06-21-1999 - Workshop
/- -
,.,
9HE CITY OF EDQEWATER
POST OFFICE BOX 100:"EDGEWATER, FLORIDA 32132-0100
Mayor Randy G. Allman
District 1 Councilman James K. Gornto
District 2 Councilman Myron F. Hammond
District 3 Councilman Gary W. Roberts
District 4 Councilwoman Judith R. Lichter
City Manager Kenneth R. Hooper
City Attorney Nikki Clayton
City Clerk Susan J. Wadsworth
June 16,1999
-PUBLIC NOTICE-
A workshop session will be held with the City Council of Edgewater at 6:00 p.m., Monday,
June 21, 1999, in the Community Center prior to the regular Council meeting. The purpose of the
workshop is to present an opportunity for the City Council to discuss the recommendations on the
Charter Review Committee report.
:lizm
c:\meelings\wkshop06.219
CITY MANAGER'S OFFICE
104 NORTH RIVERSIDE DRIVE
(904)424-2404 FAX-(904)424-2421'
a
t r
INTER - OFFICE MEMORANDUM
EDGEWATER, FLORIDA
TO: , City Council
FROM: Kenneth R. Hq , J 1)
City Manager
C.A. NO.: 99 -061
DATE: ' June 18, 1999
SUBJECT: Charter Workshop Session - June 21, 1999
PURPOSE - The City Council has requested a workshop session to review proposed
changes to the City's Charter.
BACKGROUND - The Council appointed a Charter Review Committee (December 1997) to
review the existing charter and make recommendations for possible changes.
The Committee conducted a review of the existing charter and provided
recommended changes to Council on January 11, 1999. City Council has
conducted two (2) Workshops concerning recommended changes on March
1, 1999 and April 5, 1999. All previous background information is included.
REQUEST - City Council to review the proposed changes and provide direction to staff
to develop a proposed ordinance.
1
ISSUES -
Charter Review Committee Recommendation
1. Limitation on annexation;
C . Qualifications for Mayor and Council;
t`. Limitation on borrowing;
Ci. Restrictions on unrestricted general fund reserves;
fir. Filling of vacancies of Mayor and City Council;
M . Initiative and referendum; — 6.4,11 104
� a
g � J 7
CT. City employees residence requirements; o�" I,,
@. Public information dissemination; �, °
,
0. Charter review requirement;
■ inority Reports
10. Staggered terms; i' -, r 1 r
e
fl . City Council to have authority to override administrative action of City Manager; AM '
A a term limits for Mayor and Council; , Ma 11 °
Voting by districts;
Council to have authority to hire and fire department heads; and
1.,( Eliminate waiver of residency for City Manager, City Attorney, and Department Heads.
MINORITY REPORT ISSUES
• City Council have authority to override (by a unanimous vote) any action or inaction City
Manager regarding issues of organization and policy (not issues of personnel).
• Staggered terms
• residency of city manager, city attorney & department heads - waivers should be excluded
• two term limits for council
• vote by districts
• give council the authority (by majority vote) to hire and fire department heads only
( CharterReviewCommittee - MinorityReports)
PUBLIC REVIEW /COMMENTS - APRIL 5,1999
PROPOSED
CHARTER
REVISIONS
ARTICLE II - CORPORATE LIMITS
,Section 2.02 - Limitations on Annexation NEW SECTION
The corporate limits of the City of Edgewater may not be increased more than two hundred
fifty (250) acres in any one (1) year unless such annexation is approved by a referendum of the
'eligible voters of the city in a general election.
ARTICLE III - CITY COUNCIL
-
Section 3.03 - Qualifications
(a) The mayor must be a qualified elector of the city and shall have resided within the city for
no less than one (1) year on the date that person qualifies to run for office. The mayor shall
continuously reside within the city limits during the mayor's term of office.
(b) Each council member must be a qualified elector of the city and shall have resided within the
city for no less than one (1) year and shall be who-is a resident of the district from which the
person seeks to be elected on the date -that person qualifies to run for office. Each council
member elected from a district shall continuously reside in the district during the council
member's term of office, except that any council member who is removed from a district by
redistricting may continue to serve during the remainder of the councifinember's term of
office.
