Fort Walton Beach Council agenda — 04-15-08 workshop agenda - charter review — reading text

CITY OF FORT WALTON BEACH City Council Workshop Meeting Agenda - April 15, 2008 - 5:30 P.M. City Council Chambers 107 Miracle Strip Parkway, SE Fort Walton Beach, FL 32548 CALL TO ORDER PLEDGE OF ALLEGIANCE Mayor Anderson APPROVAL OF AGENDA WORKSHOP AGENDA 1. Charter Review: Title IV. Finance Procedures City Manager) ( See Backup) ( A copy of the National Civic League publication "Model City Charter" is available in the City Clerk' s office for review) ADJOURN Any person who decides to appeal any decision made with respect to any matter at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (FS286.0105). The City of Fort Walton Beach adheres to the American with Disabilities Act and will make reasonable modifications for access to this meeting upon request. Please call City Clerk Helen Spencer at 850 -833 -9509 to make a request. For Hearing Impaired dial the City Hall TDD #850 -833 -9925 or 1- 800 -955-8771( TDD) or 1- 800- 955 -8770 ( Voice).Requests must be received at least 48 hours in advance of the meeting in order to allow the City time to provide requested service.  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM TO: Joyce Shanahan, City Manager FROM: Carole Jones, Executive Assistant SUBJECT: Charter Review # 3 DATE: April 9, 2008 The second review meeting was held on March 18 to review The City's Charter: Title III Administration. A copy of the minutes of both meetings is attached hereto as Attachment 1. The issues identified for further review include: Section 4A Limit on number of terms for City Council Section 5 Regular and special meetings of Council Section 8 Quorum; compelling attendance of members Section 15 Removal of officers and employees; civil service employees; procedure Section 16 Council not to interfere in appointments or removals; violation a misdemeanor; forfeiture of office Section 20 Departments to be supervised by a director The meeting scheduled for April 15 is to review Title IV Finance Procedures. For information and reference purposes, the following documents are attached: Attachment 2 — the City of Fort Walton Beach Charter Attachment 3 — an excerpt from the National Civic League " Model Charter" Attachment 4 — a matrix identifying other municipalities who have /have not addressed the same issues Attachment 5 — a survey of the reporting and hiring authority for the position of Finance Director in FPPA Reporting municipalities Respectf submitted, Carole J n s Executiv sistant Reviewed & Concur: i v,-'Joyce Shan V5-. an City Manager  RECOMMENDATION FOR THE CHARTER FOR THE CITY CLERK OFFICER POSITION Section 53. City officers, appointment and compensation City Clerk The City Council shall appoint an officer of the City who shall have the title of City Clerk. The Council shall perform an evaluation on the City Clerk and shall fix, by resolution, the compensation of the City Clerk. The City Clerk provides support for the Mayor and Council. The City Clerk shall give notice of Council meetings to its members and the public and shall attend all such meetings in person or by designee and shall keep minutes of the proceedings. The City Clerk shall keep minutes of agencies, authorities, boards, committees and commissions as created by Council or by law. The City Clerk shall authenticate by signature and City seal and be custodian of the Charter, all ordinances, resolutions, and other City documents and shall perform such other duties as required by law or by the Council. The City Clerk shall serve as repository for all official City records. The City Clerk when necessary shall appoint, suspend, demote, or dismiss any employee in the office of the City Clerk in accordance with law and the personnel policies and procedures of the City. The City Clerk shall prepare annual budgets for the operation of the office of City Clerk and the City Council and shall submit these budgets to the City Manager for inclusion in the annual City budget in accordance with uniform City procedures. April 10, 2008 Reco mend by: Helen Spenagir City Clerk s  Attachment 1 Minutes of previous Charter Review Meetings Page 2  61 MINUTES OF THE COUNCIL WORKSHOP MEETING CHARTER REVIEW OF THE CITY OF FORT WALTON BEACH, FLORIDA MARCH 18, 2008 INTRODUCTION A Council Workshop Meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, March 18, 2008, at 5: 30 p.m. with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes; Virgil Miller; Dennis Reeves; Bill Garvie; Dr. Wayne Pullen; Jim Hartwell ( arrived 5: 40 pm); and Mike Minich, Mayor Pro Tern Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Finance Director position vacant); Toni Craig, City Attorney (arrived 6: 17 pm); and Department Directors PURPOSE Charter Review: Title III Administration. CALL TO ORDER The Mayor called the meeting to order. