Item #13 First Reading of Ordinance Adopting Amendments to the City Charter to be Placed on the 2018 Municipal Election Ballot ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: September 19, 2017
Item # /3
Reviewed By:
Contact Name: Melanie Sibbitt Department Director: L �, A , ' r
Contact Number: ext. 1026 City Manager: ,2 1�
Subject: First Reading of Ordinance Adopting Amendments to the City C arter to be Placed on
the 2018 Municipal Election Ballot.
Background Summary:
Section C-59 of the City of Ocoee Charter requires that a Charter Review Commission be appointed every ten
(10) years for the purpose of providing a comprehensive review of the City Charter and to suggest any changes
thereto. The Charter Review Commission was appointed by the City Commission and held several meetings
between October, 2016 and July, 2017, including an advertised Public Hearing on July 19, 2017. Comments
and concerns relating to the Charter were solicited from members of the City Commission and from City staff.
On August 15, 2017, the Charter Review Commission presented a report to the City Commission summarizing
amendments, which were grouped as substantive changes to the Charter and clean up changes to the Charter.
After further discussion, the City Commission approved the recommended amendments with two (2) minor
changes relating to the commencement dates for 4-year terms and a related revision to the commencement
date for term limits.
Issue:
Should the Honorable Mayor and City Commission adopt the Ordinance approving the ballot language relating
to amendments to the City Charter which will be placed on the March 13, 2018, Municipal Election ballot?
Recommendations:
The Charter Review Commission and City staff recommends that the Honorable Mayor and City
Commissioners adopt the Ordinance approving the ballot language relating to amendments to the City Charter
as discussed and approved at the August 15, 2017, City Commission meeting.
Attachments:
Ordinance with Exhibits
Financial Impact:
N/A
Type of Item: (please mark with an `x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Dana Crosby Collier N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
ORDINANCE 2017-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, PROPOSING
CERTAIN AMENDMENTS TO THE CITY OF OCOEE CHARTER;
PROVIDING FOR AN AMENDMENT TO THE CHARTER TO REMOVE
TIME PERIOD FOR DESIGNATING INDEPENDENT AUDITOR;
PROVIDING FOR AN AMENDMENT TO THE CHARTER TO
ESTABLISH TERM LIMITS; PROVIDING FOR AN AMENDMENT TO
THE CHARTER TO PROVIDE 12 MONTHS FOR MAYOR OR
COMMISSIONER TO BE ELECTED IN EVENT OF VACANCY;
PROVIDING FOR AN AMENDMENT TO THE CHARTER TO REQUIRE
FUTURE CITY MANAGERS TO RESIDE IN THE CITY LIMITS;
PROVIDING FOR AN AMENDMENT TO THE CHARTER TO
ESTABLISH 4 YEAR TERMS FOR MAYOR AND COMMISSIONERS;
PROVIDING FOR AN AMENDMENT TO THE CHARTER TO REQUIRE
CITY COMMISSION REVIEW AMENDMENTS PROPOSED BY
CHARTER REVIEW COMMISSION AND ADOPT RECOMMENDATIONS
OF CHARTER REVIEW COMMISSION; PROVIDING FOR AN
AMENDMENT TO THE CHARTER TO UPDATE DISTRICTING
COMMISSION TO MEET EVERY 10 YEARS, ALLOW FOR
ALTERNATE MEMBERS, AND REQUIRE REMOVAL OF MEMBER
AFTER THREE ABSENCES; PROVIDING FOR AN AMENDMENT TO
THE CHARTER TO REQUIRE DISTRICTING COMMISSION AND
CHARTER REVIEW COMMISSION TO HAVE ALTERNATE MEMBERS
AND TO PROVIDE FOR REMOVAL OF MEMBER AFTER THREE
ABSENCES; PROVIDING FOR A REFERENDUM FOR APPROVAL OR
REJECTION OF THE PROPOSED AMENDMENTS BY THE ELECTORS
OF THE CITY OF OCOEE AT THE MARCH 13, 2018 GENERAL
ELECTION; 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 City of Ocoee Charter
("Charter"), the City Commission of the City of Ocoee ("City Commission") appointed a
Charter Review Commission to review the Charter and make recommendations regarding
proposed changes thereto; and
WHEREAS, the Charter Review Commission held multiple public meetings and an
advertised public hearing to discuss the Charter and proposed changes thereto and to
receive public input with regard to proposed changes to the Charter; and
WHEREAS, on August 15, 2017, 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"), which the City Commission
approved with a minor revision to Ballot Question 6, relating to the date to commence four-
year Commission terms; and
WHEREAS, pursuant to section 166.031, Florida Statutes, on , 2017, the
City Commission conducted an advertised public hearing and adopted an ordinance to
submit to the voters at the general municipal election in March, 2018, proposed
amendment(s) to the Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State
of Florida, Chapter 166, Florida Statutes, and Article VII of the Charter.
