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HomeMy WebLinkAboutItem VI (C) Discussion re: Districting Issues; 1.Single Member Districts 2. District Lines t I AGENDA 2-1-94 "CENTER OF GOOD LNING-PRIDE OF WEST ORANGE" Item VI C 1 OC;. ®c S.SCOTT VANDERGRIFT orpr, Q ° CITY OF OCOEE RUST JOHNSON O. 150 N.LAKESHORE DRIVE PAUL W.FOSTER C. (4:3OCOEE FLORIDA 34761-2258 VERN COMBS to `.1V (407)656-2322 JIM GLEASON r' OF 000D``� QTY MANAGER ELLIS SHAPIRO MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Ellis Shapiro, City Manager DATE: January 24, 1994 RE: SINGLE MEMBER DISTRICTS After the last municipal election there were several complaints from citizens that they were unable to vote due to single member districts. Furthermore, several of you have stated that you wished to investigate the possibility of changing our charter to have candidates live in a district to qualify for that district but run on a City-wide basis. Attached is a memo from City Attorney Paul Rosenthal that explains how this change can be made. We await your decision. Respectfully Submitted, ES:fdg:236 // j Attachment FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1500 ORLANDO, FLORIDA 32801 TELEPHONE 14071 423-7656 FACSIMILE 14071 648-1743 TAMPA. FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN JACKSONVILLE. FLORIDA POST OFFICE BOX 2193 MADISON. WISCONSIN TALLAHASSEE. FLORIDA WASHINGTON. D.C. WEST PALM BEACH. FLORIDA ORLANDO. FL. 32802-2193 ANNAPOLIS. MARYLAND CHICAGO. ILLINOIS MEMORANDUM TO: Ellis Shapiro, City Manager FROM: Paul E. Rosenthal, City Attorneyf DATE: December 30, 1993 RE: Single Member Districts This memorandum is in response to your request that I advise you regarding the procedures which should be followed by the City in order to consider a charter amendment to eliminate the current single member district system. You have also requested that I advise you regarding procedures related to changing the current district boundaries . CHARTER AMENDMENTS: Amendments to the City Charter are governed by the provisions of Section 166 . 031, Florida Statutes . Any proposed charter amendment must be approved by a majority of the electors voting in a referendum upon such amendment. Such referendum may be held at the next general election within the City or at a special election called by the City Commission for such purpose. In order to initiate a proposed charter amendment it would be necessary for the City Commission to adopt an ordinance submitting a proposed charter amendment to the electors of the City. Article X of the City Charter requires that the City Commission appoint a Charter Review Commission every ten (10) years . The next Commission is scheduled to be formed no later than December 15 , 1999 . The City Commission may, but is not required to, form a Charter Review Commission at an earlier date to serve as an advisory body with respect to Charter amendments. It is not necessary for the City Commission to form a Charter Review Commission in order to present to the municipal electors a proposed charter amendment . Except in connection with amendments proposed by the Charter Review Commission, the City Charter does not impose any restrictions on the authority of the City Commission to submit to the electors proposed charter amendments in accordance with the procedures set forth in Florida Statutes . PROCEDURES FOR ELIMINATING SINGLE MEMBER DISTRICT SYSTEM: The subject of single member districts is addressed in Articles III, VII, and XI of the City Charter. Generally, the Charter divides the City into four single member districts and requires that City Commissioners reside in their respective districts and be elected by the electors of such districts. It would be necessary for a charter amendment to be adopted in order to modify the current single member district system. Any such amendment could be pursued in accordance with the procedures set forth in the above discussion regarding charter amendments. In the event the City Commission desired to have a proposed charter amendment in place prior to the November elections, it would then be necessary for a special election to be held to consider any such charter amendment. It is recommended that any referendum to consider an amendment to the Charter affecting single member districts be held at least two (2) months before the opening of qualifying in order to assure sufficient public notice and a reasonable opportunity for the Supervisor of Elections to make such adjustments as may be necessitated as a result of the adoption of any such charter amendment. REDISTRICTING OF SINGLE MEMBER DISTRICTS : You have indicated that there may be a need to change the single member district lines in order to provide for a better definition of neighborhoods and to allow for population updates. The consideration of any such redistricting would be governed by the provisions of Article XI of the City Charter. Currently, a Districting Commission is scheduled to be established in November, 1996 . The provisions of Section C-66 (A) authorizes the City Commission to establish a Districting Commission at such other times as deemed necessary by the City Commission. The Charter addresses the procedures to be followed by a new Districting Commission and the City Commission in considering any changes to the geographic boundaries of the single member districts. These procedures involve the adoption of an ordinance redistricting the geographic boundaries of each single member district after receipt of a report from the Districting Commission. District