4557 Charter Amendment: City Commission VacanciesOrdinance No. 2020-4557
An ordinance of the City of Sanford, Florida calling for a referendum
election to be held on November 3, 2020 for the purpose of
proposing to the electorate of the City of Sanford a revision to the
Section 2.06 of the Charter of the City of Sanford relating to City
Commission vacancies (including Mayor); providing for ballot
language; providing for the duties of the City Clerk; providing for
inclusion in the Charter of the City of Sanford and powers and
authority for the code codifier; providing for severability and
providing for effective date of ordinance and effective date of the
proposed Charter amendment.
Whereas, controlling State law and the Charter of the City of Sanford, Florida
provide for alternative means whereby the City Charter may be amended; and
Whereas, the City Commission of the City of Sanford has concluded that it is
in the best interests of the citizens of the City of Sanford for the City Commission to
propose amendments to the Charter of the City of Sanford at a referendum election in
accordance the Charter of the City of Sanford and Section 166.031, Florida Statutes,
and in the form set forth herein; and
Whereas, the recitals (whereas clauses) herein represent the legislative
findings and intent of this Ordinance; and
Whereas, words with underlined type shall constitute additions to the original
text and st�ike thFough shall constitute deletions to the original text.
Now, Therefore, be it Enacted By the People of the City of Sanford, Florida,
as follows:
Section 1. Proposed Revision Of Section 2.06, City Charter, Filling Of
Vacancies. Section 2.06 of the Charter of the City of Sanford, Florida, is proposed to
be amended to read as follows:
Section 2.06. - Vacancies; forfeiture of office; filling of vacancies.
(a) Vacancies. The office of Mayor or City Commissioner shall become vacant upon
death, resignation, removal from office in any manner authorized by law or forfeiture of
office.
(b) Forfeiture of office. A Mayor or City Commissioner shall forfeit office if the MaVo
or City 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 crime involving moral turpitude, or
(4) fails to attend three consecutive regular meetings of the City Commission without
being excused by the vote of the City Commission.
(c) Filling of vacancies. A vacancy in the office of Mayor or City Commissioner shall
be filled for the remainder of the unexpired term of the position at a regular election if
one shall occur within one hundred and twenty (120) days, but not sooner that ninety
(90) days of the occurrence of a vacancy, if possible under controlling law, and
coordination with the Supervisor of Elections. If a regular election is not able to be
scheduled as set forth in the prior sentence then and in that event, a special election
to fill the vacancy shall be held as soon as possible following the occurrence of a
vacancy in accordance with controlling law and coordination with the Supervisor of
Elections. If the vacancy occurs in the office of Mayor, the remaining City
Commissioners shall determine which City Commissioner shall serve as the presiding
officer until a Mayor is elected. If a regular City election is able to be held to fill the
vacancy, then the candidate elected in the regular elections shall take office as soon as
legally possible after the election occurs. The City Commission may, in its discretion,
appoint an interim City Commissioner to serve until the date an election occurs to fill the
vacancy who may not stand for election at the election to be held to fill the vacancy. At
the time a vaGaRGY iR the Gernmissien __6uFs, if there is less than six (6) menths before
the Rext Fegular City eleGtien, said vaGanGY ill the Gommission -hall be filled by vete of
the remaiRing members of the Gemmission within 30 days after said vaGaRGy shall
and shall be a qualified _eting all qualifiGations LlRdel: law. At the time
e4eGtion, a speGial e!eGt'9R shall be set RG seGRer than sixty (60) days and no lateF than
shall be made by the Gemmissk�n.
Section 2. Ballot Question. The form of the ballot for the Charter
amendment provided for in Section 1 of this Ordinance shall be as follows:'
I See, Section 101.161, Florida Statutes, relating to referenda and ballots relating thereto. The statutory provision
provides as follows:
101.161 Referenda; ballots.—
(1) Whenever a constitutional amendment or other public measure is submitted to the vote of the
people, a ballot summary of such amendment or other public measure shall be printed in clear and
unambiguous language on the ballot after the list of candidates, followed by the word "yes" and
also by the word "no," and shall be styled in such a manner that a "yes" vote will indicate approval
of the proposal and a "no" vote will indicate rejection. The ballot summary of the amendment or
other public measure and the ballot title to appear on the ballot shall be embodied in the
constitutional revision commission proposal, constitutional convention proposal, taxation and
budget reform commission proposal, or enabling resolution or ordinance. The ballot summary of
the amendment or other public measure shall be an explanatory statement, not exceeding 75 words
in length, of the chief purpose of the measure. In addition, for every amendment proposed by
initiative, the ballot shall include, following the ballot summary, a separate financial impact
statement concerning the measure prepared by the Financial Impact Estimating Conference in
accordance with s. 100.371(5). The ballot title shall consist of a caption, not exceeding 15 words in
length, by which the measure is commonly referred to or spoken of. This subsection does not apply
to constitutional amendments or revisions proposed by joint resolution.
