Fort Walton Beach Council minutes — 09-16-08 workshop minutes - charter review — reading text

because of the substance of the ordinances and the issue regarding property rights with one ordinance a Comprehensive Plan change and one ordinance the Land Development Code, they were redone so if there was a complaint about the method the City had that would be addressed. She said those three votes were 3 to 1, basically there was not a full compliment of the Council, there was only a majority of the Council present and that is why they went back and each of those three ordinances have subsequently passed and, in her opinion, cause no problem at this time. She said since Jun(~2008 there may have been two votes that failed for lack of that majority of four Councilmen, with one relating to a fee and the other was not relevant to an ordinance that related to any kind of property rights. The City Attorney said , vhen she reviewed the entire body of law for this opinion for the Charter review, two things are m.ost evident. She said one, there should be no restraint on the exercise by Council of the Home Rule authority, and whenever they talk about Council and the governing body that should include all eight. She said the Charter does set out a fonn of government for the Mayor to be able to break a tie; it also says the Mayor has the same rights, responsibilities and duties as all the other Council. She said to her that puts the Mayor at the same level as an elected official as all seven of the Council members. She said by looking at the two provisions, the provision regarding the Mayor breaking a tie was adopted after the provision reflecting the vote of the whole body and the vote of the whole body is a restraint on Council' s power; that is why she believed they can change that by ordinance. She said that does not mean they have to change it to say anything different than what it now but she could not imagine why they would continue with an says inconsistency. She said if someone felt the Mayor should not have the break tie then right to a it needs to be put to referendum. She said if someone felt that is a reasonable interpretation of the Charter, then they would change it by ordinance basically to follow Robert' s Rules, which are already in place through ordinance as well as statutory law where they do have some of the requirements for either a vote of the entire governing body or a super majority. She said it is up to Council how they want to handle it and suggested it be addressed sooner than later, one way or the other.  285 Council Workshop 9- 16- 08 Section 6 and Section 8 cont. The City Attorney suggested the sentence in Section 8 " The affirmative vote of a majority of the members elected to the council shall be necessary to adopt any ordinance, resolution, order or vote, except that a vote to adjourn or regarding the attendance of absent members may be adopted by a majority of the members present" be deleted because they have adopted Robert' s Rules which sets out voting criteria, and some of the statutes have specific requirements under certain conditions. She said, as a legal opinion, she would like to present to Council on September 23rd a very simple ordinance for first reading that repeals that one line. Lee Bobo, 38 Memorial, referenced Section 4 of the Charter which states " Except as otherwise provided in this charter, all powers of the city shall be vested in a council of seven members, who shall be designated by a specific seat number and each of whom shall be elected by..." He referenced Section 6 which states the Mayor can break a tie and agreed there seems to be a conflict with Section 8 that says only Council can vote. He expressed his belief that Council should be the only people to vote and the Mayor should never vote because he was not an elected official who has the power to run the City, the Mayor is a functionary to meet and greet. The City Attorney pointed out Section 4 was adopted in 1981 after Section 6 in 1979, and Section 4 states " except as otherwise stated in this charter". She said it does make room for the Mayor to break a tie. She did not believe that is an uncommon charter provision and disagreed that the Mayor is not an elected official of the same elected manner as the other Council because the Mayor does, by Charter, have the same rights, duties and responsibilities as the other Council. Mr. Bobo commented that the Mayor does not participate in the discussion on any item then if the Mayor votes in a tie the audience does not have any idea on how the Mayor thinks. It was noted the Chair can take part in discussion but is encouraged not to, and if he breaks a tie he speaks to why he voted the way he did; that the Mayor still has the responsibility to be informed on all issues that come before Council in the event he has to vote to break a tie. Mr. Bobo stated he did not think that the Mayor should have the opportunity to decide an issue when that power is vested in the City Council. Discussion included comments that the informed citizen knows they are voting for a Mayor and not for a Mayor who has a vote; that the Charter says the powers are vested in the seven Council members; and it was suggested something be added that if there is a tie vote that it automatically comes back to Council as undecided rather than failed. Further comments included the real issue is conducting the City business in a timely manner; that the City business needs to move on and not to delay action; that the seven members of Council have the responsibility for the financial aspects of the City and the Mayor has his own role and mission in serving as Mayor; that some things are critical and need to be voted on in a timely fashion but everything is not critical; that it has been brought up in the past about absent members being able to vote long distance; that the seven members of Council are responsible for the fiscal function of the City; having the capability of casting a ballot via telephone and use of pass codes when individuals are absent for medical reasons or reasons beyond their control; that Robert' s Rules provides for debate following a motion to persuade others on the vote and the Chair does not know there is going to be a tie vote so the Chair does not lobby. It was questioned whether the Mayor is compelled to sign ordinances that are passed. The City Attorney said if the Mayor chose not to sign an ordinance it would still be effective. It was questioned whether the Mayor would be part of any litigation if he signed an ordinance but did not vote. The City Attorney replied yes, they act as a body and all eight are responsible for their actions. 286 Council Workshop 9- 16- 08 Section 6 and Section 8 (: ont. The City Attorney referenced the commentary in the Model City Charter which states " While the mayor of a council- manager city is not an executive as in the mayor- council form, he or she is uniquely positioned to be: the political and policy leader of the city. As the presiding officer of the council and ceremonial head of the city, the mayor is the most conspicuous official of the city. Freedom from executive responsibilities for the day-to- day municipal operations allows the mayor to focus attention on major policy issues and important facilitative activities." She said that is where the issue of the tie comes in because the Mayor is supposed to be a policy head under a council/manager form of government which is why it will require a referendum if they want to change it. It was noted the deletion of the sentence will also resolve the issue of motions failing when there is a 4 to 1 or 3 to 2 vote. Dean Covey, 270 Brooks Street, expressed resolutions or the Land Development Code should have a majority of Council vote on it and disagreed with having an issue, such as a resolution on fees or taxes or the Land Development Code which will affect everyone, decided on a 4 to 1 or 3 to 2 vote. The City Attorney explained that those issues will still be addressed because at any time the entire Council can compel the attendance of the members and likewise of them can table an issue anyone until someone else in and is present. She said Council has complete control over the com~~ s deliberations within the body which is by Robert' s Rules and not necessarily set out in the Charter. The City Attorney will bring forward an ordinance for Council consideration. Meetines start time The City Manager recalled with regard to the starting time of the Council