The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 06-2006Meeting Type: Regular Ordinances -1 st Reading FA LGD Meeting Date: 05 -20 -06 AGENDA Heading Ordinances -1 st Reading Item No. 19 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 06 -2006, BALLOT QUESTION CHARTER AMENDMENT TO ARTICLE III, SECTION I, PROVIDING ADDITIONAL GROUNDS AND FORFEITURE OF THE OFFICE OF COUNCIL MEMBER DEPTIDIVISION: LEGISLATIVE Requested Action: City Council consider at first reading Ordinance No. 05 -2006, providing for a referendum election and ballot lan to amend Article III, Section I, of the City's Charter providing for additional grounds for forfeiture of office of City Council. Summary Explanation & Background: City Council requested the city attorney to draft this proposed ordinance and ballot question. Please advise. Exhibits Attached: Ordinance No. 06 -2006 City Mana ffice Department LEGISLATIVE imlmy ocument inlcouncillmee .ing 2006\06 -z0- 06\06- 2006.doc FAILED ORDINANCE NO, 06-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE FOR THE NOVEMBER 7 2006 GENERAL ELECTION TO AMEND ARTICLE III, SECTION I OF THE CITY'S CHARTER PROVIDING FOR ADDITIONAL GROUNDS FOR FORFEITURE OF OFFICE OF CITY COUNCIL; PROVIDING NOTICE, PUBLIC HEARING AND OTHER PROCEDURAL REQUIREMENTS BEFORE A COUNCILMEMBER FORFEITS THEIR OFFICE; PROVIDING THE CITY COUNCIL SHALL BE THE JUDGE OF THE ELECTION, QUALIFICATIONS OF COUNCILMEMBERS, AND GROUNDS FOR FORFEITURE OF OFFICE; SETTING FORTH A BALLOT QUESTION FOR INCLUSION ON THE NOVEMBER 7 2006 GENERAL ELECTION BALLOT; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, Article III, Section 1 of the City of Cape Canaveral City Charter sets forth the qualifications of the Mayor and Councilmembers; and WHEREAS, the City Council has reviewed and considered the most recent 8 1h edition of the Model City Charter published by the National Civic League and has determined that Article III, Section l should be updated to substantially reflect the Model Charter; and WHEREAS, in accordance with the principles enumerated in the Model Charter, the City Council desires to amend Article III, Section 1 of the City Charter to strengthen the City's q ualification requirements to hold public office, to establish the City Council as the judge of such qualifications'. ications, and to set forth the grounds and procedure for the forfeiture of office of the Mayor and City Council Members; and WHEREAS, the City Council hereby finds that it would benefit the citizens of the City of Cape Canaveral to amend Article III, Section 1 of the City Charter in order to set the highest standards for the conduct of the Mayor and members of the City Council; and WHEREAS, the City Council desires to propose the above - referenced amendments to the Ci ty p 's electorate as art of a referendum election to be held concurrent with the next City general election on November 7, 2006; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds that the City of Cape Canaveral ordinance No. 06 -2006 Page l of 5 proposed referendum ballot question should be submitted to the City electorate for its consideration and final approval or disapproval. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. action 2. Referendum Election. A referendum election is hereby called and scheduled to be held concurrent with the general City election on the 7" day of November, 2006, to determine whether the ballot question appearing in Section2 of this Ordinance shall be approved by a majority of the votes cast in such election in which qualified electors residing in the City shall participate. Such referendum election shall be held and conducted in the manner prescribed by law for all elections. The places for voting in such referendum election shall be such locations as shall otherwise be established for the general election to elect City Councilmembers on November 7, 2006. All duly qualified electors of the City of Cape Canaveral shall be entitled to participate in said election. Section 3. Amendment to City Charter Article III. Elected officers, Qualifications and Terms. (a) .Proposed Amendment. It is proposed that Article III, Section I., Qualifications of mayor and councilmembers, of the Charter of the City of Cape Canaveral, Florida