HomeMy WebLinkAbout2007-01 Charter
RESOLUTION NO. 2007-01
A RESOLUTION OF THE CITY OF SANFORD CHARTER REVIEW
COMMITTEE PROPOSING CERTAIN AMENDMENTS TO THE
CHARTER OF THE CITY OF SANFORD, FLORIDA.
WHEREAS, the City Commission of the City of Sanford adopted Resolution
Number 2007-2073 on February 26, 2007 and Resolution Number 2007-2077 on April
23, 2007 expanding the qualification requirements for membership and creating the
Charter Review Committee to formulate recommendations for proposed amendments to
provisions of the Charter of the City of Sanford; and
WHEREAS, the City Commission of the City of Sanford appointed members to
the Charter Review Committee and the Committee assigned various provisions of the
Charter of the City of Sanford, Florida to subcommittees for review, evaluation and
amendatory recommendations to the Committee en bane as needed; and
WHEREAS, the City Commission adopted the Resolutions as identified
instructing the Charter Review Commission to undertake the review of the Charter of
the City of Sanford, Florida; and
WHEREAS, the Charter Review Committee has repeatedly met and conducted
public meetings in accordance with the direction of the City Commission and developed
and hereby recommend that the following proposed amendments identified in Exhibit A
attached hereto and made a part hereof to the Charter of the City of Sanford, Florida be
submitted to the City Commission of the City of Sanford, Florida, for consideration and
action pursuant to Section 8.01, Charter Amendments of the Charter of the City of
Sanford, Florida, as the City Commission shall deem fit and proper considering the
evolving needs of the City, if any, and applicable State law; and
WHEREAS, words that are underlined shall constitute suggested amendments
and additions to the original text and words in the right side secondary column shall
constitute deletions to the original text.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SANFORD
CHARTER REVIEW COMMITTEE, that the following amendments and additions
attached and identified as Extlibit A will be submitted to the City Commission as
proposed amendments to the Charter of the City of Sanford, Florida:
"EXHIBIT A"
Each and every of those amendments and additions submitted herewith in proper
sequence from Article I through Article IX, it being understood that unmodified Sections
shall remain in full force and effect as the Charter of the City of Sanford, Florida.
The foregoing Resolution No. 2007-01 was passed and adopted by the duly
appointed Charter Review Committee of the City of Sanford, Florida on the Itv Y!Jday
of (L{~ ,2007,A.D.
Members: Charter Review Committee,
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,. Stephen H. Coover, Chairman
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Otto Garrett
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Dennis Stewart
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EXHIBIT
"A"
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ARTICLE I. POWERS OF THE CITY. ARTICLE I. POWERS OF THE CITY
Section 1.01. Powers of the City.
The city of Sanford, Florida, shall have all
powers possible for a city to have under the
constitution and laws of this state as fully
and completely as though they were
specifically enumerated in this charter.
The people of the city of Sanford reserve
for themselves all other powers and
aovernina authority constitutionally and
statutorily possible whether specifically
addressed in this charter or not.
Section 1.02. Construction.
The powers of the city under this charter
shall be construed liberally in favor of the
city, and the specific mention of particular
powers in the charter shall not be
construed as limiting in any way the
general powers stated in this article.
Section 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 anyone or more states or civil
divisions or agencies thereof, or the United
States or any agency thereof.
Section 1.04. Description of Corporate
Limits.
The corporate limits of the city of Sanford,
Florida, shall be those in effect on the date
this Charter is ratified by the voters of the
city of Sanford and said corporate limits
may be amended by ordinance.
Section 1.05. Annexation and Section 1.05. Annexation and
Contraction. Contraction.
(a) The territorial boundaries of the city of The territorial boundaries of the city of
Sanford may be extended or contracted as Sanford may be extended as provided by
provided in the applicable aeneral state Generall\cts, Lav.'s of Florida.
laws reaardina municipal annexations and
contractions.
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(b) The city of Sanford shall maintain a
proactive annexation policy to help the city
achieve its manifest destiny. provide for
economic arowth. provide for an escalated
Quality of life and community amenities.
provide for additional municipal revenue
streams. ensure eQuity of access to
available municipal services. provide for
orderly arowth and ensure sufficient
infrastructure development.
( c) City annexations shall be made in a
non-discriminatory manner. The city shall
seek to include previouslY by-passed lower
income areas in its pro-active annexation
efforts.
Section 1.06. Open Government.
The city of Sanford shall conduct all of its
business affairs and aovernmental
operations in full accord with the letter and
spirit of open aovernment laws. public
access to public records and the public's
riaht to know how and why their
aovernment acts in a particular fashion.
Section 1.07. Discrimination.
The city of Sanford shall conduct all of its
business affairs and aovernmental
operations in an obiective. fair. eQuitable
and non-biased manner. The city shall not
enaaae in discriminatory conduct based
upon race. ethnicity. creed. color.
nationality. reliaion. sexual orientation.
aender or socio-economic status.
ARTICLE II. CITY COMMISSION
Section 2.01. Composition, Eligibility,
Election and Terms.
(a) City Commission. That there is hereby
created a city commission of the city of
Sanford, Florida to consist of five (5)
members; four (4) Commissioners and a
Mayor, who shall also be known as a
Commissioner, each of whom shall be
elected for a term of four (4) years. The
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City Commissioners holding office shall
continue in office until their present terms
of office expire and until their successors
are elected and take office, unless
vacancies therein otherwise occur.
(b) Eligibility. Only qualified voters of the
city shall be eligible to hold office of
Commissioner. No person shall run for
more than one commission seat in an
election and no person shall run for Mayor
and a commission seat in the same
election.
(c) MuniciIJal Elections. (c) Elections. The regular municipal
(1) The reoular municipal election for olection sholl bo held on the first Tuesday
the election of a Mayor and City after the first Monday in March of each
Commissioners shall be held at the same year for the election of a Mayor and City
time as the state's oeneral election. Each Commissioners, as the case may be. The
candidate shall announce whether he or candidate shall announce whether he or
she is a candidate for the office of Mayor or she is a candidate for the office of Mayor
shall name the district seat for which they or Commissioner. 'JV-here more than one
are seekino office. The candidate for Mayor (1) Commissioner is to be elected, the
receivino a majority of the votes cast for candidates for Commissioner shall be
Mayor shall be elected. The candidate in grounded by seat number as to each
each oroup for Commissioner receivino a vacancy to be filled and each candidate
maiority of the votes cast in that oroup shall shall announce the seat for vJhich he or
be elected. In case no candidate for Mayor she is a candidate. The candidate ror
receives a majority of the votes cast for Mayor receiving a majority of the votes
Mayor in such election. a second election cast for Mayor shall be elected. The
shall be held four (4) weeks followino such candidate in each group ror Commissioner
election. at which election only the two (2) receiving a majority of the votes cast in
candidates for Mayor receivino the hiohest that group shall be elected. In case no
vote in the first election shall be candidate for Mayor recei'.'es a majority of
candidates. and the candidate for Mayor the votes cast for Mayor in such election,
receivino a maiority of the votes cast for a second election shall be held tv.(() (2)
Mayor shall be elected. In case no '.veeks rollowing such election, at which
candidate for Commissioner in a oroup election only the t\vo (2) candidates for
receives a maiority of the votes cast in that Mayor receiving the highost vote in the
Qroup in such election. a second election first olection shall be candidates, and the
shall be held four (4) weeks followino such candidate for Mayor receiving a majority
election. at which election only the two (2) of the votes cast ror Mayor shall be
candidates receivino the hiohest vote in the elected. In case no candidate for
first election shall be candidates. The Commissioner in a group receives a
candidate receivino a majority of the votes majority of the \'otes cast in that group in
cast in each such oroup shall be elected. such olection, a second olection shall be
held t\vo (2) \veeks following such
2) If a tie should occur durino a run- election, at vJhich election only the 1\"10 (2)
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off election the winner of the election shall candidates recei'.-ing the highest 'Jote in
be determined by the toss of a coin. The the first election shall be candidates, and
candidate filina the earliest Qualifyino the candidate receiving a majority of the
papers shall call the coin while it is in the votes cast in such group shall be elected.
air. The City Clerk shall toss the coin and \^lrite in votes shall be allCYtJed and
allow the coin to hit the floor to reveal the counted only in the first election on the
face of the coin. The face of the tossed first Tuesday after the first Monday in
coin shall determine the winner of the race. March. The names of unopposed
Write-in votes shall be allowed and counted candidates shall not appear on the
only in the first election. Write in ballots goneral election ballot in accordance with
shall not be permitted in run-off elections. the General L~Ns, State of Florida.
