Item tl5

Item #5
COMMITTEEMEMORANDUM
COMMITTEE MEMORANDUM

COMMITTEE:
COMMITTEE: Committeeofofthe
Committee the Whole
Whole

FROM:
FROM: Alvin G. Co

DATE:
DATE: September 21, 2009

SUBJECT:
SUBJECT: Proposed City
Proposed City Charter
Charter Ballot
Ballot Ordinance
Ordinance

RECOMMENDATION:
RECOMMENDATION:
That City
That City Council
Council adopt
adopt the
the proposed
proposed ordinance
ordinance scheduling
scheduling aa special
special election
election on
on November
November
24, 2009,
24, 2009, for
for aa vote
vote by
by the
the electors
electors of
of the
the City
City on
on aa proposed
proposed newnew Charter
Charter for
for the
the City
City of
of
Pensacola.
Pensacola.

SUMMARY:
SUMMARY:
At the
At the City
City Council
Council meeting
meeting of of September
September 10, 10, 2009,
2009, the
the Pensacola
Pensacola City
City Council
Council voted
voted
unanimously to "send the draft charter to the voters as amended." The action
unanimously to "send the draft charter to the voters as amended." The action of Council of Council
now requires
now requires development
development of of language
language that
that can
can bebe placed
placed on
on aa ballot
ballot as
as adopted
adopted by
by City
City
Council in the form of an ordinance.
Council in the form of an ordinance.

The City
The City Attorney,
Attorney, in in consultation
consultation with
with the
the Cardwell
Cardwell Law Law Firm,
Firm, has
has developed
developed ballot
ballot
language that directs voters to the proposed ordinance as the issue being voted
language that directs voters to the proposed ordinance as the issue being voted upon based upon based
upon the
upon the assumption
assumption the the electorate
electorate isis informed.
informed. The The reasoning
reasoning behind
behind the
the simplistic
simplistic
approach isis to
approach to reduce
reduce the
the potential
potential for
for challenge
challenge of
of the
the ballot
ballot language.
language. However,
However, thethe City
City
Attorney has also provided alternative and more detailed ballot language that
Attorney has also provided alternative and more detailed ballot language that meets the "75 meets the "75
word" test.
word" test.

PRIOR ACTION:
PRIOR ACTION: 811 112009
8/11/2009 Workshop on
Workshop on proposed
proposed charter
charter
9/8/2009
9/8/2009 Special Committee
Special Committee of
of the
the Whole
Whole

FUNDING:
FUNDING: Budget:
Budget: -0-
$$ -0-
Actual:
Actual: $64,300
$64,300

FINANCIAL IMPACT:
FINANCIAL IMPACT: N/A
N/A

ATTACHMENTS:
ATTACHMENTS: 1)
1) City Attorney
City Attorney Memorandum
Memorandum
2)
2) The Cardwell Law
The Cardwell Law Firm Firm memorandum
memorandum
3)
3) Proposed ordinance
Proposed ordinance
4)
4)
5)
5)
Alternative ballot
Alternative
Cost
ballot language
estimate -
language
City-wide mail baUol
Cost estimate - City-wide mail ballot fiP '01' PI!

N~

PRESENTATION
ATION: : No

PerfsW&l;9::W
PRESENT No

a
 MEMORANDUM

TO :
TO: Alvin G.
Alvin Coby
G. Coby
City Manager
City Manager

FROM:
FROM: William D. well~
W~lliam D.
City
Clty Attorney
Attorney

DATE:
DATE: September 15, 2009
September 15, 2009

RE :
RE: Proposed Charter
Proposed Charter

have prepared
I have prepared a proposed
proposed ordinance
ordinance for
for your
your review
review and
and
consideration
consideration in placing
in placing onon the
the Council
Council agenda
agenda next
next week.
week. In
In
conferring with
conferring with Supervisor
Supervisor of of Elections
Elections David
David Stafford
Stafford by by
telephone yesterday,
telephone yesterday, I was was informed
informed that
that the
the Council
Council will
will need
need
to adopt
to adopt the
the ordinance
ordinance at at its
its meetings
meetings on on September
September 24 24 and
and
October 8,
October 2009, in
8, 2009, in order
order for
for Mr.
Mr. Stafford
Stafford toto schedule
schedule a mail-in
mail-in
ballot
ballot for
for November
November 24,24, 2009.
2009. If we
we miss
miss this
this date
date sequence,
sequence,
Mr.
Mr. Stafford
Stafford is concerned that
is concerned that because
because of
of the
the holidays
holidays andand staff
staff
schedules,
schedules, it may not
it may be possible
not be possible to to conduct
conduct the the mail-in
mail-in
referendum until
referendum 2010.
until 2010.

Florida Statutes
Florida Statutes (F.S.
(F.S. §101.161)
S101.161) provides
provides for
for the
the referenda
referenda
ballot process.
ballot process. It
It requires,
requires, in
in part:
part:

Whenever
Whenever a constitutional
constitutional amendment
amendment or
or other
other public
public
measure is
measure is submitted
submitted to to the vote of
the vote of the
the people,
people, the
the
substance
substance of such amendment or
such amendment or other
other public measure
public measure
shall
shall bebe printed
printed in in clear
clear and
and unambiguous
unambiguous language
language onon
the
the ballot
ballot after
after thethe list
list of candidates,
candidates, followed
followed byby
the
the word
word "yes"
"yes" andand also
also byby the word "no,"
the word "no," andand shall
shall be
be
styled in
styled in such
such a mannermanner that
that a "yes""yes" votevote will
will
indicate
indicate approval
approval of the the proposal
proposal andand a "nou
"no" vote
vote will
will
indicate
indicate rejection.
rej ection. The The wording
wording of of the substance of
the substance of
the
the amendment
amendment or or other
other public
public measure
measure and
and thethe ballot
ballot
title
title toto appear
appear on on the
the ballot
ballot shall
shall bebe embodied
embodied in in the
the
. . . ordinance.
ordinance. Except
Except for
for amendments
amendments and
and ballot
ballot
language
language proposed
proposed by by joint
joint resolution,
resolution, the
the substance
substance
of the
the amendment
amendment or or other
other public
public measure
measure shall
shall be
be an
an
explanatory
explanatory statement,
statement, not
not exceeding
exceeding 75
75 words
words in
In
length,
length, of the the chief
chief purpose
purpose of thethe measure.
measure.
September 15,
September 15, 2009
2009
Page
Page 2

Our
Our Florida
Florida elections
elections consultant,
consultant, David
David Cardwell,
Cardwell, has
has cautioned
cautioned
that
that a simply
simply stated
stated referendum
referendum question
question will
will be
be less
less subject
subject to
to
judicial
judicial challenge
challenge than
than one
one which
which attempts
attempts toto summarize
summarize a very
very
complicated
complicated measure
measure within
within the
the 75-word
75-word limit.
limit. His
His
recommendation
recommendation has
has been
been to
to adopt
adopt the
the proposed
proposed Charter
Charter by
ordinance
ordinance with
with the
the three
three public
public hearings
hearings it
it will
will receive
receive
(September
(September 10,
10, September
September 24
24 and
and October
October 8) along
8) along with
with the
the
newspaper
newspaper publication which the
publication which the law
law requires.
requires. His
His memorandum
memorandum toto
me on
on this
this matter
matter isis attached.
attached.

So
So that
that the
the City
City Council
Council will
will have
have a more
more informative
informative
alternative
alternative ballot
ballot question
question for
for its
its review
review as
as part
part of the
the
proposed
proposed ordinance,
ordinance, have drafted
I have
I drafted one
one that
that meets
meets the
the 75-word
75-word
limitation.
limitation. Therefore,
Therefore, attached
attached to
to this
this memorandum
memorandum are
are the
the
following
following materials:
materials:

1.
1. Memorandum
Memorandum from
from the
the Cardwell
Cardwell Law
Law Firm.
Firm.

2.
2. The
The proposed
proposed ordinance
ordinance with
with the
the short
short version
version of the
the
ballot
ballot question.
question.

3.
3. The
The longer
longer version
version of the
the ballot
ballot question.
question.

Please advise
Please advise if you
you require
require further
further information
information or
or further
further
materials for
materials for presentation
presentation to
to Council
Council next
next week.
week.
THE CARDWELL LAW FIRM
THE CARDWELL FIRM
DAVID
DAVID E. CARDWELL
E. CARDWELL 7380 SAND
7380 SAND LAKE
LAKE ROAD
ROAD
e-mail: dcardwell@cardwell-law.com
e-mail: dcardweli@cardweli-Iaw.com SUITE 500
SUITE 500
ORLANDO, FLORIDA
ORLANDO, FLORIDA 32835
32835
(407)
(407) 876-6945
876-6945
FAX:
FAX: (407)
(407) 876-4627
876-4627

September 15, 2009

September 2009

MEMORANDUM
MEMORANDUM

TO::
TO William D.
William "Rusty" Wells
D. "Rusty" Wells

FROM:
FROM: David Cardwell
David Cardwell

SUBJECT:
SUBJECT: Proposed Revised
Proposed Revised City
City Charter; Ballot Language
Charter; Ballot Language

This
This is in response
response to your
your request
request that
that I put writing my
put in writing my verbal
verbal recommendation
recommendation
concerning the
concerning the ballot
ballot language
language for
for the
the proposed
proposed revised
revised City
City Charter.
Charter.

There are
There are two
two applicable
applicable state
state statutes
statutes pertaining
pertaining to the
the requirements
requirements for
for a referendum
referendum
consider city charter change. The first
to consider a city charter change. The first is 5166.03 1(1), Florida Statutes (2009),
§ 166.031 (1), Florida Statutes (2009),
which reads
which reads in pertinent
pertinent part:
part:

The governing
The governing body
body of a municipality
municipality may,
may, by ordinance
ordinance......submit the
submit to the
electors of said
electors said municipality
municipality a proposed
proposed amendment
amendment to its charter,
charter, which
which
amendment may
amendment may be to anyany part or to all of said
said charter
charter except
except that
that part
describing the
describing the boundaries
boundaries of such
such municipality.
municipality. The
The governing
governing body
body of the
the
municipality shall
municipality shall place
place the proposed
proposed amendment
amendment contained
contained in the
ordinance ...
ordinance ... to a vote
vote of the
the electors the next
electors at the next general election held
general election
within the
within the municipality
municipality or at a special election called
special election called for
for such
such purpose.
purpose.
(e. s. )
(e.s.)

The other
The statute is 5§ 101.161
other statute (1), Florida
101.161(I), Florida Statutes
Statutes (2009), says in pertinent
(2009), says pertinent part:
part:

Whenever
Whenever a constitutional
constitutional amendment
amendment or other other public
public measure
measure is
submitted
submitted to the
the vote
vote of the
the people,
people, the substance
substance of such
such amendment
amendment or
other public
other public measure
measure shall
shall be printed
printed in clear
clear and unambiguous
unambiguous language
language
ballot after
on the ballot after the
the list of candidates,
candidates, followed
followed by the
the word
word "yes"
"yes" and
also by the
also the word
word "no,"
"no," and
and shall
shall be styled
styled in such
such a manner
manner that a "yes"
"yes"
indicate approval
vote will indicate approval of the proposal
proposal and
and a "no"
"no" vote
vote will indicate
indicate
rejection. The
rejection. The wording
wording of thethe substance
substance of the
the amendment
amendment or other
other public
public
Memorandum
Memorandum
September 15, 2009
September 15,2009
Page of33
Page 2 of

measure
measure and the ballot
ballot title
title to appear
appear on the
the ballot
ballot shall
shall be embodied
embodied in
the joint
joint resolution, constitutional revision
resolution, constitutional revision commission
commission proposal,
proposal,
constitutional
constitutional convention proposal,
convention proposal, taxation
taxation and budgetbudget reform
reform
commission proposal, or enabling
commission proposal, enabling resolution
resolution or ordinance.
ordinance. Except
Except for
amendments and ballot
amendments ballot language
language proposed
proposed by joint
joint resolution,
resolution, the
the
substance of the amendment
substance amendment or other other public
public measure
measure shall
shall be an
explanatory statement,
explanatory statement, not exceeding
exceeding 75 words
words in length,
length, of the
the chief
chief
purpose of the
purpose the measure . .. (e.
measure..... (e.s.)
s. )

The first
The first statute
statute authorizes the governing
authorizes the governing body municipality (i.e.,
body of a municipality (i.e., the
the City
City
Council) to place
Council) place a proposed
proposed change
change in the
the municipality's
municipality's charter
charter on the
the ballot.
ballot. That
That
action is done
action done by ordinance,
ordinance, which
which also
also includes
includes the
the proposed
proposed change.
change. TheThe phrase
phrase "to
all" of such
all" such charter
charter indicates
indicates a revision
revision to a charter
charter versus
versus an amendment
amendment to only only part
part
the charter
of the charter is included
included in the
the statute.
statute. I understand
understand the
the Escambia
Escambia County
County Supervisor
Supervisor
Elections has
of Elections has recommended
recommended the the charter
charter revision
revision referendum
referendum be held November
held on November
24, 2009,
24, 2009, which
which forfor purposes
purposes of the
the Florida
Florida law
law constitutes
constitutes a "special
"special election" since
election" since
1
the regularly
the regularly scheduled
scheduled election November 3, 2009.
election is on November 2009.'

