9179-18ORDINANCE NO. 9179-18
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
SUBMITTING TO THE CITY ELECTORS PROPOSED
AMENDMENTS TO THE CITY CHARTER CHANGING
CLEARWATER'S FORM OF GOVERNMENT FROM THE COUNCIL-
MANAGER FORM OF GOVERMENT TO MAYOR -COUNCIL FORM
OF GOVERNMENT; PROVIDING FOR ALL EXECUTIVE AND
ADMINSTRATIVE POWERS TO BE VESTED IN THE
MAYOR; PROVIDING THAT THE MAYOR WILL NOT BE A
MEMBER OF THE COUNCIL; PROVIDING FOR THE
SETTING OF THE MAYOR'S COMPENSATION BY COUNCIL
WITH A MINIMUM SET SALARY; ELIMINATING THE CITY
MANAGER POSITION; PROVIDING FOR A CITY
ADMINISTRATOR TO BE HIRED BY THE MAYOR WITH
CONFIRMATION BY COUNCIL; PROVIDING THAT THE CITY
ADMINISTRATOR SHALL SERVE AS ACTING MAYOR IN
THE MAYOR'S ABSENCE OR DISABILITY; PROVIDING
THAT THE MAYOR SHALL APPOINT THE FIRE CHIEF AND
CHIEF OF POLICE SUBJECT TO CONFIRMATION BY
COUNCIL; PROVIDING FOR THE MAYOR TO PRESENT A
BUDGET TO THE COUNCIL FOR APPROVAL; PROVIDING
THAT ALL POWERS OF THE CITY SHALL BE VESTED IN
THE CITY COUNCIL EXCEPT THOSE SPECIFICALLY
GIVEN TO THE MAYOR OR RESERVED TO THE
ELECTORS; REMOVING THE REQUIREMENT THAT THE
COUNCIL EVALUATE THE CITY MANAGER AND CITY
ATTORNEY; PROVIDING THAT THE COUNCIL MAKE ALL
APPROPRIATIONS FROM THE CITY TREASURY;
PROVIDING FOR ELECTION OF THE MAYOR BY
MAJORITY VOTE; PROVIDING FOR MAYORAL RUNOFF
ELECTION; PROVIDING THAT COMMENCING IN 2020
THREE COUNCILMEMBERS AND MAYOR SHALL BE
ELECTED IN ONE YEAR; STARTING THE TERM LIMITS
FOR THE MAYOR; PROVIDING FOR A COUNCIL CHAIR
AND VICE CHAIR AND DESCRIBE THE PROCEDURE FOR
THEIR ELECTIONS; PROVIDING FOR AN INTERNAL
AUDITOR TO BE APPOINTED BY THE COUNCIL AND
PROVIDE FOR AN AUDIT COMMITTEE; REPLACING
VARIOUS REFERENCES TO THE CITY MANAGER WITH
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REFERENCES TO THE MAYOR; AUTHORIZING MAYOR TO
APPOINT BOARD MEMBERS WITH COUNCIL
CONFIRMATION; AUTHORIZING THE COUNCIL CHAIR,
MAYOR, AND ANY COUNCIL MEMBER TO PUT ITEMS ON
THE MEETING AGENDA; PROVIDING FOR THE
SUBMISSION OF ORDINANCES TO THE MAYOR,
OUTLINING MAYOR'S VETO POWER AND COUNCIL
OVERRIDE OF VETO; AUTHORIZING COUNCIL STAFF;
PROVIDING FOR A CITY ATTORNEY TO BE APPOINTED
BY THE MAYOR AND CONFIRMED BY COUNCIL;
PROVIDING FOR THE APPOINTMENT OF SPECIAL
ASSISTANT CITY ATTORNEY FOR THE MAYOR AND FOR
COUNCIL;PROVIDING FOR TRANSITION PROVISONS;
PROVIDING FOR A REFERENDUM ELECTION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a citizen's group approached the City Council requesting City
Council to prepare and place a charter amendment on the November 6, 2018 ballot to
change the city's form of government from Council—Manager to a Mayor—Council form;
and
WHEREAS, City Council determined that it was appropriate to prepare and
present charter amendments to the voters of Clearwater to determine whether they
want to adopt a strong mayor -council form of government; and
WHEREAS, City Council established a joint task force to draft the charter
amendments required to effect a Mayor—Council form of government; and
WHEREAS, members of the last two Charter Review Committees were
approached and invited to be members of the Strong Mayor Task Force; and
WHEREAS, the Task Force and the City Council held joint meetings once a week
for eight consecutive weeks, each meeting lasting approximately three hours; and
WHEREAS, the Joint Task Force approved proposed amendments to the City
Charter and requested the City Attorney to draft an amended charter, ordinance
amending the charter, and a referendum question to be presented to the City Council
for approval and submittal to the city electors at a special city referendum election to be
held in conjunction with the regularly scheduled Federal, State and County election on
November 6, 2018; now therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
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CLEARWATER, FLORIDA:
Section 1. The foregoing prefatory clauses are hereby fully incorporated
herein as findings of the City Council.
