CITY OF PENSACOLA

FINAL
REPORT/REVISED CHARTER

CHARTER REVIEW COMMISSION

CHARTER REVIEW COMMISSION
19,2009
AUGUST19,2009
AUGUST
(AND AS CORRECTED
(AND CORRECTED AND
AND CIRCULATED
CIRCULATED 13Y
BY
THE CITY
BY THE CITY ATTORNEY'S
ATTORNEY'S OFFICE
OFFICE ON
ON
SEPTEMBER
SEPTEMBER 9, 2009
9,2009
 CHARTER
CHARTER FOR CITYOF
THE CITY
FOR THE PENSACOLA
OF PENSACOLA

TABLE OF CONTENTS
TABLE OF CONTENTS

Preamble
Preamble

Article I
Article
General
General Powers
Powers ofof the
the City
City

Section 1.0
Section 1 . General
1.0 1. General Powers and Corporate
Powers and Existence . . . . . . . . . . . . . . . . . . . . . 6
Corporate Existence
Section
Section 1.02. Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. .
1.02. Construction
Section
Section 1.03.
1.03. Intergovernmental
Intergovernmental Relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.
Relations

Article I1
Article II
Corporate
Corporate Boundaries
Boundaries

Section 2.0 11.. Corporate

Section 2.0 Boundaries . . . . . . . . . . . . . . . . . . .
Corporate Boundaries 6

Article
Article I11
III
Elected
Elected City Positions
City Positions

Section 3.0 1 . Form

Section 3.01. Form ofof Government
Government. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 3.02.
Section 3.02. Election Terms. . . . . . . . . . . . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... 7
and Terms
Election and
Section 3.03. Limitations
Section 3.03. Limitations ofof Terms
Terms for for Mayor
Mayor and Council Members;
and Council Members;
Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7.
Effective Date
Effective
(a)
(a) Mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Mayor
(b)
(b) City
City Council Members. . . . . . . . . . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... 7
Council Members

Article IV
Article
Mayor
Mayor and
and City
City Council
Council

Section4.01.
Section 4.0 1. Mayor . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Mayor.
(a)
(a) Powers
Powers and Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7.
and Duties
(b)
(b) Vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.
Vacancy
(c)
(c) Compensation . .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. . . . . . . . .. .. .. .. .. .. .. .. .. .. ....... . 9.
Compensation.
Section 4.02.
Section 4.02. Council . . .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. . . . . . . . .. .. .. .. .. .. .. .. ... . .9
City Council.
City
(a)
(a) Powers and
Powers Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.
and Duties
(b) Vacancies. . . .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . . . . . .. .. .. .. .. .. ... . .10
Vacancies 10
(c)
(c) Compensation. . .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. . . . . . . . . . .. .. .. .. .. .. .. ... . . 10
Compensation 10
Section 4.03.
Section 4.03. City Council
City Procedures . . .. .. .. .. .. .. .. .. .. .. .. .. .. ..... .. .. .. .. .. .. .. .. .. .. .. .. . ... . . 10
Council Procedures. 10
(a)
(a) Meetings. . . .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . . . . . . .. .. .. .. .. .. ... . . 10
Meetings 10
(b) Rules
Rules and Minutes. . . .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. . . . . . . . . .. ... . .10
and Minutes 10
(c)
(c) Voting
Voting and Quorum. . . . . . . .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... . 10
and Quorum 10
(d)
(d) Veto Override . . . .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. . .. . . . . . . . . ... . . 10
Veto Override. 10
(e)
(e) President, Vice
President, Vice President
President of of City
City Council
Council. . . . . .. .. .. .. .. .. .. .. .. .. .. .. ... . 10 10
Section 4.04.
Section 4.04. Prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Prohibitions 11

2
 (a)
(a) Appointment and
Appointment Removal . .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... . . . 11
and Removal. 11
(b)
(b) Interference with
Interference with Administration. . . . . . . . . . . . . .
Administration . . . . . . . . . . . . . . . . . . . . . . . .. 11 . . . . . . . . . . . . . 11
(c)
(c) I-Iolding other
Holding Office . .. .. .. .. .. .. .. .. .. .. .. ....... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... . . 11
other Office. 11

Article V
Article V
Appointed
Appointed City Positions City Positions
Section 5.01.
Section 5.01. Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 12
City Clerk
City 12
Section 5.02.
Section 5.02. City Administrator
City Administrator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 12
12
Section 5.03.
Section 5.03. City Attorney
City Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
12
Section 5.04.
Section 5.04. Departments
Departments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 12
Section 5.05.
Section 5.05. City Boards,
City Boards, Commissions
Commissions and Authorities . . . . . . . . . . . . . . . . . .. 12
and Authorities 12
(a)
(a) Establishment
Establishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 12 12
(b)
(b) Membership and
Membership Removal . . . . . . ~. . . . . . . . . . . . . . . . . . . . . . . . .. . 12
and Removal. 12

VI
Article VI
Article
Elections
Elections
Section 6.01.
Section 6.01. Nonpartisan Elections
Nonpartisan Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13
Section 6.02.
Section 6.02. l<lectors. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... 13
Electors. 13
Section 6.03.
Section 6.03. Qualifications.
Qualifications, Eligibility.
Eligibility, and Filing Fee and Filing Fee . . . . . . . . . . . . . . . . . . . . . 13
13
(a)
(a) Qualifications and
Qualifications Eligibility . .. .. ... .. .. .. .. .. .. .... . .. . . . . . . . . . . . . . . . .13
and Eligibility. 13
(b)
(b) FilingFee . . . . . .
Filing Fee. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
13
Section 6.04.
Section 6.04. Elections Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Elections Procedures .13
(4
(a) General and Primary Elections . . . . . . . .
General and Primary Elections. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 . . . . . . . . . . . . . . . . . . . . . 13
(b)
(b) Appointments by
Appointments by Supervisor
Supervisor of Elections . . . . . . . . . . . . . . . . . . . . .13
of Elections 13
(4
(c) Notice of Elections . . . . . . . . . . . . . . . . . . .
Notice of Elections. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 . . . . . . . . . . . . . . . . . . . 14
(dl
(d) One Candidate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
Onecandidate .
14
(e)
(e) Canvassing Board . . . . . . . . . . . . . . . . . . . .
Canvassing Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14. . . . . . . . . . . . . . . . . . . 14
(I) Ballots . .. .. ..... .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... . .14
(0
Ballots. 14

Section 6.05.
Section 6.05. Candidate Qualifying
Candidate Qualifying Oath Oath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 14
(a)
(a) Qualifying Oath
Qualifying Affirmation .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... . . 14
Oath oror Affirmation. 14
(b)
(b) Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14. . . . . . . .14

Section 6.06.
Section 6.06. Alternative
Alternative toto Qualifying
Qualifying Fee Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 14
(a)
(a) Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
Petition Process
Petition .
14
(b)
(b) Petition Forms
Petition Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
14
(c)
(c) Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
Valid Signatures
Valid .
14
(d)
(d) Verifying Names
Verifying Names . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15.
15

Section 6.07.
Section 6.07. Commencement
CommencementofofTerm
TermofofOffice
Office . . . . . . . . . . . . . . . . . . . . . . . . . .15
15

Section6.08.
Section 6.08. Council Districts .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .... . 16
Council Districts. .16
(a)
(a) Number of Districts
Number of Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16.
16
(b)
(b) DistrictingCommission;
Districting Commission;Composition; Composition;Appointment; Appointment;Terms; Terms;
Vacancies; Compensation
Vacancies; Compensation. .. . . . . . . . . . . . . . . . . . . . . . .. .. .. ..... .. .... . . 16
. . . . . . . . . . . . . . . . . . . . . 16

3
 (c)
(c) Powers
Powers andand Duties
Duties of
of the
the Commission;
Commission; Hearings, ].learings. Submissions Submissions
and
and Approval
Approval of Plan. . . . . . . . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
of Plan 16
16
(d)
(d) Districting Plan;
Districting Criteria . . .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. . . . . . . . .. .. .. .
Plan; Criteria. 17
17
(c)
(e) Ixffect
Effect of Enactment . . . . . . . . . . . . . . . .. . . . .. .. . .. .. .. .. .. .. .. .. .. .. .. .. ..
of Enactment. 18

Article
Article VII VII
Recall.
Recall, Initiative.
Initiative, and and Referendum
Referendum
Section
Section 7.01.
7.01. Recall
Recall. . . . . . . . . . . . .
. . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18
Section
Section 7.02.
7.02. Power of
Power Initiative . .. .. .. .. .. .. .. .. .. .. .. ..... .. .. .. .. .. .. .. .. .. . . . . . . .. .. .. .. .. .. ... . . 18
of Initiative. 18
Section
Section 7.03.
7.03. Power of
Power Referendum . . . .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ........... .... . 18
of Referendum. 18
Section
Section 7.04.
7.04. Commencement of
Commencement Proceedings . . . .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. . . . . ... . . 18
of Proceedings. 18
Section
Section 7.05.
7.05. Initiative or
Initiative or Referendum
Referendum Petitions. Petitions . . .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .... . 18 18
(a) Number and
Number and Signatures.
Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . 18 18
(b) Form
Form and Content . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .... . 19
and Content. 19
(c) Statement
Statement of Circulator. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .... . 19
of Circulator 19
(d) Filing Deadline. . . . . . . . . . . . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ....
Filing Deadline 19
19
Section 7.06.
Section 7.06. Verification of
Verification Petitions. . . . .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .... . 19
of Petitions 19
Section 7.07.
Section 7.07. Action on
Action on Petitions.
Petitions . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. .. . . . .. .. .. ... . 19 19
(a) Action by
Action by City Council . . . . . . . . . . . . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .... 19
City Council. 19
(b) Submission to
Submission to Electors
Electors. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. .. .. .. .... 20 20
(c) Withdrawal of
Withdrawal Petitions . . . . . . . . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... 20
of Petitions. 20
Section
Section 7.08.
7.08. Results . . . . . . .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... . 20
Election Results.
Election 20
(a) Initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
Initiative 20
(b)
(b) Referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
Referendum .
20

Article
Article VIII VIII
Charter
Charter Review
Review and and Charter
Charter Amendments Amendments
Section 8.01.1 . Charter
Section 8.0 Charter Review
Review CommissionCommission. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..... .. .. .. .. .. .. .. .. .. .... . 20 20
(a)
(a) Charter
Charter Review
Review Commission
Commission Established
Established. . . .
. .
. .. .. .. .. .. .. .. .. . . . . . . . . . .. .. . 20
20
(b)
(b) Composition . .. .. .. .. .. .. .. .. .. .. ..... .. .. .. .. .. .. .. .. .. . . . . . . .. .. .. .. .. .. .. .. .. .. .. ... . . 20
Composition. 20
(c)
(c) Procedures
Procedures. . .. .. .
. .
. .
. .
. .. .. .. .. .. .. .. . . . . . . . .. .. .. .. .. .. .. .. .
. .
. . . . . . . . . .
. .
. .. .. .. .. .
.. . . 20
20
(d)
(dl Rules and
Rules Compensation . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .... . 21
and Compensation.
(e)
(el Expenses
Expenses. . .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. . . . . . .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .... . . 21
(f)
(f) Review . . . .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. . . . . . . . . .. .. .. .. .. .. .. .. .. .. ..... .. .... . .21
Review.
(g)
(6) Report and Process. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . . ... . . 21
ReportandProcess
Section
Section 8.02. Amendments. . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .... . 21
CharterAmendments
8.02. Charter
(a)
(a) Initiation Ordinance. . .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. . . . . . .. ... . . 21
Initiation by Ordinance
(b)
(b) Initiation
Initiation by
by Petition. . . .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . . . ... . . 21
Petition
(c)
(c) Consistency . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... ....... . 21
Consistency.

