HomeMy WebLinkAbout2010 03 04 WSAHCRC Other Articles VII- VIII Distributed At The End Of Meeting Comparison Worksheets Articles Date: March 4, 2010
The attached document was distributed by City
Attorney Anthony Garganese at the end of the
March 4, 2010 City Winter Springs Ad Hoc
Charter Review Committee Meeting.
-_ CITY of
WINTER SPRINGS
• ,o, p . t O RIDA INC" ORtCOR N.II 1959-
City of Winter Springs
Ad Hoc Charter Review Committee
Comparison Worksheets
Articles VII -VIII
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ARTICLE VII. FINANCIAL PROCEDURE ARTICLE V. FINANCIAL MANAGEMENT
Section 7.01. Fiscal year. The fiscal year of the city shall begin on the first day of Section 5.01. Fiscal Year. The fiscal year shall begin on the first
October and end on the last day of September. day of and end on the last day of
Introduction: This article provides for the development of a comprehensive financial program, allowing maximum flexibility within the boundaries of sound
fiscal practices. The budget and the budget approval process constitute the most visible and important activity undertaken by the government. The annual operating
budget and multi -year capital plan are the products of the translation of disparate and often conflicting community goals and objectives into comprehensive financial
documents. The financial planning process establishes a set of short and long term goals for the community and aids in resolving disagreements that arise in the
execution of the operations of the government.
Commentary. It is strongly recommended that the fiscal year be set so that fiscally sound municipalities will not have to borrow for short terms in anticipation of
taxes except in emergency situations. It is recognized, however, that before changes in the fiscal year can be made consideration must be given to the fiscal
patterns of the other taxing jurisdictions affecting the city. The dates when the state usually pays significant amounts of grants in aid to the municipality should also be
considered in developing an advantageous fiscal calendar.
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ARTICLE VII. FINANCIAL PROCEDURE ARTICLE V. FINANCIAL MANAGEMENT
Section 7.02. Submission of Budget and Budget Message. Section 5.02. Submission of Budget and Budget Message. On or before the day of
On or before the first day of July of each year, the city of each year, the city manager shall submit to the city council a budget for the ensuing
manager shall submit to the commission a budget for the fiscal year and an accompanying message.
ensuing fiscal year and an accompanying message.
Commentary. The specific submission date will depend upon the fiscal year but in any case it is
suggested that it be at least 45 days prior to the beginning of the fiscal year to allow time for
Section 7.03. Contents of budget. Except as required by public input and council deliberation.
law or this Charter, the budget shall provide a complete
financial plan of all city funds and activities for the
Section 5.03. Budget Message. The city managers message shall explain the budget both in
ensuing fiscal year and, except as required by law or this fiscal terms and in terms of the work programs, linking those programs to organizational goals
Charter, shall be in such form as the city manager deems and community priorities. It shall outline the proposed fmancial policies of the city for the
desirable or the commission may require. The budget ensuing fiscal year and the impact of those policies on future years. It shall describe the
shall begin with a clear general summary of its contents; important features of the budget, indicate any major changes from the current year in financial
shall show in detail all estimated income, indicating the policies, expenditures, and revenues together with the reasons for such changes, summarize the
proposed property tax levy, and all proposed city's debt position, including factors affecting the ability to raise resources through debt issues,
expenditures, including debt service, for the ensuing and include such other material as the city manager deems desirable.
fiscal year; and shall be so arranged as to show
comparative figures for actual and estimated income and Commentary. The budget message should clearly present the manager's program for
expenditures of the current fiscal year and actual income
accomplishing the council's goals and priorities for the community for the coming
and expenditures of the preceding fiscal year. It shall p g g p ty g year as
indicate in separate sections: translated into financial terms. Programs of the various city departments should be explained and
the city's debt position summarized. From a careful reading of the budget message, members of
(1) The proposed goals and objectives and the council and citizens should be able to obtain a clear and concise picture of what the manager
expenditures for current operations during the expects to accomplish in the coming year, the estimated cost, sources of revenue and changes in
ensuing fiscal year, detailed for each fund by the city debt.
organizational unit, and program, purpose or
activity, and the method of financing such Section 5.04. Budget. The budget shall provide a complete financial plan of all city funds and
expenditures; activities for the ensuing fiscal year and, except as required by law or this charter, shall be in
such form as the city manager deems desirable or the city council may require for effective
(2) Proposed capital expenditures during the ensuing management and an understanding of the relationship between the budget and the city's strategic
fiscal year, detailed for each fund by organizational goals. The budget shall begin with a clear general summary of its contents; shall show in detail
unit when practicable, and the proposed method of all estimated income, indicating the proposed property tax levy, and all proposed expenditures,
financing each such capital expenditure; and including debt service, for the ensuing fiscal year; and shall be so arranged as to show
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comparative figures for actual and estimated income and expenditures of the current fiscal year
(3) The anticipated income and expense and profit and and actual income and expenditures of the preceding fiscal year. It shall indicate in separate
loss for the ensuing year for each utility or other sections:
enterprise fund operated by the city.
(1) The proposed goals and expenditures for current operations during the ensuing
For any fund, the total of proposed expenditures shall not fiscal year, detailed for each fund by department or by other organization unit,
exceed the total of estimated income plus carried forward and program, purpose or activity, method of financing such "expenditures, and
fund balance, exclusive of reserves. methods to measure outcomes and performance related to the goals;
(2) Proposed longer -term goals and capital expenditures during the ensuing fiscal
year, detailed for each fund by department or by other organization unit when
practicable, the proposed method of financing each such capital expenditure,
and methods to measure outcomes and performance related to the goals; and
(3) The proposed goals, anticipated income and expense, profit and loss for the
ensuing year for each utility or other enterprise fund or internal service fund
operated by the city, and methods to measure outcomes and performance
related to the goals. For any fund, the total of proposed expenditures shall not
exceed the total of estimated income plus carried forward fund balance
exclusive of reserves.
