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071707 CRC Election Matters Subcommittee CHARTER REVIEW COMMITTEE Election Matters Subcommittee ..... Tuesday, July 17, 2007 6:00 PM Railroad Depot Room, 2nd Floor, Sanford City Hall, 300 N. Park Avenue, Sanford, Florida 32771 .... Date: Time: Place: Present: Dennis Stewart Ed Blacksheare Jason Brodeur Otto Garrett Absent: Janet Dougherty Call to Order ,.... Mr. Stewart called the meeting to order at 6: 15 PM. Approval of Minutes of July 2, 2007 ..... Mr. Blacksheare moved to approve the Minutes as revised. 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 discussion of proposed language for Section 7.08 (a) as follows: 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 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 name(s) of the official(s) to be recalled and the reasons for the recall. The electors desiring to recall an elected official shall designate a chairperson for the group. The recall petition shall not contain more than 250 words. The clerk shall file the original petition in the official records Election Matters Subcommittee 071707 of the city, shall provide copies of the recall petition allegations to the accused elected official(s) and shall give the electors desiring to recall an elected city official a copy of the J~",....' original recall petition. .. The city clerk shall give electors desiring to recall an elected official signature forms bearing positions for the printed name, signature, address, precinct number, voter identification number and telephone number of petition signers desiring an elected officials recall for voter certification and verification purposes. The-electors desiring to recall an elected official shall have sixty (60) days from the date the original recall petition was filed to gather certified signatures of twenty (20) percent of the registered electors within the city official's constituency in order to proceed with the recall election. If the requisite certified elector's signatures are not gathered within the sixty (60) day limit the recall effort shall be deemed moot and a recall election shall not be held. Mr. Blacksheare moved to approve Section 7.08 (a) as written. Seconded by Mr. Garrett 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 7.08 (b) as follows: ..., .1 ... Section 7.08. Recall Provisions. (b) Electors desiring that the accused official undergo a recall election shall exhibit copies of the recall petition to all potential signers prior to asking the signer to complete the recall form. Electors desiring a recall of a public official shall complete all of the blanks on the official signature form. Electors circulating recall petitions shall give completed petition forms to the city clerk for certification of the signer's qualifications as an elector. 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. 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. ...... ..... 2 ~,- Election Matters Subcommittee 071707 ,.... Mr. Brodeur moved to approve Section 7.08 (b) as written. Seconded by 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 7.08 (c) as follows: ... Section 7.08. Recall Provisions. (c) The city commission shall schedule a recall election for the involved official within sixty (60) days of a recall effort having attained the certified quantity of qualified electors. The city clerk shall cause a recall election notice to be posted in a newspaper of general circulation at least two (2) times and such postings 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 majority of yes votes shall cause the recall effort to fail and the accused official(s) shall retain office. A simple majority 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. ....... Mr. Brodeur moved to approve Section 7.08 (c) as written. Seconded by 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 7. 08 (d) as follows: Section 7.08. Recall Provisions. (d) Costs for recall petition certification shall be borne by members of the recall committee requesting the recall. ... ... Mr. Brodeur moved to approve Section 7.08 (d) as written. Seconded by Mr. Blacksheare and carried by a vote of the Election Matters Subcommittee as follows: 3 Election Matters Subcommittee 071707 Dennis Stewart Ed Blacksheare Jason Brodeur Otto Garrett Aye Aye Aye Aye J There was discussion of proposed language for Section 8.01 (b) as follows: Section 8.01. Charter Amendment. (b) Proposed charter amendment by the voters of the city shall be by a petition containing the full text of the proposed amendment and shall be governed by the same procedures 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 at least fifteen per cent (15%) 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 scheduled city vote on the amendment. Mr. Brodeur moved to reject the proposed language for Section 8.01 (b). Seconded by 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 J There was discussion of proposed language for Section 8.02 as follows: Section 8.02. Charter Review. Notwithstanding any other provisions for charter amendment listed in 8.01, the city commission shall cause a comprehensive review of the charter to occur by selecting a charter review committee at least every 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. Mr. Brodeur moved to approve the proposed language for Section 8.01 (b) as revised. Seconded by Mr. Garrett and carried by a vote of the Election Matters Subcommittee as follows: ..... Dennis Stewart Ed Blacksheare Aye Aye ... 4 Election Matters Subcommittee 071707 ... Jason Brodeur Otto Garrett Aye Aye .... There was discussion of proposed language for Section 8.03 as follows: Section 8.03. Code of Ethics. All elected officials, department heads and other employees of the City of Sanford shall adhere to the Florida Statutes Code of Ethics for Public Officers and Employees. Mr. Garrett moved to approve the proposed language for Section 8.03. Seconded by Mr. Stewart and carried by a vote of the Election Matters Subcommittee as follows: Dennis Stewart Aye Ed Blacksheare Aye Jason Brodeur Aye Otto Garrett Aye ~ Mr. Stewart stated that the Election Matters Subcommittee concurred with the proposed language for Sections 6.01,6.02,6.04, and 6.06. ..... There was discussion of proposed language for a new section, Section 6.08 as follows: Section 6.08. Campaign Material Bonds or General Fees. Campaign material bonds or fees. The city shall not require that any candidate for elective office post an advance bond, fee or charge for the posting or distribution of campaign signs and materials as a part of the qualification process nor shall the city prohibit the distributing or posting of campaign signs and materials until an advance performance bond or fee is posted. Mr. Brodeur moved to approve the proposed language for Section 8.03. Seconded by Mr. Garrett and carried by a vote of the Election Matters Subcommittee as follows: ,... Dennis Stewart Ed Blacksheare Jason Brodeur Otto Garrett Aye Aye Aye Aye .... Establish Meetings 5 Election Matters Subcommittee 071707 The Subcommittee concurred there would not be another meeting. Adjournment The meeting was adjourned at 6:44 PM. Attest: '~.~ ~. ffM; jk 6 ~ ?J .~ .... ~ .~ .. ...... .....