1085 Filling Vacancies in Elected Offices ORDINANCE NO. 1085
• AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA
THE CODE OF ORDINANCES, CHAPTER 2, ARTICLE II CITY COUNCIL,
CREATING SECTION 2-39 FILLING OF VACANCIES IN ELECTIVE
OFFICES; PROCEDURES; PROVIDING FOR REPEALING OF
PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Florida Statute 166.031(6) as adopted by the Florida Legislature,
municipalities shall, by ordinance or charter provision, provide procedures for filling
a vacancy in office caused by death, resignation, or removal from office. Such
ordinance or charter provision shall also provide procedures for filing a vacancy in
candidacy caused by death, withdrawn, or removal from the ballot of a qualified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; and
WHEREAS, the City of Okeechobee's Charter, as amended, does not provide for such
procedures for filing a vacancy of an elected official of the City; and
WHEREAS, Code Book Section 26-13, addresses only a portion of Florida Statute
166.031(6) by specifically providing for alternate procedures in case of death,
withdrawal or removal of a candidate following the end of the qualifying period which
leaves fewer than two candidates for an office; and
WHEREAS, the City of Okeechobee finds it in the best interests of its citizens to clearly
provide procedures to fill the vacancy of any City elected official's office and to
comply with applicable laws.
NOW, THEREFORE, be it ordained before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Office for the City and enact the following ordinance to be effective
throughout the City of Okeechobee:
Section I. That Chapter 2, Article II City Council of the City Code of
Ordinances is amended as follows:
Sec. 2-39. Filling of vacancies in elective offices; procedures.
Should any vacancy occur at any time in any elective office of the City of
Okeechobee, whether by death, resignation, forfeiture, removal or otherwise, said
elective office shall be promptly filled by the appointment of a person who qualifies
for a City office, by a majority vote of the City Council. Said appointee shall hold the
office for that period of time remaining in the office to which he or she is appointed,
and until he or she is then elected in a general election, or their successor in office
is duly elected and qualified.
Procedures to make appointment:
(1) Upon being notified of such vacancy, the Mayor or his designee, shall
instruct the City Clerk to publish a notice of vacancy in a newspaper of
general circulation, with directions and date to apply for the position.
• (2) The City Clerk shall create an application packet, with a specified deadline,
for qualified electors of the City of Okeechobee, interested in being
considered for appointment to the elected office and to compile same for
distribution to the City Council.
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(3) The City Council shall fill the vacancy, by majority vote, at a duly advertised
City Council meeting within 60 days of the notice being published.
SECTION 2. CONFLICT.
All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 3. SEVERABILITY.
If any provision or portion of this ordinance is declared by any court of
competent jurisdiction to be void, unconstitutional, or unenforceable, then all
remaining provisions and portions of this ordinance shall remain in full force
and effect.
INTRODIJCF-D for first reading and set for public hearing on the 20th ay of March, 2012.
James E. Kirk, Mayor
ATTEST:
Lane Garnioteal, CIVIC, City Clerk
ADOPTED after second and final reading at a public hearing held 3rd day of April,
2012.
James E. Kirk, Mayor
ATTEST:
Lanetam16tea, MC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
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