*Commentary Below
Commentary: The budget us the translation of disparate and often conflicting community aspirations into a comprehensive financial document that reflects the
governing body's goals. It is a complete financial plan for all funds and activities that includes both revenues and expenditures. Expenditures for current
operations and capital outlays should be shown separately with the source of financing indicated.
The Model does not provide for a detailed classification of revenues, expenditures, and specific funds because classifications will be developed by ordinance or
administrative order, if they are not established by state agencies concerned with local finance as part of a uniform accounting system. Proposed current
expenditures are to be presented in terms of the work programs of the respective offices, departments and agencies; this approach is the fundamental feature of
program or performance budgeting.
Performance measures used in the budget may include input, output, efficiency, and outcome measures with comparisons over time so as to encourage the
government to benchmark its performance for continuous improvement. A city should strive toward development of outcome measures which reflect actual
impact of a program, service, or project on its citizens. Citizens, council and city staff should work together to undertake performance measurement subject to
the year -to -year needs and demands of the community.
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ARTICLE VII. FINANCIAL ARTICLE V. FINANCIAL MANAGEMENT
PROCEDURE
Section 5.09. Capital Program.
Section 7.04. Capital Program.
(a) Submission to commission. The city manager (a) Submission to City Council. The city manager shall prepare and submit to the city
shall prepare and submit to the commission a current council a multi -year capital program no later than three months before the final date for
and five (5) year capital program no later than the submission of the budget.
final date for submission of the budget.
(b) Contents. The capital program shall include:
(b) Contents. The capital program shall include:
(1) A clear general summary of its contents; 1. A clear general summary of its contents;
2. Identification of the long -term goals of the community;
(2) A list of all capital improvements and 3. A list of all capital improvements and other capital expenditures which are proposed to be
other capital expenditures which are proposed undertaken during the fiscal years next ensuing, with appropriate supporting information as
to be undertaken during the current and five to the necessity for each;
(5) fiscal years next ensuing, with appropriate 4. Cost estimates and recommended time schedules for each improvement or other capital
supporting information as to the necessity for expenditure;
each; 5. Method of financing upon which each capital expenditure is to be reliant;
(3) Cost estimates and recommended time 6. The estimated annual cost of operating and maintaining the facilities to be constructed or
schedules for each improvement or other acquired;
capital expenditure; 7. A commentary on how the plan addresses the sustainability of the community and the region
of which it is a part; and
(4) Method of financing upon which each capital 8. Methods to measure outcomes and performance of the capital plan related to the long -term
expenditure is to be reliant; and goals of the community.
(5) The estimated annual cost of operating and
maintaining the facilities to be constructed The above shall be revised and extended each year with regard to capital improvements
or acquired. still pending or in process of construction or acquisition.
The above shall be revised and extended each year Commentary. The Model's multi -year capital program provisions should compel long -range, goal -
with regard to capital improvements still pending or oriented, regionally sensitive planning of capital improvements. They should also help develop a
in process of construction or acquisition. meaningful relationship between capital and current operating expenditures. Finally, they should
provide adequate time for systematic consideration of capital projects by the council. The Model requires
that the manager submit the capital program three months prior to the final date for submission of the
budget. This gives the council an opportunity to review the proposed projects and their cost and the
methods of finance before the manager submits the annual budget. Actual capital expenditures are
carried each year as the capital outlay section of the current budget. These expenditures may be in the form
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of direct capital outlays from current revenues or debt service payments.
A sixth edition innovation continued in the seventh and eighth editions requires that the capital
program include estimated operating and maintenance costs of proposed capital facilities. This forces
more realistic projections of expenditures, because sometimes the operating cost of a facility will exceed
the amortized annual capital charge. It also discourages neglect of maintenance. ,
Section 5.10. City Council Action on Capital Program.
(a) Notice and Hearing. The city council shall publish the general summary of the capital
program and a notice stating:
1. The times and places where copies of the capital program are
available for inspection by the public, and
2. The time and place, not less than two weeks after such publication, for a public hearing(s) on
the capital program.
(b) Adoption. The city council by resolution shall adopt the capital program with or without
amendment after the public hearing and on or before the day of the month of the
current fiscal year.
Commentary. The capital program's adoption, which must be preceded by required publication,
notice and hearing, means a positive commitment by the council to undertake a scheduled multi -year
capital improvement program. The methods of financing the improvements will be detailed. Bond issues
authorized by either a bond ordinance or by a popular referendum will finance major improvements. Most
projects requiring bond issues will extend over a period of more than one year. Other projects, to be
financed from current income, also may - extend over more than-one year and will normally involve
construction contracts with adequate safeguards for both parties. Still other capital projects may be
completed within a single fiscal period as part of the work program of various city departments. In all
cases, actual disbursements for capital items during a single fiscal year, whether in the form of debt
service or direct outlays, are carried as the capital outlay section of the budget for that year. The
requirement that the capital program each year be submitted well in advance of the budget enables
the council to consider the proposed improvements, the methods for financing them, and the
recommended priorities in sufficient time to make decisions on capital items which will be
subsequently reflected in the budget. The fact that most capital improvement decisions must be
made well in advance of actual disbursements means that the bulk of the capital items in a particular
budget will be the result of decisions made several year earlier. Changes, often of a relatively minor
nature, may be made each year. Because all states regulate borrowing for capital
improvements by general legislation, no article on this subject is included.
