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Home My WebLink About2018 02 26 Regular 501 Resolution 2018-06, Filling Seat 3 Vacancy COMMISSION AGENDA Informational Consent ITEM501 Public Hearings Regular X February 26, 2018KS Regular MeetingCity ManagerDepartment REQUEST: Office of the City Attorney requests the Commission approve Resolution No. 2018-06 declaring a vacancy in City Commission District 3 Seat, and take whatever action the City Commission deems legally necessary to fill the District 3 Seat vacancy on the City Commission pursuant to Section 4.08(c) of the City Charter. SYNOPSIS: Sadly, Commissioner Pam Carroll died suddenly and unexpectedly, and her death creates a vacancy on the City Commission. The City Charter requires the remaining members of the City Commission to attempt to appoint a qualified person to fill the vacancy once the vacancy occurs. Resolution No. 2018-06 officially declares a vacancy on the City Commission. The City Commission must attempt to make an appointment at either of the next two regular City Commission meetings. Any qualified person appointed will only serve until the next general election on November 6, 2018; at which time, the electors of the City of Winter Springs will elect a qualified person to serve the remaining two year balance of the District 3 term which expires immediately after the general election on November 3, 2020. CONSIDERATIONS: 1. Commissioner Pam Carroll unfortunately died suddenly and unexpectedly. 2. The death creates a vacancy in the District 3 City Commission seat. 3. Due to the sudden and unexpected death of Commissioner Carroll, the City Commission should adopt Resolution No. 2018-06 taking official notice of Commissioner Regular 501 PAGE 1 OF 4- February 26, 2018 Carroll’s death and declaring a vacancy has occurred in the District 3 Seat. This approach will allow the City Commission to commence an orderly process to attempt to fill the vacancy by appointment of a qualified person until the general election to be held on November 6, 2018 pursuant to the requirements of the City Charter. 4. Section 4.08(c) of the Winter Springs Charter provides that: 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. 5. Therefore, in accordance with the City Charter, the City Commission has a duty to attempt to appoint, by majority vote, a qualified person to serve as the new District 3 City Commissioner until the next regular election, which is scheduled to be held on November 6, 2018. 6. The current term for the District 3 seat is scheduled to expire immediately after the November 3, 2020 general election. Thus, regardless of whether an appointment is made or not, at the November 6, 2018, Winter Springs’ voters will elect a new District 3 City Commissioner to serve the remaining two (2) years of the current District 3 which will expire immediately after the November 3, 2020 general election. 7. The City Charter sets forth the eligibility requirements to serve on the City Commission: (A) Only qualified voters of the city shall be eligible to hold office of mayor or commissioner. §4.01(b), Winter Springs City Charter. Section 8.02 of the City Charter provides that “\[a\]ll citizens qualified by the constitution and laws of the State of Florida to vote in the city and who satisfy the requirements for registration prescribed by law shall be qualified voters of the city within the meaning of this Charter.” (B) 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. §4.01(b), Winter Springs City Charter. (C) 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. §4.01(b), Winter Springs City Charter. 8. Therefore, given the vacancy is related to District 3, any person appointed to fill the vacancy must meet all of the qualifications for District 3 in order to serve on the City Regular 501 PAGE 2 OF 4- February 26, 2018 Commission. 9. At this time, the City Commission is working under a tight time frame per the City Charter. Generally, the City Commission has the following two options for appointing a duly qualified person to fill the vacancy and serve as a District 3 City Commissioner: A. The City Commission can take a less structured approach and leave it up to each City Commissioner to nominate one or more duly qualified persons for consideration by the City Commission. However, all nominations must occur at either of the next two regular City Commission meetings, or B. The City Commission can take a more structured approach and require that a public notice be published in various places (City Facebook; City Website; City Bulletin Boards; City email blast, etc.) advising interested candidates to file an application for serving in the District 3 seat by __________ P.M., March _____, 2018 (APPLICATION DEADLINE). Candidate application packages that were timely submitted to the Office of the City Clerk will be reviewed to determine whether the person is qualified to serve in Seat 3. Qualified candidate applications will be distributed to the City Commission for consideration prior to the regular thth meeting on the March 12 or 26. \[THE CITY COMMISSION CAN SELECT AN APPLICATION DEADLINE IF THEY WANT TO PURSUE A MORE STRUCTURED APPROACH.