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HomeMy WebLinkAboutCANDIDATE HANDBOOK 2006 OlYOF CITY OF SEBASTIAN CANDIDATE HANDBOOK MARCH 14, 2006 GENERAL ELECTION alY<~ ~ ~ . . --- -- -- HOME OF PELICAN ISLAND CITY OF SEBASTIAN CANDIDATE HANDBOOK MARCH 14, 2006 GENERAL ELECTION To Prospective Candidates: Welcome to the City of Sebastian election process! You are about to participate in a process that comes with great commitment. I hope to provide each of you with as much general information as I can to assist you with your campaign, however, to understand the specifics of the process, each of you must familiarize yourselves with the Florida election laws that are being provided as a supplement to this handbook. Knowing the rules will save you time and money, and will keep your campaign open and fair. This handbook is intended to familiarize candidates for Sebastian City Council and their campaign treasurers with their duties and responsibilities. Keep in mind that all material is subject to change by the Florida legislature. The City Clerk's office is ready to assist you whenever we can. Please do not hesitate to call if you have any questions at all regarding your campaign. If we do not have an immediate answer for you, we will research by whatever means available to get it for you. Congratulations on your decision to run for office! City Clerk's office staff wishes you a successful campaign. SincL'IY,... .7.) ~)dt,U_11 Sally A. ~ MMC City Clerk TABLE OF CONTENTS General Election Information And List Of Polling Places 1 Becoming A Candidate For Sebastian City Council What Is A Candidate? Who Can Be A Candidate? When Can I Announce My Candidacy? 2 Election Calendar 3 Qualifying For Office Where And When Do I File? What Forms Do I File? What Fees Must I Pay? What If I Decide Not To Run? 4 Campaign Reporting 5 Political Advertising 6&7 City Of Sebastian Charter Charter Pages CHT1 Through CHT20 8 List Of All Forms And State Publications For Election Qualifying And Information Which Are Inserted At Back Of This Handbook 9 Information In This Handbook Is Supplemental To State Of Florida Election Laws We Have Provided, As An Addendum To This Handbook, The Following Publications Provided By The State Of Florida: . Florida Commission On Ethics "2005 Guide To The Sunshine Amendment And Code Of Ethics For Public Officers And Employees" Manual . Chapter 106 Florida Statutes Other Division of Elections publication links are listed on the last page of this packet ---PLEASE FAMILIARIZE YOURSELVES WITH FLORIDA STATUTES--- KEEP IN MIND THAT DATES FOR THE STATE OF FLORIDA ELECTIONS WILL DIFFER FROM OUR ELECTION DATES - THESE PUBLICATIONS ARE PROVIDED FOR GENERAL ELECTION LAW INFORMATION For Further Information Contact: Sally A. Maio, MMC City Clerk City Of Sebastian 1225 Main Street Sebastian, FL 32958 (772) 589-5330 Smaio@Cityofsebastian.Org GENERAL ELECTION INFORMATION . Election Day Is The Second Tuesday In March (March 14,2006) (Charter 2.03) . Sebastian City Council Consists Of Five Members (Charter 2.01) . City Council Members Serve Two Year Terms (Charter 2.04) . There Are Two (2) Two-Year City Council Terms To Be Filled At The March 14, 2006 General Election (Charter 2.03) . City Council Seats Are At-Large (Charter 2.01) . City Council Candidates Must Be Qualified Electors In The City And Have Actually Continually Resided In The City For A Period Of One Year Immediately Preceding The Final Date For Qualification (Charter 2.02) . City Council Terms Begin At A Special Meeting On The Monday Evening Following The Election (Charter 2.04) . Mayor And Vice Mayor Are Elected By City Council Each Year From Among Its Members At The First Scheduled Meeting Subsequent To The Election (Charter 2.06) CITY OF SEBASTIAN POLLING PLACES: Precinct Location 103 SI. Sebastian Catholic Church, 13075 U.S. 1, Sebastian* 104 VFW Post 10210, 815 Louisiana Avenue, Sebastian 105 Sebastian Elks Lodge No. 2714,731 South Fleming Street, Sebastian 106 North Indian River County Library, 1001 CR 512, Sebastian 107 Sebastian Elementary School, 400 CR 512, Sebastian 109 North Indian River County Library, 1001 CR 512, Sebastian 201 Trinity Lutheran Church, 611 Schumann Drive, Sebastian 203 Calvary Baptist Church, 123 Thunderbird Drive, Sebastian 204 Sebastian Christian Church, 190 Day Drive, Sebastian *Polling Places are Established by the Supervisor of Elections for Indian River County and Are Subject to Change. 1 BecominQ A Candidate For Sebastian City Council What Is A Candidate? Florida Statutes 97.021 (3), Defines A Candidate As A Person To Whom Any One Or More Of The Following Applies: 1. Seeks To Qualify For Nomination Or Election By Means Of The Petitioning Process. 2. Seeks To Qualify For Election As A Write-In Candidate. (Write-Ins Are Not Provided For In Sebastian Elections) 3. Receives Contributions Or Makes Expenditures, Or Gives Consent For Any Other Person To Receive Contributions Or Make Expenditures, Wnh A View To Bringing About His Or Her Nomination Or Election To, Or Retention In, Public Office. 4. Appoints A Campaign Treasurer And Designates A Primary Depository. 5. Files Qualifying Papers And Subscribes To A Candidate's Oath As Required By Law. Who Can Be A Candidate? 1. City Charter 2.02 Eligibility States, "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 Prececling The Final Date For Qualification As A Candidate For Said Office." 2. Person Must Not Be Holding Another Elective Or Appointive Office, Whether State, County, Or Municipal, The Term Of Which, Or Any Part Thereof, Runs Concurrently With Each Other, Without Resigning From The Office He Or She Presently Hold. This Would Not Apply To Municipal Committee- For Which There Is No Pay. (See FS 99.012 For Further Provision) 3. City Code states "No person shall serve on more than one city board or permanent committee simultaneously.' Election to City Council would result in automatic removal from any cny board or permanent committee. When May I Announce My Candidacy? 1. If You Are A Qualified Elector And Will Have Continually Resided In The City For One Year Prior To The Final Date Of Qualifying, You Are Eligible To Run. 2. You May Discuss Your Candidacy At Any Time; However, You Are Considered An 'Announced" Candidate When Your Qualifying Officer (City Clerk) Receives Your Appointment Of Campaign Treasurer And Designation Of Campaign Depository- Form DS-DE9. You Need To File This Form Before You Accept Any Campailln Contributions Or Make Any Campailln Expenditures /lncludinll Your Qualitvinll Feel. Your Campailln Bank Account Cannot Be Opened Until You Have Filed This Form. This Form Shows: A. Your Name, Address And Phone Number B. Office Sought C. Name, Address And Telephone Number Of Your Campaign Treasurer D. Name And Address Of Your Campaign Depository (Bank, Savings And Loan Association, Or Credit Union) E. Signature Of Candidate And Date. F. Signature Of Campaign Treasurer, Indicating Acceptance Of Appointment And Date. 3. Florida Statutes 106.023 Requires That, Within Ten (10) Days Of Filing The Appointment Of Campaign Treasurer And Designation Of Campaign Depository, You File A Statement Of Candidate (DS-DE 84) Stating That You Have Received, Read And Understand The Requirements Of Chapter 106, Florida Statutes. A Copy Of Chapter 106 And The DS-DE 84 Form Are Included In This Packet. 2 2006 ELECTION CALENDAR December 14,2005 Mayor Calls Election By Proclamation (Ch 4.05) Council Adopts Resolution Naming Polling Places, Offices To Be Filled, Questions To Be Decided, Authorizing Supervisor Of Elections To Administer And Subsequent Payment Therefore (Ch. 4.07) 1st General Election Advertisement (100.021 FS) December 23, 2005 January 6, 2006 January 10, 2006 2nd General Election Advertisement (100.021 FS) January 13, 2005 January 16, 2006 January 27,2006 February 10, 2006 February 10, 2006 Quarterly Report Due For Anyone Who Pre-Qualified (Submitted Form DS-DE9 Appointment Of Campaign Treasurer And Designation Of Campaign Depository Prior To End Of December) 1st Day To Qualify For Office (Ch 4.02) Dr. Martin Luther King, Jr. Birthday - Closed For City Holiday Last Day To Qualify For Office (Charter 4.02) 1st Referendum Advertisement (FS 100.342) (5th week prior to election) 1st CampaignTreasurer's Report Due By 5 Pm for Period of 1/1/06 Through 2/3/06 (FS 106.07) (if you have already pre- qualified) February 10, 2006 1st CampaignTreasurer's Report Due By 5 Pm for Period of Date of Qualification Through 2/3/06 (FS 106.07) 1st Day Political Signs Can Be Posted (Land Development Code 54-3-16.5.E.4) February 12, 2006 February 20, 2006 Presidents Day - Closed For City Holiday February 24, 2006 2nd Campaign Treasurer's Repqrt Due By 5 Pm for Period of 2/4/06 Through 2/17/06 (FS 106.07) (5th week prior to election) February 24, 2006 2nd Referendum Advertisement (FS 100.342) March 9, 2006 No Further Contributions To Be Accepted After Midnight (FS 106.08) March 10, 2006 3rd Treasurer's Report Due for Period of 2/18/05 through 3/9/06 (FS 106.07) ELECTION DAY (Charter 2.03) March 14, 2006 March 20, 2006 Special Meeting For Accepting Canvassing Board Results By Former Council, And Swearing In And Election Of Mayor And Vice Mayor By Council Elect (Charter 2.04) June 12, 2006 Surplus Funds Must Have Been Disposed And Final Treasurer's Report Due (FS 106.141) 3 .... ~In N =" \C ~ ~ N (!) 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CD N It) Qualifyina For Office A. Who Is Mv Qualifying Officer? Your Qualifying Officer Is The City Clerk. B. When And Where Do I File Mv Qualifying Papers? When: Starting 8:00 A.M. On Friday, January 13, 2006 And Ending 4:30 P.M. On Friday, January 27, 2006 (Weekdays 8 Am To 4:30 P.M.) Where: City Clerk's Office City Hall 1225 Main Street Sebastian, FL 32958 ~:" C. What Forms Do I File? (Forms Are Located At Back Of Book) 1. Appointment Of Campaign Treasurer And Designation Of Campaign Depository (Form DS-DE9) (This Form May Be Submitted At Any Time Prior To The Qualifying Period OR You Can Wait Until The January Qualifying Period To Submit All Forms - Remember Though Even If You File This Form During The Qualifying Period You Must Submit This Form First And Once Submitted You Can Then Open Your Campaign Account And Bring Back The Rest Of The Forms With The Qualifying Fee From Your Campaign Account) 2. Statement Of Candidate (Form DS-DE84) Stating That You Have Received, Read And Understand The Requirements Of Chapter 106, Florida Statutes (This Form Must Be Submitted Within 10 Days After Submitting Form DS-DE9 Appointment Of Campaign Treasurer And Designation Of Campaign Depository) 3. Loyalty Oath For Candidates For Public Office/Oath Of Candidate (DS-DE 24B) (FS 876.05-.10) 4. Eligibility To Run Oath Form (Charter Section 2.02) 5. Financial Disclosure Form (CE Form 1) (FS 99.061(4) And 112.3145) (if we already have a financial disclosure form on file for you, a copy can be used) D. What Fees Are Paid At Time Of Qualifying? 