2020-O-04 - Charter Amendments Y
ORDINANCE #2020-0-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA ADOPTED PURSUANT TO
FLORIDA STATUTES SECTIONS 101.161 AND 166.031
SETTING FORTH PROPOSED AMENDMENTS TO THE
CITY CHARTER TO BE SUBMITTED TO THE VOTERS
OF THE CITY AT THE GENERAL ELECTION ON
NOVEMBER 3, 2020; PROVIDING FOR A BALLOT
SUMMARY AND TITLE FOR EACH PROPOSED
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council created a Charter Review Commission to review the
Charter and propose recommended changes to the City Charter;
WHEREAS, Section 166.031, Florida Statutes, provides that the governing body of a
municipality may, by ordinance, submit to the electors of said municipality proposed
amendments to its charter which amendments may be to any part or to all of its charter; and
WHEREAS, the City Council finds that it is in the best interest of the City of Edgewater
to submit certain proposed amendments to the Charter of the City of Edgewater to the electors of
the City at the general election to be held November 3, 2020, all in accordance with Section
166.031, Florida Statutes.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 3.07 of the City Charter shall be amended, upon a vote of a majority of the City
of Edgewater electors in favor of such an amendment,to read as follows:
Sec. 3.07. - General powers and duties; municipal government training.
(a) All legislative powers of the city shall be vested in the city council, except as
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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.
(b) Each member of the city council shall complete municipal government training
programs provided by the Florida League of Cities titled "Institute for Elected Municipal
Officials (Basic)" and "Advanced Institute for Elected Municipal Officials" or their equivalent,
subject to funds being available in the city budget for this educational training. The programs
shall be completed within two years of the next general election for all current members of the
city council and within two years of being elected for all subsequently elected officials.
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter does not require city council members to have municipal
government training. This proposed Charter Amendment would require city council members to
complete Florida League of Cities municipal government training programs to assist them in
effectively meeting the requirements of their elected office.
MUNICIPAL GOVERNMENT TRAINING
Should the City Charter be amended to require that city council members complete
municipal government training programs?
Yes. In favor of amending the Charter to require city council members to complete
municipal government training programs.
No. Against amending the Charter to require city council members to complete
municipal government training programs.
PART B. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 3.05 of the City Charter shall be amended, upon a vote of a majority of the City
of Edgewater electors in favor of such an amendment,to read as follows:
Sec. 3.05. - Compensation.
Council members shall receive as compensation the sum of $7,631.00 annually,
payable monthly. The mayor shall receive as compensation the sum of $9,512.00 annually,
payable monthly. A salary adjustment shall be awarded to the mayor and council members
on a annual basis in an amount stipulated by an average of the Consumer Price Index
(CPI) issued in October of the adjustment year. The salary adjustment shall not exceed an
amount of three percent increase. The city council is authorized to adjust the annual salary for
the mayor and council members by ordinance, but no ordinance increasing such salary shall
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become effective until the date of commencement of the terms of a council elected at the next
regular election, provided that such election follows the adoption of such ordinance by at
least six months. Additionally, changes to compensation shall only be adjusted every five
years. Council persons shall receive their actual and necessary expenses incurred in the
performance of their duties of office in accordance with city policy.
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter provides for biannual Consumer Price Index (CPI) adjustments
to council members' salaries and allows the city council to adjust salaries by ordinance with no
limitation on the frequency and does not provide for payment of expenses incurred in performing
the duties of office. This proposed Charter Amendment would state the correct current salaries,
require annual CPI adjustment, limit adjustments by ordinance to every five years and provide
for payment of expenses.
COMPENSATION
Should the City Charter be amended to state the correct current salaries, provide for
annual Consumer Price Index (CPI) adjustments, limit ordinances adjusting the mayor's and
council members' salaries to every five years and provide that the expenses incurred in the
performance of the duties of office be paid in accordance with city policy?
Yes. In favor of amending the Charter to state the correct current salaries, provide for
annual CPI adjustments, limit ordinances adjusting the mayor's and council
members' salaries to every five years and provide for the payment of the expenses
incurred in the performance of the duties of office in accordance with city policy.
No. Against amending the Charter to state the correct current salaries, provide for
annual CPI adjustments, limit ordinances adjusting the mayor's and council
members' salaries to every five years and provide for the payment of the expenses
incurred in the performance of the duties of office in accordance with city policy.
PART C. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 3.08(d) of the City Charter shall be amended, upon a vote of a majority of the
City of Edgewater electors in favor of such an amendment, to read as follows:
Sec. 3.08. Prohibitions.
(d) Limitations on borrowing. The City of Edgewater shall not incur additional debt of
more than one percent of the net taxable value in accordance with applicable state statutes_unless
such debt is approved by a referendum of the eligible voters of the city in a general or special
election.
