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05/08/2001CITY COMMISSION SPECIAL WORKSESSION CITY OF CLEARWATER Commission Roles and Responsibilities May 8, 2001 Present: Brian J. Aungst Mayor/Commissioner Ed Hart Vice-Mayor/Commissioner Whitney Gray Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner – departed 12:01 p.m. Also present: William B. Horne II Interim City Manager Garry Brumback Assistant City Manager – departed 11:30 a.m. Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The meeting was called to order at 9:00 a.m. at the Harborview Center. Introductions AND Overview of the Council-Manager Form of Government History, Purpose, Structural Variations, Issues, Etc. - Dr. Lance deHaven-Smith AND Questions re Presentation AND Facilitated Discussion of Common Questions and Issues about Council-Manager Government AND Special Characteristics of the Clearwater Charter Dr. Lance deHaven-Smith, of Florida State University, said the City has a traditional form of government, with a council and manager. Normally, elected officials in this type of government are referred to as City Council members. He said friction between the Council and City Manager, devised to depoliticize the system, can be dynamic. Council members represent electoral majorities while the City Manager represents the City as a whole. He said the resulting tensions are good. Approximately 5% of those, who are eligible, vote in local elections. Voter participation is based on the intensity of personal concerns. Increasing administrative requirements, established by State and Federal mandate, generate tensions as they restrict the City Manager’s flexibility in responding to resident issues and Council concerns. Dr. deHaven-Smith reviewed the history of different types of government. In the commission form of government, common in Northeastern states, commissioners are department heads who operate collegially and share power. Clearwater’s government has a council and weak mayor, who share collegial power. In the past 20 years, this form of government has become most common in the country and Florida. The mayor’s position, while viewed by the community as most powerful, is “weak” as it cannot initiate or second motions nor veto actions. Citizens cannot promote change by limiting advocacy to one council member. The council’s main function is policymaking and hiring a City Manager, who handles all administrative issues. The City Manager is the council members’ only point of contact with the administrative system. Dr. deHaven-Smith said most cities with Clearwater’s type of government are mid-size. Clearwater is larger than most cities with a council/manager government. He said a large population creates pressures not found in small towns. The government was designed for a smaller population, which has grown from 20,000 to more than 100,000 since 1950. The system is not designed for one person to marshal resources to address a concern. Council members cannot make direct commands to City staff. The City’s two major voting blocks represent working or upper class citizens. The swing groups, which fluctuate between issues supported by the voting blocks, influence both blocks. As this form of government is more responsive to squeaky wheels, its focus bounces from issue to issue, such as the environment, education, economy, crime, public facilities, etc. Meanwhile, the City Manager position is difficult as it must consider the abstract needs of all citizens while balancing City Commission priorities and obtaining member policy direction. While the City’s form of government is designed to limit the power of special interests, it must make efforts to increase citizen participation in visioning and community building exercises. The changing local demographics must be considered to include the increasing Hispanic population. Dr. deHaven-Smith said the City Charter places limits on council powers by requiring non partisan elections and term limits. He said the term limit restrictions seem to have been added as an after thought and are difficult to rescind. He said term limit restrictions have been a disaster everywhere as they disallow the development of experienced leaders. He said once council members thoroughly understand the system, it is time for them to leave. He said the requirements for a 4:1 vote to hire or fire the City Manager or hire the City Attorney is unusual. He indicated other cities have had problems with requiring only a 3:2 vote to fire the City Attorney when council members shop for opinions. Dr. deHaven-Smith said the City Attorney’s position also can be conflicted as the City Attorney advises the administration and City Commission, which can at times have opposing interests. The Charter requires the City Commission to annually evaluate the City Manager and City Attorney, review an annual audit, regulate comprehensive planning, zoning, and land development, and adopt a fiscal management system, not approve each line item. In response to a question, Dr. deHaven-Smith said a fiscal management system would include budget requirements such as a CIP. It was indicated the City Commission must set the annual millage rate. Concern was expressed Charter purchasing requirements range from vague to significant detail. Dr. deHaven-Smith said while the Charter must be reviewed every five years, it can be reviewed more often. He suggested the City Commission be referred to as the City Council, a more representative title. He opposed council approval of department head appointments. Dr. deHaven-Smith cautioned Commissioners against exceeding their official duties. While provided sovereign immunity when performing official duties, council members are personally responsible for all of their other actions. He said council members normally do not discuss the performance of individual staff members with the City Manager. Dr. deHaven-Smith said according to the Charter, the City Manager can reorganize the City with City Commission approval. The City Manager speaks at meetings, submits an annual budget, keeps council members apprised of current activities, submits reports, makes recommendations, and expects feedback. The Charter has non interference clauses prohibiting City Commissioners from dictating the appointment or removal of any administrative officer or employee. He said City Commission orders to staff should go through the City Manager. He noted it is a big deal when a City Commissioner calls an individual staff member for reasons other than related to inquiries or investigations. The Charter vests all legislative power with the City Commission. An action is valid or binding only when adopted by the majority. Commission direction to the City Manager should be clarified by a vote. He