Section 2. Proposed Amendment to Charter: Independent Audit.
(a) Text of Proposed Amendment. The City Commission, pursuant to section
166.031, Florida Statutes, hereby proposes an amendment to the Charter as set forth in
Exhibit "A-1", which is attached hereto and incorporated herein by reference.
(b) Ballot Title and Question. The ballot title and wording of ballot question 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", which is attached hereto
and incorporated herein by reference.
(c) Effective Date of Proposed Amendment. The proposed amendment set for in
subsection (a), above, shall take effect on June 1, 2018, 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, 2018.
Section 3. Proposed Amendment to Charter: Term Limits.
(a) Text of Proposed Amendment. The City Commission, pursuant to section
166.031, Florida Statutes, hereby proposes an amendment to the Charter as set forth in
Exhibit "B-1", which is attached hereto and incorporated herein by reference.
(b) Ballot Title and Question. The ballot title and wording of ballot question 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", which is attached hereto
and incorporated herein by reference.
(c) Effective Date of Proposed Amendment. The proposed amendment set for in
subsection (a), above, shall take effect on June 1, 2018, 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, 2018.
Section 4. Proposed Amendment to Charter: Vacancy of Mayor.
(a) Text of Proposed Amendment. The City Commission, pursuant to section
166.031, Florida Statutes, hereby proposes an amendment to the Charter as set forth in
Exhibit "C-1", which is attached hereto and incorporated herein by reference.
(b) Ballot Title and Question. The ballot title and wording of ballot question 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 "C-2", which is attached hereto
and incorporated herein by reference.
(c) Effective Date of Proposed Amendment. The proposed amendment set for in
subsection (a), above, shall take effect on June 1, 2018, 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, 2018.
Section 5. Proposed Amendment to Charter: City Manager Residency.
(a) Text of Proposed Amendment. The City Commission, pursuant to section
166.031, Florida Statutes, hereby proposes an amendment to the Charter as set forth in
Exhibit "D-1", which is attached hereto and incorporated herein by reference.
(b) Ballot Title and Question. The ballot title and wording of ballot question 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 "D-2", which is attached hereto
and incorporated herein by reference.
(c) Effective Date of Proposed Amendment. The proposed amendment set for in
subsection (a), above, shall take effect on June 1, 2018, 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, 2018.
Section 6. Proposed Amendment to Charter: Four-Year Terms.
(a) Text of Proposed Amendment. The City Commission, pursuant to section
166.031, Florida Statutes, hereby proposes an amendment to the Charter as set forth in
Exhibit "E-1", which is attached hereto and incorporated herein by reference.
(b) Ballot Title and Question. The ballot title and wording of ballot question 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 "E-2", which is attached hereto
and incorporated herein by reference.
(c) Effective Date of Proposed Amendment. The proposed amendment set for in
subsection (a), above, shall take effect on June 1, 2018, 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, 2018.
Section 7. Proposed Amendment to Charter: Charter Amendments.
(a) Text of Proposed Amendment. The City Commission, pursuant to section
166.031, Florida Statutes, hereby proposes an amendment to the Charter as set forth in
Exhibit "F-1", which is attached hereto and incorporated herein by reference.
(b) Ballot Title and Question. The ballot title and wording of ballot question 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 "F-2", which is attached hereto
and incorporated herein by reference.
(c) Effective Date of Proposed Amendment. The proposed amendment set for in
subsection (a), above, shall take effect on June 1, 2018, 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, 2018.
Section 8. Proposed Amendment to Charter: Districting Commission.
(a) Text of Proposed Amendment. The City Commission, pursuant to section
166.031, Florida Statutes, hereby proposes an amendment to the Charter as set forth in
Exhibit "G-1", which is attached hereto and incorporated herein by reference.