The
The second
second statute
statute above addresses what
above addresses what is to be included
included on on the
the ballot
ballot that
that the
the
elector
elector will
will see
see when
when casting
casting hishis or her vote.
vote. TheThe phrase
phrase "other
"other public
public measure"
measure"
includes
includes a charter change.2 The
charter change.2 The "substance"
"substance" 3 of the
the proposed
proposed public
public measure
measure is to be
printed
printed on the
the ballot
ballot in "clear
"clear and
and unambiguous
unambiguous language."4
language.,,4 The he "substance"
"substance" of thethe
proposal is a statement
proposal statement not exceeding words in length
exceeding 75 words length stating
stating the
the "chief
"chief purpose"
purpose"
of the
the ballot
ballot measure
measure followed
followed by the the words
words "Yes"
"Yes" and and "No."
"No." Prior
Prior to the
the
"substance"
"substance" or summary
summary of the the proposal
proposal there
there shall
shall be a ballot
ballot title
title not exceeding
exceeding 15
words
words in length
length "by which
which the the measure
measure is commonly
commonly referred
referred to or spoken
spoken of."
of." The
The
ballot
ballot question
question title
title and
and substance
substance is to be included,
included, in the the case
case of a charter
charter change
change
placed
placed on the
the ballot
ballot by thethe governing
governing body,
body, shall
shall be included
included in thethe ordinance
ordinance calling
calling
the election.
the election.

the case
In the case of an amendment
amendment to a charter
charter the
the proposed
proposed change
change is customarily
customarily
targeted
targeted to a specific
specific section
section or part
part of the
the charter
charter and
and can
can be identified
identified as such
such and
and
particularly
particularly described.
described. An amendment
amendment as contrasted with a revision
contrasted with revision is a more
more specific
specific
change that
change that can
can usually
usually be easily
easily summarized
summarized in the the substance
substance of thethe proposed
proposed
amendment. A revision
amendment. revision is a change
change to several sections of the
several sections the charter
charter or replaces
replaces the
the
entire
entire charter
charter and
and substitutes
substitutes the
the new
new proposed
proposed charter
charter as the
the new
new charter
charter of the
the city
city
and
and effectively
effectively repeals
repeals the
the old
old charter.
charter.

' Any election

I that is not a general
election that general election
election (1 51
(IstTuesday after the Is'
Tuesday after 51
1 Monday
Monday in November) purposes
November) is for purposes
of the Florida
Florida Election
Election Code
Code a special
special election.
election.
The phrase
2 The phrase "other
"other public
public measure"
measure" has
has been
been given
given a broad
broad interpretation
interpretation to apply
apply to any
any issue
issue placed
placed on a
ballot, e.g.,
ballot, e.g., charter
charter change.
change.
3
3 The substance of the proposal
The substance proposal is a summary
summary of it.
"Clear and unambiguous
4 "Clear unambiguous language"
language" is not defined
defined in the Florida
Florida Election
Election Code.
Code. While
While often
often raised
raised in
challenges to ballot
challenges questions, I am unaware
ballot questions, unaware of any court
court decision that removed
decision that removed a question
question from
from the ballot
ballot
solely
solely on the
the basis
basis of this
this standard.
standard.
Memorandum
Memorandum
September 15, 2009
September 2009
of33
Page 3 of

Because it changes
Because changes several
several parts
parts of or all of the the charter
charter it is much
much more
more
problematic to draft
problematic draft a summary
summary of such such a revision
revision that
that is complete
complete and
and is clear
clear an
unambiguous. In my experience
unambiguous. experience most most summaries
summaries of proposed
proposed charter
charter revisions
revisions have
have
been much
been much more
more brief
brief that
that the
the substance
substance of an amendment.
amendment. The The summary
summary typically
typically
says the
says the proposal
proposal on on the
the ballot
ballot is a revision, i.e., replacement,
revision, i.e., the current
replacement, of the current charter
charter
and
and references
references thethe ordinance
ordinance of the the governing
governing body
body approving
approving it and calling the
and calling the
referendum.
referendum. This This also
also avoids
avoids thethe problem
problem encountered
encountered in attempting
attempting to include
include every
every
substantive change
substantive change contained
contained in the the revision
revision in the
the revision
revision summary
summary forfor the
the ballot.
ballot.
The overt
The overt or inadvertent
inadvertent exclusion
exclusion of a description
description of any any substantive
substantive change
change
contained in the
contained the revision
revision could
could cause
cause a court
court to conclude
conclude that
that the
the substance
substance of the the
revision incomplete and not "clear and unambiguous."
revision is incomplete and is not "clear and unambiguous."

For most
For most public
public measures
measures Florida
Florida is a so-called
so-called notice
notice jurisdiction.
jurisdiction. TheThe text
text
the ballot
on the ballot is merely
merely to direct
direct the
the voter
voter to the
the ballot
ballot question
question and
and adequately
adequately inform
inform
him or her that
him that the
the charter
charter revision
revision is the
the one
one being
being voted
voted on.
on. The courts assume
The courts assume the
the
electorate
electorate is well-informed
well-informed of thethe ballot
ballot question
question and
and does
does not
not need
need such
such a complete
complete
summary printed
summary printed on the
the ballot
ballot so the
the voter
voter can
can make
make up his
his or her
her mind
mind how
how to vote
vote
5
in the polling booth.
the polling booth.'

Therefore, it is my recommendation
Therefore, recommendation thatthat the
the ballot
ballot language
language for
for the
the proposed
proposed
City Charter
City Charter revision
revision should
should be the
the following
following (or
(or something
something similar):
similar):

The revised
The revised City
City Charter
Charter proposed
proposed by the Charter
Charter Review Commission
Review Commission
approved
and approved by Ordinance No.
Ordinance No. __ by the City Council shall
City Council shall be
approved and substituted
approved substituted for the current
current City
City Charter.
Charter.

Yes No
No -

I hope
hope this responsive to your
this is responsive your request
request and
and helps
helps you
you and
and the
the City
City Council
Council
determine the ballot
determine the ballot language
language for
for the
the proposed City Charter
proposed City Charter revision.
revision.

cc: Al
A1 Colby
Colby

DEC/dc

5 The
The Florida
Florida Supreme Court seems
Supreme Court seems to have
have adopted more stringent
adopted a more stringent standard
standard for initiatives.
initiatives. This
This may
may be
based on the Court's
based Court's concern
concern that
that an initiative
initiative may
may not have
have been debated
debated or publicized
publicized as much
much as an
amendment proposed
amendment proposed by the Legislature.
Legislature. Deference
Deference has
has been given to constitutional
been given constitutional amendments
amendments proposed
proposed
by and placed
placed on the ballot
ballot by the Legislature.
Legislature. This
This would
would also
also apply
apply to a ballot
ballot measure
measure placed
placed there
there by
the governing
governing body
body of the municipality, which is in effect
municipality, which effect the local
local government's
government's legislature.
legislature.
 PROPOSED
PROPOSED
ORDINANCE
ORDINANCE NO.
NO.

ORDINANCE NO.
ORDINANCE NO.

AN ORDINANCE
AN ORDINANCE
TO BE ENTITLED:
TO ENTITLED:

AN ORDINANCE
ORDINANCE PROPOSING
PROPOSING A NEW NEW CHARTER
CHARTER FOR FOR THE
THE
CITY
CITY OF PENSACOLA,
PENSACOLA, FLORIDA;
FLORIDA; REPLACING
REPLACING THE
THE
EXISTING
EXISTING CHARTER;
CHARTER; PROVIDING
PROVIDING GENERAL
GENERAL POWERS
POWERS OF
THE
THE CITY;
CITY; PROVIDING
PROVIDING CORPORATE
CORPORATE BOUNDARIES;
BOUNDARIES;
PROVIDING
PROVIDING A MAYOR-COUNCIL
MAYOR-COUNCIL FORM
FORM OF
GOVERNMENT;
GOVERNMENT; PROVIDING
PROVIDING FOR FOR AN ELECTED
ELECTED MAYOR;
MAYOR;
PROVIDING
PROVIDING FOR
FOR A NINE
NINE MEMBER
MEMBER COUNCIL
COUNCIL COMPRISED
COMPRISED
OF TWO
TWO AT-LARGE
AT-LARGE SEATS
SEATS AND
AND SEVEN
SEVEN DISTRICT
DISTRICT SEATS;
SEATS;
PROVIDING
PROVIDING TERM
TERM LIMITS
LIMITS ON ELECTED
ELECTED POSITIONS;
POSITIONS;
SPECIFYING THE SCOPE OF AUTHORITY FOR MAYOR
SPECIFYING THE SCOPE OF AUTHORITY FOR MAYOR
AND
AND COUNCIL;
COUNCIL; PROVIDING
PROVIDING FOURFOUR YEAR
YEAR TERMS
TERMS OF
OFFICE;
OFFICE; PROVIDING
PROVIDING AN ELECTIONS
ELECTIONS PROCESS;
PROCESS;
PROVIDING
PROVIDING A DISTRICTING
DISTRICTING COMMISSION;
COMMISSION; PROVIDING
PROVIDING
FOR RECALL,
RECALL, INITIATIVE
INITIATIVE AND
AND REFERENDUM;
REFERENDUM;
PROVIDING
PROVIDING A CHARTER
CHARTER REVIEW
REVIEW COMMISSION;
COMMISSION;
PROVIDING
PROVIDING CHARTER
CHARTER TRANSITION
TRANSITION PROVISIONS;
PROVISIONS;
REQUIRING
REQUIRING A CODECODE OF ETHICS;
ETHICS; PROVIDING
PROVIDING FOR FOR A
REFERENDUM
REFERENDUM THEREON;
THEREON; REPEALING
REPEALING CLAUSE;
CLAUSE; ANDAND
PROVIDING
PROVIDING AN EFFECTIVE
EFFECTIVE DATE.
DATE.

BE IT ORDAINED
ORDAINED BY THE
THE CITY
CITY OF PENSACOLA,
PENSACOLA, FLORIDA:
FLORIDA:

WHEREAS,
WHEREAS, the Charter
Charter Review
Review Commission
Commission was created
created to review
review the current
current Charter
Charter
of the City
City of Pensacola
Pensacola and make
make recolnmendations
recommendations as to any changes;
changes; and

WHEREAS,
WHEREAS, the Charter
Charter Review
Review Commission
Commission adopted
adopted a revised
revised City
City Charter
Charter at its
meeting
meeting on August
August 19,2009,
19,2009, and recommended
recommended it to the City
City Council;
Council; and

WHEREAS,
WHEREAS, the the City
City Council
Council received
received and considered
considered the revision
revision to the
the City
City Charter
Charter
recommended
recommended by the
the Charter
Charter Revision
Revision Commission;
Commission; and

WHEREAS,
WHEREAS, the City
City Council
Council adopted
adopted the revised
revised City
City Charter
Charter with
with some
some changes
changes at its
meeting
meeting on September
September 10,
10, 2009;
2009; and

WHEREAS,
WHEREAS, the proposed
proposed revision
revision of the City
City Charter
Charter needs
needs to be submitted
submitted to the
electors
electors of the City
City of Pensacola
Pensacola for their
their consideration
consideration and approval
approval before
before becoming
becoming effective;
effective;
NOW,
NOW, THEREFORE,
THEREFORE,
 BE IT ORDAINED
ORDAINED BY THE
THE CITY
CITY OF PENSACOLA, FLORIDA:
OF PENSACOLA, FLORIDA:

SECTION
SECTION 1. The The City
City Council
Council calls
calls for the
the holding
holding of a referendum
referendum of the
the electors
electors of
the
the City
City of Pensacola
Pensacola on November
November 24, 2009,
2009, to consider
consider and vote
vote for or against
against the approval
approval of
the
the revised
revised City Charter as adopted
City Charter adopted by the
the City
City Council
Council on September 2009.
September 10, 2009.

SECTION 2. The
SECTION The referendum
referendum on thethe proposed
proposed revision
revision to the
the City
City Charter
Charter shall
shall be
administered
administered and
and conducted
conducted by the
the Escambia
Escambia County
County Supervisor
Supervisor of Elections.
Elections.

SECTION
SECTION 3. All All duly qualified and registered
duly qualified registered electors
electors of the
the City
City of Pensacola
Pensacola as of the
the
date
date of the referendum shall
the referendum shall be permitted
permitted to vote
vote in the referendum. The
the referendum. The determination
determination of who is
a qualified
qualified registered
registered elector
elector of the
the City
City shall
shall be determined
determined in accordance
accordance with
with applicable
applicable
provisions of the
provisions the current
current City
City Charter
Charter and
and the
the laws
laws of the
the State
State of Florida.
Florida.

SECTION
SECTION 4. The City of Pensacola
The City Pensacola shall
shall reimburse
reimburse the
the Supervisor
Supervisor of Elections
Elections for any
any
costs incurred
costs incurred by that office directly related to the preparation
that office directly related the preparation for, conducting
conducting of, and certifying
certifying
the results
results of the
the referendum
referendum on the proposed
proposed City
City Charter
Charter revision.
revision.

SECTION 5. The
SECTION The language
language to appear
appear on the
the ballot
ballot of the
the referendum
referendum on the
the proposed
proposed
City Charter revisions shall be:
City Charter revisions shall be:

City of Pensacola
City Pensacola
City Charter
City Charter Revision
Revision

The
The revised City Charter
revised City Charter proposed
proposed by the Charter Review Commission
Charter Review Commission and
and
approved
approved by Ordinance
Ordinance No.
No. __ by the City
City Council
Council shall
shall be approved
approved and
and
substituted
substituted for
for the
the current
current City
City Charter.
Charter.

Yes
Yes No

SECTION 6. The
SECTION The appropriate
appropriate officials
officials of the
the City
City shall
shall cause
cause to be published
published in a
newspaper
newspaper of general circulation
general circulation of the City the notices
the City the notices of the
the referendum required by the
referendum required
existing City
existing City Charter
Charter and applicable
applicable Florida
Florida law.
law.

