Ordinance No. 33-24-29 (Question #2)ORDINANCE NO. 33-24-29
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF
ATLANTIC BEACH ARTICLE II, THE COMMISSION, SEC. 12 —
VACANCIES IN THE CITY COMMISSION, SEC. 14 — INDUCTION OF
CITY COMMISSION INTO OFFICE; MEETINGS OF THE CITY
COMMISSION, ARTICLE IX, ELECTIONS, SEC. 39 — NOMINATIONS,
SEC. 40 — ELECTIONS: PRIMARY AND SEC. 41 — ELECTIONS:
GENERAL; SUBMITTING THE AMENDMENTS TO THE CHARTER
FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR
APPROVAL OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE
OF THE CHARTER AMENDMENTS ON THE BALLOT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach, Florida, after receiving input from the Charter
Review Committee and from its citizens, finds that the proposed amendments to the City Charter
as attached to this Ordinance should be submitted to the qualified electors of the City of Atlantic
Beach for consideration; and
WHEREAS, the City of Atlantic Beach, appreciates the diligent efforts of the Charter
Review Committee comprised of: Bruce Andrews, Debbie Buckland, Charles "Chip" Drysdale,
Kelly Elmore, Ellen Golombek, Kirk Hansen, Mitchell Reeves, Suzanne Shaughnessy, Jennifer
Lagner, Dawn Scott, Steve Swann, and Donald Young pursuant to and under the Chairmanship
of William "Bill" Gulliford; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida finds that the
adoption of this Ordinance is in the best interest of Atlantic Beach, Florida and its citizens.
NOW THEREFORE, BE IT ENACTED by the City Commission on behalf of the people
of the City of Atlantic Beach, Florida:
SECTION 1. Proposed Amendments to Charter. The City Commission of the City of
Atlantic Beach, Florida hereby proposes the following amendments to the City Charter:
Article II — The Commission
Sec. 12 — Vacancies in the city commission, to add reference to "primary" elections
as applicable.
Sec. 14 — Induction of City Commission into Office — Meetings of City
Commission, to clarify that commission members including the mayor begin their
terms at the City's first regular commission meeting in December or after the
election certification results are determined, whichever is later; and
Article IX — Elections
Sec. 39 — Nominations, to add references to "primary" elections in addition to
"general" as applicable,
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Sec. 40 — Elections: Primary, to add the requirement to hold primary elections if
there are more than two candidates running for the same elective office, and
Sec. 41 — Elections: General, to provide that general elections for all City
Commission seats be determined in the general election unless the seat has been
determined in the primary election,
all as set forth in Exhibit A attached hereto and incorporated herein by reference, which, if
approved by the qualified electors of the City, would replace the former provisions of Sections 12,
14, 39, 40 and 41 of the City Charter.
SECTION 2. Submission of Charter Amendments to Public Referendum. The
amendments to the Charter of the City of Atlantic Beach, Florida set forth in the attached Exhibit
A shall be submitted to public referendum at the next general election held in the City of Atlantic
Beach, Florida for approval or disapproval by the qualified electors of the City.
SECTION 3. Appearance of Charter Amendments on Ballot.
a. The ballot title to be used in said election shall be as follows:
PROPOSED AMENDMENTS TO THE ATLANTIC BEACH CITY CHARTER
TO MODIFY CITY COMMISSION ELECTION PROCEDURES
b. The ballot summary shall be as follows:
Shall the City Commission election procedures set forth in Sections 40 and 41 of
the Atlantic Beach City Charter be modified to add a requirement to hold primary
elections when more than two candidates are running for the same Commission
seat, and further, that references to "primary" elections, and the timing of newly
elected Commissioners taking their seat, be added to Sections 12, 14 and 39 of the
Charter, be adopted?
Below the summary shall appear the following:
YES NO
SECTION 4. Effective Date. The proposed amendments to the Charter of the City of
Atlantic Beach shall become effective upon approval by the electors of the City and shall be filed
with the Florida Department of State as required by law.
PASSED by the City Commission on first reading, this day of June, 2024.
PASSED by the City Commission on second and final reading, this day of July, 2024.
Ordinance No. 33-24-29 Page 2 of 6
CITY OF ATLANTIC BEACH
ATTEST:
or.& -ate,
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jasel,\City Attorney
u
is Ford, ayor
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EXHIBIT A
Proposed Amendments to Sections 12 and 14 of Article II, and
Sections 39, 40 and 41 of Article IX, of the City Charter
CITY OF ATLANTIC BEACH
CHARTER
ARTICLE II. — THE COMMISSION
***
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 primary or general
election, as applicable.
***
Sec. 14. - Induction of city commission into office; meetings of the city commission.
After each general Following certification of election results, the newly elected city
commissioners, including the mayor, shall assume begin their terms at the City 's first regular
commission meeting in December, or if election certification results have not been determined by.
then. the first regular commission meeting thereafter, whichever is later, the duties of office at the
regularly scheduled meeting of the city cm -mission held on the second Monday November
provided that the Supervisor of Electicnc h c certified the electi:n wilto. If the lection results
for any contested city ocrrx: ssion seat cannot be certified prior to the meeting to be held on the
second Monday in 1`� .,arr w\ then any newly elected city commissimm-aia11 aceme the duties
of office at the next regularly scheduled meeting of the city aommior' : • _ - - -
certified election results from the Supervisor of E2cctions. 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.
***
ARTICLE IX. — ELECTIONS
***
Sec. 39. - Nominations.
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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 primary election and will end
at noon on the 67th day (Friday) prior the general primary election, as set forth in
Section 99.061(2), Florida Statutes. 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
1,
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Within two business 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 arc no p ary electiono for any seat on the City Co s 'onion of the City of Atlantic Beach.
When more than two (2) candidates are running for the same elective office, the primary election
shall be held only for the municipal offices that have more than two candidates running for the
same seat. Such primary election date shall be set in accordance with Section 100.061, Florida
Statutes for that year for each seat on the city commission which shall become vacant in accordance
with Sec. 14 of this Charter. If at the primary election, a candidate receives a majority of all votes
cast, he or she shall be declared elected of office and his or her name shall not be placed on the
ballot in the general election. In the event that a candidate does not receive a majority of all the
votes cast in the primary election, then the names of the candidates placing first and second shall
be placed on the ballot in the general election.
Sec. 41. - Elections: General.
Beginning with the year 2019 next election after adoption:
A regular or general election of ocr didat&r or nominees to the office of city :\IXTImiix or er he
held every ever: nurthcred year on gyro ma= day as Florida's General Election When two (2)
candidates are running for the same elective office_ the general election date shall be set according
to Section 100.031, Florida Statutes for that year for each seat on the city commission which shall
become vacant o^ the Gecon Monday in Nc'iembcr of tlw ia: year, or when the newly elected
city occmmiL;sioners assume the duties of office in accordance with Sec. 14 of this Charter, unless
all vacancies have been determined by the primary election in accordance with Sec. 40 of this
Charter. The candidate or nominee receiving the plurality majority 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.
Words stricken are deletions; words underlined are additions.
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