5758-95 09PINA110E NO. 5758-95
ANN ORDINANCE OF THE CITY OF C E&RTAI T E ,
F'LOR;I)Ik} SUBMITTING TO THE CITY ELE"TOR.;S
PROPOSED 4ENDI MENT'S TO THE ,...,117' (_`H�Uff ER;
M N g I
II RTICl..E PROVIDE FOR THE
AF OIN.0 TENT OF THE VICE-MAYOR AS IMAYOR-
CO4MISSIONER DURING THE TEMPORARY ABSENCE OF
THE 'FOR-COMI,SSIONER.; AMEND THE PROVISIONS
R L=. TI1'4G TO FORFEITURE OF OFFT.CF By COMMISSION
S 'OR FILLING
MEMBERS; AIVIEND THE METHOD E
COMMI S.'3 I ON VACANC T S a REMOVE THE REQUIREMENT
THAT COMMISSION SAIj RY INCREASES BE ?��OPTEIJ-
SIX MONTHS BEFORE THE REGULAR ELECTION'; PERMIT
ANY C()� 4ISSIONER TO CAI LL FOR A SPECIAL MEETING
OF THE COMMISSION DELETE THE REQUIREMENT OF A
ROLL CALL, VOTE ON 0R INAj�*DES AND RESOLUTI rdS;
E CO�ISSIONCTLARIEY LANGUAGE CONCERNING ;
ACTION 3; PROVIDING FOR A R.F,FEPE'NDM4 ELECTION;
PROVIDING FOR AN EFFECTIVE EA'IE,
BE IT ORDAINED BY THE CITY C0± MISSION Off' TIDE,
CITY OF C"LEARWAI ER., FLORIDA:
Section 1 . It is hereby proposed that Section 2 . 04 of the
City Charter be amended as follows
Sec. 2 .,04 . Compensation and expenses
The commission may determine the annual salary of
commissioners and the mayor-commissioner by ordinance, but the in
ordinance increasing such salary shall riot 'become effective until
the date of
the -next regular electio
_ Co rmissioners
shall receive t1-Leir actual and necessary expenses incurred in the
performance of their duties of office .
Section 2 . it is hereby proposed that Section 2 . 05 of the
City Charter be amended as follows -
Sec. 2 .05 . Mayo — issioner, functions and powers
The mayor--commissioner shall pre-side at all meetings of the
commission, perforce. such other duties consistent with the office as
may be imposed by the commission and this charter and shall have a
voice and a: vote in the proceedings of the commission, but no veto
-power. The mayor-commissioner may use the title of mayor in any
case in which the execution of legal instruments in writing or
other necessity arising from the general laws of the State of
Florida, the statutes or executive orders of the government of the
United. States, or this charter so require; but this shall not be
considered as conferring upon the mayor- commissioner administrative
duties except as, 21°e.'Tui red to carry out the res onsibil.iti.es stated
in this charte,-, M.ae mayor-commissioner shall be recognized as the
official head of the city by the -Courts for the service of proces
by the governor, for purposes of military law, and for all
ceremonial P u.5. S)es ...
At the second ev'enin. commission �teeting in Apr J 1 of each
year, the commission shall elect one of its members as vice-mayor.
The vise--mayor shall act as mayor-commissioner during the ten ip ary
absence or irability of the mayor-commissioner to erfo m the
duties of the office of the mayor .
Section 3 It is hereby proposed. that Section 2 . 07 (b) of the
City Charter! be ��t ended as follows
Sec . 2 . 07 . Vaco :Lcies; forfeiture of office; filling of vacancies.
advisory boards
(b)' Fdrfe t Lire of office. A commission member shall. forfeit
such office if such member:
1. Lacks at any time during the teen of such office any
qualilEication for the office prescribed by this charter or by law,
2 . Is convicted of a felony or a crime involving moral.
turpitude, or
3 Fails to attend s-x t-lhr---e consecutive zecuiar meet in s of
the commission, unless such absence is excused by the commission,
or,
4 . Fails to attend t,vexlty- f i v�e joer cent- of the ,ems regular
meetings during a 12---month period whether excused or not .
Section I t is hereby proposed that Sections 2 . 07 (c' of the
City Charter be amended as follows :
(c). FT„ lin'T of vacancies- yc`1 er's seat.
lam. A vacancy in the commission should be fi1.1ed
by maiorlty vote of the remaining ;commission members within :30 days
of the vacancy,, she person so appointed shall serve as a
commission member until]., the next regular or special election. At
such elegtion _ omri �o xer shall be elected to _sere for the
remainder of the _�g d term of office.