SECTION
SECTION 7. In the the event
event the
the foregoing
foregoing proposal
proposal is approved
approved by a majority
majority of the
the
electors voting
electors voting on the proposal, the following Charter
the proposal, the following Charter for the City of Pensacola shall replace
the City Pensacola shall replace the
existing
existing Charter,
Charter, to-wit:
to-wit:

CHARTER
CHARTER FOR THE CITY
FOR THE OF PENSACOLA
CITY OF PENSACOLA

PREAMBLE
PREAMBLE

2
 We the
We the people
people of the
the City
City of Pensacola,
Pensacola, under
under the
the Constitution
Constitution and lawslaws of the
the State
State of
Florida, in order
Florida, order to secure
secure the
the benefits
benefits of local
local self-government
self-govermnent and to provide
provide for an honest,
honest,
effective,
effective, and accountable
accountable Mayor-Council
Mayor-Council government,
government, do do hereby
hereby adopt
adopt this
this charter
charter and confer
confer
upon the City
upon the City the
the following
following powers,
powers, subject
subject to the following restrictions,
the following restrictions, and prescribed
prescribed by the
the
following
following procedures
procedures and governmental
governmental structure.
structure. By this
this action,
action, we secure
secure the benefits
benefits of home
home
rule and affirm
rule affirm the
the values
values of representative
representative democracy,
democracy, professional
professional management,
management, strong
strong
political
political leadership,
leadership, citizen
citizen participation,
participation, and regional
regional cooperation.
cooperation.

ARTICLE I
ARTICLE
GENERAL POWERS
GENERAL POWERS OFOF THE CITY
THE CITY

Section 1.0l.General
Section 1.01.General Powers
Powers and
and Corporate
Corporate Existence.
Existence.

The
The City
City of Pensacola
Pensacola ("City"), located
located in Escalnbia County, Florida,
Escambia County, shall have
Florida, shall have all
governmental, corporate,
governmental, corporate, and
and proprietary
proprietary powers
powers to enable
enable it to conduct
conduct municipal
municipal government,
government,
perform municipal
perform municipal functions
functions and
and render
render municipal
municipal services,
services, and
and may
may exercise
exercise any
any power
power for
municipal purposes
municipal purposes except
except when
when expressly
expressly prohibited
prohibited by law.
law.

Section
Section 1.02.
1.02. Construction.
Construction.

The powers of the

The powers the City
City under
under this
this Charter
Charter shall
shall be construed
construed liberally
liberally in favor
favor of the
the City,
City,
the specific
and the specific mention
mention of particular
particular powers
powers in the
the Charter
Charter shall
shall not be construed
construed as limiting
limiting in
any way
way the general
general power
power granted
granted in this Article.
Article.

Section 1.03.
Section 1.03. Intergovernmental Relations.
Intergovernmental Relations.

The City
The City may participate by contract
may participate contract or otherwise
otherwise with
with any
any governmental
governmental entity
entity of the
State Florida any other state states the United States America the performance of
State of Florida or any other state or states or the United States of America in the performance
activity which
any activity one or more
which one more of such
such entities
entities has
has the
the authority
authority to undertake.
undertake.

ARTICLE I1
ARTICLE II
CORPORATE BOUNDARIES
CORPORATE BOUNDARIES

Section
Section 2.01.
2.01. Corporate
Corporate Boundaries.
Boundaries.

The
The corporate
corporate boundaries
boundaries of the
the City
City of Pensacola
Pensacola shall
shall remain
remain fixed
fixed and established
established as
they exist
they exist on the
the date
date this Charter
Charter takes
takes effect,
effect, provided
provided that the
the City shall have
City shall have the
the power
power to
change its boundaries
change boundaries in the
the manner
manner prescribed
prescribed by law.
law.

ARTICLE III
ARTICLE I11
ELECTED CITY POSITIONS
ELECTED CITY POSITIONS

Section 3.01.
Section 3.01. Form
Form of Government.
Government.

3
 The City shall
The City shall have
have a Mayor-Council fonn of government.
Mayor-Council fonn government. There
There shall
shall be
be a City
City Council,
Council,
which shall be the governing
which shall governing body
body of the City
City with
with all legislative
legislative powers
powers of the City
City vested
vested
therein,
therein, consisting
consisting of nine Council Members,
(9) Council
nine (9) Members, oneone (1) to be elected
elected from
from each
each of the seven
seven (7)
election districts
election districts of the
the City,
City, and two
two Council
Council Members
Members elected
elected at large
large ("A" There
("A" and "B"). There
shall also
shall also be a Mayor
Mayor who
who is elected
elected at large
large and who
who shall
shall not be a member
member of the City
City Council.
Council.

Section
Section 3.02. Election and
3.02. Election and Terms.
Terms.

The nonpartisan
The nonpartisan primary
primary and general
general election
election of the
the Council
Council Members
Members and the Mayor
Mayor
shall
shall be held
held in the manner
manner provided
provided in Article
Article VI of this
this Charter
Charter and the terms office for
terms of office
Mayor
Mayor and Council Members shall four (4) years
Council Members shall be four (4) years and will commence on the fourth Tuesday in
will commence on the fourth Tuesday
November
November after
after his or her election
election at 12 o'clock
o'clock noon.
noon.

The
The base
base year
year for elections
elections for Council
Council Meinbers districts 2,
Members for districts 2,4,4, 6, one
one at-large
at-large Council
Council
Meinber ("A"),
Member ("A"), and the Mayor shall be 2010,
Mayor shall 2010, and shall
shall be
be for a four-year term. The
four-year term. The base
base year
year for
elections
elections for Council
Council Meinbers
Members for districts
districts 1, 3, 5, 7, and oneone at-large
at-large Council
Council Member
Member ("B")
shall be 2012
shall 2012 and shall
shall be for a four-year term. These
four-year term. These base
base year
year dates
dates are established
established only
only for
the purpose
purpose of scheduling
scheduling elections
elections and staggering
staggering tenns,
tenns, and do not impact impact the tenn
tenn limit
limit
requirements
requirements of Section
Section 3.03.
3.03. Council
Council Meinbers
Members for districts 1, 3, 5, 7, and one
districts 1,3,5,7, one at-large
at-large Council
Council
Member ("B")
Member ("B") elected
elected in 2010
2010 shall
shall serve
serve a two-year
two-year tenn.
tenn. Tenns
Tenns served
served by thethe Mayor
Mayor or a
Council Member
Council Member immediately
immediately preceding
preceding the basebase year
year dates
dates shall
shall not be counted
counted in applying
applying
Section 3.03.
Section 3.03.

Section Limitations of Terms

Section 3.03. Limitations Terms for
for Mayor
Mayor and
and Council
Council Members;
Members; Effective
Effective Date.
Date.

(a) person shall

Mayor. No person
(a) Mayor. shall be elected
elected to serve Mayor for more
serve as Mayor more than
than three
three consecutive
consecutive
tenns on and after
tenns after the
the general
general election
election in November
November 2010.
2010.

((b)
b ) City Members. No person
Council Members.
City Council person shall
shall be elected
elected to serve
serve as a Council
Council Member
Member for
districts
districts 1, 3, 5, 7, and at-large
at-large ("B") for more than three consecutive terms
more than three consecutive terms on and after
after the
general
general election
election in November
November 2012.
2012. No person shall be
person shall be elected
elected to serve
serve as a Council
Council Member
Member
for districts at-large
districts 2, 4, 6, and at-large ("A") for more than three consecutive tenns
for more than three consecutive tenns on and after the
after the
general
general election
election in November
November 201
2010.0.

ARTICLE
ARTICLE IV
MAYOR
MAYOR AND CITY
CITY COUNCIL
COUNCIL

Section 4.01. Mayor.

Section Mayor.

(a) Powers aizd

(a) Powers Duties. The
and Duties. Mayor, who
The Mayor, who shall serve in a full-time
shall serve full-time capacity,
capacity, and shall
shall
exemplify good citizenship
exemplify good citizenship and exhibit cooperative spirit, shall have the following powers and
exhibit a cooperative spirit, shall have the following powers
duties:
duties:

4
 (1) To exercise
(1) To exercise the
the executive
executive powers
powers ofof the City and
the City and supervise
supervise all departments,
all departments,
including, but not limited
including, limited to, the power
power to appoint,
appoint, discipline,
discipline, and remove
remove all officers
officers and
employees,
employees, unless
unless otherwise
otherwise provided
provided in this
this Charter.
Charter.

(2) To
(2) To enforce
enforce the
the charter
charter and
and ordinances
ordinances of
of the
the City
City and
and all
all applicable
applicable County,
County,
State,
State, or federal
federal general
general laws,
laws, special
special laws
laws or ordinances.
ordinances.

(3) To present
present recommendations
recommendations to the City
City Council
Council on the requirements
requirements of its
municipal
municipal government.
government.

(4) To appoint
appoint a City
City Administrator,
Administrator, who
who shall serve at the pleasure
shall serve pleasure of the
the Mayor.
Mayor.

(5) To appoint
(5) appoint a City
City Attorney,
Attorney, with
with the consent
consent of the City
City Council
Council by an
affirmative vote
affinnative vote of a majority
majority of City
City Council
Council Members,
Members, and
and who
who may
may be removed
removed by the
the Mayor
Mayor
with the consent
with consent of the City
City Council
Council by an affirmative
affinnative vote
vote of a majority
majority of the City
City Council
Council
Members.
Members.

(6) To appoint
(6) appoint the
the City
City Clerk,
Clerk, with
with the consent
consent of the City
City Council
Council by an
affinnative
affinnative vote
vote of a majority
majority of the
the City
City Council
Council Members,
Members, and who
who may removed by the
may be removed the
Mayor with the consent
Mayor with the consent of the City Council
the City Council by an affinnative vote
affinnative vote of a majority
majority of the City
the City
Council
Council Members.
Members.

(7)
(7) To appoint
appoint the
the head
head of each
each department,
department, with
with the
the consent
consent of the
the City
City Council
Council
affirmative vote
by an affirmative vote of a majority City Council Members.
majority of City Council Members.

(8) To
(8) To suspend,
suspend, discipline,
discipline, or
or remove
remove aa department
department head
head with
with or
or without
without cause,
cause,
without the
and without the consent
consent of City
City Council
Council Members, unless otherwise
Members, unless otherwise provided
provided for in this
this Charter.
Charter.

(9) To prepare
prepare and submit
submit the annual budget
the annual budget and capital
capital program
program to the City
City
Council.
Council.

(10)
(10) ToTo exercise
exercise aa veto
veto power over ordinances
power over ordinances and and resolutions
resolutions adopted
adopted by
by City
City
Council within
Council five (5) days
within five days of adoption
adoption by City
City Council,
Council, except
except the Mayor
Mayor may
may not exercise
exercise
veto power
veto power over
over (i) an emergency
emergency ordinance
ordinance as defined
defined in Florida
Florida Statutes;
Statutes; (ii) those
those ordinances
ordinances
adopted as a result
adopted result of quasi-judicial
quasi-judicial proceedings
proceedings when
when such
such proceedings
proceedings are mandated
inandated by law;
law;
and (iii)
and (iii) ordinances
ordinances proposing
proposing Charter
Charter amendments,
amendments, which
which the Council
Council is required
required by
by law
law or by
by
this Charter
this Charter to place
place on the
the ballot.
ballot. The
The Mayor
Mayor maymay veto
veto any
any "line
"line item"
item" in a budget
budget or
appropriation ordinance
appropriation ordinance or resolution
resolution within
within five
five (5)
(5) days
days of adoption
adoption by
by City
City Council.
Council. A veto
veto
may be overridden
may overridden only
only by an affinnative
affinnative vote
vote of at least
least six
six (6)
(6) Council
Council Members.
Members.

(11)
(1 1) To attend
attend all meetings
meetings of the
the City
City Council
Council with
with authority
authority to participate
participate in
discussions,
discussions, but without
without power
power to vote.
vote.

(12) To submit
(12) submit to the City
City Council
Council and make
make available
available to the
the public complete
public a complete
report of the finances
report finances and administrative
administrative activities
activities of the
the City
City at the
the end of each
each fiscal
fiscal year.
year.

5
 (13)
(13) To keep
keep the
the City
City Council
Council h l l y advised
fully advised as to the
the financial
financial condition
condition and
and future
future
needs
needs of the City.
City.

(14)
(14) To devote
devote his
his or her entire
entire work
work time
time to the perfonnance
perfonnance of the duties
duties of the
Mayor's
Mayor's office,
office, and hold
hold no other
other elected
elected public
public office
office while
while Mayor.
Mayor.

(15) To determine,
(15) determine, consistent
consistent with
with this
this Charter,
Charter, the organization
organization of the
the City
City
government
government and the
the power
power and duties
duties assigned
assigned to the various
various departments.
departments.

Vacatzcy.
(b) Vacancy.

Vacancy caused
(1) Vacancy caused by by death, resignation, refusal
death, resignation, refbsal of the
the Mayor
Mayor to serve,
serve, removal,
removal,
or for any other
other reason,
reason, shall
shall bebe filled by the
filled by the President
President of City
City Council
Council as Acting
Acting Mayor,
Mayor, who
who
shall
shall serve
serve until
until a successor
successor is appointed
appointed and sworn
sworn in. City
City Council
Council shall
shall fill the vacancy
vacancy by a
majority
majority vote,
vote, and such
such vacancy
vacancy shall
shall be filled
filled within
within thirty
thirty (30)
(30) days
days after
after the vacancy
vacancy occurs.
occurs.
The
The appointed
appointed Mayor
Mayor shall
shall serve
serve the unexpired
unexpired term
term of the previous
previous Mayor
Mayor unless
unless the
the unexpired
unexpired
term
term of the previous
previous Mayor
Mayor is twenty-eight
twenty-eight (28)(28) months
months or longer.
longer. If the unexpired
unexpired term
term is
twenty-eight (28)
twenty-eight (28) months
months or longer,
longer, a person
person shall
shall be elected
elected at the
the next
next general
general election
election to fill
the unexpired
unexpired portion
portion of such
such tenn.
tenn.

The Mayor
(2) The Mayor appointed
appointed by the Council
Council must
must meet
meet the qualifications
qualifications for office
office as
set forth
forth in 6.03 Charter at the
6.03 of this Charter the time
time of appointment.
appointment.