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ARTICLE VII. FINANCIAL PROCEDURE ARTICLE V. FINANCIAL MANAGEMENT
Section 7.05. Commission action on budget. Approval of the Section 5.05. City Council Action on Budget.
annual city budget shall be by resolution duly adopted by the
commission, after a public hearing, in accordance with the (a) Notice and Hearing. The city council shall publish the general summary of the
provisions of general law. The annual city budget may be budget and a notice stating:
amended by resolution duly adopted by the commission.
(1) The times and places where copies of the message and budget are available for
inspection by the public, and
(2) The time and place, not less than two weeks after such publication, for a public
hearing(s) on the budget.
(b) Amendment Before Adoption. After the public hearing, the city council may adopt
the budget with or without amendment. In amending the budget, it may add or increase
programs or amounts and may delete or decrease any programs or amounts, except
expenditures required by law or for debt service or for an estimated cash deficit, provided
that no amendment to the budget shall increase the authorized expenditures to an amount
greater than total estimated income.
(c) Adoption. The city council shall adopt the budget on or before the day of the
month of the fiscal year currently ending. If it fails to adopt the budget by this
date, the budget proposed by the city manager shall go into effect.
(d) "Publish" defined. As used in this article, the term "publish" means to print in
the contemporary means of information sharing, which includes but is not limited to,
one or more newspapers of general circulation in the city, and, if available, in a web site.
Commentary. The only restrictions placed on the council with respect to action on the budget
are those governing the adoption procedure, the requirement that certain mandatory expenditures
may not be decreased or deleted, and the requirement that total authorized expenditures may
not exceed the total of estimated income.
No specific date as the deadline for adoption of the budget has been included. Setting a deadline
for adoption does not preclude the earlier completion of action on the budget with ample
time for public hearings and council consideration of the budget, if the manager submits it early
enough.
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When amendments are made following public hearing but before adoption that result in
significant changes in the budget which the public would not have anticipated, the council
should consider holding an additional public hearing to consider the amendments.
The Model promotes a favored course of action for dealing with the failure of the council to
adopt the budget by the prescribed deadline. It recommends that the budget as submitted by the
manager be deemed adopted. Among other possibilities in such a situation are (1) for the
amounts appropriated for operations in the current fiscal year to be deemed adopted; (2) for the
manager's budget to be deemed adopted but with amendments by the council being permitted
during the first month of the new fiscal year; (3) to authorize the council to make temporary
appropriations for a period not to exceed one month, during which time it would presumably
complete adoption of the budget for the remainder of the fiscal year; and (4) to provide that the
budget of the preceding fiscal year should be applicable automatically for the first month of
the ensuing year, with the presumption that action will be completed during that time.
The city is required to publish and make the budget publicly available. In doing this, as with any
publishing, the city should also consider translating the budget into other languages to
communicate better with residents if necessary.
*Commentary Below
Commentary: Although this section equips the manager with the necessary legal authority to discharge administrative responsibilities, the manager's authority
may be limited in some states by provisions of state constitutions or laws. The listing of the manager's powers and duties assumes that the manager will not only
perform managerial duties in the city's operations but will also have a significant role in the development of policy. There are important policy implications in
the manager's duties to prepare and submit the budget; to report on the city's finances, administrative activities, departmental operations and future needs; and to
make recommendations on city affairs. The duty to provide staff support for the mayor and council members includes providing information on policy issues
before the council.
The expended duties listed in items 9, 11 and 13 of the eighth edition reflect the complex responsibilities assigned to managers to make the processes of
governance work in the community. Constructions interactions among the local government, businesses, non - profits, faith -based and special interest
organizations and neighborhood groups define a successful community. In a similar manner, the responsibilities anticipated in item 12 charge the manager with
placing each community in the context of its region and promoting both community can regional interests.
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ARTICLE VII. FINANCIAL PROCEDURE ARTICLE V. FINANCIAL MANAGEMENT.
Section 7.06. Public records. Copies of the budget and the capital program Section 5.12. Public Records. Copies of the budget, capital program,
as adopted shall be public records and shall be made available to the public independent audits, and appropriation and revenue ordinances shall be public records.
at suitable places in the city.
*Commentary below.
Commentary. In addition to compliance with the formal legal requirement that copies of the budget document and capital program be made available, many cities
prepare and widely distribute popular summaries, which provide citizens with essential general information.
9
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WINTER SPRIGS
A,' P. FLORIDA INCORPORATED 195
ARTICLE VII. FINANCIAL ARTICLE V. FINANCIAL MANAGEMENT.
PROCEDURE
Section 5.07. Amendments after Adoption.
Section 7.07. Amendments after adoption.
(a) Supplemental Appropriations. If during or before the fiscal year the city manager certifies that there
(a) Supplemental appropriations. If during are available for appropriation revenues in excess of those estimated in the budget, the city council by
the fiscal year the city manager certifies that ordinance may make supplemental appropriations for the year up to the amount of such excess.
there are available for appropriation revenues in
excess of those estimated in the budget, the (b) Emergency Appropriations. To address a public emergency affecting life, health, property or the
commission by ordinance may make public peace, the city council may make emergency appropriations. Such appropriations may be made by
supplemental appropriations for the year up to emergency ordinance in accordance with the provisions of § 2.14. To the extent that there are no available
the amount of such excess. unappropriated revenues or a sufficient fund balance to meet such appropriations, the council may by such
emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time,
(b) Emergency appropriations. To meet a but the emergency notes and renewals of any fiscal year shall be paid or refinanced as long -term debt not
public emergency affecting life, health, property, later than the last day of the fiscal year next succeeding that in which the emergency appropriation was
or the public peace the commission may make made.
emergency appropriations. To the extent that
there are no available unappropriated revenues (c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the city
to meet such appropriations, the commission manager that the revenues or fund balances available will be insufficient to finance the expenditures for
may by such emergency ordinance authorize the which appropriations have been authorized, the manager shall report to the city council without delay,
issuance of emergency notes and renewals of indicating the estimated amount of the deficit, any remedial action taken by the manager and
any fiscal year shall be paid not later than the recommendations as to any other steps to be taken. The council shall then take such further action as it
last day of the fiscal year succeeding that in deems necessary to prevent or reduce any deficit and for that purpose it may by ordinance reduce or
which the emergency appropriation was made.
eliminate one or more appropriations.
