Final Charter 091009

CITY OF PENSACOLA FINAL REPORT/REVISED

CHARTER

CHARTER REVIEW REVIEW COMMISSION COMMISSION CHARTER AUGUST 19,2009 AUGUST19,2009 (AND AS CORRECTED CORRECTED AND AND CIRCULATED CIRCULATED 13Y BY (AND BY THE THE CITY CITY ATTORNEY'S ATTORNEY'S OFFICE OFFICE ON ON SEPTEMBER SEPTEMBER

9, 2009 9,2009

CHARTER FOR THE OF PENSACOLA CHARTER FOR THE CITY CITYOF PENSACOLA

TABLE OF TABLE OF CONTENTS CONTENTS Preamble Preamble Article Article I General Powers Powers of the City City General of the Section General Powers Powers and Corporate Existence Existence . . . . . . . . . . . . . . . . . . . . . 6 Section 1.0 1.0 1. 1 . General and Corporate Section 1.02. 1.02. Construction Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. . Section Section 1.03. 1.03. Intergovernmental Intergovernmental Relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. Section Relations Article II Article I1 Corporate Boundaries Boundaries Corporate Section Corporate Boundaries Boundaries . . . . . . . . . . . . . . . . . . . Section 2.0 2.0 11.. Corporate

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Article I11 III Article Elected City City Positions Elected Positions Section Government. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 3.01. 3.0 1 . Form Form of of Government Section Election and Terms. . . . . . . . . . . . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... 7 Section 3.02. 3.02. Election and Terms Section 3.03. and Council Section 3.03. Limitations Limitations of of Terms Terms for for Mayor Mayor and Council Members; Members; Effective Date Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. Effective (a) Mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 (a) Mayor (b) City Council Council Members Members. . . . . . . . . . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... 7 (b) City Article Article IV Mayor and and City City Council Council Mayor Section 4.0 1. Section4.01. (a) (a) (b) (b) (c) (c) Section Section 4.02. 4.02. (a) (a) (b) (c) (c) Section Section 4.03. 4.03. (a) (a) (b) (c) (c) (d) (d) (e) (e) Section Section 4.04. 4.04.

Mayor . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Mayor. Powers and Duties Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. Powers and Vacancy Vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9. Compensation . .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. . . . . . . . .. .. .. .. .. .. .. .. .. .. ....... . 9. Compensation. City City Council. Council . . .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. . . . . . . . .. .. .. .. .. .. .. .. ... . .9 Powers and and Duties Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Powers Vacancies. . . .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . . . . . .. .. .. .. .. .. ... . .10 Vacancies 10 Compensation. . .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. . . . . . . . . . .. .. .. .. .. .. .. ... . . 10 Compensation 10 10 City Council Council Procedures. Procedures . . .. .. .. .. .. .. .. .. .. .. .. .. .. ..... .. .. .. .. .. .. .. .. .. .. .. .. . ... . . 10 City Meetings Meetings. . . .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . . . . . . .. .. .. .. .. .. ... . . 10 10 Rules Rules and and Minutes Minutes. . . .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. . . . . . . . . .. ... . .10 10 10 Voting Voting and and Quorum Quorum. . . . . . . .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... . 10 Veto Override. Override . . . .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. . .. . . . . . . . . ... . . 10 10 Veto President, Vice Vice President President of President, of City City Council Council. . . . . .. .. .. .. .. .. .. .. .. .. .. .. ... . 10 10 Prohibitions Prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 11 2

(a) (a) (b) (b) (c) (c)

Section 5.01. 5.01. Section Section 5.02. Section 5.02. Section 5.03. 5.03. Section Section 5.04. Section 5.04. Section 5.05. 5.05. Section (a) (a) (b) (b)

Appointment and and Removal. Removal . .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... . . . 11 11 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . Interference with with Administration. Administration . . . . . . . . . . . . . . . . . . . . . . . .. 11 11 Interference I-Iolding other other Office. Office . .. .. .. .. .. .. .. .. .. .. .. ....... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... . . 11 11 Holding Article V V Article Appointed City Positions Appointed City Positions City Clerk Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 12 12 City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . City Administrator 12 12 City Administrator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . City Attorney Attorney 12 City . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Departments 12 Departments . 12 City Boards, Boards, Commissions Commissions and and Authorities Authorities . . . . . . . . . . . . . . . . . .. 12 12 City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Establishment 12 Establishment. . 12 Membership and and Removal. Removal . . . . . . ~. . . . . . . . . . . . . . . . . . . . . . . . .. . 12 12 Membership Article VI VI Article Elections Elections

Nonpartisan Elections Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 Nonpartisan l
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Section 6.05. 6.05. Section (a) (a) (b) (b)

Candidate Qualifying Qualifying Oath Oath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 14 Candidate Qualifying Oath Oath oror Affirmation. Affirmation .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... . . 14 14 Qualifying Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14

Section 6.06. 6.06. Alternative Alternative toto Qualifying Qualifying Fee Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 14 Section . (a) Petition Process Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 14 (a) Petition (b) Petition Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 (b) Petition Forms 14 (c) Valid Signatures Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 14 . (c) Valid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) Verifying Names 15 (d) Verifying Names 15 Section 6.07. 6.07. Commencement CommencementofofTerm TermofofOffice Office . . . . . . . . . . . . . . . . . . . . . . . . . .15 15 Section .16 Section6.08. 6.08. Council Council Districts. Districts .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .... . 16 Section (a) Number of Districts 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (a) Number of Districts 16 (b) DistrictingCommission; Commission;Composition; Composition;Appointment; Appointment;Terms; Terms; (b) Districting Vacancies; Compensation . . . . . . . . . . . . . . . . . . . . . . 16 Vacancies; Compensation. . . . . . . . . . . . . . . . . . . . . . . .. .. .. ..... .. .... . . 16

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(c) (c)

(d) (d) (c) (e)

Section Section Section Section Section Section Section Section Section Section

7.01. 7.01. 7.02. 7.02. 7.03. 7.03. 7.04. 7.04. 7.05. 7.05.

(a) (b) (c) (d) Section 7.06. 7.06. Section Section 7.07. 7.07. Section (a) (b) (c) Section Section 7.08. 7.08. (a) (b) (b)

Powers and Duties Duties of of the the Commission; ].learings. Submissions Powers and Commission; Hearings, Submissions and and Approval Approval of of Plan Plan. . . . . . . . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Districting Plan; Plan; Criteria. Criteria . . .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. . . . . . . . .. .. .. . Districting Ixffect Enactment . . . . . . . . . . . . . . . .. . . . .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. Effect of of Enactment.

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Article Article VII VII Recall. Recall, Initiative. Initiative, and and Referendum Referendum Recall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18 Recall. . . . . . . . . . .. Power of of Initiative. Initiative . .. .. .. .. .. .. .. .. .. .. .. ..... .. .. .. .. .. .. .. .. .. . . . . . . .. .. .. .. .. .. ... . . 18 18 Power Power of of Referendum. Referendum . . . .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ........... .... . 18 Power 18 Commencement of of Proceedings. Proceedings . . . .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. . . . . ... . . 18 18 Commencement Initiative or or Referendum Referendum Petitions. Petitions . . .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .... . 18 18 Initiative Number and and Signatures. Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . 18 18 Number Form Content . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .... . 19 19 Form and and Content. Statement 19 Statement of of Circulator Circulator. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .... . 19 Filing 19 Filing Deadline Deadline. . . . . . . . . . . . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... 19 Verification of of Petitions Verification Petitions. . . . .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .... . 19 19 Action on on Petitions. Petitions . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. .. . . . .. .. .. ... . 19 Action 19 Action 19 Action by by City City Council. Council . . . . . . . . . . . . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .... 19 Submission Electors. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. .. .. .. .... 20 Submission to to Electors 20 Withdrawal Withdrawal of of Petitions. Petitions . . . . . . . . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... 20 20 Election Results. Results . . . . . . .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... . 20 Election 20 Initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 20 Initiative Referendum 20 Referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 .

