ORDINANCE #19-02 What you will be voting on in the April 2019 Election

ORDINANCE #19-02

AN ORDINANCE OF THE TOWN OF WHITE SPRINGS, FLORIDA, AMENDING THE CHARTER OF THE TOWN OF WHITE SPRINGS FLORIDA BY AMENDING SECTION 2.02 (A) AND 2.02 (B) OF THE CHARTER TO PROVIDE FOR YEAR TERMS OF OFFICE FOR EACH COUNCIL MEMBER WITH BI-ANNUAL ELECTIONS AND TO PROVIDE THAT CANDIDATES DESIGNATE THE COUNCIL SEAT FOR WHICH THEY WILL RUN.

 

BY AMENDING SECTION 2.05(a) (2) OF THE CHARTER TO PROVIDE RELAXING THE PROCEDURE FOR WHICH ALL COUNCIL MEETINGS ARE GOVERNED.

BY AMENDING SECTION 4.01 OF THE CHARTER TO PROVIDE FOR FOUR YEAR TERMS OF COUNCIL MEMBERS;

BY AMENDING 4.06 (a), (b), AND (c) OF THE CHARTER TO PROVIDE FOR THE DETERMINATION OF ELECTION RESULTS DUE TO AMENDMENTS TO 2.02 (a) AND 2.02 (b) OF THE CHARTER;

BY AMENDING SECTION 5.01 (o) OF THE CHARTER TO PROVIDE AN OFFICE OF DEPUTY CLERK AND SECTION 5.01 (o) TO PROVIDE FOR THE DUTIES OF THE DEPUTY CLERK;

BY AMENDING SECTION 11.06 OF THE CHARTER TO PROVIDE THAT CHANGES IN THE CORPORATE BOUNDARIES OF THE TOWN OF WHITE SPRING, FLORIDA BE DEFINED BY ORDINANCE AND THAT APPENDIX A DESCRIBING THE CORPORATE LIMITS OF THE TOWN BE DELETED;

CALLING FOR A SPECIAL REFERENDUM ELECTION ON APRIL 23, 2019; AND PROVIDING AN EFFECTIVE DATE

(A) The Charter of the Town of White Springs, is hereby amended as follow:

(1) Section 2.02 of the Charter of the Town of White Springs Florida is hereby amended to read as follows:

Section 2.02 Term of Office

(a)  Election of Council members, Town Council members shall be elected at large, but shall hold a specific seat on the council, and those seats shall be numbered (1) through five (5).  A candidate shall run for no more than one seat in any election and must designate the seat for which they will be qualifying.

The election shall be by majority vote, and in the event no candidate receives a majority for any one seat, a run-off shall be held between the two candidates receiving the largest number of votes.

(b) Term of office.  Each Council member shall be elected for a term of four (4) yearsTerms may be lengthened or shortened to accommodate changes in election dates or terms pursuant to Section 4.06 (a)

(c)  Mayor.  The Town Council shall nominate and elect by majority vote a Mayor from among its members.  The nomination and election shall take place at the first organizational meeting after the regular April election.  The process shall repeat if the Mayor office is vacated permanently.  All Council members shall be eligible for this office.

(d) Vice-Mayor The Town Council shall nominate and elect by majority vote a Vice-Mayor from among its members.  The nomination and election shall take place at the first organizational meeting after the regular April election.  The process shall repeat if the Vice-Mayor office is vacated permanently.  All Council members shall be eligible for this office.

The Vice-Mayor shall act as Mayor during the absence of the Mayor.  In the event the Mayor is temporarily disabled, the Vice-Mayor shall assume the full powers and duties as Mayor until the Mayor returns, in which event no vacancy will be deemed to exist. 

 

(2) Section 2.05 (a) (2) of the Charter of the Town of White Springs Florida is hereby amended to read as follows:

Section 2.05 (a) (2) Rules and Minutes

The Town Council shall follow “Robert’s Rules of Order” Newly Revised, (11th Edition) (Robert’s Rules of Order) as a general guideline   in the conduct of regular and special Town Council meetings.  The Town Council recognizes that Robert’s Rules of Order are not applicable to every procedural matter governing a public official in the the State of Florida and such parliamentary rules shall not govern to the extent inconsistent with Florida Law, The Charter of the Town of White Springs, Florida, the Town Code of Ordinances, and any other procedural rules the Town may adopt from time to time.  Failure to follow or adhere to the procedural rules set forth herein shall not affect the validity of the action taken by the Council.

