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HomeMy WebLinkAbout02-09-2021 CR AgendaINDIVIDUALS ARE SUBJECT TO MEDICAL SCREENING PRIOR TO ENTERING ANY CITY BUILDING AND ENTRY MAY BE DENIED IF ANY INDICATOR OF ILLNESS OR PRIOR COVID-19 EXPOSURE IS IDENTIFIED. MOF SEBAS-T,V HOME OF PELICAN ISLAND CHARTER REVIEW COMMITTEE AGENDA TUESDAY, FEBRUARY 9, 2021 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES pgs 3 - 12 I. January 19, 2021 Meeting 5. OLD BUSINESS i. Review and Discuss Article II. City Council (Public input will be invited after the introduction of each Article) pgs 13 - 23 Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies. (Ms. Drumheller's findings, Ms. Matthews' suggestions, Staff recommendations) pgs 24 - 26 Sec. 2.12. Procedure. (Ms. Matthews' suggestions, Staff recommendations,) 6. NEW BUSINESS L Review and Discuss Article III. Administration and Legal Departments (Public input will be invited after the introduction of each Article) Sec.3.01 Creation. Sec. 3.02. Appointment of Charter Officers. pg 27 Sec. 3.03 Removal of Charter Officers. (Staff recommendations) Sec. 3.04. City Manager; powers and duties. Sec. 3.05. City Clerk Sec. 3.06. Police Chief 1 of 35 iL Review and Discuss Article IV. Elections (Public input will be invited after the introduction of each Article) Sec. 4.01. Adoption of state election laws. pgs 28 - 29 Sec. 4.02. Filing of candidate's oath; fee. (Supervisor Swan's request) Sec. 4.04. Special election for other purposes. Sec. 4.08. City canvassing board; canvass of election returns. Sec.4.09. Same -Ballots. pgs 30 - 32 Sec. 4.12. Election procedures; tie vote. (Staff recommendation) pg 33 Sec. 4.14. Interim government. (Staff recommendations) 7. STAFF MATTERS 8. COMMITTEE MEMBER MATTERS 9. ITEMS FOR NEXT AGENDA pgs 34 - 35 i. Next Meeting Date 10. ADJOURN NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE COMMITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, THEY WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) 1N COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S SEATING ADA COORDINATOR AT 388-8226 --- ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS 1N ADVANCE OF THIS MEETING. HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. 2 of 35 CITY OF SEBASTIAN CHARTER REVIEW COMMITTEE MINUTES TUESDAY, JANUARY 19, 2021 - 6:00 P.M. CITY COUNCIL nD CHAMBERS A 1225 MAINSTREET, SEBASTIAN, FLORIDA Call to Order — Chair Mitchell called the Charter Review Committee meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited by all. 3. ROLL CALL Present: Beth Mitchell — Chair Louise Kautenburg — Vice Chair Grace Reed Michael Goodfellow (Zoom) Sherrie Matthews Larry Napier Karen Jordan Sharon Herman Patti Sullivan Dave Newhart Amber Cerda John Christino Vicki Drumheller Absent: Linda Kinchen (excused) Also Present: Paul Carlisle, City Manager Manny Anon, Jr., City Attorney Jeanette Williams, City Clerk Facilitator, Cathy Testa 4. APPROVAL OF MINUTES I. December 15, 2020 Organizational Meeting MOTION by Mr. Napier and SECOND by Ms. Cerda to approve the December 15, 2020 Organizational Minutes passed with a unanimous voice vote. 14-0 5. REVIEW PUBLIC INPUT RULES Chair Mitchell conveyed that she would like to keep the meetings informal. She asked that the members consider the items tonight but not to definitively make up their minds on the item because they will come back to the items further in their schedule. She noted Ms. Testa would put on the items on the overhead screen to keep a running list of what they would like to return to. She asked if they would like to shorten the public input speaking time from five minutes to three. It was the consensus of the Committee to keep the speaking time to five minutes. 6. NEW BUSINESS 1. REVIEW AND DISCUSS ARTICLE I Chair Mitchell called for public input on Article I. There was none. Sec. 1.02. Extraterritorial powers. Chair Mitchell asked if there were any circumstances where paragraph (6) might apply 3 of 35 CHARTER REVIEW COMMITTEE PAGE 2 MINUTES OF THE JANUARY 19, 2021 MEETING (6) Stock. To provide for inspecting and regulating the sanitary condition of all butcher pens, meat markets, or other places within and without the city limits, where the products of same are sold within the city limits, and to provide penalties for the violation of such regulations. The City Manager explained there could be slaughter houses in the industrial use locations; the City doesn't have any agricultural zoning but that could come to play in the future if a property is annexed in. He said the Florida Department of Agriculture and Consumer Services would give the City the authority to regulate the humane slaughter of animals and the disposal of remains. Ms. Kautenburg and Mr. Hoffman requested to add Wi-Fi to paragraph (4): (4) Public utilities. To furnish any and all local public services, including electricity, gas, water, lights, or transportation, and to charge and collect necessary fees or charges therefor; to purchase, hire, construct, own, extend, maintain, operate or lease any public utilities, electric light system, telephone and telegraph system, waterworks and plants, ice plants, and works, gas plants and distribution systems, bus or transit systems, radio broadcasting stations, television stations, cablevision rebroadcasting systems, telephone systems, or other public utility; to establish, impose and enforce rates and charges for supplying such services or conveniences by the city to any person, persons, firm or corporation; to furnish any and all local public services to persons, firms, industries, or municipal corporations residing or located outside of the limits of said city. To acquire in any lawful manner in the State of Florida such water, lands and lands under water as the city council may deem necessary for the purpose of providing an adequate water supply for said city and the piping and conducting of the same, to make reasonable rules and regulations for promoting the purity of its said water supply and protecting the same from pollution and for this purpose to exercise full police powers over all lands comprised within the limits of the water shed tributary to any such supply wherever such lands may be located in the State of Florida. The City Manager suggested adding: (4) Public utilities. To furnish any and all local public services, including; but not limited to communications, electricity, gas, water, lights, or transportation, and to charge and collect. It was the consensus to add this to the Review List. Mr. Hoffman asked if nuisances included public and private in paragraph (5): (5) Abatement of nuisances. To compel the abatement and removal of all nuisances within the city or upon the property owned by the city beyond its corporate limits, at the expense of the person or persons causing the same, or of the owner or occupant of the grounds or premises whereon the same may be. The City Attorney stated not knowing the history of the section; he deemed it included all nuisances. Mr. Hoffman asked if drones should be added to paragraph (7): (7) Airports. To purchase, acquire, take hold, establish, construct, equip, maintain and operate municipal airports, landing fields, hangars, aviation terminals and administration buildings, runways depots, warehouses, garages, repair shops, oil and fuel tanks or 4 of 35 CHARTER REVIEW COMMITTEE MINUTES OF THE JANUARY 19, 2021 MEETING PAGE 3 stations, or other necessary appurtenances for the use of airplanes and other aircraft, and to acquire or lease any and all real property within the corporate limits, or within ten (10) ayF ED'e �ti. miles of the boundaries thereof for such purpose; to set apart and use for such purpose any real property owned or leased by the city, whether or not originally acquired by condemnation, purchase or lease for another purpose; to adopt and enforce reasonable rules and regulations governing the use of such municipal airports; to employ airport directors, airport managers, employees or agents in connection with such operation; to impose fees or charges in connection with the use of such airport or airport facilities; to sell gasoline or other supplies necessary in connection with the operation of such airports; to provide lounges, eating places, refreshment parlors and other facilities in connection with such municipal airports; to let or lease to private persons or corporations portions of said airports for building sites, hangar space, concessions or other uses for a term not to exceed thirty (30) years; to prescribe and promulgate reasonable rules and regulations