31 _ <,
(2) The ballot summary and ballot title of a constitutional amendment proposed by initiative shall
be prepared by the sponsor and approved by the Secretary of State in accordance with rules
adopted pursuant to s. 120.54. The Department of State shall give each proposed constitutional
amendment a designating number for convenient reference. This number designation shall appear
on the ballot. Designating numbers shall be assigned in the order of filing or certification and in
accordance with rules adopted by the Department of State. The Department of State shall furnish
the designating number, the ballot title, and, unless otherwise specified in a joint resolution, the
ballot summary of each amendment to the supervisor of elections of each county in which such
amendment is to be voted on.
(3)(a) Each joint resolution that proposes a constitutional amendment or revision shall include
one or more ballot statements set forth in order of priority. Each ballot statement shall consist of a
ballot title, by which the measure is commonly referred to or spoken of, not exceeding 15 words in
length, and a ballot summary that describes the chief purpose of the amendment or revision in clear
and unambiguous language. If a joint resolution that proposes a constitutional amendment or
revision contains only one ballot statement, the ballot summary may not exceed 75 words in length.
If a joint resolution that proposes a constitutional amendment or revision contains more than one
ballot staternent, the first ballot summary, in order of priority, may not exceed 75 words in length.
(b) The Department of State shall furnish a designating number pursuant to subsection (2) and
the appropriate ballot statement to the supervisor of elections of each county. The ballot statement
shall be printed on the ballot after the list of candidates, followed by the word "yes" and also by
the word "no," and shall be styled in such a manner that a "yes" vote will indicate approval of the
amendment or revision and a "no" vote will indicate rejection.
(c)1. Any action for a judicial determination that one or more ballot statements embodied in a
joint resolution are defective must be commenced by filing a complaint or petition with the
appropriate court within 30 days after the joint resolution is filed with the Secretary of State. The
complaint or petition shall assert all grounds for challenge to each ballot statement. Any ground
not asserted within 30 days after the joint resolution is filed with the Secretary of State is waived.
2. The court, including any appellate court, shall accord an action described in subparagraph 1.
priority over other pending cases and render a decision as expeditiously as possible. If the court
finds that all ballot statements embodied in a joint resolution are defective and further appeals are
declined, abandoned, or exhausted, unless otherwise provided in the joint resolution, the Attorney
General shall, within 10 days, prepare and submit to the Department of State a revised ballot title
or ballot summary that corrects the deficiencies identified by the court, and the Department of
State shall furnish a designating number and the revised ballot title or ballot summary to the
supervisor of elections of each county for placement on the ballot. The revised ballot summary
may exceed 75 words in length. The court shall retain jurisdiction over challenges to a revised
ballot title or ballot summary prepared by the Attorney General, and any challenge to a revised
ballot title or ballot summary must be filed within 10 days after a revised ballot title or ballot
summary is submitted to the Department of State.
(4)(a) For any general election in which the Secretary of State, for any circuit, or the supervisor
of elections, for any county, has certified the ballot position for an initiative to change the method
of selection of judges, the ballot for any circuit must contain the statement in paragraph (b) or
paragraph (c) and the ballot for any county must contain the statement in paragraph (d) or
paragraph (e).
(b) In any circuit where the initiative is to change the selection of circuit court judges to selection
by merit selection and retention, the ballot shall state: "Shall the method of selecting circuit court
judges in the (number of the circuit) judicial circuit be changed from election by a vote of the
people to selection by the judicial nominating commission and appointment by the Governor with
subsequent terms determined by a retention vote of the people?" This statement must be followed
by the word "yes" and also by the word no.
(c) In any circuit where the initiative is to change the selection of circuit court judges to election
4�%
Filling Of Vacancies On City Commission (Mayor Included).
An amendment to amend the Sanford City Charter to provide for the filling of vacancies
on the City Commission (including the office of Mayor) is proposed. The proposal will
result in the electorate choosing replacement Mayors or City Commissioners for
vacancies as opposed to appointments by the City Commission as is mostly done at
present. Interim appointments could be made pending the results of an election. interim
appointees would not be eligible for election.
Yes I
No [
Section 3. Referendum Election.
A referendum election is hereby called to be held November 3, 2020, to present
to the electors of the City of Sanford the ballot question provided for in this Ordinance.
