Oakland Charter Amendments

Section C-9 of the City of Ocoee’s Charter shall be amended to provide that the City Commission has authority to interpret and enforce the City Charter subject to review of such decisions by a court of competent jurisdiction.  

Shall the above-described amendment be adopted?

___ YES

___ NO

‍DRILL DOWN: This amendment would “confirm or establish that the city commission has authority to interpret and enforce the provisions of its own charter,” Geller explained. “Which you would think is perfectly natural and normal.” 

Section C-10 of the City of Ocoee’s Charter shall be amended to provide that the City Commission has authority to judge the qualifications and eligibility of candidates for the Commission, establish procedural rules for C-10, including ensuring that notice and due process is given to affected persons and provide for review of such decisions by a court of competent jurisdiction.   

Shall the above-described amendment be adopted?

___ YES

___ NO

‍

DRILL DOWN: The judge’s ruling in the Oliver lawsuit had focused on the commission’s established authority over “members of the commission,” deciding since candidates were not members, the commission had no authority to judge their qualifications. This amendment seeks to expand the commission’s authority to judge candidate qualifications in addition to commission members. “If the city commission makes a clear error, then there is a process for appealing to the circuit court,” Geller said. “But the idea here is that you avoid expense, you have decisions made by those who are closest to the people by having these types of matters decided by the city commission.”

Section C-17 of the City of Ocoee’s Charter shall be amended to state that a member of the City Commission who resigns cannot thereafter seek election to any part of the same term of office from which the member resigned.  

Shall the above-described amendment be adopted?

___ YES

___ NO

DRILL DOWN: For this amendment, Geller referenced language from the state’s resign-to-run law, which outlines the restrictions on individuals qualifying for public office. Oliver had been required by the law to give up his commission seat in order to run for mayor. Geller said that the city commission “interpreted Section C-17 of the city charter to mean that when a commissioner resigns to run for another office, resignation is irrevocable. The former commissioner cannot run for any part of the original term from which he or she resigned.” Geller described this amendment as one that “enforc[es] the intent of an irrevocable resignation.” But he added that once the original term expired, the former commissioner could then run again.  

“This was an issue, a disputed issue, and the commission is asking the voters to make the charter very clear and to not leave any ambiguity that may result in costly litigation in the future,” Geller said.