(c) Reduction of appropriations. If at
anytime during the fiscal year it appears (d) Transfer of Appropriations. At any time during or before the fiscal year, the city council may by
probable to the city manager that the revenues resolution transfer part or all of the unencumbered appropriation balance from one department, fund,
available will be service, strategy or organizational unit to the appropriation for other departments or organizational units or
insufficient to meet the amount appropriated, he a new appropriation. The manager may transfer funds among programs within a department, fund, service,
shall report to the commission without delay, strategy or organizational unit and shall report such transfers to the council in writing in a timely manner.
indicating the estimated amount of the deficit,
and the remedial action by h and his (e) Limitation; Effective Date. No appropriation for debt service may be reduced or transferred, except to
recommendations as to any other steps to be the extent that the debt is refinanced and less debt service is required, and no appropriation may be reduced
taken. The commission shall then take such below any amount required by law to be appropriated or by more than the amount of the unencumbered
further action as it deems necessary to prevent or balance thereof. The supplemental and emergency appropriations and reduction or transfer of
minimize any deficit and for that purpose it may appropriations authorized by this section may be made effective immediately upon adoption.
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by ordinance reduce one or more appropriations.
Commentary. Supplemental appropriations, which can be the bane of any good budget procedure, are
(d) Transfer of appropriations. At any time restricted to situations in which the manager certifies to council the availability of money in excess of the
during the fiscal year the city manager may total revenues estimated in the budget. Another possibility for use of such "windfall" sums is to require
transfer part or all of any unencumbered their use in the succeeding year's budget as revenue, which would have the effect of reducing the tax levy.
appropriation balance among programs within a Supplemental appropriations may be made only by ordinance and all the provisions regarding publication,
department, office or agency, and, upon written notice of hearing, etc., applicable to other ordinances must be followed. Emergency appropriations may be
request by the city manager, the commission may budgeted in accordance with the procedure for emergency ordinances. Provision is made for reduction of
by ordinance transfer part or all of any appropriations when the manager believes available revenues will not cover appropriations and a deficit is
unencumbered appropriation balance from one likely. The primary responsibility is clearly the manager's but it is his or her duty to inform the council and
department, office or agency to another. then implement any ordinances or resolutions the council may enact. With appropriations being made "by"
(e) Limitations; effective date. No departments, funds, services, strategies and major organizational units and not by objects, the manager has
appropriation for debt s may be reduced or the freedom to make transfers from unencumbered balances within departments of units but must notify the
transferred, and no debt service er appropriation may be reduced council of transfers. When an unencumbered balance exists in one department or unit, all or part of it may
below any amounts required by law to he be transferred to the appropriation of another department or unit by council resolution.
appropriated or by more than the amount of the Section 5.08. Administration and Fiduciary Oversight of the Budget. The city council shall provide by
unencumbered balance thereof. The supplemental ordinance the procedures for administration and fiduciary oversight of the budget.
and emergency appropriations and reduction or
transfer of appropriations authorized by this Commentary. The council will by ordinance establish the procedures and controls for implementation of
section may be made effective immediately upon the budget. The council is entrusted with the fiduciary responsibility for the city and as such must provide
adoption. review and oversight of the budget. The city manager administers the budget and manages the work
programs and spending by departments within the policy goals and appropriations set by the council.
Proposed work programs and requested allotments should be submitted to the manager by department
heads following adoption of the budget. The manager should review the programs and allot portions of the
total appropriation based upon the work expected to be performed during a particular period of time,
usually three months. As chief administrator, the manager must have the authority to revise the allotments
at any time during the year and for any reason.
Section 5.06. Appropriation and Revenue Ordinances. To implement the adopted budget, the city
council shall adopt, prior to the beginning of the fiscal year:
(a) an appropriation ordinance making appropriations by department, fund, service, strategy
or other organizational unit and authorizing an allocation for each program or activity;
(b) a tax levy ordinance authorizing the property tax levy or levies and setting the tax rate or
rates; and
(c) any other ordinances required to authorize new revenues or to amend the rates or other
features of existing taxes or other revenue sources.
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FLO RID.A INC 0RPO RAT 1,D 1959
Commentary. The previous edition of the Model in the adoption subsection provided: "Adoption of the
budget shall constitute appropriations of amounts specified therein as expenditures from the funds
indicated and shall constitute a levy of the property tax therein proposed." It took note that some states
required that appropriations and the tax levy be by ordinance. Alternative language to cover that
requirement was included. This edition specifically calls for appropriation ordinances and revenue
ordinances and that appropriations be by department, fund, service, strategy or major organizational unit
within each fund. The appropriations for each department or unit would not be broken down in the same
detail as the budget. There would be a property tax levy ordinance and other revenue ordinances
authorizing revenues from non - property taxes.
