Charter Ordinance and Ballot Language

8/14/2019 Charter Ordinance and Ballot Language

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Item tl 5COMMITTEE MEMORANDUM

COMMITTEE:

FROM:DATE:

SUBJECT:

Committee of the WholeAlvin G. CoSeptember 21, 2009Proposed City Charter Ballot Ordinance

RECOMMENDATION:That City Council adopt the proposed ordinance scheduling a special election on November24, 2009, for a vote by the electors of the City on a proposed new Charter for the City ofPensacola.SUMMARY:At the City Council meeting of September 10, 2009, the Pensacola City Council votedunanimously to "send the draft charter to the voters as amended." The action of Councilnow requires development of language that can be placed on a ballot as adopted by CityCouncil in the form of an ordinance.The City Attorney, in consultation with the Cardwell Law Firm, has developed ballotlanguage that directs voters to the proposed ordinance as the issue being voted upon basedupon the assumption the electorate is informed. The reasoning behind the simplisticapproach is to reduce the potential for challenge of the ballot language. However, the CityAttorney has also provided alternative and more detailed ballot language that meets the "75word" test.PRIOR ACTION:

FUNDING:

8/11/20099/8/2009Budget:Actual:

Workshop on proposed charterSpecial Committee of the Whole$ -0-$64,300

FINANCIAL IMPACT: N/AATTACHMENTS:

PRESENT ATION:

1)2)3)4)5)

No

City Attorney MemorandumThe Cardwell Law Firm memorandumProposed ordinanceAlternative ballot language '01 PI!Cost estimate - City-wide mail baUol f i P N~P e r f s W & l ; 9 : : W

Item #5COMM ITTEE MEM ORANDUMCOMMITTEE: Committee of the WholeFROM:DATE:SUBJECT: Proposed City Charter Ballot OrdinanceRECOMMENDATION:That City Council adopt the proposed ordinance scheduling a special election on November24, 2009, for a vote by the electors of the City on a proposed new Charter for the City ofPensacola.SUMMARY:At the City Council meeting of Septemb er 1 0, 20 09 , the Pensacola City Council votedunanimously to "send the draft charter to the voters as am end ed." Th e action of Councilnow requires development of language that can be placed on a ballot as adopted by CityCouncil in the form of an ordinance.The City Attorney, in consultation with the Cardwell Law Firm, has developed ballotlanguage that directs voters to the proposed ordinance as the issue being voted upon basedupon the assumption the electorate is informed. Th e reasoning behind the simplisticapproach is to reduce the potential for challenge of the ballot langu age. Ho wev er, the CityAttorney has also provided alternative and more detailed ballot language that meets the "75word" test.PRIOR ACTION: 811 112009 Wo rksho p on proposed charter9/8/2009 Special Committee of the WholeFUNDING: Budget: $ -0 -Actual: $64,300FINANCIAL IM PACT: N/ATTACHMENTS 1 ) City Attorney Memorandum2) The Cardwell Law Firm memorandum3) Proposed ordinance4) Alternative ballot language

5 ) Cost estimate - City-wide mail ballotPRESENTATION No

a


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TO:

FROM:

DATE:RE:

MEMORANDUM

Alvin G. CobyCity ManagerW~lliam D. well~Clty AttorneySeptember 15, 2009Proposed Charter

I have prepared a proposed ordinance for your review andconsideration in placing on the Council agenda next week. Inconferring with Supervisor of Elections David Stafford bytelephone yesterday, I was informed that the Council will needto adopt the ordinance at its meetings on September 24 andOctober 8, 2009, in order for Mr. Stafford to schedule a mail-inballot for November 24, 2009. If we miss this date sequence,Mr. Stafford is concerned that because of the holidays and staffschedules, it may not be possible to conduct the mail-inreferendum until 2010.

Florida Statutes (F.S. 101.161) provides for the referendaballot process. It requires, in part:

Whenever a constitutional amendment or other publicmeasure is submitted to the vote of the people, thesubstance of such amendment or other public measureshall be printed in clear and unambiguous language onthe ballot after the list of candidates, followed bythe word "yes" and also by the word "no," and shall bestyled in such a manner that a "yes" vote willindicate approval of the proposal and a "no" vote willindicate rej ection. The wording of the substance ofthe amendment or other public measure and the ballottitle to appear on the ballot shall be embodied in theordinance. Except for amendments and ballotlanguage proposed by joint resolution, the substanceof the amendment or other public measure shall be anexplanatory statement, not exceeding 75 words Inlength, of the chief purpose of the measure.

TO Alvin G. CobyCity Manager

FROM: William D.City Attorney

DATE: September 15, 2009RE Proposed Charter

I have prepared a proposed ordinance for your review andconsideration in placing on the Council agenda next week. Inconferring with Supervisor of Elections David Stafford bytelephone yesterday, I was informed that the Council will needto adopt the ordinance at its meetings on September 24 andOctober 8, 2009, in order for Mr. Stafford to schedule a mail-inballot for November 24, 2009. If we miss this date sequence,Mr. Stafford is concerned that because of the holidays and staffschedules, it may not be possible to conduct the mail-inreferendum until 2010.

Florida Statutes (F. . S101.161) provides for the referendaballot process. It requires, in part:

Whenever a constitutional amendment or other publicmeasure is submitted to the vote of the people, thesubstance of such amendment or other public measureshall be printed in clear and unambiguous language onthe ballot after the list of candidates, followed bythe word "yes" and also by the word "no," and shall bestyled in such a manner that a "yes" vote willindicate approval of the proposal and a "nou vote willindicate rejection. The wording of the substance ofthe amendment or other public measure and the ballottitle to appear on the ballot shall be embodied in the. . . ordinance. Except for amendments and ballotlanguage proposed by joint resolution, the substanceof the amendment or other public measure shall be anexplanatory statement, not exceeding 75 words inlength, of the chief purpose of the measure.


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September 15, 2009Page 2

Our Florida elections consultant, David Cardwell, has cautionedthat a simply stated referendum question will be less subject tojudicial challenge than one which attempts to summarize a verycomplicated measure within the 75-word limit. Hisrecommendation has been to adopt the proposed Charter byordinance with the three public hearings it will receive(September 10, September 24 and October 8) along with thenewspaper publication which the law requires. His memorandum tome on this matter is attached.

So that the City Council will have a more informativealternative ballot question for its review as part of theproposed ordinance, I have drafted one that meets the 75-wordlimitation. Therefore, attached to this memorandum are thefollowing materials:

1. Memorandum from the Cardwell Law Firm.2. The proposed ordinance with the short version of the

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

Please advise if you require further information or furthermaterials for presentation to Council next week.

September 15, 2009Page 2

Our Florida elections consultant, David Cardwell, has cautionedthat a simply stated referendum question will be less subject tojudicial challenge than one which attempts to summarize a verycomplicated measure within the 75-word limit. Hisrecommendation has been to adopt the proposed Charter byordinance with the three public hearings it will receive(September 10, September 24 and October 8) along with thenewspaper publication which the law requires. His memorandum tome on this matter is attached.

So that the City Council will have a more informativealternative ballot question for its review as part of theproposed ordinance, I have drafted one that meets the 75-wordlimitation. Therefore, attached to this memorandum are thefollowing materials:

1. Memorandum from the Cardwell Law Firm.2. The proposed ordinance with the short version of the

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

Please advise if you require further information or furthermaterials for presentation to Council next week.


