HomeMy WebLinkAbout2002 08 26 Public Hearings C Candidate Qualification Period
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COMMISSION AGENDA
ITEM C
Consent
Informational
Public Hearing X
Regul ar
ADD-ON
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August<< 2002
Meeting
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Mgr. / Att. I Dcpt.
REQUEST:
Consider an ordinance to amend section 2-87 of the City Code relating to the candidate qualification
period.
PURPOSE:
The City Code provides the candidates for office shall qualify by filing an application and pay the
qualifying fee, as provided in Section 2-87, between the first day of September and the fifteenth day
of September, during which the office shall be open for qualifying for election. Currently, Section
2-87 does not make any provision for when qualifying ends on a weekend or holiday In Year 2002, '
qualifying ends on a weekend day. The Code should expressly provide direction when this situation
occurs to avoid confusion.
To clarify Section 2-87, this Ordinance would expressly establish the days and times the City Clerk's
office shall be open for qualifying. The Ordinance also provides for the extension of the qualifying
period to the next business day where the period ends on a weekend or holiday, such as will occur
this year (September 15,2002 is a Sunday)
Page 1 of 2
APPLlCADLE LAW AND PUBLIC POLICY:
Section 2(b), Article VIII, of the State Constitution.
Section 8.03 of the City Charter
Section 2-87 of the CiLy Code
Section 1003605, Florida Statutes
CONSIDERA TlONS:
By amending the code, as provided in the attached Ordinance, the Commission clarifies for all
candidates when qualifying may occur.
STAFF RECOMMENDATION:
The City Clerk and City Attorney recommend the City Commission approve this Ordinance on Fir::it
Reading and schedule this ordinance for second rcading and public hearing at the City Commission's
August 26, 2002 I\leeting
ATTACHMENT:
Ordinance No. 2002-25
COMMTssrON ACTION:
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ORDINANCE NO. 2002-25
AN ORDINANCE OF TIlE cm' COMMISSION OF THE
CITY OF WTNTER SPRINGS, FLORIDA, RELATING TO
ELECTIONS; THE QUALlFICATION PERIOD FORMA YOR
AND CITY COMMISSION; PROVlDING FOR THE
EXTENSION OF THE QUALIFICATION PERlOD FOR
CANDIDATES WHERE THE QUALIFICATION PERIOD
ENDS ON ;\ WEEKEND OR HOLlDA Y; PROVIDING FOR
TIlE REPEAL OF PRlOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; PROVIDING FOR INCORPORATION
INTO THE CODE; PROVIDINC FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIV'E DA TK
WHEREAS, the City Commission is granted the authority, under 9 2(b). Art. VlII of the
State Constitution, to exercise any po\,ver for municipal purposes, except when. expressly prohibited
hy taw; and
WHEREAS, the City Commission desires to clarify when the qualification of candidates shall
take place, and provide for an extension of time to qualify if the qualifying period ends on a Saturday,
Sunday, or holiday; 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 oflhe citizens of Winter
Springs. .
NOW, THEREFORE, THE CITY COMMISSION OF THE em' OF WINTER
SPRINGS HEREBY ORDAINS, AS Ii'OLLOWS:
Section 1. Recitals'. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. The City of Winter Springs Code, Section 2-87 is hereby amended as
follows: (underlined type indicates additions and sli;h.out type indicates deletions, while asterisks
(4 * lI:) indicate a deletion from the Ordinance of text existing in Chapter 2. It is intended that the text
in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
lanb'uage existing prior to adoption of this Ordinance).
Chapter 2 - Administration
City of winlc:r SprinK'~
Ordinance No. 2(l(12-25
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Article IV Elections
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Sec. 2-87
Qualifications of candidates.
Each candidate seeking the office of city commissioner or mayor or any other elective
office of the city shall file a petition signed by fifteen (15) registered voters of the city with the
city clerk. Each candidate seeking the office of city commissioner or mayor of any other elective
office of the city shall have resided in the city one (1) year prior to the time of qualifying Each
candidate seeking the office of city commissioner shall be a resident of a designated commission
district as established by ordinance and shall have resided in the designated commission district six
(6) months prior to the time of qualifying. Notwithstanding the abovl;: requirement, city
commissioners shall run at large as commission candidates under district designation. All
candidates for office in municipal elections 'shall be registered and qualified electors of the city at
the time of their qualifying as a candidate with the city clerk and shall file an application
designating the office for which he/she is a candidate and pay the qualifying fee provided for in
section 2-88. Such application shall be filed and the qualifying fee paid between the first day of
September and the fifteenth day of September, during which the offi<:c: shall be open Monday
through Friday, 9:.00 A.M. to 5 :00 P.M. for qualifying for election. Where the Qualifying period
ends on a Saturday, Sunday, or a holiday. the qualifying period shall be extended until 5:00 P.M.
the next' regular business day.
