Fort Walton Beach Council minutes — 03-18-08 workshop minutes - charter review — reading text

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 mana!! er: actin!! er: assistant mana!! er: aooointment. Qualifications mana!! 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 would interact with Council, but she did not see any problem with any interaction between 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 cont. Section 14 City mana2er: resoonsibility: oowers of aooointment and removal There were no changes for Section 14. Section 15 Removal of officers and emolovees: civil service emolovees: orocedure Discussion included reference to civil service employees and whether or not it was needed since 9 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 aooointments or removals: violation a misdemeanor: forfeiture of office Discussion ensued on the available to Council regarding any situation with an recourse 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 on the meaning that Council shall not give " orders" to any subordinate of the interpretation 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 mana2er There were no changes for Section 17. Section 18 Mana2er' s and officer' s ri2ht to oarticioate in council meetin2s Discussion ensued on participation in council meetings and confusion over the meaning of "other officers of the as may be designated by vote of the council". city 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 deoartments There were no changes for Section 19. Section 20 Deoartments to be suoervised bv a director Discussion was held on the verbiage that there shall be a Director of each Department, and I...'." whether or not a Manager can be a department head. Section 20 was identifit~d 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 of just the word " orders" because the entire sentence qualifies what is in the sentence. PENSION WORKSHOP MEETING The Mayor reminded Council of the workshop scheduled for next Tuesday, March 25th to discuss the General, Police and Fire Pension Plans. The City Manager mentioned the Police and Fire Pension Attorney Lee Dehner; 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 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: ji; ~ A7/:L,u: CITY CLERK ~ ddm