for the operation of such airports, and to exercise supervision and control of such operation; to accept and receive grants from the state and federal governments and any body politic for the construction, maintenance, operation and management of such airport facilities. Chair Mitchell suggested that could be regulated by ordinance. Sec. 1.03. Intergovernmental relations. — No recommended changes. Sec. 1.04. Boundaries. — No recommended changes. Sec. 1.05. Existing businesses may continue after annexation. — No recommended changes. ii. REVIEW AND DISCUSS ARTICLE II Chair Mitchell called for public input on Article II. There was none. Sec.2.01. Composition. Ms. Kautenburg asked if council composition should be changed to have seven council members given this past year has shown that it is easy to overwhelm five council members; and having additional council members would represent the increase in population that has happened since the Charter was originally drafted. Sec. 2.01. - Composition. There shall be a city council consisting of five (5) council members elected by the qualified voters of the city at large. Ms. Sullivan stated she would like to see more substantive reasoning because the past year did rectify itself. Mr. Napier stated the number of council members is not predicated on population; the members run at -large so the entire population is represented. Mr. Newhart stated five is adequate; there are still five county commissioners representing the entire growth experienced by the county. He noted finding a super majority or unanimous vote of seven would create tension and dissention. Mr. Christino said he agreed; seven members would create longer meetings. 5 of 35 CHARTER REVIEW COMMITTEE PAGE 4 MINUTES OF THE JANUARY 19, 2021 MEETING There was not a consensus to increase the number of council members. Sec.2.02. Eligibility. A?4 Mr. Hoffman asked what is a "qualified elector:" Sec. 2.02. - Eligibility. No person shall be eligible to hold the office of council member unless he or she is a qualified elector in the city and actually continually resided in the city for a period of one (1) year immediately preceding the final date for qualification as a candidate for said office. The City Clerk stated "qualified elector" is not defined in Florida Statute but to run for office in Sebastian, candidates must sign a statement that they have lived in Sebastian for one year prior to the close of qualifying; they do not hold another office; and they should have their Civil Right to vote. Ms. Herman asked if there was anything that makes a candidate ineligible as far as felony convictions, misdemeanor convictions related to fraud, theft, tax evasion, embezzlement —things that would have an effect on their judgement; and is there any way to make a candidate ineligible if they have previously removed from office. She asked if City requirements can be stricter than the state. The City Attorney advised that the City couldn't really do anything for a misdemeanor, but in regard to felony convictions, individuals should have their Civil Rights restored by either going before the clemency board or pardoned by the Governor. He also advised that a member removed by recall cannot run for the office again for two year in accordance with F.S.100.361. Ms. Reed asked if an individual was charged and adjudication was withheld, is that still considered guilty or not guilty because to her that individual still violated the public trust and that person shouldn't be eligible to make decisions for the City. The City Attorney advised if adjudication is withheld or someone pleads nolo contendere it is not a conviction. The City Manager said for the purposes of removing someone, nolo contendere is considered guilty for removal but he didn't think it could be a condition for "running for office." Mr. Newhart noted when someone applies for a job, people are asked if they have a conviction and a government official should be held to a higher standard. He said if someone had a felony conviction, he would not want them to hold office. He would like to see this tightened up. Ms. Drumheller said she would like to see qualified electors have all their obligations paid in full; and as a registered nurse, she must fill out an Affidavit of Good Moral Character that has multiple charges that would take someone out of the running for a position of authority or trust. She said to define what a qualified elector is probably more important than changing the sentence. Ms. Sullivan agreed but cautioned there needs to be a clear definitive line so you don't prevent someone from qualifying just because you don't like them. She also suggested they consider the state and federal Constitution when determining the line. 6 of 35 CHARTER REVIEW COMMITTEE MINUTES OF THE JANUARY 19, 2021 MEETING PAGE 5 Mr. Hoffman asked if the qualifications could be done through an ordinance. The City Attorney said they could. Ms. Herman said she would like to see ineligibility as well. Mr. Christino suggested a background check be conducted. Mr. Napier said a qualified elector is someone who is eligible to vote in a jurisdiction. Ms. Reed said in many cases, city council is the final decision maker of work completed by the City's boards and committees. She suggested that candidates serve on at least one term on a board or committee where they would gain prior experience and identify their where they would like the City to go. Mr. Newhart said these qualification ideas could be placed in an ordinance or resolution, Ms. Drumheller asked that this be added to the Review List; if the qualified elector only has to be a resident for a year, she would like to see a FDLE background check is completed as many professions have to do this regularly. Mr. Christino said in the end, after the candidate's forum and interviews, the public has an ample opportunity to look at candidates; it should be left up to the voters as to what they want to see in a council member. Ms. Kautenburg said background checks can be detailed or minimal so a standard should be identified. Ms. Sullivan commented they should be clear what line they want to go up to; maybe see what other cities do. Ms. Matthews said the definition of a qualified elector is someone who has the right to vote. It was consensus of the committee to leave this section as it is. Sec.2.03. Election. Mr. Napier asked the committee to consider changing the terms to four years so there isn't an election every year: (a) [T]here shall be held a general election of two (2) council members on the first Tuesday following the first Monday in November of each even -numbered year and of three (3) council members in each odd -numbered year. (b)The city elections shall have at large voting. Ms. Drumheller said she wasn't adverse, if there were term limitations. Mr. Christino noted a four year term would have the electorate wait a year to recall a council member. Ms. Kautenburg said historically this doesn't have a chance and she noted there are term limitations which happen every single year. Ms. Cerda said this past year was hard; she didn't want to rearrange the Charter because of what happened last year. 7 of 35 CHARTER REVIEW COMMITTEE PAGE 6 MINUTES OF THE JANUARY 19, 2021 MEETING Ms. Sullivan said she believed the citizens will stay engaged with two year terms. Ms. Reed stated that since qualifications can be required by ordinance, she suggested the Committee Members may want to speak to their council members to see what they would like. It was the consensus of the committee to leave this section as it is. Sec. 2.04. Term commencement. — No recommended changes. . m ensation. — No recommended changes. Sec.2.05. Co es. p g Sec. 2.06. Mayor; vice mayor. (a) Mayor —Selection and term. jA]fter the seating of any newly elected council members at the city council meeting held pursuant to Section 2.04 the new city council shall, as the first order of business, elect a mayor from among its members. The incumbent mayor or in his or her absence, the vice -mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor. After all nominations have been made, the nominations shall be closed. The city clerk shall then call the roll of the council members and each council member shall cast an affirmative vote for the council member of their choice. The council member that receives a majority vote shall be elected mayor. in the event no council member receives a majority of the votes cast on the first ballot, balloting with sequential roll calls shall continue until a council member receives a majority vote. Council members shall not nominate themselves. Only elected council members shall be eligible for the office of mayor.