The names of unopposed candidates shall
not appear on the aeneral election ballot in Any matter '.vhich, by the terms of this
accordance with the General Laws. State charter may be submitted to the electors
of Florida. of the city at any special election may be
submitted and ',(oted upon at the election
(3) Any matter which. by the terms held on the first Tuesday after the first
of this charter may be submitted to the Monday in March.
electors of the city at any special election
may be submitted and voted upon at the
city's aeneral election.
Section 2.02. Compensation; Expenses.
The commission may determine the annual
salary of Commissioners by ordinance, but
no ordinance increasing such salary shall
become effective until the date of
commencement of the terms of
Commissioners elected at the next regular
election. Commissioners shall receive their
expenses in the performance of their duties
of office.
Section 2.03. Mavor and Vice-Mayor. Section 2.03. Mayor.
( a) The Mayor shall be elected for a term of The Mayor shall be elected for a term of
four years. The Mayor shall be a member four years. The Mayor shall be a member
of the commission. In addition. he or she of the commission. In addition, he or she
shall preside over meetinas of the shall preside at meetings of the
commission. shall be recoanized as head commission, shall be recognized as head
of the city aovernment for all ceremonial of the city government for all ceremonial
purposes. and by the aovernor and purposos, and by the go"ernor for the
president durina lawfully declared states of purposos of military Ia\a:, but shall have no
emeraency and for the purposes of militafV administrative duties. The Mayor shall
law. The Mayor shall otherwise have no appoint from among the Commissioners
administrative duties or direct oversiaht of an acting Mayor v:ho shall serve as Mayor
city employees. If a vacancy occurs the during the temporary absonce or disability
office shall be filled for the remainder of the of the Mayor. If a vacancy occurs the
unexpired term in accordance with the office shall be filled for the remainder of
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procedure established in section 2.06(c). the unexpired term in accordance with the
procedure established in section 2.06(c).
(b) The commission shall select from
amona its members a Vice-Mayor In
accordance with seniority. The selection of
Vice-Mayor shall be done annually at the
first reaular scheduled commission meetina
in JanuafV of each year. The office of vice
Mayor shall be rotated annually based
upon seniority. In the event that two or
more members of the city commission have
eQual seniority the remainina Mayor and
Commissioners will choose the vice Mayor
by maiority vote.
(c) The Vice-Mayor shall act as the Mayor
durina the absence or disability of the
Mayor. If a vacancy occurs the Vice-Mayor
shall act as Mayor until such vacancy is
filled in accordance with section 2.06(c)
fillina of vacancies.
Section 2.04. General Powers and
Duties.
All powers of the city shall be vested in the
commission, except as otherwise provided
by law or this charter and the commission
shall provide for the exercise thereof and
for the performance of all duties and
obligations imposed on the city by law.
Section 2.05. Prohibitions.
(a) Holding Other Office. Except where
authorized by law, no Commissioner shall
hold any other city office or city
employment during the term for which he or
she was elected to the commission and no
former Commissioner shall hold any
compensated appointive city office or
employment or hold any city board or
committee position until one year after the
expiration of the term for which he or she
was elected to the commission.
(b) Appointments and Removals. Neither
the Mayor, the commission, nor any of its
members shall in any manner dictate the
appointment or removal of any city
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administrative officers or employees whom
the City Manager or any of his
subordinates are empowered to appoint,
but the commission may express its views
and fully and freely discuss with the City
Manager anything pertaining to
appointment and removal of such officers
and employees.
(c) Interference with Administration.
Except for the purpose of inquiries and
investigations under section 2.09, the
Mayor, the commission, or its members
shall deal with the city officers and
employees who are subject to the direction
and supervision of the City Manager solely
through the City Manager, and neither the
commission nor its members shall give
orders to any such officer or employee,
either publicly or privately.
Section 2.06. Vacancies; Forfeiture of Section 2.06. Vacancies; Forfeiture of
Office; Filling of Vacancies. Office; Filling of Vacancies.
(a) Vacancies. The office of Mayor or (a) Vacsncies. The office of Commissioner
Commissioner shall become forfeited and shall become 'lacant upon death, resignation,
declared vacant upon the death. remo'/al from office in any manner authorized
resianation. conviction of a felony. recall or by 13'/1 or forfeiture of office.
removal from office in any other manner
authorized by law or this charter.
(b) Forfeiture of Office. A Commissioner
shall forfeit office if the Commissioner:
(1 ) lacks at any time during his or 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 felony crime without (3) is convicted of a crime involving moral
havina their civil riahts restored. or turpitude, or
(4) fails to attend three consecutive
regular meetings of the commission without
being excused by the commission.
(c) Filling of Vacancies. At the time a
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vacancy in the commission occurs, if there
is less than six (6) months before the next
regular city election, said vacancy in the
commission shall be filled by vote of the
remaining members of the commission
within 30 days after said vacancy shall
occur. The person appointed shall hold
office for the remainder of the unexpended
term and shall be a qualified Commissioner
meeting all qualifications under law. At the
time the vacancy occurs, if there is more
than six (6) months before the next regular
city election, a special election shall be set
no sooner than sixty (60) days and no later
than ninety (90) days following the
occurrence of the vacancy and no
temporary appointment shall be made by
the commission.
Section 2.07. Judae of Qualifications Section 2.07. Judge of Qualifications.
and Involuntarv Removal from Office. The commission shall be the judge of the
(a) The commission shall serve as the election and qualifiC3tions of its members and
examiners and iudoe of city elections and of the grounds for forfeiture of their office and
of the Qualifications of its members to hold for that purpose shall ha'Je power to
their office. The commission may remove subpoena witnesses, administer oaths and
the Mayor or Commissioner from office require the production of evidence. A member
charged '..lith conduct constituting grounds for
upon showino by clear and convincino forfeiture of office shall be entitted to a public
evidence that the elected official has hearing on demand, and notice of such
committed any offense Qualifvino them for hearing shall be published in one or more
removal from office as set forth in Section newspapers of general circulation in the city at
2.06(b). least one ':leek in advance of the hearing.
Decisions made by the commission under this
(b) No Mayor or Commissioner shall be section shall be subject to reviSt.'I by the
removed from office prior to the completion courts.
of an investioation authorized by a simple
maiority vote of the commission. The
commission shall cause a timely and
thorouoh investioation and hearina of any
alleoations aoainst the Mayor or
Commissioner.
(c) A Mayor or Commissioner charoed with
conduct constitutino orounds for forfeiture
of office shall be entitled to a public hearino
on demand. Notice of such hearino aoainst
a Mayor or Commissioner and date of the
hearino shall be posted and published in a
manner normally afforded public hearinos
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at least two weeks in advance of the
hearino.
(d) The commission shall have the power
to subpoena witnesses. administer oaths.
compel testimony. reQuire the production of
and weioh the evidence submitted as proof
of the alleoations. appoint special counsel
to represent the interests of the city. and
hire or appoint investioative staff needed to
conduct an investioation of alleoations
aoainst the Mayor or Commissioner. The
commission shall hear evidence and
testimony and shall formulate a conclusion
based upon the evidence and testimony
presented durino the hearino. The Mayor
or Commissioner so charoed shall not vote
at such hearino.
( e) A Mayor or Commissioner may be
suspended from office pendino the decision
at a public hearino conducted under
Section 2.07(d) by a simple maiority vote of
the commission upon a showino of
probable cause that the Mayor or
Commissioner committed any offense as
set forth in Section 2.06(b)' The Mayor or
Commissioner so charoed shall not vote at
such hearino.
Section 2.08. City Clerk. Section 2.08. City Clerk.
The city commission shall appoint. direct. The commission shall appoint, direct and
supervise and evaluate an officer of the city supervise an officer of the city who shall have
who shall have the title of City Clerk. The the title of City Clerk. The City Clerk shall give
City Clerk is directly responsible to the city notice of commission meetings to its members
commission as the representative of the and the public, keep the journal of its
leoislative branch of oovernment. The City proceedings and perform such other duties as
::lre assigned by this charter or by the
Clerk shall oive notice of commission commission.
meetinos to its members and the public.
keep the iournal of its proceedinos and
perform supplementarv duties as are
assioned by this charter. or by the
commission. The clerk shall be responsible
for providino the commission and City
Manaoer with sufficient budoetarv
information for the clerk's function in
accordance with the city's established
budoetarv process.
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Section 2.09. Investigations.
The commission 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 commission shall be guilty of
a misdemeanor and punishable to the
extent provided by law.