Article IX
Article
Miscellaneous
Miscellaneous
Section 9.01.
Section 9.01. Code
Code of Ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
of Ethics. 22

4
 Article
Article X
Schedule
Schedule

Section
Section 10.0 1 . Effective
10.01. Date. . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... . 22
Effective Date
Section
Section 10.02. Ordinances Preserved
10.02. Ordinances Preserved. . . . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... . 22
Section
Section 10.03.
10.03. Repeal
Repeal ofof Former
Former Charter Charter Provisions Provisions. . . . . . . . . . . . . . . . . . . . . . ... . 22
Section
Section 10.04. Precedence over Code Provisions . . .. .. .. .. .. .. .. .. .. .. ..... .. .. .. .. .. .. .. .. . ... . . 22
10.04. Precedence over Code Provisions.
Section
Section 10.05.
10.05. Officers
Officers and Employees. . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. . . ... . . 22
and Employees
Section
Section 10.06.
10.06. Existing
Existing Rights, Obligations, Duties
Rights, Obligations, Duties and Relationships. . . . . . . . .
and Relationships 23
(a)
(a) Continuity . . .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. . . . . . . . .. .. .. .. .. .. .. .. .. .. ... . . 23
Continuity.
(b)
(b) Obligations . . .. .. .. .. .. .. .. .. .. .. ..... .. .. .. .. .. .. .. .. . . . . . . . . . .. .. .. .. .. .. .. .. ..... . . 23
Obligations.
(c)
(c) Other Government
Other Government Units. Units . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... . 23
(d)
(d) Commencement
Commencement of
of Terms for
Terms for YearYear 2010 Elections. . . . . . . . . . . .... 23
201 0 Elections
Section
Section 10.07. Transition. . . . .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. . . . . . . . . .. .. .. .. .. .. .. .. .. .. ... . . 23
10.07. Transition
Section 10.08.
Section 10.08. Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Severability..........................................

5
 CHARTER
CHARTER FOR THE CITY
FOR THE OF PENSACOLA
CITY OF PENSACOLA

PREAMBLE
PREAMBLE

We the people
people of the City of Pensacola,
Pensacola, under
under the Constitution
Constitution and laws
laws of the State
State of
Florida,
Florida, in order
order to secure
secure the benefits
benefits of local self-government
self-government and to provide
provide for an honest,
honest,
effective,
effective, and accountable
accountable Mayor-Council
Mayor-Council government,
government, do hereby
hereby adopt
adopt this
this charter
charter and confer
confer
upon the City the following
following powers,
powers, subject
subject to the following
following restrictions,
restrictions, and prescribed
prescribed by the
following
following procedures
procedures and governmental
governmental structure.
structure. By thisthis action,
action, we secure
secure the benefits
benefits of home
rule and affirm
affirm the values
values of representative
representative democracy,
democracy, professional
professional management,
management, strong
strong
political
political leadership,
leadership, citizen
citizen participation,
participation, and regional
regional cooperation.
cooperation.

ARTICLE
ARTICLE I
GENERAL POWERS
GENERAL POWERS OF
OF THE CITY
THE CITY

Section General Powers

Section 1.01. General Powers and
and Corporate
Corporate Existence.
Existence.
-
1 he City of Pensacola
The ("City"), located
Pensacola ("City"), located in Escambia
Escambia County,
County, Florida,
Florida, shall
shall have
have all
governmental, corporate,
governmental, corporate, and proprietary
proprietary powers
powers to enable
enable it to conduct
conduct municipal
municipal government,
government,
perform municipal
perform municipal functions
functions and
and render
render municipal
municipal services,
services, and may
may exercise
exercise any power
power for
municipal purposes
municipal purposes except
except when
when expressly
expressly prohibited
prohibited by law.
law.

Section 1.02. Construction.

Section 1.02. Construction.

The powers
powers of the City under
under this
this Charter
Charter shall
shall be construed
construed liberally
liberally in favor
favor of the City,
City,
and the specific
specific mention
mention of particular
particular powers
powers in the Charter
Charter shall
shall not be construed
construed as limiting
limiting in
any way the general
general power
power granted
granted in this
this Article.
Article.

Section 1.03.
Section Intergovernmental Relations.
1.03. Intergovernmental Relations.

The City may participate

participate by contract
contract or otherwise
otherwise with any governmental
governmental entity
entity of the
State
State of Florida
Florida or any other
other state
state or states
states or the United
United States
States of America
America in the performance
performance of
any activity
activity which
which one
one or more
more of such
such entities
entities has
has the authority
authority to undertake.
undertake.

ARTICLE
ARTICLE I1
II
CORPORATE BOUNDARIES
CORPORATE BOUNDARIES

Section 2.01.
Section Corporate Boundaries.
2.01. Corporate Boundaries.

The corporate boundaries

The corporate boundaries of the City of Pensacola
Pensacola shall
shall remain
remain fixed
fixed and established
established as
exist on the date
they exist date this
this Charter
Charter takes
takes effect,
effect, provided
provided that the City shall
shall have
have the power
power to
change its boundaries
change boundaries in the
the manner
manner prescribed
prescribed by law.

6
 ARTICLE 111
ARTICLE III
ELECTED
ELECTED CITY POSITIONS
CITY POSITIONS

Section 3.01. Form

Section 3.01. Form of Government.
Government.

The City shall

shall have a Mayor-Council
Mayor-Council form of government.
government. ThereThere shall
shall be a City Council,
Council,
which
which shall
shall be the governing body of the City
governing body legislative powers
City with all legislative powers of the City vested
vested
therein,
therein, consisting nine (9) Council
consisting of nine Council Members,
Members, oneone (1) to be elected from each
elected from each of the seven
seven (7)
election districts
election districts of the City, and two Council Members elected large
City, and two Council Members elected at large ("A" and "B"). There
There
shall
shall also
also be a Mayor
Mayor who
who is elected
elected at large
large and who shall
shall not be a member
member of City Council.
Council.

Section 3.02. Election

Section 3.02. Election and
and Terms.
Terms.

nonpartisan primary
The nonpartisan primary and general
general election
election of the
the Council
Council Members
Members and the Mayor
Mayor
shall
shall be held in the manner
manner provided Article VI ofthis
provided in Article of this Charter
Charter and the terms
terms of office
office for
Mayor
Mayor and Council
Council Members
Members shall
shall be four
four (4) years
years and will commence
commence on the fourth
fourth Tuesday
Tuesday in
November
November after
after his or her election
election at 12 o'clock
o'clock noon.
noon.

The elections for Council

The base year for elections Council Members districts 2, 4, 6, one at-large
Members for districts Council
at-large Council
Member ("A"), and the Mayor
Member Mayor shall
shall be 2010,
2010, and shall
shall be for a four-year
four-year term.
term. The
The base year for
elections for Council
elections Council Members
Members for districts
districts I,
1, 3, 5, 7, and one
one at-large
at-large Council
Council Member
Member ("B")
shall be 2012
shall 2012 and shall
shall be for a four-year
four-year term.
term. l'hese
These base year dates are established
dates are only for
established only
the purpose
purpose of scheduling
scheduling elections
elections and staggering
staggering terms,
terms, and do not impact
impact the term limit
requirements
requirements of Section
Section 3.03.
3.03. Council
Council Members
Members for districts
districts 1, 3, 5 , 7, and one at-large
1,3,5, at-large Council
Council
Member
Member ("B") elected
elected in 201
20100 shall
shall serve
serve a two-year
two-year term.
term. Terms
Terms served
served by the Mayor
Mayor or a
Council Member
Council Member immediately
immediately preceding
preceding the base
base year dates
dates shall
shall not be counted
counted in applying
applying
Section 3.03.
Section 3.03.

Section 3.03.
Section 3.03. Limitations
Limitations of Terms
Terms for
for Mayor
Mayor and
and Council
Council Members;
Members; Effective
Effective Date.
Date.

(a) Mayor. No person

(a) Mayor. person shall elected to serve
shall be elected serve as Mayor
Mayor for more
more than three consecutive
than three consecutive
terms
terms on and after
after the general
general election
election in November
November 2010.
20 I O.

(b) City
(b) City Council Menzbers. No person
Council Members. person shall
shall be elected
elected to serve
serve as a Council
Council Member
Member for
districts 1,
districts 1,3,5,7, at-large ("B") for more
3, 5, 7, and at-large more than three
three consecutive
consecutive terms
terms on and after
after the
general
general election November 2012.
election in November person shall
2012. No person shall be elected
elected to serve
serve as a Council
Council Member
Member
districts 2, 4, 6, and at-large
for districts at-large ("A") for more
more than three consecutive terms
three consecutive terms on and after the
general
general election
election in November
November 20 10.
2010.

ARTICLE IV
ARTICLE
MAYOR AND
MAYOR AND CITY COUNCIL
CITY COUNCIL

Section
Section 4.01.
4.01. Mayor.
Mayor.

(a) Powers and

(a) Powers and Duties.
Duties. The
The Mayor, who shall
Mayor, who shall serve
serve in a full-time
full-time capacity,
capacity, and shall
shall
exemplify
exemplify good citizenship
citizenship and exhibit
exhibit a cooperative
cooperative spirit,
spirit, shall have the following
shall have following powers
powers and
duties:
duties:

7
 (1) To exercise
exercise the executive
executive powers
powers of the City supervise all departments,
City and supervise departments,
including, but not limited
including, limited to, the
the power
power to appoint,
appoint, discipline,
discipline, and remove
remove all officers
officers and
employees, unless otherwise
employees, unless otherwise provided
provided in this
this Charter.
Charter.

enforce the charter

(2) To enforce charter and ordinances City and all applicable
ordinances of the City applicable County,
County,
State, or federal
State, federal general
general laws,
laws, special
special laws
laws or ordinances.
ordinances.

(3) To present
present recommendations
recommendations to the City Council
Council on the requirements
requirements of its
municipal government.
municipal government.

(4) To appoint
appoint a City
City Administrator,
Administrator, who
who shall
shall serve
serve at the pleasure
pleasure of the
Mayor.
Mayor.

appoint a City
(5) To appoint City Attorney,
Attorney, with the consent
consent of the City Council
Council by an
affirmative
affirmative vote of a majority
majority of City
City Council
Council members, who may
members, and who may be removed
removed by the Mayor
Mayor
with the consent
consent of the City
City Council
Council by an affirmative vote of a majority
affirmative vote majority ofthe
of the City Council
Council
Members.
Members.

(6) To appoint
appoint the City
City Clerk,
Clerk, with the consent
consent of the City
City Council
Council by an
affirmative
affirmative vote of a majority
majority of the City
City Council
Council Members,
Members, and who
who may
may be removed
removed by the
Mayor
Mayor with the consent
consent of the City Council
Council by an affirmative
affirmative vote
vote of a majority
majority of the City
Council
Council Members.
Members.

(7) To appoint
appoint the head department, with the consent
head of each department, consent of the City Council
Council
affirmative vote
by an affirmative vote of a majority
majority of City
City Council
Council Members.
Members.