Section 3.05 - Compensation
Council members shall receive as compensation the sum of four thousand eight hundred
dollars ($4,800.00) annually, payable monthly. The mayor shall receive as compensation the sum
of six thousand dollars ($6,000.00), annually, payable monthly. The city council is authorized to
adjust the annual salary for the mayor and council members by ordinance, but the no ordinance shall
not become effective until the date of commencement of the term of those members of the city
( CharterReviewCommittee /CharterReviewForm) 1
council elected at the next regular election, provided that such election follows the adoption of the
ordinance by at least six (6) months.
Section 3.06 - Mayor
The mayor shall be a member of the city council and preside at meetings of the council. The
mayor shall be recognized as head of the city government for all ceremonial purposes, by the
governor for purposes of military law, for service of process, and execution of contracts, deeds and
other documents, but shall have no administrative duties. Any additional powers-and duties of the
mayor shall be such as are conferred upon the mayor by the council. At the first council meeting
after each regular city election, the council shall elect one of its members as vice mayor. The vice
mayor shall act as mayor during the absence or disability of the mayor.
Section 3.08 - Prohibitions
(a) Holding other office
(b) Appointments and removals
(c) Interference with administration
(d) Limitations on borrowing. The City of Edgewater shall not incur additional debt of more
than 0.75% of the total net taxable value during any forward moving five (5)
year period unless such debt is approved by a referendum of the eligible voters of the city
in a general election.
Le) Reserves. The city is required to maintain reserves at a minimum of fifteen percent (15 %)
with a maximum of twenty -five percent (25 %) of the general fund.
Section 3.09 Vacancies; forfeiture of office; recall; filling of vacancies
(a) Vacancies
(b) Forfeiture of office
(c) Recall
(d) Filling of vacancies. Except as otherwise prescribed by law, a vacancy on the city council
shall be filled as follows:
(1) In the case of a vacancy in the office of mayor, if less than six (6) months remain in
the unexpired term or until the next regular city election, the council by a vote of
three (3) or more members shall appoint a successor who is eligible for the office
(CharterReviewCommittee /CharterReviewForm) 2
under Section 3.03 of this charter. Such successor shall serve until the next regular
city election at which time a mayor shall be elected in the manner prescribed in
Article V of this Charter ,- - • - - . - . - - . - . - - ,. - : - : -
-
and shall bc fillcd as sct forth bclow. Oncc thc vacancy in thc officc of council
mcmbcr is fillcd, a new vicc mayor shall bc cicctcd by thc city council.
(2) In the case of a vacancy in the office of mayor. if more than six (6) months remain
in the unexpired term or until the next regular city election. a special election shall
be called to fill such vacancy. The special election shall be scheduled not sooner
than sixty (60) days. nor more than ninety (90) days following the occurrence of the
vacancy and if a primary is necessary it shall be held as required by the election laws
of the State of Florida. The person elected to fill the vacancy must be eligible for the
office of mayor under Section 3.03 of this charter and shall serve until the next
regular city election at which time a mayor shall be elected in the manner prescribed
in Article V of this Charter.
(2 3) In the case of a vacancy in the office of council member, if less than six (6) months
remain in the unexpired term or until the next regular city election, the council by a
vote of three (3) or more members shall appoint a successor, who is eligible for the
office under Section 3.03 of this charter. Such successor shall serve until the next
regular city election at which time a council member shall be elected in the manner
prescribed in Article V of this Charter.
(3 4) In the case of a vacancy in the office of council member, if more than six (6) months
remain in the unexpired term or until the next regular city election a special election
shall be called to fill such vacancy. The special election shall be scheduled not
sooner than sixty (60) days, nor more than ninety (90) days following the occurrence
of the vacancy and if a primary is necessary, it shall be held as required by the
election laws of the State of Florida. The person elected to fill the vacancy must be
eligible for the office under Section 3.03 of this charter and shall serve until the next
regular city election in the manner prescribed in Article V of this Charter.
(e) Extraordinary vacancies
Section 3.11 Procedure
(a) Meetings
(b) Rules and journal. The city council shall determine its own rules and order of business
except that the agenda for regular council meetings shall include "Citizen Comments" (not
to include agenda items) at the beginning of the meeting and directly prior to adjournment
( CharterReviewCommittee /CharterReviewForm) 3
of the meeting and council shall include an opportunity for citizen comments relating to an
agenda matter at the time the matter is before council. The city council shall provide for the
keeping of a journal of its proceedings. This journal shall be a public record.
