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070207 CRC Election Matters Subcommittee I I ~~ 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: o 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: 2 D ~ ~ - ':.. 'W ',., :', If :,....,. ... ~.. ,~,: ~~'>:1>.~;"",~~~J 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 3 CRC Election Matters Subcommittee 070207 There was discussion of proposed language for Section 2.03 as follows: ~ 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: I 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: ~ 4 c r ~ w .;tV,;f.'.,cJ;r;...~.;t, ~:$-~~'", ...' ~'":-~ ~::" ('~1.ff.~__:..~~....~~~,,!< 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 5 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. a 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. 6 I I I I~ I [ c "..,'........;~~~;,;:~.....'...~..R.~?~Tj{":-- 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 9:!:~I<. lQw~ Secretary jk 7