(1)lf there is no mayor seated on the new or existing city council, a temporary city council chairperson may be elected from the incumbent members of the city council for the purpose of electing a mayor as set forth above. (2) In the event there is only one nomination and second for mayor, the nominee shall be seated as mayor. (b) Mayor —Duties, general. The mayor shall preside at each meeting of the city council, shall have a vote upon matters before the city council, but shall not possess a veto power. The mayor shall have the power to preserve the peace and order, be recognized as the head of the city government for al/ ceremonial purposes, and shall be recognized by the governor as the head of the city government for purposes of military law. The mayor shall sign all ordinances, resolutions and proclamations of the city council or other documents as required by law on behalf of the city as directed and authorized by the city council, which shall also be attested by the city clerk. (c) Vice -mayor —Selection and term. Immediately subsequent to the selection of a mayor, the city council shall elect a vice -mayor from among its members. The term of the vice -mayor shall be for one year or until his or her successor is elected. The vice -mayor shall be elected using the same procedure as for the election of mayor. (d) Vice -mayor —Duties, general. In the absence or disability of the mayor, the vice -mayor shall serve as mayor during such absence or disability. In the absence or disability of both the mayor and vice -mayor, the senior member of city council shall serve as mayor during such absence or disability. (e) Vacancies. In the event the office of mayor shall become vacant during the course of a term, the vice -mayor shall succeed to the office of mayor. In the event the office of vice -mayor shall become vacant during the course of a term, a new vice -mayor shall be chosen as the first order of business at the next council meeting. Ms. Reed stated there is no written indication that the mayor's term will be for one year and asked if this should be written out just like the vice mayor's term is. 8 of 35 CHARTER REVIEW COMMITTEE MINUTES OF THE JANUARY 19, 2021 MEETING PAGE 7 Mr. Hoffman cited, "(b) Mayor —Duties, ... The mayor shall ... be recognized as the head of the city government for purposes of military law.... " which has seems to have created issues about who has authority when the City is in an emergency. He asked if they should add reference. Chair Mitchell stated that was one of staff's recommendations (see underlined): (b) Mayor —Duties, general. The mayor shall preside at each meeting of the city council, shall have a vote upon matters before the city council, but shall not possess a veto power. The mayor shall have the power to declare a state of local emergency. preserve the peace and order, be recognized as the head of the city government for all ceremonial purposes, and shall be recognized by the governor as the head of the city government for purposes of military law. The mayor shall sign all ordinances, The City Attorney stated the mayor does have the authority to declare a state of emergency under: Code Sec. 2-37. - Public emergencies; mayor to declare states of emergency. Duties of mayor, city manager, city council during emergencies: (1) In accordance with Section 2.06(b) of the Charter of the City of Sebastian and Chapter 870.043 Florida Statutes, the mayor may in times of public emergency, or imminent threat thereof, declare a state of emergency within the boundaries of the city or in any portion thereof and invoke the provisions of F.S. §§ 870-041-870.047, inclusive, as the same may be renumbered or amended from time to time. The city council may terminate a state of emergency at any time. (2) a. The city manager shall be responsible for the overall emergency management function of the city, shall prepare and maintain the city's emergency management plan, shall coordinate with Indian River County and shall keep the mayor and the city council advised of any action. b. The city manager shall utilize any available means to give the public notice of the declaration of a state of emergency and the specific requirements therein. c. The city manager may issue such orders as are immediately necessary for the protection of life and property, provided, however, that any such orders shall at the earliest practicable time, be presented to the city council for ratification, confirmation, amendment or termination. (3) If, due to a disaster or emergency, it becomes impossible for the city council to meet at City Hall, the council may meet upon the call of the mayor or any city councilmember at any other place within the city until city hall is sufficiently repaired to resume meetings there. All reasonable attempts must be made to comply with the Sunshine Law and the Public Records Law of the State of Florida. The City Manager clarified the Code (ordinance) says the mayor has the authority pursuant to Charter Sec. 2.06; but 2.06 doesn't specifically say the mayor has the right to declare the emergency so there is the potential to get into a round-robin of, "the charter doesn't say it, but the ordinance says can't do it by the Charter because the Charter says ... ," so if they don't clarify it they can get in this circle of logic of defining what keeping the peace is in the Charter. The City Manager reviewed some emergencies might be a riot or a train derailment/spill. It was the consensus of the committee to add this to the Review List. 9 of 35 CHARTER REVIEW COMMITTEE PAGE 8 MINUTES OF THE JANUARY 19, 2021 MEETING In regard to the vice mayor, Ms. Matthews said the last sentence of c says it all, so if they take out the second to the last sentence, they would be saying the same thing (see strikethrough): (c) Vice -mayor —Selection and term. Immediately subsequent to the selection of a mayor, the city council shall elect a vice -mayor from among its members. The fe-Am a the The vice -mayor shall be elected using the same procedure as for the election of mayor. Ms. Drumheller said changing this would be reasonable for clean-up purposes. It was the consensus of the committee to add this to the Review List. Sec. 2.07. General powers and duties. — No recommended changes. Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies. Ms. Herman said it allows someone who has been convicted to be removed from office, but if someone is charged with a crime that is directly related to their position at the City, there should be a way to suspend them and remove them from their decision making ability until the issue is resolved. Mr. Napier commented that was the Governor's job; they would get on shaking ground if they removed someone who wasn't found guilty. Ms. Herman gave an example that if they were charged with a criminal offense, maybe they should step away. She noted other professions suspend employees. Chair Mitchell stated suspension was recommended by staff (see the underlined language): Sec. 2.08. - Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of a council member or the mayor shall become vacant upon his/her death, resignation, removal from office in any manner authorized by law or forfeiture/suspension of his/her office. (b) Forfeiture of office. A council member or the mayor shall forfeit his/her office if he/she: (1) Lacks at any time during his/her term of office any qualification for the office prescribed by this Charter or by law, (2) Violates any express prohibition of this Charter; (3) Is convicted of a crime involving moral turpitude; or (4) Fails to attend three (3) consecutive regular meetings of the city council without being excused by the city council. (c) Suspension from office. A council member or the may or shall be sus;)ended from his/her office if he/she is arrested for a felony or for a misdemeanor related to the duties of office or for a Sunshine Law violation. (d) Special Hearinq. The city council. with the advice of the city attorney. will hold a special hearing to consider a vote to remove or suspend a council member or manor if in violation of Sections (b) or (c) above. (es) Filling vacancies. Any vacancy in the office of council member shall be filled in accordance with the provisions of this subsection and Section 4.14: (1) If there is a scheduled citywide election within six months of the occurrence of the vacancy, the remaining members of the city council may either (A) permit the vacancy to be filled at that election, or (8) appoint a replacement. 