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Home My WebLink About2018 07 09 Regular 500 Resolution 2018-11, Declaring City Commission Seat Four VacancyCOMMISSION AGENDA ITEM 500 REQUEST: Informational Consent Public Hearings Regular X July 09, 2018 SB SB Regular Meeting City Manager Department The City Commission is requested to approve Resolution No. 2018-11 officially acknowledging and deeming City Commission District 4 Seat vacant; Take whatever action the City Commission deems legally necessary to fill the District 4 Seat vacancy on the City Commission pursuant to Section 4.08(c) of the City Charter. SYNOPSIS: Commissioner Cade Resnick tendered his resignation on the City Commission, effective June 12, 2018. The resignation became effective after the last City Commission meeting which was held on June 11, 2018, and creates a vacancy on the City Commission. The City Charter requires the remaining members of the City Commission to attempt to appoint a qualified person to fill the vacancy once the vacancy occurs. Resolution No. 2018-11 officially acknowledges and deems the vacancy on the City Commission. The City Commission must attempt to make an appointment at either of the next two regular City Commission meetings. Any qualified person appointed will only serve until the next general election on November 6, 2018; at which time, the electors of the City of Winter Springs will elect a qualified person to serve a new four year District 4 term because the next regular election for District 4 is on November 6, 2018. CONSIDERATIONS: 1. Commissioner Cade Resnick tendered his resignation on the City Commission effective June 12, 2018. The resignation became effective after the last City Commission meeting which was held on June 11, 2018. 2. The resignation creates a vacancy in the District 4 City Commission seat. Regular 500 PAGE 1 OF 4 - July 09, 2018 3. Resolution No. 2018-11 provides that the City Commission officially acknowledges the resignation and the creation of the vacancy. The Resolution will allow the City Commission to commence an orderly process to attempt to fill the vacancy by appointment of a qualified person until the general election to be held on November 6, 2018 pursuant to the requirements of the City Charter. 4. Section 4.08(c) of the Winter Springs Charter provides that: Filling of vacancies. A vacancy in the mayor's position or a commission member's seat shall be filled by a qualified person until the next regular election by a majority vote of all remaining members of the city commission. It shall be the duty of the remaining members to fill the vacancy at either of the next two regular meetings of the commission following the creation of the vacancy. At the next regular election, a qualified person shall be elected for a term equaling that period of time necessary to complete the unexpired terms of the previously vacated position or seat; unless the previous term was to expire, in which case such person shall be elected for a four (4) year term. 5. Therefore, in accordance with the City Charter, the City Commission has a duty to attempt to appoint, by majority vote, a qualified person to serve as the new District 4 City Commissioner until the next regular election, which is scheduled to be held on November 6, 2018. 6. The current term for the District 4 seat is scheduled to expire immediately after the November 6, 2018 general election. Therefore, if an appointment is made by the City Commission, it will be a very short term appointment because Winter Springs' voters will elect a new District 4 City Commissioner to serve a new four (4) year term which will commence immediately after the November 6, 2018 general election. Qualifying for the District 4 seat will commence on Monday, August 27, 2018 at Noon and end on Friday, August 31, 2018 at Noon. 7. The City Charter sets forth the eligibility requirements to serve on the City Commission: (A) Only qualified voters of the city shall be eligible to hold office of mayor or commissioner. §4.01(b), Winter Springs City Charter. Section 8.02 of the City Charter provides that "[a]ll citizens qualified by the constitution and laws of the State of Florida to vote in the city and who satisfy the requirements for registration prescribed by law shall be qualified voters of the city within the meaning of this Charter." (B) Each candidate seeking the office of city commissioner or mayor or any other elective office of the city shall have resided in the city one (1) year prior to the time of qualifying. §4.01(b), Winter Springs City Charter. (C) Each candidate seeking the office of city commissioner shall be a resident of a designated commission district established by ordinance and shall have resided in the designated commission district six (6) months prior Regular 500 PAGE 2 OF 4 - July 09, 2018 to the time of qualifying. §4.01(b), Winter Springs City Charter. 8. Therefore, given the vacancy is related to District 4, any person appointed to fill the vacancy must meet all of the qualifications for District 4 in order to serve on the City Commission. 