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HomeMy WebLinkAboutItem VI(D) Direction re: Charter Referendum regarding Municipal Election Date 1 I AGENDA 9-20-94 Item VI D FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801 TELEPHONE (4071 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: The Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq. , City Attorney DATE: September 12, 1994 RE: Municipal Election Dates: Requirements for Charter Amendment and Other Options At the last City Commission meeting a question was raised regarding the possibility of placing a Charter amendment on the November 29, 1994 municipal ballot. The purpose would be to change the municipal election dates set forth in the Charter which call for elections to be held annually on the first Tuesday after the first Monday in November of each year. The purpose of this memorandum is to advise you regarding the procedures to amend the Charter and the applicable time constraints. Additionally, the legal ramifications of such an amendment are addressed along with a discussion of other options. Any change of election dates will also affect the term of office of incumbent elected officials. While the term of office of the Mayor and each City Commissioner is generally considered to be "two years", the Charter provides that the term of office commences upon being sworn into office and continues until such time as a successor is sworn into office. Under the Charter, all elected officials are sworn into office immediately after the results of the election are declared by the Canvassing Board. Accordingly, a change of election dates could shorten or lengthen the terms of incumbent elected officials. As you are aware, the Supervisor of Elections refused to hold the November 1994 election on the date set forth in the Charter. As a result, the City Commission adopted an Ordinance which rescheduled the regular election to November 29, 1994 and scheduled the runoff election for December 13, 1994 . This action was taken pursuant to the provisions of Section 101. 75, Florida Statutes. d1'- These actions applied only to the 1994 election, but would also be available in 1996 unless changed by the legislature. In order to amend the Charter it is necessary for the City Commission to adopt an ordinance submitting to the electors of the City any proposed amendment. This would require two readings and a public hearing at the second reading. Due to publication deadlines established by the Supervisor of Elections, it would be necessary to hold the first reading on October 4 and the second reading on October 18, 1994. A referendum would be held following adoption of the ordinance. The Charter amendment would become effective if approved by a majority of the electors voting. If the City Commission is interested in pursuing a Charter amendment, then it is essential that appropriate direction be given to the City Attorney at the City Commission meeting of September 20. Generally, the options available would be to change the election to a date certain which does not conflict with a statewide or countywide election or, alternatively, to allow the City Commission to take such action by ordinance on a one time basis. Either of such actions could extend or shorten the terms of incumbent elected officials. In the absence of a Charter amendment changing the election date, the 1995 Ocoee elections would be held in accordance with the Charter since there is no conflict in 1995 with a statewide or county election. However, in 1996, there would be a conflict and (absent a change of policy by the Supervisor of Elections) the 1996 election would need to be rescheduled. In the event the City Commission does not place a Charter amendment on the November 1994 ballot, then the remaining options would be to either (i) propose a Special Act in the 1995 legislature, or (ii) place the Charter amendment on the November 1995 ballot. Enclosed is a copy of the Special Act which we previously prepared, but which was not considered by the local delegation due to advertising deadlines. At the City Commission meeting, I will be prepared to discuss this subject with you and the methods of accomplishing any direction you may have regarding the scheduling of elections after 1994. PER:dh C:\WPS1\DOCS\OCOE\MEMOS\PERDDH09.124I9/12/941 DEBBIEH I PER:dh -2- 1 An Act relating to the City of Ocoee,Florida("City"); 2 providing the City Commission of the City with the 3 authority, by ordinance and without referendum, to 4 amend the City's municipal Charter to provide for new . 5 election dates for municipal elections, and to further 6 amend the City's municipal Charter to provide for new 7 beginning dates for terms of office and to provide for 8 extended or shortened terms for incumbents to coincide 9 with such new election dates; providing an effective 10 date. 11 Be It•Enacted by the Legislature of the State of Florida: 12 Section 1. The City Commission of the City of Ocoee, Florida (the 13. "City"), may, by ordinance and without referendum, amend the City's municipal 14 charter to provide for such new regular municipal and run-off election dates as the 15 City Commission of the City may determine. 16 Section 2. The City Commission of the City of Ocoee, Florida, may, by 17 ordinance and without referendum, amend the City's municipal charter to provide 18 for new beginning dates for terms of office, solely for the purpose of making same 19 consistent with any_new election dates adopted pursuant to Section 1 hereof. 20 Section 3. The City Commission of the City of Ocoee, Florida, may, by 21 ordinance and without referendum, amend the City's municipal charter to provide 22 for the shortening or lengthening of existing terms of office of the mayor and city 23 commissioners, solely for the purpose of making same consistent with any new 24 beginning dates adopted pursuant to Section 2 hereof. No term of office shall be 25 extended or shortened by a period of more than six (6) months. 26 CODING: Words underlined are additions; words in strnek-threngh type re are from existing law. 1 Section 4. The authority granted hereby to the City Commission of the 2 City to amend the City's municipal Charter by ordinance and without referendum 3 pursuant to Sections 1, 2 and 3 hereof shall extend only to one such municipal 4 charter amendment. . 5 Section 5. This Act shall take effect upon becoming a law. 6 7 • 8 9 10 11 12 13 14 15 _ 16 17 18 19 20 21 22 23 24 25 26 CODING: Words underlined are additions; words in 5track-through type are deletions from existing law.