Article VIII VIII Article Charter Charter Review Review and and Charter Charter Amendments Amendments 20 Section 8.0 8.01.1 . Charter Section Charter Review Review Commission Commission. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..... .. .. .. .. .. .. .. .. .. .... . 20 (a) Charter Review Commission Established . . . . . . . . . . . . . . . . . . 20 Charter Review Commission Established. . . . . . . . . . . . . . . . . . . 20 (a) Composition . .. .. .. .. .. .. .. .. .. .. ..... .. .. .. .. .. .. .. .. .. . . . . . . .. .. .. .. .. .. .. .. .. .. .. ... . . 20 20 (b) Composition. (b) (c) Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20 (c) Rules and and Compensation. Compensation . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .... . 21 (d) Rules (dl (e) Expenses . Expenses. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. . . . . . .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .... . . 21 (el Review . . . .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. . . . . . . . . .. .. .. .. .. .. .. .. .. .. ..... .. .... . .21 (f) Review. (f) (g) ReportandProcess Report and Process. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . . ... . . 21 (6) Section CharterAmendments Section 8.02. 8.02. Charter Amendments. . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .... . 21 (a) Initiation by Ordinance Initiation Ordinance. . .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. . . . . . .. ... . . 21 (a) (b) Initiation by Petition Initiation by Petition. . . .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . . . ... . . 21 (b) (c) Consistency . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... ....... . 21 Consistency. (c)

Article IX Article Miscellaneous Miscellaneous Section 9.01. 9.01. Code Code of of Ethics. Ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 22 Section

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Article X Article Schedule Schedule 10.01. Effective Date Date. . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... . 22 10.0 1 . Effective 10.02. Ordinances Preserved. . . . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... . 22 10.02. Ordinances Preserved 10.03. Repeal Repeal of of Former Former Charter Charter Provisions Provisions. . . . . . . . . . . . . . . . . . . . . . ... . 22 10.03. 10.04. Precedence over Code Provisions. 10.04. Precedence over Code Provisions . . .. .. .. .. .. .. .. .. .. .. ..... .. .. .. .. .. .. .. .. . ... . . 22 10.05. Officers Officers and and Employees Employees. . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. . . ... . . 22 10.05. 10.06. Existing Existing Rights, Rights, Obligations, and Relationships Relationships. . . . . . . . . 23 10.06. Obligations, Duties Duties and (a) Continuity. (a) Continuity . . .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. . . . . . . . .. .. .. .. .. .. .. .. .. .. ... . . 23 (b) Obligations. (b) Obligations . . .. .. .. .. .. .. .. .. .. .. ..... .. .. .. .. .. .. .. .. . . . . . . . . . .. .. .. .. .. .. .. .. ..... . . 23 (c) Other (c) Other Government Government Units. Units . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... . 23 (d) Commencement of Terms Elections. . . . . . . . . . . .... 23 Commencement of Terms for for Year Year 2010 201 0 Elections (d) Section 10.07. 10.07. Transition Transition. . . . .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. . . . . . . . . .. .. .. .. .. .. .. .. .. .. ... . . 23 Section Section 10.08. Severability Severability.......................................... Section 10.08. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section Section Section Section Section Section Section Section Section Section Section Section

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

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

ARTICLE ARTICLE I GENERAL POWERS POWERS OF OF THE CITY GENERAL THE CITY Section General Powers Powers and and Corporate Corporate Existence. Existence. Section 1.01. General

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

Section 1.02. Construction. Section 1.02. Construction. The powers powers of the City under under this this Charter Charter shall shall be construed construed liberally liberally in favor favor of the City, City, and the specific specific mention mention of particular particular powers powers in the Charter Charter shall shall not be construed construed as limiting limiting in any way the general general power power granted granted in this this Article. Article.

Section 1.03. Intergovernmental Relations. Section 1.03. Intergovernmental Relations. The City may participate participate by contract contract or otherwise otherwise with any governmental governmental entity entity of the State State of Florida Florida or any other other state state or states states or the United United States States of America America in the performance performance of any activity activity which which one one or more more of such such entities entities has has the authority authority to undertake. undertake.

ARTICLE ARTICLE I1 II CORPORATE CORPORATE BOUNDARIES BOUNDARIES Section 2.01. Corporate Boundaries. Section 2.01. Corporate Boundaries. The corporate boundaries boundaries of the City of Pensacola Pensacola shall shall remain remain fixed fixed and established established as The corporate exist on the date date this this Charter Charter takes takes effect, effect, provided provided that the City shall shall have have the power power to they exist change its boundaries boundaries in the the manner manner prescribed prescribed by law. change

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ARTICLE 111 ARTICLE III ELECTED CITY CITY POSITIONS ELECTED POSITIONS Section 3.01. Form of Government. Government. Section 3.01. Form government. There shall be a City Council, Council, The City shall shall have a Mayor-Council Mayor-Council form of government. There shall which body of the City legislative powers powers of the City vested which shall shall be the governing governing body City with all legislative vested therein, Council Members, Members, one from each each of the seven therein, consisting consisting of nine nine (9) Council one (1) to be elected elected from seven (7) election districts of the City, and two Council Members elected at large ("A" and "B"). There election districts City, and two Council Members elected large There shall also also be a Mayor Mayor who who is elected elected at large large and who shall shall not be a member member of City Council. Council. shall Section 3.02. Section 3.02. Election Election and and Terms. Terms.

nonpartisan primary The nonpartisan primary and general general election election of the the Council Council Members Members and the Mayor Mayor shall be held in the manner manner provided provided in Article Article VI ofthis terms of office office for shall of this Charter Charter and the terms Mayor and Council Council Members Members shall shall be four commence on the fourth Mayor four (4) years years and will commence fourth Tuesday Tuesday in November after after his or her election election at 12 o'clock o'clock noon. noon. November The elections for Council Council Members Members for districts districts 2, 4, 6, one at-large Council The base year for elections at-large Council Member ("A"), and the Mayor Mayor shall shall be 2010, 2010, and shall shall be for a four-year four-year term. term. The The base year for Member elections for Council Council Members Members for districts districts I, 1, 3, 5, 7, and one one at-large at-large Council Council Member Member ("B") elections shall be 2012 shall be for a four-year four-year term. term. l'hese are established only for shall 2012 and shall These base year dates dates are established only the purpose purpose of scheduling scheduling elections elections and staggering staggering terms, terms, and do not impact impact the term limit requirements 3, 5 , 7, and one at-large at-large Council requirements of Section Section 3.03. 3.03. Council Council Members Members for districts districts 1, 1,3,5, Council Member shall serve serve a two-year two-year term. term. Terms Terms served served by the Mayor Member ("B") elected elected in 201 20100 shall Mayor or a Council Member Member immediately immediately preceding preceding the base base year dates dates shall shall not be counted counted in applying applying Council Section 3.03. 3.03. Section

Section 3.03. Section 3.03. Limitations Limitations of Terms Terms for for Mayor Mayor and and Council Council Members; Members; Effective Effective Date. Date. (a) Mayor. No person elected to serve serve as Mayor three consecutive (a) Mayor. person shall shall be elected Mayor for more more than than three consecutive terms terms on and after after the general general election election in November November 2010. 20 I O. (b) City City Council Council Members. elected to serve serve as a Council Council Member Member for (b) Menzbers. No person person shall shall be elected districts 3, 5, 7, and at-large more than three districts 1, 1,3,5,7, at-large ("B") for more three consecutive consecutive terms terms on and after after the general November 2012. person shall shall be elected elected to serve serve as a Council general election election in November 2012. No person Council Member Member for districts districts 2, 4, 6, and at-large ("A") for more than three consecutive terms on and after the at-large more three consecutive terms general 10. general election election in November November 20 2010. ARTICLE ARTICLE IV MAYOR AND COUNCIL MAYOR AND CITY CITY COUNCIL

Section Section 4.01. 4.01. Mayor. Mayor. (a) Powers and and Duties. Duties. The who shall shall serve full-time capacity, capacity, and shall (a) Powers The Mayor, Mayor, who serve in a full-time shall exemplify have the following following powers powers and exemplify good citizenship citizenship and exhibit exhibit a cooperative cooperative spirit, spirit, shall shall have duties: duties: 7

City and supervise (1) To exercise exercise the executive executive powers powers of the City supervise all departments, departments, including, officers and including, but not limited limited to, the the power power to appoint, appoint, discipline, discipline, and remove remove all officers employees, unless employees, unless otherwise otherwise provided provided in this this Charter. Charter. (2) To enforce charter and ordinances ordinances of the City enforce the charter City and all applicable applicable County, County, State, State, or federal federal general general laws, laws, special special laws laws or ordinances. ordinances. (3) To present present recommendations recommendations to the City Council Council on the requirements requirements of its municipal government. municipal government.

(4) To appoint appoint a City City Administrator, Administrator, who who shall shall serve serve at the pleasure pleasure of the Mayor. Mayor. (5) To appoint consent of the City Council Council by an appoint a City City Attorney, Attorney, with the consent affirmative vote of a majority majority of City City Council Council members, members, and who affirmative who may may be removed removed by the Mayor Mayor consent of the City City Council Council by an affirmative affirmative vote majority ofthe of the City Council with the consent vote of a majority Council Members. Members. appoint the City City Clerk, Clerk, with the consent consent of the City City Council Council by an (6) To appoint affirmative vote of a majority majority of the City City Council Council Members, Members, and who who may may be removed removed by the affirmative Mayor with the consent consent of the City Council Council by an affirmative affirmative vote vote of a majority majority of the City Mayor Council Members. Members. Council head of each department, (7) To appoint appoint the head department, with the consent consent of the City Council Council by an affirmative affirmative vote vote of a majority majority of City City Council Council Members. Members.