(8) To suspend,
suspend, discipline,
discipline, or remove
remove a department
department head with or without
without cause,
cause,
and without
without the consent Council Members,
consent of City Council Members, unless
unless otherwise
otherwise provided
provided for in this Charter.
this Charter.

(9) To prepare
prepare and submit
submit the
the annual budget and capital
annual budget program to the City
capital program
Council.
Council.

(10) exercise a veto

(10) To exercise veto power
powcr over
over ordinances
ordinances and resolutions
resolutions adopted
adopted by City
Council within
Council within five (5) days
days of adoption Council, except
adoption by City Council, except the Mayor
Mayor may not exercise
exercise
veto power
power over
over (i) an emergency
emergency ordinance
ordinance as defined
defined in Florida Statutes;
Florida Statutes; (ii) those ordinances
those ordinances
adopted
adopted as a result
result of quasi-judicial
quasi-judicial proceedings
proceedings when
when such
such proceedings
proceedings are mandated
mandated by law;
law;
and (iii)
(iii) ordinances
ordinances proposing
proposing Charter
Charter amendments,
amendments, which
which the Council
Council is required
required by law or by
this
this Charter
Charter to place
place on the
the ballot.
ballot. The
The Mayor
Mayor may veto
veto any "line
"line item"
item" in a budget
budget or
appropriation
appropriation ordinance
ordinance or resolution
resolution within
within five
five (5) days
days of adoption
adoption by City Council.
Council. A veto
overridden only
may be overridden only by an affirmative
affirmative vote
vote of at least
least six (6) Council
Council Members.
Members.

(1 1) To attend
(11) attend all meetings
meetings of the City
City Council
Council with authority
authority to participate
participate in
discussions,
discussions, but without
without power
power to vote.
vote.

(12)
(12) To submit
submit to the City Council
Council and make
makc available
available to the public
public a complete
complete
report
report of the finances
finances and administrative
administrative activities
acti::ities of the City at the end of each
each fiscal
fiscal year.
year.

8
 (1 3) To
(13) To keep
keep the
the City
City Council
Council fully
fully advised
advised as
as to
to the
the financial
financial condition
condition and
and
future
future needs
needs of
of the
the City.
City.

(14) To devote
(14) To devote his
his or
or her
her entire work time
entire work time toto the
the performance
performance of
of the
the duties
duties of
of the
the
Mayor's office,
Mayor's office, and
and shall hold no
shall hold no other
other elected
elected public
public office
office while
while Mayor.
Mayor.

(1
(15)5) To
To determine,
determine, consistent
consistent with
with this Charter, the
this Charter, the organization
organization of
of the
the City
City
government
government and
and the
the power
power and
and duties
duties assigned
assigned to the
the various
various departments.
departments.

Vacancy.
(b) Vncnt~cy.

(1) Vacancy
(1) caused by
Vacancy caused by death,
death, rcsignation,
resignation, refusal
refusal of
of the
the Mayor
Mayor to to serve,
serve, removal,
removal,
or
or for
for any
any other
other reason,
reason, shall
shall bebe filled
filled by the
the Prcsident
President of of City
City Council
Council as as Acting
Acting Mayor,
Mayor, whowho
shall serve until successor is appointed and sworn in. City Council shall fill the vacancy by a
shall serve until a successor is appointed and sworn in. City Council shall fill the vacancy
majority
majority vote,
vote, and
and such
such vacancy
vacancy shall shall be filled within
be filled within thirty
thirty (30)
(30) days
days after
after the
the vacancy occurs.
vacancy occurs.
The
The appointed Mayor shall
appointed Mayor serve the
shall serve the unexpired
unexpired termterm of
of the
the previous
previous Mayor
Mayor unless
unless the
the uncxpired
unexpired
term
term ofof the
the previous
previous Mayor
Mayor is twenty-eight
twenty-eight (28)(28) months
months or or longer.
longer. If the
the unexpired
unexpired term term is
twenty-eight
twenty-eight (28)(28) months
months or or longer,
longer, a person
person shall
shall be
be elected
elected at the
the next
next general
general election
election to fill
fill
the unexpired
the unexpired portion
portion ofof such
such term.
term.

(2)
(2) The
The Mayor
Mayor appointed
appointed by the
the Council
Council must
must meet
meet the
the qualifications
qualifications for
for office
office
as
as set
set forth
forth in 6.03
6.03 of
of this
this Charter
Charter at the
the time
time of
of appointment.
appointment.

(c) Compensation.
(c) Compensation. The salary compensation
The salary compensation of of the
the Mayor
Mayor shall be set
shall be set by ordinance,
ordinance,
which shall take effect upon the mayor assuming office following the next Mayoral election.
which shall take effect upon the mayor assuming office following the next Mayoral election.

Section 4.02.
Section City Council.
4.02. City Council.

Powers and
a ) Powers
((a) Duties. City
nnd Duties. Council Members
City Council Members shall
shall exemplify
exemplify good
good citizenship
citizenship and
and
exhibit a cooperative
exhibit cooperative spirit.
spirit. The
The City
City Council
Council shall
shall have
have the
the following
following powers
powers and
and duties:
duties:

(1) To
(I) To legislate
legislate for
for the
the City
City by
by adopting
adopting ordinances
ordinances and
and resolutions
resolutions in the
the best
best
interest
interest of
of all
all citizens
citizens of
of the
the City.
City.

(2) To adopt
(2) To adopt the
the annual budget and
annual budget and all
all other appropriations necessary
other appropriations necessary for
for
efficient City government.
efficient City government.

(3) To
(3) inquire into
To inquire into the
the conduct
conduct of of any
any municipal
municipal office,
office, department,
department, agency
agency or
or
officer
officer and to investigate
and to municipal affairs,
investigate municipal affairs, and
and for
for that
that purpose,
purpose, may
may subpoena
subpoena witnesses,
witnesses,
administer
administer oaths and compel
oaths and compel the
the production
production of of books, papers, or
books, papers, or other
other cvidence.
evidence.

To override
(4) To
(4) override the
the Mayor's
Mayor's veto
veto of
of an ordinance or
an ordinance or resolution
resolution by an
an affirmative
affirmative
vote of at least
vote of least six
six (6)
(6) Council
Council Members.
Members.

(5)
(5) l'o devote such
To devote such time
time as
as is necessary
necessary to the
the performance
performance ofof City
City Council
Council
duties,
duties, and
and shall
shall hold
hold no
no other
other elected
elected public
public office
office or
or be an
an employee
employee of
of the
the City
City while
while a City
City
Council
Council Member.
Member.

9
 Vacancies.
( b ) Vacancies.
(b)

(1) If a vacancy
vacancy on the Council
Council caused
caused by death,
death, resignation,
resignation, refusal
refus~l of any
Council
Council Member
Member to serve,
serve, removal
removal of any Council
Council Member, moving of a Council
Member, the moving Council Member
Member
from the district
district from which
which the Council
Council Member
Member is elected,
elected, or for any other reason, the vacancy
other reason, vacancy
shall
shall be filled for the unexpired
unexpired term of the vacated
vacated seat by a majority
majority vote of the remaining
ofthe remaining
Council
Council Members,
Members, and suchsuch vacancies
vacancies shall be filled
filled within
within thirty (30) days
thirty (30) days after
after the
the vacancy
vacancy
occurs.
occurs. The appointed
appointed Council
Council Member
Member shall
shall serve
serve the unexpired
unexpired term of the the previous
previous Council
Council
Member
Member unless
unless the unexpired
unexpired term
term of the previous
previous Council
Council Member
Member is twenty-eight
twenty-eight (28)
(28) months
months
or longer.
longer. If the unexpired
unexpired term
term is twenty-eight (28) months longer, person shall
twenty-eight (28) months or longer, a person shall be elected
elected
general election
at the next general election to fill the unexpired
unexpired portion
portion of such
such term.
term.

(2) The
The Council Member appointed
Council Member appointed by the Council
Council must
must meet the qualifications
qualifications
for office
office as set forth 6.03 of this
forth in 6.03 Charter at the
this Charter the time
time of appointment.
appointment.

(c) Compensation. The

(c) Compensation. The salary compensation of Council
salary compensation Council Members
Members shall
shall be set by
ordinance, which shall
ordinance, which take effect
shall take effect upon
upon the Council
Council Member
Member assuming
assuming office
office following
following the
the next
next
Council election.
Council election.

Section 4.03. City

Section 4.03. Council Procedures.
City Council Procedures.

(a) Meetings.
(a) Meetings. The
The City Council
Council shall
shall meet
meet regularly
regularly at least once
once every
every month
month at such
such
times
times and places
places as the City
City Council
Council may prescribe.
prescribe. Special
Special meetings
meetings may be held on the call of
Council president
the City Council president or the
the Mayor
Mayor or at the
the request
request of three
three (3)
(3) of the Council
the City Council
Members to the City Clerk
Members Clerk and,
and, whenever
whenever practicable,
practicable, upon no less than twelve
twelve (12)
(1 2) hours
hours notice
notice
to each Council Member and the public,
Council Member such shorter
public, or such shorter time
time as the City Council
Council president,
president,
Mayor, or three
Mayor, three (3) City Council
Council Members
Members deems
deems necessary
necessary in the event
event of an emergency.
emergency.

Rules and
( b ) Rules
(b) and Minutes.
Minutes. The
The City
City Council
Council shall
shall determine
determine its own
own rules
rules of procedure
procedure and
order of business,
order business, and shall
shall keep
keep minutes
minutes of its proceedings
proceedings that shall
shall be open
open for public
public
inspection. The
inspection. The City
City Council
Council shall
shall establish
establish procedures
procedures for making
making copies
copies of all resolutions,
resolutions,
ordinances, and this
ordinances, this Charter
Charter available
available to the
the public
public for inspection
inspection and for purchase
purchase at a
reasonable price,
reasonable price, in conjunction
conjunction with the requirements Florida law.
requirements of Florida

(c) Voting and Quorum.

(c) Voting Voting on ordinances
Quorum. Voting resolutions shall
ordinances and resolutions shall be by electronic
electronic
tally devices,
devices, or by such
such other means as may
other means may be adopted
adopted by the City
City Council. The City Clerk
Council. The Clerk
Reports of Council
Reports Action shall
Council Action shall be written
written and permanently
permanently recorded.
recorded. A majority
majority of the existing
existing
membership
membership of City Council
Council shall
shall constitute
constitute a quorum;
quorum; but a smaller
smaller number
number may
may adjourn
adjourn from
time to time
time time and may compel
compel the attendance
attendance of absent
absent members
members in the manner subject to the
manner and subject
penalties prescribed by the rules
penalties prescribed rules of the City Council.
Council. No action
action of City Council except
City Council except as
otherwise
otherwise provided
provided in the preceding
preceding sentence
sentence shall
shall be valid
valid or binding
binding unless
unless adopted
adopted by the
affirmative
affirmative vote of the majority
majority of the existing
existing membership
membership of CityCity Council,
Council, except
except that if five
(5) or more Council
Council Members
Members are ineligible
ineligible to vote on a particular
particular item because
because State
State law
requires
requires the Council
Council Members
Members to abstain
abstain from
from voting,
voting, then
then the remaining
remaining Council
Council Members
Members may
vote and approve
approve the item by unanimous
unanimous vote.
vote.

