Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 21-61, Public Hearing, An Ordinance Moving the Special Election to fill Council District Three Seat to run concurrently with the Special Election for the Mayor’s Seat as allowed by the Florida Elections Code which preempts conflicting provisions of the City Charter and City Code.
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Submitted By: James D. Stokes, City Attorney
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Executive Summary (General Business): Pursuant to the City’s Charter and the principles of good government, the vacancy in the Council District Three Seat must be filled by a Special Election.
Presentation Information: The City Attorney and City Clerk are available to answer questions as needed.
Staff Recommendation: Move that the Council adopt the Ordinance and direct the City Clerk to work with the Supervisor of Elections in the scheduling and administration of a Special Election.
Alternate Recommendations:
1. Move that the Council amend the recommendation and adopt the resolution.
2. Move that the Council not adopt the resolution and provide direction.
Background: The Vice Mayor, holding the District Three Council seat, has submitted a resign-to-run letter in her filing to sun for the vacant Mayor’s seat, and a Special Election has been called to fill that seat. While the City Charter has specified time periods for the administration of a Special Election to fill this vacancy, amendments to the Florida Elections Code have rendered the provisions of the City Charter and some provisions of the City Code as inapplicable and obsolete. Accordingly, pursuant to Section 100.3605(2), Florida Statutes, the Council is authorized to adjusted provisions of the City Charter or any City Ordinance to provide for the orderly transition of these elected offices.
Issues/Analysis: It is recommended for the benefit of the Supervisor of Elections Office, the City, and the electorate, that these two vacancies be filled concurrently in one special election cycle.
Financial Information: The cost of running the District Three seat concurrently will be subsumed in the cost of the special election already necessary for the Mayor’s seat.
Special Consideration: N/A
Location of Project: Citywide.
Attachments:
• Ordinance
• Exhibit A: Title III, Chapter 33, Article II, “Municipal Election Canvassing Board”
• Exhibit B: Resolution 21R-68, setting dates for the special election.
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 6757
Legal Sufficiency Review:
Reviewed by James D. Stokes, City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.