Section 4.12. Independent audits. The Section 5.11 independent Audit. The city council shall provide for an independent annual audit of all
commission shall provide for an independent city accounts and may provide for more frequent audits as it deems necessary. An independent certified
audit of all city accounts and may provide for public accountant or firm of such accountants shall make such audits. Such audits should be performed in
such more frequent audits as it deems necessary. accordance with Generally Accepted Auditing Standards (GAAS) and Generally Accepted Governmental
Such audits shall be made by a certified public Auditing Standards (GAGAS).
accountant or firm of accountants who have no
personal interest, direct or indirect in the fiscal The Council shall designate no fewer than three of its members to serve as an Audit Committee. This
affairs of the city government or any of its Committee shall:
officers. The commission may designate such
accountant or firm annually or for a period not 1. Lead the process of selecting an independent auditor;
exceeding three (3) years provided that the
designation for any particular fiscal year shall be
2. Direct the work of the independent auditor as to the scope of the annual audit and any matters of
made no later than six (6) months after the concern with respect to internal controls; and
beginning of such fiscal year. If the state makes
such an audit the commission may accept it as 3. Receive the report of the internal auditor and present that report to the council with any
satisfying the requirement of this section. recommendations from the Committee.
The council shall, using competitive bidding, designate such accountant or firm annually, or for a period
not exceeding five years, but the designation for any particular fiscal year shall be made no later than 30
days after the beginning of such fiscal year. The standard for independence is that the auditor must be
capable of exercising objective and impartial judgment on all issues encompassed within the audit
engagement. No accountant or firm may provide any other services to the city during the time it is retained
to provide independent audits to the city. The city council may waive this requirement by a majority vote at
a public hearing. If the state makes such an audit, the council may accept it as satisfying the requirements
of this section.
12
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ARTICLE VIII. NOMINATIONS AND ELECTIONS ARTICLE VI. ELECTIONS.
Section 8.01. The city elections. The regular general city election Section 6.01. City Elections.
for electing the mayor and commission members from seats two and
four shall coincide with the Florida Gubernatorial election years. The (a) Regular Elections. The regular city election shall be held [at the time
regular general election for electing commission members from seats established by state law] on the first [day of week], in [fall or spring month of odd
one, three, and five shall coincide with the United States Presidential or even- numbered year], and every 2 years thereafter.
election years. The entire electorate shall be entitled to vote in
elections for mayor and commission members. (b) Registered Voter Defined. All citizens legally registered under the
constitution and laws of the state of to vote in the city shall be registered
Section 8.02. Qualified voters. All citizens qualified by the voters of the city within the meaning of this charter.
constitution and laws of the State of Florida to vote in the city and
who satisfy the requirements for registration prescribed by law shall (c) Conduct of Elections. The provisions of the general election laws of the
be qualified voters of the city within the meaning of this Charter. state of shall apply to elections held under this charter. All elections
provided for by the charter shall be conducted by the election authorities established by
Section 8.03. Election procedures. The city commission, by law. Candidates shall run for office without party designation. For the conduct of city
ordinance, shall adopt such election procedures as are necessary. elections, for the prevention of fraud in such elections and for the recount of ballots in
cases of doubt or fraud, the city council shall adopt ordinances consistent with law
Section 8.04. Non Partisan Elections. Municipal elections shall be and this charter, and the election authorities may adopt further regulations
nonpartisan and all officers shall be elected without reference to their consistent with law and this charter and the ordinances of the council. Such ordinances
political faith or party affiliations. and regulations pertaining to elections shall be publicized in the manner of city ordinances
generally.
(d) Proportional Representation. The council may be elected by
• proportional representation by the method of the single transferable vote.
(e) Beginning of term. The terms of council members shall begin the day of
after their election.
Commentary. (a -c) Although most states regulate local elections entirely or to a very substantial extent by state statutes, a local charter may provide certain
variations. For example, home rule charters may provide for nonpartisan local elections as provided in this section. Traditionally, the Model has advocated
separating municipal elections from state and national elections to allow a clear focus on local issues. State election laws and city charters frequently schedule municipal
elections in the fall of odd - numbered years or in the spring of the year. However, recent evidence suggests that turnout is higher during state and national elections.
Some now advocate moving local elections to coincide with state and national elections to increase participation in local races. The Committee that
developed this Model recognized the trade -off involved with each choice and decided not to express a preference. If permissible under the state election laws, such
timing should be specified in the charter.
13
4 ,014Test 4,
0 4 S CITY ' OF
�3
�ERS SPRINGS
�"Lcswecv I LORI DA INCOIU»OttA1 ED 1959
(d) As in the sixth and seventh editions, the eighth edition includes proportional representation (PR) via the single transferable vote method as an alternative means for
electing the council. Until 1964 (when the sixth edition of the Model City Charter was published), the Model recommended the Hare system (also known as
preference voting, choice voting, and the single transferable vote system) of PR as the preferred method of electing city councils. It had been used in 22
American cities but by the early 1960s had been discarded in all but Cambridge, Massachusetts, where it is still used to elect the city council and school committee.
