01-11-1999 - Joint Workshop
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9HE CITY OF ED9EWATER
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
December 28, 1998
-PUBLIC NOTICE-
Due to up-coming holidays (New Years and Martin Luther King, Jr.'s Birthday), the regular
City Council meetings currently scheduled for January 4, 1999, and January 18, 1999, have been
rescheduled for 7:00 p.m. on January 11, 1999.
The City Council will hold ajoint workshop session with the Charter Review Committee at
6:00 p.m., Monday, January 11, 1999, in the Community Center prior to the rescheduled City'
Council meeting. The purpose of the workshop is to review the Charter Review Committee's final
report, including proposed changes to the current Charter and minority reports.
:lizm
CITY MANAGER'S OFFICE
104 NORTH RIVERSIDE DRIVE
(904)424-2404 FAX-(904)424-2409
c:\meetings\wksjOI I 1.99
Volusianet WHAT PURPOSE DOES A CITY CHARTER... Printed: 1/9/99 9:28 PM
Date: 1/6/99 4:07 PM
From: Volusianet
To: observer @volusianet.net
Copy:
Blind Copy:
Subject: WHAT PURPOSE DOES A CITY CHARTER HAVE?
There have been numerous letters and articles in the newspapers regarding the Edgewater City Charter and the matter
of residency. Obviously there is little agreement amongst the citizinery regarding this matter, but the Charter does state
specifically that department heads, presumably including the City Manager and the City Attorney, are to be residents of
Edgewater. This same Charter does allow the City Council to waive (or bypass) this requirement, presumably for the public
good. What other cities do has been amply detailed in the article by Debbie Brazzell (Jan. 2, 1999), but they do not necessarily
operate by the same kind of charter.
While Mr. Ewing clearly wants all departments to dwell within the City of Edgewater, Mr. Keenan does not believe this is
important (Observer, Jan. 5, 1999). However, Mr. Keenan does have a factual error in his latest letter. City Manager Mr.
Hooper and City Attorney Ms. Clayton are not the only department heads now dwelling outside the city. Newly appointed heads
Ms. Plaskett, Mr. Fisher, and Ms. Singler live in New Smyrna, and Police Chief Schumaker dwells in Deland, as he did prior to
the enactment of this City Charter. As far as I can see, all six of these people are doing credible work for the City of Edgewater.
The former City Manager, Mr. McMahon, lived in the City of Edgewater and seemed to arouse much hostility in many of
his decisions, especially those involving the water detention system. Simply dwelling in Edgewater was not a deterrent to his
decisions. Time will tell whether this stormwater system was a good choice, but the anger engendered was clearly exhibited in
the last election.
Perhaps it is time to re- evaluate the residency requirement, and then have the citizens decide what they wish on this.
True, the present Charter was only approved in 1988, but times and needs do change. This should be the topic of at least one
open house meeting, and should be discussed often in the local newspapers and in Edgewater's monthly newsletter. We need
an informed citizinery to decide this matter. Probably special, unofficial meetings need to be held in such locations as outside
the food stores, and at the Edgewater library. Council meetings, the newsletters, and newspaper articles did not sufficiently
inform the people about the stormwater system now in place. Some people just do not read these items or go to Council
meetings.
One matter that needs resolved, if we are to make such a change, is how far away and where can these department
heads and other staff live? Would living in the county invalidate the residency requirement? Much of the surrounding areas are
classed as Edgewater by the post office. How about New Smyrna, or Samsula? We currently have staff people living as far
away as the Orlando area. Would Jacksonville be suitable? How about Tampa? Where does one draw the line? This must not
be a casual thing decided by whatever Council is in office. We need a working, and workable, City Charter. One that would
seldom be violated. To achieve this, we need an informed citizinery!
Dr. Charles G. Gebelein,
Citizen of Edgewater
Address: 1730 Umbrella Tree Drive, Edgewater, FL 32132
Phone: 904 -427 -9930
Page 1
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41 CM■N> 4 C101 1.
CITY OF EDGEWATER
December 17, 1998 Meeting
Minutes
The December 17, 1998 meeting of the City of Edgewater Charter Review Committee was called
to order at 2:15 p.m. in the City Hall Conference Room.
Call To Order:
Meeting was called to order by the Secretary. Members present were George Ewing, Ferdinand
Heeb, Sandy Jones and Wolfgang Unger, Michael Nattress being absent. Robin Wolf, Committee
Secretary was also present.
Approval of Minutes:
Ms. Jones made a motion with second by Mr. Unger to approve the November 16, 1998 minutes
with a correction to read November 17, 1998 minutes. Motion to approve was carried 4 -0.
Old Business:
1) The Committee reviewed "Proposed" Charter Revisions. After motion by Mr. Heeb and
second by Ms. Jones, the following Sections were approved by a vote of 4 -0 as written:
Section 2.02 - Limitation on Annexation
Section 3.03 - Qualifications (paragraphs a & b)
Section 3.06 - Mayor
Section 3.08 - Prohibitions (paragraphs d & e)
Section 3.09 - Vacancies; forfeiture of office; recall; filling of vacancies (paragraph d
(1)(2)(3) & (4)
Section 4.07 - Personnel system (paragraph b)
Section 4.11 - Resident requirements for certain employees
Section 5.06 - Public information
Section 6.07 - Charter review
Section 6.08 - Charter amendment
(CharterReviewCommittee /Minutes - December 1 7,1998)
Charter Review Committee
December 17, 1998
Page 2
2) Section 3.11 - Procedure (paragraph b - rules & journal)
After Committee discussion a motion was made by Mr. Heeb with second by Ms. Jones and
Mr. Ewing (motion carried 4 -0) to amend the language to read ... regular council meetings
shall include "Citizen Comments" ( "not to include agenda items ") at the beginning of the
meeting...
3) Section 3.13 - Initiative & referendum
During discussion Mr. Unger informed the Committee that he did not agree with the
language as it reads in paragraph (a)(1) & (2), and feels that this is not proper use of the
english language. The Committee further reviewed this section and decided it was taken
from the model city charter and requested the City Attorney to review the language one more
time. After motion by Mr. Heeb with second by Ms. Jones (motion carried 4 -0), it was
decided that the Committee approve this section contingent upon review and final approval
by the City Attorney.
New Business:
1) The Committee requested that during the December 21, 1998 City Council meeting, Council
be asked to schedule a Workshop for the beginning of January 1999, between Council and
Committee. The Committee will address the proposed revisions and minority issues during
the meeting.
2) The Committee discussed submission of ballot questions and it was decided that they will
be submitted to Council after the Workshop. Ballot questions will be compiled article by
article with the exception of Section 3.13 and all scrivenors errors which will be listed as
separate ballot questions.
3) The Committee then decided that since Mr. Nattress was not present, if he had any questions
in regards to the items approved, the Committee would meet again to address his concerns.
4) Mr. Unger submitted a copy of his minority report regarding Council having the authority
to override the City Manager regarding issues of organization and policy. This report will
be addressed along with other minority reports during the Workshop Session scheduled with
Council.
(CharterReviewCommittee /Minutes - December 1 7,1998)
Charter Review Committee
December 17, 1998
Page 3
Public Comments:
None
Adjournment:
After motion by Ms. Jones and second by Mr. Heeb, meeting adjourned at 3:10 p.m..
Respectfully submitted,
Robin Wolf
Committee Secretary
( CharterReviewCommittee /Minutes - December 1 7,1998)
RECEIVE 0 -,
JAN 0 7 1999
CITY MA Mi
JANUARY /4, 1999
THE REASON I AGREED TO SERVE ON THE CHARTER REVIEW CO "MITTEE WAS
TO GIVE THE GOVFJJ.N "TENT BACK TO THE PEOPLE. I HOPE THE PRESENT
CITY COUNCIL WILL SERIOUSLY CONSIDER THESE CHANGES. 'THIS IS YOUR
OPPORTUNITY TO GIVE THE PEOPLE A CHOICE BY REFERENDUM.
I A1" VERY HAPPY THAT THE MAJORITY FFLT THAT WE SHOULD HAVE A
LIMITATION ON P0RR01YING, "?UALIFICATIONS AND RESIDENCY REQUIRE "ENTS
FOR CITY COUNCIL, NEW RULES FOR CITIZEN CO" "ENTS, LI`ITATIONS ON
ANNEXATIONS, FILLING VACANCIES OF ELECTED OFFICIALS A'D LI"ITS
ON GENERAL FUND RESERVES.
rINolf rTY REPORT
THIS " "A5 BE —Irrim AS A MI );p LIT PJTflRT NTT T T FEEL THE FOLLO 'I 'G
CHANGES IN THE CITY OF EDGEWATER CHARTER SHOULD ALSO BF CONSIDERED
BY COUNCIL TO GIVE TmE CITIZENS AN OPPORT TNITY TO 'TOTE THEIR
FISHES. FIVE CHARTER REVIEW mF"11 ERS DOES NOT, I RFPFAT,DOES ',SOT
IN ANY WAY ALLOW 01'R CITIZENS A VOICE 1'O A."END THE Cr4ARTFR.
THE FOLLOWING PROPOSALS ARE SIJn"I'TTED;
1. RESIDENCY OF CITY MANAGER, ATTORNEY AND DEPARTMENT HEADS. THIS
IS IN T "E PRESENT CHARTER AND WAS APPROVED 011 THE LAST CHARTER
VOTE. HO'WEIER, A CITY COUNCIL WAIVER ' VAS INCLUDED THAT I DO
NOT BELIE"TE THE CITIZENS UNDERSTOOD AND SHOULD BE EXCLUDED.
