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Exh 7C AGENDA ITEM NO. ~ G DATE: December 6, 1999 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Ordinance No. 33-99-7 -Introduction and First Reading SUBMITTED BY: Maureen King, City Clerk DATE: December 6, 1999 BACKGROUND: On October 25, 1999, the City Commission adopted Resolution No. 99-37 authorizing staffto pursue a change in the date of city elections to coincide with state and federal elections. I have met with the Supervisor of Elections and his assistant, and have discussed the proposed changes with Commissioner Mitchelson who is sponsoring this ordinance. Ordinance No. 33-99-7 was drafted to bring this matter to the voters in the form of a referendum. In addition to the change in the date of elections, the following is a summary of the Charter amendments which would also be required: Sec. 14: Currently, new Commissioners are sworn into office on the first Tuesday in November at a meeting held specifically for that purpose. If the referendum passes, the election would be held on the first Tuesday after the first Monday in November, so the date that new Commissions would take office would have to be changed. Since some comments were made this year that the period between the election and the installation of the new Commission, was too long, installation of the new Commission would now take place at the next regularly scheduled meeting of the City Commission. Sec. 36: Since the Supervisor of Elections staffs the precincts for state and federal elections, it would no longer be necessary fbr the City Commission to appoint election clerks and inspectors. Sec. 39: One of the most significant changes would be the qualifying dates. We would be required to submit the names of our candidates to the Supervisor of Elections by the date of their first primary, which is nine weeks prior to the general election. Qualifying, therefore, would begin ten weeks before the general election and end nine weeks before the general election. We frequently receive complaints that the campaign period is too short, so this would extend the campaign period considerably. in the event arun-offwas required, the run-off election would be held on the third Tuesday following the primary election. Sec. 40: Section 40 changes the date of city elections from the first Tuesday in October (odd numbered years) to the first Tuesday after the first Monday in November (even numbered years). In accordance with Section 14, seats on the City Commission would become vacant on the date and time of the next regularly scheduled meeting following the election. See: 41. A general election {run-off), if required, would be held on the third Tuesday following the primary election, and candidates elected in the run-off election would be sworn into office at the next regularly scheduled meeting of the City Commission. Sec. 43: Currently, the City Commission meets on the evening of the election to canvass the ballots and to declare the official results of the election. Since results would probably not be available until later in the evening, it would seem more appropriate that the Commission meeting to declare the results of the election be held the following day. BUDGET: N/A RECOMMENDATION: Pass Ordinance No. 33-99-7 on first reading and set for public hearing on Monday, January 10, 2000 ATTACPIMENTS: Draft of Ordinance No. 33-9,97 REVIEWED BY CITY MANAGER: ORDINANCE NO. 33-99-7 AN ORDINANCE CALLING FOR A REFERENDUM TO AMEND THE CHARTER OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO CHANGE THE DATE OF CITY ELECTIONS, AND IF APPROVED, TO PROVIDE FOR THE FOLLOWING RELATED CHANGES: TO PROVIDE THAT CERTAIN FUNCTIONS SHALL BE CARRIED OUT BY THE DUVAL COUNTY SUPERVISOR OF ELECTIONS; TO PROVIDE FOR A CHANGE IN THE DATE WHEN NOMINATING PETITIONS MAY BE CIRCULATED; TO PROVIDE FOR AONE-TIME ADJUSTMENT IN THE TERMS OF CURRENT ELECTED OFFICIALS; TO PROVIDE FOR A CHANGE IN THE DATE WHEN COMMISSION SEATS SHALL BECOME VACANT AND NEW COMMISSION MEMBERS SHALL BE INSTALLED; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Atlantic Beach desires to offer a referendum to the voters to change the election dates from October to November; and WHEREAS, such change is deemed desirable by the City Commission in order to promote greater voter participation by holding city elections in conjunction with state and national elections. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH FLORIDA: SECTION 1. A referendum shall be added to the ballot for the election to be held on to amend the Charter of the City of Atlantic Beach, Florida, to read as follows: Question 1. Shall the Charter of the City of Atlantic Beach be amended to change the election dates for City Commission members from October of odd numbered years to November of even numbered years to coincide with state and national elections. Yes, the election dates should b~ changed No, the election dates should not be changed Question 2. Shall one year be added to the terms of current Commission members to bring their terms of office into conformance with the new election schedule. Yes, add one year to the terms of current Commissioners No, do not add one year to the terms of current Commissioners SECTION 2, If the referendum passes, the City Charter shall be amended as follows: Sec. 14. Induction of City Commission into office; meetings of the City Commission. After each general election, the newly elected City Commission members shall assume the -1- duties of office at a the next regular meeting of the City Commission. .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.A. 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, maybe 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: -2- Any signature made earlier than the f~fteentk first day of August next preceding the election shall be void. All nominating papers comprising a petition shall be filed as one instrument with the city clerk, not earlier than 12:00 noon on the seeontl Tuesday ten weeks prior to the primary election nor later than 12:00 noon the Tuesday nine weeks prior to the primary election , . .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 nominatinn 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 maybe 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 maybe 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 first Tuesday after the first Monday in November in 9etaber for each seat on the city commission which shall become vacant at the date and time of the next regularly scheduled meeting of the city commission followingthe primary election eight-t~'~eloe3~ . .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. A regular or general election of candidates or nominees to the office of city commissioner shall be held every two years on the third Tuesday following_the primary election izr6ct~ber, unless all vacancies have been determined by the primary election in accordance with Section 40 of this -3- 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 F.S. 100.181 to determine the winner. Candidates elected in the general election shall be sworn into office at the nett regularly scheduled meeting of the City Commission. Sec. 43. Elections: Canvass of returns. Tfie polls shall open at seven o'clock a.m, and shall close at seven o' clock p.m. or as otherwise provided by Florida Statutes. The result of the voting, when ascertained, shall be certified by return in duplicate, signed by the .Supervisor of elections for Duval Countv. One copy shall be delivered by the Supervisor of Elections to the mayor-commissioner and the other to the city clerk, both of whom shall transmit such returns to the city commission at its regular meeting ' to be held the day following the election. At such meeting, the city commission shall canvass the returns and the result as shown by such returns shall be declared by the city commission to be the result of the election. The city clerk shall, not later than noon of the second day after the canvass of said election, furnish a certificate of election to each person shown to have been elected. SECTION 3. This ordinance shall become effective immediately upon its final passage and adoption. Passed by the city commission on first reading this day of , Passed by the city commission on second and final reading this day of JOHN S. MESERVE Mayor/Presiding Officer ATTEST: M_AUREEN KING Certified Municipal clerk Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney -4-