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08/19/1994 .'. ., '..,~..':'. j..',.'. ('.'. .....,.:.,:~~~,.:...,~..~~':..~...._~......".:..' .1."" '..; . ,',' . .' '. .... I.'..j f '., ::':"::~". '.~ , ~ I' . "','''''. .'>., . ..........~....~..o".fhJ.~." J"', .~~:..~~.'r~....~ . ",~ \ I l-%""~ '. CHARTER I . REVIEW COMMITTEE MINUTES Date' .'6/9 '_ 1 y~' 'r'l:....'4.l.It'...~_......I""........r... \. .. ....J. '. ..........-.-- pop . t ."", ~..~~..._.........._'- ..... ~....:-- ....... L '. )- 1:.... ..... ~.\ ~.:. I~~~;i , :,: '. '." j fT.' " l. : ~ ~'~:.:;: . i: ~ ..: +...., ~ >,: .~.'. c ..... ...: _.. ,.. ',. .'::>i.';"'.".::l.i,':::j,';.:.; '... ':_" ...... .,;.' " "...., . .'. ':.. ...., . , . ... \ .. .." . I.,.... I. . '. . (J I. . . ' " ,. ~ CHARTER REVIEW COMMITTEE MEETING May 19, 1994 ~ The Charter Review Committee met at City Hall on Thursday, May 1 9, 1994 at 4:32 p.m. with the following members present: Gerald Figurski, Chairman (arrived at 4:34 p.m,) Jerry Lancaster, Vice-Chairman Anne Garris Kenneth Hamilton (arrived at 4:50 p.m.) AI Lijewski Curlee Rivers Tony Salmon Karen Seel Les Smout (arrived at 4:55 p.m.) Absent: Joe Evich Also present: (:> Mary K. Diana, Assistant City Clerk The Chairman called the meeting of the Charter Review Committee (CRC) to order. Aporoval of Minutes of Februarv 26. 1994 and Mav 10. 1994 Member Seel moved to approve the minutes of February 26, 1994, as submitted. The motion was duly seconded and carried unanimously. Member Salmon requested on page 5, paragraph 7, the motion in the minutes of May 10, 1994 be corrected to include the words "which for the purpose of this limitation..." also be deleted from Section 2.01 (d) Limitations (1) and on page 8, last paragraph the words ua need for" be inserted before "term limits." Member Lijewski moved the minutes of May 1 0, 1994, be approved as amended. The motion was duly seconded and carried unanimously. Section 2.04. ~ Comoensation i:::J Discussion ensued ;n regard to commission salaries and the majority consensus was the salar;es should be increased. ,.N~:,' ~ A suggestion was made that the commlsslqn should have cost of living increases as do the union employees. Concern was expressed in tying I,:" . ~ commission salaries to an automatic cost of living increase. t~ Discussion ensued in regard to the amount of the increase. A statement was made the salary should be high enough so that the person serving on the commission should not have to rely on outside sources of income. There was discussion regarding whether or not the amount of the salary should be specified in the charter. A question, was raised whether this section should be clarified by including a reference to re-elected as well as newly elected commissioners. It was felt the language clearly reflects the intent of this section. Member Salmon moved that Section 2.04. Compensation and expenses not include a salary amount for the commission. The motion was duly seconded and carried unanimously. Discussion ensued in regard to the commission's last salary increase. A statement was made there is a need to define the role of the commission as to whether the position is parttime or full time. A question was raised at what point the salary would be considered high enough for the position to be looked upon as a way to earn a living. Concern was expressed in someone making a career out of the position if the salary is too high. .1.1.' It was indicated the type of government defines whether the position should t,(\~ be parttime or full time. There was discussion regarding commiSSion salaries for cities ranging in population from 70,000 to 150,000 and it was indicated the average salary was $13,000 for commissioner and $16,000 for mayor. Discussion ensued regarding Member Smout's previous recommendation of going back to the last salary increase in 1980 and using a 4% per year compounding. Member Salmon moved to recommend a salary increase of $18,000 for commissioner and $21,600 for mayor, but that the amount not be included in the charter. The motion was duly seconded and carried unanimously. Member Garris moved Section 2.04 be amended to read liThe commission...the ordinance increasing such salary shall not become effective until the date of the next . regular election. Commissioners shall receive their actual and necessary expenses incurred in the performance of their duties of office. II The motion was duly seconded. o /'il~:\ ~ MINCH0519.94 2 Mav 19, 1994 ~ . t i~ t:~' i~ ~ Member Salmon requested the language "pursuant to