(8) To suspend, suspend, discipline, discipline, or remove remove a department department head with or without without cause, cause, and without Council Members, Members, unless unless otherwise otherwise provided provided for in this Charter. without the consent consent of City Council this Charter. (9) To prepare prepare and submit budget and capital program to the City submit the the annual annual budget capital program Council. Council.

(10) exercise a veto veto power powcr over over ordinances ordinances and resolutions resolutions adopted adopted by City (10) To exercise Council within within five (5) days days of adoption Council, except except the Mayor Mayor may not exercise exercise Council adoption by City Council, veto power power over over (i) an emergency emergency ordinance ordinance as defined defined in Florida Statutes; (ii) those ordinances Florida Statutes; those ordinances adopted adopted as a result result of quasi-judicial quasi-judicial proceedings proceedings when when such such proceedings proceedings are mandated mandated by law; law; and (iii) (iii) ordinances ordinances proposing proposing Charter Charter amendments, amendments, which which the Council Council is required required by law or by this this Charter Charter to place place on the the ballot. ballot. The The Mayor Mayor may veto veto any "line "line item" item" in a budget budget or appropriation appropriation ordinance ordinance or resolution resolution within within five five (5) days days of adoption adoption by City Council. Council. A veto overridden only only by an affirmative affirmative vote vote of at least least six (6) Council Council Members. Members. may be overridden (1 1) To attend attend all meetings meetings of the City City Council Council with authority authority to participate (11) participate in discussions, but without without power power to vote. vote. discussions, (12) makc available available to the public (12) To submit submit to the City Council Council and make public a complete complete report report of the finances finances and administrative administrative activities acti::ities of the City at the end of each each fiscal fiscal year. year.

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(13) To keep keep the the City City Council Council fully fully advised advised as as to to the the financial financial condition condition and and (1 3) To future needs needs of of the the City. City. future (14) To his or or her her entire entire work time to to the the performance performance of of the the duties duties of of the the (14) To devote devote his work time Mayor's shall hold elected public public office office while while Mayor. Mayor. Mayor's office, office, and and shall hold no no other other elected (15) with this this Charter, of the the City City (1 5) To To determine, determine, consistent consistent with Charter, the the organization organization of government and and the the power power and and duties duties assigned assigned to the the various various departments. departments. government

Vacancy. (b) Vncnt~cy. (1) Vacancy caused by death, death, rcsignation, resignation, refusal refusal of of the the Mayor Mayor to to serve, serve, removal, removal, (1) Vacancy caused by or for for any any other other reason, reason, shall shall be be filled filled by the the Prcsident President of of City City Council Council as as Acting Acting Mayor, Mayor, who who or shall serve until a successor is appointed and sworn in. City Council shall fill the vacancy shall serve until successor is appointed and sworn in. City Council shall fill the vacancy by a majority vote, vote, and and such such vacancy vacancy shall shall be be filled vacancy occurs. majority filled within within thirty thirty (30) (30) days days after after the the vacancy occurs. The appointed appointed Mayor shall serve of the the previous previous Mayor Mayor unless unless the the uncxpired unexpired The Mayor shall serve the the unexpired unexpired term term of term of of the the previous previous Mayor Mayor is twenty-eight twenty-eight (28) (28) months months or or longer. longer. If the the unexpired unexpired term term is term twenty-eight (28) (28) months months or or longer, longer, a person person shall shall be be elected elected at the the next next general general election election to fill twenty-eight fill the unexpired portion portion of of such such term. term. the unexpired (2) The The Mayor Mayor appointed appointed by the the Council Council must must meet meet the the qualifications qualifications for for office office (2) as set set forth forth in 6.03 6.03 of of this this Charter Charter at the the time time of of appointment. appointment. as (c) Compensation. The The salary the Mayor Mayor shall shall be ordinance, (c) Compensation. salary compensation compensation of of the be set set by ordinance, which shall take effect upon the mayor assuming office following the next Mayoral which shall take effect upon the mayor assuming office following the next Mayoral election. election.

Section 4.02. City Council. Council. Section 4.02. City City Council ((a) a ) Powers Powers and nnd Duties. Duties. City Council Members Members shall shall exemplify exemplify good good citizenship citizenship and and exhibit exhibit a cooperative cooperative spirit. spirit. The The City City Council Council shall shall have have the the following following powers powers and and duties: duties: (I) and resolutions resolutions in the the best best (1) To To legislate legislate for for the the City City by by adopting adopting ordinances ordinances and interest of of all all citizens citizens of of the the City. City. interest (2) To annual budget other appropriations (2) To adopt adopt the the annual budget and and all all other appropriations necessary necessary for for efficient City government. efficient City government. (3) To inquire into the the conduct conduct of of any any municipal municipal office, office, department, department, agency agency or or (3) To inquire into officer and and to investigate municipal that purpose, purpose, may may subpoena subpoena witnesses, witnesses, officer to investigate municipal affairs, affairs, and and for for that administer oaths oaths and compel the the production production of of books, books, papers, other cvidence. evidence. administer and compel papers, or or other (4) an ordinance resolution by an an affirmative affirmative (4) To To override override the the Mayor's Mayor's veto veto of of an ordinance or or resolution vote of least six six (6) (6) Council Council Members. Members. vote of at least (5) l'o To devote the performance performance of City Council Council (5) devote such such time time as as is necessary necessary to the of City duties, and and shall shall hold hold no no other other elected elected public public office office or or be an an employee employee of of the the City City while while a City City duties, Council Member. Member. Council

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(b) ( b ) Vacancies. Vacancies.

(1) If a vacancy vacancy on the Council Council caused caused by death, death, resignation, resignation, refusal refus~l of any Council Member Member to serve, serve, removal removal of any Council Council Member, Member, the moving moving of a Council Member Council Council Member district from which which the Council Council Member Member is elected, elected, or for any other other reason, vacancy from the district reason, the vacancy shall be filled for the unexpired unexpired term of the vacated vacated seat by a majority majority vote of ofthe remaining shall the remaining Council Members, Members, and such such vacancies vacancies shall be filled filled within within thirty thirty (30) after the the vacancy vacancy Council (30) days days after occurs. The appointed appointed Council Council Member Member shall shall serve serve the unexpired unexpired term of the the previous previous Council Council occurs. Member unless unless the unexpired unexpired term term of the previous previous Council Council Member Member is twenty-eight twenty-eight (28) (28) months months Member or longer. longer. If the unexpired unexpired term term is twenty-eight twenty-eight (28) months or longer, a person shall be elected (28) months longer, person shall elected at the next general election to fill the unexpired unexpired portion portion of such such term. term. general election The Council Council Member appointed by the Council Council must must meet the qualifications qualifications (2) The Member appointed office as set forth forth in 6.03 this Charter for office 6.03 of this Charter at the the time time of appointment. appointment. (c) Compensation. The salary salary compensation Council Members Members shall shall be set by (c) Compensation. The compensation of Council ordinance, which shall take effect effect upon upon the Council Council Member Member assuming assuming office office following following the the next ordinance, which shall take next Council election. Council election. Section 4.03. City Council Section 4.03. City Council Procedures. Procedures.

(a) Meetings. Council shall shall meet meet regularly regularly at least once (a) Meetings. The The City Council once every every month month at such such times times and places places as the City City Council Council may prescribe. prescribe. Special Special meetings meetings may be held on the call of Council president president or the the Mayor Mayor or at the the request request of three three (3) (3) of the Council the City Council the City Council Members to the City Clerk Clerk and, and, whenever whenever practicable, practicable, upon no less than twelve twelve (12) (1 2) hours Members hours notice notice Member and the public, such shorter Council president, president, to each Council Council Member public, or such shorter time time as the City Council Mayor, or three Mayor, three (3) City Council Council Members Members deems deems necessary necessary in the event event of an emergency. emergency. ( b ) Rules Rules and and Minutes. Minutes. The The City City Council Council shall shall determine determine its own own rules rules of procedure procedure and (b)

order of business, business, and shall shall keep keep minutes minutes of its proceedings proceedings that shall shall be open open for public public order inspection. The The City City Council Council shall shall establish establish procedures procedures for making making copies copies of all resolutions, resolutions, inspection. ordinances, and this this Charter Charter available available to the the public public for inspection inspection and for purchase purchase at a ordinances, reasonable price, price, in conjunction Florida law. reasonable conjunction with the requirements requirements of Florida (c) Voting and Quorum. Voting on ordinances resolutions shall (c) Voting Quorum. Voting ordinances and resolutions shall be by electronic electronic tally devices, such other means as may may be adopted adopted by the City The City Clerk Clerk devices, or by such other means City Council. Council. The Reports of Council Action shall shall be written permanently recorded. recorded. A majority Reports Council Action written and permanently majority of the existing existing membership Council shall shall constitute constitute a quorum; quorum; but a smaller smaller number number may may adjourn adjourn from membership of City Council time to time time and may compel compel the attendance attendance of absent subject to the time absent members members in the manner manner and subject penalties prescribed by the rules Council except except as penalties prescribed rules of the City Council. Council. No action action of City City Council otherwise otherwise provided provided in the preceding preceding sentence sentence shall shall be valid valid or binding binding unless unless adopted adopted by the affirmative affirmative vote of the majority majority of the existing existing membership membership of City City Council, Council, except except that if five (5) or more Council Council Members Members are ineligible ineligible to vote on a particular particular item because because State State law requires requires the Council Council Members Members to abstain abstain from from voting, voting, then then the remaining remaining Council Council Members Members may vote and approve approve the item by unanimous unanimous vote. vote.