(c) Compensation. The salary

Conlpetzsatiotz. The salary compensation
compensation of the
the Mayor
Mayor shall
shall be set by ordinance,
ordinance,
which shall
which shall take
take effect
effect upon
upon the
the Mayor
Mayor assuming
assuming office
office following
following the
the next
next Mayoral
Mayoral election.
election.

Section 4.02.
Section City Council.
4.02. City Council.

(a)
(a) Powers
Powers and Duties. City
atzd Duties. Council Members
City Council Members shall
shall exemplify
exemplify good
good citizenship
citizenship and
exhibit
exhibit a cooperative
cooperative spirit.
spirit. The
The City
City Council
Council shall
shall have
have the following powers
the following powers and duties:
duties:

(1) To
(1) To legislate
legislate for
for the
the City
City by
by adopting
adopting ordinances
ordinances and
and resolutions
resolutions in
in the
the best
best
interest of all citizens
interest citizens of the
the City.
City.

(2)
(2) To adopt
adopt the
the annual
annual budget
budget and
and all other
other appropriations
appropriations necessary
necessary for efficient
efficient
City government.
City government.

(3)
(3) ToTo inquire
inquire into
into the
the conduct
conduct ofof any
any municipal
municipal office,
office, department,
department, agency
agency or
or
officer and
officer and to investigate
investigate municipal
municipal affairs,
affairs, and
and for that
that purpose,
purpose, may
may subpoena
subpoena witnesses,
witnesses,
administer oaths
administer oaths and compel
compel the
the production
productioii of books,
books, papers,
papers, or other evidence.
other evidence.

(4)
(4) ToTo override
override the
the Mayor's
Mayor's veto
veto of
of an
an ordinance
ordinance or
or resolution
resolution by
by an
an affirmative
affirmative
vote of at least
vote least six
six (6)
(6) Council
Council Members.
Members.

6
 (5) To devote such time
devote such time as is necessary
necessary to the
the perfonnance
perfonnance of City Council duties,
City Council duties,
hold no other
and hold elected public
other elected public office
office or be an employee
employee of the City
City while
while a City
City Council
Council
Member.
Member.

(b) Vacarzcies.
Vacancies.

(1) If a vacancy
vacancy on the the Council
Council is caused
caused byby death,
death, resignation,
resignation, refusal
refusal of any
Council Member
Council Member to serve,
serve, removal
removal of any any Council
Council Member,
Member, thethe moving Council Member
moving of a Council Member
from the
from the district
district from
from which
which the Council
Council Member
Member is elected,
elected, or for any
any other
other reason,
reason, the
the vacancy
vacancy
shall be filled
shall filled for the
the unexpired
unexpired tenn
tenn of the
the vacated
vacated seat
seat by a majority
majority vote
vote of the
the remaining
remaining
Council Members,
Council Members, and such such vacancies
vacancies shall
shall be
be filled
filled within
within thirty
thirty (30)
(30) days
days after
after the
the vacancy
vacancy
occurs. The
occurs. The appointed Council Member
appointed Council Member shall
shall serve
serve the
the unexpired
unexpired tenn
tenn of the
the previous
previous Council
Council
Member unless
Member unless the
the unexpired
unexpired tenn
tenn of the previous
previous Council
Council Member
Member is twenty-eight
twenty-eight (28)
(28) months
months
or longer.
longer. If the unexpired
unexpired term
term is twenty-eight
twenty-eight (28)
(28) months
months or longer,
longer, a person
person shall
shall be elected
elected
at the next
next general
general election
election to fill the unexpired
unexpired portion
portion of such
such tenn.
tenn.

(2) The
The Council
Council Member
Member appointed
appointed by the
the Council
Council must
must meet
meet the qualifications
qualifications for
office
office as set forth
forth in 6.03
6.03 of this
this Charter
Charter at the
the time
time of appointment.
appointment.

Conlpensatiorz. The
(c) Compensation. The salary
salary co~npensation
compensation of Council
Council Members
Members shall
shall be set by
ordinance,
ordinance, which
which shall
shall take
take effect
effect upon
upon the
the Council
Council Member
Member assuming
assuming office
office following
following the
the next
next
Council
Council election.
election.

Section
Section 4.03. City
City Council
Council Procedures.
Procedures.

(a) Meetirzgs. The

(a) Meetings. The City
City Council
Council shall
shall meet
meet regularly least once
regularly at least once every
every month
month at such
such
times and places
times places as the City Council may
City Council may prescribe.
prescribe. Special
Special meetings
meetings may
]nay be held
held on the
the call of
the City
the City Council
Council president
president or thethe Mayor
Mayor or at thethe request
request of three
three (3)
(3) of the City
City Council
Council
Members to the
Members the City
City Clerk
Clerk and,
and, whenever
whenever practicable,
practicable, upon less than
upon no less than twelve
twelve (12)
(12) hours notice
hours notice
each Council
to each Coullcil Member
Member and the the public,
public, or such
such shorter
shorter time
time as the City
City Council
Council president,
president,
Mayor,
Mayor, or three
three (3) City
City Council
Council Members
Members deems
deems necessary
necessary in the event
event of an emergency.
emergency.

(b) Rules
(b) Rules and Mirzutes. The
arzd Minutes. The City
City Council
Council shall
shall detennine
detennine its own
own rules procedure and
rules of procedure
order
order of business,
business, and shall
shall keep
keep minutes
minutes of its proceedings
proceedings that shall
shall be open
open for public
public
inspection.
inspection. The
The City
City Council
Council shall
shall establish
establish procedures
procedures for making
making copies
copies of all resolutions,
resolutions,
ordinances, and this
ordinances, this Charter
Charter available the public
available to the public for inspection
inspection and
and for purchase
purchase at a
reasonable
reasonable price,
price, in conjunction with the
conjunction with the requirements
requirements of Florida
Florida law.
law.

(c) Votirzg
Voting arzd
and Quorum. Voting on ordinances
Qcrorunt. Voting ordinances and resolutions
resolutions shall
shall be by electronic
electronic
tally devices,
tally devices, or by
by such
such other
other means
means as may
may be adopted
adopted by the
the City
City Council.
Council. The
The City
City Clerk
Clerk
Reports of Council
Reports Council Action
Action shall
shall be written
written and pennanently
pei~nanentlyrecorded. majority of the existing
recorded. A majority existing
membership
membership of CityCity Council
Council shall
shall constitute
constitute a quorum;
quorum; but a smaller number may
smaller number may adjourn
adjourn from
from
time to time
time time and may
may compel the attendance
compel the attendance of absent
absent members
members in thethe manner
manner and subject
subject to the
the
penalties prescribed
penalties prescribed by thethe rules
rules of the City
City Council.
Council. No action
action of City
City Council
Council except
except as
otherwise
otherwise provided
provided in the
the preceding
preceding sentence
sentence shall
shall be valid
valid or binding
binding unless
unless adopted
adopted by the
affirmative
affilmative vote
vote of the majority
majority of the existing
existing membership
membership of City
City Council,
Council, except
except that if five
five

7
((5)
5 ) or more
more Council
Council Members
Members are ineligible
ineligible to vote
vote on
on a particular
particular item
item because
because State
State law
requires
requires the Council
Council Members
Members to abstain
abstain from
from voting,
voting, then
then the remaining
remaining Council
Council Members
Members may
may
vote
vote and approve
approve the item una~~imous
item by unanimous vote.
vote.

(d) Veto
(d) Override. The
Veto Override. The City
City Council may, by an affinnative
Council may, vote of at least
affinnative vote least six (6) of
nine (9) City
the nine City Council
Council Members,
Members, override the Mayor's
override the Mayor's veto
veto of an ordinance
ordinance or resolution
resolution at
time prior
any time prior to midnight
midnight on the
the fifth (5th) business
fifth (5"') business day
day after
after the day
day the Mayor
Mayor exercises
exercises the
veto
veto or prior
prior to midnight
midnight on the
the day
day of the
the next
next City
City Council
Council meeting
meeting after
after the
the exercise
exercise of the
the
Mayoral
Mayoral veto,
veto, whichever
whichever last occurs.
occurs.

City Council
If City Council overrides
overrides a veto,
veto, the
the ordinance
ordinance or resolution
resolution shall
shall be effective
effective
immediately
immediately or as otherwise provided therein.
otherwise provided therein. If City
City Council
Council fails
fails to override
override a veto,
veto, the
ordinance or resolution
ordinance shall fail and be of no effect.
resolution shall effect. Ordinances
Ordinances adopted
adopted by City City Council
Council shall
shall
effective unless vetoed
be effective unless vetoed by the Mayor upon the expiration the fifth business day after said
the Mayor upon the expiration of the fifth business day after said
adoption, or shall
adoption, shall be effective
effective upon
upon such
such later
later date
date as may
may be provided
provided therein.
therein. The
The Mayor
Mayor maymay
notify the
notify the City
City Council
Council through
through written
written notice
notice filed
filed with
with the
the City
City Clerk
Clerk that
that he
he or she
she will
will not
veto the
veto the ordinance
ordinance or resolution,
resolution, whereupon
whereupon the the ordinance
ordinance or resolution
resolution may may become effective
become effective
prior
prior the sixth business day after adoption said ordinance resolution the ordinance or
to the sixth business day after adoption of said ordinance or resolution if the ordinance
resolution so provides
resolution provides for
for such
such an earlier
earlier effective
effective date.
date.

(e) President, Vice

( e ) Presiderzt, Vice President
President of of City
City COllncil. The City
Courzcil. The City Council
Council shall
shall elect
elect one
one of its
Members president and another
Members as president another as vice
vice president
president on
on the fourth
fourth Tuesday
Tuesday in November
November of each
each
year. The
year. The CityCity Council
Council may
may remove
remove the the City
City Council
Council president
president or vice
vice president
president by an
affinnative vote
affinnative vote of at least
least five
five (5)
( 5 ) City Council Members.
City Council Members. In the event
event of vacancy
vacancy in the
the office
office
president or vice
of president vice president,
president, the
the City Council shall
City Council elect one
shall elect one of its Members
Members to fill the
remaining term
remaining term of the
the vacant
vacant position.
position. TheThe president
president shall
shall preside the meetings
preside at the meetings of the City
City
Council and
Council and in his
his or her absence,
absence, thethe vice
vice president
president shall
shall preside.
preside. The
The president
president shall
shall perform
perform
duties consistent
the duties consistent with
with the
the office
office and
and as otherwise
otherwise imposed
imposed by thethe City
City Council.
Council.

Section 4.04. Prohibitions.

Prohibitions.

(a) Appointnterzt and

(a) Appointment arzd Rer~toval.
Removal. No individual
individual City
City Council
Council Member
Member shall
shall in any
any
manner
manner dictate
dictate the
the appointment
appointment or removal
removal of any
any administrative
administrative officer
officer or employee
employee whom
whom the
Mayor
Mayor is empowered
empowered to appoint,
appoint, except
except as provided
provided elsewhere
elsewhere in this Charter.
Charter. The
The City
City Council
Council
may, however, express
may, however, express its views
views and fully
fully and freely discuss any
freely discuss any and all matters with
matters with the Mayor
Mayor
pertaining
pertaining to the appointment
appointment and removal
removal of City
City officers
officers and employees.
employees.

Irzterfererzce with
(b) Interference
(b) with Adr~titzistratiorz.
Administration. Except
Except for thethe purpose
purpose of inquiries
inquiries and
investigations
investigations made
made in good
good faith,
faith, the City
City Council
Counciloror Council
Council Members
Members shallshall deal
deal with
with the City
City
officers
officers and employees,
employees, whowho are subject
subject to the direction
direction and
and supervision
supervision of thethe Mayor,
Mayor, solely
solely
through
through the Mayor.
Mayor. Neither
Neither the City
City Coullcil
Council nor
nor Council
Council Members
Members shall
shall give
give orders
orders to any
any such
such
officer
officer or employee,
employee, either
either publicly
publicly or privately.
privately. It is the
the express
express intent
intent of this
this Charter
Charter that
recoinmendations
recommendations for improvement
improvement of municipal
municipal governmental
governmental operations
operations by individual
individual Council
Council
Members be made
Members made solely
solely to and through
through the Mayor.
Mayor.

8
 (c) Holding
Holding otlzer.
other Office.
Office. No elected City official
elected City official shall hold any
shall hold any appointive
appointive City
City office,
office,
City board
City board membership,
membership, or City
City employment
employ~nentwhile
while in office,
office, except
except as may provided by State
may be provided State
law. No former
law. former elected
elected City
City official
official shall
shall hold
hold any
any co~npensated
compensated appointive
appointive City
City office
office until
until one
one
year
year after
after having
having last served
served as an elected
elected official.
official.

ARTICLE V
ARTICLE
APPOINTED
APPOINTED CITY
CITY POSITIONS
POSITIONS

Section 5.01.
Section 5.01. City
City Clerk.
Clerk.

There
There shall
shall be a City
City Clerk
Clerk who
who shall
shall be appointed
appointed by the Mayor
Mayor with
with the consent
consent of the
City Council
City Council by an affirmative
affirmative vote majority of Council
vote of a majority Council Members, whose duties
Members, and whose duties and
responsibilities
responsibilities are as provided
provided for by thisthis Charter.
Charter. Although
Although an appointee
appointee of the Mayor,
Mayor, the
Clerk
Clerk shall
shall serve
serve the entire
entire City
City govemnent.
government. The The Clerk
Clerk shall
shall keep
keep and have
have the care
care and
custody
custody of the books,
books, records, papers, legal
records, papers, legal documents
documents and journals
journals of proceedings
proceedings of the City
City
Council
Council and shall
shall carry
carry out such
such additional
additional duties
duties as may
may be required
required by the Council
Counciloror the
Mayor.
Mayor. The
The City
City Clerk
Clerk may
may be removed
removed fromfrom office
office with
with the
the concurrence
concurrence of the Mayor
Mayor and a
majority
majority of the City
City Council.
Council.

