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2022-12-20 VI. C. Exhibit 3 Exhibit 3 12/20/2022 RESOLUTION NO. 2022-09 A RESOLUTION OF THE CITY OF OKEECHOBEE,FLORIDA;ACCEPTING THE OFFICIAL RESULTS FROM THE OKEECHOBEE COUNTY CANVASSING BOARD FOR THE CITY COUNCIL RACE IN THE 2022 GENERAL CITY ELECTION; PROVIDING FOR TERMS OF OFFICE TO BE HELD BY DOWLING R.WATFORD,JR.,BOB JARRIEL,AND DAVID R.MCAULEY;PROVIDING FOR A SUMMARY OF DUTIES, COMPENSATION, BENEFITS, AND PUBLIC RECORDS; PROVIDING FOR THE CITY CLERK TO ISSUE CERTIFICATES OF ELECTION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 19, 2022, by virtue of the provisions of the Charter of the City of Okeechobee and Florida State Law, Mayor Watford proclaimed and declared that a General City Election will be held on November 8, 2022, by the qualified voters to elect three City Council Members; and WHEREAS,as provided in Section 26-4 of the Code of Ordinances,the City's qualifying period was held from Noon,August 15 through Noon,August 19,2022,in the Office of the City Clerk for all persons who desired to become a qualified City Candidate; and WHEREAS, such individual(s) who qualified as candidates for the Office of City Council: Jon Folbrecht, Bob Jarriel, Beth W. Lehman, David R. McAuley, Christopher Adam Martin, and Dowling R. Watford, Jr. However, after the qualifying period ended, candidate Beth W. Lehman submitted an official letter withdrawing her candidacy and requesting her name be removed from the ballot;the request to remove the name from the ballot was submitted and approved by Okeechobee County Supervisor of Elections; and WHEREAS, the City entered into an Agreement on August 1, 2006, with the Okeechobee County Supervisor of Elections, which sets forth the provisions for the City General Elections to be held in coordination with the County's Election, and submit such results to the City Council for official acceptance; and WHEREAS,the Canvassing Board Official Results dated November 18,2022,and signed by William Wallace, County Judge; Melissa Arnold, County Supervisor of Elections; and Terry Burroughs, Board of County Commissioners Chairperson; declare the votes given for the Nonpartisan Election held November 8,2022, are that Dowling R. Watford,Jr., Bob Jarriel, and David R. McAuley received the highest number of votes for the Office of City Council. NOW, THEREFORE, be it resolved 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 Officer for the City: Section 1. Recitals. The foregoing "WHEREAS"clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. Election Results. The City Council hereby accepts the Official Results from the Okeechobee County Canvassing Board for the 2022 General Nonpartisan City Council Election. Statement of Votes Cast provided by the Okeechobee County Supervisor of Elections with 45.59 percent voter participation of the 3,139 registered City voters as of October 11, 2022: Name of Candidate Jon Bob David R. Christopher Dowling R. Qualified for City Council: Folbrecht Jarriel McAuley Adam Martin Watford,Jr. Votes by Precinct(No.6): 162 310 220 143 351 Votes By Mail: 76 171 133 91 215 Early Voting: 105 270 191 124 282 Provisional Ballots: 0 0 0 0 0 TOTAL VOTES: 343 751 544 358 848 PERCENTAGE: 12.06% 26.41% 19.13% 12.59% 29.82% Section 3. Candidates Elected and Terms. That, Dowling R.Watford, Jr., Bob Jarriel, and David R. McAuley, having received the highest number of votes be, and are hereby declared elected as City Council Members. RESOLUTION No.2022-09, PAGE 1 OF 3 That they shall hold office for four(4) years beginning the first Monday in January following the City General Election and until their successors are elected and qualified as provided in Section 26-5, Code of Ordinances. Terms being January 2, 2023, through January 4, 2027.Whereby due the first Monday in January of 2023 falling on an official holiday observed by the City of Okeechobee, the Oath of Office will be conducted on December 27, 2022. Section 4. Duties and Responsibilities; Compensation; Benefits; Public Records. City Council Members are expected to uphold all laws government municipalities whether Federal, State, or local. Duties and responsibilities of elected officials are set out in various chapters of the Florida Laws, Florida Administrative Code, and Florida Statutes including the Sunshine Laws, and the Open Public Records Laws; additional specific duties and responsibilities are provided in,but not limited to the City Charter, City Code of Ordinances, City Employee Policies and Procedures Handbook, City Safety Policy Manuel, City Drug-Free Workplace Policy, and City Workers Compensation Policy.These publications along with a digital copy of the Florida Municipal Officials Manual are provided to Council Members. The list compiled below is representative, and not intended to be a comprehensive list of duties and responsibilities.The omission of a specific function does not absolve an official from being required