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HomeMy WebLinkAbout2011_COMPLETE_CANDIDATE_HANDBOOK-REV_8-30-11 CITY OF SEBASTIAN CANDIDATE HANDBOOK NOVEMBER 8, 2011 GENERAL ELECTION Revised 8/30/11 in accordance with 2011 FS changes and City schedules CITY OF SEBASTIAN CANDIDATE HANDBOOK NOVEMBER 8, 2011 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 election 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. Sincerely, Sally A. Maio, MMC City Clerk TABLE OF CONTENTS State Law Information and Publications Information 1 General Election Information and List of Polling Places 2 Becoming A Candidate For Sebastian City Council 3 What Is A Candidate? Who Can Be A Candidate? When Can I Announce My Candidacy? Election Calendar 4 Qualifying For Office 5 & 6 Where And When Do I File? What Forms Do I File? What Fees Must I Pay? What If I Decide Not To Run? Campaign Reporting 7 Political Advertising 8 & 9 List 0f Forms for Election Qualifying 10 City Charter 11 1 Information in This Handbook is Supplemental to State of Florida Election Laws We have provided, as an addendum to this Handbook, the following publications: • Florida Commission On Ethics “Guide To The Sunshine Amendment And Code Of Ethics For Public Officers And Employees” Brochure • Chapter 106 Florida Statutes Other Florida Division of Elections publication links listed below can be downloaded from the Internet: • 2010 Florida Division of Elections Candidate and Campaign Treasurer Handbook (use this as a guide but please use the dates provided by the City) http://election.dos.state.fl.us/publications/pdf/2010/2010CandCampTreasHandbook.pdf If you are unable to access the internet, this publication will be provided to you upon request. ---PLEASE FAMILIARIZE YOURSELVES WITH FLORIDA STATUTES--- 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) 388-8214 smaio@cityofsebastian.org 2 GENERAL ELECTION INFORMATION • Election Day Is The First Tuesday Following the First Monday in November (next election is November 8, 2011) (Charter 2.03) • Sebastian City Council Consists Of Five Members (Charter 2.01) • City Council Members Serve Two Year Terms (Charter 2.04) • Two (2) Two-Year City Council Seats Are Filled in Even-Numbered Years and Three (3) Two-Year Council Seats Are Filled in Odd-Numbered Years (Charter 2.03). At the 2011 election we will fill three City Council Seats. • 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) (final date for qualifying is 9/9 /11 so you must have been a City resident as of 9/9/10) • City Council Terms Begin At A Special Meeting On The Monday Evening Following The Election (Charter 2.04) (November 14, 2011) (a proposed Charter Amendment may move this to Wednesday, November 16, 2011) • 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) (November 14, 2011 or November 16, 2011) CITY OF SEBASTIAN POLLING PLACES: Precinct Location 101 (part) St. Sebastian Catholic Church, 13075 U.S. 1, Sebastian 103 St. Sebastian Catholic Church, 13075 U.S. 1, Sebastian 104 American Legion Hall, 807 Louisiana Avenue, Sebastian 105 Sebastian Elks Lodge No. 2714, 731 South Fleming Street, Sebastian 106 Sebastian Elks Lodge No. 2714, 731 South Fleming Street, Sebastian 107 American Legion Hall, 807 Louisiana Avenue, Sebastian 109 Sebastian Elks Lodge No. 2714, 731 South Fleming Street, Sebastian 201 Sebastian Christian Church, 190 Day Drive, Sebastian 203 Sebastian Christian Church, 190 Day Drive, Sebastian 204 Sebastian Christian Church, 190 Day Drive, Sebastian *Polling Places are established by the Supervisor of Elections for Indian River County and subject to change. Please contact the SOE office for questions in regard to voting, voter registration, precincts, polling places, abstentee voting and early voting at 226- 3440 or visit www.voteindianriver.com. That office will not field questions regarding running for office in Sebastian. Those questions should be directed to the City Clerk. 3 Becoming A Candidate For Sebastian City Council What Is A Candidate? Florida Statutes 106.011 (16) 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, with 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 Preceding The Final Date For Qualification As A Candidate For Said Office.” (Qualified Elector means you are currently registered to vote in Indian River County) 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 Committees 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 city 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. (final qualifying date is 9/9/11) 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 Campaign Contributions Or Make Any Campaign Expenditures (Including Your Qualifying Fee). Your Campaign Bank Account Cannot Be Opened Until You Have Filed This Form. 