Fort Walton Beach Council agenda — 01-13-09 regular agenda — reading text

City Council brings into town to interview. Mr. Reeves asked if Mr. Wiltsie had any experience with the Slavin Management Group or the Mercer Group. Mr. Wiltsie said he had prior experience with Slavin and said either Group would do a fine job and can undertake the task. He encouraged City Council to consider hiring one of the firms to undertake the task as it is a very time -consuming effort. Dr. Pullen asked if the decision on who would perform the background investigation could be made a month from now because it will not be done until around the later part of February or first part of March. The Mayor opened the floor for public input. As no one wished to speak public input was closed. Mr. Minich moved to approve the Slavin Management Group. Mr. Reeves seconded motion. Mr. Minichstated this is important and needs to be done and is something Council should spend money on, and the Slavin Management is the cheaper of the two. Special Council 12/ 22/ 08 BACKGROUND INVESTIGATION ( CONT) Mr. Wiltsie confirmed that the Slavin Management Group confirmed by email from Sam Trager they will perform the task for $500. 00 per candidate plus $ 44. 00 for each County the candidate has lived in for the last ten years. The Mayor called for the vote on the motion and it carried by a vote of 6 to 1 with Holmes, Miller, Reeves, Garvie, Hartwell, and Minich in favor and Pullen opposed. NEGOTIATE CONTRACT City Council to move to approve the Mayor to negotiate a contract with the # 1 ranked candidate. Mr. Wiltsie stated staff recommends City Council authorize, once the # 1 ranked candidate is concluded, that the Mayor be provided the authority to negotiate a contract with the # 1 candidate and ask the City Attorney to assist in drafting an agreement. He said whatever support his office can provide they would be happy to help. He confirmed the final negotiated contract would come to City Council for approval. Mr. Hartwell wished to know why the Mayor's position and not Human Resources Department. Mr. Wiltsie said it is typical in different appointments throughout the state where the Mayor is given that authority from the Council to negotiate, sometimes it is the City Attorney but it is more typical the Mayor. He said in his experience in review of what transpires throughout the state and the country, it happens most frequently. Dr. Pullen expressed his hope that the Mayor would ask for input from each Councilmember what they would like to see in the contract before he negotiates. The Mayor stated when Council votes on the negotiated contract they can make any recommended changes at that time. He thought it would be appropriate if they wanted to submit something without violating the Sunshine Law. Mr. Miller expressed his thought that the City Attorney should negotiate contracts as part of her responsibility ,and they have a strong City Council /City Manager form of government and to have the Mayor starting to negotiate with a City Manager is misleading. He thought they need to leave the legal mattersIn the hands of the City Attorney and let her negotiate contracts for the City. Mr. Hartwell commented City Council, with a vote of four, can delegate authority to the Mayor to negotiate without changing the form of government. He said the City Council votes to have the Mayor represent them on many local matters and sign documentation representing the Council. He said the City Attorney will prepare the employment agreement so if anything is done incorrectly the City Attorney would correct it. Mr. Miller asked the City Manager who negotiated with her in Ormond Beach. The City Manager replied it was the City Attorney. Mr. Minich moved to approve the Mayor to negotiate a contract with the # 1 ranked candidate. Mr. Reeves seconded motion. The Mayor opened the floor for public input. Lee Bobo, 38 Memorial Parkway SW, said everyone has their own opinion on how it should be done and the Charter says the City Council runs the City; but the Mayor who will be negotiating will be in office less than two months if there is a new Mayor. He thought the point is well taken that the City Attorney should be the person who negotiates anything for the City in lieu of the City Manager, and then the Mayor usually signs; but to negotiate a contract for the City Manager, he believed is under the purview of the City Attorney and /or the City Attorney and the City Clerk who is a constitutional officer. He suggested Council re -think and have the City Attorney negotiate the final contract to bring to City Council to approve. 88 Special Council 12/ 22/ 08 NEGOTIATE CONTRACT ( CONT) As no one else wished to speak public input was closed. Mr. Minich commented his motion did not say the Mayor will approve the contract, it said the Mayor will negotiate the contract. He said the City Clerk is a Charter Officer and Constitutional Officers are by the Constitution of the State of Florida and he did not want to get into each one of them trying to negotiate a separate contract. He was certain the Mayor will work hand -in -hand with the City Attorney during negotiations and if there is a new Mayor, City Council can change it. Mr. Hartwell pointed out the staff proposal says the City Council should give the Mayor clear direction as to the parameters the City will offer the candidate. He said the Mayor has set parameters that are established by the Council to negotiate and as long as he does not go out, he is not usurping the authority of Council. Mr. Miller asked the