2. T "0 TFRr' LI "VIES. CHANGE IS BENEFICIAL.
3. VOTE BY DISTRICTS. AT THE PRESENT TI "E A COIJNCIL PERSON COULD
BE DEFEATED IN HIS /HER DISTRICT, B1JT ';TIP 07 VOTES IN OTHER
DISTRICTS. IF THIS WAS CHANGED COUNCIL 1EWBERS 'WOULD THEN
BF ACCOUNTABLE TO VOTERS IN THERE OWJ DISTRICTS.
4. GIVE THIS AND FUTURE COUNCILS THE AUTHORITY UY r ^AJORI T Y ' TOTE
TO HIRE AND FIRE DEPART "ENT HEADS ONLY. THIS MAY AVOID CI
MANAGER TUR NOVERS. .
AGAIN, LETS GIVE OUR CITIZENS THE OPPORTUNITY TO DECIDE.
GEORGE EWING, CHAIRMAN
CHARTER RFTTIF''I COm"IP TEE
Minority Report
Section 3.04
Elections and Terms
"IF YOU DON'T KNOW WHERE YOU'RE GOING ANY ROAD WILL TAKE YOU
THERE."
The City of Edgewater has by charter required that all council members be reelected
every two years. The purpose of this particular article is to ensure that there is control by
the people and that the council is responsive to the electorate.
At first glance, this would appear to be a desirable way for the people to interact with its
governmental agency. However, upon inspection one finds that although there is
considerable interaction between the council and the people it becomes difficult for
government to develop a long -term strategy to address community changes. The
immediate effect of the existing article is a continuous short-term reactionary approach to •
the natural growth of the community. Growth of the community will occur regardless;
therefore it is incumbent upon government to develop a control mechanism for this
growth. When people and ideas are changing at such a rapid rate, the development of a
continuous operating plan is impossible and the result again, is a short-term reaction.
A system that allows for staggered terms provides the opportunity to carry forward a
long - term plan through orderly transition. Not only does this meet the needs of the
community through the normal infusion of ideas, but makes the government more pro-
active and less reactive. The net result is a long -term strategy that is dynamic and serves
the will of the people.
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THE REASON I AGREED TO SERVE ON THE CHARTER REVIEW COI; "MITTEE WAS
TO GIVE GOVERNMENT BACK TO THE PEOPL WHAT WE DECIDE TO CHANGE
OR ADD AWAY OR MAY NOT MEET THE MAJORITY OF OIJR CITIZENS OR
COUNCIL. HOWEVER, I WOULD LIKE TO GO ON RECORD TO REVISE OR
CHANGE THE FOLLOWING.
1. RESIDENCY AND THE AUTHORITY OF COUNCIL TO HIRE AND FIRE
ALL INDI" IDUALS IN CHARGE OF SECTIONS AND /OR DEPARTMENT
HEADS. _
2. LIMIT ON DEBT.
3. & 'MAXIMUM CASH RESERVE.
4. FIVE YEAR REVIEW OF CHARTER.
5. TWO TERM LIMITS.
6. CITIZENS COMMENTS AT COUNCIL MEETINGS.
7. VOTE BY DISTRICTS.
•UNDERLINED. ITE!S IDENTIFIED FOR SPECIFIC R77IEW BY
CITY COUNCIL & MAW1GER.
RESOLUTION NO. 0 7 -R -28 DATED 12 -1 -97
GEORGE EW1NG
PROPOSED
CHARTER
REVISIONS
CHANGES
ADOPTED BY THE
CHARTER REVIEW
COMMITTEE AT ITS
MEETINGS AS
NOTED IN MARGIN
ARTICLE I - POWERS
Section 1.01 - General Powers
The city shall have all governmental, corporate and proprietary powers to enable it to conduct
municipal government, perform municipal functions and render municipal services, and may
exercise any power for municipal purposes except as otherwise provided by law.
Section 1.02 - Construction
The powers of the city shall be construed liberally in favor of the city, limited only by the
constitution, general law and specific limitations contained herein.
ARTICLE II - CORPORATE LIMITS
Section 2.01 - Description of corporate limits
The corporate limits of the City of Edgewater shall be as set forth in that certain document
entitled "Description of City of Edgewater Corporate Limits" as it appears on the effective date of
this Charter and as that document may from time to time be amended through adoption of annexation
and deannexation ordinances. The original of that document shall at all times be maintained as a
record of the city by the city clerk.
(CharterReviewCommittee / Charter - Revised- December 17,1998)
Struck - through passages are deleted.
Underlined passages are added. 1
•
•
06/09/98
12/17/98
Section 2.02 - Limitations on Annexation
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 3.01 - Composition
There shall be a city council consisting of a mayor and four (4) council members elected at
large by the qualified electors of the City. One (1) council member shall be elected from each of
four (4) voting districts.
Section 3.02 - Districts
The city council shall by ordinance apportion the city into four (4) voting districts numbered
one (1) through four (4) which shall be as nearly equal in population as possible. Within six (6)
months after official publication of the decennial census, the city council shall be ordinance adjust
the district boundaries as required to provide for four (4) districts as nearly equal in population as
possible.
06/23/98
12/17/98
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 whe-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 council member's term of
(CharterReviewCommittee / Charter- Revised - Decemberl 7,1998)
Struekth+rough passages are deleted.
Underlined passages are added. 2
office.
Section 3.04 - Elections and terms
Beginning in 1997, the regular election of the city council shall be held in each odd -
numbered year on the date that would be established by the Florida Code for the second primary if
it were an even - numbered year in the manner prescribed in Article V of this Charter. The term of
office shall be for two (2) years, beginning at the next regular council meeting after the election.
Section 3.05 - Compensation 04/21/98
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.
02/17/98
12/17/98
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 3.07 - General powers and duties
All legislative powers of the city shall be vested in the city council, except as provided by
law or this charter, and the city council shall provide for the exercise thereof and for the performance
of all duties and obligations imposed on the city by law.
Section 3.08 - Prohibitions
(a) Holding other office. No former member of the city council shall hold any compensated
(CharterRevi ewCommi ttee/Ch arter-Revi sed-December 17,1998)
Struelt-threttgh passages are deleted.
Underlined passages are added. 3
appointive city office or employment with the city until one year after the expiration of the
term for which the member was elected.
(b) Appointments and removals. Neither the city council nor any of its members shall in any
manner dictate the appointment or removal of any city administrative officer or employee
whom the city manager or any subordinate of the city manager is empowered to appoint, but
the city council may express its views and fully and freely discuss with the city manager
anything pertaining to appointment and removal of such officers and employees.
(c) Interference with administration. Except for the purpose of inquiries and information
gathering, the city council or its members shall not deal with city officers and employees
who are subject to the direction and supervision of the manager except through the city
manager. Neither the city council nor its members shall give orders to any such officer or
employee, either publicly or privately. Nothing in the foregoing is to be construed to
prohibit individual members of the city council from closely scrutinizing through questions
and personal observation all aspects of city operations as to obtain independent information
to assist the members in the formulation of sound policies to be considered by the city
council. It is the express intent of this charter, however, that recommendations for
improvements in the city operations by individual council members be made to and through
the city manager, so that the city manager may coordinate efforts of all city departments to
achieve the greatest possible savings through the most efficient and sound means available.
6. 06/16/98
( 1.1 ( "/ " A/ 11/16/98
12/17/98
(d) Limitations on borrowing. The City of dgewater shall not incu additional debt of more
than 0.75% of the total -assessments ne 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.
11/16/98
12/17/98
(e) 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. The office of a member of the city council shall become vacant upon his death,
resignation, entry upon the office of mayor, or removal from office or forfeiture of office in
any manner provided by law.
(CharterReviewCommittee /Charter- Revised- December17,1998)
Struelt-iltrftugh passages are deleted.
Underlined passages are added. 4
(b) Forfeiture of office. A member of the city council shall forfeit that office if the member:
(1) Is absent from three (3) consecutive regular council meetings without being excused
by the council,
(2) Violates any standard of conduct or code of ethics established by law for public
officials,
(3) Lacks at any time during the term of office for which the member was elected any
qualification for the office prescribed by this charter or by law, or
(4) Violates any express prohibition of this charter.
(c) Recall. City council members shall be subject to the municipal recall provisions of Section
100.361, Florida Statutes.
(d) Filling of vacancies. Except as otherwise prescribed by law, a vacancy on the city council
shall be filled as follows:
06/16/98
12/17/98
(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 serve as mayor for thc unexpired tcrm
mcmbcr shall thcn bc created for thc district fro --
and shall bc fillcd as sct forth below. Once thc vacancy in thc office of council
mcmbcr is fillcd, a new vicc mayor shall bc elected by thc city council.
06/16/98
12/17/98
(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
(CharterReviewCommittee /Charter- Revised- December17,1998)
Std passages are deleted.
Underlined passages are added. 5
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. In the event that all members of the council are removed by death,
disability, forfeiture of office, or if at any time the membership of the Council is reduced to
less than a quorum, the Governor shall appoint the number of interim council members
necessary to constitute a quorum. That interim city council shall call a special election which
shall be conducted in the same manner as if it were the first election under this charter
pursuant to Section 3.04. The council members elected during the special election shall
serve until the next regular city election at which time council members shall be elected in
the manner prescribed in Article V of this Charter.
Section 3.10 Judge of qualifications
The city council shall be the judge of the election and qualifications of its members and of
the grounds for forfeiture of their office. A member charged with conduct constituting grounds for
forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall
be published at least thirty (30) days prior to the hearing in a newspaper of general circulation in the
city.
Section 3.11 Procedure
(a) Meetings. The city council shall meet regularly at least once a month at such times and
places are determined by the city council. Special meetings may be held on the call of the
((harter ReviewCommittce /Charter - Revised- Dccember17,1998)
Struck through passages are deleted.
Underlined passages are added. 6
mayor, vice mayor, or majority of the members and, whenever practicable, upon no less than
twenty -four (24) hours notice to each member and the public. Except as provided by law,
all meetings shall be open to the public.
