HomeMy WebLinkAboutO-11-09ORDINANCE NO. 0 -11 -09
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 8, 2011, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN THE
QUESTION OF WHETHER TO AMEND SECTION 2.08 OF THE CITY
CHARTER, PROVIDING FOR FILLING VACANCIES ON THE CITY
COUNCIL, PROVIDING BALLOT LANGUAGE AND AN EFFECTIVE
DATE.
WHEREAS, the City Council wishes to call an election in the City of Sebastian on
Tuesday, November 8, 2011, for the purpose of submitting to the electors of the City of
Sebastian the question stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, that:
Section 1. A citywide election is hereby called and shall be held in the City of
Sebastian, Florida, for the purpose of submitting to the qualified electors of the City of
Sebastian the proposed amendment to the City Charter in the form attached hereto and
made a part hereof.
Section 2. The ballot shall be substantially in the following form:
CITY OF SEBASTIAN, FLORIDA
CHARTER AMENDMENT
QUESTION #3
FILLING VACANCIES ON THE CITY COUNCIL
Shall Section 2.08 of the Charter be amended to fill city council vacancies without
calling special elections:
• if there is a scheduled citywide election within 6 months of the vacancy,
the city council may appoint a replacement;
• if there is no election within 6 months, the city council shall appoint a
replacement within 45 days; and
• vacancies are created if there are fewer candidates than city council seats
open for election?
Yes for Approval
No for Rejection
Section 3. The result of such election shall be determined by a majority of the
qualified electors of the City of Sebastian voting on the proposal.
Section 4. EFFECTIVE DATE. This Ordinance shall become effective
immediately upon its adoption effect immediately upon its adoption by the City Council.
he foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
Ze.A.ISht and, upon being put to a vote, the vote was as follows:
Mayor Jim Hill
Vice Mayor Don Wright
Councilmember Andrea Coy
Councilmember Richard Gillmor
Councilmember Eugene Wolf
The ay r thereupon declared this Ordinance duly passed and adopted this /3'�
day of M✓ , 2011.
CITY OF BA.TIAN, FLORIDA
By:
ATT
Sally A. M. o, MMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Robert A. Ginsburg
City Attorney
ayor Jim Hill
I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in
the Vero Beach Press Journal as required by State tatute, that one public hearing on
the Ordinance was held on the /3f= day of 2011, and that following
sad public hearing this Ordinance was passed by City ouncil for placement on the
c b tti �1 B 2011 ballot.
/r,
Salty A. NJaIo, MMC
City Cler
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ATTACHMENT TO ORDINANCE 0 -11 -09
PROPOSED CHARTER AMENDMENT LANGUAGE
Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies.
(a) Vacancies. The office of council member or the mayor shall become vacant upon
his /her death, resignation, removal from office in any manner authorized by law or
forfeiture of his /her office.
(b) Forfeiture of office. A council member or the mayor shall forfeit his /her office if
he /she:
(1) Lacks at any time during his /her term of office any qualification for the office
prescribed by this Charter or by law;
(2) Violates any express prohibition of this Charter;
(3) Is convicted of a crime involving moral turpitude; or
(4) Fails to attend three (3) consecutive regular meetings of the city council without
being excused by the city council.
(c) Filling vacancios. In the event of a vacancy in thc office of a council member, thc
members has not expired, or (2) for the remainder of the unexpired term of the council
However, if there is no general election within a cix month period of the
occurrence of the vacancy and the unexpired term for the vacant c of exceeds six
(c) Filling Vacancies. Any vacancy in the office of council member shall be filled in
accordance with the provisions of this subsection:
(1) If there is a scheduled citywide election within six months of the
occurrence of the vacancy, the remaining members of the city council may either (A)
permit the vacancy to be filled at that election, or (B) appoint a replacement.
(2) If there is no scheduled citywide election within six months of the
occurrence of the vacancy, the remaining members of the city council shall appoint a
replacement within forty -five days.
In the event the city council fills a vacancy by appointment, the person
chosen to fill the office shall at the time of appointment meet the qualifications for a
member of the city council. An appointed city council member shall serve only until the
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next citywide election. If the vacancy has occurred in the term of a city council member
that extends beyond the next citywide election, the remainder of the unexpired term
shall be filled at that election, and the candidates shall run specifically for that seat on
the city council.
(d) Filling Vacancies in Candidacy. In the event that following the close of the official
qualifying period set out in Charter Section 4.02 (b) the number of legally qualified
candidates is fewer than the number of seats open for election, the new city council
shall fill the vacancy in office in the same manner described above in sub paragraph (c)
of this Section.
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