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7238-03 ORDINANCE NO. 7238-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, SUBMITTING TO THE CITY ELECTORS A PROPOSED AMENDMENT TO THE CITY CHARTER AMENDING SECTIONS 2.03 AND 2.07; INCREASING THE TERM OF OFFICE FOR COMMISSIONERS TO FOUR YEARS; REDUCING THE DISQUALIFICATION PERIOD FROM ONE TERM TO TWO YEARS FOR COMMISSIONERS WHO ARE DISQUALIFIED FROM RUNNING BY TERM LIMITS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby proposed that Section 2.03 of the City Charter be amended as follows: Section 2.03. Election and terms. All commissioners, including the mayor-commissioner, elected prior to the reaular City election in 2005. shall be elected for terms of three years. Terms shall overlap, with two commissioners elected one year, and the additional two commissioners and the mayor- commissioner elected the following year. No person elected prior to 2005, who has, or but for resignation or forfeiture of office would have, served as a commissioner for two consecutive full terms shall serve as a commissioner other than mayor- commissioner durina fe.F the succeeding two tRfee- year period tefm.. No person who has, but for resignation or forfeiture of office would have, served as mayor- commissioner for two consecutive full terms, shall serve as mayor-commissioner or commissioner for the succeeding two tRFee- year period tefm.. Term limitE shall be eff-ecti'le for e3ch respective se3t on the d3te of the next election for th3t se3t after 1994. All council members. includina the mayor. elected at the reaular City election in 2005 or thereafter. shall be elected for terms of four years. Terms shall overlap. with two council members and the mayor elected one year. and the additional two council members elected two years later. Commencina with the reaular City election in 2005. no person who has. or but for resianation or forfeiture of office would have. served as a council member for two consecutive full terms shall serve as a council member other than mayor durina the succeedina two year period. No person who has. or but for resianation or forfeiture of office would have. served as mayor for two consecutive full terms, shall serve as mayor or council member durina the succeedina two year period. Newly elected commissioners shall take office at the next commission meeting following certification of city election returns. Section 2. It is hereby proposed that Section 2.07 of the City Charter be amended as follows: Ordinance No. 7238-03 Section 2.07. Vacancies; forfeiture of office; filling vacancies; advisory boards. (a) Vacancies. The office of a commissioner shall become vacant upon the death, resignation, removal from office in any lawful manner, or forfeiture of the office, such forfeiture to be declared by the remaining members of the commission. (b) member: Forfeiture of office. A commission member shall forfeit such office if such 1. Lacks at any time during the term of such office any qualification for the office prescribed by law, or 2. Is convicted of a felony or a crime involving moral turpitude, or 3. Fails to attend three sHE consecutive regular meetings of the commission, unless such absence is excused by the commission, or 4. Fails to attend twenty-five percent of the regular meetings during a 12-month period whether excused or not. (c) Filling of vacancies; vacancy in commissioner's seat. 1. A vacancy on the commission should be filled by majority vote of the remaining commission members within 45 J(} days after the vacancy. If the vacancv is not filled within 45 davs after it occurs. the appointment to fill it shall be made bv the Governor of Florida. The person so appointed shall serve as a commissioner until the next regular or special election. At such election, a commissioner shall be elected to serve for the remainder of the unexpired term of office. 2. If the commission fails to fill such vacancy within 60 days after it occurs, :1 special alGetion shall be c:1l1ed to fill thG unexpired term. ill~ Any person appointed to fill such a vacancy shall possess all the qualifications required of a commission member by law. (d) Extraordinary vacancies. In the event that all commission members resign or are removed by death, disability, or forfeiture of office, the governor shall appoint an interim commission that shall call a special election to be held within 90 days after the occurrence of the vacancies. Such election shall be held in the same manner as the first election under this charter. In the event vacancies cannot be filled as provided in section 2.07(c) because of permanent vacancies which make it impossible to assemble a quorum, then in such case the governor shall appoint that number of commission members necessary to constitute a quorum who shall hold office until the next regular or special election. (e) Boards. The commission is empowered to appoint such advisory boards as it deems appropriate and regulatory board(s) as may be established by law. Section 3. A referendum election is hereby called and will be held on March 9, 2004, at the general city election for the consideration of the voters of the City of Clearwater for the 2 Ordinance No. 7238-03 '" _ "r proposed charter amendments. The question to appear on the referendum ballot reflecting the proposed amendment to the charter at the regular municipal election scheduled for March 9, 2004, shall be as follows: LENGTH OF COMMISSION TERMS. DISQUALIFICATION PERIOD AND VACANCIES Shall Sections 2.03 and 2.07 of the City Charter be amended as provided in Ordinance No. 7238-03 to increase the term of office for Commissioners to four years; to reduce the disqualification period from one term to two years for commissioners who are disqualified from running by term limits; to provide for filling of Commission vacancies by appointment of the Governor under certain circumstances and other minor changes? YES NO For amendment to City Charter Against amendment to City Charter Section 4. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the election to be held on March 9, 2004. Section 5. This ordinance shall take effect immediately upon adoption. The amendments to the City Charter provided for herein shall take effect only upon approval of a majority of the City electors voting at the referendum election on these issues and upon the filing of the Amended Charter with the Secretary of State. PASSED ON FIRST READING December 4, 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED Sri Approved as to form: u~1 Pamela K. Akin, City Attorney Attest: ~~{bJu rynt a : GPUd~U,;IY, Cla~ . 3 Ordinance No. 7238-03