(d)
(d) Veto Override.
Override. The
The City Council
Council may,
may, by an affirmative
affirmative vote
vote of at least six (6)
(6) of
the nine (9) City Council
Council Members,
Members, override
override the Mayor's veto of an ordinance
Mayor's veto ordinance or resolution
resolution at

10
any time
time prior
prior to midnight
midnight on the fifth (5th) business
fifth (5"') business day after
after the day the Mayor
Mayor exercises
exercises the
veto or prior
prior to midnight
midnight on the
the day of the
the next
next City Council
Council meeting
meeting after
after the
the exercise
exercise of the
Mayoral
Mayoral veto,
veto, whichever
whichever last occurs.
occurs.

If City Council
Council overrides
overrides a veto,
veto, the ordinance
ordinance or resolution
resolution shall be effective
effective
immediately or as otherwise
immediately otherwise provided
provided therein.
therein. If City
City Council
Council fails
fails to override
override a vcto,
veto, the
ordinance
ordinance or resolution
resolution shall fail and be of no effect.
effect. Ordinances
Ordinances adopted
adopted by City Council
Council shall
effective unless
be effective unless vetoed
vetoed by the Mayor
Mayor upon the expiration
expiration of the fifth business
business day after
after said
adoption,
adoption, or shall be effective
effective upon such
such later datc
date as may be provided
provided therein.
therein. The
The Mayor
Mayor may
notify
notify the City Council
Council through
through written
written notice
notice filed with thc
the City Clerk
Clerk that he or she will not
ordinance or resolution,
veto the ordinance resolution, whereupon
whereupon the ordinance
ordinance or resolution
resolution may become
become effectivc
effective
prior to the sixth business
business day after
after adoption
adoption of said
said ordinance resolution if the
ordinance or resolution the ordinance
ordinance ore
ore
resolution
resolution so provides
provides for such
such an earlier
earlier effective
effective datc.
date.

(e) President,
President, Vice
Vice President
President of City Council. The
City Council. The City
City Council
Council shall
shall elect
elect one of its
Members
Members as president
president and another
another as vice
vice president
president on the fourth
fourth Tuesday
Tuesday in November
November of each
year.
year. The
The City Council
Council may remove
remove the CityCity Council
Council president
president or vice
vice president
president by an
affirmative five ((5)
affirmative vote of at least five 5 ) City Council Members.
City Council Members. In the the event
event of vacancy
vacancy in the office
office
president or vice president,
of president president, the City
City Council
Council shall
shall elect
elect one of its Members
Members to fill the
remaining
remaining term
term of the vacant
vacant position.
position. The
The president
president shall preside at the meetings
shall preside meetings of the City
Council and in his or her absence,
Council absence, the vice president
president shall
shall preside.
preside. The
The president
president shall
shall perform
perform
duties consistent
the duties consistent with the office
office and as otherwise
otherwise imposed
imposed by the CityCity Council.
Council.

Section
Section 4.04.
4.04. Prohibitions.
Prohibitions.

Appointment and
(a) Appointment
(a) Removal. No individual
and Removal. individual City
City Council
Council Member
Member shall
shall in any
manner dictate
manner dictate the
the appointment
appointment or removal
removal of any administrative
administrative officer
officer or employee whom the
employee whom
Mayor is empowered
Mayor empowered to appoint,
appoint, except
except as provided
provided elsewhere
elsewhere in this
this Charter.
Charter. The
The City Council
Council
may, however,
may, however, express
express its views
views and fully
fully and freely
freely discuss
discuss any and all matters
matters with the Mayor
Mayor
pertaining to the appointment
pertaining appointment and
and removal
removal of City
City officers
officers and employees.
employees. '

(b) Interference with

(b) Interference wit11Administration.
Administration. Except
Except for the purpose
purpose of inquiries
inquiries and
investigations
investigations made
made in good
good faith,
faith, the City Council
Counciloror Council
Council Members
Members shall deal with the City
officers
officers and employees,
employees, who are subject
subject to the direction
direction and supervision
supervision of the Mayor,
Mayor, solely
solely
through
through the Mayor.
Mayor. Neither
Neither the City
City Council
Council nor Council
Council Members
Members shall
shall give
give orders
orders to any such
such
officer
officer or employee,
employee, either
either publicly
publicly or privately.
privately. It is the express
express intent
intent of this
this Charter
Charter that
recommendations
recommendations for improvement
improvement of municipal
municipal governmental
governmental operations
operations by individual
individual Council
Council
Members made solely
Members be made solely to and through
through the Mayor.
Mayor.

((c)
c ) Holding
Holding other
other Office.
Office. No elected
elected City
City official
official shall
shall hold any appointive
appointive City office,
office,
City board membership,
membership, or City employment
employment while
while in office,
office, except
except as may be provided
provided by State
State
law. No former
former elected
elected City official
official shall
shall hold any compensated
compensated appointive
appointive City office
office until one
year after
after having
having last served
served as an elected
elected official.
official.

11
 ARTICLE
ARTICLE V
APPOINTED
APPOINTED CITY POSITIONS
CITY POSITIONS

Section 5.01.
Section 5.01. City
City Clerk.
Clerk.

There
There shall
shall be a City Clerk
Clerk who
who shall
shall be appointed
appointed by the Mayor
Mayor with the consent of the
the consent
City Council
Council by an affirmative vote
affirmative vote of a majority of Council Members,
majority Council Members, and whose duties and
whose duties
responsibilities are as provided
responsibilities provided for by this
this Charter.
Charter. Although
Although an appointee
appointee of the Mayor,
Mayor, the
Clerk shall serve
Clerk shall serve the entire City government. The Clerk shall
entire City government. The Clerk shall keep keep and have the care and
have the care
custody of the books,
custody books, records,
records, papers,
papers, legal documents
documents and journals
journals of proceedings
proceedings of the City
Council
Council and shall carry out such additional duties
shall carry out such additional duties as may be required
required by the Council
Counciloror the
Mayor. The
Mayor. The City Clerk
Clerk may be removed
removed from office
office with the concurrence
concurrence of the Mayor
Mayor and a
majority of the City Council.
majority Council.

Section
Section 5.02.
5.02. City Administrator.
City Administrator.

There
There shall
shall be a City Administrator
Administrator who
who shall
shall be appointed
appointed by the
the Mayor,
Mayor, and who shall
shall
serve at the pleasure
serve pleasure of the Mayor.
Mayor. The
The City
City Administrator
Administrator shall be in charge
charge of the daily
daily
operations of the City.
operations City. Prior
Prior to appointment
appointment by the Mayor,
Mayor, the City
City Administrator
Administrator shall have had
relevant management,
relevant management, executive,
executive, or administrative
administrative experience.
experience.

Section
Section 5.03.
5.03. City Attorney.
City Attorney.

The City Attorney

The Attorney shall
shall serve
serve as the chief
chief legal
legal adviser
adviser to, and shall
shall represent,
represent, elected
elected or
appointed officials,
appointed officials, boards
boards and commissions,
commissions, and employees
employees in the course
course and scope
scope of their
their
official duties
official duties or employment,
employment, respectively.
respectively. The
The City
City Attorney
Attorney shall
shall represent
represent the City in legal
proceedings and shall
proceedings shall perform
perform any other
other duties
duties prescribed
prescribed by State
State law,
law, by this
this Charter,
Charter, or by
ordinance
ordinance or resolution.
resolution. The
The Mayor
Mayor shall
shall appoint
appoint the City Attorney,
Attorney, with the consent
consent of the City
Council
Council by an affirmative
affirmative vote ooff a majority
majority of City
City Council
Council Members.
Members. The The City
City Attorney
Attorney may
be removed
rcmoved from
from office
office with
with the concurrence
concurrence of the Mayor
Mayor and a majority
majority of the
thc City Council.
Council.

Section
Section 5.04.
5.04. Departments.
Departments.

The Mayor
The Mayor shall determine, consistent
shall determine, consistent with this Charter, the organization
this Charter, organization of the City
government
government and prescribe
prescribe the
the duties
duties and responsibilities
responsibilities assigned
assigned to the various
various departments.
departments.

Section 5.05. City

Section 5.05. City Boards, Commissions and
Boards, Commissions and Authorities.
Authorities.

Establislrment. Unless
(a) Establishment.
(a) otherwise provided
Unless otherwise provided by law, City Council
law, City Council shall
shall establish
establish or
terminate ordinance, such
terminate by ordinance, such boards, commissions and authorities
boards, commissions authorities as it may
may deem
deem advisable
advisable from
time to time.
time time.

Memberslzip and
( b ) Membership
(b) and Removal.
Removal. Unless otherwise provided
Unless otherwise provided by law,
law, City Council shall
City Council shall
determine
determine procedures,
procedures, membership
membership and removal
removal from
from City
City boards,
boards, commissions
commissions and authorities.
authorities.

12
 ARTICLE VI
ARTICLE
ELECTIONS
ELECTIONS

Section 6.01.
Section 6.01. Nonpartisan
Nonpartisan Elections.
Elections.

All nominations
nominations and elections
elections for the offices
offices of Mayor
Mayor and City
City Council
Council Member shall be
Member shall
conducted
conducted on a nonpartisan basis.
nonpartisan basis.

Section 6.02.
Section 6.02. Electors.
Electors.

Any person
person who is a resident
resident of the City,
City, is a qualified
qualified Florida
Florida elector,
elector, and who has been
assigned
assigned a voter
voter registration
registration number
number by the County
County Supervisor
Supervisor of Elections
Elections to vote in a City
precinct shall be an elector
precinct elector of the City.
City.

Section 6.03. Qualifications,

Section 6.03. Eligibility, and
Qualifications, Eligibility, and Filing
Filing Fee.
Fee.

(a) Qualifications and

(a) Qualifications and Eligibility. person who
Eligibility. Any person who is a resident City, has
resident of the City,
qualified as a Florida
qualified Florida elector,
elector, and has been
been assigned
assigned a voter
voter registration
registration number
number by the county
the county
supervisor elections vote
supervisor of elections to vote in a City precinct
precinct not less than one (1)
one (l) year prior
prior to the end of the
qualification
qualification period,
period, shall
shall be an elector
elector of the City
City who
who shall
shall be eligible
eligible to run for the office
office of
Mayor
Mayor and at-large
at-large Council offices ("A" and "B"), while
Council offices candidate for a City Council
while a candidate Council district
district
office must
office must have been a resident
resident of the declared district for at least one (1) year prior
declared district prior to the end
of the qualification
qualification period.
period. If he or she ceases
ceases to possess
possess any such
such qualifications
qualifications during
during his or
her term of office,
office, or if he or she violates
violates any express
express prohibition
prohibition of thisthis Charter,
Charter, he or she shall
forthwith
forthwith forfeit
forfeit the office,
office, and the Council
Council shall remove
remove him or her from from office.
office.

b ) Filing
((b) Fee. Each
Filing Fee. Each candidate
candidate shall
shall pay to the qualifying
qualifying officer filing fee in the
officer a filing
amount
amount of three
three percent
percent (3%)
(3%) of the annual
annual salary
salary of the office
office of Mayor
Mayor or office
office of Member
Member of
Council, as well as an election
City Council, election assessment
assessment as provided
provided by Florida
Florida law.
law.

(c) Determination
Determination ofof Qualifications
Qualifications and
and Eligibility.
Eligibility. The
The City Clerk shall
City Clerk judge
shall be the judge
of qualifications
qualifications for candidates positions Mayor
candidates for the positions of Mayor and City Council.
Council.

Section 6.04.
Section 6.04. Elections
Elections Procedures.
Procedures.

