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03-06-1992 CHARTER REVIEW COMMITTEE MARCH 6, 1992 Chairperson Bennington called the Charter Review Committee to order at 2:07 pm, in the City Hall conference room. Roll Call City Attorney Krista Storey Present City Manager George McMahon Arrived at 2:10 pm Gigi Bennington Present Dominick Fazzone Present Jack Hayman Present Mary Martin Present Also present, Susan Wadsworth, George Ewing, Ken Millard, Norman Billups,. Mr. Fazzone gave background of the work and meetings the Charter Review Committee has done. He explained that the recommendations the Committee put in the final draft had come from the Citizens. He felt the draft that has been presented by the City Attorney disregarded all of the recommendations of the committee. City Manager McMahon explained it was not the intent to disregard the work of the Committee. The Council reviewed the document that was presented by the Committee and they felt it needed to have a legal and administrative review. He went on to say that it was not the intent to ignore anything or anyone. The City Council agreed anything that came to them by citizens input and through the final review will end up being the document that will be presented to the voters. Mrs. Bennington and Mr Fazzone stated it did not appear that way. Mr. Fazzone stated you could not put things into the document at the public hearing. City Manager explained the misunderstanding seems to be that this was not to go directly to a public hearing. He went on to explain that he recommend to the Council there be two public meetings for input prior to the public hearing. These public meeting are to allow the citizens and committees work to take place so that at the final public hearing a final draft could be presented. The City Manager assured the members that this draft ordinance was never intended to be the final draft. Mr. Hayman echoed the feelings of Mr. Fazzone in regards to the way this committee was neglected. He went on to explain his displeasure with the document. It is no reflection to the City Attorney's work and not an attack on her. Mr. Hayman gave the history of the Committee such as listening to input from the citizens before coming up with a consensus. He went on to explain the documents that were reviewed and studied and how their final draft document was complied. He felt the way the charter is now, it will be defeated. Mr. Hayman went on to say the City Attorney and the City Manager are still in a learning stage and they need someone to explain why a lot of the things were put in the charter the committee presented. Mrs. Martin also stated she was upset because a lot of the work and input that was put into the Charter was pulled out. She went on to say that a lot of what was pulled out was taken from public comments. There were things pulled out that the City had voted on in referendums. The Merit Board was one that the City voted on by referendum; is the reason it was put in the Charter. Living in the Community was something the city voted on and wanted, that is why that was included. She stated she felt bad the Council has been sitting on the Charter. She wished the Council would have had a meeting with the committee so this could have been explained before it was given to the City Attorney. Charter Review Comm. March 6, 1992 City Manager McMahon explained the input that is gathered here and in the future meetings will be used to get the end product. The City Attorney stated the document that was dated February 2nd are simply the issues that herself and the City Manager were raising. The Council asked that the document be reviewed. She stated she was aware there was a history to it. She assured the committee that she had looked at documents, minutes,etc. This draft ordinance document represents professional comments, it is simply an issues paper. The intent of the document was to raise issues to the City Council and then their decision would be implemented. She went on to say there are some legal issues regarding some of the referendum issues that were held. She stated she will not back away from the legal issues. The community has to set the policy. Chairperson Bennington felt the document that the City Attorney presented to the Council was a very good document. Her concerns were that it was not the document that the City wants. She went on to explain the history behind the document the committee had presented. The City Attorney stated she felt we should go through the document that the committee presented and the draft ordinance with her comments. She went on to say that the document that she prepared was from the one the committee had presented and that it was not completely changed as is being insinuated. Most of the changes were language changes not substantive changes. The document the Council instructed the City Attorney to draft is Ordinance 92 -0 -5 this will be the working base for the upcoming meetings. Whatever comes out of this committee meeting today will be brought back to the Council in another document. At this time there was a discussion on what document the City Attorney used as a draft base. It was determined it was the Charter Committee draft 6- 26 -90. A recess was called at 2:35pm, so that copies of the Charter Committee final draft could be copied for the members. Meeting reconvened at 2:55pm Article I - from the draft ordinance, the City Attorney stated there were no changes made. Section 1.02- Construction- from the draft ordinance the City Attorney stated the last sentence was deleted. The reason for its deletion being this is now part of the Home Rules Act. The Committee had no problem with this change. Article II Corporate Limits - Chairperson Bennington questioned the description of Corporate limits. The history of this was discussed and it was decided the way it is presented in the draft ordinance would be acceptable. Article III, Section 3.01- Composition- This article was discussed and it was decided the way it was presented in the draft ordinance would be acceptable with the committee. Section 3.02- Districts- as it appears in the draft ordinance- The City Attorney stated this was in the committee draft section 3.03 she felt this need to be set out specifically in a separate section. The Committee agreed. 