VII (A6) First Reading Ordinance No. 99-07, proposing Amendments to Charter to Change the Terms of Office and Clarify Certain Provisions in the Charter Agenda 12-15-98
Item VII A 6
FOLEY & LARDNER
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EMAIL ADDRESS CLIENT/MATTER NUMBER
prosenthal@foleylaw.com 020377-0107
MEMORANDUM
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney
DATE: December 9, 1998
Pursuant to the action taken by the City Commission at its meeting of August 19, 1997,
please find attached proposed Ordinance No. 99- o '1 , which proposes certain Charter
Amendments for consideration by the electors of the City at the March 1999 general municipal
election. The Ordinance provides for two ballot questions. The first ballot question deals
with changing the term of office of the Mayor and City Commissioners from two years to
three years, commencing with the March 2000 general municipal election. The second ballot
question combines the four "clean-up items" into a single ballot question dealing with
excessive weed growth, the use of certified mail, the terms of employment and termination of
the City Manager and the Personnel Board.
The proposed Ordinance will be presented for first reading at the meeting of December
15, 1998 and for second reading and adoption at the meeting of January 5, 1999. Upon
adoption, the two ballot questions will be placed on the March 1999 ballot and would be
incorporated into the Charter upon approval by a majority of the electors voting in the
election.
/jh
Enclosure
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A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART
ORDINANCE NO. 99-07
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
PROPOSING CERTAIN AMENDMENTS TO THE
CHARTER OF THE CITY OF OCOEE; PROVIDING FOR
AN AMENDMENT TO THE CHARTER TO CHANGE THE
TERMS OF OFFICE OF THE MAYOR AND CITY
COMMISSIONERS FROM TWO YEARS TO THREE
YEARS; PROVIDING FOR AN AMENDMENT TO THE
CHARTER TO CLARIFY CERTAIN PROVISIONS
RELATED TO REMOVAL OF EXCESSIVE WEED
GROWTH, USE OF CERTIFIED MAIL, THE TERMS AND
CONDITIONS OF THE EMPLOYMENT AND
TERMINATION OF THE CITY MANAGER AND THE
POWERS AND DUTIES OF THE CITY PERSONNEL
BOARD; PROVIDING FOR A REFERENDUM FOR
APPROVAL OR REJECTION OF THE PROPOSED
AMENDMENTS BY THE ELECTORS OF THE CITY OF
OCOEE; PROVIDING FOR AND AUTHORIZING
FURTHER ACTS TO IMPLEMENT THIS ORDINANCE;
PROVIDING FOR SEVERABILITY AND CONFLICTS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to the provisions of Article X of the Charter of the City
of Ocoee, Florida (the "Charter"), the City Commission of the City of Ocoee (the "City
Commission") appointed a Charter Review Commission to review the Charter and make
recommendations to the City Commission regarding proposed changes thereto; and
WHEREAS, the Charter Review Commission held ten (10) advertised public
meetings, five (5) of which were public hearings, to discuss the Charter and proposed changes
thereto and to receive public input with respect to proposed changes to the Charter; and
WHEREAS, pursuant to the provisions of the Section C-61 of the Charter, the
Charter Review Commission prepared and presented to the City Commission a report setting
forth certain recommended amendments and revisions to the Charter (the "Report"); and
006.119461.1
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WHEREAS, the Report was considered by the City Commission at an
advertised public hearing held on August 19, 1997;
WHEREAS, after due consideration of the Report and the receipt of public
input with respect thereto, the City Commission accepted certain recommendations of the
Charter Review Commission as set forth in the Report and rejected certain recommendations of
the Charter Review Commission as set forth in the Report; and
WHEREAS, at the City Commission meeting of November 18, 1997, the City
Commission directed that the proposed amendments to the Charter which were accepted by the
City Commission be scheduled for consideration by the electors of the City of Ocoee at the
time of the March, 1999 general municipal election; and
WHEREAS, Section 166.031, Florida Statutes, provides that the governing
body of a municipality may, by ordinance, submit to the electors of said municipality a
proposed amendment to its charter which amendment may be to any part or to all of its charter
except that part describing the boundaries of such municipality; and
WHEREAS, the City Commission finds that it is in the best interest of the City
of Ocoee to submit certain proposed amendments to the Charter to the electors of the City at
the next general municipal election to be held in March, 1999, all in accordance with Section
166.031, Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION
OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
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SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VB1 of the Constitution of the State of
Florida, Chapter 166, Florida Statutes, and Articles VII and X of the Charter.