(a) Cer~eral
(a) General and
and Primary
Primary Elections.
Elections. City Council
Council shall
shall make
make all necessary
necessary arrangements
arrangements
holding the regular
for holding regular City elections shall declare
elections and shall declare the results
results thereof.
thereof. The
The general
general election
election
for contests three (3)
contests with three (3) or more
more candidates
candidates shall date of the primary
shall be held on the date primary election
election
established by general
established general law for election
election of State
State and County
County officers.
officers. The
The runoff
runoff election
election for the
two (2) candidates
candidates receiving
receiving the greatest number of votes
greatest number votes at the primary
primary election,
election, where
where none
received
received a majority,
majority, shall
shall be held on the date
date of the general
general clection
election established
established by general
general law
for election
election of State
State and County officers. The
County officers. The general
general clection
election for contests
contests when there
there are only
only
two (2) candidates
candidates shall date of the general
shall be held on the date election established
general election established by general
general law for
election
election of State
State and County
County oflicers.
officers.

( b ) Appoit~tments
(b) Appointments by Supervisor
Supervisor of
of Elections.
Elections. TheThe Supervisor
Supervisor of Elections determines
Elections determines
appointment of inspectors,
appointment inspectors, clerks
clerks and deputies
deputies of the
the elections.
elections.

13
 (c) Notice of
(c) Notice of Elections.
Electiorzs. The
The City Clerk shall
City Clerk cause a notice
shall cause of the
notice of the time and place
time and of
place of
holding all
holding all City elections to
City elections to be published in
be published in a newspaper
newspaper published
published inin the
the City,
City, for
for at
at least
least once
once a
week for
week two (2)
for two (2) consecutive weeks during
consecutive weeks during the
the thirty
thirty (30)
(30) days
days prior
prior to
to the
the beginning
beginning of of
qualifying.
qualifying.

(d) One Candidate.

(d) One Candirlate. No
No election
election for
for Mayor or for
Mayor or for any City Council
any City Council office
office shall
shall be
be
required
required in any
any election
election in which
which there
there is only
only one
one (I) duly qualified
(1) duly qualified candidate
candidate for
for the
the particular
particular
office.
office.

(e) Canvassing Board.

(c) Canvassing Board. Elections shall be
Elections shall be conducted
conducted and
and results
results shall
shall be
be tabulated,
tabulated,
returned and
returned and canvassed
canvassed by County
County election
election officials
officials in accordance
accordance with
with general
general law.
law. The
?'he
canvassing board
canvassing board shall
shall submit
submit certified
certified election
election results
results to
to the
the City
City Clerk. City election
Clerk. In a City election
where a County
where County canvassing
canvassing board
board would
would not
not be
be empanelled,
empanelled, then
then the
the canvassing
canvassing board
board shall
shall
include the
include the Mayor,
Mayor, if not
not on
on the
the ballot,
ballot, and
and those
those City
City Council
Council Members
Members who who are
are not
not on
on the
the
ballot.
ballot.

Ballots. In the
(f) Ballots. the election,
election, the
the names
names of of all
all candidates qualified for
candidates qualified for nomination
nomination to thethe
office
office of
of Mayor
Mayor oror the
the office
office ofof Member
Member of of the
the City
City Council
Council for
for each
each seat
seat shall
shall be
be placed
placed on
on the
the
ballot their respective seats in alphabetical order, and the candidate who receives majority of
ballot in their respective seats in alphabetical order, and the candidate who receives a majority of
the
the votes
votes in the
the election
election for
for a respective
respective seat
seat shall
shall be
be declared
declared elected.
elected.

Section 6.05. Candidate

Section 6.05. Candidate Qualifying
Qualifying Oath.
Oath.

(a) Qualifying
(a) Qualifying Oatli
Oath or Affirrnzation. Any person
Affirmation. Any person whowho is qualified
qualified under
under the
the laws
laws of the
the
State
State and
and this
this Charter
Charter may
may become
become a candidate for the
candidate for the office
office of
of Mayor
Mayor oror City
City Council
Council by taking
taking
and
and subscribing
subscribing to to an
an oath
oath or
or affirmation,
affirmation, and
and filing
filing the
the same
same with
with the
the City
City Clerk
Clerk during
during business
business
hours
hours during
during the
the period
period prescribcd
prescribed by by general
general law
law forfor qualification
qualification ofof candidates
candidates for
for election
election to
County
County offices.
offices.

(b) Form. The

(b) Form. The form of the
form of the oath
oath or
or affirmation
affirmation shall be as
shall be as provided
provided by Florida
Florida law.
law.

Section 6.06. Alternative

Section 6.06. Alternative to Qualifying
Qualifying Fee.
Fcc.

(a) Petitiorz Process.

(a) Petition Process. In lieu of paying
lieu of the filing
paying the filing fee
fee prescribed
prescribed by this
this Charter,
Charter, a
candidate
candidate for
for the
the office
office ofof Mayor
Mayor or or office
office of
of City
City Council
Council Member
Member may may have
have his
his or
or her
her name
name
placed
placed onon the
the ballot
ballot for
for the
the election
election byby complying
complying with
with the
the petition
petition process
process for
for qualifying
qualifying as as a
candidate for County
candidate for County office
office as
as prescribed
prescribed by by general
general law.
law. NoNo person
person may
may qualify
qualify for
for election
election asas
a write-in
write-in candidate.
candidate.

(b) Petition Forms.

(b) Petition Forms. The qualifying officer
The qualifying officer shall provide the
shall provide the candidate
candidate with
with the
the petition
petition
format to facilitate the gathering of signatures pursuant to this section.
format to facilitate the gathering of signatures pursuant to this section.

(c) Valid Signatures.

(c) Valid Signatures. The The candidate
candidate maymay begin to seek
begin to seek signatures
signatures onon a petition
petition
supporting
supporting hishis or
or her
her candidacy
candidacy once
once thethe requirements
requirements ofof gencral
general lawlaw are
are met.
met. Only
Only signatures
signatures
of
of City
City electors
electors shall
shall be
be counted
counted toward
toward obtaining
obtaining the
the minimum
minimum number
number of of signatures
signatures prescribcd
prescribed
in this
this subsection.
subsection. Candidates
Candidates forfor the
the office
office of
of Mayor
Mayor and
and at-large
at-large Council
Council offices
offices under
under this
this
petition
petition process
process shall
shall obtain
obtain the
the signatures
signatures of of a number
number ofof qualified
qualified electors
electors equal
equal to at least
least five
five
percent (5%) of the total number of registered electors the City, as shown by the compilation
percent (5%) of the total number of registered electors in the City, as shown by the compilation

14
by the
the Supervisor
Supervisor ofof Elections
Elections for
for the
the most
most recent
recent general
general election
election of of the
the City
City Council.
Council. A
candidate for a single-member
candidate for single-member district
district position
position shall
shall obtain
obtain the
the signatures
signatures of of a number
number ofof
qualified
qualified electors
electors residing
residing in the
the district
district for
for which
which the
the candidate
candidate seeks
seeks election
election equal
equal to at least
least
five
five percent (5%) of
percent (5%) of the
the total
total number
number of of registered
registered electors
electors in the
the district,
district, as
as shown
shown by the
the same
same
compilation.
compilation.

For
For the
the City
City election
election next
next following
following each
each decennial
decennial census,
census, the
the required
required petition
petition
signatures
signatures shall
shall be as
as follows:
follows:

(i)
(i) Candidates
Candidates for for the
the office
office of
of Mayor
Mayor and
and at-large
at-large Council
Council offices
offices under
under this
this
petition
petition process
process shall
shall obtain
obtain the
the signatures
signatures of of a number
number of
of registered
registered voters
voters of
of the
the City
City equal
equal to at
least
least two
two and one-half percent
and one-half (2.5%) of
percent (2.5%) of the
the population
population of
of the
the City
City according
according toto the
the most
most recent
recent
decennial
decennial census.
census.

(ii)
(ii) candidate for
A candidate for the
the office
office of
of a district
district City
City Council
Council Member
Member under under this
this
petition
petition process
process shall
shall obtain
obtain the
the signatures
signatures of
of a number
number of of registered
registered voters
voters residing
residing in thethe
district
district for
for which
which the the candidate seeks election
candidate seeks election equal
equal to at least
least two
two and
and one-half
one-half perccnt
percent (2.5%)
(2.5%)
of
of the
the ideal
ideal district population according
district population according to the
the most
most recent
recent decennial
decennial census.
census. ForFor the
the purposes
purposes
of
of this
this section,
section, the
the "ideal
"ideal district
district population"
population" means
means the
the total
total population
population ofof the
the City
City based
based upon
upon
the
the most
most recent
recent decennial
decennial census
census divided
divided by the
the number
number of of City
City Council
Council districts.
districts.

(d) Verifying Names.

(d) Verifying Names. Each petition shall
Each petition shall be
be submitted
submitted to to the
the qualifying officcr prior
qualifying officer prior to
the
the deadline
deadline established
established by general
general law.
law. The
The Supervisor
Supervisor of of Elections
Elections shallshall verify
verify the
the pctitions
petitions
according
according to general
general law.
law. Prior
Prior to the
the first
first datc
date for
for qualifying,
qualifying, the the Supervisor
Supervisor of of Elections
Elections shall
shall
certify the number of persons shown as registered electors of the City, and of each district, for
certify the number of persons shown as registered electors of the City, and of each district, for
the
the most
most recent
recent general
general election
election of of the
the City,
City, and
and submit
submit the
the certification
certification to to the
the City
City Council.
Council. The The
candidate
candidate shall,
shall, during
during the
the time
time prescribed
prescribed for for qualifying
qualifying for for office,
office, submit
submit a copy
copy ofof the
the
certification
certification thatthat the
the candidate
candidate met met the
the qualifying
qualifying requirements,
requirements, issued issued by thethe qualifying
qualifying officer.
officer,
and
and file
file his
his or
or her
her qualifying
qualifying papers.
papers. UponUpon receipt
receipt of
of the
the notice
notice andand qualifying
qualifying papers,
papers, the
the
qualifying
qualifying officer
officer shall
shall certify
certify the
the name
name of of the
the candidate
candidate to to the
the City
City Council
Council as as having
having qualified
qualified
for
for the
the office
office sought.
sought.

Section 6.07. Commencement

Section 6.07. Commencement of
of Term
Term of Office.
of Office.

Thc term of
The term of office
office of
of any
any elected
elected official
official (Mayor
(Mayor oror City
City Council
Council Member)
Member) will will
commence
commence on on the
the fourth
fourth Tuesday
Tuesday in November
November after
after his
his or
or her
her election
election at 12
12 o'clock
0' clock noon,
noon, at
which
which time
time the
the newly
newly clectcd
elected official
official shall
shall take
take an
an oath
oath of
of office
office and
and be installed
installed in officc.
office. The
The
commencement
commencement date for all offices
date for all offices in the City election shall be the samc date whether
the City election shall be the same date whether the the
candidate
candidate is elected
elected during
during thethe primary
primary or or general
general election.
election.

