Oakland Charter Amendments

Amending the Town of Oakland Charter to revise, from 30 days to 90 days, the time period in which the Town Commission must fill vacancies in its membership by appointment, and to provide that if not filled in that time, the vacancy shall be filled by special election, rather than appointment by the Governor. 

Shall the above-described amendment be adopted?

___ YES

___ NO

‍DRILL DOWN: The intent of this proposed amendment is to give the Town more flexibility along with preserving local control over Town representation when there is a vacancy on the Town Commission. 

TEXT REVISION: Upon approval of this question at referendum, the following portions of the Town of Oakland Charter are amended to read as follows:

Section 2.5 – Vacancies; forfeiture of office; filling of vacancies.

(c) Filling of vacancies. A vacancy on the Commission shall be filled as follows:

(1) If any vacancy occurs in the Town Commission, the Town Commission shall elect within ninety (90) days by the affirmative votes of not less than three (3) members, an eligible person to fill the vacancy until the next Town Regular Election, at which time the office shall be filled for the unexpired term; provided that if such vacancy is not filled within ninety (90) days after it shall have occurred, appointment to fill the existing vacancy shall be filled by special election called by the Town Commission.

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The Town of Oakland Charter currently requires an affirmative vote of three (of five) Town Commission members to approve any matter if the other two Town Commission members are unavailable to vote due to abstention required by state law. Amending the Town Charter to apply this requirement to either the abstention, or absence, of two Town Commission Members.  

Shall the above-described amendment be adopted?

___ YES

___ NO

DRILL DOWN: The intent of this proposed amendment is to ensure consistency and uniformity in the Commission’s voting procedures.

TEXT REVISION: Upon approval of this question at referendum, the following portions of the Town of Oakland Charter are amended to read as follows:

Section 4.1 – Commission meeting procedures.

(c) Quorum and voting. A majority of the Commission present shall constitute a quorum but in the event a quorum is not present, a smaller number may adjourn the meeting from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Commission. Voting on all matters shall be by voice vote unless a Commission member or the Town Clerk requests otherwise. In the event that two (2) Commission members are unavailable to vote on a particular matter due to absence or abstention, then a vote of three (3) Commission members shall be required to approve such matter. Electronic participation in a meeting by a member of the Commission will be permitted only if there is a quorum physically present during the meeting and that quorum authorizes electronic participation.

Amending the Town of Oakland Charter to provide that the candidate for Mayor or a Town Commission seat receiving the most votes in the General Election shall be duly elected, and removing the requirement for run-off elections where no candidate receives over 50 percent of the votes cast.

Shall the above-described amendment be adopted?

___ YES

___ NO

DRILL DOWN: The intent of this proposed amendment is to simplify the election process and save the Town time and expense related to run-off elections.

TEXT REVISION: Upon approval of this question at referendum, the following portions of the Town of Oakland Charter are amended to read as follows:

Section 5.1 – Elections.

(c) Election dates. A General Election shall be held in each even-numbered year, on the second Tuesday in March. Provided, however, the Commission, by ordinance may provide the circumstances and manner upon which the day of the General Election can, on occasion, be changed to coincide with the date of the Presidential preference primary. The Commission shall hold no meetings between the General Election and the swearing in of those newly elected or re-elected Commission members except in the case of an emergency affecting life, health, property or the public peace.

(d) General Election. The ballot for the General Election shall contain the names of all qualified candidates for Mayor, if the Mayor’s term is expiring, and for each seat that is to be filled. For each office, the last name of each candidate appearing on the ballot shall be listed in alphabetical order. The ballot shall instruct electors to cast one (1) vote for Mayor, if applicable, and one (1) vote for each seat, with a maximum of one (1) vote per candidate. The candidate for Mayor receiving the most votes shall be duly elected Mayor. The candidate for each seat receiving the most votes shall be duly elected to that seat.

(e) Special Elections. Special elections, when required, shall be scheduled by the Commission at such times and in such a manner as shall be consistent with this Charter and State Statutes.

(f) Single candidates. No election for Mayor or any seat shall be required in any election if there is only one (1) duly qualified candidate for Mayor or for any seat. At close of qualifying that candidate shall be considered elected by operation of law.