SECTION 2. Proposed Amendment to Charter: Term of Office.
(a) Text of Proposed Amendment. The City Commission of the City of
Ocoee, Florida, pursuant to Section 166.031, Florida Statutes, hereby proposes an amendment
to the Charter of the City of Ocoee as set forth in Exhibit "A-1" attached hereto and by this
reference made a part hereof.
(b) Ballot Question. The ballot title and wording and the substance of said
proposed amendment to the Charter, as contained in Subsection (a) above, shall appear on the
ballot in the form as set forth in Exhibit "A-2" attached hereto and by this reference made a
part hereof.
(c) Effective Date of Proposed Amendment. The proposed amendment set
forth in Subsection (a) above shall take effect on June 1, 1999, but only if approved by a
majority of those qualified City of Ocoee electors voting on the proposed amendment at the
general municipal election in March, 1999.
SECTION 3. Proposed Amendment to Charter: Clarification related to
excessive weeds, use of certified mail, the employment and termination of the City
Manager and the City Personnel Board.
(a) Text of Proposed Amendment. The City Commission of the City of
Ocoee, Florida, pursuant to Section 166.031, Florida Statutes, hereby proposes an amendment
to the Charter of the City of Ocoee as set forth in Exhibit "B-1" attached hereto and by this
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reference made a part hereof.
(b) Ballot Question. The ballot title and wording and the substance of said
proposed amendment to the Charter, as contained in Subsection (a) above, shall appear on the
ballot in the form as set forth in Exhibit "B-2" attached hereto and by this reference made a
part hereof.
(c) Effective Date of Proposed Amendment. The proposed amendment set
forth in Subsection (a) above shall take effect on June 1, 1999, but only if approved by a
majority of those qualified City of Ocoee electors voting on the proposed amendment at the
general municipal election in March, 1999.
SECTION 4. Submission to Electorate. The proposed amendments to the
Charter, as contained in Sections 2 and 3 of this Ordinance, shall be placed to a vote of the
electors of the City of Ocoee at the next general municipal election to be held in March, 1999.
Such election shall be held in conformity with the laws of the State of Florida and the
ordinances of the City of Ocoee now in force relating to elections in the City of Ocoee.
SECTION 5. Authorization for Further Acts. The City Manager and the
City Attorney of the City of Ocoee are authorized and directed:
(i) To make further modification and changes to the ballot wording set forth
in this Ordinance as may be necessary or desirable under the constitution
and laws of the State of Florida, so long as such changes and
modifications do not alter the substance of this Ordinance, subject to
confirmation of the City Commission; and
(ii) To otherwise take all actions necessary or desirable to cause the
proposed amendments to the Charter as set forth in this Ordinance to be
subject to referendum at the general municipal election to be held in
March, 1999.
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SECTION 6. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 7. Conflicting Ordinances. All ordinances and Charter provisions
or parts of ordinances and Charter provisions in conflict with any amendment to the Charter set
forth in this Ordinance are hereby repealed, but only if such amendment is approved by a
majority of those qualified City of Ocoee electors voting on the proposed amendment at the
general municipal election in March, 1999.