In the
the event
event ofof a Special
Special Election
Election oror othcr
other election
election othcr
other than
than the
the primary
primary or or general
general
election,
election, the
the term
term ofof office
office of
of any
any elected
elected official
official will
will commence
commence on on the
the third
third day
day aficr
after his
his or
or her
her
election
election has
has been
been certified,
certified, at 12
12 o'clock
o'clock noon,
noon, at which
which time
time the
the newly
newly elected
elected official
official shall
shall be
given
given anan oath
oath of
of office
office and
and installed
installed in office,
office, oror as
as provided
provided by by State
State law,
law, unless
unless the
the
commencement
commencement date falls on
date falls on a legal
legal or
or City
City holiday
holiday in which
which case
case the
the term
term ofof office
office will
will
commence
commence on on the
the next
next day
day that
that is not
not a legal
legal or
or City
City holiday.
holiday.

15
Section 6.08. Council
Section 6.08. Council Districts.
Districts.

(a)
(a) Number
Number of
of Districts.
Districts. 'There shall be
There shall be seven
seven (7)
(7) City
City Council
Council districts.
districts.

(b)
(b) Districting Commission;
Districting Commission; Conzposition;
Composition; Appointment;
Appointment; Terms;
Terms; Vacancies;
Vacancies;
Compensation.
Compensation.

(1)
(I) There shall be
There shall be a districting commission consisting
districting commission consisting of
of seven
seven (7)
(7) members.
members.
The City
The City Council
Council shall
shall appoint
appoint one
one (1) member from
(I) member from each
each of
of the
the seven
seven (7)
(7) Council
Council districts
districts ofof
the City.
the City.
(2) No
(2) member of
No member of the commission shall
the commission be employed
shall be employed by by the
the City
City or
or hold
hold anyany
other
other elected
elected or
or appointed
appointed position
position in thethe City.
City.

(3) The
(3) The City
City Council
Council shall
shall appoint
appoint the
the commission
commission no no later
later than
than one
one year
year and
and five
five
months before the
months before the first
first general
general election
election of
of the
the City
City Council
Council after
after each
each federal
federal decennial
decennial census.
census.
The
The commission's
commission's term shall
term end upon
shall end upon adoption
adoption of of a districting
districting plan,
plan, as
as set
set forth
forth in section
section
6.08(c).
6.08( c).

(4)
(4) In the
the event
event of
of a vacancy
vacancy onon the
the commission
commission by death,
death, resignation
resignation or
or
otherwise,
otherwise, the
the City
City Council
Council shall
shall appoint
appoint a new
new member from the
member from the same
same district
district from
from which
which his
his or
or
her
her predecessor
predecessor was
was selected
selected to serve
serve the
the balance
balance of
of the
the term
term remaining.
remaining.

No member
( 5 ) No
(5) member of
of the
the districting
districting commission
commission shall
shall be
be removed
removed from
from office
office by
by the
the
City
City Council
Council except
except for
for cause
cause and
and upon
upon notice
notice and
and hearing.
hearing.

(6)
(6) The
The members
members of
of the
the commission
commission shall
shall serve
serve without
without compensation.
compensation.

(7)
(7) The
The commission
commission may
may hire
hire or
or contract
contract for
for necessary
necessary staff
staff assistance
assistance and
and may
may
require
require agencies
agencies ofof City
City government
government to provide
provide technical
technical assistance.
assistance. The
The commission
commission shall
shall have
have
a budget
budget as
as provided
provided byby the
the City
City Council.
Council.

(c)
(c) Powers
Powers and
and Duties of the
Duties of the Commission;
Comnzission; Hearings,
Hearings, Submissions
Submissions and
and Approval
Approval of
Plan.
Plan.

(1)
(I) Following each decennial
Following each decennial census,
census, the
the commission
commission shall
shall consult
consult the
the City
City
Council
Council and
and the
the Supervisor
Supervisor of of Elections, and shall
Elections, and prepare a plan
shall prepare plan for
for dividing
dividing the
the City
City into
into
districts
districts for
for the
the election
election ofof Council
Council Members.
Members. In preparing the plan,
preparing the plan, the
the commission
commission shallshall be
guided
guided by the
the criteria set forth
criteria set forth in section
section 6.08(d).
6.08(d). The
The report
report on
on the
the plan
plan shall
shall include
include a map
map and
and
description
description ofof districts
districts recommended.
recommended.

(2) The
(2) commission shall
The commission hold one
shall hold or more
one or more public hearings not
public hearings less than
not less than one
one
month before
month before it submits
submits the
the plan
plan to
to the
the City
City Council.
Council. The
The commission
commission shall
shall make
make its
its plan
plan
available to the
available the public
public for
for inspection
inspection and
and comment
comment notnot less
less than
than one
one month
month before
before its
its public
public
hearing.
hearing.

(3) The commission

(3) The commission shall submit its
shall submit its plan
plan to
to the
the City
City Council
Council not
not less
less than
than one
one
year before
year before the
the first
first general
general election
election of
of the
the City
City Council
Council after
after each
each decennial
decennial census.
census.

16
 (4) The
(4) The plan shall
shall be deemed
deemed adopted
adopted by the City
City Council
Council unless
unless disapproved
disapproved
within three
within three weeks
weeks by the
the vote of the majority
majority of all Members
Members of the City
City Council.
Council. If the City
Council
Council fails.to
fails to adopt
adopt the
the plan,
plan, it shall
shall return
return the
the plan to the
the commission
commission with its objections
objections and
with the objections
objections of individual
individual Members
Members of the Council.
Council.

(5) Upon
Upon rejection
rejection of its plan,
plan, the commission
commission shall prepare
prepare a revised
revised plan and
shall submit
submit such
such revised
revised plan to the City Council
Council no later than nine months
months before
before the first
general
general election
election of the
the City
City Council
Council after
after the
the decennial
decennial census.
census. Such
Such revised
revised plan shall
shall be
deemed
deemed adopted
adopted by the CityCity Council
Council unless
unless disapproved within two
disapproved within two weeks
weeks by the vote
vote of two-
two-
thirds
thirds of all the Members
Members of the City Council
Council and unless,
unless, by a vote of two-thirds
two-thirds of all of its
Members,
Members, the City CouncilCouncil votes
votes to file a petition
petition in the circuit
circuit court
court in and for Escambia
Escambia
County,
County, for determination
determination that the plan fails to meet the requirements
requirements of this Charter. The City
this Charter. City
Council shall file its petition
Council shall petition no later than
than ten days
days after
after its disapproval
disapproval of the plan.
plan. Upon a final
determination
determination upon appeal,appeal, if any,
any, that the plan meets
meets the requirements
requirements of this
this Charter,
Charter, the plan
shall be deemed
deemed adopted
adopted by the City Council
Council and the commission
commission shall deliver the plan to the
shall deliver
City Clerk.
Clerk. The plan delivered
delivered to the City Clerk
Clerk shall include a map
shall include map and description
description of the
districts.
districts.

(6) If in any year population

population figures
figures are not available
available at least
least one
one year and five
five
months before the first
months before first general
general election following the decennial
election following decennial census, Council may,
census, the City Council may, by
law, shorten
local law, shorten the time
time periods
periods provided
provided for districting
districting commission
commission action paragraphs (
action in paragraphs 2),
(2),
(3), (4),and (5)
(3), (4), ( 5 ) of this subsection.
this subsection.

(d)
(d) Districting Plan;
Districting Plan; Criteria.
Criteria. In preparation
preparation of its plan for dividing
dividing the City into
districts election of Council
districts for the election Council Members,
Members, the commission
commission shall apply the following
shall apply criteria
following criteria
which, to the extent
which, extent practicable,
practicable, shall
shall be applied
applied and given
given priority order in which
priority in the order which they are
herein
herein set forth.
forth.

(1) Districts
Districts shall bc equal
shall be equal in population
population except
except where
where deviations
deviations from
from equality
equality
result from
result from the application
application of the provisions
provisions hereinafter
hereinafter set forth,
forth, but no such
such deviation
deviation may
exceed five percent
exceed percent of the average
average population City Council
population for all City Council districts
districts according
according to the
figures available
figures available from
from the most
most recent
recent census.
census.

Districts shall
(2) Districts shall consist
consist of contiguous
contiguous territory;
territory; but land areas separated by
areas separated
waterways
waterways shall included in the same
shall not be included same district
district unless
unless said
said waterways
waterways are
are traversed
traversed by
highway
highway bridges,
bridges, tunnels
tunnels or regularly
regularly scheduled
scheduled ferry
ferry services
services both termini
termini of which
which are within
within
the district,
district, except
except that, population permitting, islands
population permitting, islands not connected
connected to the mainland
mainland to other
other
islands bridge, tunnel
islands by bridge, tunnel or regular
regular ferry
ferry services
services shall
shall be included
included in the same
same district
district as the
nearest land area
area within
within the City.
City.

(3) Consistent with the foregoing

(3) Consistent foregoing provisions,
provisions, the aggregate length of all district
aggregate length district
boundaries
boundaries shall
shall be as short
short as possible.
possible.

extent possible,
(4) To the extent possible, consideration
consideration should
should be given
given to coordinating district
coordinating district
lines for the various
lines various public
public offices,
offices, as well as precincts.
precincts.

The districts
(5) The districts shall
shall be based
based upon
upon the principle
principle of equal
equal and effective
effective
representation as required
representation required by the
the United
United States
States Constitution
Constitution and general
general law.
law.

17
 Effect of
(e) Effect of Enactment.
Enactment. TheThe new
new City
City Council
Council districts
districts and boundaries
boundaries as of the date
date of
enactment shall
enactment shall supersede
supersede previous
previous Council
Council districts
districts and boundaries
boundaries for all purposes
purposes of the next
regular
regular City election,
election, including
including nominations.
nominations. The
The new
new districts
districts and boundaries
boundaries shall
shall supersede
supersede
previous
previous districts
districts and boundaries
boundaries for all other purposes as of the
other purposes the date
date on which
which all Council
Council
Members elected
Members elected at that regular
regular City
City election
election take
take office.
office.

ARTICLE VII
ARTICLE VII
RECALL, INITIATIVE, AND REFERENDUM
RECALL, INITIATIVE, AND REFERENDUM

Section 7.01.
Section 7.01. Recall.
Recall.

Recall
Recall of elected officials shall
elected officials shall be according
according to the
the provisions
provisions of state
state law.

Section 7.02. Power

Section 7.02. Power of Initiative.
Initiative.

City electors
electors shall
shall have
have the power
power to propose
propose ordinances
ordinances to the City Council.
Council. If the City
Council fails to adopt
Council adopt an ordinance
ordinance so proposed
proposed without
without any change
change in substance,
substance, the electors
electors
power to adopt
have the power adopt or reject
reject the proposed
proposed ordinance
ordinance at a City
City election.
election. The
The electors
electors are not
empowered to propose
empowered propose ordinances
ordinances that extend
extend to providing
providing an annual
annual budget,
budget, levying
levying taxes,
taxes, or
setting
setting salaries
salaries of City officers
officers or employees.
employees.

Section 7.03.
Section 7.03. Power
Power of Referendum.
Referendum.

Within sixty
Within sixty (60)
(60) days
days following
following the effective date of a measure
effective date measure passed
passed by City Council,
Council,
City electors
electors shall
shall have
have the power
power to require
require reconsideration
reconsideration by the City
City Council
Council of any measure
measure
Council. If the City Council
passed by City Council. Council fails
fails to repeal
repeal a measure
measure so reconsidered,
reconsidered, the
electors
electors have the power
power to approve
approve or reject
reject the reconsidered
reconsidered measure
measure at a City
City election.
election. The
electors
electors are not empowered
empowered to reconsider
reconsider measures
measures that extend
extend to providing
providing an annual
annual budget,
budget,
levying taxes,
levying taxes, or setting salaries of City officers
setting salaries officers or employees.
employees.

