Understanding
The 11 Charter Amendment Changes
On The Ballot
October 27, 2025
On this November’s voting ballot, there are 11 Amendment changes proposed for Town of Melbourne Beach Charter. These were assembled by a Charter Committed chaired by former mayor, Jim Simmons. Candidate Bruce Larson was vice-chair. These amendments were approved by the Town Commission to put on the ballot. While most are straightforward, #5 and #6 was pushed for by Jim Simmons who sought to consolidate all power under the Town Manager whom he hired and had direct influence over.
What appears on the ballot is a summary, but the full text of each amendment is available on the
Town of Melbourne Beach website. Or, click the button to the right.
Below is a summary for each amendment and our recommendation
#1 – YES - Residency Requirement & Acts of Misfeasance/Malfeasance.
This proposal has two parts. First, candidates for office must have lived in Melbourne Beach for the 12 consecutive months immediately preceding the qualification date, an increase from six months. Anyone seeking to lead our Town should have a full year of firsthand experience living here—understanding our community, our challenges, and our values—before asking to represent it. Second, a commissioner’s seat may be forfeited for acts of malfeasance or misfeasance—that is, for wrongdoing by an elected official or misuse of lawful authority. Such actions would be subject to a vote by the remaining members of the Commission. This reinforces accountability and the ethical standards our residents expect from their leaders.
#2 – YES - Start of Term & Term Limit Reset.
This proposal also has two parts. First, for clarity and continuity, any newly elected official’s term will begin at the next regularly scheduled Commission meeting following the election—this year, that’s November 19, 2025. This ensures a smooth transition and alignment with the Town’s meeting schedule. Second, since Melbourne Beach has term limits—two full consecutive terms plus one appointed term—an individual who reaches that limit must now wait 11 months before qualifying to run again for the same office. This addition creates an explicit “cool-off” period, closing the previous loophole and eliminating ambiguity in the Charter.
#3– YES – Length of Service for Appointed Commissioners.
The summary given on the ballot isn’t very clear. This amendment clarifies how long an appointed commissioner may serve. Under this change, a commissioner appointed to fill a vacancy will serve until the next regularly scheduled Town election—not a special election. The prior Charter language was unclear and did not address situations where an appointment occurs between the qualification period and an upcoming election. This update closes that gap, ensuring continuity of service and clear authority. As an example, prior to an election, there is a qualifying period when the candidates can run. It was August 15th for this Novembers' election. If a commissioner resigned prior to August 15th, there would have been 3 open seats for this election. If a commissioner to resigned after August 15th, the Commission could appoint a replacement who would serve until the next regular election—currently November 2026. This provides stability and avoids unnecessary special elections while maintaining voter control at the next scheduled opportunity.
#4– YES – Assigning Term Lengths Based on Vote Count.
The candidate with the greatest number of votes gets the longest term. If a Commissioner resigns mid-term and that seat is added to the election, there may be both full-term and partial-term positions available. Under this rule, the candidate receiving the highest number of votes will receive the seat with the longest remaining term. This amendment establishes a clear and fair process for assigning term lengths when multiple Commission seats with different remaining durations appear on the same ballot.
#5– NO - Removing Town Commission Authority to hire/fire Town Clerk. Town Clerk does a lot for the commission which I believe requires their direct oversight on this position, not the town manager. Some duties include preparing commission agendas, publishing meeting notices, distributing meeting packets, keeping official records, attending all commission meetings, writing the meeting minutes, and recording ordinance changes, resolutions and motions for the commission, booking meetings, setting up elections. They are the official custodian of town records. They administer oath of office to elected officials and appointees. While the Town Clerk can report administratively to the Town Manager, the commission needs control of the appointment to ensure their best interests are served. This is a prudent check and balance policy, same as our attorney.
#6 – NO - Removing Town Commission Authority to set salary of Town Clerk.
This is part of #5.
#7– YES – Vice Mayor’s Authority to Assume the Mayor’s Duties.
This amendment authorizes the Vice Mayor to temporarily assume the Mayor’s duties when the Mayor is unable or unwilling to perform them. This change establishes a necessary backstop to ensure continuity of government and prevent administrative delays.
#8– YES – Ability to Adjourn a Meeting Without a Quorum.
This amendment corrects a procedural gap in the Charter by allowing the remaining Commissioners to adjourn a meeting even if a quorum is no longer present.
#9– YES – Town Attorney Oversight and Use of Outside Counsel.
This amendment has two parts. First, it requires that the Town Attorney’s contract and salary be approved by the Town Commission. Because the Town Attorney reports directly to the Commission—just like the Town Clerk—it is appropriate and consistent with good governance for the Commission, not the administration, to manage and approve that agreement. Second, it clarifies that the Town may contract other qualified attorneys to represent our interests when needed, such as in code enforcement, ordinance violations, or appeals before the Special Magistrate. This ensures the Town has the most experienced and qualified legal expertise available for specialized cases while maintaining full Commission oversight.
#10– YES – Defining Unacceptable Gifts.
This amendment formally adopts the State of Florida’s Code of Ethics standards regarding gifts to public officials. By referencing and incorporating the Florida Statutes that define and regulate unacceptable gifts, the Town aligns its Charter with statewide ethical requirements.
#11– YES – Gender-Inclusive Language.
This simple update brings our Charter in line with prevalent recognized standards of fairness, equality, and respect for all who serve or are represented in local government. This amendment makes multiple changes throughout the entire Charter document updating the language to be gender-inclusive, replacing outdated references such as “he” and “his” with “he or she” and “his or her.”