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HomeMy WebLinkAboutO-11-12ORDINANCE NO. 0 -11 -12 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 3.03 OF THE CITY CHARTER, TO PROVIDE FOR THE REMOVAL OF CHARTER OFFICERS, 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 #2 REMOVAL OF CHARTER OFFICERS Shall Section 3.03 of the Charter be amended to provide that any charter officer may be removed from office with or without cause by a majority vote of the entire city council, without the presentation of written charges, suspension, notice to the charter officer, hearing and delay provided for in the current Charter? 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. The foregoing Ordinance was moved for adoption by Councilmember /0/J,/ /(,t The motion was seconded by Councilmember (' i / /mpy/ 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 ayor thereupon declared this Ordinance duly passed and adopted this /3'`= day of 2011. ATT ST: Sally A. M MMC City Cler Approved as to form and legality for relia e by the City of Sebastian only: Robert A. Ginsburg City Attorney CITY OF EBA TIAN, FLORIDA By: M.:yor 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 /3"— day of 2011, and that following sa'd pu•lic hearing this Ordinance was passed by Cit ouncil for placement on the ,2011 ballot. Sally A. M City Clerk MMC 2 ATTACHMENT TO ORDINANCE 0 -11 -12 PROPOSED CHARTER AMENDMENT LANGUAGE Sec. 3.03. Removal of Charter officers. (a} Any Charter officer may be removed from office for cause, with or without cause by a majority vote of the entire city council. (b) In the event that one or more council members believes that caucc exists for thc regLtered mail, return receipt requested, to the last known address of thc affected Charter officcr. The ..u„ pcnded Charter officer shall havc the right to a h aring bcforc thc city council upon request. The suspended Charter officer .,hall be given a the event that at 1 act three (3) council members do not find that cause exists for Charter office. 3