Complete Text of Proposed Amendments To the City of Sarasota Charter

COMPLETE TEXT OF PROPOSED AMENDMENTS TO THE CITY OF SARASOTA CHARTER

Notice is hereby given that the City of Sarasota will hold a referendum on Tuesday, November 6, 2018 for the purpose of submitting to all duly qualified electors of the City of Sarasota, the question of the approval or disapproval of the adoption of the following amendments to the Charter for the City of Sarasota, contained herein:

Title: Change in Date of Election of City Commissioners

Summary:
Changes City Commission elections from March and May in odd numbered years to August and November in even numbered years to coincide with federal, state and county elections. No candidate shall be elected in the August election. The August election shall occur only when required by the number of qualifying candidates. Otherwise, the November election shall be the only election. Changes Commission appointment of Mayor and Vice Mayor to coincide with election dates.

____ Yes, for the Amendment
____ No, against the Amendment

Reference Article III. City Commission, Section 7. Mayor, vice mayor and acting mayor and Article IX. Nominations Election and Referenda, Section 5. Elections.

Following is the complete text of each article proposed to be amended in blackline format (strikethrough shows deletions and underline shows additions):

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ARTICLE III. CITY COMMISSION

Sec. 1. - Composition and district boundaries; eligibility, election and term of members.
(a) There shall be a city commission with all legislative powers of the city vested therein, consisting of five (5) persons who are electors of the city. City commissioners shall be elected to office for a four-year term. Two (2) commissioners shall be elected at-large. Three (3) commissioners shall be elected from single-member districts and shall reside in the district from which he/she is elected. All references to the city commission shall include the mayor unless specific reference is made to the mayor.

(1) Candidates qualifying for the at-large seats on the city commission shall have been residents and qualified electors of the city for a minimum of one (1) year immediately preceding the commencement of the term of office.

(2) Candidates qualifying for district seats on the city commission shall have resided in and shall have been a qualified elector of the respective district for which they are qualifying for a minimum of one (1) year immediately preceding the commencement of the term of office.

(b) The boundary of each of the three districts shall remain fixed and established as existing on the date this Charter takes effect. The city commission shall have the power to change the district boundaries in the manner prescribed by law.

(c) Within one year after publication of each decennial census, the city commission shall consider the number of residents in each of the three districts and, if necessary, cause the boundaries of the districts to be redrawn in order to conform to Constitutional standards and other applicable requirements of law. This provision shall not be deemed to prohibit the city commission from considering restructuring the boundaries of the districts in the event of major changes in the population of any district brought about by annexation, contraction, or substantial population shifts.

Sec. 2. - Nonpartisan election.

All elections to the office of city commissioner shall be conducted on a nonpartisan basis without designation of any political affiliation of any candidate on any ballot.

Sec. 3. - Compensation.

All members of the city commission shall receive, for their services, reasonable annual compensation. Annual compensation shall be the salary authorized by Florida Statutes, Chapter 145.031, for the population group III multiplied by 66.7 percent.
City commissioners shall be reimbursed for expenses incurred in connection with official duties, as approved by ordinance or resolution.

Sec. 4. - Judge of its own election; qualifications of members; forfeiture of office.

The city commission shall be the judge of the election and qualification of its own members, subject to review by the courts. A city commissioner shall forfeit office if he/she (1) at any time during his/her term of office lacks any qualifications for the office prescribed by this Charter or by law, (2) violates any express prohibition of this Charter, (3) is convicted of a felony or a crime involving moral turpitude, (4) fails to attend three (3) consecutive regular meetings of the city commission without being excused by the city commission or (5) ceases to fulfill the residency requirements of this Charter.

Sec. 5. - Filling of vacancies.

A vacancy on the city commission caused by the death, resignation, disability, forfeiture, or recall of any commissioner shall be confirmed in the city records by the remaining commissioners at the next regular or any specially called meeting of the commission. The vacated office shall be filled as follows:

If such vacancy occurs within the first three (3) years of a commissioner's four (4) year term, a special election shall be held within seventy-five (75) days after such vacancy occurs. The person so elected shall serve the remainder of the unexpired term.

