§ 5. City council.

(1)

City council; composition; qualifications of council members.

(a)

There shall be a five-member city council, consisting of council members each elected from and representing the city at large.

(b)

[Reserved.]

(c)

To qualify for office:

1.

Each candidate for the office of city council shall be a registered voter in the State of Florida and a resident of the city.

2.

At the time of qualification, each candidate for a council seat shall reside within the boundaries of the city and, if elected, shall maintain such residency throughout his or her term of office. For the initial election, following the referendum approving the creating of the city, candidates for office shall qualify as provided in paragraph (2) of Section 9. Thereafter, candidates shall qualify as provided in paragraph (3) of Section 8.2. At the time of qualification, each candidate for a council seat shall reside within the boundaries of the city and, if elected, shall maintain such residency throughout his or her term of office. For the initial election, following the referendum approving the creating of the city, candidates for office shall qualify as provided in paragraph (2) of Section 9. Thereafter, candidates shall qualify as provided in paragraph (3) of Section 8.

(2)

Term of office. The term of office for council members shall be three (3) years commencing in November, 2015. Each council member shall remain in office until a successor is elected and assumes the duties of the position, except as otherwise provided herein. No council member shall serve more than two (2) consecutive terms of office retaining the six-year total term limitation. Term-limited council members must sit out a minimum of a full term before running again.

(3)

The mayor; powers and duties.

(a)

The city council, at its first regular meeting after the first Tuesday after the first Monday of each November, shall elect from its membership a mayor and vice-mayor who shall serve at the pleasure of the city council and who shall have the same legislative powers and duties as any other council member.

(b)

In addition to carrying out the regular duties under paragraph (a), the mayor shall preside at the meetings of the council and shall be recognized as the head of city government for service of process, ceremonial matters, and the signature or execution of ordinances, contracts, deeds, bonds, and other instruments and documents. The mayor shall have no administrative duties other than those necessary to accomplish these actions, or such other actions as may be authorized by the city council, consistent with general or special law.

(4)

The vice mayor. The vice mayor shall serve as acting mayor during the absence or disability of the mayor. In the absence of the mayor and the vice mayor, the remaining council members shall select a council member to serve as acting mayor.

(5)

Compensation and expenses. City council members shall not be compensated, but shall be entitled to receive reimbursement in accordance with Florida Statutes for authorized travel and per diem expenses incurred in the performance of their official duties. The city council, by not less than four affirmative votes, may elect to provide for compensation by ordinance. However, no such ordinance establishing compensation shall take effect until the date of commencement of the terms of council members selected at the next regular election which follows the adoption of said ordinance.

(6)

General powers and duties of council. Except as otherwise prescribed herein or provided by law, legislative and police powers of the city shall be vested in the council. The council shall provide for the exercise of its powers and for the performance of all duties and obligations imposed on the city by law.

(7)

Vacancies; forfeiture of office; suspension; filling of vacancies.

(a)

Vacancies. A vacancy in the office of a council member shall occur upon the death of the incumbent, removal from office as authorized by law, resignation, appointment to other public office which creates dual office holding, judicially determined incompetency, or forfeiture of office as described in paragraph (2).

(b)

Forfeiture of office. A council member shall forfeit his or her office upon determination by the council, acting as a body, at a duly noticed public meeting that he or she:

1.

Lacks at any time, or fails to maintain during his or her term of office, any qualification for the office prescribed by this charter or otherwise required by law;

2.

Is convicted of a felony, or enters a plea of guilty or nolo contendere to a crime punishable as a felony, even if adjudication is withheld;

3.

Is convicted of a first degree misdemeanor arising directly out of his or her official conduct or duties, or enters a plea of guilty or nolo contendere thereto, even if adjudication of guilt has been withheld;

4.

Is found to have violated any standard of conduct or code of ethics established by law for public officials and has been suspended from office by the Governor, unless subsequently reinstated as provided by law; or

5.

Is absent from three consecutive regular council meetings without justifiable reason, or for any other reason established in this charter.

(c)

Suspension from office. A council member shall be suspended from office upon return of an indictment or issuance of any information charging the council member with any crime which in punishable as a felony or with any crime arising out of his or her official duties which [is] punishable as a first degree misdemeanor. Pursuant thereto:

1.

During the period of suspension, the council member shall not perform any official act, duty or function, or receive any pay, allowance, emolument, or privilege of office.

2.

If the council member is subsequently found not guilty of the charge, or if the charge is otherwise dismissed, reduced, or altered in such a manner that suspension would no longer be required as provided herein, the suspension shall be lifted and the council member shall be entitled to receive full back pay and such other emoluments or allowances as he or she would have been entitled to had the suspension not occurred.

(d)

Filling of vacancies .

