8130-09
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ORDINANCE NO. 8130-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
SUBMITTING TO THE CITY ELECTORS A PROPOSED
AMENDMENT TO THE CITY CHARTER AMENDING SECTION
2.01 (c)(3), TO ELIMINATE THE MANDATORY ROTATION OF
INDEPENDENT AUDITORS AND REQUIRE A COMPETITIVE
REQUEST FOR PROPOSALS PROCESS EVERY FIVE YEARS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, mandatory auditor rotation creates additional costs and audit
inefficiencies with uncertain potential benefits; and,
WHEREAS, a decrease in audit firms fully qualified to perform public-sector audits
and the resulting lack of competition has made mandatory auditor rotation more costly and
potentially counterproductive; and
WHEREAS, other safeguards now exist to address the independence and
objectivity of independent auditors, including state law requiring a competitive request for
proposals process managed by an audit committee appointed by the governing body; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Amend Section 2.01.(c)(3) as follows:
Section 2.01. Council; composition; powers.
(a) Composition. There shall be a city council, (the "council"), composed of five council members,
including the mayor. The members will occupy seats numbered one through five, inclusive. All
members shall be elected at large by the voters of the city.
(b) Powers. All legislative power of the city shall be vested in the council, except as otherwise
provided by law or the provisions of this charter, and the council shall provide for the exercise
thereof and for the performance of all duties and obligations imposed upon the city by law.
(c) Duties. It shall be the duty of the council to discharge the obligations and responsibilities
imposed upon the council by state law, city ordinance and this charter. As a part of the discharge of
its duty, the council shall:
1. Each October at a public meeting, present a report on the evaluation of the performance
of the city manager and city attorney.
2. Adopt by ordinance a comprehensive system of fiscal management. The fiscal
management ordinance shall include provisions relating to the operating budget, capital budget and
capital program, and provide for hearings on the budget, capital budget and capital program and the
amendment of the budget following adoption.
3. Provide for an annual or more frequent independent audit of all city accounts by a firm of
certified public accountants. No firm shall be employed for more than five consecutive years, unless
selected throuQh a formal Request for Proposals process .AII audits shall be in accordance with law.
4. Regulate comprehensive planning, zoning and land development as provided by law.
Ordinance No. 8130-09
Section 2. A referendum election is hereby called and will be held on March 9, 2010, at the
general city election for the consideration of the voters of the City of Clearwater for the proposed
charter amendments. The question to appear on the referendum ballot reflecting the proposed
amendment to the charter at the regular municipal election scheduled for March 9, 2010, shall be as
follows:
CHARTER AMENDMENT TO ALLOW INDEPENDENT AUDITORS TO SERVE MORE
THAN FIVE CONSECUTIVE YEARS
Shall Section 2.01 (c)3. of the City Charter be amended as provided in Ordinance No.
8130-09 to require a Request for Proposals process every five years to select an
independent auditor rather than a mandatory rotation of independent auditors every
five years?
YES
NO
Section 3. The City Clerk is directed to notify the Pine lias County Supervisor of Elections
that the referendum item provided above shall be considered at the election to be held on March 9,
2010.
Section 4. This ordinance shall take effect immediately upon adoption. The amendments
to the City Charter provided for herein shall take effect only upon approval of a majority of the City
electors voting at the referendum election on these issues and upon the filing of the Amended
Charter with the Secretary of State.
PASSED ON FIRST READING
AS AMENDED
December 3, 2009
PASSED ON SECOND AND FINAL
READING AND ADOPTED
December 17, 2009
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Frank V. Hibbard
Mayor
Approved as to form:
I!ml k~kin
City Attorney
Attest:
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Ordinance No. 8130-09