HomeMy WebLinkAbout4148
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ORDINANCE NO. 2008-4148
An ordinance of the City of Sanford, Florida amending the City
Charter of the City of Sanford pertaining to times at which City
elections are held and resulting and implementing terms of
office; providing for legislative and administrative findings and
intent; creating/revising Section 6.01 of the City Charter
relating to the election of the mayor and city commissioners,
and dates of regular and runoff elections; creating/revising
Section 6.02 of the City Charter relating to the qualification
processes for the elective offices of the mayor and city
commissioners and related matters; creating/revising Section
6.04 of the City Charter relating to the city commission to
declare persons elected and commencement of terms of
office; creating/revising Section 10.05 of the City Charter
relating to a transitional schedule implementing other changes
to provide for orderly transition; providing for conflicts;
providing a savings provision with an additional finding;
providing for severability; providing for codification and
providing for an effective date.
Whereas, Article VIII Section 2(b) of the Constitution of the State of
Florida states that municipalities shall have the governmental powers to enable
them to conduct municipal government, perform municipal functions, and render
municipal services and exercise any power for municipal purposes except when
expressly prohibited by law; and
Whereas, Section 166.021(4), Florida Statutes, provides that changes in
terms of elected officers and the manner of their election shall be by charter
amendment by means of a referendum except for the selection of election dates
and qualifying periods for candidates and to changes in terms of office
necessitated by such changes in elections dates which action may be
accomplished by ordinance and which action the City Commission of the City of
Sanford desires to accomplish and enact; and
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Whereas, Section 100.3605(2), Florida Statutes, further provides that the
governing body of a municipality may, by ordinance, change the dates for
qualifying and for the election of members of the governing body of the
municipality and provide for the orderly transition of office resulting from such
date changes which action the City Commission of the City of Sanford desires to
accomplish and enact; and
Whereas, the aforecited provisions were enacted into law in 1995 by the
Florida Legislative by means of the passage of House Bill 2209 (Chapter 95-178;
Laws of Florida); and
Whereas, House Bill 2209 (Chapter 95-178, Laws of Florida) was passed
by the Florida House of Representatives by a vote of 118-0 and by the Florida
Senate by virtue of a vote of 37-0 and, a review of the legislative history of the
legislation, indicates that all committee votes on the legislative were unanimously
in favor of the legislation; and
Whereas, a review of the legislative staff reports for House Bill 2209
(Chapter 95-178, Laws of Florida) and its companion bill (Senate Bill 1720)
results in the conclusion that numerous public policy arguments were advanced
in favor of the legislation and that the bill was advanced in order to enhance the
electoral processes of Florida municipalities; and
Whereas, the Florida Attorney General has opined that the legislative
changes to Section 100.3605(2), Florida Statutes, as enacted in 1995 by the
passage of House Bill 2209 (Chapter 95-178, Laws of Florida), allow
municipalities to amend their charters to change the election dates and qualifying
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periods for candidates including any changes in terms of offices necessitated by
such amendment such as an extension of terms of office without a referendum
election, see Attorney General Opinion 2000-61, dated October 6, 2000, issued
to Mr. Frank Comparetto, Jr., City Attorney for the City of Mulberry; Attorney
General Opinion 2003-52, dated November 3, 2003, issued to Mr. James C,
Brady, on behalf of the Mayor and City Commission of the City of Fort
Lauderdale; and Attorney General Opinion 2007-34, dated July 24,2007, issued
to Mr. Robert D. Pritt, City Attorney for the City of Naples which legal authority
was also noted in Attorney General Opinion 2008-38, dated July 23, 2008, issued
to Ms. Maura J. Kiefer, City Attorney for the City of Indian Rocks Beach; 1 and
Whereas, the City Commission for the City of Sanford has determined
that it is a fiscally sound policy and management practice and in the best
interests of the electorate of the City of Sanford, as evidenced by the favorable
results of the referendum election held on August 26, 2008, to adjust the dates
and times of its City elections to coincide with general Statewide and Countywide
elections for Federal, State and County offices occurring in biennial years in
accordance with the provisions of Florida law (see Section 100.031, Florida
Statutes); and
Whereas, the City Commission for the City of Sanford has determined
that voter turnout and participation in City elections increase in years in which
1 On October 31, 2008 Circuit Court Judge Clayton D. Simmons, in the case styled Citizens for
Voter Rights, a Political Action Committee, and Citizens for Voter Rights, Inc., a Florida
Corporation, Plaintiffs, v. City of Sanford, Florida, a municipal corporation, Defendant (Case
Number 2008-CA-4671, Eighteenth Judicial Circuit Court), issued a Final Judgment which
adopted the legal authority cited herein. The general effect of the passage of this Ordinance is to
reaffirm the vote of the electorate as sustained by the ruling of Judge Simmons.