Section 2. Article II of the City Charter is amended as follows:
Section 2.01. - Council; composition; powers.
(a) Composition. There shall be a city council, (the "council"), composed of five
council members. The members will occupy seats numbered one through five, inclusive. All
members shall be elected at large by the voters of the city.
(b) Powers. All legislative power of the city shall be vested in the council, except
as otherwise provided by law or the provisions of this charter, and the council shall provide
for the exercise thereof and for the performance of all duties and obligations imposed upon
the city by law except as otherwise provided herein. All powers of the city shall be vested in
the city council except those powers specifically given to the mayor or reserved to the
electors of the city in this charter.
_(c) Duties. It shall be the duty of the council to discharge the obligations and
responsibilities imposed upon the council by state law, city ordinance and this charter. As a
part of the discharge of its duty, the council shall:
21. Adopt by ordinance a comprehensive system of fiscal management. The fiscal
management ordinance shall include provisions relating to the operating budget, capital
budget and capital program, and provide for hearings on the budget, capital budget and
capital program and the amendment of the budget following adoption.
. Provide for an annual or more frequent independent audit of all city accounts
by a firm of certified public accountants, anoaccountants ana provide for publication of a
notice of availability of each audit. No firm shall be employed for more than five consecutive
years. All audits shall be in accordance with law.
. Regulate comprehensive planning, zoning and land development as provided
by law.
(d) Limitations. The legislative power provided herein shall have the following
limitations:
(1) The total indebtedness, which for the purpose of this limitation shall include
revenue, refunding, and improvement bonds of the city, shall not exceed 20 percent of the
current assessed valuation of all real property located in the city. The total budgeted
expenditures in any fiscal year shall not exceed the total estimated revenue plus any
unencumbered funds carried forward from a prior fiscal year. wo money may oe aisoursea
from the city treasury except pursuant to appropriations made by the city council.
Section 2.02. - Qualifications.
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Members of the council shall be qualified voters of the city and shall have
continuously resided in the city for at least one year prior to submitting a petition for
election. The council shall be the judge of the election and the other qualifications of its
members and mayor and of the grounds for forfeiture of their office.
Section 2.03. - Election and terms.
Commencing with the terms beginning in 2008, all council members, including the
mayor, shall be elected for terms of four years. Terms shall overlap, with two -three council
members and the mayor elected one year commencing in 2020, and the additional two
council members elected two years later.
No person who has, or but for resignation 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, for the succeeding four-year term. No person who has, but for resignation or
as mayor or council member for the succeeding four year term. Term limits shall be
effective for each respective seat on the date of the next election for that seat after 1994.
certification of city election returns.
Section 2.04. - Compensation and expenses.
The council may determine the annual salary of council members and the mayor by
ordinance. No ordinance increasing such salary shall become effective until the date of
commencement of the terms of council members elected at the next regular election,
occurring at least six months following the adoption of such ordinance. Council members
shall be reimbursed their actual and necessary expenses incurred in the performance of
their duties of office.
