Council discusses draft residency ordinance; delays action until post-retreat

The West Melbourne City Council discussed a draft ordinance intended to clarify the city charter’s residency requirements for elected officials and to add procedural language for investigating residency claims. The item, introduced by City Attorney Tim Carey, would add a new Section 22-4 outlining factors for determining residency (registered elector status, domicile, present intent, government documents, homestead exemption) and create Section 22-5 to permit the council to investigate alleged residency failures.

Carey said the draft drew from courts, attorney general opinions and election division guidance to present a “totality of the circumstances” approach to defining residency. He also proposed an affidavit requirement at qualification (currently candidates file paperwork with the supervisor of elections) and suggested the council could require a notarized affidavit from candidates. The draft left open whether current officeholders would also be required to produce a notarized affidavit upon request.

Council members debated multiple procedural issues: what evidence counts, whether meeting some number of factors (for example, two of five) should suffice, how to avoid harassment by repeated requests for affidavits, who can trigger an investigation, and whether the council or an independent investigator should gather facts before the council votes. Several council members said they preferred a third-party investigator to gather evidence before the council votes; others emphasized that the city charter makes the council the final decision-maker and noted that any implementation would require budgetary or procedural steps to hire outside investigators if needed.

Councilmember Bentley moved to table the ordinance until the council’s post-retreat meeting so staff and council could develop clearer procedures (including affidavit language and the threshold for initiating an investigation); Councilmember Frampus seconded. The motion carried 7-0.

Why it matters: The city charter requires council members to reside in the city and be qualified electors, but it lacks specific definitions and procedures for investigating alleged failures to meet residency requirements. The proposed ordinance would create standards and a process, but council members sought more clarity on who initiates investigations, whether one councilmember may trigger an inquiry, and how to use independent investigators to reduce perceived political influence.

Next steps: Council directed staff and the city attorney to refine the draft—particularly the affidavit language, the threshold to trigger an investigation, and limits on requests—then return with a revised draft after the council retreat.