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MemorandumSeptember 15,2009Page 2 of3

measure and the ballot title to appear on the ballot shall be embodied inthe joint resolution, constitutional revision commission proposal,constitutional convention proposal, taxation and budget reformcommission proposal, or enabling resolution or ordinance. Except foramendments and ballot language proposed by joint resolution, thesubstance of the amendment or other public measure shall be anexplanatory statement, not exceeding 75 words in length, of the chiefpurpose of the measure .... ( e . s . )The first statute authorizes the governing body of a municipality (i.e., the City

Council) to place a proposed change in the municipality's charter on the ballot. Thataction is done by ordinance, which also includes the proposed change. The phrase "toall" of such charter indicates a revision to a charter versus an amendment to only partof the charter is included in the statute. I understand the Escambia County Supervisorof Elections has recommended the charter revision referendum be held on November24, 2009, which for purposes of the Florida law constitutes a "special election" sincethe regularly scheduled election is on November 3, 2009.1

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

In the case of an amendment to a charter the proposed change is customarilytargeted to a specific section or part of the charter and can be identified as such andparticularly described. An amendment as contrasted with a revision is a more specificchange that can usually be easily summarized in the substance of the proposedamendment. A revision is a change to several sections of the charter or replaces theentire charter and substitutes the new proposed charter as the new charter of the cityand effectively repeals the old charter.

I Any election that is not a general election (151 Tuesday after the 151 Monday in November) is for purposesof the Florida Election Code a special election.2 The phrase "other public measure" has been given a broad interpretation to apply to any issue placed on aballot, e.g., charter change.3 The substance of the proposal is a summary of it.4 "Clear and unambiguous language" is not defined in the Florida Election Code. While often raised inchallenges to ballot questions, I am unaware of any court decision that removed a question from the ballotsolely on the basis of this standard.

MemorandumSeptember 15, 2009Page 2 of 3

measure and the ballot title to appear on the ballot shall be embodied inthe joint resolution, constitutional revision commission proposal,constitutional convention proposal, taxation and budget reformcommission proposal, or enabling resolution or ordinance. Except foramendments and ballot language proposed by joint resolution, thesubstance of the amendment or other public measure shall be anexplanatory statement, not exceeding 75 words in length, of the chiefpurpose of the measure. . . (e.s.)The firs t s tatute authorizes the governing body of a m unicipality (i .e . , the CityCouncil) to place a proposed change in the municipality 's charter on the ballot . Thataction is done by ordinance, which also includes the proposed ch ange. The phrase "toall" of such charter indicates a revision to a charter versus an amen dme nt to only partof the charter is included in the statute. I understand the Escambia County Supervisor

of Elections has recommended the charter revision referendum be held on November24, 2009, which for purposes of the F lorida law constitutes a "special election" s incethe regularly scheduled election is on Novem ber 3, 2009 . 'The second statute above addresses what is to be included o n the ballot that theelector will see when casting his or her vote. The phrase "other public measure"includes a charter change.2 Th e "substance" of the proposed public measure is to beprinted on the ballot in "clear and unambiguous language."4 he "substance" of theproposal is a statement not exceeding 75 words in length stating the "chief purpose"of the ballot measure followed by the word s "Yes" and "No." Prior to the"substance" or summ ary of the proposal there shall be a ballot title not exceedin g 15

words in length "by w hich the measure is com mon ly referred to or spoken of." Theballot question t i t le and substance is to be included, in the case of a charter changeplaced on the ballot by the governing body, shall be included in the ordinance callingthe election.In the case of an amendment to a charter the proposed change is customarilytargeted to a specific section or part of the charter and can be identified as such andparticularly described. An amendm ent as contrasted with a revision is a more specificchange that can usually be easily summarized in the substance of the proposedamendment . A revision is a change to several sections of the charter or replaces theentire charter and substitutes the new p roposed charter as the ne w ch arter of the city

and effectively repeals the old charter.' Any election that is not a general election (IstTuesday after the I s ' Monday in November) is for purposesof the Florida Election Code a special election.The phrase "other public measure" has been given a broad interpretation to apply to any issue placed on aballot, e.g., charter chang e.3 The substance of the proposal is a summ ary of it."Clear and unambiguous language" is not defined in the Florida Election Code. While often raised inchallenges to ballot questions, I am unaware of any court decision that removed a question from the ballotsolely on the basis o f this standard.


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MemorandumSeptember 15, 2009Page 3 of3

Because it changes several parts of or all of the charter it is much moreproblematic to draft a summary of such a revision that is complete and is clear anunambiguous. In my experience most summaries of proposed charter revisions havebeen much more brief that the substance of an amendment. The summary typicallysays the proposal on the ballot is a revision, i.e., replacement, of the current charterand references the ordinance of the governing body approving it and calling thereferendum. This also avoids the problem encountered in attempting to include everysubstantive change contained in the revision in the revision summary for the ballot.The overt or inadvertent exclusion of a description of any substantive changecontained in the revision could cause a court to conclude that the substance of therevision is incomplete and is not "clear and unambiguous."

For most public measures Florida is a so-called notice jurisdiction. The texton the ballot is merely to direct the voter to the ballot question and adequately informhim or her that the charter revision is the one being voted on. The courts assume theelectorate is well-informed of the ballot question and does not need such a completesummary printed on the ballot so the voter can make up his or her mind how to votein the polling booth.5

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

The revised City Charter proposed by the Charter Review Commissionand approved by Ordinance No. __ by the City Council shall beapproved and substituted for the current City Charter.Yes No

I hope this is responsive to your request and helps you and the City Councildetermine the ballot language for the proposed City Charter revision.cc: Al ColbyDEC/dc

5 The Florida Supreme Court seems to have adopted a more stringent standard for initiatives. This may bebased on the Court's concern that an initiative may not have been debated or publicized as much as anamendment proposed by the Legislature. Deference has been given to constitutional amendments proposedby and placed on the ballot by the Legislature. This would also apply to a ballot measure placed there bythe governing body of the municipality, which is in effect the local government's legislature.

MemorandumSeptember 15 , 2009Page 3 of 3

Because it changes several parts of or all of the charter it is much moreproblematic to draft a summary of such a revision that is complete and is clear anunambiguous. In my experience most summaries of proposed charter revisions havebeen much more brief that the substance of an amendm ent. The summ ary typicallysays the proposal on the ballot is a revision, i.e., replacement, of the current charterand references the ordinance of the governing body approving it and call ing thereferendum. This also avoids the problem encountered in attempting to include everysubstantive change contained in the revision in the revision summary for the ballot .The overt or inadvertent exclusion of a description of any substantive changecontained in the revision could cause a court to conclude that the substance of therevision is incom plete and is not "clear and unam biguous."

For most public measures Florida is a so-called notice jurisdiction. The texton the ballot is merely to direct the voter to th e ballot question and adequately informhim or her that the charter revision is the one being voted o n. The courts assume theelectorate is well-informed of the ballot question and do es not need such a completesummary printed on the ballot so the voter can make up his or her mind how to votein the polling booth.'

Therefore, i t is my recommend ation that the ballot language for t he proposedCity Charter revision should be the following (or something similar):The revised City Charter proposed by the Charter Review Commissionand approved by Ordinance No. by the City Council shall beapproved and sub stituted for the current City Charter.Yes No -I hope this is responsive to your request and helps you and the City Councildetermine the ballot language for the proposed City Charter revision.

cc: A1 Colby

The Florida Supreme Court seem s to have adopted a more stringent standard for initiatives. This may bebased on the Court's concern that an initiative may not have been debated or publicized as much as anamendmen t proposed by the Legislature. Deference has been given to constitutional amend ments proposedby and placed on the ballot by the Legislature. This would also apply to a ballot measure placed there bythe governing body of the municipality, which is in effect the local government's legislature.


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PROPOSEDORDINANCE NO.ORDINANCE NO.