Section 2.05. - MayorChair, vice -chair-, functions, and powers.
At the first council meeting each April, the council shall elect one of its members as
chair and one member as vice -chair. The mayor chair shall preside at all meetings of the
council, perform such other duties consistent with the office as may be imposed by the
council and this charter,.
. The mayor chair may execute legal instruments on behalf of
the city or otherwise as required by law. This authorization does not confer upon the maga-r
chair administrative duties except as required to carry out the responsibilities stated in this
charter.
purposes.
At the first council meeting each April, the council shall elect one of its members as
vice mayor. The vice mayor shall act as mayor during the temporary absence or inability of
the mayor to perform the duties of the office of the mayor.
Section 2.06. - Prohibitions.
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Ordinance No. 9179-18
(a) Appointments and removals. Except as otherwise provided herein, Neither
neither the council nor any of its members shall in any manner dictate the appointment or
removal of any city administrative officer or employee whom the b*mahagefmayor, or any
of the city manager'smayor's subordinates, is empowered to appoint.
(b) Dealing through city managermayor. Except during an investigation, the
council members shall deal with city officers and employees who are subject to the direction
and supervision of the mayor solely through the city managermayor. Neither
the council nor its members shall give orders to any such officer or employee, either publicly
or privately. Recommendations for improvement in city operations by individual council
members shall be made to and through the mayor.
Nothing in the foregoing paragraph prohibits individual members of the council from
asking questions and observing city operations so as to obtain independent information to
assist them in the formulation of policy, ordinances and resolutions.-
(c) Holding other office. No present or former council member shall hold any
compensated appointive city office or employment until one year after the expiration of the
term for which such council member was elected.
Section 2.07. - Vacancies; forfeiture of office; filling vacancies; advisory boards.
(e) Boards. The council is empowered to appoint such committees or boards
required by charter to be appointed by council and such
boards) as may be established required by law to be appointed
by the legislative body
Section 2.08. - Procedure.
(a) Meetings. The council shall meet regularly at least once each month at such
times and places as the council may prescribe by rule. Special meetings may be held on
call of the mayor, the city managercGhair, or any two council members and, when practical,
upon no Tess than 24 hours' notice to each member and the public. All meetings shall be
public, except as otherwise provided by law. The city managermayor, chair and any council
member shall have the power to cause any item to be placed on the next agenda.
Section 2.09. - Ordinances and resolutions in general.
(e) Submission of ordinances to mayor.
All ordinances approved by Council shall be submitted to the mayor before
becoming law; if the mayor approves the ordinance the mayor shall siqn it, if not the mayor
shall return it with histhe objections to the council and such objection shall be entered into
the minutes. The council shall then reconsider the ordinance at its next regular meeting at
which there is a quorum or at a special meeting called for that purpose. If after
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reconsideration it passes by majority +1 vote of all council members it shall become law. If
any ordinance shall not be returned to the council by 5 PM on the fifth day after Council has
adopted the ordinance it shall become effective without signature.
Section 2.10. - Authentication, recording and disposition of charter amendments,
ordinances, and resolutions.
(a) Authentication. The mayor chair or vice chair and the city clerk shall
authenticate by their signatures all ordinances and resolutions adopted by the council. In
addition, when charter amendments have been approved at referendum.
Section 2.11. City council staff.
The city council shall establish an Office of the City Council and may hire the
following who shall be responsible to the city council through the chair of the council: (a)
Budget analyst. The city council is authorized to employ a budget analyst or an individual
with similar qualifications, pursuant to the city's position classification code, to assist in the
budgetary matters of the city council. The city council, by ordinance, shall define the
qualifications, pay and responsibilities of said employee in accordance with the City's
position classification code. The employee shall be subject to termination by a majority vote
of the city council; (b) Council executive. The city council is authorized to hire a council
executive. The city council shall define the qualifications, pay and responsibilities of said
employee in accordance with the city's position classification code. The employee shall be
subject to termination by a majority vote of the city council; (c) Executive assistant. The city
council is authorized to hire an executive assistant. The city council shall define the
qualifications, pay and responsibilities of said employee in accordance with the city's
position classification code. The employee shall be subject to termination by a majority vote
of the city council; and (d) Other staff. The city council may create and fill other staff
positions for the purpose of assisting it in the performance of its legislative function.