(c) Voting
Section 3.13 - Initiative and referendum
(a) (1) Initiative. The qualified voters of the city shall have the power to propose ordinances
to the council and. if the council fails to adopt an ordinance so proposed without any
change in substance. to adopt or reject it at a city election. provided that such power
shall not extend to the budget or capital program or any ordinance relating to
appropriation of money. levy of taxes or salaries of city officers or employees.
a) Referendum. The qualified voters of the city shall have power to require
reconsideration by the council of any adopted ordinance and, if the council fails to
repeal an ordinance so reconsidered. to approve or reject it at a city election. provided
that such power shall not extend to the budget or capital program or any emergency
ordinance or ordinance relating to appropriation of money. levy of taxes or salaries
of city officers or employees.
j U) Commencement of proceedings. Any five (5) qualified voters may commence
initiative referendum proceedings by filing with the city clerk or other official
designated by the council an affidavit stating they will constitute the petitioners'
committee and be responsible for circulating the petition and filing it in proper form,
stating their names and addresses and specifying the address to which all notices to
the committee are to be sent. and setting out in full the proposed initiative ordinance
or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the
petitioners' committee is filed. the clerk or other official designated by the council
may. at the committee's request. issue the appropriate petition blanks to the
petitioners' committee at the committee's expense.
(c) Petitions.
(1) Number of signatures. Initiative and referendum petitions must be signed by
qualified voters of the city equal in number to at least twenty percent (20 %) of the
total number of qualified voters registered to vote at the last regular city election.
(2) Form and content. All papers of a petition shall be uniform in size and style and
shall be assembled as one instrument for filing. Each signature shall be executed in
ink or indelible pencil and shall be followed by the address of the person signing.
Petitions shall contain or have attached thereto throughout their circulation the full
text of the ordinance proposed or sough to be reconsidered.
( CharterReviewCommittee /CharterReviewForm) 4
Q) Affidavit of circulator. Each paper of a petition shall have attached to it when filed
an affidavit executed by the circulator thereof stating that he personally circulated the
paper. the number of signatures thereon, that all the signatures were affixed in his
presence. that he believes them to be the genuine signature of the persons whose
names they purport to be and that each signer had an opportunity before signing to
read the full text of the ordinance proposed or sought to be reconsidered.
(4,,1 Time for filing referendum petitions. Referendum petitions must be filed within
thirty (30) days after adoption by the council of the ordinance sought to be
reconsidered.
(d) Procedure for filing.
(1) Certificate of clerk.: amendment. Within twenty (20) days after the initiative petition
is filed and five (5) days for a reference petition. the city clerk or other official
designated by the council shall complete a certificate as to its sufficiency. specifying,
if it is insufficient. the particulars wherein it is defective and shall promptly send a
copy of the certificate to the petitioner's committee by certified mail. return receipt
requested. Grounds for insufficiency are only those specified in subsection (c). A
petition certified insufficient for lack of the required number of valid signatures may
be amended once if the petitioners' committee files a notice of intention to amend it
with the clerk or other official designated by the council within two (2) days after
a receiving the copy of the certificate and files a supplementary petition upon
additional papers within ten (10) days after receiving the copy of such certificate.
Such supplementary petition shall comply with the requirements of subsections (c)(2)
and (c)(3) of section 3.13. and within five (5) days after it is filed. the clerk or other
official designated by the council shall complete a certificate as to the sufficiency of
the petition as amended and promptly send a copy of such certificate to the
petitioners' committee by certified mail, return receipt requested as in the case of an
original petition. If a petition or amended petition is certified sufficient. or if a
petition or amended petition is certified insufficient and the petitioners' committee
does not elect to amend or request council review under subsection (2) of this section
within the time required. the clerk or other official designated by the council shall
promptly present his certificate [which] shall then be a final determination as to the
sufficiency of the petition.
(2) Council review. If a petition has been certified insufficient and the petitioners'
committee does not file notice of intention to amend it or if an amended petition has
been certified insufficient. the committee may, within two (2) days after receiving the
copy of such certificate. file a request that it be reviewed by the council. The council
shall review the certificate at its next meeting following the filing of such request and
approve or disapprove it. and the council's determination shall then be a final
determination as to the sufficiency of the petition.
( CharterReviewCommittee /CharterReviewForm) 5
•
(e) Referendum petitions: suspension of effect of ordinance. When a referendum petition is filed
with the city clerk or other official designated by the council. the ordinance sought to be
reconsidered shall be suspended from taking effect. Such a suspension shall terminate when:
(1) There is a final determination of insufficiency of the petition; or
(2) The petitioners' committee withdraws the petition; or
(3) The council repeals the ordinance; or
(4) After a vote of the city on the ordinance has been certified.
to Action on petitions.
