03/13/2019 CHARTER REVIEW COMMITTEE MEETING
CITY OF CLEARWATER
MARCH 13, 2019
Present: Michael R. Mannino Chair
Darryl James Henderson Vice Chair
Richard Adelson Committee Member
Kathleen Agnew Committee Member
Michael D. Anderson Committee Member
Marilyn Kagan Committee Member
Kelly S. Kelly Committee Member
David Lillesand Committee Member
Mike Riordon Committee Member
Sean Schrader Committee Member
Absent: Marita M. Lynch Committee Member
Bruce Rector Committee Member
Becca Tieder Committee Member
Also Present: Pamela Akin City Attorney
Rosemarie Call City Clerk
Nicole Sprague ORLS Coordinator
The meeting was called to order at 4:30 p.m. at the Clearwater Main Library, 2nd Floor
Conference Room.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
2. Approval of Minutes
2.1 Approve the minutes of the March 13, 2019 Charter Review Committee Meeting as
submitted in written summation by the City Clerk.
Vice Chair Member Henderson moved to approve the minutes of the March 13, 2019
Charter Review Committee meeting. The motion was duly seconded and carried unanimously.
3. Citizens to be heard regarding items not on the agenda.
Lisa Lanza requested clarification on the public comment rule in the committee's rules
and regulations. She expressed a concern regarding ballot questions not detailed enough for
voters and suggested that ordinances be posted in full.
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Bill Jonson said regarding performance evaluations, Council should work on
collaboration toward priorities. Jacksonville has an ethics provision in their charter. He said the
City Manager's annual report is due in September but the Fiscal Year does not end until the end
of September, so moving the reporting period to October or November might be something to
consider. He said he supports continuing education for Councilmembers.
4. New Business
4.1 Continue review of the city charter.
In regards to Section 3.02, the City Attorney said there is not a written job description for
the City Manager; Council sets qualifications and would determine if a person is qualified by
interview. She said the charter does not define a chief administrative officer or a chief executive
officer. If Council votes to terminate the City Manager, the City Manager may ask for a public
hearing in lieu of an appeal. In most cities, the City Manager and City Attorney work at the
pleasure of Council.
Discussion ensued with comment made that a City Manager can speak with Council one
on one; if a Councilmember is unhappy with the City Manager, it can be discussed privately.
The City Attorney said an individual cannot act as a conduit between council.
In response to a question regarding Section 4.01, the City Attorney said she is not sure
why the charter says only one vote is needed by Council to terminate the City Attorney; a
previous amendment to change that language did not pass. She commented that Council
should have the right to obtain new legal counsel without a lengthy process.
In regards to Section 6.05, the City Attorney said 10% of registered voter signatures is
required for an initiative or referendum petition. She said she knew of one instance where this
has been done in the City, it was the sign code.
In regards to Section 6.09, the City Attorney said if there are conflicting ordinances on
the same issue on the same ballot, the ordinance with the higher number of votes prevails.
In regards to Section 7.02, the City Attorney said ten years is a common review period.
Extending the review period has been on several ballots and it never passes. In response to a
question, the City Clerk said she would find out where on the 2016 ballot the question was
placed. Comment was made that voter fatigue may have contributed to the question not
passing. The City Attorney suggested reviewing the County's ballot language regarding the
issue.
In regards to Section 8.03, the City Attorney said the committee may want to consider
changing the language to reflect state law, which must be followed regardless.
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In regards to Section 8.05, the City Clerk said nineteen Pinellas County municipalities
hold elections in March and the Supervisor of Elections office would have a hard time
supporting a run -off election.
4.2 Review Section 2.01(d)(6) — Real Property.
Discussion was deferred to the next meeting.
4.3 Set agenda for next meeting.
The City Clerk said the committee will start with Section 2.01. The City Attorney said if
time permits, the committee can discuss the City Manager and City Attorney evaluations. In
response to questions, the City Attorney said Tampa and St. Petersburg have a Strong Mayor
form of government and their review process would be different as Council does not evaluate
the Mayor or City Attorney. The City Attorney said that the City Manager submits an evaluation
form from ICMA, but most Councilmembers don't use it.
5. Adjournment
The meeting was adjourned at 6:05 p.m.
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