1.

If a vacancy occurs in the office of mayor, the vice mayor shall serve as mayor until a new mayor is elected as provided in paragraph (3)(a) and assumes the duties of his or her office.

2.

If any vacancy occurs in the office of any council member and the remainder of the unexpired term is less than 81 days, the remaining council members shall, within 30 days following the occurrence of such vacancy, by majority vote, appoint a person to fill the vacancy for the remainder of the unexpired term. If, however, the remainder of the unexpired term is 81 days or more, the remaining council members shall, within 30 days following the occurrence of such vacancy, by majority vote, appoint a person to fill the vacancy until the next regularly scheduled city election.

3.

Any person appointed to fill a vacant seat on the council shall be required to meet the qualifications of the seat to which he or she is appointed.

(8)

City council meetings. The council shall conduct regular meetings at such times and places as the council shall prescribe by resolution. Such meetings shall be public meetings within the meaning of Fla. Stat. § 286.011 and shall be subject to notice and other requirements of law applicable to public meetings. Pursuant thereto:

(a)

Special meetings may be held at the call of the mayor or, in his or her absence, at the call of the vice mayor. Special meetings may also be called upon the request of a majority of the council members. Unless of an emergency nature, the person or persons calling such a meeting shall provide not less than 72 hours' prior notice of the meeting to the public.

(b)

Elected or reelected council members shall be inducted into office at the first regularly scheduled meeting following certification of their election.

(c)

A majority of the council shall constitute a quorum. No action of the council shall be valid unless adopted by an affirmative vote of the majority of the council members in attendance, unless otherwise provided by law. All actions of the city council shall be by ordinance, resolution, or motion.

(9)

City records. The council shall, in a properly indexed book kept for the purpose, provide for the authentication and recording in full of all minutes of meetings, and all ordinances and resolutions adopted by the council, and the same shall at all times be a public record. The council shall further maintain a current codification of all ordinances. Such codification shall be printed and shall be made available for distribution to the public on a continuing basis. All ordinances or resolutions of the council shall be signed by the mayor, or vice mayor in the absence or disability of the mayor, or by the acting mayor in the absence or disability of both the mayor and the vice mayor, and attested to by the city clerk.

(10)

Adoption of codes. The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance and may amend the code in the adopting ordinance or later amendatory ordinance. The procedures and requirements governing such an adoption ordinance shall be prescribed for ordinances generally, except that:

(a)

Requirements regarding distributing and filing of copies of the ordinance shall not be construed to require distribution and filing of copies of the adopted code of technical regulations, except as provided in paragraph (b).

(b)

A copy of each adopted code of technical regulations, as well as of the adoptive ordinance, shall be authenticated and recorded by the city clerk.

(11)

Limitation of employment of Council Members. No council member shall be in the employment of the city while in office, nor shall any former council member be employed by the city until after the expiration of one year from the time of leaving office.

(12)

Noninterference by City Council. Except for the purposes of inquiry and information, the council and its members, including committees thereof, are expressly prohibited from interfering with the performance of the duties of any employee of the city government who is under the direct or indirect supervision of the city manager or city attorney. Such action shall be malfeasance and shall be punishable as provided in Fla. Stats. §§ 112.317, 775.082 or 775.083. The following definitions shall apply to this charter section unless the context requires otherwise:

(a)

"Interfering" is the act of interposing oneself, whether verbally, physically, or impliedly to a city employee in a way that:

1.

Hinders or impedes the employee's carrying out of his or her duties; or

2.

Directs the employee's carrying out of his or her duties.

(b)

"Malfeasance" means any of the following:

1.

Doing an act that is prohibited or made or declared unlawful, an offense, a violation or a misdemeanor by charter, ordinance or by rule or regulation authorized by ordinance; or

2.

Failure to perform an act that is required to be performed by charter, ordinance or by rule or regulation authorized by ordinance; or

3.

Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation or a misdemeanor by charter, ordinance or by rule or regulation authorized by ordinance.

(c)

Any violation of the charter shall be reported to the City Manager. A person convicted of a violation of this charter shall be punished to the maximum extent allowed by State law. If a violation of this charter is also a violation of State law, the violation shall be punished in the same manner and within the same limits as are prescribed for such violation of State law. In addition to the remedies stated herein, the city council may enforce the charter by any method authorized by law, including by injunctive or other equitable relief as provided by Ordinance adopted by the City Council.

(Ord. No. 2003-28, § 2, 12-23-2003; Ord. No. 2005-06, § 3, 4-12-2005; Ord. No. 2006-20, § 6, 9-5-2006; Ord. No. 2007-06, § 3, 4-24-2007; Ord. No. 2014-06, § A, 6-24-2014, ref. 11-4-2014)