070207 CRC Election Matters Subcommittee
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CHARTER REVIEW COMMITTEE
Election Matters Subcommittee
Date:
Time:
Place:
Monday, July 2,2007
6:00 PM
Railroad Depot Room, 2nd Floor, Sanford City Hall, 300 N. Park
Avenue, Sanford, Florida 32771
Present: Dennis Stewart
Ed Blacksheare
Jason Brodeur
Otto Garrett
Janet Dougherty
Call to Order
Mr. Stewart called the meeting to order at 6: 16 PM.
Q Approval of Minutes of June 20,2007
Mr. Garrett moved to approve the Minutes. Seconded by Mr. Brodeur
and carried by a vote of the Election Matters Subcommittee as follows:
Dennis Stewart Aye
Ed Blacksheare Aye
Jason Brodeur Aye
Otto Garrett Aye
Final approval of language:
There was a discussion of proposed language for Section 2.01 (a) as
follows:
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Section 2.01. Composition, eligibility, election and terms.
a) City commission. The city commission of the City of Sanford, Florida shall
consist of five (5) members; four (4) commissioners and a mayor, each of whom
shall be elected for a term of four (4) years. No mandatory term limits shall exist
for the mayor and commissioners. The mayor shall be elected at large. Each
commissioner shall live in and be elected by the voters of the district they
represent. The city commissioners and mayor holding office at the time of this
charter ratification shall continue in office until their present terms of office expire
and their successors are duly elected and sworn into office, unless vacancies
CRC Election Matters Subcommittee 070207
therein shall otherwise occur.
Mr. Brodeur moved to approve the language as amended. Seconded by 0
Mr. Blacksheare and carried by a vote of the Election Matters Subcommittee
as follows:
Dennis Stewart Aye
Ed Blacksheare Aye
Jason Brodeur Aye
Otto Garrett Aye
There was discussion of proposed language for Section 2.01 (c) as
follows:
(c) Elections. The regular municipal election for the election of a mayor and city
commissioners shall be held at the same time as the state's general election. Each
candidate shall announce whether he or she is a candidate for the office of mayor.
or shall name the district seat for which they are seeking office. The candidate for
mayor receiving a majority of the votes cast for mayor shall be elected. The
candidate in each group for commissioner receiving a majority of the votes cast in
that group shall be elected. In case no candidate for mayor receives a majority of
the votes cast for mayor in such election, a second election shall be held four (4) 0
weeks following such election, at which election only the two (2) candidates for
mayor receiving the highest vote in the first election shall be candidates, and the
candidate for mayor receiving a majority of the votes cast for mayor shall be
elected. In case no candidate for commissioner in a group receives a majority of
the votes cast in that group in such election, a second election shall be held four
(4) weeks following such election, at which election only the two (2) candidates
receiving the highest vote in the first election shall be candidates, and the
candidate receiving a majority of the votes cast in such group shall be elected. If a
tie should occur during a run-off election the winner of the election shall be
determined by the toss of a coin. The candidate filing the earliest qualifying
papers shall call the coin while it is in the air the city clerk shall toss the coin and
allow the coin to hit the floor to reveal the face of the coin. The face of the tossed
coin shall determine the winner of the race. Write-in votes shall be allowed and
counted only in the first election. Write in ballots shall not be permitted in run-off
elections. The names of unopposed candidates shall not appear on the general
election ballot in accordance with the General Laws, State of Florida.
Any matter which, by the terms of this charter may be submitted to the.
electors of the city at any special election may be submitted and voted upon at the
city's general election.
Mr. Brodeur moved to approve the language as written in Subsection (b) rI
and as amended in Subsection (c). Seconded by Mr. Garrett and carried by a U
vote of the Election Matters Subcommittee as follows:
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CRC Election Matters Subcommittee 070207
Dennis Stewart
Ed Blacksheare
Jason Brodeur
Otto Garrett
Aye
Aye
Aye
Aye
There was discussion of proposed language for Section 2.01 (d) as
follows:
(d) Qualifying for office. Any person who is a qualified elector in the City of
Sanford, and 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 VI, requesting that his
or her name be printed upon the ballot and depositing with such written notice a
sum equal to one percent (1 %) plus the applicable state fees of the then effective
annual salary of the office he or she seeks as qualifying fee, said sum to be placed
in the general fund of the City of Sanford and allocated toward the cost of city
elections. 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. 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 VI, requesting
that his or her name be printed upon the ballot and presenting a written petition with
the names of 250 signers who are eligible electors residing in the commission seat the
candidate seeks. Candidates for mayor qualifying by petition shall present a
written petition with the names of 500 signers who are eligible voters residing
within the city. Petition qualifications may be submitted in whole or in part during
the qualifying period. The city clerk shall cause the names on written qualification
petitions to be certified by the supervisor of elections office 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 qualifications petition attempt.
Mr. Blacksheare moved to approve the language as amended.
Seconded by Mr. Brodeur and carried by a vote of the Election Matters
Subcommittee as follows:
Dennis Stewart
Ed Blacksheare
Jason Brodeur
Otto Garrett
Aye
Aye
Aye
Aye
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CRC Election Matters Subcommittee 070207
There was discussion of proposed language for Section 2.03 as follows:
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Section 2.03. Mayor and Vice-Mayor.
(a) The mayor shall be elected for a term of four years. The mayor shall be
a member of the commission. In addition, he or she shall preside over
meetings of the commission, shall be recognized as head of the city
government for all" ceremonial purposes, and by the governor and
president during lawfully declared states of emergency and for the
purposes of military law. The mayor shall otherwise have no
administrative duties or direct oversight of city employees. If a vacancy
occurs the office shall be filled for the remainder of the unexpired term
in accordance with the procedure established in section 2.06(c).
