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2014 05 12 Public Hearing 500 Ordinance 2014-11 Second Reading Election Code Change - Complete Electronic Reporting COMMISSION AGENDA Informational Consent ITEM 500 Public Hearings X Regular May 12, 2014 KS ALLL Regular Meeting City Manager Department REQUEST: At the request of the City Clerk, the City Attorney has prepared, and requests that the City Commission consider adopting Ordinance 2014-11 on second and final reading, which if passed, would eliminate the duplicative requirement that an original paper copy of an election campaign treasurer's report be filed with the City in addition to existing electronic filing requirements. SYNOPSIS: Currently, candidates running for a City office electronically file campaign treasurer's reports with the office of the Seminole County Supervisor of Elections, and are obligated by City Code to additionally file an original paper copy of the report with the City Clerk. If adopted, Ordinance 2014-11 would eliminate the duplicative requirement than a paper copy of the campaign treasurer's report is filed with the City Clerk's office. CONSIDERATIONS: 1. In 2009, the City Commission adopted Ordinance 2009-09, which requires campaign treasurer reports to be filed electronically with the Seminole County Supervisor of Elections and additionally requires filing of an original paper copy with the City Clerk's office. 2. Ordinance 2014-11 would streamline and simplify the process for filing of campaign treasurer's reports by eliminating the redundant requirement that paper copies of reports be filed with the City Clerk's office in addition to the electronic filing requirements. Public Hearings 500 PAGE 1 OF 2-May 12,2014 3. Pursuant to Ordinance 2014-11, candidates for elected City offices would still be required to electronically file such reports with the Seminole County Supervisor of Elections. 4. Once an electronic copy of the campaign treasurer's report is filed electronically with the County Supervisor of Elections, the City Clerk's office will retrieve a copy of such report for the City's file. 5. The first Reading of proposed Ordinance 2014-11 was approved by the City Commission at their April 28, 2014 City Commission meeting. FISCAL IMPACT: There may be nominal fiscal impact associated with this item in connection with the elimination of administrative costs of filing paper documents within the City Clerk's office. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Ordinance 2014-11 was heard on first reading at the April 28, 2014 regular meeting of the City Commission. The second reading is scheduled to be heard at the May 12, 2014 regular meeting of the City Commission. Both meetings for the first and second readings of Ordinance 2014-11 were advertised in the Orlando Sentinel newspaper and published on Sunday, April 20, 2014. RECOMMENDATION: At the request of the City Clerk, the City Attorney requests that the City Commission consider and approve Ordinance 2014-11 on second and final reading. ATTACHMENTS: A - Ordinance 2014-11 B - Copy of Legal Ad for Ordinance 2014-11 Public Hearings 500 PAGE 2 OF 2-May 12,2014 to t"AT' ORDINANCE loo. 2014-11 AN ORDINANCE of THE CITY COMMISSION of THE CITY of WINTER. SPRINGS, SEMINOLE COUNTY, FLORIDA; REGARDING ELECTIONS, AMENDING CHAPTER R 2, ARTICLE Iv, of THE CI'T'Y CODE To SIMPLIFY THE PROCESS FOR FILING CAMPAIGN FINANCE REPORTS; PROVIDING FOR THE REVEAL of PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY,AND AN EFFECTIVE DATE, WHEREAS,, the City is granted the authority, under § 2(b), Art. V111 of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 106.07(2)(a)(2), Florida Statutes, allows 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 electronic reporting system provided by the Count Supervisor of Elections'; and WHEREAS, the uniform electronic filing of campaign reports by all candidates for County or Municipal office facilitates public access to campaign finance information; and WHEREAS, the City Commission desires to amend section 2-97 of the City Code, to further streamline. and simplify the electronic filing process by eliminating the duplicative requirement that an original paper copy of the campaign treasurer's report be filed with the City in addition to the electronic filing requirements; and WHEREAS,the City Commission of the City of Winter Springs,Tlor'da,hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW9 THEREFORE, TIDE CITY COMMISSION of THE CITY of WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section I. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2m Code Amendment. The City of Winter Springs Code of Ordinances, City of Winter Springs Ordinance No.2014-11 Pagel o Chapter- 2. chicle fv, is hereby amended as follows underlined tyke indicates addition and type indicates deletions): See. -97. Electronic filfi g of campaign f anee reports required. All candidates for elected office in the City of Winter Springs shall elec t ronr cal ly,fi l their campaign treasurer's reports req aired by State law utili in the WSWOW Seminole County Supervisor of Elections Office's electronic filing.system. ' ' f i . The electronic filing deadline for a completed cam ai report shall be the same as the deadline established by law for filing an or�i 'nal paper co of g y the report with the city's filing officer. • Section 3. Repeal of Prior Inconsistent ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted the City Commission or � ' � darts of r1r 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 beading may be changed or modified as accessary to effectuate the foregoing. Grammatical, typographical!,cal, air lire errors may be corrected and additions, alterations, and omissions not affecting e construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Sevcrabi t . If any section, subsection, sentence, cruse 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 hall g not affect the validity of the remaining portions of this ordinance, Section 6. Effective Date. This Ordinance shall become effective immediately y upon adoption by the City Commission of the City of Winter S in s, .rid pursuant t City Charter. I Florida, the City of int r Springs Ordinance No.2 014-11 Page 2 of Al PT b the City Commission f the City f Winter S Florida in a regular meet x assembled on the day of , 2014, CHARLES AC , Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY, ANTHONY A. 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