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 Access to Chapter 106, Florida Statutes. A Copy Of Chapter 106 And The DS-DE 84 Form Are Included In This Packet. 4. If you decide to pre-qualify, you must also sign the City eligibility form as well so that I know you are qualified to run for election in accordance with the City Charter, which means you are a registered elector and established residency in Sebastian no later than 9/9/10. 5. Potential candidates may wait until the official City qualifying period which runs from August 25, 2011 through September 9, 2011 to submit all forms and fees. 4 2011 ELECTION CALENDAR January 10, 2011 Q4 Quarterly report due for anyone who pre-qualified prior to December 31, 2010 (reporting period date of pre-qualification through 12/31/10) April 10, 2011 Q1 Quarterly report due for anyone who pre-qualified prior to March 31, 2011 (reporting period 1/1/11 through 3/31/11) July 10, 2011 Q2 Quarterly report due for anyone who pre-qualified prior to June 30, 2011 (reporting period 4/1/11 through 6/30/11) July 27, 2011 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) – this triggers election advertisements required by FS 100.021 July 29, 2011 1st General Election Advertisement (FS 100.021) August 12, 2011 2nd General Election Advertisement (FS 100.021) August 25, 2011 1st Day to Officially Qualify For Office (Ch 4.02) 1st Day Political Signs can be posted in accordance with LDC – (75 days prior) September 9, 2011 Last Day to Officially Qualify For Office (Charter 4.02) September 23, 2011 46th day G1 Campaign Treasurer’s Report Due by 5 pm (reporting period from 1st day of qualifying through 9/16/11 – because this is a City furlough day, reports can either be mailed postmarked on or before 9/23/11 or hand delivered on or before Thursday, September 22nd ) October 4, 2011 1st referendum ad for charter revision referendum (FS 100.342) October 7, 2011 32nd day G2 campaign Treasurer’s Report Due by 5 pm (FS 106.07) (reporting period 9/17/11 through 9/30/11) October 18, 2011 2nd referendum ad for charter revision referendum (FS 100.342) October 21, 2011 18th day G3 Campaign Treasurer’s Report Due by 5 pm (FS 106.07) – (reporting period 10/1/11 through 10/14/11) – because this is a City furlough day, reports can either be mailed postmarked on or before 10/21/11 or hand delivered on or before Thursday, October 20th ) October 29, 2011 Early Voting starts at SOE Main Office November 4, 2011 4th Day G4 Campaign Treasurer’s Report Due by 5 pm (FS 106.07) – (reporting period 10/15/11 through 11/3/11 – contributions to be taken only up to midnight on 11/3/11 – FS 106.08) November 5, 2011 Last Day for Voting at SOE Main Office November 8, 2011 ELECTION DAY (Charter 2.03) November 14, 2011 Special Meeting For Accepting Canvassing Board Results By Council, and Swearing In And Election Of Mayor And Vice Mayor By Council (Charter 2.04) - if charter revision is approved this may change to 11/16/11 Regular Council meeting February 6, 2012 Surplus Funds Must Have Been Disposed/Final Report TR Due (FS 106.141) 2011 Sun Mon TueWedThuFriSat 1 24 2 23 3 22 4 21 5 20 6 19 7 18 8 17 9 16 10 Regular meeting 6:30 pm 15 11 14 12 2 nd election ad (FS 100.021) 13 13 12 14 11 15 10 16 9 17 8 18 7 19 6 20 5 21 4 22 3 23 2 24 Regular meeting 6:30 pm 1 25Official qualifying begins Political Signs can be posted 75 26 Furlough Day 74 27 73 28 72 29 71 30 70 31 69 2011 August Sun Mon TueWedThuFriSat 1 68 2 67 3 66 4 65 5 Holiday 64 6 63 7 62 8 61 9 Official qualifying closes 4:30 pm 60 10 59 11 58 12 57 13 56 14 Regular meeting 55 15 54 16 End of G1 reporting period 53 17 Start of G2 reporting period 52 18 51 19 50 20 49 21 48 22G1 reports due for walk-ins or postmark before midnight 9/23/11 47 23 Furlough Day G1 reports due 5 pm 46 24 45 25 44 26 43 27 42 28 Regular meeting 41 29 40 30 End of G2 reporting period 39 2011 September Sun Mon TueWedThuFriSat 1 Start of G3 reporting period 38 2 37 3 36 4 1 st referendum ad (FS 100.342) 35 5 34 6 33 7 G2 reports due 5 pm 32 8 31 9 30 10 29 11 28 12 Regular meeting 27 13 26 14 End of G3 reporting period 25 15 Start of G4 reporting period 24 16 23 17 22 18 2 nd referendum ad (FS 100.342) 21 19Canvassing Board at SOE 2:30 pm Orientation Approve 2010 minutes 20 20G3 reports due for walk-ins or postmark before midnight on 10/21/11 19 21 Furlough Day G3 reports due 5 pm 18 22 17 23 16 24 15 25 14 26 Regular meeting 13 27 12 28 11 29 10 30 31 2011 October Sun Mon TueWedThuFriSat 1 7 2 6 3 No more contributions after midnight end of G4 period Canvassing absentee ballots begins 9 am 5 4 G4 reports due 5 pm 4 5 3 6 2 7 1 8 Election day Canvassing Board convenes 5 pm at SOE - Tabulation begins at 7 pm including absentee 9 10Canvassing Board 5 pm at SOE – provisional ballot canvassing and