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Application/Qualifying Packet - Appointment to Office of the Mayor - 2021
CITY OF WINTER SPRINGS, FLORIDA * 1126 EAST STATE ROAD 434 V WINTER SPRINGS, FLORIDA 32708 ' 1959 Telephone (407) 327-1800 G00 WE"T�Jy� CHRISTIAN GOWAN, MPA OFFICE OF THE CITY CLERK Vacancy in the Office of the Mayor-2021 Qualifying Packet The attached packet includes the following: 1. Notice of Filling Vacancy 2. Application for Appointment 3. Article IV of the City Charter, including Section 4.OS detailing the duties of the Mayor (for review) 4. Article II of the City Code- Rules and Procedures & Code of Conduct (for review) S. Affidavit of Qualified Voter Status and City Residency 6. Petitions-1S valid petitions signed by registered Winter Springs voters are required. 7. Loyalty Oath 8. Oath of Candidate Interested and qualified persons are invited to file a completed qualifying package with the Office of the City Clerk no later than 12:00 Noon,Thursday, April 1,2021, at the following address: City of Winter Springs ATTN: City Clerk 1126 East SR 434 Winter Springs, Florida 32708 Incomplete qualifying packets will not be accepted and will not be deemed timely filed. Completed qualifying packets should be filed by hand-delivery to ensure timely filing with the Office of the City Clerk. If you have any questions or require additional information, please contact the Office of the City Clerk at CityClerkDepartment(awinterspringsfl.orq or (407) 327-6S60. Christian Gowan, MPA City Clerk ©k � P, CITY OF WINTER SPRINGS, FLORIDA * 1126 EAST STATE ROAD 434 V WINTER SPRINGS, FLORIDA 32708 ' 1959 Telephone (407) 327-1800 G00 WE"T�Jy� CHRISTIAN GOWAN, MPA OFFICE OF THE CITY CLERK NOTICE OF FILLING VACANCY OFFICE OF MAYOR Due to the resignation of the former Mayor, the City Commission of Winter Springs will consider appointing a qualified person to fill a vacancy in the position of Office of Mayor in accordance with the City Charter. The appointment will be made at either of the next two regular City Commission meetings in April for the unexpired term which ends at the next general election on November 8, 2022. Interested and qualified persons are invited to file a completed qualifying package with the Office of the City Clerk no later than 12:00 Noon, Thursday, April 1, 2021, at the following address: City of Winter Springs ATTN: City Clerk 1126 East SR 434 Winter Springs, Florida 32708 Qualified candidates must be a registered and qualified voter of the City of Winter Springs and shall have resided anywhere within the City of Winter Springs for at least one (1) year prior to the time of qualifying as a candidate for Office of Mayor. Pursuant to the requirements of the City Charter, the Mayor serves on the governing body of the City. Specifically, the Mayor shall preside at meetings of the City Commission, represent the city in intergovernmental relationships, present an annual State of the City Message, and perform other duties specified by the Commission. The Mayor shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have no administrative duties. The Mayor shall not vote except in case of a tie vote of the Commission. The Mayor also has the power to veto ordinances adopted by the Commission subject to being overridden by 4/5 vote of the Commission. Those interested in applying are encouraged to contact the Office of the City Clerk at (407) 327- 6560 or caowan@wintersprinasfl.org_for a qualifying package and/or more information. Christian Gowan, MPA City Clerk CITY OF WINTER SPRINGS, FLORIDA QUALIFYING APPLICATION FOR APPOINTMENT TO MAYOR SEAT THE OPIG/NAL QUALIFYING APPLIC:AT/ON AND ALL OTHER DOCUMENTS MUST COMPLETED WITH ORIGINAL SIGNATURESAND MUSTBEFILED IN THE CITY CLEPICS OFFICE BYNOON ON THURSDAY,APRIL 1,2021. Qualified candidates may attach a resume, references, recommendations, or other such documentation that the candidate desires to have the City Commission consider before making an appointment to fill the unexpired term of the Office of Mayor. The Mayor serves on the governing body of the City subject to the duties and responsibilities specified in the City Charter. Please be aware that documents submitted to the City are public records available for inspection to the extent allowed by Chapter 119, Florida Statutes. Please complete the following in the space provided: A. GENERAL 1. Name: 2. Home Address: 3. Occupation: 4. Telephone (cell): Telephone (other): 5. Email: B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on the City Commission: la. Are you duly registered to vote in Seminole County: (Y) (N)- 1 b. N)lb. Are you duly registered to vote in the City of Winter Springs? (Y) (N) 2a. Do you live within the City limits of Winter Springs: (Y) (N) 2b. What district do you reside in? (1) (2) (3) (4) (5)- 2c. How long (years and/or months) have you resided in the district selected in 2b? 2d. How long (years and/or months) have you resided in the City? 3. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction?Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) 4a. Do you presently serve on any other City of Winter Springs board or committee? (Y) (N) 4b. Please list each: S. Do you have any private or personal interests which might conflict with serving the City's interests, if you were to be appointed to serve on this board or committee? (Y) (N) 6. All persons applying for a City Commission Seat must voluntarily consent to a standard criminal background check before being appointed. Do you voluntarily consent to having a standard background check being performed on you by the City of Winter Springs? (Y) (N) 6a. Are you related to a City of Winter Springs Commission member by blood, adoption, or marriage? (Y) (N) 6b. If yes to 6a, please provide relation: 7. 1 have read the attached information detailing the duties and powers of the Mayor and the Pules and Procedures of the City Commission. (Y) (N) NOTE: The City of Winter Springs'City Commission has requested and encourages you to submit: 1) A brief Bio (to include background information, information related to any applicable qualifications and current/previous community service) 2) Information related to why you would be a good candidate to fill this open Mayor Seat YOU HEREBY REPRESENT TO THE CITY OF WINTER SPRINGS UNDER PENALTIES OF PERJURY THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE AND THE CITY OF WINTER SPRINGS HAS THE PIGHTTO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOP PUBLIC OFFICERS, AND THE FLORIDA SUNSHINE LAW, WHICH MAY PERTAIN TO YOU IF YOU APE APPOINTED TO SERVE AS MAYOR. IF APPOINTED IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. Signature: Date: Please return to: City of Winter Springs The Office of the City Clerk 1126 East State Road 434 Winter Springs, Florida 32708 2799 THE ORIGINAL QUALIFYING ADPL/CAT/ON AND ALL OTHER DOCUMENTS MUST BE COMPLETED WITH ORIGINAL SIGNATURESAND MUSTBEFILED IN THE CITYCLERK5 OFFICE BY NOON ON THURSDAY, APRIL 1, 2027 FAILURE TO TIMELY FILE AN APPLICATION MAYRESULTIN YOURAPPLICATION NOTBEING CONSIDERED BY THE CITYCOMMISSION. Revised 3/23/2021 ARTICLE IV. - GOVERNING BODY Section 4.01. -Composition; qualification of members; and commission districts. (a) Composition. There shall be a governing body composed of the mayor and five(5)commission members elected by the voters of the city as provided in this Charter.Not more than one(1)commission member shall reside in each of the five (5) commission districts provided for in Section 4.02 (a) of this Charter. The mayor shall be elected at large and may reside anywhere within the city. (b) Eligibility. Only qualified voters of the city shall be eligible to hold the office of mayor or commissioner.Each candidate seeking the office of city commissioner 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 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. 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.Notwithstanding the above requirement,city commissioners shall run at large as commission candidates under district designation. All candidates for offices in municipal elections shall be registered and qualified electors of the city at the time of their qualifying as a candidate with the city clerk and shall file qualifying papers in accordance with state statutes and pay the qualifying fee and election assessment provided for by city ordinances. Such application shall be filed and the qualifying fee paid during the qualifying period established by the city commission by ordinance. (Ord. No. 2010-19, §§ 3, 4, 8-9-10) Editor's note—Amendments to § 4.01 of the Charter were approved by the voters at an election held on Nov. 2, 2010. Section 4.02. -Commission districts; adjustment of districts. (a) Number of districts. The city commission of the City of Winter Springs, Florida, shall by separate ordinance divide the city into five(5)geographical commission districts. (b) Districting commission. By the first day of February, 1991,the first day of February, 1992,and every three(3) years thereafter,the city commission shall appoint seven(7)city electors determined from the registration of the last regular election, one (1)to be appointed by each commissioner from their respective district, and two (2) appointed by the mayor from the city at large,who shall comprise the districting commission. Electors chosen shall not be employed by the city in any other capacity. The initial districting commission, creating and establishing the first commission districts,shall be appointed by each commissioner and the mayor from the city at large. (c) Report;specifications. The districting commission shall file with the official designated by the city commission a report containing a recommended plan for establishment or adjustment of the commission district boundaries. The initial districting commission,creating and establishing the first commission districts, shall file such report within ninety(90)days of appointment.Thereafter,such reports shall be filed within one hundred twenty(120) days of appointment to the districting commission. The commission district boundaries shall comply with the following specifications: (1) Each district shall be formed of compact,contiguous territory,and its boundary lines shall follow the center lines of streets insofar as practical or possible,or other boundaries available. (2) The districts shall be based upon the principle of equal and effective representation as required by the United States Constitution and as represented in the mathematical preciseness reached in the legislative apportionment of the state. (3) The report shall include a map and description of the districts recommended and shall be drafted as a proposed ordinance. Once filed with the designated official, the report shall be treated as an ordinance introduced by a commissioner. (d) Support. It shall be the responsibility of the city manager to provide staff assistance and technical data to the districting commission. (e) Procedure. The