Section
Section 5.02. City Administrator.
5.02. City Administrator.

There shall be a City

There shall City Administrator
Administrator who
who shall
shall be
be appointed
appointed by the Mayor,
Mayor, and
and who
who shall
shall
serve at the pleasure
serve pleasure of the
the Mayor.
Mayor. The
The City
City Administrator
Administrator shall
shall be
be in charge
charge of the
the daily
daily
operations of the
operations the City.
City. Prior
Prior to appointment
appointment by the
the Mayor,
Mayor, the
the City
City Administrator
Administrator shall
shall have
have had
had
relevant management,
relevant management, executive,
executive, or administrative
administrative experience.
experience.

Section
Section 5.03.
5.03. City
City Attorney.
Attorney.

The
The City
City Attorney
Attorney shall
shall serve
serve as the chief
chief legal
legal adviser
adviser to, and shall represent, elected
shall represent, elected or
appointed officials,
appointed officials, boards
boards and commissions,
commissions, and employees
employees in the course scope of their
course and scope their
official duties
official duties or employment,
employment, respectively.
respectively. The City Attorney
The City Attorney shall
shall represent
represent the
the City
City in legal
legal
proceedings
proceedings and shall perform any
shall perform any other
other duties
duties prescribed
prescribed by
by State
State law,
law, by this
this Charter,
Charter, or by
ordinance or resolution.
ordinance resolution. The
The Mayor
Mayor shall
shall appoint
appoint the
the City
City Attorney,
Attorney, with
with the consent
consent of the
the City
City
Council by an affinnative
Council affirmative vote
vote of a majority
majority of City
City Council
Council Members.
Members. The The City
City Attorney
Attorney may
may
removed from
be removed froin office
office with
with the
the concurrence
concurrence of the
the Mayor
Mayor and
and a majority
majority of the
the City
City Council.
Council.

Section
Section 5.04.
5.04. Departments.
Departments.

The Mayor shall

The Mayor shall detennine, consistent with
determine, consistent with this
this Charter,
Charter, the
the organization
organization of the City
City
government
government and prescribe
prescribe the duties
duties and responsibilities
responsibilities assigned
assigned to the various
various departments.
departments.

Section 5.05.
Section City Boards,
5.05. City Boards, Commissions
Commissions and
and Authorities.
Authorities.

9
 (a) Establislzntent.
(a) Establishment. Unless
Unless otherwise
otherwise provided law, City
provided by law, City Council shall establish
Council shall establish or
tenninate by ordinance,
tenninate ordinance, such
such boards,
boards, commissions
coinlnissions and authorities
authorities as it may
may deem
deem advisable
advisable from
from
time to time.
time time.

(b) Membership
(b) Menzberslzip and
and Removal. Unless otherwise
Removal. Unless otherwise provided by law,
provided by law, City
City Council
Council shall
shall
detennine procedures, membership
detennine procedures, membership and re~novalfrom City boards, comlnissions
removal from City boards, commissions and authorities.
authorities.

ARTICLE VI
ARTICLE
ELECTIONS
ELECTIONS

Section
Section 6.01. Nonpartisan
Nonpartisan Elections.
Elections.

nominations and elections

All nominations elections for the
the offices
offices of Mayor
Mayor and City
City Council
Council Member
Mernber shall
shall be
conducted
conducted on a nonpartisan basis.
nonpartisan basis.

Section 6.02.Electors.
Section 6.02.Electors.

Any person who

Any person who is a resident
resident of the
the City,
City, is a qualified
qualified Florida
Florida elector,
elector, and who
who has
has been
been
assigned a voter
assigned registration number
voter registration number by the County
County Supervisor
Supervisor of Elections vote in a City
Elections to vote City
precinct shall
precinct shall be an elector
elector of the
the City.
City.

Section
Section 6.03. Qualifications,
Qualifications, Eligibility,
Eligibility, and
and Filing
Filing Fee.

(a)
(a) Qualifications
Qualificatiotzs and and Eligibility.
Eligibility. Any
Any person
person whowho is a resident
resident of the City,
City, has
has
qualified
qualified as a Florida
Florida elector,
elector, and has has been
been assigned
assigned a voter
voter registration
registration number
number by the County
County
Supervisor
Supervisor of Elections
Elections to votevote in a City
City precinct
precinct not less
less than one (1) year
than one year prior the end of the
prior to the the
qualification period,
qualification period, shall
shall bebe an elector
elector of the
the City
City who
who shall
shall be eligible
eligible to run
run for the office
office of
Mayor and at-large
Mayor at-large Council
Council offices
offices ("A" and "B"), while while a candidate
candidate for a CityCity Council
Council district
district
office must have been a
office must have been resident resident of the declared district for at least
the declared district for least one one (1) year
year prior the end
prior to the
of the qualification
qualification period.
period. If he he or she
she ceases
ceases to possess
possess any any such
such qualifications during his or
qualifications during
tenn office,
her tenn of office, or if he or she violates any express prohibition this Charter, or she
she violates any express prohibition of this Charter, he she shall
shall
forthwith forfeit
forthwith forfeit the
the office,
office, and the the Council
Council shall
shall remove
remove himhim or her from
from office.
office.

(b)
(b) Filing Fee. Each
Filing Fee. Each candidate
candidate shall
shall pay
pay to the qualifying
qualifying officer
officer a filing
filing fee in the
amount
amount of three percent (3%)
three percent (3 %) of the
the annual
annual salary
salary of the office
office of Mayor
Mayor or office
office of Meinber
Member of
City
City Council,
Council, as well
well as an election
election assessment
assessment as provided Florida law.
provided by Florida law.

(c) Detertttinatiotz
Determination ofof Q~lalificatioizs
Qualifications aizd
and Eligibility.
Eligibility. The
The City Clerk shall
City Clerk shall be the judge
judge
of qualifications
qualifications for candidates
candidates for the
the positions
positions of Mayor
Mayor and City
City Council.
Council.

Section Elections Procedures.

Section 6.04. Elections Procedures.

(a) General
(a) General and
and Printary Elections. City
Primary Electiorzs. City Council
Council shall
shall make
make all necessary
necessary arrangements
arrangements
for holding
holding the
the regular
regular City
City elections
elections and shall
shall declare
declare the
the results thereof. The
results thereof. The general
general election
election

10
 contests with
for contests with three
three (3) or more
more candidates shall be held
candidates shall held on thethe date
date of the primary
primary election
election
established
established by general law for election State
general law for election of State and County officers. The runoff election for the
County officers. The runoff election the
two (2)
(2) candidates
candidates receiving
receiving the
the greatest
greatest number
number of votes
votes at the
the primary
primary election,
election, where
where none
none
received a majority,
received majority, shall
shall be held
held on the
the date
date of the
the general
general election
election established
established by general
general law
for election State and County
election of State County officers.
officers. The
The general
general election
election for contests
contests when there are only
when there only
two (2) candidates shall be held
candidates shall the date
held on the date of the general election established
general election established by general
general law for
election of State
election State and County
County officers.
officers.

(b)
(b) Appointments
Appoirztnzerzts by Supervisor
Supervisor of
of Elections. The Supervisor
Electiorzs. The Supervisor of Elections
Elections determines
determines
appointment
appointment of inspectors,
inspectors, clerks
clerks and deputies
deputies of the elections.
elections.

(c) Notice
Notice ofof Elections.
Elections. The City Clerk
The City shall cause
Clerk shall cause a notice
notice of the
the time
time and place
place of
holding
holding all City
City elections
elections to be
be published
published in a newspaper
newspaper published
published in the
the City,
City, for
for at least
least once
once a
week
week for twotwo (2)
(2) consecutive
consecutive weeks
weeks during
during the
the thirty
thirty (30)
(30) days
days prior
prior to the
the beginning
beginning of
qualifying.
qualifying.

(d) One
(d) One Candidate. election for Mayor
Candidate. No election Mayor or for any
any City
City Council
Council office
office shall
shall be
required in any election
required election in which
which there
there is only
only one
one (1) duly qualified candidate
duly qualified candidate for the
the particular
particular
office.
office.

(e) Canvassing Elections shall

Board. Elections
Carzvassirzg Board. shall be conducted
conducted and results
results shall
shall be tabulated,
tabulated,
returned
returned and canvassed
canvassed by County
County election
election officials
officials in accordance
accordance with
with general law. The
general law. The
canvassing
canvassing board
board shall
shall subinit
submit certified
certified election
election results
results to the City
City Clerk.
Clerk. In a City
City election
election
where
where a County
County canvassing
canvassing board
board would
would not be empanelled,
einpanelled, then
then the
the canvassing
canvassing board
board shall
shall
include the Mayor,
include Mayor, if not on the
the ballot,
ballot, and those
those City
City Council
Council Members
Members whowho are not on the
ballot.
ballot.

(f) Ballots.
Ballots. In thethe election, names of all candidates
election, the names qualified for nomination
candidates qualified nomination to the
the
office Mayor the office Member the City Council for each seat shall placed
office of Mayor or the office of Member of the City Council for each seat shall be placed on the
ballot in their
ballot their respective
respective seats alphabetical order,
seats in alphabetical order, and the
the candidate
candidate who
who receives
receives a majority
majority of
votes in the
the votes the election
election for
for a respective
respective seat
seat shall
shall be
be declared
declared elected.
elected.

Section 6.05. Candidate

Section Candidate Qualifying
Qualifying Oath.
Oath.

(a)
(a) Qualifying Oath or Affirmation.
Qualifyirzg Oatlz Any person
Affirmation. Any person who
who is qualified
qualified under
under the
the laws
laws of the
State
State and this Charter
Charter may
may become
become a candidate
candidate for the office
office of Mayor
Mayor or City
City Council
Council by taking
taking
and subscribing
subscribing to an oath
oath or affirmation,
affirmation, and filing
filing the
the same
same with
with the
the City
City Clerk
Clerk during
during business
business
hours
hours during
during the period
period prescribed
prescribed by general
general law for qualification
qualification of candidates
candidates for election
election to
County
County offices.
offices.

Form. The
(b) Fornt.
(b) The form
fmID of the oath
ofthe oath or affirmation shall be as provided
affinnation shall provided by Florida
Florida law.
law.

Section 6.06. Alternative

Section Alternative to Qualifying
Qualifying Fee.

(a)
(a) Petition P~.ocess. In lieu
Petition Process. lieu of paying
paying the
the filing
filing fee
fee prescribed
prescribed by this
this Charter,
Charter, a
candidate for the office
candidate office of Mayor
Mayor or office
office of City
City Council
Council Member
Member may
may have
have his or her name
name

11
placed on the ballot
placed the election
ballot for the co~nplyingwith
election by complying with the petition
petition process
process for qualifying
qualifying as a
candidate
candidate for County
County office
office as prescribed
prescribed by general
general law.
law. No person
person may
may qualify
qualify for election
election as
a write-in
write-in candidate.
candidate.

( b ) Petition
(b) Forms. The
Petition Forms. qualifying officer
The qualifying officer shall
shall provide
provide the candidate with the petition
candidate with petition
format
format to facilitate
facilitate the gathering
gathering of signatures
signatures pursuant
pursuant to this section.
section.

(c) Valid Signatures.

(c) Valid Signatures. The
The candidate
candidate may lnay begin
begin to seekseek signatures
signatures on a petition
petltIOn
supporting
supporting his or her her candidacy once the
candidacy once the requirements
requirements of general
general law
law are met.
met. Only
Only signatures
signatures
of City electors shall
City electors shall be counted toward obtaining the minimum number signatures prescribed
counted toward obtaining the minimum number of signatures prescribed
subsection. Candidates
in this subsection. Candidates for the the office Mayor and at-large
office of Mayor at-large Council
Council offices
offices under
under this
petition process shall obtain the signatures
petition process shall obtain the signatures of a number qualified electors equal
number of qualified electors equal to at least five
least five
percent (5%)
percent (5%) of the
the total
total number
nulnber of registered
registered electors
electors in the
the City,
City, as shown
shown by thethe compilation
compilation
the Supervisor
by the Supervisor of Elections
Elections for thethe most
most recent
recent general
general election
election of the City City Council.
Council. A
candidate for a single-member
candidate single-member district
district position
position shall
shall obtain
obtain the
the signatures
signatures of a number
number of
qualified
qualified electors
electors residing
residing in the district
district for
for which
which the candidate seeks
the candidate seeks election
election equal
equal to at least
least
five percent
five percent (5%)
(5%) of thethe total
total number
nulnber of registered
registered electors
electors in the
the district,
district, as shown
shown byby the
the same
same
compilation.
compilation.

the City
For the City election
election next
next following
following each
each decennial
decennial census,
census, the
the required
required petition
petition
signatures shall
signatures shall be as follows:
follows:

(i) Candidates
Candidates for the office
office of Mayor
Mayor and at-large
at-large Council
Council offices
offices under
under this
petition
petition process
process shall
shall obtain
obtain the signatures
signatures of a nulnber
number of registered
registered voters
voters of the City
ofthe City equal
equal to at
least
least two and one-half
one-half percent
percent (2.5%)
(2.5%) of the population
population of the City
City according
according to the most
most recent
recent
decennial
decennial census.
census.

candidate for the office

(ii) A candidate office of a district
district City
City Council
Council Member
Member under
under this
this petition
petition
process
process shall
shall obtain
obtain the signatures
signatures of a number
number of registered
registered voters
voters residing
residing in the district
district for
which
which the candidate
candidate seeks
seeks election
election equal
equal to at least
least two
two and one-half
one-half percent (2.5%) of the ideal
percent (2.5%) ideal
district population
district population according
according to the mostmost recent
recent decennial
decelmial census.
census. For the purposes
purposes of this
section,
section, the "ideal district
district population"
population" means
means the total
total population
population of the City
City based
based upon
upon the most
most
recent
recent decennial
decennial census
census divided
divided by the number
number of City
City Council
Council districts.
districts.