(g) Commencement of terms. The term of office of all elected officials will commence at the next regularly scheduled Commission meeting after the General Election.

Amending the Town of Oakland Charter to remove the collection of signature cards (from 10% of the Town’s registered voters or 100 voters, whichever is less) as an alternate method of qualifying for Town Commission elections, leaving the filing of a written notice of candidacy and payment of the $100 qualifying fee as the sole method of qualification.

Shall the above-described amendment be adopted?

___ YES

___ NO

DRILL DOWN: The intent of this proposed amendment is to create a more uniform qualification period; and further, as long as the indigency waiver outlined in F.S. 99.093 remains in effect, residents who can demonstrate financial hardship may qualify without being required to pay the qualification fee.

TEXT REVISION: Upon approval of this question at referendum, the following portions of the Townof Oakland Charter are amended to read as follows:

Section 2.4 – Qualifications.

Candidates for Commission member or Mayor shall qualify for election by the filing of a written notice of candidacy with the Town Clerk at such time and in such manner as may be prescribed by ordinance ("qualifying date") and paying to the Town Clerk a qualifying fee of one hundred dollars ($100.00), in addition to any fees required by Florida Statutes.  A person may not be a candidate for Commission and Mayor in the same election. Only qualified electors of the Town who have resided continuously in the Town for at least one (1) year preceding their qualifying date shall be eligible to hold the office of Commission Member or Mayor.

Amending the Town of Oakland Charter to remove a provision relating to the adoption of conflicting Charter amendments at the same election.

Shall the above-described amendment be adopted?

___ YES

___ NO

DRILL DOWN: The intent of this proposed amendment is to eliminate confusion among voters and ensure clarity of the results of future Charter referenda.

TEXT REVISION: Upon approval of this question at referendum, the following portions of the Town of Oakland Charter are amended to read as follows:

Section 6.1 – Procedure to Amend.

The Charter may be amended in accordance with the provisions of Florida Statutes.

Amending the Town of Oakland Charter to correct various scriveners, grammatical and wording errors, add clarifying language, and correct a clerical omission by clarifying that that the Town Manager designates, subject to the Town Commission’s approval, a qualified Town employee as ActingTown Manager during the Town Manager’s temporary absence or disability.

Shall the above-described amendment be adopted?

___ YES

___ NO

DRILL DOWN: The intent of this proposed amendment is to keep the Charter consistent and accurate, but not to make any substantive changes as to what the Charter requires in any given instance.

TEXT REVISION: Upon approval of this question at referendum, the following portions of the Town of Oakland Charter are amended to read as follows:

Section 2.5 – Vacancies; forfeiture of office; filling of vacancies.

(b) Forfeiture of office.(1) Forfeiture by disqualification. A Commission Member shall forfeit his/her office if at any time during his/her term, the Commission Member:

a. Ceases to maintain his/her permanent residence in the Town; or

b. Otherwise ceases to be a qualified elector of the Town.

...

(d) Vacancies in candidacy. Vacancies in candidacy of persons running for the office of Mayor or Town Commission caused by the death, withdrawal or removal of a qualified candidate following the end of the qualifying period shall be handled as follows:

...

(2) If the death, withdrawal, or removal from the ballot of a qualified candidate following the end of the qualifying period results in one candidate running for office, the remaining candidate shall be considered duly elected by the operation of law. That person would assume office according to Article V. Elections, Section 5.1, Paragraph (h) Commencement of Terms.

...

Section 3.4 – Acting Town Manager.

The Town Manager shall designate, subject to the approval of the Commission, a qualified Town employee to exercise the powers and perform the duties of the Town Manager during the Town Manager’s temporary absence or disability. During such absence or disability, the Commission may revoke such designation and appoint another employee of the Town to serve as acting Town Manager until the Town Manager shall return or his/her disability shall cease.

...

Section 4.4 – Emergency Ordinances.

To meet a public emergency affecting life, health, property or the public peace, the Commission may adopt, in the manner provided in this section, one (1) or more emergency ordinances, but emergency ordinances may not levy taxes; grant, renew or extend any municipal franchise; set service or user charges for any municipal services; or authorize the borrowing of money except as provided under the emergency appropriations provisions of this Charter if applicable.

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