City attempting to change local elections to November again: ORDINANCE 2011-654

[Patricia M. McBride]

Didn't this question already get settled?????  Please note that they are also trying to amend the charter which would make it very difficult to change back if it doesn't work out.  We have seen this all too often.  In fact, it is the charter that keeps us locked into some programs that are nothing short of a misuse of tax payer dollars.  We should not be changing the charter unless it is a crucial item period.  And this is not one.  We already know there isn't enough time to cover vetting everyone when they are all running in November and this should not be done for that reason.  I understand anytime the tax payer can be short changed, it happens at the drop of a hat (but not when it is a give away program).

 

AN ORDINANCE RELATING TO THE TERMS AND ELECTIONS OF CITY OF JACKSONVILLE COUNTY OFFICIALS AND SETTING A PUBLIC REFERENDUM; AMENDING THE CHARTER OF THE CITY OF JACKSONVILLE, CHAPTER 92-341, LAWS OF FLORIDA, AS AMENDED; CHANGING THE DATE OF ASSUMING THE OFFICES OF THE MAYOR, COUNCIL MEMBERS, AND THE SHERIFF, SUPERVISOR OF ELECTIONS, PROPERTY APPRAISER, AND TAX COLLECTOR TO JANUARY 1ST FOLLOWING FALL EVEN-YEAR GUBERATORIAL ELECTIONS COMMENCING JANUARY 1, 2019, AND EVERY 4 YEARS THEREAFTER; PROVIDING FOR TRANSITION; REPEALING CONFLICTING ORDINANCES AND REQUIRING THE ENACTMENT OF NEW IMPLEMENTATION ORDINANCES; REVISING THE LENGTHS OF THE TERMS OF OFFICE OF THE CITY COUNCIL MEMBERS, MAYOR, SHERIFF, SUPERVISOR OF ELECTIONS, PROPERTY APPRAISER, AND TAX COLLECTOR ASSUMING OFFICE ON JULY 1, 2015, TO TERMS OF JULY 1, 2015 THROUGH DECEMBER 31, 2018; PROVIDING FOR NO CHANGE IN TERM LIMITS; PROVIDING FOR REFERENDUM APPROVAL OF THIS ORDINANCE; PROVIDING FOR A FINANCIAL IMPACT STATEMENT TO BE DEVELOPED AND PLACED ON THE BALLOT; DIRECTING THE SUPERVISOR OF ELECTIONS TO PLACE THE REFERENDUM QUESTION ON THE 2012 PRESIDENTIAL ELECTION BALLOT ON NOVEMBER 6, 2012; PROVIDING AN EFFECTIVE DATE.

     WHEREAS, the issue of the continuing vitality of spring Consolidated Government elections has been debated extensively by the City Council and has been subject to many close votes; and

     WHEREAS, the City continues to experience ever increasing low voter turnout at spring elections at substantial costs to the taxpayers; and

     WHEREAS, evidence before the Council has projected estimated savings in excess of $2,500,000 per election, by moving elections to the fall gubernatorial election cycle; and

     WHEREAS, as a result of state legislation and economic downturns, the savings of taxpayer dollars has become a critical concern to local taxpayers, voters and leaders; and

     WHEREAS, proponents of moving the elections to the fall suggest that in struggling fiscal times, savings should be effected, especially when increased voter turnout can be anticipated; but that opponents to the proposal suggest that the City of Jacksonville’s unique consolidated structure warrants the expenditures of those funds in the interests of narrowing the focus of the election to local issues; and

     WHEREAS, the public has by referendum rejected fall odd-year elections that do not save money but have not had the opportunity to vote on fall even-year elections that do save money, and the Council believes that the issue should be offered to and decided by the voters; and

     WHEREAS, the Council finds that the terms of the Mayor, all City Council Members, the Sheriff, the Property Appraiser, the Supervisor of Elections, and the Tax Collector should commence in sufficient time to address the City of Jacksonville’s annual budget, and setting terms of office to commence on January 1^st, and conducting elections in the fall, will most effectively allow for the above described public officials to prepare for annual budgeting; and conducting those elections at the same time as the state gubernatorial elections will save substantial amounts of money; now therefore

     BE IT ORDAINED by the Council of the City of Jacksonville:

     Section 1.      Applicability; Subject to Referendum.  The amendments to the City of Jacksonville’s Charter as described in the provisions of section 2 below, shall be subject to and become effective only upon the certification of a majority vote in favor of the amendments at the voter referendum as hereinafter set forth. 

     Section 2.      Charter Amended.  Section 5.03 of Article 5, section 6.01 of Article 6, section 8.02 of Article 8, section 9.02 of Article 9, section 10.02 of Article 10, and section 11.02 of Article 11 of the Charter of the City of Jacksonville, as codified in section 1 of chapter 92-341, Laws of Florida, as amended, are amended, and a new section 18.12 of Article 18 is created, all to read as follows:

PART A.    CHARTER LAWS CHARTER OF THE

CITY OF JACKSONVILLE, FLORIDA

*  *  *

ARTICLE 5. THE COUNCIL

* * *

     Section 5.03.  Terms of Council Members. 