(1) Action by council. When an initiative or referendum petition has been finally
determined sufficient. the council shall promptly consider the proposed initiative
ordinance in the manner provided in Article III or reconsider the referred ordinance
by voting its repeal. If the council fails to adopt a proposed initiative ordinance
without any change in substance within sixty (60) days or fails to repeal the referred
ordinance within thirty (30) days, it shall submit the proposed or referred ordinance
to the voters of the city.
(2)i Submission to voters. The vote of the city o n a proposed or referred ordinance shall
be held not less than thirty (30) days and not later than sixty (60) days from the date
the petition was determined sufficient. If no regular city election is to be held within
the period described in this subsection. the council shall provide for a special
election. except that the council may. in its discretion. provide for a special election
at an earlier date within the described period. Copies of the proposed or referred
ordinance shall be made available at the polls.
(2) Withdrawal ff petitions. An initiative or referendum petition may be withdrawn at
any time prior to the fifteenth (15 day preceding the day scheduled for a vote of the
city by filing with the city clerk or other official designated by the council a request
for withdrawal signed by at least four (4) members of the petitioners' committee.
Upon the filing of such request the petition shall have no further force or effect and
all proceedings thereon shall be terminated.
(g) Results of election.
(1) Initiative. If a majority of the qualified electors voting on a proposed initiative
ordinance vote in its favor. it shall be considered adopted upon certification of the
election results and shall be treated in all respects in the same manner as ordinances
of the same kind adopted by the council. If conflicting ordinances are approved at
( CharterReviewCommittee /CharterReviewForm) 6
the same election, the one receiving the greatest number of affirmative votes shall
prevail to the extent of such conflict.
(2,) Referendum. If a majority of the qualified electors voting on a referred ordinance
vote against it. it shall be considered repealed upon certification of the election
results.
ARTICLE IV - ADMINISTRATION
Section 4.07 - Personnel system
(a) All appointments and promotions of city officers and employees shall be made solely on the
basis of merit, fitness, and demonstrated ability.
(b) Consistent with all applicable federal and state laws, the city council shall provide for the
establishment, regulation, and maintenance of a personnel system
Section 4.11 - Resident requirements for certain city employees
The city manager, city attorney, city clerk, and all department heads shall reside within the
corporate limits of the city within six (6) months after the completion of the probationary period
unless the requirement is waived by the city council. Except as to the city manager, the The city
council may waive the residency requirement if the waiver is deemed to be in the best interests of
procuring the services of the most qualified professional applicant. Council shall only grant waivers
under extraordinary circumstance and may impose reasonable conditions. such as. for example:
limits on the time of the waiver. This section shall not apply to any department head or city officer
hired prior to the effective date of this section unless the residency requirement found in Chapter
27532, Laws of Florida, Special Acts of 1951, as amended, was applicable to such department head
or officer.
ARTICLE V - ELECTIONS
Section 5.06 - Public Information
Dissemination of information and education of the public regarding City issues shall be
deemed a public purpose for which City funds may be expended. Principles of fairness and the Code
of Ethics shall govern the form and content of such efforts.
( CharterReviewCommittee /CharterReviewForm) 7
ARTICLE VI - TRANSITION SCHEDULE
Section 6.07 - Charter review
Every five (5) years after the adoption of this charter, the city council shall appoint a charter
review committee to review the city charter and recommend additions, deletions, or changes to the
city council for its consideration.
Section 6.08 - Charter amendment
This charter may be amended in accordance with general law.
MINORITY REPORTS:
(CharterReviewCommittee /CharterReviewForm) 8
McilLch I (Qcg
WORK SESSION CONCERNING
PROPOSED
CHARTER
REVISIONS
ARTICLE I - POWERS
Section 1.01 - General Powers
Section 1.02 - Construction
ARTICLE II - CORPORATE LIMITS
Section 2.01 - Description of corporate limits
Section 2.02 - Limitations on Annexation
The corporate limits of the City of Edgewater may not be increased more than two hundred
fifty (250)iacres in any one (1) year unless such annexaiion is approved by a referendum of the
eligible voters of the city in a general election.
COMMENTS: Florida Statutes describe conditions under which annexation 1
may occur. These conditions are very stringent and require one 0 or two 0
referendums (the second referendum required within City if area or residents
exceed 5% of City totaladoption of an ordinance, two ® public hearings and i
a plan by the City describing in detail how urban sources will UL=, • rovided in th
annexed area. Individuals may also petition for voluntary annexation of their,
f
property. All statutory conditions except the requirement for a referendum
apply.
