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Home My WebLink AboutCity of Tamarac Ordinance O-2009-0101 CI 11P. kit U. ffL 10/- October 8, 2009 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2009- j0 AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES, ENTITLED "ADMINISTRATION", BY SPECIFICALLY CREATING ARTICLE II, SECTION 2-35, TO BE ENTITLED "VACANCY IN CANDIDACY FOR MEMBER OF CITY COMMISSION"; PROVIDING A MECHANISM FOR FILLING A VACANCY IN CANDIDACY FOR THE CITY COMMISSION PURSUANT TO SECTION 166.031, F.S; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031(6), F.S., requires municipalities, by ordinance or charter provision, to establish 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; and WHEREAS, the City Commission seeks to implement a process which will ensure confidence in the electoral process; and WHEREAS, the City Commission further hopes to ensure that all eligible individuals seeking to run for public office have an equal opportunity to do so; and WHEREAS, the process that the City Commission is adopting pursuant to this ordinance is consistent with procedures utilized by other municipalities within Broward County; and WHEREAS, the City Commission finds the adoption of this process pursuant to Section 166.031(6), F.S., to be in the best interests of the citizens and residents of the City of Tamarac. CODING: Words in stFikethrough type are deletions from existing law; Words in underlined type are additions. SSG/JGH CADocuments and Settings\tinawMLocal Settings\Temporary Internet Files\Content.Outlook\NNHM5EP3\TO2182 Vacancy in Candidacy.doc r.. — . October 8, 2009 Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are hereby incorporated herein and made a part hereof. Section 2. Chapter 2, entitled "Administration", of the Code of Ordinances of the City of Tamarac shall be amended by specifically creating Section 2-35, to be entitled "Vacancy in Candidacy for Member of City Commission", as follows: Sec. 2-35.Vacancy in candidacy for member of city commission. (a) If the death, withdrawal or removal from the ballot of a qualified candidate or a member of the governing body occurs after the close of registration for candidates for this office, and if the death, withdrawal or removal leaves fewer than two candidates for that office, and at least 45 days remain before the election, the qualifying period for that office shall be reopened for a period of five days following the date the vacancy occurs. All qualified candidates registered during that period shall be placed on the ballot at the general municipal election along with the remaining candidate. The city clerk shall promptly post notice at the city hall in a conspicuous place of the reopening of registration period. The city clerk, shall, in conjunction with procedures established by the supervisor of elections of Broward County, Florida, make a bona fide attempt to contact all persons requesting absentee ballots so as to advise such absentee voters of the death, withdrawal or removal from the ballot of a qualified candidate or city commissioner. The procedures set forth in subsection (e) hereinafter, shall also apply. (b) If the death, withdrawal or removal from the ballot of a qualified candidate for city commissioner occurs and there is less than 45 days before the election, the election for that specific office shall be delayed by not less than 45 nor more than 60 days, at which time a special municipal election for that office only shall take place. Qualifying shall be re -opened for a period of five (5) days beginning the day after the vacancy occurs. The city clerk shall promptly advertise at least one (1) notice of the rescheduled election and reopening of registration in a newspaper of general circulation in the city. The notice shall be at least a quarter page CODING: Words in strike threugh type are deletions from existing law; Words in underlined type are additions. SSG/JGH CADocuments and Settings\tinawh\Local Settings\Temporary Internet Files\Content.Outlook\NNHM5EP3\TO2182 Vacancy in Candidacy.doc I emp. Urd. #2182 October 8, 2009 Page 3 display advertisement appearing at least ten (10) days prior to the rescheduled election date. (c) Any remaining candidate for that office shall not be required to re - qualify for an election or pay a second qualifying fee. Any remaining candidate shall not be declared an unopposed candidate under Ch. 106, F.S., unless no additional candidate qualifies for election during the supplemental qualifying period. Any remaining candidate may continue to accept contributions pursuant to Ch. 106, F.S., or until they are declared unopposed. If they are declared unopposed pursuant to this section, then within ten (10) days after the close of the supplemental qualifying period the special election shall be canceled. The unopposed candidate shall be declared elected at an organizational meeting of the city commission pursuant to the City Charter and Code of Ordinances and the oath of office shall be administered at that time. (d) The filing of campaign expense statements pursuant to Ch. 106, F.S., by candidates in a special election called under subsection (b), including the remaining candidate, shall not be later than such dates as fixed by the city clerk. (e) If a special election is called pursuant to subsection (b), and other candidates qualify for election during the supplemental qualifying period, supplemental absentee ballots for the special election shall be mailed to any absentee voter who was mailed an absentee ballot for the regular election as well as provided to other voters who properly request them. If an absentee voter returns the initial ballot he was mailed, his vote for that office for which the special election was called shall be null and Void; but his votes on all other offices and issues shall be counted. _ (f) Should vacancies in candidacy which leave no candidate remaining for the office of a member of the governing body occur less than six (6) days before the election, a special municipal election shall be called by the governing body, which election shall be conducted in accordance with the procedures set forth in this section and Article IV of the Charter. Section 3. It is the intention of the City Commission of the City of Tamarac that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may CODING: Words in StFil ug-h type are deletions from existing law; Words in underlined type are additions. SSG/JGH CADocuments and Settings\tinawMI-oval Settings\Temporary Internet Files\Content.Outlook\NNHM5EP3\TO2182 Vacancy in Candidacy.doc 1GII1P. VIU. tt4IUL October 8, 2009 Page 4 be renumbered, re -lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 4. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not effecting the remaining portions or applications remaining in full force and effect. Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall become effective immediately upon adoption. PASSED, FIRST READING this 7` day of &L!rJ14ti , 2009. PASSED, SECOND READING this -KO day of C �!'��Z�`�'� -� , 2009. BY: 94 14 Z� �- I ATT MAYOR BETFrTALABtSCO 6 � RECORD OF COMMISSION VOTE: 1ST Reading MARION SWI NSON, CM CITY CLERK MAYOR TALABISCO q�-f DIST 1: COMM BUSHNELL DIST 2: V/M. ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER&17 I HEREBY CERTIFY that I have approved this ORDINANCE as to form: RECORD OF COMMISSION VOTE: 2ND Reading MAYOR TALABISCO DIST 1: COMM BUSHNELL UEL S. GOREN DIST 2: V/M. ATKINS-GRAD �,,i'OTY ATTORNEY DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER�'' CODING: Words in stF+lEe thmugh type are deletions from existing law; Words in underlined type are additions. SSG/JGH CADocuments and Settings\tinawhlocal Settings\Temporary Internet Files\Content.Outlook\NNHM5EP3\TO2182 Vacancy in Candidacy.doc