Council members shall serve for a term of 4 years beginning on the first day of July after their election, and continuing after such term until their successors are elected and qualified, except that commencing with elections that will be conducted contemporaneously with the state gubernatorial election in 2018, and every four years thereafter, council members shall assume office on the first day of January after their election.

* * *

 

ARTICLE 6. THE MAYOR

     Section 6.01.  Qualifications and term of office.

The mayor shall be a qualified elector of Duval County and a resident of Duval County, and shall have resided in and been a qualified elector of Duval County for at least 65 consecutive days immediately before the date on which he or she qualifies to run for the office of mayor. If he or she shall cease to possess any such qualifications during his or her term of office, he or she shall forthwith forfeit the office, and the council shall remove him or her therefrom. He or she shall be elected for a period of 4 years and shall assume office on the first day of July following his or her election and serve until his or her successor is elected and qualified, except that commencing with elections that will be conducted contemporaneously with the state gubernatorial election in 2018, and every four years thereafter, the mayor shall assume office on the first day of January after his or her election. No mayor elected and qualified for two consecutive terms shall be eligible for election as mayor in the next succeeding term. The mayor shall devote his or her entire time to the performance of the duties of his or her office and shall hold no other public office or public employment.

* * *

ARTICLE 8. SHERIFF

* * *

     Section 8.02.  Qualifications, election, terms, compensation. 

The sheriff shall be a qualified elector of and reside in Duval County, and shall have resided in and been a qualified elector of Duval County for at least 183 consecutive days immediately before the date on which he or she qualifies to run for the office of sheriff. The sheriff shall be elected by the qualified electors of Duval County for a period of 4 years and shall assume office on the first day of July following his or her election and serve until his or her successor is elected and qualified, except that commencing with elections that will be conducted contemporaneously with the state gubernatorial election in 2018, and every four years thereafter, he or she shall assume office for a four year term on the first day of January following his or her election. The sheriff shall devote his or her entire time to the performance of the duties of his or her office and shall hold no other public office or public employment except that he or she may be a notary public or a member of the armed forces. The compensation of the sheriff shall be fixed by the city council.

* * *

ARTICLE 9. SUPERVISOR OF ELECTIONS

* * *

     Section 9.02.  Qualifications, election, term. 

The supervisor of elections shall be a qualified elector of Duval County and a resident of Duval County, and shall have resided in and been a qualified elector of Duval County for at least 183 consecutive days immediately before the date on which he or she qualifies to run for the office of supervisor of elections. He or she shall be elected for a term of 4 years and shall assume office on the first day of July following his or her election, except that commencing with elections that will be conducted contemporaneously with the state gubernatorial election in 2018, and every four years thereafter, he or she shall assume office for a four year term on the first day of January following his or her election. He or she shall devote his or her entire time to the performance of the duties of his or her office and shall hold no other public office or public employment.

* * *

 

ARTICLE 10. PROPERTY APPRAISER

* * *

     Section 10.02.  Qualifications, elections, term. 

The property appraiser shall be a qualified elector of and reside in Duval County, and shall have resided in and been a qualified elector of Duval County for at least 183 consecutive days immediately before the date on which he or she qualifies to run for the office of property appraiser. He or she shall be elected for a period of 4 years and shall assume office on the first day of July following his or her election and serve until his or her successor is elected and qualified, except that commencing with elections that will be conducted contemporaneously with the state gubernatorial election in 2018, and every four years thereafter, he or she shall assume office for a four year term on the first day of January following his or her election. The property appraiser shall devote his or her entire time to the performance of the duties of his or her office and shall hold no other public office or public employment.

* * *

ARTICLE 11. TAX COLLECTOR

* * *

     Section 11.02  Qualifications, election, term. 

The tax collector shall be a qualified elector of and reside in Duval County, and shall have resided in and been a qualified elector of Duval County for at least 183 consecutive days immediately before the date on which he or she qualifies to run for the office of tax collector. He or she shall be elected for a term of 4 years and shall assume office on the first day of July following his or her election, except that commencing with elections that will be conducted contemporaneously with the state gubernatorial election in 2018, and every four years thereafter, he or she shall assume office for a four year term on the first day of January following his or her election. He or she shall devote his or her entire time to the performance of the duties of his or her office and shall hold no other public office or public employment.

* * *

ARTICLE 18.  MISCELLANEOUS PROVISIONS

* * *

     Sec. 18.12  Transition to Fall Elections.  Notwithstanding anything in the Charter or the Ordinance Code of the City of Jacksonville to the contrary, and for purposes of electing City of Jacksonville county officers in fall even-year gubernatorial elections every four years commencing in 2018 and having those terms commence on January 1^st of the following year, the 2015-2019 terms of the Mayor, all City Council Members, the Sheriff, the Property Appraiser, the Supervisor of Elections, and the Tax Collector, shall expire on December 31, 2018 and shall be considered as one full term for purposes of two term limits, as applicable.  The terms of all such persons elected to such offices through elections conducted in the fall gubernatorial elections of 2018, and every four years thereafter, in accordance with procedures to be established by contemporaneous changes which shall be made by the City Council to Chapter 350, Ordinance Code of the City of Jacksonville, shall commence on January 1, 2019, and shall expire on December 31, 2022, for the 2018 election, and on like January 1^st and December 31^st dates for each term every four years thereafter. 

