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CITY COUNCIL MEETING

MINUTES

SPECIAL SESSION

224 S. Jefferson StreetPerry, Florida

May 30, 2001

MEMBERS PRESENT: Shirley Scott, Bill Alexander, Richard Frith, Don Cook

STAFF PRESENT: Bill Brynes, Barney Johnson, Wayne Putnal, Billy LaValle, George Stamos, BillBlue, Annette Anderson

Mayor Frith called the meeting to order. Councilmember Scott led those attending the meeting in

prayer. Mayor Frith led the group in the Pledge of Allegiance to the Flag. The secretary then called

the roll.

PRESENT ABSENT

Councilmember Cook XCouncilmember Alexander XCouncilmember Scott XMayor Frith X

SUBJECT OF MEETING:

CITY COUNCIL MEMBERS TO REVIEW QUALIFICATIONS FOR CITY COUNCIL SEAT.

Mayor Frith opened the meeting and asked City Manager Bill Brynes to review information regardingthe list of candidates for District IV and District V for the 2001 City Election. Mr. Brynes said on

May 25, 2001, he received a memo from Supervisor of Elections Molly Hendry Lilliott listing five

candidates who had filed paperwork to run for the District IV and District V seats on the City Council.

Mr. Brynes said Ms. Lilliott had asked that her office be notified by noon May 29, 2001, if these

candidates met the qualifications. Mr. Brynes said under Section 2.02 (B) of the City Charter, the City

Council has sole discretion in determining whether or not candidates have met the qualifications for

election to the Council, thus, the reason for this special meeting. Mr. Brynes told the Council there is

somewhat of an urgency in that the election voting equipment has been decertified and there currently

is no new equipment. Mr. Brynes said a decision is needed as soon as possible if the election office is

to obtain ballots from a printer.

Mr. Brynes noted the residency requirements under Section 2.02 of the Charter for those seeking to

qualify for election to a Council seat i. e. Any qualified elector at the time of qualifying as aforesaid

shall file with the city manager a sworn statement setting forth his or her name, address, that he is a

qualified elector that he or she has resided within the corporate limits of the City of Perry and within

the boundaries of the district for which the candidate qualifies for not less than six (6) months prior to

the date of qualification and a willingness to serve if elected.

City Attorney Bill Blue told the Council each of the five candidates went to the Supervisor of

Elections office between noon May 21, 2001 and noon May 25, 2001 to qualify. Mr. Blue said each

received a packet containing forms consisting of a loyalty oath, which reads: I, the undersigned

candidate am qualified under the laws of Florida to hold office which I desire to be nominated. Mr.

Blue said this does not specify any provision of the City Charter with respect to residency or anything


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Page 2, May 30, 2001, City Council Minutes-Special Session

else. Mr. Blue said since this issue has arisen, other issues have arisen. Mr. Blue expressed there may

be some issue of residency qualification. Mr. Blue said one question is What is the time for

qualifying. Mr. Blue said the time advertised and recorded in the local paper was noon on May 21,

2001 through noon May 25, 2001. Mr. Blue said in speaking with the Supervisor of Elections, this is

the practice that has been used for a number of years. Mr. Blue explained the time of May 21 and May

25 is based on Florida Statutes 105.031 (1), which reads: Except for candidates for judicial office,

nonpartisan candidates for multi-county office shall qualify with the Division of Elections of the

Department of State and nonpartisan candidates for countywide or less than countywide office shall

qualify with the supervisor of electionsCandidates shall qualify no earlier than noon of the 50 th day,

and no later than noon of the 46

th

day, before the first primary election (which is July 10). Mr. Bluesaid 50 days prior to this is May 21 and 46 days prior is May 25, which is the time frame used in the

past. Mr. Blue commented that, arguably, the Charter alters the time period for qualifying. Mr. Blue

pointed out that Section 2.02 (A) of the Charter states: Any qualified elector of the city who meets

the foregoing qualifications may qualify for election to a council seat by designating the district

number in which such person resides and for which he desires to run and by paying such filing fee as

the City Council may prescribe, by ordinance, to the city manager not less than thirty (30) days nor

more than forty-five (45) days prior to the date of such election. Mr. Blue said this means that none

of the individuals have done this, since the date of election is July 10, 2001. Mr. Blue explained that

the issue is keen because Mr. John N. Weed has indicated he is a prospective candidate for election.

Mr. Blue said Mr. Weed wrote in a letter to the city manager that if May 25 is the cut-off date then he

missed it (cut-off date) by two days. Mr. Blue said if this (May 25) is not the cut-off date, Mr. Weed

has not missed it. Mr. Blue said the Council must decide which dates are to be used as qualifying. Mr.

Blue said if the Council stays with the period of qualifying as has always been done in practice, the

Council must say Mr. Weed does not qualify. But, if Council decides to use the other time period, Mr.

Weed would qualify. Mr. Blue reminded the Council advertising for qualifying for city election was

May 21, 2001, through May 25, 2001 and this is what everyone in the city was acting upon. Mr. Blue

said if the Council decides to change the qualifying date now, the Council needs to consider whether it

will advertise a new qualifying time for this election and allow others an opportunity to qualify.

Councilmember Scott commented that Florida Statutes says one thing and the City Charter says

something else. Mr. Blue said this is correct. Mr. Blue said Florida Statutes says the governing body

may, by ordinance, change the dates for qualifying for electors and also provides the authority for the

Council to do so.