(b) Ballot Title and Question. The ballot title and wording of ballot question 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 "G-2", which is attached hereto
and incorporated herein by reference.
(c) Effective Date of Proposed Amendment. The proposed amendment set for in
subsection (a), above, shall take effect on June 1, 2018, 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, 2018.
Section 9. Proposed Amendment to Charter: Membership of Districting
Commission and Charter Review Commission.
(a) Text of Proposed Amendment. The City Commission, pursuant to section
166.031, Florida Statutes, hereby proposes an amendment to the Charter as set forth in
Exhibit "H-1", which is attached hereto and incorporated herein by reference.
(b) Ballot Title and Question. The ballot title and wording of ballot question 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 "H-2", which is attached hereto
and incorporated herein by reference.
(c) Effective Date of Proposed Amendment. The proposed amendment set for in
subsection (a), above, shall take effect on June 1, 2018, 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, 2018.
Section 10. Submission to the Electorate. The proposed amendments to the
Charter, as contained in Section 2 through 9, inclusive, 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 on March 13, 2018. 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 11. Authorization for Further Acts. The City Manager and the City
Attorney of the City of Ocoee are authorized and directed:
(a) 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; and
(b) 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 on March 13, 2018.
Section 12. 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 13. Conflicting Ordinances. All ordinances and Charter
provisions or parts of ordinances and Charter provisions in conflict with any
amendment to the Charter as set forth in this Ordinance is 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 to be
held in March, 2018.
Section 14. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED on his day of , 2017.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED , 20_
TRANSMITTAL HEARING ,
2017, UNDER AGENDA ITEM
NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this day of , 2017.
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
EXHIBIT "A-1"
(a) Text of Proposed Amendment. Section C-18 of Article Ill of the Charter of the City
Of Ocoee is amended to read as follows:
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, - - - - - - • - - - - - - • - - - - -- - • --
- - - - - • - - - • - - ' - - • - --- - - - - - - -- . If the
state makes such an audit, the City Commission may accept it as satisfying the
requirements of this section.
EXHIBIT "A-2"
(b) Ballot Title and Question.
Ballot Title and Question #1
UPDATING INDEPENDENT AUDIT LANGUAGE TO REMOVE TIME PERIOD FOR
DESIGNATING INDEPENDENT AUDITOR
Amend Charter to remove requirement that an independent auditor be appointed within
30 days of the beginning of a fiscal year to allow the City Commission additional time to
designate independent auditor.
Shall the above-described amendment be adopted?
YES
NO
EXHIBIT "B-1"
(a) Text of Proposed Amendment. Section C-11 of Article III of the Charter of the City
Of Ocoee is amended to read as follows:
C-11. - Eligibility.
Only qualified electors of the city shall be eligible to qualify for and to hold the offices of
Mayor and Commissioner. Each candidate for the office of Mayor shall, at the time of
qualifying as a candidate for such office, be a bona fide resident of the city. The Mayor
shall, during the entire term of office, be a bona fide resident of the city. Each candidate
for the office of Commissioner shall, at the time of qualifying as a candidate for such
office, be a bona fide resident of the single-member district which such candidate seeks
to represent. Each Commissioner shall, during the entire term of office, be a bona fide
resident of the single-member district which such Commissioner represents. Effective
with each first full term commencing following January 1, 2022, the Mayor or a
commissioner who has held the same district office for two full terms is prohibited from
appearing on the ballot for election to that office.
EXHIBIT "B-2"
(b) Ballot Title and Question.
Ballot Title and Question #2
ESTABLISHING TERM LIMITS FOR MAYOR AND COMMISSIONERS AT TWO (2) FULL
TERMS
Amend Charter to limit Mayor and commissioners service in office to two (2) full terms in
the office.
Shall the above-described amendment be adopted?
YES
NO
EXHIBIT "C-1"
(a) Text of Proposed Amendment. Section C-17 of Article III of the Charter of the City
Of Ocoee is amended to read as follows:
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
Section 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 until the successor is elected, unless a special
- -_ '- • ' - -. e • - _ _ : •• ••' '- • - - - - -- - . If a vacancy occurs in the office of
Mayor, the Mayor pro tern shall serve as an interim Mayor until the successor is elected.
