HomeMy WebLinkAbout2018 02 26 Regular 501 Resolution 2018-06, Filling Seat 3 Vacancy
COMMISSION AGENDA
Informational
Consent
ITEM501
Public Hearings
Regular
X
February 26, 2018KS
Regular MeetingCity ManagerDepartment
REQUEST:
Office of the City Attorney requests the Commission approve Resolution No. 2018-06
declaring a vacancy in City Commission District 3 Seat, and take whatever action the City
Commission deems legally necessary to fill the District 3 Seat vacancy on the City
Commission pursuant to Section 4.08(c) of the City Charter.
SYNOPSIS:
Sadly, Commissioner Pam Carroll died suddenly and unexpectedly, and her death 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. 2018-06 officially declares a 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 the remaining two year balance
of the District 3 term which expires immediately after the general election on November 3,
2020.
CONSIDERATIONS:
1. Commissioner Pam Carroll unfortunately died suddenly and unexpectedly.
2. The death creates a vacancy in the District 3 City Commission seat.
3. Due to the sudden and unexpected death of Commissioner Carroll, the City
Commission should adopt Resolution No. 2018-06 taking official notice of Commissioner
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Carroll’s death and declaring a vacancy has occurred in the District 3 Seat. This approach
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 3 City
Commissioner until the next regular election, which is scheduled to be held on November
6, 2018.
6. The current term for the District 3 seat is scheduled to expire immediately after the
November 3, 2020 general election. Thus, regardless of whether an appointment is made
or not, at the November 6, 2018, Winter Springs’ voters will elect a new District 3 City
Commissioner to serve the remaining two (2) years of the current District 3 which will
expire immediately after the November 3, 2020 general election.
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
to the time of qualifying. §4.01(b), Winter Springs City Charter.
8. Therefore, given the vacancy is related to District 3, any person appointed to fill the
vacancy must meet all of the qualifications for District 3 in order to serve on the City
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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 3 seat by __________ P.M., March _____,
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 3. Qualified candidate applications
will be distributed to the City Commission for consideration prior to the regular
thth
meeting on the March 12 or 26. \[THE CITY COMMISSION CAN SELECT
AN APPLICATION DEADLINE IF THEY WANT TO PURSUE A MORE
STRUCTURED APPROACH.\]
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 3 Commissioner. However, any special meeting must again occur
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prior to the regularly held City Commission meeting on March 26, 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.
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
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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. 2018-06 declaring a
vacancy in Commission District 3, and take whatever action the City Commission deems
legally necessary to fill the District 3 Seat vacancy on the City Commission pursuant to
Section 4.08(c) of the City Charter.
ATTACHMENTS:
Resolution No. 2018-06
Regular 501 PAGE 4 OF 4- February 26, 2018
RESOLUTION NUMBER 2018-06
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, OFFICIALLY
RECOGNIZING AND DECLARING A VACANCY IN THE
DISTRICT 3 SEAT ON THE CITY COMMISSION
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 dies while serving on the City Commission upon
his or her death; and
WHEREAS, the City Commission desires to recognize that Commissioner Pam Carroll
has unfortunately passed away suddenly and unexpectedly on or about February 12, 2018 while
currently serving on the City Commission; and
WHEREAS, in recognition of the death of Commissioner Carroll, the City Commission
desires to officially declare the District 3 seat on the City Commission vacant pursuant to Section
4.08 of the City Charter; and
WHEREAS, due to the creation of the vacancy, the City Commission intends to exercise
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 the remaining balance of the current District 3 term which will expire
immediately after the November 3, 2020 general election; 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 declares City Commission District 3 Seat vacant due to the unexpected and
sudden death of Commissioner Pam Carroll. Said declaration and vacancy shall be deemed
effective on February 26, 2018 pursuant to this Resolution.
(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. 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
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Meeting duly assembled on the 26 day of February, 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 2018-06
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