F.S.lt be added to the end of the paragraph in Section 2.04 after the words "of office,lI The maker of the motion on the floor accepted the amendment and the seconder concurred. Upon the vote being taken, the motion carried unanimously. Section 2.08. Procedure (a) Meetings. Discussion ensued in regard to citizen complaints having been received that sufficient notice of special meetings is not always given. It was questioned whether 24 hours is sufficient notice. Concern was expressed in hindering the commission in critical situations by requiring more notice be given. An opinion was expressed the system has not been abused regarding the calling of special meetings. A suggestion was made of requiring 48 hours' notice to be given for special meetings. Discussion ensued regarding who can call special meetings. It was felt if the mayor and city manager are able call a special meeting, then one commissioner should also be able. Member Garris moved that Section 2.08(a) Meetings be amended to read "Special meetings may be held on the call of the mayor-commissioner, the city manager, or anyone commissioner and..." The motion was duly seconded and upon the vote being taken, Members Figurski, Garris, Lijewski, Rivers, Salmon, Seel, Smout voted "aye;tt Members Hamilton and Lancaster voted IInay." Motion carried. Member Salmon pointed out the last paragraph in Section 2.08(c) lists Sections 2.07(c) and 3.02 as exceptions to 2.08(c) Voting. and indicated these are not the only two sections where the vote does not require the vote of the majority of all the commission members. The Chairman suggested language. Member Salmon moved to amend Section 2.08(c) last paragraph as follows: "Except as provided otherwise in this charter, no action shall be valid or binding unless adopted by the affirmative vote of the majority of all commission members." The motion was duly seconded and carried unanimously. Member Hamilton moved that Section 2.08 be approved as amended. The motion was duly seconded and carried unanimously. Section 2.09. Ordinances and resolutions in general. Member Salmon noted Section 2.09 (a)-(c) is almost identical to state law. MINCH0519.94 Mav 19,1994 3 t-~r(,;'\: .::.\"C':trc""P' '., . Referring to (c) Procedure, a request was made to include a brief summary and no abbreviations andlor acronyms such as CRA (Community Redevelopment Agency) in ordinance readings. It was pointed out ordinances are discussed before adoption. .ct Member Garris moved Section 2.09 Ordinances and resolutions in general - (c) Procedure be amended to read tI A proposed ordinance shall be read by title, or in full, and include a brief summary of the ordinance using no abbreviations andlor acronyms, on at least two separate days... II The motion was duly seconded. Member Smout felt there was no need for this amendment indicating a presentation is made before the adoption of an ordinance. He expressed concern in lengthening the process of adopting ordinances unnecessarily. Upon the vote being taken, Members Garris and Lijewski voted Itaye; II Members Hamilton, Lancaster, Rivers, Salmon, Seel, Smout, Figurski voted IInay." Motion failed. Discussion ensued in regard to emergency ordinances expiring in 90 days. Member Salmon noted the model charter reflects 60 days. Member Lancaster moved that Section 2.09 remain unchanged. The motion was duly seconded and carried unanimously. . Section 2.10. Authentication. recording and disposition of charter amendments. ordinances and resolutions. A question was raised how often the City's code of ordinances is republished and it was indicated approximately every 10 years. It was noted this was done in 1992. Member Hamilton moved that Section 2.10 Authentication, recording and disposition of charter amendments, ordinances and resolutions remain unchanged. The motion was duly seconded and carried unanimously. Section 3.01. City Manager A question was raised whether the city manager has to be affirmed after each election, and it was indicated this is not the case. 'fij Member Hamilton moved that Section 3.01. City Manager remain unchanged. The motion was duly seconded and carried unanimously. u MINCH0519.94 4 Moy 19. 1994 ,.:' " i~: ~_~. ',!~.'.; /. ' '. :,::' ,::.~, "::': I~ .: ~.,:', .'. " : '~:. . ~ '~'-:"':~" ..;J.:' : ~ ~:~':":';+~'. _:..:~'.:;.,;; I,:' '. r :: I' . >~ '. '. , ..': ";'~ ',: :"'. " :'\ . ':' '. ':,'. '.'..'" ':, ~ ;" ,I:, ':'. :',' '. ~ , ::, ',", ( : : :' , ..J: ,"' "" '. . ':, '. ~ . "",:':', ~ 4 " .:" " ~:'.::- ..'