boundaries may not be changed less than four (4) months prior to a regular municipal election. The authority of the City Commission to establish district boundaries is restricted by the Charter. While the final decision regarding redistricting is made by the City Commission, the Charter prohibits the City Commission from redistricting until after receipt of a report from the Districting Commission containing recommendations relating thereto. -2- Your specific attention is directed to the following requirements of the Charter: (1) Each district must be compact and contiguous and be as rectangular as possible. (2) Each district must be based upon the principle of equal and effective representation. (3) The boundaries of each district should, to the extent possible, follow the boundary lines of county precincts within the City. The technical nature of the above requirements would make it advisable to again retain professional assistance in evaluating population data and drawing district boundaries. Any redistricting would need to be based upon the best available census data. SCHEDULING OF MUNICIPAL ELECTIONS: As we have discussed, it may become necessary for the City to reschedule the November general municipal election due to the refusal of the Supervisor of Elections to hold municipal elections on the same day as statewide and county elections. The City Charter establishes election dates which are in conflict with the dictates of the Supervisor of Elections. At this point in time, it remains unclear whether the City will be able to comply with the Charter requirements regarding the November election date. Unless a solution is reached, it may become necessary to schedule a special election to amend the City Charter in order to allow for the holding of the municipal elections consistent with the policy of the Supervisor of Elections . While we do not know whether such course of action will ultimately be necessary, it would be advisable to consolidate in a single special election any charter amendments relating to single member districts and the scheduling of municipal elections . This would avoid multiple referendums and the expenses associated therewith. SUMMARY: In summary, the City Commission may, by ordinance, schedule a referendum to consider a charter amendment . This may be a general or special election. The City Charter does not contain any restrictions on the authority of the City Commission to schedule such a referendum. The City should consider the possibility of consolidating in a single referendum any topics related to single member districts and the scheduling of municipal elections . Redistricting can be accomplished only through the establishment of a Districting Commission in accordance with the provisions of the Charter. -3- AGENDA 2-1-94 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI C 2 6`(4.0,044903 ' S.SCOTT VANDERGRIFT CITYFCOMMISSIONERS O OCOEE RUSTY JOHNSON vO 150 N.LAK SHORE DRIVE PAUL W.FOSTER OCOEE FLORIDA 34761-2258 VERN COMBS c+ SCI) �v (407)656-2322 JIM GLEASON yrE� Op G009 ` QTY MANAGER ELLIS SHAPIRO MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Ellis Shapiro, City Manager DATE: January 24, 1994 RE: DISTRICT LINES At least one City Commissioner and a former City Commissioner has discussed with me their problems with certain district lines as currently drawn. If the City Commission would agree to look at the lines as drawn, it must do so through a Districting Committee as explained in City Attorney Rosenthal's memo attached to this document. To this end, it would be respectfully recommended that the Districting Committee that created the original lines be contacted to determine if they would continue to serve in this effort. Further, I would suggest that the expert from Florida State also be contacted to determine whether he could again assist this Committee. If you wish to revisit these lines and agree with our recommendation, please advise. r� Respectfully Submitted, ES:fdg:237 Attachment FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801 TELEPHONE 1407) 423-7656 FACSIMILE (407) 648-1743 TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN TALLAHASSEE, FLORIDA WASHINGTON, D.C. WEST PALM BEACH, FLORIDA ORLANDO, FL. 32802-2193 ANNAPOLIS, MARYLAND CHICAGO, ILLINOIS MEMORANDUM TO: Ellis Shapiro, City Manager FROM: Paul E. Rosenthal, City Attorneyf' DATE: December 30, 1993 RE: Single Member Districts This memorandum is in response to your request that I advise you regarding the procedures which should be followed by the City in order to consider a charter amendment to eliminate the current single member district system. You have also requested that I advise you regarding procedures related to changing the current district boundaries. CHARTER AMENDMENTS : Amendments to the City Charter are governed by the provisions of Section 166 . 