SECTION 8. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of ,1999.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY ADVERTISED December 24 , 19 98
THE CITY OF OCOEE, FLORIDA; READ FIRST TIME DECEMBER 15, 1999
APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED
LEGALITY this _day of ,1999. , 1999
UNDER AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
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EXHIBIT "A-1"
TO ORDINANCE NO. 99-07
(a) Text of Proposed Amendment. Section C-45 of Article VII of the Charter of the City
of Ocoee is amended to read as follows:
§ C-45. Election dates and terms of office. [Amended 4-2-1996 by Ord. No. 96-05; 10-7-
1997 by Ord. No. 97-20]
A. Beginning in March 1998, regular municipal elections shall be held annually on the
second Tuesday in March of each year. The terms of office of the Mayor and City
Commissioners shall be as follows:
(1) The Mayor shall be elected for a two-year term at a regular municipal
election to be held in March 1999 and shall thereafter be elected for a two-
year term at a regular municipal election to be held every two years
thereafter.
(2) Two City Commissioners shall be elected for two-year terms at a regular
municipal election to be held in March 1998 and shall thereafter be elected
for two-year terms at a regular municipal election to be held every two
years thereafter. Such City Commissioners shall be elected to Seat No. 2
and Seat No. 4.
(3) Two City Commissioners shall be elected for two-year terms at a regular
municipal election to be held in March 1999 and shall thereafter be elected
for two-year terms at a regular municipal election to be held every two
years thereafter. Such City Commissioners shall be elected to Seat No. 1
and Seat No. 3.
Beginning in March 2000, the provisions of Subsections (A)(1), (A)(2) and (A)(3)
above shall be repealed and the terms of office of the Mayor and City
Commissioners shall thereafter be as follows:
(1) The Mayor shall be elected for a three-year term at a regular municipal
election to be held in March 2001 and shall thereafter be elected for a three-
year term at a regular municipal election to be held every three (3) years
thereafter.
(2) Two (2) City Commissioners shall be elected for three-year terms at a
regular municipal election to be held in March 2000 and shall thereafter be
elected for three (3) year terms at a regular municipal election to be held
every three (3) years thereafter. Such City Commissioners shall be elected
to Seat No. 2 and Seat No. 4.
(3) Two (2) City Commissioners shall be elected for three-year terms at a
regular municipal election to be held in March 2001 and shall thereafter be
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elected for three year terms at a regular municipal election to be held every
three (3) years thereafter. Such City Commissioners shall be elected to Seat
No. 1 and Seat No. 3.
B. Notwithstanding the above, the term of office of any person elected to the office
of Mayor or the office of City Commissioner shall commence upon being sworn
into office and continue until such time as his or her respective successor is
sworn into office. Any person elected to the office of Mayor or the office of
City Commissioner shall be sworn into office at 7:00 p.m. on the day of the
next regularly scheduled City Commission meeting held after the results of the
election are declared by the Canvassing Board as set forth in § C-50 of this
article. The incumbent Mayor and City Commissioners at the effective date of
Ordinance No. 97-20 shall continue to hold'their respective offices until their
successors are sworn into office. Notwithstanding the foregoing, in the event
that no candidate qualifies for the office of Mayor or a specific seat on the City
Commission, then such office or seat shall be declared vacant by the Canvassing
Board at its meeting following the regular municipal election.
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EXHIBIT "A-2"
TO ORDINANCE NO. 99-07
(a) Ballot Question:
(b) BALLOT QUESTION #1
(c) CHARTER AMENDMENT TO CHANGE THE TERM OF OFFICE OF THE
MAYOR AND CITY COMMISSIONERS FROM TWO YEARS TO THREE YEARS
COMMENCING WITH THE MARCH 2000 ELECTION.
(d) Shall the above-described amendment be adopted?
(e) Yes
(f) No
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EXHIBIT "B-1"
TO ORDINANCE NO. 99-07
(c) Text of Proposed Amendment.
(i) Subsection Q of Section C-8 of Article II of the Charter of the City of Ocoee is
amended to read as follows:
Q. Maintenance of private property. To require all lands, property, lots, bodies of
water and other premises within the city to be kept clean, sanitary and free from
'Weedy excessive weed growth or to make them so at the expense of the owner
by assessing the cost against the property; to establish by ordinance that the
assessment will be a lien on the property until discharged by payment.
