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04/08/2003 (2)I• CHARTER REVIEW COMMITTEE MINUTES u • • CHARTER REVIEW COMMITTEE MEETING CITY OF CLEARWATER April 8, 2003 Present: Daniel Dennehy Melody W. Figurski John Doran Jay Edwin Polglaze Katherine Elliott Cole William Joe Fisher Nicholas C. Fritsch Isay M. Gulley Lawrence (Duke) Tiernan Absent: Thomas D. Calhoun Timothy A. Johnson, Jr. Jay F. Keyes Also Present: Pamela Akin Cynthia E. Goudeau Rosemarie Alfaro Brenda Moses The meeting was called to order at 4:30 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #2 - Approval of March 25, 2003 minutes Member Fritsch requested the last sentence on page three of paragraph one read ...receive expense reimbursement...". Member Figurski moved to approve the minutes of the March 25, 2003, meeting as amended. The motion was duly seconded and carried unanimously. ITEM #3 - Section 2.03. Election and terms In response to a question, City Attorney Pam Akin said the third sentence of the revised language refers to a period of years, not a term. The reference to "or but for resignation" is commonly used legal terminology. Sentence three means that if a person resigns during his/her term and would have otherwise served a full term, that period of service counts as a full term. Chair Vice Chair Committee Member Committee Member Committee Member Committee Member Committee Member Committee Member Committee Member Committee Member Committee Member Committee Member City Attorney City Clerk. . Administrative Analyst Board Reporter It was noted the first sentence of the second paragraph on page two should read "Newly elected Council Members shall take office at the next Council meeting..." Charter Review 2003-0408 1 04/08/03 Discussion ensued regarding requiring a four-year "sit out" period once a member is ineligible to run due to term limits. It was felt that two years would encourage dedicated persons interested in serving to do so, whereas four years was too long a period to maintain their interest. Member Gulley moved to change the language in sentence four of paragraph one on page 2 to read "...the succeeding two-year period". The motion was duly seconded and carried unanimously. One member expressed concerns how the Committee values the Commission was lost in the last meeting's consensus not to change the compensation and expenses provision. It was suggested a formal statement be made which encourages the Commissioners to consider an increase in their salaries. It was remarked that it is difficult to find a balance of time spent regarding official City business versus responding to the community. In response to a question, City Attorney Pam Akin said the Commission spends approximately 20 hours a month in required regular monthly meetings, workshops, and ad hoc meetings. It was remarked that by choice, each Commission member spends a different amount of time being a Commission member. Ms. Akin said there is a Charter provision that states the Commission must adopt a salary six months prior to an election. The change takes effect after that election. It was suggested the minutes reflect that the compensation issue was revisited, consensus was that the Committee felt the Commission was not adequately compensated, and that the Committee would support a salary increase. AM, In response to a question, Ms. Goudeau said, when considering their salary, the Clearwater Commission reviews salaries of other city's commissioners and council members. The last time there was a salary increase a two- percent annual increase or the Social Security COLA, whichever is greater, was also implemented. Unanimous consensus was that the Charter Review Committee values the City Commission members, believes they are not adequately compensated and supports a salary increase. ITEM #4 - Section 2.06. Prohibitions Ms. Akin said she needs to speak to Committee Member Johnson regarding grammatical changes made to the Charter five years ago. She believes this section inadvertently received more substantive changes. In response to a question, Ms. Akin said Section 2.06(a) prohibits the Commissioners and Mayor from influencing the appointment or removal of any City administrative officer or employee, other than the City Manager and City Attorney. -Discussion ensued regarding a request for an additional prohibition in the Charter that would prevent the Commission from dissolving the Police, Fire, and Parks and Recreation departments and contracting those services out to the County in the future. Concern was expressed that although the current Commission does not appear to be in favor of contracting those services, the potential exists in the future. It was suggested that a referendum be IP Charter Review 2003-0408 2 04/08/03 required before such a change could be made. Concerns were expressed this would need to be done in such a way as to not to strip the City Manager of his organizational responsibilities and authority. Ms. Akin said it is difficult to include or address the Parks and Recreation department in this suggested limitation/prohibition, as many programs