Mayor Frith asked Councilmember Cook if he recalled how the qualifying dates under the citys

charter were chosen. Councilmember Cook said he had no recollection and commented that no laws

have been broken operating outside of the charter. Councilmember Cook said there have been other

issues where Council operated off-center of the charter. Councilmember Cook said the Council


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reviewed the Charter last year and missed this (qualifying to city council). Councilmember Cook said

his sense is that the Council remains consistent with the past practice regarding this issue and look to

clean up this matter at the next review of the Charter.

Councilmember Scott questioned what position this would put the Council since there is an ordinance

to be followed and the Council decides to continue to go by Florida Statutes. Councilmember Scott

asked what recourse Mr. Weed may have in this issue. Mr. Blue said Mr. Weed would be within his

right to file a contest. Mayor Frith read some qualifying questions received from Perry Newspapers,

Inc., this day. Some of those questions being What constitutes six (6) months? Who determines

what constitutes six (6) months? Did candidates pay a filing fee with the City Manager? City

Manager Bill Brynes stated that the City (Council) contracts with the Supervisor of Elections to

oversee the Citys election process and has always done so.

Councilmember Scott commented that if either method is contested, the City (Council) could go to

court for a judge to decide this issue. Mr. Blue said the Council does not want to make a decision

today because (City) might be sued; but, instead should make a decision, which would make it most

fundamentally fair to the candidates and to the citizens. Councilmember Cook said he proposes the

Council stay consistent with the past practice and deal with the issue immediately so there is noquestion.

Mr. John N. Weed addressed the Council regarding his letter that asked the Council to give

consideration for an exception or variance to the lack of only a few days of his reaching the residency

requirement for qualification. Mr. Weed assured the Council it is not his intent to sue over this matter

and would respect the Councils wishes and decision they make on this issue. Councilmember Cook

then made a motion that the City continue the election process with the practices and time tables as has

been consistent for the previous 18 years. Councilmember Alexander seconded the motion. Upon roll

call, vote was as follows:

YEA NAY


Before stating her vote, Councilmember Scott spoke to say that there were no personal feelings

involved in her decision.

Mayor Frith said Mr. Brynes had furnished information that not only did Mr. Weed not meet residency

qualifications, another candidate, Mr. Michael Kunkel also does not meet the residency requirement.

Mayor Frith asked Mr. Brynes if this was a fair statement. Mr. Brynes answered yes.

Councilmember Scott questioned whether the supervisor of elections had information that lets her

know whether a person meets the residency requirements. Councilmember Scott suggested this be


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made part of the candidate package. Mr. Blue told the Council there is a form (Sworn Statement of

Candidate for City Council) prepared for the qualified candidates to complete this night. Mr. Blue

said it would also be helpful to provide a copy of the applicable charter provision in the prospective

candidate packet.

Supervisor of Elections Molly Hendry Lilliott spoke to the Council. It was mentioned that Florida

Statutes requires 45 days for the supervisor of elections to put ballots in the mail. Ms. Lilliott told the

Council the Charter states that the Council has sole discretion to determine the eligibility of candidates

for city council. Councilmember Cook asked Ms. Lilliott if it would be cost effective also to align the

election date with other election dates in the county. Ms. Lilliott stated that it would be more cost

effective. Ms. Lilliott said the cost to the City for special elections is approximately $10,000 at this

time. Mr. Blue commented that he did not want anyone to receive the impression that there was a

failing of the supervisor of elections office. Councilmembers agreed there was not.

Mayor Frith asked if there should be a more specific declaration of the eligibility of candidates under

the Councils decision to abide by past practice for qualifying. Mr. Blue stated the Council should

express its decision. Councilmember Cook made a motion to accept the qualifications of candidates

Doug Everett-District V, Patricia Cook-District IV and Pam Feagle-District IV based upon Councils precedent as to the decision made this meeting. The motion was seconded by Councilmember

Alexander and upon roll call vote was as follows:

YEA NAY


At this time, Mayor Frith passed the gavel to Vice Mayor/Councilmember Scott and made a motion

that Doug Everett be appointed to the District V seat (currently vacant) that he has qualified for. The

motion was seconded by Councilmember Cook and upon roll call vote was as follows:

YEA NAY


Mr. Everett thanked the Council for the appointment and said he would do his best on the Council. Mr.

Everett commented that he does not know if six (6) months is a right time frame or not and agreed the

City Charter should be reviewed. Mr. Everett said he regrets that Mr. Kunkle and Mr. Weed will not be

able to run because he feels they are both duly qualified to do the job and competition is good.

Councilmember Scott said she would like to apologize to Mr. Weed and Mr. Kunkle because the

Charter says one thing and the Council did another thing and that they were caught up in this.


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Mr. Kunkle spoke to the Council and said he put the matter in the Councils hands to do what is fair

and right and he does not have any hard feelings Mr. Kunkle said he would not hold any grudges and

would yield to the Councils decision.

Mr. Blue told the candidates Mr. Everett, Ms. Cook and Ms. Feagle if the information they provided on

the Sworn Statement for Candidate for City Council form is correct, they might sign the form this

night.

ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was

adjourned at approximately 6:05 p. m.

ATTEST:

_______________________________ _________________________________William E. Brynes, City Manager Richard Frith, Mayor

Recorded in Official Minute Book:

___________________________ _________________________________ Annette Anderson, Secretary Date

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