§ 4.2. Home rule charter amendments.

A.

Amendments proposed by the board of county commissioners. Amendments to this home rule charter may be proposed by ordinance adopted by the board of county commissioners by an affirmative vote of a majority of the total membership of the board of county commissioners, provided that any such amendment shall embrace but one (1) subject and matter directly connected therewith, subject to approval by a majority of those registered electors of Charlotte County voting in a referendum at the next general election.

B.

Amendments proposed by initiative.

(1)

The home rule charter may also be amended by initiative upon petition by a number of electors equal to at least ten (10) percent of the number of electors qualified to vote in the county as a whole in the last preceding general election, provided that any such amendment shall embrace but one (1) subject and matter directly connected therewith. A charter amendment proposed by initiative shall be placed on the ballot by resolution of the board of county commissioners for the general election occurring in excess of ninety (90) days from the certification by the supervisor of elections that the requisite number of signatures have been verified.

(2)

The sponsor of an initiative amendment shall, prior to obtaining any signatures, submit the text of the proposed amendment to the supervisor of elections, with the form on which the signatures will be affixed, and shall obtain the approval of the supervisor of elections of such form. The style and requirements of such form shall be specified by ordinance. The beginning date of any petition drive shall commence upon the date of approval by the supervisor of elections of the form on which signature will be affixed, and said drive shall terminate six (6) months after that date. In the event sufficient signatures are not acquired during the six-month period, the petition drive shall be rendered null and void and none of the signatures may be carried over onto another identical or similar petition. The sponsor shall submit signed and dated forms to the supervisor of elections, who shall within thirty (30) days verify the signatures thereon.

(3)

If approved by a majority of those electors voting on the amendment at the general election, the amendment shall become effective on the date specified in the amendment, or, if not specified, on January 1 of the succeeding year.

C.

Amendments and revisions by charter review commission.

(1)

A charter review commission consisting of fifteen (15) members and three (3) alternates shall be appointed by the board of county commissioners at least eighteen (18) months before the general election occurring in 2016 and at least eighteen (18) months before the general election occurring every six (6) years thereafter, to review the home rule charter and propose any amendments or revisions which may be advisable for placement on the general election ballot. No elected officer shall be a member of the charter review commission. The three (3) alternates shall be non-voting participants on the charter review commission and shall, in the order of their original selection by the county commission, fill vacancies on the charter revision commission. Additional vacancies on the charter review commission shall be filled within thirty (30) days in the same manner as the original appointments. Members and alternates of the charter review commission shall be a registered voter of Charlotte County and reside within the county for at least six (6) months immediately prior to the time of appointment and during the term of the appointment. Any member or alternate who shall remove his or her residency from Charlotte County shall be deemed to have resigned from the charter review commission.

(2)

The charter review commission shall meet for the purpose of organization within thirty (30) days after the appointments have been made. The charter review commission shall elect a chairman and vice chairman form among its membership. Further meetings of the commission shall be held upon the call of the chairman or a majority of the members of the commission. All meetings shall be open to the public. A majority of the members of the charter review commission shall constitute a quorum. The commission may adopt such other rules for its operations and proceedings as it deems desirable. Members of the commission shall receive no compensation but shall be reimbursed for necessary expenses pursuant to law.

(3)

Expenses of the charter review commission shall be verified by a majority vote of the commission and forwarded to the board of county commissioners for payment from the general fund of the county. The charter review commission may employ a staff, consult and retain experts, and purchase, lease, or otherwise provide for such supplies, materials, equipment and facilities as it deems necessary and desirable.

(4)

The charter review commission shall hold at least three (3) public hearings at intervals of not less than ten (10) days nor more than twenty (20) days on any proposed charter amendment or revision, and no charter amendment or revision shall be submitted to the electorate for adoption unless favorably voted upon by a majority of the entire membership of the charter review commission.

(5)

No later than ninety (90) days prior to the general election, the charter review commission shall deliver to the board of county commissioners the proposed amendments or revisions, if any, to the home rule charter, and the board of county commissioners shall place such amendment or revision on the general election ballot by resolution. If a majority of the electors voting on the amendments or revisions favor adoption, such amendments or revisions shall become effective on January 1 of the succeeding year or such other time as the amendment or revision shall provide.

(6)

If it does not submit any proposed charter amendments or revisions to the board of county commissioners at least ninety (90) days prior to the election, the charter review commission shall be automatically dissolved. Otherwise, upon acceptance or rejection of the proposed amendments or revisions by the electors, the charter review commission shall be automatically dissolved. Upon dissolution of the charter review commission, all property of the charter review commission shall thereupon become the property of the county.

(Res. No. 92-192, § 3(6, 7), 9-8-92; Res. No. 98-094, § 3(4), 7-28-98; Res. No. 2010-63, §§ 6, 9, 7-27-10)

Editor's note

Res. No. 92-192 was approved at an election held Nov. 3, 1992, with the amendments effective Jan. 1, 1993. Res. No. 98-094 was approved at an election held Nov. 3, 1998, with the amendments effective Jan. 1, 1999. Res. No. 2010-63 was approved at an election held Nov. 2, 2010, with the amendments effective Jan. 1, 2011.