Fort Walton Beach Ordinance — 2196--Ballot Question #2 Chrt Amend-Council Terms & Procedures to Fill — reading text

BREADING DATE 12t Hilda° 2nd ORDINANCE 2196 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING SECTIONS 3, 4, 5, 7, AND 25 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 3- 5, 7, AND 25 OF THE CITY CHARTER TO CLARIFY THE NON- PARTISAN NATURE OF COUNCIL SEATS, UPDATE TERM-LIMIT PROVISIONS, ESTABLISH CONSISTENT PROCEDURES FOR FILLING COUNCIL AND MAYORAL VACANCIES, AND PROVIDE FLEXIBILITY IN THE ESTABLISHMENT OF FILING FEES FOR CITY ELECTIONS; 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 3- 5, 7, and 25 of the City Charter to clarify the non-partisan nature of Council seats, update term-limit provisions, establish consistent procedures for filling Council and Mayoral vacancies, and provide flexibility in the establishment of filing fees for city elections. 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 CLARIFYING COUNCIL NONPARTISANSHIP, UPDATING TERM LIMITS, AND STANDARDIZING VACANCY PROCEDURES. If the ballot language is approved, it would amend the City Charter by clarifying the non-partisan nature of Council seats, updating term- limit provisions, establishing consistent procedures for filling Council and Mayoral vacancies, and providing flexibility in the establishment of filing fees for city elections. Section 3. Creation and composition of council. Except as otherwise provided in this charter, all powers of the city shall be vested in a council of seven ( 7) nonpartisan members who are elected at-large. The term of all councilmembers shall be for four ( 4) years, and an election shall be held each two ( 2) years for the purpose of electing members of the council as the terms expire. Until such elected members of the council shall take office, the present members of the council of the City of Fort Walton Beach shall continue in office until the expiration of their present terms of office. Members of the council shall be qualified electors of the city, and have resided in the city for at least six ( 6) months one ( 1) year prior to qualifying for an elected office of the City of Fort Walton Beach with the Okaloosa County Supervisor of Election, and shall not hold any other city, state or federal office, except that of notary public or member of the state militia or member of the reserve forces of the United States. A member of the council ceasing to possess any of the qualifications specified in this section or convicted of crime, while in office, shall immediately forfeit their office. Section 4. Limit on number of terms for city council and mayor. No person shall be elected to the office of city council or mayor of the City of Fort Walton Beach for more than two consecutive full terms, regardless of the length of such terms. If a council member declares candidacy for another elected position, that council member shall resign within the time period and manner required by the State resign to run laws. Declaring candidacy is defined as qualifying to run for another elected position. If an elected official resigns for any reason, then they shall not be appointed or in any way reinstated during the same term, and if they are serving their second consecutive elected term at the time of their resignation, then they may not run for re- election at the next municipal election. The offices of mayor and city council are considered different offices for calculating consecutive terms. Section 5. Filling vacancies in the city council or in the office of mayor. a) In the event a vacancy occurs on the city council, or in the office of mayor, after election of a person to fill the office concerned, the position shall be filled as follows: 1) If a person elected has not yet been sworn into office, the office shall not be filled until that person would ordinarily have been sworn in. The council taking its seat If an elected city council member resigns or is unable to assume the position before swearing in, upon city council approval, the seat automatically reverts to the candidate in that race who received the next highest votes unless  either ( 1) no qualified candidate exists or ( 2) the city council votes not to approve such candidate, in which case, the city council will initiate the appointment process set forth in section 5( a)( 3) for an alternate candidate by majority vote of the city council. 2) If the person elected has been sworn into office, and if more than sixty ( 60) days remain before the next primary election to be held within the City of Fort Walton Beach, then that vacancy shall be filled by a vote of the majority of the council then sitting, pursuant to the appointment process set forth in section 5( a)( 3). 3) Prior to any appointment by council, nominations shall be accepted during at least the two ( 2) general regular meetings following creation of the vacancies. The city council shall appoint the person to fill the vacancy at the third regular meeting after the vacancy is created. Voting will be confined only to those persons who were nominated and discussed at either or both the public meetings at which nominations were accepted. 4) If fewer than sixty ( 60) days remain before the next pfima election to be held within the City of Fort Walton Beach, no successor shall be appointed unless no one qualifies to run for the vacant position. b) All vacancies which occur on the city council, or in the office of mayor, shall be filled by majority vote of the council, but only until the next election held in the city City of Fort Walton Beach. c) Whether or not the seat becoming vacant has been sworn into office, the appointment by a majority of the council shall be for a period extending only until the beginning of the first regular meeting after a successor is chosen by election consistently with State Law. as provided herein. That seat shall be open for qualification in the next election beginning sixty ( 60) days before the first primary and ending thirty ( 30) days before the first primary. Those candidates qualifying for that position shall run in a nonpartisan election. In the event no candidate receives a majority of the votes cast, then the two (2) candidates The winner of that election shall fill the balance of the term of the seat in which the vacancy occurred. Section 7. Election of mayor and mayor pro tem; general duties of mayor. The mayor shall be elected in a nonpartisan election by the qualified voters of the city at large every four (4) years. The mayor pro tem shall be chosen by and from the members of the council on an annual basis. In addition to the powers conferred on the mayor by this charter, the mayor shall also have the rights, privileges and immunities of a member of the council except that the mayor shall have the right to cast a deciding vote should any issue before the members of the city council end in a tie vote. The mayor shall be subject to the same prohibitions against interfering with or suggesting to the city manager. The mayor shall preside at meetings of the council and shall also have the power and perform the duties conferred and imposed by the charter and the ordinances of the city. The mayor shall be recognized as the head of the city government for all ceremonial purposes, by the courts for serving civil processes, and by the governor for purpose of military law. In time of public danger or emergency the mayor shall, if so authorized and directed by vote of the council, take command of the police, maintain order and enforce the law. declare by proclamation a state of emergency consistently with the laws of the State of Florida and coordinate relative emergency responses with the police chief and fire chief as appropriate. Section 25. Elections. a) Except as modified or altered by the charter of the City of Fort Walton Beach, or by ordinances adopted from time to time, the provisions of general law of the State of Florida pertaining to state and local elections, registrations, manner of voting, qualifications of electors, duties of election officers, canvassing returns and the general holding and management of elections, shall apply. In addition, the council may provide detail for such elections more specifically by ordinance enacted from time to time. b) Any qualified elector of the city may become a candidate for any elective office by filing with the supervisor of elections a petition in the form as prescribed by that officer, together with a filing fee which shall be established by ordinance, but which may not exceed the sum of fifty dollars ($ 50.00). resolution. c) All ballots and other forms necessary for accomplishment of the function of the supervisor of elections shall be the responsibility of the office of the supervisor of elections. d) After the first election which, pursuant to the provisions of this charter, the council shall provide for by ordinance, the subsequent elections shall be provided for by ordinance and the times of such elections shall be fixed so as to assure the elections being held from time to time before the expiration of the terms of office of the incumbents. 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 2: Official Ballot Non-partisan City Elections, Stricter