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CHARTER REVIEW COMMITTEE MEETING
CITY OF CLEARWATER
May 13. 2003
Present: Melody W. Figurski
John Doran
Jay Edwin Polglaze
William Joe Fisher
Nicholas C. Fritsch
Thomas O. Calhoun
Timothy A. Johnson, Jr.
Jay F.. Keyes
. Lawrence (Duke) Tieman
Vice Chair
Committee Member
Committee Member
Committee Member
Committee Member
Committee Member
Committee Member
Committee Member
Committee Member
Absent: Daniel Dennehy
Katherine Elliott Cole
Isay M. Gulley
Also Present: . Pamela Akin
Cyndie Goudeau
Rosemarie Alfaro
Brenda Moses
Chair
Committee Member
Committee Member
'City Attorney
City Clerk
. Administrative Analyst
Board Reporter
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 April 22. 2003 minutes
Member Keyes moved to approve the minutes of the regular meeting of April 22, 2003,
as submitted in written summation to each board member. The motion was duly seconded and
carried unanimously.
Review of Proposed chanqes
City Attorney Pam Akin referred to a handout and reviewed previous changes that begin
with Section 2.08.
In. response to a question regarding Section 2.07 - Vacancies, forfeiture of office, filling
vacancies; advisory boards; Ms. Akin said if an election already is scheduled within 46 days, .
and this section refers to a vacancy being filled within 45 days.afte~ it occurs, 'it is highly unlikely.
that the governor would be able make an appohitment in that time period anyway.
Ms. Akin said Section 2.08(a) Meetings was changed'to read u.. .AII meetings shall be
public" except as provided bv law.~' .
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Regarding Section 2.09(e), Ms. Akin said there is no state statute that prohibits
borrowing of money by emergency ordinance, therefore that prohibition can be deleted.
Consensus was to delete the prohibition of borrowing money by emergency ordinance
from Section 2.09(e).
Ms. Akin said "and shall enter all charter amendments was deleted from sentence three
Section 2.1 O(b) Recording, which now reads "The city clerk shall also maintain the city charter in
current form."
Ms. Akin said in Section 3.01 GUy Manager, she deleted.... .chief administrative officer
and..." from sentence one, which now reads "The city manager shall serve as the chief
executive officer of the city." She added .....but shall establish and maintain residency..." to
sentence three.
Ms. Akin said the last sentence, allowing the City Manager to request a public hearing
prior to a vote for removal, in Section 3.02(b) Removal was deleted.
In response: to a question, Ms. Akin suggested that the language in Section 3.03(a)
""except as otherwise provided by law" remain as is because the City has contracts that
address discharge for SAMP employees that are not necessary cove;-ed by law.
Ms. Akin said it had been proposed that language be added to Section 3.03(b) that
would require a referendum prior to discontinuing the police and/or fire department(s). She also
submitted proposed language to create Article V, Departments. She said Article V would
require there be a Police and a Fire department and specifies what their responsibilities will be.
She was concerned that the language proposed for 3.03(b) would allow for shell departments.
One member said he spoke to each Commissioner regarding the future potential for
abolishing the police and fire departments. He said three Commissioners stated they believed
in a referendum; one felt that decision was the Commission's responsibility, however would
agree to requiring a super-majority vote; and one would insist on a referendum with respect to
abolishing the police department but not fire.
Concern was expressed that too many limitations in the Charter can create significant
problems. It was remarked that if the objective is to prevent something from ever happening,
then it should be in the charter. It was felt that it is the Commission's responsibility to discuss
and make decisions with respect to merging police and fire departments with other departments
or with the county. It was remarked that fire and police departments already have civil service
and union s"afety nets. Some members Suppo"rted language in the charter that a referendum
should be required before the police and fire departments could be abolished or combined with
other entities.
Member Keyes moved to accept Article V, Departments as proposed by Ms. Akin. The
motion was duly seconded.
Upon the vote being taken, Members Figurski, Polglaze, Keyes, and Tieman voted
"aye"; Members Fritsch. Johnson, Fisher, Calhoun, and Doran voted "nayll. Motion failed.
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ITEM #3 - Section 4.01 City Attornev: Leoal Department
Consensus was to delete "when appointed and authorized by the Commission" from the
second sentence of Section 4.01 as it appears to be redundant.
ITEM #4 - Section 4.02 City Attornev. appointment. removal. compensation. Qualifications and
duties
Consensus was to delete u.. .members voting for removaL" from Section 4.02(a}.
Sentence one would read "The city attorney shall be appointed by the affirmative vote of four
council members and may be removed by a majority of the members of the council."
Discussion ensued and it was further suggested deleting .... the members..." from
sentence one. Sentence would ultimately read 'The city attorney shall be appointed by the
. affirmative vote of four council members and may be removed by a majority of the members of
the council."
ITEM #5 - Section 4.03 Assistant City Attornevs, Special Counsel
No changes were recommended to this section.
. ITEM #6 - Section 4.04 Compensation
No changes were recommended to this section.
ITEM #7 - Set Agenda for Mav 27 meetinq
Consensus was to review Articles VI, VII and VIII at the next meeting, and to review the
property sections the first meeting in June. .
In response to a question, Ms. Akin said she would research how Clearwater's initiative
and referendum provisions differ from general law. .
ITEM #8 - Adiourn
The meeting adjourned at 4:56 p.m.
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Chair
Charter Review Committee
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