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general Statewide and Countywide elections for Federal, State and County
offices occurring in biennial years in accordance with the provisions of Florida
law (see Section 100.031, Florida Statutes); and
Whereas, the City Commission for the City of Sanford has noted that the
financial expense to the City for municipal elections held in conjunction with
Statewide and Countywide elections for Federal, State and County offices
occurring in biennial years is less than the financial expense to the City for stand
alone municipal elections; and
Whereas, the City Commission of the City of Sanford deems it to be in the
best interests of the City and its electorate to adopt this Ordinance for the benefit
of the health safety and welfare of the public and expand and enhance the
exercise of the franchise by the electorate; and
Whereas, the City Commission of the City of Sanford desires that the
elections of the City of Sanford be conducted in an atmosphere that provides the
upmost stability in terms of when elections will occur and related matters; and
Whereas, this Ordinance is enacted pursuant to the home rule powers of
the City of Sanford as set forth at Article VIII, Section 2, of the Constitution of the
State of Florida; Chapter 100, Florida Statutes; Chapter 166, Florida Statutes,
and other applicable controlling law.
Now, therefore, be it enacted by the People of the City of Sanford,
Florida:
Section 1. Legislative/administrative intent and findings.
The above recitals are hereby adopted by the City Commission of the City
of Sanford as the intent and findings relating to this Ordinance and are also
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hereby adopted as substantive provisions of this Ordinance and as administrative
and legislative findings. The provisions of this Ordinance will result in the orderly
transition of office resulting from changes in election dates. It is the desire and
intent of the City Commission to motivate political participation and increase
levels of voter turnout successfully. It is also the desire of the City Commission to
avoid unnecessary litigation costs and provide for certainty in terms of the
electoral processes of the City and to provide the electorate of the City with a
stable electoral environment.
Section 2. Changes in election dates. Section 6.01 of the Charter of
the City of Sanford is hereby created2 to read as follows:
Section 6.01. Election of Mayor and Commissioners; Dates of Regular and
Runoff Elections.
The regular municipal election of the city shall be held simultaneously with
the general state elections of each election year. City commission seats are
hereby designated as Mayor and seats 1, 2, 3, and 4. Candidates for the offices
of Mayor and Commissioner shall file to qualify for that specified Mayoral or
commission seat as provided by law.
Section 3. Qualifications of candidates; form of oath. Section 6.02
of the Charter of the City of Sanford is hereby created3 to read as follows:
Section 6.02. Same-Qualifications of Candidates; Form of Oath.
2 The action herein affirms the actions of the electorate. The text herein is different to a minor
extent to deal with editorial matters in a positive way. This comment also relates to the other
sections of this Ordinance pertaining to revisions to the City Charter.
3 The action herein affirms the actions of the electorate. The text herein is different to a minor
extent to deal with editorial matters in a positive way. This comment also relates to the other
sections of this Ordinance pertaining to revisions to the City Charter.
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(a). Any person who is a qualified elector in the City of Sanford, not a
convicted felon whose civil rights have not been restored and who is otherwise
qualified, may become a candidate for the office of Mayor or City Commissioner
upon filing with the City Clerk a written notice of his or her intention to become a
candidate in accordance with Article " and this Section, requesting that his or her
name be printed upon the ballot and depositing with such written notice a sum
equal to five percent (5%) of the then effective annual salary of the office the
candidate seeks plus the costs of any applicable state mandated election fees as
a qualifying fee for the office sought. All 5% qualification fees shall be placed in
the general 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 general State law.
(b). The period within which a candidate may qualify as above stated
shall begin ninety-two (92) days prior to the election and shall terminate at 12:00
noon on the last regular working day for the City Clerk's office eighty-eight (88)
days in advance of the election date. Qualification can be effected only during
normal working hours for the City Clerk's office.
(c). 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 filing with the City Clerk a written notice of his or her
intention to become a candidate in accordance with Article II and this Section,
requesting that his or her name be printed upon the ballot and presenting a
written petition with the names of two hundred and fifty (250) signers who are
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eligible electors residing in the Commission district seat the candidate seeks.
Candidates for Mayor qualifying by petition shall present a written petition with
the names of five hundred (500) signers who are eligible voters residing within
the City. The form of the petition shall comply with Florida law. Petitions for
placing a candidate's name on the ballot may be submitted to the City Clerk for
verification in whole or in part. Candidates qualifying by petition may begin
collecting and turning in names on petitions one hundred and twenty (120) days
in advance of the opening of the qualifying period. All petitions for placing a
candidate's name on the ballot must be received by the City Clerk's office prior to
the end of the qualifying 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 being unable to meet the
required numbers of certified electors during their qualification petition attempt.