. :.. " ~ Section 3.02. Appointment: removal: comoensation ~ Discussion ensued in regard to the charter requiring the city manager to be removed by an affirmative vote of four commission members. Member Salmon noted the model charter allows for the city manager to be appointed and removed by majority vote of the commission. He noted the City's charter requirements regarding removal are different for the city manager than for the city attorney. Discussion ensued in regard to the city manager designating an acting city manager in his absence. A question was raised if the commission might make a more appropriate choice especially if the city manager is going to be absent for an extended period. It was believed the city manager is on the front line and is most equipped to determine who can handle the job in his absence. Member Seelleft the meeting at 5:35 p.m, Member Lancaster moved that Section 3.02. Appointment; removal; compensation of the city charter remain unchanged. The motion was duly seconded and carried unanimously. Section 3.03. Powers and duties of the city manager. f~:;' Discussion ensued in regard to the model charter providing the city manager be responsible for directing and supervising the administration of all departments and agencies of the city. It was felt this was cove~ed in Section 3.01 of the city charter. Discussion ensued in regard to the city manager having the right to take part in discussion at city commission meetings but has no vote. Concern was expressed there have been instances when the city manager has lobbied the commission and has made interpretations for them. It was indicated even if the city manager speaks his mind, he can still be overruled by the commission. Discussion ensued in regard to the charter providing the city manager keep the commission advised as to the financial condition and needs of the city. A suggestion was made to replace this with the city manager providing a 3-year forward financial forecast at the end of each year to be used as a planning tool in formulation of the coming year's budget, etc. It was felt a 3-year planning tool would be helpful to the commission. A question was raised if the state mandates planning requirements. It was noted the previous city manager prepared a 3-year forecast. A suggestion was made tiJ to include a 2-year forecast along with the coming year's budget. u MINCH0519.94 5 May 19. 1994 "__.PIo.,J..,.,l.~na~. ....H.. .. ~..~., . '.n...~_.. ~"'.. . .' ".o>o~"'__-"'_.'L"--.'. .'.~''''H..-..",', . :'.'>_.." ..',;,':'-,,' ':\",:',:.,':,< . , , I I.. '. .,...... \ l~ : I. j I",. '.' \., ~ r;) f il.1A\ .!~C;I \J (:;..,\ ~ I' , ~ ." Member Salmon moved to amend Section 3.03(h) to read "Keep the commission fully advised as to the financial condition and future needs of the city, provide a 3-year financial forecast, and make recommendations...". The motion was duly seconded and carried unanimously. A question was raised whether to delete the word "fully" and majority consensus was not to delete the word. It was noted a recommendation had been received to require senior staff to establish residence in the city within a year of appointment. The majority consensus was not to address this issue. Section 3.04. Personnel system. Member Salmon moved that Section 3.04 ofthe city charter remain unchanged. The motion was duly seconded and carried unanimously. The meeting recessed from 5:50 p.m. to 5:59 p.m. Section 4.01. City Clerk. Member Hamilton moved that Section 4.01 of the city charter remain unchanged. The motion was duly seconded and carried unanimously. Section 4.02. City attorney. legal deoartment. Member Figurski recommended the word "paralegalU be included as part of the personnel staff in the legal department as they are being used more and more in the legal profession. A question was raised if the city attorney should report to the city manager, and it was felt the city attorney should stay under the commission. Member Garris returned at 6:10 p.m. A question was raised whether the City Clerk should report to the commission rather than to the city manager as a matter of loyalty. The Assistant City Clerk explained the City Clerk works very closely with the candidates for commission seats and having the city clerk report to the commission could be seen as a conflict. Member Smout moved to amend Section 4.02 of the city charter to add in the second sentence after the words "and such" the word "paralegal." The motion was duly seconded and carried unanimously. MINCH0519.94 Mav 19,1994 6 ~?::~~., r '. .'T.J ; ,~'. >t:.:~.i':":...'~'>'.'