1. Campaian Account Check Made Payable To The City Of Sebastian In The Amount Of $61.00 - Which Includes The Following: A. City Election Filing Fee Of $25 (Code Sec 38-2) B. State Election Assessment Fee Of $36 (FS 99.093) E. What If I Decide Not To Run? Although Florida Statutes Provides For Refund Of The Qualifying Fee (Which It Defines As The Filing Fee And The Assessment Fee) If A Candidate Withdraws His/Her Candidacy Prior To The End Of Qualifying, City Code Section 38-2 Provides That The Filing Fee Is Not Refundable. Therefore, If A Candidate Withdrew Before January 27, 2005, Only The Election Assessment Fee Would Be Refunded. 4 CAMPAIGN REPORTING Quarterly Reports Are Due On The 10th Of The Month Following Each Calendar Quarter For Those Who Filed The Appointment Of Campaign Treasurer And Designation Of Campaign Depository Form And Opened Campaign Accounts Prior To The End Of 2005. For Example, If You Open Your Account Before October 2005 You Would Have To File Campaign Quarterly Reports On October 10, 2005 And January 10, 2006. If You Open Your Account After October 1, 2005 But Before The End Of 2005, You Would Have To File A Report On January 10, 2006This Is In Addition To The Reporting Dates Set Out Below: *Election Due Dates And Reoortina Periods To Be Submitted On The 3200 18th And 4th Davs Prior To Election Reoortina Period For those who have ore-aualified: January 1, 2006 through February 3, 2006 For those who Qualify durina the Qualifvina oeriod: Date you qualified through February 3, 2006 February 4, 2006 through February 17, 2006 February 18, 2006 through March 9, 2006 Termination Report Due Date 3200 day report due February 10, 2006 by 5 pm 3200 day report due February 10, 2006 by 5 pm 18th day report due February 24, 2006 by 5 pm 4th day report due March 10, 2006 by 5 pm June 12, 2006 by 5 pm *Although FS requires a report on the 46th day preceding the election, because our last day of qualifying is on the 46th day preceding the election, and FS references reports due "following the last day of qualifying", we will not require the 46th day report. Reports shall be filed not later than 5:00 p.m. of the day designated; however, any report postmarked by the US Postal Service no later than midnight of the day designated shall be deemed to have been filed in a timely manner. A certificate of mailing by the USPS at the time of mailing, or a receipt from an established courier service, which bears a date on or before the date on which the report is due, shall be proof of mailing in a timely manner. Florida Statute 106.07(7): in any reporting period when there has been no activity in the account (no funds received or expended), the filing of the report is waived, however, the filing officer must be notified in writing on the prescribed reporting date that no report is being filed by submitting form DS-DE87 waiver of report) Each candidate shall, within 90 days after becoming unopposed, withdrawn, eliminated, or elected to office, dispose of funds in the campaign account and file a termination report. FOR FURTHER PROVISIONS RELATING TO CAMPAIGN TREASURERS' RESPONSIBILITIES, CAMPAIGN REPORTING AND CAMPAIGN FINANCING PLEASE REFER TO FLORIDA STATUTES PROVIDED. IT IS VERY IMPORTANT THAT EACH CANDIDATE UNDERSTAND THE SPECIFICS OF FLORIDA LAW WHEN IT COMES TO CAMPAIGN FINANCING. FLORIDA LAW PROVIDES FOR FINES AND PENALTIES FOR VIOLATIONS OF CAMPAIGN FINANCING RESTRICTIONS. 5 POLITICAL ADVERTISING (Political Signs Do Not Require A Permit But Must Comply With The Following Provisions) City Of Sebastian Land Development Code Section 54-3-16.5.E.4. Provides Regulations For Political Signs As Follows: 4. Political Signs. A. General. Political Signs Shall Not Be Posted On Or Over Any Public Property Or Right- Of-Way. B. Political Signs In Residential Districts. Political Signs In Residential Districts Are Allowed Subject To The Following Provisions: (1) No Sign Shall Exceed Sixteen (16) Square Feet; (2) No Sign Shall Be Illuminated; (3) Each Sign Shall Be Freestanding: (4) Each Sign Shall Be Located Wholly On Private Property; (5) Each Sign Shall Be Placed At Least (5) Feet From All Rights-Of-Way And Sidewalks; (6) No Sign Shall Exceed Five (5) Feet In Height; (7) No Sign Shall Be Placed On Or Attached To Any Tree Or Utility Post. C. Political Signs In Nonresidential Districts. Political Signs In Nonresidential Districts Are Allowed Subject To The Following Provisions: (1) No Sign Shall Exceed Twenty (20) Square Feet; (2) No Sign Shall Be Illuminated; (3) Each Sign Shall Be Freestanding; (4) Each Sign Shall Be Located Wholly On Private Property; (5) Each Sign Shall Be Placed At Least (5) Feet From All Rights-Of-Way And Sidewalks; (6) No Sign Shall Exceed Ten (10) Feet In Height; (7) No Sign Shall Be Placed On Or Attached To Any Tree Or Utility Post. D. Posting Time Limits. Its Shall Be Unlawful For Any Person To Post A Political Sign More Than Thirty (30) Days Prior To The Election In Which The Candidate's Name Or The Issue Will Appear, And It Shall Be Unlawful To Fail To Remove A Political Sign Within Five (5) Days After The Election In Which The Candidate Is Eliminated Or Elected Or The Issue Is Approved Or Disapproved. E. Removal Of Illegal Signs. The Code Enforcement Division Shall Order The Immediate Removal Of Any Political Signs Found Posted Within The City In Violation Of This 6 Section. If The Sign Is Not Removed Within Two (2) Days, The Code Enforcement Division Shall Remove The Political Sign. F. Fine. A Fine OfTwenty-Five Dollars ($25.00) Per Sign May Be Imposed Upon The Person Posting Said Sign Or Upon The Candidate Promoted On Said Sign For Any Of The Following: (1) Failure To Remove All Signs Within The Applicable Five-Day Period For Removal: (2) Placement Of Signs Upon Public Property Or Upon Any Tree, Utility Pole, Or Similar Object. G. Prima Fascia Evidence. Political Signs Placed In Violation Of This Section Which Advertise A Particular Candidate Shall Be Prima Facie Evidence Of The Placement Or Authorization Of The Placement Of The Sign By The Candidate. h. Reimbursement For Removal Expense. The Candidate Or The President Of The Committee Supporting Or Opposing The Ballot Measure, As Applicable, Shall Reimburse The City For Any And All Expenses Of Removal Incurred By The City. THE CITY OF SEBASTIAN DOES NOT REGULATE THE CONTENT OR WORDING OF SIGNS, HOWEVER, THERE ARE SIGN RESTRICTIONS UNDER FLORIDA STATUTES WITH POTENTIAL FINES AND PENALTIES FOR VIOLATIONS. FOR FURTHER PROVISIONS RELATING TO POLITICAL SIGNS PLEASE REFER TO FLORIDA STATUTES 106 PROVIDED. IT IS VERY IMPORTANT THAT EACH CANDIDATE UNDERSTAND THE SPECIFICS OF FLORIDA LAW WHEN IT COMES TO POLITICAL ADVERTISING. 7 CITY OF SEBASTIAN CHARTER 8 Sec. 1.01. Sec. 1.02. Sec. 1.03. Sec. 1.04. Sec. 1.05. Sec. 2.01. Sec. 2.02. Sec. 2.03. Sec. 2.04. Sec. 2.05. Sec. 2.06. Sec. 2.07. Sec. 2.08. Sec. 2.09. Sec. 2.10. Sec. 2.11. Sec. 2.12. Sec. 2.13. Sec. 2.14. Sec. 2.15. Sec. 2.16. Sec. 3.01. Sec. 3.02. Sec. 3.03. Sec. 3.04. Sec. 3.05. PART I CHARTER* Article I. Creation and Powers Creation and powers. Extraterritorial powers. Intergovernmental relations. Boundaries. Existing businesses may continue after annexation. Article n. City Council Composition. Eligibility. Election: Terms. Compensation; expenses. Mayor; vice-mayor. General powers and duties. Vacancies; forfeiture of office; filling of vacancies. Judge of qualifications. City council-employee relationship. Investigations. Procedure. Emergency ordinances. Codes of technical regulations. Authentication and recording; codification; printing. Standing committees. Article III. Administration and Legal Departments Division 1. . Generally Creation. Appointment [of Charter officers]. Removal [of Charter officers]. City manager; powers and duties. City clerk. *Editor's note-Printed herein is the Home Rule Charter of the City of Sebastian adopted by Ordinance Number 0-78-9 on October 9,1978, and approved at referendum on December 11, 1978. The Charter became effective January 1, 1979. Obviously misspelled words have been corrected without notation. Words added for clarification have been added in brackets. Amendments have been included and are indicated by a history note immediately following the amended section. State law references-Municipal Home Rule Powers Act, F.S. ch. 166; Charter amend- ments, F.S. ~ 166.031. Supp. No. 22 CHT:l Sec. 3.06. Sec. 3.07. Sec. 3.08. Sec. 3.09. Sec. 4.01. Sec. 4.02. Sec. 4.03. Sec. 4.04. Sec. 4.05. Sec. 4.06. Sec. 4.07. Sec. 4.08. Sec. 4.09. Sec. 4.10. Sec. 4.11. Sec. 4.12. Sec. 4.13. . Sec. 4.14. Sec. 5.01. Sec. 5.02. Sec. 5.03. Sec. 6.01. Sec. 6.02. Sec. 6.03. Sec. 6.04. Sec. 6.05. Supp. No. 22 SEBASTIAN CODE Division 2. Police Department Creation; chief. Chief of police-Duties and authority. Same-Officers. Division 3. Legal City attorney. Article IV. Elections Adoption of state election laws. Filing of candidate's oath; fee. Special municipal elections to elect elective officers. Special election for other purposes. Calling an election by resolution. Election precincts and polling places; city to designate. Elections-How arranged; inspectors and clerks. Same-Canvass of returns; certificates of election. Same-Ballots. Voting machines. Absentee voting. Election procedures; tie vote. Conduct of candidates for election office. Interim government. Article V. General Provisions Severability of provisions. Effective date. Charter review committee. Article VI. Transition Title to property reserved. Obligations unimpaired. Officers and employees holdover. Ordinances preserved. Continuation of former charter provisions. CHT:2 CHARTER ~ 1.02 ARTICLE I. CREATION AND POWERS" Sec. 1.01. Creation and powers. The City of Sebastian, Florida, as now established, shall continue to be a municipal body politic and corporate in perpetuity under the name "City of Sebastian" and, under that name, shall have all governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. Sec. 1.02. Extraterritorial powers. In addition to the powers enumerated herein, the city shall be vested with all extraterri- torial powers heretofore granted by the prior Charter of the City of Sebastian, Florida, as