AN ORDINANCETO BE ENTITLED:AN ORDINANCE PROPOSING A NEW CHARTER FOR THECITY OF PENSACOLA, FLORIDA; REPLACING THEEXISTING CHARTER; PROVIDING GENERAL POWERS OFTHE CITY; PROVIDING CORPORATE BOUNDARIES;PROVIDING A MAYOR-COUNCIL FORM OFGOVERNMENT; PROVIDING FOR AN ELECTED MAYOR;PROVIDING FOR A NINE MEMBER COUNCIL COMPRISEDOF TWO AT-LARGE SEATS AND SEVEN DISTRICT SEATS;PROVIDING TERM LIMITS ON ELECTED POSITIONS;SPECIFYING THE SCOPE OF AUTHORITY FOR MAYORAND COUNCIL; PROVIDING FOUR YEAR TERMS OFOFFICE; PROVIDING AN ELECTIONS PROCESS;PROVIDING A DISTRICTING COMMISSION; PROVIDINGFOR RECALL, INITIATIVE AND REFERENDUM;PROVIDING A CHARTER REVIEW COMMISSION;PROVIDING CHARTER TRANSITION PROVISIONS;REQUIRING A CODE OF ETHICS; PROVIDING FOR AREFERENDUM THEREON; REPEALING CLAUSE; ANDPROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CITY OF PENSACOLA, FLORIDA:WHEREAS, the Charter Review Commission was created to review the current Charter

of the City of Pensacola and make recommendations as to any changes; andWHEREAS, the Charter Review Commission adopted a revised City Charter at its

meeting on August 19,2009, and recommended it to the City Council; andWHEREAS, the City Council received and considered the revision to the City Charter

recommended by the Charter Revision Commission; andWHEREAS, the City Council adopted the revised City Charter with some changes at its

meeting on September 10, 2009; andWHEREAS, the proposed revision of the City Charter needs to be submitted to the

electors of the City of Pensacola for their consideration and approval before becoming effective;NOW, THEREFORE,

PROPOSEDORDINANCE NO.ORDINANCE NO.

AN ORDINANCETO BE ENTITLED:AN ORDINANCE PROPOSING A NEW CHARTER FOR THECITY OF PENSACOLA, FLORIDA; REPLACING THEEXISTING CHARTER; PROVIDING GENERAL POWERS OFTHE CITY; PROVIDING CORPORATE BOUNDARIES;PROVIDING A MAYOR-COUNCIL FORM OFGOVERNMENT; PROVIDING FOR AN ELECTED MAYOR;PROVIDING FOR A NINE MEMBER COUNCIL COMPRISEDOF TWO AT-LARGE SEATS AND SEVEN DISTRICT SEATS;PROVIDING TERM LIMITS ON ELECTED POSITIONS;SPECIFYING THE SCOPE OF AUTHORITY FOR MAYORAND COUNCIL; PROVIDING FOUR YEAR TERMS OFOFFICE; PROVIDING AN ELECTIONS PROCESS;PROVIDING A DISTRICTING COMMISSION; PROVIDINGFOR RECALL, INITIATIVE AND REFERENDUM;PROVIDING A CHARTER REVIEW COMMISSION;PROVIDING CHARTER TRANSITION PROVISIONS;REQUIRING A CODE OF ETHICS; PROVIDING FOR AREFERENDUM THEREON; REPEALING CLAUSE; ANDPROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED BY TH E CITY OF PENSACOLA, FLORIDA:WHEREAS, the Charter Review Commission was created to review the current Charterof the City of Pensacola and mak e recolnmendations as to any chan ges; andWHEREAS, the Charter Review Commission adopted a revised City Charter at itsmeeting on August 19 ,20 09 , and recommended it to the City Council; andWHEREAS, the City Council received and considered the revision to the City Charterrecommended by the Charter Revision Commission; andWHEREAS, the City Council adopted the revised City Charter with some changes at itsmeeting o n September 10, 2009; andWHEREAS, the proposed revision of the City Charter needs to be submitted to theelectors of the City of Pensacola for their consideration and approval b efore becoming effective;NOW, THEREFORE,


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BE IT ORDAINED BY THE CITY OF PENSACOLA, FLORIDA:SECTION 1. The City Council calls for the holding of a referendum of the electors of

the City of Pensacola on November 24, 2009, to consider and vote for or against the approval ofthe revised City Charter as adopted by the City Council on September 10, 2009.

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

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

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

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

City of PensacolaCity Charter Revision

The revised City Charter proposed by the Charter Review Commission andapproved by Ordinance No. __ by the City Council shall be approved andsubstituted for the current City Charter.Yes No

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

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

CHARTER FOR THE CITY OF PENSACOLA

PREAMBLE

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BE IT ORDAINED BY THE CITY OF PENSACOLA, FLORIDA:SECTION 1. The City Council calls for the holding of a referendum of the electors ofthe City of Pensacola on Novem ber 24, 2009, to consider and vote for or against the approval ofthe revised City Charter as adopted by the City Council on Septem ber 10, 2009.SECTION 2. Th e referendum on the proposed revision to the City Charter shall beadministered and conducted by the Escam bia Coun ty Supervisor of Elections.SECTION 3. All duly qualified and registered electors of the City of Pensacola as of thedate of the referendum shall be permitted to vote in the referendum . Th e determination of who is

a qualified registered elector of the City shall be determined in accordance with applicableprovisions of the current City Charter and the laws of the State of Florida.SECTION 4. The City of Pensacola shall reimburse the Supervisor of Elections for anycosts incurred by that office directly related to the preparation for, conducting of, and certifying

the results of the referendum on the proposed C ity Charter revision.SECTION 5. The language to appear on the ballot of the referendum on the proposedCity Charter revisions shall be:

City of PensacolaCity Charter RevisionThe revised City Charter proposed by the Charter Review Commission andapproved by Ordinance No. by the City Council shall be approved andsubstituted for the current City Charter.Yes No

SECTION 6. The appropriate officials of the City shall cause to be published in anewspaper of general circulation of the City the notices of the referendum required by theexisting City Charter and applicable Florida law.SECTION 7. In the event the foregoing proposal is approved by a majority of theelectors voting on the proposal, the following Charter for the City of Pensacola shall replace theexisting Charter, to-wit:

CHARTEROR THE CITYOF PENSACOLA

PREAMBLE


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

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

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

(4) To appoint a City Administrator, who shall serve at the pleasure of the Mayor.(5) To appoint a City Attorney, with the consent of the City Council by an

affirmative vote of a majority of City Council Members, and who may be removed by the Mayorwith the consent of the City Council by an affinnative vote of a majority of the City CouncilMembers.

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

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

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

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

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

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

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

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(1) To exercise the executive powers of the City and supervise all departments,including, but not limited to, the power to appoint, discipline, and remove all officers andemployees, unless otherwise provided in this Charter.(2) To enforce the charter and ordinances of the C ity and all applicable County,

State, or federal general laws, special laws or ordinances.(3 ) To present recommendations to the City Council on the requirements of itsmunicipal government.(4) To appoint a City Adm inistrator, who shall serve at the pleasure of the Mayor.(5) To appoint a City Attorney, with the consent of the City Council by anaffinnative vote of a majority of City Council Mem bers, and who ma y be removed by the Mayorwith the consent of the City Council by an affirmative vote of a majority of the City CouncilMembers.(6) To appoint the City Clerk, with the consent of the City Council by anaffinnative vote of a majority of the City Council Members, and who may be removed by theMayor with the consent of the City Council by an affinnative vote of a majority of the CityCouncil Members.(7 ) To appoint the head of each department, with the consent of the City Councilby an affirmative vote of a majority of City Council M embers.(8) To suspend, discipline, or remove a department head with or without cause,and without the consent of C ity Council M embers, unless otherwise provided for in this Charter.(9) To prepare and submit the annual budget and capital program to the CityCouncil.(10) To exercise a veto power over ordinances and resolutions adopted by CityCouncil within five (5) days of adoption by City Council, except the Mayor may not exerciseveto power over (i) an emergency ordinance as defined in Florida Statutes; (ii) those ordinancesadopted as a result of quasi-judicial proceedings when such proceedings are inandated by law;and (iii) ordinances proposing C harter ame ndments, which the Council is required b y law or bythis Charter to place on the ballot. Th e Mayor may veto any "line item" in a budget orappropriation ordinance or resolution within five (5) days of adoption by C ity Council. A veto

may be overridden on ly by an affinnative v ote of at least six (6) Council Mem bers.(1 1) To attend all meetings of the City Council with authority to participate indiscussions, but without power to vote.(12) To submit to the City Council and make available to the public a completereport of the finances and administrative activities of the City at the end of each fiscal year.


