Proposed charter amendments won’t eliminate supra-majority votes
BRADENTON BEACH – Registered voters will see five charter amendment questions on their city ballots this fall.
Two proposed charter amendments pertain to filling vacant commission seats and one pertains to eliminating term limits for elected officials.
Similar to a state or federal constitution, the city charter sets forth how the city is governed and structured. The Bradenton Beach charter also includes language that restricts building heights and requires voter approval to vacate city rights of ways. The city charter can only be amended with the majority support of the city’s registered voters.
On June 2, the city commission adopted on first reading a city ordinance containing five of the six charter amendment ballot questions previously recommended by the commission-appointed charter review committee and drafted by City Attorney Ricinda Perry.
The commission rejected Perry’s final effort to include a sixth ballot question that could have potentially weakened the existing four-fifths supra-majority vote required for certain city commission actions.
The five commission-supported charter amendment ballot questions are slated for final adoption on Thursday, June 16. The adopted ballot questions will then be submitted to the Manatee County Supervisor of Elections for inclusion on the fall ballot.
Vacancies and term limits
Working somewhat in unison, proposed charter amendments 2 and 3 address filling vacant city commission seats, while proposed charter amendment 4 addresses term limits.
If approved by city voters, proposed charter amendment 2 would allow the commission to appoint someone from outside of a specific commission ward to serve on the commission if no resident of that ward is willing to run or be appointed to that seat.
Proposed charter amendment 3 would allow the commission to appoint someone to fill a commission vacancy of more than six months created by a sitting commission member’s mid-term resignation. The charter currently requires a special election to fill such a vacancy of more than six months.
In 2021, city voters narrowly voted in favor of retaining the existing term-limits set forth in the charter. Proposed charter amendment 4 seeks to eliminate the term limits that result in an elected official term-limiting out of office after serving three consecutive two-year terms.
During Thursday’s meeting, Perry explained how voter approval of proposed charter amendment 4 would allow incumbent commissioner Marilyn Maro to serve another term even though her term expires in November.
Perry said Maro can run for the Ward 2 seat, and if she wins that race, and city voters eliminate term limits, she can then serve another term. If Maro runs and wins but voters retain term limits, that seat would be filled by person receiving the second highest number of votes.
If no other candidate runs against Maro, the two-year vacancy would be filled by commission appointment. If city voters adopt charter amendment 2, the commission could appoint someone from outside of Ward 2 to serve that full two-year term if no one from that ward applies to fill the vacancy.
After Thursday’s meeting, Maro said she had not yet decided if she’s running again. Mayor John Chappie and Commissioner Jake Spooner’s terms expire in November 2023.
Supra-majority retained
The commission directed Perry to draft an ordinance containing five of the six charter amendment questions recommended by the charter review committee on May 19, rejecting a sixth proposed ballot question pertaining to supra-majority votes.
The charter currently says an affirmative supra-majority vote of at least four of the five commission members shall be required to approve any comprehensive plan amendment (including map or text amendments), rezoning, special exception, variance or the vacation of any city right of way.
During Thursday’s meeting, Perry proposed new charter language that said, “The commission shall clarify and define supra-majority in the city of Bradenton Beach Land Development Code, as well as establish the number of elected officials required for a supra-majority vote.”
Perry said she included the supra-majority question in the first reading of the ordinance because it could be removed during first reading but could not be added to the ordinance if not publicly noticed as such.
Perry suggested retaining the fourth-fifths supra-majority commission vote – and subsequent city voter approval – to vacate any city-owned right of ways, while allowing the commission to decide if a supra-majority or simple majority vote is required for other actions that currently require the supra-majority support of the commission.
Perry questioned what would happen if one commission member had to recuse themselves from such a vote. The commission agreed that the applicant would then need the approval of all four remaining commission members.
Commissioner Ralph Cole said amending the charter as the charter review committee and Perry proposed could result in three or fewer votes being needed to approve a comprehensive plan amendment that would allow a stand-alone parking garage.
Chappie said he likes the higher four-fifths standard for certain commission actions, even though it makes the approval process tougher for developers.
During public input, city resident and Planning and Zoning Board member John Burns asked why the supra-majority question was included in the ordinance after the commission rejected it on May 19. Burns said he likes the higher threshold for certain commission actions and he wants it to be harder, not easier, for the commission to govern when addressing issues of this nature.
Proposed charter amendments
The charter amendment questions will appear on the ballot seeking from the city’s registered voters a “yes” vote for approval or a “no” vote for rejection.
The ballot questions are:
- FORFEITURE OF OFFICE
Currently the city charter vests authority in three arbitrators to hold forfeiture of office proceedings against an elected official with costs to be borne by the city. Should the city revise its charter to eliminate the three arbitrator-panel procedure and replace it with the former forfeiture provision utilizing the city commission to conduct the proceedings?
- TEMPORARY AT-LARGE FILLING OF VACANCIES
The current city charter requires a ward commissioner to reside in the ward they represent. Should the city amend its charter to establish a procedure to temporarily fill the ward seat for one term with an at-large commissioner if no ward resident is available or willing to run for office?
- FILLING OF VACANCIES BY APPOINTMENT
The current city charter requires the city to provide a special election to fill a vacancy that results in more than six months from a resignation required by Section 99.012, Florida Statues. Should the charter be amended to allow for all vacancies to be appointed by the city commission?
- QUALIFICATIONS AND TERMS OF OFFICE
Should the city amend its charter to remove term limits and maintain two-year terms for all elected positions with an effective date of June 16, 2022, in order to allow currently seated elected officials the ability to run for office, if otherwise termed out?
- ACTIONS REQUIRING AN ORDINANCE
Currently the city charter sets forth actions requiring an ordinance. Should the city amend the charter to remove employee personnel benefits and procedures from this section and require actions of the city regarding employee personnel benefits and procedures to be adopted in a public meeting through a resolution of the commission?