(d) Council may, may, by an affirmative affirmative vote vote of at least six (6) (d) Veto Override. Override. The The City Council (6) of Council Members, Members, override override the Mayor's veto of an ordinance the nine (9) City Council Mayor's veto ordinance or resolution resolution at 10

any time time prior prior to midnight midnight on the fifth fifth (5"') (5th) business after the day the Mayor exercises the business day after Mayor exercises prior to midnight midnight on the the day of the the next next City Council Council meeting meeting after after the the exercise exercise of the veto or prior Mayoral veto, veto, whichever whichever last occurs. occurs. Mayoral Council overrides overrides a veto, veto, the ordinance ordinance or resolution resolution shall be effective effective If City Council immediately or as otherwise otherwise provided provided therein. therein. If City City Council Council fails fails to override override a vcto, veto, the immediately ordinance or resolution resolution shall fail and be of no effect. effect. Ordinances Ordinances adopted adopted by City Council Council shall ordinance effective unless unless vetoed vetoed by the Mayor Mayor upon the expiration expiration of the fifth business business day after after said be effective adoption, or shall be effective effective upon such such later datc date as may be provided provided therein. therein. The The Mayor Mayor may adoption, notify the City Council Council through through written written notice notice filed with thc the City Clerk Clerk that he or she will not notify ordinance or resolution, resolution, whereupon whereupon the ordinance ordinance or resolution resolution may become become effectivc effective veto the ordinance business day after after adoption adoption of said said ordinance ordinance or resolution resolution if the ordinance ore ore prior to the sixth business the ordinance resolution so provides provides for such such an earlier earlier effective effective datc. date. resolution City Council. The City City Council Council shall shall elect elect one of its (e) President, President, Vice Vice President President of City Council. The Members as president president and another another as vice vice president president on the fourth fourth Tuesday Tuesday in November November of each Members year. The The City Council Council may remove remove the City City Council Council president president or vice vice president president by an year. affirmative vote of at least five five ((5) City Council the event event of vacancy vacancy in the office office affirmative 5 ) City Council Members. Members. In the of president president, the City City Council Council shall shall elect elect one of its Members Members to fill the president or vice president, remaining term term of the vacant vacant position. position. The The president president shall shall preside remaining preside at the meetings meetings of the City Council Council and in his or her absence, absence, the vice president president shall shall preside. preside. The The president president shall shall perform perform the duties duties consistent consistent with the office office and as otherwise otherwise imposed imposed by the City City Council. Council. Section Section 4.04. 4.04. Prohibitions. Prohibitions. (a) and Removal. (a) Appointment Appointment and Removal. No individual individual City City Council Council Member Member shall shall in any manner appointment or removal removal of any administrative administrative officer officer or employee employee whom manner dictate dictate the the appointment whom the Mayor Mayor is empowered empowered to appoint, appoint, except except as provided provided elsewhere elsewhere in this this Charter. Charter. The The City Council Council may, may, however, however, express express its views views and fully fully and freely freely discuss discuss any and all matters matters with the Mayor Mayor pertaining removal of City City officers officers and employees. employees. ' pertaining to the appointment appointment and and removal (b) Interference Administration. Except for the purpose purpose of inquiries inquiries and (b) Interference with wit11Administration. Except investigations investigations made made in good good faith, faith, the City Council Counciloror Council Council Members Members shall deal with the City officers officers and employees, employees, who are subject subject to the direction direction and supervision supervision of the Mayor, Mayor, solely solely through through the Mayor. Mayor. Neither Neither the City City Council Council nor Council Council Members Members shall shall give give orders orders to any such such officer officer or employee, employee, either either publicly publicly or privately. privately. It is the express express intent intent of this this Charter Charter that recommendations recommendations for improvement improvement of municipal municipal governmental governmental operations operations by individual individual Council Council Members be made solely to and through the Mayor. Members made solely through Mayor.

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

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ARTICLE ARTICLE V APPOINTED POSITIONS APPOINTED CITY CITY POSITIONS Section 5.01. 5.01. City City Clerk. Clerk. Section There Mayor with the consent of the There shall shall be a City Clerk Clerk who who shall shall be appointed appointed by the Mayor the consent City Council by an affirmative vote of a majority of Council Members, and whose duties and Council affirmative vote majority Council Members, whose duties responsibilities are as provided provided for by this this Charter. Charter. Although Although an appointee appointee of the Mayor, Mayor, the responsibilities Clerk shall serve the entire City government. The Clerk shall keep and have the care Clerk shall serve entire City government. The Clerk shall keep have the care and custody of the books, books, records, records, papers, papers, legal documents documents and journals journals of proceedings proceedings of the City custody Council and shall carry out such additional duties as may be required by the Council Counciloror the Council shall carry out such additional duties required Mayor. The The City Clerk Clerk may be removed removed from office office with the concurrence concurrence of the Mayor Mayor and a Mayor. majority of the City Council. Council. majority Section Administrator. Section 5.02. 5.02. City City Administrator. There Administrator who who shall shall be appointed appointed by the the Mayor, Mayor, and who shall shall There shall shall be a City Administrator serve at the pleasure pleasure of the Mayor. Mayor. The The City City Administrator Administrator shall be in charge charge of the daily daily serve operations of the City. City. Prior Prior to appointment appointment by the Mayor, Mayor, the City City Administrator Administrator shall have had operations relevant management, management, executive, executive, or administrative administrative experience. experience. relevant Section Attorney. Section 5.03. 5.03. City City Attorney. The The City Attorney Attorney shall shall serve serve as the chief chief legal legal adviser adviser to, and shall shall represent, represent, elected elected or appointed appointed officials, officials, boards boards and commissions, commissions, and employees employees in the course course and scope scope of their their official official duties duties or employment, employment, respectively. respectively. The The City City Attorney Attorney shall shall represent represent the City in legal proceedings proceedings and shall shall perform perform any other other duties duties prescribed prescribed by State State law, law, by this this Charter, Charter, or by ordinance or resolution. resolution. The The Mayor Mayor shall shall appoint appoint the City Attorney, Attorney, with the consent consent of the City ordinance Council by an affirmative City Council Council Members. Members. The The City City Attorney Attorney may Council affirmative vote ooff a majority majority of City be removed rcmoved from from office office with with the concurrence concurrence of the Mayor Mayor and a majority majority of the thc City Council. Council. Section Section 5.04. 5.04. Departments. Departments. The shall determine, this Charter, organization of the City The Mayor Mayor shall determine, consistent consistent with this Charter, the organization government and prescribe prescribe the the duties duties and responsibilities responsibilities assigned assigned to the various various departments. departments. government Section 5.05. Boards, Commissions Authorities. Section 5.05. City City Boards, Commissions and and Authorities. (a) Unless otherwise provided by law, law, City shall establish establish or (a) Establishment. Establislrment. Unless otherwise provided City Council Council shall terminate by ordinance, boards, commissions authorities as it may may deem deem advisable advisable from terminate ordinance, such such boards, commissions and authorities time to time. time. time (b) and Removal. Removal. Unless Unless otherwise law, City City Council shall ( b ) Membership Memberslzip and otherwise provided provided by law, Council shall determine procedures, procedures, membership membership and removal removal from from City City boards, boards, commissions commissions and authorities. authorities. determine

