Fort Myers Beach voters reject term extensions for appointed councilmembers

Town of Fort Myers Beach voters on Tuesday rejected a proposed town charter change that would have extended the terms of appointed councilmembers. The charter proposal was the only one of six that a majority of town voters disapproved of.

The town’s charter review commission voted earlier this year to place on the ballot a proposed charter change that would alter the length of a term for an appointed councilmember from the current timeframe of the next regularly scheduled election, and instead extend the term of office for the remainder of that person’s term. The current length of term for a councilmember is four years.

Currently, if a councilmember resigns their seat, the Town of Fort Myers Beach Council can vote to appoint a replacement to fill that seat through the next regularly scheduled election.

In January, Fort Myers Beach Councilmember Jim Atterholt resigned his seat and was replaced in February by John McLean, who councilmembers voted as a replacement. McLean’s seat was up this November because there was a regularly scheduled election. If the vacancy were to occur next year, the seat would be filled through 2028 when the next regularly scheduled election were to occur.

Under the proposed change, McLean would have kept his seat from the time he was appointed for the length of the term through 2028.

For example, if the charter change had passed, and any of the councilmembers elected Tuesday resigned next month, the Town of Fort Myers Beach Council could appoint someone to fill that seat through November of 2030. Under the current system, the council can only appoint someone to fill a vacant seat on the town council through the next regularly scheduled election in November of 2028. When the Town of Fort Myers Beach Council appointed John McLean in February to fill the seat of former Vice Mayor Jim Atterholt, the appointment was good through the next regularly scheduled election of Nov. 3. If the proposed change had been in place, McLean would have served through November of 2028.

Voters did approve a change to the town’s charter, or bylaws, which will establish a mandated salary commission every four years to recommend changes to the salaries of town councilmembers. The Town of Fort Myers Beach Council will ultimately have final say on whether to approve or disapprove the recommended salaries proposed by the commission.

The Charter Review Commission members were appointed by the Town of Fort Myers Beach Council and were led by chair Jim Dunlap. Newly-elected Councilmember Anita Cereceda was not appointed to the commission as a voting member even though she applied. Instead, Cereceda was named as a non-voting member.

During charter review commission meetings, Cereceda was the lone voice arguing against the establishment of the salary review commission and said councilmembers did not need cost of living increases. Cereceda said the charter was not meant to give councilmembers raises every year. Councilmembers should not be considered as employees and therefore shouldn’t see cost of living increases in equal to town employees, she said. Cereceda said councilmembers were public servants.

Voters also approved town charter changes which will automatically install the vice mayor as the next mayor of the town, in the event the current mayor’s seat become vacant. If the mayor resigns in the middle of a term, the vice mayor would remain as mayor until the council’s annual mayor election. The Town of Fort Myers Beach councilmembers vote to appoint the town’s mayor each year.

Town voters also approved a charter change which explicitly prohibits councilmembers from accepting unlawful gifts, and requiring disclosure of ex parte communications in quasi-judicial proceedings. Two other charter changes approved cement the Lee County Supervisor of Elections into law as the the power responsible for setting the qualifying dates for candidates in the town’s elections and canvassing the results of the town’s elections.