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

meetings the question on the floor was whether or not it was a Charter provision. She said it is not a Charter provision so if Council wished to address a start time she believed that would be an ordinance to modify the start time and an action item from Council 'would be needed if that is what desire. they Mr. Minich stated he would like an ordinance brought forward for debate and believed the meetings should start earlier at 6: 00 p. m. The City Attorney suggested the ordinance also address the cancellation of meetings. Ray Seip, 121 Nebraska .Avenue, commented the old ordinance said no meetings will start before 5: 30 and the new ordinance of the Land Development Code says they will not start any meetings before 5: 30 p. m. Section 4A Limit on nURtber of terms for city council It was noted the Charter has term limits for Council but not for the City Mayor. The City Attorney advised any change to this Section would require a referendum. No further action on this section. Section 5 Reeular and sJ)lecial meetines of Council The only action to be taken on Section 5 will be an ordinance regarding the meetings times and cancellation of meetings.  287 Council Workshop 9- 16- 08 Section 15 Removal of officers and emplovees" civil service emplovees" procedure The City Manager recalled previous discussion was about the reference to civil service since the City does not have a civil service board and has a grievance procedure. The City Attorney stated the second sentence " In case the employee is a member of civil service by reason of the provisions of any ordinance providing therefore, the procedure for removal shall be as provided in such ordinance" can be deleted by ordinance. The Mayor questioned whether the changes can be done in one ordinance or whether it will be individual ordinances. The City Attorney suggested Council address Section 8 now and then give her a couple of weeks to put the rest in one ordinance. Section 16 Council not to interfere in appointments or removals" violation a misdemeanor" forfeiture of office The City Attorney advised a referendum would be required for any change to this Section as it would be a change of the governmental form because the City has a City Manager/ City Council form of government. She mentioned another issue throughout the Charter is reference to officers. She said the only people called officers, the rest are the elected officials the Council and Mayor, the employees and department directors. She said the bottom line is the City Manager has control over any of the people who are not the four Charter Officers and the elected officials. She noted there is also an issue in the Charter about the fact that the Department Heads may not have any recourse because the person they would address any grievance regarding the City Manager would be the Human Resources Director, one of the Department Directors. She said if Council wished to change this Section it would require a referendum. It was commented that the Charter Officers' employees do not work for them and they do not have control over their employees; that the Charter Officers should have control over the employees that work under them. The City Attorney stated in her interpretation of the Charter they would rely on Section 53 along with the issues regarding the City Manager. She noted Section 53 discusses the City Council shall appoint the City Clerk, the City Attorney, the Finance Director and the recorder, all other appointed officers and employees shall be appointed by the City Manager. She said that is where there is the directive that the City Manager appoints them. She said if Council wants to change that she believed Section 53 can be changed by ordinance, but the issue is there is a question whether or not that would, in some way, change the form of government. It was commented that Council tries to give autonomy to the Charter Officers but if their employees do not work for them they have no authority; that the Council should hire one person, the City Manager, and everyone works for the City Manager except for the City Attorney who is a contracted officer; that the person who runs the City should hire the employees. The City Manager explained ultimately the City Manager is responsible for all the hiring and firing, the Department Directors, aside from the City Clerk and Finance Director, recommend who they want to hire and fire. She could not think of a time she did not agree with their recommendations. 288 Council Workshop 9- 16- 08 Section 20 Departments to be supervised bv a director The City Manager recalled there was discussion on the verbiage that there shall be a director of each department and whether or not a manager could be a department head. It was commented it does not make a difference, it is just a matter of consistency throughout, and it has not produced any problems. There will be no further al~tion on this section. Section 53 City officers" appointment and compensation Discussion ensued an exchange of views that the Finance Director should work directly for the City Manager since the City ]\1anager works closely with the budget and finance; that there are enough checks and balances that the City is safe with enough safeguards for accounting purposes; with the day-to- day operations and span of control that position needs to be under the City Manager; that the City Clerk should not be under the City Manager because the City Clerk is the direct liaison with the City Council; the City Attorney should be kept as an independent Charter Officer; that the Finance Officer should be hired and fired and work directly for the City Manager; that the Charter appears to work in the past and keep it the way it is, need some type of control and balances; issue is the span of control; time for the structure to change to reflect the current day-to- day operations; it makes more managerial sense to have the finance position under City Manager; and the recorder position was unknown. The Mayor noted the City Attorney gave the opinion that Section 53 can be changed by ordinance. He suggested an ordinance be prepared with updated language and to address the recorder, then debate can continue and Council can make amendments. Kabe Woods, 240 Brooks Street, voiced support of the idea of the Finance Director working directly under the City Manager, and suggested Council consider having an Internal Audit function that the Management Advisory Group recommended as it is a very useful tool. RECAP The City Manager recapp1ed what she believed she heard regarding action items: 1) The City Attorney will bring forward on September 23rd an ordinance to change the provision about voting in Section 8 2) At another time bring forward an item regarding the start times and number of meetings. 3) Remove civil service provision, the archaic language in Section 15. 4) Bring forward an ordinance to amend Section 53 to remove the recorder position and to change that reporting relationship 5) Bring forward an item, on the filing fee and the canvassing board language in Section 60 ( b) & ( e). ADJOURNMENT Being no further business, the meeting adjourned at 6: 55 p. m. APPROVED: ATTEST: MAYOR: CITY CLERK ddm