06/06/98
12/17/98
(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. Voting on ordinances and resolutions shall be by roll call and shall be recorded in
the journal. Three (3) members of the city council shall constitute a quorum, but a smaller
number may adjourn from time to time and may compel the attendance of absent members
in the manner and subject to the penalties prescribed by the rules of the council. Except in
the case of an emergency, unless otherwise provided in this charter or by law, a motion is
adopted when approved by the votes of a majority of the members present and an ordinance
or resolution is adopted when approved by the votes of three (3) or more members of the city
council. An emergency shall mean an imminent threat to the health, safety, and welfare of
the citizens of Edgewater.
Section 3.12 - Ordinances and resolutions
Ordinances and resolutions shall be adopted by the city council in accordance with general
law.
12/17/98
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.
(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
(CharterReviewCommittee / Charter - Revised- Decemberl 7,1998)
Struck rough passages are deleted.
Underlined passages are added. 7
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,
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.
(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
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
(CharterReviewCommittee/ Charter - Revised- Decemberl 7,1998)
Struck through passages are deleted.
Underlined passages are added. 8
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.
(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.
(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.
Wf Action on petitions.
(CharterRevi ewCommittee /Charter- Revised - December 17,1998 )
Struck throug#h passages are deleted.
Underlined passages are added. 9
al 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
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.
(3) Withdrawal of petitions. An initiative or referendum petition may be withdrawn at
any time prior to the fifteenthjl5 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.
(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.
(CharterReviewCommittee /Charter -Revised- December 17,1998 )
Struck through passages are deleted.
Underlined passages are added. 10
ARTICLE IV - ADMINISTRATION
Section 4.01 - Appointment and qualifications of the city manager
The city council shall by a majority vote of its total membership appoint a city manager and
establish the terms of employment and fix the level of compensation. The city manager shall be
appointed solely on the basis of executive and administrative qualifications.
Section 4.02 - Powers and duties of the city manager
The city manager shall be the chief administrative officer of the city and shall be responsible
to the city council for the administration of all city affairs placed in the city manager's charge under
this charter. The city manager shall:
(1) Appoint, and when necessary, suspend or remove, all officers and employees of the
city except as otherwise provided by law, this charter, or personnel rules adopted
pursuant to this charter. The city manager may authorize any officer subject to the
city manager's direction and supervision to exercise these powers with respect to
subordinates in that officer's department or agency;
(2) Direct and supervise the administration of all departments, offices, and agencies of
the city except as otherwise provided by this charter or by law;
(3) Attend all city council meetings. The city manager shall have the right to take part
in the discussion but shall not vote;
(4) See that all laws, provisions of this charter and acts of the city council, subject to
enforcement by the city manager or by officers subject to the manager's direction and
supervision, are faithfully executed;
(5) Prepare and submit the annual budget and capital program to the city council;
(6) Submit to the city council a complete report on the finances and administrative
activities of the city as of the end of each fiscal year;
(7) Make such other reports as the city council may require concerning the operations
of city departments, offices, agencies;
(8) Keep the city council advised as to the financial condition and future needs of the
(Ch arterRevi ewCommittee/Ch arter-Revi sed-December 1 7,1998)
Struek- through passages are deleted.
Underlined passages are added. 11
city;
(9) Make recommendations to the city council concerning the affairs of the city;
(10) Provide staff support services for the city council;
(11) Sign contracts, agreements, or leases on behalf city to the extent authorized by
ordinance; and
(12) Perform such other duties as are specified in this charter or may be required by the
city council.
Section 4.03 - Acting city manager
By memorandum submitted to the city council, the city manager shall designate a qualified
city administrative officer to exercise the powers and perform the duties of city manager during the
city manager's temporary absence or disability. The council may revoke such designation at any
time and appoint another administrative officer of the city to serve until the city manager returns.
Section 4.04 - Creation of departments
The city council may establish city departments, offices, or agencies in addition to those
created by the charter and may prescribe the functions of all departments, offices and agencies,
except that no function assigned by this charter to a particular department, office, or agency may be
discontinued or, unless this charter specifically provides, assigned to any other.
Section 4.05 - City attorney
The city council shall appoint a city attorney and establish the terms of employment and fix
the level of compensation. The city attorney must be admitted to the practice of law in the State of
Florida. The city attorney shall be the chief legal advisor to, and attorney for, the city council, city
manager, city clerk, and all city departments, offices, and agencies and shall perform any other duties
prescribed by this charter or as may be required by the city council. The city attorney shall report
directly to the city council and shall not be under the supervision and direction of the city manager.
Section 4.06 - City Clerk
The city council shall appoint a city clerk and establish the terms of employment and fix the
level of compensation. The city clerk shall keep the journal of city council proceedings and be the
official custodian of public records. The city clerk shall serve as the elections clerk and shall
(CharterReviewCommittee /Charter - Revised - December 17,1998)
passages are deleted.
Underlined passages are added. 12
perform any other duties prescribed by general law, this charter, or as may be required by the city
council. The city clerk shall report directly to the city council and shall not be under the supervision
and direction of the city manager.
03/03/98, 03/17/98
Section 4.07 - Personnel system 12/17/98
(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 4.08 - Financial and purchasing procedures and regulations
Consistent with all applicable federal and state laws, the city council shall establish
procedures and regulations governing the financial management of the city and the city's purchasing
system.
Section 4.09 - Administrative code
The city council shall adopt an administrative code setting forth the administrative
procedures of each department and the relationship between the city council and the city officers.
Section 4.10 - Code of ethics
Members of the city council, all appointed officers, and all city employees shall be bound
by the requirements of the Code of Ethics for Public Officers and Employees, Part III, Chapter 112,
Florida Statutes .which includes, but is not limited to: standards of conduct for public officers and
employees; restriction on the employment of relatives; regulation of voting conflicts; requirements
for disclosure of financial interests and clients represented before agencies; requirements regarding
the reporting and prohibited receipt of gifts; regulations regarding the solicitation and disclosure of
honoraria; and the provision of penalties.
06/09/98
Section 4.11 - Resident requirements for certain city employees 12/17/98
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
(CharterReviewCommittee /Charter -Revi sed- December 17,1998)
Straelc- threagh passages are deleted.
Underlined passages are added. 13
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 5.01 - Electors
Any person who is a resident of the city, who has qualified as an elector of this state, and who
registers in the manner prescribed by general law and ordinance of the city, shall be an elector of the
city.
Section 5.02 - Nonpartisan elections
All city council elections shall be conducted on a nonpartisan basis without designation of
political party affiliation.
Section 5.03 - Qualification of candidates
(a) Any person seeking to become a candidate for city council shall file a notice of intention to
become a candidate with the city clerk. Any person seeking to become a candidate must be
in compliance with the requirements of Section 3.03 at the time of filing the notice of
intention. In addition to information required by the elections laws of the State of Florida,
such notice of intention shall include the following information.
(1) The candidates name and address
(2) A declaration that the candidate is a qualified elector of the city
(3) A declaration as to which office the candidate is seeking election and in the case of
a council member, the district from which the candidate seeks to be elected. No
person shall be a candidate for mayor and council member at the same time and no
person shall be a candidate for more than one council seat in the same election.
(b) Each notice of intention shall be signed by the person seeking to become a candidate and
shall include a sworn affidavit attesting to the accuracy of the information contained therein.
(Ch arterRevi ewCommi ttee/Ch arter-Revi sed- December 17,1998)
passages are deleted.
Underlined passages are added. 14
(c) Such notice of intention shall be filed with the city clerk any time after noon of the first day
of qualifying, which shall be the fiftieth day prior to the first primary election, but not later
than noon of the forty-sixth day prior to the date of the first primary. The city clerk shall
post in city hall notification of the date of the first primary election no later than ninety (90)
days prior to the date of the first primary.
(d) At the time of filing such notice of intention to become a candidate, the candidate shall also
comply with all other requirements of the election laws of the State of Florida applicable to
candidates for municipal office.
Section 5.04 - Conduct of elections
Except as provided in this charter and by ordinance, all elections shall be conducted in
accordance with the elections laws of the State of Florida.
Section 5.05 - Regular and primary elections
(a) Regular city election. If only two (2) candidates qualify for the office of mayor or for the
office of council member from any one district, then the candidate receiving the highest
number of votes at the regular city election shall be declared elected.
(b) Primary election. If more than two (2) candidates qualify for the office of mayor or for the
office of council member from any one district, then there shall be a primary election held
at the time required by the election laws of the State of Florida. If any candidate in the
primary election receives a majority of the votes cast for that office, such candidate shall be
declared elected without the necessity of running in the regular city election. If no candidate
receives a majority of the votes cast for that office, the two (2) candidates receiving the
highest number of votes in the primary election shall be declared candidates for that office
and shall run in the regular city election. The candidate receiving the highest number of
votes in the regular election shall be declared elected. In the case of a tie vote in the primary
election the candidates shall be determined pursuant to the election laws of the State of
Florida.
11/16/98
12/17/98
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.
(Ch arterRevi ewCommi ttee/Charter-Revi sed-December 17,1998)
°truck through passages are deleted.
Underlined passages are added. 15
ARTICLE VI - TRANSITION SCHEDULE
03/17/98
Section 6.01- Continuation of former charter provisions
All provisions of the charter of the City of Edgewater in effect immediately prior to the
effective date of this charter which are not contained herein and which are not inconsistent with this
charter shall become ordinances of the city subject to modification or repeal in the same manner as
other ordinances of the city.
Section 6.02 - Ordinances and resolutions preserved
All ordinances and resolutions in effect immediately prior to the effective date of this charter
shall remain in full force and effect to the extent not inconsistent or in conflict with this charter until
repealed or changed as provided by law.