V 1 '
' ' I'\ ,‘,0\\, \
( CharterReviewCommittee /CharterReviewForm) 1 ��i �' k' 1
Annexations require comprehensive plan amendments resulting in two
(2) public hearings and a thorough review by appropriate state agencies
including the Florida Department of Community Affairs (FDCA). The
comprehensive plan amendment process requires an analysis to describe the
financial impact to the City's existing residents.
The proposed 250 acre limitation on annexation could limit the City in
negotiating expansion of its urban services. This limitation would restrict major
annexation to even years (general elections). This limitation could place
Edgewater at an economic competitive disadvantage relative to adjacent Cities
and unincorporated Volusia County.
RECOMMENDATION: City Council not limit actions concerning annexations that
are defined by state statutes and have existing formal public hearing procedures for public
review and scrutiny.
ARTICLE III - CITY COUNCIL
Section 3.01 - Composition
Section 3.02 - Districts
Section 3.03 - Qualifications
(a) The mayor must be a qualified elector of the city and shall have resided within the city for
no less than one (1) year on the date that person qualifies to run for office. The mayor shall
continuously reside within the city limits during the mayor's term of office.
(b) Each council member must be a qualified elector of the city and shall have resided within the
city for no less than one (1) year and shall be who-is a resident of the district from which the
(CharterReviewCommittee /CharterReviewForm) 2
person seeks to be elected on the date that person qualifies to run for office. Each council
member elected from a district shall continuously reside in the district during the council
member's term of office, except that any council member who is removed from a district by
redistricting may continue to serve during the remainder of the council member's term of
office.
COMMENTS: Residency requirement is a valid concern and staff recommends
approval.
Section 3.04 - Elections and terms
Section 3.05 - Compensation
Council members shall receive as compensation the sum of four thousand eight hundred
dollars ($4,800.00) annually, payable monthly. The mayor shall receive as compensation the sum
of six thousand dollars ($6,000.00), annually, payable monthly. The city council is authorized to
adjust the annual salary for the mayor and council members by ordinance, but the ne ordinance shall
not become effective until the date of commencement of the term of those members of the city
council elected at the next regular election, provided that such election follows the adoption of the
ordinance by at least six (6) months.
COMMENTS: Clarification of language only, no opposition by staff.
Section 3.06 - Mayor
The mayor shall be a member of the city council and preside at meetings of the council. The
mayor shall be recognized as head of the city government for all ceremonial purposes, by the
governor for purposes of military law, for service of process, and execution of contracts, deeds and
other documents, but shall have no administrative duties. Any additional powers -aid duties of the
mayor shall be such as are conferred upon the mayor by the council. At the first council meeting
after each regular city election, the council shall elect one of its members as vice mayor. The vice
mayor shall act as mayor during the absence or disability of the mayor.
COMMENTS: Clarification of language only, no opposition by Staff.
( CharterReviewCommittee /CharterReviewForm) 3
Section 3.07 - General powers and duties
Section 3.08 - Prohibitions
(a) Holding other office
(b) Appointments and removals
(c) Interference with administration
( Limitations on borrowing. The City of Edgewater shall not incur additional debt of more
than 0.75% of the net taxable value during any forward moving five (5)
year period unless such debt is approved by a referendum of the eligible voters of the city
in a general.election.
fie), Reserves. The city is required to maintain reserves at a minimum of fifteen percent (15 %)
with a maximum of twenty -five percent (25 %) of the general fund.
COMMENTS: (d) Limitation on borrowing is a popular method to control
governmental spending by having City Council explain /educate the voters
concerning the need to borrow money. The method to determine the additional
debt threshold is very cumbersome. A fixed value of any borrowing over
may be easier to understand and the value of the annual
debt threshold can be reviewed at the next charter review. City Council should
clarify that this does not pertain to refinancing as long as no "new money" is
borrowed. The term general election to define the timing of the referendum
should be deleted. A referendum to determine borrowing should be conducted
at the time of need but not necessarily at a general election.
