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

printed ordinances, resolutions and charter amendments shall be distributed or sold to the public at reasonable prices as fixed by the council. Following publication of the first city code and at all times thereafter, the ordinances, resolutions and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration therein. The council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the constitution and other laws of the state of , or the codes of technical regulations and other rules and regulations included in the code. Commentary. Subsections ( a) and ( c) of this section state essential procedures for maintaining legally authenticated records of all ordinances and resolutions and for making them available to the public. The merits of the general codification provided for in subsection ( b) speak for themselves. The Model provides for inclusion of pertinent parts of the constitution and state statutes, thus envisioning a city code to which people may turn for all state and local legislation governing the city. This contrasts to the situation still existing in many cities where much of this legislation, particularly state laws of limited application, are nowhere collected and are often out of print, unavailable, or difficult to find. 21  i Article III CITY MANAGER Introduction. In the council -manager plan, the city manager is continuously responsible to the city council, the elected representatives of the people. Section 3. 01. Appointment; Qualifications; Compensation. I The city council by a majority vote of its total membership shall appoint a city manager for an indefinite term and fix the manager's compensation. The city manager shall be appointed solely on the basis of education and experience in the accepted competencies and practices of local government management. The manager need not be a resident of the city or state at the time of appointment, but may reside outside the city while in office only with the approval of the council. Commentary. Six of the twelve items in the Code of Ethics established by the International City /County Management Association ( ICMA) for members of the city management profession refer to the manager's relationships to the popularly elected officials: Be dedicated to the concepts of effective and democratic local government by responsible elected officials and believe that professional general management is essential to the achievement of this objective. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public. Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement municipal policies adopted by elected officials. Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests with members [ of ICMA, i. e., city managers]. Refrain from all political activities, which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body including the mayor]. Keep community informed the on local government affairs; encourage communication between citizens and all local government officers; emphasize 22  friendly and courteous service to the public; and seek to improve the quality and image of public service. The ICMA Code of Ethics can be found online at www.icma.org. The other items in the code refer to the manager' s personal and professional beliefs and conduct.) As a professional administrator, the manager must be trained and experienced in the effective management of public service delivery. The manager must use this expertise to adopted by the city council. efficiently and effectively execute the policies elected Furthermore, the manager' s breadth of knowledge and experience in the increasingly complex areas of local government operations obligates him or her to assist the elected council in the policy- making process. The policy role of managers has been central to the definition of the manager' s position from the beginning and continues to be readily acknowledged. Appointment of the manager by majority vote of the entire membership of the council, not simply a majority of a quorum, assures undisputed support for the appointee. Appointment for an indefinite term" discourages contracting for a specified term or an arrangement that reduces the discretion of the council to remove a manager. The requirement that the manager be " appointed solely on the basis of education and experience in the accepted competencies and practices of local public management" was added to the eighth edition to stress the basic principle of the council -manager form that the manager is a qualified professional executive. The precise level of education and experience required for the manager will vary from one municipality to the other depending on such factors as size of population and finances. A useful guideline for the minimum qualifications for a city manager would be: A master' s degree with a concentration in public administration, public affairs or public policy and two years' experience in an appointed managerial or administrative position in a local government or a bachelor' s degree and 5 years of such experience for more information see ICMA' s voluntary credentialing program at www.icma.org). While it is preferable for a manager to live in the community during employment, the Model does not require it. This flexible approach allows communities to attract and retain the most qualified individuals and accommodates the problem of housing availability and cost. It also enables two or more communities to employ a single manager. of the involves an employment agreement between the Increasingly, appointment manager municipality and the manager. These agreements can cover all aspects of the manager' s job, including salary, other forms of compensation, duties, performance standards, evaluation, and severance procedures. Employment agreements provide mutual protection for the manager and the local government. However, they are not tenure agreements and do not impede the council's power 23  0 I to remove the manager. A model employment agreement can be found at http: / icma.org/ / documents /icma model employee agreement. doc. Section 3. 02. Removal. If the city manager declines to resign at the request of the city council, the city council may suspend the manager by a resolution approved by the majority of the total membership of the city council. Such resolution shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the city manager. The city manager shall have fifteen days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which shall occur not earlier than ten days nor later than fifteen days after such hearing is requested. After the public hearing, if one is requested, and after full consideration, the city council by a majority vote of its total membership may adopt a final resolution of removal. The city manager shall continue to receive full salary until the effective date of a final resolution of removal. Commentary. This section provides an orderly removal procedure when a manager declines to resign at the request of the council. This section does not protect the city manager's tenure. However, it assures that any unjust charges will come to light and be answered, by providing for presentation to the manager of a statement of reasons for removal in the preliminary resolution and the opportunity for the manager to be heard if he or she so requests. As an additional protection, this section requires a vote of a majority of all the members to pass a removal resolution, thereby preventing a minority from acting as the majority in a quorum. The council may delay the effective date of the final removal resolution in order to provide for termination pay. When an employment agreement exists between the city and the city manager, termination pay should be covered in that agreement. Section 3. 03. Acting City Manager. By letter filed with the city clerk, the city manager shall designate a city officer or employee to exercise the powers and perform the duties of city manager during the manager's temporary absence or disability; the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager returns. Commentary. To remove doubt as to the identity of the acting city manager, the manager must designate a city officer or employee to serve as acting city manager during the temporary absence or disability of the manager. The council is free, of course, to replace the acting city manager if it is dissatisfied with performance. The acting city manager is not entitled to the protection of the removal procedure afforded the manager by § 3. 02. 24 Section 3. 04. Powers and Duties of the City Manager. The city manager shall be the chief executive officer of the city, responsible to the council for the management of all city affairs placed in the manager's charge by or under this charter. The city manager shall: appointive 1) Appoint and suspend or remove all city employees and administrative officers provided for by or under this charter, except as otherwise provided by law, this charter or personnel rules adopted pursuant to this charter. The city manager may authorize any administrative officer subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency; 2) Direct and supervise the administration of all