City of Gainesville - File #: 210851.

• File #: 210851.
• Version: 4
• Type: Ordinance
• Status: Adopted
• File created: 1/25/2022
• In control: City Attorney
• On agenda: 7/21/2022
• Final action: 7/21/2022
• Title: Charter Amendment Addressing Vacancies in Office (B) Ordinance No. 210851 An ordinance of the City of Gainesville, Florida; proposing an amendment to 2.04 titled "Election and terms" of the Charter Laws of the City of Gainesville; providing for submission of the charter amendment to the voters for approval or disapproval at the November 8, 2022 election; approving the question to be placed on the ballot; providing that this charter amendment shall become effective if approved by the voters; providing directions to the codifier; providing directions to the city clerk; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

Date	Ver.	Action By	Action	Result
7/21/2022	4	City Commission	Adopted on Final Reading (Ordinance) and Approved the Recommendation	Pass
7/14/2022	4	City Commission	Adopted on First Reading (Ordinance) and Approved the Recommendation	Pass
6/16/2022	3	City Commission	Approved, as shown above	Pass
6/2/2022	2	City Commission	Approved, as shown above	Pass
2/10/2022	1	General Policy Committee	Approved, as shown above

title
Charter Amendment Addressing Vacancies in Office (B)

Ordinance No. 210851

An ordinance of the City of Gainesville, Florida; proposing an amendment to 2.04 titled "Election and terms" of the Charter Laws of the City of Gainesville; providing for submission of the charter amendment to the voters for approval or disapproval at the November 8, 2022 election; approving the question to be placed on the ballot; providing that this charter amendment shall become effective if approved by the voters; providing directions to the codifier; providing directions to the city clerk; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

explanation
Currently per City Charter 2.04(4):

(4) Vacancies in office shall be filled in one of the following ways:

(a) If less than 6 months remain in the unexpired term or until the next regular election, the commission by a majority vote of the remaining members shall choose and appoint a successor, who is otherwise eligible under section 2.03 of this act, to serve until a newly elected commissioner is qualified.

(b) If more than 6 months remain in the unexpired term and a general election is not scheduled within 6 months, the commission shall fill the vacancy by a special election to be held not more than 60 days after the occurrence of the vacancy. [emphasis added]

In the time since this Charter provision was enacted, requirements and procedures regarding elections have expanded such that it is extremely difficult, and impossible in some instances, to call and conduct an election within 60 days. The recent City special election held to fill a vacancy resulted from a voluntary resignation for which the resigning commissioner provided 30 days' notice, thus expanding the time to hold the special election. Even still, the City benefitted greatly from a fortuitous calendar and the extraordinary commitment and sacrifice by the Alachua County Supervisor of Elections...