certify election 11 Holiday – City hall closed 12 13 14 Special meeting results swearing in mayor and vice mayor if charter question does not pass 15Canvassing Board Post election audit – results available no later than 11/30 – 9 am 16 Regular City Council meeting swearing & mayor and vice mayor if charter question passes 1718 Furlough Day 19 20 21 2223 24 Holiday City hall closed 25 Holiday City hall closed 26 27 28 2930 2011 November 5 Qualifying For Office A. Who Is My Qualifying Officer? Your Qualifying Officer Is The City Clerk. B. When And Where Do I File My Qualifying Papers? When: Official Qualifying - Starting 8:00 A.M. on Thursday, August 25, 2011 (no more than 75 days prior to election) and ending 4:30 P.M. on September 9, 2011 (60 days prior to election) (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) (10/10) (This Form May Be Submitted At Any Time Prior To The Qualifying Period (this is called pre-qualifying) OR You Can Wait Until The August-September Official 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 are able to go and open your campaign account. 2. Statement Of Candidate (Form DS-DE84) (5/11/11) 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. Candidate Oath for Non-Partisan Office (DS-DE 25) (5/11) (FS 99.021) (this requires specific pronunciation of your name using established phonetic guidelines on back of form and voter registration numbers. This assists the Supervisor of Elections office with reading your name into audio assisted ballots for the handicapped). 4. Eligibility to Run Oath Form (Charter Section 2.02) (must be submitted at the same time as the DS-DE9 if you choose to pre-qualify before the Official qualifying period) 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) Additional state election forms relative to report waivers, return of contributions, etc. are included in the back of the book should you need them. 6 D. What Fees Are Paid At Time Of Official Qualifying? 1. Campaign 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 September 9, 2011, only the election assessment fee would be refunded. 7 CAMPAIGN REPORTING Election Due Dates And Reporting Periods To Be Submitted On The 46th, 32nd 18th And 4th Days Prior To Election and 90 days following election in accordance with FS 106.07. For those who qualify during the official qualifying period August 25, 2011 through September 9, 2011 in accordance with Charter 4.02 (b). Reporting Period Report Due Date Date you qualified through September 16, 2011 46th day report (G1) due September 23, 2011 by 5 pm September 17 through September 30, 2011 32nd day report (G2) due October 7, 2011 by 5 pm October 1, 2011 through October 14, 2011 18th day report (G3) due October 21, 2011 by 5 pm October 15 through November 3, 2011 4th day report (G4) due November 4, 2011 by 5 pm November 4, 2011 through 90 days following election Termination Report (TR) due by February 6, 2012 Quarterly Reports Are Due On The 10th Of The Month Following Each Calendar Quarter For Those Who Pre-Qualified (submitted DS-DE0 Appointment Of Campaign Treasurer And Designation Of Campaign Depository Form And Opened Campaign Accounts Prior To July) Examples of Quarterly Report Due Dates if you chose to Pre-qualify: • If you pre-qualify in January, February or March 2011 – you will owe a report on April 10, 2011 • If you pre-qualify in April, May or June 2011 - you will owe a report on July 11, 2011 • If you pre-qualify in July or August you will file only the G1, G2, G3, G4 and TR reports the same as someone who qualifies during the regular qualifying period 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. If City Hall is closed on a reporting due date, this does not allow you to wait until the following Monday because the due date is a Florida Statute requirement, not City. 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) 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. 8 POLITICAL ADVERTISING 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 Seventy-five (75) 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. 9 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 Section. If The Sign Is Not Removed Within Two (2) Days, The Code Enforcement Division Shall Remove The Political Sign. F. Fine. A Fine Of Twenty-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. FURTHER FS 106.1435 REQUIRES ALL CANDIDATES TO MAKE A GOOD FAITH EFFORT TO REMOVAL ALL POLITICAL CAMPAIGN ADVERTISEMENTS WITHIN 30 DAYS AFTER WITHDRAWAL OF CANDIDACY, HAVING BEEN ELIMINATED OR BEING ELECTED TO OFFICE. PLEASE READ 106.1435 IN ITS ENTIRETY. 