The City Commission shall appoint an interim a Commissioner to fill the vacancy
created by the Mayor pro tern serving as Mayor; such interim Commissioner shall serve
until such time as a Mayor is elected. The Mayor pro tern shall resume representation of
his single-member district for the remainder of the term. 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 twelve (12) six (6) months of the vacancy. If a general city election
will not be held within twelve (12) six (6) months, the successor shall be elected at a
special election which shall be called by the City Commission within ninety (90) 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 ninety (90) days of appointment.
EXHIBIT "C-2"
(b) Ballot Title and Question.
Ballot Title and Question #3
ALLOWING 12 MONTHS FOR MAYOR OR COMMISSIONER TO BE ELECTED IN
EVENT OF VACANCY
Amend Charter to allow Mayor pro tern to serve up to 12 months in event of vacancy in
office of the Mayor, allowing 12 months for a Mayor or commissioner to be elected in
the event of a vacancy, and clarifying that Mayor pro tern will return to district
representation upon election of the Mayor for the remainder of his/her term.
Shall the above-described amendment be adopted?
YES
NO
EXHIBIT "D-1"
(a) Text of Proposed Amendment. Section C-21 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. Within
one (1) year of commencement of employment, the TeCity Manager shall become a
resident of may rest outside the city and shall remain a resident of the City while
employed as City Manager . _ - _ • - - _ _ _ - _ -- _ _ _ • ••• _ . 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 § C-22.
Further, any such agreement may provide for circumstances under which the City
Manager may be temporarily suspended with or without pay. The residency requirement
stated in this Section shall apply to any City Manager initially appointed after the date of
approval of this provision by the voters of the City.
EXHIBIT "D-2"
(b) Ballot Title and Question.
Ballot Title and Question #4
REVISING LANGUAGE TO REQUIRE FUTURE CITY MANAGERS TO RESIDE IN
THE CITY
Amend Charter to require City Manager to become a City resident within one year of
commencement of employment with no waiver of this provision; providing for
inapplicability to current City Manager.
Shall the above-described amendment be adopted?
YES
NO
EXHIBIT "E-1"
(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.
A. Beginning in March 20212000, regular municipal elections shall be held annually on
the second Tuesday in March of each odd-numbered year. The terms of office of the
Mayor and City Commissioners shall be as follows:
(1) The Mayor shall be elected for a four three-year term at a regular municipal election
to be held in March 20192001 and shall thereafter be elected for a four three-year term
at a regular municipal election to be held every four (4) three (3) years thereafter.
(2) Two (2) City Commissioners shall be elected for four three-year terms at a regular
municipal election to be held in March 20212000 and shall thereafter be elected for four
three-year terms at a regular municipal election to be held every four (4) 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 four three-year terms at a regular
municipal election to be held in March 20192001 and shall thereafter be elected for four
three-year terms at a regular municipal election to be held every four (4) 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 section C-50 of this charter artiste. The incumbent Mayor and City
Commissioners in office on the date of approval of this provision by the voters of the
City 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.
EXHIBIT "E-2"
(b) Ballot Title and Question.
Ballot title and Question 5
ESTABLISHING FOUR YEAR TERMS FOR MAYOR AND CITY COMMISSIONERS
Amend Charter to change Mayor and City Commissioners' terms from three (3) year
terms to four (4) year terms.
Shall the above-described amendment be adopted?
YES
NO
EXHIBIT "F-1"
(a) Text of Proposed Amendment. Section C-61 of Article x of the Charter of the City
Of Ocoee is amended to read as follows:
C-61. - Powers and duties.
The Charter Review Commission shall be empowered to conduct a comprehensive
study of any or all phases of city government. If changes are recommended, the A
Charter Review Commission magi, during its term, shall transmit its proposed report with
Charter amendments in ordinance form to the City Commission for comment. The City
Commission shall, within 45 days of receipt, review the report. If the City Commission
has comments or recommendations, the City Commission will return its comments or
recommendations, if any, to the Charter Review Commission within the same 45 day
period. The Charter Review Commission shall consider the comments or
recommendations of the City Commission and then shall make its own final report to the
City Commission, in ordinance form, which shall be adopted verbatim by the City
Commission and which shall be placed = - -- - - - - -- - • - • - • .. 'e - -the Charter on the ballot at the nextgeneral-municipal electioncicctions only. The final
report and ordinance must be adopted by the City Commission,
proposed changes has been delivered to the City Clerk at least ninety (90) days prior to
the election, or as otherwise may be required by law. Such amendments or revisions do
-- .' - - - - - - _ _ _ - - - _ . -• •_ . In the same election, the City
Commission may sponsor its own proposal for inclusion on the ballot. In the event of
any conflict among proposals, that proposal receiving the greatest number of affirmative
votes shall prevail to the extent of such conflict.
