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04/22/2003CHARTER REVIEW COMMITTEE MEETING CITY OF CLEARWATER April 22, 2003 Present: Daniel Dennehy Chair Melody W. Figurski Vice Chair – arrived 4:36 p.m. John Doran Committee Member Jay Edwin Polglaze Committee Member William Joe Fisher Committee Member – arrived 4:36 p.m. Nicholas C. Fritsch Committee Member Isay M. Gulley Committee Member Thomas D. Calhoun Committee Member Timothy A. Johnson, Jr. Committee Member Jay F. Keyes Committee Member Absent: Katherine Elliott Cole Committee Member Lawrence (Duke) Tieman Committee Member Also Present: Pamela Akin City Attorney Mary K. Diana Assistant City Clerk Rosemarie Alfaro Administrative Analyst Brenda Moses 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 during an investigation for the purpose of inquiries and 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 commission 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 commissioners shall be made to and through the city manager. Nothing in the foregoing paragraph prohibits individual members of the council commission from asking questions about questioning and observing city operations so as to obtain independent information to assist them in the formulation of policy. 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. 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. 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 six three consecutive regular meetings of the commission……” and “A vacancy on the commission ….. within 30 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 by the Governor of Florida.” Subsection (c)2. Delete current language and renumber 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. “…shall be public, except as provided by law.” Consensus was to recommend the amendment. ITEM #6 - Section 2.09. Ordinances and resolutions in general 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 back for first reading. The City Attorney said the purpose for the new first reading is for the public to be on notice 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, recording and disposition of charter amendments, ordinances and resolutions In 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 amendments.” 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. Consensus was not to make any amendments to this section at this time. ITEM #8 - Section 3.01. City Manager 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 officer” 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; compensation 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 if so desired as part of due process, which allows an 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 manager 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 as may be otherwise 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 “Commission”, and “Commissioners”. 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 (l), Ms. Akin said there are statutory references to purchasing agent which she will research. ITEM #11 - Section 3.04. City Clerk It was suggested sentence two read “The city clerk or the “official representative designee 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 May 13 meeting Member Gulley said she would be unable to attend the May 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 meeting. ITEM #15 - Adjourn The meeting adjourned at 5:25 p.m.