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The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter allows for the City to incur additional debt of.75 percent of net
taxable value during any forward moving five year period. This proposed Charter Amendment
would change the limit of additional debt to one percent and remove the five year rolling period.
SIMPLIFY BORROWING LIMITATION BY CHANGING LIMIT TO ONE PERCENT
AND REMOVING FIVE YEAR PERIOD
Should the City Charter be amended to change the limitation on borrowing to one percent
and removing the five year rolling period?
Yes. In favor of amending the Charter to change the limitation on borrowing to one
percent and remove the five year rolling period.
No. Against amending the Charter to change the limitation on borrowing to one
percent and remove the five year rolling period.
PART D. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 3.08(e) of the City Charter shall be amended, upon a vote of a majority of the
City of Edgewater electors in favor of such an amendment, to read as follows:
Sec. 3.08. Prohibitions.
(e) Any City employee who is a City "officer" as defined by the "Resign to Run" law,
§ 99.012, Florida Statutes, and desires to run as a candidate for an elective City office shall
resign their employment in accordance with t he "Re s ig n t o Run" law. All o t her C it y
employees elected to a City office shall resign their position prior to being sworn into office.
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter allows City employees to be elected to a City office and
continue their employment with the City. This proposed Charter Amendment would require City
employees elected to a City office to resign from City employment prior to being sworn into
office and require employees who fall under the definition of City officer to resign their
employment in accordance with section 99.012, Florida Statutes, to run for City office.
RESIGNATION OF CITY EMPLOYEES ELECTED TO CITY
OFFICE AND CITY OFFICERS RESIGNING TO RUN
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Should the City Charter be amended to require City employees to resign from City
employment if elected to City office and require City employees deemed as City officers under
Florida Statutes to resign to run for City office?
Yes. In favor of amending the Charter to require City employees to resign from City
employment if elected to City office and require City employees deemed as City
officers under Florida Statutes to resign to run for City office.
No. Against amending the Charter to require City employees to resign from City
employment if elected to City office and require City employees deemed as City
officers under Florida Statutes to resign to run for City office.
PART E. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 4.01 of the City Charter shall be amended, upon a vote of a majority of the City
of Edgewater electors in favor of such an amendment, to read as follows:
Sec. 4.01. Appointment and termination of the city manager.
The city council shall by a vote of three or more of its members 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.
The city council shall by a vote of three or more of its members terminate a city manager.
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter provides for a majority vote of the city council's total
membership to hire a city manager. This proposed Charter Amendment would simplify the
wording to state that a vote of three or more members of the city council is required to hire a city
manager and add a requirement for a vote of three or more members of the city council to
terminate a city manager.
A VOTE OF THREE OR MORE MEMBERS OF CITY COUNCIL
TO HIRE AND TERMINATE CITY MANAGER
Should the City Charter be amended to change the wording of this section from "The city
council shall by a majority vote of its total membership" to "The city council shall by a vote of
three or more members" hire a city manager and add a provision for a vote of three or more
members to terminate a city manager?
Yes. In favor of amending the Charter to change the wording of this section from "The
city council shall by a majority vote of its total membership" to "The city council
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shall by a vote of three or more members" hire a city manager and add a provision
for a vote of three or more members to terminate a city manager.
No. Against amending the Charter to change the wording of this section from "The
city council shall by a majority vote of its total membership" to "The city council
shall by a vote of three or more members" hire a city manager and add a provision
for a vote of three or more members to terminate a city manager.
PART F. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 4.02 of the City Charter shall be amended, upon a vote of a majority of the City
of Edgewater electors in favor of such an amendment, to read as follows:
Sec. 4.02. Powers and duties of the city manager; restriction on employing relatives.
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 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 the city to the extent
authorized by ordinance; and
(12) Perform such other duties as are specified in this Charter or may be required
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by the city council.
No relative of the city manager shall be employed by the city. For purposes of this
paragraph, "relative" means an individual who is related to the city manager as father, mother,
son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-
law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather,
stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. This
provision shall not apply to a relative of the city manager hired prior to the city manager being
appointed by the city council.
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current Charter allows for the city to employ relatives of the city manager. This
proposed Amendment would prohibit the employment of relatives of the city manager and
specify the individuals falling under the term"relatives."
PROHIBITION ON EMPLOYMENT OF RELATIVES OF THE CITY MANAGER
Should the City Charter be amended to prohibit the employment of relatives of the city
manager?
Yes. In favor of amending the Charter to prohibit the employment of relatives of the
city manager.
No. Against amending the Charter to prohibit the employment of relatives of the city
manager.
PART G. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 4.05 of the City Charter shall be amended, upon a vote of a majority of the City
of Edgewater electors in favor of such an amendment,to read as follows:
Sec. 4.05. City attorney.