EXHIBIT "F-2"
(b) Ballot Title and Question.
Ballot Title and Question #6
REVISING POWERS OF CHARTER REVIEW COMMISSION TO REQUIRE CITY
COMMISSION REVIEW AND ADOPT ORDINANCE
Amend Charter to require the Charter Review Commission to submit ballot questions to
City Commission for review and approval; allowing City Commission to suggest
revisions to the language recommended by the Charter Review Commission prior to
adoption.
Shall the above-described amendment be adopted?
YES
NO
EXHIBIT "G-1"
(a) Text of Proposed Amendment. Section C-66 of Article XI of the Charter of the City
Of Ocoee is amended to read as follows:
C-66. - Establishment of Districting Commission; alternate members; absences.
A. (1) Appointment of members. The City Commission shall establish a Districting
Commission after April 1, 2021 or within three (3) months of receipt of the 2020 census
data, whichever is earlier, November 15, 1991, but no later than December 15, 1991,
and every ten (10) five (5) years thereafter {i.e., 1996, 2001, etc.) a new Districting
Commission shall be appointed by the City Commission within three (3) months of
receipt of the relevant census data.after November 15 but no later than December 15 of
that year. A Districting Commission may also be appointed by the City Commission at
such other times as deemed necessary by the City Commission. The Districting
Commission shall consist of five (5) members and a first and second alternate member
who shall be appointed by majority vote of the City Commission and who shall serve on
such commission for terms of one (1) year, unless such terms are extended by the City
Commission.
(2) Alternate members shall serve as a regular member of the Districting Commission;
provided, however, an alternate member may not vote on a matter unless a member is
absent. If a member is absent, the first alternate may vote on a matter in the place of
the absent member. If a second member is absent, the second alternate may vote on a
matter in the place of the second absent matter.
(3) Absence by any member, including the alternates, from three (3) meetings of the
Districting Commission shall result in automatic removal of the absent member and
vacation of the seat of the absent member, whether such member's absence is excused
or unexcused.
B. Removal; vacancies.
(1) Removal. Any member of the Districting Commission may be removed by the City
Commission 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 must state the reasons for removal. A copy of the
resolution shall be promptly delivered to the member of the Districting Commission
sought to be removed.
(b) Within five (5) days after a copy of the resolution is delivered to the member sought
to be removed, such member may file with the City Commission a written reply and/or a
written request for a public hearing. This hearing shall be held at a 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 of removal, which may be made effective immediately. Such
resolution, if adopted, must be adopted no earlier than six (6) days and no later than
thirty (30) days from the date a copy of the preliminary resolution was delivered to the
member sought to be removed, if such member has not requested a public hearing. If
such member has requested a hearing, such resolution, if adopted, must be adopted
within forty-five (45) days from the date of the hearing.
(2) Vacancies. In the event of a vacancy on the Districting Commission, the first
alternate will assume the vacant seat. In the event of a second vacancy on the
Districting Commission, the second alternate will assume the vacant seat. If any
vacancy occurs in the Districting Commission and no alternate member is available to
assume the vacant seat, a qualified individual shall be appointed by the City
Commission to serve in place of the member who created the vacancy. Such vacancy
shall be filled within thirty (30) days after the vacancy occurs.
C. Powers and duties.
(1) The Districting Commission shall serve as an advisory body to the City Commission
with respect to the redistricting of the establishment Bial geographic boundaries of
the four (4) single-member districts of the City of Ocoee. Each new Districting
(2) Upon its initial appointment in 20211991, the Districting Commission shall review the
most current, official census data, together with all other data relevant to the adjustment
establishment of initial-geographic boundaries of the four (4) single-member districts;
(3) -e.- . . . . . .. . . . . . . 9' - - e •• ••• - "=, - - - - - --
thereafter, the Districting Commission shall review the geographic boundaries of the
• • _ _ - - . _ _ - - _ _ • - -_ '_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . The Districting
Commission shall prepare a report to the City Commission containing
recommendations, if any, for the adjustment of district boundaries.