     Section 3.  Transition - Conflicting ordinances repealed.  For purposes of implementing this ordinance, any ordinance conflicting with this ordinance, once approved by referendum, is hereby repealed. The City of Jacksonville shall establish, by ordinance, election procedures consistent with this ordinance and the Charter changes approved herein.

Section 4.      Referendum.

(a)  A referendum of the qualified electors residing in Duval County, Florida is hereby called to be held on November 6, 2012, the 2012 Presidential General Election, to determine whether the Charter should be amended to change the terms of office of the elected officials, as set forth in this ordinance, shall become effective.

(b)  The referendum shall be held and conducted in the manner prescribed by law for holding elections under a referendum provision.

(c)  All qualified electors in Duval County shall be entitled and permitted to vote in the referendum.  The places and times of voting shall be those polling places and times established for voting by law.  The inspectors and clerks for the referendum shall be designated by the Supervisor of Elections in accordance with applicable State law.

(d)  Upon approval of this ordinance, the Supervisor of Elections shall notify the Mayor, City Council President, General Counsel and Council Auditor, by hand and certified mail, of a duty to prepare, within thirty (30) days of such notice, an up to seventy-five (75) word financial impact estimate of the increase or decrease of any revenues or costs to the City of Jacksonville resulting from the implementation of the proposed charter amendment. The financial impact estimate shall be constructed, within the thirty (30) day period, by a committee composed of one representative appointed by the Mayor, one appointed by the City Council President, the General Counsel or his or her designee chosen from the General Counsel's office, the Council Auditor and one member having appropriate fiscal expertise in the subject matter of the proposed charter amendment and selected by the other members stated above. The Office of the Council Auditor and the Department of Finance shall be made available as resources. The Council Auditor shall chair the committee and ensure the timely completion of the financial impact estimate in time to be included on the referendum ballot and advertised as required for the charter amendment.

     (e)  The Supervisor of Elections is authorized and directed, when printing the absentee ballots and ballot strips for use in the voting machines for the special referendum election called in Subsection 4(a) hereinabove, to print the ballot title and referendum question set forth in Sections 6 and 7 hereof on said absentee ballots and ballot strips at the appropriate place therefor.  Immediately after said question shall be provided a space for the voter to indicate whether the vote is "yes" or "no" on the question.

Section 5.      Notice of Referendum. The Supervisor of Elections is directed to ensure at least thirty (30) days notice of the referendum by publishing at least twice in a daily newspaper of general circulation in Duval County, once in the fifth week and once in the third week prior to the week in which the referendum is to be held, in the manner provided in Section 18.05 of the City Charter and Section 100.342, Florida Statutes. 

     Section 6.      Ballot Title.  The Council hereby directs that the ballot title for the referendum question be in substantially the following form:

“REFERENDUM AMENDING CHARTER, ADOPTING FALL GUBERNATORIAL YEAR ELECTIONS FOR LOCAL COUNTY OFFICIALS; DECREASING 2015 TERMS”

     Section 7.      Official Ballot.  The Council hereby directs that the following referendum question, in substantially the form set forth below, be placed on the ballot at the election to be held on November 6, 2012, the 2012 Presidential General Election:

"Shall Ordinance 2011-___-E, which amends Jacksonville’s Charter, changes terms of office of council members, the mayor, sheriff, supervisor of elections, property appraiser, and tax collector, eliminates spring elections, and moves those elections to fall gubernatorial year elections commencing in 2018, and which for the 2015 term only, decreases the terms of city council members, the mayor, sheriff, supervisor of elections, property appraiser, and tax collector by six months through December 31, 2018, become effective?"

(_____)   YES.

(_____)   NO.

Section 8.      Referendum Results. The Supervisor of Elections for Duval County, Florida shall certify the results of the referendum to the Florida Department of State in accordance with law.  If a majority of the votes cast in the referendum shall be for the amendment, the amendment shall be approved, and shall take effect as provided in this Ordinance.  If less than a majority of the votes cast in the referendum shall be for the amendment, the amendment shall be defeated, and shall not take effect.

     Section 9.   Exercise of County Powers.  This ordinance is enacted by the Council exercising its power as the governing body of Duval County, Florida, under Section 3.01, of the Charter of the City of Jacksonville. All duly qualified electors of the county shall be entitled to vote thereon.

     Section 10.     Effective Date.  Except as herein provided, this ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor’s signature. If this ordinance is approved by a majority of the duly qualified electors voting in the referendum scheduled herein, then the terms of section 2 of this ordinance shall become effective immediately upon verification of the results of the referendum’s election vote.

 

Form Approved:

 

     /s/  Margaret M. Sidman     _

Office of General Counsel

Legislation Prepared By:  Margaret M. Sidman

 

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