The city council shall by a vote of three or more of its members-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. The city council shall by a vote of
three or more of its members terminate a city attorney.
The form of ballot for the proposed Charter amendment shall be, as follows:
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BALLOT SUMMARY
The current City Charter provides for a majority vote of the city council members in
attendance to hire a city attorney. This proposed Charter Amendment would require a vote of
three or more city council members to hire and terminate a city attorney.
A VOTE OF THREE OR MORE CITY COUNCIL MEMBERS
TO HIRE AND TERMINATE CITY ATTORNEY
Should the City Charter be amended to require a vote of three or more city council
members to hire and terminate a city attorney?
Yes. In favor of amending the Charter to require a vote of three or more city council
members to hire and terminate a city attorney.
No. Against amending the Charter to require a vote of three or more city council
members to hire and terminate a city attorney.
PART H. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Section 4.06 of the City Charter shall be amended, upon a vote of a majority of the City
of Edgewater electors in favor of such an amendment,to read as follows:
Sec. 4.06. City clerk.
The city council shall by a vote of three or more of its members_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. The city
council shall by a vote of three or more of its members terminate a city clerk.
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter provides for a majority vote of the city council members in
attendance to hire a city clerk. This proposed Charter Amendment would require a vote of three
or more city council members to hire and terminate a city clerk.
A VOTE OF THREE OR MORE CITY COUNCIL MEMBERS
TO HIRE AND TERMINATE CITY CLERK
Should the City Charter be amended to require a vote of three or more city council
members to hire and terminate a city clerk?
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Yes. In favor of amending the Charter to require a vote of three or more city council
members to hire and terminate a city clerk.
No. Against amending the Charter to require a vote of three or more city council
members to hire and terminate a city clerk.
PART I. PROPOSED CHARTER AMENDMENT AND FORM OF BALLOT
Sections 3.11(a) and (b) of the City Charter shall be amended, upon a vote of a majority
of the City of Edgewater electors in favor of such an amendment,to read as follows:
Sec. 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, except during a state of emergency. 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 24 hours' notice to each member and the public. Except as provided by law, all
meetings shall be open to the public, except when the Governor suspends the current laws
requiring that city meetings be open to the public, during a state of emergency. During a state of
emergency the city council is authorized to meet in accordance with any executive order issued
by the Governor.
(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, except during a state of emergency,-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.
The form of ballot for the proposed Charter amendment shall be, as follows:
BALLOT SUMMARY
The current City Charter does not authorize the city council to deviate from established
public meeting protocols during a state of emergency. The proposed Charter amendment would
authorize the city council to meet in accordance with any executive order issued by the Governor
during a state of emergency and exclude the citizens comments portion of a public meeting
during a state of emergency.
HOLDING CITY COUNCIL MEETINGS DURING A STATE OF EMERGENCY
Should the City Charter be amended to authorize the city council to meet in accordance
with any executive order issued by the Governor during a state of emergency and exclude citizen
comments during such a meeting?
Yes. In favor of amending the Charter to authorize the city council to meet in
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accordance with any executive order issued by the Governor during a state of
emergency and exclude citizen comments during such a meeting.
No. Against amending the Charter to authorize the city council to meet in accordance
with any executive order issued by the Governor during a state of emergency and
exclude citizen comments during such a meeting.
PART L. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance
are hereby superseded by this ordinance to the extent of such conflict.
PART M. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance 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.
PART N. EFFECTIVE DATE.
Amendments shall become effective upon voter approval and shall be incorporated into
the Charter as required by law.
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PART O. ADOPTION.
During the March 2, 2020 a Motion by Councilwoman Yaney with Second by
Councilwoman O'Keefe was made to continue this first reading to a date certain on May 4, 2020.
After Motion to approve by Councilwoman Power with Second by Councilwoman Yaney,
the vote on the first reading of this ordinance held on May 4, 2020, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kim Yaney X
Councilwoman Megan O'Keefe X
Vice Mayor Conroy X
After Motion to approve by qp—`nc,Jc.Q�pc-.-,�laC ,�c' with Second by
the vote on the second reading/public hearing of
this ordinance held on ji_�--s-_ , 2020, was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberly Yaney
Councilwoman Megan O'Keefe
Vice Mayor Gary Conroy
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a
PASSED AND DULY ADOPTED this pi- day of C-L, , 2020.
ATTEST: CITY COUNCIL OF THE
CI F EDGE TER LORID "
Robin L. Matusick, CMC ike Thomas
City Clerk/Paralegal ayor
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at during the Council meeting held on
legality by: Aaron R. Wolfe,Esquire the I r'r day of Q N"-v-- , 2020 under Agenda
City Attorney Item 8 C1
Doran, Sims, Wolfe,Ciocchetti&Yoon
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