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

6: 30 p.m. APPROVED: MAYOR: ATTEST: CITY CLERK ddm  61 MINUTES OF THE COUNCIL WORKSHOP MEETING CHARTER REVIEW OF THE CITY OF FORT WALTON BEACH, FLORIDA MARCH 189 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 prn); and Mike Minich, Mayor Pro Tem 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. Ai NHMSTRATION Section 13 City manager: acting manager; assistant manager: annointment, analiEfications 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 coat. Section 14 City manager; responsibility; uo wers of appointmont and removal There were no changes for Section 14. Section 15 Removal of officers and era E19-y-ees; 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 iii 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 misdemeor;, 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 fnal 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 D RECTOR 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. 1 I 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 Dehner; the Police and Fire Actuary, Brad Heinrichs with Foster and Foster; and the General Plan Attorney Jinn 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 Attomey 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: MA'Y'OR: ATTEST: Cxf'Y' 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 Tem 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 Tem called the meeting to order. PLEDGE OF ALLEGIANCE The Mayor Pr ...Tem.led in the Pledge of Allegiance. CHARTER REVIEW The Mayor briefly went over the background on the intent to review the Charier 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. ; r TITLE 1. ESTABLISHMENT Section II Municiaalityestablished: 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,Stitutes. 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. 1 Council Workshop 2 -19 -08 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 Horne t Rule and the missing numbers were those that were pre -empted by State Law. TITLE 11. 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- limi # s. Those in support of term limits believed that eight years is