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ARTICLE ARTICLE VI ELECTIONS ELECTIONS Section 6.01. 6.01. Nonpartisan Nonpartisan Elections. Section Elections. All nominations nominations and elections elections for the offices offices of Mayor Mayor and City shall be City Council Council Member Member shall conducted on a nonpartisan nonpartisan basis. conducted basis. Section 6.02. 6.02. Electors. Electors. Section resident of the City, City, is a qualified qualified Florida Florida elector, elector, and who has been Any person person who is a resident assigned a voter voter registration registration number number by the County County Supervisor Supervisor of Elections Elections to vote in a City assigned precinct shall be an elector elector of the City. City. precinct Section 6.03. Qualifications, Eligibility, and Section 6.03. Qualifications, Eligibility, and Filing Filing Fee. Fee. (a) Qualifications and Eligibility. Eligibility. Any person who is a resident resident of the City, (a) Qualifications and person who City, has qualified the county qualified as a Florida Florida elector, elector, and has been been assigned assigned a voter voter registration registration number number by the county supervisor of elections to vote in a City precinct not less than one (l) year prior to the end of the supervisor elections vote precinct one (1) prior qualification period, period, shall shall be an elector elector of the City City who who shall shall be eligible eligible to run for the office office of qualification Mayor and at-large candidate for a City Council Mayor at-large Council Council offices offices ("A" and "B"), while while a candidate Council district district office declared district district for at least one (1) year prior office must must have been a resident resident of the declared prior to the end qualification period. period. If he or she ceases ceases to possess possess any such such qualifications qualifications during during his or of the qualification office, or if he or she violates violates any express express prohibition prohibition of this this Charter, Charter, he or she shall her term of office, forthwith forfeit forfeit the office, office, and the Council Council shall remove remove him or her from from office. office. forthwith Filing Fee. candidate shall shall pay to the qualifying qualifying officer officer a filing ((b) b ) Filing Fee. Each Each candidate filing fee in the amount of three three percent percent (3%) (3%) of the annual annual salary salary of the office Mayor or office office of Member Member of amount office of Mayor City Council, provided by Florida Florida law. law. Council, as well as an election election assessment assessment as provided Determination of and Eligibility. Eligibility. The The City City Clerk shall be the judge (c) Determination of Qualifications Qualifications and Clerk shall judge of qualifications qualifications for candidates candidates for the positions of Mayor and City Council. positions Mayor Council. Section 6.04. 6.04. Elections Elections Procedures. Procedures. Section (a) Cer~eral General and and Primary Primary Elections. Elections. City Council (a) Council shall shall make make all necessary necessary arrangements arrangements for holding elections and shall holding the regular regular City elections shall declare declare the results results thereof. thereof. The The general general election election for contests (3) or more more candidates candidates shall shall be held on the date contests with three three (3) date of the primary primary election election established established by general general law for election election of State State and County County officers. officers. The The runoff runoff election election for the two (2) candidates candidates receiving receiving the greatest greatest number votes at the primary primary election, election, where where none number of votes received a majority, majority, shall shall be held on the date date of the general general clection election established established by general general law received election of State State and County County officers. The general general clection election for contests contests when there there are only only for election officers. The shall be held on the date general election general law for two (2) candidates candidates shall date of the general election established established by general election of State State and County County oflicers. officers. election (b) Appointments by Supervisor Supervisor of Elections Elections determines ( b ) Appoit~tments Supervisor of of Elections. Elections. The The Supervisor determines appointment the elections. elections. appointment of inspectors, inspectors, clerks clerks and deputies deputies of the

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(c) Notice of The City City Clerk shall cause notice of the time time and place of (c) Notice of Elections. Electiorzs. The Clerk shall cause a notice of the and place of holding all City City elections be published holding all elections to to be published in in a newspaper newspaper published published in in the the City, City, for for at at least least once once a week (2) consecutive consecutive weeks prior to to the the beginning beginning of of week for for two two (2) weeks during during the the thirty thirty (30) (30) days days prior qualifying. qualifying. (d) One One Candidate. election for for Mayor Mayor or for any any City shall be be (d) Candirlate. No No election or for City Council Council office office shall required in any any election election in which which there there is only required only one one (I) (1) duly duly qualified qualified candidate candidate for for the the particular particular office. office. (c) Canvassing Canvassing Board. Elections shall (e) Board. Elections shall be be conducted conducted and and results results shall shall be be tabulated, tabulated, returned returned and and canvassed canvassed by County County election election officials officials in accordance accordance with with general general law. law. The ?'he canvassing City election election canvassing board board shall shall submit submit certified certified election election results results to to the the City City Clerk. Clerk. In a City where where a County County canvassing canvassing board board would would not not be be empanelled, empanelled, then then the the canvassing canvassing board board shall shall include include the the Mayor, Mayor, if not not on on the the ballot, ballot, and and those those City City Council Council Members Members who who are are not not on on the the ballot. ballot. (f) Ballots. Ballots. In the the election, election, the the names names of of all all candidates candidates qualified for nomination nomination to the the qualified for office of of Mayor Mayor or or the the office office of of Member Member of of the the City City Council Council for for each each seat seat shall shall be be placed placed on on the the office ballot in their respective seats in alphabetical order, and the candidate who receives a majority of ballot their respective seats in alphabetical order, and the candidate who receives majority of the votes votes in the the election election for for a respective respective seat seat shall shall be be declared declared elected. elected. the

Section 6.05. Candidate Candidate Qualifying Qualifying Oath. Oath. Section 6.05. (a) Qualifying Oatli Oath or Affirrnzation. Affirmation. Any who is qualified qualified under under the the laws laws of the the (a) Qualifying Any person person who State and and this this Charter Charter may may become become a candidate candidate for the office office of of Mayor Mayor or or City City Council Council by taking taking State for the and subscribing subscribing to to an an oath oath or or affirmation, affirmation, and and filing filing the the same same with with the the City City Clerk Clerk during during business business and hours during during the the period period prescribcd prescribed by by general general law law for qualification of of candidates candidates for for election election to hours for qualification County offices. offices. County (b) Form. form of the oath oath or or affirmation affirmation shall shall be provided by Florida Florida law. law. (b) Form. The The form of the be as as provided

Section 6.06. Alternative to Qualifying Qualifying Fee. Fcc. Section 6.06. Alternative (a) Petition Process. In lieu lieu of paying the fee prescribed prescribed by this this Charter, Charter, a (a) Petitiorz Process. of paying the filing filing fee candidate for for the the office office of of Mayor Mayor or or office office of of City City Council Council Member Member may may have have his his or or her her name name candidate placed on on the the ballot ballot for for the the election election by by complying complying with with the the petition petition process process for for qualifying qualifying as as a placed candidate for County office office as as prescribed prescribed by by general general law. law. No No person person may may qualify qualify for for election election as as candidate for County write-in candidate. candidate. a write-in (b) Forms. The The qualifying shall provide petition (b) Petition Petition Forms. qualifying officer officer shall provide the the candidate candidate with with the the petition format to facilitate the gathering of signatures pursuant to this section. format to facilitate the gathering of signatures pursuant to this section. (c) Valid Valid Signatures. Signatures. The may begin to seek seek signatures signatures on on a petition petition (c) The candidate candidate may begin to supporting his his or or her her candidacy candidacy once once the the requirements requirements of of gencral general law law are are met. met. Only Only signatures signatures supporting of City City electors electors shall shall be be counted counted toward toward obtaining obtaining the the minimum minimum number number of of signatures signatures prescribcd prescribed of this subsection. subsection. Candidates Candidates for the office office of of Mayor Mayor and and at-large at-large Council Council offices offices under under this this in this for the petition process process shall shall obtain obtain the the signatures signatures of of a number number of of qualified qualified electors electors equal equal to at least least five five petition percent (5%) of the total number of registered electors in the City, as shown by the compilation percent (5%) of the total number of registered electors the City, as shown by the compilation