\] 10. Regardless of the option chosen, candidates must be qualified. The City Commission may also interview candidates including, if necessary, holding one or more special meetings to consider and interview candidates willing to serve on the City Commission as a Seat 3 Commissioner. However, any special meeting must again occur th prior to the regularly held City Commission meeting on March 26, which is the last regular meeting at which the City Commission can make an appointment by City Charter. 11. Any appointment of a qualified person made by the City Commission to fill the vacancy will be effective immediately upon acceptance by the person and upon the candidate taking the oath of office. APPLICABLE LAW, PUBLIC POLICY, AND EVENTS: Home Rule Powers Section 4.08(c) of the Winter Springs City Charter FISCAL IMPACT: There is no direct fiscal impact related to the City Commission’s consideration of this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and Regular 501 PAGE 3 OF 4- February 26, 2018 the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City’s Website, LaserFiche, and the City’s Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission approve Resolution No. 2018-06 declaring a vacancy in Commission District 3, and take whatever action the City Commission deems legally necessary to fill the District 3 Seat vacancy on the City Commission pursuant to Section 4.08(c) of the City Charter. ATTACHMENTS: Resolution No. 2018-06 Regular 501 PAGE 4 OF 4- February 26, 2018 RESOLUTION NUMBER 2018-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, OFFICIALLY RECOGNIZING AND DECLARING A VACANCY IN THE DISTRICT 3 SEAT ON THE CITY COMMISSION PURSUANT TO SECTION 4.08 OF THE CITY CHARTER; PROVIDING DIRECTION REGARDING THE APPOINTMENT PROCESS TO FILL THE VACANCY UNTIL THE NEXT GENERAL ELECTION SCHEDULED FOR NOVEMBER 6, 2018; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: WHEREAS, pursuant to Section 4.09 of the City Charter, the City Commission is the sole judge of the election and qualifications of its members; and WHEREAS, in accordance with Section 4.08 of the City Charter, a vacancy on the City Commission occurs when a City commissioner dies while serving on the City Commission upon his or her death; and WHEREAS, the City Commission desires to recognize that Commissioner Pam Carroll has unfortunately passed away suddenly and unexpectedly on or about February 12, 2018 while currently serving on the City Commission; and WHEREAS, in recognition of the death of Commissioner Carroll, the City Commission desires to officially declare the District 3 seat on the City Commission vacant pursuant to Section 4.08 of the City Charter; and WHEREAS, due to the creation of the vacancy, the City Commission intends to exercise its duty to attempt to appoint a duly qualified citizen to fill the vacancy during the next two duly held regular City Commission meetings; and WHEREAS, any person appointed by the City Commission will serve until the next general election which will occur on November 6, 2018, at which time a qualified person will be elected to serve the remaining balance of the current District 3 term which will expire immediately after the November 3, 2020 general election; and WHEREAS, this Resolution is hereby deemed by the City Commission to be in the best interest of the City of Winter Springs. SECTION 1. Recital. The foregoing recitals are hereby incorporated herein by this reference and are a material part of this Resolution. SECTION 2. Vacancy on the City Commission. (A) Pursuant to Section 4.08 of the City Charter, the City Commission hereby officially recognizes and declares City Commission District 3 Seat vacant due to the unexpected and sudden death of Commissioner Pam Carroll. Said declaration and vacancy shall be deemed effective on February 26, 2018 pursuant to this Resolution. (B) Pursuant to Section 4.08 of the City Charter, the City Commission shall exercise its duty to attempt to appoint, by majority vote of the remaining commissioners, a duly qualified citizen to fill the vacancy. The appointment shall be made at either of the next two (2) duly scheduled and held regular City Commission meetings. SECTION 3. Appointment Procedure. The appoint procedure for attempting to fill the aforementioned vacancy shall be as further directed by the City Commission. Any qualified person appointed by the City Commission to fill the vacancy shall serve until the next general election scheduled for November 6, 2018 as provided by the City Charter. SECTION 4. Effective Date. This Resolution shall take effect immediately upon its adoption. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular th Meeting duly assembled on the 26 day of February, 2018. __________________________________________ CHARLES LACEY, Mayor ATTEST: _______________________________________ ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs, Florida only: ________________________________________ ANTHONY A. GARGANESE, City Attorney City of Winter Spring, Florida Resolution Number 2018-06 Page 2 of 2