 

(3) Section 4.01  of the Charter of the Town of White Springs Florida is hereby amended to read as follows:

Section 4.01 Elections

Regular Town elections shall be held on the fourth Tuesday in April in each even numbered year.  Pursuant to Section 4.06 (a), an election shall be held in 2019 to institute the four-year council terms.  Special elections may be called for any purpose by the Town Council provided the election is called for on a Tuesday.  Such election shall conform to the provisions of the general and special law.  Absentee ballots shall be tabulated in the manner provided by law.

Karin’s Comment – Obviously this section was based on the assumption that the majority of the voters shall agree with the 4 year term and all such changes aforementioned.  Technically  and by Law without the voters agreeing to such election changes, the election cannot be held in 2019 for the four year term but in 2020 if everything passes.  Assumptions cannot be made by Attorney Hatton and the Council that all voters shall agree on a four year term.

 

(4) Section 4.06 of the Charter of the Town of White Springs Florida is hereby amended to read as follows:

Section 4.06 Determination of Election Results

(a)  The regular election shall be held on the fourth Tuesday in April in even years as herein set forth

(1)  Commission Seats 2 and 4 shall be filled on April 23, 2019 with the expirations of the terms of those Council members being the fourth Tuesday in April, 2022

(2)  Commission Seats 1, 3, and 5 shall be filled April 28, 2020 with the expirations of the terms of those Council members being the fourth Tuesday in April, 2024.

(b) if required, runoff elections shall be held on the Tuesday two weeks following the election.

(c) All elected municipal officials shall take office at 7:00 PM on the first Thursday following the election or at any other time designated by resolution of the Town Council, at which time they shall be sworn into office by the Mayor or Town Clerk or Town Attorney

Karin’s Comments – Again if the four year term is not voted for in 2019 this is mute.  And furthermore, nothing was stated about the run-off election candidate that is finally chosen two weeks after the election,  to have an opportunity to vote for Mayor or Vice-Mayor, so therefore the Run-off Elected Official has no right to place a vote for whomever will chair and who will be the vice mayor because this states the Thursday after election, the council will choose the Mayor and Vice-Mayor.

 

(5) Section 5.01 of the Charter of the Town of White Springs Florida is hereby amended to read as follows:

Section 5.01 Administrative Department, Town Clerk

There shall be an office of the Town Clerk and an Office of Deputy Town Clerk who shall each serve on a full-time basis.  The powers and duties of the Town Clerk shall be:

(o) The powers and duties of the Deputy Clerk shall be to assist the Town Clerk of their duties and to act as a substitute when the Town Clerk is absent or otherwise occupied.

Karin’s Comments:   Currently Pam Tomlinson, since Shirley Heath resigned as the Town Clerk has the title of Town Clerk and “Finance Director”   Although the “Town Clerk” position is listed under Article V. Administrative Departments Section 5.01 Administrative Department Town Clerk, there is no reference whatsoever to a “Finance Director” and what duties that would specifically entail.  However under (l) of Section 5.01 it states “Be responsible for the supervision of all personnel of the Town Clerk and Accounting Department”.  This would infer that there should be a separate Town Clerk position on a full-time basis and an Accounting Department or person separate of the Town Clerk.

Under Article VI Finance and Taxation such only makes reference to the Town Manager’s duties such as 6.03 submitting the budget.  Since the Town Manager is the CEO of the Town, then as such, she would be considered the Head of Finance and Budget with the accounting department or person assisting her/ him with reports.  This is in accordance with the Charter.  Furthermore finance is an entire different subject matter than “accounting” and the Charter has never been amended to include the appropriate departments / persons.

 

 

 

(6) Section 11.06 of the Charter of the Town of White Springs Florida is hereby amended to read as follows:

 

Section 11.06 Corporate Boundaries.