( CharterReviewCommittee /CharterReviewForm) 4
(e) The 15 -25 percent range for unrestricted general fund reserves is
good management practice and is consistent with the criteria used (by Standard
& Poors, Moody and Insurers) to review the financial strength by
bond/insurance rating agencies. The section needs to be clarified by adding the
following "... maintain unrestricted general fund reserves at a minimum of 15%
and a maximum of 25% of the annual operating (non - capital) general fund
Section 3.09 Vacancies; forfeiture of office; recall; filling of vacancies
(a) Vacancies
(b) Forfeiture of office
(c) Recall
(d) Filling of vacancies. Except as otherwise prescribed by law, a vacancy on the city council
shall be filled as follows:
(1) In the case of a vacancy in the office of mayor, if less than six (6) months remain in
the unexpired term or until the next regular city election. the council by a vote of
three (3) or more members shall appoint a successor who is eligible for the office
under Section 3.03 of this charter. Such successor shall serve - until the next regular
city election at which time a mayor shall be elected in the manner prescribed in
Article V of this Charter thc vicc mayor shall scrvc as mayor for thc unexpired tcrm
and shall bc fillcd as sct forth bclow. Oncc thc vacancy in thc office of council
member is fillcd, a new vicc mayor shall bc elected by thc city council.
(2) In the case of a vacancy in the office of mayor. if more than six (6) months remain
in the unexpired term or until the next regular city election. a special election shall
be called to fill such vacancy. The special election shall be scheduled not sooner
than sixty (60) days, nor more than ninety (90) days following the occurrence of the
vacancy and if a primary is necessary it shall be held as required by the election laws
of the State of Florida. The person elected to fill the vacancy must be eligible for the
( CharterReviewCommittee /CharterReviewForm) 5
office of mayor under Section 3.03 of this charter and shall serve until the next
regular city election at which time a mayor shall be elected in the manner prescribed
in Article V of this Charter.
(2 3) In the case of a vacancy in the office of council member, if less than six (6) months
remain in the unexpired term or until the next regular city election, the council by a
vote of three (3) or more members shall appoint a successor, who is eligible for the
office under Section 3.03 of this charter. Such successor shall serve until the next
regular city election at which time a council member shall be elected in the manner
prescribed in Article V of this Charter.
(3 4) In the case of a vacancy in the office of council member, if more than six (6) months
remain in the unexpired term or until the next regular city election a special election
shall be called to fill such vacancy. The special election shall be scheduled not
sooner than sixty (60) days, nor more than ninety (90) days following the occurrence
of the vacancy and if a primary is necessary, it shall be held as required by the
election laws of the State of Florida. The person elected to fill the vacancy must be
eligible for the office under Section 3.03 of this charter and shall serve until the next
regular city election in the mariner prescribed in Article V of this Charter.
(e) Extraordinary vacancies
COMMENTS: Staff concurs.
Section 3.10 Judge of qualifications
Section 3.11 Procedure
(a) Meetings -
(b) Rules and journal. The city council'shall determine its own rules and order of business
except that the agenda for regular council meetings shall include "Citizen Comments" (not
to include agenda items) at the beginning of the meeting and directly prior to adjournment
of the meeting and council shall include an opportunity for citizen comments relating to an
agenda matter at the time the matter is before council. The city council shall provide for the
keeping of a journal of its proceedings. This journal shall be a public record.
(c) Voting
COMMENTS: Staff concurs.
( CharterReviewCommittee /CharterReviewForm) 6
Section 3.12 - Ordinances and resolutions
Section 3.13 - Initiative and referendum
(a) (j.) Initiative. The qualified voters of the city shall have the power to propose ordinances
to the council and. if the council fails to adopt an ordinance so proposed without any
change in substance. to adopt or reject it at a city election. provided that such power
shall not extend to the budget or capital program or any ordinance relating to
appropriation of money. levy of taxes or salaries of city officers or employees.
(2) Referendum. The qualified voters of the city shall have power to require
reconsideration by the council of any adopted ordinance and. if the council fails to
repeal an ordinance so reconsidered. to approve or reject it at a city election. provided
that such power shall not extend to the budget or capital program or any emergency
ordinance or ordinance relating to appropriation of money. levy of taxes or salaries
of city officers or employees.
(b) (1) Commencement of proceedings. Any five (5) qualified voters may commence
initiative referendum proceedings by filing with the city clerk or other official
designated by the council an affidavit stating they will constitute the petitioners'
committee and be responsible for circulating the petition and filing it in proper form,
s stating their names and addresses and specifying the address to which all notices to
the committee are to be sent. and setting out in full the proposed initiative ordinance
or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the
petitioners' committee is filed, the clerk or other official designated by the council
may. at the committee's request. issue the appropriate petition blanks to the
petitioners' committee at the committee's expense.