Section 3. Repenl of Prior Inconsistent Ordinances llnd 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.
Section 5. Severability. Tfany 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 aflhe City of WinLer Springs, Florida, and a::; pruvidt:tl by City
Charter.
City of Winter Spfll\g~
Ordll'\.lnce No. 2002-25
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ADOPTED by the City Commission ufthe City of Winter Springs. Florida, in a regular
meeting assembled 011 the _._ day of ,2002.
PAUL P. PARTYKA
Mayor
ATT~ST:
ANDREA LQRENZO-LUACES
City Clerk
Approved as to legal fonn and sufficiency for
the City of Winter Springs only:
--.'--
Anthony A. Gargane.\;e, City Attorney
First Reading:
Second Reading:
Effective Date;
F:I.Doc!.\CiI)' of Winler spt'il18l''.( )rdin"llc.:.~'.Qu"Ii1i':atiun Period. "'rd
City ofWinkr Spring:!
Ordin"lIlce No. 2<J02-25
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MEMORANDUM
TO: Deputy Mayor Cindy Germell
FROM: Andrea Lorenzo-Luaces, CMC~;.&Y Clerk
SUBJECT: Election Qualifying Periods
DATE: August 26, 2002
The following pertains to your inquiries regarding Election Qualifying Periods.
First of all, I checked with the Supervisor of Elections for Seminole County to see if she
ever had a problem \vith their Qualifying period ending on a weekend or Holiday. Last
week, I spoke with Ms. Sandra Goard, Supervisor of Elections for Seminole County who
advised me that this has never been a problem for the County as they follow the Florida
Statutes.
One additional point to consider regarding our Qualifying period is that during a
conversation with Ms. Goard approximately two weeks ago, Ms. Goard mentioned that
she would work with us regarding Qualifying periods for this year, but that she will need
all names of Qualified Individuals for the ballots by the 11 th of September next year, in
order for her to meet her deadline for having absentee ballots printed in time to send to
overseas voters. Therefore, if this is the case, then our Qualifying period would need to
be changed. The dates for our Qualifying Period are noted in Section 2.87. of our Code
of Ordinances.
Next, we checked with the other Seminole County cities to see how long their Qualifying
Period was, and if a weekend or holiday ending date had been a problem for any of them.
The information is as follows with actual wording from two of the six Seminole County
cities:
City of Altamontc Springs:
Qualifying Period: 15 Days - September 6-20 per their Charier. The City of Altamonte
Springs' date for Qualifying has ended on a Saturday and in such case(s), they advertise
that Qualifying will end at 5:00 P.M. on a Friday. They suggested following the State's
policy for when Campaign Reports are due, which includes extending to the end of a
Monday.
,'Vlernorandulll To Deputy Mayor Cindy Genncll
August 26. 2002
Page 2 of3
The following is the wording from their Charter: Candidates for office of commissioner
and mayor/commissioner shall be nominated and qualify for SLlch office by filing with the
city clerk a written notice of candidacy and payment of a filing feet at any time after
12:00 noon of the first filing date, which shall be the sixtieth (60) day prior to such
election for which such candidate desires to qualify, but not later than 12:00 noon forty-
five (45) days prior to such election for which such candidate desires to qualify. In the
event the last qualifying day shall fall on a Saturday, Sunday or legal holiday, then the last
day of qualifying shall be through 5:00 p.m. of the next regular business day of the city
following such Saturday, Sunday or legal holiday.
City of Casselberry:
Quali fying Period: 5 Days - September 9-13 per their Charter.
The following is the wording from their Charter. Any elector may become a candidate
for Mayor/Commissioner or Commissioner by filing with the City Clerk an application to
have his/her name printed on the ballot as a candidate for a seat specifically named [Tom
8:00 a.m. to 5:00 p.m., Monday through Friday, for the five-day period during the second
full week in September.