follows: (1) Acquisition of property. To acquire by purchase, gift, devise, condemnation, lease or otherwise, real or personal property or any estate therein, or riparian rights or easements therein, within or without the city, to be used for any municipal purpose, including cemeteries or places for burial of the dead; streets and highways, public parking lots or spaces; bridge and tunnel sites; the construction of a telephone system; plants, works and wells and other equipment necessary for supplying said city with water, ice, gas for illuminating and heating purposes, and electric power for illumi- nating, heating or power purposes; the location of waterworks and sites for public utility works; the establishment of poor houses, houses of detention and correction; hospitals for the cure or detention of the sick; jails; market houses, public parks, playgrounds, airports, docks, sea walls, yacht harbors, wharves, warehouses, prome- nades; plants for cremating, neutralizing or otherwise destroying sewerage, garbage and refuse; for extension of sewer and drainage pipes and watermains; and for any public or municipal purpose; and to improve, sell, lease, pledge or otherwise dispose of same or any part thereof for the benefit of the city, to the same extent that natural persons might do, in the manner provided in this Charter. (2) Docks, wharves, sea walls. To establish, construct, maintain, operate and control public landings, piers, wharves and docks within and without the city, and to acquire lands, riparian rights or other rights and easements necessary for such purposes; to control and regulate the operation of boats and the speed thereof; to lay and collect reasonable duties, charges or fees on vessels or watercraft coming into or using such landings, wharves, and docks; to regulate the manner of using any and all wharves and docks within and without the city and the rates of wharfage or charges to be paid by vessels or other watercraft using the same. (3) Use of public lands and waters. To regulate and control the use and occupancy of the waters, waterways, water bottoms, wharves, causeways, bridges, beaches, streets, .State law reference-Home rule powers generally, F.S. ~ 166.021. Supp. No. 22 CHT:3 ~ 1.02 SEBASTIAN CODE thoroughfares, alleys, parks, public lots, and other public places in the city and municipally owned or leased property within or without the city limits; and to impose and enforce adequate penalties for violation of such rules and regulations. (4) Public utilities. 'Ib furnish any and all local public services, including electricity, gas, water, lights, or transportation, and to charge and collect nece~ary 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. 'Ib acquire in any lawful manner in the State of Florida sud> 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. (5) Abatement of nuisances. Th 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. (6) Dairies and stock. 'Ib provide for inspecting and regulating the sanitary condition of all dairies, butcher pens, slaughter houses, 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. (7) Airports. 'Ib purchase, acquire, take hold, establish, construct, equip, maintain and operate municipal airports, landing fields, hangars, aviation terminals and adminis- tration buildings, runways depots, warehouses, garages, repair shops, oil and fuel tanks or 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) miles of the boundaries thereoffor 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, Supp. No. 22 CHT:4 CHARTER ~ 1.02 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. (8) Contracts with other governmental agencies. 'Ib enter into contracts with the State of Florida or any of its subdivisions or agencies, and with the United States of America or any department or any agency thereof, in order to purchase, lease or acquire property, real and personal, within or without the limits of the territorial boundaries ofthe city, for any municipal purpose, and to sell, alienate, convey, lease or otherwise dispose of same for the benefit and advantage of said city. (9) To convey to United States or State of Florida. 'Ib acquire real estate or any interest therein, located within or without the territorial limits of said city, by purchase, gift, devise, condemnation or otherwise, for the purpose of giving, granting or conveying the same to the United States of America or the State of Florida, or any lawful agency or subdivision thereof, whenever the city council of said city shall deem it advisable, beneficial and to the best interest of said city so to do, or in order to induce the construction of public institutions and public works of any and all kinds. (10) Golf course. 'Ib acquire, construct, own and operate a golf course or golf courses and all such buildings and improvements as said city may deem necessary or desirable for use in connection therewith, within or outside of the limits of said city; to use any lands now owned by said city for the purpose of a golf course or golf courses, and to acquire by purchase, lease, condemnation or otherwise for such purposes any lands within or outside the limits of said city as it may deem necessary or desirable, to charge reasonable admissions, rentals or fees for the use or enjoyment of such golf course or golf courses by the users thereof, and prescribe reasonable rules and regulations for the use and operation thereof. (11) Eminent domain. To exercise the right and power of eminent domain, that is, the right to appropriate property within or without the territorial limits of said city for the following uses or purposes: For streets, lanes, alleys and ways, for public parks, squares and grounds, for drainage and for raising or filling in land in order to promote sanitation and healthfulness, for reclaiming and filling when lands are low or wet or overflowed, altogether or at times and entirely or partly, for the abatement of any nuisance, for the use of water pipes and for sewage and drainage purposes, for laying wires and conduits under the ground, for city buildings, waterworks, pounds, electric power plants, bridges, sea walls, bulkheads, causeways, docks, golf courses, airports and any and all other powers granted to said city by this Charter and for any other municipal purpose and for any other purpose granted by law, all of which shall be coextensive with the powers of the City of Sebastian exercising the right of eminent Supp. No. 22 CHT:5 ~ 1.02 SEBASTIAN CODE domain and the absolute fee simple title to all property so taken and acquired shall vest in said city unless the city seeks to condemn a particular right or estate in such property. That the procedure for the exercise of eminent domain or the condemnation of any lands or property under this subsection shall be the same as is provided by the general laws ofthe State of F10rida with respect to eminent domain. (Res. No. R-88-16, ~ 2,1-13-88; election of 3-14-89; Ord. No. 0-93-21, ~~ 1-3, 1-12-94, election of 3-8-94; Ord. No. 0-99-18, ~ 1, 11-3-99, election of 3-14-00) State law reference-Municipal home rule powers, F.S. ch. 166. Sec. 1.03. Intergovernmental relations. The city may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise with any city, county, state, the United States or any agency or governmental unit thereof. State law reference-Intergovernmental programs, F.S. ch. 163. Sec. 1.04. Boundaries. The corporate limits of the city shall be as presently established or as hereafter changed pursuant to state law. State law reference-Municipal annexation or construction, F.S. ch. 171. Sec. 1.05. Existing businesses may continue after annexation. . Any real property upon which a lawful business is being conducted at the time the same is taken into the corporate territory of the city, during the continuance of the same business it shall be granted the same privileges, immunities and exemptions as though any such business had been conducted within the city for the time of operation prior to annexation to the city at such location. ARTICLE II. CITY COUNCIL 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. (Ord. No. 0-91-29, * 1, 1-8-92; Ord. No. 0-93-03, ~ 1, 1-27-93) 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. (Ord. No. 0-84-1, ~ 1, 2-1-84; Ord. No. 0-93-03, ~ 2, 1-27-93) Supp. No. 22 CHT:6 CHARTER ~ 2.06 Sec. 2.03. Election. (a) The office of mayor, whose term expires in March, 1994; shall be filled upon such expiration as provided in section 2.06 oftbis Charter. Thereafter, there shall be held a general election of two (2) council members on the second Tuesday in March 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; provided that the city council shall have the authority to submit by ordinance to the voters a referendum for the election of city council by districts to be designated by the city council. (Ord. No. 0-91-29, ~ 1, 1-8-92; Ord. No. 0-93-03, ~ 3, 1-27-93) Sec. 2.04. Terms. (a) The terms of the council members shall be for two (2) years, or until a successor has been duly elected or appointed and sworn. (b) The term of each newly elected council member shall begin on the Monday following the election, at a special meeting of the city council to be held for the purpose of swearing in such newly elected officials. If a regular city council meeting is to be held the Monday following the election, the newly elected officials shall be sworn in at the conclusion of such regular meeting. (Ord. No. 0-91-29, ~ 1, 1-8-92; Ord. No. 0-93-03, ~ 4, 1-27-93) Sec. 2.05. Compensation. The mayor, vice-mayor and each of the other council members shall be paid the following amounts on a monthly basis: (1) Mayor: Four hundred fifty dollars ($450); (2) Vice-mayor: Three hundred dollars ($300); and (3) Council members: Three hundred dollars ($300). (Res. No. R-82-22, 9-8-82; Res. No. R-87-04, ~ VI, 2-4-87; Ord. No. 0-91-29, ~ 1, 1-8-92; Ord. No. 0-93-02, * 1, 1-27.93; Ord. No. 0-99-22, * 1, 11-3-99, election of 3-14-00) See. 2.06. Mayor; vice-mayor. (a) Mayor-Selection and term. Commencing March 1994, after the seating of any newly elected council members, at the first scheduled city council meeting subsequent to the second Tuesday in March, the new city council sh~, 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 Supp. No. 22 CHT:7 ~ 2.06 SEBASTIAN CODE 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) If 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 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, 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. At the first regularly