encouraged the City Manager to request a vote to avoid misunderstandings. The Charter is designed to keep the Commission focused on City policy. While the Mayor is elected separately, the position has no special powers except to run meetings. No Commissioner possesses isolated power. Commissioners are restricted by limited access to staff and City government. As the only link between City Commissioners, the City Manager has an information advantage. The City Manager can address concerns with individual City Commissioners. Unless the City Manager keeps each Commissioner equally informed, feelings of favoritism and other problems will result. He said it is important for City Commissioners to speak up if they feel they are not receiving proper notification or question why certain items appear on the Agenda. In response to a question, Dr. deHaven-Smith suggested Commissioners raise issues they wish to appear on future agendas during “Other Commission Action,” when other members can indicate if they share an interest in those issues. It was indicated Commissioners can address issues of concern by forwarding a memorandum through the City Manager to all Commission members. Dr. deHaven-Smith said the City Commission runs the City through its policies. He warned against the impulse to be detailed and direct. The City Manager choice for City Clerk is confirmed by the City Commission. The City Clerk position can be touchy as it supports the City Commission directly. He said the City Clerk is an excellent information resource. Commissioners can contact the City Clerk with questions but cannot order City Clerk action, such as adding items to an agenda. In response to a question, he warned against significant problems that can occur when cities require the City Clerk to report directly to the City Commission. The meeting recessed from 10:34 to 10:44 a.m. Facilitated Discussion of Roles and Responsibilities a) Mayor and Council Members in relation to Council AND b) The Council in relation to City Manager AND c) The Council in relation to other staff AND d) The City Manager in relation to individual council members The Interim City Manager referred to his recent conflict with Commissioner Hart regarding the Commissioner’s desire to attend meetings between beach developers and staff. The City Attorney had expressed concerns regarding Sunshine Law issues if more than one Commissioner attends these meetings. Commissioner Hart felt he would learn more by attending developer presentations to staff, listening to the consultant’s input, and observing staff reaction. The City Attorney said the meeting was not open to the public. Dr. deHaven-Smith said the Charter allows Commissioners to attend staff meetings. If the attendance of more than one Commissioner is anticipated, he said the meeting would have to be noticed. The City Attorney said the Attorney General had expressed concerns regarding this matter but did not issue a formal opinion. She said difficulties would result if non-essential staff meetings must be formalized. The Interim City Manager said the City Commission had empowered staff to negotiate with the developers as representatives of the City. The previous City Commission was silent on the issue of individual Commission attendance at staff meetings. The Interim City Manager said Commissioner Hart previously had requested to attend staff budget meetings. He felt Commissioner attendance at staff meetings infringes on his role as City Manager. He said the presence of a Commissioner at a staff meeting impacts on staff reactions and inhibits staff input. He said the Charter allows Commissioner attendance at staff meetings only in relationship to policy issues. He felt Commissioner attendance at these meetings was inappropriate. Dr. deHaven-Smith said while a Commissioner may have the legal right to attend all staff meetings, as a political matter, such attendance may not be a good idea. He agreed the presence of a Commissioner at a staff meeting distorts discussion. He expressed concern Commissioner attendance would result in an information disadvantage for other Commissioners. He said Commissioner attendance at staff meetings is not a normal procedure and could spark conflict among City Commission members. The Mayor expressed concern the practice could result in the public and press attending staff meetings when delicate issues are discussed. He said numerous information sources exist and that staff is available to answer Commissioner questions at all Work Sessions. He expressed concern other Commissioners would feel obligated to attend meetings, if one Commissioner attends. He stated council members in nearby cities do not attend staff meetings. Commissioner Hart said the Attorney General had indicated he had the right to attend any staff meeting to observe, not participate. Commissioner Hart suggested if two Commissioners are at the same meeting, one could leave. He said the Charter does not prohibit Commissioner attendance at staff meetings. He said individual council members in nearby cities do attend staff meetings. He said procedures can be established so that the Sunshine Law is not violated. He said more than one Commissioner could attend as observers, as long as no discussion between them occurs. The City Attorney said to address concerns related to this issue, many school boards have passed rules prohibiting school board member attendance at staff meetings. She expressed concern Commissioner attendance at staff budget meetings could interfere with the City Manager’s ability to meet the Charter requirement to prepare and present the City Commission with a budget. She said when developing the budget, staff needs an environment where they can present issues and raise questions freely. Dr. deHaven-Smith urged the Commission to consider the spirit of the Charter, which intends to separate the Commission from City administration. He suggested Commissioner attendance could be disruptive to staff meetings and cause conflict with other City Commission members. Commissioner Hart said the City Manager decides what issues to bring to the City Commission. He expressed concern Commissioners cannot make educated decisions regarding the use of significant sums of money if they are presented only a partial picture of an issue. He said he is trying to reestablish the City Commission’s position in the evaluation process. It was noted the Charter states the City Manager will submit a budget to the City Commission. Commissioner Hart said staff had indicated previously that funds were not available to open the Countryside library branch on Sundays until a citizen petition was submitted. He said he was unaware the issue was being brought forward. The Mayor said Commission members can discuss