City of Lake Mary:
Qualifying Period: 11 Days - September 3-13 per their Code of Ordinances. The City of
Lake Mary Qualifying never falls on a weekend.
City of Longwood:
Qualifying Period: 8 Days - September 6-13 per their Code of Ordinances. The City of
Longwood's Qualifying never ends on a weekend. They suggested [ollowing the same as
stated in the State's Policy for when Financial Reports are due.
City of Oviedo:
Qualifying Period: 15 Days - July 12-26 per their Charter. The City of Oviedo - follows
the County's dates and does not fall on a weekend.
City of Sanford:
Qualifying Period: 10 Days - starts 56 days prior to the election date, terminating 46 days
prior to the election date per their Charter. No additional information is available.
Also as requested, City Commission Minutes were reviewed and the attached
Memorandum notes two similar situations involving possible conllicts with Qualifying
dates.
rVlcrnorandurn To Deputy Mayor Cindy Gennell
August 26, 2002
Page 3 of3
I have also attached a copy of the recent Legal Opinion Letter from Attorney Jeff Buak
with Browm, Ward, Salzman & Weiss, P.A., dealing with the City of Winter Springs'
Qualifying period.
As always, iff can be of any further assistance, please feel free to contact me.
Attachments
COPY: Mayor and City Commission
Ronald W. McLemore, City Manager
Anthony A. Garganese, City Attorney
DOCS/ e i t ye lerk! co r-res pon d enee/ co nun i 55 i 0 n/2 00 2 /() 2 8 O. d oe
MEMORANDUM
TO:
Andrea Lorenzo-Luaces, CMC, City Clerk
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Debbie Gillespie, Deputy City Clerk ..-~
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FROM:
SUBJECT:
Past Qualifying Periods
DATE:
August 26, 2002
I researched the last forty years for reference to the qualifying period ending on a
Saturday or Friday. Attached are copies of minutes when the qualifying period was
addressed.
S:\dept - City Clerk\CoITespondence\CITYCLER\Deputy City Clerk\2002\Qualifying memo to Andrea.doc
Rcgular ,Vlccling City Comlllissioll
AU1..:ust 26, 1996
95-96-24
Pagc 11
Motion was madc by COIllIllissiollC" McLcod to :1f1Iu'oVC (hc fi,'s( ,'cadillg orOnl. 623 and to
authol-izc thc advc,-tiscmcllt rO'" sccolld '"cadillg :lIId to authorizc thc City Attonlcy to ,'cad
On1. 623 by titlc only. Sccolldcd by Commissi()flc,' COllllifT. Discussion. Commissioner Ferring
said when this comes back to the Commission asked if the Commission will have all the information
that will be involved with this other than this one agreement, the ground lease agreement and reports
from the City Staff on the viability of this and how we can utilize this as far as police and fire
communications. Vote: Commissioner Ferring: aye; Commissioner Gennell: nay; Commissioner
McLeod: aye; Commissioner Conniff: aye. Motion passes. Attorney Kruppenbacher read Ord. 623
by title only.
Commissioner Ferring asked for all information regarding Item D, well in advance of the Sept. 9,
] 996 meeting, so that the Commission knows what is going on.
Attorney Kruppenbacher stated that he understands that the City Manager has talked with the City's
communications consultants that these towers could be used and also that he understands that this
may alleviate the need to replace the tower that they will be taking down behind City Hall when the
Police Dept. moves to their new facility.
Harold Scott, 9 1 I Augusta National Blvd., spoke regarding agenda Item D.
City Clerk/Mayor's Office
E. Resolution 790 - Expressing appreciation to Sarah Watson for her service on the Beautification
of Winter SRrings Board:
Mayor Bush read Resolution 790.
Mo'ion WHS mHde by Commissioner I.'errillg to Hpprove Resolutioll 790, Seeollded \
Commissiollcr Gcnncll. Discussion. Vote: Commissioner LangeIlotti: aye; Commissioner Gennd._..
aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion
passes.
City Clerk/Mayor's Office
F. Resolution 791 - Expressing appreciation to Art Hoffmann for his service on the Board of
Trustees - City's Pension Plan:
Discussion. Mayor Bush pulled this item from the agenda until further information from the City
Attorney regarding duel office role.
M~Y9.r Bush read the Election Proclamation.