The Republic of Ireland also uses it to elect members of the House of Parliament. Unquestionably, PR provides the greatest equity in representing all sectors of the
community. However, the relative complexity of PR when using antiquated voting procedures and the long and expensive process of counting ballots by hand
concerned some voters where it was used and prevented it from becoming a widespread reform measure. There is renewed interest in PR because of its potential to
assure representation, of minority populations and because technological developments now allow a computerized voting and counting system, thus eliminating the
major objection to PR
The single transferable vote method allows voters to rank candidates in a multi- member district by preference. The method depends on creation of a winning
threshold —a share of votes that each council member must receive to be elected. Election officials determine the threshold after all votes are counted„ using a formula
to determine the fewest number of votes that only the winning number of candidates can receive. In Cambridge, for example, officials divide the total number of valid
ballots cast by the number of positions to be elected plus one. Under this approach, in an election for nine council seats where voters cast 15,000 valid ballots, the
winning threshold is 1,501, or 15,000 divided by ten, plus one. Ten candidates theoretically could receive 1,500 votes, but only nine can obtain 1,501. Once a
particular candidate receives the designated threshold of first choices, ballot counters redistribute any surplus votes for that candidate to another candidate based upon the
voter's preferential ranking. Cambridge redistributes some ballots at full 'value, but modern technology now allows a more precise redistribution of the calculated
share of every ballot at an equally reduced value.
After all surplus votes are redistributed, the weakest candidate is eliminated, and ballots from that candidate are counted for the next choice candidate on those voters'
ballots. This process of redistributing votes from winning candidates and weak candidates continues until the necessary number of candidates have reached the
threshold, or only nine candidates remain. In Cambridge, this has consistently led to ninety percent of voters helping to elect a candidate, more than sixty-five
percent of voters having their first choice candidate win, and more than ninety-five percent of voters seeing one of their top three choices win.
The PR alternative assumes that the mayor will be elected by and from the council and thus calls for an odd - number of council members. If PR is used in conjunction
with a separately elected mayor who serves on the council, there should be an even number of council members elected by PR. When considering the PR
alternative, charter reviewers may also wish to investigate semi - proportional representation systems —the limited vote and cumulative vote —which have been
adopted in more than 75 localities since 1985 to settle voting rights cases, including in Peoria (EL), Amarillo (TX), and Chilton County (AL). While more uneven in
their results than PR, these systems increase minorities' access to representation and may boost turnout. More information about the mechanics of PR can be
obtained from the Center for Voting and Democracy, www.fairvote.org.
Another relatively new voting procedure that incorporates the transferable vote method is the instant runoff. It can be used in single member districts or single office
elections, such as the mayor's office. Instant runoff voting eliminates the need for costly runoff elections and the typical drop -off in turnout in runoffs. Voters rank
candidates for a single office; if no candidate wins a majority of votes, election officials remove the candidate with the fewest first -place votes and redistribute those votes
to other candidates based upon their second -place designations until one candidate achieves a majority. This ensures that a vote cast for a voter's favorite candidate does
not potentially contribute to the election of that voter's least favorite candidate. It also, means that the victor has a credible claim of majority support without recourse
to a runoff. In 2002, San Francisco became the first major U.S. city to adopt instant runoff voting to elect its mayor, board of supervisors, district attorney, city
attorney, treasurer, sheriff; assessor- recorder and public defender. The disadvantage is that voters may have difficulty sorting out the candidates in a large field of
contenders and cannot rely on the runoff campaign to learn in more detail how the two remaining contenders differ in their characteristics and positions.
14
C I A CITY OF
SPRINGS
f ban 7 41
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ss.;" �"s'� e e ; . �^1 1.471.7 �,�4 .� _ �
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v y-
ARTICLE VIII. ARTICLE VI. ELECTIONS.
NOMINATIONS AND
ELECTIONS Section 6.02. Council Districts; Adjustment of Districts (for use with Alternatives II, 111 and IV of § 6.03).
*Refer also to comparison (a) Number of Districts. There shall be city council districts.
worksheets for Articles I -IV
specifically § 4.01 through § 4.03. (b) Districting Commission; Composition; Appointment; Terms; Vacancies; Compensation.
1. There shall be a districting commission consisting of five members. No more than two commission members may
belong to the same political party. The city council shall appoint four members. These four members shall, with the
affirmative vote of at least three, choose the fifth member who shall be chairman.
2. No member of the commission shall be employed by the city or hold any other elected or appointed position in the
city.
3. The city council shall appoint the commission no later than one year and five months before the first general election
of the city council after each federal decennial census. The commission s term shall end upon adoption of a
districting plan, as set forth in § 6.02(c).
4. In the event of a vacancy on the commission by death, resignation or otherwise, the city council shall appoint a new
member enrolled in the same political party from which his or her predecessor was selected to serve the balance of
the term remaining.
5. No member of the districting commission shall be removed from office by the city council except for cause and
upon notice and hearing.
6. The members of the commission shall serve without compensation except that each member shall be allowed actual
and necessary expenses to be audited in the same manner as other city charges.
7. The commission may hire or contract for necessary staff assistance and may require agencies of city government to
provide technical assistance. The commission shall have a budget as provided by the city council.
(c) Powers and Duties of the Commission; Hearings, Submissions and Approval of Plan.
15
t° crry OF
t 4'44- 61 - WINTER SPRNGS
FL 1NC RPOIt ''M I959
I. Following each decennial census, the commission shall consult the city council and shall prepare a plan for
dividing the city into districts for the election of council members. In preparing the plan, the commission shall be
guided by the criteria set forth in § 6.02(d). The report on the plan shall include a map and description of districts
recommended.
2. The commission shall hold one or more public hearings not less than one month before it submits the plan to the
city council. The commission shall make its plan available to the public for inspection and comment not less
than one month before its public hearing.
3. The commission shall submit its plan to the city council not less than one year before the first general election of
the city council after each decennial census.
4. The plan shall be deemed adopted by the city council unless disapproved within three weeks by the vote of the
majority of all members of the city council. If the city council fails to adopt the plan, it shall return the plan to
the commission with its objections and with the objections of individual members of the council.
