04/22/2003 (2)
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CHARTER REVIEW COMMITTEE MEETING
CITY OF CLEARWATER
April 22, 2003
Present Daniel Dennehy
Melody W. Figurski
,John Doran
Jay Edwin Polglaze
William Joe Fisher
Nicholas C. Fritsch
1say M. Gulley
Thomas D. Calhoun
Timothy A. Johnson, Jr.
Jay F. Keyes
Chair
Vice Chair - arrived 4:36 p.m.
Committee Member
Committee Member
Committee Member - arrived 4:36 p.m.
Co'mmittee Member
Committee Member
Committee Member
Committee Member
Committee Member
Absent: Katherine Elliott Cole
Lawrence (Duke) Tieman
Committee Member
Committee Member
Also Present: Pamela Akin
Mary K. Diana
Rosemarie Alfaro
Brenda Moses
City Attorney
Assistant City Cl~rk
Administrative Analyst
Board Reporter
The meeting was called to order at 4:32 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 April 8. 2003 minutes
Member Doran moved to approve the minutes of the regular meeting of April 8, 2003, as
submitted in written summation to each board member. The motion was duly seconded and
carried unanimously.
ITEM #3 - Section 2.06. Prohibitions
This section had been discussed previously and the City Attorney reviewed the following
suggested changes. ' .
(b) Dealing through city manager. Except durinq an investiqation for the purpose of
inquiries 3nd investigations, the council and its commission members shall deal with city officers
and employees who are subject to the direction and supervision of the City manager solely
through the city manager. Neither the council commissioR nor its members shall give orders to
any such officer or employee, either publicly or privately. Recommendations for improvement in
city operations by individual council members commi6sioA6f6 shall be made to and through the
city manager.
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In response to a question, City Attorney Pam Akin said this section does not preclude a
Commissioner from going to a staff meeting; however, it would still be a question of whether or
not the Commissioner attended the meeting to observe operations. She said the committee
could add a clarifying paragraph stating that attending staff meetings is not the same as
observing operations, but did not suggest doing so. It was remarked the purpose of the City
Charter is to set broad policy and not to define or specify every action of the Commission. Ms.
Akin said there is an ordinance that expands upon the investigative and subpoena powers, so
she did not suggest addressing it further in the Charter.
. Nothing in the foregoing paragraph prohibits individual members of the council
Gemffilssion from askinq Questions about questioniAg and observing city operations so as to
obtain independent information to assist them in the formulation of policy.
Consensus was to recommend the amendments.
ITEM # 4 . Section 2.07. Vacancies: forfeiture of office: filling vacancies: advisory boards
This section has also been discussed previously.
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Ms. Akin said other than changing the language to council member, the suggested
substantive changes in subsections (b)3. and (c)1. are as follows: "Fails to attend ~ three
consecutive regular meetings of the commission......ll and "A vacancy on the commission.....
within ~ 45 days after the vacancy. If the vacancy is not filled within 45 days after it occurs. the
appointment to fill it shall be made bv the Governor of Florida."
Subsection (c)2. Delete current language and renumb,er section.
Consensus was to recommend the amendments.
ITEM #5 - Section 2.08. Procedure
Ms. Akin suggested adding to the end of the third sentence in subsection (a) Meetings.
u.. .shall be public, except as provided bv law." '
Consensus was to recommend the amendment.
ITEM #6 w Section 2.09. Ordinances and resolutions in qeneral
Ms. Akin noted most of this section is statutory.
Referring to subsection (e) Emergency ordinances, a question was raised whether this
section prohibits borrowing from FEMA in case of a hurricane or another natural disaster. The
City Attorney believed FEMA would reimburse funds used for disasters and'will check into.
.
Discussion ensued in regard to' how much amending can occur to an ordinance between
the first reading and the second reading. The City Attorney said if the substance of an
ordinance changes the title substantively, then a new first reading of the ordinance would be
required. Concern was expressed regarding the delay in adoption of an ordinance if it has to go
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. back for first reading. The City Attorney said the purpose for the new first reading is for the
public to be on notfce of the ordinance change.
, In response to a question, Ms. Akin said emergency ordinances are not used often. She
said she would review the authorizing borrowing language. She believed the language in the
Charter was from the statute on emergency ordinances.
Consensus was not to make any amendments to this section.
