Results are in!
The votes of the February 24 Special Election have been tallied and the results have been certified by Orchid's own Canvassing Board. The referendum to adopt the comprehensive update to the Town Charter passed.
By the numbers:
In favor: 129 (97.73%)
Against: 3 (2.27%)
Total ballots cast: 133
Registered voters: 531
Voter turnout: 25.05%
(There was one blank ballot.)
What is the Charter?
This is the Town’s foundational legal document, addressing basic, but important, aspects of its structure, powers and procedures. The Charter should aim to be a clear reflection of our community and provide a “rulebook” for this small local government charged with meeting unique local needs.
Why was a comprehensive update considered?
The Charter was last wholly updated back in 1988. While several piecemeal adjustments have been made since then, the Charter hasn't enjoyed a full, all-inclusive review in nearly four decades. A lot about the Town has changed in that time!
What was in the update?
The amendments were proposed throughout the Charter in a manner aimed to ensure our Town operates within a clear, current, and effective framework. The updates refine and restructure existing provisions to address well-known practical concerns, as well as to include new best practices for a small, but modern, municipality.
What was on the ballot?
The comprehensive update for the Town's Charter was distilled into just one question:
The Town’s Charter was last replaced in 1988 to address the changing nature of the community at that time. The community has evolved a great deal more since then. Updating of the Charter is proposed to better reflect the Town now, to clarify and reorganize existing provisions, streamline processes, incorporate new best practices, and align the Charter with current state law. Shall the above Charter Amendment be adopted?
Yes for Adoption
No for Rejection
The whole Charter did not appear on the ballot. But, it was made available to voters months ahead of the special election:
- Clean Version: This version, incorporating all changes without legislative markings, is available below on this same page.
- Current Charter: The existing Charter is available as Part 1 of the Town’s online Code of Ordinances.
- Redline/Marked Copy: The original Charter with all the changes indicated with strikethrough and underline.
- Printed Copies: Printed copies of any of the above are available from Town Hall also.
Adopted Charter inclusive of all proposed amendments
ARTICLE I. - CORPORATE EXISTENCE, FORM OF GOVERNMENT, BOUNDARY, AND POWER
Sec. 1.01. - Corporate Existence, Form of Government, and Charter.
The Town of Orchid in Indian River County, Florida, which was created by the Florida Legislature in 1965, shall continue as a municipal corporation with a Council-Manager form of government and with this document as the Charter for the Town.
Sec. 1.02. - Description of Corporate Boundary.
The area described in Appendix A of this Charter, on file at Town Hall, as may be amended through annexation and contraction, shall constitute the corporate boundary of the Town of Orchid.
Sec. 1.03. - General Powers of Town.
The Town shall have all governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions, and render municipal services and may exercise any power for municipal purposes except as expressly prohibited by law or this Charter.
Sec. 1.04. - Construction.
The powers of the Town shall be construed liberally in favor of the Town, limited only by constitutional, general and special law, and specific limitations in this Charter.
Sec. 1.05. - Severability and Amendment.
(a) Severability. If any article, section, paragraph, sentence, clause, phrase, or word of this Charter is, for any reason, held or declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such holding or declaration shall not be construed to affect those portions of this Charter not so held or declared, it being hereby declared to be the express intent of the citizens of the Town of Orchid that the remaining constitutional and valid portions of this Charter shall remain in effect.
(b) Amendment. This Charter may be amended in accordance with the provisions for Charter Amendments as specified in the Municipal Home Rule Powers Act, F.S. ch. 166, or its successor and in Section 4.04 of this Charter. The form, content, and certification of any petition to amend shall be established by ordinance.
ARTICLE II. - TOWN COUNCIL
Sec. 2.01. - Composition of Town Council.
There shall be a Town Council of five (5) members elected at large by the electors of the Town. Only a qualified elector of the Town shall be eligible to be a member of the Town Council.
Sec. 2.02. - Election.
The election of Town Councilmembers (“regular election”) shall be held biennially on Tuesday every other year (“election year”) after the first Monday in November to coincide with the Florida gubernatorial and United States presidential election in the manner provided in Article IV of this Charter. Maintaining the current regular election schedule, in 2026, three Town Council seats will be up for election, and, in 2028, the two other seats will be up for election. This staggering of terms shall continue thereafter. All Councilmembers will be elected for four (4) year terms; provided, however, when a vacancy occurs, a Councilmember elected to that seat may be elected to serve fewer than four years depending on when the vacancy occurs. Vacant seats shall be filled by appointment or election pursuant to Section 2.08. Under no circumstances shall the filling of a vacancy cause the aforementioned regular staggering of terms to be disrupted. No election shall be required if the number of seats to be filled at the election is equal to or greater than the number of duly qualified candidates for Council seats.
