Fort Walton Beach Ordinance — 2197--Ballot Question #3 Chrt Amend-Council Meetings & Discipline — reading text

READINGTDATE 1st tllf gjaau 2nd Il l aoas ORDINANCE 2197 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING SECTIONS 6, 8, AND 9 OF THE CITY CHARTER; PROVIDING FOR A REFERENDUM ON THE CHARTER AMENDMENT; PROVIDING FOR A BALLOT QUESTION; PROVIDING FOR A VOTE AT THE MARCH 10, 2026 ELECTION ON WHETHER TO AMEND SECTIONS 6, 8, AND 9 OF THE CITY CHARTER TO CLARIFY THAT COUNCIL MEETING SCHEDULES ARE SET BY RESOLUTION AND TO STRENGTHEN CERTAIN DISCIPLINARY PROVISIONS FOR COUNCILMEMBERS; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING FOR CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE. SECTION 1. AUTHORITY. The authority for enactment of this Ordinance is Section 166. 031, Florida Statutes. SECTION 2. FINDINGS OF FACT. WHEREAS, Florida Statutes Section 166. 031( 1) provides, in part, that "[ t] he governing body of a municipality may, by ordinance... submit to the electors of said municipality a proposed amendment to its charter, which amendment may be to any part or to all of said charter except that part describing the boundaries of such municipality"; and, WHEREAS, the City Council has proposed an amendment to amend sections 6, 8, and 9 of the City Charter to clarify that Council meeting schedules are set by resolution and strengthen disciplinary provisions for Councilmembers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 3. RECITALS ADOPTED. The foregoing " Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this ordinance upon adoption hereof. SECTION 4. CHARTER AMENDMENT. For purposes of interpreting the revisions, text that is underlined is an addition to the existing text of the City Charter and text that is struck through is a deletion from the existing text of the City Charter. UPDATE CITY CHARTER REGARDING COUNCIL MEETING GOVERNANCE AND ATTENDANCE. If approved, this amendment clarifies that Council meeting schedules are set by resolution and strengthens the disciplinary provisions for Councilmembers. Section 6. Regular and special meetings of council. On the first day of July, 1956 At the first regular council meeting in April of each year in which there are elections of councilmembers, or at a special meeting of the council, and the council shall meet in the council chamber of the city hall, and the newly elected members shall assume the duties of office. Thereafter the council shall meet at such times as may be prescribed by resolution. Special meetings shall be called by the clerk upon written request of the mayor, city manager or three members of the council. Any such notice shall state the subject or subjects to be considered. All meetings of the council and of the committees thereof shall be open to the public except as provided by State law, and rules of the council shall provide that the citizens of the city shall have a reasonable opportunity to be heard at any such meetings in regard to any matter considered thereat. Notice may be waived by written waiver signed by all members. Section 8. General powers and rules of council. such cases, shall have power to subpoena witno- - . . by the courts. The council shall determine its own rules and order of business and keep minutes a journal of its proceedings. It shall have power to compel the attendance of absent members, may punish its members for disorderly behavior, and, by vote of not less than six five (56) members, may - . -- -- . expelled unless notified of the charges and given an opportunity to be heard in their own defense. refer a member to the Governor for suspension. and for possible removal by the State Senate under Article IV, § 7 of the Florida Constitution, and pursuant to Florida Statutes. However, no member shall be referred for suspension unless first given written notice of the charges and an opportunity to be heard in their own defense. Section 9. Quorum; compelling attendance of members, forfeiture of office, excusable absences. a) General. A majority of the members elected to the council shall constitute a quorum to do business, but a lesser number may adjourn from time to time to compel the attendance of absent members, in such manner and under such penalties as may be prescribed by this charter or city ordinance. No member shall be excused from voting, except on matters involving the consideration of their own official conduct, Of when their financial interests are involved, or as otherwise permitted by State Law. b) Forfeiture of office. After being _given written notice of the charges and an opportunity to be heard in their own defense, a councilmember shall be referred to the Governor for suspension, and for possible removal by the State Senate under Article IV, ti 7 of the Florida Constitution, and pursuant to Florida Statutes, if the councilmember:  i) lacks at any time during the term of office for which elected