(d) Verifying
(d) Verifying Names.
Names. Each petition shall
Each petition shall be submitted
submitted to the
the qualifying officer prior
qualifying officer prior to
the deadline
deadline established
established by general
general law.
law. The
The Supervisor
Supervisor of Elections
Elections shall
shall verify
verify the petitions
petitions
according general law. Prior the first date for qualifying, the Supervisor Elections shall
according to general law. Prior to the first date for qualifying, the Supervisor of Elections shall
certify the
certify the number
nulnber of persons
persons shown
shown as registered
registered electors
electors of the
the City, each district,
City, and of each district, for
most recent
the most recent general
general election the City,
election of the submit the
City, and submit the certification
certification to the
the City
City Council.
Council. TheThe
candidate shall,
candidate shall, during
during the timetime prescribed
prescribed for qualifying
qualifying forfor office,
office, submit
submit a copy
copy of the the
certification that
certification that the
the candidate
candidate met
met the
the qualifying
qualifying requirements,
requirements, issued
issued by the qualifying
qualifying officer,
officer,
file his or her qualifying
and file qualifying papers.
papers. UponUpon receipt
receipt of thethe notice
notice and qualifying
qualifying papers,
papers, thethe
qualifying officer
qualifying officer shall
shall certify
certify the
the name
name of thethe candidate
candidate to thethe City
City Council
Council as having
having qualified
qualified
for the office
office sought.
sought.

12
Section 6.07. Commencement
Section 6.07. Commencement of Term
Term of Office.
Office.

The tenn
The tenn of office
office of anyany elected
elected official
official (Mayor
(Mayor or CityCity Council
Council Member)
Member) will
will
commence on the
commence the fourth
fourth Tuesday
Tuesday in November
November after
after his
his or her
her election
election at 12 o'clock
o'clock noon,
noon, at
which time
which time the newly
newly elected
elected official
official shall take an oath
shall take oath of office
office and be installed
installed in office.
office. The
The
commencement
commencement date date for all offices
offices in the City
City election
election shall
shall be the same
same date
date whether
whether the
candidate
candidate is elected
elected during
during the
the primary
primary or general
general election.
election.

In the event
event of a Special
Special Election
Election or other
other election
election other
other than
than the primary
primary or general
general
election,
election, the term
term of office
office of any
any elected
elected official
official will commence
commence on the third
third day
day after
after his her
his or her
election has
election has been
been certified,
certified, at 12 0'
o'clock noon, at which
clock noon, which time
time the newly elected official
newly elected official shall
shall be
given an oath
given oath of office
office and installed
installed in office,
office, or as provided
provided byby State
State law,
law, unless
unless the
co~nlnencement
commencement date date falls
falls on a legal
legal or City
City holiday
holiday in which
which case
case the term
term of office
office will
commence
commence on the the next
next day that is not a legal
legal or City
City holiday.
holiday.

Section 6.08. Council

Section 6.08. Council Districts.
Districts.

(a)
(a) Nzdnzber Districts. There
Number of Districts. shall be seven
There shall seven (7) City
City Council
Council districts.
districts.

Districting
(b) Districting Comnzissiotz;
Commission; Conzpositiotz;
Composition; Appointtizetzt;
Appointment; Ternts;
Terms; Vacatzcies;
Vacancies;
Contpetzsatiotz.
Compensation.

(1) There
There shall
shall be a districting
districting com~nission
commission consisting
consisting of seven
seven (7) members. The
(7) members. The
City Council
City Council shall
shall appoint
appoint one
one (1)
(1) member
member from
from each
each of the
the seven
seven (7)
(7) Council
Council districts
districts of the
the
City.
City.
(2) No member
member of the coln~nission
commission shall
shall be employed
employed by the City
City or hold
hold any other
other
elected
elected or appointed
appointed position
position in the
the City.
City.

The City
(3) The City Council
Council shall
shall appoint
appoint the
the commission
commission no later
later than
than one
one year
year and five
five
months before
months before the first
first general
general election
election of the
the City
City Council
Council after
after each
each federal
federal decennial
decennial census.
census.
The commission's
The commission's tenn
tenn shall
shall end upon
upon adoption
adoption of a districting
districting plan,
plan, as set forth
forth in section
section
6.08(c).
6.08(c).

(4) In the
the event
event of a vacancy
vacancy on the co~nrnission
commission by death,
death, resignation
resignation or otherwise,
otherwise,
the City
City Council
Council shall
shall appoint
appoint a new
new member
member from
from the same
same district
district from
from which
which his or her
predecessor was selected
predecessor was selected to serve
serve the
the balance
balance of the
the tenn
tenn remaining.
remaining.

(5) No member
member of the districting commission
the districting corninission shall
shall be removed from office
removed from office by the
City
City Council
Council except
except for cause
cause and itpoll
upon notice
notice and hearing.
hearing.

(6) The
The members
members of the comnlission
commission shall
shall serve
serve without
without compensation.
compensation.

The commission
(7) The commission may
may hire
hire or contract
contract for necessary
necessary staff
staff assistance
assistance and may
may
require
require agencies
agencies of City
City government
government to provide
provide technical
technical assistance.
assistance. The
The co~n~nission
commission shall
shall have
have
a budget
budget as provided
provided by the
the City
City Council.
Council.

13
 (c)
(c) Powers and
Powers arzd Duties
Duties of tlze Commission;
of the Contnzissiorz; Hearings,
Hearings, Submissions
Subnzissions and
and Approval
Approval of
of
Plarz.
Plall.

(1) Following
(1) Following each
each decennial
decennial census, the colnmissio~l
census, the shall consult
commISSIOn shall consult the
the City
City
Council and the
Council the Supervisor
Supervisor of Elections,
Elections, and shall
shall prepare
prepare a plan
plan for
for dividing
dividing the
the City
City into
into
districts for the
districts the election
election of Council
Council Members.
Members. In preparing
preparing the
the plan,
plan, the
the commission
commission shall
shall be
guided by the
guided the criteria
criteria set forth
forth in section
section 6.08(d).
6.08(d). The
The report
report on the
the plan
plan shall
shall include
include a map
map and
and
description of districts
description districts recommended.
recommended.

(2) The commission shall

The commission shall hold
hold one
one or more
more public
public hearings
hearings not less
less than
than one
one
month before
month before it submits
submits the
the plan
plan to the
the City
City Council.
Council. The
The cominission
commission shall make its plan
shall make plan
available to the
available the public
public for inspection comment not less
inspection and comment less than
than one
one month
month before
before its public
public
hearing.
hearing.

The commission
(3) The commission shall
shall submit
submit its plan
plan to the
the City
City Council
Council not less
less than
than one
one year
year
before the
before the first
first general
general election
election of the
the City
City Council
Council after
after each
each decennial
decennial census.
census.

(4) The plan shall

The plan deemed adopted
shall be deemed adopted by
by the
the City
City Council
Council unless
unless disapproved
disapproved
within
within three
three weeks
weeks by the
the vote
vote of the
the majority
majority of all Members
Members of thethe City
City Council.
Council. If the City
City
Council
Council fails
fails to adopt
adopt the plan,
plan, it shall
shall return
return the plan
plan to the commissioll
commission with
with its objections
objections and
with the objections individual Members
with the objections of individual Members of the Council.
Council.

(5) Upon rejection of its plan,

Upon rejection plan, the
the commission
commission shallshall prepare
prepare a revised
revised plan
plan and
shall
shall submit
submit such
such revised
revised plan
plan to the CityCity Council
Council no laterlater than
than nine
nine months
months before
before the first
general
general election
election of the City City Council
Council after
after the decennial
decennial census.
census. Such
Such revised
revised plan
plan shall
shall be
deemed
deemed adopted
adopted by by the City
City Council
Council unless
unless disapproved
disapproved within
within two
two weeks
weeks by the the vote
vote of two-
two-
thirds
thirds of all the Members
Members of the the City
City Council unless, by a vote
Council and unless, vote of two-thirds
two-thirds of all of its
Members, the
Members, the City
City Council
Council votes
votes to file
file a petition
petition in thethe circuit
circuit court
court in and for for Escambia
Escambia
County, for detennination
County, detennination that that the
the plan
plan fails
fails to meet
meet the
the requirements
requirements of thisthis Charter.
Charter. TheThe City
City
Council shall
Council shall file
file its petition
petition no later
later than
than ten days
days after
after its disapproval
disapproval of thethe plan.
plan. Upon
Upon a final
final
detennination upon
detennination upon appeal,
appeal, if any,
any, that
that the
the plan
plan meets
meets thethe requirements
requirements of thisthis Charter,
Charter, the
the plan
plan
shall be deemed
shall deemed adopted
adopted by the the City
City Council
Council andand the
the commission
commission shall
shall deliver
deliver thethe plan
plan to the
City Clerk.
City Clerk. TheThe plan
plan delivered
delivered to the the City
City Clerk
Clerk shall
shall include
include a map
map and
and description
description of thethe
districts.
districts.

(6) If in any any year

year population
population figures
figures are
are not available
available at least
least one
one year
year and
and five
five
months before
months before the
the first
first general
general election
election following
following the
the decennial
decennial census,
census, the
the City
City Council
Council may,
may, by
local law,
local law, shorten
shorten the
the time
time periods
periods provided
provided for districting
districting commission action in paragraphs
commission action paragraphs (2),
(2),
(4), and (5) of this
(3), (4), this subsection.
subsection.

Districting Plan;
(d) Districting
(d) Plarz; Criteria.
Criteria. In preparation
preparation of its plan
plan for dividing
dividing the City into
City into
districts for the election
districts election of Council
Council Members,
Members, the coinmission
commission shall
shall apply
apply the following
following criteria
criteria
which,
which, to the extent
extent practicable,
practicable, shall
shall be applied
applied and given
given priority
priority in the
the order
order in which
which they
they are
herein
herein set forth.
forth.

14
 (1) Districts
Districts shall
shall be equal
equal in population
population except
except where
where deviations
deviations froin
from equality
equality
result from
result the application
from the application of the provisions
provisions hereinafter
hereinafter set forth,
forth, but no such deviation may
such deviation may
exceed five
exceed five percent (5%) of the
percent (5%) the average
average population
population for all City
City Council
Council districts
districts according
according to the
figures
figures available
available from the most
from the most recent
recent census.
census.

(2) Districts
(2) Districts shall
shall consist
consist of contiguous
contiguous territory;
territory; but land
land areas
areas separated
separated by
waterways
waterways shall
shall not be included
included in the
the same
same district
district unless
unless said
said waterways
waterways are
are traversed
traversed by
highway
highway bridges,
bridges, tunnels
tunnels or regularly
regularly scheduled
scheduled ferry
ferry services
services both
both termini
termini of which
which are within
within
the district, except that,
district, except that, population
population pennitting,
permitting, islands
islands not connected
connected to the
the mainland
mainland or to other
other
islands
islands by bridge,
bridge, tunnel
tunnel or regular
regular ferry
ferry services
services shall
shall be included
included in the same
same district
district as the
nearest
nearest land
land area
area within
within the City.
City.

Consistent with
(3) Consistent
(3) with the
the foregoing
foregoing provisions, the aggregate
provisions, the aggregate length
length of all district
district
boundaries shall
boundaries shall be as short
short as possible.
possible.

(4) To the
(4) extent possible,
the extent possible, consideration
consideration should
should be
be given
given to coordinating
coordinating district
district
lines for the various
lines various public
public offices,
offices, as well
well as precincts.
precincts.

(5) The districts

( 5 ) The districts shall based upon
shall be based upon the principle equal and effective
principle of equal effective
representation as required
representation required by the
the United
United States
States Constitution general law.
Constitution and general law.

Effect of
(e) Effect Etzncthetzt.
of En The new
actn'lent. The new City
City Council
Council districts
districts and boundaries
boundaries as of the date
date of
enactment
enactment shall
shall supersede
supersede previous
previous Couilcil
Council districts
districts and boundaries
boundaries for all purposes
purposes of the next
next
regular
regular City
City election,
election, including
including nominations.
nominations. TheThe new
new districts
districts and boundaries
boundaries shall
shall supersede
supersede
previous
previous districts
districts and boundaries
boundaries for all other
other purposes
purposes as of the the date
date on which
which all Council
Council
Members
Members elected
elected at that regular
regular City
City election
election take
take office.
office.

ARTICLE VII
ARTICLE VII
RECALL, INITIATIVE,
RECALL, INITIATIVE, AND
AND REFERENDUM
REFERENDUM

Section
Section 7.01.
7.01. Recall.
Recall.

Recall of elected
Recall elected officials
officials shall
shall be according
according to the provisions
provisions of state
state law.
law.

Section
Section 7.02. Power of Initiative.
7.02. Power Initiative.

City electors
City electors shall
shall have
have the
the power
power to propose
propose ordinances the City
ordinances to the City Council.
Council. If the City
City
Council fails
Council fails to adopt
adopt an ordinance
ordillatlce so proposed
proposed without
without any
any change
change in substance,
substance, the
the electors
electors
have the power
have power to adopt
adopt or reject
reject the
the proposed
proposed ordinance
ordinance at a City
City election.
election. The
The electors
electors are
are not
empowered to propose
empowered propose ordinances
ordinances that extend
extend to providing annual budget,
providing an annual budget, levying
levying taxes,
taxes, or
setting salaries
setting salaries of City officers or employees.
City officers employees.

Section
Section 7.03. Power of Referendum.
7.03. Power Referendum.

