HomeMy WebLinkAbout2004 04 26 Regular 507
042604_ COMM _Regular _507 _Interim_Commissioner
COMMISSION AGENDA
ITEM 507
Consent
Information
Public Hearin
Re ular
x
April 26. 2004
Meeting
MGR.~
/ Dept.
REQUEST: Commissioner McLeod requesting the City Commission to consider nominations and
final approval of an interim Commissioner to fill the position that will be vacated by Commissioner
Edward Martinez, Jr. on May 28,2004.
PURPOSE: This agenda item is needed for the Commission to appoint a replacement to serve the
unexpired term of Commission District Seat "3" currently held by Commissioner Edward Martinez, Jr.
who has announced his resignation effective May 28, 2004.
CONSIDERATIONS:
At the April 12, 2004 Commission Meeting, Commissioner Edward Martinez Jr. announced his
resignation effective May 28, 2004.
The City Charter, Section 4.08(c) provides that the Commission shall appoint a replacement to fill the
unexpired term of Commissioner Martinez by majority vote.
City Code, Section 2-87 also provides that the person appointed shall reside in the City for a period of not
less than one year, live in Commissioner Martinez' District for at least six months, shall file a petition
signed by fifteen (15) registered voters of the City with the City Clerk, must be a registered, qualified
elector, shall file an application with the Clerk designating his or her desire to fill Commissioner
Martinez' seat, and pay a qualifying fee of$150.00.
The Commission may make the appointment after person has completed the requirements, or may make
the appointment subject to the candidate completing the requirements.
RECOMMENDATIONS:
It is recommended that the Commission nominate to fill the unexpired
District 3 Seat of Commissioner Edward Martinez Jr. effective immediately upon Commissioner Martinez
vacating the Office of Commissioner subject to complying with aU requirements
provided in Section 1.01(a) of the City Charter and Section 2-87 of the City Code.
ATTACHMENT:
April 15, 2004 City Attorney Letter to Mayor and Commission
COMMISSION ACTION:
2
t,
BROWN, SALZMAN, WEISS & GARGANESE, P.A.
Attornrys at Law
Usher L. Brown <
Jeffrey P. Buako
Suzanne D'AgrestaO
Anthony A. .GarganeseO
Gary S. Salzmano
John H. Ward <
Jeffrey S. Weiss
Offices in Orlando, Kissimmee,
Cocoa & Viera
Debra S. Babb-Nutcher
Joseph E. Blitch
John U. Biedenharn, Jr.
Lisa M. Fletcher
Douglas Lambert
Katherine Latorre
Michelle A. Reddin
Kimberly F. Whitfield
<Board Certified Civil Trial Lawyer
oBoard Certified Business Litigation Lawyer
oBoard Certified City, County & Local Govemment Law
Erin J. O'Leary
Of Counsel
April 15, 2004
The Honorable Mayor John F. Bush and
Members of the City Commission
1126 East State Road 434
Winter Springs, Florida 32708-6912
Re: Filling Vacancy on City Commission
City of Winter Springs/General File - 1193
Dear Mayor Bush and Members of the City Commission:
. As you know, Commissioner Martinez's announcement during the April 12, 2004
City Commission Meeting that he is resigning as Commissioner of District/Seat 3 will create
a vacancy on the City Commission.
The City's Charter provides in Section 4.08(c) that a vacancy in a commission
member's seat shall be filled until the next regular election for that particular seat by a
majority vote of all its remaining members. In the event the remaining commissioners do
not reach a majority decision with regard to a potential candidate to fill the vacancy, and
are deadlocked in a 2-2 vote, the Mayor shall provide the tie-breaking vote, pursuant to
Section 4.05 of the City Charter.
Please also note that the remaining commissioners must appoint a candidate from
District 3, as Section 4.01 (a) of the City Charter provides that not more than one
commission member shall reside in each of the five commission districts. In addition to
residing in District 3, the candidate for appointment must meet the eligibility requirements
set forth in section 2-87 of the City's Code of Ordinances. A copy of section 2-87 is
225 East Robinson Street, Suite 660 . P.O. Box 2873. Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596. Kissimmee (321) 402-0144. Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net . Email: firm@orlandolaw.net
The Honorable Mayor John F. Bush and
Members of the City Commission
April 15, 2004
Page 2
attached to this letter.
Please. contact my office should you have any questions regarding this process.
AAG/lg
cc: Ron McLemore, City Manager
Andrea Lorenzo-Luaces, City Clerk
Anthony . Garganese
City Attorney
,.
Sec. 2-87. Qualification of candidates.
Each candidate seeking the office of city com-
missioner 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 commis-
sioner or mayor of 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 as
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 office in
municipal elections shall be registered and qual-
ified electors of the city at the time of their
qualifying as a candidate with the city clerk and
shall file an application designating the office for
which he/she is a candidate and pay the qualify-
ing fee provided for in section 2-88. Such applica-
tion shall be filed and the qualifying fee paid
between the first day of September and the fif-
teenth day of September, during which the office
shall be open for qualifying for election.
(Code 1974, ~ 2-34; Ord. No. 494, ~ 2, 8-13-90)
Editor's Dote-Provisions of Ord. No. 494, ~ 2, adopted
Aug. 13, 1990, amended ~ 2-87 to read as herein set out and
were approved by the voters at an eJection held Nov. 6, 1990.