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

members of Council cannot meet with Dr. Marlowe on April 18th so she will coordinate a couple of dates with Dr. Marlowe to schedule another strategic meeting in May. REFERENDUM QUESTION The question was asked of the City Attorney whether a referendum would be needed to clarify wording in the Charter on an Acting City Manager. The City Attorney pointed out the information provided on Municipal Law that affects anything they can put into the Code and that the first two pages discuss what is required for a referendum. She explained a referendum is not necessarily required for redefinition of boundaries, for the abolishment of Municipal Departments, and for amendment of language that has been judicially construed. She said the answer to the question as to an Acting City Manager would require referendum. ADJOURNMENT Being no further business, the meeting adjourned at 6: 30 p.m. APPROVED: MAYOR: ATTEST: CITY CLERK ddm  13 MINUTES OF THE COUNCIL WORKSHOP MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA FEBRUARY 19, 2008 INTRODUCTION A Council Workshop Meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, February 19, 2008, at 5: 30 p. m. with the following members present: Councilmen: Mike Holmes, .Virgil Miller, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich, Mayor Pro Tern Absent: Mayor Mike Anderson Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Lisa Absher, Finance Director; Toni Craig, City Attorney; and Department Directors CALL TO ORDER The Mayor Pro Tern called the meeting to order. PLEDGE OF ALLEGIANCE The Mayor Pro..Tern.led in the Pledge of Allegiance. CHARTER REVIEW The Mayor briefly went over the background on the intent to review the Charter to see if there is a need for any changes. He noted if there are any changes to be made to the Charter, it would need to go before the voters as a referendum, and the target date is March 2009 municipal election. During discussion on the process for the review it was decided to review the Charter section by section; any sections identified for later discussion will be reviewed further at a final workshop to discuss whether or not to make any language changes. City Council can then hold a special meeting to decide whether they want to move forward with a referendum on changes to the Charter. During discussion the opinions were expressed that Council should move through the process as fast as possible; that. the majority of the Charter is probably acceptable with the exception of a few items, such as the role of the Finance Director. The City Manager noted there are only two cities in the state that have a Finance Director's. role similar to Fort Walton Beach. She said she. will look for that information to provide to Council when that section of the Charter is discussed. TITLE 1. ESTABLISHMENT Section 1 Municipality,.established. The City Attorney advised that the. City has powers-established. through the State Statutes and the City should not duplicate those in the body of the law because every time the Statutes change the Charter .will need to. change;. if they put too. many - particulars in the Charter it could end up in conflict with the. State ,Statutes. She. explained that the Home Rule- Power is broad; if they are not restricted from doing something, then they can accept that they are allowed to do it. It was questioned whether some changes can be made without a referendum. The City Attorney gave the opinion that they cannot change the Charter without a referendum, but they can expand, expound., or explain. There were no changes for Section 1. 14 Council Workshop 2- 19 -08 TITLE 1. ESTABLISHMENT cont. Section 3 Validation of ordinances, property rights, liabilities, etc. There were no changes for Section 3. It was questioned why there was no-Section 2. The City Attorney explained there are historical notes in the back of the Charter in reference to those sections that were taken care of by Home Rule and the missing numbers were those that were pre -empted by State Law. TITLE II. LEGISLATIVE Section 4 Creation and composition of council. There were no changes for Section 4. Section 4A Limit on number of terms for city council. Discussion included an exchange of-views between those who were in support of term limits and those who were not in support of term- limits. Those in support of term limits believed that eight years is enough, and then it is good to have fresh ideas. Those. not in support of term limits believed that it ,tapes time to become .familiar with the office :and three- to. four years, to -get established at the state level; and the belief that if a person is not doing a good job then they will not be re- elected. It was noted the Charter has term limits for City Council but not for the Mayor. Section 4A was identified for discussion at the final workshop. Section 4B Filling vacancies in the city council or in the office of mayor There were no changes for Section 4B. Section 5 Regular and special meetings of council It was noted..,- that the Charter calls for Council to meet twice a month and that Council cancels the July meetings and have cancelled meetings in November or December that conflict with holidays. It was also mentioned that the Charter allows the City Manager to call a special meeting and that it should be the Mayor or a majority of