(ii) Subsection D of Section C-19 of Article III of the Charter of the City of Ocoee
is amended to read as follows:
D. Procedure for filing.
(1) Certificate of City Clerk; amendment. Within thirty (30) days after an
initiative petition or referendum petition is filed, the City Clerk shall
complete a certificate as to its sufficiency, specifying if it is insufficient the
particulars wherein it is defective, and shall send a copy of the certificate to
the petitioners' committee by registered certified mail. Grounds for
insufficiency are only those specified in Subsection C hereinabove. A
petition certified insufficient may be amended once, provided that the text
of the petition is not substantially changed in any way and the petitioners'
. committee files a notice of intention to amend it with the City Clerk within
seven (7) days after receiving a copy of the certificate and files a
supplementary petition upon additional papers within ten (10) days after
receiving the copy of such certificate. Such supplementary petition shall
comply with the requirements of Subsection C hereinabove. Within seven
(7) days after it is filed, the City Clerk shall complete a certificate as to the
sufficiency of the petition, as amended, and shall promptly send a copy of
such certificate to the petitioners' committee by registered certified mail as
in the case of an original petition. If a petition or amended petition is
certified insufficient and the Petitioners' Committee does not elect to amend
or request City Commission review under Subsection D(3) of this section
within the time required, the City Clerk shall promptly present its certificate
to the City Commission, and the certificate shall then be a final
determination as to the sufficiency of the petition.
(2) Assistance to the City Clerk. The City Clerk may, within his sole
discretion, seek the assistance of the Supervisor of Elections for Orange
County, Florida, in performing the City Clerk's duties hereunder. In such
event, the City Clerk shall remain responsible for certifying the sufficiency
of all petitions, including amended petitions.
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(3) City Commission review. If a petition has been certified insufficient and the
petitioners' committee does not file notice of intention to amend it or if an
amended petition has been certified insufficient, the committee may, within
seven (7) days after receiving the copy of such certificate, file a request that
it be reviewed by the City Commission. The City Commission shall review
the certificate at its next meeting following the filing of such request and
approve or disapprove it. The City Commission's determination shall be a
final determination as to the sufficiency of the petition.
(iii) Sections C-21, C-22 and C-23 of Article IV of the Charter of the City of Ocoee
is amended to read as follows:
§ C-21. Appointment; qualifications; compensation.
The City Commission shall appoint by affirmative vote of a majority of all its
members a City Manager for a minimum term of one (1) year. The City Manager shall
be appointed solely on the basis of executive and administrative qualifications and need
not be a resident of the City of Ocoee or the State of Florida at the time of appointment.
The City Manager may reside outside the city while employed as City Manager, subject
to the approval of the City Commission. The City Commission shall fix the
compensation of the City Manager and shall meet annually with the City Manager to
review and evaluate the City Manager's performance. The City Commission may enter
into an employment agreement with the City Manager addressing terms and conditions
of employment not inconsistent with or in conflict with the provisions of this Charter.
Any such employment agreement may provide that the City Manager may be terminated
without cause at any time during the term of the employment agreement, subject to
compliance with the procedures set forth in Section C-22. Further, any such agreement
may provide for circumstances under which the City Manager may be temporarily
suspended with or without pay.
§ C-22. Termination. § C 22. Removal.
The City Commission may remove terminate the employment of the City Manager in
accordance with the following procedures:
A. The City Commission shall adopt by affirmative vote of a majority of all
its members a preliminary resolution which -„ st state the " s for
stating its intention to terminate the employment of the
City Manager and such preliminary resolution may also suspend the City
Manager from duty for a period not to exceed forty-five (45) days. A
copy of the resolution shall be delivered promptly to the City Manager.
