20-2183 Amendments to the Charter to Submit for Elections 2020ORDINANCE NO. 20-2183
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, PROPOSING
AMENDMENTS TO THE CHARTER OF THE CITY OF LONGWOOD,
FLORIDA; PROVIDING THAT SAID PROPOSED CHARTER AMENDMENTS
BE SUBMITTED TO THE VOTERS FOR REFERENDUM AT ELECTION HELD
ON TUESDAY, NOVEMBER 3, 2020; PROVIDING THAT IF APPROVED,
SUCH AMENDMENTS SHALL BE INCORPORATED INTO THE CITY
CHARTER; PROVIDING FOR CODIFICATION AND CORRECTIONS,
DIRECTIONS TO CITY STAFF, SEVERABILITY, CONFLICTS AND AN
EFFECTIVE DATE.
WHEREAS, Section 166.031, Florida Statutes, provides for the adoption of an ordinance
submitting proposed amendments to the City of Longwood's Charter to the electors of the City
for approval;
WHEREAS, the City of Longwood Charter Advisory Committee met to review the City
Charter and recommended that the City Commission submit certain proposed charter
amendments to voter approval by referendum; and
WHEREAS, the City Commission of the City of Longwood, Florida, has met and reviewed
the Charter Advisory Committee's proposed revisions to the City Charter; and
WHEREAS, the City Commission desires to place the Charter Advisory Committee's
proposed amendments of the City Charter amendment subject to a few revisions directed by
the City Commission and more specifically identified in this Ordinance on the ballot for voter
consideration and potential approval; and
WHEREAS, the City of Longwood proposes the following amendments to the Charter
of the City of Longwood be submitted to the voters of the City of Longwood at the election
held on Tuesday, November 3, 2020.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
LONGWOOD, FLORIDA, AS FOLLOWS:
SECTION 1. Amendment #1. The following amendment to the Charter of the City of
Longwood is submitted to the qualified electors of the City of Longwood and upon approval by
the qualified electors, the City Charter shall be amended to read as follows:
[The language below provides instructions for amendments to the Charter to make the Charter
gender -neutral and is not intended to be a provision placed in the City Charter]
City of Longwood — Ordinance 20-2183
Page 1 of 14
Whenever in the Charter of the City of Longwood, Florida, the gender -specific pronoun of "he"
or "his" is used when referencing the Mayor, a City Commissioner, City Manager or other
official or employee, the title of the official or employee is to be substituted for such gender -
specific pronoun and other grammatical changes are to be made to the same sentence as may
be needed to make the sentence grammatically correct and gender -neutral. The City Clerk is
given liberal authority to effectuate the intent of this charter amendment to make the charter
gender -neutral and to avoid the use of "he" or "his" when referencing City officials and
employees.
SECTION 2. Amendment #1 Ballot Question. The ballot title and summary of the
charter amendment referenced in Section 1 herein, followed by the words "yes" and "no" shall
be set forth as follows on the ballot at the election held on Tuesday, November 3, 2020, for
consideration by the qualified electors of the City of Longwood, Florida:
PROPOSED CHARTER AMENDMENT
QUESTION #1
GENDER NEUTRAL LANGUAGE
Shall the Longwood City Charter be amended to provide for gender -neutral language
when referencing city officials and employees?
YES
NO
SECTION 3. Amendment #2. The following amendment to the Charter of the City of
Longwood is submitted to the qualified electors of the City of Longwood and upon approval by
the qualified electors, the City Charter shall be amended to read as follows (words that are
st zkpm eut are deletions; words that are underlined are additions; stars *** indicate
separations between sections or subsections and do not represent revisions):
City of Longwood — Ordinance 20-2183
Page 2 of 14
Section 3.01. - Composition, qualifications of members, commission districts, election, term of
office, oath and forfeiture.
(c) Geographical commission districts.
(1) The City Commission of the City of Longwood, Florida, shall by separate ordinance divide the
City into five (5) geographical commission districts or such number of commission districts as
there shall be commissioners and each commissioner shall reside in a separate commission
district during his or her term of office.
(2) The boundaries of such districts shall be defined by said ordinance_ and The boundaries of
such districts shall be considered for ;;mi-PdPd amendment within 180 days of the official
certification of the decennial census of the state and at other such times from *erne to tern^ as
necessary to maintain said districts in as nearly equal population as practicable.