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(13) To keep the City Council fully advised as to the financial condition and futureneeds of the City.

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

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

(b) Vacancy.(1) Vacancy caused by death, resignation, refusal of the Mayor to serve, removal,

or for any other reason, shall be filled by the President of City Council as Acting Mayor, whoshall serve until a successor is appointed and sworn in. City Council shall fill the vacancy by amajority vote, and such vacancy shall be filled within thirty (30) days after the vacancy occurs.The appointed Mayor shall serve the unexpired term of the previous Mayor unless the unexpiredterm of the previous Mayor is twenty-eight (28) months or longer. If the unexpired term istwenty-eight (28) months or longer, a person shall be elected at the next general election to fillthe unexpired portion of such tenn.

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

(c) Compensation. The salary compensation of the Mayor shall be set by ordinance,which shall take effect upon the Mayor assuming office following the next Mayoral election.Section 4.02. City Council.

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

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

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

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

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

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(13) To keep the City Council h l l y advised as to the financial condition and futureneeds of the City.(14) To de vote his or her entire work time to the perfonnance of the duties of theMayor's office, and hold no other elected public office while Mayor.(15) To determine, consistent with this Charter, the organization of the Citygovernment and the power and duties assigned to the various departments.

(b ) Vacatzcy.(1) Vacancy caused by death, resignation, refbsal of the Mayor to serve, removal,or for any other reason, shall be filled by the President of City Council as Acting Mayor, whoshall serve until a successor is appointed and sworn in. City Council shall fill the vacancy by amajority vote, and such vacancy shall be filled within thirty (30) days after the vacancy occurs.The appointed Mayor shall serve the unexpired term of the previous Mayo r unless the unexpired

term of the previous M ayor is twen ty-eight (28) mo nths or longer. If the unexpired term istwenty-eight (28) months or longer, a person shall be elected at the next general election to fillthe unexpired portion of such ten n.(2) Th e Mayor appointed by the Council must meet the qualifications for office asset forth in 6.03 of this C harter at the time of appointment.

(c) Conlpetzsatiotz. The salary compensation of the Mayor shall be set by ordinance,which shall take effect upon the Mayor assuming office following the next Mayoral election.Section 4.02. City Council.

( a ) Powers atzd Duties. City Council Members shall exemplify good citizenship andexhibit a cooperative spirit. The C ity Council shall have the following powers and duties:(1) To legislate for the City by adopting ordinances and resolutions in the bestinterest of all citizens of the City.(2) To adopt the annual budget and all other appropria tions necess ary for efficientCity government.(3) To inquire into the conduct of any municipal office, department, agency or

officer and to investigate municipal affairs, and for that purpose, may subpoena witnesses,administer oaths and compel the productioii of books, papers, or other evidence.(4) To override the Mayor's veto of an ordinance or resolution by an affirmativevote of at least six (6) Council Mem bers.


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(c) Holding other Office. No elected City official shall hold any appointive City office,City board membership, or City employment while in office, except as may be provided by Statelaw. No former elected City official shall hold any compensated appointive City office until oneyear after having last served as an elected official.

ARTICLE VAPPOINTED CITY POSITIONS

Section 5.01. City Clerk.There shall be a City Clerk who shall be appointed by the Mayor with the consent of the

City Council by an affirmative vote of a majority of Council Members, and whose duties andresponsibilities are as provided for by this Charter. Although an appointee of the Mayor, theClerk shall serve the entire City government. The Clerk shall keep and have the care andcustody of the books, records, papers, legal documents and journals of proceedings of the CityCouncil and shall carry out such additional duties as may be required by the Councilor theMayor. The City Clerk may be removed from office with the concurrence of the Mayor and amajority of the City Council.Section 5.02. City Administrator.

There shall be a City Administrator who shall be appointed by the Mayor, and who shallserve at the pleasure of the Mayor. The City Administrator shall be in charge of the dailyoperations of the City. Prior to appointment by the Mayor, the City Administrator shall have hadrelevant management, executive, or administrative experience.Section 5.03. City Attorney.

The City Attorney shall serve as the chief legal adviser to, and shall represent, elected orappointed officials, boards and commissions, and employees in the course and scope of theirofficial duties or employment, respectively. The City Attorney shall represent the City in legalproceedings and shall perform any other duties prescribed by State law, by this Charter, or byordinance or resolution. The Mayor shall appoint the City Attorney, with the consent of the CityCouncil by an affinnative vote of a majority of City Council Members. The City Attorney maybe removed from office with the concurrence of the Mayor and a majority of the City Council.Section 5.04. Departments.

The Mayor shall detennine, consistent with this Charter, the organization of the Citygovernment and prescribe the duties and responsibilities assigned to the various departments.Section 5.05. City Boards, Commissions and Authorities.

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(c ) Ho lding otlzer. Office . No elected City official shall hold any appointive City office,City board membership, or City em ploy~ nentwhile in office, except as may b e provided by Statelaw. No former elected City official shall hold any c o~ npe ns ate d ppointive City office until oneyear after having last served as an elected official.

ARTICLE VAPPOINTED CITY POSITIONSSection 5.01. City Clerk.

There shall be a City Clerk who shall be appointed by the Mayor with the consent of theCity Council by an affirmative vote of a majority of Council Members, and whose duties andresponsibilities are as provided for by this Charter. Although an app ointee of the Mayor, theClerk shall serve the entire City go ve m ne nt . The Clerk shall keep and have the care andcustody of the books, records, papers, legal documents and journals of proceedings of the CityCouncil and shall carry out such additional duties as may be required by the Council or theMayor. Th e City Clerk may be removed from office with the concurrence of the Mayor and amajority of the City Council.Section 5.02. City Adm inistrator.

There shall be a City Administrator who shall be appointed by the Mayor, and who shallserve at the pleasure of the Mayor. The C ity Administrator shall be in charge of the dailyoperations of the City. Prior to appointm ent by the Mayor, the City Adm inistrator shall have hadrelevant manage ment, executive, or administrative experience.Section 5.03. City Attorney.

The City Attorney shall serve as the chief legal adviser to, and shall represent, elected orappointed officials, boards and commissions, and employees in the course and scope of theirofficial duties or employment, respec tively. Th e City Attorney shall represent the City in legalproceedings and shall perform any other duties prescribed by State law, by this Charter, or byordinance or resolution. Th e Mayor shall appoint the City Attorney, with the consent of the CityCouncil by an affirmative vote of a majority of City Council Members. The C ity Attorney maybe removed froin office with the concurrence of the M ayor and a majority of the City Council.Section 5.04. Departments.

The Mayor shall determine, consistent with this Charter, the organization of the Citygovernment and prescribe the duties and responsibilities assigned to the various departments.Section 5.05. City Boards, Comm issions and Authorities.


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placed on the ballot for the election by complying with the petition process for qualifying as acandidate for County office as prescribed by general law. No person may qualify for election asa write-in candidate.

