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HomeMy WebLinkAbout2021 03 22 Regular 503 - Formally Receive and Accept Mayor Charles Lacey's Resignation Effective Monday, March 22, 2021 at 6:00 P.M. (Resolution No. 2021-02) + , REGULAR AGENDA ITEM 503 CITY COMMISSION AGENDA I MARCH 22, 2021 REGULAR MEETING TITLE Formally Receive and Accept Mayor Charles Lacey's Resignation Effective Monday, March 22, 2021 at 6:00 P.M. SUMMARY The Office of the City Clerk received an email on Friday, March 12, 2021 from Mayor Charles Lacey tendering his resignation of the Office of the Mayor of Winter Springs effective 6:00 P.M., March 22, 2021 . The City Clerk acknowledged receipt and made appropriate notifications. The resignation creates a vacancy on the City Commission. The City Charter, Section 4.08 (c) states: "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." Any qualified person that is appointed will serve until the next General Election, scheduled for Tuesday, November 8, 2022, at which time the electors of the City of Winter Springs will elect a qualified person to serve a new four (4) year term. RECOMMENDATION Staff recommends the City Commission formally deem a vacancy in the Mayor seat and take whatever action the City Commission deems legally necessary to fill the Mayor seat vacancy on the City Commission pursuant to Section 4.08(c) of the City Charter. 1 Christian Gowan From: Charles Lacey Sent: Friday, March 12, 2021 8:28 AM To: Christian Gowan Subject: Resignation effective March 22, 2021 TO: City Clerk City of Winter Springs FROM: Charles Lacey, Mayor City of Winter Springs DATE: March 12, 2021 I hereby tender my resignation, effective at 6:00 P.M., March 22, 2021, of the office of the Mayor of the City of Winter Springs. Charles Lacey, Mayor City of Winter Springs Charles Lacey Mayor of Winter Springs • ` P: (407) 327-5956 F: (407) 327-4753 A:1126 East State Road 434 Incorporated Winter Springs, Florida 32708 I959 0000 1 2 RESOLUTION NUMBER 2021-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, OFFICIALLY RECOGNIZING AND DECLARING A VACANCY IN THE OFFICE OF MAYOR PURSUANT TO SECTION 4.08 OF THE CITY CHARTER; PROVIDING DIRECTION REGARDING THE APPOINTMENT PROCESS TO FILL THE VACANCY UNTIL THE NEXT GENERAL ELECTION SCHEDULED FOR NOVEMBER 8, 2022; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: WHEREAS, pursuant to Section 4.09 of the City Charter, the City Commission is the sole judge of the election and qualifications of its members; and WHEREAS, in accordance with Section 4.08 of the City Charter, a vacancy on the City Commission occurs when a Mayor or City Commissioner tenders their resignation while serving on the City Commission; and WHEREAS, the City Commission desires to recognize that on March 12, 2021 Mayor Charles Lacey submitted his resignation by email effective 6:00 p.m. on March 22, 2021; and WHEREAS, in recognition of Mayor Lacey's resignation, the City Commission desires to officially declare the office of Mayor vacant pursuant to Section 4.08 of the City Charter; and WHEREAS, due to the creation of the vacancy, the City Commission intends to exercise its duty to attempt to appoint a duly qualified citizen to fill the vacancy during the next two duly held regular City Commission meetings; and WHEREAS, any person appointed by the City Commission will serve until the next general election which will occur on November 8, 2022, at which time a qualified person will be elected to serve a full four(4) year term as Mayor because the next regular election for the office of Mayor is scheduled to occur on November 8, 2022; and WHEREAS, this Resolution is hereby deemed by the City Commission to be in the best interest of the City of Winter Springs. SECTION 1. Recital. The foregoing recitals are hereby incorporated herein by this reference and are a material part of this Resolution. SECTION 2. Vacancy on the City Commission. (A) Pursuant to Section 4.08 of the City Charter, the City Commission hereby officially recognizes and declares the office of Mayor vacant due to the resignation of Mayor Lacey. Said declaration and vacancy shall be deemed effective on March 22, 2021 at 6:00 p.m. pursuant to this Resolution. 3 (B) Pursuant to Section 4.08 of the City Charter, the City Commission shall exercise its duty to attempt to appoint, by majority vote of the City Commission, a duly qualified citizen to fill the vacancy. The appointment shall be made at either of the next two (2) duly scheduled and held regular City Commission meetings. SECTION 3. Appointment Procedure. The appoint procedure for attempting to fill the aforementioned vacancy shall be as further directed by the City Commission. Any qualified person appointed by the City Commission to fill the vacancy shall serve until the next general election scheduled for November 8, 2022 as provided by the City Charter. SECTION 4. Effective Date. This Resolution shall take effect immediately upon its adoption. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular Meeting duly assembled on the 22nd day of March 2021. TED JOHNSON, Deputy Mayor ATTEST: CHRISTIAN GOWAN, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs, Florida only: ANTHONY A. GARGANESE, City Attorney City of Winter Spring,Florida Resolution Number 2022-02 Page 2 of 2 4