(c) Petitions.
(1) Number of signatures. Initiative and referendum petitions must be signed by
qualified voters of the city equal in number to at least twenty percent (20 %) of the
total number of qualified voters registered to vote at the last regular city election.
a) Form and content. All papers of a petition shall be uniform in size and style and
shall be assembled as one instrument for filing. Each signature shall be executed in
ink or indelible pencil and shall be followed by the address of the person signing.
Petitions shall contain or have attached thereto throughout their circulation the full
text of the ordinance proposed or sough to be reconsidered.
(3) Affidavit of circulator. Each paper of a petition shall have attached to it when filed
an affidavit executed by the circulator thereof stating that he personally circulated the
( CharterReviewCommittee /CharterReviewForm) 7
paper. the number of signatures thereon. that all the signatures were affixed in his
presence. that he believes them to be the genuine signature of the persons whose
names they purport to be and that each signer had an opportunity before signing to
read the full text of the ordinance proposed or sought to be reconsidered.
(4) Time for filing referendum petitions. Referendum petitions must be filed within
thirty (30) days after adoption by the council of the ordinance sought to be
reconsidered.
(d) Procedure for filing.
(1) Certificate of clerk.; amendment. Within twenty (20) days after the initiative petition
is filed and five (5) days for a reference petition. the city clerk or other official
designated by the council shall complete a certificate as to its sufficiency. specifying,
if it is insufficient. the particulars wherein it is defective and shall promptly send a
copy of the certificate to the petitioner's committee by certified mail. return receipt
requested. Grounds for insufficiency are only those specified in subsection (c). A
petition certified insufficient for lack of the required number of valid signatures may
be amended once if the petitioners' committee files a notice of intention to amend it
with the clerk or other official designated by the council within two (2) days after
receiving the copy of the certificate and files a supplementary petition upon
additional papers within ten (10) days after receiving the copy of such certificate.
Such supplementary petition shall comply with the requirements of subsections (c)(2)
and (c)(3) of section 3.13. and within five (5) days after it is filed. the clerk or other
official designated by the council shall complete a certificate as to the sufficiency of
the petition as amended and promptly send a copy of such certificate to the
petitioners' committee by certified mail. return receipt requested as in the case of an
original petition. If a petition or amended petition is certified sufficient. or if a
petition or amended petition is certified insufficient and the petitioners' committee
does not elect to amend or request council review under subsection (2) of this section
within the time required. the clerk or other official designated by the council shall
promptly present his certificate [which] shall then be a final determination as to the
sufficiency of the petition.
(l Council review. If a petition has been certified insufficient and the petitioners'
committee does not file notice of intention to amend it or if an amended petition has
been certified insufficient. the committee may. within two (2) days after receiving the
copy of such certificate. file a request that it be reviewed by the council. The council
shall review the certificate at its next meeting following the filing of such request and
approve or disapprove it. and the council's determination shall then be a final
determination as to the sufficiency of the petition.
( CharterReviewCommittee /CharterReviewForm) 8
(e) Referendum petitions: suspension of effect of ordinance. When a referendum petition is filed
with the city clerk or other official designated by the council. the ordinance sought to be
reconsidered shall be suspended from taking effect. Such a suspension shall terminate when:
(1) There is a final determination of insufficiency of the petition; or
(2) The petitioners' committee withdraws the petition; or
(3) The council repeals the ordinance; or
(4) After a vote of the city on the ordinance has been certified.
(f) Action on petitions.
W Action by council. When an initiative or referendum petition has been finally
determined sufficient. the council shall promptly consider the proposed initiative
ordinance in the manner provided in Article III or reconsider the referred ordinance
by voting its repeal. If the council fails to adopt a proposed initiative ordinance
without any change in substance within sixty (60) days or fails to repeal the referred
ordinance within thirty (30) days. it shall submit the proposed or referred ordinance
to the voters of the city.
(2) Submission to voters. The vote of the city on a proposed or referred ordinance shall
be held not less than thirty (30) days and not later than sixty (60) days from the date
Y the petition was determined sufficient. If no regular city election is to be held within
the period described in this subsection. the council shall provide for a special
election. except that the council may. in its discretion. provide for a special election
at an earlier date within the described period. Copies of the proposed or referred
ordinance shall be made available at the polls.
