Title
[EMERGENCY ORDINANCE]: MOTION TO PASS AND ADOPT PROPOSED ORDINANCE 2024-07.
PROPOSED ORDINANCE 2024-07 IS AN EMERGENCY ORDINANCE OF THE CITY OF PEMBROKE PINES, FLORIDA, AMENDING ORDINANCES 2017 AND 2020 TO AUTHORIZE A CHANGE IN DATE FOR A SPECIAL ELECTION TO FILL THE VACANCY IN THE DISTRICT 4 COMMISSION SEAT TO AUGUST 20, 2024, IN THE EVENT THE SUPERVISOR OF ELECTIONS IS EITHER ORDERED BY THE COURT TO PROVIDE SUCH DATE TO THE CITY OR THE SUPERVISOR OF ELECTIONS PROVIDES WRITTEN CONSENT FOR SUCH DATE; CONFIRMING CANDIDATES THAT QUALIFIED DURING THE QUALIFYING PERIOD ESTABLISHED BY ORDINANCES 2017 AND 2020 SHALL REMAIN QUALIFIED FOR AN AUGUST 20, 2024, SPECIAL ELECTION DATE; PROVIDING AUTHORITY FOR THE CITY MANAGER, CITY ATTORNEY AND CITY CLERK TO TAKE ALL STEPS LEGALLY NECESSARY TO IMPLEMENT THE INTENT OF THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
1. Commission District 4 in the City of Pembroke Pines has a vacancy that requires to be filled.
2. The City Commission believes it would be in the best interests of the City and its electorate to schedule the special election for District 4 for the August 20, 2024, statewide primary election, to conform with the requirements of the City’s Charter, which in turn would be consistent with the electorate of the City that approved the City’s Charter and established the timeframe in which an election was to occur to fill the remaining term of a vacancy of Mayor or City Commissioner.
3. The City Commission could have called and scheduled the special election for District 4 by resolution had the Broward Supervisor of Elections consented to the City conducting its election on August 20, 2024, as such date was in conformity with the City’s Charter, and the only reason an ordinance was necessary to schedule the special election for District 4 on November 5, 2024, is that it was necessary for the City Commission to move the date of such special election beyond the 180 days provided in the City’s Charter, which Section 101.75(3), Florida Statutes, requires to be done by ordinance.
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.
4. On Thursday, December 28, 2023, at a special meeting convened by the Pembroke Pines City Commission, a motion was made to direct the City Attorney to draft an ordinance to be brought to the January 17, 2024, Commission meeting to schedule a special election for the District 4 City Commission seat to be conducted on November 5, 2024, with the statewide general election. Ordinance 2017 was adopted February 7. 2024.
5. On Wednesday, May 1, 2024, Ordinance 2020 was adopted, amending Ordinance 2017 to amend the qualifying period to add an additional period for qualifying on June 10-14, 2024, and confirming the qualified status of previously qualified candidates.
6. Given the lack of concern by the current Supervisor of Elections for the needs of the City to conduct a special election and his ability to cooperate and work with the City to schedule the special election for District 4 in conformance of City charter requirements - charter requirements adopted by the electorate of the City - without any real expense or inconvenience to the SOE given there is already a statewide primary election on August 20, 2024, and the City has confirmed it would pay the incremental costs of adding its special election to the ballot on that day, the City Commission was compelled to schedule the special election for District 4 at the November 5, 2024, general election.
7. As a result of having to adopt Ordinances 2017 and 2020, which the City Commission did solely due to the refusal of the SOE to permit the City to conduct a special election for district 4 on August 20, 2024, and which was required by state law to move the special election beyond the 180 days from the vacancy, to November 5, 2024, it would be necessary for the City Commission to adopt an ordinance to amend Ordinances 2017 and 2020 to reschedule the special election for District 4 for August 20, 2024, in the event the City is permitted access to that date for the special election.
8. Recommend the passage and adoption of Emergency Proposed Ordinance 2024-07.
Financial Impact
FINANCIAL IMPACT DETAIL: None
a) Initial Cost: Not applicable
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 projectNot 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:
Pursuant to Section 166.041, F.S., a Business Impact Estimate (BIE) 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)? Yes.