>~;:<\'c: ) . to. ,. 'j.~. " . ...." '1' ~'" l C . ! >i..\ ~.'(":i' . I ':: . ~ . C! . '.' '.. ",:..: .."",.... .. .. : ,.' .',..... ....: " .:... .,....,: ..:. :'"'. ..":. .' . , ." J I '>.': .....) . :.'" '," ..' :'::;. ,< :.'.:'. ;;:" ::.:,'.':....... ":::::::~'~i-~,~~~>~~:,"..:~i.~.:~....:.:,:~:..~.:~. . " ,'.:" ".: . .. :, : " ' . . \ :. . I . ~ ,: <,;",: ,', ' ' ." .' \, . '\.' ..' ..... .... ~ Section 4.03. Cltv attorney. appointment. removal. auallfications and duties. A (a) ~ /. A question was raised jf the city attorney's removal process should be the same as for the city manager. It was felt the process should remain as is currently outlined in the charter. An opinion was expressed more money should be spent on hiring legal experts in their fields and less money spent inhouse. Concern was expressed this could be very expensive. It was noted legal expenses are sometimes incurred as a result of the commission going against the advice of the city attorney. A preference was given to having a city attorney on staff to be available when needed. It was noted the language in the charter allows the commission to structure the legal department. Member Smout moved that Section 4.03(a) of the city charter remain unchanged. The motion was duly seconded and carried unanimously. It was noted the previous city attorney requested in Section 4.03(c) the words I'By letter, filed with the commission,.' be deleted as he did not want his absence from the city to be public knowledge. It was noted this phrase was also included in the city manager section. It was felt this phrase was not necessary. Membor Smout moved in Sections 4.03{c) and 3.02(d) the words "By letter, '~ii1\ filed with the commission," be deleted. The motion was duly seconded and carried C~i unanimously. Section 4.04. Assistant city attorneys. special counsel. Discussion ensued in regard to the commission appointing legal counsel when deemed necessary. It was indicated the city attorney should also authorized to appoint legal counsel. An opinion was expressed the outside counsel should also report to the city attorney along with the commission. It was noted a recommendation was received from staff to add to Section 4.04(b) reference to the bid limit indicated under Section CHT:4{d)(2}. . Member Hamilton moved that in Section 4.04(b) at the end of the paragraph, to add the words "and to the city attorney" after the words "who shall report to the commission. it The motion was duly seconded. ~ Discussion ensued in regard to whether outside counsel should report to the city attorney in addition to the commission. Concern was expressed in hiring an outside counsel to check a perceived impropriety in the legal department and the w MINCH1J519.94 7 May 19, 1994 ~'--,.......~_...........~... . . ,,'" ~ >. .,. ,~ ..... 'r ....,.....".-..--...___.. ". . c . ,. ., .....~.. " 'n, . "':' " t.'.:-_., ". 'i:),"':~' ..... : ,.L' ,....:..,., ,'.... '" ',", I.,:".',,'.... . ,.' ':,," '.: . ',' ' . I ,~ .',, ", ,I..~ ",' .,~': . .,' " ......:"..:.,:. ~':...:. '_............ .'" \..'...... .........1'.~.........\.'....... .:..., :~.' :....:......, ::........ .. .' <.: .;. .:.- . . ~ '.~. .'. . - . .< .: ~:: . >.' ;.. ..; ..: ,:. . ~ <:. <.,,,,::::,, .;~'-:;'.~<,' . , . .. . .'... , .. . 'ql .... ro. 'p [~_.... l_, . '.. ..... ..,"" .'.'. . , 'I. "":'~i"..'. :":':''':''~::~'''''''~~~''~::~'':'~.'':':'''I''~_~''''''.:':':''''':'L' :.:.~ ;.".1......:: '..,'..,.':..:,.;...,......1:..; "::".':.:...,,1 ....:::.:.. ......'.. .~:.'.,.,.: ~"..':'..'.: .... '..:.',,'. . '" ~ , report going to the city attorney. A request was made to check with the legal department to see if there has been a problem and if there is a need to add this language, 1:"-- t' '.:) The motion was withdrawn. A question was raised if this section should reference the bid limit. It was felt it is part of the bid process and there was no need to reference it in this section. Member Lancaster moved that Section 4.05. Compensation of the city charter remain unchanged. The motion was duly seconded and carried unanimously. Article V. Planning and Zoning {Section 5.01 Regulation.