10 of 35 CHARTER REVIEW COMMITTEE MINUTES OF THE JANUARY 19, 2021 MEETING PAGE 9 (2) If there is no scheduled citywide election within six months of the occurrence of the vacancy, the remaining members of the city council shall appoint a replacement within 45 days. In the event the city council fills a vacancy by appointment, the person chosen to fill the office shall at the time of appointment meet the qualifications for a member of the city council. An appointed city council member shall serve only until the next citywide election or until city council revokes the suspension and restores the council member or mayor to office in accordance with Section 3 below. If the vacancy has occurred in the term of a city council member that extends beyond the next citywide election, the remainder of the unexpired term shall be filled at that election, and the candidate shall run specifically for that seat on the city council. (3) if the council member or mayor is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he/she was suspended under section (b)-(d), then the city council shall forthwith revoke the suspension and restore the council member or mayor to office. (N) Filling vacancies in candidacy. In the event that following the close of the official qualifying period set out in Charter Section 4.02(b), the number of legally qualified candidates is fewer than the number of seats open for election, the new city council shall till the vacancy in office in the same manner described above in paragraph (ec) of this section. The City Attorney explained that forfeiture of office has no teeth so staff recommended subsection c and in subsection d outlines the process. The City Manager added that if a council member misses three meetings, they are out of office and he asked, "By how, who removes them?" Chair Mitchell suggested that the staff recommendation be sent to them for review and they could start the next meeting with this section. Mr. Christino stated years ago, two council members were charged with a Sunshine Law violation and it took nine months to resolve. Ms. Matthews asked if the Sunshine Law violation was a civil infraction or a misdemeanor because misdemeanors are already covered. Chair Mitchell called for a break at 7:33 p.m. and reconvened the meeting at 7:38 p.m. In response to Ms. Matthews, the City Attorney explained that if the state attorney can prove intent, it would be a criminal infraction. If they cannot, there would be a fine; however staff's intent is for it to be a criminal infraction. Further discussion will be scheduled for the next meeting. Sec. 2.09. Judge of qualifications. Ms. Kautenburg noted the placement of this in the Charter was curious because it seems to supersede any qualifications that they may want to impose: The Florida Division of Elections, the Florida Elections Commission (or successor state agencies) or the courts shall determine issues relating to the election and qualifications of city council members and of the grounds for forfeiture of their office. 11 of 35 CHARTER REVIEW COMMITTEE MINUTES OF THE JANUARY 19, 2021 MEETING PAGE 10 Chair Mitchell asked if they create a qualification that is in conflict with the Division of Elections, what would happen. The City Attorney advised the City's requirements should nest in to what the state requires. Ms. Matthews advised this refers to a candidate who may be elected in and something comes about to where the Division of Elections steps in. She gave a recent example of dual office holding. The City Attorney agreed it may be when the Division or court needs to step in. t� Sec. 2.10. City council -employee relationship. — No recommended changes.+ r' Sec. 2.11. Investigations. — No recommended changes. Sec. 2.12. Procedure. — To be discussed at next meeting. Sec. 2.13. Emergency ordinances. — No recommended changes. Sec. 2.14. Codes of technical regulations. — No recommended changes. Sec. 2.15. Authentication and recording; codification; printing. — No recommended changes. Sec. 2.16. Standing committees. — No recommended changes. 7. STAFF MATTERS Chair Mitchell thanked staff for their input. 8. COMMITTEE MEMBER MATTERS It was the consensus of the Committee to meet again February 9`h 9. ITEMS FOR NEXT AGENDA 10. Being no further business, Chair Mitchell adjourned the Charter Review Committee meeting at 7:54 p.m. By: Date: jw 12 of 35 The following documents were submitted by Vicki Drumheller for discussion 13 of 35 MC Marathon, FL Search or jump to 0NOTIFICATIONS ♦]SIGN IN 0HELP ; Select Language V 0 Navigation Menu R Navigate between Codes, individual ordinances and documents (related documents such as minutes and agendas). You will also find links back to the municipality or content creator's website. x CHARTER AND RELATED LAWS -Fr SHOW CHANGES CD 4 Q MORE enters a plea of gusty or noio Lontenaere ureretu, even ii aaluaicauon or guns nas ueerr witrineio; ' 4. Is found to have violated any standard of conduct or code of ethics established by law for public officials and has been suspended from office by the Governor, unless subsequently reinstated as provided by law; or M 0 Subpart A -CHARTER CHARTER AND RELATED LAWS COMPARATIVE TABLE LAWS OF FLORIDA CHARTER AND RELATED LAWS COMPARATIVE TABLE ORDINANCES Subpart 8 - RELATED LAWS i PART II -CODE OF ORDINANCES CODE COMPARATIVE TABLE 1999 CODE CODE COMPARATIVE TABLE ORDINANCES S. Is absent from three consecutive regular council meetings without justifiable reason, or for any other reason established in this charter. (c) Suspension from office. A council member shall be suspended from office upon return of an indictment or issuance of any information charging the council member with any crime which in punishable as a felony or with any crime arising out of his or her official duties which [is] punishable as a first degree misdemeanor. Pursuant thereto: 1. During the period of suspension, the council member shall not perform any official act, duty or function, or receive any pay, allowance, emolument, or privilege of office. 2. If the council member is subsequently found not guilty of the charge, or if the charge is otherwise dismissed, reduced, or altered in such a manner that suspension would no longer be required as provided herein, the suspension shall be lifted and the council member shall be entitled to receive full back pay and such other emoluments or allowances as he or she would have been entitled to had the suspension not occurred. (d) Filling of vacancies. 1. If a vacancy occurs in the office of mayor, the vice mayor shall serve as mayor until a new mayor is elected as provided in paragraph (3)(a) and assumes the duties of his or her office. -1:; 1 cl — _10JUN" 2 [ r J*ZW2 7 f I % Cn 0 h is con icica of a tetony, or enters a plea of guttty or nom contendere to a crime punishable as a felony, even if adjudication is withheld; C. Is convicted of a first -degree misdemeanor arising directly out of his or her official conduct or duties, or enters a plea of guilty or nolo contenders thereto, even if adjudication of guilt has been withheld; d. Is found to have \ iolated any standard of conduct or code of ethics established by law for public officials and has been suspended From office by the GoNernor, unless subsequently reinstated as provided by law; or C. is absent from three consecutive regular council meetings without justifiable reason, or for any other reason established in this Charter. 3. Suspension .front u1fice. The mayor or any councilmember shall be suspended from office upon return of an indictment or issuance of any information charging the mayor or any councilmember with any crime which is punishable as a felony or with any crime arising out of his or her official duties which is punishable as a first degree misdemeanor. Pursuant thereto: a. During the period of suspension, the mayor or any councilmember shall not perform any official act, duty, or function, or receive any pay, allowance, emolument, or privilege of office. -5- !� 11 m■O n El-- b. If the mayor or any councilmcmber is subsequently found not guilty of the charge, or it' the charge is otherwise dismissed, reduced, or altered in such a manner that suspension would no longer be required as provided herein, the suspension shall be lit'ted and the mayor or any council member shall be entitled to recei%c full back pay and such other emoluments or allowances as he or she would have been entitled to had the suspension not occurred. 