(3) No candidate, commissioner -elect, or commissioner shall have his or her name removed
from the ballot, nor be sworn or forfeit his or her office for reason of non -residence due to re-
districting, but shall continue to serve until his or her successor is duly elected and qualified.
SECTION 4. Amendment #2 Ballot Question. The ballot title and summary of the
charter amendment referenced in Section 3 herein, followed by the words "yes" and "no" shall
be set forth as follows on the ballot at the election held on Tuesday, November 3, 2020, for
consideration by the qualified electors of the City of Longwood, Florida:
PROPOSED CHARTER AMENDMENT
QUESTION #2
BOUNDARIES OF COMMISSION DISTRICTS
Shall Section 3.01 of Longwood City Charter be amended to require the city to
consider amending the city commission district boundaries within 180 days after each
official certification of the decennial census and at other such times as necessary to
maintain said districts in as nearly equal population as practicable?
YES
City of Longwood — Ordinance 20-2183
Page 3 of 14
SECTION S. Amendment #3. The following amendment to the Charter of the City of
Longwood is submitted to the qualified electors of the City of Longwood and upon approval by
the qualified electors, the City Charter shall be amended to read as follows (words that are
tro ice are deletions; words that are underlined are additions; stars *** indicate
separations between sections or subsections and do not represent revisions):
Section 3.03. - Mayor and deputy mayor.
(a) The Commission shall elect from among its members officers of the City who shall have the
title of Mayor and Deputy Mayor, each of whom shall serve at the pleasure of the
Commission. The Mayor shall preside as chairperson at meetings of the Commission, and
shall be recognized as head of the City Government for all ceremonial purposes and by the
Governor for purposes of military law. The Mayor shall, on behalf of the city, sign
ordinances, resolutions, bonds, contracts and instruments convening city property rights,
plats and other similar —documents approved by the Commission and which that are
traditionally signed by the Mayor. Other than pFevieusiy authorized by this charter, the
Mayor shall have no administrative duties. The Deputy Mayor shall act as Mayor during the
absence or disability of the Mayor.
SECTION 6. Amendment #3 Ballot Question. The ballot title and summary of the
charter amendment referenced in Section 5 herein, followed by the words "yes" and "no" shall
be set forth as follows on the ballot at the election held on Tuesday, November 3, 2020, for
consideration by the qualified electors of the City of Longwood, Florida:
QUESTION #3
DUTIES OF MAYOR
PROPOSED CHARTER AMENDMENT
City of Longwood — Ordinance 20-2183
Page 4 of 14
Shall Section 3.03 of Longwood City Charter be amended to clarify the duties of the
Mayor concerning the Mayor's authority to sign certain city documents, and the
Mayor's role as the chairperson of the City Commission meetings?
YES
NO
SECTION 7. Amendment #4. The following amendment to the Charter of the City of
Longwood is submitted to the qualified electors of the City of Longwood and upon approval by
the qualified electors, the City Charter shall be amended to read as follows (words that are
r*r'�--eut are deletions; words that are underlined are additions; stars *** indicate
separations between sections or subsections and do not represent revisions):
Section 6.06. - Amendments after adoption.
(a) Supplemental appropriations. If during the fiscal year the City Manager certifies that there
are available for appropriation revenues in excess of those estimated in the budget, the City
Commission by resolution er erdipanee may make supplemental appropriations for the year up
to the amount of such excess.
(b) Reduction of appropriations. If at any time during the fiscal year its appears probable to the
City Manager that the revenues available will be insufficient to meet the amount appropriated,
the City Manager shall report to the City Commission without delay indicating the estimated
amount of the deficit, any remedial action taken by the City Manager to eliminate said deficit,
and the recommendations of the City Manager as to any other steps to be taken. The City
Commission shall then take such further action as it deems necessary to prevent any deficit,
and for that purpose it may by resolution eF sFdiaase reduce one (1) or more appropriations.
(c) Transfer of appropriations. At any time during the fiscal year or sixty (60) days after the end
of the fiscal year the City Commission by resolution or ^ -e may transfer part or all of any
unencumbered appropriation balance among programs within a department and transfer part
or all of any unencumbered appropriation balance from one (1) department or fund are€fiee to
the appropriation of another department or fund or to new appropriation. The City
Commission by ordinance may delegate to the City Manager or his/her designee the authority
to make budget transfers that do not change the total appropriations within a fund and adopt
City of Longwood — Ordinance 20-2183
Page 5 of 14
procedures governing budget transfers by the City Manager or his/her designee. Any transfers
made by City Manager shall be reported to the City Commission in writing in a timely manner
and are subject to reversal or modification by majority vote of the City Commission.