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/ G. CitY) Attorney - Frank KruRpenbacher:
......._~n<ey Kruppenbacher stated that the City Clerk has asked about the close of the qualifying for the
llIunicipal elections ending 011 the weekend. Attorney Kruppenbacher said to have the City Clerk
contact Mary Norton, Retired Winter Springs City Clerk, as to the ruling all thatlllalter.
CITY OF WINTER SPRINGS, FLORIDA
ELECTION 1996
INFORMATION SHEET
TYPE OF ELECTION:
DATE OF ELECTION:
QUALIFYING OfFICER:
QUALIfYING PEIUOD:
Non-Partisan-General Municipal Election
November 5, 1996
Supervisor of Elections-Winter Springs City Clerk
September I through September 15, 1996-
8:00 a.m. to 5:00 p.m., Monday through Friday
Tlu.ee years beginning December 2, 1996
For the purpose of e[ecting:
Mayor
Commissioncr-SeatlDistrict 2
Conunissioner-SeaUDistrict 4
Mayor - $500.00 per month
Deputy Mayor - $400.00 per month
Commissioners - $350.00 per month
Before contributions are accepted or funds expended
file with the Supervisor of Elections the
Appointment of Campaign Treasurer and
Designation of Camyaign Depository for
Candidates, (DS-D E-9)
$150.00
TERNl OF OFfICE:
rAUNICIPAL ELECTION 1996:
EXPENSE REIMBURSEivlENT FEE:
CONTlUBUTIONS AND EXPENDITURES:
QUALIFYING FEE:
QUALIfICATIONS:
CAMPAIGN TREASURER'S REPORTS ARE DUE:
Each candidate shall file a petition signed by 15
registered voters; each candidate shall have resided
in the ciry one year prior to the time of qualifYing
and shall have resided in the designated commiSSIOn
district 6 months prior to the time of qualifying. All
candidates shall be registered andguaIified electors
of the city and at the tIme of 9-uali ing shall file an
application designating the office or which heJshe is
a candidate and pay the qualitying fee.
ELECTORATE: Registered voters of the City of Winter Springs
A T THE TIME OF QUALIFYING, THE FOLLOWING PAPERS MUST BE SUBMITTED TO THIS OFFICE:
I. Loyal1)' Oath/Oath of Candidate
2. Appointment of CampaigT! Treasurer and
Designation of Campaign Depository
(DS-DE-9), if not afreaay filed. .
3. A check made payable to the City of Winter
Springs drawn on your Campaign Account in the
amount of$150.00 (Qualitying Fee)
4. Financial Disclosure Forms .
5. Petition signed by 15 registered voters of the CIty
of Winter Springs, Floriaa.
6. A check for the 1.5% Assessment Fee from your
Campaign Account in the amount of:
Mayor --$90.00
Commissioners--$63.00 .
7. Statement of Candidate
8. Notice of Automatic Ballot Tabulating
Equipment Testing
Quarterly Reports due April 10, July 10;
After Qualifymg reports are due October 18,
November I, 1996, and February 3, 1997.
If you have any questions, please do not hesitate to contact Margo Hopkins, City Clerk _ 327-1800;
any questions regarding Financial Disclosure forms should be directed 10 the Commission on Ethics,
904-488-7864. .. .
Regular Meeting, City COMnission, August 26, 1991
Page 2
90-91-23
Arbor Violation:
Gil Artman, Public Works Director, spoke about the violation. They were all dead
trees but the owner had neglected to get a permit_ The fees are waived on dead
trees. Attorney Kruppenbacher will send a letter to the owner along with the
Public Works Director's memo putting them on notice that any subsequent violations
will be met with a recommendation for a penalty.
Motion was made by Commissioner Langellotti to direct the Attorney to send a letter
to the Tuscawilla Country Club. Seconded by Commissioner Kaehler. Discussion. Vote
on the motion: Commissioner Partyka, aye; CO~lissioner Kaehler, aye; Commissioner
Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion
carried.
Monthly reports have been distributed.
Attorney Kruppenbacher reported the City was' served with a lawsuit last week, and
he will file an appropriate defense; in regard to Guarin case in Greenspointe, Mr.
Guarin has until Sept.3rd to file his answer in Circuit Court or be in default.
Attorney Kruppenbacher said he continues to get calls from people on Spring Street
and recomended a meeting be set up with the County to attempt to resolve the
issue.