City Attorney if she had time to negotiate with a new prospective City Manager and had any negotiating experience. Mr. Minich called a point of order that the question had nothing germane to the motion on the floor. Mr. Miller said he wanted to know why they are not going to use the City Attorney. The Mayor noted that Mr. Miller has decided that is the position he wants and if the motion fails and they want the City Attorney to do it, then she will do it. Mr. Miller stated there must be some reason they are not asking or tasking the City Attorney. The Mayor noted it is Council' s call to task the City Attorney. The Mayor called for the vote on the motion to approve the Mayor to negotiate a contract with the # 1 ranked candidate and it carried by a vote of 4 to 3 with Holmes, Reeves, Hartwell, and Minich in favor and Miller, Garvie, and Pullen opposed. RECRUITMENT SCHEDULE Mr. Wiltsie mentioned, on the recruitment schedule; staff would like-.to finalize the schedule based on discussion tonight. and provide a revision that includes all the changes that were made and bring back to City Council at the next meeting. The Mayor received confirmation that the job position will be announced beginning tomorrow and staff will return with a revised alternative 2 recruitment schedule with more firm subsequent dates based on the discussion tonight. ACTING CITY MANAGER City Council move to appoint an Acting City Manager. Mr. Wiltsie pointed out the staff provided several alternatives for the Acting City Manager appointment. He mentioned it was initially thought the Range Rider Program would provide a retired City Manager to come over on an interim basis to be the City Manager, but it has been clarified by the Florida City and County Management Association ( FCCMA) that a Range Rider would have to resign as a Range Rider so that does not appear to be a viable alternative. He noted the second alternative would be to appoint a manager in transition or a retired manager. He pointed out the agenda packet included a list of managers who are in- between jobs across the state and if that is an option Council would like to pursue, staff can contact one or all to see if they would be interested in coming to the City. He noted in his conversation with a Range Rider Mr. Simmons, he indicated he is aware of and has assisted other Cities in securing an interim City Manager from a pool of retirees that he knows who can come to the City in a very short period of time and run the day -to -day affairs and operations of the City. He said there is a cost associated as they typically charge what the current City Manager is making plus they would require an auto and housing allowance.  e Special Council 12/ 22/ 08 ACTING CITY MANAGER (CONT) Mr. Wiltsie said another alternative would be an in -house candidate to serve on an interim basis, and the final alternative would be a member of the community the Council would believe can come in to run the day -to -day operations of the City. Mr. Hartwell mentioned a sound -off piece in the paper that mentioned Council, in the interim, could take on those duties of the Manager because they have competent Department Heads. He thought what is needed is a focal point of getting information, disseminating information and tasking, and thought with one, two or seven perhaps the Council in the interim. He did not like the idea of someone from the community, and with the Manager in transition he would be afraid of the expectations of that person of perhaps being hired, and in -house he would hate to think of one of the Department Heads who already has a full -time job taking on a second full -time job as a City Manager during the interim of three to four months. He would like to entertain the idea of perhaps the City Council in the interim. The Mayor asked how Mr. Hartwell would envision the Council running the staff meeting, and how the process would work, if Council would alternate or select someone. Mr. Hartwell commented not everyone has a full -time job and he was just throwing out ideas to think through whichever answer would provide the least disruption to their already heavily tasked Department Heads and would not cause a disruption in the transition period. Mr. Miller said the City does have an outstanding group of Directors and some of them may like the chance to get some career broadening experience and be an acting City Manager. He said not for the complete time but maybe two or three weeks at a time on rotation to let them get the experience, and even though it is a Department Head Council will have access to the acting City Manager. He has seen the, way the Human Resources Director has performed in the absence of the City Manager and is comfortable with what he has done in her absence. He suggested they could give the other Department Heads the opportunity to volunteer to serve in that function then Council can lay out a schedule, but they should not burden one for the complete task and just rotate them maybe every three weeks Mr. Minich disagreed with both concepts and said City Council cannot do it and it is not their place to do it; and to swap different Department Heads in and out during the transition time is not something to do. He said they need one person as it is a difficult time because they are not only losing the City Manager but they are changing over half the City Council and it needs to be one person to guide them through the process because they have to not only get ready for a new City Manager but get ready for three new Council members at the same time.