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

subordinate of the city manager is empowered to appoint, but the council may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees. c) Interference with Administration. Except for the purpose of inquiries, and the council or its members shall deal with city officers and investigations under § 2. 09, employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately. 13  x Commentary. a) This provision prohibits council members from concurrently holding other elective office, such as state legislator, as occurs in some states. Also prohibited is holding any other city office or employment during one's council term or for one year after leaving office. These provisions are however, that these designed to avoid conflict of interest situations. The charter is specific, prohibitions do not restrict any current or former officeholder from service on the boards of regional or other intergovernmental agencies. Such service is particularly valuable in accomplishing the objectives of intergovernmental cooperation. b) and ( c) The prohibition against interference by council members in the appointment and removal of employees and in the administration of city programs does not include the broad language of earlier editions of the Model because it was considered too rigid and unrealistic. This provision, while expressing the general policy of noninterference, does not exclude communication between council members and the manager on questions of appointment and removal. The manager may seek advice from the council regarding appointments. Council members are strictly prohibited from giving orders to city officers or employees. However, the prohibition against interference with administration does not prevent council members from making inquiries of department heads or employees for the purpose of obtaining information needed Information by them in the discharge of their duties including response to constituent requests. provided to one -council member should be shared with the entire council as warranted. The council and manager should define the parameters for such requests and establish reasonable boundaries. In some cities, automated information systems make information on aspects of departmental operations readily available to council members on computer terminals. Section 2. 06. Vacancies; Forfeiture of Office; Filling of Vacancies. a) Vacancies. The office of a council member shall become vacant upon the member's death, resignation, or removal from office or forfeiture of office in any manner authorized by law. b) Forfeiture of Office. A council member shall forfeit that office if the council member: 1) Fails to meet the residency requirements, 2) Violates any express prohibition of this charter, 3) Is convicted of a crime involving moral turpitude, or 4) Fails to attend three consecutive regular meetings of the council without being excused by the council. c) Filling of Vacancies. A vacancy in the city council shall be filled for the remainder of the unexpired term, if any, at the next regular election following not less than sixty days upon the occurrence of the vacancy, but the council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the council fails to do so within thirty days following the occurrence of the vacancy, the election authorities shall call a 14 special election to fill the vacancy, to be held not sooner than ninety days and not later than 120 days following the occurrence of the vacancy, and to be otherwise governed by law.Notwithstanding the requirement in § 2. 11( c), if at any time the membership of the council is reduced to less than , the remaining members may by majority action appoint additional members to raise the membership to Commentary. The section specifies the events or conditions, which create a vacancy, the grounds for forfeiture of office, and the manner by which the council shall fill vacancies. Subsection ( b)( 3) requires forfeiture of office for crimes involving " moral turpitude." This is a legal standard that in most jurisdictions means the crime — felony or misdemeanor — violates community standards of morality and involves an element of knowing intent by the perpetrator. Court findings include In re Flannery, 334 Or. 224 ( 2002) ( misrepresenting address in renewing driver license to obtain valid license to rent a car was not a crime involving moral turpitude); Klontz v. Ashcroft, 37 Fed. Appx. 259 ( 9th Cir. 2002) ( petty theft and grand theftare both crimes of moral turpitude); Antorietto v. Regents of the University of California, 2002 WL 1265552 ( Cal. App. 4 Dist. June 7, 2002) ( misuse of university funds and fraudulent diversion of donor funds intended for the as in university are crimes that involve moral turpitude). Another approach focuses on felonies, Kansas City' s charter, which reads: " No member of the council shall, during the term for which he is elected, be found guilty or enter a plea of guilty or nolo contendere to a felony under the laws of the United States or of any state, even if subsequently followed by the suspended imposition of the sentence." The council shall temporarily fill vacancies until the next regular election, when the voters will fill such vacancies for the remainder of the term ( unless that election occurs within sixty days of the vacancy, in which case the candidates would have insufficient time to file). The provision calls for a special election if the council fails to fill a vacancy within thirty days. This provision should insure that the council will act, but in the event of a deadlock a special election will resolve the situation. Finally, the section provides for filling vacancies by council action even if the membership falls below the quorum otherwise required for council action by § 2. 11( c). Section 2. 07. Judge of Qualifications. The city council shall be the judge of the election and qualifications of its members, and of the grounds for forfeiture of their office. In order to exercise these powers, the council shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the city at least one week in advance of the hearing. 15  4 I Commentary. This section makes council the judge of qualifications for office and of grounds for forfeiture. It provides procedural safeguards to protect a member charged with conduct constituting grounds for forfeiture. The provision authorizing the council to set additional standards for the conduct of its members empowers the council to impose on itself the highest possible ethical standards. Section 2. 08. City Clerk. The city council or the city manager shall appoint an officer of the city who shall have the title of city clerk. The city clerk shall give notice of council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned by this charter or by the council or by state law. Commentary. See §§ 2. 15 and 2. 16 for other duties assigned to the city clerk. In a number of states, certain statutory duties may be assigned to the city clerk, even in cities operating with their own charters. Section 2. 09. Investigations. The city council may make investigations into the affairs of the city and the conduct of any city department, office, or agency and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these powers by the council shall be a misdemeanor punishable by a fine of not more than $ , or by imprisonment for not more than or both. Commentary. This section gives the council, but not the manager, the power to make investigations. The manager has the power to appoint, remove, and suspend officers, but it is inappropriate for the manager to have the power to subpoena witnesses and compel production of evidence. Section 2. 10. Independent Audit. The city council shall provide for an independent annual audit of all city accounts and may provide for more frequent audits as it deems necessary. Such audits shall be carried out in accordance with § 5. 12. Commentary. The necessity for annual independent audits of the city's financial affairs has long been accepted. This section authorizes and charges the council to conduct them. 16 Section 2. 11. Procedure. a) Meetings. The council shall meet regularly at least once in every month at such times and places as the council may prescribe by rule. Special meetings may be held on the call of the mayor or of or more members and, whenever practicable, upon no less than twelve hours' notice to each member. Except as allowed by state law, all meetings shall be public; however, the council may recess for the purpose of discussing in a closed or executive session limited to its own membership any matter which would tend to defame or prejudice the character or reputation of any person, if the general subject matter for consideration is expressed in the motion calling for such session and final action on such motion is not taken by the council until the matter is placed on the agenda. b) Rules and Journal. The city council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record. c) Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. members of the council shall constitute a quorum, smaller number may adjourn from time to time and may compel the but a attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council. No action of the council, except as otherwise provided in the preceding sentence and in § 2. 06( c), shall be valid or binding unless adopted by the affirmative vote of or more members of the council. Commentary. This section sets forth what are, for the most part, standardized and well accepted