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Cape council to hear proposed charter amendments

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The Cape Coral Charter Review Commission will present its amendment proposals to city council Wednesday.

Among them: Proposals to change how council members are elected and a big bump in pay for those elected.

The recommendations address charter sections 4.01 and 4.02 mayor and city council; 4.05 candidate qualifications and election; 4.06 mayor; mayor pro tem; 4.08 council and mayor; compensation, expenses; 4.11 vacancies; forfeiture of office; filling of vacancies and 4.12 judge of qualifications.

One of the biggest changes falls within the compensation and expenses section of 4.08. The proposal is to change the council members compensation from $32,600 to $70,000 per year and the mayor from $36,600 to $80,000 per year.

In addition, the proposed language states that the mayor and council “shall not increase the salary, any retirement benefit, any stipend, or any other type of compensation paid to its members, unless such increase is approved by ordinance, subject to public hearing and public comment, after a super-majority of at least six affirmative votes.”

Any increased would not go into effect until after the first city General Election following a vote to increase.

Perhaps the greatest change, though, would be a move from at-large elections to single-member districts.

The current language for 4.01 states that each member is elected by voters in each district, which differs from the proposed language of “council shall be composed of seven members elected by the qualified electors in seven single-member districts.”

The changes also address residency for candidates.

To be eligible to run for office, according to the proposed language of 4.02, “a candidate for council member shall have been continuous full-time resident of the district in which they are seeking office for the entire calendar year immediately preceding their qualification for office.”

The proposed language for 4.05 includes the submission of the required proof of residency. The proof includes “all candidates shall submit a sworn affidavit at the time of qualifying that provides their place of domicile or permanent legal address and affirms that they have met the residency requirements. That proof includes at least two of the following – voter’s registration, driver’s license or Florida identification card issued by the Florida Department of Highway Safety and Motor Vehicles, property tax receipt, homestead exemption, utility bill, or lease agreement.

As far as the mayor, mayor pro tem, 4.06, the proposed language would be the council member would be elected by a majority vote of the council to serve as the mayor pro tem at the first regular council meeting following the General Election.  

The vacancies proposed language changes from failing to attend three consecutive regular meetings, to three consecutive noticed City Council meeting of the Council.

In addition, if any seat on City Council becomes vacant for any reason, the vacancy would be filled under three areas. The first is if a vacancy “occurs causing an unexpired term of more than two years of duration, the vacancy shall be filed at a scheduled city General Election. The council can appoint by majority vote a person to hold office until a person is elected.

The second occurs if a vacancy occurs causing an unexpired term of less than two years, with the same filling of the seat. If a council fails to appoint an eligible replacement within 30 days, a special election will be called.

If there is not a quorum  – the members of the council may by majority action appoint additional members.

The last section addresses if a member is charged with conduct constituting grounds for forfeiture of office in 4.12. If found by a “supermajority of six affirmative votes of the council to have committed conduct constituting grounds for the forfeiture of their office, said member so charged shall be removed from office.”

The Charter Review Commission is a charter-designated board, appointed by council, at minimum, every six years.

The commission can only bring suggested amendments to Council. Council decides whether those proposed amendments should be placed on the ballot. Council can also modify the recommended amendments or bring forward proposed amendments of their own.

The workshop, which is open to the public, will be held at 9 a.m. Wednesday, Oct. 29, in City Council chambers, 1015 Cultural Park Blvd.