PROPOSED AMENDMENTS TO COCONUT CREEK CITY CHARTER FOR REFERENDUM IN NOVEMBER 2, 2010, GENERAL ELECTION

Following are the 13 proposed amendments to the City Charter. The first paragraph is the actual ballot language/question (bolded) that will be voted upon on November 2nd. The second paragraph (in italics) provides more detail regarding each proposed amendments.

1. Deletion of obsolete language (Section 105)

Ballot Question: Shall Section 105 of Article 1, be deleted? This provision was placed into the Charter when the Charter was first proposed in order to assure the then current employees and officers that they would not be adversely affected by the City Charter’s adoption. No such employees or officers are currently associated with the city.

As stated in the ballot question, this provision has been deemed obsolete and unnecessary, as it was placed in the Charter when originally adopted to protect the then City employees and officers, none of whom are current employees or officers.

2. Additional proof of domicile of residence for city commission candidates (Section 301(a)

Ballot Question: Shall each candidate for City Commission be required to provide to the City Clerk upon qualifying to run for office, two (2) proofs of residency, which proofs shall provide evidence of the candidate’s address, in addition to their affidavit of primary domicile?

Currently, the Charter requires all candidates to execute and deliver to the City Clerk an affidavit of primary domicile at the time of filing his/her candidacy for a City Commission seat. In addition to the affidavit, the Charter Review Board has recommended that candidates be required to provide two proofs of residency, one being a Florida driver’s license or Florida ID card, and a utility bill or voters registration ID card, as evidence of their primary domicile.

3. Amend the residency requirements for city commission candidates from twelve months to six months (Section 301(b) )

Ballot Question: Shall the residency requirements for City Commission candidates be amended from twelve months to six months, in that the current twelve month residency requirement for City Commission candidates is not legally enforceable?

Because the current 12-month residence requirement may not be legally enforceable if challenged, the Charter Review Board recommended that the residency requirement for City Commission candidates be reduced from 12 months to 6 months.

4. The mayor shall sign all ordinances and resolutions of the city commission (Section 301(b)(2) )

Ballot Question: Shall there be a requirement for the Mayor to sign all ordinances and resolutions of the City Commission? Currently, there is no requirement that the Mayor sign ordinances and resolutions of the City Commission.

This section lists several documents that the Mayor is required to sign but does not include ordinances and resolutions adopted by the City Commission, which are the documents most frequently signed by the Mayor. The amendment will rectify that omission.

5. Independent audit accountant can be designated for two successive five year terms, both competitively selected (Section 308)

Ballot Question: Shall the independent certified auditor that performs the annual City audit be permitted to serve two successive five-year terms, both terms to be subject to all rules and procedures governing the competitive selection process? Currently, the independent auditor can serve only one five year term.

Currently, the Charter prohibits the independent certified auditor, who is appointed by the City Commission, from performing the annual audit for a term that exceeds five successive years. The proposed amendment will allow an auditor to serve two successive five-year terms; however, the terms will not be automatic, and the contract between the City and the auditor will be subject to the competitive selection process.

6. Authority of the City Manager to appoint Deputy or Assistant City Managers (Section 402(k) )

Ballot Question: Shall the City Manager’s authority to appoint Deputy or Assistant City Managers be added to the Charter? Currently, the authority of the City Manager to appoint Deputy or Assistant City Managers is not documented in the Charter.

Section 402 delineates the primary duties of the City Manager; however, it does not document the authority of the City Manager to appoint Deputy or Assistant Managers that will ensure continuity of City operations. The amendment will rectify that omission.

7. Delete the requirement of the City Commission to establish a Code Enforcement Board (Section 504)

Ballot Question: Shall the requirement that the City Commission appoint a Code Enforcement Board be deleted from the City Charter, in that the City exclusively uses the alternate procedure of an appointed professional Special Magistrate to hear and decide code enforcement cases? As a result, the Code Enforcement Board is no longer required.

The Charter Review Board recommended deletion of the requirement to establish a Code Enforcement Board because for the past 11 years the City has successfully used an appointed professional special magistrate to hear and decide code enforcement cases, This has proved to be a more efficient method than the formerly used County court system or Code Enforcement Board. The special magistrate system is the preferred method of adjudicating code enforcement issues utilized by most municipalities.