2. Charter Review Comm. March 6, 1992 Section 3.03- Qualification- as it appears in the draft ordinance - was 3.02 in the committee draft. The City Attorney stated she had some legal concerns about the residency requirements this was discussed at length. The committee decided to leave as is for now and a further study would be done by the legal department. The City Attorney wanted to make the committee aware of another issue she needs to take a look at legally is addressing when does someone have to reside in the area in which they want to run for office. Her understanding was the person did not need to reside until after they were elected. They could qualify to run and as long as they moved in prior to the time they took office. This was discussed. The City Attorney stated she has left (b) It was discussed and left in, she will continue researching this based on the committees concerns. Chairperson Bennington asked that the terms of office be held until later for discussion. (Section 3.04 Elections and terms in draft ordinance) Section 3.05 Compensation- as it appears in the draft ordinance was 3.04- This was discussed and decided it be left as it appears in the draft ordinance. Section 3.06 Mayor -as it appears in the draft ordinance. This was discussed and decided it be left as it appears in the draft ordinance. Section 3.07 General Powers and Duties as it appears in the draft ordinance was 3.06 in charter committee draft. The committee decided to leave as presented in draft ordinance. Typographic error; "this" charter not "his." Section 3.08 Prohibitions as it appears in the draft ordinance was 3.07- The committee decided to leave as presented in draft ordinance. Chairperson Bennington had a question with paragraph c. The wording "Shall" she felt it should read "May." This was discussed and the committee decided this should stay shall. Section 3.09 Vacancies; Forfeiture of Office; Filling of Vacancies as it appears in the draft ordinance was 3.08 in the charter committee draft. The Committee decided to take this by sections. They found no problems with a or b. as it appears in the draft ordinance, Chairperson Bennington stated she had a problem with c. This was discussed and the committee would like the wording added back in to Filling of Vacancies: The City Attorney stated she moved these section around. The committee decided to go along as per City Attorney's alternate to subsection c. Filling of Vacancies- A vacancy on the city council shall be filled in one of the following ways: (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 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 less than six (6) months remain in the unexpired term or until the next regular city election, the council by a majority vote shall appoint a successor, who is eligible for the office under Section 3.03 of this charter, to serve until the newly elected council member takes office. 3. Charter Review Comm. March 6, 1992 (3) In the case if a vacancy in the office of councilmember, 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. Subsection d. Extraordinary Vacancies- The City Attorney is looking into if the Governor would appoint interim members. This was discussed and the committee asked that the City Attorney follow up on this. Mr. Billups raised the question of what would happen if the City went bankrupt. City manager answered it is handled different in different states. He went on to discuss how some states handle it. He went on to say that in the State of Florida he does not think it is spelled out. The City Manager went on to discuss this. Section 3.10 Judge of Qualifications as it appears in the draft ordinance- it was 3.02 in the charter committee draft. The committee accepted as presented in draft ordinance. Section 3.11 Procedure- as it appears in the draft ordinance (a) Meetings- This was discussed and the committee decided this was fine as presented. (b) Rules and Journal -This was discussed and the committee decided to put back in what the public wanted the provision that they could speak at the beginning and end of the meeting. The committee also agreed to have the Attorney add regular meetings to this section. There was some discussion among the committee, and Mr. Billups on the different types of meetings, such as workshop, special meeting, public meeting, and public hearings. Committee would like (b) Rules and Journal to read as follows: The City Council shall determine its owns rules and order of business except that the agenda shall include "citizens comments" at the beginning and directly prior to adjournment of regular meetings and provide for the keeping of a journal of its proceeding. This journal shall be public record. (c) Voting- Mr. Millard had a question on the motions. This was discussed by the committee and it was agreed the City Attorney should better define emergency. Section 3.12 Ordinances and Resolutions as it appears in the ordinance draft was 3.10 in charter review draft. Article IV Administrations Section 4.01- Appointment and Qualification of the City Manager - The City attorney stated she had added majority of the total membership to the City Council. The committee decided to leave this as the City Attorney has presented. Section 4.02- Powers and Duties of the City Manager, in the charter committee draft it was? Removal