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by the the Supervisor Supervisor of of Elections Elections for for the the most most recent recent general general election election of of the the City City Council. Council. A candidate for single-member district position position shall shall obtain obtain the the signatures signatures of of a number number of of candidate for a single-member district qualified electors electors residing residing in the the district district for for which which the the candidate candidate seeks seeks election election equal equal to at least least qualified five percent percent (5%) of the the total total number number of of registered registered electors electors in the the district, district, as as shown shown by the the same same five (5%) of compilation. compilation. For the the City City election election next next following following each each decennial decennial census, census, the the required required petition petition For signatures shall shall be as as follows: follows: signatures (i) Candidates for for the the office office of of Mayor Mayor and and at-large at-large Council Council offices offices under under this this Candidates (i) petition process process shall shall obtain obtain the the signatures signatures of of a number number of of registered registered voters voters of of the the City City equal equal to at petition least two two and and one-half percent (2.5%) the population population of of the the City City according according to to the the most most recent recent least one-half percent (2.5%) of of the decennial census. census. decennial (ii) for the the office office of of a district district City City Council Council Member Member under under this this A candidate candidate for (ii) petition process process shall shall obtain obtain the the signatures signatures of of a number number of of registered registered voters voters residing residing in the the petition district for for which which the the candidate candidate seeks equal to at least least two two and and one-half one-half perccnt percent (2.5%) (2.5%) district seeks election election equal of the the ideal ideal district district population the most most recent recent decennial decennial census. census. For For the the purposes purposes of population according according to the of this this section, section, the the "ideal "ideal district district population" population" means means the the total total population population of of the the City City based based upon upon of the most most recent recent decennial decennial census census divided divided by the the number number of of City City Council Council districts. districts. the (d) Verifying Names. Each Each petition qualifying officer prior to (d) Verifying Names. petition shall shall be be submitted submitted to to the the qualifying officcr prior the deadline deadline established established by general general law. law. The The Supervisor Supervisor of of Elections Elections shall shall verify verify the the pctitions petitions the according to general general law. law. Prior Prior to the the first first datc date for for qualifying, qualifying, the the Supervisor Supervisor of of Elections Elections shall shall according certify the number of persons shown as registered electors of the City, and of each district, for certify the number of persons shown as registered electors of the City, and of each district, for the most most recent recent general general election election of of the the City, City, and and submit submit the the certification certification to to the the City City Council. Council. The The the candidate shall, shall, during during the the time time prescribed prescribed for for qualifying qualifying for for office, office, submit submit a copy copy of of the the candidate certification that that the the candidate candidate met met the the qualifying qualifying requirements, requirements, issued issued by the the qualifying qualifying officer. officer, certification and file file his his or or her her qualifying qualifying papers. papers. Upon Upon receipt receipt of of the the notice notice and and qualifying qualifying papers, papers, the the and qualifying officer officer shall shall certify certify the the name name of of the the candidate candidate to to the the City City Council Council as as having having qualified qualified qualifying for the the office office sought. sought. for Section 6.07. Commencement of Term Term of of Office. Section 6.07. Commencement of Office. The term of office office of of any any elected elected official official (Mayor (Mayor or or City City Council Council Member) Member) will will Thc term of commence commence on on the the fourth fourth Tuesday Tuesday in November November after after his his or or her her election election at 12 12 o'clock 0' clock noon, noon, at which which time time the the newly newly clectcd elected official official shall shall take take an an oath oath of of office office and and be installed installed in officc. office. The The commencement date for all offices in the City election shall be the samc date whether the commencement date for all offices the City election shall be the same date whether the candidate is elected elected during during the the primary primary or or general general election. election. candidate

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

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Section Council Districts. Districts. Section 6.08. 6.08. Council (a) (a)

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

(b) Districting Commission; Conzposition; Composition; Appointment; Appointment; Terms; Terms; Vacancies; Vacancies; Districting Commission; (b) Compensation. Compensation. (I) There There shall (1) shall be be a districting districting commission commission consisting consisting of of seven seven (7) (7) members. members. The (I) member each of of the the seven seven (7) (7) Council Council districts districts of of The City City Council Council shall shall appoint appoint one one (1) member from from each the City. the City. (2) No member of the the commission shall be hold any any (2) No member of commission shall be employed employed by by the the City City or or hold other elected elected or or appointed appointed position position in the the City. City. other (3) (3) The The City City Council Council shall shall appoint appoint the the commission commission no no later later than than one one year year and and five five months before first general general election election of of the the City City Council Council after after each each federal federal decennial decennial census. census. months before the the first The commission's commission's term shall end adoption of districting plan, plan, as as set set forth forth in section section The term shall end upon upon adoption of a districting 6.08( c). 6.08(c). (4) In the the event event of of a vacancy vacancy on commission by death, death, resignation resignation or or (4) on the the commission otherwise, the the City City Council Council shall shall appoint appoint a new member from otherwise, new member from the the same same district district from from which which his his or or her predecessor predecessor was was selected selected to serve serve the the balance balance of of the the term term remaining. remaining. her (5) member of of the the districting districting commission commission shall shall be be removed removed from from office office by by the the ( 5 ) No No member City Council Council except except for for cause cause and and upon upon notice notice and and hearing. hearing. City (6) The The members members of of the the commission commission shall shall serve serve without without compensation. compensation. (6) (7) The The commission commission may may hire hire or or contract contract for for necessary necessary staff staff assistance assistance and and may may (7) require agencies agencies of of City City government government to provide provide technical technical assistance. assistance. The The commission commission shall shall have have require budget as as provided provided by by the the City City Council. Council. a budget

(c) (c)

Powers and and Duties Duties of Submissions and and Approval Approval of Powers of the the Commission; Comnzission; Hearings, Hearings, Submissions

Plan. Plan. (I) Following Following each commission shall shall consult consult the the City City (1) each decennial decennial census, census, the the commission Council and and the the Supervisor Supervisor of of Elections, Elections, and shall prepare plan for for dividing dividing the the City City into into Council and shall prepare a plan districts for for the the election election of of Council Council Members. Members. In preparing preparing the plan, the the commission commission shall shall be districts the plan, guided by the the criteria criteria set on the the plan plan shall shall include include a map map and and guided set forth forth in section section 6.08(d). 6.08(d). The The report report on description of of districts districts recommended. recommended. description (2) The commission shall hold one or public hearings not less (2) The commission shall hold one or more more public hearings not less than than one one month month before before it submits submits the the plan plan to to the the City City Council. Council. The The commission commission shall shall make make its its plan plan available available to the the public public for for inspection inspection and and comment comment not not less less than than one one month month before before its its public public hearing. hearing.

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

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(4) (4) The The plan shall shall be deemed deemed adopted adopted by the City City Council Council unless unless disapproved disapproved within majority of all Members Members of the City City Council. Council. If the City within three three weeks weeks by the the vote of the majority Council fails.to fails to adopt adopt the the plan, plan, it shall shall return return the the plan to the the commission commission with its objections objections and Council objections of individual individual Members Members of the Council. Council. with the objections Upon rejection rejection of its plan, plan, the commission commission shall prepare prepare a revised revised plan and (5) Upon submit such such revised revised plan to the City Council Council no later than nine months months before before the first shall submit general election election of the the City City Council Council after after the the decennial decennial census. census. Such Such revised revised plan shall shall be general deemed adopted adopted by the City City Council Council unless unless disapproved disapproved within deemed within two two weeks weeks by the vote vote of twotwothirds of all the Members Members of the City Council Council and unless, unless, by a vote of two-thirds two-thirds of all of its thirds Members, the City Council Council votes votes to file a petition petition in the circuit circuit court court in and for Escambia Escambia Members, County, for determination determination that the plan fails to meet the requirements requirements of this this Charter. County, Charter. The City City Council shall petition no later than than ten days days after after its disapproval disapproval of the plan. plan. Upon a final Council shall file its petition determination upon appeal, appeal, if any, any, that the plan meets meets the requirements requirements of this this Charter, Charter, the plan determination deemed adopted adopted by the City Council Council and the commission commission shall shall deliver shall be deemed deliver the plan to the shall include map and description description of the City Clerk. Clerk. The plan delivered delivered to the City Clerk Clerk shall include a map districts. districts. five (6) If in any year population population figures figures are not available available at least least one one year and five months before general election election following census, the City Council months before the first first general following the decennial decennial census, Council may, may, by local law, action in paragraphs paragraphs ( (2), law, shorten shorten the time time periods periods provided provided for districting districting commission commission action 2), (3), (4), this subsection. (3), (4),and (5) ( 5 ) of this subsection. (d) Districting Plan; Criteria. Criteria. In preparation preparation of its plan for dividing dividing the City into Districting Plan; (d) districts for the election Council Members, Members, the commission commission shall shall apply following criteria districts election of Council apply the following criteria which, extent practicable, practicable, shall shall be applied applied and given given priority priority in the order which, to the extent order in which which they are herein herein set forth. forth. shall be (1) Districts Districts shall bc equal equal in population population except except where where deviations deviations from from equality equality result result from from the application application of the provisions provisions hereinafter hereinafter set forth, forth, but no such such deviation deviation may exceed five percent percent of the average City Council Council districts districts according according to the exceed average population population for all City figures figures available available from from the most most recent recent census. census. (2) Districts areas separated Districts shall shall consist consist of contiguous contiguous territory; territory; but land areas separated by waterways included in the same waterways shall shall not be included same district district unless unless said said waterways waterways are are traversed traversed by highway bridges, bridges, tunnels tunnels or regularly regularly scheduled scheduled ferry ferry services services both termini termini of which which are within within highway permitting, islands connected to the mainland the district, district, except except that, population population permitting, islands not connected mainland to other other islands bridge, tunnel tunnel or regular regular ferry ferry services services shall shall be included included in the same islands by bridge, same district district as the within the City. City. nearest land area area within (3) Consistent with the foregoing length of all district district (3) Consistent foregoing provisions, provisions, the aggregate aggregate length boundaries shall shall be as short short as possible. possible. boundaries

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

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

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

ARTICLE VII ARTICLE VII RECALL, INITIATIVE, AND REFERENDUM RECALL, INITIATIVE, AND REFERENDUM Section 7.01. 7.01. Recall. Recall. Section Recall officials shall state law. Recall of elected elected officials shall be according according to the the provisions provisions of state Section 7.02. Power Section 7.02. Power of Initiative. Initiative.

