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Council directs attorney to draft several charter amendments, leaves pay increase off ballot
Summary
At a Dec. 10 special meeting, Cape Coral City Council agreed to send multiple Charter Review Commission recommendations to the city attorney for legal drafting — including residency, candidate proof‑of‑residency and vacancy rules — but opted against putting a proposed mayor/council pay increase on the 2026 ballot.
The Cape Coral City Council on Dec. 10 instructed the city attorney to draft referendum and ordinance language for several charter changes recommended by the Charter Review Commission, but declined to advance a measure that would sharply raise elected officials’ pay.
Council members voted or polled to forward amendments clarifying candidate residency (Section 4.02), proof‑of‑residency requirements at qualifying (Section 4.05), and vacancy‑filling procedures and timing (Section 4.11). The city attorney cautioned the commission’s proposed wording would be edited to conform to legal requirements and the 75‑word ballot summary limit.
Why it matters: The referrals set the legal drafting process in motion and determine what voters may see on a future referendum. The residency and qualification changes would tighten documentation candidates must submit at qualifying and clarify when a council seat must be filled by appointment vs. special election.
Council member Donnell proposed moving items that had the support of a supermajority directly to the city attorney to save meeting time. Mayor Gunter summarized the process: the council would provide general direction and the attorney would present legally vetted ballot language and ordinances for later votes.
On residency, Mayor Gunter described the commission’s proposal as requiring council candidates to be “continuous full‑time residents of the district in which they are seeking office for the entire calendar year immediately preceding their qualification.” Supporters said the change aligns candidate residency with district representation; opponents warned that redistricting or recent buyers could be unfairly disqualified.
On candidate qualifications, the commission recommended that candidates file a sworn affidavit of permanent legal residence and submit two supporting documents (examples given: voter registration card, driver’s license, property tax receipt, homestead exemption, utility bill, or lease). Council members agreed the proposed affidavit and two‑document proof should be drafted into ballot and ordinance language for formal review.
Vacancies and timing drew technical questions about the number of days allowed for special primaries and general elections. A council member flagged a potential inconsistency (combined timelines for primary + general totaling less or more than single‑election windows). Council asked the attorney to clean up those timing details when drafting the amendment.
The council also considered but did not advance the commission’s proposal to raise compensation (the commission proposed roughly $70,000 for council members and $80,000 for the mayor). Several members cited comparative analytics showing Cape Coral lags peer cities; others opposed the size and timing of the increase and worried about optics during current economic conditions. The council’s vote/poll resulted in a status‑quo decision: compensation will not be placed on the 2026 ballot and will be revisited with additional options or staged approaches.
What happens next: The city attorney will draft legally compliant ballot language and ordinance text for items the council agreed to forward. Those drafts will return to council for formal votes to place questions on a primary or general election ballot, with deadlines for ordinance approval tied to April and July filing cutoffs for the 2026 election cycle.
Quotes
"If we are going to do anything, it has to be something that we do over a period of time," Mayor Gunter said, arguing any compensation change should be staged to have a plausible chance of passage.
The City Attorney warned, "I haven't validated the proposed language...it will be a version that I believe is legally appropriate," and asked the council to identify which proposals they wanted him to refine.
Ending
Councilors said the referrals do not themselves change the charter; they merely direct the city attorney to produce ballot and ordinance language for future formal votes. The attorney plans to present draft language and options at committee and council meetings in early 2026 for the council to accept, amend or reject before any referral to voters.
