§ 3.08. Vacancies; forfeiture of office; other penalties.

(a)

Vacancies. The office of a commissioner shall become vacant upon the commissioner's death, resignation, removal from office in any manner authorized by law, or the forfeiture of office.

(b)

Forfeiture of office. A commissioner shall forfeit his or her office if that commissioner:

(1)

Lacks at any time during the commissioner's term of office any qualification for the office prescribed by this Charter or by the laws of the State of Florida.

(2)

Is convicted by a court of law of violating any standard of conduct or code of ethics established for public officials by the State of Florida.

(3)

Fails to attend three consecutive regular commission meetings or six regular commission meetings in any twelve-month period without reasonable cause. Reasonable cause shall be determined by the remaining members of the commission.

(4)

Violates Florida Statutes 112.3143, which prohibits voting conflicts, if a violation is determined by the Florida Commission on Ethics.

(5)

Forfeiture of office as prescribed herein shall be determined by a majority vote of the remaining members of the commission.

(c)

Other penalties. If a commissioner violates Section 3.07, Prohibitions, contained within this Charter, the remaining commissioners, by a unanimous vote, may issue a public reprimand, pursuant to ordinance(s) as established by the city commission, or as otherwise prescribed by the laws of the State of Florida. At a minimum, the ordinance(s) shall require: the adoption of a charging resolution, an independent investigation, and the filing of a report of the investigation. The city commission may impose a lesser penalty than a public reprimand, if deemed appropriate by the remaining commissioners, and if permitted by the laws of the State of Florida.

(d)

Extraordinary vacancies. In the event that all members of the commission are removed by death, disability, or forfeiture of office, the governor shall appoint an interim commission that shall call a special election as provided by Ordinance and such elections shall be held in the same manner as the first election under this Charter.

(e)

If a vacancy occurs in the office of mayor:

(1)

The vice mayor shall assume the position of mayor immediately upon the declaration of a vacancy by three (3) members of the commission, with the vice mayor being permitted to vote. The vice mayor shall serve as mayor until the vacancy in the office of mayor is filled.

(f)

Vacancies. All other provisions relating to vacancies in the office of commissioner or mayor shall be set by ordinance.

(Ord. No. 95-137, § 1, 7-24-95; Ord. No. 08O-06-126, § 1, 6-30-08; Ord. No. 10O-07-141, § 1, 8-30-2010)