} Member Hamilton moved that Article V. Planning and Zoning remain unchanged. The motion was duly seconded and carried unanimously. The Chairman requested the members review the remainder of the charter for the next meeting. General Accounting Office (GAO). (, A recommendation was made there be a three-member internal audit staff where operational audits can be requested by the city manager and the commission. An opinion was expressed the internal auditor should be reporting directly to the commission and not to the city manager. The internal auditor should be hired and fired by the commission. An opinion was expressed the internal auditor should report to the city manager. A statement was made there needs to be an additional position that reports directly to the commission. There was discussion these positions would be two distinct applications and would fulfill different needs. Concern was expressed in creating another level of bureaucracy by having this position. An opinion was expressed if the commission is to be parttime, they need a . source to get independent information. Concern was expressed the city manager may only report favorable information. \;) A question was raised if an audit position reporting directly to the city commission is created would the position be permanent. It was felt it would be up to the commission to determine if the position would be full time. o MlNCH0519,94 a May 19. 1994 ....~~~.lh.J.~'.L..~._.<<'H .' . . -,,_. ."~r+''''.''~'~~''l''''''~''',. ~ . ,"... ..+,.. ~\:.,,{;~\,:_i':'<': ",:::<... ...... .].': :' ,I ". '. '..:..':\:: , " ...... .t . .... ,.."..'", I . , " ~I . '.::. '. ',I . \ .' ... .,. .,.' . ,u. . \ .. ~ . . ",.:,' ," .',: ,. ~ f ..:) It was questioned whether a volunteer auditing committee could be used to report to the commission. ~ , Concern was expressed an assumption was being made that only favorable things are reported to the commission. It was believed the Budget Advisory Committee and budget review process provides an opportunity to look at the departments to see if there are any irregularities. Discussion ensued in regard to whether the GAO position should be parttime or full time. It was noted there is a professional staff that the commission can ask for advice. A recommendation was made for the commission to have an advisory auditing volunteer and it was felt a certain level of expertise is needed. Member Garris moved to add a new Section 4.06. City Auditor. There shall be an audit department, headed by the city auditor, operating under the authority of and responsible to the commission. The auditing department shall consist of the city auditor and such other personnel as the commission may direct. The motion was duly seconded. . A question was raised as to what functions this position would perform. Discussion ensued in regard to establishing duties and this will be discussed at the next meeting. ffIJ' ( . An opinion was expressed the current internal audit staff should remain the .~~., . same. A new position would be created reporting to the city commission. Concern was expressed if a new position is created, the current internal audit office might become the excess labor pool. A question was raised if there is a major need for a GAD. It was felt there was a need for the commission to see if the government is functioning efficiently. Concern was expressed creating another complete entity would be expensive. It was felt if the GAD is effective, it could save the city money by finding ways to be more efficient, reduce staff, to ensure the city is in compliance, etc. Discussion ensued in regard to giving this issue some thought and bringing it up at the next meeting. An opinion was expressed the city manager should have an internal audit office to get things done. ,..;) It was believed having one internal audit staff would not preclude them from working in cooperation with the city manager on certain projects in addition to reporting to the commission. \~ MINCH0519.94 9 Mav 19, 1994 ~ ,. ., ....>, . . ,"~ ."~"" ,,\ ,....'.;'~.:, :.~t'~'+I~.::'-.' ..', ~ . . -. ..... . . . ': ..~ :~.. L J'.: I., C ~ Concern was expressed In getting away from the current form of government by putting various departments under the city commission. i.~ .:.,~ Discussion ensued in regard to revisiting certain issues in the charter after the entire charter is reviewed. Member Hamilton expressed concern the Beach Views misquoted him. He questioned whether a CRC member should be expressing her viewpoint in the newspaper. Member Garris responded she has always reported on committees meeting in the sunshine and has always corrected a misquote if notified. She also indicated she has tried to express others' views in addition to hers, The majority of the committee did not see a conflict with Member Garris writing articles regarding the CRC meetings. The meeting adjourned at 6:58 p.m. ,. \ t:t ~ t City Clerk . ::J I . o MINCH0519,94 10 May 19,1994