title
COMMISSION VOTING/NEW 7-MEMBER COMMISSION (B)
recommendation
The City Commission (1) authorize the City Attorney to draft, and the Clerk of the Commission to advertise, an ordinance amending the City Charter subject to voter approval on April 8; or (2) refer the matter to the Charter Review Committee for a recommendation at the January 13 Commission meeting; or (3) take no action at this time.
explanation
Due to the decision of the voters in November, I have begun a review of the Charter and Code of Ordinances to determine whether any changes are necessary to reflect the increase to 7 members. This review will be expanded to include rules and bylaws of those boards and committees for which the Commission serves as trustees or board members. I will be returning to you early next year to discuss ordinances or resolutions to resolve most of these issues. However, changes to the Charter require a referendum vote of the electorate. The most practical time to have this referendum would be the regular city election scheduled for April 8. You would need to adopt an ordinance calling the referendum in early February. I am therefore bringing this issue to you now.
One section of the Charter, while legal as stated, will no longer serve the purpose for which it was adopted when there is a seven-member commission. It reads:
CITY CHARTER
Section 2.07 The commission shall act by motion, proclamation, resolution or ordinance. Unless otherwise provided by this act or by law, a motion or a proclamation is adopted when approved by the votes of a majority of the members present, and an ordinance or resolution is adopted by the votes of three or more commissioners.
COMMENTARY
The last part of this section (the part in bold) currently comes into play when fewer than five commissioners are present. The purpose is to require that a majority of ALL commissioners be in favor of an ordinance or resolution for it to be adopted, not just a majority of t...
Click here for full text