City of South Pasadena, FL
Pinellas County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
The City Commission shall consist of five (5) members who shall be elected from the City at large as provided in this Charter, one (1) of whom shall be elected as Mayor.
[Amended 6-13-1995 by Ord. No. 95-06, Ref. of 3-5-1996; 12-10-2019 by Ord. No. 2019-08, Ref. of 3-17-2020]
The election of City Commissioners, including the Mayor, shall be as provided by this Charter, general and special law and ordinances of the City. The terms of the City Commissioners, including the Mayor, shall be four (4) years.
No person shall be eligible to be a candidate for Mayor after serving three (3) consecutive terms as Mayor for the succeeding term. No person shall be eligible as a candidate for Commissioner who has been elected to three (3) consecutive terms as Commissioner for the succeeding term.
Any Commissioner is eligible to be a candidate for the next Mayoral general election cycle regardless of the number of terms in which they have been elected as a Commissioner. The Mayor, after three (3) consecutive terms will not be eligible to run for Commissioner for the succeeding general election cycle for Commissioner.
The calculation of consecutive terms shall commence on March 5, 1985.
[Amended 12-16-1986 by Ord. No. 86-18, Ref. of 3-3-1987; 6-13-1995 by Ord. No. 95-06, Ref. of 3-5-1996; 6-26-2001 by Ord. No. 2001-03, Ref. of 3-5-2002]
(a) 
The office of Commissioner, including the Mayor, shall become vacant upon death, resignation, removal from office in any manner authorized by law or forfeiture of office. Forfeiture of office shall be declared by a majority vote of the remaining members of the Commission.
(b) 
A Commissioner, including the Mayor, shall forfeit the office if the person lacks, at any time during the term of office, any qualification for the office prescribed by this Charter or by law.
(c) 
The Commission shall have the power and authority to remove any member of the Commission:
(1) 
For malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetence or permanent inability to perform the official duties;
(2) 
Upon conviction for a felony;
(3) 
Upon conviction for a misdemeanor related to the duties of office; or
(4) 
Upon conviction for the commission of any federal felony or misdemeanor.
(d) 
The Commission shall have the power and authority to suspend without pay any member of the Commission:
(1) 
For any cause sufficient for removal;
(2) 
Upon arrest for a felony;
(3) 
Upon arrest for a misdemeanor related to the duties of office; or
(4) 
Upon indictment or being informed against for the commission of any federal felony or misdemeanor.
(e) 
Any such suspension or removal shall only occur after reasonable notice to the Commission member being considered for suspension or removal, and such Commission member shall have been given an opportunity to be heard and present a defense.
(f) 
If the Commission member is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment or information by reason of which the person was suspended under the provisions of this section, the Commission shall forthwith revoke the suspension and restore such Commission member to office, and the member shall be entitled to and be paid full back pay and other emoluments or allowances to which the person would have been entitled for the full period of time of the suspension. If during the person's suspension, the term of office of the suspended Commission member expires and a successor is either appointed or confirmed, such back pay, emoluments or allowances shall only be paid for the duration of the term of office during which the suspended Commission member was suspended under the provisions of this section, and the person shall not be reinstated.
(g) 
A suspended Commission member may, at any time before removal, be reinstated by unanimous vote of the Commission in its discretion.
(h) 
The suspension of a Commission member by the Commission of the City of South Pasadena creates a temporary vacancy in such office during the suspension. Any temporary vacancy in office created by the suspension of a Commission member under the provisions of this section shall be filled by a temporary appointment to such office for the period of the suspension, not to extend beyond the term of the suspended Commission member. Such temporary appointment shall be made in the same manner and by the same authority as provided by § 2.03(k) or 2.03(l) of this article, as applicable.
(i) 
No Commission member who has been suspended from office under this section may perform any official act, duty or function during the suspension; receive any pay or allowance during the suspension; or be entitled to any of the emoluments or privileges of the office during the suspension.
(j) 
A member of the Commission shall be removed from the Commission upon the unanimous affirmative vote of the members forming the quorum present and taking part in the determination. The Commission, by a unanimous vote of the members forming the quorum present and taking part in the determination, shall have authority to suspend a member. The accused member shall not be entitled to participate in the deliberations or decision in relation to the suspension or removal. A quorum must be present and voting for the Commission to act under this section. For the purpose of this section, a quorum shall be constituted of four (4) voting members.
(k) 
If three or more members of the Commission are removed by death, disability or forfeiture of office, the Governor shall appoint interim Commission members who shall call a special election, and such election shall be held to fill the unexpired terms of Commission members. If necessary, the newly constituted Commission will appoint a Mayor and/or Vice Mayor.