Section 2.10. Independent Audit.
The commission shall provide for an
independent annual audit of all city
accounts and may provide for more
frequent audits as it deems necessary.
Such audits shall be made as provided by
General Acts, Laws of Florida. State law
references: Audit required, F.S. ~~
166.241, 218.32.
Section 2.11. Ordinances and
Resolutions.
(a) All ordinances, emergency ordinances
and resolutions shall be adopted as
provided by general law. The enacting
clause of all ordinances shall be: "Be it
enacted by the People of the city of
Sanford, Florida." All ordinances and
resolutions passed by the city commission
shall become effective ten days from date
of passage, unless otherwise provided
therein.
(b) Every ordinance or resolution upon its
final passage shall be recorded and
properly indexed in a record-book kept for
that purpose and shall be authenticated by
the signature of the presiding officer and
clerk of the commission.
(c) Codification. Within ten years after the
adoption of this charter and at least every
ten years thereafter, the commission shall
provide for the preparation of a general
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codification of all city ordinances which
have been specified by the commission for
inclusion in the code. The general
codification shall be adopted by the
commission by ordinance and shall be
published promptly in loose-leaf form,
together with this charter and any
amendments thereto. This compilation shall
be known and cited officially as the Sanford
City Code. Copies of the code shall be
furnished to city officers and a copy kept on
file at the office of the City Clerk for public
reference and made available for purchase
by the public at a reasonable price fixed by
the commission.
(d) Printing of Ordinances and
Resolutions. The commission shall cause
each ordinance and resolution having the
force and effect of law and each
amendment to this charter to be printed
promptly 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 commission. Following publication of
the first Sanford 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. The
commission shall make such further
arrangements as it deems desirable with
respect to reproduction and distribution of
any current changes in or additions to the
provisions of the Constitution and other
laws of the State of Florida, or the codes of
technical regulations and other rules and
regulations included in the code. State law
references: Uniform minimum mandatory
procedure for adoption of ordinances and
resolutions, F.S. S 166.041.
ARTICLE III. CITY MANAGER
Section 3.01. Appointment;
Qualifications; Compensation.
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The commission shall appoint a City
Manager for an indefinite term and fix the
compensation. The manager shall be
appointed solely on the basis of executive
and administrative qualifications. He or she
need not be a resident of the city or state at
the time of appointment but shall reside
inside the city while in office.
Section 3.02. Removal.
The commission may remove the City
Manager from office in accordance with the
following procedures:
(1 ) The commission shall adopt by
affirmative vote of a majority of all of its
members a preliminary resolution which
must state the reasons for removal and
may suspend the City Manager from duty
for a period not to exceed 45 days. A copy
of the resolution shall be delivered promptly
to the City Manager;
(2) Within five days after a copy of the
resolution is delivered to the City Manager,
he or she may file with the commission a
written request for a public hearing. This
hearing shall be held at a commission
meeting not earlier than fifteen days, or
later than thirty days after the request is
filed. The City Manager may file with the
commission a written reply not later than
five days before the hearing;
(3) The commission may adopt a final
resolution of removal, which may be made
effective immediately, by affirmative vote of
a majority of all its members at any time
after five days from the date when a copy
of the preliminary resolution was delivered
to the City Manager if he or she has not
requested a public hearing.
~ The City Manager shall continue to
receive his or her salary until the effective
date of a final resolution of removal. The
action of the commission in suspending or
removing the manager shall not be subject
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to review by any court or agency.
Section 3.03. Acting City Manager. Section 3.03. Acting City Manager.
The City Manaoer shall desionate an actino By letter filed with the City Clerk, the City
City Manaoer who shall perform the Manager shall designate, subject to
function of the City Manaoer durino the approval of the commission, a qualified
manaoer's temporafV absence or disability. city administrative officer to e>><ercise the
The City Manaoer's approved desionee for pCYNers and perform the duties of the City
actino City Manaoer shall be filed with the Manager during temporary absence or
City Clerk's office. The city commission disability. During suoh absence or
may revoke the City Manaoer's desionee at disability, the commission may revoke
any time. Durino times of the City such designation at any time and appoint
Manaoer's absence or disability. the another officer of the city to serve until the
commission may revoke such desionation City Manager shall return, or disability
and appoint an actino City Manaoer on its shall cease.
own authority.
Section 3.04. Powers and Duties of the
City Manager.
The City Manager shall be the chief
administrative officer of the city. The City
Manager shall be responsible to the
commission for the administration of all city
affairs placed in his or her charge by or
under this charter. The City Manager shall
have the following powers and duties:
(1 ) He or she shall appoint and, when he
or she deems it necessary for the good of
the service, suspend or remove all city
employees and appointive administrative
officers as provided for by or under this
charter, except as otherwise provided by
law, this charter or personnel rules adopted
pursuant to this charter. The City Manager
may authorize any administrative officer
who is subject to his or her direction and
supervision to exercise these powers with
respect to subordinates in that officer's
department, office or agency;
(2) direct and supervise the administration
of all departments, offices and agencies of
the city, except as provided by this charter
or by law;
(3) attend all commission meetings and
shall have the right to take part in
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discussion but may not vote;
(4) see that all laws, provisions of this
charter and acts of the commission, subject
to enforcement by the City Manager or by
officers subject to his or her direction and
supervision, are faithfully executed;
(5) prepare and submit the annual budget
and capital program to the commission, on
or before July 1 st of each year;
(6) submit to the commission and make
available to the public a complete report on
the finances and administrative activities of
the city as of the end of each fiscal year;
(7) make such other reports as the
commission may require concerning the
operations of city departments, offices and
agencies subject to the City Manager's
direction and supervision;
(8) keep the commission fully advised as
to the financial condition and future needs
of the city and make such
recommendations to the commission
concerning the affairs of the city as he or
she deems desirable; and
(9) perform such other duties as are
specified in this charter or may be required
by the commission.
ARTICLE IV. ADMINISTRATIVE ARTICLE IV. ADMINISTRATIVE
DEPARTMENTS, OFFICES AND DEPARTMENTS, OFFICES AND
AGENCIES AGENCIES
Section 4.01. General Provisions. Section 4.01. General Provisions.
(a) Creation. Amendina or Abolishment of (a) Croatian of dopartments. The
Deoartments. The commission may commission may establish city
establish. amend or abolish city departments, offices, boards, committees
departments. offices. boards. committees or commissions or agencies in addition to
or commissions or aoencies in addition to those created by this charter and may
those created and Qoverned by this charter prescribe the function of all departments,
to conduct the business of the city in an offices, agencies, boards, committees or
efficient. orderly. effective manner that best commissions, except that no functions
benefits the city and its constituents unless assigned by this charter to a particular
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otherwise prohibited by state law. The department, office, agency, board,
commission may prescribe the authority. commission or committee may be
scope and function of all city departments. discontinued or, unless this charter
offices. aoencies. boards. committees or specifically so provides, assigned to any
commissions. except that no functions other.
assioned by this charter or by special state
leoislation to a particular department.
office. aoencv. board. commission or
committee may be discontinued or
assioned to any other foreion aoency.
unless this charter or state law specifically
so provides.
(1) The commission may appoint and
remove from office appointees to the city's
offices. boards. commissions and charter
committees unless such appointments and
removals there from are otherwise provided
by state statute or this charter. The
commission shall have the power to
appoint or remove an appointee by a
simple maiority vote. Appointees may be
removed from office prior to the end of the
appointee's term of office should the
commission determine that such removal to
be in the best interest of the city. The
commission shall fill vacancies in the same
manner as appointments.
(b) Direction bY City Manaaer. The city (b) Dir-ections by City Manager. /\11
commission. state law and/or this charter departments, offices, agencies, boards,
shall desionate a chain of supervisory commissions or committoes under the
authority for all departments. offices. direction and supervision of the City
aoencies. boards. commissions or Manager shall be administered by an
committees. All departments. offices. officer appointed by and subject to the
aoencies. boards. commissions or direction and supervision of the City
committees under the direction and Manager. V\.'ith the consent of the
supervision of the City Manaoer shall be commission, the City Manager may serve
administered by an officer appointed by as the head of one or more such
and subiect to the direction and supervision departments, offices, agencies, boards,
of the City Manaoer. With the consent of commissions or committees or may
the city commission. the City Manaoer may appoint one person as the head of two or
serve as the head of one or more such more of them.
departments. offices. aoencies. boards.
commissions or committees or may appoint
one person as the head of two or more of
them.