(l Withdrawal of petitions. An initi ive or referendum petition may be withdrawn at
any time prior to the fifteenth (1 ) day preceding the day scheduled for a vote of the
city by filing with the city clerk or other official designated by the council a request
for withdrawal signed by at least four (4) members of the petitioners' committee.
Upon the filing of such request the petition shall have no further force or effect and
all proceedings thereon shall be terminated.
(g) Results of election.
(1) Initiative. If a majority of the qualified electors voting on a proposed initiative
ordinance vote in its favor. it shall be considered adopted upon certification of the
election results and shall be treated in all respects in the same manner as ordinances
of the same kind adopted by the council. If conflicting ordinances are approved at
the same election. the one receiving the greatest number of affirmative votes shall
prevail to the extent of such conflict.
( CharterReviewCommittee /CharterReviewForm) 9
(2) Referendum. If a majority of the qualified electors voting on a referred ordinance
vote against it. it shall be considered repealed upon certification of the election
results.
COMMENTS: Staff concurs.
ARTICLE IV - ADMINISTRATION
Section 4.01 - Appointment and qualifications of the city manager
Section 4.02 - Powers and duties of the city manager
Section 4.03 - Acting city manager
Section 4.04 - Creation of departments
Section 4.05 - City attorney
Section 4.06 - City Clerk
Section 4.07 - Personnel system
(a) All appointments and promotions of city officers and employees shall be made solely on the
basis of merit, fitness, and demonstrated ability.
(b) Consistent with all applicable federal and state laws, the city council shall provide for the
establishment, regulation, and maintenance of a personnel system
COMMENTS: Language change only, staff concurs.
Section 4.08 - Financial and purchasing procedures and regulations
Section 4.09 - Administrative code
Section 4.10 - Code of ethics
Section 4.11 - Resident requirements for certain city employees
The city manager, city attorney, city clerk, and all department heads shall reside within the
corporate limits of the city within six (6) months after the completion of the probationary period
( CharterReviewCommittee /CharterReviewForm) 10
unless the requirement is waived by the city council. Except as to the city manager, the The city
council may waive the residency requirement if the waiver is deemed to be in the best interests of
procuring the services of the most qualified professional applicant. Council shall only grant waivers
under extraordinary circumstance and may impose reasonable conditions, such as, for example:
limits on the time of the waiver. This section shall not apply to any department head or city officer
hired prior to the effective date of this section unless the residency requirement found in Chapter
27532, Laws of Florida, Special Acts of 1951, as amended, was applicable to such department head
or officer.
COMMENTS: Staff Concurs.
ARTICLE V - ELECTIONS
Section 5.01 - Electors
Section 5.02 - Nonpartisan elections
Section 5.03 - Qualification of candidates
Section 5.04 - Conduct of elections
Section 5.05 - Regular and primary elections
(a) Regular city election
(b) Primary election
Section 5.06 - Public Information
Dissemination of information and education of the public regarding City issues shall be
deemed a public purpose for which City funds may be expended. Principles of fairness and the Code
of Ethics shall govern the form and content of such efforts.
COMMENTS: Staff concurs.
ARTICLE VI - TRANSITION SCHEDULE
Section 6.01 - Continuation of former charter provisions
Section 6.02 - Ordinances and resolutions preserved
( CharterReviewCommittee /CharterReviewForm) 11
Section 6.03 - Rights of officers, employees and the city council
Section 6.04 - Pending matters
Section 6.05 - Severability and applicability
Section 6.06 - Effective date
Section 6.07 - Charter review
Every five (5) years after the adoption of this charter, the city council shall appoint a charter
review committee to review the city charter and recommend additions, deletions, or changes to the
city council for its consideration.
COMMENTS: Staff concurs.
Section 6.08 - Charter amendment
This charter may be amended in accordance with general law.
COMMENTS: Staff concurs.
MINORITY REPORTS:
Based on the minority report from members of the Charter Committee, Staff recommends
that City Council consider the following addition:
Section 3.04 Elections and terms.
The term of office shall be for two (2) years, beginning at the next regular council
meeting after the election. The regular election of the City Council shall be held each year on
the date that would be established by the Florida Election Code. Elections for City Council
members representing district two (2), and four (4) and the Mayor shall be conducted in even
years. Elections for City Council members representing districts one (1) and three (3) shall
(CharterReviewCommittee /CharterReviewForm) 12
be conducted in odd years.
COMMENTS: The consistency of City Council action can only be
accomplished if there is some continuity of elected officials.
(CharterReviewCommittee /CharterReviewForm) 13