(4) All recommendations concerning the geographic boundaries of single-member
districts shall be prepared in compliance with the legal standards relating to redistricting
including but limited to the following criteria:
(a) Each district shall be formed of compact, contiguous territory and shall be as
rectangular as possible. To the extent possible, the boundary lines of each district shall
follow the center lines of streets.
(b) The districts shall be based upon the principle of equal and effective representation
as required by the United States Constitution.
(c) The boundaries of each district shall, to the extent possible, be aligned with the
boundaries of the county precincts within the city and with the boundaries of the city.
(d) All reports containing recommendations shall include a map that sets forth the
proposed boundaries of each district.
D. Recommendations to the City Commission. All reports of the Districting Commission
shall be available to the public and submitted to the City Commission in accordance
with such reasonable deadlines as may be established by the City Commission or as
may otherwise be required by law. Within two (2) months of the receipt of any such
reports, the City Commission shall accept or reject the recommendations contained
therein, or the City Commission may send such reports back to the Districting
Commission for further study and consideration. The establishment of the initial
geographic boundaries of the four (1) single member districts and any subsequent
redistricting of the geographic such boundaries of the four (4), single-member districts
shall be done by ordinance by the City Commission; provided, however, that the City
Commission shall not establish or redistrict such boundaries until after receipt of a
report from the Districting Commission containing recommendations relating thereto,
unless the Districting Commission fails to deliver its report by the deadline established
by the City Commission.
E. Officers. The Districting Commission shall create and elect appropriate officers as it
deems necessary for the orderly conduct of its specific duties.
F. Support. It shall be the responsibility of the Planning Department, or such other
department as may be designated by the City Manager, to provide technical data and
assistance to the Districting Commission. City staff shall also be available to assist the
Districting Commission as needed.
G. Expenses. The City Commission shall appropriate funds to defray reasonable
expenses of the Districting Commission.
EXHIBIT "G-2"
(b) Ballot Title and Question.
Ballot Title and Question #7
UPDATING DISTRICTING COMMISSION TO CONVENE EVERY 10 YEARS,
ALLOWING ALTERNATES, REQUIRING REMOVAL AFTER THREE ABSENCES
Amend Charter to remove requirement that Districting Commission meet every 5 years
to adjust City Commission districts and instead require Districting Commission to meet
every 10 years; requiring City Commission to appoint two alternate members; providing
if member misses three meetings, member is automatically removed from Districting
Commission and replaced with an alternate.
Shall the above-described amendment be adopted?
YES
NO
EXHIBIT "H-1"
(a) Text of Proposed Amendment. Section C-59 of Article X and Section C-66 of Article
XI of the Charter of the City Of Ocoee is amended to read as follows:
C-59. - Appointment of members; alternate members; absences.
(1) A Charter Review Commission shall be appointed by the City Commission no later
than December 15 in the year 1999 and no later than December 15 every ten (10) years
thereafter. A Charter Review Commission may also be appointed by the City
Commission at such times as deemed necessary by the City Commission. The Charter
Review Commission shall consist of five (5) members who shall be appointed by a
majority vote of the City Commission and who shall serve on such Commission for
terms of one (1) year unless such terms are extended by the City Commission. The
Mayor shall also appoint a first and second two-(2) alternate member ers, subject
to the approval of the City Commission, who may fill in for any member absent from a
Charter Review Commission meeting.
(2) Alternate members shall serve as a regular member of the Charter Review
Commission; provided, however, an alternate member may not vote on a matter unless
a member is absent. If a member is absent, the first alternate may vote on a matter in
the place of the absent member. If a second member is absent, the second alternate
may vote on a matter in the place of the second absent matter.
(3) Absence by any member, including the alternates, from three (3) meetings of the
Charter Review Commission shall result in automatic removal of the absent member
and vacation of the seat of the absent member, whether such member's absence is
excused or unexcused.
§ C-60. - Removal; vacancies.
A. Removal. Any member of the Charter Review Commission may be removed by the
City Commission in accordance with the following procedures:
(1) The City Commission shall adopt by affirmative vote of a majority of all its members
a preliminary resolution which must state the reasons for removal. A copy of the
resolution shall be promptly delivered to the member of the Charter Review Commission
sought to be removed.
