Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 22-48, Public Hearing, An Ordinance Calling for a Referendum to Amend the City’s Charter at the Next General Election on November 8, 2022 and Approving the Ballot Language.
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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): The City’s Charter can only be amended through a referendum of the electors (except in limited situations), after ballot language is approved by ordinance. In the event these amendments to the Charter are desired by Council, this ordinance must be adopted, the ballot questions will then be delivered to the Supervisor of Elections for inclusion on the ballot of the next general election (November 8, 2022).
Presentation Information: Attorney and Staff are available to answer questions as needed.
Staff Recommendation: Move that the Council adopt the proposed amendments and approve the ballot language as contained in the ordinance.
Alternate Recommendations:
1. Move that the Council decide to defer review of the Charter to a later election cycle.
2. Move that the Council provide staff with alternative directions.
Background: The City’s Charter has not been amended since November 2, 2004, which resulted from a comprehensive review by a Charter Review Committee commencing in 2002. Law allows the City Council to decide what Charter revisions will be submitted to the electors, or to convene a Charter Review Commission for recommendations.
Issues/Analysis: The City’s Charter is the governing document of City Government, much like the Constitution is to State or Federal Government. All ordinances and other actions of the City must be compliant and consistent with the Charter. The Charter can only be amended pursuant to approval by the voters, except in very limited situations.
Financial Information: Referendum questions will only cost the City in the event that inclusion on the general election ballot necessitates an additional ballot page. This will not be known until all ballot material from all sources (federal, state & local) are submitted to the SoE.
Special Consideration: In order to give the Supervisor of Elections the time needed to get these referendum questions on the ballot for November 8, 2022, a certified copy of this ordinance must be delivered to the SoE by August 10, 2022. Additionally, the City will have certain publishing obligations which must be met.
Attachments:
1. Ordinance
2. City Charter (current).
3. Section 166.031, Florida Statutes (on amending municipal charters).
4. Letter from Supervisor of Elections (dated March 29, 2022).
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: N/A
Legal Sufficiency Review:
Reviewed by James D. Stokes, City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.