shall be amended to read as follows underlined text indicates an addition to the existing text of the City Charter and text indicates a deletion from the existing text of the City Charter): ARTICLE III. ELECTED OFFICERS, QUALIFICATIONS AND TERMS Sec. 1. [qualifications of mayor and councilmembers fudge of qualificati La,Z The Mayor and members of the City Council shall be residents of the City of Cape Canaveral and shall have and possess the qualifications of electors therein. b The Ma or or any member of the City Council shall forfeit that office if the Ma or or council member: City of Cape Canaveral Ordinance No. 06 -2006 Page 2 of 5 (1) Fails to meet the qualification recuirements in subsection Lal (2) any express prohibition of this charter. (3 ) Is convicted of a c� me involving moral Mi,�tude, (4) Fails to attend four consecutive regular meetin of the City Counci or from thI*M p ercent of the ouncil meetings held annuall unless such absence_ shall be excused by a resolution duly adopted by,the Ci Lty Councils (5) Is convicted of an act constituting malfeasance, misfeasance or neglect of duty, or (6) Violates the ethical standards of conduct for publico facers im osed by law. I The City Council shall be the i udge of the election_ and ualifications of its members and of the ounds for forfeiture of their office. In order to exercise these wers the Cily shall have p ower to sub oena witnesses administer oaths and re uire the production of gvidence. A member chg=d with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing before the Cit Council on demand and notice of such hearin shall be published in one or more newsr)apers of general circulation in the City at least on 1 week in advance of the hearing. City of Cape Canaveral Ordinance No. 06 -2006 Page 3 of 5 ■ ■ ■ ■11i Is I tore IV L r ■ r a Ili I W I IL II oi l r rr 111110 1 Nill 4 I LOAN 111 Ilil Ili L01-c-ttatl�L11ij ■ ■ r1 ■ ■ • r 1 ■ r r ■ • ■ ■ ■ ■ 1111 IV I ILIA N r 1i U1 ! • ■ r • ! /! • ■ ■ • FATS1 I L N ■ ILM I I r ■ F1 ■1i! . N ■ ■ r ■ ■ . ■ ■ ■ ■ r ' 0 I The City Council shall be the i udge of the election_ and ualifications of its members and of the ounds for forfeiture of their office. In order to exercise these wers the Cily shall have p ower to sub oena witnesses administer oaths and re uire the production of gvidence. A member chg=d with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing before the Cit Council on demand and notice of such hearin shall be published in one or more newsr)apers of general circulation in the City at least on 1 week in advance of the hearing. City of Cape Canaveral Ordinance No. 06 -2006 Page 3 of 5 (b) Ballot Question. Concurrent with the City general election scheduled for November 7, 2006, the following question shall be placed on the ballot following the placement on the ballot of candidates for the office of City Councilmember, if any. The caption and questions shall be worded substantially as follows: CITY OF CAPE CANAVERAL CHARTER AMENDMENT ARTICLE III, SECTION I, CITY CHARTER Providing additional grounds for forfeiture of the office of councilmember including violating express prohibitions of the charter, being convicted of malfeasance, misfeasance or neglect of duty, and violating ethical standards of conduct for public officers imposed by law; providing notice, public hearing and other procedural requirements before a councilmember forfeits office; and providing the council shall be the judge of the election, qualification of its members, and grounds for forfeiture of their office. Yes, For Amending City Charter No, Against Amending City Charter 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 Brevard County to include the above - described question on the ballot concurrent with the general election to be held on November 7, 2006. 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 Council of the City of Cape Canaveral, Florida. [Signature page follows] City of Cape Canaveral Ordinance No. 06 -2046 Page 4 of 5 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2006. ATTEST: SUSAN STILLS, City Clerk ROCKY RANDELS, Mayor For Against Burt Bruns Bob Hoog Leo Nicholas Rocky Randels Buzz Petsos First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 06-2005 Page 5 of 5