Section 7.04.
Section 7.04. Commencement
Commencement of Proceedings.
Proceedings.

(1 0) electors
Any ten (10) electors may commence
commence initiative
initiative or referendum
referendum proceedings
proceedings by filing
filing with
Clerk an affidavit
the City Clerk affidavit stating
stating that they
they will constitute
constitute the petitioners'
petitioners' committee
committee and be
responsible for circulating
responsible circulating the petition
petition and filing
filing it in proper
proper form.
form. The
The affidavit
affidavit shall
shall further
further
provide their
provide their names
names and addresses,
addresses, specify
specify the mailing
mailing address
address for notices
notices to be sent
sent to the
committee,
committee, and fully
fully set forth
forth the proposed initiative or identify
proposed initiative measure sought
identify the measure sought to be
reconsidered.
reconsidered. Promptly after the
Promptly after the petitioners'
petitioners' committee's affidavit is filed,
committee's affidavit filed, the City Clerk,
Clerk, at the
committee's request,
committee's request, shall
shall issue
issue the
the appropriate
appropriate petition
petition forms
forms to the committee
committee at the
committee's
committee's expense.
expense.

Section
Section 7.05.
7.05. Initiative
Initiative or
or Referendum
Referendum Petitions.
Petitions.

(a) Number andSignatures.

(a) Number and Signatures. Initiative
Initiative and referendum
referendum petitions
petitions must
must be signed
signed by City
electors equal to at least
electors equal least ten percent (1 0%) of the total number
percent (10%) number of registered
registered electors
electors in the City,
City,

18
as shown
shown by the compilation
compilation by the Supervisor
Supervisor of Elections
Elections for the most
most recent general election
recent general election
of the City Council.
Council.

( b ) Form
(b) Form and
and Content.
Content. All petition papers shall
petition papers shall be uniform
uniform in size
size and style
style and shall
shall
be printed on separate
separate cards
cards or individual
individual sheets
sheets of paper.
paper. Adequate
Adequate space
space must
must be provided
provided for
the voter's
voter's name,
name, address,
address, signature,
signature, and date
date of signature.
signature. Petitions
Petitions shall contain
contain or have
attached
attached thereto
thereto throughout
throughout their circulation
circulation the full text of the ordinance
ordinance proposed
proposed or sought
sought to
be reconsidered.
reconsidered.

(c) Statement
Statement ofof Circulator.
Circulator. When filed, petitions
When filed, petitions shall
shall have
have attached
attached a statement
statement
executed by the circulator
executed circulator or circulators
circulators of the petitions
petitions that he, she,
she, or they
they personally
personally circulated
circulated
petitions. The
the petitions. The statement
statement shall
shall further
further state
state the
the number
number of signed
signed petitions
petitions submitted
submitted and that
circulator believes
the circulator believes them
them to be the genuine
genuine signatures
signatures of the persons
persons whose
whose names
names they
purport to be.
purport

(d) Filing
(d) Filing Deadline. initiative and referendum
Deadline. All initiative referendum petitions
petitions must
must be filed with the City
Clerk
Clerk within sixty
sixty (60)
(60) days
days of the commencement
commencement date date of the initiative
initiative or referendum
referendum
proceedings. The
proceedings. The City Clerk
Clerk shall submit the petitions
shall submit petitions to the Supervisor
Supervisor of Elections
Elections within
within
three
three (3) business days of receipt
business days receipt of the petitions.
petitions.

Section 7.06.
Section 7.06. Verification Petitions.
Verification of Petitions.

petitioner's committee
The petitioner's committee shall
shall submit
submit the completed
completed petitions
petitions to the Escambia
Escambia County
County
Supervisor of Elections
Supervisor Elections for verification
verification as to the number
number of registered
registered electors
electors whose
whosc valid
signatures appear
signatures appear thereon,
thereon, along
along with any fee required
required by general
general law.
law. The
The Supervisor
Supervisor of
Elections shall
Elections shall make
make a good
good faith
faith effort
effort to verify
verify the signatures
signatures within
within ten (10)
(10) days
days of receipt
receipt of
petitions. The Supervisor
the petitions. Supervisor of Elections
Elections shall
shall record
record the date
date each
each form
form is received
received by the
Supervisor of Elections,
Supervisor Elections, and the datedate the signature
signature on the form
form is verified
verified as valid.
valid. The
The
Supervisor of Elections
Supervisor Elections may verify
verify that the signature
signature on a form
form is valid
valid only
only if (i) the form
form
contains the original
contains original signature
signature of the elector;
elector; (ii) the
the elector
elector has
has accurately
accurately recorded
recorded on the form
form
date on which
the date which he or she
she signed
signed the form;
form; (iii) the form
(iii) the form accurately
accurately sets
sets forth
forth the elector's
elector's
name and address;
name address; and (iv)
(iv) the
the elector
elector is, at the time
time he or she signs
signs the
the form,
form, a duly
duly qualified
qualified
registered elector
and registered elector of the City.
City.

Section 7.07.
Section 7.07. Action
Action on
on Petitions.
Petitions.

(a) Action
(a) Action by City Coulzcil. When
City Council. When an initiative
initiative or referendum
referendum petition finally
petition has been finally
determined sufficient,
determined sufficient, the City Council
Council shall
shall promptly
promptly consider
consider thethe proposed
proposed initiative
initiative or
reconsider
reconsider the referred
referred ordinance
ordinance or measure.
measure. If the CityCity Council
Council fails
fails to adopt
adopt a proposed
proposed
initiative
initiative ordinance
ordinance without
without any change
change in substance
substance within
within forty-five
forty-five (45)
(45) days
days or fails to repeal
the referred ordinance
ordinance within
within forty-five
forty-five (45)
(45) days, shall submit
days, it shall submit the proposed
proposed or referred
referred
ordinance
ordinance to the electors.
electors. If the City
City Council
Council fails to act on a proposed
proposed initiative
initiative ordinance
ordinance or
referred ordinance
ordinance or measure
measure within
within the time
time prescribed
prescribed in this this subsection,
subsection, the City Council
Council
shall be deemed
deemed to have
have failed
failed to adopt
adopt the proposed
proposed initiative
initiative ordinance
ordinance or have failed to repeal
the referred
referred ordinance
ordinance or measure
measure on the last day that the City City Council
Council was authorized
authorized to act on
the matter.
matter.

19
 (b) Submission
(b) Submission to Electors.
Electors. The
The vote
vote on a proposed
proposed or referred
referred ordinance
ordinance or measure
measure
shall be held not less than
shall than thirty
thirty (30)
(30) days
days or more
more than
than sixty
sixty (60)
(60) days
days from
from the date
date the City
Council
Council acted
acted or was
was deemcd
deemed to havehave acted
acted according
according to section
section 7.07(a).
7.07(a). If there
there is not a general
general
election
election to be held within
within the described
described time
time period,
period, the City
City Council
Council shall
shall provide
provide for a special
special
election consultation with the Escambia
election in consultation Escambia County
County Supervisor
Supervisor of Elections.
Elections. Otherwise,
Otherwise, the vote
shall
shall be held at the same
same time
time as such
such regular
regular election.
election. Copies
Copies of the proposed
proposed or referred
referred
ordinance
ordinance or measure
measure shall
shall be made
made available
available at the polls.
polls. Nothing
Nothing in this
this provision
provision shall
shall
prohibit
prohibit the use of a mail ballot election pursuant general law.
ballot election pursuant to general law.

(c) Witltdrawal
Withdrawal ofof Petitions.
Petitions. Initiative
Initiative or referendum
referendum petitions
petitions may be withdrawn
withdrawn at any
th
time prior
time prior to the twenty-fifth
twenty-fifth (25
(251h) preceding the day scheduled
) day preceding scheduled for a vote
vote of the City by
filing with the City Clerk
filing Clerk a request
request for withdrawal
withdrawal signed
signed by at least
least eight (8) of the members
eight (8) members of
the petitioners'
petitioners' committee. Upon the
committee. Upon the filing
filing of such
such request,
request, the petition
petition shall
shall have no further
further
force
force or effect
effect and all proceedings
proceedings thereon
thereon shall be terminated.
terminated.

Section 7.08.
Section Election Results.
7.08. Election Results.

(a) Initiative. If a majority

(a) Initiative. majority of the qualified
qualified electors
electors voting
voting on a proposed
proposed initiative
initiative
ordinance
ordinance vote in its favor,
favor, the initiative
initiative ordinance
ordinance shall
shall be considered
considered adopted
adopted upon the
certification
certification of the election
election results.
results. If conflicting
conflicting ordinances
ordinances are approved
approved at the
the same
same election,
election,
the one receiving
receiving the greatest
greatest number
number of affirmative
affirmative votes
votes shall
shall prevail
prevail to the
the extent
extent of a conflict.
conflict.

(b) Referendum.
(b) Refererzdum. lfaIf a majority
majority of the
the qualified
qualified electors
electors voting
voting on a referred
referred ordinance
ordinance or
measure
measure vote for repeal,
repeal, the referred
referred ordinance
ordinance or measure
measure shall
shall be considered
considered repealed
repealed upon
certification
certification of the election
election results.
results.

ARTICLE VIII
ARTICLE VIII
CHARTER
CHARTER REVIEW
REVIEW AND
AND CHARTER AMENDMENTS
CHARTER AMENDMENTS

Section. 8.01. Charter

Section. 8.01. Review Commission.
Charter Review Commission.

Cltarter Review
(a) Charter
(a) Review Conzmissiorz
Commission Establislzed
Established. During
During the
the month January 2022
month of January 2022 and
every (1 0) years
every ten (10) thereafter, there
years thereafter, there shall
shall be established
established a Charter
Charter Review
Review Commission
Commission
("CRC"); provided,
("CRC"); provided, however,
however, that the City
City Council
Council shall
shall have
have the power
power to establish
establish a CRC
CRC more
often in the event
often event it so chooses.
chooses.

(b) Composition.
(b) Composition. Every (1 0) years,
Every ten (10) years, the Mayor
Mayor and City
City Council
Council shall
shall appoint
appoint nine
members
members to the CRC.
CRe. The The CRC
CRC shall
shall be composed
composed of nine members.
members. No members
members of the CRC
CRC
shall be elected
elected officials.
officials. Each
Each member
member of the CRC
CRC shall be a City resident
resident and elector.
elector.
Vacancies
Vacancies shall be filled
filled within
within 30 days
days in the same
same manner
manner as the original
original appointments.
appointments.

(c) Procedures.
Procedures. TheThe CRC
CRC shall meet prior
shall meet prior to the third
third week in January
January 2022,
2022, and every
every
ten (10)
(10) years
years thereafter,
thereafter, for the purposes
purposes of organization.
organization. The
The CRC
CRC shall
shall elect
elect a Chair
Chair and Vice
Chair from among
Chair among its membership.
membership. Further
Further meetings
meetings of the CRC
CRC shall
shall be held upon the call of
Chair or any three
the Chair three members
members of the CRC.
CRC. All meetings
meetings shall opcn to the public.
shall be open public. A
majority
majority of the members
members of the CRCCRC shall
shall constitute
constitute a quorum.
quorum.

20
 (d) Rules
(d) Rules and Compensation.
Compensation. The
The CRC
CRC may adopt
adopt other rules for its operations
other rules operations and
proceedings as it deems
proceedings desirable. The
deems desirable. The members
members of the CRC
CRC shall
shall receive
receive no compensation.
compensation.