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. CHARTER REVIEW The City Manager briefly mentioned at the last meeting the issues identified for further review or discussion are the limit on number of terms for City Council, the regular and special meetings of Council, and quorum, compelling attendance of members. She noted the section of the Code on the agenda for discussion tonight is Title III Administration. TITLE III. ADMINISTRATION Section 13 City manager; acting manager; assistant manager; appointment, qualifications and salary Discussion was held on confusion over the appointment of an acting city manager, whether or not an acting city manager, if appointed by Council, would report to Council; and whether or not Council would have access to an acting city manager during the City Manager' s absence. The City Manager expressed her interpretation that an acting city manager would be if the City Manager position became vacant then Council would need to appoint someone in an acting capacity, not for a temporary period of time for vacation, out of town travel, or brief illness. She said it is different when the City Manager is on vacation or out of town and designates someone to act in her absence and that individual would contact her if an issue needs her attention and she roblem with any interaction between would interact with Council, but she did not see any problem Council and an acting city manager in her absence. It was mentioned that Section 3. 03 of the Model Charter has cleaner language on an Acting City Manager. There were no changes for Section 13. 62 Council Workshop 3 -18 -08 CHARTER REVIEW coat. Section 14 City manager; responsibility; powers of appointment and removal There were no changes for Section 14. Section 15 Removal of offcers and employees; civil service employees; procedure Discussion included reference to civil service employees and whether or not it was needed since the City does not have a civil service board and the City has a grievance procedure in place, and whether or not to include in the Charter that Council review the personnel policy. The City Attorney will be asked if editorial changes can be made or if it will require a referendum. The City Manager was requested to provide a recommendation to Council on whether or not the Section needs to be rewritten. Section 15 was identified for discussion at the final workshop. Section 16 Council not to interfere in appointments or removals; violation a misdemeanor; forfeiture of office Discussion ensued on the recourse available to Council regarding any situation with an employee. The City Manager explained that Council would go to her to discuss any individual employee or concerns she may need to act upon. It was requested that.the City Attorney provide an interpretation on the meaning that Council shall not give " orders" to any subordinate of the city, and provide clarification on forfeiture of office and removal process. Section 16 was identified for discussion at the final workshop. Section 17 Duties of manager There were no changes for Section 17. Section 18 Manager' s and officer' s right to participate in council meetings Discussion ensued on participation in council meetings and confusion over the meaning of "other officers of the city as may be designated by vote of the council ". During discussion it was expressed that the Boards and Committees fall under that category; that the Boards work directly for Council; and that the practice has been that Council will listen to anyone who wants to speak, or to anyone on staff delegated by the City Manager to present information. There were no changes for Section 18 Section 19 Administrative departments There were no changes for Section 19. Section 20 Departments to be supervised by a director Discussion was held on the verbiage that there shall be a Director of each Department, and whether or not a Manager can be a department head. Section 20 was identified for discussion at the final workshop. City Attorney arrived at 6; 17 p.m.  63 Council Workshop 3 - 18 -08 POSITION OF FINANCE DIRECTOR The City Manager noted Council was provided information on a survey on the reporting and hiring authority for the position of Finance Director in the Florida Public Personnel Association. She noted Finance Procedures is scheduled for discussion at the next workshop. PUBLIC INPUT The Mayor opened the floor for public input. Kabe Woods, 240 Brooks Street, referenced Section 16, the fourth sentence that begins with Except for the purpose of inquiry" and suggested the entire sentence be reviewed instead ofjust the word " orders" because the entire sentence qualifies what is in the sentence. PENSION WORKSHOP MEETING 25th The Mayor reminded Council of the workshop scheduled for next Tuesday, March to discuss the General, Police and Fire Pension Plans. The City Manager mentioned the Police and Fire Pension Attorney Lee Delmer; the Police and Fire Actuary, Brad Heinrichs with Foster and Foster; and the General Plan Attorney Jim Linn, will all be present at the workshop to answer any questions. STRAGEGIC MEETING The City Manager reported two