Sec. 2.03. - Oath.
After election or appointment and before taking office each Councilmember of the Town shall swear or affirm:
"I do solemnly swear (or affirm) that I will support, honor, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State and under the Charter of the Town of Orchid; and that I will well and faithfully perform the duties of Councilmember on which I am now about to enter, (so help me God)."
Sec. 2.04. - Compensation of Town Council.
The Mayor and the members of the Town Council shall serve without compensation.
Sec. 2.05. – Mayor and Vice-Mayor.
(a) Appointment. Annually, the Town Council shall hold an organizational meeting at which the Town Council shall appoint by majority votes a Mayor and Vice-Mayor from the sitting Councilmembers. In election years, the seating of newly elected Councilmembers shall precede the aforementioned appointments. When an election for seats on the Town Council is held, such organizational meeting shall be the first meeting following certification of the results of the election. If no certification is applicable, such a meeting shall take place at the first meeting following the election. In non-election years, the meeting shall occur at the first meeting on or following November 1. The organizational meeting may be a regular or special meeting of the Town Council, and shall be opened by the Town Clerk, who shall swear in new Councilmembers, if any, and preside over the meeting until a Mayor, Vice-Mayor or Mayor pro tempore is appointed.
(b) Refusal and resignation of office. A nominated Mayor or Vice-Mayor may refuse appointment to such office, or, once in office, may resign from such office, and remain on the Town Council as a member during the remainder of his or her elected term.
(c) Duties. The Mayor shall preside at meetings of the Town Council and shall be recognized as head of the Town government for service of process, ceremonial matters, and execution of contracts, deeds and other documents, and shall have limited executive responsibilities as may be established by ordinance of the Town Council. The Mayor, while in attendance at a Council meeting, shall have the right to vote on all matters before the Town Council, except as may be limited by state law.
(d) Absences. The Vice-Mayor shall act as Mayor during the temporary absence or incapacity of the Mayor. If a vacancy occurs in the office of Mayor, the Vice-Mayor shall automatically become Mayor until the next regular annual appointment of Mayor in accordance with subsection (a). A Vice-Mayor shall be appointed by majority vote of the Town Council when the position of Vice-Mayor becomes vacant, including when the Vice-Mayor becomes Mayor. In the temporary absence of the Mayor and Vice-Mayor, the remaining Councilmembers shall select a Mayor pro tempore. In the event that both the offices of the Mayor and Vice-Mayor become vacant, then the Town Council shall appoint a Mayor and Vice-Mayor to serve in those capacities until the next regular annual appointment of Mayor and Vice-Mayor in accordance with subsection (a).
Sec. 2.06. - General Powers of Town Council.
All powers of the Town shall be vested in the Town Council except those powers specifically given to the Charter Officers or specifically reserved by this Charter to the electors of the Town. The Town Council may create boards, committees, commissions, authorities, and agencies as is deemed desirable. The powers and duties of such boards, committees, commissions, authorities, and agencies shall be as prescribed by ordinance and/or resolution adopted by the Town Council.
Sec. 2.07. - Council-Employee Relationship.
Neither the Town Council nor any of its members shall in any manner dictate the appointment or removal of any Town employee except the Charter Officers, nor shall the Town Council or any of its members give orders to any employee other than Town Council orders to a Charter Officer. The Town Council or its members shall deal on all matters through the appropriate Charter Officer.
Sec. 2.08. - Filling of Vacancies.
(a) Vacancies. The office of a Councilmember shall become vacant in accordance with general law, as well as upon death, resignation, becoming unqualified as an elector of the Town, or if a Councilmember is absent from four (4) consecutive regular Town Council meetings without being excused by majority vote of the Town Council prior to the end of the meeting at which the Councilmember is absent for the fourth consecutive time.
(b) Filling of vacancies. A vacancy on the Town Council, including those that may occur when there are fewer candidates than seats up for election, shall be filled by a majority vote of the remaining members of the Town Council, including when the membership of the Town Council is reduced to less than a quorum. A person appointed to fill a vacant seat shall hold office until the next regular election at which time the seat shall be put up for election; provided, however, if a vacancy occurs after the commencement of the qualifying period for the next regular election and it will not be resolved by that election (due to, for example, the seat not being up for election at the time of qualifying or a lack of candidates), the appointee shall then serve until the following regular election, at which time the seat shall be put up for election. If any appointment will exceed twelve (12) months, the Town Council may, at any time during the vacancy or tenure of the appointee, by majority vote call for a special election to be held for the seat, and the appointee to such a seat shall then only serve until the date of that special election. If a seat has an unexpired term when it is up for election, the seat shall be elected only for the remainder of that current term to preserve the regular staggering of terms. In the event that all seats on the Town Council become vacant, the Town Clerk shall schedule a special election for the election of an interim Town Council, which shall serve until the next regular election. Such special election shall be held as soon as is practicable, in coordination with the Indian River County Supervisor of Elections, unless the next regular election will occur within that timeframe. When seats of different term lengths are up for election as a result of vacancies, assignment of the terms shall be determined based on the number of votes, with the greatest number receiving the longest term, but if there is a tie or if no voting shall be required because the number of seats to be filled is equal to or greater than the number of candidates, then the terms shall be assigned by drawing lots; provided, however, that incumbents, including appointees, upon election, shall be elected to their own seats. The Town Council shall prescribe by ordinance procedures for filling vacancies by appointment, regular election, and special election.