procedure for the city commission's consideration of the report shall be the same as for other ordinances,provided that if a summary of the ordinances is published pursuant to this Charter and general law, it must include both the map and a description of the recommended districts. (f) Failure to enact ordinance. The city commission shall adopt the redistricting ordinance at least one hundred twenty (120) days before the next city election. If the city commission fails to either accept or reject the redistricting ordinance,the report of the districting commission shall go into effect and have the same effect of an ordinance. The proposed redistricting ordinance may not be rejected for any reason except for failure to comply with the specifications listed in section 4.02(c)of this Charter or failure to comply with other local,state or federal law. (g) Effect of enactment. The new commission districts and boundaries as of the date of enactment shall supersede previous commission districts and boundaries for all purposes; provided all incumbent commissioners shall continue to hold office for the entire term to which elected notwithstanding any change in commission district and boundaries. (Ord. No. 2010-19, § 9, 8-9-10) Editor's note—The amendment of§ 4.02 of the Charter was approved by the voters at an election held on Nov. 2, 2010. Section 4.03. -Election and terms. (a) The regular election of mayor and commissioners shall be held at the time provided for in Section 8.01 of this Charter.All elections shall be for four-year terms of office.The terms of the mayor and commissioner shall begin at the next scheduled regular or special meeting of the city commission of each year an election is held,and its members shall serve until their successors have taken office. (b) City commission seats are hereby designated as seats one,two,three,four and five. (c) The mayor shall be limited to three(3)consecutive full terms of office. Commission members shall be limited to three (3) consecutive full terms of office. The mayor or any commission member who has served three (3) consecutive full terms of office after having been out of office for a period of one(1)year, shall be eligible for election to successive three (3) consecutive full terms of office; provided however, this limitation shall not prohibit a person who has served three(3)consecutive full terms of office as mayor from qualifying and being elected as a commission member;nor shall this limitation prohibit a person who has served three(3)consecutive full terms of office as a commission member from qualifying and being elected as mayor of the city. (Ord. No. 2010-19, § 4, 8-9-10) Editor's note—The amendment of subsection (a) of§ 4.03 was approved by the voters at an election held on Nov. 2, 2010. Section 4.04. - Compensation; expenses. The city commission may determine the annual salary of mayor and commissioners by ordinance,but no ordinance increasing such salary shall become effective until the date of commencement of the terms of mayor and commissioners elected at the next regular election,provided that such election follows the adoption of such ordinance by at least six(6)months.The mayor and each commissioner of the city shall be reimbursed from the city treasury to cover the expenditures naturally and necessarily incurred in the performance of their duties of office and said reimbursement for expenses shall be established by resolution. Section 4.05. -Mayor. At each regular election for the office of mayor,a mayor shall be elected at large for a term of four(4)years and shall serve until the mayor's successor is elected and qualified;provided such term of office shall not exceed four(4)years.The mayor shall preside at meetings of the city commission,represent the city in intergovernmental relationships,present an annual State of the City Message,and perform other duties specified by the commission. The mayor shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law,but shall have no administrative duties.The city commission shall elect from among its members a deputy mayor who shall act as mayor during the absence or disability of the mayor.However,if a vacancy occurs in the position of mayor,the vacancy shall be filled in accordance with section 4.08(c)of this Charter. The mayor shall not vote except in case of a tie vote of the commission.Within ten(10)days after the adoption of any ordinance by the city commission,the mayor shall have the power to veto said ordinance and return it to the commission at the next regular meeting with a written message.It shall require the affirmative vote of four(4) commission members to pass the ordinance after the mayor's veto. (Ord. No. 2010-19, §§ 5, 9, 8-9-10) Editor's note—The amendment of§ 4.05 of the Charter was approved by the voters at an election held on Nov. 2, 2010. Section 4.06. -General powers and duties. All powers of the city shall be vested in the commission,except as otherwise provided by law or this Charter, and the commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. Section 4.07. -Prohibitions; holding other office. (a) Holding other office. Except where authorized by law,neither the mayor nor any commission member shall hold any other elected public office during the term for which the mayor or commission member was elected.Neither the mayor nor any commission member shall hold any other city office or city employment with the City of Winter Springs during the term of office for which elected.No former mayor or commission member shall hold any compensated appointive office or employment with the city until one year after the expiration of the term for which the mayor or commission member was elected.Nothing in this section shall be construed to prohibit the mayor or any commission member from selecting any current or former mayor or any current or former commission member to represent the city on the governing board of any regional or other intergovernmental agency, or to prohibit any former mayor or commission member from serving as a member of city advisory boards and commissions. (b) Appointments and Removals. Neither the mayor nor any commission member shall in any manner control or demand the appointment or removal of any city administrative officer or employee whom the city manager or any subordinate of the city manager is empowered to appoint, but the commission may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees. (c) Interference with Administration. Except for the purpose of inquires and investigations under section 4.11,the mayor and city commission shall not give orders to city officers and employees who are subject to the direction and supervision of the city manager,either publicly or privately,provided this prohibition shall not be construed so as to prevent the mayor and commission members from communicating with the various officers and employees of the city,as in the case of any other citizen of the city. Section 4.08. -Vacancies; forfeitures of office; filling of vacancies. (a) Vacancies. The office of the commissioner or mayor shall become vacant upon their death,resignation,removal from office in any manner authorized by law or forfeiture of their office,or in the event no one is elected to the office of mayor or commission member. (b) Forfeiture of office. A commissioner or mayor shall forfeit their office if a commissioner or mayor: (1) Lacks at any time during their term of office any qualifications prescribed by this Charter or by law;or (2) Knowingly and willfully violates any express prohibition of this Charter;or (3) Is convicted of a felony;or (4) Fails to attend three (3)consecutive regular meetings of the commission without being duly excused by the commission. (c) 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. (Ord. No. 2010-19, §§ 5, 9, 8-9-10) Editor's note—The amendment of§ 4.08 of the Charter was approved by the voters at an election held on Nov. 2, 2010. Section 4.09. -Judge of qualifications. The commission shall be the judge of the election and qualifications of its members and of the grounds of forfeiture of their office and for that purpose shall have power to subpoena witnesses,administer oaths and require production of evidence.A member charged with conduct constituting grounds for forfeiture of their office shall be so notified by certified mail and shall be entitled to a public hearing on demand,and notice of such hearing shall be published in one or more newspapers of a general circulation in the city at least one week in advance of the hearing. Decisions made by the commission under this section shall be subject to review by the courts. (Ord. No. 2010-19, § 9, 8-9-10) Editor's note—The amendment of§ 4.09 of the Charter was approved by the voters at an election held on Nov. 2, 2010. Section 4.10. -City clerk. (a) The city commission,after receiving a nomination from either the mayor or a commission member(s)shall,by a vote of not less than four(4)commission members, appoint an officer of the city who shall have the title of city clerk. The city clerk's compensation shall be established by the city commission. The city clerk shall give notice of commission meetings to its members and the public,keep the journal of its proceedings and perform such other duties as are provided by this Charter,by the commission or by law. (b) The city clerk may be removed by a vote of not less than four(4)commission members. (Ord. No. 2010-19, § 7, 8-9-10) Editor's note—The amendment of Subsection 4.10(a) of the Charter was approved by the voters at an election held on Nov. 2, 2010. Section 4.11. -Investigations. The commission may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses,administer oaths,take testimony and require the production of evidence.Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the commission shall be guilty of a misdemeanor and punishable by a fine of not more than five hundred dollars($500.00)or by imprisonment for not more than sixty(60)days or both. (Ord. No. 2010-19, § 9, 8-9-10) Editor's note—The amendment of§ 4.11 of the Charter was approved by the voters at an election held on Nov. 2, 2010. Section 4.12. -Reserved. Editor's note—Ord. No. 2010-19, § 9, adopted Aug. 9, 2010 placed the repeal of former § 4.12 before the voters, which they approved, at an election held on Nov. 2, 2010. Former § 4.12 pertained to independent audits. Section 4.13. -Procedure. (a) Meetings. The commission shall meet regularly at least once every month at such rimes and places as the commission may prescribe by rule. Special meetings shall be held on the call of the mayor or three(3)or more members and whenever practicable,upon no less than twelve(12)hours'notice to each member. All meetings shall be public. (b) Rules and journal. The commission shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings.This journal shall be a public record. (c) Voting.Voting,except on procedural matters,shall be by roll call and the ayes and nays shall be recorded in the journal. Three(3)members of the commission shall constitute a quorum but a smaller number may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the commission. No action of the commission shall be valid or binding unless adopted by the affirmative vote of three(3)or more members of the commission. Section 4.14. -Actions requiring an ordinance. In addition to other acts required by law or by specific provisions of this Charter to be done by ordinance,those acts of the city commission shall be done by ordinance which: (1) Adopt or amend an administrative code or establish or alter or abolish any city department, office or agency; (2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; (3) Levy taxes, except as otherwise provided in Article VII with respect to the property tax levied by the adoption of the budget; (4) Grant or renew or extend a franchise; (5) Regulate the rate charged for its services by the public utility,except as provided by law; (6) Convey or lease or authorize the conveyance or lease of any land of the city; (7) Adopt without amendment ordinances proposed under the initiative power;and (8) Amend or repeal any ordinance previously adopted,except as otherwise provided in Article IX with respect to repeal of ordinances reconsidered under the referendum power. (Ord. No. 2010-19, § 9, 8-9-10) Editor's note—The amendment of§ 4.14 of the Charter was approved by the voters at an election held on Nov. 2, 2010. Section 4.15. -Ordinances in general. (a) Form. Every proposed ordinance shall be introduced in writing in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The City of Winter Springs hereby ordains..." (b) Procedure. An ordinance may be introduced by any member at any regular or special meeting of the commission. Upon introduction of any ordinance, it shall be read in its entirety; provided however the said reading may be by title only if all members of the city commission so vote.All ordinances shall be read twice, the second reading of any ordinance shall be by title only and shall follow the first by a minimum of ten(10) days;provided however,this requirement may be waived by a unanimous vote of all five (5)members of the commission.All ordinances shall be posted in the city hall for thirty(30)days after their first reading. (c) Effective date. Except as otherwise provided in this Charter,every adopted ordinance shall become effective at the expiration of thirty(30)days after adoption or at any date specified therein. (d) Emergency ordinances. Emergency ordinances may be adopted by the city commission in accordance with law. Every emergency ordinance shall automatically stand repealed as of the sixty-first day following the date on which it was adopted unless repealed sooner by the commission.Nothing herein shall prevent re-enactment of the ordinance in the manner specified in this subsection if the emergency still exists. (Ord. No. 2010-19, § 8, 8-9-10) Editor's note—The amendment of§ 4.15 of the Charter was approved by the voters at an election held on Nov. 2, 2010. Section 4.16. -Authentication and recording; codification. The mayor and the city clerk shall authenticate by their signatures all ordinances and resolutions adopted by the city commission and the city clerk shall record in full in a properly indexed book kept for that purpose all such ordinances and resolutions. ARTICLE IL - CITY COMMISSION Sec. 2-26. -Recall of elected officials. (a) Any elected public official may be recalled from office pursuant to the provisions herein set forth. (b) F.S. § 100.361 is hereby incorporated in haec verba into this section and all provisions shall be applicable to any public elected official of the city. (Code 1974, § 2-3) Cross reference—Elections, § 2-81 et seq. Sec. 2-27. -Rules and procedures of the city commission—Generally. (a) Authority. The rules and procedures established under this article II are adopted in furtherance of subsection 4.13(b)of the City Charter which provides that the city commission shall determine its own rules and order of business.The rules and procedures adopted under this article II are intended to be supplemental and in addition to other applicable provisions of law.To the extent that any provision of these rules and procedures is in conflict with the City Charter,state or federal law,the conflicting provisions of the City Charter,state or federal law shall prevail and apply.The rules and procedures adopted by the city commission shall not be construed or interpreted in any way to limit the broad powers vested in the city commission under the City Charter,article VIII, section 2(b)of the state constitution,the Florida Municipal Home Rule Powers Act,and other applicable law. (b) Agenda packets. The city manager shall have the authority to and be responsible for preparing the city commission agenda for each city commission meeting.The mayor or any city commissioner shall have the right to have a matter placed on the regular agenda for timely consideration and action by the city commission.Upon completion of the agenda packets,the city clerk shall be responsible for distributing agenda packets to the mayor, city commissioners,city manager,city attorney,city staff and the public.Agenda packets shall be made available to the mayor and each commissioner no later than Wednesday(preferably by 5:00 p.m.)prior to the commission meeting;however,when absolutely necessary or in the event of an emergency,the city manager may authorize the distribution of the agenda packets after 5:00 p.m. and may distribute any add-on agenda item(s) after the agenda has been distributed on Wednesday. To the extent that certain agenda items require the review by or distribution of documents to the mayor and city commission that are deemed confidential or exempt from public disclosure by law,the city manager will arrange for such review or distribution in a manner deemed appropriate to protect such exemption or confidentiality. (c) Approval of the agenda.At the commencement of each city commission meeting during the call to order section, the city commission shall approve, by majority vote, the proposed agenda to be considered by the city commission at the meeting.Prior to the approval of the proposed agenda,the city commission may,by majority vote,add or remove agenda items from the proposed agenda or reorder agenda items in terms of placement on the agenda. Upon approval of the agenda, the agenda items will be considered by the city commission in the order presented on the approved agenda. (d) Robert's Rules of Order. Robert's Rules of Order shall be the "underlying foundation" for the conduct of commission meetings and will be followed to the extent practical and feasible and to the extent not modified by this article or as otherwise required by law.Robert's Rules of Order may be suspended by a majority vote of the city commission.The city clerk shall be responsible for maintaining at least two(2)copies of Robert's Rules of Order on the dais during all city commission meetings. (e) Consent agenda. Any commissioner may request that a consent agenda item be held for separate consideration. (f) Motions. No motion shall be recognized by the chair until all commissioners and the city manager have had an opportunity to address that agenda item. (g) Motions belong to commission.Motions shall only be permitted by members of the commission.Motions,once made,and seconded,belong to the commission,not the individual making the original motion. Motions which have been seconded may be withdrawn by consensus of the city commission without a formal vote.Amendments to pending motions are not required to be accepted by the maker of the pending motion. (h) Parliamentary procedure. All motions shall be considered in accordance with the Chart 1,Ranking Order and Chart II, motions in the "Parliamentary Procedure Basics for Governmental Bodies" (Third Edition, Agenda Associates). The city clerk shall be responsible for maintaining at least two (2) copies of the chart on the dais during all city commission meetings. (i) Time limits on agenda items. Unless otherwise approved by a majority vote of the city commission, each commissioner and the mayor shall be given a maximum of five(5)minutes to initially speak on an agenda item. After each commissioner and the mayor have been afforded the opportunity to initially speak on an agenda item, each commissioner and the mayor shall then be given additional time to speak in five(5)minute increments until discussion on that agenda item has been concluded. (j) Call the question. Motions to "call the question" shall require a second and a minimum two-thirds (2/3)vote of the commission. (k) Starting time of meetings. Regular city commission meetings shall be scheduled to commence at 6:30 p.m. on the second and fourth Monday of every month unless otherwise approved by the city commission. Special and emergency city commission meetings shall be scheduled as needed at a date and time established by the mayor, city commission or city manager,and whenever practicable,upon no less than twelve(12)hour notice provided to the mayor,city manager,city clerk,city attorney and each member of the city commission. (1) Time ofadjournment.Unless sooner adjourned by majority vote of the city commission,the mayor shall adjourn the commission meeting at 8:30 p.m.However,by majority vote of the city commission,a commission meeting may be extended beyond 8:30 p.m.,but no later than 10:00 p.m., in time increments or to handle any specific agenda item(s).A super-majority vote of the city commission shall be required to similarly extend a commission meeting beyond 10:00 p.m. (m) Reports. At the conclusion of each city commission meeting prior to any additional delegations portion of the city commission meeting,the agenda will set aside a time period for reports subject to the following protocol: (1) During reports, the mayor and each commissioner shall be afforded an opportunity to report on various committees and groups on which they represent the city, and to make brief comments in general. Each report is intended to be brief and not for purposes of proposing that the city commission take final action on major initiatives and/or initiatives that would ordinarily require significant city staff research before final action is taken by the city commission. (2) The city commission will not take final action on any major initiatives and/or initiatives that would ordinarily require significant city staff research presented under reports. (3) The city manager, city attorney, and city clerk shall also be afforded a brief opportunity to report on information and various matters requiring the city commission's attention and to also present pending miscellaneous matters requiring expedient direction from the city commission prior to the next regularly scheduled city commission meeting. (4) Unless otherwise approved by a majority vote of the city commission,each commissioner and the mayor shall be given a maximum of five(5)minutes to speak under