in that department already are outsourced. She said the Police department also outsources criminal investigative matters. The Comprehensive Plan protects only the open space recreation portion. Concern was expressed that one area of the County already exists between Largo and Clearwater where the County will not respond to needed police coverage. Concern was expressed that budgets could be cut in those departments if kept in-house and performance and services would greatly be affected. Ms. Akin said she would draft language and review where best to place the suggested . limitation/prohibition in the Charter. It was consensus that the Police and Fire departments be a part of this issue, and if possible, the Parks and Recreation department. In response to a question regarding Section 2.06(c), Ms. Akin said the ordinance deals with lobbying. Consensus was no change is needed to this section. ITEM #5 -- Section 2.07. Vacancies; forfeiture of office, filling vacancies; advisory boards Discussion ensued regarding the appointment of a vacant mayoral seat. In response to a question, Ms. Akin said Dunedin concluded that no council member could be appointed Interim Mayor unless they gave up their Council seat. Under Clearwater's Charter, the Commissioner also would have to give up his/her seat to fill a mayoral position. Ms. Goudeau said if the mayoral seat was permanently vacant, it should be filled within 30 days. A special election would be required if not filled within 60 days. In response to a question, Ms. Akin said although there is no written policy or ordinance, the Commission sometimes requests that members appointed to serve in a vacant Commission seat not run for that position when the seat is up for election. The Commission can appoint a person of their choice to fill unexpired terms. Discussion ensued regarding the fairness of this unwritten policy with concerns being expressed that there are inconsistencies in informing candidates for appointment of the "no run" policy. It was felt that this issue should not be addressed in the Charter, as the Commission, at a public meeting, determines its policy when vacancies occur. Individuals accepting the appointment are agreeing to the terms of accepting that seat. Discussion ensued regarding Section 2.07(b)3 and 4. It was remarked that these sections refer to regular meetings, not work sessions. A comment was made that missing six meetings a year is unacceptable. Consensus was to change "to" to "shall" prior to "be declared" in Section 2.07(a). Member Cole moved to amend Section 2.07(b)3 to "Fails to attend three consecutive regular meetings of the Council unless such absence is excused by the Council..." The motion was duly seconded and carried unanimously. Charter Review 2003-0408 3 04/08103 Discussion continued regarding Section 2.07(c). In response to a question, Ms. Goudeau said a special election usually takes 120 days to prepare. It was suggested a date deadline be considered including a provision for the governor to appoint someone to the Commission. Ms. Goudeau said Florida Statutes provides that the governor is to make the appointments unless otherwise provided in the Charter. As the govemor's time cannot be controlled by a municipality, that appointment could be delayed. It was felt that is more incentive for the local municipality to appoint someone within the timeframe specified in the Charter. Concern was expressed that if a vacancy occurs early in a term, the person appointed could serve almost a full four year term (if the change in length of term is approved) without being elected by the citizens. Ms. Goudeau said the maximum appointment would be two years as election for the unexpired tern is required at the next regular election. Consensus was to change Section 2.07(c)1 to 45 days and changing 2.07(c)2 to state that if the council fails to fill such vacancy within 45 days the govemor would make the appointment. Ms. Akin said she would bring back language regarding these sections for the Committee's review. Consensus was no change is needed to Section 2.07(d). Member Cole stated she would not be able to attend the next two committee meetings, as she will be out of town. Member Tiernan said he would be unable to attend the next meeting. ITEM #6 - Section 2.08. Procedure See Item #14. ITEM #7 - Section 2.09. Ordinances and resolutions in -general See Item #14. ITEM #8 - Section 2.110. Authentication, ,recording and disposition of Charter amendments, _ - .....- ,. ._ _. ... ordinances and resolutions See Item #14. ITEM #9 - Section 3.01. City Manager See Item #14.. ITEM #10 - Section 3.02. Appointment; removal; compensation See Item #14. ITEM #11 - Section 3.03. Powers and duties of the City Manage See Item #14, A Charter Review 2003-0408 4 04/08/03 ITEM #12 -Section 3.04. City Clerk. See Item #14. ITEM #13 -- Section 3.05. personnel system See Item #14, ITEM #14 -? Set Agenda for April 22 meeting Consensus was to review Sections 2.08 through 3.05 at the next meeting. ITEM #15 - Adjourn The meeting adjourned at 6:00 p.m. 1 Chair Attest: Cit Jerk Charter Review Committee