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Charter Sections affected by election schedulesHi Jason, Following up from our discussion, please consider the following Charter Sections (shown below) which I believe may be relevant/affected by changes to the election schedule. Sec. 12. Vacancies in the city commission. If any vacancy occurs in the city commission, the city commission shall elect, within fifteen (15) days of the vacancy, by the affirmative votes of not less than three members, an eligible person as defined in Sec. [Section] 6 of this article to fill the vacancy until the next general election. Sec. 14. Induction of city commission into office; meetings of the city commission. After each general election, the newly elected city commissioners shall assume the duties of office at the regularly scheduled meeting of the city commission held on the second Monday in November provided that the Supervisor of Elections has certified the election results. If the election results for any contested city commission seat cannot be certified prior to the meeting to be held on the second Monday in November, then any newly elected city commissioners shall assume the duties of office at the next regularly scheduled meeting of the city commission following receipt of the certified election results from the Supervisor of Elections. Until the newly elected city commissioners assume the duties of office, the previous sitting city commissioners shall remain in office. All other regular meetings of the city commission shall be fixed by ordinance, but there shall not be less than one regular meeting each month. Except as provided by Florida's Government-in-the-Sunshine Law (F.S. 286.011), all meetings of the city commission shall be open to the public. Sec. 39. Nominations. Any elector of the city having the additional qualifications and limitations as set forth in Article II, Section 6, may be nominated for a seat in the city commission. Such nomination shall be only by petition. A petition for this purpose shall be signed by not less than twenty-five (25) qualified electors of the city. The signatures on the nominating petition need not all be subscribed on one paper. Each separate paper shall have affixed a signed statement of the circulator thereof stating the number of signers of such paper and that each signature appended thereto was made in the presence of the circulator and is the genuine signature of the person whose name it purports to be. Each signer, including the circulator, shall provide his/her place of residence, including the street and number. The form of the nomination petition shall be substantially as follows: "We, the undersigned electors of the City of Atlantic Beach hereby nominate _______ whose residence is _______ for the office of Commissioner, Seat No. _______ to be voted for at the election to be held on the _______ day of _______, _______ A.D., and we individually certify that our names appear on the rolls of registered voters, and that we are qualified to vote for a candidate for the city commission. Name, street, and number address from which last date of registered (if different) signing. (Spaces for signatures and required date) STATEMENT OF CIRCULATOR The undersigned is the circulator of the foregoing paper containing _____ signatures. Each signature appended thereto was made in my presence and is the genuine signature of the person whose name it purports to be. SIGNATURE OF CIRCULATOR ADDRESS: " Any signature made earlier than forty (40) days prior to the first day of qualifying shall be void. All petitions must be filed with the city clerk no later than 10 days prior to the qualifying period. The qualifying period will begin no later than noon on the 71st day (Monday) prior to the general election and will end at noon on the 67th day (Friday) prior the general election. All other qualifying papers shall be filed as one instrument with the city clerk during the qualifying period. The city clerk shall make a record of the exact time at which each petition is filed, and shall take and preserve the name and address of the person by whom it is filed. No nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination in substantially the following form: "ACCEPTANCE OF NOMINATION I hereby accept the nomination for Seat No. _______ on the city commission and agree to serve if elected. SIGNATURE OF CANDIDATE " Within two days after the filing of a nominating petition, the city clerk shall notify the candidate and the person who filed the petition whether or not it is found to be signed by the required number of qualified electors. If a petition is found insufficient, the city clerk shall return it immediately to the person who filed it with a statement certifying wherein the petition is found insufficient. Within the regular time for filing petitions, such a petition may be amended and filed again as a new petition, in which case the time of the first filing shall be disregarded in determining the validity of signatures thereon, or a different petition may be filed for the same candidate. The petition of each person nominated to be a member of the city commission shall be preserved by the city clerk until the expiration of the term of office for which the candidate has been nominated. Sec. 40. Elections: Primary. There are no primary elections for any seat on the City Commission of the City of Atlantic Beach. Sec. 41. Elections: General. Beginning with the year 2019: A regular or general election of candidates or nominees to the office of city commissioner shall be held every even-numbered year on the same day as Florida's General Election for that year for each seat on the city commission which shall become vacant on the second Monday in November of the same year, or when the newly elected city commissioners assume the duties of office in accordance with Sec. 14 of this Charter. The candidate or nominee receiving