03/08/2023 Charter Review Committee Meeting Minutes March 8, 2023
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Wednesday, March 8, 2023
4:00 PM
Main Library - 2nd Floor Board Room
Charter Review Committee
Page 1
City of Clearwater
Charter Review Committee Meeting Minutes March 8, 2023
Rollcall
Present:10 - Gladys Andrews, Bill Jonson, Travis Norton, Nathan Hightower, Mike
Riordon, Karen Cunningham, Patricia Rodriguez, Cory Chase, Ryan
Cotton and Kathy Milam
Absent: 1 - Jonathan Wade
Also Present: — David Margolis — City Attorney and Rosemarie Call — City Clerk
1. Call to Order— Chair Hightower
The meeting was called to order at 4:00 p.m.
2. Approval of Minutes
2.1 Approve the minutes of the February 22, 2023 Charter Review Committee meeting as
submitted in written summation by the City Clerk.
Committee Member Cunningham moved to approve the minutes of the
February 22, 2023 Charter Review Committee meeting as
submitted in written summation by the City Clerk. The motion was duly
seconded and carried unanimously.
3. New Business
3.1 Adopt Rules of Procedure.
In response to questions, the City Clerk said the draft rules provided to
the Committee were the same rules the past Committee used. Holding a
meeting on June 28 will not be an issue.
Discussion ensued regarding acknowledging comments submitted in
writing with concerns expressed individuals may submit documents and
expect the Committee to take action on the matter right then. It was
suggested the Committee could acknowledge the written comments and
decide if action will be taken or agenda the matter to the next meeting.
Committee Member Rodriguez moved to approve the Rules of
Procedure as presented and amend Rule 8, as follows: "3) Members of
the public are invited to share written comments prior to any committee
meeting. Comments so received shall be distributed to all committee
members. During committee meetings, the committee as a whole will
Page 2
City of Clearwater
Charter Review Committee Meeting Minutes March 8, 2023
acknowledge comments received in writing." The motion was duly
seconded and carried unanimously.
3.2 Begin reviewing the city charter.
The City Attorney reviewed each section of the city charter, skipping those
sections that are found in state law or there is a state law process
that governs it. He said there are provisions in the charter that are redundant
or duplicative of state law or cannot be amended because the City is
preempted by the State.
Discussion ensued regarding the number of absences allowed for
councilmembers. Comments were made that the council meeting
schedule is set and individuals interested in running for office will not if
they are unable to attend meetings. A comment was made that Section
2.07(b)4 sets a 25% absence threshold of regular meetings during a
12-month period.
In response to questions, the City Attorney said the charter states the
Council, as a body, meets at least once per month. Beyond that
requirement, the attendance at meetings is self-policed. In order to hold a
meeting, a quorum of three councilmembers is needed. The charter does
not include a provision that requires a councilmember to attend a specific
number of meetings. The charter includes a forfeiture of office provision;
where a councilmember fails to attend six consecutive meetings of council,
unless the absence is excused. He said, in the absence of a specific
provision in the charter or ordinance, the Mayor has the authority to excuse
an absence. He has advised Council that because no formal vote can be
taken at a work session, the Mayor can decide if a councilmember can
participate remotely. The City Clerk said when there was a potential absence
issue, the former city attorney spoke with the councilmember regarding their
attendance at council meetings.
Committee Member Trish Rodriguez moved to amend Section 2.07(b)3
as follows: "Fails to attend three six consecutive
regular council meetings of the ^^u , unless such absence is
excused by the council." The motion was duly seconded and
carried with the following vote:
Ayes:9 - Committee Member Andrews, Committee Member Jonson,
Committee Member Hightower, Committee Member Riordon,
Committee Member Cunningham, Committee Member Rodriguez,
Page 3
City of Clearwater
Charter Review Committee
Meeting Minutes March 8, 2023
Committee Member Chase, Committee Member Cotton and
Committee Member Milam
Nays:1 - Committee Member Norton
In response to questions, the City Attorney said the Committee could
discuss adding a provision to the city charter requiring the city manager
to present an annual strategic plan. He said his role as the city attorney is
not to inject personal philosophy but advise what is legal and what is
illegal. The City Council has rules; some govern themselves and some
are administrative that do not have the enforceability of law. He said the
administrative regulations are policies that an employer would have. The
administrative rules affect the city manager, providing administration
feedback on matters such as the investment policy and foreclosure
decisions. The City Attorney said the mechanism to change the city
charter is set in state law.
It was suggested that a discussion on strategic direction be scheduled for
a future meeting. Discussion ensued regarding potential topics for review
with consensus for Committee Members to provide the City Clerk a list of
topics they wish to discuss by Monday, March 20, 2023. Staff was
directed to provide the Committee a map depicting city boundaries and
census information. It was suggested having a presentation on governance
process be considered for a future meeting.
4. Citizens to be heard regarding items not on the agenda — None.
5. Adjournment
The meeting adjourned at 5:27 p.m.
Page 4
City of Clearwater
Chair, Charter Riew Committee