(d) Emergency Appropriations. To address a public emergency affecting life, health, property or
the public peace, the City Commission may make emergency appropriations. Such
appropriations may be made by emergency resolution. To the extent that there are no available
unappropriated revenues or a sufficient fund balance to meet such appropriations, the
Commission may by such emergency resolution authorize the issuance of emergency notes,
which may be renewed from time to time, but the emergency notes and renewals of any fiscal
year shall be paid or refinanced as long-term debt not later than the last day of the fiscal year
succeeding that in which the emergency appropriation was made.
(de) Limitations; effective date; notice. No appropriation for debt service may be reduced or
transferred, and no appropriation may be reduced below any amount required by law to be
appropriated or by more than the amount of the unencumbered balance thereof. The
supplemental and emergency appropriations and reduction or transfer of appropriations
authorized by this section may be made effective immediately upon adoption. Any budget
amendment that changes the total appropriations within a fund may be adopted by resolution
of the City Commission after conducting at least one public hearing, notice of which may be
made by posting the proposed amendment on the City's website at least five (5) days in
advance of the public hearing.
................................................ 0 0 0 0 0 0 0 a E 0 x N ...... 0 0 0 E M 0 ...... ■
SECTION 8. Amendment #4 Ballot Question. The ballot title and summary of the
charter amendment referenced in Section 7 herein, followed by the words "yes" and "no" shall
be set forth as follows on the ballot at the election held on Tuesday, November 3, 2020, for
consideration by the qualified electors of the City of Longwood, Florida:
PROPOSED CHARTER AMENDMENT
QUESTION #4
BUDGET TRANSFERS AND AMENDMENTS; EMERGENCY APPROPRIATIONS
Shall Section 6.06 of the Longwood City Charter be amended to provide for budget
amendments and fund transfers by resolution of the City Commission, require public
notice and hearing for budget amendments changing the total appropriations within a
fund, allowing delegation to the City Manager by ordinance of certain budget
City of Longwood — Ordinance 20-2183
Page 6 of 14
transfers that do not change the total appropriations within a fund, and providing for
emergency appropriations and notes by resolution of the City Commission?
YES
NO
SECTION 9. Amendment #5. The following amendment to the Charter of the City of
Longwood is submitted to the qualified electors of the City of Longwood and upon approval by
the qualified electors, the City Charter shall be amended to read as follows (words that are
s+r' ut are deletions; words that are underlined are additions; stars *** indicate
separations between sections or subsections and do not represent revisions):
CtARdards and pmr=edwies for such heard te hear and determiRe appeals frem ;;dmiAw;tr;#44P
City GepwnissieR eF by law. The BeaFd ef AdjustmeRt shall eeRsist of five (5) membeF-&
A-f the City. MembeFS of the B9aFd ef Adjustment shall held ne etheF Gity 94*ee 9F eFnpleyffieRt.
...............................................................................
SECTION 10. Amendment #5 Ballot Question. The ballot title and summary of the
charter amendment referenced in Section 9 herein, followed by the words "yes" and "no" shall
be set forth as follows on the ballot at the election held on Tuesday, November 3, 2020, for
consideration by the qualified electors of the City of Longwood, Florida:
QUESTION #5
PROPOSED CHARTER AMENDMENT
City of Longwood — Ordinance 20-2183
Page 7 of 14
BOARD OF ADJUSTMENT
Shall Section 7.02 of the Longwood City Charter be deleted to eliminate the Board of
Adjustment as a charter -required city board?
YES
Ak
SECTION 11. Amendment #6. The following amendment to the Charter of the City of
Longwood is submitted to the qualified electors of the City of Longwood and upon approval by
the qualified electors, the City Charter shall be amended to read as follows (words that are
tri, k e.Aare deletions; words that are underlined are additions; stars *** indicate
separations between sections or subsections and do not represent revisions):
Section 8.02. - Candidate qualifying procedures.
(a) Voters. Any qualified voter of the City may qualify for the City Commission as a district
Commissioner.
(b) Qualifying fee. A non-refundable qualifying fee equal to five (5) percent of the annual
compensation of the office being sought shall be required of each candidate, or, if
say tee to pay the qualifyiRg-fee, - en the candidate shall be required to qualify in
accordance with F.S. § 99.095.
Section 8.03. - Form of ballots.