Section 3. Article III of the City Charter is amended as follows:
Section 3.01. City managerMayor.
The city managermayor shall serve as the chief administrative officer and chief
executive officer of the city and shall be responsible for the proper administration and
conduct of the executive work and affairs of the city. The mayor shall be recognized as the
official head of the city by the courts for the purpose of service of process and by the
governor for the purpose of military law and for all ceremonial purposes. The city manager
shall establish and maintain residency within the city within one year after the appointment.
- - --- - -- - -- - - - --- - - - - -- • ' - - - The
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Ordinance No. 9179-18
mayor shall maintain an office in a city Hall leased or owned facility and shall devote full
time to the duties of that office.
Section 3.02. Election and terms; absence: compensation.
(a) Appeiatmeat Election and Terms. The council shall appoint a city manager by
e.
The mayor shall be elected at large and shall be elected for a term
of four years. The mayor shall be a qualified voter of the city and shall have continuously
resided in the city for at least one year prior to submitting a petition for election. The mayor
shall continue to be a resident and elector of the city during the term of office. No person
who has, or but for resignation or forfeiture of office would have, served as mayor for two
consecutive full terms shall serve as mayor or council member for the succeeding four-year
term. Term limits shall be effective for the office of mayor on the date of the next election for
mayor after 2020.
prior to a vote to remove the city manager.
(sb) Compensation. The compensation of the city managermayor shall be fixed by
a majority of all the council members and may be adjusted annually. In no event shall the
annual salary be less than one hundred twenty thousand dollars ($120,000).
(dc) Acting city manager Vacancy in office or unavailability of mayor. By letter
to exercise the powers and perform the duties of city manager during the city manager's
temporary absence or disability. This designation shall be limited to a period of 60 days. At
accordance with the provisions of this charter. During any temporary absence or disability
of the mayor, the city administrator shall serve as acting mayor and shall exercise the
powers and perform the duties of the mayor. During a temporary absence not due to
disability, the mayor shall provide the city administrator, with a copy to the city clerk, a
memo delineating the extent to which to the city administrator may act on the mayor's
behalf. In case the office of mayor becomes permanently vacated by death, resignation or
any other reason, the city administrator shall discharge the duties of the mayor as acting
mayor. When the vacancy occurs within eight months of a regularly scheduled city election
and prior to the beginning of the qualifying period for that election, an election for mayor
shall be held as part of the election. The acting mayor shall serve until the newly elected
mayor is sworn in. The newly elected mayor shall serve the unexpired term of the previous
mayor if the election is one in which there would not normally be a mayoral race. If the
vacancy occurs at any other time and would require the city administrator to serve as acting
mayor for a period of greater than six months, then city council shall schedule a special
election for mayor to be completed within five months of the occurrence of the vacancy. City
council shall by ordinance provide for the dates of the elections and the length of the
qualifying period, which qualifying period shall no event be less than one week. The
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individual elected in this manner shall take office the next business day following
certification of the election and shall serve the remainder of the unexpired term.
Section 3.03. - Powers and duties of the mayor.
The city manager mayor shall:
(a) Appoint, promote, and suspend, demote, or remove any city employees or
appointive administrative officers under the city manager'emayor's jurisdiction, except as
may be otherwise provided by law. Such appointment, promotion, suspension, demotion, or
removal shall be in compliance with the civil service law and other applicable rules and
regulations.
(b) Establish or discontinue any city department, division or board in the
administrative affairs of the city, subject to council approval.
(c) Upon request of city council aAttend council meetings, or send a
representative, and have the right to take part in discussion, but not to vote.