Section 6.03 - Rights of officers, employees and the city council
Nothing in this charter except as otherwise specifically provided shall affect or impair the
rights or privileges of persons who were city officers or employees immediately prior to the effective
date of this charter. Members of the city council shall continue to hold office until the expiration
of their terms.
Section 6.04 - Pending matters
All rights, claims, actions, orders, contracts and legal or administrative proceedings involving
the city immediately prior to the effective date of this charter shall continue except as modified
pursuant to the provisions of this charter.
Section 6.05 - Severability and applicability
If any portion of this charter is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this charter. If this
charter or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
Section 6.06 - Effective date
This charter shall take effect upon approval by a majority of the electors voting in the special
(Ch arterReviewCommittee /Charter -Revi sed- December 17,1998)
Struck threur passages are deleted.
Underlined passages are added. 16
election upon this charter.
Section 6.07 - Charter review 12/17/98
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 12/17/98
This charter may be amended in accordance with general law.
(CharterReviewCommittee /Charter -Revised- December 17,1998)
melt trough passages are deleted.
Underlined passages are added. 17
CITY OF EDGEWATER
City Manager's Office
MEMORANDUM
DATE: January 7, 1999
TO: Mayor and City Council
FROM: Elizabeth J. McBride, Executive Secretary
SUBJECT: Residency Requirements
For your information, copies of Resolutions and Ordinances in regard to the residency requirements
for the City Manager and all department heads have been attached.
:ejm
Attachments
cc: Kenneth R. Hooper, City Manager
Nikki Clayton, City Attorney
Press
c:\memos\residenc.yrq
" :z
7 4- t :';' : 4-'' RESOLUTION NO 3o- R ,i ' , H*
A RESOLUTION OF THE CITY COUNCIL OF THE CITY 4:
OF EDGEWATER, FLORIDA, DECLARING THE RESULTS 4 °.
OF A SPECIAL ELECTION HELD FEBRUARY 2, 1986, ' a
FOR THE PURPOSES OF DETER`�iINING WHETHER THE �
CITY CHARTER SHALL BE AMENDED TO PROVIDE FOR
A CITY MANAGER FORM OF GGVERNENT, 10 PROVIDE ..
FOR VOTER PERFORMANCE APPROVAL FOR THE CITY .. „. •.
MANAGER, AND RESIDENCY REQUIREMENTS FOR THE � 1V
CITY MANAGER AND ALL DEPARTMENT HEADS; .,
REPEALING ALL RESOLUTIONS IN CONFLICT HERE- 1..e'
'KITH AND PROVIDING FOR AN EFFECTIVE DATE. ,
A W, '1.4
• R ” {`
WHEREAS, S, � signed DY ;u7 egist�e ed Hrs '�;'
Presented to �: _ t; � L�� c i 1 c, : 'D , ; ,
''.
x:. .
3.1^, tR..
WHEREAS, Ordinance No 87-C-29. adopted Dece ..,��i 21, 1937, ; °'
1
called r,�r a special election tc be nei , for the
°• ca 1. i !,..,se or + 1 , ':
determining whether the Cit Charter shall be 4;.
Y ter sh: :men top , -
vide fcr a Ci t, , `.,�.t!ge: f of n .- e4 .. ,,
f
pe � crm: =pprc i l fur _ , , , �
redu 1 re .
:,�-nts 7,. t C : Mdna �
,ate "
• WHEREAS, _. s p e c i a l election wis di . h. i . in =1 : v 1:1A1.'
Edgeerater on I . _,_ :r.� .'983:
'+
WHEREAS all ballets cast in - el
�w. r
tabulated and c
h f �7
NOW, THEREFORE, BE I T RESOL'V'ED - Y ',HE C I Y Coin;( .- Ur THE - ,p,
Z .,
CITY OF EDGEWATER, FLORIDA: - :- ►
SECTION 1: That the fo11c t_ b
laced concer .�
n r ! tOli,,;',;�
i �g poi i cling L;_._J :.bi - is _ . i , -.Agi h
4
ballot of said election: t . N .4 -.
r
O vestion 1: Should the City CL.:: t be en doc . ; .. -
the City Council the authority' to .,uUO i M DY j; � �
,e
a City Manager; providing for duties, responsibilities Y ' ..4
and conditions of employment? : ' ;
MACHINE VOTES: 1 / 6 c Yes vp tes for ac;" t i Di; '
I 1 Nc ,,, ` -,s age: its t ,ac t ion e f
ABSENTEE VOTES: .
AB Ye_ v res f��� acs. _ `�
TOTAL: . ...
1 _ Yep votes for Udc�� 1 .,
L I 0 S i • No votes against acuptiOil
[',. si,r ,fit y4
Ot estiorl. 2: Should the City Manager be subject to a r 4 ,
' s : - voters performance approval every two years.
,$: MACHINE VOTES: /36A ' Yes votes for adoption
`'. ' 9 7 4 ' No votes against adoption
ABSENTEE VOTES: _20 Yes votes for adoption y
1 9 No votes against adoption , i '
.
R ° ; "
TOTAL: 1 t3L , Yes votes for adoption ti
( No votes against adoption
■ ale
� Question 3: Should the City Manager and Department g
" heads reside within the City limits of the City of -
t., . Edgewater? t
K y q
} ;
d
MACHINE VOTES: / 1:5 Yes votes for adoption ,1,.:
{ ` - 7 1 .3 No votes against adoptio =
.11
ABSENTEE VOTES: J 7 Yes votes for adoption z
1 , No votes against adoption r
TOTAL: 1 j Yes votes for C:2 on
79 No votes against :::option „<
= ;r SECTION 2: The city Council of the City of F ge,',ate r hb :e'ipy 't;;1111
X declares that votes were cast in favor cf ...:„pticn and t1 at ks4
p liv:.f ,
yo ,/ votes we re cast against ac.orL :6e ol Cue tic :1 1; teat J Y ,
i, ' ; � votes were cast in favor of adoption and that s// votes we: o cast a
against adoption of Question 2; and that-jL .�
2/ votes were cast in ,.
favor of adoption and ti; votes ..as: ag - adoption f • �. "$
Question 3. / i' -
I
'' SECTION 3: That all resolutions or parts of resolutions in ;t'.
conflict herewith be and the same are hereby r ;. e, : :ied:
1 .
s 9 4
SECTION 4: That this resolution shall take effect inimedi-
C T ,Y
ately upon its adoption by the City Council of the City of , `m
Edgewater and approval as provided by law, ` '
1
F
y
0
S ,F4
,; :. -2- Res. No. 8b -R -9
l ;
, ,,,. •
, 4
i - --, - - 7 ' • , • ' , .. - -.
• II
k ,, l'",4, 't, t . k ' i 14k*' ti I •
....;"
1
This ResolutiOM was introduced and sponsored by Councilman
ti ,A, •i
Astin% and was read and passed by a majority vote of ,..,
f ig•••
the City Council of the City of Edgewater, Florida, at a ,,..-....--‘
- • ` *"., i' ''. /
.... ' 4.. .1:' special ____ meeting of said Council held on the 3ri day of ,..,•--.".
February , 198 8 , and authenticated as provided by law.
'I 4
,. -Y °*,:i ■ T,7-4 ,,
ROLL CALL VOTE ON RESOLUTION NO 88-R-9 AS FOLLOWS: '....',.-.,
.....,,
. ,e..
, x012 I3 AUGII - EXCr,JSED
.,..'...,.._ 1, ...- , _,
•r I
• .
• -,, ,g-
/ ."'i
,
MYON, (VIE)
i
?«
lirT
L - -.(.:-'
• ' : - ---- --■ Z: , ■ ,
COUR ILMAN - 2 NL ON, 44,
COUNCILMAN - ZONE Twu
2. \
- - - r Z J , P ,. ■ II
--'4'.:..• , '‘: - i
.. .
COUNCILMAN ZONE IhPEL
A...
ATTEST: Excused
COUNCILMAAN - ZONE FCuR
CITY CLERK
. --,:!..?*`i, ■ ..k.'
Authenticated this 3rd
‘... . ;., 9aY February , 198 8 ,
-....., ! ,I.
A OR (VICE)
;:,, -.*, Appro -d,fac s
4 41
CI T
.-4.:
''' ' . ' '1•J
• 1- ' ' ' ' '' '
4 f '
'
.. • -3- Res, NJ. 88-R-9
Le'
, , -
0 '0 ,
`°-'' ORDINANCE NO. 88 -0 -24
il: .' r AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OF EDGE -` _
T ''' WATER, FLOR;i)A, PURSUANT TO VOTER REFER ENDUM � a `f"' :
? .I'.
ESTABLISHING RESIDENCY REQUIREMENTS FOR THE CITY m_,, ,r ; N .
M ANAGER AND ALL DEPARTMrNT HEADS; PROVIDING FOR WAIVFR, >r':.,,: "
APPEALS AND PENALTIES; CCATAINING A REPEALER PROVISION, .- ,
M-":° . G A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE ►` +' _ '' `` DATE.
WHEREAS, at a special referendum hold in the City of Edge-
vrater, the voters overwhelmingly answered the following question P�; ':
in the affirmative: 4.;.,,..
Should the City Manager and Department Heads reside in
the City limits of the City of Edgewater?
4.
WHEREAS, the City Council of the City Edgewater, has
directe'l the Ci v Attorney o ?ren tr an U. d1a:;3 1.__ on the . h.' ',
n S
s ub ect. - . .