The Supervisor of Elections of Seminole County is hereby requested to coordinate all
matters relating to the said referendum election with the City Clerk, the Division of
Elections of the Florida Department of State, and the City Manager, City Clerk and City
by the voters, the ballot shall state: "Shall the method of selecting circuit court judges in the
(number of the circuit) judicial circuit be changed from selection by the judicial nominating
commission and appointment by the Governor with subsequent terms determined by a retention
vote of the people to election by a vote of the people?" This statement must be followed by the
word "yes" and also by the word "no."
(d) In any county where the initiative is to change the selection of county court judges to merit
selection and retention, the ballot shall state: "Shall the method of selecting county court judges in
(name of county) be changed from election by a vote of the people to selection by the judicial
nominating commission and appointment by the Governor with subsequent terms determined by a
retention vote of the people?" This statement must be followed by the word "yes" and also by the
word "no."
(e) In any county where the initiative is to change the selection of county court judges to election
by the voters, the ballot shall state: "Shall the method of selecting county court judges in (name of
the county) be changed from selection by the judicial nominating commission and appointment by
the Governor with subsequent terms determined by a retention vote of the people to election by a
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Attorney.
Section 4. Duties Of City Clerk.
The City Clerk is hereby directed to ensure that the advertising and notice
requirements of Section 100.342, Florida Statutes, are complied with and to coordinate
all activities necessary to conduct the referendum election called in this Ordinance with
the Supervisor of Elections for Seminole County.
Section 5. Revised Charter Of The City Of Sanford.
If the proposed amendments to the Charter of the City of Sanford is approved by
the electorate in the referendum election called for in this Ordinance, it is the intention
of the City Commission, and it is hereby ordained, that the approved provisions of this
Ordinance shall become and be made a part of the Charter of the City of Sanford. The
City's Code codifier is granted broad and liberal power and authority to codify the
Charter of the City of Sanford in terms of making appropriate harmonizing, technical or
editorial changes and notes that do not affect the substantive provisions thereof.
Section 6. Severability.
Should any section, paragraph, sentence, clause, phrase or other part of this
Ordinance be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of this Ordinance as a whole or any portion thereof, other
than the part so declared to be invalid.
Section 7. Effective Date.
The provisions of this Ordinance shall take effect immediately upon enactment.
The amendments to the Charter of the City of Sanford proposed for approval in this
vote of the people?" This statement must be followed by the word "yes" and also by the word "no(,
,= Ordinance shall become effective only upon approval at a referendum election of the
electors of the City of Sanford in accordance with the provisions of Section 166.031,
Florida Statutes.
Passed and adopted this 27th day of July, 2020.
Attest- Citv Commission of the Citv of
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CITY OF
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Item No. ''7,
CITY COMMISSION MEMORANDUM 20-125
JULY 27, 2020 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Traci Houchin, MMC, ECRM, City Clerk
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manage
SUBJECT: Alternative Ordinances Relating To Ci Charter Amendment; City
Commission Vacancies; Ordinance No. 4 7
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
® Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
The City Commission is being requested to adopt of Ordinance No. 4557, amending the City
Charter, relating to vacancies on the City Commission.
FISCAL/STAFFING STATEMENT:
There are no anticipated costs to the City except for nominal costs. If the referendum election on
the proposed City Charter amendments is not heard in conjunction with the State's General
Election on November 3, 2020; the City could incur substantial costs resulting from a special
election.
The Supervisor of Elections generally requires that matters to be placed before the electorate be
finalized at least 90 days prior to the election in order to facilitated ballot preparation and
distribution of ballots to overseas and military voters. Since the State Primary Election: date is
August 18, 2020; the latest date to provide the Supervisor of Elections with the ballot language
would be the day after that Election is held.
The earlier finalization of this matter results in the least likelihood of any administrative glitches,
the least impact on staff time that may need to be devoted to other matters and the least likelihood
of an emergency arising that would cancel meetings or the like such as a hurricane or a COVID 19
related matter.
BACKGROUND:
The City Commission has discussed the current requirements of the City Charter when a vacancy
occurs in the office of Mayor or City Commission. The City Commission also discussed potential
amendment of the City Charter to modify the provisions of the City Charter to provide for a better
likelihood of an election by the electorate of the City filling a vacancy as opposed to an
appointment by the City Commission.
LEGAL REVIEW:
The City Attorney has assisted in the development of the alternative versions of Ordinance No.
4557 (Options A & B).
The City Commission approved the first reading of Ordinance No. 4557 (Option A) on July 13,
2020.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on July 19, 2020.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 4557.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4557."
Attachments: Ordinance No. 4557