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Section 5. City Commission.
(1) CITY COMMISSION: COMPOSITION; QUALIFICATIONS FOR OFFICE.

(a) Composition.

1. There shall be a seven-member City Commission, consisting of a Mayor and six Commissioners each elected from and representing the district in which he or she resides, and with the Mayor elected from and representing the City at large regardless of the district in which he or she resides. For purposes of proper interpretation of this Charter, unless the context otherwise requires, the term "Commissioner" shall be construed to include the Mayor.

2. There shall be six districts within the City, the boundaries of which are as outlined in section 9(2), to be designated as District One (1), District Two (2), District Three (3), District Four (4), District Five (5), and District Six (6). The Commissioners elected from and representing these districts shall hold District Seats one to six respectively. The remaining Commission seat shall be designated as the "Mayor's Seat."

(b) Qualifications for office.

1. Each candidate for the office of City Commissioner shall be a qualified elector of the City.

2. Each individual seeking to qualify as a candidate for a district seat on the Commission shall submit a petition supporting his or her candidacy to the City Clerk containing the signatures of at least 100 electors residing within the district which he or she seeks to represent. In lieu of the signature requirement, a candidate may pay a qualifying fee in an amount equal to three percent (3%) of the annual salary of the office sought as provided for by Florida Statute, to be paid by a check drawn on the candidate's campaign account, payable to the City of Deltona.

3. Each individual seeking to qualify as a candidate for Mayor shall submit a petition supporting his or her candidacy to the City Clerk containing the signatures of at least 150 electors residing within the City. In lieu of the signature requirement, a candidate may pay a qualifying fee in an amount equal to three percent (3%) of the annual salary of the office sought as provided for by Florida Statute, to be paid by a check drawn on the candidate's campaign account, payable to the City of Deltona.

4. At the time of qualification, each candidate for a district seat on the Commission shall have resided in the district that he or she seeks to represent for the immediate six (6) months prior to the qualifying date. Candidates for Mayor must have resided in the City for the immediate six (6) months prior to the qualifying date. For the length of their term, Commissioners shall maintain residency within the boundaries of their district and the Mayor shall maintain residency within the boundaries of the City.

If the residence of a Commissioner or Mayor is deemed uninhabitable through an "Act of God" or some other means, the Commissioner or Mayor may temporarily reside outside the district for not more than one year.

5. Additionally, for the initial election, following the referendum approving the creation of the City, candidates for office shall qualify as provided in section 13(3).

(Ord. 30-2008, § 5, 08-18-08/11-04-08)

(2) TERMS OF OFFICE.

The term of office for each Commissioner shall be four (4) years. Term of office for each Commission shall be 4 years except that, in order to provide for staggering of terms, the initial term of office for District Seats One, Three, Five and the Mayor's Seat shall be for 2 years. Neither the Mayor nor any other Commissioner may serve more than two successive 4-year terms in the same seat. Each Commissioner shall remain in office until his or her successor is elected and assumes the duties of the position at the first meeting of the new Commission which shall be held on the first Monday following the regularly scheduled general election.

(3) POWERS AND DUTIES OF COMMISSION.

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

(4) THE MAYOR: POWERS AND DUTIES.

(a) Powers. There shall be a Mayor who shall be elected at large and who shall have the same legislative powers and duties as any other Commissioner, except as herein provided.

(b) Duties. In addition to his or her regular powers and duties, the Mayor shall preside at the meetings of the Commission, sign or execute ordinances, and be recognized as the ceremonial head of the City government. 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 Commission, consistent with general or special law.

(5) THE VICE MAYOR: ELECTION AND DUTIES.

(a) Election. There shall be a Vice Mayor elected annually by the Commission from among the Commissioners. Such election shall take place at the first meeting after the general election.

(b) Duties. The Vice Mayor shall have the same legislative powers and duties as any other Commissioner, except that he or she shall serve as Acting Mayor during the absence or disability of the Mayor, and during such period, shall have the same duties as provided for in paragraph (4)(b). In the absence of the Mayor and Vice Mayor, the remaining Commissioners shall select a Commissioner to serve as Acting Mayor.