reports. (5) Reporting individuals may circulate,prior to the meeting,background information that may be reported on during the meeting. Such information shall be provided through the city clerk's or city manager's office for distribution to the mayor and city commission in a manner similar to the distribution of agenda packets, except that the city attorney may distribute attorney-client privileged work product directly to the city manager, mayor and city commissioners to the extent necessary to protect such privilege. Further, to the extent that certain information must be distributed by the city manager that is deemed confidential or exempt from public disclosure by law, such information may be distributed directly to the mayor, city commissioners, and city attorney to the extent necessary to protect such exemption or confidentiality. At the meeting,the reporting individual can present or refer to the background information in support of their report item. (6) Reporting individuals may also present their report items in writing to be distributed at the meeting. (Ord. No. 2016-09, § 2, 10-10-16; Ord. No. 2018-08, § 2, 1-14-19; Ord. No. 2019-01, § 2, 1-28- 19) Sec. 2-28. -Addressing the mayor and city commission. (a) Oral communications. Any person desiring to address the mayor and city commission shall first secure the permission of the presiding officer and shall state his/her name and address for the record. If such person is speaking as an authorized representative, such person shall also advise the mayor and city commission of the name of the person, group, business, or organization being represented. All remarks shall be addressed to the mayor and city commission as a body and not to any member thereof,unless permission to do so is first granted by the presiding officer or the city commission. Individual members of the public shall limit their discussion or comments to no more than three(3)minutes.Individuals representing a group or homeowner's association shall limit their discussion or comments to no more than five(5)minutes.No questions shall be asked of the mayor or a city commission member or city official except through the presiding officer. (b) Written communication. Interested persons may address the mayor and city commission by written communications in regard to a matter then under discussion. (c) Reading protests. Interested persons may address the mayor and city commission by reading of protests, petitions,or other communications related to matters then being considered by the city commission. (d) Mayor enforce time limits. The mayor shall strongly enforce the directives of the city commission relative to disruptive members of the audience and time limits on public input. (e) Disruptive behavior prohibited. Disruptive behavior by members of the audience including,but not limited to, fighting,yelling,throwing or launching projectiles,audible use of electronic devices(e.g.,cell phones,lap tops, tablets, cameras, and gaming devices), visual displays (e.g., lasers, holographical images, projections, and blinking,flashing or other light displays),and causing loud noises is strictly prohibited.Cell phones or any other ringing device must be silenced or turned off during city commission meetings. (f) Certain remarks prohibited.Obscene or disparaging language,fighting words,or slanderous remarks are strictly prohibited at the city commission meetings. (g) Non-resident and/or non-taxpayer restriction. The city commission,by majority vote,may decline to hear any person who is not a resident or taxpayer of the city,except: (1) When the person is a user of the city's water or sewer system and wishes to be heard on a matter related to the city's sewer and/or water system. (2) When such person is a city employee who wishes to be heard on a matter relating to his/her employment; or (3) When such person is serving as an authorized representative for a person who would otherwise be permitted to be heard on the subject matter before the city commission. (h) Delegations.Public comment will be included on every city commission agenda under the following conditions: (1) At the beginning of each regular,special or workshop meeting at which the city commission will take final official action on any proposition, the city commission will set aside up to thirty (30) minutes of each regular, special or workshop meeting for "delegations" (aka limited public forum) after call to order and any awards and presentations, immediately prior to taking any final official action on any proposition. In addition,at its discretion,the city commission may set aside up to an additional thirty(30)minutes of each regular, special or workshop meeting for an additional "delegations" portion of the meeting at the end of each city commission meeting.Delegations shall be subject to other applicable provisions of the City Code. The purpose of the first delegations portion of the meeting is for any person to be heard on any item on the agenda,except the following items: a. Emergency items, meaning an official act that must be taken to deal with an emergency situation affecting the public health, welfare, or safety, if compliance with F.S. § 286.0114, would cause an unreasonable delay in the ability of the city commission to act; b. Ministerial items,meaning an official act involving no more than a ministerial act,including,but not limited to,approval of minutes and ceremonial proclamations.Ministerial items also include motions or questions of parliamentary procedure that do not result in a final official action of an item before the city commission; C. Quasi-judicial items, generally meaning land use and other applications considered by the city commission requiring the application of a general rule of existing policy as more specifically described in section 2-30 of the City Code;and d. Public hearing items, where public comments are taken elsewhere on the agenda when the item is presented. The purpose is also to allow any resident or taxpayer of the city to make his/her views known to the city commission upon any subject of general or public interest.Additionally,a city employee shall be permitted to address the mayor and city commission as to matters regarding his/her employment,and a user of the city's sewer or water system shall be permitted to address the city commission regarding matters related to the city's sewer and/or water system. (2) The second discretionary "delegations" at the end of the meeting shall be for the limited purpose of allowing any resident or taxpayer of the city to make his/her views known to the city commission upon any subject of general or public interest.Additionally,a city employee shall be permitted to address the mayor and city commission as to matters regarding his/her employment, and a user of the city's sewer or water system shall be permitted to address the city commission regarding matters related to the city's sewer and/or water system. (3) Each person addressing the city commission during delegations shall speak for no more than three (3) minutes and a person representing a group or homeowner's association shall speak for no more than five (5)minutes,unless a lesser or greater time is provided by a majority vote of the city commission. (4) If it appears that a matter presented by a speaker during delegations is administrative in nature, and the question or matter raised can be adequately answered or addressed by the city manager or administrative staff, the city commission may request, upon consensus, or proper motion and majority vote, that the speaker refer the matter to the city manager or his designee during normal city business hours. If such a referral is made by the city commission,the speaker shall have no further right to present that matter at the meeting.If the speaker is not adequately satisfied by the city's administrative staff upon proper referral,the speaker shall have the right to bring the matter in question before the city commission during the delegations portion of any subsequent city commission meeting. (5) The city commission recognizes that delegations is for the purpose of allowing persons to speak on propositions on the agenda in accordance with limitations and requirements set forth in F.S. §286.0114,as well as for purposes of legitimate inquiries and discussion by the public.Delegations is not for the purpose of advancing arguments or repetitious questions concerning matters which the city commission believes to be closed which are not propositions requiring final official action of the commission or not of general public concern.Further,it is not appropriate to readdress quasi-judicial and public hearing items previously addressed by the city commission at the same meeting. The city commission shall have the right at any delegations to decline to hear any person or any subject matter upon consensus, or proper motion and majority vote,by the city commission in accordance with law. (i) Public hearings in general. The city commission shall hold a public hearing on agenda items to the extent required by law including,but not limited to,items related to the adoption of ordinances,adoption of the annual millage and budget,and other agenda items required by law.The following are intended to be general guidelines for such hearings: (1) All public hearings shall be advertised in a newspaper of general circulation one(1)time in advance of the public hearing,stating the date,time,place,and nature of the public hearing,and the location where further information may be obtained regarding the subject matters to be considered.Advertisements shall comply with the public notice requirements required by applicable Florida Statutes and law. (2) Proposed ordinances or resolutions and notice shall be placed at city hall for public review in advance of each public hearing. (3) At the public hearing,the city attorney shall read any ordinance or resolution by title or in full,as required by general law or City Charter, for the public record, and provide general background to the item along with city staff. (4) Members of the public speaking on public hearing items, though entitled to be heard by the city commission, are not entitled to an immediate response by either administrative staff members or city commission members once the public hearing is closed;however,commission discussion may or may not include a response. No question by the public should be addressed directly to any member of the administrative staff. (5) Public comment by individual speakers from the audience on public hearing agenda items shall be limited to three (3) minutes. Representatives of recognized groups shall be limited to five (5) minutes; and total comments on a single issue shall be limited to thirty(30)minutes. Applicants shall be limited to ten(10) minutes. The city commission may grant additional time by consensus, or majority vote, of the city commission if the complexity of the relevant issues addressed during the public hearing require additional