(b) The city commission shall appoint from among the commissioners an
acting mayor who shall serve as mayor during the temporary absence
or disability of the mayor. The vice-mayor shall be appointed at the first
regularly schedule commission meeting in January of each year. The
office of vice-mayor shall rotated among the commissioners annually
beginning with the senior commissioner and continuing through each
district sequentially in order of each commissioner's seniority in office.
If a vacancy occurs the office shall be filled for the remainder of the
unexpired term by the next senior commissioner.
Mr. Blacksheare moved to recommend the potential language to the
Public Officials Subcommittee for their consideration and ultimate
recommendation. Seconded by Mr. Brodeur and carried by a vote of the
Election Matters Subcommittee as follows:
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Dennis Stewart Aye
Ed Blacksheare Aye
Jason Brodeur Aye
Otto Garrett Aye
There was discussion of proposed language for Section 2.06 as follows:
Section 2.06. Vacancies; forfeiture of office; filling of vacancies.
(a) Vacancies. The office of commissioner or mayor shall become forfeited and
declared vacant upon the death, resignation, conviction of a felony or removal
from office in any other manner authorized by law or forfeiture of office.
Mr. Brodeur moved to approve the proposed language for Section
2.06(a). Seconded by Mr. Otto and carried by a vote of the Election Matters r1
Subcommittee as follows: ~
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CRC Election Matters Subcommittee 070207
Dennis Stewart
Ed Blacksheare
Jason Brodeur
Otto Garrett
Aye
Aye
Aye
Aye
There was discussion of proposed language for Section 2.06(3) as
follows:
(3) is convicted of a felony crime or crime involving moral turpitude, or
There was a consensus recommendation to recommend the potential
language to the Public Officials Subcommittee for their consideration.
There was discussion of proposed language for Section 2.07 as follows:
Section 2.07. Judge of qualifications and involuntary removal from office.
(a) The commission shall serve as the examiners and judge of city elections and
of the qualifications of its members to hold their office.
(b) The commission shall be the judge of grounds for the involuntary forfeiture of
a commissioner's or mayor's office. No commissioner or mayor shall be removed
from office prior to the completion of an investigation authorized by a simple
majority vote of the commission. The commission shall cause a timely and
thorough investigation and hearing of any allegations against a commissioner or
mayor.
(c) A member charged with conduct constituting grounds for forfeiture of office
shall be entitled to a public hearing on demand. Notice of such hearing detailing
the allegations against the member and date of the hearing shall be published in
one or more newspapers of general circulation in the city at least two weeks in
advance of the hearing.
(d) The commission shall have the power to subpoena witnesses, administer
oaths, compel testimony, require the production of and weigh the quality of
evidence as proof of allegations, appoint special counsel to represent the
interests of the city and hire or appoint investigative staff needed to conduct an
investigation of allegations against a commissioner or mayor. The commission
shall hear evidence and testimony and shall formulate a conclusion of innocence
or guilt based upon evidence and testimony adduced during the investigation and
hearing.
(e) A commissioner or mayor may be suspended from office until the completion
of their formal hearing by a simple majority vote of the commission upon a
showing of probable cause to the commission that the mayor or commissioner
committed a violation that could cause a forfeiture of office under section 2.06 of
this charter.
(f) Commissioners or mayors may be removed from office or censured upon a
showing of clear and compelling evidence that the allegations are founded.
Members shall be cleared of allegations when the adduced evidence shall not be
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CRC Election Matters Subcommittee 070207
deemed to be clear and convincing. Decisions made by the commission under
this section shall be subject to a review by the courts. Nothing in this section shall
preclude the right of the people to initiate and carry through a recall petition under
Article VII.
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There was a consensus of the Subcommittee to recommend the
potential language to the Public Officials Subcommittee for their consideration.
There was discussion of proposed language for Section 6.01 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 commission or mayoral
seat as provided by law.
There was discussion of Section 6.02. Mr. Brodeur moved to revise 6.02
to reflect the same language as their prior discussion on the mayor and
commissioners. Seconded by Mr. Blacksheare and carried by a vote of the
Election Matters Subcommittee as follows:
B
Dennis Stewart Aye
Ed Blacksheare Aye
Jason Brodeur Aye
Otto Garrett Aye
There was discussion of Section 6.02 to reflect the same proposed language
as in Section 2.01(d).
There was discussion of proposed language for Section 6.04 as follows:
Section 6.04. Commission to declare person elected.
All candidates elected as-mayor or to the City Commission by regular
election 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.
Mr. Stewart stated Section 6.05 is clear and sees no problems with it. g
There was a consensus to leave Section 6.06 as written.
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CRC Election Matters Subcommittee 070207
There was a consensus to duplicate prior language for Section 6.07. Mr.
Garrett stated the date and Ordinance number need to be updated.
There was a consensus of the Subcommittee that redistricting would
occur at the time of the general election following the census, the process has
to start 30 days after the census figures become official.
There was a consensus of the Subcommittee that during the redistricting
process no commissioner shall be cut out of their seat.
There was a discussion of Article VII. Section 7.03 and the consensus
were to leave it as written.
Mr. Stewart stated he will have specific language for a new Subsection
7.08 with regard to recall at the next meeting.
There was a discussion of Section 9.05 and extend the dates to January.
Establish Meetings
The Subcommittee concurred to hold the next meeting on
Tuesday, July 17,2007,6 PM, in the Railroad Depot Room.
Adjournment
The meeting was adjourned at 7: 19 PM.
Attest
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Secretary
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