(d) See to the faithful execution of all laws, provisions of this charter, and acts of
the council subject to enforcement by the city manageFinayor or officers subject to the-G4y
manager's mayor's supervision.
(e) At least one month prior to the release of the draft budget, present in a city
council meeting, draft strategic priorities for the upcoming fiscal year. The council and
members of the public may discuss and comment on the strategic priorities, but council
approval is not required.
(ef) Prepare: and submit and present to the council in the form provided by
ordinance, the annual budget, a capital improvement budget, and a projected capital
improvement program for a minimum five-year period, each of which shall be tied to the
mayor's strategic priorities.
(fg) Submit to the council at the first regular meeting in September December of
each year and make available to the public, a comprehensive report on the financial
condition and administrative activities of the city, and the implementation status report on
the identified strategic priorities.
(gh) Make such other reports as the council may require concerning the
operations of city departments, offices and agencies subject to the city manager'Gmayor's
supervision.
(hi) Keep the council fully advised as to the financial condition and future needs of
the city and make recommendations to the council concerning the affairs of the city.
(+i) Sign contracts on behalf of the city pursuant to the provisions of appropriations
ordinances.
(jk) Develop and keep current an administrative code which sets forth the
organizational and operational procedures of the city government.
(k!) Provide administrative assistance to the council in connection with their official
duties, and perform such other duties as are specified in this charter or may be required by
the council.
(1m) Act as purchasing agent for the city.
(►a4n) Appoint and remove the members of boards, committees and commissions
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except as otherwise provided herein and except those required by state law to be made by
the city council as the governing body of the city. All mayoral appointments shall be
submitted to council for confirmation. If council rejects the appointee, the mayor shall submit
a new appointee within four weeks.
(Po) Negotiate all contracts, franchises, acquisition and disposition of property and,
upon the approval of council, execute on behalf of the city all agreements, leases, deeds
and other instruments in connection therewith; however, all limitations contained in section
2.01(d) of this charter shall apply.
Section 3.04 -Veto power.
The mayor may veto any ordinance passed by council, except an emergency
ordinance and those ordinances passed as a result of quasi-judicial proceedings when such
proceedings are mandated by law and ordinances proposing charter amendments, which
the council is required by law or by this charter to place on the ballot. The mayor may veto
any line item in a budget or appropriation ordinance. The mayor must exercise veto power
by 5 PM on the fifth business day after the day the council adopts the ordinance. On the
day the mayor vetoes an ordinance the mayor shall submit written objections to the council.
Section 3.94-05 - City clerk.
The _ty manager mayor shall appoint a city clerk, which appointment must be
confirmed by the council prior to becoming effective. The city clerk or the designee of the
city clerk shall:
(a) Be custodian of all records and the official seal of the city;
(b) Attest all documents requiring attestation and agreements to which the city is a
party;
(c) Arrange for and supervise all city elections;
(d) Attend all meetings of the council and keep minutes of its proceedings;
(e) Give notice of council meetings to its members and the public;
(f) Perform such other duties as directed or required by law.
Section 3.06 - City administrator.
The mayor shall appoint a city administrator subject to confirmation by city council.
The mayor shall have the authority to terminate the city administrator without consent of
council. The city administrator shall have relevant management, executive or administrative
experience. The city administrator need not be a resident of the city or state at the time of
appointment but shall establish and maintain residency within the city within 1 year after the
appointment.
Section 3.07 - Council confirmation
Subject to confirmation by city council, the mayor shall appoint the fire chief and
chief of police. The mayor shall have the authority to terminate the fire chief and chief of
police without consent of council.
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Section 3. . - Personnel system.
Appointments and promotions of city officials and employees, except those
specifically exempted by ordinance, shall be made solely on the basis of merit and fitness
demonstrated by examination or other evidence of competence as provided by law.
Section 4.
follows:
Article IV of the City Charter amended as
Section 4.01. - City attorney, legal department.