scheduled city council meeting subsequent to the second Thesday ill March, 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. (Ord. No. 0-91-30, ~ 1, 1-8-92; Ord. No. 0-93-03, ~ 5, 1-27-93; Ord. No. 0-99-23, ~ I, 11-3-99, election of 3-14-00) Sec. 2.07. General powers and duties. All powers of the city shall be vested in the city council, except as otherwise provided by law or this Charter, and the city council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. (Ord. No. 0-91-29, ~ I, 1-8-92) Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of council member or the mayor shall become vacant upon hislher death, resignation, removal from office in any manner authorized by law or forfeiture ofhislher office. Supp. No. 22 CHT:8 CHARTER ~ 2.09 (b) Forfeiture of office. A council member or the mayor shall forfeit his/her office if helshe: (1) Lacks at any time during hislher 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) Filling vacancies. In the event of a vacancy in the office of a council member, the city council shall, by taking individual nominations and voting thereupon, appoint a person having the qualifications of council member to occupy such office until the earlier of (1) the seating of a successor elected by the electorate of the city at the next general municipal election for the city where the qualifying period for seeking election for council members has not expired, or (2) for the remainder of the unexpired term of the council office in which the vacancy exists. In the event a successor is to be elected for the unexpired term, the candidates shall run specifically for that seat on the council. However, if there is no general election within a six-month period of the occurrence of the vacancy and the unexpired term for the vacant seat exceeds six months, a special election shall be held with all due haste to elect a successor, and the appointee shall serve until the successor is seated at the first regular meeting of the council following certification of the election results. (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) Editor's note-Section 1 ofOrd. 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. Sec. 2.09. Judge of qualifications. The city council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. Upon the filing by a sitting member of council of a written charge that a member has committed conduct violating section 2.08(b), the city council must vote whether said charge would, ifproved, constitute a violation and whether a reasonable basis exists for believing the violation occurred, and upon an affirmative determination by the majority, a special meeting shall be scheduled within thirty (30) days for a hearing on the charge. Alternatively, a member charged by a member of the public with conduct constituting grounds for forfeiture of hislher office shall be entitled to a public hearing on demand. Notice of such hearing shall be published in one (1) or more Supp. No. 22 CHT:9 ~ 2.09 SEBASTIAN CODE newspapers of general circulation in the city at least one (1) week in advance of the hearing. Decisions made by the city council under this section shall be subject to review by the courts. (Ord. No. 0-88-43, ~ 3,1-11-89; Ord. No. 0-91-29, ~ 1,1-8-92; Ord. No. 0-99;25, ~ 1, 11-3-99, election of 3-14-00) Editor's note-Section 3 of Ord. No. 0-88-43, adopted January 11, 1989, renumbered ~ 2.10 as ~ 2.09. Sec. 2.10. City council-employee relationship. Neither the city council nor any ofits members shall in any manner dictate the appointment or removal of any city employee except the charter officers nor shall the city councilor any of its members give orders to any employee, other than city council orders to a charter officer. The city council or its members shall implement all policy matters through the appropriate charter officer. (Ord. No. 0-88-43, ~ 4, 1-11-89; Ord. No. 0-91-29, ~ 1, 1-8-92) Editor's note-See the editor's note following ~ 2.09. Sec. 2.11. Investigations. The city council may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be guilty of a misdemeanor. (Ord. No. 0-88-43, ~ 8, 1-11-89; Ord. No. 0-91-29, ~ 1,1-8-92) Editor's note-Sections 5-7 of Ord. No. 0-88-43, adopted January 11, 1989, repealed former ~~ 2.11-2.13 which pertained to the city manager, city clerk and city treasurer and derived from the Charter adopted October 9,1978, by Ord. No. 0-78-9. Sections 2.14-2.19 of the Charter were renumbered as ~~ 2.11-2.16 by ~~ 8-13 of Ord. No. 0-88-43. Sec. 2.12. Procedure. (a) Meetings. The city council shall meet regularly at least once a month at such times and places as the city council may prescribe by resolution. Special meetings of the city council may be held on the call of the mayor or any council member. Whenever practical, each council member shall receive at least twelve (12) hours advance notice of any special council meeting called. If a public emergency as defined under Florida law exists any council member or charter officer may call a special meeting, and the twelve (12) hour advance notice requirement shall be waived. All city council meetings shall be public meetings, except as otherwise permitted by law. (b) Rules and journal. The city council shall determine its own rules and order of business and shall provide for keeping ajournal ofits proceedings. This journal shall be a public record. (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 Supp. No. 22 CHT:lO CHARTER ~ 2.14 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 ofthree (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) Editor's note-See the editor's note following ~ 2.11. Sec. 2.13. Emergency ordinances. 'Ib meet a public emergency affecting life, health, property or the public peace, the city council may adopt one (1) or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except an emergency appropriation. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least four (4) members .ghall be required for adoption. After its adoption the ordinance shall be posted as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except an emergency appropriation shall automatically stand repealed as of the ninety-first (91st) day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (Ord. No. 0-88-43, ~ 10, 1-11-89; Ord. No. 0-91-29, ~ I, 1-8-92) Editor's note-See the editor's note following ~ 2.11. State law reference--Uniform minimum requirements for adoption of ordinances, F.8. ~ 166.041. Sec. 2.14. Codes of technical regulations. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally, except that: (1) The requirements of state law for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance; and (2) A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the city clerk. (Ord. No. 0-88-43, ~ 11, 1-11-89; Ord. No. 0-91-29, ~ 1, 1-8-92) Editor's note-See the editor's note following ~ 2.11. Supp. No. 35 CHT:11 ~ 2.15 SEBASTIAN CODE Sec. 2.15. Authentication and recording; codification; printing. (a) Authentication and recording. The city clerk shall authenticate by such clerk's signature and record in full in a properly indexed book kept for such purpose all ordinances and resolutions adopted by the city council. (b) Codification. The city council shall provide for the preparation of a general codification of all city ordinances and resolutions having the force and effect oflaw. The general codification shall be adopted by the city council by ordinance and shall be published promptly in bound or looseleaf form, together with this Charter and any amendments thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This codification shall be known and cited officially as the Code of Ordinances of the City of Sebastian, Florida. Copies of the Code shall be furnished to city officers, placed in libraries and public offices for free public reference, and made available for purchase by the public at a reasonable price fixed by the city council. The Code of Ordinances of the City of Sebastian, Florida, as amended as of the effective date of this ordinance, is hereby validated, confirmed and shall be admissible in evidence in the courts of the state without proof of any procedural notice or action relating to their adoption. (c) Printing of ordinances and resolutions. The city council shall cause each ordinance and resolution having the force and effect of law and each amendment to this Charter to be printed following its adoption, and the printed ordinances, resolutions and charter amendments shall be distributed or sold to the public at reasonable prices to be fixed by the city council. Following publication of the first Sebastian City Code and at all times thereafter, the ordinances, resolutions and charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for integration therein. (Ord. No. 0-88-43, ~ 12, 1-11-89; Ord. No. 0-91-29, ~ 1, 1-8-92) Editor's note-See the editor's note following ~ 2.11. Sec. 2.16. Standing committees. (a) Standing committees may be appointed by the city council. The membership, powers and duties of such committees shall be provided by the resolution or ordinance of the city council. (b) Periodic reports to the city council shall be made by the standing committees as to the accomplishments and future activities contemplated by each standing committee, as directed by the city council. (Ord. No. 0-88-43, ~ 13, 1-11-89; Ord. No. 0-91-29, ~ 1, 1-8-92; Ord. No. 0-91-30, ~ 4, 1-8-92; Ord. No. 0-99-27, ~ 1, 11-3-99) Editor's note-See the editor's note following ~ 2.11. Supp. No. 35 CHT:12 CHARTER ~ 3.03 ARTICLE m. ADMINISTRATION AND LEGAL DEPARTMENTS* DMSION 1. GENERALLY Sec. 3.01. Creation. (a) The city council may establish city departments, offices or agencies in addition to those expressly created in the City Charter and may prescribe the functions of all departments, offices and agencies. Notwithstanding the foregoing sentence, no function specifically assigned in the City Charter to a particular department, office or agency may be discontinued or reassigned to a different department, office or agency by the city council, except to the extent allowable .under the provisions of the City Charter. (b) The city manager, city clerk and city attorney are designated Charter officers. (Ord. No. 0-88-43, ~ 14, 1-11-89; Ord. No. 0-91-29, * 1, 1-8-92; Ord. No. 0-93-02, * 4,1-27-93) Sec. 3.02. Appointment [of Charter officers]. The Charter officers shall be appointed by the city council and serve at the pleasure of the city council subject to the provisions of section 3.03 of this article. (Ord. No. 0-88-43, * 14, 1-11-89; Ord. No. 0-91-29, * 1, 1-8-92) 