4. Filling Qfvacancies. a. If a vacancy occurs in the office of mayor, and less than 180 days remain in the term of the mayor, then the vice -mayor shall serve as mayor until a new mayor is elected and assumes the duties of his or her office. If a vacancy occurs in the office of mayor and 180 days or more remain in the term of the mayor, then the remaining councilmembers shall, within 30 days following the occurrence of such vacancy, by majority vote, appoint a person to fill the vacancy for the remainder of the unexpired term. b. If any vacancy occurs in the office of any 0 councilmcmber and the remainder of the unexpired cnC.n termyearsand 81 days. the remaining �. _ "23EI 0 h 2.03. Vacancy. [Amended 12-16-1986 by Ord. No. 86-18, Ref. of 3-3-1987; 6-13-1995 by Ord. No. 95-06, Ref. of 3-5-1996; 6-26-2001 by Ord. No. 2001-03, Ref. of 3-5-2002; 12- 10-2019 by Ord. No. 2019-08, Ref. of 3-17-2020] (a) The office of Commissioner, including the Mayor, shall become vacant upon death, resignation, removal from office in any manner authorized by law or forfeiture of office. Forfeiture of office shall be declared by a majority vote of the remaining members of the Commission. (b) A Commissioner, including the Mayor, shall forfeit the office if the person lacks, at any time during the term of office, any qualification for the office prescribed by this Charter or by law. (c) The Commission shall have the power and authority to remove any member of the Commission: (1) For malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetence or permanent inability to perform the official duties; (2) Upon conviction for a felony, (3) Upon conviction for a misdemeanor related to the duties of office; or (4) Upon conviction for the commission of any federal felony or misdemeanor. (d) The Commission shall have the power and authority to suspend without pay any member of the Commission: (1) For any cause sufficient for removal; (2) Upon arrest for a felony; (4) Upon indictment or being informed against for the commission of any federal felony or misdemeanor. (e) Any such suspension or removal shall only occur after reasonable notice to the Commission member being considered for suspension or removal, and such Commission member shall have been given an opportunity to be heard and present a defense. 11 (f) If the Commission member is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment or information by reason of which the person was suspended under the provisions of this section, the Commission shall forthwith revoke the suspension and restore such Commission member to office, and the member shall be entitled to and be paid full back pay and other emoluments or allowances to which the person would have been entitled for the full period of time of the suspension. If during the person's suspension, the term of office of the suspended Commission member expires and a successor is either appointed or confirmed, such back pay, emoluments or allowances shall only be paid for the duration of the term of office during which the suspended Commission member was suspended under the provisions of this section, and the person shall not be reinstated. (g) A suspended Commission member may, at any time before removal, be reinstated by unanimous vote of the Commission in its discretion. (h) The suspension of a Commission member by the Commission of the City of South CO Pasadena creates a temporary vacancy in such office during the suspension. Any ° temporary vacancy in office created by the suspension of a Commission member under 0 w - (h) The suspension of a Commission member by the Commission of the City of South Pasadena creates a temporary vacancy in such office during the suspension. Any temporary vacancy in office created by the suspension of a Commission member under the provisions of this section shall be filled by a temporary appointment to such office for the period of the suspension, not to extend beyond the term of the suspended Commission member, Such temporary appointment shall be made in the same manner and by the same authority as provided by § 2.03(k) or 2.03(I) of this article, as applicable. (i) No Commission member who has been suspended from office under this section may perform any official act, duty or function during the suspension; receive any pay or allowance during the suspension; or be entitled to any of the emoluments or privileges of the office during the suspension. 0) A member of the Commission shall be removed from the Commission upon the unanimous affirmative vote of the members forming the quorum present and taking part in the determination. The Commission, by a unanimous vote of the members forming the quorum present and taking part in the determination, shall have authority to suspend a member. The accused member shall not be entitled to participate in the deliberations or decision in relation to the suspension or removal. A quorum must be present and voting for the Commission to act under this section. For the purpose of this section, a quorum shall be constituted of four (4) voting members. (k) If three or more members of the Commission are removed by death, disability or forfeiture of office, the Governor shall appoint interim Commission members who shall call a special election, and such election shall be held to fill the unexpired terms of Commission members. If necessary, the newly constituted Commission will appoint a Mayor and/or Vice Mayor. S. Matthews' Suggestions Sec. 2.08. - Vacancies,—farfciVAvz of 'cfk-e; and filling of vacancies. (a) —Any vacancvA4asanerea of. Tthe office of a council member or the mayor shall IL . MOR a •el fF8M ekee i -.e.l by law eF Fe.feitwe of ..�r �li+tt7, 'HI^ 9.%:// �//a!?':•••i hisfpeF ef#ise- be filled by a maio_ rity vote of the remaining members of thacity council until the next citvwide election ib1 Any person a000inted by the citv council shall meet the candidate eligibility of this Charter. An gpoointed city council member shall only serve until the next citywide election. If the term of the vacant city council member extends beyond the next citvwide election the remainder of the unexpired term shall be filled at that election. followino the general rules of election. Sec. 2.09 — Forfeiture of office i a? A council member or the mayor shall forfeit the office of city council if he or she: c 1 ] At any time during his/her term of office lacks anv qualifications for the city council prescribed by this Charter or by law• 21 Violates any express prohibition of this Charter i3i Is convicted of a felony or a crime involving moral turpitude. (41 Has three 13) consecutive unexcused absences of reoular meetings. If the city council by a maioritv vote determines the absences were without valid excuse shall forfeit such council member's office and the citv council shall declare the office vacant. 1b1 Vacancies of the office of city council caused by forfeiture shall be filled as orescribed by this— Formatted: Indent: Hanging: 0.3" Charter. Sec. 2.10 — Susoension from office- reinstatement lab A council member or the mavor may Le_3u§pended from the office of city council if he or she is arrested for a felony or misdemeanor related to the duties of the office. The city attorney shall call a special hearino with the city council to consider a vote to susgend a noijnril memher or the mavor. rbi If under susoension the council member or the mavor is accuitted. found not guilty. or is otherwise cleared of the charaes which were the basis of the arrest indictment. or information bV reason of which he or she was suspended. then the city council shall forthwith revoke the suspension and restore the council member or the manor to the office of city council. Sec. 2.11 — Recall Any member of the city council man be removed from office by the electors of the city followino the orocedures for recall established by oeneral law. State Law reference — Recall of municipal officials F.S. 5 100.361. 20 of 35 S. Matthews' Suggestions (1 !% at any time .t. . o hisiher term f effio aRy qualiftation for the a•q;FV4crited by this GhaFteF eF by lawi (2) Vielates any expFess rhnYilirr. of Wo ?hr r i (1) I rill tv �mr� 1F-i' (3) . eutlye regular meetings of the 8ity SGWAeil . ithe t being a e.! by the city aeuneii. sG iI, tho rf%ra of a ei1 m mher..h..11 he Red OR aseerdasre with the itkir iii rff-FAhr 3f the Oeouffenee of the vaeancy, the t : '1*x—r;---PA- the Femaining emhere of the o•ty ooeirnll rho..%%/.J'% . le Inc:_ro6nrU•1+ f ^ \ vr"'.' ty appalAtm a F4, Wb-, vn u.-i a a r11 l4e-a 4e ,hall at the time ef appeffintmeRt Fneet the c'rfor r,iMuJrrafthe eit..n nil nn appeinted nit,... nil member shall seFve Rly w ..til the next ..