these types of issues during Work Sessions and also can address individual concerns via memorandum through the City Manager. He said the City Commission had decided to limit the number of budget meetings. It was suggested Commission direction to the City Manager should be via consensus instead of formal vote. Concern was expressed the practice of asking department heads to discuss budget items previously cut by the City Manager, pits staff against the City Manager. Dr. deHaven-Smith said that practice would be disruptive, as it would undermine the City Manager’s authority and encourage staff to petition individual Commission members for support. He said it is important that government runs smoothly and that the City Commission and City Manager work together. He recommended meetings be well organized, that decisions be clear, and that rancor be avoided. He recommended City Commission members respectfully consider each other’s concerns. The Mayor felt City Commissioners could attend staff meetings periodically. He expressed concern Commissioner Hart had wanted to attend a series of staff meetings and that Commissioner presence would curtail discussion. Dr. deHaven-Smith said it is important for Commissioners to be cognizant of the wishes of other Commission members. Commissioner Hart said he felt he was being responsible. He said staff and City consultants were addressing a myriad of issues. He denied wanting to attend every meeting. The Interim City Manager said this workshop provides an opportunity to resolve this conflict and other issues. He said he will be responsive to concerns of the new City Commission. He is not trying to hide information nor impede City Commissioners from their Charter responsibilities. In response to a question, Assistant City Manager Garry Brumback said staff’s recommendations are based on professional research and opinion. It was noted the Interim City Manager is in a difficult position. Dr. deHaven-Smith suggested a City Manager cannot be too rigid and must assert one’s leadership. He expressed concern Commission members not undermine the City Manager by attempting to micro-manage issues. He recommended City Commissioners focus on big issues, such as developing a relationship with the County regarding downtown development issues. Dr. deHaven-Smith recommended Commissioners question the City Manager if they feel issues are not being addressed. Commissioners may want to provide more formal and specific direction to the City Manager such as questioning the implications of a certain decision, requesting information on resulting sacrifices, asking for options, etc. He encouraged Commissioners to ask questions to clarify group decisions. Discussion ensued regarding decisions made by previous City Commissions that affect current policy. Dr. deHaven-Smith said the City Commission has the right to reconsider earlier decisions and revisit major capital projects. Commission members can request information from the City Manager related to the CIP budget and funding levels. Concern was expressed Commissioner contact with other government officials could result in negotiations independent from City Manager efforts. Dr. deHaven-Smith said Commissioners serve on boards as delegated representatives and can discuss issues with other government officials. When voting, Commissioners are obligated to represent the direction of the Commission majority but can express personal views. He said Commissioners must be clear when they do not speak on behalf of the City. When negotiating, Commissioners must indicate that the entire Commission must approve all decisions. He encouraged Commissioners to advise the City Manager immediately regarding any negotiations underway. In response to a question, he said if a Commissioner does not represent the Commission’s view when acting as a delegated representative, the Commission can replace the representative and/or vote on a censure resolution. However, the Commission cannot withdraw the disputed vote. To achieve Commission goals, it was recommended the City Commission team with the City Attorney, City Manager, and City Clerk. Dr. deHaven-Smith agreed everyone must work together to be successful. He recommended coordinating efforts so that different Commissioners do not advance conflicting projects to representatives of the same governmental body. He stressed the importance of diplomacy. Concern was expressed staff had not discussed with the City Commission for more than two years the County’s plan to construct a six-lane extension of Keene Road through a Clearwater neighborhood. With residents upset about the plan, it was felt a response by the City Commission now is too late. Dr. deHaven-Smith said the City Commission must depend on the City Manager to bring forward information. It was stated the Commission needs periodic updates related to MPO (Metropolitan Planning Agency) plans for City roads and other issues. In response to concerns, Dr. deHaven-Smith recommended Commissioners report to the City Manager regarding issues discussed at board meetings where they act as delegated representatives. He said it is important that City Commission members communicate with the City Manager and not dictate staff action. He reiterated his recommendation that votes be taken to reaffirm important City Commission direction to the City Manager. Dr. deHaven-Smith suggested the City Commission may want to take a position regarding Commissioner attendance at staff meetings. Dr. deHaven-Smith recommended Commissioners respect group opinions. He said rules of procedure must be clear so no ambiguity exists. He said communication through the City Manager must be explicit. He recommended the City Commission advise the City Manager what is expected to create harmony. Dr. deHaven-Smith said all Commissioners technically have the same power although the Mayor is charged with the responsibility to sign documents, accept sub poenas, and run meetings. The Mayor felt his role is to build consensus. In response to a question, the Mayor stated the Commission does not make or second motions until after discussion to allow citizens an opportunity to express their opinions and concerns. City Clerk Cyndie Goudeau indicated Commission rules allow discussion and questions before a motion is made but forbid the Mayor from handing off the gavel in order to make a motion. Dr. deHaven-Smith said too much formality can be a disadvantage. He said the Mayor should entertain all member motions. Commissioners can stop the Mayor from continuing discussion by calling a Point of Order and making a motion. Discussion of next steps A meeting will be scheduled for the City Commission to review and update Commission rules. Adjourn The meeting adjourned at 12:08 p.m.