NOW, THEREFORE, BE IT ENAC': "EC BY _HE PEOPLE OF THE CITY OF ,
EDGEWATER, FLORIDA: �``" V "r*
SECTION 1. Statement of Purpose '
The City of .; =water declare t ,:. `;e i.. r. j ` ,"
..
x
of this Residency :e irement is to se:: . t c . i. 1 . .. -- ! `:;
ing goals: ; w ` '4 '
a. To comply with the r ancate of he , i ,ctc_ _. Y;:., ,!,. hk
`
dr w
iagiy approved a Charter amendment requ the City .',.anier a-,d 14' x
rt .. :,nt Leads to res3de w_ `.h � . - .
e �:.. t .� c __ c _. c.: limits of 1 r;
the City of Edgewater. �, r - -'
'';''
b. To guarantee the availability ,t; to ,-..::e - .
spccse of all Department Beads to handle eo.erg._,:.cy sit ;mot 1
c. To enhance the quality of relations Between the city - S
dents and the city Department Heac;s.
d. To increase economies in the coeration of city Govern-
}i4
°mcnt and promote increased interest in job performance by virtue � r . Y
1 Am y kt ,
of the personal stake of Departmeht Heads in the future of the -.fit °_+
city ° , i '' r
e. To provide general economic benefits locally from local ,- :
.
i
expenditures of salaries and payment of 1oc‘l taxes. `s'
a y ..
t
f . To diminish absenteeism ar,c: tardiness. - �. s
�L ^ µ � = absenteeism
g. To increase and strengthen the understa;:.:i:;g by A':
J
Department Heads of community feeling:. and issues as pertains ; , i * `
..
,r.
.;fi;:
^..°- ' deeisipns made 'by `Department Heads which affect the local
k.. residents health and welfare.
4,.1,:
SECTION 2. Residency Requirements
The City Council finds that legitimate governmental inter-
y gists exists, compelling the continuous residency within the Corp -
:;� orate city limits of the City Manager and all Department Heads of
x
,''` the City of Edgewater. Therefore:
«
a. All Department Heads hired after the effective date of
F,
. this Ordinance shall within six (6) months from the completion of
their probationary period become residents within the cc, porate
t V r limits of the City of Edgewater as their principal place of abode.
b. The City Council may grant a one time six (6) month MK
extension to the.requirements o: this Ordinance. li,weve _n 1.0 '"'`
g :..7.-?.,,,t, w
y
T r A.
i - event compl with the requirements of this .rdinance ::hall.
til extend beyond eighteen (18) months from the date or employment.
r l
SECTION 3. Exemptions
The City Council may waive the above oquice it it finds
k , Q h s
said waiver to be in the best interests of he 1 :1_ t th, safet` and r t ., .�
,f,Iii,A welfare of the City of Edgewater. Said waiver shall include but
Mrt
:1:1F1 oe
not be limited to the following: itt
_ a. The nature of the wc_.:.
' Z
V94 b. The location of the .:or;:. I
) c. Individual hardship. .ti-
d. ' Any other pertinent facts concernin.1 the individuals
~ployment.
SECTION 4. Appeals
r.,
,,„ t a. The City Council may hear any appeals or
y y y a_ request for a P'«
'� r� ` ,, waiver after written rotice by the aggrieved Department Head. :,
1!
bearing shall be conducted within thirty (30) ?ay: or the receipt 4'
A f
of the written notice and the Department Head shall he given the
, , ,%r A opportunity to be heard and present a:.1 rti:' ,:
_..ts and wit- 4
nesses on his /her behalf.,
b. For the purposes of this Ordinance, : �si.ience and d�
• F.
shall mean principal place of residence and d- _isi1e withi
corporate limits of the C of Fagewater. A part - time or c anal
-nce within the City in adcli icn to a perr :•:a .;ome o..~
'' the City does not satisfy the ii jjirement; of this Ordinance.
: �' 1 : . cECrION 5. penalties
a . e. ,
: -.
"� ' . a. Any individual who is subject to the terms and provi-
sions of this Ordinance but who fails to comply with such provi-
- s shall b e given written notice of violation by the City
.- '` Clerk with the right, within Five (5) business days of such
`. notice to request a hearing before the City Council as per
x
,;. Section 4 of this Ordinance.
' " b. If no "such hearing is regaested, or if the City Council,
- after he °1r ing, finds that a violation of this . dir:an( ? 'xi s,
-�� x,. the affected individual shall come into compliance within sixty
y
r
; v (60) days from finding of �'io'_..tion by ti C. C.ty C .ncH 1.
e. Failure to correct such violation shall result in
> i:r_.. -diate dismissal from em loy:nen" by the City c,: the ind ivid:ral
,§
affected.
.. Any individual willfully making false statements or re-
•.k
� pre•;entations in an effort to :__.:=vent the iic :,s __ ..,,is
Ordinance is subject tc i _
" : 't the City.
'd SECTION 6. Non Retroactive App *..cation
x Notwithstanding all of the a :.Jve, - _ _, . i, _hi.
Or 'l i nance shall not be a' 'i is :OL to a . .3rt. . .._ ,Zds wIlo at the
1 time of adoption are presently residing cuts:e the co: orate
y
. , „ lim its of the City of Edgewater.
AV SECTION 7. That all ordinances or parts of ordinance and
i all resolutions in conflict ner_wi . . , be and _ . . ;e rt. < :tc. b;
s
viii
t':: repealed.
8. If any section, part of a s=c. ion, ua. ,;_. b!- ,
Y K
' ' "; clause, phrase or word of this ordinance is deciareu .invalid, the
remaining provisions of this Ordinance shall not he affected.
Y {
SECTION 9. This Ordinance shall take effect immediate)
upon its adoption by the City Council of the City of "d7ewa' _ ,
Florida, and approval as rrovided by law.
This Ordinance was introduced by r un i„ ";tL,r
A *.
This Ordinance was read Jn first re<din , a ::d D.:15 S:: 1.:1 li
of the City Council of tha City of Fdn r1• i nr;
- - ■ - . , ,,, , . .
, •, r • - '1. . : • '', , approval as provided by law, at a
regular meeting of
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4 . said Council helA on the 19th d o f September , 1988
.4.
. . 4 •''' ,
The second reading of this Ordinance to be at a rectIli
-6. •
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mooting of the City Council of the City of Edgewater, Florida, t,
be held on the 4 ..i 1:‘' ,4 day of
October , 1988.
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ROLL CALL VOTE ON ORDINANCE NO. 8 8-0-2 4
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' ...•' -Y--,,,,;:".•-•?-..,4. This, Ordinance read and ado,cea c . z-:ecor.d rea.:: ny
cK...i at. ,
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wateI/Florida, and authenticated tnis - 3 day of
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This Ordinanc e! prepared by:
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City Attonley ,-
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. '71"•,,,, :
ORDINANCE NO. 92 -0 -5
AN ORDINANCE AMENDING CHAPTER 27532, LAWS OF
FLORIDA, SPECIAL ACTS OF 1951, AS AMENDED,
COMMONLY KNOWN AS THE CHARTER OF THE CITY OF
EDGEWATER, FLORIDA; PROVIDING FOR GENERAL
POWERS AND CONSTRUCTION OF THE CHARTER;
PROVIDING FOR A DESCRIPTION OF THE CORPORATE
LIMITS; PROVIDING FOR A CITY COUNCIL,
COMPOSITION, ESTABLISHMENT OF VOTING
DISTRICTS, QUALIFICATIONS, ELECTIONS AND
TERMS, COMPENSATION, THE MAYOR, GENERAL POWERS
AND DUTIES, PROHIBITIONS, VACANCIES,
FORFEITURE OF OFFICE, RECALL, FILLING OF
VACANCIES, THE COUNCIL AS A JUDGE OF
QUALIFICATIONS, PROCEDURE, ORDINANCES AND
RESOLUTIONS; PROVIDING FOR ADMINISTRATION OF
THE CITY, APPOINTMENT AND QUALIFICATIONS OF
THE CITY MANAGER, POWERS AND DUTIES OF THE
CITY MANAGER, ACTING CITY MANAGER, CREATION OF
DEPARTMENTS, CITY ATTORNEY, CITY CLERK,
PERSONNEL SYSTEM, FINANCIAL AND PURCHASING
•
PROCEDURES AND REGULATIONS, ADMINISTRATIVE
CODE, CODE OF ETHICS; PROVIDING FOR
ELECTIONS, ELECTORS, NON - PARTISAN ELECTIONS,
QUALIFICATIONS OF CANDIDATES, CONDUCT OF
ELECTIONS, REGULAR AND PRIMARY ELECTIONS;
PROVIDING FOR A TRANSITION SCHEDULE,
CONTINUATION OF FORMER CHARTER PROVISIONS,
ORDINANCES AND RESOLUTIONS PRESERVED;
•
PROVIDING FOR RIGHTS OF OFFICERS, EMPLOYEES,
AND THE CITY COUNCIL; PROVIDING FOR PENDING
MATTERS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE FOR THE
CHARTER; PROVIDING FOR SUBMITTAL OF THE
AMENDED CHARTER TO THE ELECTORS OF THE CITY OF
EDGEWATER AT A SPECIAL ELECTION TO BE HELD ON
MAY 27, 1992; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE FOR THE ORDINANCE;
PROVIDING FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. After numerous public meetings and untold hours of
consideration of issues on behalf of the citizens of Edgewater, the
Charter Review Committee submitted a proposed revision of the
Charter to the City Council.
2. The City Council held a Workshop on February 26, 1992, to
consider the Charter Review Committee's proposed revision and
related Staff comments. As a result of the Workshop, the City
Council directed the drafting of Ordinance No. 92 -0 -5.
3. The City Council held public meetings on March 9, 1992,
and March 14, 1992, to receive input from the citizens of Edgewater
on the first draft of Ordinance No. 92 -0 -5. Based on the comments
of the Charter Review Committee and the public during those
meetings, the City Council directed that the second draft of
Ordinance No. 92 -0 -5 be prepared.
3. A first reading of Ordinance No. 92 -0 -5 was held on April
6, 1992, and the required public hearing was held on April 20,
1992, after notice pursuant to the requirements of Section 166.041,
Florida Statutes.