(d). The costs, as required by State law, of elector certifications shall be
paid to the City Clerk by the individual candidate(s) requesting the certification as
a part of the qualifying procedures.
(e). The City Clerk shall verify the residency of candidates for Mayor
and the City Commission district seats. Candidates shall reside in the district for
which he or she seeks to qualify and shall sign an affidavit of residency and shall
provide suitable documents establishing his or her residency as a part of the
qualification process. Documents that shall suffice to serve as authoritative proof
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of residency include, but are not limited to, driver's licenses, homestead
exemption documents, passports, voter identification cards, other governmental
identification cards and utilities bills. Elected Commissioners for the Commission
shall physically reside in the district they are elected to represent or reside in the
district they seek to represent.
(f). It is understood that emergency exigent circumstances may arise
from time to time.
(g). Should an exigent circumstance cause the physical place of abode
of a Commissioner to be uninhabitable or destroyed and he or she is 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 his or her elective district.
(2). Failing such effort, the Commissioner/candidate must seek the
approval of the City Commission to temporarily reside outside his or her elected
district.
(3). Commission authority for a Commissioner/candidate to reside out
of district shall be granted for such reasonable period as a valid exigent
temporary relocation requirement exists as determined by the Commission.
(4). Requests for extension shall be heard and acted upon by the
Commission giving attendance to all exigent circumstances.
(h). 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
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by qualifying as described above and taking and subscribing to an oath or
affirmation in substantially the form as required by the general laws of Florida.
Section 4. Changes in dates relating to commencement of terms
of office. Section 6.04 of the Charter of the City of Sanford is hereby created4 to
read as follows:
Section 6.04. Commission to Declare Person Elected/Commencement of
Term of Office.
All candidates elected as Mayor or to the City Commission by regular
election as provided in Section 6.01 shall take office on the first regularly
scheduled Monday commission meeting in January immediately following the
regular election. All candidates elected by special election shall take office after
certification of the election results by the Commission.
Section 5. Extension of terms of office/orderly transition of office.
Section 10.05 of the Charter of the City of Sanford is hereby created5 to read as
follows:
Section 10.05. Transitional Schedule.
The City Commissioners seated on the effective date of this Ordinance
shall remain seated until their respective successors are elected and take office
in accordance with Section 2 hereof. The terms of the Mayor and of the two
Commissioners which would have expired on April 7, 2009 are hereby extended
to January 10, 2011. The terms of the two Commissioners which would have
4 The action herein affinns the actions of the electorate. The text herein is different to a minor
extent to deal with editorial matters in a positive way. This comment also relates to the other
sections of this Ordinance pertaining to revisions to the City Charter.
5 The action herein affinns the actions of the electorate. The text herein is different to a minor
extent to deal with editorial matters in a positive way. This comment also relates to the other
sections of this Ordinance pertaining to revisions to the City Charter.
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expired on April 5, 2011 are hereby extended to January 14, 2013. All of said
actions are implemented in order to effectuate the orderly transition of office.
Section 6. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are
hereby repealed.
Section 7. Savings Declaration.
The prior actions of the City of Sanford in terms of the matters relating to
Charter of the City of Sanford amendments as well as the actions of the
electorate of the City of Sanford are hereby ratified and affirmed. The City
Commission of the City of Sanford hereby finds and determines that the
substance of the provisions of this Ordinance is substantially similar in text
scope and effect as to the recent amendments to the City Charter approved by
the electorate of the City.6
Section 8. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is
determined to be invalid, unlawful or unconstitutional, said determination shall not
be held to invalidate or impair the validity, force or effect of any other section;
sentence, phrase, word, or portion of this Ordinance not otherwise determined to
be invalid, unlawful, or unconstitutional.
Section 9. Codification.
This Ordinance shall be codified in the Charter of the City of Sanford;
provided, however, that Sections 1, 6, 7, 8, 9 and 10 shall not be codified.
6 The aforementioned Final Judgment of Judge Simmons has been purportedly appealed, but
that filing has no impact on the action taken in this Ordinance.
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Section 10. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 8th day of December, 2008.
City Commission of the City of
Sanford, Florida
Seminole County, Florida
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Linda K hn, Mayor .
Attest:
r<.i)w ^~
anet Dougherty, Cit lerk
Approved as to form and
legality:
Certificate
i, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 4148, Passed and
Adopted by the City Commission of the City of Sanford, Florida, on the 8th day of
December, 2008, was posted at the front door of the City Hall in the City of
Sanford, Florida, on the 11th day of December, 2008.
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