Sec. 2.09. - Town Council Meetings.
(a) Time and place of regular meetings. The Town Council shall meet regularly at such times and places as the Council shall prescribe by resolution, such regular meetings to be subject to cancelation, or rescheduling, and/or relocation, with notice to the public on the Town’s website or other appropriate venue.
(b) Special meetings. Special meetings may be held at the request of any Councilmember or the Town Manager, and, whenever practicable, shall provide for not less than twelve (12) hours’ notice to each Councilmember and the public.
(c) Quorum. A majority of the Town Council shall constitute a quorum. No action of the Town Council shall be valid unless adopted by the affirmative vote of at least three (3) members of the Town Council, except as provided in Section 2.08, or unless there are vacancies in two or more seats of the Town Council, in which case the affirmative vote of a simple majority of the remaining Councilmembers shall be necessary.
(d) Voting. Voting on ordinances and resolutions shall be by roll call and shall be recorded in the minutes of the meeting by the Town Clerk.
(e) Rules. The Town Council shall determine its own rules and order of business, and shall prescribe by resolution parliamentary procedures applicable to the Town Council and its boards, committees, commissions, authorities, and agencies.
(f) Remote attendance. Any Town Councilmember may attend a Town Council meeting by telephone conferencing or other technology which permits the Member to hear all discussion by all other Town Councilmembers and by the public, and which also permits the public to hear all comments by the Town Councilmember who is attending remotely. Action of the Town Council shall be valid when such action is adopted by an affirmative vote pursuant to subsection (c) of this Section 2.09 regardless of whether voting Councilmembers are physically present or attending by telephone conferencing or other technology, to the extent permitted by law.
Sec. 2.10. - Budget Adoption.
The Town Council shall adopt an annual budget for the Town by resolution before October 1 of each year. A resolution adopting an annual budget shall constitute appropriations of the amounts specified as expenditures from the funds indicated and shall constitute a levy of the property tax proposed. Budget amendments that change the total appropriations in a fund shall be adopted by resolution.
ARTICLE III. - CHARTER OFFICERS
Sec. 3.01. - Designation.
The Town Manager and Town Clerk are designated Charter Officers.
Sec. 3.02. - Appointment.
The Charter officers shall be appointed by the Town Council and shall serve at the pleasure of the Town Council. After appointment, Charter Officers of the Town shall swear or affirm:
"I do solemnly swear (or affirm) that I will support, honor, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State and under the Charter of the Town of Orchid; and that I will well and faithfully perform the duties of (title of office) on which I am now about to enter, (so help me God)."
Sec. 3.03. - Town Manager - Powers and Duties.
The Town Manager serves at the pleasure of the Town Council in the roles of Chief Executive Officer and Chief Financial Officer of the Town, and is responsible for the management of the affairs of the Town, including the efficient and effective day-to-day operation of the Town's administration, as well as the management of the long-term and future needs of the Town, financial and otherwise. The Town Manager provides professional leadership in the execution of local laws, policies, and procedures established by the Town Council, as well as by state statute, and federal regulation. The Town Manager shall attend all meetings of the Town Council and its boards, committees, commissions, authorities, and agencies, unless extenuating circumstances exist, and shall have the right to take part in discussions and make recommendations concerning the business of the Town, but not vote. The Town Manager is responsible, in coordination with staff and third parties as necessary, for the lawful implementation of the priorities and directives of the Town Council. The Town Manager shall supervise, direct, and manage Town staff in accordance with the personnel manual established by the Town Council. Annually, the Town Manager shall prepare and submit a proposed budget and capital program to the Town Council in accordance with state law.
Sec. 3.04. - Town Clerk - Powers and Duties.