5. Upon rejection of its plan, the commission shall prepare a revised plan and shall submit such revised plan to the
city council no later than nine months before the first general election of the city council after the decennial
census. Such revised plan shall be deemed adopted by the city council unless disapproved within two weeks by
the vote of two- thirds of all of the members of the city council and unless, by a vote of two -thirds of all of its
members, the city council votes to file a petition in the Court, County, for a determination
that the plan fails to meet the requirements of this charter. The city council shall file its petition no later than
ten days after its disapproval of the plan. Upon a final determination upon appeal, if any, that the plan meets the
requirements of this charter, the plan shall be deemed adopted by the city council and the commission shall
deliver the plan to the city clerk. The plan delivered to the city clerk shall include a map and description of the
districts.
6. If in any year population figures are not available at least one year and five months before the first general
election following the decennial census, the city council may, by local law, shorten the time periods provided for
districting commission action in paragraphs (2), (3), (4), and (5) of this subsection.
(d) Districting Plan; Criteria. In preparation of its plan for dividing the city into districts for the election of council
members, the commission shall apply the following criteria which, to the extent practicable, shall be applied and given
priority in the order in which they are herein set forth.
1. Districts shall be equal in population except where deviations from equality result from the application of the
provisions hereinafter set forth, but no such deviation may exceed five percent of the average population for all
city council districts according to the figures available from the most recent census.
2. Districts shall consist of contiguous territory; but land areas separated by waterways shall not be included in the
16
1 CITY OF
WIN'IER P[
FLOR.IVVA I tsICORPORATl D 1`t
— same district unless said waterways are traversed by highway bridges, tunnels or regularly scheduled ferry
services both termini of which are within the district, except that, population permitting, islands not connected to
the mainland or to other islands by bridge, tunnel or regular ferry services shall be included in the same district
as the nearest land area within the city and, where such subdivisions exist, within the same ward or equivalent
subdivision as described in paragraph (5) below.
3. In cities whose territory encompasses more than one county or portions of more than one county, the number of
districts, which include territory in more than one county, shall be as small as possible.
4. In the establishment of districts within cities whose territory is divided into wards or equivalent subdivisions
whose boundaries have remained substantially unaltered for at least fifteen years, the number of such wards
or equivalent subdivisions whose territory is divided among more than one district shall be as small as possible.
5. Consistent with the foregoing provisions, the aggregate length of all district boundaries shall be as short as
possible.
(e) Effect of Enactment. The new city council districts and boundaries as of the date of enactment shall supersede
previous council districts and boundaries for all purposes of the next regular city election, including nominations. The
new districts and boundaries shall supersede previous districts and boundaries for all other purposes as of the date on
which all council members elected at that regular city election take office.
Commentary. With three of the five alternatives provided for the election of the city council involving districts, the
provision for drawing and redrawing district lines assumes particular importance. The process of drawing districts
described in this edition and in the seventh edition differs from that of earlier editions, in response to the Voting Rights
Act and related court decisions. Rather than a two -part process with an advisory commission recommending a plan,
followed by city council passage of a plan (which might or might not resemble that of the advisory commission), the
Model provides for a more direct process - redistricting by an independent commission. The lead time for redistricting
should provide sufficient time to resolve some of the increasing number of local government redistricting suits and allow
sufficient time to comply with the requirements of § 5 of the Voting Rights Act if applicable. In addition, the Model
provides for ordered, specific criteria for redistricting based on population rather than the "qualified voter" standard of the
sixth edition.
The Model provides for a bipartisan commission. Even cities with nonpartisan elections may have problems with political
parties (either local or national) wanting to dominate the process to achieve advantage. To facilitate the commission's
ability to work together despite partisan differences, the Model recommends that the four council appointees (and
mandates that at least three of the four) agree on the choice of chairman.
Once the bipartisan commission submits its plan to the city council, the council can neither approve nor veto the result.
This avoids the conflict of interest created when council members consider new districts whose lines may materially
affect their political futures. The council may, however, prevent implementation of the plan if it finds the plan in violation
17
r ,ittirear
4 CITY OF
j SPRNGS
��
A « Sa FLORIDA l NCOI POlt f D l 459
—
of the charter and files with the courts for such a determination.
Subsection (d) lists the criteria that the commission must abide by when it draws the new districts. The criteria are
designed to preclude gerrymandering that either protects or punishes incumbents or that prevents particular voting groups
from gaining power. With the proper ordered criteria, the redistricting process is less open to manipulation. Flagrant
gerrymandering will be almost impossible without a clear violation of the mandated criteria. The criteria concerning
waterways and islands should be included in charters where appropriate. The exact terminology for election
administration subdivisions (e.g., wards or equivalent subdivisions) should be adjusted to conform to state law.
Depending on the jurisdiction, wards and districts sometimes have the same meaning and sometimes have different
meanings.
Some cities prefer that the city council perform redistricting. This may stem from a belief that the redistricting process
essentially involves a series of political decisions, and that attempts to separate the process from the politics is futile and
foolish. Or, where the city council has historically performed this function without causing unrest, such a preference may
derive from the sense that there is no need for change. When a city opts for redistricting by the city council, the following
provisions should be substituted in § 6.02(b) and (c) and a new § 6.02(d) be added as follows:
(b) Council to Redistrict. Following each decennial census, the city council shall, by ordinance, adjust
the boundaries of the city council districts using the criteria set forth in § 6.02(e).
(c) Procedures.
(1) The city council shall hold one or more public hearings prior to bringing any proposed
plan to a vote. Proposed plans must be available to the public for inspection and comment not
less than one month before the first public hearing on said plan. The plan shall include a map
and description of the districts recommended.
