Ordinance No. 33-10-17 w markupsORDINANCE NO. 33-10-17
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
CALLING FOR A REFERENDUM TO AMEND SECTIONS 14, 36, 39, 40 ,
41 AND 43 OF THE CITY CHARTER TO AMEND THE SCHEDULE AND
PROCEDURES FOR CITY ELECTIONS, AND PROVIDING AN
EFFECTIVE DATE.
BE IN ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: Calling for a referendum election amending the City Charter.
A referendum shall be added to the election ballot on November 2, 2010, to amend
Sections 14, 36, 39, 40, 41 and 43 of the Charter of the City of Atlantic Beach, Florida, to read as
follows:
"Sec. 14. Induction of city commission into office; meetings of the city commission.
After each primary election or general election (if needed, the newly elected city
commissioners shall assume the duties of office at the regularly scheduled meeting of the city
commission held ~-1-5-x: on the second Monday in November provided that the Supervisor of
Elections has certified the election results. If the election results for any contested citX
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 re ug larly 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. 36. Elections.
The city commission shall, by ordinance, make all regulations which it considers
necessary, not inconsistent with this Charter or state law, for the conduct of municipal elections
and for the prevention of fraud therein.
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 ten (10) 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 *'~° ~~°°~*'~ °~ ^~~°~~~* H°°* ~ ° °~'~~° *'~° °'°°*~°~ forty
X40„days prior to the first day of qualifying shall be void. All petitions must be filed with the citX
clerk no later than 10 da~prior to the qualif~g_period. The qualifyi_~period will be ig n no
later than noon on the 71St day (MondayZprior to the primary election and will end at noon on
the 67t" day~Fridax) prior to the primary election. All other qualifying ne~g papers
shall be filed as one instrument with the city clerk during t~qualifying
eriod.
.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
Ordinance No. 33-10-17 2
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.
A primary election for the nomination of candidates for the office of city commissioner
of the city shall be held every two (2) years on the €~ Tuesday that is ten (10 weeks prior to
the General Election ~~~, for each seat on the city commission which shall become
vacant-ft:~r. on the second Monday in November of the same year, or when the newly
elected city commissioners assume the duties office in accordance with Sec. 14 of this Charter.
The two candidates for each seat to be filled receiving the greatest number of votes in said
primary shall be certified as candidates or nominees at the general election, provided, however,
that should any candidate receive at such primary election a majority of all votes cast, he shall be
declared regularly elected and shall not be required to enter the general election as hereinafter
provided. However, should only one candidate be nominated for a particular seat, an election for
that seat will not be required and the unopposed candidate shall be declared elected to the office
of city commissioner.
Sec. 41. Elections: General.
z4t--aA regular or general election of candidates or nominees to the office of city
commissioner shall be held every two (2) years on the first Tuesday after the first Monday in
November, unless all vacancies have been determined by the primary election in accordance with
Section 40 of this Charter. The candidate or nominee receiving the majority of votes 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 ~'.c ' ~~ ' 41
Florida Statutes to determine the winner.
• ,
Ordinance No. 33-10-17 3
Sec. 43. Elections: Canvassing Board, duties.
The City of Atlantic Beach Canvassing Board shall be composed of the City Attorney
City Manager and City Clerk. In the event that any member is unable to serve, a replacement
member shall be appointed by the remaining two board members. Said replacement shall be a
registered voter residing in Atlantic Beach. Should the City of Atlantic Beach municipal election
occur on the same day as a count~pecial election, the county canvassing board will fulfill the
following duties listed in this section. The Atlantic Beach Canvassing~Board shall meet in a
building accessible to the public to publicly canvass the absentee electors' ballots and
provisional ballots as provided for in ~rl~:-fi~~~8, '~48; I-9TVT~d '~~ Florida
Statutes. Public notice of canvassing shall be given at least 48 hours in advance in a publication
of general circulation in the City of Atlantic Beach. The canvass shall be made from the returns
and certificates of the inspectors as signed and filed by them. The canvassing board shall submit
to the Supervisor of Elections the preliminary returns by 11:59 pm on election night. See
F1a.Stat. Chapters 101 and 102 for a complete listing of Canvassing Board duties. The clerk
shall provide a certificate of election to the candidates elected."
SECTION 2. Form of Ballot and Election Question.
The form of ballot and election question to be used in said election shall be as follows:
CHARTER ELECTION BALLOT
November 2, 2010
CITY OF ATLANTIC BEACH
BALLOT TITLE: Amending dates for qual~ing, elections, induction into office;
eliminate inspectors and clerks; appoint canvassing board.
BALLOT SUMMARY: Amending Secs.14, 36, 39, 40, 41 and 43 of the Charter providing
that newly elected commissioners be inducted into office at regular meeting on second Monday in
November, or later if election results not certified,• eliminating city appointed inspectors and clerks for
elections; change dates for qualifying period,• change dates for primary and general elections; and
appointing a canvassing board for city elections.
Shall the above Charter amendments be adopted?
Yes (approve amendments)
No (reject amendments)
SECTION 3. Effective Date of Charter Amendments.
If approved by a majority of the voters at the election on November 2, 2010, then the
Charter amendments shall take effect immediately following the 2010 municipal elections.
Ordinance No. 33-10-17 4
SECTION 4. Effective Date of This Ordinance. This Ordinance shall take effect
immediately upon its final passage and adoption.
PASSED by the City Commission on first reading this 14th day of June, 2010.
PASSED by the City Commission on second and final reading this 28th day of June,
2010.
ATTEST:
Nancy E. iley
Acting City Clerk
Mike Borno
Mayor, Presiding Officer
APPROVED AS TO FORM AND CORRECTNESS:
Esquire
Ci
Ordinance No. 33-10-17 5