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HomeMy WebLinkAbout2009 04 13 Public Hearing 500 Ordinance 2009-09 Candidates for Municipal Election Electronically File Reports with Seminole County Supervisor of ElectionsCOlNIMISSION AGENDA ITEM 500 April 13, 2009 Meeting REQUEST: ~ ~~~,o`I / ~ Att. / Dept. The City Attorney requests that the City Commission consider on First Reading Ordinance No. 2009-09 which would require that all candidates for municipal election within Winter Springs to electronically file their campaign reports with the Seminole County Supervisor of Elections utilizing the electronic reporting system established by the Supervisor of Elections. PURPOSE: The purpose of Ordinance No. 2009-09 is to require that candidates running for municipal office within Winter Springs to electronically file their campaign reports with the Seminole County Supervisor of Elections in addition to filing an original paper copy with the City's filing officer. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Powers Act. 2. Section 106.07(2)(a)2., Florida Statutes. CONSIDERATIONS: 1. As presented in City Commission Agenda Item 607 on March 23, 2009, the Seminole County Supervisor of Elections has requested that each city within Seminole County require municipal candidates to electronically file campaign treasurer's reports utilizing an electronic reporting system Consent Informational Public Hearing x Regular Page 1 of 2 maintained by his office. 2. On Mazch 23, 2009, the City Commission directed that the City Attorney prepare an ordinance requiring the electronic filing of campaign treasurer's reports with the Supervisor of Elections. 3. Section 106.07(2)(a)2.,Fiorida Statutes, expressly authorizes a municipality to impose additional electronic filing requirements on its own officers and candidates not in conflict with law. 4. The proposed electronic filing requirement shall be deemed supplemental and in addition to the requirements already required by law. The electronic filing deadline will be the same deadline for filing the original paper copy with the City's filing officer. STAFF RECOMMENDATION: The City Commission has the policy making discretion to impose this electronic filing requirement. The City Attorney recommends that the City Commission consider adopting Ordinance 2009-09 in accordance with the policy established by the City Commission. If the Ordinance is passed on First Reading, the Ordinance will be publicly advertised in the newspaper for second and final reading. ATTACHMENT: Ordinance No. 2009-09. COMMISSION ACTION: On March 23, 2009, the City Commission directed that this Ordinance be prepared and presented to the City Commission for adoption. Page 2 of 2 ORDINANCE N0.2009-09 A ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 2, ARTICLE IV OF THE CITY CODE, REQUIRING THAT ALL CANDIDATES IN MUNICIPAL ELECTIONS SUBMIT CAMPAIGN REPORTS ELECTRONICALLY WITH THE SEMINOLE COUNTY SUPERVISOR OF ELECTIONS, BY CREATING A NEW SECTION 2-97 ENTITLED "ELECTRONIC FILING OF CAMPAIGN REPORTS REQUIRED;" PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under section 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Florida Legislature amended section 106.07(2)(a)2., allowing political subdivisions, by ordinance or resolution, to require that all candidates for municipal office file campaign reports electronically; and WHEREAS, the Seminole County Supervisor of Elections has requested that all candidates for municipal office utilize the Online Treasurer Reporting System provided by the County Supervisor of Elections; and WHEREAS, the uniform electronic filing of campaign reports by all candidates for County or Municipal office will facilitate public access to campaign finance information; and WHEREAS, the City Commission desires to create a new section 2-97 of the City Code, entitled "Electronic Filing of Campaign Finance Reports Required"; 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: City of Winter Springs Ordinance No. 2009-09 Page 1 of 3 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. Code Amendment. The City of Winter Springs Code Chapter 2, Article N, Elections, is hereby amended to create a new section 2-97 as follows underlined type indicates additions to the City Code): Sec. 2-97. Electronic filing of campaign finance reports required All candidates for elected office in the City of Winter Springs shall electronically file their campaign treasurer's reports with the office of the Seminole County Supervisor of Elections by utilizing the Supervisor's online cam~pn treasurer reporting system. The electronic filing deadline for a completed campaign report shall be the same as the deadline established by law for filing an on inalpaner copy of the report with the Ci 's filing officer The electronic filing_required by this section shall be deemed supplemental and in addition to Ellin anon ig pal paper copy of the campaign treasurer's report with the Ci 's filing officer Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, aze hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading maybe changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court-of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. City of Winter Springs Ordinance No. 2009-09 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2009. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: April 13, 2409 Second Reading: Effective Date: City of Winter Springs Ordinance No.2009-09 Page 3 of 3