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(c) Police Department created: officers (c) Chief of po!ice to be appointed by
and emp/ovees: apoointment. There shall City Manager. There shall be a chief of
be a chief of police who shall be appointed police 'Nho shall be appointed by the City
by the City Manaoer. The chief of police Manager from eligible lists to be furnished
shall be the head of the police department. by the civil service board. The chief of
and as such shall appoint subordinates police shall be the head of the police
from elioible lists furnished by the human dopartment, and as such shall appoint
resources department. The chief of police subordinates from eligible lists to be
shall have power. for cause. to discipline furnished by the civil service board. The
any officer or employee of the police force chief of police shall have pCY.ver, for
and shall oerform such other duties as may cause, to discipline any officer or
be required by this act rcharterl. by the employee of the police force and shall
laws and ordinances of the city or by the perform such other duties as may be
City Manaoer. required by this act [charter], by the laws
and ordinances of the city or by the City
Manager. The chief of police shall be
responsible to the City Manager for the
proper functioning of the police
department. The chief of police and other
police officers or patrolmen shall receive
such compensation as may be fixed by
the city commission.
( d) Fire Department created: officers and (d) Fire department created; officers and
emp/ovees: appointment. There shall be a employees; appointment. Thore shall be
fire department. to consist of a chief. who a fire department, to consist of a chief,
shall be appointed by the City Manaoer. '.:/ho shall be appointed by the City
The fire chief shall be the head of the fire Manager from eligible lists to be furnished
department and as such shall appoint by the civil service board. The fire chief
subordinates from elioible lists to be shall be the head of the fire department
furnished by the human resources and as such shall appoint subordinates
department. The chief of the fire from eligible lists to be furnished by the
department shall have control of all fire civil service board. The chief of the fire
personnel. subiect to such rules and department shall have the control of the
reoulations as are prescribed by the City stationing and transferring of all firemen,
Manaoer and shall perform such other subject to such rules and regulations as
duties as are required by this act rcharterl. are prescribed by the City Manager and
by the laws of the city or by the City shall perform such other duties as are
Manaoer. required by this act [charter], by the laws
of the city or by the City Manager. The
chief of the fire department and
subordinates shall receive such
compensation as may be fixed by the city
commission. (Ord. No. 3448, ~ 1, 12 14
199813 2 1999)
Section 4.02. Personnel System. Section 4.02. Personnel System.
(a) All appointments and promotions of
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city officers and employees shall be made
solely on the basis of merit and fitness
demonstrated by examination or other
evidence of competence.
(b) Personnel Rules. The City Manaoer (b) Personnel Director. There shall be a
shall cause the city's desionated human personnel director appointed by the City
resources staff to prepare personnel rules Manager v:ho shall administer the
in accordance with existino federal and/or personnel system of the city.
state laws. The rules shall be prepared in
accordance with the city's needs and shall (c) Personnel Rules. The personnel
comport with sound, overall manaoement director shall prepare personnel rules in
and labor functions. Personnel rules shall accordance with existing Federal and/or
be reviewed and approved by the city State La\&:s as they relate to the function
commission. Personnel rules shall be of personnel administration. In some
published in an employee policies and cases, such rules shall be prepared in
procedures manual that shall be available accordance with specific need or to
to all employees and the oeneral public. comport with sound, overall personnel
functioning. Such rules shall be proposed,
Section 4.03. City Attorney; City re'liev:ed, and appro'. 'ed by the City
Attorney to be Appointed; Duties. Manager, Civil Service Board, or city
The city commission shall appoint a City commission as appropriate. Said
Attorney who shall act as legal advisor to personnel rules shall be published in the
the municipality and its officers in matters Personnel handbook.
relating to their official duties. Upon
request, the City Attorney shall furnish the
city commission, the City Manager, or
through the City Manager the head of any
department, his or her opinion on any
question of law relating to their respective
duties. The City Attorney shall perform
such other duties as the city commission
may require.
Section 4.04. City Attorney;
Qualifications; Compensation.
The City Attorney shall be a lawyer of
experience and authorized to practice law
in all the courts of the state. The City
Attorney compensation shall be fixed by
the city commission.
Section 4.05. Special Legal Counsel; Section 4.05. Special Legal Counsel;
Consultants and Consulting Firms. Consultants and Consulting Firms.
The city commission may appoint and Such special legal counsel, consult3nts and
contract such special leoal counsel. consulting firms as may be authorized by the
consultants and consultino firms as it commission to be engaged by the city shall be
deems necessary. Special counsel and appointed or placed under contract by the City
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contracted consultants shall operate Manager. Said appointment or contract shall
pursuant to contract and shall report to the be approved by the commission.
city commission.
ARTICLE V. FINANCIAL PROCEDURES
Section 5.01. Fiscal Year.
The fiscal year of the city shall begin on the
first day of October and end on the last day
of September. State law references:
Fiscal year mandated, F.S. ~ 166.241.
Section 5.02. Submission of Budget and
Budget Message.
On or before the 1 st day of July of each
year, the City Manager shall submit to the
commission a budget for the ensuing fiscal
year and an accompanying message.
Section 5.03. Budget Message.
The City Manager's message shall explain
the budget both in fiscal terms and in terms
of the work programs. It shall outline the
proposed financial policies of the city for
the ensuing fiscal year; describe the
important features of the budget; indicate
any major changes from the current year in
financial policies, expenditures, and
revenues together with the reasons for
such changes; summarize the city's debt
positions, and include such other material
as the City Manager deems desirable.
Section 5.04. Budget. Section 5.04. Budget.
The budoet shall provide a complete The budget shall pro'lide a oomplete
financial plan of all city funds and activities fin3ncial plan of all city funds and activities
for the ensuino fiscal year and. except as for the ensuing fiscal year and, except as
reQuired by law. or this charter. shall be in requirod by law, or this charter, shall be in
such form as the city commission may such form as the City Manager deems
deem desirable. In oroanizino the budoet. desirable, or the commission may require.
the City Manaoer shall utilize the most In organizing the budget, the City
feasible combination of expenditure Managor shall utilize the most feasible
classification by fund. oroanization unit combination of e-xpenditure classification
prooram. purpose or activity. and obiect. by fund, organization unit program,
The budoet shall beoin with a clear oeneral purpose or activity, and object. The
summafV of its contents: shall show in budget shall begin with a clear general
detail all estimated income. indicate the summary of its contents; shall show in
proposed property tax levy. and detail all detail all estimated income, indicating the
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proposed expenditures. includino capital proposed property tax levy, and all
outlays. and debt service for the ensuino proposed expenditures, including debt
fiscal year. The budoet shall indicate in service, for the ensuing fiscal year; and
separate sections: shall be so arranged as to show
comparative figures for actual and
(1 ) Proposed operating expenditures estimated income and E>><penditures of the
during the ensuing fiscal year, detailed by current fiscal year and actual income and
offices, departments and agencies in terms expenditures of the preceding fiscal year.
of their respective work programs, and the The budget shall indicate in separate
method of financing such expenditures; sections:
(2) Proposed capital expenditures during
the ensuing fiscal year, detailed by offices,
departments and agencies when
practicable, and the proposed method of
financing each such capital expenditure;
and
(3) Anticipated net surplus or deficit for
the ensuing fiscal year of each utility owned
or operated by the city and the proposed
method of its disposition; subsidiary
budgets for each such utility, giving
detailed income and expenditure
information, shall be attached as
appendices to the budget.
The total of proposed expenditures shall
not exceed the total of estimated income
and prior year surpluses, if any. The budget
shall be adopted as provided by General
Acts, Laws of Florida. State law
references: Adoption of budget, F.S. 9
200.065.
Section 5.05. Capital Program.
(a) Submission to Commission. The City
Manager shall prepare and submit to the
commission a five-year capital program on
or before July 1 of each year.
(b) Contents. The capital program shall
include:
(1) A clear general summary of its
contents;
(2) A list of all capital improvements which
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are proposed to be undertaken during the
five fiscal years next ensuing, with
appropriate supporting information as to
the necessity for such improvements;
(3) Cost estimates, method of financing
and recommended time schedules for each
such improvement; and,
(4) The estimated annual cost of
operating and maintaining the facilities to
be constructed or acquired.
(b) The above information may be revised
and extended each year with regard to
capital improvements still pending or in
process of construction or acquisition.
(c) Notice and Hearing. The commission
shall publish in one or more newspapers of
general circulation in the city, a notice
stating:
(1) The times and places where copies of
the capital program are available for
inspection by the public; and
(2) The time and place, not less than two
weeks after such publication, for a public
hearing on the capital program.
