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HomeMy WebLinkAbout2004 04 26 Regular 507 042604_ COMM _Regular _507 _Interim_Commissioner COMMISSION AGENDA ITEM 507 Consent Information Public Hearin Re ular x April 26. 2004 Meeting MGR.~ / Dept. REQUEST: Commissioner McLeod requesting the City Commission to consider nominations and final approval of an interim Commissioner to fill the position that will be vacated by Commissioner Edward Martinez, Jr. on May 28,2004. PURPOSE: This agenda item is needed for the Commission to appoint a replacement to serve the unexpired term of Commission District Seat "3" currently held by Commissioner Edward Martinez, Jr. who has announced his resignation effective May 28, 2004. CONSIDERATIONS: At the April 12, 2004 Commission Meeting, Commissioner Edward Martinez Jr. announced his resignation effective May 28, 2004. The City Charter, Section 4.08(c) provides that the Commission shall appoint a replacement to fill the unexpired term of Commissioner Martinez by majority vote. City Code, Section 2-87 also provides that the person appointed shall reside in the City for a period of not less than one year, live in Commissioner Martinez' District for at least six months, shall file a petition signed by fifteen (15) registered voters of the City with the City Clerk, must be a registered, qualified elector, shall file an application with the Clerk designating his or her desire to fill Commissioner Martinez' seat, and pay a qualifying fee of$150.00. The Commission may make the appointment after person has completed the requirements, or may make the appointment subject to the candidate completing the requirements. RECOMMENDATIONS: It is recommended that the Commission nominate to fill the unexpired District 3 Seat of Commissioner Edward Martinez Jr. effective immediately upon Commissioner Martinez vacating the Office of Commissioner subject to complying with aU requirements provided in Section 1.01(a) of the City Charter and Section 2-87 of the City Code. ATTACHMENT: April 15, 2004 City Attorney Letter to Mayor and Commission COMMISSION ACTION: 2 t, BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attornrys at Law Usher L. Brown < Jeffrey P. Buako Suzanne D'AgrestaO Anthony A. .GarganeseO Gary S. Salzmano John H. Ward < Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa & Viera Debra S. Babb-Nutcher Joseph E. Blitch John U. Biedenharn, Jr. Lisa M. Fletcher Douglas Lambert Katherine Latorre Michelle A. Reddin Kimberly F. Whitfield <Board Certified Civil Trial Lawyer oBoard Certified Business Litigation Lawyer oBoard Certified City, County & Local Govemment Law Erin J. O'Leary Of Counsel April 15, 2004 The Honorable Mayor John F. Bush and Members of the City Commission 1126 East State Road 434 Winter Springs, Florida 32708-6912 Re: Filling Vacancy on City Commission City of Winter Springs/General File - 1193 Dear Mayor Bush and Members of the City Commission: . As you know, Commissioner Martinez's announcement during the April 12, 2004 City Commission Meeting that he is resigning as Commissioner of District/Seat 3 will create a vacancy on the City Commission. The City's Charter provides in Section 4.08(c) that a vacancy in a commission member's seat shall be filled until the next regular election for that particular seat by a majority vote of all its remaining members. In the event the remaining commissioners do not reach a majority decision with regard to a potential candidate to fill the vacancy, and are deadlocked in a 2-2 vote, the Mayor shall provide the tie-breaking vote, pursuant to Section 4.05 of the City Charter. Please also note that the remaining commissioners must appoint a candidate from District 3, as Section 4.01 (a) of the City Charter provides that not more than one commission member shall reside in each of the five commission districts. In addition to residing in District 3, the candidate for appointment must meet the eligibility requirements set forth in section 2-87 of the City's Code of Ordinances. A copy of section 2-87 is 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 Website: www.orlandolaw.net . Email: firm@orlandolaw.net The Honorable Mayor John F. Bush and Members of the City Commission April 15, 2004 Page 2 attached to this letter. Please. contact my office should you have any questions regarding this process. AAG/lg cc: Ron McLemore, City Manager Andrea Lorenzo-Luaces, City Clerk Anthony . Garganese City Attorney ,. Sec. 2-87. Qualification of candidates. Each candidate seeking the office of city com- missioner 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 commis- sioner 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 above requirement, city commissioners shall run at large as commission candidates under district designation. All candidates for office in municipal elections shall be registered and qual- ified 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 qualify- ing fee provided for in section 2-88. Such applica- tion shall be filed and the qualifying fee paid between the first day of September and the fif- teenth day of September, during which the office shall be open for qualifying for election. (Code 1974, ~ 2-34; Ord. No. 494, ~ 2, 8-13-90) Editor's Dote-Provisions of Ord. No. 494, ~ 2, adopted Aug. 13, 1990, amended ~ 2-87 to read as herein set out and were approved by the voters at an eJection held Nov. 6, 1990.