public debate. The city commission by consensus, or majority vote, also reserves the right to reduce the time limits to speak if the hour of the commission meeting is late or a large number of speakers desire to speak.Only one(1)presentation per person per issue shall be allowed. (6) Speakers shall be limited to speak on the subject matter of the public hearing item. The presentation of repetitious questions or information concerning the public hearing item shall not be permitted. (j) Public comments on propositions not on the agenda. If a proposition is considered by the city commission at a meeting which is not listed on the agenda,and consideration shall constitute final official city commission action, then the mayor will offer the public an opportunity to speak to that item before the decision is made. However, if final official city commission action on the proposition will occur at a subsequent city commission meeting, the mayor will offer the public an opportunity to speak to that item at the meeting at which the city commission takes final official action on the proposition subject to the applicable provisions of the City Code. Under this section,the term"proposition"does not include ministerial,emergency and quasi-judicial matters as those terms are generally defined in subsection(h)(1)c.of this section. (k) Speaker cards. The city clerk will create and maintain a short form, subject to the city commission's approval, for an individual to use in order to inform the city commission of a desire to be heard during delegations and public hearing items;to indicate his or her support, opposition, or neutrality on an agenda item or proposition before the city commission for consideration;and to indicate his or her designation of a representative to speak for him or her or his or her group on an agenda item or proposition before the city commission if he or she so chooses. The form will also contain the individual's contact information for purposes of demonstrating compliance with the commission rules and procedures and following up on matters to the extent the city believes follow-up is necessary.Forms must be completed by the individual at the meeting and submitted to the city clerk, who will provide them to the mayor or the presiding city commissioner for consideration and handling during the meeting.A person submitting a form is not required to speak,but may request on the form that the mayor or the presiding city commissioner briefly note for the record their support or opposition for an agenda item or proposition before the city commission. (1) Appeals;preservation of a record. It shall be the responsibility of any person deciding to appeal any decision made by the city commission with respect to any matter considered to preserve the record including, but not limited to,a verbatim record of the proceedings and testimony and evidence upon which any such appeal is to be based. In the event that such person prepares or has prepared a verbatim transcript of the proceeding by a court reporter, the person shall be required to provide a courtesy copy of the transcript to the city clerk for purposes of maintaining public records and any future appeal. (m) Campaign free zone. The city commission chamber is hereby declared a campaign-free zone and visible campaign materials and speeches shall be prohibited in the chamber during city commission meetings. Standard size (approximately 2 inches by 4 inches) candidate name badges are permitted and shall not be considered campaigning under this subsection. (n) Placards, signs, posters, flags and banners. Due to the limited size and function of the city commission chambers and city hall lobby,and for the safety and protection of the public attending commission meetings,the public is prohibited from bringing placards, signs, posters, flags and banners for public display within the chamber and lobby during city commission meetings,unless a placard,sign,poster,flag or banner is authorized in advance by the city manager or city commission to be ceremonially presented to the city commission as part of an agenda item.However,in such instances,the placard, sign,poster,flag or banner shall be properly stored and set aside until the ceremonial presentation in order to avoid disrupting the meeting, impeding the public's attendance,or injuring the public in attendance. (o) Enforcement; order of removal. The mayor or the presiding city commissioner shall enforce the rules adopted by the city commission.Any person in violation of any of the rules shall first be given a warning of the violation. Any subsequent violations shall be cause for removal from the chambers by the police chief or his designee for the remainder of the city commission meeting by order of the mayor, the presiding city commissioner or a majority of the city commission.Notwithstanding,the mayor,the presiding city commissioner or a majority of the city commission may order the immediate removal of any person from the city commission chambers that poses a threat to property or life safety. (Ord. No. 2016-09, § 2, 10-10-16) Sec. 2-29. -Additional rules of conduct. The mayor and city commissioners shall adhere to the following additional rules of conduct: (1) The proper statutory and City Charter role of a mayor and city commissioner,as with any elected member of a legislative body, is to act collectively,not individually,to set and/or revise and/or to apply the city's governing policies and that the city manager and staff administer such policies. (2) The mayor and city commissioners,individually,do not manage the affairs of the city.The mayor and city commissioners will not intrude into daily operations or spheres of responsibility designated by state statutes, City Code, and City Charter to the city manager as the chief executive officer; or undermine the city manager's lawful authority. The city manager is responsible for administering the policy direction established by a majority vote of the city commission and not the policy wishes of the mayor or one (1) individual city commissioner. (3) The mayor and city commissioners represent the interests of the entire city when making decisions and will rely upon available facts and their respective independent judgment. In their official capacity as an elected representative of the city, the mayor and city commissioners will avoid conflicts of interest and avoid using their official position for personal,professional,or partisan gain. (4) The mayor and city commissioners will demonstrate dignity, respect, and courtesy toward those whom they are in contact with in their official capacity as either the mayor or city commissioner.The mayor and city commissioners will refrain from intimidation and ridicule of the mayor, fellow commissioners, city manager,city attorney,staff,citizens of the city,and city utility customers. (5) The mayor and city commissioners, in their official capacity as an elected representative of the city,will refrain from inappropriate language including statements that are malicious, threatening, slanderous, disparaging,mean-spirited,vulgar or abusive.All disagreements,concerns or criticisms shall be framed in language that is in keeping with the dignity and professionalism of an elected official and the honor of serving as an elected representative of the city. (6) The mayor and city commissioners will focus on solving problems, and in doing so will maintain appropriate decorum and professional demeanor in the conduct of city business and work cooperatively and conscientiously with others as they respectively request or receive information,examine data or weigh alternatives in the decision-making process. (7) The mayor and city commissioners will demonstrate patience and refrain from demanding, interruptive access to staff or immediate responses or services when requesting information that requires significant staff time in research, preparation or analysis or that will result in staff neglect of urgent duties. Such requests will be made through the city manager for scheduling and prioritizing through consensus of the city commission. The mayor and city commissioners will work cooperatively with the city manager to establish reasonable parameters for such requests and access. (8) The mayor and city commissioners will devote adequate time for preparation prior to city commission meetings and as much as possible,the mayor and each member of the city commission will be in attendance at such meetings and all other scheduled events where their official participation is required. (9) The mayor and city commissioners will respect diversity and encourage the open expression of divergent ideas and opinions from the mayor and fellow city commissioners, city manager, city attorney, staff, citizens of Winter Springs, and city utility customers. They will listen actively and objectively to others' concerns or constructive criticisms. (10) The mayor and city commissioners will refrain from any individual action that could compromise lawfully authorized decisions of the city or the integrity of the city and the mayor and fellow commissioners. The mayor and city commissioners will delineate clearly for any audience whether they are acting or speaking as an individual citizen or in their respective capacity as a representative of the city. (11) The mayor and city commissioners will maintain in confidence any privileged or confidential information provided to them by the city and will not disclose such information publicly or to any person who has not been duly authorized by the city to receive such information,unless such disclosure is duly authorized by the city commission or city manager or required by law. In addition,the mayor and city commission will refrain from copying any written privileged or confidential documents provided to them by the city and will keep such documents in safekeeping. Further, upon leaving office or upon request by the city commission or city manager, the mayor and city commissioners will return to the city any privileged or confidential documents or materials provided to them by the city while serving on the city commission.For purposes of this paragraph, privileged and confidential information is only information that is deemed privileged or confidential and/or exempt from public records disclosure by law. By way of example, and without limiting the scope of the kinds of information that could be privileged or confidential and/or exempt, the following information is generally deemed privileged or confidential and/or exempt from public disclosure: (i) information pertaining to security systems for any property owned or leased by the city; (ii) risk assessment information to determine security threats to data, information and information technology resources of the city; (iii) attorney-client work product related to pending or reasonably anticipated litigation or city claims file; (iv) city commission transcripts of attorney-client litigation sessions until the