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

(c) Valid Signatures. The candidate may begin to seek signatures on a petltIOnsupporting his or her candidacy once the requirements of general law are met. Only signaturesof City electors shall be counted toward obtaining the minimum number of signatures prescribedin this subsection. Candidates for the office of Mayor and at-large Council offices under thispetition process shall obtain the signatures of a number of qualified electors equal to at least fivepercent (5%) of the total number of registered electors in the City, as shown by the compilationby the Supervisor of Elections for the most recent general election of the City Council. Acandidate for a single-member district position shall obtain the signatures of a number ofqualified electors residing in the district for which the candidate seeks election equal to at leastfive percent (5%) of the total number of registered electors in the district, as shown by the samecompilation.

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

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

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

(d) Verifying Names. Each petition shall be submitted to the qualifying officer prior tothe deadline established by general law. The Supervisor of Elections shall verify the petitionsaccording to general law. Prior to the first date for qualifying, the Supervisor of Elections shallcertify the number of persons shown as registered electors of the City, and of each district, forthe most recent general election of the City, and submit the certification to the City Council. Thecandidate shall, during the time prescribed for qualifying for office, submit a copy of thecertification that the candidate met the qualifying requirements, issued by the qualifying officer,and file his or her qualifying papers. Upon receipt of the notice and qualifying papers, thequalifying officer shall certify the name of the candidate to the City Council as having qualifiedfor the office sought.

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placed on the ballot for the election by co~nplyingwith the petition process for qualifying as acandidate for County office as prescribed by general law . No person m ay qualify for election asa write-in candidate.( b ) Petit ion Forms. The qualifying officer shall provide the candidate w ith the petition

format to facilitate the gathering of signatures pursuant to this section.(c) Valid Signatures. The candidate lnay begin to seek signatures on a petitionsupporting his or her candidacy once the requirements of general law are met. Only signaturesof City electors shall be counted toward obtaining the m inimum number of signatures prescribedin this subsection. Candidates for the office of Mayor and at-large Council offices under thispetition process shall obtain the signatures of a number of qualified electors equal to at least fivepercent (5%) of the total nulnber o f registered electors in the City, as show n by the compilationby the Supervisor of Elections for the most recent general election of the City Council. Acandidate for a single-member district position shall obtain the signatures of a number ofqualified electors residing in the district for which the candidate seeks election equal to at least

five percent (5%) of the total nulnber of registered electors in the district, as shown by the sam ecompilation.For the City election next following each decennial census, the required petitionsignatures shall be as follows:

(i) Candidates for the office of Mayor and at-large Council offices under thispetition process shall obtain the signatures of a nulnber of registered voters of the City equal to atleast two and one-half percent (2.5%) of the population of the C ity according to the most recentdecennial census.(ii) A candidate for the office of a district C ity Council Mem ber under this petitionprocess shall obtain the signatures of a number of registered voters residing in the district forwhich the candidate seeks election equal to at least two and one-half percent (2.5%) of the idealdistrict population accord ing to the most recent decennia l censu s. For the purpose s of thissection, the "ideal district population" means the total population of the City based upon the mostrecent decennial census divided by the num ber of C ity Council districts.

(d) Verifying Nam es. Each petition shall be submitted to the qualifying officer prior tothe deadline established by general law. The Supervisor of Elections shall verify the petitionsaccording to general law. Prior to the first date for qualifying, the Sup ervisor of Electio ns shallcertify the nulnber of persons shown as registered electors of the City, and of each district, forthe most recent general election of the City, and submit the certification to the City Council. Th ecandidate shall, during the time prescribed for qualifying for office, submit a copy of thecertification that the candidate met the qualifying requirements, issued by the qualifying officer,and file his or her qualifying papers. Upon receipt of the notice and qualifying papers, thequalifying officer shall certify the nam e of the candidate to the City C ouncil as having qualifiedfor the office sought.


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Section 6.07. Commencement of Term of Office.The tenn of office of any elected official (Mayor or City Council Member) will

commence on the fourth Tuesday in November after his or her election at 12 o'clock noon, atwhich time the newly elected official shall take an oath of office and be installed in office. Thecommencement date for all offices in the City election shall be the same date whether thecandidate is elected during the primary or general election.

In the event of a Special Election or other election other than the primary or generalelection, the term of office of any elected official will commence on the third day after his or herelection has been certified, at 12 0'clock noon, at which time the newly elected official shall begiven an oath of office and installed in office, or as provided by State law, unless thecommencement date falls on a legal or City holiday in which case the term of office willcommence on the next day that is not a legal or City holiday.

Section 6.08. Council Districts.(a) Number of Districts. There shall be seven (7) City Council districts.(b) Districting Commission; Composition; Appointment; Terms; Vacancies;

Compensation.(1) There shall be a districting commission consisting of seven (7) members. The

City Council shall appoint one (1) member from each of the seven (7) Council districts of theCity.

(2) No member of the commission shall be employed by the City or hold any otherelected or appointed position in the City.

(3) The City Council shall appoint the commission no later than one year and fivemonths before the first general election of the City Council after each federal decennial census.The commission's tenn shall end upon adoption of a districting plan, as set forth in section6.08(c).

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

(5) No member of the districting commission shall be removed from office by theCity Council except for cause and upon notice and hearing.(6) The members of the commission shall serve without compensation.(7) The commission may hire or contract for necessary staff assistance and may

require agencies of City government to provide technical assistance. The commission shall havea budget as provided by the City Council.

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Section 6.07. Com mencem ent of Ter m of Office.The tenn of office of any elected official (Mayor or City Council Member) willcommence on the fourth Tuesday in November after his or her election at 12 o'clock noon, atwhich time the newly elected official shall take an oath of office and be installed in office. Th e

commencement date for all offices in the City election shall be the same date whether thecandidate is elected during the primary or general election.In the event of a Special Election or other election other than the primary or generalelection, the term of office of any elected official will commence on the third day after his or herelection has been certified, at 12 o'clock noon, at which time the newly elected official shall begiven an oath of office and installed in office, or as provided by State law, unless theco~nlnencementdate falls on a legal or City holiday in which case the term of office willcomm ence on the next day that is not a legal or City holiday.

Section 6.08. Council Districts.(a) Nzdnzber of Districts. There shall be seven (7) City C ouncil districts.(b ) Districting Comnzissiotz; Conzpositiotz; Appointtizetzt; Ternts; Vacatzcies;Contpetzsatiotz.

(1) There shall be a districting com ~n iss ion onsisting of seven (7) mem bers. TheCity Council shall appoint one (1) member from each of the seven (7) Council districts of theCity. (2) No mem ber of the co ln~ nis sio n hall be employed by the City or hold any otherelected or appointed position in the City.

(3 ) The City Council shall appoint the commission no later than one year and fivemonths before the first general election o f the City C ouncil after each federal decennial census.The commission's tenn shall end upon adoption of a districting plan, as set forth in section6.08(c).(4 ) In the event of a vacancy on the c o~n rniss ion y death, resignation or otherwise,the City Council shall appoint a new member from the same district from which his or herpredecessor was selected to serve the balance of the tenn remaining.(5 ) No mem ber of the districting corninission shall be removed from office by theCity Council except for cause and itpoll notice and hearing.(6) The membe rs of the comnlission shall serve without compensation.(7) Th e commission may hire or contract for necessary staff assistance and mayrequire agencies of City government to provide technical assistance. The co ~n ~n is si onhall havea budget as provided by the C ity Council.


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(c) Powers and Duties of the Commission; Hearings, Submissions and Approval ofPlall.

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

(2) The commission shall hold one or more public hearings not less than onemonth before it submits the plan to the City Council. The commission shall make its planavailable to the public for inspection and comment not less than one month before its publichearing.

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

(4) The plan shall be deemed adopted by the City Council unless disapprovedwithin three weeks by the vote of the majority of all Members of the City Council. If the CityCouncil fails to adopt the plan, it shall return the plan to the commission with its objections andwith the objections of individual Members of the Council.

