0790 Office of City Clerk ORDINANCE NO. 790
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA
AMENDING THE CHARTER LAWS THEREOF; PARTICULARLY
SECTION 32 THEREOF; PROVIDING FOR AMENDMENT TO THE
MANNER OF ATTAINING OFFICE AND THE TERM OF THE
OFFICE OF CITY CLERK; PROVIDING FOR APPOINTMENT TO
THE OFFICE OF THE CITY CLERK BY THE CITY COUNCIL FOR
THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR THE
TERM OF OFFICE AND DUTIES THEREFORE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the charter laws for the City of Okeechobee, Florida provide for the office of
City Clerk in section 32 thereof, which section further provides for the Clerk to be
elected by the qualified voters of the City of Okeechobee; and
WHEREAS, the charter laws were adopted for the City of Okeechobee by Chapter 7208,
special act of the Florida Legislature in 1915, and the office of City Clerk has been
an elective position since its inception; and
WHEREAS, over the years, the City Clerks for virtually every municipality in the State of
Florida have formed a professional association which provides for the sharing of
information, and continuing education on topics of mutual interest to the office of
Clerk; that provides for certifying Clerks as certified municipal Clerks upon their
attaining a degree of proficiency and education; and which office by gradual state
wide trend, has become primarily a body of appointed, rather than elected Clerks;
and
WHEREAS, since the creation of the office of City Clerk in the City of Okeechobee in
1915, the volume of Federal, State and local laws, record keeping methodology,
office technology, and general duties of the City Clerk that pertain to the office have
grown tremendously, which requires vast knowledge by the City Clerk, and the
appointment of one or more assistants to assist in meeting the great demands of
the office; all of which makes it imperative that the person holding such office must
possess and display an extensive background of education, experience, and
temperament sufficient to meet the demands of the office; and
WHEREAS, the City Council for the City of Okeechobee believes that the appointment of
a City Clerk by the City Council, after careful and due deliberation, and examination
of an applicant's background and experience in the office of City Clerk, or other
appropriate professional fields, with references and recommendations from past
positions held by the applicant, all subject to public comment at open public
hearings on the appointment of the position, will yield the appointment of a person
in this position well qualified and experienced to meet the great demands of today's
City Clerks; and
WHEREAS, the City of Okeechobee, Florida is authorized by the charter laws, section 25
thereof, as well as Florida Statutes 166.031, to amend the charter laws, or any part
thereof, by ordinance submitted to the electors of the City;
NOW, THEREFORE, be it resolved and adopted by the City of Okeechobee, Florida, as
follows:
1. THAT section 32, charter laws for the City of Okeechobee, is amended to
delete the requirement that "He shall be elected by the qualified voters of the
City... and in its place and stead, insert that "The person holding the office
of City Clerk shall be appointed from time to time by majority vote of the City
Council for the City of Okeechobee, and shall hold the position as
department head in the manner of, and as provided in, section 2-44, Code
of Ordinances for the City of Okeechobee...
2. THAT the duties of the City Clerk as provided in the charter laws and in the
Code of Ordinances for the City of Okeechobee shall remain unchanged,
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subject to further change by resolution from time to time as adopted by the
City Council pursuant to section 2 -1, Code of Ordinances.
3. THAT this ordinance shall be submitted for vote of the electors of the City of
Okeechobee by special election set therefore on September 3, 2002, which
shall be approved or fail by majority of the electors then voting in said
referendum.
4. THAT upon approval of this ordinance by majority vote of the electors of the
City of Okeechobee, the City Clerk shall cause a revised charter to be filed
with the Department of State, State of Florida, and said ordinance to be filed
with the Clerk of Court, Okeechobee County, Florida.
5. THAT if approved, this ordinance shall have an effective date of January 7,
2003, or at such time thereafter as necessary for the City Council to appoint
a successor to the person then holding office as City Clerk.
6. THAT if this charter amendment is not approved, the City Clerk is directed
to take the necessary steps for the registration and qualification of
candidates for the position of City Clerk for election in the general election
of November 5, 2002 as currently provided by local and state law.
7. THAT should any provision or section of this ordinance or the regulation
adopted by reference and attached to this ordinance be held by a court of
competent jurisdiction to be unconstitutional or otherwise invalid, such
decision shall not affect the validity of this ordinance or the regulations as a
whole, or any part thereof, other than the specific part so declared by the
court to be invalid or unconstitutional.
INTRODUCED for first reading and set for final public hearing on this 16"' day of April,
2002.
James E. Kirk, Mayor
ATTEST:
jo
Bonnie S. Thomas, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public He. this 7 day of May,
2002.
James E. Kirk, Mayor
ATTEST:
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Bonnie S. Thomas, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
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