2. If tli �cc mm— ssion fa3 1.s to fill. such vacan within 60
days after it oc c;urs, a sDeci_al~ election shall_ be cal-led to fill
the unex i red t e;zj-n.
d_ Yy'T E
Oe
3�.�. Any peg°s appointed to f'l l such a vacancy shall posses
all the qua.1ifica:tions required of a commission member by this
charter and by !aw .
Section 5. It is hereby proposed that Section 2 . 08 of the
City Charter be amended as follows
See. 2 .08 . Procedure.
('a) ! eet, gs.0 The commission shat.' meet regularly at least
once in every month at such times and places as the commission may
prescribe by rule . Special meetings may be herd on call of the
mayor-commissioner,, the city manager, or any commi'ssionerf� and,
whenever practicable, upon no less than hours" notice to each
member and the pu.blio . All meetings shall be public . The city
manager and any coi mi sioner s1lail have the pcwer to cause any item'`
to be .placed on the next compiled agenda.
.
(b) .wales and journal . The commission shall determine its owe
riles and order of business . The city clerk shall keep a journal
of the commission proceedings
(.::) V6tings The vote of each member, of the commissign on
o-dinanc.es and resolutions shall be recorded in the _Journal
. _ c�^;�^�sorrvs"'L-a,....°t°s-e�a.C.lf..l-i.d.....t'n�'�^.'`'g�......^Pb'i^"•-•.g„�°—�gy�,_,^a�rr] ."�'�:d ,
na or ty of -he commission
shall constitute a quorum; but a smaller number may adjourn from
time to time and may compel the attendance of absent members in the
manner and subject to the penalties prescribed by the rules of the
commission.
Except as provided otherwise in this chapter
see".- " --<.. _� .....e� �._._ +-7-•"' s--" __ "� -J .�b"..ii t�c..aa�..:.c.., no action eqf
shall be valid or binding unless adopted by the affirmative vote of
the majority of all commission members .
Sec ion 6 . A ,referendum election is hereby ca I I ed ac-,ra 4 , ,
held on March 1,* ,: 1995 , at the general ;pity ell—,on fo:r the
consideration by the voters of the City y of Clearwater of the
proposed Charter amendments . The questions to appear on the
referendum ballot reflecting the proposed amendments to the Charter
at the regular municipal election scheduled for March 14 , 1995,
shall be as follow A
COMMISSIONERS COMPENS2hTION JAND EXPENSES
3
Shall Section 2 . 04 of the City Charter be amended as
provided in Ordinance 5758-95 to remove the requirement
:hat commission salary increases be adopted six months in
advance of the regular ,ejecti-on, but continue to provide
that no increase shad take effect ;.in.til after the
election?
YES , - For amendment to City Charter
O Against amendment- t o City Cha:rte
VICE-:MAYO
Shall Section 2 . 05 of the City Charter be amended as
provided in Ordinance 5758-95 to provide that the vice-
mayor be elected at the second ev in meeting n Apr i l
and act as mayor-commissioner during the temporary
absence of the mayor-commissioner?
YES For amendment to City Charter
O Against amendment to City Charter
VACANCIES; 1,-�O FTE TAE O. OFFICE
l ` LLI G V CAz CZE
Shall Sections 2 . 07 (b) , & �c) of the Cite Charter be
amended as p-1-ovided in Ordinance 5758-95 to provide for
forfeiture of office by any commission member who misses
259c of the regular commission meetings in a year;
requiring a special election to fill a commission vacancy
if the commission fails to fill a vacancy within 60 days; .
YES - For amendment to City Charter
NO Against amendment to City Charter
LPBCIA MEETINGS AND VOTING PROCEDURES
Shall Section 2 . 08 of the City Charter be amended as
provided in, Ordinance 5758-95 to allow any Commissioner
to call for special meeting of the Commission; to delete
the requi.ren�it�nt for roll tall vote or ordinances and
resolutions and require that the tote of each
commissioner be recorded; and to clarify language
concerning action by the Commission?
YES - For amenfRriant to C it y Charter
O .._- _ Against amendment to City Charter
4
„ eat-lig - . The City Clerk is directed to notify the Pinellas
C-ount: Supervisor f Elections that the refere ndu item pr1ovided
above shad e considered t the elec ti �n to be s:�.� 'A..d on, March 14
x:.. 95 .
Section 8 This ordinance shall takes effect immediately upon
adoption. The a,.i�endment 'to the . City Charter p ovide'd for lhere inc
shall take effect, only upon approval of a majority of the City
electors votina, at. the referendum election on these issues aa�d upon
the filing of the Amended Charter with the Secretary of State.
PASSED FIRST READING Janua.y 5, 1995
PASSED ON SECOND AND r INAli
P I G``,STD; ADOPTED` �� ����� � 9, ����
klita Garvey
Mayor-Commissioner
Attest :
City 'Z. ler]
Approved as to form and
legal suf ieienc :
Pamela K. Akin
City Attorney
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