5762-95 ORDINANCE ANC 110, 5762-95
.. AN OR .a.NP?A'a CE. 4.FF THE C1 1"Y . OF C LS:G's "-S.W1'kTJGR,
FLORIDA, SUa. �ITTIT,iG TC THE CITY ELECTORS S
PROPOSED AMENDMENT TO THE CITY CHARTER;
AMENDING ARTICLE Iii' "O- PROVIDE ' FOR THE
APPOINTMENT OF LEGAL DEPARTMENT STAFF BY T14E
rTTY rr'TC3RNEY PROVIDE THAT THE CITY ATTORNEY
.SHALT ESTABLISH THE SALARIES OF .ASSIST NT CITY
ATT'OR KEYS PROVIDE CONSISTENCY IN THE MANNER
OF REMOVING THE CITY ANAGER Al D THE CITY
ATTORN3 Y; RE 3IRE' FHE CITY ATTORNEY O LIVE IN'
THE; CI'.'Y OF CLEARWATER; PROVIDING FOR
REFERENDUM ELECTION;IO PROVIDING IDI G FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY" COMMISSION OF THE
CITY OF' CT:E RWArT"ER, FLORIDA:
Section 1 . It is :hereby proposed that Section 4`. 02 of the
City Charter be amended as follows
Sec 4 . 02 . C1111itly attorney, legal department.
There shall be a legal department, headed by the city attorney,
operating under 't he 'authority of and responsible to the commission ,
'the Iega'1 de artment shall consist of the city attorney, asm�istant
city attorneys, #4,7hen appointed and authorized by the comml 2.o� ,
and such other staf ff -r � s t - eg: ap h
pe-rsenne a,s the commission may d1rect .
Section 2 . It is hereby proposed that Section 4 . 03 of the
City Charter be amended as follows
Sec 4 . D3 . Citjr attorney, appointmutent, removal, pe pation
qualifications and duties.
(a
_ ry
The ;�.�a.er attorney. .ha1_�_ be appointed by the af..:ii^mati va
vote o:l:.. .four C.ommais: ion members.. The
bean of fir a % vote_of four commission members or h-v � ma _gr ty
of the commiss i at two separate
meetings held at least two weeks apart .
- - Upon request by the city attorney a public hearing will
be held: prn.or to a vote to remove the city attorney. The city
attorney shall be a qualifiled attorney at law, admitted and
currently eligible to practice before all of the courts of the
State of Florida and the appropriate U. S . District Court ; and shall
be a merber in good standing of the Florida Bar. The city attorney,
eed,�nte a�?° sident o the c tv or stagy 3�e � me of
of t xex�t but shall establ-ish residency within the cite it-hix
oh.e year of the at)Do�:nt ent
(b) The city attorney shall act as the legal advisor
to the commission, the city manager and l.]. city departments,
offices and agencies . When required. to do so by the comvm ssio-n,,
the city attorney shall_ prosecute or defend, can behalf of the city,
all complaints, suits and controversies in which the city , is a
past °; and shall. ', re-Pare or review and approve as to fora and legal
sufficiency all contracts,,bonds and other instruments t:ruments to .which the
city is a party. The city attorney shall perform such other duties
as may be directed by the city commission or the laws of Florida.
(c) By letter, filed with the- commission, the 'city attorney
shall: designate one or more assistant city attorneys to perform the
duties of City attorney during his temporary absence or disability.
The aforementioned designation shall he limited to a period. : of 60
days t the exp:i.ra:ion of this time, the commission` shall appoint
an ix�terw � or ne=or city attorney in accordance with the provisions
f the charter.
d? :tee com an tine of the city attg M_Z shall be _.f xed bar a
.aiority of all the 'commission members .
Section 3 , It is hereby proposed that Section 4 . 04 (a) of the '
City Charter be amended as follows
Seca 4.04 . Assistant anty attorneys, special counsel .
(a, The city attorney shall appoint as many assistant city
attorneys as author_Lzed by the city commission C �n�atiora for
. the assistant citv att 'rrae s shail be established th city
attorney and _an-oroyed by the commission.
Section 4 . Tt is hereby proposed that Section. 4 . 05 of the
Ci v Charter be repealed.
Section 5 . ;N referendum election is hereby called and will he
held on, March 14, 1995 ; at the general city election. for the
cons iderar:ion by the voters of the City of Clearwater of the
proposed: Charter amendments . The questions to appear can the
referendum: ballot reflecting the proposed amendments to the Charter
at the regular city election scheduled for March 14 , 1995 , shall he
as follows :
LEGAL DEPARTMENT
Shall ;erections 4 . 022 and 4 . 04 of the City Charter be
amended as provided in Ordinance -:70-2-95 to allow for the
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appointment of staff by the city attorney 1: boon they
approval of the commi.ss ion and to allow assistant cis''
attorney' s salaries -to be established by the citl
attorney with. the approval of the commission?
ES w �. For amendmFent, to City Charter
G - Against amendment to City Charter
CITY ATTORNEY
Shall Section 4 . 03 of the City Charter be amended and
Section . 3 e repealed as provided in Ordinance 5762-- 5
:� require the City .ttorney to �!i;re in Clearwater and to
regaire an of fi.rma.tiv�e gate of four �ommiss��n me ��e�s at
one meeting or a majority of the commissioners at two
meetings at least two weeks apart to remove the city
attorney
YES - For amendment to City Charter
NO Against amendment to City Charter
Section 'S S . The City Cleric is directed to notify the Pinellas
County St pervisor of Elections that the referendum ,item provided
above' shall be considered at the election to be 'held on March 14 "
Section 6 . This ordinance shall take effect immediately upon
a o t-on. The amendment to the City Charter provided for herein,
shall tare effects only upon approval of a majority of the City
electors voting at the referendum election on t1heSe anal ,,,:.o
the filing of the Amended. Charter with the Secretary of State
PASSED ON FIRST READING January_ 1995
PASSED ON SECOND AND FINAL
READING AND ADOPTED January [2. 1995
`�—
�E a Garvey
Mayor- -
Mayor-Commissioner
Attest
Cynthia E. Goadeau
Cit't� Clerk
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