B. Within five (5) days after a copy of the resolution is delivered to the City
Manager, the City Manager may file with the City Commission a written
reply and/or a written request for a public hearing. This If requested,
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this hearing shall be held at a regular or special City Commission
meeting no earlier than fifteen (15) days and no later than thirty (30)
days after the request is filed.
C. The City Commission may adopt by affirmative vote of a majority of all
its members a final resolution 4-removal terminating the employment of
the City Manager, which may be made effective immediately upon
adoption. Such resolution may be adopted at any time after five (5) days
from the date a copy of the preliminary resolution was delivered to the
City Manager, if the City Manager has not requested a public hearing. If
the City Manager has requested a hearing, such resolution may be
adopted at any time after the hearing. In the event that the City
Commission fails to remove terminate the City Manager in the manner
provided hereunder within forty-five (45) days from the effective date of
adoption of the preliminary resolution
, then the City Manager shall automatically be
reinstated if the preliminary resolution suspended the City Manager and
the preliminary resolution shall thereafter no longer be of any force or
effect.
D. The City Manager shall continue to receive a salary during the period of
suspension and, if removed terminated, shall receive a salary until the
effective date of a final resolution of gal termination. The action of
the City Commission in suspending or removing terminating the City
Manager shall not be subject to review by any court or agency. A
nonrenewal of the City Manager's employment agreement with the city
shall not constitute a removal termination hereunder requiring
compliance with the provisions of this section in order to terminate
employment.
E. The procedures set forth herein shall also be applicable to a termination
of an employment agreement with the City Manager; provided, however,
that if such employment agreement requires that a termination be for
cause, then the preliminary and final resolutions shall set forth the cause
for termination.
§ C-23. Acting City Manager.
A. There shall be an Acting City Manager who shall exercise the powers
and perform the duties of City Manager during the temporary absence,
disability or suspension of the City Manager. The or during such time as
there is a vacancy in the position. In the case of a temporary absence,
the City Manager shall designate, by letter filed with the City Clerk, a
qualified city administrative officer to serve as Acting City Manager;
. In the event that LU the
City Manager fails to designate someone as Acting City Manager as
required hereunder, (2) the City Manager has been suspended or is
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disabled, or (3) there is a vacancy in the position of City Manager, then
in any of such events the City Commission may then appoint a qualified
Acting City Manager.
B. The Acting City Manager shall serve at the pleasure of the City
Commission and may be removed by the City Commission at any time,
with or without cause. The removal of the Acting City Manager shall not
affect, in any manner, any other positions such person may hold with the
city. The real provisions of § C-22 of this Article shall not apply to
an Acting City Manager.
C. The Acting City Manager shall serve as City Manager until such time as
the City Manager resumes the position of City Manager, a new City
Manager is appointed by the City Commission pursuant to § C-21 of this
Article or the Acting City Manager is removed and a new Acting City
Manager is appointed by the City Commission.
(iv) Subsection C of Section C-30 of Article V of the Charter of the City of Ocoee is
amended to read as follows:
C. Powers and duties. The Personnel Board shall be responsible for
developing reviewing personnel policies for the city which are submitted
to them by the City Manager and recommending such policies to the City
Commission for adoption or amendment. The City Manager shall adhere
to all personnel policies. The Personnel Board shall also have such other
powers and duties as may be established by ordinance by the City
Commission.
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EXHIBIT "B-2"
TO ORDINANCE NO. 99-07
(a) Ballot Question
(b) BALLOT QUESTION #2
(c) CHARTER AMENDMENT TO CLARIFY CERTAIN PROVISIONS RELATED TO
REMOVAL OF EXCESSIVE WEED GROWTH, THE USE OF CERTIFIED MAIL,
THE TERMS AND CONDITIONS OF THE EMPLOYMENT AND TERNIINATION
OF THE CITY MANAGER, AND THE POWERS AND DUTIES OF THE CITY
PERSONNEL BOARD.
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(d) Shall the above-described amendment be adopted?
(e) Yes
(f) No
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