There shall be a city attorney who shall provide advice and counsel on behalf of the
city. The city attorney shall be an attorney at law in good standing and shall be the head of the
legal department, which shall handle the legal affairs of the city.
(a) Duties.
1. In regard to all affairs of the city, the city attorney shall be the legal advisor to
the mayor, the city council and committees thereof, and all of the several departments, officers
and boards of the city government; and, when required, shall furnish written or oral opinions to
them upon any subject in which the city is interested. Copies of any such written opinions shall
be kept on file in the city attorney's office, and duly surrendered to any successor;
2. Commence and prosecute all actions and lawsuits brought by the city
provided that no lawsuit other than prosecutions of city ordinance violations may be filed
without city council approval;
3. Represent and defend the city in all lawsuits or actions brought against the
4. In accordance with any resolutions, ordinances or agreements approved by
city council, and where also permitted by law and the ethical standards of the Florida Bar,
represent, and defend any officer, official or employee of the city in any suit or action arising
out of any act performed in the discharge of their official duties;
5. Prepare, or cause to have prepared, all contracts, bonds and other
instruments in writing which legally obligate the city and endorse on each approval of the form
and correctness thereof; and
6. Perform all other duties that may be imposed upon the city attorney by this
charter or by ordinance provided such ordinance is consistent with this charter.
(b) Appointment and Removal.
The mayor, subject to city council approval, shall appoint the city attorney and such
assistant city attorneys as are deemed necessary and expedient. Authority for removal of these
assistant city attorneys shall be with the city attorney. The city attorney may delegate to these
assistant city attorneys and, where appropriate, to Special Legal Counsel, employed as
provided herein, the responsibility for performing the various duties of the city attorney imposed
by this charter. Removal of the city attorney shall be by the mayor with approval by a majority
vote of city council.
(c) Absence. By letter, filed with the councitmayor and council, the city attorney
shall designate one or more assistant city attorneys to perform the duties of city attorney during
temporary absence or disability. This designation shall be limited to a period of 60 days. At
city;
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the expiration of this time, the mayorcouncil shall appoint an interim or new city attorney in
accordance with the provisions of this charter.
Section 4.02. — Special counsel; special assistant city attorneys.
(a) The mayor, subject to city council approval, shall also have the power to employ
special legal counsel whenever, in the mayor's discretion, it is necessary or may be deemed
advisable for the city to be so represented or whenever the city attorney certifies to the mayor
that the ethical standards of the Florida Bar prevent any member of the legal department from
undertaking the representation of the city in a particular matter.
(b) The mayor and city council may each appoint, without the consent of the other,
one assistant city attorney and the titles for these positions shall be respectively special
assistant city attorney to the mayor and special assistant city attorney to city council. Said
special assistant city attorneys shall:
1. Be responsible to the appointing entity;
2. Serve only in an advisory capacity and shall perform only such duties as are
of technical nature, including drafting of ordinances, legal research and providing advisory
opinions;
3. Perform such other duties as requested by the city attorney and approved by
the appointing entity; and
4. Be subject to termination by the appointing entity.
The special assistant city attorneys shall not file suit or bring or defend any
action in court on behalf of the city, city council or the mayor without the written authorization of
the city attorney. No action or opinion of a special assistant city attorney shall be construed to
be the official legal position of the city, and such official legal positions and actions shall be
solely within the scope of powers and duties of the city attorney.
Section 4.02. City attorney appointment, removal, and compensation, qualifications and
duties-
{a) Appointment. The city attorney shall be appointed by the affirmative vote of four council
Section 1.03 Assistant city attorneys; special counsel.
{a) Assistants. The city attorney shall appoint as many assistant city attorneys as authorized
by the city council.
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Ordinance No. 9179-18
department, who shall conduct such investigations and perform such services as the council
Section 4.04 Compensation.
and approved by the council.
Section 5. Article VII of the City Charter is amended as follows:
Section 7.02. - Charter review advisory committee.
