Fort Walton Beach Council agenda — 09-16-08 workshop agenda — reading text

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 the number of such wards or substantially unaltered for at least fifteen years, 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, V. 44 I prevent implementation of the plan if it finds the plan in violation 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. 45 Subsections 6. 03( d) and ( e) of the Model should be retained, relettered ( e) and ( f),respectively, and the words " city 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 a. four -year terms. y 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 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. s 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 [ 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.