to perform tasks incidental to or inherent to the position. • Set policy and make decisions concerning different aspects of municipal government such as tax rates, rezonings,comprehensive plan amendments,annexations,land development regulations, and awards contracts over amount set by ordinance. • Attends regular Council meetings as well as workshops and special meetings. • Serve as City liaison for various area-wide boards and committees. • Complete and file every year, a State of Florida Financial Disclosure Form 1. • Complete annually, the State required four-hour training on Ethics, Open Public Meetings (Sunshine Law),and Public Records,and file a copy of the certificate of completion with the City Clerk. • Comply with all State Statutes, Florida Administrative Code, and State Constitution regarding public records. This includes maintaining and checking on a regular basis, the assigned City email and maintain proper keeping of all records made or received in connection with the transaction of official City business. • Review and adopt an annual budget for revenues, operating expenses, capital improvement projects, public facilities improvements and/or grant projects. • Review the annual Financial Report of the City (Audit Report). • Creates and/or abolishes departments by ordinance, excluding ones authorized by Charter. Approves staffing requirements within each department and sets annual compensation of the employees during the annual budget adoption. • Make appointments to multiple citizen boards such as the Okeechobee Utility Authority Board of Directors; the Planning Board, the Board of Adjustments, the Design Review Board,the Police Officers Pension Fund Board of Trustees,the Firefighters Pension Fund Board of Trustees, and the General Employees Retirement System Board of Trustees. • Represent the City for numerous ribbon cuttings, opening day festivities and organizational welcomes. • Personnel files are maintained by the City Clerk; a driver history check is conducted upon the beginning of the term of office, additional driving history reports may be obtained as required. Additional personnel processing is conducted as required by law,of which include E-Verify and Florida Employment Reporting. Pre-employment substance screenings and health physicals are not conducted. However, Council Members are subject to follow all workers compensation protocols and procedures in the event of an accident or injury. • City Council Members do not have offices within City Hall; the positions are classified as part- time. RESOLUTION No.2022-09, PAGE 2 OF 3 Compensation. Compensation is authorized by the City Charter and established by the annual budget ordinance. Benefits. City Council Members are entitled to participate or opt out of the General Employees Retirement System as provided by ordinance; to participate in the Employee Health Insurance and Life Insurance or participate in optional insurance,benefit and/or retirement plans at group rates;and a monthly cell phone reimbursement. Public Records. A public record is defined in Chapter 119, Florida statutes to include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software,or other material, regardless of the physical form, characteristics, or means of transmission (i.e.: text messages, voice mail, emails, social media comments/posts, made or received on any device regardless of device ownership). -Council Members are required to retain all text messages,voice messages,videos/photographs made or received in connection with the transaction of official City business on their personal cell phone(s), computer(s), or other electronic devices. -Council Members are required to ensure their personal cell phone carrier can provide call logs for all incoming and outgoing texts or phone calls. Additionally, that they be able to provide the content of the text message. This is required for the duration of the term of office. It is strongly encouraged that Council Members retain a monthly copy (digitally preferred) if the carrier only provides this content for a certain amount of time. -Records Management forms, dates required to retain public records, and training will be provided by the City Clerk's Office. -Council Members may submit records to the City Clerk's Office to be stored in the Records Room. Section 5. Certificate of Election. The City Clerk is hereby instructed to coordinate an Investiture Ceremony for the official issuance and delivery of the Certificates of Election to each candidate elected as provided in Section 26-10, Code of Ordinances. Section 6. Conflicts.All Resolution or parts of Resolutions in conflict herewith are hereby repealed. Section 7. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. Section 8. Effective Date. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED in Regular Session this 20th day of December 2022. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney RESOLUTION No. 2022-09, PAGE 3 OF 3