AGENDA ITEM REPORT
TITLE:
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AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 8, "ELECTIONS," ARTICLE V, "ELECTION ADMINISTRATION," BY AMENDING SECTION 8-104, "VACANCIES; GENERALLY AND IN CANDIDACY," TO PROVIDE THE PROCESS FOR FILLING VACANCIES UPON APPROVAL BY THE MAJORITY OF ELECTORS VOTING IN THE MARCH 14, 2023, MUNICIPAL ELECTION OF THE BALLOT ITEM SUBMITTED AS PART OF THE REFERENDUM ORDINANCE NO. 2022-011. (SECOND READING)(PUBLIC HEARING)
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BACKGROUND:
This item was approved on First Reading at the August 25, 2022, City Commission Meeting.
Section 166.031(6), Fla. Stat., states, "Each municipality shall, by ordinance or charter provision, provide procedures for filling a vacancy in office caused by death, resignation, or removal from office. Such ordinance or charter provision shall also provide procedures for filling a vacancy in candidacy caused by death, withdrawal, or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office." Pursuant to Section 166.031, Fla. Stat., and Ordinance No. 2022-011 (hereinafter the "Referendum Ordinance"), a proposed Charter amendment will be submitted to the electors of the City of Coconut Creek at the March 14, 2023, Municipal Election. The Referendum Ordinance seeks to clarify the Charter and make it consistent with state law by combining Charter Sections 305 and 713 together, and requiring that vacancies in the office of Commissioner be filled by vote of the electors (rather than by appointment), with the procedures for such elections codified within the City's Code of Ordinances.
DISCUSSION:
In accordance with the Referendum Ordinance, the procedures for elections to fill vacancies are proposed to be codified within the City's Code of Ordinances, Section 8-104, as proposed herein. This ordinance shall become effective only upon the approval by the majority of electors voting in the March 14, 2023, Municipal Election appro...
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