Fort Walton Beach Council agenda — 09-16-08 workshop agenda — reading text

CITY OF FORT WALTON BEACH City Council Workshop Meeting Agenda - September 16, 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 V. Miscellaneous Provisions 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 # 4 DATE: September 9, 2008 The fourth review meeting is scheduled for Tuesday, September 16. A copy of the minutes of the three prior 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 Section 53 City officers; appointment and compensation The Mayor requested a review of Sections 6 and 9 regarding voting issues and breaking ties. Additionally, at the August 26 Council Meeting, during the discussion regarding eliminating workshops, the question was raised about beginning the Regular Council Meetings earlier than 7pm. A copy of the minutes is attached as Attachment 2. The meeting scheduled for September 16 is to review Title V Miscellaneous Provisions. For information and reference purposes, the following documents are attached: Attachment 3 —the City of Fort Walton Beach Charter Attachment 4 —an excerpt from the National Civic League " Model Charter" Attachment 5 — a matrix identifying other municipalities who have /have not addressed the same Miscellaneous issues Attachment 6— a matrix identifying the other municipalities who have /have not addressed thos issues for which Council has requested further discussion. Respectfully s itted, Carole Jone Executive Assi nt Reviewed & Concur: Jo c hanahan y Manager  Attachment 1 Minutes of previous Charter Review Meetings Page 2  MINUTES OF THE COUNCIL WORKSHOP MEETING CHARTER REVIEW OF THE CITY OF FORT WALTON BEACH, FLORIDA APRIL 159 2008 INTRODUCTION A Council Workshop Meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, April 15, 2008 at 5: 30 p.m. with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes; Dennis Reeves; Bill Garvie, Mayor Pro Tem; Dr. Wayne Pullen; and Jim Hartwell Absent: Virgil Miller, Mike Minich Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Brandy Wunker, Interim Finance Director; Toni Craig, City Attorney; and Department Directors PURPOSE Charter Review: Title IV Finance Procedures 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 previous meetings the issues identified for further review or discussion are 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; and Section 20 Departments to be supervised by a director. She noted the section of the Code on the agenda for discussion tonight is Title IV Finance Procedures. TITLE IV FINANCE PROCEDURES It was agreed in order to address the topic of finance in general, that Council should first look at and address the position of Finance Director as a Charter Officer as provided in Section 53. Section 53 City officers; appointment and compensation During discussion on the position of the Finance Director and the span of control with the position subject to the supervision and control of the City Manager, views were expressed on the awkwardness of answering to two bosses; that the position should be removed as a Charter Officer and fall under the control of the City Manager to hire and fire; that the Finance Director position has never received a performance evaluation from Council and all Charter Officers should receive a performance evaluation; that, with few exceptions, the Finance Director in other cities reports directly to the City Manager; and that under the Charter the operation of the City is the responsibility of Council, that as elected officials they are supposed to run the City and should retain certain control. It was questioned whether the " recorder" could be deleted from Section 53 since the position did not exist or if it could just be ignored. Council Workshop 4 -15 -08 Section 53 City officers; appointment and compensation cont. The City Attorney said recorder did not need to be deleted for it not to exist, and there are a couple of items that could be administratively cleaned up that may be too much for a small referendum. She did not see it as a problem with the word " recorder" because it is just a non- existing position. The City Clerk pointed out the recommended language for the Charter for the City Clerk Officer position. She noted the City Attorney suggested where it states " The City Clerk shall serve as repository" to change repository to custodian and where it states " The City Clerk when necessary shall appoint, suspend, demote, or dismiss" to add the word promote. It was questioned whether the language for the City Clerk Officer position could be made by ordinance without changing the Charter. The City Attorney referenced the comment made about delegating authority and reminded Council the Charter is not about delegation, it is about establishing authority. She said the Charter establishes the authority of the City Manager and the authority of the City Council and it is not a delegation issue back and forth because it is clear in the Charter what is under the City Manager' s authority and the Council' s authority. She stated Council can delegate some authority to the City Manager but they have to have the authority first and with the administrative items there is no delegating because the City Manager is solely the administrative officer. She stated the two issues in the City Clerk Position statement that cannot be put into an ordinance is the hiring and firing and the budget issue and would need clarification within the Charter. There was some discussion on the hiring and firing of employees and Departmental recommendations to the City Manager. It was questioned whether removing specific duties and requirements from the Charter and placed in an Ordinance would require a Charter amendment referendum. The City Attorney stated if they look at the four Charter Officers as Constitutional Officers in the County structure and if they leave the organization as it is and make it a clean City Manager /Council organization then the other three Charter Officers are not going to be at the same level as the City Manager and they are going to be different. She said her thought would be that the City Clerk and the Finance Director would maintain that level below the City Manager which is probably what is seen in most Charters, and if they were to remove the Finance Director as a Charter Officer, then those provisions about finance procedures ( Sections 212 222 23) would simply be deleted and then they would beef up the finance procedures to the rules that are in Chapter 4 of the Code and put back in some of the checks and balances and safeguards that were supposed to be intended in those provisions. Section 53 was identified for discussion at the final workshop. Section 21 Department of finance and administration; director There was no discussion on this section Section 22 Department of finance and administration; division of audits and accounts There was no discussion on this section Section 23 Department of finance and administration; division of treasury There was no discussion on this section  97 4 -15 -08 Council Workshop Section 52 Surety bonds required of officers and employees The Human Resources Director confirmed that the City purchases a surety bond for the Finance Directorand City Clerk and also purchase a fiduciary bond for the Customer Service Administrator in the finance department, and there is a separate crime policy that covers employee theft citywide for all employees. He confirmed the bonds are required by State Statute and the City matches the required bond amount. There were no changes for Section 52. Section 55 Consolidation of offices and departments The City Attorney was asked for clarification on what Council has the right to combine. The City Attorney clarified Council has the right to combine the function under one officer. She noted the phrase uses the word officers but that is questionable because they are Department Directors but yet it talks about various department. She noted it indicates there would be some other type officer taking over some other duties. There was a brief discussion Council' s right to consolidate offices within the organization or consolidate functions of a department under another officer but cannot tell the City Manager who to place in positions. There were no changes for Section 55. Section 56 Emoluments other than reptular compensation prohibited; exception There were no changes for Section 56. PUBLIC INPUT The Mayor opened the floor for public input. Dean Covey, 270 Brooks Street, encouraged Council to consider eliminating the Finance Director position as a Charter Officer at the time they discuss a referendum. BUDGET POLICY WORKSHOP The City Manager reminded Council that the budget policy workshop will be held next month on h. May 20` ADJOURN"MENT Being no further business, the meeting adjourned at