(2) Within five (5) days after a copy of the resolution is delivered to the member sought
to be removed, such member may file with the City Commission a written reply and/or a
written request for a public hearing. This hearing shall be held at a City Commission
meeting no earlier than fifteen (15) days and no later than thirty (30) days after the
request is filed.
(3) The City Commission may adopt by affirmative vote of a majority of all its members
a final resolution of removal, which may be made effective immediately. Such
resolution, if adopted, must be adopted no earlier than six (6) days and no later than
thirty (30) days from the date a copy of the preliminary resolution was delivered to the
member sought to be removed, if such member has not requested a public hearing. If
such member has requested a hearing, such resolution, if adopted, must be adopted
within forty-five (45) days from the date of the hearing.
B. Vacancies. In the event of a vacancy on the Charter Review Commission, the first
alternate will assume the vacant seat. In the event of a second vacancy on the Charter
Review Commission, the second alternate will assume the vacant seat. If any vacancy
occurs in the Charter Review Commission and no alternate member is available to
assume the vacant seat, a qualified individual shall be appointed by the City
Commission to serve in place of the member who created the vacancy. Such vacancy
shall be filled within thirty (30) days after the vacancy occurs.
C-66. - Establishment of Districting Commission; alternate members; absences.
A. (1) Appointment of members. The City Commission shall establish a Districting
Commission after November 15, 1991, but no later than December 15, 1991, and every
five (5) years thereafter (i.e., 1996, 2001, etc.) a new Districting Commission shall be
appointed by the City Commission_after November 15 but no later than December 15 of
that year. A Districting Commission may also be appointed by the City Commission at
such other times as deemed necessary by the City Commission. The Districting
Commission shall consist of five (5) members and a first and second alternate member
who shall be appointed by majority vote of the City Commission and who shall serve on
such commission for terms of one (1) year, unless such terms are extended by the City
Commission.
(2) Alternate members shall serve as a regular member of the Districting Commission;
provided, however, an alternate member may not vote on a matter unless a member is
absent. If a member is absent, the first alternate may vote on a matter in the place of
the absent member. If a second member is absent, the second alternate may vote on a
matter in the place of the second absent matter.
ill Absence by any member, including the alternates, from three (3) meetings of the
Districting Commission shall result in automatic removal of the absent member and
vacation of the seat of the absent member, whether such member's absence is excused
or unexcused.
B. Removal; vacancies.
(1) Removal. Any member of the Districting Commission may be removed by the City
Commission 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 must state the reasons for removal. A copy of the
resolution shall be promptly delivered to the member of the Districting Commission
sought to be removed.
(b) Within five (5) days after a copy of the resolution is delivered to the member sought
to be removed, such member may file with the City Commission a written reply and/or a
written request for a public hearing. This hearing shall be held at a 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 of removal, which may be made effective immediately. Such
resolution, if adopted, must be adopted no earlier than six (6) days and no later than
thirty (30) days from the date a copy of the preliminary resolution was delivered to the
member sought to be removed, if such member has not requested a public hearing. If
such member has requested a hearing, such resolution, if adopted, must be adopted
within forty-five (45) days from the date of the hearing.
(2) Vacancies. In the event of a vacancy on the Districting Commission, the first
alternate will assume the vacant seat. In the event of a second vacancy on the
Districting Commission, the second alternate will assume the vacant seat. If any
vacancy occurs in the Districting Commission and no alternate member is available to
assume the vacant seat, a qualified individual shall be appointed by the City
Commission to serve in place of the member who created the vacancy. Such vacancy
shall be filled within thirty (30) days after the vacancy occurs.
EXHIBIT "H-2"
(b) Ballot Title and Question.
Ballot Title and Question #8
UPDATING DISTRICTING AND CHARTER REVIEW COMMISSIONS TO ESTABLISH
ALTERNATE MEMBERS, REQUIRING REMOVAL AFTER THREE ABSENCES
Amend Charter to require City Commission to appoint alternate one and alternate two
as members of Districting Commission and Charter Review Commission; allowing
alternates to participate in process but only vote if a member is absent; providing if
member misses three meetings, member is automatically removed from Commission
and replaced with an alternate.
Shall the above-described amendment be adopted?
YES
NO