The Town Clerk, as a Charter Officer, is subject to the direction of the Town Council and, in the simultaneous capacity of Assistant to the Town Manager, shall also be subject to the direction of the Town Manager. The Town Clerk shall give notice of all Town meetings to the Councilmembers and the public as required by law and shall attend all such meetings in person or by designee and shall keep minutes of the proceedings. The Town Clerk, or his or her temporary designee, shall authenticate by signature the approved minutes taken at Town meetings, and shall attest to the signature(s) of the Mayor, Vice-Mayor and other Councilmembers on all ordinances, resolutions, and other Town documents as may be necessary. The Town Clerk shall be the custodian of records for the Town as its Records Management Liaison Officer/Manager, and the local Supervisor of Elections. The Town Clerk shall be responsible for swearing in newly elected and appointed Councilmembers, as well as taking an oath from witnesses at quasi-judicial proceedings. The Town Clerk shall perform such other duties as required by law. The Town Clerk shall be designated to exercise the powers and perform the duties of the Town Manager during any prolonged absence or incapacity of the Town Manager, except that the Town Council may appoint another eligible person, other than a currently sitting Councilmember, to serve as Acting/Interim Town Manager.
ARTICLE IV. - ELECTIONS
Sec. 4.01. - Electors.
Any person who has qualified as an elector of the Town by registering with Indian River County’s Supervisor of Elections Office in the manner prescribed by law shall be an elector of the Town.
Sec. 4.02. - Nonpartisan Elections.
All elections for the Office of Town Councilmember shall be conducted on a nonpartisan basis without any designation of political party affiliation, unless otherwise required by state law.
Sec. 4.03. - Qualifying.
Candidates for Office of Town Councilmember shall qualify by filing a written notice with the Town Clerk at such time and in such manner, and complying with all other applicable requirements, as may be prescribed by ordinance or state law.
Sec. 4.04. - Form of Ballots.
(a) Candidates. The Town Council shall prescribe the form of the ballot by ordinance, including the method of listing candidates for Town Council election.
(b) Charter Amendment. This Charter may be amended, by action of the Town Council at its own initiative and by electors through a petition process, in accordance with the provisions for Charter Amendments as specified in the Municipal Home Rule Powers Act, F.S. ch. 166, or its successor, and as further prescribed by ordinance. A Charter Amendment to be voted on by the electors of the Town shall be presented for voting by ballot title. The ballot title of a measure shall consist of two parts: (1) a caption by which the measures is commonly referred to or spoken of and (2) a summary which shall be a clear, concise statement describing the substance of the measure without argument or prejudice and shall be styled in such a manner that a "yes" vote will indicate approval of the proposal and a "no" vote will indicate rejection. Below the ballot title shall appear the following question: "Shall the above Charter Amendment be adopted?" Immediately below such question shall appear in the following order, the words "Yes” and "No" with a sufficient blank space or other appropriate design for a voter to indicate his or her selection.
Sec. 4.05. - Election Results, Special Elections and Notice of Elections.
(a) Election of Town Councilmembers. At all elections of Town Councilmembers, the candidates receiving the greatest number of votes corresponding to the number of seats voted upon shall be elected. If there is a tie vote for winner(s), the tied candidates shall draw lots to determine who shall be elected to the seat or seats on the Town Council.
(b) Special election. The Town Council, in coordination with the Indian River County Supervisor of Elections as may be necessary, by ordinance, shall fix the time for holding a special election, unless the special election is held because of vacancies in all Town Council seats (see Section 2.08). The Town Council may by the same ordinance prescribe the manner of the election (for instance, by vote-by-mail only, as may be permitted by state law).
(c) Public notice. The Town Clerk shall cause all elections held pursuant to this Charter to have at least thirty (30) days' notice to the public of election, except when the Indian River County Supervisor of Elections has been retained to run the election on behalf of the Town and advertises the election pursuant to state law.
Sec. 4.06. - Town Canvassing Board.
(a) Composition. When a Town election is not being conducted by the Indian River County Supervisor of Elections in conjunction with county, state, or federal elections, the Town Canvassing Board shall be automatically constituted and shall be composed of the Charter Officers and the Town Attorney, with the Town Manager acting as Chair and the Town Clerk as Vice-Chair. Vacancies on the Town Canvassing Board may be filled by appointment with a majority vote by the Town Council. An appointee shall not be a current Councilmember or candidate for Council.
(b) Certification of Elections. At the close of the polls of any Town election for which the Town Canvassing Board was automatically constituted, or as soon thereafter as practicable, the Board shall prepare or cause to be prepared and sign a certificate containing the total number of votes cast for each candidate or measure voted on. The certificate shall be placed on file with the Town Clerk. Other responsibilities of the Town Canvassing Board shall be determined in coordination with the Indian River County Supervisor of Elections and subject to state and local law.
(c) County Canvassing Board. When a Town election is being conducted by the Indian River County Supervisor of Elections in conjunction with county, state, or federal elections, the County’s Canvassing Board shall have jurisdiction.
Sec. 4.07. - Recall.
Any member of the Town Council may be removed from office by the electors of the Town following the procedures for recall established by general law.
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