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HomeMy WebLinkAboutOrdinance 2025-15 Charter Referendum re Mayor and Single-Member Districts [NOT ADOPTED]City of Winter Springs Ordinance No. 2025-15 1 ORDINANCE NO. 2025-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; PROVIDING FOR A REFERENDUM AND BALLOT LANGUAGE FOR THE NOVEMBER 3, 2026 GENERAL ELECTION OR AN ELECTION SCHEDULED THEREAFTER; PROPOSING AMENDMENTS TO THE CITY CHARTER TO ELIMINATE THE ELECTED OFFICE OF MAYOR EFFECTIVE AFTER THE 2030 GENERAL ELECTION; PROVIDING FOR THE ANNUAL SELECTION OF A MAYOR AND DEPUTY MAYOR BY THE CITY COMMISSION; ESTABLISHING FIVE SINGLE-MEMBER CITY COMMISSION DISTRICTS ELECTED ONLY BY VOTERS RESIDING IN EACH DISTRICT; PROVIDING FOR CONFORMING AMENDMENTS AND TRANSITIONAL PROVISIONS; PROVIDING FOR A NOTICE OF CITY OF WINTER SPRINGS CHARTER REFERENDUM QUESTION; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is governed by a municipal charter and is granted the authority, under ' 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission finds that the proposed referendum ballot question should be submitted to the City electorate for its consideration and final approval or disapproval; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. SECTION 2. Referendum Election. A referendum election is hereby called and scheduled to be held on the 3rd day of November, 2026, or such other date as may be authorized by law, to determine whether the ballot question appearing in Section 3 hereof shall be approved by a majority of the votes cast in such election in which qualified electors residing in the City shall participate. Each question appearing on the ballot with the referendum question, if any, shall be voted on separately and approved or disapproved based on its own merit. Such referendum election shall be held and conducted in the manner prescribed by law. The places for voting in such referendum election shall be such locations as shall otherwise be established for the general election on November 3, 2026 or such other date as City of Winter Springs Ordinance No. 2025-15 2 may be authorized by law. All duly qualified electors of the City of Winter Springs shall be entitled to participate in said election. SECTION 3. City Charter. (A) Proposed Amendment to the City Charter. It is proposed that the electorate of the City of Winter Springs provide its approval or disapproval of an amendment to the City Charter that would eliminate the elected office of mayor effective after the 2030 general election; providing for the annual selection of a mayor and deputy mayor by the city commission; establishing five single-member city commission districts elected only by voters residing in each district; providing for conforming amendments and transitional provisions. Upon approval by the electorate, the City Charter shall be amended as follows (underlined type indicates additions to the Charter and strikeout type indicated deletions, while “***” indicate text omissions contained in the city charter not affected by the proposed amendment): CITY CHARTER * * * Section 4.01. Composition; qualification of members; and commission districts and elections. (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. (c) District Election. The five (5) commission members shall be elected from single-member districts established pursuant to Section 4.02 of this Charter and elected solely by the voters residing within their respective districts. City of Winter Springs Ordinance No. 2025-15 3 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 city commission 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. *** 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 aAny 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. *** 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. At the first regular meeting each year, the commission shall select from among its members officers who shall hold the titles of mayor and deputy mayor, each serving at the pleasure of the commission. The mayor and deputy mayor shall retain the rights of commissioner and the right to vote on issues before the commission. 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 City of Winter Springs Ordinance No. 2025-15 4 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 or deputy 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. *** 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. *** 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 City of Winter Springs Ordinance No. 2025-15 5 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. *** Section 6.02. City attorney. (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 attorney. The city attorney shall represent the city in legal proceedings and shall perform such duties as provided by this Charter, by the commission, or by law. (b) The city attorney may be removed by a vote of not less than four (4) commission members. *** Section 8.01. The city elections. The regular general city election for electing the mayor and commission members from seats two and four shall coincide with the Florida Gubernatorial election years. The regular general election for electing commission members from seats one, three, and five shall coincide with the United States Presidential election years. The entire electorate shall be entitled to vote in elections for mayor and commission members. *** Section 13.05 Transition to Mayor selected by the Commission; Single-member districts (1) This transition shall not affect the term of any elected official of the City of Winter Springs serving at the time of its passage. The individual elected as mayor on the effective date of this amendment on November 3, 2026 shall exercise all powers and perform all duties of the office as provided in the prior version of this Charter until the expiration of the term for which he or she was elected. (2) Beginning with the general election held in November 2030, the office of mayor shall no longer be elected by the voters but shall instead be selected by the city commission, with the first selection to occur at the first regular or special meeting of the commission at which the commissioners elected