The form of ballots shall be consistent with state law.
in
the
f0lIGWiAg the
"Yes"
"AIR" with
such question shall appeaF,
GFdeF, W9FEI
and
n n
i
E nir-P or with a lever
"Yeas"
Ar "W p" if GtiR GhiR
used.
opposite
City of Longwood — Ordinance 20-2183
Page 8 of 14
SECTION 12. Amendment #6 Ballot Question. The ballot title and summary of the
charter amendment referenced in Section 11 herein, followed by the words "yes" and "no"
shall be set forth as follows on the ballot at the election held on Tuesday, November 3, 2020,
for consideration by the qualified electors of the City of Longwood, Florida:
PROPOSED CHARTER AMENDMENT
QUESTION #6
CANDIDATE QUALIFYING AND FORM OF BALLOTS
Shall Section 8.02 of the Longwood City Charter be amended to clarify that candidate
qualification for city commission requires a fee of 5% of the annual compensation for
the office or the petition process under F.S. 99.095, and shall Section 8.03 be amended
to require the form of election ballots to be consistent with state law?
YES
SECTION 13. Amendment V. The following amendment to the Charter of the City of
Longwood is submitted to the qualified electors of the City of Longwood and upon approval by
the qualified electors, the City Charter shall be amended to read as follows (words that are
r4° ut are deletions; words that are underlined are additions; stars *** indicate
separations between sections or subsections and do not represent revisions):
Section 10.03. - Prohibitions.
(a) Activities prohibited.
City of Longwood — Ordinance 20-2183
Page 9 of 14
(1) No person shall be appointed to or removed from, or in any way favored or discriminated
against, with respect to any City position or appointive City administrative office because of
age, race or national origin, sex, handicap, or political or religious opinions or affiliations.
(2) No person shall willfully make any false statement, certificate, mark, rating, or report in
regard to any test, certification, or appointment under the personnel provisions of this Charter,
civil service legislation, or the rules and regulations made pursuant to this Charter, or in any
manner commit or attempt to commit any fraud preventing the impartial execution of such
provisions, rules, and regulations.
(3) No person who seeks appointment or promotion with respect to any City position or
appointive City administrative office shall directly or indirectly give, render, or pay any money,
service, or other valuable thing to any person for or in connection with his test, appointment,
proposed appointment, promotion, or proposed promotion.
,
h ldiR any eempeRsated a Rtiye
Gity p sitie
(b) Penalties. ,
,
thi-s see-tieR shall be iReligible f9F a peFied ef five (5) yeaFS thereafter te held aRy Gity effirme er
PGS't' sl if a ff'eeF OF pleyee of the City, shall immediately fGFfait his e4i6e e
pesitiee. Any person who willfully violates any of the provisions of subsections (a)(1) through
(a)(3) shall be punished as prescribed by an ordinance.
......................... 0 N E 0 0 0 ................ ■ ......... a 0 0 E 0 t .............. ■■
SECTION 14. Amendment #7 Ballot Question. The ballot title and summary of the
charter amendment referenced in Section 13 herein, followed by the words "yes" and "no"
shall be set forth as follows on the ballot at the election held on Tuesday, November 3, 2020,
for consideration by the qualified electors of the City of Longwood, Florida:
QUESTION #7
PROHIBITED ACTS
PROPOSED CHARTER AMENDMENT
City of Longwood — Ordinance 20-2183
Page 10 of 14
Shall Section 10.03 of the Longwood City Charter be amended to eliminate an
ambiguous prohibited acts subsection regarding soliciting a subscription or
contribution for any municipal political purpose from persons holding compensated
appointed city positions, and to prescribe penalties for violations of Section 10.03 by
an ordinance.
YES
m
SECTION 15. Amendment #8. The following amendment to the Charter of the City of
Longwood is submitted to the qualified electors of the City of Longwood and upon approval by
the qualified electors, the City Charter shall be amended to read as follows (words that are
`*peGken -eut are deletions; words that are underlined are additions; stars *** indicate
separations between sections or subsections and do not represent revisions):
Section 12.03. - Members.
The police department shall consist of not less than two and two -tenths (2.2) officers per
thousand (1,000) population, e+ and such other members as shall be determined by the City
Commission.
The fire department shall consist of no fewer firefighters than 40, and such other members as
shall be determined by the City Commission existed. ^^ NeveppbeF n, , oo:7.