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 majority vote of the entire 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 council may, by a vote at least three (3) council members that said charge would, if proved, constitute a violation and that a reasonable basis exists for believing the violation occurred, fonnally charge the named Charter officer with misconduct and immediately suspend such Charter officer form 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 ofthe hearing, the suspended Charter officer shall be removed if the city council fmds, by a vote of at least *Editor's note-Section 14 ofOrd. No. 0-88-89, adopted January 11, 1989, repealed fonner Art. III, which contained ** 3.01-3.05, and enacted a new article III to read as set out herein. The repealed article pertained to similar provisions and derived from the Charter adopted by Ord. No. 0-78-9 on October 19, 1978. Supp. No. 22 CHT:13 ~ 3.03 SEBASTIAN. CODE three (3) 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) Sec. 3.04. City manager; powers and duties. (a) The city manager shall be the chief administrative officer of the city. (b) The city manager, when necessary, shall appoint, suspend, demote, or dismiss any city employee under his jurisdiction in accordance with the law and the personnel rules of the city and may authorize any department head to exercise these powers with respect to subordinates in his respective department. (c) The city manager shall direct and supervise the administration of all departments of the city except the offices of the city clerk and city attorney. He shall attend all city council meetings unless excused by city council and shall have the right to take part in discussions, but not vote. (d) The city manager shall see that all laws, Charter provisions, ordinances, resolutions, and other acts of the city council subject to enforcement by the city manager are faithfully executed. (e) The city manager shall also prepare and submit the annual budget, budget message, and capital program to the city council and shall keep the city council fully advised as to the financial condition and future needs of the city, and shall make such recommendations to the city council concerning the affairs of the city as he deems desirable. The city council shall adopt the annual budget, millage rate and capital program, as presented or as modified, by resolution. (I) The city manager shall designate a qualified city employee to exercise the powers and perform the duties of city D;lanager during any temporary absence or disability of the city manager. The city council may revoke such designation at any time and appoint another eligible person, other than a sitting council member, to serve as acting city manager. (g) The city manager, as authorized by the city Charter, the Sebastian Code of Ordinances, or by the direction of the city council, shall sign all contracts, bonds, debentures, franchises and official documents on behalf of the city, which shall also be attested by the city clerk. (Ord. No. 0-88-43, ~ 14, 1-11-89; Ord. No. 0-91-29, ~ 1, 1-8-92; Ord. No. 0-91-30, ~ 5, 1-8-92; Ord. No. 0-99-23, ~ I, 11-3-99, election of 3-14-00; Ord. No. 0-99-30,* I, 11-3-99, election of 3-14-00) Supp.No.22 CHT:14 CHARTER fi 3.09 Sec. 3.05. City clerk. The city clerk shall give notice of city council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned to the clerk by this Charter or by the city council. (Old. No. 0-88-43, fi 14, 1-11-89; Old. No. 0-91-29, fi 1, 1-8-92) DIVISION 2. POLlCE DEPARTMENT Sec. 3.06. Creation; chief. There shall be a police department which shall consist of a chief of police and such other sworn and non-sworn employees as may be determined by the city council. The chief of police shall be the head of the police department and shall direct the activities of its members and police department employees. The chief of police shall be appointed by the city manager. The mayor may, as provided by law, appoint and discharge special policemen in times of riot or public emergency. (Ord. No. 0-88.43, fi 14, 1-11-89) Sec. 3.07. Chief of police-Duties and authority. It shall be the duty of the chief of police to attend meetings of the city council as directed by the city manager; to aid in the enforcement of order and to enforce the city's ordinances, to execute all papers and processes of the city or its authorities; and to perform such other duties as may be lawfully required of himlher. (Ord. No. 0-88-43, fi 14, 1-11-89) Sec. 8.08. Same-Officers. The chief of police and all sworn police officers shall have the power to bear arms and make arrests as provided by Florida law and/or as may be provided by ordinance adopted by the city counciL (Ord. No. 0-88-43, fi 14, 1-11-89; Ord. No. 0-93-02, fi 6, 1-27-93) DIVISION 3. LEGAL Sec. 3.09. City attorney. (a) There shall be a city attorney of the city who shall serve as chief legal advisor to the city council, the mayor and all city departments, offices and agencies, shall represent the city in all legal proceedings and shall perform any other duties prescribed by this Charter or by ordinance. Supp. No. 22 CHT:15 ~ 3.09 SEBASTIAN CODE (b) The city council shall have authority to retain additional counsel in specific actions or proceedings in its discretion. Also, the city council may provide by ordinance for the additional office of and the appointment of an assistant city attorney when the weight of the city attorney's duties increases to such an extent that the city council deems such action advisable or necessary. (c) The city attorney shall receive such compensation as may be determined by the city council. (Ord. No. 0-88-43, ~ 14, 1-11-89; Ord. No. 0-91-29, ~ I, 1-8-92) ARTICLE Iv. ELECTIONS* Sec. 4.01. Adoption of state election laws. All general laws of the State of Florida, relating to elections and the registration of persons qualified to vote therein which are not inconsistent or in conflict with the provisions hereof or the ordinances of the City of Sebastian, shall be applicable to all city elections. 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 forty-five (45) days, but no more than sixty (60) days, prior to the day of the election, along with payment of a nonrefundable filing fee as provided by law. (Ord. No. 0-91-29, ~ 1, 1-8-92; Ord. No. 0-93-04, !i 1, 1-27-93; Ord. No. 0-99-31, ~ 1, 11-3-99, election of 3-14-00) Sec. 4.03. Reserved. Editor's note-Section 4.03, pertaining to special municipal elections to elect elective officers was repealed in its entirety by Ord. No. 0-93-04, ~ 2, adopted January 27, 1993. See. 4.04. Special election for other purposes. A special election for a purpose other than the nomination or election of city officials, may be authorized by resolution at any time by the city council; provided, not less than thirty (30) days nor more than sixty (60) days intervene between the date of the adoption of the resolution and the date of the election, unless a different time be otherwise provided in this Charter by ordinance or by statutory law or constitutional provisions, under authority of which the *State law reference-Electors and elections, F.S. ch. 97 at seq. Supp. No. 22 CHT:16 CHARTER ~ 4.08 election is called. Any matter or matters which by the terms of this Charter, which may be submitted to the electors of the city at any special election, may be submitted and voted upon at the regular municipal election. Sec. 4.05. Calling an election by resolution. All elections shall be called by proclamation of the mayor issued not less than thirty (30) days before such election and shall be conducted except as otherwise specifically provided, under the provisions of the general election laws of the state, when not inconsistent with the provisions of this Charter. Should the mayor fail or refuse to call any election in due time, the city council shall do so hy resolution. Sec. 4.06. Reserved. Editor's note-Section 4.06, pertaining to election precincts and polling places and the right for the city to designate same, derived from Ord. No. 0-91-29, ~ 1, adopted January 8, 1992. Ord. No. 0-93-04, ~ 3, adopted January 27, 1993, repealed this section in its entirety. Sec. 4.07. Elections-How arranged; inspectors and clerks. The city council, in conjunction with the city clerk, shall make all necessary arrangements for holding all city elections and shall declare the results thereof. The city council shall adopt a resolution, upon the calling of an election, ststing therein where the election shall be held, and naming the different offices to be filled, or questions to be decided, and shall cause the notice of the election to be published in accordance with Florida law. (Ord. No. 0-91-29, ~ 1, 1-8-92; Ord. No. 0-93-04, ~ 4, 1-27-93) Sec. 4.08. Same-City canvassing board; canvass of election returns. (a) If the city is not holding its election as a part of the election for Indian River County, Florida, the city clerk shall appoint a city canvassing board to be composed of three (3) individuals; one (1) member shall be the city clerk, one (1) member shall be the city attorney, and the remaining member shall be appointed by the city clerk. The city clerk shall act as chairperson of the city canvassing board. (b) When a city canvassing board has been constituted, the city canvassing board shall meet at a place and time designated by the chairperson, as soon as practicable after the close of the polls of any municipal election involving the city, at which time, the city canvassing board shall proceed to publicly canvass the absentee electors' ballots and then publicly canvass the vote as shown by the returns then on me in the office of the supervisor of elections for Indian River County, Florida. The city canvassing board shall prepare and sign a certificate containing the total number of votes cast for each person or other measure voted on. The certificate shall be placed on file with the city clerk. (c) The city council shall hold a special meeting on the first Monday following the election for the purpose of receiving the certificate of the county canvassing board of the returns for Indian River County, Florida, or the city canvassing board, as the case may be. The city council Supp. No. 22 CHT:17 ~ 4.08 SEBASTIAN CODE shall then declare the results of the election and enter them in the minutes of the special meeting. Any oath of office required to be administered to the newly elected council members shall be administered at such special city council meeting or at the next city council meeting where the newly elected council members are in attendance. (Ord. No. 0-93-04, ~ 5, 1-27-93; Ord. No. 0-99-32, ~ I, 11-3-99, election of 3-14-00) Sec. 4.09. Same-Ballots. The ballots shall conform to the form of ballots prescribed by the general election laws of the State of Florida. (Ord. No. 0-93-04, ~ 6,1-27-93) Sec. 4.10. Voting machines. The city is hereby authorized to use voting machines.in the holding of all city elections, general or special. State law reference-Electronic voting systems act, F.S. ~ 101.5601 et seq. Sec. 4.11. Absentee voting. Absentee voting shall be permitted in all municipal elections in the same manner as now, or hereafter provided for in connection with .state and county elections. State law reference-Absentee balloting, F.S. ~ 101.62 et seq. 