Title
MOTION TO ADOPT PROPOSED ORDINANCE 2024-05 ON SECOND AND FINAL READING.
PROPOSED ORDINANCE NO. 2024-05 IS AN ORDINANCE OF THE CITY OF PEMBROKE PINES, FLORIDA, AMENDING ORDINANCE NO. 2017, ADOPTED FEBRUARY 7, 2024, REGARDING THE SPECIAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, TO FILL THE VACANCY IN THE DISTRICT 4 COMMISSION SEAT; AMENDING THE QUALIFYING PERIOD TO ADD AN ADDITIONAL PERIOD FOR QUALIFYING; CONFIRMING THE QUALIFIED STATUS OF PREVIOUSLY QUALIFIED CANDIDATES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
1. The Commission voted unanimously to amend Ordinance No 2017, adopted February 7, 2024, regarding the election to be held on November 5, 2024, to fill the vacancy in the District 4 Commission seat amending the qualifying period to add an additional period for qualifying and confirming the qualified status of the previously qualified candidates.
2. Section 3.11(d)(1) of the City Charter provides that in the event of a vacancy in the office of City Commissioner,
[i]f there are more than one hundred eighty days before the next municipal election, then the City Commission shall conduct a special election to fill the vacancy. The special election shall take place as soon as practicable, but no more than one hundred eighty (180) days from the date that the vacancy occurred;
3. There is a statewide primary election on August 20, 2024, which would fall within 180 days of the vacancy; as described in Ordinance No. 2017, the current Broward County Supervisor of Elections refused to permit ballot access for a City special election for District 4 at the August 20, 2024 statewide primary election.
4. Given the refusal of the current Supervisor of Elections to permit ballot access for a City special election for District 4 at the August 20, 2024, statewide primary election, the City Commission was compelled to schedule the special election for District 4 at the November 5, 2024, general election; and,
Section 101.75(3), F.S., provides:
Notwithstanding any provision of local law or municipal charter, the governing body of a municipality may, by ordinance, move the date of any municipal election to a date concurrent with any statewide or countywide election. The dates for qualifying for the election moved by the passage of such ordinance shall be specifically provided for in the ordinance. The term of office for any elected municipal official shall commence as provided by the relevant municipal charter or ordinance.
5. November 5, 2024, is beyond 180 days from the vacancy, and as a result of the refusal of the Broward County Supervisor of Elections to permit the special election for District 4 during the August 20, 2024, statewide primary election, which would have complied with the City Charter, the City Commission adopted Ordinance No. 2017 on January 17, 2024, pursuant to Section 101.75(3), F.S., to conduct the special election for District 4 on November 5, 2024.
6. Ordinance No. 2017 also established the qualifying period for the November 5, 2024, special election to be from noon on Friday, March 1, 2024 and end at noon on Friday, March 15, 2024; and, the qualified candidate elected to fill the District 4 vacancy at the special election will complete the remaining balance of the term for District 4.
7. The City Commission, at the April 3, 2024 Commission meeting, voted unanimously to amend the qualifying period in Ordinance No. 2017 to provide for an additional period for the qualifying in which persons interested in being a candidate to fill the vacancy in District 4 may qualify for the November 5, 2024, special election for District 4; and the City Commission of the City of Pembroke Pines finds it to be in the best interests of the citizens and residents of the City to provide for an additional qualifying opportunity for potential candidates interested in filling the District 4 vacancy at the November 5, 2024, special election. The additional qualifying period will be from noon on Monday, June 10, 2024, through noon on Friday, June 14, 2024.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: None.
b) Amount budgeted for this item in Account No: Not Applicable.
c) Source of funding for difference, if not fully budgeted: Not Applicable.
d) 5 year projection of the operational cost of the project: Not Applicable
e) Detail of additional staff requirements: Not Applicable.
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable.
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable.
Business Impact Estimate for Proposed Ordinances
BUSINESS IMPACT ESTIMATE:
Pursuant to Section 166.041, F.S., a Business Impact Estimate must be prepared for certain ordinances that impact the operations of local businesses.
a) Is a Business Impact Estimate (BIE) Form attached to this Ordinance? Yes.
b) Is this Ordinance exempt from requiring an Business Impact Estimate (BIE)? No.