4. It is in the best interest of the citizens of Edgewater
that the proposed Charter as set forth in Ordinance No. 92 -0 -5 be
submitted to the electors of the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDMENT OF THE CHARTER OF THE CITY OF EDGEWATER, FLORIDA
The Charter of the City of Edgewater, Florida, is hereby
amended to read as follows:
Article I - Powers
Section 1.01 - General Powers
The city shall have all governmental, corporate and
proprietary powers to enable it to conduct municipal government,
perform municipal functions and render municipal services, and may
exercise any power for municipal purposes except as otherwise
provided by law.
Section 1.02 - Construction
The powers of the city shall be construed liberally in
favor of the city, limited only by the constitution, general law
and specific limitations contained herein.
Article II - Corporate Limits
Section 2.01 - Description of Corporate Limits
The corporate limits of the City of Edgewater shall be as
set forth in that certain document entitled "Description of City of
Edgewater Corporate Limits" as it appears on the effective date of
this Charter and as that document may from time to time be amended
through the adoption of annexation and deannexation ordinances. The
original of that document shall at all times be maintained as a
record of the city by the city clerk.
2
Article III - City Council
Section 3.01 - Composition
There shall be a city council consisting of a mayor and
four (4) council members elected at large by the qualified electors
of the City. One (1) council member shall be elected from each of
four (4) voting districts.
Section 3.02 - Districts
The city council shall by ordinance apportion the city into
four (4) voting districts numbered one (1) through four (4) which
shall be as nearly equal in population as possible. Within six
months after official publication of the decennial census, the city
council shall by ordinance adjust the district boundaries as
required to provide for four (4) districts as nearly equal in
population as possible.
Section 3.03 - Qualifications
a. The mayor must be a qualified elector of the city 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 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
council member's term of office.
Section 3.04 - Elections and Terms
The regular election of the city council shall be held on
the first Tuesday after the first Monday in November 1992, and
every two (2) years thereafter in the manner prescribed in Article
V of this Charter. The term of office shall be for two years,
3
beginning the first Wednesday after the first Monday in November of
the year elected.
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 no ordinance shall 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.
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 3.07 - General Powers and Duties
All legislative powers of the city shall be vested in the
city council, except as provided by law or this charter, and the
city council shall provide for the exercise thereof and for the
performance of all duties and obligations imposed on the city by
law.
4
• Section 3.08 - Prohibitions
a. Holding Other Office - No former member of the city
council shall hold any compensated appointive city office or
employment with the city until one year after the expiration of the
term for which the member was elected.
b. Appointments and Removals - Neither the city council
nor any of its members shall in any manner dictate the appointment
or removal of any city administrative officer or employee whom the
city manager or any subordinate of the city manager is empowered to
appoint, but the city council may express its views and fully and
freely discuss with the city manager anything pertaining to
appointment and removal of such officers and employees.
c. Interference with Administration - Except for the
purpose of inquiries and information gathering, the city council or
its members shall not deal with city officers and employees who are
subject to the direction and supervision of the manager except
through the city manager. Neither the city council nor its members
shall give orders to any such officer or employee, either publicly
or privately. Nothing in the foregoing is to be construed to
prohibit individual members of the city council from closely
scrutinizing through questions and personal observation all aspects
of city operations so as to obtain independent information to
assist the members in the formulation of sound policies to be
considered by the city council. It is the express intent of this
charter, however, that recommendations for improvement in city
operations by individual council members be made to and through the
city manager, so that the city manager may coordinate efforts of
all city departments to achieve the greatest possible savings
through the most efficient and sound means available.
Section 3.09 - Vacancies; Forfeiture of Office; Recall; Filling of
Vacancies
a. Vacancies - The office of a member of the city council
shall become vacant upon his death, resignation, entry upon the
office of mayor, or removal from office or forfeiture of office in
5
• any manner provided by law.
b. Forfeiture of Office - A member of the city council
shall forfeit that office if the member :
1. Is absent from three (3) consecutive regular
council meetings without being excused by the
council,
2. Violates any standard of conduct or code
of ethics established by law for public officials,
3. Lacks at any time during the term of office for
which the member was elected any qualification for
the office prescribed by this charter or by law, or
4. Violates any express prohibition of this charter.
c. Recall —City council members shall be subject to the
municipal recall provisions of Section 100.361, Florida Statutes.
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,
the vice mayor shall serve as mayor for the
unexpired term of the mayor and assume all duties
of the mayor. A vacancy in the office of council
member shall then be created for the district from
which the vice mayor was elected and shall be filled as
set forth below. Once the vacancy in the office of
council member is filled, a new vice mayor shall be
elected by the city council.
2. 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 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. In the case of a vacancy in the office of council
6
• 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 at which time a council member
shall be elected in the manner prescribed in Article V
of this Charter.
e. Extraordinary Vacancies - In the event that all
members of the council are removed by death, disability, forfeiture
of office, or if at any time the membership of the Council is
reduced to less than a quorum, the Governor shall appoint the
number of interim council members necessary to constitute a quorum.
That interim city council shall call a special election which shall
be conducted in the same manner as if it were the first election
under this charter pursuant to Section 3.04. The council members
elected during the special election shall serve until the next
regular city election at which time council members shall be
elected in the manner prescribed in Article V of this Charter.
Section 3.10 - Judge of Qualifications
The city council shall be the judge of the election and
qualifications of its members and of the grounds for forfeiture of
their office. A member charged with conduct constituting grounds
for forfeiture of office shall be entitled to a public hearing on
demand, and notice of such hearing shall be published at least
thirty (30) days prior to the hearing in a newspaper of general
circulation in the city.
7
• Section 3.11 - Procedure
a. Meetings - The city council shall meet regularly at
least once a month at such times and places as determined by the
city council. Special meetings may be held on the call of the
mayor, vice mayor, or majority of the members and, whenever
practicable, upon no less than twenty -four (24) hours notice to
each member and the public. Except as provided by law, all
meetings shall be open to the public.
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" at the
beginning and directly prior to adjournment. The city council
shall provide for the keeping of a journal of its proceedings.
This journal shall be a public record.
c. Voting - Voting on ordinances and resolutions shall be
by roll call and shall be recorded in the journal. Three members
of the city council shall constitute a quorum, but a smaller number
may adjourn from time to time and may compel the attendance of
absent members in the manner and subject to the penalties
prescribed by the rules of the council. Except in the case of an
emergency, unless otherwise provided in this charter or by law, a
motion is adopted when approved by the votes of a majority of the
members present and an ordinance or resolution is adopted when
approved by the votes of three or more members of the city council.
An emergency shall mean an imminent threat to the health, safety,
and welfare of the citizens of Edgewater.
Section 3.12 - Ordinances and Resolutions
Ordinances and resolutions shall be adopted by the city council
in accordance with general law.
Article IV - Administration
Section 4.01 - Appointment and Qualifications of the City Manager
The city council shall by a majority vote of its total
membership appoint a city manager and establish the terms of
8
employment and fix the level of compensation. The city manager
shall be appointed solely on the basis of executive and
administrative qualifications.
Section 4.02 - Powers and Duties of the City Manager
The city manager shall be the chief administrative officer
of the city and shall be responsible to the city council for the
administration of all city affairs placed in the city manager's
charge under this charter. The city manager shall:
1. Appoint, and when necessary, suspend or remove, all
officers and employees of the city except as otherwise
provided by law, this charter, or personnel rules
adopted pursuant to this charter. The city manager may
authorize any officer subject to the city manager's
direction and supervision to exercise these powers
with respect to subordinates in that officer's
department or agency;
2. Direct and supervise the administration of all
departments, offices, and agencies of the city except
as otherwise provided by this charter or by law.
3. Attend all city council meetings. The city manager
shall have the right to take part in the discussion
but shall not vote.
4. See that all laws, provisions of this charter and acts
of the city council, subject to enforcement by the city
manager or by officers subject to the manager's
direction and supervision, are faithfully executed;
5. Prepare and submit the annual budget and capital
program to the city council;
6. Submit to the city council a complete report on the
finances and administrative activities of the city as
of the end of each fiscal year;
7. Make such other reports as the city council may require
concerning the operations of city departments, offices,
agencies;
9
• 8. Keep the city council advised as to the financial
condition and future needs of the city;
9. Make recommendations to the city council concerning the
affairs of the city;
10. Provide staff support services for the city council;
11. Sign contracts, agreements, or leases on behalf of city
to the extent authorized by ordinance; and
12. Perform such other duties as are specified in this
charter or may be required by the city council.
Section 4.03 - Acting City Manager
By memorandum submitted to the city council, the city
manager shall designate a qualified city administrative officer to
exercise the powers and perform the duties of city manager during
the city manager's temporary absence or disability. The council
may revoke such designation at any time and appoint another
administrative officer of the city to serve until the city manager
returns.
Section 4.04 - Creation of Departments
The city council may establish city departments, offices,
or agencies in addition to those created by the charter and may
prescribe the functions of all departments, offices and agencies,
except that no function assigned by this charter to a particular
department, office, or agency may be discontinued or, unless this
charter specifically provides, assigned to any other.
Section 4.05 - City Attorney
The city council shall appoint a city attorney and
establish the terms of employment and fix the level of
compensation. The city attorney must be admitted to the practice
of law in the State of Florida. The city attorney shall be the
chief legal advisor to, and attorney for, the city council, city
manager, city clerk and all city departments, offices, and
agencies and shall perform any other duties prescribed by this
10
charter or as may be required by the city council. The city
attorney shall report directly to the city council and shall not be
under the supervision and direction of the city manager.