•h...: de eleM•nn. If the . aGaney `ru rrnrr--d v. t election the r_ nde of the unexpi ,..t arrrr, rhrdl Yr flied at that eleGtie.. Rd lk.■ ■rr���■Firc she'! Fun speeifically fGF that seat en the sity seuneii. " Not sure wht the followinij is under this section and not Section 2.03 election Formatted: Indent Left: 0" (d) Filling vacancies in candidacy. In the event that following the close of the official qualifying period set out in Charter Section 4.02(b), the number of legally qualified candidates is fewer than the number of seats open for election, the new city council shall fill the vacancy in office in the same manner described above in paragraph (c) of this section. (Ord. No. 0-88-43, § 2, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 2, 1-8-92; Ord. No. 0-93-02, § 2, 1-27-93; Ord. No. 0-99-24, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-11-09, § 2, 7-13-11, election of 11-8-11) Editor's note— Section 1 of Ord. No. 0-88-43, adopted January 11, 1989, repealed former § 2.08 in its entirety and § 2 of the ordinance renumbered § 2.09 as § 2.08. The repealed provisions pertained to supervision over administrative officers and derived from the original Charter of the city adopted by Ord. No. 0-78-9 on October 9, 1978. 21 of 35 Staffs Recommendations Sec. 2.08. - Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of ouncil ember or the ayor shall become vacant upon his/her death, resignation, removal from office in any manner authorized by law or forfeiture of his/her office. (b) Forfeiture of office. A eCouncil mmember or the ayor shall forfeit his/her office if he/she: (1) Lacks at any time during his/her term of office any qualification for the office prescribed by this Charter or by law; (2) Violates any express prohibition of this Charter; (3) Is convicted of a crime involving moral turpitude; or (4) Fails to attend three (3) consecutive regular meetings of the city council without being excused by the city council Suspension from office. A Council Member or the Mavor shall be suspended from his/her office if he/she is arrested for a felony or for a misdemeanor related to the duties of office or for a Sunshine Law violation. (d) Special Hearina. The Citv Council, with the advice of the City Attorney, will hold a Special Hearing to consider a vote to removP or susper,4 - r^-mcil Member or P-4ayor if in violation of Sections (b) or (c) above. (es) Filling vacancies. Any vacancy in the office of council member shall be filled in accordance with the provisions of this subsection id Section 4 (1) If there is a scheduled citywide election within six months of the occurrence of the vacancy, the remaining members of the city council may either (A) permit the vacancy to be filled at that election, or (B) appoint a replacement. (2) If there is no scheduled citywide election within six months of the occurrence of the vacancy, the remaining members of the city council shall appoint a replacement within 45 days. In the event the city council fills a vacancy by appointment, the person chosen to fill the office shall at the time of appointment meet the qualifications for a member of the city council. An appointed city council member shall serve only until the next citywide election or until C Council revokes the suspension and restores the Council Member or Mavor to office in accordancf with Section 3 below. If the vacancy has occurred in the term of a city council member that extends beyond the next citywide election, the remainder of the unexpired term shall be filled at that election, and the candidate shall run specifically for that seat on the city council. (3) If the Council Member or Mavoi , acquitted or found not Guilty or is otherwise cleared of the charoes which were the basis of the arrest, indictment, or information by reason of which he/she was suspended under section jj?j-(d�, then the City Council shall forthwith revoke the suspension and restore the Council Member or Mayor to office. ( ) Filling vacancies in candidacy. In the event that following the close of the official qualifying period set out in Charter Section 4.02(b), the number of legally qualified candidates is fewer than the number of seats open for election, the new city council shall fill the vacancy in office in the same manner described above in paragraph (es) of this section. (Ord. No. 0-88-43, § 2, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 2, 1-8-92; Ord. No. 0-93-02, § 2, 1-27-93; Ord. No. 0-99-24, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-11-09, § 2, 7-13-11, election of 11-8-11). 22 of 35 Editor's note — Section 1 of Ord. No. 0-88-43, adopted January 11, 1989, repealed former § 2.08 in its entirety and § 2 of the ordinance renumbered § 2.09 as § 2.08. The repealed provisions pertained to supervision over administrative officers and derived from the original Charter of the city adopted by Ord. No. 0-78-9 on October 9, 1978. 23 of 35 S. Matthews' Suggestions Sec. 2.12. = PFeeedwFeMeetinr - recular and special; aeenda: minute meetings and transcripts: rules: voting: (a) Reaular Mmeetings. The city council shall meet regularly at least ^n^e no less than once a month, unless otherwise determined by , na_iority of the city council. Meetinas shall be held in the citv council chambers at citv hall. Upon Droner notice, the citv council may also hold city council meetinas at other locations within the city limits when deemed aDorooriate by the council. The dates and times of citv council meetinas are prescribed by resolution.at such timee cn1 plaees a (bb) Special meetings_ e#-tA soecial meetina may be held at the call of the mayor. vice-mavor. at the reouest of a maioritv of the citv council. or the citv manaaer. he Gity „n..il may he held -en the of the me Whenever oracticable. tThere shall be at least twenty-four (24) hours' advance -notice of any special eeuasil-meeting to each council member charter officer and the up blip. Special meetings shall only be held after 5 p.m. If a public emergency exists arm-seuacil RXQrrk_�9 OF rhaFteF ^ffi^^F may cal a apaGia' Fneewig, and the advance notice requirement, as well as the time restriction, shall be waived. All Gity GGUnGil FneetiR3C chcll kQ-publiE meetings, exGeIM cc vthwwise ycnrnMt1 by lav- (c) Public. All meetinas of the city council shall be public meetinos. (b) Rt4es-armed in n l The ni+.. URGOOI shall deteriiimre;+s` `vi"FF1 FUIes and eFder-Gf buti .m =id shall M3. Trir- j . (d) Agenda. The city clerk shall orevare a written or electronic aaenda. supplemental in writino as necessary. for all reaular and soecial meetinas of the city council. The form of the aaenda shall be determined by the city clerk as approved by the city council. 0i Reaular meetinas. The agenda for recular meetinas shall include only such matters as may be recommended for consideration by the city manaoer or the city council. No matter shall be recommended by the city manaoer which has not been aaendaed exceot in cases of an emergency so determined by the city council. (2) Special meetinas. The aaenda for a soecial meetina shall include only the subject matter for which the special meetino was called. The city council shall not discuss any matter which does not aopear on the aaenda prepared for a soecial meetina. (3) Distribution. Access to the agenda for the city council. staff. media and the public shall be available electronically and readily accessible online as far in advance of the meetina as time will permit. One coov of the aaenda shall be provided for the Dublic at the city council meetina. (e) Meetina minutes and transcripts. The city clerk is responsible for recording. creating and maintainina_ minutes and transcripts of all meetinos. All oroceedinos shall be oublic record. (sfl —Voting. Voting may be by voice vote, except that a roll call vote shall be required on appropriation of funds, for the approval of an ordinance or upon any motion upon the call of any council member. The ayes and nays on each roll call vote shall be recorded in the minutes of the meeting. Three (3) members of the city council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent council members in the manner and subject to the penalties prescribed by the rules of the city council then in force. No action of the city council, except as otherwise provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of three (3) or more council members. (Ord. No. 0-88-43, § 9, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 3, 1-8-92; Ord. No. 0-93-02, § 3, 1-27-93; Ord. No. 0-99-26, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-06-13, § 1, 10-11-06) Editor's note— See the editor's note following § 2.11. 