10 ELECTION QUALIFYING DOCUMENTS The Following Are Forms To Be Filled Out And Submitted During the Official Qualifying Period August 25th through September 9th • Form DS-DE9 “Appointment Of Campaign Treasurer And Designation Of Campaign Depository For Candidates” (10/10) • Form DS-DE 25 “Candidate Oath Non-Partisan Office ” (5/11) • Form DS-DE 84 “Statement Of Candidate” (5/11) (Received Access to 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 Form (Section 2.02 Charter) (to show eligibility to run for office in accordance with the City Charter requirement that you be a registered voter and have actually continually resided in the City for a period of one year preceding the final day of qualifying for office) • Form 1 “Statement Of Financial Interests” The Following Forms Are Held By the Candidate Until The Appropriate Reporting Periods (Please Refer To Reporting Schedules In This Handbook) • Form DS-DE 12 “Campaign Treasurer’s Report Summary” (Contributions DS-DE 13 And Expenditures DS-DE 14 Forms Attached) (Four Sets Of Each) • Form DS-DE 87 – “Waiver of Report” – if you do not have activity in a reporting period you can simply file this form – but you next full report will include all information dating back to the last full report • Form DS-DE 2 – “Contributions Returned” – in the event someone gives you a contribution you do not wish to keep and return prior to depositing you need to fill out this form and submit it for the reporting period in which it occurred. The Following Are Forms To Be Filled Out And Submitted If You Choose to Pre-Qualify Before the Official Qualifying Period • Form DS-DE9 “Appointment Of Campaign Treasurer And Designation Of Campaign Depository For Candidates” • Form DS-DE 84 “Statement Of Candidate” (Received Access to 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 Form (Section 2.02 Charter) (to show eligibility to run for office in accordance with the City Charter requirement that you be a registered voter and have actually continually resided in the City for a period of one year preceding the final day of qualifying for office which is September 9, 2010) Remaining forms are submitted during the official qualifying period along with qualifying fees. 11 CITY OF SEBASTIAN CHARTER PART I CHARTER* __________ *Editor's note: Printed herein is the Home Rule Charter of the City of Sebastian adopted by Ordinance Number O-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 amendments, F.S. § 166.031. __________ Article I. Creation and Powers Sec. 1.01. Creation and powers. Sec. 1.02. Extraterritorial powers. Sec. 1.03. Intergovernmental relations. Sec. 1.04. Boundaries. Sec. 1.05. Existing businesses may continue after annexation. Article II. City Council Sec. 2.01. Composition. Sec. 2.02. Eligibility. Sec. 2.03. Election. Sec. 2.04. Terms. Sec. 2.05. Compensation; expenses. Sec. 2.06. Mayor; vice-mayor. Sec. 2.07. General powers and duties. Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies. Sec. 2.09. Judge of qualifications. Sec. 2.10. City council-employee relationship. Sec. 2.11. Investigations. Sec. 2.12. Procedure. Sec. 2.13. Emergency ordinances. Sec. 2.14. Codes of technical regulations. Sec. 2.15. Authentication and recording; codification; printing. Sec. 2.16. Standing committees. Article III. Administration and Legal Departments Division 1. Generally Sec. 3.01. Creation. Sec. 3.02. Appointment [of Charter officers]. Sec. 3.03. Removal [of Charter officers]. Sec. 3.04. City manager; powers and duties. Sec. 3.05. City clerk. Division 2. Police Department Sec. 3.06. Police department. Sec. 3.07. Reserved. Sec. 3.08. Reserved. Division 3. Legal Sec. 3.09. City attorney. - 2 - Article IV. Elections Sec. 4.01. Adoption of state election laws. Sec. 4.02. Filing of candidate's oath; fee. Sec. 4.03. Special municipal elections to elect elective officers. Sec. 4.04. Special election for other purposes. Sec. 4.05. Reserved. Sec. 4.06. Election precincts and polling places; city to designate. Sec. 4.07. Elections--How arranged; inspectors and clerks. Sec. 4.08. Same--Canvass of returns; certificates of election. Sec. 4.09. Same--Ballots. Sec. 4.10. Reserved. Sec. 4.11. Reserved. Sec. 4.12. Election procedures; tie vote. Sec. 4.13. Conduct of candidates for election office. Sec. 4.14. Interim government. Article V. General Provisions Sec. 5.01. Severability of provisions. Sec. 5.02. Effective date. Sec. 5.03. Charter review committee. Article VI. Transition Sec. 6.01. Title to property reserved. Sec. 6.02. Obligations unimpaired. Sec. 6.03. Officers and employees holdover. Sec. 6.04. Ordinances preserved. Sec. 6.05. Continuation of former charter provisions. ARTICLE I. CREATION AND POWERS* __________ *State law references: Home rule powers generally, F.S. § 166.021. __________ 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 extraterritorial 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 right 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 