Commission Seat I - Cindy Kaehler:
Commissioner Kaehler spoke about Remedy recycling; she asked if the item of
recreational vehicles could be placed on the next agenda for discussion and she
asked about the middle school problem with sewer connections.
Commission Seat II - Don Jonas:
Commissioner Jonas asked about the Mikes lawsuit. He complimented the Mayor and
the Recreation Department for honoring the Little League Ballplayers this evening.
Commission Seat III - John Langellotti:
Commissioner Langellotti spoke about code violations and asked if the Code Inspector
could give summons to these people.
Commission Seat IV - Terri Donnelly:
Commissioner Donnelly gave a report on the School Board Impact Fee Study Committee.
She said they have opted to bypass recommending an interim impact fee and get to
work on a permanent impact fee. She said the FLC convention was very exciting and
she has brought back literature on Tampa's model affordable housing program.
Con~ission Seat V - Paul P. Partyka:
No "l?epopt_
'M''--- '/Off'
, a y 0 r /s ' '1 C e :
Ma!9,r Klllbes cead the Election Pt'oclamation and a copy is attached to these minutes.
'''M-ayor Klllbes announced that Qualifying Time will start September 3, 1991 and end on
September 17, 1991,,5:00 p. m.
Neeting was adjourned 8:115 p. m.
Respectfully submitted,
^peda,/ ~
M^Vnn
m~j:At:;
Nary 1. Norton,
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BROWN, WARD, SALZMAN & WEISS, P.A.
Attorneys at Law
_ Usher L. Brown ·
Suzanne D'AgrestaD
Anthony A. GarganeseD
Gary S. Salzman'
John H. Ward ·
Jeffrey S. Weiss
Offices in Orlando, Kissimmee,
Cocoa & Viera
'Board Certified' Civil Trial Lawyer
'Board Certified Business Litigation Lawyer
DBoard Certified City, County & Local Government Law
"',',:_;-
Debra S. Babb
Jeffrey P. Buak
Alfred Truesdell
Joseph E. Blitch
Scott D. Danahy
Theodore F. Greene, III
Kristine R. Kutz
Todd K. Norman
Vincent E. Scarlatos
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Erin J. O'Leary
Of Counsel
August 8, 2002
Sent Via Facsimile & US Mail
407-327-4753
Andrea Lorenzo-Luaces
City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: Legal Opinion - Candidate Qualification Period
City of Winter Springs - General
Our File No.: 1193
Dear Andrea:
Please allow this correspondence to acknowledge your request for a legal opinion
regarding the candidate qualification period for the 2002 general election. You have
substantially asked, where the election period ends on a Sunday, does the qualification
period end on the preceding Friday?
We are of the opinion the qualification period ends on Sunday, September 15,
2002, as the City Code currently provi.des.
Section 100.3605(2), Florida Statutes, provides in pertinent part, "[T]he governing
body of a municipality may, by ordinance, change the dates for qualifying..." Section 2-87
of the City Code requires candidate applications be filed and the qualifying fee paid
225 East Robinson Street, Suite 660 . P.O. Box 2873. Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596' Kissimmee (321) 402-0144' Cocoa & Viera (866) 425-9566
Websile: www.orlandolaw.net . Email: firm@orlandolaw.net
Andrea Lorenzo Luaces
August 8, 2002
Page 2
between the first day of September and the fifteenth day of September, during which the
filing officer's office shall be open for qualifying for election. The Code does not address
the days and times which your office will be open for qualifying.
Based upon the foregoing, we are of the opinion your office should be open during
normal business hours on Sunday, September 15, 2002, to accept any last minute filings.
Alternatively, an ordinance could be prepared for the Commissions consideration which
would address this issue, now and in the future. For instance, the ordinance could amend
section 2-87 by specifying your office will be open to qualify candidates during normal
business hours, Monday through Friday. Where the qualification periods ends on a
weekend or holiday, the qualification period shall be extended until the close of the next
normal business day.
If you have any questions regarding this matter or if you need assistance with
preparing an ordinance, as discussed above, please do not hesitate to call our offices.
Very truly yours,
tt:::~
Assistant City Attorney
JPB
cc: Anthony A. Garganese, City Attorney
F:ILawyertjeffblCity of Winter SpringslCorrespondencelLuaces - Candidate Qualificatlon.wpd
225 East Robinson Street, Suite 660. P.O. Box 2873. Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 . Kissimmee (321) 402-D144 . Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.nel . Email: firm@orlandolaw.net