(l) 
A vacancy in the membership of the Commission, including the Mayor, except a vacancy caused by resignation after a recall petition has been filed, shall be filled within thirty (30) calendar days after such vacancy occurs by a majority vote of the remaining Commission members by appointment of an eligible person. The City Commission shall determine the length of the appointed term and may set a special election to fill the unexpired term. In no event shall the City Commission appoint a member to serve longer than either the next general election in which the unexpired term can be filled or more than 15 months.
[Amended 12-10-2019 by Ord. No. 2019-08, Ref. of 3-17-2020]
(a) 
Each candidate for nomination and election as a member of the City Commission, including the Mayor, shall have been a resident of the City for one (1) year immediately prior to qualifying and shall be a duly qualified elector of the City at the time of qualifying for such office and be otherwise qualified as provided in this Charter and shall remain domiciled in the City for the term of the office for which the person was elected.
[Amended 6-13-1995 by Ord. No. 95-06, Ref. of 3-5-1996]
(b) 
The Commission shall be the judge of the election and qualification of its own members.
[Amended 6-13-1995 by Ord. No. 95-06, Ref. of 3-5-1996; 6-26-2001 by Ord. No. 2001-03, Ref. of 3-5-2002]
(a) 
The Mayor shall preside at meetings of the Commission and perform such other duties consistent with the office and this Charter as may be imposed by the Commission.
(b) 
The Mayor shall be recognized as the official head of the City for all ceremonial purposes and by the courts for the purpose of serving civil processes.
(c) 
The Mayor shall represent the City in agreements with other governmental entities or certifications to its governmental entities and execute contracts, deeds and other documents. The Mayor shall be the Commissioner of Administration, and shall be responsible for all other duties not specifically assigned to one of the other Commissioners.
(d) 
During the temporary absence or temporary disability of the Mayor, the duties shall be performed by the Vice Mayor. In the event of the death or removal or resignation of the Mayor, the Vice Mayor shall assume the duties of the Mayor until the vacancy thereby created shall be filled as per § 2.03 of this Charter.
[Amended 4-21-1987 by Ord. No. 87-08, Ref. of 3-1-1988; 1-19-1988 by Ord. No. 87-25; 10-17-1989 by Ord. No. 89-20, Ref. of 3-6-1990; 6-26-2001 by Ord. No. 2001-03, Ref. of 3-5-2002; 12-10-2019 by Ord. No. 2019-08, Ref. of 3-17-2020]
The Mayor, at a regular Commission meeting following each annual regular election, shall appoint a Vice Mayor who shall be confirmed by a majority vote of the Commission. In the case of a Vice Mayor being removed by death, disability or resignation, the Mayor, at a special Commission meeting, shall appoint a Vice Mayor who shall be confirmed by majority vote of the Commission.
[Amended 6-13-1995 by Ord. No. 95-06, Ref. 3-5-1996]
The Commission shall meet regularly at least once every month at such times and places as the Commission may prescribe by rule. Special meetings may be held at the call of a majority of the members, and whenever practicable, upon thirty-six (36) hours' notice to each member and the public. Emergency matters may be acted upon without notice when authorized by a majority vote of the entire City Commission. Unless otherwise specified, all other action of the Commission shall be by affirmative vote of the majority of a quorum present. The Commission shall establish rules and order of business. A majority of the City Commission shall constitute a quorum.
[Added 7-16-1985 by Ord. No. 85-17, Ref. of 3-4-1986; amended 6-13-1995 by Ord. No. 95-06, Ref. 3-5-1996; 11-24-1998 by Ord. No. 98-12; 11-28-2006 by Ord. No. 2006-08[1]; 11-8-2016 by Ord. No. 2016-12[2]; 11-12-2019 by Ord. No. 2019-05[3]; 12-10-2019 by Ord. No. 2019-08, Ref. of 3-17-2020]
Salaries of the Mayor and Commission shall be as follows:
Mayor: $1,041.66 per month.
Commissioners: $791.61 per month.
These salaries shall remain in effect until amended by ordinance, however, per resolution, the Mayor and Commissioners are eligible to receive the same cost of living increase as other City employees. Ordinances proposing salary adjustments shall only be adopted during the month of November and must have an effective date of January 1 of the following year. Adoption of any such ordinance shall require approval by a super majority of the entire Commission (4 of 5). Any increase or decrease must be applied uniformly to the Mayor and Commissioners. Salaries shall be reviewed every six (6) years by a Charter Review Committee.
[1]
Editor's Note: This ordinance also provided that it shall become effective 1-1-2007.
[2]
Editor’s Note: This ordinance also provided that it shall become effective 1-1-2017.
[3]
Editor's Note: This ordinance also provided that it shall become effective 1-1-2020.