tunnels 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 illuminating, heating and other purposes; the location of - 3 - 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, promenades; 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. Any land purchase in excess of ten percent of the general fund of the current budget year shall require two appraisals. If the purchase price is in excess of the average of two appraisals, approval of the purchase would require a supermajority vote of four members of Council. (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, 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. To furnish any and all local public services, including electricity, gas, water, lights, or transportation, and to charge and collect necessary fees or charges therefor; to purchase, hire, construct, own, extend, maintain, operate or lease any public utilities, electric light system, telephone and telegraph system, waterworks and plants, ice plants, and works, gas plants and distribution systems, bus or transit systems, radio broadcasting stations, television stations, cablevision rebroadcasting systems, telephone systems, or other public utility; to establish, impose and enforce rates and charges for supplying such services or conveniences by the city to any person, persons, firm or corporation; to furnish any and all local public services to persons, firms, industries, or municipal corporations residing or located outside of the limits of said city. To acquire in any lawful manner in the State of Florida such water, lands and lands under water as the city council may deem necessary for the purpose of providing an adequate water supply for said city and the piping and conducting of the same, to make reasonable rules and regulations for promoting the purity of its said water supply and protecting the same from pollution and for this purpose to exercise full police powers over all lands comprised within the limits of the water shed tributary to any such supply wherever such lands may be located in the State of Florida. (5) Abatement of nuisances. To compel the abatement and removal of all nuisances within the city or upon the property owned by the city beyond its corporate limits, at the expense of the person or persons causing the same, or of the owner or occupant of the grounds or premises whereon the same may be. (6) Dairies and stock. To provide for inspecting and regulating the sanitary condition of all dairies, butcher pens, slaughter houses, meat markets, or other places within and without the - 4 - 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. To purchase, acquire, take hold, establish, construct, equip, maintain and operate municipal airports, landing fields, hangars, aviation terminals and administration buildings, runways depots, warehouses, garages, repair shops, oil and fuel tanks or 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 thereof for such purpose; to set apart and use for such purpose any real property owned or leased by the city, whether or not originally acquired by condemnation, purchase or lease for another purpose; to adopt and enforce reasonable rules and regulations governing the use of such municipal airports; to employ airport directors, airport managers, employees or agents in connection with such operation; to impose fees or charges in connection with the use of such airport or airport facilities; to sell gasoline or other supplies necessary in connection with the operation of such airports; to provide lounges, eating places, refreshment parlors and other facilities in connection with such municipal airports; to let or lease to private persons or corporations portions of said airports for building sites, hangar space, concessions or other uses for a term not to exceed thirty (30) years; to prescribe and promulgate reasonable rules and regulations for the operation of such airports, and to exercise supervision and control of such operation; to accept and receive grants from the state and federal governments and any body politic for the construction, maintenance, operation and management of such airport facilities. (8) Contracts with other governmental agencies. To 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 of the 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. To 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. To 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 - 5 - 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 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 of the State of Florida with respect to eminent domain. The city shall not use the power of eminent domain for a project having the purpose of transferring rights in the properties acquired to a private party