If such vacancy occurs within one (1) year prior to the expiration of the commissioner's term, a majority of the remaining commissioners shall, within twenty-one days, appoint a qualified elector to the vacant seat to serve the remainder of the unexpired term. If the city commission fails to make the appointment within twenty-one (21) days, the governor is hereby authorized to appoint a qualified elector to serve the remainder of the unexpired term.

When a special election is called, the qualifying period for candidates shall begin as prescribed by ordinance. Special elections shall otherwise follow the election procedure for regular elections.

If no more than one (1) person qualifies for the special election, that person shall be proclaimed elected to the vacant seat upon the close of the qualifying period.

The qualified elector appointed, the candidate proclaimed elected, or the candidate elected at the special election shall be sworn into office at a special meeting called for that purpose or at the next regularly scheduled city commission meeting.

When three (3) or more vacancies occur so as to prevent the formation of a quorum required by Article III, Section 11, hereof, the governor of the State of Florida is authorized to fill such vacancies by temporary appointments. The city commission so formed shall call for a special election to be held within seventy-five (75) days of such temporary appointments to fill the remainder of each unexpired term. Such temporary appointments shall expire at such time as the newly elected commissioners take the oath of office required under the provisions of Article XI, Section 2.

For special elections to fill vacancies on the city commission or appointments by the commissioners or by the governor to fill vacancies on the city commission:

Candidates qualifying for election or for appointment to fill a vacancy in an at large commission seat shall have been residents and qualified electors of the city for a minimum of one (1) year immediately preceding the date the newly elected or appointed commissioner takes the oath of office required by Article XI, Section 2 of this Charter.

Candidates qualifying for election or for appointment to fill a vacancy in a district commission seat shall have been residents and qualified electors of the district to be represented for a minimum of one (1) year immediately preceding the date the newly elected or appointed city commissioner takes the oath of office required by Article XI, Section 2 of this Charter.

Sec. 6. - City employment prohibitions.

A city commissioner shall not hold any other city position for which he/she receives compensation during his/her term as commissioner or for two (2) years after leaving office.

Sec. 7. - Mayor, vice/mayor and acting mayor.

(a) On the Friday following the second first Tuesday after the first Monday in May November of each year, or thereafter when necessary to fill a vacancy, the city commission shall elect one (1) of its members as mayor and another of its members as vice-mayor of the city. In case the members of the city commission are unable to agree upon the selection of the mayor and/or the vice-mayor within five (5) days after the time fixed herein or within five (5) days after any vacancy occurs, such officers shall be chosen by lot, conducted by the city auditor and clerk, who shall certify the result of such lot in the minutes of the city commission.

(b) In the event of illness, disability, death or absence of the mayor, the vice-mayor shall act as mayor and have all the powers, duties and authority of the mayor; and in the event the vice-mayor signs any instrument in place of the mayor, then it shall be presumed without further proof that the mayor was either ill, disabled, deceased or absent from the city.

(c) In the event of illness, disability or absence from the city of both the mayor and vice-mayor, a quorum of the city commission may appoint an acting mayor for such length of time or for such particular purpose as may be necessary.

Sec. 8. - Functions and powers of mayor.

The mayor shall preside at all meetings of the city commission and perform such other duties consistent with the office as may be imposed by the city commission. The mayor shall have a voice and a vote in the proceedings of the city commission, but no veto power. He/she may use the title of mayor in any case in which the execution of written legal instruments or other necessity arising from the general laws of the state as may be required. This shall not be considered as conferring upon him/her the administrative or judicial functions of a mayor under the general laws of the state. The mayor shall be recognized as the official head of the city by the courts for the purpose of serving civil processes, by the government in the exercise of military law, and for all ceremonial purposes. The incumbent mayor shall present an annual state of the city message. The powers and duties of the mayor shall be such as are conferred upon him/her by the city commission in pursuance of the provisions of this Charter, and no others.

Sec. 9. - Meetings.

The city commission shall meet at such times as it may prescribe by resolution, provided it shall meet regularly not less than twice a month.

The mayor, or any two (2) members of the city commission, may call special meetings of the commission. Written notice shall be posted and delivered to each commissioner at least twenty-four (24) hours prior to the meeting.

The mayor, or any two (2) members of the city commission, may call emergency meetings of the commission. The most appropriate and effective notice under the circumstances shall be provided for emergency meetings. The method of providing notice shall be recorded in the minutes of the meeting.