City electors electors shall shall have have the power power to propose propose ordinances ordinances to the City Council. Council. If the City Council fails to adopt adopt an ordinance ordinance so proposed proposed without without any change change in substance, substance, the electors electors Council power to adopt adopt or reject reject the proposed proposed ordinance ordinance at a City City election. election. The The electors electors are not have the power empowered to propose propose ordinances ordinances that extend empowered extend to providing providing an annual annual budget, budget, levying levying taxes, taxes, or setting setting salaries salaries of City officers officers or employees. employees. Section 7.03. 7.03. Power Power of Referendum. Referendum. Section Within days following following the effective effective date measure passed passed by City Council, Council, Within sixty sixty (60) (60) days date of a measure City Council Council of any measure measure City electors electors shall shall have have the power power to require require reconsideration reconsideration by the City Council. If the City Council Council fails fails to repeal repeal a measure measure so reconsidered, reconsidered, the passed by City Council. electors have the power power to approve approve or reject reject the reconsidered reconsidered measure measure at a City City election. election. The electors electors are not empowered empowered to reconsider reconsider measures measures that extend extend to providing providing an annual annual budget, budget, electors levying taxes, taxes, or setting salaries of City officers officers or employees. employees. levying setting salaries Section 7.04. 7.04. Commencement Commencement of Proceedings. Proceedings. Section Any ten (10) electors may commence (1 0) electors commence initiative initiative or referendum referendum proceedings proceedings by filing filing with the City Clerk Clerk an affidavit affidavit stating stating that they they will constitute constitute the petitioners' petitioners' committee committee and be responsible responsible for circulating circulating the petition petition and filing filing it in proper proper form. form. The The affidavit affidavit shall shall further further provide provide their their names names and addresses, addresses, specify specify the mailing mailing address address for notices notices to be sent sent to the committee, and fully fully set forth forth the proposed proposed initiative identify the measure committee, initiative or identify measure sought sought to be reconsidered. Promptly Promptly after petitioners' committee's committee's affidavit reconsidered. after the the petitioners' affidavit is filed, filed, the City Clerk, Clerk, at the committee's committee at the committee's request, request, shall shall issue issue the the appropriate appropriate petition petition forms forms to the committee committee's committee's expense. expense. Section 7.05. 7.05. Initiative Initiative or or Referendum Referendum Petitions. Petitions. Section

(a) Number andSignatures. referendum petitions petitions must must be signed (a) Number and Signatures. Initiative Initiative and referendum signed by City electors equal percent (10%) number of registered registered electors electors in the City, City, electors equal to at least least ten percent (1 0%) of the total number

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shown by the compilation compilation by the Supervisor Supervisor of Elections Elections for the most most recent recent general election as shown general election Council. of the City Council. (b) Form and and Content. Content. All petition petition papers shall be uniform uniform in size size and style style and shall shall ( b ) Form papers shall separate cards cards or individual individual sheets sheets of paper. paper. Adequate Adequate space space must must be provided provided for be printed on separate voter's name, name, address, address, signature, signature, and date date of signature. signature. Petitions Petitions shall contain contain or have the voter's attached thereto thereto throughout throughout their circulation circulation the full text of the ordinance ordinance proposed proposed or sought sought to attached reconsidered. be reconsidered. Statement of When filed, (c) Statement of Circulator. Circulator. When filed, petitions petitions shall shall have have attached attached a statement statement executed executed by the circulator circulator or circulators circulators of the petitions petitions that he, she, she, or they they personally personally circulated circulated petitions. The The statement statement shall shall further further state state the the number number of signed signed petitions petitions submitted submitted and that the petitions. the circulator circulator believes believes them them to be the genuine genuine signatures signatures of the persons persons whose whose names names they purport purport to be.

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

petitioner's committee committee shall shall submit submit the completed completed petitions petitions to the Escambia Escambia County County The petitioner's Supervisor of Elections Elections for verification verification as to the number number of registered registered electors electors whose whosc valid Supervisor signatures appear appear thereon, thereon, along along with any fee required required by general general law. law. The The Supervisor Supervisor of signatures Elections shall shall make make a good good faith faith effort effort to verify verify the signatures signatures within within ten (10) (10) days days of receipt receipt of Elections petitions. The Supervisor Supervisor of Elections Elections shall shall record record the date date each each form form is received received by the the petitions. Supervisor of Elections, Elections, and the date date the signature signature on the form form is verified verified as valid. valid. The The Supervisor Supervisor of Elections Elections may verify verify that the signature signature on a form form is valid valid only only if (i) the form form Supervisor contains the original original signature signature of the elector; elector; (ii) the the elector elector has has accurately accurately recorded recorded on the form form contains date on which which he or she she signed signed the form; form; (iii) the form form accurately accurately sets sets forth forth the elector's elector's the date (iii) the name and address; address; and (iv) (iv) the the elector elector is, at the time time he or she signs signs the the form, form, a duly duly qualified qualified name and registered registered elector elector of the City. City. Section on Petitions. Petitions. Section 7.07. 7.07. Action Action on

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

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(b) proposed or referred referred ordinance ordinance or measure measure (b) Submission Submission to Electors. Electors. The The vote vote on a proposed shall be held not less than than thirty thirty (30) (30) days days or more more than than sixty sixty (60) (60) days days from from the date date the City shall Council acted acted or was was deemcd deemed to have have acted acted according according to section section 7.07(a). 7.07(a). If there there is not a general general Council election to be held within within the described described time time period, period, the City City Council Council shall shall provide provide for a special special election election in consultation Escambia County County Supervisor Supervisor of Elections. Elections. Otherwise, Otherwise, the vote election consultation with the Escambia shall be held at the same same time time as such such regular regular election. election. Copies Copies of the proposed proposed or referred referred shall ordinance or measure measure shall shall be made made available available at the polls. polls. Nothing Nothing in this this provision provision shall shall ordinance prohibit the use of a mail ballot election pursuant to general law. prohibit ballot election pursuant general law. Withdrawal of of Petitions. Petitions. Initiative Initiative or referendum referendum petitions petitions may be withdrawn (c) Witltdrawal withdrawn at any th time ) day preceding scheduled for a vote time prior prior to the twenty-fifth twenty-fifth (25 (251h) preceding the day scheduled vote of the City by filing members of filing with the City Clerk Clerk a request request for withdrawal withdrawal signed signed by at least least eight eight (8) (8) of the members petitioners' committee. committee. Upon filing of such such request, request, the petition petition shall shall have no further further the petitioners' Upon the the filing force or effect effect and all proceedings proceedings thereon thereon shall be terminated. terminated. force Section 7.08. Election Section 7.08. Election Results. Results. (a) Initiative. majority of the qualified qualified electors electors voting voting on a proposed proposed initiative initiative (a) Initiative. If a majority ordinance vote in its favor, initiative ordinance ordinance shall shall be considered considered adopted adopted upon the ordinance favor, the initiative certification of the election election results. results. If conflicting conflicting ordinances ordinances are approved approved at the the same same election, election, certification the one receiving receiving the greatest greatest number number of affirmative affirmative votes votes shall shall prevail prevail to the the extent extent of a conflict. conflict. (b) majority of the the qualified qualified electors electors voting voting on a referred referred ordinance ordinance or (b) Referendum. Refererzdum. lfa If a majority measure vote for repeal, repeal, the referred referred ordinance ordinance or measure measure shall shall be considered considered repealed repealed upon measure certification of the election election results. results. certification ARTICLE VIII ARTICLE VIII CHARTER REVIEW REVIEW AND AND CHARTER CHARTER AMENDMENTS CHARTER AMENDMENTS Section. 8.01. Charter Review 8.01. Charter Review Commission. Commission. Section.

(a) Charter Cltarter Review Review Conzmissiorz January 2022 2022 and (a) Commission Establislzed Established. During During the the month month of January every ten (10) (1 0) years thereafter, there there shall shall be established established a Charter Charter Review Review Commission Commission every years thereafter, ("CRC"); provided, provided, however, however, that the City City Council Council shall shall have have the power power to establish establish a CRC CRC more ("CRC"); often often in the event event it so chooses. chooses.