in pursuit of economic development. (Res. No. R-88-16, § 2, 1-13-88; election of 3-14-89; Ord. No. O-93-21, §§ 1--3, 1-12-94, election of 3-8-94; Ord. No. O-99-18, § 1, 11-3-99, election of 3-14-00; Ord. No. O-05-19, § 1, 10-26-05, election of 3-14-06; Ord. No. O-06-09, § 1, 10-11-06, election of 3-13-07) State law references: 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 references: 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 references: 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. O-91-29, § 1, 1-8-92; Ord. No. O-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. O-84-1, § 1, 2-1-84; Ord. No. O-93-03, § 2, 1-27-93) - 6 - Sec. 2.03. Election. (a) [T]here shall be held a general election of two (2) council members on the first Tuesday following the first Monday in November of each even-numbered year and of three (3) council members in each odd-numbered year. (b) The city elections shall have at large voting. (Ord. No. O-91-29, § 1, 1-8-92; Ord. No. O-93-03, § 3, 1-27-93; Ord. No. O-06-11, § 1, 10-11-06) 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. O-91-29, § 1, 1-8-92; Ord. No. O-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. O-91-29, § 1, 1-8-92; Ord. No. O-93-02, § 1, 1-27-93; Ord. No. O-99-22, § 1, 11-3-99, election of 3-14-00) Sec. 2.06. Mayor; vice-mayor. (a) Mayor--Selection and term. [A]fter the seating of any newly elected council members at the special city council meeting held pursuant to Section 2.04, the new city council shall, as the first order of business, elect a mayor from among its members. The incumbent mayor or in his or her absence, the vice-mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor. After all nominations have been made, the nominations shall be closed. The city clerk shall then call the roll of the council members and each council member shall cast an affirmative vote for the council member of their choice. The council member that receives a majority vote shall be elected mayor. In the event no council member receives a majority of the votes cast on the first ballot, balloting with sequential roll calls shall continue until a council member receives a majority vote. Council members shall not nominate themselves. Only elected council members shall be eligible for the office of mayor. (1) 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, - 7 - resolutions and proclamations of the city council or other documents as required by law on behalf of the city as directed and authorized by the city council, which shall also be attested by the city clerk. (c) Vice-mayor--Selection and term. Immediately subsequent to the selection of a mayor, the city council shall elect a vice-mayor from among its members. The term of the vice-mayor shall be for one year or until his or her successor is elected. The vice-mayor shall be elected using the same procedure as for the election of mayor. (d) Vice-mayor--Duties, general. In the absence or disability of the mayor, the vice-mayor shall serve as mayor during such absence or disability. In the absence or disability of both the mayor and vice-mayor, the senior member of city council shall serve as mayor during such absence or disability. (e) Vacancies. In the event the office of mayor shall become vacant during the course of a term, the vice-mayor shall succeed to the office of mayor. In the event the office of vice-mayor shall become vacant during the course of a term, a new vice-mayor shall be chosen as the first order of business at the next council meeting. (Ord. No. O-91-30, § 1, 1-8-92; Ord. No. O-93-03, § 5, 1-27-93; Ord. No. O-99-23, § 1, 11-3- 99, election of 3-14-00; Ord. No. O-06-10, § 1, 10-11-06; Ord. No. O-06-11, § 2, 10-11-06) 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. O-91-29, § 1, 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 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 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. - 8 - 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. O-88-43, § 2, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92; Ord. No. O-91-30, § 2, 1-8-92; Ord. No. O-93-02, § 2, 1-27-93; Ord. No. O-99-24, § 1, 11-3-99, election of 3-14-00) Editor's note: Section 1 of Ord. No. O-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. O-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, 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. Alternatively, a member charged by a member of the public with conduct constituting grounds for forfeiture of his/her office shall be entitled to a public hearing on demand. Notice of such hearing shall be published in one (1) or more 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. O-88-43, § 3, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92; Ord. No. O-99-25, § 