ELECTED COUNTY MAYOR POLITICAL COMMITTEE, INC. v. Shirk

989 So. 2d 1267, 2008 WL 4181135
CourtDistrict Court of Appeal of Florida
DecidedSeptember 12, 2008
Docket2D08-3882
StatusPublished
Cited by2 cases

This text of 989 So. 2d 1267 (ELECTED COUNTY MAYOR POLITICAL COMMITTEE, INC. v. Shirk) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ELECTED COUNTY MAYOR POLITICAL COMMITTEE, INC. v. Shirk, 989 So. 2d 1267, 2008 WL 4181135 (Fla. Ct. App. 2008).

Opinion

989 So.2d 1267 (2008)

ELECTED COUNTY MAYOR POLITICAL COMMITTEE, INC., Appellant/Cross-Appellee,
v.
James E. SHIRK, Appellee/Cross-Appellant, and
Buddy Johnson, Supervisor of Elections, Hillsborough County, Florida, in his official capacity, Appellee/Cross-Appellee.

No. 2D08-3882.

District Court of Appeal of Florida, Second District.

September 12, 2008.

*1268 Barry Richard and Glenn T. Burhans, Jr., of Greenberg Traurig, P.A., Tallahassee, for Appellant/Cross-Appellee.

Ronald G. Meyer and Jennifer Blohm of Meyer and Brooks, P.A., Tallahassee, for Appellee/Cross-Appellant James E. Shirk.

Kathy Harris, General Counsel and Chief of Staff, Office of Hillsborough County Supervisor of Elections, Tampa, and Peter Antonacci and Allen Winsor of GrayRobinson, P.A., Tallahassee for Cross-Appellee Buddy Johnson.

PER CURIAM.

In this expedited appeal, codefendant Elected County Mayor Political Committee, Inc. (the Sponsor), challenges a final declaratory judgment removing a proposed amendment to the Hillsborough County Charter from the ballot for the November 2008 general election.[1] The plaintiff below, James Shirk, cross-appeals those portions of the judgment adverse to his position. We affirm the appeal and reverse the cross-appeal. In effect, our decision approves the circuit court's determination to remove the proposed County Charter amendment from the ballot for the upcoming general election.

I. Background

Section 8.03 of the Hillsborough County Charter sets forth the requirements for amending the County Charter by citizen initiative.[2] In April 2006, the Sponsor[3] submitted a copy of a petition to the Supervisor *1269 of Elections for approval to commence a petition drive. The petition contained the following language relevant to this appeal:

CHARTER AMENDMENT PETITION FORM
I am a registered voter of Florida and hereby petition the Supervisor of Elections Hillsborough County to place the following amendment to the Hillsborough County charter on the ballot in the next general election.
[Here followed spaces to be filled in by the voter giving name, address, etc., plus a signature line and space to insert the date of signing.]
BALLOT TITLE: REPLACING THE CURRENT APPOINTED ADMINISTRATOR WITH A NONPARTISAN ELECTED COUNTY MAYOR.
BALLOT SUMMARY: Shall the Hillsborough County Charter be revised to replace the office of an appointed County Administrator for a nonpartisan elected County Mayor; limited to two consecutive terms; specifying executive functions, powers and duties; specifying that the County Mayor will not be a member of the Board.
This amendment will take effect upon passage by the voters.

Following this appeared the full text of the proposed amendment, with strikeouts and underlining that indicate language removed and new language, respectively:

V. Executive Branch: Elected County Mayor Administrator
Section 5.01 Elected County Mayor Administrator
The executive responsibilities and powers of local self government of the county not inconsistent with this Charter shall be assigned to and vested in the an elected County Mayor administrator. The Executive Branch shall be composed of an elected County Mayor, the officers and employees of the administrative offices and executive divisions established by this Charter or created by the Board. One or more assistant county administrators may be appointed by the County Mayor administrator with the advice and consent of the board and shall serve at the pleasure of the County Mayor administrator.
*1270 Section 5.02 Administrative Organization.
All functions of the executive branch shall be allotted among not more than ten divisions or offices. Each division or office shall be administered by a division or office head in accordance with the administrative code. Each division or office shall be appointed by the County Mayor administrator with the advice and consent of the board and shall serve at the pleasure of the County Mayor administrator. Each division or office head shall report to and be responsible to the County Mayor administrator or designated assistant county administrator. The County Mayor administrator may, as allowed by ordinance, require one division or office to undertake a task of another division or office on a temporary basis or until the board provides otherwise.
Section 5.03 County Mayor Administrator; Qualifications; Election; Appointment; Term of Office; Compensation.
(1) The County Mayor administrator shall be a full-time position combining both the duties of ceremonial head and operational head of the county. officer who holds a masters degree in public administration, management, or related field, shall have three years of executive or management experience in public administration. The County Mayor county administrator shall be elected at large and shall not be a member of the board of county commissioners. The term of office shall be for a term of four years not to exceed two consecutive terms and will commence on the second Tuesday of January in the year following the election. appointed by an affirmative vote of not less than five members of the board of county commissioners and may be removed at any time by an affirmative vote of not less than five members of the board or upon the affirmative vote of four (4) members at each of two (2) regular meetings not less than thirteen (13) days apart and no more than twenty-eight (28) days apart. The County Mayor shall be administrator need not be a registered voter and a resident of the county at the time of election to office and throughout the term of office, appointment, but shall within a reasonable time become and remain while in office a resident of the county. The non-partisan primary and general election of the County Mayor shall be held in even number years, beginning with the general election held in the year 2008. The County Mayor administrator shall not engage in any other business or occupation.
(2) The compensation of the Mayor administrator shall be fixed by the board of county commissioners by ordinance at a level which is commensurate with the requirements of the position. The county administrator's compensation, including severance pay, may be set by contract if allowed by and pursuant to the ordinance.
(3) The office of County Mayor administrator shall be deemed vacant if the incumbent: takes up residence outside the county; is by death, illness, resignation, refusal of the Mayor to serve, removal, or other casualty or reason unable to continue to perform the duties of his office; or resigns. Or is removed by the board of county commissioners in the manner prescribed in Section 5.03(1). A vacancy in the office shall be filled in accordance with state law, the same manner as the original appointment. The board of county commissioners may appoint an interim administrator in the case of vacancy, temporary absence, or disability of the present administrator until a successor *1271 has been appointed and qualified or the administrator returns.
Section 5.04 Political Activity by Administrator Duties. The County Mayor shall have the following powers and duties:

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Cite This Page — Counsel Stack

Bluebook (online)
989 So. 2d 1267, 2008 WL 4181135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elected-county-mayor-political-committee-inc-v-shirk-fladistctapp-2008.