any qualification for the office prescribed by this Charter or by law, ii) (ii) violates any express prohibition of this Charter: iii) (iii) is convicted of a felony, or a crime involving moral turpitude: or iv) ( iv) has accumulated three unexcused absences from in-person attendance at either three consecutive regular city council meetings, or more than 50% of city council meetings over the course of an entire calendar year. SECTION 5. OFFICIAL BALLOT QUESTION. The ballot to be used in the referendum election shall be in full compliance with the laws of the State of Florida, and shall be in substantially the following form: Ballot Question 3: Official Ballot Council Meetings and Governance Shall Sections 6, 8, and 9 of the City Charter be amended to clarify procedures for scheduling Council meetings by resolution, to adjust the disciplinary vote threshold for Councilmembers, and to strengthen attendance and forfeiture of office provisions? Yes No SECTION 6. NOTICE OF ELECTION. The above Charter amendment contained in this ordinance shall be sent to a referendum election and shall become effective if a majority of voters vote to approve the amendment in the election on March 10, 2026. An amendment approved by City voters as provided by law shall be effective immediately and become a part of the City Charter. If approved, the City Clerk is requested to promptly file the amended Charter with the Department of State, as required by Section 166. 031( 2), Florida Statutes. SECTION 7. PLACES OF VOTING, INSPECTORS AND CLERKS. All qualified electors residing within the City shall be entitled and permitted to vote at such referendum election on the proposition provided herein. The time and places of voting and the inspectors and clerks of the referendum election to be held on March 10, 2026 shall be those designated by the Okaloosa County Supervisor of Elections in accordance with law. SECTION 8. VOTE-BY-MAIL. Any electors participating in said referendum shall be entitled to cast their ballots in accordance with the provisions of the laws of the State of Florida with respect to voting by mail. The form of ballots to be used in such referendum election for these voters shall be the same as used at the polling places for such election.  SECTION 9. EARLY VOTING. Adequate provisions shall be made for early voting as required by § 101. 657, Florida Statutes. The form of ballots to be used in the referendum for early voting shall be the same as used in the polling places for the election. The Supervisor of Elections shall designate the early voting dates, times, and locations. SECTION 10. PRINTING OF BALLOTS. The Supervisor of Elections is authorized and directed to have printed a sufficient number of the aforesaid ballots for use of vote-by-mail electors entitled to cast such ballots in such referendum election and shall also have printed sample ballots and deliver them to the inspectors and clerks on or before the date and time for the opening of the polls for such referendum election for the voting places; and, further, is authorized and directed to make appropriate arrangements for the conduct of the election at the polling places specified. SECTION 11. ELECTION PROCEDURE. The Supervisor of Elections shall hold, administer, and conduct the referendum election in the manner prescribed by law for holding such elections in the City. Returns shall show the number of qualified electors who voted in such referendum election on the proposition and the number of votes cast respectively for and against approval of the proposition. The returns shall be canvassed in accordance with law. SECTION 12. REFERENDUM RESULTS. If a majority of the ballots cast at such election shall be for the amendment of sections 6, 8, and 9 of the City Charter to clarify that Council meeting schedules are set by resolution and strengthen disciplinary provisions for Councilmembers, then the amendment of the Charter shall be approved. SECTION 13. SEVERABILITY. In the event that any word, phrase, clause, sentence, or paragraph hereof shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence, or paragraph hereof. SECTION 14. CONFLICTING PROVISIONS. All ordinances in conflict or inconsistent herewith are repealed insofar as there is conflict or inconsistency. SECTION 15. EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. However, the limitation on expenditures authorized hereunder shall only be effective upon approval by a majority vote of the qualified electors of the City of Fort Walton Beach voting in a referendum. SECTION 16. INCORPORATION INTO THE CITY CHARTER. This ordinance shall be incorporated into the City of Fort Walton Beach's Charter and any section or paragraph number, or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Adopted: dbeCern b e r 1( r a oa.5 Nic Allegretto, ayer Attest: Approved as $ lel. 0 form and sufficiency for the Ci , $ F. ' alton Beach, only.