Sec. 10. - All meetings public; rules and order of business; minutes of proceedings.

All meetings of the city commission shall be public, as provided by state statute, and any person shall have access to the minutes and records thereof at all reasonable times. The city commission shall determine its own rules and order of business and shall keep minutes of its proceedings.

Sec. 11. - Quorum and legislative procedures.

Three (3) members of the city commission shall constitute a quorum.

The affirmative vote of three (3) members shall be necessary to adopt any ordinance or resolution, and the passage of all ordinances and resolutions shall be taken by “yes” and “no” votes entered in the minutes.

Sec. 12. - Emergency succession.

Any vacancy or vacancies on the city commission created by death, resignation, disability or absence during grave public emergencies affecting the operation of the city government shall be temporarily filled immediately in the following order: first, city manager; second, city auditor and clerk; third, deputy city manager; fourth, chief of police; and fifth, director of public works.

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ARTICLE IX. NOMINATIONS
ELECTIONS AND REFERENDA

Sec. 1. - Eligibility and registration to vote.

All qualified electors under the laws of the State of Florida who have resided in the city for the period prescribed by law and have registered according to law shall be entitled to vote in elections in the city.

Registration of electors for all elections in the city shall be conducted by the supervisor of elections of Sarasota County, Florida, unless otherwise prescribed by law or by ordinance of the city.

Sec. 2. - Qualifying for office.

Candidates for the office of city commissioner shall qualify by filing for the office with the city auditor and clerk at such time and in such manner as prescribed by ordinance.

Sec. 3. - Vacancy in candidacy.

If a candidate who has qualified to run for office in a regular or special election should die, withdraw, or for any other reason cease to be qualified for the city commission seat, the election shall proceed if at least two (2) qualified candidates remain. If fewer than two (2) qualified candidates remain, the provisions consistent with Article III, Section 5(a), for filling of vacancies shall apply.

Sec. 4. - Conduct of elections.

All elections for the office of city commissioner shall be conducted on a nonpartisan basis without regard for or designation of political party affiliation.

The city commission shall by ordinance or resolution establish polling places, cause notice to be given to the public as to elections and prescribe other election details; however, except as provided in this Charter and by such ordinance or resolution of the city commission, all elections shall be conducted generally as prescribed by law for state and county elections.

No candidate for the office of city commissioner shall accept a campaign contribution, in cash or in kind services, which would exceed the aggregate amount of two hundred dollars ($200.00) from any single contributor for each election. For purposes of this section, the terms “candidate” and “contribution” shall have the meanings ascribed to those terms by Chapter 106, Florida Statutes, as amended from time to time. For purposes of this section, those elections referred to in this charter as the “first election” and the “second election” shall be considered separate elections. The campaign contribution limits contained in this section shall not apply to contributions from political parties or to amounts contributed by a candidate to his or her own campaign.

No candidate for the office of city commissioner shall accept a campaign contribution from any contributor, other than a natural person. For purposes of this section, a natural person shall mean any human being other than an unemancipated child under the age of eighteen (18).

(e) Candidates for the office of city commissioner shall cause their last period candidate treasurer's reports to be hand delivered to the office of the city auditor and clerk by no later than 5:00 p.m. on the sixth day prior to the date of the election. This deadline may not be extended by the use of a post mark or other courier receipt.

Sec. 5. - Elections.

District seats.

(1) When two (2) three (3) or more persons qualify as candidates for one (1) of the three (3) district seats on the city commission, the qualifiers shall have their names placed on the ballot for the city election to be held on the second Tuesday in March, ten weeks prior to the general election (as defined below), to be known as the first election and to coincide with the primary election prescribed by Florida Statutes. With respect to each district seat, the candidate who is supported by a majority of the voters shall be declared elected.

If no candidate is supported by a majority of the voters in the first election, with respect to any district seat, a A second election shall be held on the second first Tuesday after the first Monday in May November of each even numbered year, to be known as the general election and as currently required by Florida Statutes for the purpose of choosing a successor to each elective federal, state, county and district officer whose term will expire before the next general election. The two (2) candidates receiving the highest number of votes cast in the first election shall have their names placed on the ballot for the second general election. The candidate receiving the support of a majority of the voters in the second general election, in his or her respective district, shall be declared elected.