in November 2030 are seated. (3) Beginning with the general election held in November 2028, the five (5) commission members shall be elected from single-member districts pursuant to Section 4.01(c) of this Charter. City of Winter Springs Ordinance No. 2025-15 6 (B) Ballot Question. Concurrent with the general election scheduled for November 3, 2026 or as authorized in Section 2 of this Ordinance, the following question shall be placed on the ballot by the Seminole County Supervisor of Elections. Charter Amendment – Transition to Appointed Mayor and Establishment of Single-Member Commission Districts Shall the City Charter be amended to eliminate the elected office of Mayor effective after the 2030 regular election and provide that thereafter the City Commission shall annually appoint from among its members a Mayor and Deputy Mayor; to replace the current at-large election of City Commissioners with five single-member districts, each elected only by voters residing in that district; and to provide for related transition and conforming amendments? _____ YES _____ NO SECTION 4. Coordination with Supervisor of Elections. The City Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of Elections of Seminole County to include the above-described questions on the ballot concurrent with the general election to be held on November 3, 2026 or as authorized in Section 2 of this Ordinance. SECTION 5. Notice of Referendum Election. General notice shall be first published at least thirty (30) days prior to the November 3, 2026 general election or the date that the election is actually held in accordance with Section 2 of this Ordinance. The publication of said notice shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the election is held, in the manner provided in Section 100.342, Florida Statutes, and substantially in the form attached hereto as Exhibit “A” or as otherwise lawfully provided. SECTION 6. Payment of Referendum Expenses. The City Manager is hereby authorized and directed to approve the payment of lawful expenses associated with conducting the City Charter referendum election. SECTION 7. Voter Registration Books. The Supervisor of Elections for Seminole County is hereby authorized and requested to furnish to the inspectors and clerks at each place where the votes are to be cast in such City Charter referendum, applicable portions of the registration books or certified copies thereof showing the names of the qualified electors residing in the City of Winter Springs. SECTION 8. Election Administration. The City Charter referendum shall be held and conducted in the manner prescribed by law and shall be as soon as practicable, be returned and canvassed in the manner prescribed by law. The result shall show the number of qualified electors who voted at such Charter referendum and the number of votes cast respectively for and against City of Winter Springs Ordinance No. 2025-15 7 approval of the City Charter. Upon certification in the manner prescribed by law, the results shall be recorded in the minutes of the City Commission of the City of Winter Springs. SECTION 9. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. SECTION 10. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida; however, the ballot proposal in Section 3 shall only become effective, independent of any other ballot proposal, if a majority of the registered electors of the City of Winter Springs, Florida, who vote at the referendum election required by this Ordinance, approve the specific ballot question set forth in Section 3 of this Ordinance. The City Clerk is directed upon adoption of the revised Charter to promptly file the revised Charter therein with the State of Florida, Department of State, as required by Section 166.031, Florida Statutes, and incorporate the Charter amendment into the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _______ day of __________________________, 2025. ________________________ Kevin McCann, Mayor ATTEST: _________________ Christian Gowan City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only _____________________ Anthony A. Garganese City Attorney First Reading: ____________________ Legal Advertisements: ____________________ Second Reading: _____________________ Effective Date ____________________ City of Winter Springs Ordinance No. 2025-15 8 EXHIBIT A Ordinance No. 2025 -15 NOTICE OF CITY REFERENDUM Pursuant to the provisions of Section 100.342, Florida Statutes, notice is hereby given that a referendum shall be held on November 3, 2026 or such other date as may be authorized by law, where the citizens of Winter Springs will have an opportunity to vote upon the referendum question described in Ordinance 2025-15, adopted by the City Commission of the City of Winter Springs, Florida on the ___ day of _____ 2025. The title of the Ordinance is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; PROVIDING FOR A REFERENDUM AND BALLOT LANGUAGE FOR THE NOVEMBER 3, 2026 GENERAL ELECTION OR AN ELECTION SCHEDULED THEREAFTER; PROPOSING AMENDMENTS TO THE CITY CHARTER TO ELIMINATE THE ELECTED OFFICE OF MAYOR EFFECTIVE AFTER THE 2030 GENERAL ELECTION; PROVIDING FOR THE ANNUAL SELECTION OF A MAYOR AND DEPUTY MAYOR BY THE CITY COMMISSION; ESTABLISHING FIVE SINGLE-MEMBER CITY COMMISSION DISTRICTS ELECTED ONLY BY VOTERS RESIDING IN EACH DISTRICT; PROVIDING FOR CONFORMING AMENDMENTS AND TRANSITIONAL PROVISIONS; PROVIDING FOR A NOTICE OF CITY OF WINTER SPRINGS CHARTER REFERENDUM QUESTION; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. The ballot caption and referendum question is as follows: Charter Amendment – Transition to Appointed Mayor and Establishment of Single- Member Commission Districts Shall the City Charter be amended to eliminate the elected office of Mayor effective after the 2030 regular election and provide that thereafter the City Commission shall annually appoint from among its members a Mayor and Deputy Mayor; to replace the current at-large election of City Commissioners with five single-member districts, each elected only by voters residing in that district; and to provide for related transition and conforming amendments? _____ YES _____ NO