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

unanimous. The commentary on the 1964 provision stated: " Since the initiative and referendum are more valuable in their availability than in their use, this Model sets up an exacting procedure." The 1989 and 2002 editions have a simple provision that takes note of the fact that in most states where the initiative and referendum are available they are governed by the state election law. The recall was eliminated in the 1941 edition and was considered and rejected for inclusion in 1964 and 1989 but has been restored in the eighth edition. Ethics. Since its early editions, the Model has had provisions prohibiting municipal officers from having conflicts of financial interest. The 1989 edition replaced statutory language in the charter with a mandate for council passage of ordinances covering ethics issues and measures for their enforcement. The eighth edition continues this approach and provides additional guidance for the council. Campaign Finance. The eighth edition adds campaign finance disclosure and limitation provisions. xi Progress and Continuity The continuity of the model -building process is well illustrated by Luther H. Gulick ( then chairman of the Advisory Committee on the Revision of the Model City Charter and subsequently chairman of the Institute of Public Administration), in the statement which introduced the 1964 edition: The American people have worked long and hard to achieve good city government. When the first edition of this Model City Charter was presented by the National Municipal League in 1900, the chairman of the drafting committee observed, " It has been confidently claimed by many that the most conspicuous failure of democracy ... is demonstrated by the American city...." No one could make that statement today because it is no longer true. We now have many conspicuously successful local governments.... [ A] new or modernized city charter ...not only presents a concise and workable legal framework for the government but also sets before citizens a clear picture of their own responsibilities and powers and before the officials and employees a statement of their duties and mutual interrelations. Thus the adoption of a good city charter is both an affirmation by the citizens that they mean to have good government and is the legal framework within which such government can be won and the more easily maintained. The objective of the Model City Charter is to present in the form of a legal document a general plan of municipal government which is ( a) democratic -- that is to say responsive to the electorate and the community -- and at the same time b) capable of doing the work of the city effectively and translating the voters' intentions into efficient administrative action as promptly and economically as possible. Accordingly, the Model embodies the provisions and tested legal language, which in theory and practice have helped to realize this double objective -- democracy and effective management. And, following the precedent established by the founding fathers when they wrote the Constitution of the United States, it does this with the fewest possible words.... This charter is based on the principles of the council -manager plan because the National Municipal League has found during many years of experience that this arrangement of powers, responsibilities and duties best fits the good government needs of the American city.... There are cities, especially in the largest population class, where the strong mayor plan is preferred. Provisions of this Model are appropriate for such a charter, or may be readily adapted.... The machinery of government, designed by constitutions and charters, is not an end in itself. It is rather an agreed -upon framework through which [ citizens] work xii together to govern and to service themselves. The importance of the machinery is that these institutions when properly designed facilitate self -government and encourage effective management.... Participation by citizens will take many forms -- as voters, as members of local political or civic organizations, as elected officials, as appointed officials and employees, and as members of official and unofficial advisory bodies. The Model endeavors to present a fabric within which each type of participation and leadership can have its appropriate place. As [ the Model] is used to aid charter drafting, each city should think in terms of how its particular resources of participating civic manpower will operate to make a new charter a vital going enterprise. There will be wide variation from city to city. Leadership. Those engaged in charter preparation will be particularly concerned with a search for leadership to achieve municipal progress. Local government problems today more than ever challenge imagination and courage. The task is more than one simply of reflecting popular sentiment and administering the resulting programs. Increasingly, the task must begin with an aggressive campaign to inform and educate the electorate on new programs. The Model presents no absolute prescription for the organization conducive to the development of necessary leadership. Nor can this be done from afar by anyone for a specific community. Another problem of overriding importance is how the city fits into the general framework of government. Few if any functions of government today are the absolute preserve of a city. Aspects of virtually all functions are distributed among all levels of government and frequently among several local units. The Model recognizes this fact of urban life. Again, it offers no formula, but suggests that charter commissions must look beyond the legal and geographical jurisdiction of the municipality. The effectiveness of local political leadership may well be judged ultimately by its capacity to mesh municipal programs with those of other jurisdictions. Responsibility. Finally, this Model ...asserts that the ultimate responsibility for all basic policy decisions should be assigned to a single responsible legislative body, the city council. It also insists that within the executive structure all officials be appointed by and under the direction of the chief executive ...It endorses the use of advisory bodies, with no operating powers but with significant duties, which can utilize the talents of citizens to assess the implications of future programs. This ...edition endeavors to refine and update the conception of municipal government and its component parts presented in earlier editions. It reaffirms the position that a municipality should have discretion to design the form and structure of its own local government directly or through a " home rule" charter. It sounds a warning, however, and emphasizes that home rule today does not mean xiii  i isolation from neighboring local governments. The goal of efficient, economic and progressive municipal government is meaningful only when viewed as part of the local, state and federal partnership. Terrell Blodgett William N. Cassella, Jr. Terrell Blodgett is the former Mike Hogg Professor of Urban Management, Lyndon B. Johnson School of Public Affairs, University of Texas, Austin. He was chairman of the Model City Charter Revision Committee that developed the seventh edition and was the former chairman of the National Civic League. William N. Cassella, Jr., was coordinator for the Model City Charter Revision Committee that developed the seventh edition, and he is the retired executive director of the National Civic League. Blodgett and Cassella were senior advisors to the committee that developed the eighth edition of the Model City Charter. xiv  PREAMBLE TO THE CHARTER Introduction. A preamble typically consists of three elements: an identification of the source of authority for the charter, a statement of the action that is to be taken, and a declaration of the intent of the charter. The source of authority for a city charter is the state constitution or statutory law. The action that is to be taken is the adoption of the charter. The declaration of the intent of the charter comprises subjective statements ( not enforceable by law) that underscore or illuminate the characteristics of a municipality, such as the values of the city, lofty goals, or even the " personality" of the drafting commission. Charters within the same state often use the same language in their preambles; the type of language used and the manner in which issues are addressed often provide a glimpse of regional characteristics. PREAMBLE We the people of the [ city /town] of , under the constitution and laws of the state of , in order to secure the benefits of local self -government and to provide for an honest and accountable council- manager government do hereby adopt this charter and confer upon the city the following powers, subject to the following restrictions, and prescribed by the following procedures and governmental structure. By this action, we secure the benefits of home rule and affirm the values of representative democracy, professional management, strong political leadership, citizen participation, and regional cooperation. Commentary. Source of Authority Identification of the source of authority tends to be standard: " We the people of Your City, under the constitution and laws of the state...." Occasionally, however, the source of authority is embellished with descriptive elements that reflect valued characteristics of the community. Two examples follow. We the people of Your City, with our geographical and cultural diversity...." Treasuring the many wonders of our unique environment and realizing that the power and duty to govern and protect this region is inherent in its people, we the citizens of Your City...." Action Taken The standard phrasing for the action statement is " do hereby adopt" or some variation. Following are two examples of action taken by the source of authority. do hereby adopt this charter." do hereby adopt this home rule charter."  d i Intent The standard This can be the most creative section of the preamble ( and of the charter itself). An expression of objectives, goals, beginning of the intent section is: " By this action, we ..." purposes, and/or values typically follows. The intent section can contain merely a reference to home . rule or self