HomeMy WebLinkAbout2009 04 27 Public Hearings 501 Second Reading Ordinance 2009-09 Electronical Filing of Campaign ReportsCOMMISSION AGENDA
Consent
ITEM 501 I Informational
Public Hearing x
Regular
Apri127, 2009
Meeting
REQUEST:
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Att. / Dept.
The City Attorney requests that the City Commission consider on Second and Final Reading
Ordinance No.2009-09 which would require that all candidates for municipal election within Winter
Springs to electronically file their campaign reports with the Seminole County Supervisor of
Elections utilizing the electronic reporting system established by the Supervisor of Elections.
PURPOSE:
The purpose of Ordinance No. 2009-09 is to require that candidates running for municipal
office within Winter Springs to electronically file their campaign reports with the Seminole County
Supervisor of Elections in addition to filing an original paper copy with the City's filing officer.
APPLICABLE LAW AND PUBLIC POLICY:
1. Florida Municipal Home Rule Powers Act.
2. Section 106.07(2)(a)2., Florida Statutes.
CONSIDERATIONS:
1. As presented in City Commission Agenda Item 607 on March 23, 2009, the Seminole County
Supervisor of Elections has requested that each city within Seminole County require municipal
candidates to electronically file campaign treasurer's reports utilizing an electronic reporting system
Page 1 of 2
maintained by his office.
2. On March 23, 2009, the City Commission directed that the City Attorney prepare an ordinance
requiring the electronic filing of campaign treasurer's reports with the Supervisor of Elections.
3. Section 106.07(2)(a)2.,Fiorida Statutes, expressly authorizes a municipality to impose additional
electronic filing requirements on its own officers and candidates not in conflict with law.
4. The proposed electronic filing requirement shall be deemed supplemental and in addition to the
requirements already required by law. The electronic filing deadline will be the same deadline for
filing the original paper copy with the City's filing officer.
STAFF RECOMMENDATION:
The City Commission has the policy making discretion to impose this electronic filing requirement.
The City Attorney recommends that the City Commission consider adopting Ordinance 2009-09 in
accordance with the policy established by the City Commission.
ATTACHMENT:
Ordinance No. 2009-09.
COMMISSION ACTION:
l . On March 23, 2009, the City Commission directed that this Ordinance be prepared and presented
to the City Commission for adoption.
2. On April 13, 2009, the City Commission passed this Ordinance on First Reading.
Page 2 of 2
QRDINANCE N0.2009-09
A ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 2,
ARTICLE IV OF THE CITY CODE, REQUIRING THAT ALL
CANDIDATES IN MT.INICIPAL ELECTIONS SUBMIT
CAMPAIGN REPORTS ELECTRONICALLY WITH THE
SEMINOLE COUNTY SUPERVISOR OF ELECTIONS, BY
CREATING A NEW SECTION 2-97 ENTITLED
"ELECTRONIC FILING OF CAMPAIGN REPORTS
REQUIRED;" PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under section 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the Florida Legislature amended section 106.07(2)(a)2., allowing political
subdivisions, by ordinance or resolution, to require that all candidates for municipal office file
campaign reports electronically; and
WHEREAS, the Seminole County Supervisor of Elections has requested that all candidates
for municipal office utilize the Online Treasurer Reporting System provided by the County
Supervisor of Elections; and
WHEREAS, the uniform electronic filing of campaign reports by all candidates for County
or Municipal office will facilitate public access to campaign finance information; and
WHEREAS, the City Commission desires to create a new section 2-97 of the City Code,
entitled "Electronic Filing of Campaign Finance Reports Required"; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
City of Winter Springs
Ordinance No. 2009-09
Page i of 3
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code Chapter 2, Article N,
Elections, is hereby amended to create a new section 2-97 as follows (underlined type indicates
additions to the City Code):
Sec. 2-97. Electronic filing of campaign finance reports reauired.
All candidates for elected office in the City of Winter Sprin s shall
electronically file their campaign treasurer's reports with the office of the Seminole
County Supervisor of Elections by utilizing the Supervisor's online campaign
treasurer reporting system. The electronic filing deadline for a completed campaign
report shall be the same as the deadline established by law for filing an original paler
copy of the report with the Cites filing officer. The electronic filing required by this
section shall be deemed supplemental and in addition to filing an on i~, pal pa er coQv
of the campaign treasurer's report with the City's filing officer.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading maybe
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter. This Ordinance shall not apply retroactively. As such, electronic filing of campaign
treasurer's reports required by this Ordinance shall not commence until the next campaign
treasurer's report is due after Apri127, 2009.
City of Winter Springs
Ordinance No.2009-09
Page 2 of 3
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 27th day of April, 2009.
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading: April 13, 2009
Second Reading: Apri127, 2009
Effective Date: See Section 6
City of Winter Springs
Ordinance No. 2009-09
Page 3 of 3
ORDINANCE NO. 2009-09
A ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 2,
ARTICLE IV OF THE CITY CODE, REQUIRING THAT ALL
CANDIDATES IN MUNICIPAL ELECTIONS SUBMIT
CAMPAIGN REPORTS ELECTRONICALLY WITH THE
SEMINOLE COUNTY SUPERVISOR OF ELECTIONS, BY
CREATING A NEW SECTION 2-97 ENTITLED
"ELECTRONIC FILING OF CAMPAIGN REPORTS
REQUIRED;" PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under section 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the Florida Legislature amended section 106.07(2)(a)2., allowing political
subdivisions, by ordinance or resolution, to require that all candidates for municipal office file
campaign reports electronically; and
WHEREAS, the Seminole County Supervisor of Elections has requested that all candidates
for municipal office utilize the Online Treasurer Reporting System provided by the County
Supervisor of Elections; and
WHEREAS, the uniform electronic filing of campaign reports by all candidates for County
or Municipal office will facilitate public access to campaign finance information; and
WHEREAS, the City Commission desires to create a new section 2-97 of the City Code,
entitled "Electronic Filing of Campaign Finance Reports Required"; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
City of Winter Springs
Ordinance No. 2009-09
Page 1 of 3
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code Chapter 2, Article IV,
Elections, is hereby amended to create a new section 2-97 as follows (underlined type indicates
additions to the City Code):
Sec 2-97 Electronic filing of campaign finance reports required.
All candidates for elected office in the City of Winter Springs shall
electronically file their campaign treasurer's reports with the office of the Seminole
County Supervisor of Elections by utilizing the Supervisor's online campaign
treasurer reporting system The electronic filing deadline for a completed campaign
reportshall be the same as the deadline established by law for filing an original paper
copy of the report with the City's filing officer. The electronic filing required by this
section shall be deemed supplemental and in addition to filing an original paper copy
of the campaign treasurer's report with the Ci 's filing officer.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter. This Ordinance shall not apply retroactively. As such, electronic filing of campaign
treasurer's reports required by this Ordinance shall not commence until the next campaign
treasurer's report is due after April 27, 2009.
City of Winter Springs
Ordinance No. 2009-09
Page 2 of 3
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 27th day of April, 2009.
N F. BUSH, Mayor
ATTEST:
A LORENZO-LUACES
City Jerk
APPR D AS TO LEGAL FORM AND SUFFICIENCY
FO CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading: April 13, 2009
Second Reading: April 27, 2009
Effective Date: See Section 6
City of Winter Springs
Ordinance No. 2009-09
Page 3 of 3