Section 4.06 - City Clerk
The city council shall appoint a city clerk and establish
the terms of employment and fix the level of compensation. The
city clerk shall keep the journal of city council proceedings and
be the official custodian of public records. The city clerk shall
serve as the elections clerk and shall perform any other duties
prescribed by general law, this charter, or as may be required by
the city council. The city clerk shall report directly to the city
council and shall not be under the supervision and direction of the
city manager.
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 including a personnel
advisory committee.
Section 4.08 - Financial and Purchasing Procedures and Regulations
Consistent with all applicable federal and state laws, the
city council shall establish procedures and regulations governing
the financial management of the city and the city's purchasing
system.
Section 4.09 - Administrative Code
The city council shall adopt an administrative code setting
forth the administrative procedures of each department and the
relationship between the city council and the city officers.
11
• Section 4.10 - Code of Ethics
Members of the city council, all appointed officers, and
all city employees shall be bound by the requirements of the Code
of Ethics for Public Officers and Employees, Part III, Chapter 112,
Florida Statutes which includes, but is not limited to: standards
of conduct for public officers and employees; restriction on the
employment of relatives; regulation of voting conflicts;
requirements for disclosure of financial interests and clients .
represented before agencies; requirements regarding the reporting
and prohibited receipt of gifts; regulations regarding the
solicitation and disclosure of honoraria; and the provision of
penalties.
ARTICLE V - Elections
Section 5.01 - Electors
Any person who is a resident of the city, who has qualified
as an elector of this state, and who registers in the manner
prescribed by general law and ordinance of the city, shall be an
elector of the city.
Section 5.02 - Non - Partisan Elections
All city council elections shall be conducted on a non-
partisan basis without designation of political party affiliation.
Section 5.03 - Qualification of Candidates
a. Any person seeking to become a candidate for city
council shall file a notice of intention to become a candidate with
the city clerk. Any person seeking to become a candidate must be
in compliance with the requirements of Section 3.03 at the time of
filing the notice of intention. In addition to information
required by the election laws of the State of Florida, such notice
of intention shall include the following information:
1. The candidate's name and address.
2. A declaration that the candidate is a qualified
elector of the city.
12
3. A declaration as to which office the candidate is
seeking election and in the case of a council member,
the district from which the candidate seeks to be
elected. No person shall be a candidate for mayor and
council member at the same time and no person shall be
a candidate for more than one council seat in the same
election.
b. Each notice of intention shall be signed by the person
seeking to become a candidate and shall include a sworn affidavit
attesting to the accuracy of the information contained therein..
c. Such notice of intention shall be filed with the city
clerk any time after noon of the first day of qualifying, which
shall be the fiftieth (50th) day prior to the first primary
election, but not later than noon of the forty -sixth (46th) day
prior to the date of the first primary. The city clerk shall post
in city hall notification of the date of the first primary election
no later than ninety (90) days prior to the date of the first
primary.
d. At the time of filing such notice of intention to
become a candidate, the candidate shall also comply with all other
requirements of the election laws of the State of Florida
applicable to candidates for municipal office.
Section 5.04 - Conduct of Elections
Except as provided in this charter and by ordinance, all
elections shall be conducted in accordance with the election laws
of the State of Florida.
Section 5.05 - Regular and Primary Elections
a. Regular city election - If only two (2) candidates
qualify for the office of mayor or for the office of council member
from any one district, then the candidate receiving the highest
number of votes at the regular city election shall be declared
elected.
b. Primary election - If more than two (2) candidates
13
qualify for the office of mayor or for the office of council member
from any one district, then there shall be a primary election held
at the time required by the election laws of the State of Florida.
If any candidate in the primary election receives a majority of the
votes cast for that office, such candidate shall be declared
elected without the necessity of running in the regular city
election. If no candidate receives a majority of the votes cast
for that office, the two (2) candidates receiving the highest
number of votes in the primary election shall be declared
candidates for that office and shall run in the regular city
election. The candidate receiving the highest number of votes in
the regular election shall be declared elected. In the case of a
tie vote in the primary election the candidates shall be determined
pursuant to the election laws of the State of Florida.
ARTICLE VI - Transition Schedule
Section 6.01 - Continuation of Former Charter Provisions
All provisions of the charter of the City of Edgewater in
effect immediately prior to the effective date of this charter
which are not contained herein and which are not inconsistent with
this charter shall become ordinances of the city subject to
modification or repeal in the same manner as other ordinances of
the city.
Section 6.02 - Ordinances and Resolutions Preserved
All ordinances and resolutions in effect immediately prior
to the effective date of this charter shall remain in full force
and effect to the extent not inconsistent or in conflict with this
charter until repealed or changed as provided by law.
Section 6.03 - Rights of Officers, Employees, and the City Council
Nothing in this charter except as otherwise specifically
provided shall affect or impair the rights or privileges of persons
who were city officers or employees immediately prior to the
effective date of this charter. Members of the city council shall
14
continue to hold office until the expiration of their terms.
Section 6.04 - Pending Matters
All rights, claims, actions, orders, contracts and legal or
administrative proceedings involving the city immediately prior to
the effective date of this charter shall continue except as
modified pursuant to the provisions of this charter.
Section 6.05 - Severability and Applicability
If any portion of this charter is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this charter. If this
charter or any provisions thereof shall be held to be inapplicable
to any person, property, or circumstances, such holding shall not
affect its applicability to any other person, property, or
circumstance.
Section 6.06 - Effective Date
This charter shall take effect upon approval by a majority
of the electors voting in the special election upon this charter.
PART B. PROVIDING FOR SUBMITTAL OF THE AMENDED CHARTER TO THE
ELECTORS OF THE CITY OF EDGEWATER AT A SPECIAL ELECTION TO BE HELD
ON MAY 27, 1992
The proposed amendment to Chapter 27532, Laws of Florida,
Special Acts of 1951, as amended, commonly known as the Charter of
the City of Edgewater, Florida, as set forth in Part A of this
ordinance is hereby approved for submittal to the electors of the
City of Edgewater, Florida, at a special election to be held on May
27, 1992. The ballot title and ballot question shall read as
follows:
AMENDMENT TO THE CHARTER OF THE CITY OF
EDGEWATER, FLORIDA
Shall the amended Charter of the City of
Edgewater, Florida, as set forth in Ordinance
No. 92 -0 -5 be approved? If approved, the
Charter shall include: general powers;
construction; description of corporate limits;
City Council composition, districts,
15
qualifications, elections and terms,
compensation, general powers and duties,
prohibitions, filling of vacancies, and
procedures including "Citizen Comments ";
appointment of the City Manager, City
Attorney, and City Clerk; powers and duties of
the City Manager; establishment of a personnel
system, financial procedures, an
administrative code and a Code of Ethics; and
qualification of candidates and conduct of
elections.
PART C. CODIFICATION
Upon approval by a majority of the electors voting in the
referendum upon this charter, this charter shall be incorporated in
the Code of Ordinances of the City of Edgewater, Florida; provided,
however, that Parts B through E shall not be codified.
PART D. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART E. ADOPTION.
After Motion by Councilman Hays and Second by Councilperson
Martin, the vote on the first reading of this ordinance held on
April 6, 1992, was as follows:
Mayor Tanya B. Wessler Aye
Councilman Kirk Jones Aye
Councilperson Louise Martin Aye
Councilperson NoraJane Gillespie Nay
Councilman Michael Hays Aye
After Motion by Councilman Hays and Second by Councilman
Jones, the vote on the second reading of this ordinance was as
follows:
Mayor Tanya B. Wessler Aye
Councilman Kirk Jones Aye
Councilperson Louise Martin Aye
Councilperson NoraJane Gillespie Nay
Councilman Michael Hays Aye
16
PASSED AND DULY ADOPTED this 20th day of April, 1992.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Susan J. Wadsworth Tanya Wessler
City Clerk Mayor
APPROVED FOR FORM
AND CORRECTNESS;
•■.4.4 L .
K is a A. Storey
City Attorney
17
ORDINANCE NO. 92 -0 -6
AN ORDINANCE PROVIDING FOR THE SUBMITTAL OF
CHARTER AMENDMENTS TO THE ELECTORS OF THE CITY
OF EDGEWATER AT A SPECIAL ELECTION TO BE HELD
ON MAY 27, 1992; PROVIDING FOR SUBMITTAL OF AN
AMENDMENT CHANGING THE TERM OF OFFICE OF THE
CITY COUNCIL FROM TWO YEAR NON - STAGGERED TO
THREE YEAR STAGGERED; PROVIDING FOR SUBMITTAL
OF AN AMENDMENT REGARDING A RESIDENCY
REQUIREMENT FOR CERTAIN CITY EMPLOYEES;
PROVIDING FOR SUBMITTAL OF AN AMENDMENT
CHANGING THE DATE OF REGULAR CITY ELECTIONS
FROM NOVEMBER TO MARCH; PROVIDING FOR AN
EFFECTIVE DATE FOR THE AMENDMENTS; AUTHORIZING
CONFORMANCE OF THE AMENDMENTS INTO THE CHARTER
UPON APPROVAL; PROVIDING FOR AN EFFECTIVE DATE
FOR THE ORDINANCE; PROVIDING FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. Pursuant to the adoption of Ordinance No. 92 -0 -5, the City
Council has provided for the submittal of a amended Charter to the
electors of the City of Edgewater.
2. It is in the best interests of the citizens of Edgewater
and consistent with our democratic heritage that three issues be
submitted to the electors as separate ballot questions.