(d) Adoption. The commission shall adopt
the capital program with or without
amendment after the public hearing.
Section 5.06. Amendments After Section &.06. Public Records.
Adoption Copies of the budget and the capital program
(a) Supplemental Appropriations. If, as adopted shall be public records and a copy
during the fiscal year, the City Manager shall be made a'/ailable to the public for
certifies that there are available for reference at the office of the City Clerk. State
appropriation revenues in excess of those law referenG8s: Public records, F.S. ch.
estimated in the budget, the commission 449-:--
may make supplemental appropriations for Section i.01. Amendments After
the year up to the amount of such excess. Adoption.
(b) Emergency Appropriations. To meet a
public emergency affecting life, health,
property or the public peace, the
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commission may make emergency
appropriations. Such appropriations may
be made by emergency ordinance in
accordance with provisions of section 2.11
and 10.2. To the extent that there are no
available unappropriated revenues to meet
such appropriations, the commission may,
by such emergency ordinance, authorize
the issuance of emergency notes, which
may be renewed from time to time, but the
emergency notes and renewals of any
fiscal year shall be paid not later than the
last day of the fiscal year next succeeding
that in which the emergency appropriation
was made.
(c) Reduction of Appropriations. If, at any
time during the fiscal year, it appears
probable to the City Manager that the
revenues available will be insufficient to
meet the amount appropriated, he or she
shall report to the commission without
delay, indicating the estimated amount of
the deficit, any remedial action taken and
recommendations as to any other steps to
be taken.
The commission shall then take such
further action as it deems necessary to
prevent or minimize any deficit for that
purpose: it may, by ordinance, reduce one
or more appropriations.
(d) Transfer of Appropriations. At any
time the City Manager may request that the
commission approve transfer of budgeted
funds within, and/or between departments,
offices, or agencies. Each request will be
supported by written justification for the
transfer.
(e) Umitations; effective date. No
appropriations for debt service may be
reduced or transferred, and no
appropriation may be reduced below any
amount required by law to be appropriated
or by more than the amount of the
unencumbered balance thereof. The
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supplemental and emergency
appropriations and reduction of the
appropriations authorized by this section
may be made effective immediately upon
adoption. Any excess monies remaining in
a debt service fund after all amounts
required by law have been appropriated
may be returned to the general fund for the
regular operating budget of the city.
Section 5.07. Lapse of Appropriations. Section i.08. Lapse of Appropriations.
Every appropriation, except an
appropriation for a specified major capital
expenditure shall lapse at the close of the
fiscal year to the extent that it has not been
expended or encumbered. An appropriation
for a specified major capital expenditure
shall continue in force until the purpose for
which it was made has been accomplished
or abandoned; the purpose of any such
appropriation shall be deemed abandoned
if three years pass without any
disbursement from or encumbrance of the
appropriation and may be transferred to the
general fund.
Section 5.08. Administration of Budget. Section &.09. Administration of Budget.
(a) Work Programs and Allotments. At (a) Work Programs and Allotments. At
such time as the City Manager shall such time as the City Manager shall
specify, each department, office or agency specify, each department, office or agency
shall submit work programs for the ensuing shall submit work programs for the
fiscal year showing the requested ensuing fiscal year showing the requested
allotments of its appropriation by periods allotments of its appropriation by periods
within the year. The City Manager shall within the year. The City Manager shall
review and authorize such allotments with review and authorize such allotments with
or without revision as early as possible in or without revision as early as possible in
the fiscal year. The City Manager may the fiscal year. The City Manager may
revise such allotments during the year if he revise such allotments during the year if
or she deems it desirable and shall revise he or she deems it desirable and shall
them in accord with any supplemental revise them in accord with any
emergency, reduced or transferred supplemental emergency, reduced or
appropriations made pursuant to section transferred appropriations made pursuant
5.06. to section &G7.
(b) Payments and Obligations Prohibited.
No payment shall be made or obligation
incurred against any allotment or
appropriation except in accordance with the
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appropriations duly made and unless the
City Manager or his or her designee first
certifies that there is a sufficient
unencumbered balance in such allotment
or appropriation and that sufficient funds
therefrom are or will be available to cover
the claim or meet the obligation when it
becomes due and payable. Any
authorization of payment or incurring of
obligation in violation of the provisions of
this charter shall be void and any payment
so made illegal; such action shall be cause
for removal of any officer who knowingly
authorized or made such payment or
incurred such obligation, and he or she
shall be liable to the city for any amount so
paid. However, except where prohibited by
law, nothing in this charter shall be
construed to prevent the making or
authorizing of payments or making of
contracts for capital improvements to be
financed wholly or partly by the issuance of
bonds or to prevent the making of any
contract or lease providing for payments
beyond the end of the fiscal year, provided
that such action is made or approved by
ordinance.
ARTICLE VI. ELECTIONS. ARTICLE VI. ELECTIONS.
.State law references: Florida Election .State law references: Florida Election
Code, F.S. chs. 97-106. Code, F.S. chs. 97-106.
Section 6.01. Election of Mayor and Section 6.01. Election of Mayor and
Commissioners; Dates of Regular and Commissioners; Dates of Regular and
Runoff Elections. Runoff Elections.
The reoular municipal election of the city The regular municipal election of the city
shall be held simultaneously with the shall be held on the first Tuesday after the
oeneral state elections of each election first Monday in March of each election
year. city commission seats are hereby yeaf:-
desionated as Mayor and seats 1. 2. 3. and
4. Candidates for the offices of Mayor and City commission seats are hereby
Commissioner shall file to Qualify for that designated as Mayor ond seats 1, 2, 3,
specified Mayoral or commission seat as and 4. Candidates for the offices of M3yor
provided by law. and Commissioner shall file to qualify for
that specified commission seat as
provided by law.
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Section 6.02. Same--Qualifications of Section 6.02. Same--Qualifications of
Candidates; Form of Oath. Candidates; Form of Oath.
(a) Any person who is a Qualified elector in Any person who is a resident of the city
the city of Sanford. not a convicted felon and has qualified as an elector therein
whose civil riohts have not been restored may become a candidate for nomination
and who is otherwise Qualified. may to the office of Mayor or to a Commission
become a candidate for the office of Mayor soat by filing with the City Clerk, and
or City Commissioner upon filino with the payment of the foe prescribed, and by
City Clerk a written notice of his or her taking and subscribing to an oath or
intention to become a candidate in affirmation in substantially the form as
accordance with Article II and this section. required by the General L~NS of Florida
reQuestina that his or her name be printed and filing the same, together with the
upon the ballot and depositino with such petition, with the City Clerk not earlier than
written notice a sum equal to one percent fifty seven (57) days, and not later than
( 1 %) of the then effective annual salary of noon on the forty six (46)days prior to the
the office the candidate seeks plus the day of holding the n~ regular election.
costs of any applicable state mandated
election fees as a Qualifyino fee for the
office souoht. All 1 % Qualification fees shall
be placed in the oeneral fund of the city of
Sanford and allocated toward the cost of
city elections. State election fees shall be
transferred to the State of Florida as
provided by oeneral state law.
The period within which a candidate may
Qualify as above stated shall beoin ninety-
two (92) days prior to the election and shall
terminate at 12:00 noon on the last reoular
workino day for the City Clerk's office
eiohty-eioht (88) days in advance of the
election date. Qualification can be effected
only durino normal workino hours for the
City Clerk's office.
(b) Any person who is a Qualified elector in
the city of Sanford. and otherwise Qualified.
may alternatively become a candidate for
the office of Mayor or City Commissioner
upon filina with the City Clerk a written
notice of his or her intention to become a
candidate in accordance with Article II and
this section. reQuestino that his or her
name be printed upon the ballot and
presentino a written petition with the names
of 250 sianers who are elioible electors
residino in the commission seat the
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candidate seeks. Candidates for Mayor
Qualifyino by petition shall present a written
petition with the names of 500 sioners who
are elioible voters residino within the city.
The petitions shall include the printed
name. sionature. address. precinct number.
voter identification number and telephone
number of the sioner for verification
purposes. Petitions for placino a
candidate's name on the ballot may be
submitted to the City Clerk for verification in
whole or in part. Candidates Qualifyino by
petition may beoin collectino and turnino in
names on petitions one hundred and
twenty (120) days in advance of the
openino of the Qualifyino period. All
petitions for placino a candidate's name on
the ballot must be received by the City
Clerk's office prior to the end of the
Qualifyino period. The City Clerk shall
present the names on written Qualification
petitions to the supervisor of elections
office for certification as a valid elector and
shall provide timely notification of the
number of certified electors to the
candidate until the reQuisite number of
electors has been met or the Qualification
period has ended with the candidate beino
unable to meet the reQuired numbers of
certified electors durino their Qualification
petition attempt.