SECTION 16. Amendment #7 Ballot Question. The ballot title and summary of the
charter amendment referenced in Section 15 herein, followed by the words "yes" and "no"
shall be set forth as follows on the ballot at the election held on Tuesday, November 3, 2020,
for consideration by the qualified electors of the City of Longwood, Florida:
PROPOSED CHARTER AMENDMENT
QUESTION #8
POLICE DEPARTMENT AND FIRE DEPARTMENT
City of Longwood — Ordinance 20-2183
Page 11 of 14
Shall Section 12.03 of the Longwood City Charter be amended to clarify the minimum
police officer requirements for the Police Department and to establish a forty
firefighter minimum for the Fire Department?
YES
NO
SECTION 17. Referendum. The forgoing proposed amendments to the Charter of the
City of Longwood above and its accompanying ballot questions contained herein shall be
individually placed on the City ballot and submitted to the qualified voters of the City of
Longwood at the election held on Tuesday, November 3, 2020. The qualified voters shall have
an opportunity to vote on the proposed amendments to the Charter. Thereafter, the Charter of
the City of Longwood, Florida shall be amended pursuant to the proposed amendments if such
amendments receive "yes" or affirmative votes from the majority of the votes cast. The City
Clerk of the City of Longwood is hereby authorized and directed to advertise the referendum
election authorized herein in accordance with the applicable provisions of the City Charter, City
Code, Florida Statutes, Florida Administrative Code, and federal law. In the event it becomes
necessary, as determined by the City Commission, to make modifications to any ballot
question, ballot summary or to remove a proposed charter amendment from the ballot
contained herein after adoption of this Ordinance, the City Commission may make such
modification by resolution. In the event it becomes necessary, as determined by the City
Commission, to reschedule the referendum on the proposed amendments to the City Charter
set forth herein, the City Commission may make such modification by resolution.
SECTION 18. Codification & Corrections. Any City Charter amendment provided
for in this Ordinance, which receives affirmative votes from the majority of the votes cast shall
be incorporated into the City Charter of the City of Longwood. Any section, paragraph number,
cross references, letter and/or any heading, may be changed or modified in the existing Charter
and the charter amendments proposed herein adopted as necessary to effectuate the
foregoing, including for consistency with other charter amendments adopted. Grammatical,
typographical and similar like errors may be corrected, and additions, alterations, and
omissions not affecting the construction or meaning of this Ordinance or the City Charter may
be freely made.
SECTION 19. Directions to City Staff. The City Manager and City Clerk are directed and
authorized to take such actions as are necessary and advisable to effect and carry out this
Ordinance and the City Charter amendments and referendum provided for herein. If the City
Charter is amended, a copy of the revised City Charter shall be filed with the Department of
State in accordance with Section 166.031(2), Florida Statutes.
City of Longwood — Ordinance 20-2183
Page 12 of 14
SECTION 20. Severability. The provisions of this Ordinance are declared to be
separable and if any section, sentence, clause, or phrase of this Ordinance shall for any reason
be held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining sections, sentences, clauses, or phrases of this Ordinance but they shall remain in
effect, it being the legislative intent that this Ordinance shall stand notwithstanding the
invalidity of any part.
SECTION 21. Conflicts. In the event of a conflict or conflicts between this Ordinance and
other ordinances, this Ordinance shall control to the extent such conflict exists.
SECTION 22. Effective Date of this Ordinance. This Ordinance shall become effective
immediately upon its passage and adoption.
SECTION 23. Effective Date of Proposed Charter Amendment. Any City Charter
amendment provided for herein shall become effective immediately upon approval by the
certified voters of the City of Longwood and certification by the Seminole County Supervisor of
Elections or other appropriate officer or entity. Any proposed amendment that is not
approved by the certified voters of the City of Longwood will not be incorporated into the City
Charter.
FIRST READING: July 20, 2020
SECOND READING: August 3, 2020
PASSED AND ADOPTED THIS 3rd DAY OF August A.D., 2020.
CITY OF LONGWOOD, FLORIDA
Matt Morgan, May
ATTEST:
Michelle g , C M
City Clerk
City of Longwood — Ordinance 20-2183
Page 13 of 14
Approved as to form and legality for the use and reliance of the City of Longwood,
Flo�,only.
Daniel W. La gl Attorney
s:\aka\clients\Iongwood, city of\charter review 1324-22428\charter review committee 2019-2020\ordinance - charter amendments november 2020 referendum 06-18-2020.doc
City of Longwood — Ordinance 20-2183
Page 14 of 14