(2) The city council shall approve a districting plan no later than 10 months (300 days)
prior to the first regular city election following the decennial census.
(d) Failure to Enact Ordinance. If the city council fails to enact a redistricting plan within the required
time, the city attorney shall, the following business day, inform the Court, County,
and ask that a special master be appointed to do the redistricting. The special master shall, within sixty
days, provide the Court with a plan drawn in accordance with the criteria set forth in § 6.02(e). That plan
shall have the force of law unless the court finds it does not comply with said criteria. The court shall
cause an approved plan to go into effect no later than 210 days prior to the first regular city election after
the decennial census. The city shall be liable for all reasonable costs incurred by the special master in
preparing the plan for the court.
Subsections 6.03(d) and (e) of the Model should be retained, relettered (e) and (f), respectively, and the words "city
18
1, CITY Of
Afr WIN/I SPRINGS
FLORIDA .INC'C3I I'ORA "l i 1959
9 -
council" substituted for "commission."
Subsection 6.03(d) of the substitute language (Failure to Enact Ordinance) gives incentive for the council to complete
redistricting on time. Failure to redistrict will not result in another election using the old districts, as earlier editions
provided. Even the most divided of city councils would probably prefer to compromise than 'have a special master
redistrict for them —and few would want to explain the additional cost of paying someone else to draw up a plan that
probably would not improve upon their own compromise.
Section 6.03. Methods of Electing Council Members. The text in this section complements the information on the
composition of the council found in Article II, § 2.02(c).
Alternative I - Option A - Council Elected At Large; Mayor Elected By the Council
At the first election under this charter council members shall be elected; the
[one -half plus one] candidates receiving the greatest number of votes shall serve for terms of four years, and the _
[remainder of the council] candidates receiving the next greatest number of votes shall serve for terms of two years.
Commencing at the next regular election and at all subsequent elections, all council members shall be elected for four -
year terms.
Alternative I - Option B - Council Elected At Large; Mayor Elected Separately
At the first election under this charter council members shall be elected; the [one -half
the number of council members] candidates receiving the greatest number of votes shall serve for terms of four years, and
the [one -half the number of council members] candidates
receiving the next greatest number of votes shall serve for terms of two years. Commencing at the next regular election
and at all subsequent elections, all council members shall be elected for four -year terms.
Alternative II - Option A - Council Elected At Large with District Residency Requirement; Mayor Elected By the
Council
At the first election under this charter council members shall be elected; the [one -half plus
one] candidates receiving the greatest number of votes shall serve for terms of four years, and the [remainder of
the council] candidates receiving the next greatest number of votes s_hall serve for terms of two years. Commencing at
the next regular election and at all subsequent elections, all council members shall be elected for four -year terms.
Alternative II - Option B - Council Elected At Large with District Residency Requirement; Mayor Elected
Separately
At the first election under this charter council members shall be elected; the [one -half the
number of council members] candidates receiving the greatest number of votes shall serve for terms of four years, and the
19
r
I A CITY OF
;.0 ) IVIN'TERSPRINGS
lE 1 ORtf\ It ' RI'OR FLO 4959
[one -half the number of council members] candidates
receiving the next greatest number of votes shall" serve for terms of two years. Commencing at the next regular election
and at all subsequent elections, all council members shall serve for terms of four years.
Alternative III - Option A Mixed At - Large and Single Member District System; Mayor Elected by the Council
At the first election under this charter council members shall be elected; all district candidates and
the at -large candidates receiving the greatest number of votes shall serve for terms of four years, and the at -large
candidates receiving the next greatest number of votes shall serve for terms of two years. Commencing at the next regular
election and at all subsequent elections, all council members shall be elected for four -year terms.
Alternative III - Option B - Mixed At - Large and Single Member District System; Mayor Elected Separately
At the first election under this charter council members shall be elected; all district candidates and
the at -large candidates receiving the greatest number of votes
shall serve for terms of four years, and the at -large candidates receiving the next greatest number of
votes shall serve for terms of two years. Commencing at the next regular election and at all subsequent elections, all
council members shall be elected for four -year terms.
Alternative IV - Single Member District System
At the first election under this charter council members shall be elected; council members from
odd - numbered districts shall serve for terms of two years, and council members from even - numbered districts shall serve
for terms of four years. Commencing at the next regular election and at all subsequent elections, all council members shall
serve for terms of four years.
Commentary. The single- member district system should be used only where the mayor is elected at large as provided in
Alternative II of § 2.03.
** *SECTION 6.04 of the MODEL CITY CHARTER, "INITIATIVE, CITIZEN REFERENDUM AND
RECALL," HAS BEEN OMITTED FROM THIS WEEK'S WORKSHEETS AND WILL BE INCLUDED IN
THE WORKSHEETS DISTRIBUTED AT THE NEXT MEETING ADDRESSING ARTICLE LX, "INITIATIVE
AND REFERENDUM" OF THE CURRENT CITY CHARTER. * **
20
4N,fi
041 ) 46 CITY OF
VkiThi4ITER SPRINGS
v�c�r FLOI 1 ' INC ORRPOL t TED J959'
9 s
Notes:
21
Po •
‘1471Erk
44
\ CITY OF
WThsiTTER. SPRINGS
* 1"9 FLORIDA INCORPOII I 959
Notes:
22
•
a�. GS
P OIUIMy IN C.3RP :t C � t�
Notes:
23
44 4,4tteirsi*,
Prei.4 CITY OF
u .
WINTER SPRINGS
* • .
, FLORIDA ItNICORPOlt.A TFD.:195*t.
OR t. •- • • ••• - • •
Notes:
24