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 question shall be decided by a special run-off election between the tied candidates to be held no later than thirty (30) days after the results of the initial election are declared by city council. (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, ~ I, 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. Sec. 4.13. Conduct of candidates for election office. No candidate shall violate the provisions of Florida Statutes Chapter 104, (the Florida Election Code) as now constituted or as amended in the future. A violation of any of these provisions shall disqualify such candidate from holding office, if elected, and the person receiving the majority of the votes cast, observing the foregoing conditions, shall be entitled to the office. Supp. No. 22 CHT:18 CHARTER ~ 5.03 Any sitting member of council or candidate therefore may file a written charge with the city clerk, prior to opening of the meeting in which the election results are declared, that specifies an alleged violation ofthis provision by a candidate having been elected. The city council must vote whether said charge would, if proved, constitute a violation and whether a reasonable basis exists for believing the violation occurred, and upon an affirmative determination by the majority, a special meeting shall be scheduled within thirty (30) days for a hearing on the charge in which the procedures of section 2.09 apply. Upon a finding by a majority vote of the whole council that a violation of any of these provisions occurred, such a finding shall disqualify such candidate from holding office, and the person receiving the majority of the votes cast, observing the foregOing conditions, shall be entitled to the office. (Ord. No. 0-99-34, ~ 1, 11-3-99, election of 3-14-00) State law references-Election violations, F. S. ch. 104; candidates, F.8. ch. 106; Code of ethics for public officers and employees, F.S. ~ 112.311 et seq. Sec. 4.14. Interim government. Should a condition arise where there should be no city council serving, either through death, resignation 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. ARTICLE V. GENERAL PROVISIONS See. 5.01. Severability of provisions. If for any reason any section, paragraph or part of this Charter shall be held invalid or unconstitutional, that fact shall not affect, invalidate or destroy any other section, paragraph or part of this Charter, and the remaining portions thereof shall remain in full force and effect without regard to the section, paragraph or portion invalidated. (Ord. No. 0-93-02, ~ 7, 1-27-93) Sec. 5.02. Effective date. This Charter shall take effect January 1, 1979. See. 5.03. Charter review committee. Not later than April 15 of the year 1999 and of every 7th year thereafter, the city council shall appoint a charter review committee to review the Charter of the city. Each charter review committee shall consist of fifteen (15) residents of the city. The committee shall otherwise be Supp. No. 22 CRT: 19 ~ 5.03 SEBASTIAN CODE appointed in the manner provided by the Code of Ordinances. The committee shall be funded by the city council and shall be known as the "City of Sebastian Charter Review Committee." It shall, within six (6) months from the date ofits formation, present to the city council its final recommendation for amendment of the Charter or its recommendation that no amendment is appropriate. If amendment is to be recommended, the charter review committee shall conduct two (2) public hearings, at intervals of not less than fourteen (14) days, prior to the transmittal ofits recommendations to the city council. The city council may by ordinance submit any or all of the recommended amendments to the electors for vote at the next general election held within the city or at a special election called for said purpose. (Ord. No. 0-98-13, ~ 1, 10-14-98) Editor's note-Ord. No. 0-98-13, ~ 1, amended the Charter byadding ~ 5.03 to read as herein set forth. Such amendment was approved by the voters at an election held Mar. 9, 1999. ARTICLE VI. TRANSITION Sec. 6.01. Title to property reserved. The title, rights and ownership of all real and personal property, taxes due and unpaid, uncollected permits, dues, fees, judgments, choses in action, penalties, decrees and all property rights held or owned by the City of Sebastian, shall succeed to and be vested in the City of Sebastian, a municipal corporation created, existing and organized under the provisions of this Charter. Secs. 6.02, 6.03. Reserved. Editor's note-Ord. No. 0-99-36, ~.1, adopted Nov. 3, 1999, and approved by the voters at an election held Mar. 14, 2000, repealed ~~ 6.02, 6.03, which pertained to unimpaired obligations ofthe city and holdover of city officers and employees pursuant to the adoption of the 1979 Charter. Sec. 6.04. Ordinances preserved. All ordinances in effect upon the adoption of this Charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. Sec. 6.05. Continuation of former Charter provisions. All provisions of the former city Charter which are not embraced herein and which are not inconsistent with this Charter shall become ordinances of the city subject to modification or repeal in the same manner as other ordinances of the city. Supp. No. 22 CHT:20 ELECTION QUALIFYING DOCUMENTS The FollowinQ Are Forms To Be Filled Out And Submitted Durina The Qualifvina Period . Form DS-DE9 "Appointment Of Campaign Treasurer And Designation Of Campaign Depository For Candidates" (This Fonm May Be Submitted Prior To The Qualifying Period - Once Submitted And A Bank Account Established A "Candidate" May Begin Receiving Contributions And Making Expenditures - Note - No Campaign Signs May Be Posted Before February 12, 2006 In Accordance With Land Development Code) . Form DS-DE 24B "Loyalty Oath For Candidates For Public Office" And "Oath Of Candidate" . Form DS-DE 84 "Statement Of Candidate" (Read And Understand Chapter 106 FS) (Must Be Filed Within 10 Days Of Candidate Filing Appointment Of Campaign Treasurer And Designation Of Campaign Depository [106.023 FS] - See Form DS-DE9 Above) . Eligibility To Hold Office Oath Fonm (Section 2.02 Charter) . Form 1 "Statement Of Financial Interests" The Following Forms Are Held By The Candidate Until The Appropriate Reporting Periods (Please Refer To Schedule In Handbook) . Form DS-DE 12 "Campaign Treasurer's Report Summary" (Contributions DS- DE 13 And Expenditures OS-DE 14 Forms Attached) (Five Sets Of Each) . Form DS-DE 87 "Waiver Of Report" The Followinq Links Can be Downloaded from the Florida Division of Elections Site or From the City Website: . Florida Division Of Elections - 2005 Election Laws - http://election.dos.state.fl.us/publications/pdf/electionlawshiqh.pdf . Florida Division of Elections - 2004 Candidate & Campaign Treasurer's Handbook - http://election.dos.state.f1.us/publications/pdf/CandidateHandbook.pdf The Following Publications are enclosed in your candidate packet: . Florida Commission On Ethics "2005 Guide To The Sunshine Amendment And Code Of Ethics For Public Officers And Employees" Manual . Chapter 106 Florida Statutes 9 STATE OF FLORIDA OFFICE USE ONLY APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES (Section 106.021(1), F.S.) (PLEASE TYPE) CHECK APPROPRIATE BOX: D Original Appointment D Deputy Treasurer D Reappointment of Treasurer D Secondary Depository Name of Candidate 1. Address (include post office box or street, city, state. zip code) Telephone (optional) 2. Party (Partisan candidates only) 3. Office (add district, circuit or group number) I have appointed the following person to act as my D Campaign Treasurer D Deputy Treasurer 4. Name of Treasurer or Deputy Treasurer 5. Mailing Address (Ir post office box or drawer add street address) 6. Telephone 7. City 8. County 9. State 10. Zip Code I have designated the following named bank as my 11 Primary Depository I 1 Secondary Depository 11. Name of Bank 12. Street Address 13. City 14. County 15. State 16. Zip Code . 17. Signature of Candidate Date X Campaign Treasurer's Acceptance of Appointment I. , do hereby accept the appointment as (Please Print or Type) D Campaign Treasurer D Deputy Treasurer for the campaign of who is seeking nomination or election as a candidate to the office of (Party) . As a duly registered voter in County, Florida, I am qualified to accept this appointment. UNDER PENAL TIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING CAMPAIGN TREASURER'S ACCEPTANCE OF APPOINTMENT AND THAT THE FACTS STATED ARE TRUE. X Date Signature of Campaign Treasurer or Deputy Treasurer DS-DE 9 (Rev. 08/03) LOYAL TV OATH OFFICE USE ONLY CANDIDATES WITH NO PARTY AFFILIATION (Sections 876.05.876.10, Florida Statutes) STATE OF FLORIDA COUNTY I I (PLEASE PRINT) I I I, First Name Middle Name/Initial last Name a citizen of the State of Florida and of the United States of America. . .. and a candidate for public office. . do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida. OATH OF CANDIDATE (Section 99.021, Florida Statutes) I, (PLEASE PRINT NAME AS YOU WISH IT TO APPEAR ON THE. BALLOT ... NAME MAY NOT BE CHANGED AFTER THE END OF QUALIFYING) am a candidate for the office of , , (office) (district) (circuit) . I am a qualified elector of County, Florida. I am qualified (group) under the Constitution and the Laws of Florida to hold the office to which I desire to be nominated or elected. I have qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with the office I seek; and I have resigned from any office from which I am required to resign pursuant to Section 99.012, Florida Statutes. UNDER PENALTIES OEPERJURY, I DECLARE THAT I HAVE READ THE FOREGOING LOYALTY OATH AND OATH Of' CANDIDATE ANDTHATTHE FACTS STATED IN EACH ARE TRUE. SIGN HERE I Signature of Candidate Mailing Address Day Phone Fax Number City State Zip Code Date Signed OS-DE 248 (Rev. OB/03) OFFICE USE ONLY STATEMENT OF CANDIDATE (Section 106.023, F.S.) (Please Type) I, candidate for the office of have received, read and understand the requirements of Chapter 106, Florida Statutes. x Signature of Candidate Date Each candidate must file a statement with the qualifying officer within 10 days after the Appointment of Campaign Treasurer and Designation of Campaign Depository is filed. Willful failure to file this form is a first degree misdemeanor and a civil violation of the Campaign Financing Act which may result in a fine of up to $1,000, (ss. 106.19(1)(c), 106.265(1), Florida Statutes). OS-DE 84 (Rev. 08/03) (JI'(Of SEBAS~ .c-'.