24 of 35 Staffs Recommendations Sec. 2.12. - Procedure. (a) Meetings. The eCity eCouncil shall meet regularly, at least once a month, at such times and places as the c-City eCouncil may prescribe by resolution. Special fRMeetings of the eCityeCouncil may be held on the call of the fWayor or at least three i31 awt-eCouncil mMembers under the following conditions: 1. A special meeting cannot be called during the declaration of a State of Emerdencv. There shall be reasonable advance notice of any special council meeting called that is fair under the circumstances and necessary to protect the public interest. Said meetings shall only be held after 5 o.m. T1 eFe 2 J1. Ili. al laast twenty feUF (24) hGUFs advance notioe of any speGial Goundl meeting ealled and said meetings shall only be held afteF 6 P.M. 2_If a public emergency exists any council member or charter officer may call a sSpecial FwMeeting„ The content or agenda for the meetino shall be germane to the emerdencv. necessary to protect the public interest and in response to the Local State of Emerclency. if declared. Due to the emerdencv. there shall be reasonable advance notice of anv special council meetino called that is fair under the circumstances and necessary to protect the public interest.and the advance n^"^^ requaremeRt as well as the 4kne Festr*,ie^ bill i yvawed. All city council meetings shall be public meetings, except as otherwise permitted by law. As a result of a local declared state of emerdencv_ any meetings can be canceled by the Citv Manager. (b) Rules and )Journals or Transcriots. The eCity eCouncil shall determine its own rules and order of business and shall provide for keeping a journal or transcript of its proceedings. This journal or iranscrlpt shall be a public record and shall be kept by the Citv Clerl . (c) Voting. Voting may be by voice vote, except that a roll call vote shall be required on appropriation of funds, for the approval of an ordinance or upon any motion upon the call of any council member. The ayes and nays on each roll call vote shall be recorded in the minutes of the meeting. Three (3) members of the city council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent council members in the manner and subject to the penalties prescribed by the rules of the city council then in force. No action of the city council, except as otherwise provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of three (3) or more council members. (Ord. No. 0-88-43, § 9, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 3, 1-8-92; Ord. No. 0-93-02, § 3, 1-27-93; Ord. No. 0-99-26, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-06-13, § 1, 10-11-06) Editor's note— See the editor's note following § 2.11. Comment [MAS]: F.S. 120.525 If an agency finds that an immediate danger to the public health, safety, or welfare requires immediate action, the agency may hold an emergency public meeting and give notice.of such meeting by any procedure that is fair under the circumstances and necessary to protect the public interest. Comment [MA2]: F.S. 120.525 25 of 35 Select Year, 2020 v Go The 202o Florida Statutes Title X Chanter 120 View Entire PUBLIC OFFICERS, EMPLOYEES, AND ADMINISTRATIVE PROCEDURE Chanter RECORDS ACT 120.525 Meetings, hearings, and workshops.— (1) Except in the case of emergency meetings, each agency shall give notice of public meetings, hearings, and workshops by publication in the Florida Administrative Register and on the agency's website not less than 7 days before the event. The notice shall include a statement of the general subject matter to be considered. (2) An agenda shall be prepared by the agency in time to ensure that a copy of the agenda may be received at Least 7 days before the event by any person in the state who requests a copy and who pays the reasonable cost of the copy. The agenda, along with any meeting materials available in electronic form excluding confidential and exempt information, shall be published on the agency's website. The agenda shall contain the items to be considered in order of presentation. After the agenda has been made available, a change shall be made only for good cause, as determined by the person designated to preside, and stated in the record. Notification of such change shall be at the earliest practicable time. (3) If an agency finds that an immediate danger to the public health, safety, or welfare requires immediate action, the agency may hold an emergency public meeting and give notice of such meeting by any procedure that is fair under the circumstances and necessary to protect the public interest, if: (a) The procedure provides at least the procedural protection given by other statutes, the State Constitution, or the United States Constitution. (b) The agency takes only that action necessary to protect the public interest under the emergency procedure. (c) The agency publishes in writing at the time of, or prior to, its action the specific facts and reasons for finding an immediate danger to the public health, safety, or welfare and its reasons for concluding that the procedure used is fair under the circumstances. The agency findings of immediate danger, necessity, and procedural fairness shall be judicially reviewable. (4) For purposes of establishing a quorum at meetings of regional planning councils that cover three or more counties, a voting member who appears via telephone, real-time videoconferencing, or similar real-time electronic or video communication that is broadcast publicly at the meeting location may be counted toward the quorum requirement if at least one-third of the voting members of the regional planning council are physically present at the meeting location. A member must provide oral, written, or electronic notice of his or her intent to appear via telephone, real-time videoconferencing, or similar real-time electronic or video communication to the regional planning council at least 24 hours before the scheduled meeting. History.—s. 4, ch. 96-159; s. 3, ch. 2009-187; s. 3, ch. 2013-14; s. 1, ch. 2020-122. Copyright ©1995-2021 The Florida Legislature • Privacv Statement • Contact Us 26 of 35 Staffs Recommendations Sec. 3.03. - Removal of Charter officers. (a) Any Charter officer may be removed from office for cause, or without cause pursuant to the terms of an employment agreement, by a aiority vote of four (4) members majsFity Yete-of the city council. (b) In the event that one or more council members believes that cause exists for the removal of a Charter officer, such council members shall present written charges to the entire city council at a regularly scheduled meeting for discussion. The city council4nay—,__by a supermaiori vote at -least twee -of four (34) council members that said chargewould, if pro constitute a violation and that a reasonable basis exists for believing the violation occurred, may formally charge the named Charter officer with misconduct and immediately suspend such Charter officer from office. Notice of the suspension and the specific charges of misconduct shall be served upon the affected Charter officer in person or by certified or registered mail, return receipt requested, to the last known address of the affected Charter officer. The suspended Charter officer shall have the right to a hearing before the city council upon request. The suspended Charter officer shall be given a reasonable period of time in order to prepare for such hearing. At the conclusion of the hearing, the suspended Charter officer shall be removed if the city council finds, by a suoermaiority vote of at leastthFee-four (34) council members that cause exists to support such removal. In the event that at least three (3) council members do not find that cause exists for removal, the suspended Charter officer shall be immediately reinstated to his or her Charter office. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-02, § 5, 1-27- 93; Ord. No. 0-99-28, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-99-29, § 1, 11-3-99, election of 3-14-00) 27 of 35 CITY OF HOME OF PELICAN ISLAND MEETING DATE: CHARTER SECTION: CHARTER REVIEW COMMITTEE February 8, 2021 Sec. 4.02. Filing of candidate's oath; fee. Indian River County Supervisor of Elections Leslie Swan has requested the municipalities to situate our qualifying periods so that they are completed by the Friday of the 12th week preceding the General Election. BACKGROUND: Because of the number of absentee ballots requested this past election, Supervisor Swan had to print the ballots in-house requiring a great deal of employee overtime. She expects the use of absentee ballots to continue, even increase, as we experience the pandemic. RECOMMENDATION Additional time would give Supervisor Swan the opportunity to finalize the ballot style, print the ballots to meet the mailing deadline for military and overseas voters, and 20 days to mail out the absentee ballots. As an example, currently, this election year the qualifying period would begin August 19 and end September 3, 2021. To have the qualifying completed by the 12th week preceding the General Election, the (16 day) period would July 19 to August 13, 2021. A shorter qualifying period may be considered by the Committee. F.S.99.061(2) provides for a 5 day qualifying period. Sec. 4.02. - Filing of candidate's oath; fee. (a)Each candidate, in order to qualify for election to the office of council member, shall take and subscribe to an oath or affirmation in writing. A printed copy of the oath or affirmation shall be furnished to the candidate by the city clerk and shall comply with the provisions of Florida law. (b)The oath set forth in subsection (a) shall be filed with the city clerk at least 81 dayssixty (60) , but no more than 96 days seye ty fi„o 75` days, prior to the day of the election, along with payment of a nonrefundable filing fee in an amount to be set forth by Code. 28 of 35 Staffs Recommendations Sec. 4.02. - Filing of candidate's oath; fee. (a) Each candidate, in order to qualify for election to the office of council member, shall take and subscribe to an oath or affirmation in writing. A printed copy of the oath or affirmation shall be furnished to the candidate by the city clerk and shall comply with the provisions of Florida law. (b) The oath set forth in subsection (a) shall be filed with the city clerk at least eiahtv-one (81) sixty (69) days, but no more than (961_ days, prior to the day of the election, along with payment of a nonrefundable filing fee in an amount to be set forth by Code. (Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-04, § 1, 1-27-93; Ord. No. 0-99-31, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-06-17, § 1, 10-11-06) 29 of 35 crrvor SEELASTLINN HOME OF PELICAN ISLAND MEETING DATE: CHARTER SECTION: CHARTER REVIEW COMMITTEE February 8, 2021 Sec. 4.12. Election procedures; tie vote BACKGROUND: The City's contract with Supervisor of Elections Leslie Swan provides for the cost of a special election to be $2.00 per registered voter (based on one card ballot). The City paid $41,100.00 for the September 15, 2020 Recall Election. If there was a tie, the current Charter provides that another $41,100.00 would have needed to be paid for a follow up election. STAFF RECOMMENDATION: Sec. 4.12. Election procedures; tie vote (a) In all general or special elections, the candidates receiving the highest vote in each of the offices of council member to be filled, shall be elected for two-year terms, or the balance of the term. (b ) In the event that at any election there are two (2) or more candidates for the same office and they should receive the same number of votes, the outcome questiee shall be determined decided by a speoisl rNn ^ff�eR hetweeR thte titer! nandida4es 49 he hold me later than thirty (30) days a#er the f the initicl afc=st+eR are . in accordance with Florida law. If this is considered by the committee, what kind of lot, who would draw the lot should be discussed. ATTACHMENTS: F. S.105.051(1)(c) 30 of 35 Select Year: 2020 v Go The 202o Florida Statutes Title IX Chanter 105 View Entire Chanter ELECTORS AND ELECTIONS NONPARTISAN ELECTIONS 105.051 Determination of election or retention to office.— (1) ELECTION. —In circuits and counties holding elections: (a) The name of an unopposed candidate for the office of circuit judge, county court judge, or member of a school board shall not appear on any ballot, and such candidate shall be deemed to have voted for himself or herself at the general election. (b) If two or more candidates, neither of whom is a write-in candidate, qualify for such an office, the names of those candidates shall be placed on the ballot at the primary election. If any candidate for such office receives a majority of the votes cast for such office in the primary election, the name of the candidate who receives such majority shall not appear on any other ballot unless a write-in candidate has qualified for such office. An unopposed candidate shall be deemed to have voted for himself or herself at the general election. If no candidate for such office receives a majority of the votes cast for such office in the primary election, the names of the two candidates receiving the highest number of votes for such office shall be placed on the general election ballot. If more than two candidates receive an equal and highest number of votes, the name of each candidate receiving an equal and highest number of votes shall be placed on the general election ballot. In any contest in which there is a tie for second place and the candidate placing first did not receive a majority of the votes cast for such office, the name of the candidate placing first and the name of each candidate tying for second shall be placed on the general election ballot. (c) The candidate who receives the highest number of votes cast for the office in the general election shall be elected to such office. If the vote at the general election results in a tie, the outcome shall be determined by lot. (2) RETENTION. —With respect to any justice or judge who qualifies to run for retention in office, the question prescribed in s. 105.041(2) shall be placed on the ballot at the general election. If a majority of the qualified electors voting on such question within the territorial jurisdiction of the court vote for retention, the justice or judge shall be retained for a term of 6 years commencing on the first Tuesday after the first Monday in January following the general election. If less than a majority of the qualified electors voting on such question within the territorial jurisdiction of the court vote for retention, a vacancy shall exist in such office upon the expiration of the term being served by the justice or judge. History.—s. 5, ch. 71-49; s. 38, ch. 77-175; s. 19, ch. 81-105; s. 632, ch. 95-147; s. 5, ch. 99-326; s. 4, ch. 99-355; s. 23, ch. 2005-286. Copyright © 1995-2021 The Florida Legislature • Privacv Statement • Contact Us 31 of 35 Staffs Recommendations Sec. 4.12. - Election procedures; tie vote. (a) In all general or special elections, the candidates receiving the highest vote in each of the offices of council member to be filled, shall be elected for two-year terms, or the balance of the term. (b) In the event that at any election there are two (2) or more candidates for the same office and they should receive the same number of votes, the qUeStwORoutcome shall be deeided-determined min accordance with Florida law. a-speo:cl r► n late; then ftrty. (Ord. No. 0-84-3, § 1, 2-1-84; Ord. No. 0-88-44, § 1, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-04, § 7, 1-27-93; Ord. No. 0-98-19, § 1, 11-18-98; Ord. No. 0-99-33, § 1, 11-3- 99, election of 3-14-00) Editor's note— Ord. No. 0-98-19, adopted Nov. 18, 1998, amended § 4.12(b) to read as herein set out. Such amendment was approved by the voters at an election held Mar. 9, 1999. 32 of 35 Staffs Recommendations Sec. 4.14. - Interim government. Should a condition arise where there should knot be a maiority (3 or more) city council serving, either through death, resignation, removal or suspension from office or otherwise, in the interim until a special election can be called to fill such vacancies, the city clerk shall have the power to fill the vacancies until successors are elected, and such city council so appointed shall call a special election as provided by this Charter. In the event of the inability or refusal of the city clerk to serve in such capacity or to fill such vacancies, within five (5) days after such condition arises, the city manager shall do so. In the event of the inability or refusal of the city manager to act within twenty-four (24) hours, the city attorney shall do SO. (Ord. No. 0-99-35, § 1, 11-3-99, election of 3-14-00) State Law reference— Emergency continuity of government, F.S. ch. 22. 33 of 35 2021 FEBRUARY SUN MON TUE WED THU FRI 1 2 3 4 5 7 8 9 10 11 12 14 15 16 17 18 19 AVAILABLE 21 22 23 24 25 26 AVAILABLE SAT 6 13 20 27 34 of 35 2021 March SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 AVAILABLE 7 8 9 10 11 12 13 14 21 28 15 16 17 18 19 20 22 23 24 25 26 27 29 30 31 AVAILABLE 35 of 35