Loading...
HomeMy WebLinkAboutItem 07 Appointment to Fill A Vacancy on the City Commission, for Single-Member District 1, to Serve Until the Next General Election, to be Held on March 14, 2006 AGENDA ITEM,COVER SHEET Meeting Date: October 18, 2005 Item # '1 Contact Name: Contact Number: Beth Eikenberry X1022 Background Summary: At the Commission Meeting on October 4, 2005, Commissioner Howell resigned his position as Commissioner of District 1, effective October 19, 2005. Section C-17 (c) of the City Charter requires the City Commission to select an eligible person within thirty (30) days of the vacancy to serve until the successor is elected. An eligible person would (1) be willing to serve, (2) be a qualified elector of the City, (3) be a bona fide resident of Single-member District 1, (4) hold no other office, whether such office be federal, state, county or municipal, or (5) hold no other employment with the City of Ocoee. The City Attorney has advised that the Commission may take action on this matter at the October 18, 2005 meeting and that Commissioner Howell is eligible to vote on his replacement at this meeting. The City Commission must take action to fill the vacancy no later than November 18, 2005. No specific procedure to fill a vacancy has been adopted by the City Commission beyond the provisions set forth in the Charter. Any person selected by the City Commission would be required to file financial disclosure. If that person is a member of any City board, or holds any "dual office" under Florida law, they would be required to resign from such Board or office prior to being sworn into office. Issue: Consideration of the selection of an eligible person to fill the vacancy in City Commission District 1. Recommendations Commissioner Howell has requested that this item be placed on the Agenda and advised that he would like the Commission to consider the selection of Gary Hood to fill the vacancy. If the City Commission takes action at this time, it is recommended that any appointment be subject to confirmation by the City Clerk that the appointee is an eligible person and willing to serve. Attachments: Copy of Section C-17 of Charter. Financial Impact: None Type of Item: (please mark with an "x") Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution ~ Commission Approval Discussion & Direction For Clerk's Dep! Use: _ Consent Agenda Public Hearing ~ Regular Agenda ~ Original DocumenUContract Attached for Execution by City Clerk _ Original DocumenUContract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) N/A N/A N/A 2 9 C- 1 4 OCOEE CODE 9 C- 1 7 the City Commission shall be necessary to adopt any ordinance or resolution. The vote of each member of the City Commission shall be recorded and entered in the minutes. 9 C-15. Absence from meetings. Absence from four (4) consecutive regular meetings of the City Commission shall vacate the seat of the member absent. unless such absence is excused by the City Commission by resolution setting forth the fact of such excuse duly entered in the minutes. 9 C-16. Compensation; expenses. The City Commission may determine the annual salary of the Mayor, the Mayor Pro Tem and the Commissioners by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of members of the City Commission elected at the next regular city election, provided that such election follows the adoption of such ordinance by at least six (6) months. Members of the City Commission shall receive their actual and necessary expense incurred in the performance of their duties of office. 9 C-17. Vacancies; forfeiture of office; filling of vacancies. A. Vacancies. The office of a member of the City Commission shall become vacant upon the member's death, resignation. forfeiture of office or removal from office in any manner authorized by law. B. Forfeiture of office. Any member of the City Commission shall forfeit his office if he lacks at any time during one's term of office any qualification for the office prescribed by this Charter or by law or is convicted of a felony or any crime involving moral turpitude. The provisions of this subsection shall be exercised in accordance with the provisions of 9 C- 10. C. Filling of vacancies. If any vacancy. other than the Office of Mayor. occurs in the City Commission. an eligible person shall be selected by the City Commission within thirty (30) days of the vacancy to serve C16 (116. § C-17 CHARTER § C-19 until the successor is elected, unless a special election is called by the City Commission hereunder. If a vacancy occurs in the office of Mayor, the Mayor Pro Tern shall serve as Mayor until the successor is elected. The City Commission shall appoint a Commissioner to fill the vacancy created by the Mayor Pro Tern serving as Mayor; such Commissioner shall serve until such time as a Mayor is elected. The successor to the office of Mayor or Commissioner shall be elected at the next general city election if such election is to be held within six (6) months of the vacancy. If a general city election will not be held within six (6) months, the successor shall be elected at a special election which shall be called by the City Commission within thirty (30) days of the vacancy. The successor shall serve for the unexpired term of the member who created the vacancy. If all members of the City Commission are removed at the same time, the Governor of the State of Florida shall appoint an interim City Commission that shall call a special election within thirty (30) days of appointment. (ow § C-18. Independent audit. The City Commission shall provide for an independent annual audit of all city accounts and may provide for more frequent audits as it deems necessary. Audits shall be made by a certified public accountant or firm of accountants who or which has no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The City Commission may designate such accountant or firm annually or for a period not exceeding three (3) years, provided that the designation for any particular fiscal year shall be made no later than thirty (30) days after the beginning of such fiscal year. If the state makes such an audit, the City Commission may accept it as satisfying the requirements of this section. § C-19. Initiative and referendum. A. Initiative and referendum generally. (1) Initiative. The qualified electors of the city shall have the power to propose ordinances to the City Commission, and if the City Commission fails to adopt an ordinance so proposed without any change in substance, such electors shall have the power to adopt (Iiby C17