conclusion of litigation; (v) claims files regarding the city's risk management program (vi) information concerning the plans, intentions, or interests of a private entity to located, relocate or expand its business activities within the city if the private entity requests such confidentiality in writing; (vii)all work product developed by the city in preparation for collective bargaining negotiations,and during negotiations;(viii)trade secrets and proprietary business information contained in records held by the city; (ix)certain personal identifying and health information contained in records held by the city when required by law;(x)active criminal intelligence information and active criminal investigative information;and(xi) any information revealing law enforcement surveillance techniques or procedures or personnel or information revealing the identity of a confidential informant or confidential source. The mayor and city commissioners may contact the city manager or city attorney with any questions on whether certain information falls within the scope of this paragraph. (12) The mayor and city commissioners will abide by all laws of the state applicable to their official conduct on the city commission, including but not limited to the Government in the Sunshine Law, the Florida Public Records Law,the Florida Code of Ethics for Public Officers,and city rules and procedures and codes of conduct adopted by the city commission including,but not limited to,the rules and procedures and code of conduct expressed in this article. (13) The mayor and city commissioners will promote constructive relations in a positive climate with all city employees,city attorney,and city contractors and consultants consistent with their official role on the city commission, as a means to enhance the productivity and morale of the city. The mayor and city commissioners will support the city manager's decision to employ the most qualified persons for staff positions.The mayor and city commission will recognize the bona fide achievements of the city manager, staff,city attorney, city contractors and consultants,business partners, and others sharing in, and striving to achieve,the city's mission and strategic objectives. (14) The mayor and city commissioners will enhance their knowledge and ability to contribute value to the city as a member of the city commission by keeping abreast of issues and trends that could affect the city through reading,continuing education and training.The mayor and city commissioners will study policies and issues affecting the city,and will attend training programs if required by the city or law.A continuing goal of the mayor and city commissioners will be to improve their respective performance as a member of the city commission. (15) The mayor and city commissioners will value and assist each other on the city commission by exchanging ideas, concerns, and knowledge through lawful means of communication. Together, they will help build positive community support for the city's mission and the policies and strategic objectives established by the city commission. (16) The mayor and city commissioners will support and advocate for their respective beliefs,but will remain open to understanding the views of others. The mayor and city commissioners recognize that they each share in the responsibility for all city decisions and will accept the will of duly authorized decisions of the city commission and city electorate. (17) The mayor and city commissioners understand that their first priority as a member of the city commission will always be to look out for the best interests of the citizens of the city and the public health, safety and welfare. The mayor and city commissioners will seek to provide appropriate leadership that nurtures and motivates city citizens to be stakeholders in the affairs and achievements of the city. (18) The mayor and city commissioners will be accountable to the city commission for any violations of the rules and procedures and rules of conduct established by the city commission under this article. (Ord. No. 2016-09, § 2, 10-10-16) Sec. 2-30. -Quasi-judicial rules and procedures of the city commission. The city commission recognizes that certain agenda items presented to the city commission for a final decision are considered by the courts as quasi-judicial in nature.Under applicable law,quasi-judicial proceedings require the mayor and city commissioners to serve as a quasi-judicial decision maker.The city commission must afford due process and comply with due process requirements including,but not limited to,notice,a hearing before an impartial decision-maker,and a right to a fair and orderly hearing process where applicants and interested parties are afforded an opportunity to be heard and present evidence.The following rules and procedures are not intended to be strictly applied,but rather are intended to serve as a guide to assist the mayor and city commission with conducting a quasi-judicial hearing in accordance with the requirements of law: (1) Categories of decisions—quasi-judicial defined generally. For purposes of understanding the context of this section,the city commission will make a variety of different types of decisions that the law classifies differently. For example, some decisions are classified legislative, executive/administrative, or quasi- judicial in nature. The decision making process employed by the city commission and scope of judicial review are markedly different for the different classifications.Quasi-judicial matters are agenda items that generally require the city commission to apply a general rule of existing policy.Such agenda items include, but are not limited to, land use and other applications such as rezonings, variances, special exceptions, conditional uses,special permits,site and engineering plans,and subdivisions of land and plats. (2) Legislative and executive/administrative decisions Generally. This section is not intended to be applicable when the city commission is exercising legislative and executive/administrative decision making authority. For example, and without the intention of being a limitation on such decisions, the Florida Supreme Court has held that comprehensive plan amendments are considered a formulation of policy and therefore,are considered legislative actions and not quasi-judicial in nature. The adoption of an ordinance or resolution by the city commission that formulates policy is also considered a legislative action. The approval of contracts, appointing of board members and the purchasing of good and services are executive/administrative decisions. (3) Fundamental requirements. Quasi-judicial proceedings shall comply with the minimum requirements of law. Interested parties shall at a minimum be permitted to be heard,present evidence, be represented by counsel,and cross examine witnesses.Decisions made by the city commission will be based on competent substantial evidence presented on the record at the hearing and based upon the application of applicable criteria established by law. (4) Competent substantial evidence. Competent substantial evidence has been generally defined by the courts as such evidence as will establish a substantial basis of fact from which the fact at issue can be reasonably inferred.It is such relevant evidence as a reasonable mind would accept as adequate to support a conclusion. (5) Burden of proof. The applicant seeking approval of an application has the burden of proving that the proposed application is consistent with the city's comprehensive plan and complies with all of the applicable substantive criteria and procedural requirements of the City Code and other applicable provisions of law. (6) Objectors;party intervenor applications. a. Persons objecting to an application must prove standing, which is the cornerstone of their right to present any case against an application. Standing is subject to applicable statutory and case law. Typically,but not in every case,the person seeking to prevent or overturn a quasi-judicial decision must show special damages and an interest different in kind and degree from that of the general public's at large.The city commission reserves the right to contest any person's standing to participate in a quasi-judicial hearing at any time through all appellate proceedings even if the person was permitted to participate in the hearing. b. An affected party who believes that they have legal standing and can demonstrate that they have a special interest and may suffer special damages different in kind and degree from that of the general public's at large,can file a parry intervenor application with the city manager requesting to be formally declared a party intervenor for purposes of presenting factual and expert testimony and evidence at the quasi-judicial hearing.The application shall be filed at least seven(7)days prior to the scheduled quasi-judicial hearing and shall state with specificity the factual and legal basis on which the party believes they have legal standing,and a general list of witnesses and evidence that the party anticipates submitting to the city commission.Failure to timely file a party intervenor application shall be deemed a waiver of the opportunity to seek a parry intervenor determination by the city commission. Applications timely filed will be reviewed for legal sufficiency by the city attorney and presented to the city commission at the commencement of the hearing for a determination. The city commission may limit the number of party intervenors or consolidate party intervenors for presentation purposes to avoid unnecessary repetition and delay of the quasi-judicial hearing.If the city commission grants party intervenor status to a party,the parry will be afforded time at the hearing to present the factual and expert testimony and evidence in accordance with subsection(8)of this section.Party intervenors may be sworn-in as witnesses and shall be subject to cross-examination by other parties or party intervenors,and shall be required to qualify expert witnesses,as appropriate. (7) Rules of evidence. The strict rules of evidence shall not apply.However,the city commission is required to make decisions on quasi-judicial agenda items based on testimony and evidence that is actually presented on the record at the hearing. The following evidentiary rules should be considered when the city commission receives testimony and evidence at the hearing: a. Lay testimony. Citizen testimony is permissible and may constitute competent substantial evidence so long as it is fact-based.Mere generalized statements of opposition are to be disregarded.The polling of citizens to determine who is"for"or"against"an agenda item is not competent substantial evidence and should not be permitted at the hearing. b. Records, maps and reports. Maps, diagrams, reports and other official records may be competent substantial evidence in themselves including,but not limited to,all official records of