(b) Composition. Composition. Every Every ten (10) (1 0) years, City Council Council shall (b) years, the Mayor Mayor and City shall appoint appoint nine members members to the CRC. CRe. The The CRC CRC shall shall be composed composed of nine members. members. No members members of the CRC CRC shall be elected elected officials. officials. Each Each member member of the CRC CRC shall be a City resident resident and elector. elector. Vacancies Vacancies shall be filled filled within within 30 days days in the same same manner manner as the original original appointments. appointments. The CRC CRC shall meet prior prior to the third (c) Procedures. Procedures. The shall meet third week in January January 2022, 2022, and every every ten (10) purposes of organization. organization. The (10) years years thereafter, thereafter, for the purposes The CRC CRC shall shall elect elect a Chair Chair and Vice Chair from among among its membership. membership. Further Further meetings meetings of the CRC CRC shall shall be held upon the call of Chair Chair or any three meetings shall opcn to the public. the Chair three members members of the CRC. CRC. All meetings shall be open public. A majority majority of the members members of the CRC CRC shall shall constitute constitute a quorum. quorum.

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(d) Rules and Compensation. Compensation. The The CRC CRC may adopt other rules (d) Rules adopt other rules for its operations operations and

proceedings as it deems desirable. The The members members of the CRC CRC shall shall receive receive no compensation. compensation. proceedings deems desirable. (e) majority vote of the CRC (e) Expenses. Expenses. Expenses Expenses of the CRC CRC shall shall be verified verified by a majority CRC and forwarded to the Mayor accept forwarded Mayor for payment payment from from the general general fund of the the City. City. The The City may accept funds, funds, grants, grants, gifts and services services for the CRC CRC from the the State, State, the County, County, and the government government of the United United States States or other other sources, sources, public public and private. private. (f) Review. The The CRC CRC shall shall review, review, on behalf behalf of the citizens citizens of the City of Pensacola, Pensacola, the (f) Review. Charter in order order to recommend recommend amendments amendments to this this Charter, Charter, if any. any. City Charter (g) and Process. The CRC CRC shall shall complete review and submit (g) Report Report and Process. The complete its review submit a report report to the

Council by July 3 1, 2022, and every 0) years City Council July 31,2022, every ten (I (10) years thereafter. thereafter. Included Included within within the report report shall shall be any proposed proposed amendments amendments to the Charter, Charter, together together with the wording wording of the proposed proposed amendments. amendments. City Council Council shall shall make make the final decision decision as to whether whether the proposed proposed amendments amendments are (i) returned returned to the CRC CRC for further further review, review, (ii) (ii) revised revised and included included on a ballot, ballot, (iii) included included on a ballot ballot without without change, change, or (iv) (iv) subject subject to other other action. action. Any Any such such amendments amendments may be included included on the ballot ballot as a single single question, question, individual individual questions questions or any combination combination of either. either. If one or more proposed Charter amendments are submitted by the CRC and the City Council proposed Charter amendments submitted CRC City Council so chooses, chooses, the City Council, Council, in consultation consultation with with the Supervisor Supervisor of Elections, Elections, shall place place the amendments on the ballot of the general election to be held in 2022 and every ten (10) amendments ballot general election 2022 every (10) years years thereafter, thereafter, for the purpose purpose of voting voting on the proposed proposed amendments amendments submitted submitted by the CRC CRC through through City Council. Council. Notice Notice of said said election election shall be published published by the City City Council. Council. Passage Passage of proposed proposed amendments amendments shall require require approval approval of a majority majority of electors electors voting voting in said election election on such amendment. amendment. such

Section 8.02. Amendments. Section 8.02. Charter Charter Amendments.

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

((b) b ) Initiation Initiation by Petition. Petition. The propose amendments amendments to this The electors electors of the City may propose Charter Charter by petition. petition. Each Each petition petition proposing proposing amendments amendments to this this Charter Charter shall shall be commenced commenced in the same Charter. Initiative Initiative same manner manner as an ordinance ordinance proposed proposed by initiative initiative in Article Article VII of this this Charter. petitions must must be signed signed by City electors electors equal equal to at least ten percent percent (10%) (1 0%) of the total number petitions number of registered registered electors electors in the City, City, as shown shown by the compilation compilation by the Supervisor Supervisor of Elections Elections for the most recent recent general general election election of the City City Council. Council. (c) Consistency. Except as additionally herein, the the method method for for Charter Charter (c) Consistency. Except additionally provided provided for herein, amendments consistent with with State amendments shall shall be consistent State law.

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

ARTICLE X ARTICLE SCHEDULE SCHEDULE Section Effective Date. Date. Section 10.1. 10.1. Effective Upon approval approval of a majority electorate voting Upon majority of the electorate voting at a referendum referendum on this this Charter, Charter, this Charter Charter will become become effective effective on January January 1, 2010. 201 0. Section 10.02. 10.02. Ordinances Section Ordinances Preserved. Preserved. extent not inconsistent inconsistent All ordinances ordinances in effect effect upon upon the adoption adoption of this Charter, Charter, to the cxtent herewith, shall force and effect effect until amended amended or repealed. repealed. herewith, shall remain remain in full force Section 10.03. Repeal Repeal of Former Provisions. Section 10.03. Former Charter Charter Provisions.

All provisions provisions in effect effect prior prior to the effective effective date date of this this Charter, Charter, including, including, but not limited to the Charter Charter provisions provisions contained contained in Chapter Florida (1931), limited Chapter 15425, 15425, Laws Laws of Florida (1 93 1), as amended (the (the former former Charter), are not embraced embraced herein amended Charter), which which are herein and which which are not inconsistent inconsistent with this this Charter Charter shall shall become become ordinances ordinances of the the City City subject subject to modification modification or repeal repeal in the same manner manner as other other ordinances ordinances of the City City provided provided that all extra extra territorial territorial powers powers of the City same conferred by special special act or otherwise otherwise are preserved preserved and can be repealed repealed or modified modified only only by conferred referendum or as otherwise otherwise provided provided by law. referendum Section 10.04. 10.04. Precedence Code Provisions. Precedence over over Code Provisions. Section If a conflict conflict exists exists between between the provisions provisions of this this Charter Charter and the Code Code of Ordinances, Ordinances, the Charter provisions provisions shall shall control. control. Charter Section 10.05. Officers Officers and Employees. Employees. Section 10.05.

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

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Section 10.06. Existing Existing Rights, Rights, Obligations, Obligations, Duties Section 10.06. Duties and and Relationships. Relationships. (a) claims, actions, administrative (a) Continuity. Continuity. All rights, rights, claims, actions, orders, orders, contracts contracts and legal legal or administrative proceedings continue except except as modified modified pursuant pursuant to the provisions provisions of proceedings involving involving the City shall shall continue Charter. this Charter. (b) (b) Obligations. Obligations. No debt, debt, contract contract obligation, obligation, or assessment assessment by the City shall shall be impaired by adoption of this Charter. All existing debts, obligations and assessments shall impaired adoption this Charter. existing debts, obligations assessments shall remain valid and enforceable, enforceable, according according to their terms, terms, undcr under the Charter Charter provisions provisions applicable applicable at remain the time time the debt debt was incurred, incurred, contract contract signed, signed, or assessment assessment imposed. imposed. All obligations obligations and rights arising arising in connection connection with projects projects financed financed under under former former Charter Charter provisions provisions shall shall be rights unaffected and remain remain in full force force and effect effect as if the borrowing, borrowing, taxing, taxing, bonding bonding or other other unaffected financing provisions had survived survived this this adoption adoption of this this Charter. Charter. financing provisions (c) Otlzer Other Government Gover~metitUnits. Units. All existing existing rights, rights, obligations, obligations, duties duties and relationships relationships by law or agreement agreement between between the City City and other other governmental governmental units units shall shall be unaffected unaffected by the adoption adoption of this this Charter Charter and remain remain in full force force and effect. effect. (d) Comntencement Commencement of of Terms Terms for for Year Year 2010 The terms terms for the Council Council (d) 2010 Elections. Elections. The Members I 0 general general election election shall shall commence second Members and Mayor Mayor elected elected in the 20 2010 commence at noon noon on the second Monday January 201 20111 as provided provided for in the former such earlier earlier date date as the Monday of January former City City Charter, Charter, or on such office becomes becomes vacant vacant after after the 2010 2010 general general election. election. This This provision provision shall shall be effective effective solely solely office for the purposes purposes of transition transition from the the former former City City Charter Charter to Section Section 3.02 3.02 of this this Charter. Charter. Section 10.07. Transition. Transition. Section 10.07.

The Council shall shall adopt adopt such such ordinances ordinances and resolutions The City Council resolutions as are required required to effect effect the transition. transition. Ordinances Ordinances adopted adopted within within sixty sixty (60) (60) days days of the first Council Council meeting meeting under under this Charter Charter for the purpose purpose of facilitating facilitating the transition transition may be passed passed as emergency emergency ordinances ordinances following the procedures procedures prescribed prescribed by law. following Section 10.08. 10.08. Severability. Section Severability.

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

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