The council and mayor shall appoint a charter review advisory committee in January,
1994, and at least every five years thereafter provided the appointments are made in January
of a year preceding a city election. The charter review advisory committee shall be composed
of .nirteen members to be appointed as follows: two members by the mayor, three members by
the council chair, two members each by the remaining council members. not Icss than ten
members. It The charter review advisory committeE shall review the existing charter and make
recommendations to the council for revisions thereto.
Section 6. It is hereby proposed that Article VIII of the City Charter be is amended
as follows:
Section 8.02. - Nonpartisan elections.
All nominations and elections for council and mayor shall be conducted on a
nonpartisan basis without regard for or designation of political party affiliation of any nominee
on any nomination petition, ballot, or political advertisement under the control of the candidate.
Section 8.03. - Form of ballots.
The council shall by ordinance prescribe the form of the ballot and the method
conducting all elections of the city.
(a) Council ballots. Candidates for seats on the council shall be grouped according
to the seat number for which they are candidates. Within each group, names shall be placed
on the ballot alphabetically. No candidate may seek election to more than one seat in any
election.
(b) Mayoral ballot. Candidates for mayor shall be placed on the ballot alphabetically.
No candidate may seek election to more than one seat or office in any election.
(bc) Charter amendment. A charter amendment to be voted on by the voters of the
city shall be presented for voting by ballot title. The ballot title of a measure may differ from its
legal title and shall be a clear, concise statement describing the substance of the measure
without argument or prejudice. Below the ballot title shall appear the following question: "Shall
the above described (ordinance) (amendment) be adopted?" Immediately below such question
shall appear, in the following order, the word "yes" and also the word "no" with a location
thereafter to indicate the voter's choice.
Section 8.04. - Nominations.
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The names of candidates for council and mayor shall be placed upon the ballot by the
filing of a written notice of candidacy with the city clerk at such time and in such manner as
may be prescribed by ordinance.
Where only one candidate qualifies for nomination to a seat on the council or for mayor,
then no general election shall be held with respect to the seat or office and the candidate shall
be declared elected to the seat or office.
Section 8.05. - Elections.
(a) Council positions. All members of the city council shall be elected at large. The
candidate receiving the largest number of votes among the candidates for that seat
shall be elected.
(b) Mayor. The mayor shall be elected at Targe. The candidate receiving a majority of the
votes for mayor shall be declared elected.
(a)(c) Regular elections. Regular city elections shall be held on the second Tuesday in
March of each year in which a council term or mayor's term expires.
(d) Runoff election for mayor. If no mayoral candidate receives a majority in the regular
election, a runoff election limited to the two candidates for mayor receiving the highest
and next highest number of votes in the regular election shall be held no later than 60
days after the regular election.
(b)(e) Special elections. Special municipal elections may be called by the council at
any time for such purposes as are authorized by law.
(f) Effective date of office. Newly elected council members shall take office the next
business day following certification of city regular election returns. The newly elected
mayor shall take office the next business day following certification of the city regular
election returns or runoff election returns as applicable.
(q) Canvassing Board. The Pinellas County Canvassing Board shall serve as the City of
Clearwater's canvassing board, unless otherwise provided by ordinance.
Section 7. Article IX of the City Charter is amended as follows:
ARTICLE IX. - FISCAL MANAGEMENT PROCEDURE
Section 9.01 The city's fiscal management procedure shall be adopted by ordinance
and shall include provisions relating to the operating budget, capital budget, and capital
program, and provide for hearings on the budget, capital budget, and capital program and the
amendment of the budget following adoption.
Section 9.02 Internal auditor.
The city council shall appoint aat will city officer with the title of internal auditor. The
internal auditor shall conduct, or cause to be conducted, financial, compliance, and expanded
scope audits following generally accepted government auditing standards. The internal auditor
shall have access to all records and personnel.