The costs of elector certifications shall be
paid to the City Clerk bY the individual
candidate( s) reQuestino the certification as
a part of the Qualifvino procedures.
(c) The City Clerk shall verify the residency
of candidates for Mayor and the city
commission. Candidates shall sion an
affidavit of residency and shall provide
suitable documents establishino their
residency as a part of the Qualification
process. Documents that shall suffice to
serve as authoritative proof of residency
include but are not limited to driver's
licenses. homestead exemption
documents. passports. voter identification
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cards. other oovernmental identification
cards and utilities bills.
( d) It is understood that emeroency exioent
circumstances may arise from time to time.
Elected Commissioners and candidates for
the commission shall normally physically
reside in the district they are elected to
represent or reside in the district they seek
to represent from the date of assumption of
office as a Commissioner or from the date
of their Qualification as a candidate for the
commission.
Should an exioent circumstance cause
their physical place of abode to be
uninhabitable or destroyed and they are
forced to take UP temporary abode
elsewhere within the city. then and in that
event:
(1 ) The Commissioner/candidate shall
make reasonable efforts to relocate within
their elective district.
(2) Failino such effort. the
Commissioner/candidate must seek the
approval of the city commission to
temporarily reside outside their elected
district.
(3) Commission authority for a
Commissioner/candidate to reside out of
district shall be oranted for such
reasonable period as a valid exioent
temporary relocation reQuirement exists as
determined by the Commission.
( 4) Reauests for extension shall be heard
and acted upon by the Commission oivino
attendance to all exioent circumstances.
( e) Any person who is a resident of the city
and has Qualified as an elector therein may
become a candidate for the office of Mayor
or Commissioner by Qualifyina as
described above and takino and
subscribino to an oath or affirmation in
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substantially the form as reQuired by the
oenerallaws of Florida.
Section 6.03. Names to be Placed on
Ballot for Regular Election.
The names of all candidates for the office
of Mayor shall be placed on the election
ballot first and in alphabetical order.
The names of all candidates for
commission seats shall be placed upon the
regular election ballot in alphabetical order
for commission seat to be voted upon.
Commission seats shall be listed on the
ballot in their numerical order.
Runoff election ballots shall be in the same
form as prescribed herein for the regular
municipal election ballot.
Section 6.04. Commission to Declare Section 6.04. Commission to Declare
Person Elected. Person Elected.
All candidates elected as Mayor or to the All candidates elected as Mayor or to the
city commission by reoular election shall City Commission by regular election shall
take office on the first reoularly scheduled take office on the first Tuesday after the
Monday commission meetino in JanuafV first Monday in April immediately following
immediately followino the reoular election. the regular election. All candidates elected
All candidates elected by special election by special election shall take office after
shall take office after certification of the certification of the election results by the
election results by the Commission. Commission.
Section 6.05. Absentee Voting.
Absentee voting shall be permitted in city
elections in the same manner as may be
provided in state elections. State law
references: Absentee voting, F.S. 99
101.6105--101.694.
Section 6.06. Qualification of Electors; Section 6.06. Qualification of Electors;
Prescribing Method and Manner of Prescribing Method and Manner of
Election. Election.
No person shall be allowed to vote at any No person shall be allovJed to vote at any
election for the purpose of electino the election for the purpose of electing City
Mayor or City Commissioners who is a not Commissioners and Mayor for said city
a Qualified voter under this charter and the who is not a qualified voter under the state
state law. The city commission shall. by law. The city commission shall, by
ordinance. prescribe the method and ordinance, prescribe the method and
manner of holdina all elections which are manner of holding all elections which shall
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not provided for by the terms of this be called and held and which are not
charter. All elections shall be conducted provided for by the terms of this charter.
substantially on the principals adopted for All such elections shall be conducted
state elections insofar as there is no substantially on the principal odopted for
conflict with the terms of this charter: the state elections insofar os there is no
provided. that the city commission may. by conflict \vith the terms of this charter;
ordinance. prescribe the method. manner provided, that the city commission may, by
and conduct of all city elections not in ordinance, prescribe the method, manner
conflict with this charter. State law and conduct of all elections of said city not
references: Qualification of electors. F.S. & in conflict with this charter. State law
97.041. references: Qualification of electors, F.S.
~ 97.041.
Section 6.07. City Commission Districts Section 6.07. City Commission Districts
and Redistricting. and Redistricting.
(a) Notwithstandino any other provision of Notwithst:mding any other provision of this
this charter the Mayor shall represent the Charter, each City Commissioner shall
city as a whole and be elected by electors represent a city commission district and
throuohout the city. Each City be elected by the voters of that district.
Commissioner shall represent one city There shall be four (4) city commission
commission district. shall actually districts that shall be defined and
physically reside in the district for which described as have [having] been
they seek office from the date of their established as of, and contain the area of
Qualification for office until the expiration of the city as of, the effective date [Jan. 10,
their term of office and shall be elected 2005] of this article [Ordinance No. 3905].
solely by the voters of that district. The city commission may modify city
commission districts by the enactment of
(b) There shall be four (4) city commission an ordinance under such processes and
districts that shall be established. defined procedures as may be determined to be
and oeooraphically described areas of the desirable by the city commission. In
city as defined by Ordinance No. 4032 and addition to tho offico of the City
subseQuent successor ordinances relatino Commissioner representing the entire city,
to commission redistrictino as reQuired by each City Commissioner shall represent
this charter. oenerallaw and constitutional the interests of the citizens residing with
principles. Each district shall be formed the City Commissioner's city commission
from compact contiouous territory with the district. (Ord. No. 3905, ~ 4, 1 102005)
boundary lines followino the centers of
streets. Due consideration shall be oiven to
maintainino the oeooraphical inteority of
neiohborhoods and developments within
the individual districts. The commission
district lines shall be constructed so as to
comply with the constitutional principles of
eQual and effective representation reQuired
by applicable state and federal ouidelines.
The city commission shall oive due
consideration to the multiple constitutional
principles involved in the electoral process
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and shall oive due reoard for the
opportunity of minority representation on
the commission as a part of the redistrictino
process in compliance with applicable state
and federal constitutional standards.
(c) An incumbent Commissioner's seat
number may chanoe due to the
realionment process occurrino durino
redistrictino. however. no incumbent
Commissioner shall have their term of
office cut short by the adoption of a
redistrictino plan.
(d) The city commission may modify city
commission districts bY the enactment of a
successor ordinance under whatever
processes. procedures and redistrictino
committees and/or consultants the city
commission may deem to be desirable.
The city commission shall beoin the
initiation of a redistrictino process for city
commission districts within thirty (30) days
after the receipt of the official Decennial
Census data evefV 10 years. The official
Decennial Census data shall be the
authoritative source for demooraphical data
used In reconstitutino city commission
districts in compliance with applicable state
and federal standards.
ARTICLE VII. INITIATIVE AND
REFERENDUM; RECALL PROVISIONS
Section 7.01. General Authority
(a) Initiative. The qualified voters of the
city shall have power to propose
ordinances to the commission and, if the
commission fails to adopt an ordinance so
proposed without any change in substance,
to adopt or reject it at a city election,
provided, that such power shall not extend
to the budget or capital program or any
ordinance relating to appropriation of
money, levy of taxes or salaries of city
officers or employees.
(b) Referendum. The qualified voters of
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the city shall haye power to require
reconsideration by the commission of any
adopted ordinance and, if the commission
fails to repeal an ordinance so
reconsidered, to approve or reject it at a
city election, provided that such power shall
not extend to the budget or capital program
or any emergency ordinance or ordinance
relating to appropriation of money or levy of
taxes.
Section 7.02. Commencement of
Proceedings; Petitioners' Committee;
Affidavit.
Any five qualified voters may commence
initiative or referendum proceedings by
filing with the City Clerk an affidavit stating
they will constitute the petitioners'
committee and be responsible for
circulating the petition and filing it in proper
form, stating their names and addresses
and specifying the address to which all
notices to the committee are to be sent,
and setting out in full the proposed initiative
ordinance or citing the ordinance sought to
be reconsidered.
Promptly after the affidavit of the
petitioners' committee is filed, the clerk
shall issue the appropriate petition blanks
to the petitioners' committee.
Section 7.03. Petitions.