the plurality of votes cast for each seat at such general election shall be declared elected. In the event of a tie between two candidates in the general election the candidates shall draw lots in accordance with Florida Statutes to determine the winner. Sec. 81. Periodic review A Charter Review Committee consisting of at least nine (9) and no more than fifteen (15) electors of the City shall be appointed by the City Commission every eight (8) years to review the City Charter and propose any amendments or revisions, which may be advisable for placement on the regular municipal election ballot. The City Commission shall appoint the Charter Review Committee in January of the year immediately preceding the election with a definite and specific charge. The Charter Review Committee shall meet for the purpose of organization within thirty (30) days after the appointments have been made. The Charter Review Committee shall elect a chair and vice chair from among its membership. Further meetings of the Charter Review Committee shall be held upon the call of the chair or a majority of the members of the Charter Review Committee. All meetings shall be open to the public. No Charter amendment or revision shall be submitted to the electorate for adoption unless favorably voted upon by a majority of the entire membership of the Charter Review Committee. No later than one-hundred and eighty (180) days prior to the regular municipal election, the Charter Review Committee shall deliver to the City Commission the proposed amendments or revisions, if any, to the City Charter. Each proposed amendment shall embrace but one subject and matter directly connected therewith. The City Commission may by resolution place such amendments or revisions as approved by the Charter Review Committee on the next regular municipal election ballot. If a majority of the electors voting on the amendments or revisions favor adoption, such amendments or revisions shall become effective on January 1 of the succeeding year or such other time as the amendment or revision shall provide. If the Charter Review Committee does not submit any proposed Charter amendments or revisions to the City Commission at least one-hundred and eighty (180) days prior to the regular municipal election, the Charter Review Committee shall be automatically dissolved. Otherwise, upon acceptance, further amendment or rejection of the proposed amendments or revisions by the City Commission, the Charter Review Committee shall be automatically dissolved. Hope this helps! Please let me know if you have any questions. Thank you, Donna L. Bartle City Clerk City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5809 ennifer@gmail.com <mailto:lagnerjennifer@gmail.com> >, "Kelly Elmore" <kellmore@comcast.net <mailto:kellmore@comcast.net> >, "Kirk Hansen " <Schmirkley@bellsouth.net <mailto:Schmirkley@bellsouth.net> >, "Mitch Reeves" <Mitch@MitchReeves.com <mailto:Mitch@MitchReeves.com> >, "Steve Swann" <scswann@gmail.com <mailto:scswann@gmail.com> >, "Suzanne Shaughnessy" <suzanneatcrc@gmail.com <mailto:suzanneatcrc@gmail.com> >, "William Bill Gulliford" <gulliford@usa.com <mailto:gulliford@usa.com> > Subject: FW: Time-line for Proposed Amended Article IX - ELECTIONS - Sec. 41 / Request Deadline of February 21 for submission , notice ,and publication Forwarding the email below from Carolyn Zisser. Thank you, Donna L. Bartle City Clerk City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5809 From: Carolyn Zisser [mailto:CZisser@zisserfamilylaw.com] Sent: Friday, January 26, 2024 4:08 PM To: Gulliford@USA.com <mailto:Gulliford@USA.com> Cc: Bartle, Donna <dbartle@coab.us <mailto:dbartle@coab.us> >; Charter Review Committee <crc@coab.us <mailto:crc@coab.us> > Subject: Time-line for Proposed Amended Article IX - ELECTIONS - Sec. 41 / Request Deadline of February 21 for submission , notice ,and publication Good afternoon Bill, This is to follow up your request to the City Attorney Jason Garbriel, Esq., at the end of the Charter Review Committee meeting this past Wednesday, January 24 , to draft the revised Article IX – ELECTIONS – Sec. 41 , voted on at the CRC meeting on December 18 which now mandates that all candidates for Atlantic Beach commissioner/s receive a majority of the votes cast, rather than a plurality of votes cast, and send to Jerry Holland for further clarification. Thank you for recognizing my citizen’s input at the end of the meeting, in which I requested that you instruct an advance deadline of February 21, 2024, (7 days prior to the next CRC meeting on February 28, 2024), for Mr. Gabriel to complete this revised Sec. 41 in accordance with the CRC vote ,receive input from Jerry Holland well before February 21 , and submit this Revised Section 41 in a form for the CRC and the Atlantic Beach citizens to read in the published Itinerary in advance of the February 28, 2024 CRC meeting. Mr. Gabriel commented after I spoke that he would like this deadline directive to come from you. Setting and communicating this February 21, 2024 deadline to Mr. Gabriel , for a completed draft revised Section 41 that also includes Jerry Holland’s input , is also necessary as a reminder to him as you previously requested this amended Section 41 at the CRC meeting on December 18, 2023, as is clearly stated in the Minutes of that meeting. I hope that by you communicating this advance deadline directive to the appropriate individuals, that the voted upon Revised Article IX, Section 41 be correctly drafted well in advance of the February 28, 2024 meeting , for thoughtful advance review by the CRC and by Atlantic Beach citizens, in a form to be submitted to the full Commission with the other voted upon revisions to the Atlantic Beach Charter. Thank you for your consideration of this matter. I will be happy to be of further assistance as necessary. Sincerely, Carolyn S. 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