9. At this time, the City Commission is working under a tight time frame per the City Charter. Generally, the City Commission has the following two options for appointing a duly qualified person to fill the vacancy and serve as a District 3 City Commissioner: A. The City Commission can take a less structured approach and leave it up to each City Commissioner to nominate one or more duly qualified persons for consideration by the City Commission. However, all nominations must occur at either of the next two regular City Commission meetings, or B. The City Commission can take a more structured approach and require that a public notice be published in various places (City Facebook; City Website; City Bulletin Boards; City email blast, etc.) advising interested candidates to file an application for serving in the District 4 seat by P.M., July , 2018 (APPLICATION DEADLINE). Candidate application packages that were timely submitted to the Office of the City Clerk will be reviewed to determine whether the person is qualified to serve in Seat 4. Qualified candidate applications will be distributed to the City Commission for consideration prior to the regular meeting on the August 13th or September 10th. [THE CITY COMMISSION CAN SELECT AN APPLICATION DEADLINE IF THEY WANT TO PURSUE A MORE STRUCTURED APPROACH.] 10. Regardless of the option chosen, candidates must be qualified. The City Commission may also interview candidates including, if necessary, holding one or more special meetings to consider and interview candidates willing to serve on the City Commission as a Seat 4 Commissioner. However, any special meeting must again occur prior to the regularly held City Commission meeting on September 10th, which is the last regular meeting at which the City Commission can make an appointment by City Charter. 11. Any appointment of a qualified person made by the City Commission to fill the vacancy will be effective immediately upon acceptance by the person and upon the candidate taking the oath of office. APPLICABLE LAW, PUBLIC POLICY, AND EVENTS: Home Rule Powers Section 4.08(c) of the Winter Springs City Charter FISCAL IMPACT: There is no direct fiscal impact related to the City Commission's consideration of this Agenda Item. Regular 500 PAGE 3 OF 4 - July 09, 2018 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 six (6) 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. RECOMMENDATION: Staff recommends the City Commission approve Resolution No. 2018-11 officially acknowledging and deeming a vacancy in the City Commission District 4 seat; Take whatever action the City Commission deems legally necessary to fill the District 4 Seat vacancy on the City Commission pursuant to Section 4.08(c) of the City Charter. ATTACHMENTS: Resolution No. 2018-11 (2 pages) Regular 500 PAGE 4 OF 4 - July 09, 2018 RESOLUTION NUMBER 2018-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, OFFICIALLY ACKNOWLEDGING AND DEEMING CITY COMMISSION DISTRICT 4 SEAT VACANT PURSUANT TO SECTION 4.08 OF THE CITY CHARTER; PROVIDING DIRECTION REGARDING THE APPOINTMENT PROCESS TO FILL THE VACANCY UNTIL THE NEXT GENERAL ELECTION SCHEDULED FOR NOVEMBER 6, 2018; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: WHEREAS, pursuant to Section 4.09 of the City Charter, the City Commission is the sole judge of the election and qualifications of its members; and WHEREAS, in accordance with Section 4.08 of the City Charter, a vacancy on the City Commission occurs when a City commissioner resigns while serving on the City Commission; and WHEREAS, the City Commission desires to recognize that Commissioner Cade Resnick has tendered his resignation on the City Commission, and that said resignation became effective on June 12, 2018, and that said effective date occurred after the last duly held City Commission meeting on June 11, 2018; and WHEREAS, in recognition of the resignation tendered by former Commissioner Resnick, the City Commission desires to officially acknowledge and deem that the District 4 seat on the City Commission is deemed vacant pursuant to Section 4.08 of the City Charter; and WHEREAS, due to the creation of the vacancy, the City Commission intends to conduct an orderly appointment process by exercising its duty to attempt to appoint a duly qualified citizen to fill the vacancy during the next two duly held regular City Commission meetings; and WHEREAS, any person appointed by the City Commission will serve until the next general election which will occur on November 6, 2018, at which time a qualified person will be elected to serve a new four year District 4 term; and WHEREAS, this Resolution is hereby deemed by the City Commission to be in the best interest of the City of Winter Springs. SECTION 1. Recital. The foregoing recitals are hereby incorporated herein by this reference and are a material part of this Resolution. SECTION 2. Vacancy on the City Commission. (A) Pursuant to Section 4.08 of the City Charter, the City Commission hereby officially recognizes and acknowledges the resignation tendered by Commissioner Cade Resnick, effective June 12, 2018. Further, the City Commission hereby officially acknowledges and deems the City Commission District 4 Seat vacant due to said resignation. (B) Pursuant to Section 4.08 of the City Charter, the City Commission shall exercise its duty to attempt to appoint, by majority vote of the remaining commissioners, a duly qualified citizen to fill the vacancy hereby officially acknowledged and declared by the City Commission. The appointment shall be made at either of the next two (2) duly scheduled and held regular City Commission meetings. SECTION 3. Appointment Procedure. The appoint procedure for attempting to fill the aforementioned vacancy shall be as further directed by the City Commission. Any qualified person appointed by the City Commission to fill the vacancy shall serve until the next general election scheduled for November 6, 2018 as provided by the City Charter. SECTION 4. Effective Date. This Resolution shall take effect immediately upon its adoption. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular Meeting duly assembled on the 9th day of July, 2018. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs, Florida only: ANTHONY A. GARGANESE, City Attorney City of Winter Spring, Florida Resolution Number 2018-11 Page 2 of 2