(a) Number of Signatures. Initiative and
referendum petitions must be signed by
qualified voters of the city equal in number
to at least fifteen percent (15%) of the total
number of qualified voters registered to
vote at the last regular city election, and
shall contain a certificate from the
supervisor of elections as to the number of
valid signatures of qualified voters.
(b) Form and Content. All papers of a
petition shall be uniform in size and style
and shall be executed in ink or indelible
pencil and shall be followed by the address
and voter registration number of the person
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signing. Petitions shall contain, or have
attached thereto, throughout their
circulation the full text of the ordinance
proposed or sought to be reconsidered.
(c) Affidavit or [of] Circulator. Each paper
of a petition shall have attached to it, when
filed, an affidavit executed by the circulator
thereof stating that he or she personally
circulated the paper; the number of
signatures thereon; that all the signatures
were affixed in his or her presence; that he
or she believes them to be the genuine
signatures of the persons whose names
they purport to be; and that each signer
had an opportunity before signing to read
the full text of the ordinance proposed or
sought to be reconsidered.
(d) Time for Filing Referendum Petitions.
Referendum petitions must be filed within
30 days after adoption by the commission
of ordinance sought to be reconsidered.
Section 7.04. Procedure After Filing.
(a) Certificate of Clerk; Amendment.
Within 20 days after the petition is filed, the
City Clerk shall complete a certificate as to
its sufficiency, specifying, if it is insufficient,
the particulars wherein it is defective and
shall promptly send a copy of the certificate
to the petitioners' committee by certified
mail. A petition certified insufficient for lack
of the required number of yalid signatures
may be amended once if the petitioners'
committee files a notice of intention to
amend it with the clerk within two days after
receiving the copy of the clerk's certificate
and files a supplementary petition upon
additional papers within ten days after
receiving the copy of such certificate. Such
supplementary petition shall comply with
the requirements of subsections (b) and (c)
of section 7.03, and within five days after it
is filed the clerk shall complete a certificate
as to the sufficiency of the petition as
amended and promptly send a copy of
such certificate to the petitioners'
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committee by certified mail as in the case
of an original petition. If a petition, or
amended petition is certified sufficient, or if
a petition, or amended petition is certified
insufficient and petitioners' committee does
not elect to amend or request the
commission to review under subsection (b)
of this section within the time required, the
clerk shall promptly present the certificate
to the commission and the certificate shall
then be a final determination as to the
sufficiency of the petition.
(b) Commission Review. If a petition has
been certified insufficient and the
petitioners' committee does not file notice
of intention to amend it, or if an amended
petition has been certified insufficient, the
committee may. within two days after
receiving the copy of such certificate, file a
request that it be reviewed by the
commission. The commission shall review
the certificate at the next meeting following
the filing of such request and approve or
disapprove it, and the commission's
determination shall then be a final
determination as to the sufficiency of the
petition.
(c) Court Review; New Petition. A final
determination as to the sufficiency of a
petition shall be subject to court review. A
final determination of insufficiency, even if
sustained upon court review, shall not
prejudice the filing of a new petition for the
same purpose.
Section 7.05. Referendum Petitions;
Suspension of Effect of Ordinance.
When a referendum petition is filed with the
City Clerk, the ordinance sought to be
reconsidered shall be suspended from
taking effect. Such suspension shall
terminate when:
(1) there is a final determination of
insufficiency of the petition; or
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(2) the petitioners' committee withdraws
the petition; or
(3) the commission repeals the ordinance;
or
(4) thirty days have elapsed after a vote of
the city on the ordinance.
Section 7.06. Action on Petition.
(a) Action by Commission. When an
initiative or referendum petition has been
finally determined sufficient, the
commission shall promptly consider the
proposed initiative ordinance in the manner
provided in article II, or reconsider the
referred ordinance by voting its repeal. If
the Commission fails to adopt a proposed
initiative ordinance without any change in
substance within sixty days, or fails to
repeal the referred ordinance within thirty
days after the date the petition was finally
determined sufficient, it shall submit the
proposed or referred ordinance to the
voters of the city.
(b) Submission to Voters. The vote of the
city on a proposed, or referred ordinance,
shall be held not less than thirty days, and
not later than the next regular election.
Copies of the proposed, or referred
ordinance, shall be made available at the
polls.
(c) Withdrawal of Petitions. An initiative or
referendum petition may be withdrawn at
any time prior to the fifteenth (15th) day
preceding the day scheduled for a vote of
the city by filing with the City Clerk a
request for withdrawal signed by at least
four members of the petitioners' committee.
Upon the filing of such request the petition
shall have no further force or effect and all
proceedings thereon shall be terminated.
Section 7.07. Results of Election.
(a) Initiative. If a majority of the qualified
electors voting on a proposed initiative
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ordinance vote in its favor, it shall be
considered adopted upon certification of
the election results and shall be treated in
all respects in the same manner as
ordinances of the same kind adopted by
the commission. If conflicting ordinances
are approved at the same election, the one
receiving the greatest number of affirmative
votes shall prevail to the extent of such
conflict.
(b) Referendum. If a majority of the
qualified electors voting on a referred
ordinance vote against it, it shall be
considered repealed upon certification of
the election results.
Section 7.08. Recall Provisions.
(a) Recall Initiation. The Mayor and
members of the city commission may be
recalled and removed from office by their
electors. A recall referendum shall be
initiated when any five Qualified electors file
a recall petition and affidavit with the City
Clerk statino they will constitute the
petitioners' committee and be responsible
for circulatino the petition and filino it in
proper form. statino their names and
addresses and specifyino the name( s) of
the official ( s) to be recalled and the
reasons for the recall. The electors desirina
to recall an elected official shall desionate a
chairperson for the oroup. The recall
petition shall not contain more than 250
words. The clerk shall file the orioinal
petition in the official records of the city.
shall provide copies of the recall petition
alleoations to the accused elected
official( s) and shall oive the electors
desirino to recall an elected city official a
COpy of the orioinal recall petition.
The City Clerk shall oive electors desirina
to recall an elected official sionature forms
bearino positions for the printed name.
sionature. address. precinct number. voter
identification number and telephone
number of petition sioners desirino an
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elected officials recall for voter certification
and verification purposes. The electors
desirino to recall an elected official shall
have sixty (60) days from the date the
orioinal recall petition was filed to oather
certified sionatures of twenty (20) percent
of the reoistered electors within the city
official's constituency in order to proceed
with the recall election. If the reauisite
certified elector's sionatures are not
oathered within the sixty (60) day limit the
recall effort shall be deemed moot and a
recall election shall not be held.
(b) Electors desirino that the accused
official underoo a recall election shall
exhibit copies of the recall petition to all
potential sioners prior to askino the sioner
to complete the recall form. Electors
desirino a recall of a public official shall
complete all of the blanks on the official
sionature form. Electors circulatino recall
petitions shall oive completed petition
forms to the City Clerk for certification of
the sioner's Qualifications as an elector.
Each paper of a petition shall have
attached to it. when filed. an affidavit
executed by the circulator thereof statino
that he or she personally circulated the
paper; the number of sionatures thereon:
that all the sionatures were affixed in his or
her presence: that he or she believes them
to be the oenuine sionatures of the persons
whose names they purport to be: and that
each sioner had an opportunity before
sionino to read the full text of the ordinance
proposed or souoht to be reconsidered.
The City Clerk shall provide the supervisor
of elections with copies of the completed
recall forms so the elector's Qualifications
can be certified. The supervisor of elections
shall certify the electoral Qualifications of
each recall petitioner to the City Clerk until
such time as the reQuired numeric
threshold for a recall election is met. The
City Clerk shall notify the accused official(s)
and the commission that a successful recall
threshold has been attained.
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(c) The city commission shall schedule a
recall election for the involved official within
sixty (60) days of a recall effort havino
attained the certified Quantity of Qualified
electors. The City Clerk shall cause a recall
election notice to be posted in a newspaper
of oeneral circulation at least two (2) times
and such postinos shall be at least a week
apart and no later than two (2) weeks prior
to the recall election. A recall ballot shall
ask "Shall be retained in office"
and have a yes or no response. A simple
maiority of yes votes shall cause the recall
effort to fail and the accused official(s) shall
retain office. A simple maiority of no votes
cast shall remove the elected official from
office immediately upOn certification of the
election by the commission. A recalled
official shall be replaced as provided in
Section 2.06.
( d) Costs for recall petition certification
shall be borne by members of the recall
committee reQuestino the recall.
ARTICLE VIII. GENERAL PROVISIONS
Section 8.01. Charter Amendment.
(a) Proposal of Amendment.