NOW THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. PROVIDING FOR SUBMITTAL OF AN AMENDMENT CHANGING THE TERM
OF OFFICE OF THE CITY COUNCIL FROM TWO YEAR NON - STAGGERED TO THREE
YEAR STAGGERED TO THE ELECTORS OF THE CITY OF EDGEWATER AT A
SPECIAL ELECTION TO BE HELD ON MAY 27, 1992
A proposed amendment to the Charter of the City of Edgewater
changing the term of office of the City Council from two year non -
staggered to three year staggered is hereby approved for submittal
to the electors of the City of Edgewater, Florida, at a special
election to be held on May 27, 1992. The ballot title and ballot
question shall read as follows:
CHANGE OF TERM OF OFFICE FROM TWO YEAR NON -
STAGGERED TO THREE YEAR STAGGERED
Shall the term of office for the mayor and
council members be changed from the current
two year non - staggered term to a three year
staggered term? If the change is approved, in
November 1992, the mayor and two council
members would be elected to a three year term.
Two council members would be elected to a two
year term. In 1994, the council members whose
terms expired would then be elected to a three
year term. In 1995, the mayor and council
members whose terms expired would be elected
to a three year term. Regular elections would
continue in the same order.
If the ballot question set forth above is approved, the
Charter shall be amended to read substantially as follows:
The regular election of the city council shall
be held on the first Tuesday after the first
Monday in November 1992. The term of office
shall be as set forth below beginning on the
first Wednesday after the first Monday in
November of the year elected. At the first
election under this Charter in November 1992,
the mayor and four (4) council members shall
be elected. The term of the mayor and the
council members from districts 1 and 3 shall
expire in November 1995. The term of the
council members elected from districts 2 and 4
shall expire in November 1994. A regular
election shall be held on the first Tuesday
after the first Monday in November 1994, to
elect council members from districts 2 and 4
to serve a term of three (3) years expiring
November 1997. A regular election shall be
held on the first Tuesday after the first
Monday in November 1995, to elect a mayor and
council members from districts 1 and 3 to
serve a term of three (3) years expiring in
November 1998. Henceforth, the regular
elections shall continue in the same order.
PART B. PROVIDING FOR SUBMITTAL OF AN AMENDMENT REGARDING A
RESIDENCY REQUIREMENT FOR CERTAIN CITY EMPLOYEES TO THE ELECTORS OF
THE CITY OF EDGEWATER AT A SPECIAL ELECTION TO BE HELD ON MAY 27,
1992
A proposed amendment to the Charter of the City of Edgewater
regarding a residency requirement for certain city employees in
hereby approved for submittal to the electors of the City of
Edgewater, Florida, at a special election to be held on May 27,
1992. The ballot title and ballot question shall read as follows:
RESIDENCY REQUIREMENT FOR CERTAIN CITY
EMPLOYEES
Shall the Charter of the City of Edgewater
include a requirement that the City Manager,
City Attorney, City Clerk, and department
heads reside within the corporate limits of
the City within six months after the
completion of the probationary period unless
waived by the City Council pursuant to the
provisions of current Ordinance No. 88 -0 -24?
The current Charter requires City residency
for the City Manager and department heads. If
approved, this amendment would extend the
requirement to the City Attorney and City
Clerk. The proposed Charter would address
this issue for the City Manager, City
Attorney, and City Clerk through the City
Council's authority to establish terms of
employment. The issue would be addressed for
department heads in the course of employment
negotiations with the City Manager.
2
• If the ballot question set forth above is approved, the Charter
shall be amended to read substantially as follows:
The City Manager, City Attorney, City Clerk,
and all department heads shall reside within
the corporate limits of the City within six
months after the completion of the
probationary period unless the requirement is
waived by the City Council. 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. 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 city
officer.
PART C. PROVIDING FOR SUBMITTAL OF AN AMENDMENT CHANGING THE DATE
OF REGULAR CITY ELECTIONS FROM NOVEMBER TO MARCH TO THE ELECTORS OF
THE CITY OF EDGEWATER AT A SPECIAL ELECTION TO BE HELD ON MAY 27,
1992.
A proposed amendment to the Charter of the City of Edgewater
changing the date of the regular City elections from November to
March is hereby approved for submittal to the electors of the City
of Edgewater, Florida, at a special election to be held on May 27,
1992. The ballot title and ballot question shall read as follows:
CHANGING THE DATE OF THE REGULAR CITY
ELECTIONS FROM NOVEMBER TO MARCH
Shall the date of the regular City elections
be changed from November to March? A March
election would limit the ballot to allow
concentration on municipal issues. Voter
turnout may be affected by an election held
other than at the time of the November
general election. If the change is approved,
regular elections must still be held in
November 1992. The term of office of those
elected would expire in March instead of
November. The next regular election after
November 1992, and subsequent regular
elections, would be held in March.
If the ballot question set forth above is approved, and the
term of office remains a two year non - staggered term the
Charter shall be amended to read substantially as follows:
The first regular election under this charter
shall be held on the first Tuesday after the
first Monday in November 1992. The term of
office shall be for sixteen (16) months,
beginning the first Wednesday after the first
Monday in November 1992. The next regular
election under this charter shall be held on
the XX Tuesday after the XX Monday in March
1994. The term of office shall be for two
3
years, beginning the XX Wednesday after the XX
Monday in March. All subsequent regular
elections shall be held in March.
If the ballot question regarding the March election date is
approved and the term of office is changed to a three year
staggered term, the Charter shall be amended to read substantially
as follows:
The first regular election under this charter
shall be held on the first Tuesday after the
first Monday in November 1992. The term of
office shall be as set forth below beginning
on the first Wednesday after the first Monday
in November 1992. In November 1992, the mayor
and four (4) council members shall be elected.
The term of the mayor and the council members
from districts 1 and 3 shall expire in March
1995. The term of the council members elected
from districts 2 and 4 shall expire in 1994.
A regular election shall be held on the XX
Tuesday after the first XX in March 1994, to
elect council members from districts 2 and 4
to serve a term of three (3) years expiring
March 1997. A regular election shall be held
on the XX Tuesday after the XX Monday in March
1995, to elect a mayor and council members
from districts 1 and 3 to serve a term of
three (3) years expiring in March 1998.
Henceforth, the regular elections shall
continue in the same order.
PART D. EFFECTIVE DATE OF CHARTER AMENDMENTS
The amendments set forth in Parts A through C of this
ordinance shall become effective upon approval by a majority of the
electors voting in the referendum upon the ballot questions.
PART E. AUTHORIZING CONFORMANCE OF THE AMENDMENTS INTO THE CHARTER
UPON APPROVAL
Upon approval of the amendments set forth in Parts A through
C of this ordinance by a majority of the electors voting in the
referendum upon the ballot questions, the City Attorney is hereby
authorized to conform the amendments into the Charter, whether the
Charter of the City of Edgewater shall remain as set forth in
Chapter 27532, Laws of Florida, Special Acts of 1951, as amended,
or as provided for in Ordinance No. 92 -0 -5.
PART F. EFFECTIVE DATE OF ORDINANCE
This ordinance shall take effect upon adoption.
4
' PART G. ADOPTION.
After Motion by Councilperson Martin and Second by Councilman
Jones, the vote on the first reading of this ordinance held on
April 6, 1992, was as follows:
Mayor Tanya B. Wessler Aye
Councilman Kirk Jones Aye
Councilperson Louise Martin Aye
Councilperson NoraJane Gillespie Nay
Councilman Michael Hays Aye
After Motion by Councilman Hays and Second by Councilman
Jones, the vote on the second reading of this ordinance was as
follows:
Mayor Tanya B. Wessler Aye
Councilman Kirk Jones Aye
Councilperson Louise Martin Aye
Councilperson NoraJane Gillespie Nay
Councilman Michael Hays Aye
PASSED AND DULY ADOPTED this 20th day of April, 1992.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
o;r J
Susan J. - dsworth Tanya Wessler
`.
City Clerk Mayor
APPROVED FOR FORM
AND CORRECTNESS;
t I ,
AI t'J'i Ej / f
rista A. Stor
City Attorney
5
RESOLUTION NO. 92 -R -11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, DECLARING THE RESULTS
OF THE SPECIAL ELECTION HELD MAY 27, 1992;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a Special Election was held on May 27, 1992,
regarding the Charter of the City of Edgewater at which time four
ballot questions were submitted to the electors; and
WHEREAS, all votes have been tabulated and confirmed.
NOW, THEREFORE, be it resolved by the City Council of the City
of Edgewater, Florida:
Section 1. The four ballot questions received the number of
votes as set forth below:
A. Question Number 1 - Shall the amended Charter of the
City of Edgewater, Florida, as set forth in Ordinance No.
92 -0 -5 be approved?
Yes (For Approval) 840
No (For Rejection) 786
B. Question Number 2 - Shall the term of office for the
mayor and council members be changed from the current two
year non - staggered term to a three year staggered term?
Yes (For Approval) 641
No (For Rejection) 976
C. Question Number 3 - Shall the Charter of the City of
Edgewater include a requirement that the City Manager,
City Attorney, City Clerk, and department heads reside
within the corporate limits of the City within six months
after the completion of the probationary period unless
waived by the City Council pursuant to Ordinance No. 88-
0-24?
Yes (For Approval) 1072
No (For Rejection) 550
D. Question Number 4 - Shall the date of the regular
City elections be changed from November to March?
Yes (For Approval) 453
No (For Rejection) 1163
Section 2. All resolutions or parts of resolutions in
conflict herewith be and same are hereby repealed.
Section 3. This resolution shall take effect upon adoption.
92 -R -11 1
,After Motion by Councilman Jones and Second by Councilman Hayes,
the vote on this resolution was as follows:
Mayor Tanya B. Wessler Aye
Councilman Kirk Jones Aye
Councilperson Louise Martin Aye
Councilperson NoraJane Gillespie Aye
Councilman Michael Hays Aye
PASSED AND DULY ADOPTED this 28th day of May, 1992.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
w �•� -- �rC -�� --� - By ( v- if ) � l �� l Susan J. adsworth Tany
City Clerk Mayor
APPROVED FOR FORM & CORRECTNESS:
Kris a A. S orey
City Attorney
92 -R -11 2