1, 11-3- 99, election of 3-14-00) Editor's note: Section 3 of Ord. No. O-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 of its members shall in any manner dictate the appointment or removal of any city employee except the charter officers nor shall the city council or 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. O-88-43, § 4, 1-11-89; Ord. No. O-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. O-88-43, § 8, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92) Editor's note: Sections 5--7 of Ord. No. O-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. O-78-9. Sections 2.14--2.19 of the Charter were renumbered as §§ 2.11--2.16 by §§ 8--13 of Ord. No. O-88-43. - 9 - 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. There shall be at least twenty-four (24) hours advance notice of any special council meeting called and said meetings shall only be held after 5 p.m. If a public emergency exists any council member or charter officer may call a special meeting, and the advance notice requirement as well as the time restriction 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 a journal of its 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 of the meeting. Three (3) members of the city council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent council members in the manner and subject to the penalties prescribed by the rules of the city council then in force. No action of the city council, except as otherwise provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of three (3) or more council members. (Ord. No. O-88-43, § 9, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92; Ord. No. O-91-30, § 3, 1-8-92; Ord. No. O-93-02, § 3, 1-27-93; Ord. No. O-99-26, § 1, 11-3-99, election of 3-14-00; Ord. No. O-06-13, § 1, 10-11-06) Editor's note: See the editor's note following § 2.11. Sec. 2.13. Emergency ordinances. To 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 shall 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. O-88-43, § 10, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92) Editor's note: See the editor's note following § 2.11. State law references: Uniform minimum requirements for adoption of ordinances, F.S. § 166.041. - 10 - 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. O-88-43, § 11, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92) Editor's note: See the editor's note following § 2.11. 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 of law. 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. O-88-43, § 12, 1-11-89; Ord. No. O-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. - 11 - (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. O-88-43, § 13, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92; Ord. No. O-91-30, § 4, 1-8- 92; Ord. No. O-99-27, § 1, 11-3-99) Editor's note: See the editor's note following § 2.11. ARTICLE III. ADMINISTRATION AND LEGAL DEPARTMENTS* __________ *Editor's note: Section 14 of Ord. No. O-88-89, adopted January 11, 1989, repealed former 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. O-78-9 on October 19, 1978. __________ DIVISION 1. GENERALLY Sec. 3.01. Creation. The city manager, city clerk and city attorney are designated Charter officers. (Ord. No. O-88-43, § 14, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92; Ord. No. O-93-02, § 4, 1-27- 93; Ord. No. O-06-14, § 1, 10-11-06) 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. O-88-43, § 14, 1-11-89; Ord. No. O-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, formally 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 of the hearing, the suspended Charter officer shall be removed if the city council finds, by a vote of at least 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. O-88-43, § 14, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92; Ord. No. O-93-02, § 5, 1-27- 93; Ord. No. O-99-28, § 1, 11-3-99, election of 3-14-00; Ord. No. O-99-29, § 1, 11-3-99, election of 3-14-00) - 12 - 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. (f) The city manager shall designate a qualified city employee to exercise the powers and perform the duties of city manager 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. O-88-43, § 14, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92; Ord. No. O-91-30, § 5, 1-8- 92; Ord. No. O-99-23, § 1, 11-3-99, election of 3-14-00; Ord. No. O-99-30, § 1, 11-3-99, election of 3-14-00) 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. (Ord. No. O-88-43, § 14, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92) DIVISION 2. POLICE DEPARTMENT Sec. 3.06. Police department. The City of Sebastian shall maintain its own Police Department, and daily operations of said police department will be overseen by a chief of police who will be a certified police officer and who will come under the purview of the city manager. (Ord. No. O-88-43, § 14, 1-11-89; Ord. No. O-06-15, § 1, 12-13-06) Sec. 3.07. Reserved. - 13 - Editor's note: Ord. No. O-06-15, § 1, adopted Dec. 13, 2006, repealed § 3.07, which pertained to the duties and authority of the chief of police and derived from Ord. No. O-88-43, § 14, adopted Jan. 1, 1989. Sec. 3.08. Reserved. Editor's note: Ord. No. O-06-15, § 1, adopted Dec. 13, 2006, repealed § 3.08, which pertained to the duties and authority of police officers and derived from Ord. No. O-88-43, § 14, adopted Jan. 1, 1989 and Ord. No. O-93-02, § 6, adopted Jan. 27, 1993. 