Section 3.01. Form of Government. The municipal government of the City of Wauchula shall be known as the "Commission-Manager Government." All powers of the city as provided in Section 1.02 above shall be vested in an elective commission, hereafter referred to as "the city commission," which shall enact local legislation, adopt budgets, determine policies, and appoint such city officials as hereinafter prescribed, including, without limitation, a chief administrative officer to be known as the "city manager."

Section 3.02. City Commission. The city commission of the City of Wauchula shall be comprised of seven (7) electors, who shall be elected at large to one (1) of the seven (7) designated commission district seats, numbered one (1) through seven (7), inclusive, six (6) of which shall be two (2) member district seats, and one (1) of which shall be a single-member, citywide district seat. The commencement of all terms for commission district seats, as provided herein, shall be upon the expiration of terms presently being served by City Commission members, and said council seats shall be replaced by like numbered commission district seats, to wit: council seat one (1) shall become commission district seat one (1), council seat two (2) shall become commission district seat two (2), council seat three (3) shall become commission district seat three (3), council seat four (4) shall become commission district seat four (4), council seat five (5) shall become commission district seat five (5), council seat six (6) shall become commission district seat six (6), and council seat seven (7) shall become commission district seat seven (7).

Section 3.03. Election and Terms. The regular election of the city commission members shall be held in accordance with Article V of this Amended Charter. The term for each city commission member elected after the effective date of this Amended Charter shall be four (4) years. Newly elected commissioners shall take office at the first regular meeting following the certification of their election.

Section 3.04. Compensation. The commissioners shall receive such compensation as the city commission shall fix and the same shall be designated by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of the city commission members elected at the next regular election, provided that such election follows the adoption of such ordinance by at least six (6) months.

Section 3.05. Mayor and Mayor Pro Tem.

(A) At the first regular city commission meeting following each regular city election, the city commission shall elect one of its members as mayor and another as mayor pro tem. The mayor shall preside at all meetings of the city commission and shall perform such other duties consistent with his office as may be imposed by it, and he shall have a voice and a vote in the proceedings of the commission, but no veto power. The mayor shall have the right to make all committee appointments subject to city commission approval. He shall be recognized as head of the city government for all ceremonial purposes, by the governor for purposes of military law, for service of process, execution of contracts, deeds and other documents, and as the city official designated to represent the city in all agreements with other governmental entities or certifications to other governmental entities, but shall have no administrative duties except as required to carry out the responsibilities herein. The powers and duties of the mayor shall be such as are conferred upon him by the city commission in pursuance of the provisions of this Amended Charter, and no other. In the absence of the mayor, the mayor pro tem shall perform his duties.

(B) The mayor pro tem shall temporarily discharge the duties of the mayor in the event of his absence, disability, disqualification, removal or death. He shall not automatically succeed to the office of mayor in any event, but shall serve as mayor only until such time as the mayor is able to resume his duties or until a successor mayor is elected as provided elsewhere herein, as the case may be.

Section 3.06. Prohibitions.

(A) Appointment and Removals. Neither the city commission nor any of its members, individually or collectively, shall in any manner dictate the appointment or removal of any city employee whom the city manager or any of his subordinates are empowered to appoint, but the city commission members may express their views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such employees.

(B) Limitations on powers of city commission. Except for the purpose of evaluation and information, the city commission and its members shall deal with city employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city commission nor any of its members shall give orders to any such employee, either publicly or privately, directly or indirectly. Nothing in the foregoing is to be construed to prohibit individual members of the city commission from scrutinizing by questions and personal observation all aspects of city government operations so as to obtain independent information to assist the city commission members in the formulation of sound policies to be considered by the city commission. However, it is the expressed intention hereof that ecommendations for improvement in city operations by individual commissioners be made to and through the city manager. Any violation of a provision of this section by a member of the city commission shall constitute grounds for removal from office.

(C) Holding Other Office. No former elected city official shall hold any compensated
appointive city office or employment until one (1) year from the date he leaves elected office whether by resignation, removal or expiration of the term of said office.

Section 3.07. Judge of Own Election; Regulation of Members. The city commission shall be the judge of the qualifications, elections and returns of its own members. It may enact and prescribe penalties for the nonattendance or disorderly conduct of its members and enforce the same. Under the provisions of ordinances or rules of procedure the city commission may compel the attendance of absent members by the imposition of forfeitures of city salary and removal from office.

Section 3.08. Vacancies; Forfeiture of Office; Filling of Vacancies.

(A) Vacancies. The office of a city commission member shall become vacant upon his death, removal from the corporate limits of the city, removal from the two (2) member district wherein he resided when elected, resignation, removal from office in any manner authorized by law, or forfeiture of his office, such forfeiture to be declared by the remaining members of the city commission.

(B) Forfeiture of Office. A city commission member shall forfeit his office if he lacks at anytime during his term of office any qualifications for the office prescribed by the charter or by law.

(C) Filling of Vacancies. A vacancy of the city commission shall be filled for the remainder of
the unexpired term, if any, at the next regular election following not less than sixty (60) days upon the occurrence of the vacancy, but the city commission by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the city commission fails to do so within thirty (30) days following the occurrence of the vacancy, the election authorities shall call a special election to fill the vacancy, to be held not sooner than thirty (30) days and not later than ninety (90) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Article V of this Amended Charter. Notwithstanding any quorum requirements established herein, if at any time the membership of the city commission is reduced to less than a quorum, the remaining members may, by majority vote, appoint additional members to raise the membership to a quorum.

(D) Extraordinary Vacancies. In the event that all members of the city commission are removed by death, disability, law or forfeiture of office, the governor shall appoint an interim city commission that shall call a special election as provided in (C) above and such election shall be governed by the provisions of Article V of this Amended Charter.

Section 3.09. Meetings, Procedure, Quorum and Affirmative Vote.

(A) Regular Meetings. The city commission shall prescribe, by ordinance, the date and time of regular meetings, which shall be held not less frequently than once each month.

(B) Special Meetings. Special meetings may be called by the mayor, city manager, or at the request of any two (2) commissioners at any time they so deem necessary. Any action by the city commission in special meetings shall have the same force and effect as in regular meetings unless specifically prohibited in other provisions of this Amended Charter or by the general laws of the State of Florida.

(C) Meetings to be open to the public. All meetings of the city commission shall be open to
the public.

(D) Rules of Procedure. The city commission shall determine its own rules of procedure and order of business.

(E) Journal of Proceedings. The city commission shall keep a permanent record of its proceedings, and shall provide for a permanent record of all resolutions and ordinances adopted.

(F) Quorum. Four (4) members of the city commission shall normally constitute a quorum for the conduct of business except as may otherwise be provided in this charter. Unless a quorum is present no action may be taken except to adjourn.

(G) Affirmative vote. The affirmative vote of at least four (4) members shall be necessary to adopt any ordinance or resolution and the passage of all ordinances and resolutions shall be taken by "yeas" and "nays" and entered upon the journal of proceedings.