Council who can call special meetings. Section 5 was identified for discussion at the final workshop. Section 6 Election of mayor and mayor pro tem; - general duties of mayor Discussion included the comments that the section had the- same restrictions for the mayor as for council but the penalty is not defined; that page 12 of the model guide states communities should avoid granting special voting status to the mayor, i. e. to make or break a tie; that the Mayor cannot vote to break a tie in other cities; and there are no duties or responsibilities for.the Mayor Pro Tern. It was commented that the City Manager is the head of public safety and noted that the Charter transfers it to the Mayor in the case of an emergency. The City Attorney explained it is only by ordinance in the emergency operations provisions that the Mayor and the City Manager work jointly. She said the City Manager and any designee is in charge of emergency operations but the declaration of an emergency would _be through the Mayor. She commented any changes to some of the language may change the role of the Mayor all together. She thought, in her opinion that is important to consider because the issue of breaking a tie or having a veto vote goes directly to the issue that the. Mayor is elected at, large by the entire City rather than being elected by the body of Council; so it is a further representation of the citizens they may want to consider. There were no changes for Section 6.  15 Council Workshop 01/ 22/ 08 Section-? General powers and rules of council . Discussion was held on the question of compensation and expenses, which is not specifically identified in the Charter, and whether or not there is a Florida League of Cities guide to determine salaries for elected officials; and the question whether the salaries can be set by ordinance rather than set in the Charter. The City Attorney said the ordinance in place now is about benefits and whether or not they are compensated' goes to the issue of the work they do, and there is a wide range of compensation for elected officials throughout the State of Florida, there is no standard. She did not believe there was anything in the Charter that prohibits them from having compensation and believed it would be permissible in the budgeting and ordinance. The City Manager mentioned that the question was raised on the stipend the Mayor and Council receive, reimbursement for expenses, what is covered and what is not covered. She explained the City has traditionally, as an informal policy, paid their fees to attend meetings, conferences, and special activities they have to or are requested to attend. She mentioned there is a travel policy for employees and although they are an employee, they are not subject to that particular policy. She said the stipend received is to reimburse them for other expenses they have associated with carrying out their duty for the City. It was commented that the Protocol Guide is not consistent with this section that Council may punish its members for disorderly behavior and by vote of not less than six members may expel a member for disorderly conduct or the violation of its rules. The City Attorney said the part that is questionable is whether or not violation of its rules would be sufficient under Florida law regarding elected officials, so that may be a conflict; but she did not recall the Protocol Guide having any comments about expelling a member, it is simply a reprimand censure issue and that can be done by Roberts Rules by a simple majority of the body, so she did not see a conflict with the six members. s Y The question was raised whether expulsion is for the rest of a particular meeting or expulsion off Council. The City Attorney stated it could be for either but if they were completely expelling a member from the body then-they would have to ask the Governor to remove them from office. She believed the parliamentarian has the right to discharge someone from a meeting because they are misbehaving. There were no changes for Section 7. Section 8 Quorum; compelling attendance of members The question was raised on the statement that an affirmative vote of a majority of the members elected to the council shall be necessary to adopt any ordinance, resolution, order or vote; and the question on the definition of order or vote. Section 8 was identified for discussion at the final workshop. Emergency Ordinances it was mentioned that emergency ordinances is not covered in the Charter. The City Attorney expressed her thought that if they add much more about emergency ordinances they would have to be for very specific issues because the idea would be in the State of an Emergency, there is an emergency operation that kicks in and the Mayor has some authority and the City Manager has emergency authority as well,. then actions are taken by Council. She said they could clarify those issues by ordinance at this point because they already have an emergency operations ordinance. The City Manager added there. is also' an emergency operation for expenditure of funds and a ratification process, so they may be able. to clarify it though an ordinance rather than the Charter. 16 Council Workshop 2 -19 -08 Section 12 Investigations of transactions of departments and officials It was commented that the mayor may order an investigation but it does not give the Mayor the