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Agenda Item: 18(a) |
Prepared By: Joan Taylor, City Clerk |
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Business: City Council Item |
Department: Executive |
Subject:
Title
Discussion -City of Marco Island City Council Vacancies - Councilor Bonita Schwan
Body
BACKGROUND:
A City Council vacancy occurred following the 2024 City Council election.
City Council members followed the process outlined in Section 3.05(3)(a) of the City Charter, which authorizes Council to appoint a qualified individual to fill a vacancy when the unexpired term is less than twenty-nine (29) months. The vacancy was filled during a Special-Called Meeting on March 17, 2025.
Leading up to the appointment, several attempts were made to reach consensus, resulting in Council exceeding the Charter’s sixty-day appointment timeframe.
To improve the vacancy process, State Representative Yvette Benarroch announced her intent to submit a local bill to the Florida House of Representatives entitled “Charter Amendment Regarding City of Marco Island City Council Vacancies.” (See City Council meetings October 6, 2025, and October 20, 2025). The proposed bill will be presented to voters through a referendum question on the August 18, 2026, Primary Election ballot.
In response to the proposed legislation, Councilors, during the November 3, 2025, City Council meeting, expressed interest in reviewing the existing Charter provisions for filling Council vacancies. Their goal is to determine whether an alternative, locally driven approach can be developed to prevent future delays while maintaining the appointment process under Council’s authority.
Below is the current Charter excerpt (Section 3.05) regarding the procedure for filling a City Council vacancy:
3) A vacancy on the Council shall be filled as follows:
(a) If a vacancy occurs and the remainder of the unexpired term is 28 months or less, the remaining Council Members shall, within sixty (60) days following the occurrence of such vacancy, by majority vote of the Council Members, appoint a person to fill the vacancy for the remainder of the unexpired term.
(b) If the remainder of the unexpired term exceeds 28 months, the remaining Council Members shall, within sixty (60) days following the occurrence of such vacancy, by majority vote of the Council Members, appoint a person to fill the vacancy until the next regularly scheduled City election at which the balance of the term for the seat shall be filled in accordance with Article V.
(c) If four or more Council vacancies occur at one time, the Governor shall fill such vacancies until successors are chosen at the next regular election.
FUNDING SOURCE / FISCAL IMPACT: NA
RECOMMENDATION: Discuss different options and provide direction of next steps
POTENTIAL MOTION: NA