(2) When only two (2) persons qualify as candidates for one (1) of the three (3) district seats on the city commission, the qualifiers shall have their names placed on the ballot for the city election to be held on the first Tuesday after the first Monday in November of each even numbered year, to be known as the general election and the first election shall not be held. The candidate receiving the support of a majority of the voters in the general election, in his or her respective district, shall be declared elected.

(2) (3) When only one (1) person qualifies as a candidate for a district seat on the city commission the name of such person shall not appear on the ballot, and such person shall be declared elected and shall assume office at the same time and in the same manner as if elected in the regular city general election.

At-large seats.

(1) When three (3) four (4) or more persons qualify as a candidate for the office of city commissioner for the two (2) at-large seats on the city commission, the qualifiers shall have their names placed on the ballot for the city election held on the second Tuesday in March, ten weeks prior to the general election to be known as the first election and to coincide with the primary election prescribed by Florida Statutes. The two (2) candidates receiving the highest number of votes cast in the first election who have also received the support of a majority of the voters shall be declared elected.

If no candidate receives the support of a majority of the voters in the first election, a A second election shall be held, on the second first Tuesday after the first Monday in May November, to be known as the general election and as currently required by Florida Statutes for the purpose of choosing a successor to each elective federal, state, county and district officer whose term will expire before the next general election, to fill the two (2) at-large seats. The three (3) candidates receiving the highest number of votes in the first election shall have their names placed on the ballot for the second general election.

In the event that only one (1) candidate receives the support of a majority of the voters in the first election, the second election shall be held to fill one (1) at-large seat. The two (2) candidates receiving the support of the second and third highest number of voters, in the first election, shall have their names placed on the ballot for the second election.

In the second election any at-large seat that has not been filled by the election of a candidate who receives the support of a majority of the voters after the second election The two at-large seats shall be filled by declaring the candidate or candidates elected who have received the highest number of votes cast in the second general election.

(2) When only three (3) persons qualify as candidates for the two (2) at large seats on the city commission, the qualifiers shall have their names placed on the ballot for the city election to be held on the first Tuesday following the first Monday in November of each even numbered year, to be known as the general election. The two candidates who receive the highest number of votes in the general election shall be declared elected.

(2) (3) When only one (1) or two (2) persons qualify as candidates for an at-large seat on the city commission, the names of such persons shall not appear on the ballot, and such persons shall be declared elected and shall assume office at the same time and in the same manner as if elected in the first general election.

The minimum number of votes required for a candidate for an at-large seat to receive the support of a majority of the voters, as required herein, shall be a number which is equal to half the number of persons voting (as indicated by valid ballots cast) plus one (1).

(c) Commencement and length of term.

Persons elected to the city commission shall assume office on the third day Friday following the second first Tuesday after the first Monday in May November of each even numbered year. Each person elected shall hold office for four (4) years.

Sec. 6. - Canvass of returns; certificates of election.

(a) The result of the voting at elections or referendum, when ascertained, shall be certified by the supervisor of elections of Sarasota County and delivered to the city auditor and clerk. The city commission, at a meeting to be held on the third day following the election, shall declare by resolution the official results of the election or referendum.

(b) The city auditor and clerk shall, not later than 12:00 noon on the third day after the election immediately following the declaration of the official results, furnish a certificate of election, to each person shown to have been elected to the office of city commissioner.

Sec. 7. - Recall elections.

Any person who has been elected to the office of city commissioner may be removed from the office by a recall election. The recall election(s) shall be conducted as prescribed by the election code of the State of Florida [F.S. § 97.011 et seq.] as set out in the Florida state statutes.

Sec. 8. - Referendum on issuance of bonds.

Any referendum on the question of issuance of bonds whereby the faith and credit of the city is to be pledged to their repayment shall be conducted as prescribed by law and by ordinance or resolution of the city commission authorizing the issuance of such bonds.

CITY OF SARASOTA

By: Pamela M. Nadalini, BBA, MBA, CMC
City of Sarasota/Chief Audit Executive

Publish Date: Friday, September 21, 2018

Published in accordance with Article X, Section 2, paragraph (b) of the City of Sarasota Charter.

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