Fort Walton Beach Council agenda — 02-12-08 regular agenda — reading text

Law, & communications between Council and Charter Officers. Mr. Hartwell stated his uncertainty on the distribution of a -mails between Council and Charter Officers; whether a Council member can communicate with a Charter Officer without the benefit of informing other members of Council. Mr. Hartwell also questioned whether it is proper for a councilman to place letters of commendation or reprimand in the files of a Charter Officer. The City Attorney advised the Attorney General has stated that Council can present position statements to each other and send it directly to other councilmembers. She further advised there is no protocol set by Council or no requirements in having Council correspond with the Charter Officers, it is the determination of the individual sending it. She continued if Council wants to distribute information they can, but it is the* back and forth between councilmembers that is not allowed. Mr. Minich received clarification from the City Attorney that even though the Attorney General' s opinion is that position statements can be sent, it is not encouraged. Further discussion was held regarding whether it is proper for a councilman to place letters of commendation or reprimand in the files of a Charter Officer. The City Manager stated it is a r; collective body that evaluates the Charter Officers, not an individual, and she believes that any letters of reprimand or commendation should be placed in her file as a collective body. The City Manager advised she has not spoken with the labor attorney or the City Attorney on this matter. It was also noted that letters of commendation differ from letters of reprimand; also, if an individual Councilman wanted a letter of commendation placed in the file of an employee, the City Manager would note in the employee' s file, but a letter of reprimand from a councilperson would not be noted in an employee' s file. Mr. Minich stated he would like the opinion of the City's labor attorney on the issue. The City Attorney stated the City Manager is correct in her statement, that the Council operates as a collective body, and that what goes into a personnel file may be an administrative policy established by the City Council when dealing with staff. The City Attorney stated it is her legal opinion that there are not any legal requirements that states what Council can or cannot do or whether a Charter Officer has a bad review it has to be put in or left out, it could be a policy of Council. She reminded that most everything the Charter Officers and Council do is public records, so the disclosure of that information is a different issue than the issues of the personnel records of City staff. Dr. Pullen noted there is a difference in a councilperson dealing with City staff as opposed to a Charter Officer, as Staff works for the City Manager and the Charter Officers work for the Council. Dr. Pullen stated it is not proper for him or any member of Council to criticize a staff member; that if he has a problem with an employee he will discuss the issue with the City Manager since that is' who Staff works for, and also the concerns will not become public record. Dr. Pullen made it clear he is very cautious on how he says things- when it comes to Staff members because he does not want any comments to be misconstrued. 296 1/ 22/ 08 Regular Council FUTURE AGENDA ITEMS ( CONT) The City Manager clarified that if permanent records are to be placed in the file of a Charter Officer, that if Council votes on an issue that is not a majority and she has to carry out the desire of Council, there is nothing, in that situation, for the councilperson in the minority to place a letter in her file singularly. The City Manager stated that is why submissions to a Charter Officer's file should be a collective issue. She noted it may be wise to review her contract regarding that issue, get the opinion of a labor attorney, or Council can develop a policy in that regard. explanation that any Mr. Minich advised he was satisfied with the City Attorney's communications is public record, and any concerns from a councilmember can be presented to her in a letter individually and does not have to be placed in a file. Mr. Hartwell stated he wanted the advice of a legal attorney as this is all about being legal, and or to happen to a he doesn' t want anything to happen to a Charter member that is not legal, councilmember that is not legal. The Mayor asked the City Attorney if she would form a letter to the City's labor attorney on this a review of the contracts of issue. The City Attorney received clarification that she should ask 1) the Charter Officers regarding this issue; 2) about Council placing letters into personnel records, whether it is commendation or reprimand. She also noted that a legal reprimand is something that has to come from the collective body. The City Attorney, advised she would present these questions /concerns