(5) Upon rejection of its plan, the commission shall prepare a revised plan andshall submit such revised plan to the City Council no later than nine months before the firstgeneral election of the City Council after the decennial census. Such revised plan shall bedeemed adopted by the City Council unless disapproved within two weeks by the vote of two-thirds of all the Members of the City Council and unless, by a vote of two-thirds of all of itsMembers, the City Council votes to file a petition in the circuit court in and for EscambiaCounty, for detennination that the plan fails to meet the requirements of this Charter. The CityCouncil shall file its petition no later than ten days after its disapproval of the plan. Upon a finaldetennination upon appeal, if any, that the plan meets the requirements of this Charter, the planshall be deemed adopted by the City Council and the commission shall deliver the plan to theCity Clerk. The plan delivered to the City Clerk shall include a map and description of thedistricts.

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

(d) Districting Plan; Criteria. In preparation of its plan for dividing the City intodistricts for the election of Council Members, the commission shall apply the following criteriawhich, to the extent practicable, shall be applied and given priority in the order in which they areherein set forth.

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(c ) Pow ers arzd Duties of tlze Contnzissiorz; He aring s, Subn zissions and Approv al ofPlarz.(1 ) Following each decennial census, the co lnm issio ~l shall consult the City

Council and the Supervisor of Elections, and shall prepare a plan for dividing the City intodistricts for the election of Council Mem bers. In preparing the plan, the comm ission shall beguided by the criteria set forth in section 6.08(d). Th e report on the plan shall include a map anddescription of districts recommended.(2 ) The commission shall hold one or more public hearings not less than onemonth before it submits the plan to the City Council. The com inission shall mak e its planavailable to the public for inspection and comment not less than one month before its publichearing.(3 ) Th e comm ission shall submit its plan to the City Council not less than one year

before the first general election of the City Council after each decennial census.(4) The plan shall be deemed adopted by the City Council unless disapprovedwithin three weeks by the vote of the majority of all Members of the City Council. If the CityCouncil fails to adopt the plan, it shall return the plan to the commissioll with its objections andwith the objections of individual Mem bers of the C ouncil.(5 ) Upon rejection of its plan, the commission shall prepare a revised plan andshall submit such revised plan to the City Council no later than nine months before the firstgeneral election of the City Council after the decennial census. Such revised plan shall bedeemed adopted by the City Council unless disapproved within two weeks by the vote of two-

thirds of all the Members of the City Council and unless, by a vote of two-thirds of all of itsMembers, the City Council votes to file a petition in the circuit court in and for EscambiaCounty, for detennination that the plan fails to meet the requirements of this Charter. The CityCouncil shall file its petition no later than ten days after its disappro val of the plan. Up on a finaldetennination upon appeal, if any, that the plan m eets the requirements of this C harter, the planshall be deemed adopted by the City Council and the commission shall deliver the plan to theCity Clerk. The plan delivered to the City Clerk shall include a map and description of thedistricts.(6) If in any year popula tion figures are not available at least one year and fivemonths before the first general election following the decennial census, the C ity Council m ay, by

local law, shorten the time periods provided for districting commission action in paragraphs (2),(3), (4), and (5 ) of this subsection.(d) Districting Plarz; Criteria. In preparation of its plan for dividing the City intodistricts for the election of Council Members, the coinmission shall apply the following criteriawhich, to the extent practicable, shall be applied and given priority in the order in which they areherein set forth.


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

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

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

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

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

(e) Effect of En actn'lent. The new City Council districts and boundaries as of the date ofenactment shall supersede previous Council districts and boundaries for all purposes of the nextregular City election, including nominations. The new districts and boundaries shall supersedeprevious districts and boundaries for all other purposes as of the date on which all CouncilMembers elected at that regular City election take office.

ARTICLE VIIRECALL, INITIATIVE, AND REFERENDUM

Section 7.01. Recall.Recall of elected officials shall be according to the provisions of state law.

Section 7.02. Power of Initiative.City electors shall have the power to propose ordinances to the City Council. If the City

Council fails to adopt an ordinance so proposed without any change in substance, the electorshave the power to adopt or reject the proposed ordinance at a City election. The electors are notempowered to propose ordinances that extend to providing an annual budget, levying taxes, orsetting salaries of City officers or employees.Section 7.03. Power of Referendum.

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(1 ) Districts shall be equal in population except where deviations froin equalityresult from the application of the provisions hereinafter set forth, but no such deviation mayexceed five percent (5%) of the average population for all City Council d istricts according to thefigures available from the m ost recent census.(2) Districts shall consist of contiguous territory; but land areas separated bywaterways shall not be included in the same district unless said waterways are traversed byhighway bridges, tunnels or regularly scheduled ferry services both termini of which are withinthe district, except that, population permitting, islands not connected to the mainland or to otherislands by bridge, tunnel or regular ferry services shall be included in the same district as thenearest land area w ithin the City.(3 ) Consistent with the foregoing provisions, the aggregate length of all districtboundaries shall be as short as possible.(4) To the extent possible, consideration should be given to coordinating district

lines for the various pub lic offices, as well a s precincts.( 5 ) The districts shall be based upon the principle of equal and effectiverepresentation as required by the Un ited S tates Constitution and general law.

(e) Effect of Etzncthetzt. Th e new C ity Council districts and bound aries as of the date ofenactment shall supersede previous Couilcil districts and boundaries for all purposes of the nextregular City election, including nominations. Th e new districts and boundaries shall supersedeprevious districts and boundaries for all other purposes as of the date on which all CouncilMem bers elected at that regular City election take office.

ARTICLE VIIRECALL, INITIATIVE, AND REFERE NDUMSection 7.01. Recall.

Recall of elected o fficials shall be accord ing to the provisions of state law.Section 7.02. Power of Initiative.

City electors shall have the power to propose ordinances to the City Council. If the CityCouncil fails to adopt an ordillatlce so proposed without any change in substance, the electorshave the power to adopt or reject the proposed o rdinance at a City election. Th e electors are notempowered to propose ordinances that extend to providing an annual budget, levying taxes, orsetting salaries of City officers or em ployees.Section 7.03. Power of Referendum.


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Within sixty (60) days following the effective date of a measure passed by City Council,City electors shall have the power to require reconsideration by the City Council of any measurepassed by City Council. If the City Council fails to repeal a measure so reconsidered, theelectors have the power to approve or reject the reconsidered measure at a City election. Theelectors are not empowered to reconsider measures that extend to providing an annual budget,levying taxes, or setting salaries of City officers or employees.Section 7.04. Commencement of Proceedings.

Any ten (10) electors may commence initiative or referendum proceedings by filing withthe City Clerk an affidavit stating that they will constitute the petitioners' committee and beresponsible for circulating the petition and filing it in proper fonn. The affidavit shall furtherprovide their names and addresses, specify the mailing address for notices to be sent to thecommittee, and fully set forth the proposed initiative or identify the measure sought to bereconsidered. Promptly after the petitioners' committee's affidavit is filed, the City Clerk, at thecommittee's request, shall issue the appropriate petition forms to the committee at thecommittee's expense.Section 7.05. Initiative or Referendum Petitions.

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

(b) Form and Content. All petition papers shall be unifonn in size and style and shallbe printed on separate cards or individual sheets of paper. Adequate space must be provided forthe voter's name, address, signature, and date of signature. Petitions shall contain or haveattached thereto throughout their circulation the full text of the ordinance proposed or sought tobe reconsidered.

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

(d) Filing Deadline. All initiative and referendum petitions must be filed with the CityClerk within sixty (60) days of the commencement date of the initiative or referendumproceedings. The City Clerk shall submit the petitions to the Supervisor of Elections withinthree (3) business days of receipt of the petitions.Section 7.06. Verification of Petitions.