8. Clarify the time frame of City elections (Section 706)

Ballot Question: Shall the requirement to hold an election for the office of City Commissioner every year be amended to provide for an election only in those years when an election is mandatory? Currently, the City is required to schedule an election only every two years.

Currently, Section 706 of the Charter reads that “The regular City Election shall be held on the second Tuesday of March of each year or as set by Florida Statute.” The current election cycle for Commission seats is to hold elections every two years and not every year as the current wording suggests. The proposed amendment will add verbiage to clarify that elections shall be held on the second Tuesday of March of each year “in which an election is scheduled.”

9. Clarify when a City Commissioner is elected (Section 709)

Ballot Question: Shall the City Charter be amended to clarify when a City Commissioner is elected? This amendment clarifies that a City Commissioner is officially elected when the results of the City’s elections are certified to the City Clerk by the Broward County Supervisor of Elections.

As currently written, the Charter did not address the issue as to when a City Commissioner is officially elected and assumes his/her office. This will clarify that City Commissioners will continue to hold their offices until their successors are elected, as certified by the County Supervisor of Elections to the City Clerk. In recent years, there has been a two-to-three day delay following the election day in receiving certified election results from the County Supervisor of Elections. The proposed amendment will provide clarity to this section of the Charter and eliminate potential conflict as to when the elected candidate will assume office.

10. Vacancy in candidacy for office (Section 713)

Ballot Question: Shall the requirement of Florida Statutes to provide procedures for filling a vacancy in candidacy be mandated by the City Charter? This addresses a vacancy in candidacy caused by death, withdrawal, or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office.

The proposed amendment will provide compliance with Florida Statutes relating to a vacancy in candidacy as stated in the ballot question. With this amendment, the City Commission shall adopt, by ordinance, procedures for filling a vacancy during candidacy (that is, prior to the election), which will eliminate the possibility of having to set a special election should a vacancy occur because procedures are not in place. It should be noted that this occurred in one municipality in Broward County in 2009.

11. Increase the number of voters to commence an initiative or referendum proceedings (Section 802)

Ballot Question: Shall the Charter be amended to increase the number of voters required to commence an initiative or referendum proceeding from five voters to fifty voters? This amendment would require a minimum of fifty voters to commence an initiative or referendum proceeding, and provide a more representative process.

When the Charter was adopted, the City’s population was considerably smaller; hence, allowing only five qualified voters to commence initiative or referendum proceedings seemed appropriate. With the City’s current population at 50,000, the Charter Review Board has recommended amending this provision so that the number of qualified voters who may commence initiative or referendum proceeding is 50, which is commensurate with the City’s current population.

12. Amend number of signatures needed to commence initiative and referendum proceedings (Section 803)

Ballot Question: Shall the Charter be amended to require the signature of five percent of electors be required to mandate City Commission action regarding initiative and referendum petitions? Currently, a minimum of one thousand electors or five percent of the total number of electors, whichever is greater is required. This amendment removes the minimum of one thousand electors, and mandates five percent of the electors be required. Five percent of the electors is more than the minimum.

Again, when the Charter was adopted, the City’s population was considerably smaller and the number of registered voters was considerably less. Therefore, the Charter Review Board has recommended amending this provision by removing the minimum of 1,000 electors and mandating that five percent of the electors’ signatures will be required to commence initiative or referendum proceedings. With the number of registered voters in the City at approximately 30,000, five percent is greater than the minimum of 1,000 registered voters and more commensurate with the City’s current population.

13. Adds the option of municipal elections to city charter referendum elections (Section 907)

Ballot Question: Shall the Charter be amended to add the option of placing proposed Charter referendum alterations, revisions, and amendments before the electors at the next municipal election? Currently, charter referendum questions may only be brought before the electorate at the next general election.

As currently written, Section 907 mandates that a referendum shall be submitted to the electors not later than the next succeeding general election, but it does not address the option to hold a referendum with a municipal election, which is held in March every two years. The proposed amendment will provide specificity in this regard.

2010 Charter Amendments/bsp/8-18-10

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