15
 Within
Within sixty
sixty (60) days following
(60) days following the
the effective
effective date
date of a measure
measure passed
passed by City
City Council,
Council,
City
City electors
electors shall
shall have
have the
the power
power to require
require reconsideration
reconsideration by the
the City
City Council
Council of any
any measure
measure
passed
passed by City
City Council.
Council. If the the City
City Council
Council fails
fails to repeal
repeal a measure
measure so reconsidered,
reconsidered, thethe
electors have the power
electors have the power to approve
approve or reject the reconsidered measure
reject the reconsidered measure at a City election. The
City election. The
electors are
electors are not empowered
empowered to reconsider
reconsider measures
measures that extend
extend to providing
providing an annual
annual budget,
budget,
levying
levying taxes,
taxes, or setting
setting salaries
salaries of City
City officers
officers or employees.
employees.

Section
Section 7.04.
7.04. Commencement
Commencement of Proceedings.
Proceedings.

Any ten (1
Any (10) electors may
0) electors may commence
commence initiative
initiative or referendum
referendum proceedings
proceedings by filing
filing with
City Clerk
the City Clerk an affidavit
affidavit stating
stating that they
they will constitute
constitute the petitioners'
petitioners' committee
committee and be
responsible for circulating
responsible circulating the petition
petition and filing
filing it in proper
proper fonn.
fonn. TheThe affidavit
affidavit shall
shall hrther
further
provide their names
provide names and addresses,
addresses, specify
specify the
the mailing
mailing address
address for notices
notices to be sent
sent to the
the
committee,
committee, and fully set forth the proposed initiative
fully set forth the proposed initiative or identify the measure
identify the measure sought sought to be
reconsidered.
reconsidered. Promptly
Promptly after
after the
the petitioners'
petitioners' committee's
committee's affidavit
affidavit is filed,
filed, the
the City
City Clerk,
Clerk, at the
committee's
committee's request,
request, shall
shall issue
issue the
the appropriate
appropriate petition
petition forms
forms to the the committee
committee at the the
committee's expense.
committee's expense.

Section 7.05. Initiative

Section 7.05. Initiative or Referendum
Referendum Petitions.
Petitions.

(a) Number and

(a) Number Signatures. Initiative
arzd Sigrzatures. Initiative and referendum
referendum petitions
petitions must
must be signed
signed by City
City
electors equal
electors equal to at least ten percent
percent (10%)
(10%) of the total number
number of registered
registered electors
electors in the City,
City,
shown by the compilatioll
as shown compilation by the
the Supervisor
Supervisor of Elections
Elections for the
the most
most recent
recent general
general election
election
of the City
City Council.
Council.

((b) Form and

b ) Forr~t arzd Content.
Cotzterzt. All petition
petition papers
papers shall unifonn in size
shall be uniform size and style
style and shall
shall
be printed
printed on separate cards or individual
separate cards individual sheets
sheets of paper.
paper. Adequate
Adequate space
space must
must be provided
provided for
the
the voter's
voter's name, address, signature,
name, address, signature, and datedate of signature.
signature. Petitions
Petitions shall contain or have
shall contain have
attached thereto throughout their circulation the full
attached thereto throughout their circulation the full text text of the ordinance proposed
the ordinance proposed or sought
sought to
reconsidered.
be reconsidered.

(c) Statenterzt
(c) Statement of Circulator.
Circulator. When filed, petItIOns
When filed, shall have
petitions shall have attached
attached a statement
statement
executed
executed by the circulator or circulators of the petitions
the circulator circulators the petitions that that he, she, or they personally circulated
she, they personally circulated
the petitions.
the petitions. The
The statement
statement shall further
further state
state the number
number of signed
signed petitions
petitions submitted
submitted and that
circulator believes
the circulator believes them
them to be the genuine
genuine signatures
signatures of thethe persons
persons whose
whose names
names they
they
purport
purport to be.

(d) Filirzg
(d) Filing Deadlirze.
Deadline. All initiative
initiative and referendum
referendum petitions
petitions must
must be filed
filed with the
the City
City
Clerk
Clerk within
within sixty
sixty (60)
(60) days
days of the
the commencement
comlnencelnellt datedate of the
the initiative
initiative or referendum
referendum
proceedings.
proceedings. TheThe City
City Clerk
Clerk shall
shall submit
submit the
the petitions
petitions to the
the Supervisor
Supervisor of Elections
Elections within
within
three (3) business
three business days
days of receipt
receipt of the
the petitions.
petitions.

Section 7.06.
Section Verification of Petitions.
7.06. Verification Petitions.

The
The petitioner's
petitioner's co~nlnitteeshall submit
committee shall submit the
the completed
completed petitions
petitions to the
the Escambia
Escambia County
County
Supervisor
Supervisor of Elections
Elections for verification
verification as to the
the number
number of registered
registered electors
electors whose
whose valid
valid

16
signatures
signatures appear thereon, along
appear thereon, along with
with any
any fee required
required by general
general law.
law. TheThe Supervisor
Supervisor of
Elections shall
Elections shall make
make a good
good faith effort
effort to verify
verify the signatures
signatures within
within ten (10)
(10) days
days of receipt
receipt of
tlie
the petitions.
petitions. The
The Supervisor
Supervisor of Elections
Elections shall
shall record
record the
the date
date each
each fonn
fonn is received
received by the
Supervisor
Supervisor of Elections,
Elections, and the date the
the date the signature
signature on the fonn is verified
the fonn verified as valid.
valid. The
The
Supervisor of Elections
Supervisor Elections may
inay verify
verify that the the signature
signature on a fonn fonn is valid
valid only
only if (i) the fonn
fonn
contains
contains the
the original signature of the
original signature the elector;
elector; (ii)
(ii) the
the elector
elector has
has accurately
accurately recorded
recorded on thethe form
form
the date
date on
on which
which he or she she signed
signed the
the form;
fonn; (iii)
(iii) the form
form accurately
accurately sets
sets forth
forth the elector's
elector's
name
name and address;
address; and (iv) the elector
(iv) the elector is, at the time he
the time he or she signs the fonn, duly qualified
she signs the fonn, a duly qualified
and registered
registered elector the City.
elector of the City.

Section 7.07. Action

Section Action on Petitions.
Petitions.

(a) Action
(a) Action by City
City Council. When an initiative
Council. When initiative or referendum
referendum petition
petition has
has been
been finally
finally
detennined
determined sufficient, the City Council shall pro~nptly consider the proposed initiative or
sufficient, the City Council shall promptly consider the proposed initiative
reconsider the
reconsider the referred
referred ordinance
ordinance or measure.
measure. If the the City
City Council
Council fails
fails to adopt
adopt a proposed
proposed
initiative
initiative ordinance
ordinance without
without any
any change
change in substance
substance within
within forty-five
forty-five (45)
(45) days
days or fails
fails to repeal
repeal
the
the referred
referred ordinance
ordinance within
within forty-five
forty-five (45)
(45) days,
days, it shall
shall submit
submit the proposed or referred
the proposed referred
ordinance
ordinance to the electors.
electors. If the City Council fails
City Council fails to act on a proposed
proposed initiative
initiative ordinance
ordinance or
referred ordinance
referred ordinance or measure within the
lneasure within the time
time prescribed
prescribed in thisthis subsection,
subsection, the City Council
the City Council
shall deemed to have
shall be deemed have failed
failed to adopt
adopt the
the proposed
proposed initiative
initiative ordinance
ordinance or have
have failed
failed to repeal
repeal
referred ordinance
the referred ordinance or lneasure
measure on the last dayday that the City City Council
Council was authorized to act on
was authorized
the matter.
matter.

(b)
(b) Subnlissiorz Electors. The
Submission to Electors. The vote
vote on a proposed
proposed or referred
referred ordinance
ordinance or measure
lneasure
shall be held not less
shall less than
than thirty (30) days
thirty (30) days or more
inore than
than sixty
sixty (60) days from
(60) days from the date
date the
the City
City
Council
Council acted
acted or was deemed
deemed to have
have acted
acted according
according to section 7.07(a). If there
section 7.07(a). there is not a general
general
election
election to be held within
within the
the described time period,
described time period, the
the City Council shall
City Council provide for a special
shall provide special
election in consultatioii
election consultation with
with the Escambia
Escambia County
County Supervisor
Supervisor of Elections. Otherwise, the
Elections. Otherwise, the vote
vote
shall
shall be held at the same time
the same time as such regular election. Copies
such regular election. Copies of the proposed
the proposed or referred
referred
ordinance
ordinance or measure
measure shall
shall be made
made available
available at thethe polls.
polls. Nothing
Nothing in this
this provision
provision shall
prohibit
prohibit the
the use
use of a Inail
mail ballot
ballot election
election pursuant
pursuant to general
general law.
law.

(c) Witlzdrawal
Withdrawal ofof Petitions.
Petitions. Initiative
Initiative or referendum
referendum petitions
petitions inay
may be withdrawn at any
be withdrawn any
th
time prior
time prior to the
the twenty-fifth
twenty-fifth (25
(25"') day preceding
) day preceding the
the day
day scheduled
scheduled for a vote
vote of the
the City
City by
filing with the
filing tlie City
City Clerk
Clerk a request
request for withdrawal
withdrawal signed
signed by
by at least
least eight
eight (8) of the
the members
members of
the petitioners'
the petitioners' committee.
committee. UponUpon thetlie filing
filing of such
such request,
request, the
the petition
petition shall
shall have
have no further
further
force or effect
force effect and all proceedings
proceedings thereon
thereon sliall
shall be terminated.
tenninated.

Section 7.08. Election

Section Election Results.
Results.

(a) Initiative. If a majority

(a) Initiative. majority of thethe qualified
qualified electors
electors voting
voting on a proposed
proposed initiative
initiative
ordinance vote
ordinance vote in its favor, the initiative ordinance shall be considered adopted upon the
favor, the initiative ordinance shall be considered adopted upon
certification
certification of tlie
the election
election results.
results. If conflicting
conflicting ordinances
ordinances are approved
approved at the same
same election,
election,
the one receiving the greatest number affirmative votes sliall prevail the extent
the one receiving the greatest number of affinnative votes shall prevail to the extent of a conflict.
conflict.

17
 ( b ) Refererzdurrt.
(b) Referendum. If a majority
majority of the qualified
qualified electors
electors voting
voting on a refewed
referred ordinance
ordinance or
measure
measure vote
vote for repeal,
repeal, the referred
referred ordinance
ordinance or measure
measure shall
shall be
be considered
considered repealed
repealed upon
upon
certification
certification of the election
election results.
results.

ARTICLE VIII
ARTICLE VIII
CHARTER REVIEW AND
CHARTER REVIEW AND CHARTER
CHARTER AMENDMENTS
AMENDMENTS

Section. 8.01. Charter

Section. Charter Review
Review Commission.
Commission.

(a) Clzarter
(a) Charter Review
Review Contntissiorz
Commission Establislzed.
Established. During
During the
the month
month of January
January 2022
2022 and
every
every ten (10)
(10) years
years thereafter,
thereafter, there
there shall
shall be established
established a Charter
Charter Review
Review Commission
Commission
("CRC"); provided,
provided, however,
however, that
that the
the City
City Council shall have the power establish a CRC
Council shall have the power to establish CRC more
more
often in the event
often event it so chooses.
chooses.

(b) Composition. Every

( b ) Contposition. Every ten (10) years, the
(10) years, the Mayor
Mayor and City
City Council
Council shall
shall appoint nine
appoint nine
members the CRC. The CRC shall
members to the CRC. The CRC shall be composed
composed of nine members.
nine members. No members the CRC
members of the CRC
shall be elected
shall elected officials.
officials. Each
Each member
member of the CRC CRC shall
shall be
be a City
City resident
resident and elector.
elector.
Vacancies
Vacancies shall
shall be filled
filled within
within 30 days
days in the same manner as the
same manner the original
original appointments.
appointments.

(c) Procedures.
Procedures. TheThe CRC
CRC shall
shall ineet
meet prior
prior to the
the third
third week
week in January
January 2022,
2022, and every
every
(10) years
ten (10) years thereafter,
thereafter, for the purposes
purposes of organization.
organization. The
The CRC
CRC shall
shall elect
elect a Chair
Chair and Vice
Vice
Chair fi-om
Chair from among
among its
its membership.
membership. Further
Further meetings
meetings of the CRCCRC shall
shall be held
held upon
upon the call of
the Chair
Chair or any
any three
three members
members of the CRC. All ineetings
the CRC. meetings shall
shall be open
open to the public.
public. A
majority
majority of the
the members
members of thethe CRC
CRC shall
shall constitute
constitute a quorum.
quorum.

(d)
(d) Rules
Rules arzd
and Contperzsatiorz.
Compensation. The
The CRC
CRC may
may adopt
adopt other
other rules
rules for its operations
operations and
proceedings as it deems
proceedings deems desirable.
desirable. The
The members CRC shall
members of the CRC shall receive
receive no compensation.
compensation.

(e) Experzses. Expenses of the CRC

Expenses. Expenses CRC shall
shall be verified
verified by a majority
majority vote
vote of the
the CRC
CRC and
forwarded to the
forwarded the Mayor
Mayor for payment
payment from
from the
the general
general fund
fund of the
the City.
City. The
The City
City may
may accept
accept
funds, grants,
funds, grants, gifts
gifts and services
services for the
the CRC
CRC from
from the
the State, the County,
State, the the government
County, and the government of
the United
the United States
States or other
other sources,
sources, public private.
public and private.

(f) Review.
(f) Review. TheThe CRC
CRC shall
shall review,
review, on behalf
behalf of the
the citizens
citizens of the City
City of Pensacola,
Pensacola, the
City Charter order recommend amendments this Charter, any.
City Charter in order to recommend amendments to this Charter, if any.