~~~.r HOME Of PWCAN IS1AND ELIGIBILITY TO HOLD OFFICE OF COUNCILMEMBER Section 2.02 - ELIGIBILITY 'No person shall be eligible to hold the office of council member unless he or she is a qualified elector in said city and actually continually resided in said city for a period of one (1) year immediately preceding the final date for qualification as a candidate for said office." I, , candidate for the office 0 Council member, meet the qualifications to be eligible to hold office as required in Section 2.02 of the City of Sebastian Charter, above. Signature of Candidate Sworn to and subscribed before me this day of Notary Public State of Florida SEAL FORM 1 STATEMENT OF 2004 Pleas. print or type your name, mailing I FINANCIAL INTERESTS I address, agency name, and position below: LAST NAME -- FIRST NAME - MIDDLE NAME: FOR OFFICE USE ONLY: MAILING ADDRESS: 10 Code CITY: ZIP: COUNTY : ID No. NAM E OF AGENCY: Canf. Code NAME OF OFFICE OR POSITION HELD OR SOUGHT: P Req. Code CHECK ONLY IF D CANDIDATE OR D NEW EMPLOYEE OR APPOINTEE PDF 2004 "BOTH PARTS OF THIS SECTION MUST BE COMPLETEO" DISCLOSURE PERIOD: THIS STATEMENT REFLECTS YOUR FINANCIAL INTERESTS FOR THE PRECEDING TAX YEAR, WHETHER BASED ON A CALENDAR YEAR OR ON A FISCAL YEAR PLEASE STATE BELOW WHETHER THIS STATEMENT IS FOR THE PRECEDING TAX YEAR ENDING EITHER (check one): 0 DECEMBER 31. 2004 OR 0 SPECIFY TAX YEAR IF OTHER THAN THE CALENDAR YEAR: MANNER OF CALCULATING REPORTABLE INTERESTS: THE LEGISLATURE ALLOWS FILERS THE OPTION OF USING REPORTING THRESHOLDS THAT ARE ABSOLUTE DOLLAR VALUES, WHICH REQUIRES FEWER CALCULATIONS. OR USING COMPARATIVE THRESHOLDS. WHICH ARE USUALLY BASED ON PERCENTAGE VALUES (see instructions for further details). PLEASE STATE BELOWVVHETHER THIS STATEMENT REFLECTS EITHER (check one): 0 COMPARATIVE (PERCENTAGE) THRESHOLDS QB 0 DOLLAR VALUE THRESHOLDS PART A -- PRIMARY SOURCES OF INCOME [Major sources of income to the reporting person] NAME OF SOURCE SOURCE'S DESCRIPTION OF THE SOURCE'S OF INCOME ADDRESS PRINCIPAL BUSINESS ACTIVITY PART B -- SECONDARY SOURCES OF INCOME [Major customers, clients, and other sources of income to businesses owned by the reporting person] NAME OF NAME OF MAJOR SOURCES ADDRESS PRINCIPAL BUSINESS BUSINESS ENTITY OF BUSINESS' INCOME OF SOURCE ACTIVITY OF SOURCE PART C -- REAL PROPERTY [Land, buildings owned by the reporting person] FILING INSTRUCTIONS for when and where to file this form are locat- ed at the bottom of page 2. INSTRUCTIONS on who must file this form and how to fill it out begin on page 3. OTHER FORMS you may need to file are described on page 6. CE FORM 1 - Eft 1/2005 (Continued on reverse side) PAGE 1 PART 0 -INTANGIBLE PERSONAL PROPERTY [Stocks, bonds, certificates of deposit, etc.] TYPE OF INTANGIBLE BUSINESS ENTITY TO WHICH THE PROPERTY RELATES PART E - LIABILITIES [Major debts] NAME OF CREDITOR ADDRESS OF CREDITOR PART F - INTERESTS IN SPECIFIED BUSINESSES [Ownership or positions in certain types of businesses] BUSINESS ENTITY # 1 BUSI NESS ENTITY # 2 BUSINESS ENTITY # 3 NAME OF BUSINESS ENTITY ADDRESS OF BUSINESS ENTITY PRINCIPAL BUSINESS ACTIVITY POSITION HELD WITH ENTITY I OWN MORE THAN A 5% INTEREST IN THE BUSINESS NATURE OF MY OWNERSHIP INTEREST IF ANY OF PARTS A THROUGH F ARE CONTINUED ON A SEPARATE SHEET, PLEASE CHECK HERE D SIGNATURE (required): DATE SIGNED (required): FILING INSTRUCTIONS: WHAT TO FILE: WHERE TO FILE: WHEN TO FILE: After completing all parts of this tonn, including If you were mailed the form by the Commission Initially, each local officer/employee, state signing and dating it, send back only the first on Ethics or a County Supervisor of Elections officer, and specified state employee must sheet (pages 1 and 2) for filing. for your annual disclosure filing, return the form file within 30 days of the date of his or her to that location. appointment or of the beginning of employ- Local officers/employees file with the Supervisor ment. Appointees who must be confirmed by of Elections of the county in which they perma- the Senate must file prior to confirmation, even nently reside. (If you do not permanently reside if that is less than 30 days from the date of their NOTE: in Florida, file with the Supervisor of the county appointment. MULTIPLE FILING UNNECESSARY: where your agency has its headquarters.) Candidates for publicly-elected local office Generally, a person who has filed Form 1 for a State officers or specified state employees must file at the same time they file their calendar or fiscal year is not required to file a file with the Commission on Ethics, P.O. Drawer qualifying papers. second Form 1 for the same year. However, a 15709, Tallahassee, FL 32317-5709; physical Thereafter, local officers/employees, state candidate who previously filed Form 1 because address: 3600 Maclay Boulevard, South, Suite officers, and specified state employees are of another public position must at least file a copy 201, Tallahassee, FL 32312. required to file by July 1 st following each of his or her original Form 1 when qualifying. Candidates file this form together with their calendar year in which they hold their posi- qualifying papers. tions. To determine what category your position Finally, at the end of office or employment, falls under, see the 'Who Must FileR Instructions each local officer/employee, state officer, and on page 3. specified state employee is required to file a final disclosure fonn (Form 1 F) within 60 days of leaving office or employment. CE FORM 1 - Eff. 1/2005 PAGE 2 FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS CAMPAIGN TREASURER'S REPORT SUMMARY (1) OFFICE USE ONLY Name (2) Address (number and street) City, State, Zip Code o CHECK IF ADDRESS HAS CHANGED (3) ID Number: (4) Check appropriate box(es): o Candidate (office sought): o Political Committee o CHECK IF PC HAS DISBANDED o Committee of Continuous Existence o CHECK IF CCE HAS DISBANDED o Party Executive Committee o Eiectioneering Communication o CHECK IF NO OTHER ELECTIONEERING COMMUNICATION REPORTS WILL BE FILED (5) REPORT IDENTIFIERS Cover Period: From I I To I I Report Type ~ ~ ~ - ~ ~ o Original o Amendment o Special Election Report o Independent Expenditure Report (6) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT Monetary Cash & Checks $ Expenditures $ Loans $ Transfers to Office Account $ Total Monetary $ Total Monetary $ In-Kind $ (8) Other Distributions $ (9) TOTAL Monetary Contributions To Date (10) TOTAL Monetary Expenditures To Date $ $ (11) CERTIFICATION It is a first degree misdemeanor for any person to falsify a public record (55. 839.13, F.S.) I certify that I have examined this report and it is true, I certify that I have examined this report and it is true, correct, and complete. correct, and complete. (Type name) (Type name) Dlndividual (only for o Treasurer D Deputy Treasurer D Candidate D Chairperson (only for PC. PTY & electioneering commun.) electioneering commun. organization) X X Signature Signature OS-DE 12 (Rev. 08/04) (1) Type full name of candidate. political committee, committee of continuous existence. party executive committee, or individuai or organization filing an electioneering communication report. (2) Type the address (include city, state, and zip code). You may use a post office box. If the address has changed since the last report filed, check the appropriate box. (3) Type identification number assigned by the Division of Elections. (4) Check one of the appropriate boxes: Candidate (type office sought - include district. circuit, or group numbers) Political Committee Committee of Continuous Existence Party Executive Committee Electioneering Communication If PC or CCE has disbanded and will no longer file reports. check appropriate box. If individual or organization will no longer file electioneering communication reports. check appropriate box. (5) Type the cover period dates (e.g., From 07/01/03 To 09/30/03) Enter the report type using one of the following abbreviations (see Calendar of Election and Reporting Dates). If report is for a special election. add "S" in front of the report code (e.g., SG3). Quarterly Reports General Election Reports January Quarterly............ ..... ............ .............................. Q4 !r:~~e~::::::::::::.:::::::::::::::::::::::::::::::::::::ji April Quarterly .................. .............................................. Q1 b"~io~~:g~:~~~'I~::::::::::::::: ::: ::: :::::: ::::: :::: :::::::::: ::::::::: g; Primary Reports 320d Day Prior...................................... ...................... ...... F1 90-Day Termination Reports (Candidates Only) 1 tD~~yp~~~r :::::::::::::::::::: :::::::: :::::::::::: :::.::~; Termination Report ........................................................ TR Check one of the appropriate boxes: Ori9inal (first report filed for this reporting period) Amendment (an amendment to a previously filed report) Special Election Report Independent Expenditure Report (see Section 106.071, F.S.) . (6) Type the amount of all contributions this report: Cash & Checks Loans Total Monetary (sum of Cash & Checks and Loans) In-kind (a fair market value must be placed on the contribution at the time it is given) (7) Type the amount of all expenditures this report: Monetary Expenditures Transfers to Office Account (elected candidates only) Total Monetary (sum of Monetary Expenditures and Transfers to Office Account) (8) Type the amount of other distributions (goods & services contributed to a candidate or other committee by a PC, CCE or PTY). (9) Type the amount of TOTAL monetary contributions to date (parties keep cumulative totals for 2 year periods at a time (e.g., 01/01/02 - 12/31/03). Candidates keep cumulative totals from the time the campaign depository is opened through the termination report). (10) Type the amount of TOTAL monetary expenditures to date (parties keep cumulative totals for 2 year periods at a time (e.g., 01/01/02 -12/31103). Candidates keep cumulative totals from the time the campaign depository is opened throu9h the termination report). (11) Type or print the required officer's name and have them sign the report: Candidate report (treasurer & candidate must sign) PC report (treasurer & chairperson must sign) CCE report (treasurer must sign) PTY report (treasurer & chairperson must sign) Electioneerina Communication reoortlindividual or oraanization's treasurer & chairoerson must sian) AMENDMENT REPORTS: An amendment report summary should summarize only contributions, expenditures, distributions, & fund transfers being reported as additions or deletions. Read the instructions for the sequence number & amendment type fields on the back of forms OS-DE 13, 14, 14A and 94. The Division will summarize all reoorts submitted for each reoortino oeriod and for the filer to date. INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT SUMMARY CAMPAIGN TREASURER'S REPORT -ITEMIZED CONTRIBUTIONS (1) Name (2) 1.0. Number (3) Cover Period I I through I I (4) Page of , (5) (7) (8) (9) (10) (11) (12) Date Full Name (6) (Last, Suffix, First, Middle) Sequence Street Address & Contributor Contribution In-kind Number City. State, Zip Code Type Occuoation Type Descriotion Amendment Amount I I I I I I I I I I I I I I I I DS-DE 13 (Rey. 08/03) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES . INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT -ITEMIZED CONTRIBUTIONS (1) Type candidate's full name or name of the political committee (PC), committee of continuous existence (CCE) or party executive committee (PTY). Type the identification number assigned by the Division of Elections. Type cover period dates (e.g., 7/1/03 through 9/30/03). (See Calendar and Election Dates for appropriate year and cover periods.) Type page numbers (e.g.,..1.. of ~. Type date contribution was RECEIVED (Month/DaylYear). (2) (3) (4) (5) (6) Sequence Number - Each detail line shall have a sequence number assigned to it. Sequence numbers are to be assigned within each reporting period and for each type of detail line. Thus the report type, detail line type, and sequence number will combine to uniquely identify a specific contribution, expenditure, distribution or fund transfer. This method of unique identification is required for responding to requests from the Division and for reporting amendments. For example, a 01 report having 75 contributions would use sequence numbers 1 through 75. The next report (02), comprised of 40 contributions would use sequence numbers 1 through 40. Contributions on amended 01 reports would begin with sequence number 76 and on amended 02 reports would begin with sequence number 41. See the Amendment Type instructions below. Type full name and address of contributor (including city, state and zip code). Enter the type of contributor using one of the following codes: Individual = I Business = B (also includes corporations, organizations, groups, etc.) Committees = C (includes PC's, CCE's and federal committees) Political Parties = P (includes federal, state ad county executive committees) Other = 0 (e.g., candidate surplus funds to party, etc.) Type occupation of contributor for contributions over $100 only. (If a business, please indicate nature of business.) Enter Contribution Type using one of the following codes: NOTE: Cash includes cash and cashier's checks. (7) (8) (9) DESCRIPITION CODE CAS CHE INK INT LOA DUE REF Cash Check In-kind Interest Loan Membership dues Refund (10) Type the description of any in-kind contribution received. Candidate's Only - If in-kind contribution is from a party executive committee and is allocable toward the contribution limits, type an "A" in this box. If contribution is not allocable, type an "N". (11) Amendment Type (required on amended reports) - To add a new (previously unreported) contribution for the reporting period being amended, enter "ADD" in amendment type on a line with ALL of the required data. The sequence number for contributions with amendment type "ADD" will start at one plus the number of contributions in the original report. For example, amending an original 01 report that had 75 contributions, means the sequence number of the first contribution having amendment type "ADD" will be 76; the second "ADD" contribution would be 77, etc. When amending an original 02 report that had 40 contributions, the sixth "ADD" contribution would have sequence number 46. To correct a previously submitted contribution use the following dropladd procedure. Enter "DEL" in amendment type on a line with the sequence number of the contribution to be corrected. In combination with the report number being amended, this sequence number will identify the contribution to be dropped from your active records. On the next line enter "ADD" in amendment type and ALL of the required data with the necessary corrections thus replacing the dropped data. Assign the sequence number as described above. (12) Type amount of contribution received. Committees of continuous existence ONLY: Any contribution which represents the payment of dues by a member in a fixed amount pursuant to the schedule on file with the Division of Elections need only list the aggregate amount of such contribution, together with the number of members payin9 such dues and the amount of membership dues. (1) Name CAMPAIGN TREASURER'S REPORT -ITEMIZED EXPENDITURES (2) 1.0. Number (3) CoverPeriod~~_through~_I_ (4) Page of (5) (7) (8) (9) (10) (11) Date Full Name Purpose (6) (Last, Suffix, First, Middle) (add office sought if Street Address & contribution to a Expenditure Sequence City, State, Zip Code candidate) Type Amendment Amount Number / / / / / / / / / / / / / / / / DS-DE 14 (Rev. 08/03) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT - ITEMIZED EXPENDITURES (1) Type candidate's full name or name of the political committee (PC), committee of continuous existence (CCE) or party executive committee (PTY). (2) Type identification number assigned by the Division of Elections. (3) Type cover period dates (07/01/03 through 09/30103). (See Calendar and Election Dates for appropriate cover periods. ) (4) Type page numbers (e.g., 1 of ~). (5) Type date of expenditure (Month/DayNear). (6) Sequence Number - Each detail line shall have a sequence number assigned to it. Sequence numbers are to be assigned within each reporting period and for each type of detail line. Thus the report type, detail line type, and sequence number will combine to uniquely identify a specific contribution, expenditure. distribution or fund transfer. This method of unique identification is required for responding to requests from the Division and for reporting requirements. For example, a 01 report having 40 expenditures would use sequence numbers 1 through 40. The next report (02), comprised of 30 expenditures would use sequence numbers 1 through 30. Expenditures on amended Q1 reports would begin with sequence number 41 and on amended 02 reports would begin with sequence number 31. See Amendment Type instructions below. (7) Type full name and address of entity receiving payment (including city, state and zip code). (8) Type purpose of expenditure (if expenditure is a contribution to a candidate, also type the office sought by the candidate). PLEASE NOTE: This column does not apply to candidate expenditures, as candidates cannot contribute to other candidates from campaign funds. However, PCs (supporting candidates), CCEs and party executive committees contributing to candidates must report office sought (Section 106.07, F.S.). (9) Enter Expenditure Type using one of the following codes: DESCRIPTION Disposition of Funds (Candidate) Monetary Petty Cash Withdrawn Petty Cash Spent Transfer to Office Account Refund i CODE t-------------------- i DIS I MaN i PCW I I PCS TOA I REF (10) Amendment Type (required on amended reports) - To add a new (previously unreported) expenditure for the reporting period being amended, enter "ADD" in amendment type on a line with ALL of the required data. The sequence number for expenditures with amendment type "ADD" will start at one plus the number of expenditures in the original report. For example, amending an original 01 reports that had 75 expenditures, means the sequence number of the first expenditure having amendment type "ADD" will be 76: the second "ADD" expenditure would have sequence number 39. To correct a previously submitted expenditure use the following dropladd procedure. Enter "DEL" in amendment type on a line with the sequence number of the expenditure to be corrected. In combination with the report number bein9 amended, this sequence number will identify the expenditure to be dropped from your active records. On the next line enter "ADD" in amendment type and ALL of the required data with the necessary corrections thus replacing the dropped data. Assign the sequence number as described above. (11) Type amount of expenditure. WAIVER OF REPORT (Section 106.07(7), F.S.) (PLEASE TYPE) OFFICE USE ONLY Candidate's Name (Last, Suffix, First, Middle) OR Political Committee, eeE or Party Name Identification Number (Assigned by Division of Elections) Address (Number and Street) Office Sought (Include District, Circuit or Group Number) City State Zip Code D D Candidate D D Committee of Continuous Existence D D Check box if address has changed since last report. Political Committee Party Executive Committee Check here if PC or CCE has DISBANDED and will no longer file reports. TYPE OF REPORT (Check Appropriate Box) QUARTERLY REPORTS PRIMARY ELECTION GENERAL ELECTION 0 January 0 32nd day prior 0 46th day prior 0 April 0 18th day prior 0 32nd day prior 0 TERMINATION REPORT 0 July 0 4th day prior 0 18th day prior 0 0 0 SPECIAL ELECTION October 4th day prior NOTIFICATION OF NO ACTIVITY IN CAMPAIGN ACCOUNT FOR THE REPORTING PERIOD OF through x Signature Date SIGNATURES REQUIRED FOR: Candidates Candidate, Campaign Treasurer or Deputy Treasurer (s. 106.07(5), F.S.) Political Committees Chairman. Campaign Treasurer or Deputy Treasurer (s. 106.07(5), F.S.) Committees of Continuous Existence Treasurer (s. 106.04(4)(c), F.S.) Party Executive Committees Treasurer or Chairman (s. 106.29(2), F.S.) In any reporting period when there has been no activity in the account (no funds expended or received) the filing of the required report is waived. However, the filing officer must be notified in writing on the prescribed reporting date that no report is being filed. OS-DE 87 (Rev. 08/03)