 

The corporate boundaries of the Town of White Springs shall remained fixed and established as they exist on the date this Charter takes effect, provided that the Town shall have the power to change its boundaries  in the manner prescribed by law.  The Corporate boundaries of the Town of White Springs shall be defined by the ordinance of annexation having the latest effective date.

 

(8)  The proposed amendments to the Charter of the Town of White Springs, Florida contained in division (A) above, shall be submitted to the electors of the Town of White Springs, Florida at an election which is hereby called for April 23, 2019, and if approved by the election by a majority of said electors so voting, shall be effective for implementation as of the date of this election.

(C) The questions on the ballot which shall be submitted to the electors of the Town of White Springs, Florida, at the election to be held April 23, 2019, shall appear as follows.

AMENDMENT

NUMBER

ONE         tHAT sECTION 2.02 (A) OF THE tOWN cHARTER BE AMENDED TO PROVIDE THAT ELECTIONS FOR tOWN cOUNCIL mEMBERS BE AT LARGE FOR EACH SEAT AND THAT EACH CANDIDATE FOR ELECTION DESIGNATE WHICH SEAT THEY ARE TO QUALIFY AND RUN FOR.  eACH ELECTION SHALL BE BY MAJORITY VOTE AND IN THE EVENT NO CANDIDATE RECEIVES A MAJORITY FOR ANY ONE SEAT, A RUN-OFF ELECTION SHALL TAKE PLACE BETWEEN THE TWO CANDIDATES RECEIVING THE LARGEST NUMBER OF VOTES FOR THAT SEE

________________  FOR

________________   AGAINST

 

AMENDMENT

NUMBER

TWO     That Section 2.02 (b) of the Town Charter be amended to provide that each Council member shall be elected to a term of four (4) years.

________________  FOR

________________   AGAINST

 

AMENDMENT

NUMBER 

Three      That Section 2.05 (a) (2) of the Town Charter be amended to provide for additional procedures as guidelines when conducting regular and special Town Council meetings beyond Robert’s Rules of Order.  The Town Council recognizes that Robert’s Rules of Order are not applicable to every procedural matter governing a public official, and that other procedural rules consistent with Florida law may be adopted from time to time.

________________  FOR

________________   AGAINST

 

AMENDMENT

NUMBER

FOUR    That Section 4.01 of the Town Charter be amended to provide that regular town elections be held on the fourth Tuesday of April in each  even numbered year to accommodate the four-year terms for Council members.  Section 4.01 also provides that an election for some seats on the council be held in 2019 to institute the four-year terms.

________________  FOR

________________   AGAINST

 

AMENDMENT

NUMBER 

FIVE           That Section 4.06 of the Town Charter be amended to provide for the institution of four year terms by holding elections for seats 2 and 4 on April 23, 2019 with expirations of those terms to be in April, 2022 and holding elections for seats 1, 3 and 5 on April 28, 2020 with expiration of those terms to be in April, 2024; to provide for runoff elections if required, and to provide that all elected officials be sworn into office at 7:00 PM on the first Thursday following the election, or at any other time as designated by resolution of the Town Council.

 

AMENDMENT

NUMBER

SIX      That Section 5.01 of the Town Charter be amended to provide for a full-time Office of Deputy Town Clerk, who shall assist the Town-Clerk in their duties and act as a substitute when the Town Clerk in (s/b “is”) absent or otherwise occupied.

________________  FOR

________________   AGAINST

 

AMENDMENT

NUMBER

SEVEN  That Section 11.06 of the Town Charter be amended to provide that the Corporate Boundaries of the Town of White Springs, Florida be defined by the ordinance of annexation having the latest date and that Appendix A to the Charter be deleted.

________________  FOR
________________   AGAINST

 

D.  EFFECTIVE DATE

This ordinance shall be effective immediately upon adoption and the changes to the Town Charter as herein provided shall become effective as to each amendment which is approved by a majority of the town electors voting in the election and to be held pursuant to the provisions of division (8) above. 

 

PASSED on first reading February 12, 2019

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