031, Florida Statutes . Any proposed charter amendment must be approved by a majority of the electors voting in a referendum upon such amendment . Such referendum may be held at the next general election within the City or at a special election called by the City Commission for such purpose. In order to initiate a proposed charter amendment it would be necessary for the City Commission to adopt an ordinance submitting a proposed charter amendment to the electors of the City. Article X of the City Charter requires that the City Commission appoint a Charter Review Commission every ten (10) years. The next Commission is scheduled to be formed no later than December 15, 1999 . The City Commission may, but is not required to, form a Charter Review Commission at an earlier date to serve as an advisory body with respect to Charter amendments. It is not necessary for the City Commission to form a Charter Review Commission in order to present to the municipal electors a proposed charter amendment. Except in connection with amendments proposed by the Charter Review Commission, the City Charter does not impose any restrictions on the authority of the City Commission to submit to the electors proposed charter amendments in accordance with the procedures set forth in Florida Statutes. PROCEDURES FOR ELIMINATING SINGLE MEMBER DISTRICT SYSTEM: The subject of single member districts is addressed in Articles III, VII, and XI of the City Charter. Generally, the Charter divides the City into four single member districts and requires that City Commissioners reside in their respective districts and be elected by the electors of such districts. It would be necessary for a charter amendment to be adopted in order to modify the current single member district system. Any such amendment could be pursued in accordance with the procedures set forth in the above discussion regarding charter amendments. In the event the City Commission desired to have a proposed charter amendment in place prior to the November elections, it would then be necessary for a special election to be held to consider any such charter amendment. It is recommended that any referendum to consider an amendment to the Charter affecting single member districts be held at least two (2) months before the opening of qualifying in order to assure sufficient public notice and a reasonable opportunity for the Supervisor of Elections to make such adjustments as may be necessitated as a result of the adoption of any such charter amendment. REDISTRICTING OF SINGLE MEMBER DISTRICTS: You have indicated that there may be a need to change the single member district lines in order to provide for a better definition of neighborhoods and to allow for population updates. The consideration of any such redistricting would be governed by the provisions of Article XI of the City Charter. Currently, a Districting Commission is scheduled to be established in November, 1996 . The provisions of Section C-66 (A) authorizes the City Commission to establish a Districting Commission at such other times as deemed necessary by the City Commission. The Charter addresses the procedures to be followed by a new Districting Commission and the City Commission in considering any changes to the geographic boundaries of the single member districts. These procedures involve the adoption of an ordinance redistricting the geographic boundaries of each single member district after receipt of a report from the Districting Commission. District boundaries may not be changed less than four (4) months prior to a regular municipal election. The authority of the City Commission to establish district boundaries is restricted by the Charter. While the final decision regarding redistricting is made by the City Commission, the Charter prohibits the City Commission from redistricting until after receipt of a report from the Districting Commission containing recommendations relating thereto. -2- Your specific attention is directed to the following requirements of the Charter: (1) Each district must be compact and contiguous and be as rectangular as possible. (2) Each district must be based upon the principle of equal and effective representation. (3) The boundaries of each district should, to the extent possible, follow the boundary lines of county precincts within the City. The technical nature of the above requirements would make it advisable to again retain professional assistance in evaluating population data and drawing district boundaries . Any redistricting would need to be based upon the best available census data. SCHEDULING OF MUNICIPAL ELECTIONS: As we have discussed, it may become necessary for the City to reschedule the November general municipal election due to the refusal of the Supervisor of Elections to hold municipal elections on the same day as statewide and county elections . The City Charter establishes election dates which are in conflict with the dictates of the Supervisor of Elections. At this point in time, it remains unclear whether the City will be able to comply with the Charter requirements regarding the November election date. Unless a solution is reached, it may become necessary to schedule a special election to amend the City Charter in order to allow for the holding of the municipal elections consistent with the policy of the Supervisor of Elections . While we do not know whether such course of action will ultimately be necessary, it would be advisable to consolidate in a single special election any charter amendments relating to single member districts and the scheduling of municipal elections. This would avoid multiple referendums and the expenses associated therewith. SUMMARY: In summary, the City Commission may, by ordinance, schedule a referendum to consider a charter amendment. This may be a general or special election. The City Charter does not contain any restrictions on the authority of the City Commission to schedule such a referendum. The City should consider the possibility of consolidating in a single referendum any topics related to single member districts and the scheduling of municipal elections. Redistricting can be accomplished only through the establishment of a Districting Commission in accordance with the provisions of the Charter. -3-