Fort Walton Beach Ordinance — 2143--Amend Charter Ballot Ref on Elected Compensation — reading text

READING DATE t $t 2nd ! z ORDINANCE 2143 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING THE CITY CHARTER TO CREATE A NEW SECTION TITLED PROHIBITION OF COMPENSATION TO ELECTED OFFICIALS; PROVIDING FOR A REFERENDUM ON THE CHARTER AMENDMENT; PROVIDING FOR A BALLOT QUESTION; PROVIDING FOR A VOTE AT THE NOVEMBER 5, 2024 ELECTION ON WHETHER TO PROHIBIT COMPENSATION AND FINANCIAL BENEFIT TO ELECTED OFFICIALS; 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, on March 8, a group of citizens submitted petitions for three 2021, proposed charter amendments to the Okaloosa County Supervisor of Elections, including but not limited to an amendment to the City Charter that would prohibit compensation and financial benefit to elected officials; and WHEREAS, on March 21, 2021, the Supervisor of Elections certified the petitions for the proposed charter amendments to be placed on a future ballot, but such amendments have not yet been placed on a ballot for consideration by the voters of the City of Fort Walton Beach; and WHEREAS, the City Council of the City of Fort Walton Beach endeavors to ensure that the voice of the citizens of the City of Fort Walton Beach are heard and expressed through the referendum process in the next general election, to be held on November 5, 2024; and WHEREAS, it is essential to the proper conduct and operation of government that public officials be independent and impartial, work for the public good, and not hold office for the purpose of private financial gain; and WHEREAS, the City Council has proposed an amendment to the City Charter to add Section xx " Prohibition of Compensation to Elected Officials"; and, WHEREAS, the City Council desires to now place such charter amendment before the voters for consideration; and WHEREAS, the City Council of the City of Fort Walton Beach has deemed this Ordinance to be in the best interest of the public health, safety and welfare.  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. PROHIBITION ON COMPENSATION TO ELECTED OFFICIALS. If the ballot language is approved, it would amend the City Charter by prohibiting compensation to elected officials within the City of Fort Walton Beach. SECTION xx. PROHIBITION OF COMPENSATION TO ELECTED OFFICIALS. No elected official shall receive any compensation, including without limitation a salary or other item of financial benefit, nor for any services rendered by the member to the City. This rohibition shall not preclude reimbursement for ex enses actually incurred in the performance of their duties. 1. Those parts of any ordinance in conflict with this section are hereby repealed. This section becomes effective upon adoption. 2. If any_ provision of this charter section or its application to any person or circumstances is held invalid by the valid judgment or decree by a court of competent jurisdiction, the remainder of this charter section or application of the terms and provisions to other persons shall not be affected. 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: OFFICIAL BALLOT PROHIBITION OF COMPENSATION TO ELECTED OFFICIALS SHALL THE CITY OF FORT WALTON BEACH' S CHARTER BE AMENDED TO PROHIBIT ELECTED OFFICIALS FROM RECEIVING ANY COMPENSATION, INCLUDING WITHOUT LIMITATION A SALARY OR OTHER ITEM OF FINANCIAL BENEFIT, EXCEPT THAT ELECTED OFFICIALS MAY BE REIMBURSED FOR EXPENSES ACTUALLY INCURRED IN THE PERFORMANCE OF THEIR DUTIES? YES lece  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 general election on November 5, 2024. 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 November 5, 2024 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 the City' s Charter to prohibit compensation of elected officials within the City of Fort Walton Beach, 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 upon approval of a majority of the voters, and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Adopted: l/ fo[,t 2)i " Z Richard A. Rynearson, Ma or Attest: Approved as to legal form and sufficiency for the City of Fort Walton Beach, only. zk< s -Y7 Kim M. arnes, City Clerk Tci- herly Romano Kopp, City Attorney