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 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. (b) The city council shall have authority to retain additional counsel in specific actions or proceedings in its discretion. (c) The city attorney shall receive such compensation as may be determined by the city council. (Ord. No. O-88-43, § 14, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92; Ord. No. O-06-16, § 1, 10-11- 06) ARTICLE IV. ELECTIONS* __________ *State law references: Electors and elections, F.S. ch. 97 et seq. __________ 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 sixty (60) days, but no more than seventy-five (75) days, prior to the day of the election, along with payment of a nonrefundable filing fee in an amount to be set forth by Code. (Ord. No. O-91-29, § 1, 1-8-92; Ord. No. O-93-04, § 1, 1-27-93; Ord. No. O-99-31, § 1, 11-3- 99, election of 3-14-00; Ord. No. O-06-17, § 1, 10-11-06) 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. O-93-04, § 2, adopted January 27, 1993. - 14 - Sec. 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 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. Reserved. Editor's note: Ord. No. O-06-17, § 2, adopted Oct. 11, 2006, repealed § 4.05, which pertained to calling an election by resolution and derived from the original codification. 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. O-91-29, § 1, adopted January 8, 1992. Ord. No. O-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. Prior to the qualifying dates provided herein [t]he city council shall adopt a resolution calling any such election, stating 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. O-91-29, § 1, 1-8-92; Ord. No. O-93-04, § 4, 1-27-93; Ord. No. O-06-17, § 3, 10-11- 06) 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 file 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 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 - 15 - 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. O-93-04, § 5, 1-27-93; Ord. No. O-99-32, § 1, 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. O-93-04, § 6, 1-27-93) Sec. 4.10. Reserved. Editor's note: Ord. No. O-06-17, § 4, adopted Oct. 11, 2006, repealed § 4.10, which pertained to voting machines and derived from the original codification. Sec. 4.11. Reserved. Editor's note: Ord. No. O-06-17, § 5, adopted Oct. 11, 2006, repealed § 4.11, which pertained to absentee voting and derived from the original codification. 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. O-84-3, § 1, 2-1-84; Ord. No. O-88-44, § 1, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92; Ord. No. O-93-04, § 7, 1-27-93; Ord. No. O-98-19, § 1, 11-18-98; Ord. No. O-99-33, § 1, 11-3- 99, election of 3-14-00) Editor's note: Ord. No. O-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. 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 of this 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. O-99-34, § 1, 11-3-99, election of 3-14-00) - 16 - State law references: Election violations, F. S. ch. 104; candidates, F.S. 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. O-99-35, § 1, 11-3-99, election of 3-14-00) State law references: Emergency continuity of government, F.S. ch. 22. ARTICLE V. GENERAL PROVISIONS Sec. 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. O-93-02, § 7, 1-27-93) Sec. 5.02. Effective date. This Charter shall take effect January 1, 1979. Sec. 5.03. Charter review committee. Not later than April 15 of the year 1999 and of every 5th 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 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 of its 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 of its 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. O-98-13, § 1, 10-14-98; Ord. No. O-06-18, § 1, 10-11-06) Editor's note: Ord. No. O-98-13, § 1, amended the Charter by adding § 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 - 17 - 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. O-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 of the 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.