Expenses. Expenses
(e) Expenses.
(e) Expenses of the CRC
CRC shall
shall be verified
verified by a majority
majority vote of the CRC
CRC and
forwarded to the Mayor
forwarded Mayor for payment
payment from
from the general
general fund of thethe City.
City. The
The City may accept
accept
funds,
funds, grants,
grants, gifts and services
services for the CRC
CRC from the
the State,
State, the County,
County, and the government
government of
the United
United States
States or other
other sources,
sources, public
public and private.
private.

(f) Review.
(f) Review. The
The CRC
CRC shall
shall review,
review, on behalf
behalf of the citizens
citizens of the City of Pensacola,
Pensacola, the
City Charter
Charter in order
order to recommend
recommend amendments
amendments to this
this Charter,
Charter, if any.
any.

(g) Report
(g) Report and Process. The
and Process. The CRC
CRC shall complete its review
shall complete review and submit
submit a report
report to the
Council by July
City Council 3 1, 2022, and every
July 31,2022, every ten (I 0) years
(10) years thereafter.
thereafter. Included
Included within
within the report
report
shall
shall be any proposed
proposed amendments
amendments to the Charter,
Charter, together
together with the wording
wording of the proposed
proposed
amendments.
amendments. City Council
Council shall
shall make
make the final decision
decision as to whether
whether the proposed
proposed amendments
amendments
are (i) returned
returned to the CRC
CRC for further
further review,
review, (ii)
(ii) revised
revised and included
included on a ballot,
ballot, (iii) included
included
on a ballot
ballot without
without change,
change, or (iv)
(iv) subject
subject to other
other action.
action. Any
Any such
such amendments
amendments may be
included
included on the ballot
ballot as a single
single question,
question, individual
individual questions
questions or any combination
combination of either.
either. If
one or more proposed Charter amendments
proposed Charter amendments are submitted
submitted by the CRC
CRC and the City
City Council so
Council
chooses,
chooses, the City Council,
Council, in consultation
consultation with
with the Supervisor
Supervisor of Elections,
Elections, shall place
place the
amendments
amendments on the ballot
ballot of the general election
general election to be held in 2022
2022 and every
every ten (10)
(10) years
years
thereafter,
thereafter, for the purpose
purpose of voting
voting on the proposed
proposed amendments
amendments submitted
submitted by the CRC CRC through
through
City Council.
Council. Notice
Notice of said
said election
election shall be published
published by the CityCity Council.
Council. Passage
Passage of
proposed
proposed amendments
amendments shall require
require approval
approval of a majority
majority of electors
electors voting
voting in said election
election on
such
such amendment.
amendment.

Section 8.02. Charter

Section 8.02. Charter Amendments.
Amendments.

(a) Initiation
(a) Oritznnce. The
Initiation by Ordinance. The City Council
Council may
may propose
propose amendments
amendments by ordinance
ordinance
to this Charter. Upon
this Charter. Upon adoption
adoption of the initiating
initiating ordinance,
ordinance, the City Council
Council shall
shall submit
submit the
proposed
proposed amendment
amendment to a vote of the electors
electors at the next
next general
general election
election held within
within the City or
at a special
special election
election called
called for such
such purpose.
purpose.

((b) Initiation by Petition.

b ) Initiation Petition. The
The electors
electors of the City may propose
propose amendments
amendments to this
Charter
Charter by petition.
petition. Each
Each petition
petition proposing
proposing amendments
amendments to thisthis Charter
Charter shall
shall be commenced
commenced in
the same
same manner
manner as an ordinance
ordinance proposed
proposed by initiative
initiative in Article
Article VII of this Charter. Initiative
this Charter. Initiative
petitions must
petitions must be signed
signed by City electors
electors equal
equal to at least ten percent
percent (10%)
(1 0%) of the total number
number
of registered
registered electors
electors in the City,
City, as shown
shown by the compilation
compilation by the Supervisor
Supervisor of Elections
Elections for
the most recent
recent general
general election
election of the City
City Council.
Council.

(c) Consistency.
(c) Except as additionally
Consistency. Except additionally provided herein, the
provided for herein, the method
method for
for Charter
Charter
amendments
amendments shall consistent with
shall be consistent with State
State law.

21
 ARTICLE IX
ARTICLE
MISCELLANEOUS
MISCELLANEOUS

Section 9.01.
Section 9.01. Code
Code of Ethics.
Ethics.

The
The City Council
Council shall,
shall, upon
upon adoption
adoption of this
this Charter,
Charter, enact
enact by ordinance
ordinance a Code
Code of
Ethics
Ethics for all elected
elected and appointed officers
appointed officers and employees
employees of the City which shall
City which shall set standards
standards
of conduct
conduct equal
equal to or stronger
stronger than the standards
standards of conduct
conduct established
established by law.

ARTICLE X
ARTICLE
SCHEDULE
SCHEDULE

Section
Section 10.1. Effective Date.
10.1. Effective Date.

Upon approval
Upon approval of a majority
majority of the electorate
electorate voting
voting at a referendum
referendum on this
this Charter,
Charter, this
Charter
Charter will become
become effective
effective on January
January 1, 2010.
201 0.

Section 10.02.
Section 10.02. Ordinances
Ordinances Preserved.
Preserved.

All ordinances
ordinances in effect
effect upon
upon the adoption
adoption of this Charter,
Charter, to the cxtent
extent not inconsistent
inconsistent
herewith, shall
herewith, shall remain force and effect
remain in full force effect until amended
amended or repealed.
repealed.

Section 10.03. Repeal

Section 10.03. Repeal of Former
Former Charter Provisions.
Charter Provisions.

All provisions
provisions in effect
effect prior
prior to the effective
effective date
date of this
this Charter,
Charter, including,
including, but not
limited
limited to the Charter
Charter provisions contained in Chapter
provisions contained Chapter 15425,
15425, Laws
Laws of Florida (1 93 1), as
Florida (1931),
amended
amended (the
(the former Charter), which
former Charter), which are
are not embraced herein and which
embraced herein which are not inconsistent
inconsistent
this Charter
with this Charter shall
shall become
become ordinances
ordinances of the
the City
City subject
subject to modification
modification or repeal
repeal in the
same
same manner
manner as other
other ordinances
ordinances of the City
City provided
provided that all extra
extra territorial
territorial powers
powers of the City
conferred
conferred by special
special act or otherwise
otherwise are preserved
preserved and can be repealed
repealed or modified
modified only
only by
referendum or as otherwise
referendum otherwise provided
provided by law.

Section 10.04.
Section Precedence over
10.04. Precedence over Code Provisions.
Code Provisions.

If a conflict
conflict exists
exists between
between the provisions
provisions of this
this Charter
Charter and the Code
Code of Ordinances,
Ordinances, the
Charter provisions
Charter provisions shall
shall control.
control.

Section 10.05. Officers

Section 10.05. Officers and Employees.
Employees.

The adoption
The adoption of this
this Charter
Charter shall
shall not affect
affect or impair
impair the rights,
rights, privileges
privileges or immunities
immunities
officers or employees
of City officers employees at the
thc time effective date
time of the effective datc of this
this Charter,
Charter, including
including rights
rights
provided for pursuant
provided pursuant to Chapter 447, Florida
Chapter 447, Statutes, and collective
Florida Statutes, bargaining agreements.
collective bargaining agreements.
Elected officers
officers shall continue to hold their offices
shall continue offices for the terms
terms prescribed
prescribed by the Charter
Charter in
effect
effect on the date
date of their election,
election, and they
they shall discharge
discharge their duties
duties until their successors
successors are
elected.
elected.

22
Section 10.06. Existing
Section 10.06. Existing Rights,
Rights, Obligations,
Obligations, Duties
Duties and
and Relationships.
Relationships.

(a) Continuity.
(a) Continuity. All rights,
rights, claims, actions, orders,
claims, actions, orders, contracts
contracts and legal
legal or administrative
administrative
proceedings
proceedings involving
involving the City shall continue except
shall continue except as modified
modified pursuant
pursuant to the provisions
provisions of
Charter.
this Charter.

(b) Obligations.
(b) Obligations. No debt,
debt, contract
contract obligation,
obligation, or assessment
assessment by the City shall
shall be
impaired
impaired by adoption this Charter.
adoption of this Charter. All existing debts, obligations
existing debts, obligations and assessments shall
assessments shall
remain
remain valid and enforceable,
enforceable, according
according to their terms,
terms, undcr
under the Charter
Charter provisions
provisions applicable
applicable at
the time
time the debt
debt was incurred,
incurred, contract
contract signed,
signed, or assessment
assessment imposed.
imposed. All obligations
obligations and
rights
rights arising
arising in connection
connection with projects
projects financed
financed under
under former
former Charter
Charter provisions
provisions shall
shall be
unaffected
unaffected and remain
remain in full force
force and effect
effect as if the borrowing,
borrowing, taxing,
taxing, bonding
bonding or other
other
financing provisions
financing provisions had survived
survived this
this adoption
adoption of this
this Charter.
Charter.

(c) Otlzer Gover~metitUnits.

Other Government Units. All existing
existing rights,
rights, obligations,
obligations, duties
duties and relationships
relationships by
agreement between
law or agreement between the City
City and other
other governmental
governmental units
units shall
shall be unaffected
unaffected by the
adoption of this
adoption this Charter
Charter and remain
remain in full force
force and effect.
effect.

(d)
(d) Comntencement
Commencement of of Terms
Terms for
for Year 2010 Elections.
Year 2010 Elections. The
The terms
terms for the Council
Council
Members and Mayor
Members Mayor elected
elected in the 20
2010
I 0 general
general election
election shall commence at noon
shall commence noon on the second
second
Monday of January
Monday January 201
20111 as provided
provided for in the former
former City
City Charter,
Charter, or on such
such earlier
earlier date
date as the
office
office becomes
becomes vacant
vacant after
after the 2010
2010 general
general election.
election. This
This provision
provision shall
shall be effective
effective solely
solely
for the purposes
purposes of transition
transition from the
the former
former City
City Charter
Charter to Section
Section 3.02
3.02 of this
this Charter.
Charter.

Section 10.07.
Section 10.07. Transition.
Transition.

The Council shall

The City Council shall adopt
adopt such
such ordinances
ordinances and resolutions
resolutions as are required
required to effect
effect the
transition.
transition. Ordinances
Ordinances adopted
adopted within
within sixty
sixty (60)
(60) days
days of the first Council
Council meeting
meeting under
under this
Charter
Charter for the purpose
purpose of facilitating
facilitating the transition
transition may be passed
passed as emergency
emergency ordinances
ordinances
following
following the procedures
procedures prescribed
prescribed by law.

Section
Section 10.08. Severability.
10.08. Severability.

section or part of a section

If any section section of this Charter shall
this Charter shall be held invalid
invalid by a court
court of
competent
competent jurisdiction,
jurisdiction, the court
court decision
decision invalidating
invalidating any section
section or part of section
section shall
shall not
affect
affect the remainder
remainder of this
this Charter
Charter or the context
context in which
which the invalidated
invalidated section
section or part of
section
section may appear,
appear, except
except to the extent
extent that an entire
entire section
section or part of section
section may be
inseparably
inseparably connected
connected in meaning
meaning and effect
effect with the section
section or part of section
section to which
which the court
court
decision
decision may directly
directly apply.
apply.

23