The petitioner's committee shall submit the completed petitions to the Escambia CountySupervisor of Elections for verification as to the number of registered electors whose valid

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Within sixty (60) days following the effective date of a m easure passed by City Council,City electors shall have the power to require reconsideration by the City Council of any measurepassed by C ity Council. If the City Council fails to repeal a measure so reconsidered, theelectors have the power to app rove or reject the reconsidered m easure at a City election. Theelectors are not empowered to reconsider measures that extend to providing an annual budget,levying taxes, or setting salaries of City officers or emplo yees.Section 7.04. Commencement of Proceedings.

An y ten (1 0) electors may co mm ence initiative or referendum proceedings by filing withthe City Clerk an affidavit stating that they will constitute the petitioners' comm ittee and beresponsible for circulating the petition and filing it in proper f on n. Th e affidavit shall hr th erprovide their names and addresses, specify the mailing address for notices to be sent to thecommittee, and fully set forth the proposed initiative or identify the measure sought to bereconsidered. Promptly after the petitioners' com mittee 's affidavit is filed, the City Clerk, at thecommittee's request, shall issue the appropriate petition forms to the committee at thecommittee's expense.Section 7.05. Initiative or Referendum Petitions.

(a) Nu mb er arzd Sigrzatures. Initiative and referendum petitions must be signed by Cityelectors equal to at least ten percent (10% ) of the total num ber of registered electors in the City,as shown by the compilatioll by th e Supervisor of E lections for th e most recent general electionof the City Council.(b) Forr~tarzd Cotzterzt. All petition papers shall be uniform in size and style and shallbe printed on separate cards or individual sheets of paper. Adequate space must be provided for

the voter's nam e, address, signature, and date of signature. Petitions shall contain or haveattached thereto throughout their circulation the full text of the ordinance proposed or sought tobe reconsidered.(c) Statenterzt of Circulator. When filed, petitions shall have attached a statementexecuted by the circulator or circulators o f the petitions that he, sh e, or they personally circulatedthe petitions. Th e statement shall further state the num ber of signed petitions subm itted and thatthe circulator believes them to be the genuine signatures of the persons whose names theypurport to be.(d) Filirzg Deadlirze. All initiative and referendum petitions must be filed with the City

Clerk within sixty (60) days of the comlnencelnellt date of the initiative or referendumproceedings. The City Clerk shall submit the petitions to the Supervisor of Elections withinthree (3 ) business days of receipt of the petitions.Section 7.06. Verification of Petitions.

Th e petitioner's co~ nln ittee hall submit the completed petitions to the Escambia C ountySupervisor of Elections for verification as to the number of registered electors whose valid


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signatures appear thereon, along with any fee required by general law. The Supervisor ofElections shall make a good faith effort to verify the signatures within ten (10) days of receipt ofthe petitions. The Supervisor of Elections shall record the date each fonn is received by theSupervisor of Elections, and the date the signature on the fonn is verified as valid. TheSupervisor of Elections may verify that the signature on a fonn is valid only if (i) the fonncontains the original signature of the elector; (ii) the elector has accurately recorded on the formthe date on which he or she signed the fonn; (iii) the form accurately sets forth the elector'sname and address; and (iv) the elector is, at the time he or she signs the fonn, a duly qualifiedand registered elector of the City.Section 7.07. Action on Petitions.

(a) Action by City Council. When an initiative or referendum petition has been finallydetennined sufficient, the City Council shall promptly consider the proposed initiative orreconsider the referred ordinance or measure. If the City Council fails to adopt a proposedinitiative ordinance without any change in substance within forty-five (45) days or fails to repealthe referred ordinance within forty-five (45) days, it shall submit the proposed or referredordinance to the electors. If the City Council fails to act on a proposed initiative ordinance orreferred ordinance or measure within the time prescribed in this subsection, the City Councilshall be deemed to have failed to adopt the proposed initiative ordinance or have failed to repealthe referred ordinance or measure on the last day that the City Council was authorized to act onthe matter.

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

(c) Withdrawal of Petitions. Initiative or referendum petitions may be withdrawn at anytime prior to the twenty-fifth (25th ) day preceding the day scheduled for a vote of the City byfiling with the City Clerk a request for withdrawal signed by at least eight (8) of the members ofthe petitioners' committee. Upon the filing of such request, the petition shall have no furtherforce or effect and all proceedings thereon shall be tenninated.Section 7.08. Election Results.

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

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signatures appear thereon, along with any fee required by general law. Th e Supervisor ofElections shall make a good faith effort to verify the signatures within ten (10) days of receipt oftlie petitions. Th e Supervisor of Elections shall record the date each fon n is received by theSupervisor of Elections, and the date the signature on the fo nn is verified as valid. TheSupervisor of Elections inay verify that the signature on a fonn is valid only if (i) the fonncontains the original signature of the elector; (ii) the elector has accurately recorded on the formthe date on which he or she signed the form; (iii) the form accurately sets forth the elector'sname and address; and (iv) the elector is, at the time h e or she signs the fon n, a duly qualifiedand registered elector of the City.Section 7.07. Action on Petitions.

(a) Action by City Council. When an initiative or referendum petition has been finallydetermined sufficient, the City Council shall pro~nptlyconsider the proposed initiative orreconsider the referred ordinance or measure . If the City Council fails to adopt a proposedinitiative ordinance without any change in sub stance within forty-five (45) da ys or fails to repealthe referred ordinance within forty-five (45) days, it shall submit the proposed or referredordinance to the electors. If the City Council fails to act on a proposed initiative ordinance orreferred ordinance or lneasure within the time prescribed in this subsection, the City Councilshall be deem ed to hav e failed to ado pt the proposed initiative ordinance or have failed to repealthe referred ordinance or lneasure on the last day that the City Council was authorized to act onthe matter.

(b) Subnlissiorz to Electors. Th e vote on a proposed or referred ordinance or lneasureshall be held not less than thirty (30) days or inore than sixty (60) days from the date the CityCouncil acted or was deem ed to have acted accordin g to section 7.07(a). If there is not a generalelection to be held within the described time period, the City Council shall provide for a specialelection in consultatioii with the Escambia County Supervisor of Elections. Otherwise, the voteshall be held at the sam e time as such regular election. Copies of the proposed or referredordinance or mea sure shall be mad e available at the polls. Noth ing in this provision shallprohibit the use of a Inail ballot election pursuant to general la w.

(c) Witlzdrawal of Petitions. Initiative or referendum petitions inay be withdrawn at anytime prior to the twenty-fifth (25"') day preceding the day scheduled for a vote of the City byfiling with tlie City Clerk a request for withdrawal signed by at least eight (8) of the members ofthe petitioners' com mittee. Upo n tlie filing of such request, the petition shall have no furtherforce or effect and all proceedings thereon sliall be terminated.Section 7.08. Election Results.

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


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

ARTICLE VIIICHARTER REVIEW AND CHARTER AMENDMENTS

Section. 8.01. Charter Review Commission.

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

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

(c) Procedures. The CRC shall meet prior to the third week in January 2022, and everyten (10) years thereafter, for the purposes of organization. The CRC shall elect a Chair and ViceChair from among its membership. Further meetings of the CRC shall be held upon the call ofthe Chair or any three members of the CRC. All meetings shall be open to the public. Amajority of the members of the CRC shall constitute a quorum.

