Charter panel backs two-year residency for candidates, narrows suspension language to 'charged'

The City of Sebastian Charter Review Committee voted to recommend increasing the candidate residency requirement from one year to two and amended its suspension language after a close vote.

The committee opened debate on Section 2.02 (eligibility), with the city attorney advising that some candidate exclusions would be legally problematic: "We cannot put in anything about bankruptcy. That's a federally legally protected status," the attorney said, and repeated that state law largely determines who qualifies as an elector. Several members said disclosure on the candidate application—rather than exclusionary charter language—would better inform voters.

Committee member Tim urged stricter disqualifications for recent convictions, saying he did not believe "anybody should serve that's been convicted of embezzlement, theft, forgery, extortion, perjury" within a prior 10-year window. Other members countered that restored voting rights and state qualification rules complicate local disqualification and that voters or courts typically resolve eligibility disputes.

On suspension and forfeiture language in Section 2.08(c), the committee debated whether suspension should trigger on an "arrest" or only once a person is "charged." A motion to change the wording to "charged for a felony or a misdemeanor" and to remove the phrase "related to the duties of office" passed 8–7 after a remote member clarified their vote.

The attorney warned the panel that local provisions which go beyond state statute may be vulnerable to legal challenge and recommended the committee adopt narrowly tailored, defensible language and return with proposed statutory text.

The committee also agreed it would be more effective to require candidate disclosures on the filing application—making information public—rather than attempting to bar candidates via charter language. Members asked the attorney to draft suggested application questions and to research the restoration-of-rights process and the frequency or standards for sunshine-law convictions.

Next steps: the committee recorded the two-year residency recommendation for presentation to the city council and tabled some eligibility items until the March meeting for additional drafting and refinement.