(6) COMPENSATION AND EXPENSES.

(a) Compensation. The Mayor and members of the City Commission shall receive annual compensation, payable bi-weekly, equivalent to average annual salary of the Mayor and Commissioners in the cities within Volusia County. Said compensation shall not include benefits, except medical benefits under the City's group health insurance plan, the premium costs of which shall be fully paid by the members of Commission who elect coverage. Said compensation shall be identified as a line item within the annual budget and shall be automatically adjusted every two years coincident with adoption of the annual budget.

(b) Expenses. The Commission may provide for reimbursement of actual expenses incurred by its members while performing their official duties.

(7) VACANCIES, FORFEITURE OF OFFICE; SUSPENSION; FILLING OF VACANCIES.

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

(b) Forfeiture of office. A Commissioner shall forfeit his or her office upon determination by the Commission, acting as a body, 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 of guilt has been 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 Commission meetings without being excused by the Commission.

(c) Suspension from office. A Commissioner shall be suspended from office by the Commission acting as a body upon return of an indictment or issuance of information charging the Commissioner with any crime which is punishable as a felony or with any crime arising out of his or her official conduct or duties which is punishable as a misdemeanor. Pursuant thereto:

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

2. If the Commissioner is subsequently found not guilty of the charge, or if the charge is otherwise dismissed or altered in such manner that suspension would no longer be required as provided herein, the suspension shall be lifted by the Commission, and the Commissioner 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 at the next regularly scheduled City election and assumes the duties of his or her office. The Commission shall fill the Commissioner's seat temporarily vacated by the Vice Mayor by appointment as herein provided.

2. If any vacancy occurs in the office of any Commissioner other than the Mayor and the remainder of the unexpired term is less than 2 years, the remaining Commissioners 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 exceeds 2 years, the remaining Commissioners 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 Commission is required to meet the qualifications of the seat to which he or she is appointed, except the petition requirement.

(8) CITY COMMISSION MEETINGS.

The Commission shall meet regularly at least once a month, at such times and places as the Commission may prescribe. Such meetings shall be public meetings, and shall be subject to notice and other requirements of law applicable to public meetings. Pursuant thereto:

(a) The first meeting following a general City election at which elected or reelected Commissioners are inducted into office shall be held on the first Monday following such election.

(b) A majority of the Commission shall constitute a quorum. No action of the Commission shall be valid unless adopted by an affirmative vote of the majority of the Commissioners in attendance, unless otherwise provided by law or stated herein. All actions of the City Commission shall be by ordinance, resolution, or motion.

(c) 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 Commissioners. The City Clerk shall provide not less than 12 hours' prior notice of the meeting to the public, where practical.

(9) CITY RECORDS.

The Commission 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 Commission, and the same shall at all times be a public record. The Commission shall further maintain a current codification of all ordinances. Such codification shall be printed and be made available to the public on a continuing basis. All ordinances or resolutions of the Commission shall be signed by the Mayor or by the Vice Mayor in the Mayor's absence, or by the Acting Mayor in the case of the absence or disability of the Mayor and Vice Mayor, and attested to by the City Clerk.

(10) LIMITATION OF EMPLOYMENT OF COMMISSIONERS.

No Commissioner shall be in the employment of the City while in office, nor shall any former Commissioner be employed by the City until after the expiration of 1 year from the time of leaving office.

(11) NONINTERFERENCE BY CITY COMMISSION.

Except for the purpose of inquiry and information, the Commission and its members, including committees thereof, are expressly prohibited from interfering with the performance of the duties of any City employee who is under the direct or indirect supervision of the City Manager or City Attorney. Such action shall be malfeasance within the meaning of Florida Statutes.


Red text indicates new language as approved by Deltona voters at the General Election held on November 4, 2008 ( 5 of 8 proposed Charter amendments approved by the voters).


 
 
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