to the City's labor attorney, Mr. Mattimore. Mr. Garvie discussed the Cinco Bayou annexation issue scheduled for a future agenda and his feeling that the pros and cons be presented to Council before it is discussed with Cinco Bayou. The City Manager advised that information can be conveyed to . Council via a staff report sometime in April, and will outline information for the Mayor to have when he meets with representatives of Cinco Bayou. In reference to when Council would need to have their review of the Charter completed in time for inclusion on the November ballot, Dr. Pullen notified he called the Supervisor of Elections The Mayor Office and was advised they would need the information by the first of August. stated that the election in March is when it was being considered; Dr. Pullen stated he just wanted to inform Council of that information. Dr. Pullen asked Council to think about, for placement on a future agenda, the possibility of reorganizing the City Staff to save money because of what may happen in references to taxes in the upcoming election. RES. 08- 05— COMMUNITIES FOR A LIFETIME INITIATIVE The Mayor read the resolution by title. RELATING TO THE A RESOLUTION OF THE CITY OF FORT WALTON -BEACH, FLORIDA, FLORIDA DEPARTMENT OF ELDER AFFAIRS' COMMUNITIES FOR A LIFETIME INITIATIVE; PROGRAM, AND PROVIDING SUPPORT FOR THE COMMUNITIES FOR A LIFETIME PROVIDING FOR AN EFFECTIVE DATE. Jeff Peters, Parks and Recreation Director, reported that a representative from the Department of Elder Affairs in Tallahassee addressed Council in November 2007 on the benefits of the City being designated a Communities for a Lifetime community, and Staff was asked to bring forward a resolution in support of that designation.  297 Regular Council 1/ 22/ 08 RES. 08 -05 ( CONT) Jackie Fleming, Manager of the Creative Senior Center, spoke in favor of the resolution. Mr. Miller moved to adopt Res. 08 -05. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. RES. 08- 06— ADOPTING POLICIES FOR. COLLECTION /USE - OF SOCIAL SECURITY NUMBERS The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ADOPTING POLICIES FOR THE COLLECTION AND USE OF SOCIAL SECURITY NUMBERS; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO REPORT COMPLIANCE WITH SECTION 119.071( 5) OF THE FLORIDA STATUTES; AND SETTING AN EFFECTIVE DATE. The City Manager advised State Statute requires the City to identify the purposes of collection of social security numbers, and that these reasons be given to the individuals whose numbers are These purposes include employment purposes, such as verification and being requested. background checks; public safety purposes for documentation for victims, witnesses, or employment candidate; information technology associated with police officer' s user ID for software on laptops and the Crimes Management Software; and business taxes if the individual does not have a federal tax identification number. The City Manager noted the City's policies were amended and social security numbers are no longer used on evaluations for employees, their employee ID number is used, or for individuals applying for a new water s / ewer account. The City Manager noted this resolution has been drafted and outlines these purposes, and asked for Council support of the resolution. The Mayor asked for public input. J. D. Taylor, 210 Gilmore Court, encouraged the City to be cautious on how they collect social such as coaches, etc., who are in public places security numbers from individuals /volunteers, and among a large amount of people. Mr. Miller moved to adopt. Res. 08 -06. Mr. Reeves seconded motion and it. carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. RATIFY COUNCIL ACTION OF DECEMBER 20, 2007 Ratification of Council action at the Emergency Meeting held on December 20, 2007. Mr. Miller expressed his concern regarding the legalities of the Emergency Meeting held on December 20, 2007, to discuss the withdrawal of funds from the SBA Account. He advised he has looked in the Florida Statutes and that he cannot find a definition for emergency meetings, and that the Statute referenced a procedure for adoption of ordinances and resolutions. Mr. Miller further advised the City Charter discusses special and regular meetings but does not define emergency meetings. Mr. Miller stated since this meeting was held after the original meeting that was published was cancelled, Council needs to ratify their actions of December 20, 2007. The City Attorney advised she drafted an e-mail to the City Manager stating it was her opinion that the City Council has the governmental, corporate and proprietary powers to conduct municipal government, perform municipal functions and render services. The meeting that was called was an emergency meeting and it was addressed at that time. The City Attorney informed that meetings cannot be cancelled if it seems like a quorum will not .be present; the meetings must be held because notice has been given and the public has the right