ITEM #7 - Section 2.10. Authentication. recordinQ and disposition of charter amendments,
ordinances and resolutions
I'n response to a question', Ms. Akin said she would find out what is meant by the
language in subsection (b) Recording. "The City Clerk..... "shall enter all the charter
a mend ments."
Discussion ensued in regard to subsection (c) Availability of Public Records, and
Ms. Akin said although public records are available on line. she felt that'subsection (c) did not
need to be changed.
In response to a question, Ms. Akin said State law establishes the charges for copies;
however, staff has the ability to charge for time if a request takes excessive time.
e,
Consensus was not to make any amendments to this section at this time.
ITEM #8 - Section 3.01. City Manaqer
Discussion ensued regarding why the City Manager is referred to as both the chief
administrative officer and chief executive officer of the City and it was felt both titles are similar
and not necessary.
It was suggested to delete "chief administrative officeru in sentence one of this section.
In response to a question, Ms. Akin said she did not feel that one year was a long time to
wait for the City Manager to become a resident of the City.
Concern was expressed after residency was established it be maintained.
It was suggested to add to sentence 3 "...establish and maintain residency...".
Consensus was to recommend the amendments.
ITEM #9 - Section 3.02: Appointment; removal: combensation
Discussion ensued in regard to the city manager being entitled to a public hearing when
removed from office. In response to a question, Ms. Akin said regarding subsection (b), the City
Manager is entitled to a public hearing jf so desired as part of due process, which allows an
.
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opportunity to address the public and present their side. He/she may elect not to use that
forum.
Member Gulley moved to delete the last sentence in subsection (b) "Upon request by the
city manager, a public hearing will be held prior to a vote to remove the city manager.",
providing there' are no related legal issues with the deletion. The motion was duly seconded
and carried unanimously.
ITEM #10- Section 3.03. Powers and duties of the city manaqer
It was noted that subsection (d) should read "...faithful execution instead of faithful
executive... .."
Discussion ensued in regard to the provision in subsection (b) that the City Manager
could abolish any department with commission approval as concern had been previously
expressed. A suggestion had been made to add the language "except for Fire, Police and
Parks which shall require a referendum." The City Attorney expressed concern that the city
could end up with a shell entity. Ms. Akin said she will present alternatives at the next meeting.
Consensus was not to make any amendments to this subsection (b) at this time.
In response to a suggestion to change the wording of sentence one in subsection (a) to
....... the city manager's jurisdiction, except ~c moy be othel'Vlise provided by in accordance with
law." and to make the same change in the language in the next sentence regarding civil service
law and other applicable rules and regulations. Ms. Akin said she would review the language in
that sentence. She felt rules and regulations are not always considered the same as law as had
been indicated.
In response to a question, Ms. Akin said all the language throughout the Charter,
document would be changed to reflect "council" and "council members" in place of
"Commiss ion to, and "Commissioners to.
In response to a question, Ms. Akin said although subsection (f) refers to a once a year
comprehensive financial report to the Commission. there are quarterly budget reports and
amendments given throughout the year. '
In response to a question, Ms. Akin said she did not know if the City Manager has a
separate written job description in addition to the powers and duties listed in the Charter. She
said his contract does not specify everything the Charter does. '
In response to a question. Ms. Akin said depending upon the amount of the check and
the purpose for which it is to be used; there are various designees or persons who are
authorized to sign checks. She said the Finance Director signs most of the larger checks. Ms.
Akin said there is an ordinance, which specifies how financial management is handled.
Discussion ensued in regard to the language the city manager acts as purchasing agent
for the city and concern was expressed this language is limiting. Regarding subsection (I), Ms.
Akin said there are statutory references to purchasing agent which she will research.
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It was suggested sentence two read 'The city clerk or the ~fficial representative
desh:mee of the city clerk ....."
Consensus was to recommend the amendment.
ITEM #12 - Section 3.05. Personnel system
Consensus was not to make any amendments to this section.
ITEM #13 - Set Agenda for Mav 13 meetinq
Member Gulley said she would be unable to attend the Ma'y 13. 2003 meeting. as she is
receiving the Fannie Mae Award of Excellence.
It was also noted Member Cole would not attend the May 13. 2003 meeting.
The Chair noted that Section 4 would be'reviewed at the next me~ting.
ITEM #15 - Adiourn
The meeting adjourned at 5:25 p.m.
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Chair .~ .
Charter Review Committee
Attest:
~[. )i....O~~
Ci Clerk " '
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, Charter Review, 2003-0422
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, 04/22/03