the city and any other local,state,federal government agencies. c. Expert testimony. The opinions and recommendations of professional city staff members including, but not limited to, city planning and zoning staff, the city engineer, law enforcement and fire personnel,and other qualified staff members may constitute competent substantial evidence,provided such opinions and recommendations are related to the city staff person's professional expertise and qualifications. The opinions of other duly qualified professionals and experts of applicants and objectors may also be similarly considered competent substantial evidence. d. Hearsay evidence.Hearsay evidence may be admissible provided it is used to support other competent substantial evidence presented in the record before the city commission. (8) Presentation ofevidence.Unless otherwise required by the city commission or as permissible in subsection (8)m.below,the following order of presentation will generally occur on agenda items that are subject to a quasi-judicial hearing: a. The mayor will briefly introduce the item(approximately three(3)minutes). b. The city attorney shall read any ordinance considered by title or in full pursuant to the requirements of the City Charter for the public record,present party intervenor applications timely received for the city commission's determination, and provide general background to the agenda item to the extent necessary(approximately five(5)minutes). c. The city administrative staff and any staff consultants shall present a summary of the application and agenda item and its findings,opinions or recommendation on that application(approximately ten(10) minutes). d. The applicant and any factual and expert witness(es) will provide testimony and evidence on the application and matter being considered(maximum fifteen(15)minutes). e. Any party intervenors and any factual and expert witness(es)will provide testimony and evidence on the application and matter being considered(maximum of ten(10)minutes). f. To the extent that the item is a public hearing,the mayor shall open the public hearing and invite any person in attendance to speak to the issue and to present any factual or expert testimony (if any) relevant to the matter being considered(maximum three (3)minutes per person or five (5)minutes per representative of recognized groups). If the matter is not a public hearing item, objectors (not granted party-intervenor status),proponents and the general public will be permitted to speak to the issue and to present any factual or expert testimony relevant to the matter being considered(maximum three(3)minutes per person or five(5)minutes per representative of recognized groups). g. Cross-examination of adverse witnesses by the applicant and any party intervenors shall be permitted during testimony to the extent requested and necessary in furtherance of due process requirements (maximum five(5)minutes per witness). h. At the close of the evidentiary presentation,the applicant and staff will be afforded the opportunity to rebut any testimony and evidence.(maximum five(5)minutes each). i. At the conclusion of the rebuttal,the mayor shall close the evidentiary portion of the hearing and the city commission shall deliberate and make a final decision on the agenda item.To the extent deemed necessary by the city commission,at its discretion,the city commission may reopen the evidentiary portion of the hearing if the mayor and city commissioners have additional evidentiary inquiries of the applicant,staff or any party intervenor. j. Any documentation presented to the city commission in support of or in opposition to an application and agenda item shall be offered into the record at the hearing by submitting a copy or copies of same to the city clerk. The city clerk shall keep one(1)copy of the documents as part of the record of the proceeding. It shall be the responsibility of the party offering the evidence to make sure that it is received by the city clerk as part of the record, and that extra copies be presented to the mayor and city commissioners as deemed necessary or requested by the city commission. k. The agenda item and any staff report presented on any application and all applicable city codes and ordinances and state and federal law shall be deemed part of the record in all applications considered by the city commission. 1. If an applicant,party intervenor,or objector anticipates presenting, for the hearing record, a detailed written report as evidence, the applicant, party intervenor, or objector may submit the report to the city clerk in advance of the hearing and the report will be distributed to the mayor,city commission, city staff and any other interested person requesting the same prior to hearing to the extent feasible so the mayor and city commission and interested persons may examine the report prior to the hearing. Applicants, party intervenors, and objectors shall not submit such reports or any other evidentiary information directly to the mayor and city commission prior to the hearing. in. The city commission recognizes that in limited cases a full-blown quasi-judicial hearing may not be needed in order to ensure due process is satisfied before the city commission takes final action on an application. Such limited cases may occur when: (i) a specific application does not require a public hearing;(ii)the application is deemed complete and supported by a city staff recommendation in favor of approval in accordance with applicable requirements;(iii)the applicant concurs with the city staff recommendation;and(iv)no party intervenor or interested party has appeared at the city commission meeting to contest or seriously question the application and the recommendation and competent substantial evidence contained in the city staff recommendation. In such cases,the city commission may dispense with the evidentiary presentation formalities set forth in this subsection(h), consider the matter informally at its discretion,and rely on the city staff recommendation as uncontested and unrebutted competent substantial evidence,and take final action in a manner deemed appropriate by the city commission to conduct orderly and efficient city business. n. The city commission may modify the time limits specified in this subsection(8)on its own motion or consensus or upon request of a party to the proceeding. A request for a modification of time should be considered by the city commission to assure all parties have an opportunity to participate without undue repetition and delay in furtherance of affording due process. (9) Swearing-in of witnesses. Persons presenting evidence and expert testimony may be required to take an oath and be sworn by the city attorney,collectively or individually,in substantially the following manner: I(state witness name)swear or affirm to tell the truth,the full truth,and nothing but the truth. (10) Impartial decision maker; voting conflicts. The mayor and city commissioners sitting in a quasi-judicial capacity will each endeavor to act in an impartial and unbiased manner when it considers quasi-judicial agenda items.The city commission will base its final decision on such agenda items based upon the weight and credibility of competent substantial evidence, both direct and circumstantial, that is presented in the record at the quasi-judicial proceeding before the city commission.The mayor and city commissioners are each permitted to make deductions and reach conclusions which reason and common sense lead them to make in furtherance of legitimate government purposes that are in the city's best interests.Decisions of the city commission are made as a collective body,by majority vote,on a case-by-case basis. The mayor and city commissioners are not expected to testify at the proceeding and are not expected to engage in independent fact finding outside of the proceeding. The city commission may consider the advice of the city manager,city staff and city attorney in their respective official capacities.To the extent that the mayor or any city commissioner believes that they have a voting conflict of interest on any agenda item, under F.S. § 112.3 143,or other applicable law,the mayor or city commissioner with the conflict shall declare a voting conflict and recuse themselves from participating in the proceeding, abstain from voting upon the agenda item,and file the applicable voting conflict form.In addition,pursuant to F.S. §286.012,the mayor or any city commissioner may abstain from voting on a quasi-judicial agenda item if the abstention is to assure a fair proceeding free from potential bias or prejudice. (11) Ex parte communications.The mayor and city commissioners will neither knowingly initiate nor consider ex parte communications not disclosed on the record concerning the merits of any quasi-judicial application that is currently pending before the city commission or that the mayor or city commissioners knows or reasonably expects will be filed with the city commission within one hundred eighty (180)days after the date of any such communication. To the extent feasible and practicable,the mayor or city commissioners should avoid ex parte communications concerning the merits of any such application. Applicants, party intervenors,and any other non-city staff persons desiring to discuss the merits of such Applications or to provide written documents that would be considered ex parte communications should be directed to contact the city manager or his or her designee responsible for processing the application.The city manager or his or her designee will be responsible for handling the discussion or written communication in a manner deemed appropriate.The city manager or his or designee will be responsible for scheduling and conducting all meetings, and handling all official communications between the city(and its officials and employees) and applicants and party intervenors. a. Pursuant to F.S. §286.0115,if the mayor or any city commissioner receives ex parte communications regarding any application, the mayor or any city commissioner must publicly disclose such communications before or during the hearing at which a vote is taken on the quasi-judicial matter,so that persons who have opinions contrary to those expressed in the ex parte communications are given a reasonable opportunity to refute or respond to the communications. Specifically, all written communications received and all written responses to such communications will be placed on the record at the hearing, and the substance of all oral communications received and all oral responses made will be placed on the record. b. This subsection(11)is not intended to prohibit the mayor and city commissioners from making official inquiries of,or obtaining advice from,the city manager,city staff and city attorney in their respective official capacities. C. This subsection (11) is not intended to preclude the mayor and city commissioners from communicating with constituents and