HomeMy WebLinkAbout04-15-2004 Filling Vacancy on City CommissionBROWN, SALZMAN, WEISS & GARGANESE, P.A.
Attorneys at Law
Usher L. Brown'
Jeffrey P. Buak°
Suzanne D'Agresta°
Anthony A. Garganese°
Gary S. Salzman*
John H. Ward •
Jeffrey S. Weiss
•Board Certified Civil Trial Lawyer
°Board Certified Business Litigation Lawyer
"Board Certified City, County & Local Government Law
Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher
Cocoa & Viera Joseph E. Blitch
John U. Biedenham, Jr.
Lisa M. Fletcher
Douglas Lambert
Katherine Latorre
Michelle A. Reddin
Kimberly F. Whitfield
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.oriandolaw.net • Email: firm@odandolaw.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.
VeryjrxrWours,
Anthony Garganese
City Attorney
AAG/Ig
cc: Ron McLemore, City Manager
Andrea Lorenzo-Luaces, City Clerk
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 note —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 election held Nov. 6, 1990.