Report and
(g) Report arzd Process.
Process. The The CRC
CRC shall
shall complete
complete its review
review and submit
submit a report
report to the
the
City Council by July
City Council 31, 2022,
July 31, 2022, and every
every ten (10)
(10) years
years thereafter.
thereafter. Included
Included within
within the report
the report
shall be any proposed
shall proposed amendments
a~nendlnentsto the the Charter,
Charter, together
together with
with the
the wording
wording of thethe proposed
proposed
amendments. City
amendments. City Council
Council shall
shall make
make thethe final
final decision
decision as to whether
whether thethe proposed
proposed amendments
amendments
returned to the CRC
are (i) returned CRC forfor further
further review,
review, (ii)
(ii) revised
revised and
and included
included on a ballot,
ballot, (iii)
(iii) included
included
ballot without
on a ballot without change,
change, or (iv)(iv) subject
subject to other
other action.
action. Any
Any such
such amendments
amendments may may be
included on the ballot
included ballot as a single
single question,
question, individual
individual questions
questions or any
any combination either. If
combination of either.
one or more
one proposed Charter
no re proposed amendments are
Charter amendments submitted by the
are submitted the CRC
CRC and the the City
City Council
Council so
chooses, the
chooses, the City
City Council,
Council, in consultation
consultation withwith the
the Supervisor
Supervisor of Elections,
Elections, shall
shall place
place the
the
amendments
amendments on the ballot
the ballot of the general election
the general election to be held
be held in 2022
2022 and every ten (10) years
every ten (10) years

18
thereafter, for the purpose
thereafter, purpose of voting
voting on the proposed
proposed amendments
amendments submitted
submitted by the
the CRC
CRC through
through
City
City Council.
Council. Notice
Notice of said election
election shall
shall be published
published by the City Council. Passage
City Council. Passage of
proposed amendments
proposed amendments shall
shall require
require approval
approval of a majority electors voting
majority of electors voting in said election on
said election
such amendment.
such amendment.

Section 8.02. Charter

Section 8.02. Charter Amendments.
Amendments.

(a) Initiation
Irzitiatiorz by Ordinance. The City
01-dirzarzce. The City Council
Council may
may propose
propose a~nendments
amendments by ordinance
ordinance
to this Charter.
Charter. Upon
Upon adoption
adoption of the
the initiating
initiating ordinance,
ordinance, the
the City
City Council
Council shall
shall submit
submit the
the
proposed
proposed amendment
amendment to a vote vote of the
the electors
electors at the
the next
next general
general election
election held
held within
within the City
City or
at a special
special election
election called
called for such
such purpose.
purpose.

((b) Initiation by Petition.

b ) Irzitiation Petition. TheThe electors
electors of thethe City
City may
may propose
propose amendments
amendments to this
Charter by petition.
Charter petition. Each
Each petition
petition proposing
proposing amendments
amendments to this this Charter
Charter shall
shall be commenced
commenced in
the same manner
the same manner as an ordinance proposed
ordinance proposed by initiative in Article
initiative Article VII VII of this Charter.
Charter. Initiative
Initiative
petitions must
petitions must be signed
signed by City
City electors
electors equal
equal to at least
least ten percent (10%) of the total
percent (10%) total number
number
of registered
registered electors
electors in the
the City,
City, as shown
shown by the
the compilation
compilation by the the Supervisor
Supervisor of Elections
Elections for
the most
the most recent
recent general
general election
election of the
the City
City Council.
Council.

(c) Consistency. Except as additionally

Consisterzcy. Except additionally provided
provided for herein,
herein, the method
method for Charter
Charter
amendments
amendments shall
shall be consistent
consistent with
with State
State law.
law.

ARTICLE
ARTICLE IX
MISCELLANEOUS
MISCELLANEOUS

Section
Section 9.01.
9.01. Code
Code of Ethics.
Ethics.

The City Council

The City Council shall,
shall, upon
upon adoption this Charter,
adoption of this Charter, enact
enact by ordinance
ordinance a Code
Code of
Ethics for all elected
Ethics elected and appointed
appointed officers
officers and employees
einployees of the
the City
City which
which shall
shall set standards
standards
conduct equal
of conduct equal to or stronger
stronger than
than the
the standards
standards of conduct
conduct established
established by law.
law.

ARTICLE X
ARTICLE
SCHEDULE
SCHEDULE

Section
Section 10.1.
10.1. Effective
Effective Date.
Date.

Upoil approval of a majority

Upon approval majority of the electorate
electorate voting
voting at a referendum
referendum on this
this Charter,
Charter, this
Charter
Charter will become
become effective
effective on January 1, 201 0.
January 1,2010.

Section 10.02.
Section 10.02. Ordinances
Ordinances Preserved.
Preserved.

All ordinances
ordinances in effect
effect upon
upon the
the adoption
adoption of this
this Charter,
Charter, to the
the extent
extent not inconsistent
inconsistent
herewith, shall
herewith, shall remain
remain in full force
force and
and effect
effect until
until amended
amended or repealed.
repealed.

19
Section
Section 10.03. Repeal
Repeal of Former
Former Charter
Charter Provisions.
Provisions.

All provisions
provisions in effect
effect prior
prior to the
the effective date of this
effective date this Charter,
Charter, including,
including, but not
limited to the
limited Charter provisions
the Charter contained in Chapter
provisions contained Chapter 15425,
15425, Laws
Laws of Florida
Florida (1931),
(1931), as
amended (the
amended (the fonner
fonner Charter),
Charter), which
which are
are not embraced
embraced herein
herein and which
which are not inconsistent
inconsistent
this Charter
with this Charter shall
shall become
become ordinances
ordinances of the
the City
City subject
subject to modification
modification or repeal
repeal in the
the
same manner
same manner as other
other ordinances
ordinances of the City provided
the City provided that all extra
extra territorial
territorial powers
powers of the City
City
conferred
conferred by special
special act or otherwise
otherwise are
are preserved
preserved and cancan be
be repealed
repealed or modified
modified only
only by
referendum or as otherwise
referendum otherwise provided
provided by law.
law.

Section 10.04. Precedence

Section Precedence over
over Code
Code Provisions.
Provisions.

If a conflict exists between

conflict exists between the
the provisions
provisions of this
this Charter
Charter and the
the Code
Code of Ordinances,
Ordinances, the
the
Charter
Charter provisions
provisions shall control.
shall control.

Section 10.05. Officers

Section Officers and
and Employees.
Employees.

The
The adoption
adoption of this Charter shall
this Charter shall not affect
affect or impair
impair the
the rights,
rights, privileges
privileges or immunities
immunities
of City
City officers
officers or employees
employees at thethe time
time of the
the effective
effective date
date of this
this Charter,
Charter, including rights
including rights
provided pursuant to Chapter
provided for pursuant Chapter 447,
447, Florida
Florida Statutes,
Statutes, and collective
collective bargaining
bargaining agreements.
agreements.
Elected officers
Elected officers shall
shall continue
continue to hold
hold their
their offices
offices for
for the
the tenns
tenns prescribed
prescribed by thethe Charter
Charter in
effect on the
effect the date
date of their
their election,
election, and they
they shall
shall discharge
discharge their
their duties
duties until
until their
their successors
successors are
elected.
elected.

Section Existing Rights,

Section 10.06. Existing Rights, Obligations,
Obligations, Duties
Duties and
and Relationships.
Relationships.

(a) Cotztitzuity. All rights,

(a) Continuity. rights, claims, actions, orders,
claims, actions, orders, contracts and legal
contracts and legal or administrative
administrative
proceedings involving
proceedings involving the
the City
City shall
shall continue
continue except
except as modified
modified pursuant
pursuant to the
the provisions
provisions of
this Charter.
this Charter.

Obligatiotzs. No debt,
(b) Obligations.
(b) debt, contract obligation, or assessment
contract obligation, assessment by the
the City
City shall
shall be
impaired by adoption
impaired adoption of this
this Charter.
Charter. All existing
existing debts,
debts, obligations
obligations and assessments
assessments shall
shall
remain valid
remain valid and enforceable,
enforceable, according
according to their
their tenns,
tenns, under
under the
the Charter
Charter provisions
provisions applicable
applicable at
time the
the time the debt
debt was
was incurred,
incurred, contract
contract signed,
signed, or assessment
assessment imposed.
imposed. All obligations
obligations and
rights arising
rights arising in connection
connection with projects
projects financed
financed under
under fonner
former Chmier
Charter provisions
provisions shall
shall be
unaffected and remain
unaffected remain in full force
force and effect
effect as if the
the borrowing,
borrowing, taxing,
taxing, bonding
bonding or other
other
financing provisions
financing provisions had survived
survived the
the adoption
adoption of this
this Charter.
Charter.

(c) Otlzer Govertzmetzt Units.

Other Government Units. All existing
existing rights,
rights, obligations,
obligations, duties
duties and relationships
relationships by
law or agreement
agreement between
between the
the City
City and other
other governmental
governmental units
units shall
shall be unaffected
unaffected by the
adoption
adoption of this
this Charter
Charter and remain
remain in full force
force and
and effect.
effect.

(d) Commencement of
(d) Contt~zencemtettt Terms for
of Tert~is Year 2010
for Year Electiotzs. The
2010 Elections. tenns for the Council
The tenns Council
Members
Members and Mayor elected in the
Mayor elected the 2010
2010 general
general election
election shall
shall commence
commence at noon
noon on
on the
the second
second
Monday
Monday of January 20111 as provided
January 201 provided for in the fonner City
the fonner City Charter,
Charter, or on
on such
such earlier
earlier date
date as the
the

20
office becomes
office becomes vacant after the 2010
vacant after 2010 general election. This
general election. This provision
provision shall be
be effective
effective solely
solely
the purposes
for the purposes of transition
transition from
from the fonner
fonner City
City Charter
Charter to Section
Section 3.02
3.02 of this
this Charter.
Charter.

Section 10.07.
Section Transition.
10.07. Transition.

The City
The Council shall
City Council shall adopt
adopt such
such ordinances
ordinances and resolutions
resolutions as are required
required to effect
effect the
transition.
transition. Ordinances
Ordinances adopted
adopted within
within sixty
sixty (60)
(60) days
days of the
the first Council
Council meeting
meeting under
under this
this
Charter
Charter for the purpose
purpose of facilitating
facilitating the
the transition
transition may
may be passed
passed as emergency
emergency ordinailces
ordinances
following
following the procedures
procedures prescribed
prescribed by law.
law.

Section 10.08. Severability.

Section 10.08. Severability.

If any section
section or part of a section
section of this
this Charter
Charter shall
shall be held
held invalid
invalid by a court
court of
competent
competent jurisdiction,
jurisdiction, the court
court decision
decision invalidating
invalidating any
any section
section or part of section
section shall
shall not
affect
affect the remainder
remainder of this
this Charter
Charter or the context
context in which
which the
the invalidated
invalidated section
section or part of
section
section may
may appear,
appear, except
except to the
the extent
extent that an entire
entire section
section or part
part of section
section may
may be
inseparably
inseparably connected
connected in meaning
meaning and effect
effect with
with the
the section
section or part of section
section to which
which the court
court
decision
decision may
may directly
directly apply.
apply.

SECTION 8. All ordinances

SECTION ordinances or parts
parts of ordinances
ordinances 111
in conflict
conflict herewith
herewith are hereby
hereby
replealed to the extent
replealed extent of such
such conflict.
conflict.

SECTION 9. This
SECTION This ordinance
ordinance shall
shall take
take effect
effect immediately
immediately upon
upon its adoptioil
adoption by the City
City
Council.
Council.

Adopted:
Adopted~: _

Approved
Approved: : _
Mayor
Mayor
Attest:
Attest:

City Clerk
City Clerk

Legal
Legal in form
form and valid
valid
adopted:
if adopted:

City Attorney
City Attorney

21
 QUESTION
QUESTION

CITY OF PENSACOLA
CITY PENSACOLA
REVISED CHARTER QUESTION
REVISED CHARTER QUESTION

Shall
Shall the City
City of Pensacola
Pensacola
replace its
replace its Charter
Charter with
with a revised
revised
Charter as
Charter as adopted
adopted by Ordinance
Ordinance
No.
No. I providing
providing general
general
municipal
municipal powers,
powers, corporate
corporate
boundaries, a Mayor-Council
boundaries, Mayor-Council form
of government,
government, term limits,
limits, an
elected
elected Mayor,
Mayor, a nine-member
nine-member
Council comprised
Council comprised of two two at-large
at-large
seats
seats and
and seven
seven district
district seats,
seats,
four
four year
year staggered
staggered terms,
terms, an
elections process,
elections process, a Districting
Districting
Commission, provisions
Commission, provisions for for recall,
recall,
initiative
initiative and
and referendum,
referendum, a
Charter
Charter Review
Review Commission,
Commission,
transition
transition provisions,
provisions, and
requiring a Code
requiring Code of Ethics?
Ethics?

YES for
YES for Approval
Approval

NO for
for Rejection
Rejection
 Rough
Rough Cost
Cost Estimate
Estimate of City-
City-Wide Mail Ballot
Wide Mail Ballot Referendum
Referendum Election
Election
Based on 40,000
Based 40,000 City of Pensacola
Pensacola voters
voters

-
Cost

Printing:
Printing: $24,700
$24,700

•* Ballots
Ballots
• Envelopes
Envelopes
•* Secrecy
Secrecy Sleeves
Sleeves
• Instructions
Instructions

Postage:
Postage: $17,600

• Outgoing Postage
Outgoing Postage

Miscellaneous Costs:
Miscellaneous Costs: $ 2,000

• Notices and
Notices and advertisements
advertisements

Estimated Total Cost

Estimated Total witlzout return
Cost without return postage
postage paid:
paid: $44,300
$44,300

Estimated
Estimated Total Cost &
Total Cost return postage
with return postage paid:
paid:

25% Return-
25% Return- $5,000
$5,000 $49,300
$49,300
50% Return -- $10,000
50% Return $10,000 $54,300
$54,300
75% Return
75% $15,000
Return - $15,000 $59,300
$59,300
100% Return -- $20,000
100% Return $20,000 $64,300
$64,300

Optional Costs:
Optional Costs:

• Additional advertising
Additional advertising (sample ballot, etc.)
(sample ballot, etc.) $5,000 - $10,000
$5,000 $10,000