members of the public regarding the general existence or status of any application nor preclude the mayor or any city commissioner from attending community or homeowner's association meetings which are generally open to city residents and constituents at which an application may be discussed.In such circumstances,the mayor and city commissioners will neither knowingly initiate nor participate in ex parte communications regarding the merits of any application. (12) Continuance ofhearings. By majority vote of the city commission,the city commission may continue a quasi-judicial hearing on its own initiative or the request of city staff,the applicant or any interested party with standing in order to allow additional time to gather additional relevant evidence to be presented to the commission at a subsequent meeting. (13) Written orders offinal decisions. Final decisions made by the city commission regarding quasi-judicial applications and agenda items shall be made verbally by motion and roll call majority vote,but in some cases shall also be memorialized in a separate writing as follows: a. Pursuant to F.S. § 166.033,when the city commission denies an application for a development permit, as that term is defined in F.S. § 163.3164,city staff is directed to prepare and send written notice to the applicant based on the city commission's decision. The notice must include a citation to the applicable portions of an ordinance,rule,statute,or other legal authority on which the city commission based the denial of the permit, which may be contained in the agenda item presented by city staff. "Development permit" includes any building permit, zoning permit, subdivision approval,rezoning, certification,special exception,variance,or any other official action of local government having the effect of permitting the development of land;or b. By majority vote of the city commission,the city commission may direct the city attorney to prepare a proposed order,which will include findings of fact and conclusions of law, for the commission to consider as final commission official action on a quasi-judicial matter. If such direction is given to the city attorney, the hearing will be continued to another city commission meeting at which the commission will consider adopting the proposed order as presented or modified by commission. A copy of the final order will be provided to the applicant and other interested parties upon request;or c. Pursuant to other requirements of law;or d. If notice is not required by subsections a.,b. or c. above,city staff may provide a courtesy notice to the applicant of the city commission's final decision. (14) Supplemental quasi-judicial rules. To the extent necessary,the city commission may adopt or employ at a particular hearing supplemental quasi-judicial rules of procedure which shall apply to quasi-judicial matters consistent with the requirements of law. (15) Advisory hearing officer. The city commission may, at its discretion, appoint an independent, advisory hearing officer to conduct a quasi-judicial hearing under this section for purposes of recommending a written order regarding any application. The written order will contain recommended findings of fact and conclusions of law.The hearing officer shall be a member of the Florida Bar in good standing for five(5) or more years, and must demonstrate satisfactory knowledge of municipal law and quasi-judicial proceedings. (Ord. No. 2016-09, § 2, 10-10-16) Sec. 2-31. - Savings clause;waiver of rules and procedures. This article II is adopted for the sole benefit of the mayor and city commission for purposes of conducting orderly and efficient meetings.No person shall have any claim,right,or privilege whatsoever against the city or any of its mayor,city commissioners,officials and employees by virtue of the provisions of this article IL The failure of the mayor,city commissioners,city commission or any city official and employee to abide by any of the rules and procedures contained under this article II shall not have any adverse or negative effect on any decision made by the city commission.It is the intent and purposes of this section to provide that a violation of any of the specific rules and procedures set forth in this article shall not be,in and of itself,a legal basis to bring any cause of action against the city and its officials and employees or challenge or nullify an otherwise lawful action of the city commission. This article II shall not be construed or interpreted as the city consenting to be sued by any third party including,but not limited to,any applicant,party intervenor,objector,or any other person if compliance with the provisions of this article does not occur.The city commission reserves the right to expressly or impliedly waive the application of any provision of this article in its discretion. (Ord. No. 2016-09, § 2, 10-10-16) Secs. 2-32-240. -Reserved. CITY OF WINTER SPRINGS,FLORIDA 2021 MAYORAPPOINTMENT } x F � � U f 1959 AFF/DAV7TOF QUALIFIED VOTER STA TUSAND THIS COMPLETED w�oDwETR,,�` FORM MUST BE C/TYAND DISTRICTRESIDENCY PROV I DE D TO TH E CITY CLERK NO OFFICE OF THE MAYOR LATER THAN NOON ON THURSDAY, APRIL 1,2021 I, do hereby state that I seek appointment to the City Name of Candidate(Print or Type) of Winter Springs' Mayor of the City of Winter Springs to complete a four(4)year term previously held by Mayor Charles Lacey for the City of Winter Springs,Florida.I further swear or affirm: (1.) I am a qualified voter in the City of Winter Springs (2.) My legal place of residence is: StreetAddress City State zip Code (3.) Length of time of residency in the City of Winter Springs is: (4.) 1 am attaching two(2)documents,one to be a Florida Driver's License,as verification of my residency in the City of Winter Springs.The second document is: Signature Date StreetAddress City State zip Code .State of Florida Count,yof Sworn to(or affirmed)andsubscribed before me bymeans of(physical presence or_onlline notarization) this day of 2020 by Personally known: OR Produced Identification (Print name ofperson making statement) Type of Iden tifica tion produced Signature of Notary Public-State of Florida FOR OFFICE 115E ONLY Copy of Florida Driver's License provided for Item(5) Other documentation provided for Item(5) Revised 03/23/2021 NOM I NATION PETITION *All information on this form becomes a public record upon receipt by the Supervisor of Elections THIS COMPLETED *Itisa crime to knowinglysign more than one petition fora candidate.[Section 704.785 Florida Statutes] *lfallrequestedinformation onthis form isnot completed,theform will not be vaild as a Candidate Petition Form. FORM MUST BE PROVIDED TO THE I, the undersigned, a registered CITY CLERK NO (Please print name as it appears on your voter information card) LATER THAN NOON voter of the City of Winter Springs,nominate ON THURSDAY, to complete the unexpired term of Office of Mayor of Winter Springs recently vacated by former Mayor Lacey. APRIL 1,2021 Date of Birth OR Voter Registration Number Address (M M/DD" City [on my I State I Zip Code Signature of Voter Date Signed(M M/DD/VWV) Fro be completed by Voter] Rule 1S-2045,F.AC. NOM I NATION PETITION *All Informa t1on on this form becomes a public record upon recelp t bV the SupervIsor ofElectlons THIS COMPLETED *It is a crime to knowinglysign more than one petition for a candida te./Section 704.785 Florida Statutes] *Ifallrequestedinformationonthisformisnotcompleted,theformwillnotbevaildasaCandidatePetitionForm. FORM MUST BE PROVIDED I, the undersigned, a registered CITY CLERK THE NO (Please print name as it appears on your voter information card) LATER THAN NOON voter of the City of Winter Springs,nominate ON THURSDAY, to complete the unexpired term of Office of Mayor of Winter Springs recentlyvacated by former Mayor APRIL 1,2021 Lacey. Date of Birth OR Voter Registration Number Address (M M/DD/YY\M City [on my I rate I Zip Code Signature of Voter Date Signed(M M/DD/VWV) Fro be completed by Voter] Rule 1S-2.045,F.AC. CITY OF WINTER SPRINGS 2021 MAYOR APPOINTMENT OATH OF CANDIDATE OFFICE OF THE MAYOP 'All persons who now or hereafter are employed by or who now or hereafter are on the payroll of the state,or anyof its departments and agencies,subdivisions counties cide.%school boards and districts of the free public school system of the state or counties or institutions of higher learning,and all candidates forpublic office,are required to take an oath before anyperson dulyauthorized to take acknowledgements of instruments for public record in the state..."W605(7)Florida.Statutes) 'Any person seeking to qualify for public office who fails or refuses to file the oath required by this act shall be held to have failed to qualify as a candidate for public office and the name of such person shall not be printed on the ballot as a qualified candidate."[876.07Florida Statutes] I, , a citizen of the State of Florida and of the United States of America, and a candidate for public office, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida. Signature of Appointee Street Address City State Zip Code STATE OF FLORIDA COUNTY OF Sworn to (or affirmed) and subscribed before me by means of[—physical presence or onlline notarization}this day of 2021 by Personally known OP Produced Identification Type of Identification produced Signature of Notary Public - State of Florida CITY OF WINTER SPRINGS 2021 MAYOR APPOINTMENT OATH OF CANDIDATE OFFICE OF THE MAYOR "Each candidate,whether a party candidate,a candidate with no party affiliation,or a write-in candidate, in order to qualify for nomination or election to any office other than a judicial office as defined in chapter 105,shall take and subscribe to an oath or affirmation in writing. A printed copy of the oath or affirmation shall be furnished to the candidate by the officer before whom such candidate seeks to qualify..." [99.021 (1)(a) Florida Statutes] STATE OF FLORIDA COUNTY OF "Before me,an officer authorized to administer oaths, personally appeared (Please Print Name As You Wish It To Appear In City Records For This Appointment) to me well known,who, being sworn,says that he or she is a candidate for the office of Mayor;that he or she is a qualified elector of the City of Winter Springs, Seminole County, Florida;that he or she is qualified under the Constitution and the laws of Florida to hold the office to which he or she desires to be nominated or elected;that he or she has taken the oath required by ss.876.05-876.10, Florida Statutes;that he or she has qualified for no other public office in the state,the term of which office or any part thereof runs concurrent with that of the office he or she seeks;and that he or she has resigned from any office from which he or she is required to resign pursuant to s.99.012, Florida Statutes." Signature of Appointee Street Address City State Zip Code Sworn to and subscribed before me this day of 2021,at Seminole County, Florida. (Signature and Title of Officer Administering Oath)