Amendments to this charter may be framed
and proposed:
(1 ) in the manner provided by law; or
(2) by ordinance of the commission
containing the full text of the proposed
amendment and effective upon adoption; or
(3) by the voters of the city; or
(4) by report of a charter commission
created by ordinance.
Proposal of an amendment by the voters of
the city shall be by petition containing the
full text of the proposed amendment and
shall be governed by the same procedures
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and requirements prescribed in article VII
for initiative petitions until such time as a
final determination as to the sufficiency of
the petition is made, except that there shall
be no limitation as to subject matter and
that the petition must be signed by qualified
voters of the city equal in number to at
least twenty per cent (20%) of the total
number of qualified electors registered to
vote at the last regular city election. The
petitioners' committee may withdraw the
petition at any time before the fifteenth
(15th) day immediately preceding the day
scheduled for the city vote on the
amendment.
(b) Election. Upon delivery to the city
election authorities of the report of a
charter commission, or delivery by the City
Clerk of an adopted ordinance or a petition
finally determined sufficient, proposing an
amendment pursuant to subsection (a), the
election authorities shall submit the
proposed amendment to the voters of the
city at an election. Such election shall be
announced by a notice containing the
complete text of the proposed amendment
and published in one or more newspapers
of general circulation in the city at least 30
days prior to the date of the election. The
election shall be held not less than 60 and
not more than 120 days after the adoption
of the ordinance or report or the final
determination of sufficiency of the petition
proposing the amendment. If no regular
election is to be held within that period, the
commission shall provide for a special
election on the proposed amendment;
otherwise, the holding of a special election
shall be within the discretion of the
commission.
(c) Adoption of Amendment. If a majority
of the qualified voters of the city voting
upon a proposed charter amendment vote
in favor of it, the amendment shall become
effective at the time fixed in the
amendment or, if no time is therein fixed,
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30 days after its adoption by the voters.
Section 8.02. Charter Review. Section &02. Severability.
Notwithstandino any other provisions for
charter amendment listed in 8.01. the city
commission shall cause a comprehensive
review of the charter to occur by selectino a
charter review committee evefV seven (7)
years from the date of the adoption of this
charter. The commission shall select the
members of the charter committee and by
ordinance shall set forth the scope.
operations and time frame for the
committee to return their charter
recommendations to the commission.
Section 8.03. Code of Ethics.
All elected officials. department heads and
other employees of the city of Sanford shall
adhere to a Code of Ethics to be
established by Ordinance.
Section 8.04. Severability.
If any provision of this charter or portion of
a provision is held invalid, the other
provisions of the charter shall not be
affected thereby. If the application of the
charter, or any of its provisions, to any
person or circumstance is held invalid, the
application of the charter and its provisions
to other persons or circumstances shall not
be affected thereby.
ARTICLE IX. TRANSITIONAL
PROVISIONS
Section 9.01. Officers and Employees.
(a) Rights and Privileges Preserved.
Nothing in this charter except as otherwise
specifically provided shall affect or impair
the rights or privileges of persons who are
city officers or employees at the time of its
adoption.
(b) Continuance of Office or Employment.
Except as specifically provided by this
charter, if, at the time this charter takes full
effect, a city administrative officer or
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employee holds an office or position, which
is, or can be abolished by, or under this
charter, he or she shall continue in such
office or position until the taking effect of
some specific provision under this charter
directing that he or she vacate the office or
position.
(c) Personnel System. An employee
holding a city position at the time this
charter takes full effect, who was serving in
that same, or comparable position, at the
time of its adoption, shall not be subject to
competitive tests as a condition of
continuance in the same position, but in all
other respects shall be subject to the city's
personnel system.
Section 9.02. Departments, Offices and
Agencies.
(a) Transfer of Powers. If a city
department, office or agency is abolished
by this charter, the powers and duties given
it by law shall be transferred to the city
department, office or agency designated in
this charter, or, if the charter makes no
provision, as desionated by the city
commission.
(b) Property and Records. All property,
records and equipment of any department,
office or agency existing when this charter
is adopted shall be transferred to the
department, office or agency assuming its
powers and duties, but, in the event that
the powers or duties are to be
discontinued, or divided between units, or
in the event that any conflict arises
regarding a transfer, such property, records
or equipment shall be transferred to one or
more departments, offices or agencies
designated by the commission in
accordance with this charter.
Section 9.03. Pending Matters. Section 9.05. Transitional Schedule.
All rights, claims, actions, orders, contracts The City Commissioners seated on the
and legal or administrative proceedings effective date of this new charter shall
shall continue, except as modified, rem3in seated until their respective
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pursuant to the provisions of this charter, successors are elected and take office as
and in each case shall be maintained, mandated by the nevI charter. The terms
carried on, or dealt with by the city of the Mayor and of the two
department, office or agency appropriate Commissioners 'J.'hich expire January 2,
under this charter. 2001 are hereby extended to April 3,
2001. The terms of the t'.\ f()
Section 9.04. State and Municipal Laws. Commissioners which expire January 5,
In general, all city ordinances, resolutions, 1999 are horeby extended to April 6,
orders and regulations which are in force ~
when this charter becomes fully effective
are repealed to the extent that they are
inconsistent or interfere with the effective
operation of this charter, or of ordinances,
or resolutions adopted pursuant thereto. To
the extent that the Constitution and laws of
the State of Florida permit, all laws relating
to, or affecting this city, or its agencies,
officers or employees which are in force
when this charter becomes fully effective
are superseded to the extent that they are
inconsistent, or interfere with the effective
operation of this charter or of ordinances,
or resolutions adopted pursuant thereto.
Section 9.05. Transitional Schedule.
The City Commissioners seated on the
effective date of this new charter shall
remain seated until their respective
successors are elected and take office as
mandated by the new charter. The terms of
the Mayor and of the two Commissioners
which expire April 8. 2009 are hereby
extended to January 4. 2011. The terms of
the two Commissioners which expire April
5. 2011 are hereby extended to January 8.
2013.
Section 9.06. Effective Date. Section 9.06. Effective Date.
This charter shall be in full force and effect This charter shall be in full force and effect
on November 1. 2008. upon ratification by on April 1, 1997, upon mtification by a
a maiority vote of the Qualified electors majority '.'ole of the qualified electors
votino thereon on Auoust 26.2008. voting thereon on December 3, 1996.
ARTICLE X. EMERGENCY PROVISIONS
Section 10.1. Succession of Office in
Times of Disaster.
(a) It is recoonized that man-made or
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natural disasters may kill or incapacitate
one or more public officials. In such an
event. the followino order of succession
shall be implemented to provide a
continuity of leoal authority and
responsibility to prevent a vacancy in the
city's elective and appointive leadership.
(b) The order of succession in an
emeroency shall be: Mayor. Vice-Mayor.
the senior Commissioner as desionated by
time of service in office. the City Manaoer.
fire chief. police chief. public works director.
finance director. personnel director and
then the secondary manaoement of the
above departments in successive order.
(c) The primary duty of an officer holdino
authority under an emeroency succession
shall be to reestablish public order and
provide for a leoal succession of elected
and appointed officials as rapidly as is
possible under municipal and state laws.
Section 10.2 Emeraencv Ordinances
and Finances
(a) The commission may adopt one or
more emeroency ordinances and
resolutions to meet exioent public
emeroency needs at an open public
meetino where public input on the
emeroency action( s) may be received.
Emeroency ordinances and resolutions
shall require a simple maiority for initial
passaoe and a super maiority for passaoe
of ordinances or resolutions involvino the
same emeroency condition.
(b) The reason( s) for an emeroency
ordinance or resolution must be clearly
delineated in the preamble of the proposed
document. Such emeroency documents
shall contain an enablino clause. a
declaration that an emeroency state exists.
clear lanouaoe as to how the document will
serve the emeroency needs and an
expiration date for the ordinance or
resolution.
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(c) Emeroency ordinances and resolutions
shall not exceed sixty (60) days in duration
and shall become effective immediately
upon adoption or as leoislated in the
ordinance. Emeroency ordinances or
resolutions shall automatically expire on
the sixty-first (61) day after their adoption.
upon repeal. or at such earlier times as
may be set within the ordinance or
resolution. The commission shall cause an
adopted emeroency ordinance or resolution
to be publicized in as rapid a fashion as is
possible under the circumstances.
( d) Emeroency ordinances or resolutions
may not be used to levy taxes: orant.
renew or extend a franchise. authorize
service or user fees for municipal services.
enact a land use plan. or alter zonino
classifications.
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