of City Manager- The committee discussed the 12 points and the Mr. Hayman felt they should stay in. Mr. Millard felt the list of the 12 was more liberal and the way it was presented by the committee was more of a blanket. This was discussed further and it was agreed by the committee that the 12 points stay in as presented in the draft ordinance. Charter Review Comm. 4. March 6, 1992 Mr. Ewing asked about the residence of the City Manager on 4.01. City Attorney stated this was one of the things the council felt should be on the ballot. The Committee went on to discuss this and it was decided to recommend that the City Manager should reside in the City after probation, to appear in Section 4.01 at the end. Section 4.03- Creation of Departments -As appears in the draft ordinance as Acting City Manager. The committee decided to leave as presented in the draft ordinance. Mr. Ewing brought up the matter of time response in respect to emergencies. Section 4.05 Direction by City Manager- As it appears in the draft ordinance. The committee decided to be delete this. It was repetitious. Section 4.06 City Attorney- as it appears in the draft ordinance. The City Attorney stated one change was the addition that the city attorney must be admitted to the practice of law in the State of Florida. The committee decide to leave as presented in draft ordinance. Committee discussed the City Attorney residing in the City. They discussed the possibility of the City going back to outside legal in the future. The subject was brought up that the City Attorney is not a Department head. A discussion took place that the residency subject should be discussed when negotiating the contract. The discussion of the department heads living in the city is a loyalty. Mr. Ewing read the ordinance of October 1988 that went to the voters this was discussed. Mr. Hayman brought up the subject of the City Attorney not being under the City Manager. This was discussed as being a check and balance. City Attorney added that usually the City Attorney is appointed by the City Council. Section 4.07 City Clerk- as it appears in the draft ordinance. The committee agreed to leave this as it appears in the draft ordinance. Section 4.08 Personnel System- City Manager gave his reason for the change in this section. The committee agreed to leave (a) as it reads in the draft ordinance. (b) There was mush discussion on this. Mr. Harry Jones gave his concerns with the members of the merit board being qualified to he would like their qualifications checked to be sure they are qualified to serve on a personnel advisory committee. The committee felt that at the end of this section it should include a personnel advisory committee. There was some discussion on Florida being an at will state. The Screening Board was discussed and the Committee decided that this is a Council function they should be the ones to screen the applicants. The Committee agreed to leave the Screening Board out. Mr. Ewing commented that some of the Boards are loaded with people from one area of the City. Section 4.09 Financial and Purchasing Procedures and Regulations - as it appears in the draft ordinance. The committee discussed this along with the Florida statue section in reference to the section. It was decided to leave this as is. Section 4.10 Administrative Code was discussed by the committee members. The committee decided that this should be included in the charter language will be worked on by Council. Charter Review Comm. 5. March 6, 1992 Section 4.11 Standard of Conduct was discussed by the committee members. It was discussed that this be put in. There was discussion on chapter 112 of Florida Statute which covers this. Mr. Ewing asked how this was to be presented to Council. City Attorney stated something in writing will be presented on this meeting to the Council for their meeting. Mr. Ewing stated section 73 and 74 of the old Charter has not been addressed. Mr. Fazzone replied that was obsolete because it is covered by home rule. City Attorney added that is now covered by State law. Article V- Election Section 5.01 Electors- committee agreed to leave as is in draft ordinance Chairperson addressed the qualification 3.03 in the charter committee draft, 5.03 in the draft ordinance. City Attorney spoke on the petitions and fees. There was continued discussion on the petition process.The committee's feeling is that the qualification as a candidate needs to be set forth in the Charter. Remove the petition process. Section 5.04 Code of Election the committee agreed to leave as in the draft ordinance. Section 5.05 Regular and Primary Elections as in the charter committee draft need to be added back in as City Attorney had rewritten it. (a) Regular city elections- If only two (2) candidates qualify for the office of mayor or for the office of council member from any one district, then 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 if running in the regular city elections. If no candidate receives a majority of the votes cast for that office, the two (2) candidates receiving the highest number if votes at the primary election shall be declared candidate 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 if 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- This was discussed It was decided that it will stay as is in draft ordinance. There was discussion about the changing of elections from November to March. There was discussion on the terms of office and how they would be decided in the first election. The committee decided that maybe a straw ballot could be used for this. Discussion on when this should go to the voters. The Committee does not feel it should be any later than May. Mrs. Martin made a motion to adjourn. Mr. Hayman seconded the motion. Adjourn: 5:43 pm Charter Review Comm. 5. March 6, 1992