Town council and charter — Malabar, Florida

Malabar runs under the Strong Council Plan set by its Town Charter: five Town Council members elected from single districts and a mayor elected at large hold the town's powers (Malabar Town Charter).

Charter Section 1.06 names the form outright, saying the government of the Town shall be known as the Strong Council Plan, and Section 2.01 vests all powers of the Town in the elected council except where law or the charter says otherwise (Charter Sections 1.06 and 2.01). Malabar's charter keeps administration with the council itself: Section 3.01 makes the Town Council responsible for the administration of all Town affairs, including appointing, suspending and removing administrative officers, setting staff salaries and approving the annual budget.

The preamble explains the choice in the town's own words. Malabar residents ratified the charter to maintain the rural residential character of the community and to keep decision-making power in a five (5) member Town Council elected by five single districts. The single-district system came from the Election Referendum of November 8, 2016; the charter itself was adopted in a referendum on November 5, 1985 (charter preamble and editor’s note). Each council member must live in the district that elects that seat. The charter also writes the rural goal into law: Section 3.06 bars any Malabar area zoned for single family residences from a density greater than one (1) unit for every one and one-half (1 ½) acres, or as set forth in the Comprehensive Land Use Plan, and grandfathers all lots of record (Charter Section 3.06).

As of October 2026 the Town of Malabar lists Mayor Steve Rivet and five district councilors, with seats expiring in 2026, 2027 and 2028 (Mayor and Town Council).

The staggered expirations follow Charter Section 2.07, which holds the regular Malabar election on the Tuesday after the first Monday of November and elects two council seats in odd years and the remaining three in even years (Charter Section 2.07). The same section limits the mayor to no more than two consecutive four-year terms and bars a council member from serving more than three (3) consecutive terms in any capacity, even when one of them was an appointment.

The District 3 seat changed hands mid-term in 2026. After a council member resigned on April 22, 2026, the Malabar agenda for May 18, 2026 reported that less than one year remained in the term, so under Section 2.09 the full remaining Council would appoint a successor for the rest of it (agenda item 3.a, May 18, 2026). Had more than a year remained, the charter would have required a special election within 60 to 90 days (Charter Section 2.09). Council candidates qualify by presenting a district petition to the Town Clerk, who is the town's chief elections officer (Charter Sections 2.03 and 3.03).

Last verified: October 13, 2026, on the Town of Malabar website.

The Malabar mayor is the ceremonial head of the town, votes on the council only to break a tie, and can veto an ordinance, which the council can override with four of its five votes (Charter Section 2.04).

Charter Section 2.04 makes the mayor the titular head of the Town government for ceremonial purposes and for civil process, responsible for civil defense, and the official who signs instruments when the council directs. A candidate for Malabar mayor must be at least thirty (30) years of age, an elector of the town, and a resident for at least one year before qualifying (Charter Section 2.04).

Presiding at Malabar meetings is not automatic for the mayor. Under Section 2.13 the full council elects a chairperson and vice-chairperson from among its members and the mayor at the first regular meeting after each town election, and the chairperson runs the meetings and sets the order of business (Charter Section 2.13).

Malabar Code Section 2-26 spells out the veto. The mayor must veto in writing within five (5) business days of the council's final vote on second reading, the Town Clerk puts the veto on the next agenda, and it cannot be tabled or postponed. Four (4) affirmative votes on a roll call override it; for an emergency ordinance the mayor must announce the veto orally at the same meeting (Code Section 2-26).

A Town Manager appointed by the council, Lisa Morrell as of October 2026, directs Malabar's departments, working alongside a Town Clerk/Treasurer and a Town Attorney who are also council appointees (Town Manager; Code Section 2-300).

The Malabar Town Manager's authority sits in Code Chapter 2, Article IX, Section 2-300 rather than in the charter. That section has the council appoint the manager by majority vote and requires that the town manager must be a resident of Brevard County. The manager serves at the will and pleasure of the council, hires and supervises town employees other than council appointees, prepares and submits the annual budget, and attends council meetings with no right to vote (Code Section 2-300). Ordinance 2019-15, adopted November 4, 2019, retitled Article IX from town administrator to town manager.

The Town Clerk carries two charter jobs. Section 3.03 makes the clerk the clerk of the council and keeper of ordinances and minutes, the chief elections officer of the town, and the Town Treasurer and custodian of all monies of the Town (Charter Section 3.03). Richard W. Kohler holds the post as of October 2026, reachable at Malabar Town Hall, 2725 Malabar Road, weekdays 8:30 a.m. to 5:00 p.m. (Town Clerk/Treasurer). Section 3.04 requires the Town Attorney to be a member in good standing of the Florida Bar, appointed by the council as legal advisor to town officers (Charter Section 3.04).

The Malabar Town Council meets on the 1st and 3rd Monday of each month at 6:30 pm in Town Hall at 2725 Malabar Road, with agendas posted before each meeting (Mayor and Town Council).

The Malabar charter sets only a floor of one regular meeting a month. Section 2.11 requires the council to meet not less than once every month, run meetings under Robert's Rules of Order, post notice on a bulletin board outside the town hall, and record roll-call votes on ordinances and resolutions; three members of the council shall constitute a quorum (Charter Section 2.11). Section 2.16 requires every non-emergency ordinance to be read at two meetings at least ten days apart, with the title published at least ten days before adoption.

Residents may speak during the public comments item on a Malabar agenda, and on later agenda items as those come up. The May 18, 2026 agenda required a speaker card and set a five (5) minute limit per speaker (May 18, 2026 agenda, page 2). The council also wears a second hat: the Town Council shall act as the Board of Adjustment, hearing variance requests and appeals of the building official until the council chooses to appoint an independent board (Board of Adjustment). Sitting as that board, the Malabar council needs a quorum of four (4) members, and any appeal of its decision goes to the circuit court within thirty (30) days (Board of Adjustment).

Advisory boards are a council creation under Charter Section 3.05, which requires their voting members to be registered electors of the Town of Malabar (Charter Section 3.05; Boards).

Malabar voters can petition to adopt or repeal an ordinance with signatures from 15 percent of registered voters, and can amend the charter with a petition signed by 10 percent of the registered electorate (Charter Articles V and IX).

Article V of the Malabar charter lets any five qualified voters form a petitioners' committee by affidavit filed with the Town Clerk. Initiative and referendum petitions need signatures equal to at least fifteen percent (15%) of the total number of qualified voters registered at the last regular town election, and a referendum petition against a new ordinance must be filed within 30 days of its adoption, which suspends the ordinance while the petition is checked. Budget, tax, appropriation and salary ordinances are excluded (Charter Article V).

Article IX covers the charter itself. Following Florida Statute, the Malabar charter may be amended by a petition signed by ten (10) percent of the registered electorate, with the question placed on the next general election or a special election (Charter Article IX).

Malabar voters also face a standing referendum on law enforcement funding. In 2007 the council adopted Ordinance 2007-05 joining the Brevard County Law Enforcement MSTU and Ordinance 2007-06 calling a vote every two years on staying in it; support has ranged from a low of 78.53 percent in 2014 to 91.92 percent in 2024 (agenda item 13.a, May 18, 2026). The May 18, 2026 agenda asked the council for direction on whether to keep that recurring question.