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

departments, offices and agencies of the city, except as otherwise provided by this charter or by law; 3) Attend all city council meetings. The city manager shall have the right to take part in discussion but shall not vote; 4) See that all laws, provisions of this charter and acts of the city council, subject to enforcement by the city manager or by officers subject to the manager's direction and supervision, are faithfully executed; 5) Prepare and submit the annual budget and capital program to the city council, and implement the final budget approved by council to achieve the goals of the city; 6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; 7) Make such other reports as the city council may require concerning operations; 8) Keep the city council fully advised as to the financial condition and future needs of the city; 9) Make recommendations to the city council concerning the affairs of the city and facilitate the work of the city council in developing policy; 10) Provide staff support services for the mayor and council members; 11) Assist the council to develop long term goals for the city and strategies to implement these goals; 12) Encourage and provide staff support for regional and intergovernmental cooperation; 13) Promote partnerships among council, staff, and citizens in developing public policy and building a sense of community; and 14) Perform such other duties as are specified in this charter or may be required by the city council. Commentary. Although this section equips the manager with the necessary legal authority to discharge administrative responsibilities, the manager's authority may be limited in some states by provisions 25 of state constitutions or laws. The listing of the manager's powers and duties assumes that the manager will not only perform managerial duties in the city's operations but will also have a significant role in the development of policy. There are important policy implications in the manager' s duties to prepare and submit the budget; to report on the city's finances, administrative activities, departmental operations and future needs; and to make recommendations on city affairs. includes providing The duty to provide staff support for the mayor and council members information on policy issues before the council. The expanded duties listed in items 9, 11, and 13 of the eighth edition reflect the complex responsibilities assigned to managers to make the processes of governance work in the community. Constructive interactions among the local government, businesses, non -profits, faith -based and special interest organizations and neighborhood groups define a successful community. In a similar manner, the responsibilities anticipated in item 12 charge the manager with placing each community in the context of its region and promoting both community and regional interests. Article IV DEPARTMENTS, OFFICES, AND AGENCIES Introduction. This Article provides for the creation of the departments, offices, and agencies which perform the day -to -day operations of the city. It provides that the city manager appoint and supervise department heads. It makes exceptions in the case of the city attorney, acknowledging the close relationship of the department of law and the city council in some cities. Finally, the Article addresses planning, focusing on environmentally sensitive planning that takes the needs of the surrounding region into account. Section 4.01. General Provisions. a) Creation of Departments. The city council may establish city departments, offices, or agencies in addition to those created by this charter and may prescribe the functions of all departments, offices, and No function assigned by this charter to a particular agencies. department, office, or agency may be discontinued or, unless this charter specifically so provides, assigned to any other. b) Direction by City Manager. All departments, offices, and agencies under the direction and supervision of the city manager shall be administered by an officer appointed by and subject to the direction and supervision of the manager. With the consent of council, the city manager may serve as the head of one or more such departments, offices, or agencies or may appoint one person as the head of two or more of them. Commentary. This section authorizes the city council to establish city departments, offices, and agencies. It neither enumerates the operating departments nor details their internal organization. It provides that the manager appoint, direct, and supervise the officer who administers city departments, thus precluding administration by a board or commission. The number of departments will vary in accordance with local needs as well as the distribution of functions among units of local government; for example, in some cases, cities or special districts will be responsible for services elsewhere performed by counties. An administrative code adopted by the council is the appropriate place for the details of departmental organization and operating rules and regulations; this allows for change without necessitating a charter amendment. In addition, many aspects of the internal organization of specific departments or divisions should be governed by administrative order rather than by council action. In a full service city, operating departments typically will include public works, parks and recreation, police, fire, health, library, water and other utilities. In large cities, public works may be subdivided into separate departments such as roads and streets, buildings, and sanitation. State law generally will prescribe the organizational arrangement for housing and urban renewal functions. The staff departments —such as finance, personnel, planning and law —likewise should be covered by the administrative code. To varying degrees, their organization may depend upon state law. For example, it may not be possible to provide for an integrated finance department which includes all aspects of finance administration. Instead it may be necessary to provide for a city assessor and tax collector. Section 4.02. Personnel System. a) Merit Principle. All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence. b) Merit System. Consistent with all applicable federal and state laws the city council shall provide by ordinance for the establishment, regulation, and maintenance of a merit system governing personnel policies necessary to effective administration of the employees of the city's departments, offices and agencies, including but not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in- service training, grievances and relationships with employee organizations. Commentary. The personnel provisions are designed to provide a flexible system which will encourage the development of competent staff. As personnel systems are increasingly controlled by state law and are subject to federal regulatory authority, the charter should not impose additional constraints and details affecting personnel administration. It should, however, strongly state the commitment to the merit principle. The Model states that commitment and calls on the council to provide, by ordinance, for the organization and procedures of the personnel system. It lists subjects that may be 27  i covered by personnel policies. Particularly in smaller jurisdictions, state law may cover some of these adequately, and their inclusion in the local ordinance could be unnecessary. W. Section 4.03. Legal Officer. a) Appointment. Alternative I There shall be a legal officer of the city appointed by the city manager as provided in § 4. 01( b). Alternative II There shall be a legal officer of the city appointed by the city manager subject to confirmation by the city council. Alternative III There shall be a legal officer of the city appointed by the city council. b) Role. The legal officer shall serve as chief legal adviser to the council, the manager shall represent the city in all legal and all city departments, offices and agencies, proceedings and shall perform any other duties prescribed by state law, by this charter or by ordinance. Commentary. Every municipality must have either a full -time or part-time legal officer, depending on the size of the city and the volume of legal problems. This officer normally will head the city's law department. Both the title and the precise nature of the legal officer's duties will depend on state law, local practice, and the organization of the court systems. Because of wide variations in local practice and state law, subsection ( a) provides three alternatives for who appoints the legal officer. Strong arguments can be made for Alternatives I and II. Proponents of Alternative I point out that the legal officer, as a city department head, should have the same relationship to the manager as other department heads. The manager and the manager' s top staff members, including the city attorney, serve as advisors to the council. Alternative II, which requires confirmation by the council, focuses on the special role of the legal officer as the city's must provide legal advice to the council and represent the council in legal attorney who proceedings. This means that the legal officer has a different relationship to the council than other department heads. Alternative III is included as an option, though not a preferred one. Subsection ( b) describes the role of the legal officer in advising and representing the city and its offices, departments, and agencies. Some communities allow the legal officer to represent, in W addition to the city, individual officers, and agencies in legal proceedings. For example, the charter of the Town of Avon, Connecticut,