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

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

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

(g) Report and Process. The CRC shall complete its review and submit a report to theCity Council by July 31, 2022, and every ten (10) years thereafter. Included within the reportshall be any proposed amendments to the Charter, together with the wording of the proposedamendments. City Council shall make the final decision as to whether the proposed amendmentsare (i) returned to the CRC for further review, (ii) revised and included on a ballot, (iii) includedon a ballot without change, or (iv) subject to other action. Any such amendments may beincluded on the ballot as a single question, individual questions or any combination of either. Ifone or more proposed Charter amendments are submitted by the CRC and the City Council sochooses, the City Council, in consultation with the Supervisor of Elections, shall place theamendments on the ballot of the general election to be held in 2022 and every ten (10) years

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(b) Refererzdurrt. If a majority of the qualified electors voting on a refewed o rdinance ormeasure vote for repeal, the referred ordinance or measure shall be considered repealed uponcertification of the election results.ARTICLE VIII

CHARTER REVIEW AND CHARTER AMENDMENTSSection. 8.01. Charter Review Co mm ission.

( a ) Clzarter Review Contntissiorz Establislzed. During the month of January 2022 andevery ten (10) years thereafter, there shall be established a Charter Review Commission("CRC"); provided, however, that the City Council shall have the power to establish a CRC moreoften in the event it so chooses.(b) Contposition. Every ten (10) years, the Mayor and City Council shall appoint ninemembers to the CRC . Th e CRC shall be composed of nine members. No m embers of the CRC

shall be elected officials. Each mem ber of the CR C shall be a City resident and elector.Vacancies shall be filled within 3 0 days in the sam e mann er as the original appointm ents.(c) Procedures. The CRC shall ineet prior to the third week in January 2022, and everyten (10) years thereafter, for the purposes o f organization. Th e CRC shall elect a Chair and ViceChair fi-om am ong its mem bership. Further meetings of the CR C shall be held upo n the call ofthe Chair or any three members of the CRC. All ineetings shall be open to the public. Amajority of the members of the CR C shall constitute a quorum.(d) Rules arzd Contperzsatiorz. The CRC may adopt other rules for its operations andproceedings as it deems desirable. Th e mem bers of the CRC shall receive no comp ensation.(e) Experzses. Expenses of the CRC shall be verified by a majority vote of the C RC andforwarded to the Mayor for paym ent from the general fund of the City. Th e City may acceptfunds, grants, gifts and services for the CRC from the State, the County, and the government ofthe United S tates or other sources, public and private.(f) Review. The CRC shall review, on behalf of the citizens of the City of Pensacola, theCity Charter in order to recomm end amend ments to this Ch arter, if any.(g) Report arzd Process. The CRC shall complete its review and submit a report to theCity Council by July 31, 2022, and every ten (10) years thereafter. Included within the report

shall be any proposed a~ ne nd ln en ts o the Charter, together with the wo rding of the proposedamend ments. City Council shall ma ke the final decision as to whether the proposed amend mentsare (i) returned to the C RC for further review, (ii) revised and included on a ballot, (iii) includedon a ballot without change, or (iv) subject to other action. Any such amen dments may beincluded on the ballot as a single question, individual questions or any com bination of either. Ifone or no re proposed Charter amendments are submitted by the CRC and the City Council sochooses, the City Council, in consultation with the Supervisor of Elections, shall place theamendments on the ballot of the general election to be held in 2022 and every ten (10) years


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

Section 8.02. Charter Amendments.(a) Initiation by Ordinance. The City Council may propose amendments by ordinance

to this Charter. Upon adoption of the initiating ordinance, the City Council shall submit theproposed amendment to a vote of the electors at the next general election held within the City orat a special election called for such purpose.

(b) Initiation by Petition. The electors of the City may propose amendments to thisCharter by petition. Each petition proposing amendments to this Charter shall be commenced inthe same manner as an ordinance proposed by initiative in Article VII of this Charter. Initiativepetitions must be signed by City electors equal to at least ten percent (10%) of the total numberof registered electors in the City, as shown by the compilation by the Supervisor of Elections forthe most recent general election of the City Council.

(c) Consistency. Except as additionally provided for herein, the method for Charteramendments shall be consistent with State law.

ARTICLE IXMISCELLANEOUS

Section 9.01. Code of Ethics.The City Council shall, upon adoption of this Charter, enact by ordinance a Code of

Ethics for all elected and appointed officers and employees of the City which shall set standardsof conduct equal to or stronger than the standards of conduct established by law.

ARTICLE XSCHEDULE

Section 10.1. Effective Date.Upon approval of a majority of the electorate voting at a referendum on this Charter, thisCharter will become effective on January 1,2010.

Section 10.02. Ordinances Preserved.All ordinances in effect upon the adoption of this Charter, to the extent not inconsistent

herewith, shall remain in full force and effect until amended or repealed.

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thereafter, for the purpose of voting on the proposed amendm ents subm itted by the CRC throughCity Coun cil. Notice of said election shall be published by the City Council. Passage ofproposed amendm ents shall require approval of a m ajority of electors voting in said election onsuch amendment.

Section 8.02. Charter Am endm ents.(a) Irzitiatiorz by 01-dirzarzce.The City Council may propose a~ nen dm ents y ordinanceto this Charter. Upon a doption of the initiating ordinance, the City Coun cil shall submit theproposed amendment to a vote of the electors at the next general election held within the City orat a special election called for such purpo se.(b) Irzitiation by Petition. The electors of the City may propose amendments to thisCharter by petition. Each petition proposing am endm ents to this Charter shall be comm enced inthe same manner as an ordinance proposed by initiative in Article VII of this Charter. Initiative

petitions must be signed by City electors equal to at least ten percent (10%) of the total numberof registered electors in the City, as shown by the compilation by the Supervisor of Elections forthe most recent general election of the City Council.(c) Consisterzcy. Except as additionally provided for herein, the method for Charteramendm ents shall be consistent with State law.

ARTICLE IXMISCELLANEOUS

Section 9.01. Code of Ethics.The City Council shall, upon adoption of this Charter, enact by ordinance a Code ofEthics for all elected and appointed officers and einployees of the City which shall set standardsof conduct equal to or stronger than the standards of conduct established by law.

ARTICLE XSCHEDULE

Section 10.1. Effective Date.Upoil approval of a majority of the electorate voting at a referendum on this Charter, thisCharter will become effective on January 1, 2010.

Section 10.02. Ordinan ces Preserved.All ordinances in effect upon the adoption of this Charter, to the extent not inconsistentherewith, shall remain in full force and effect until amended or repealed.


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Section 10.03. Repeal of Former Charter Provisions.All provisions in effect prior to the effective date of this Charter, including, but not

limited to the Charter provisions contained in Chapter 15425, Laws of Florida (1931), asamended (the fonner Charter), which are not embraced herein and which are not inconsistentwith this Charter shall become ordinances of the City subject to modification or repeal in thesame manner as other ordinances of the City provided that all extra territorial powers of the Cityconferred by special act or otherwise are preserved and can be repealed or modified only byreferendum or as otherwise provided by law.Section 10.04. Precedence over Code Provisions.

If a conflict exists between the provisions of this Charter and the Code of Ordinances, theCharter provisions shall control.Section 10.05. Officers and Employees.

The adoption of this Charter shall not affect or impair the rights, privileges or immunitiesof City officers or employees at the time of the effective date of this Charter, including rightsprovided for pursuant to Chapter 447, Florida Statutes, and collective bargaining agreements.Elected officers shall continue to hold their offices for the tenns prescribed by the Charter ineffect on the date of their election, and they shall discharge their duties until their successors areelected.Section 10.06. Existing Rights, Obligations, Duties and Relationships.

(a) Continuity. All rights, claims, actions, orders, contracts and legal or administrativeproceedings involving the City shall continue except as modified pursuant to the provisions ofthis Charter.

(b) Obligations. No debt, contract obligation, or assessment by the City shall beimpaired by adoption of this Charter. All existing debts, obligations and assessments shallremain valid and enforceable, according to their tenns, under the Charter provisions applicable atthe time the debt was incurred, contract signed, or assessment imposed.

Documents

Charter Ordinance and Ballot Language