The internal auditor shall be an at -will employee appointed by the city council for a term
of four years and may be reappointed by a majority of the council and may be terminated by a
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super majority of the council. To ensure independence of the audit function and to coordinate
internal audit work with the needs of the mayor and the city council, an audit committee is
hereby established. The audit committee shall be comprised of five (5) voting members; the
mayor or designee, the chair of the city council and three (3) at -large members who shall be
appointed by the city council. The at -large members shall be city residents with expertise in
auditing preferably internal or management auditing and at least two (2) of whom shall be a
certified public accountant or a certified internal auditor; appointments shall be staggered for
terms of three (3) years. The chair of the council shall be appointed as chair of the audit
committee. The audit committee shall perform an evaluation of the internal auditor annually
and present such to the city council.
Section 8. Article X of the City Charter is amended as follows:
ARTICLE X. - TRANSITION SCHEDULE
Section 10.01. - Continuation of former charter provisions.
All provisions of Chapter 9710, Special Acts of 1923, Florida Legislature, as
amended by special law or otherwise, which are not embraced herein and which are not
inconsistent with this charter shall become ordinances of the city subject to modification or
repeal in the same manner as other ordinances of the city.
Section 10.02. - Ordinances preserved.
All ordinances in effect upon the adoption of this charter to the extent not
inconsistent herewith, shall remain in force until repealed or changed as provided herein.
Section 10.03. - Rights of officers and employees.
Except as is specifically provided herein, nothing in this charter shall affect or impair
the rights or privileges of persons who are city officers or employees at the time of adoption.
City council members shall continue to hold their offices until their successors are elected.
Section 10.04. - Pending matters.
All rights, claims actions, orders, contracts and legal or administrative proceedings
involving the city shall continue except as modified pursuant to the provisions of the charter.
Section 10.05. - Schedule.
Except as provided herein, tThis charter shall be in full effect for all purposes on and
after approval by a majority of the electors voting in a valid election to be called for such
purpose, and upon being filed with the secretary of state.
(a) First election. At the time of the adoption of the charter amendments as provided
in Ordinance 9179-18, this charter shall be in effect to the extent necessary in
order that the first election of members of the city council and mayor may be
[GM18-9100-053/222016/1] 14 Ordinance No. 9179-18
conducted in accordance with the provisions of this charter as amended. The
first election shall be held on March 17, 2020. The city council shall prepare and
adopt temporary regulations that are applicable only to the first election and
designed to insure its proper conduct and to provide an orderly transition to the
mayor -council government.
(b) Time of taking full effect. The charter shall be in full effect for all purposes on
and upon the certification of the election results for the mayor and the swearing
in of the mayor.
Section 10.06. - Severability.
If any provision of this charter is held invalid, the other provisions of the charter
shall not be affected. If the application of the charter or any of its provisions to any person or
circumstance is held invalid, the application of the charter and its provisions to other
persons or circumstances shall not be affected.
Section 9. A s p e c i a , referendum election is hereby called and will be held
on November 6, 2018, at -in conjunction a -with the regularly scheduled=ederal, State and
County election for the consideration of the voters of the City of Clearwater for the
proposed question. The itle anc question to appear on the referendum ballot shall be
as follows:
Changing From Council -Manager To Mayor -Council Government, Designating
Mayor as Chief Executive/Administrative Officer.
Shall the Clearwater charter be amended as provided in Ordinance 9179-18 to:
adopt mayor -council government effective 2020; remove mayor from council;
elect by majority vote, not plurality, executive mayor responsible for operations,
budget and employees; provide for mayoral runoffs; provide for mayoral
ordinance veto and council override; eliminate city manager; establish mayor -
appointed city administrator, who will also act as mayor in mayor's absence; start
mayoral term limits; and establish council -directed internal auditor?
Yes For amendment to City Charter
No 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 November 6, 2018.
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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. The
amendments shall be implemented as provided in Article X of the charter.
AUG 0 2 2018
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
AUG 1 4 2018
—ceo'te')C'c to;
George N. Cretekos
Mayor
Approved as to form: Attest:
Liki
Pamela K. Akin
City Attorney
Rosemarie Call
City Clerk
[GM18-9100-053/222016/1] 16 Ordinance No. 9179-18