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03/11/2003CHARTER REVIEW COMMITTEE MEETING CITY OF CLEARWATER March 11, 2003 Present: Daniel Dennehy Chair Melody W. Figurski Vice Chair Katherine Elliott Cole Committee Member John Doran Committee Member Nicholas C. Fritsch Committee Member Timothy A. Johnson, Jr. Committee Member Jay F. Keyes Committee Member Jay Edwin Polglaze Committee Member Lawrence (Duke) Tieman Committee Member Absent: Thomas D. Calhoun Committee Member William Joe Fisher Committee Member Isay M. Gulley Committee Member Also Present: Pamela Akin City Attorney Cynthia E. Goudeau City Clerk Rosemarie Alfaro Administrative Analyst Brenda Moses Board Reporter The meeting was called to order at 4:31 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. The Chair said the minutes of the March 4, 2003, meeting would be voted upon at the next meeting. Item #2 - Form of Government The Chair suggested discussing the practical aspects of changing the form of government prior to philosophical aspects. It was noted that unless there was a compelling need to do so, it would be impractical to propose a change in form of government. It was remarked, the current form works better now than in previous years. It was remarked that in some cities when the number of council members was increased, it became more difficult to reach consensus and personality conflicts arose. It was felt that current staff is competent and Clearwater’s Commission is composed of Commissioners with leadership skills. a. Strong Mayor vs. Council-Manager It was felt that the five-member Commission works well in Clearwater. It was remarked that the information provided by Dr. MacManus appeared to be biased toward the Council-Manager form of government. After review of information from Dr. MacManus, it appears no one form of government is clearly better than another. It was felt that regardless of the form of government, the individuals serving on the Commission play a vital role in the City’s cohesiveness and success. b. Districts vs. At-large Dr. MacManus indicated it did not make a difference in representation in some cities when the form of government was changed to single-member districts. It was felt structure has not prevented minorities from being elected. Regardless of how districts were set up in Clearwater, a minority would never receive the majority vote in a district. As one committee member who felt strongly about districts was absent today, this topic could be further discussed at the next meeting. c. Length of Term It was felt that the first term of office is an acclimation period and that four-year terms would be more practical. Four-year terms also would provide more stability to the Commission, as three-year terms require a time-consuming reelection process, which could diminish a Commissioner’s focus. It was agreed Commission seats should be staggered to provide continuity. In response to a question, City Clerk Cyndie Goudeau said the Charter states that a Commissioner may run for and if elected serve for two full consecutive terms. The Commissioner could then run for and if elected serve two full terms as Mayor. However, the Mayor cannot run for a Commission seat for three years after his term as Mayor expires. City Attorney Pam Akin said if the committee wishes to change the length of terms, the Commissioners whose terms expire first would be affected by the change. The change would not apply to existing terms. Discussion ensued and it was suggested that if the committee decides to make a change with respect to length of terms, that staff provide options to the committee regarding implementation of the change. Member Johnson moved to recommend a Charter change that would include terms for the Mayor and Commissioners to be four years each, where two Commissioners are elected at a election, and two years later two Commissioners and a Mayor are elected, and that staff come back to the Charter Review Committee and present options to the Committee regarding implementation. The motion was duly seconded and carried unanimously. d. Term Limits Discussion ensued and it was felt abolition of term limits should not be recommended. Consensus was the Committee has carefully discussed and considered all the information provided by Dr. MacManus and has found no compelling reason to change the current form of government. In response to a question, Ms. Goudeau said years ago Commission seats were not designated and candidates “ran as a pack.” The public tended to vote for only one candidate and the system was changed to provide for better representation. It was remarked that there is no perfect system. In response to a question, Ms. Goudeau said the percentage of voter turnout in the City has ranged from 8% - 50%. In response to a suggestion turnout would improve if city elections were held in conjunction with State or Federal elections, she indicated the Supervisor of Elections had not allowed this with the previous election equipment because of space limitations on the ballot. Although the new equipment does not have those limitations there is concern local elections could lose importance and voters become overwhelmed with large ballots. Item #3 - Set Agenda for March 25 meeting It was requested that Section 2.01 Composition and Powers be discussed at the next meeting. Consensus was that no changes are necessary to Section 2.02 entitled Qualifications. Concern was expressed that Section 2.04 Compensation and Expenses is a sensitive area for the Commission, as it requires them to determine their own salary increases. It was remarked that by placing the responsibility on the Commission for their own salaries, salaries would remain reasonable. Ms. Akin said a salary study had been done and salaries were increased. Ms. Goudeau said Commissioners also receive an annual increase without a vote. The Chair stated that Sections 2.04 through 3.05 would be reviewed at the next meeting. A definition of “advisory board” and “regulatory board” was requested. Ms. Goudeau said the Community Development Board and the Municipal Code Enforcement Boards are the only regulatory boards that possess regulatory powers and whose members are appointed by the Commission. It was remarked that Section 2.08 states that all meetings shall be public. Ms. Akin said all meetings are public, except that a statutory exception provides that executive or closed bargaining sessions and meetings to discuss settlement of litigation are exempt from that provision. However, the decisions are made in public sessions. Ms. Akin requested that Committee members review Section 2.07(c) as it relates to filling vacancies in the Mayor’s seat to avoid problems that were experienced in other cities. It also was requested the time frame in which the Commission is required to make an appointment to fill a vacancy and the consequences of not doing so be reviewed. Item #4 – Adjourn The meeting adjourned at 5:36 p.m.