Fort Walton Beach Ordinance — 1789 amend city charter sec 53 to Remove Recorder position — reading text

REAf)ING DA1'g 1st 2nd ORDINANCE 1789 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY AND INTENT; AMENDING SECTION 53 OF THE CITY CHARTER TO REMOVE ARCHAIC AND INAPPLICABLE PROVISION THAT WAS NULLIFIED AND REPEALED BY THE HOME RULE POWERS ACT OF 1973; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: Section 1. Authority a. Pursuant to the authority of the Home Rule Powers vested in the City through section 2{ b), Article VIII of the Florida Constitution and further through section 166. 021 of the Florida Statutes ( 2007), the City has the governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law. b. Section 166. 021( 4) of the Florida Statutes, adopted in 1973, specifically provided that " Any other limitation of power upon any municipality contained in any municipal charter enacted or adopted prior to July 1, 1973, is hereby nullified and repealed." c. Section 15 of the City Charter was originally adopted in 1953 and has not been readopted since the effective date of the Home Rule Powers Act in 1973. d. The City Council finds that the language in section 53 regarding Council appointment of a " recorder"is archaic, obsolete, and subject to repeal by ordinance of the City Council. e. Therefore, the City Council finds that section 53 of the City Charter should be revised to remove the archaic and inapplicable position of recorder. Section 2. Amendment of Section 53 of the City Charter Pursuant to the authority of section 166.021 (4) of the Florida Statutes, the City Council hereby amends section 53 of the City Charter to formally repeal and remove language as follows: 10f2 1789 - charter recorder.doc  Section 53. City officers; appointment and compensation. The city council shall appoint the city clerk, and the city attorney, the finance director :1nd the recorder. All other appointed officers and employees shall be appointed selected by the city manager. The council shall fix, by resolution, the compensation of the city manager, the mayor, the city clerk, and the city attorney, the finance director :1nd the recorder. The city manager shall fix the salaries or compensation of all other officers and employees. Section 3. Effective Date This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. 02~ &~ f IUk~. c/~ dopt Mike Anderson, Mayor Attest: Approved for form and legal sufficiency. I( New language is underlined. Deleted language is striskeR. Codification Instructions: Section 2 amends section 53 of the City Charter as stated. Sections 1 and 3, not codified. 20f2 1789 - charter recorder.doc i-< n~ ~ TONI LCRAIG OFFICE ADDRESS: ATTORNEY AT LAW 10Slewis St e t~ Fort Walton Beach Fl 32547 l) CE'f1., .' 1M PHONE: ( 850) 243-6969 aty, County, local Government law MAIUNG ADDRESS: FAX: ( 850) 2~ 29 PO Box 2917 E- MAIL: tooiaaig@cox. net Fort Walton Beach A.. 32549 WEB SITE: www. tonia g.info 6 January 2009 To: Mayor & Council CC: City Manager City Clerk Finance Director Memorandum of Opinion #3 Re: Charter Review The City Council reviewed the City Charter over a series of meetings, and there are two pending issues for Council consideration. At the September 16, 2008, Council workshop, Council discussed further review of Section 53, to determine the proper form of amendment to remove the " recorder" from that section and to change the reporting relationship of the finance director to the City Manager. At the November 18 Council meeting, Council authorized me to seek an opinion from the Florida Attorney General regarding amendment of Section 53. The Attorney General has opined that because the positions of city clerk, finance director and city attorney are appointed positions that the restrictions against amendment of the Charter contained in section 166. 021, Florida Statutes, are not impliCated. Therefore, Council can amend section 53 to remove the " finance director" and the " recorder" by ordinance and without a referendum. I have drafted two ordinances to accomplish these amendments. First, Ordinance 1789 deletes the obsolete " recorder" position. Second, Ordinance 1790 deletes the finance director as an officer appointed by Council and the archaic finance procedures in sections 21, 22, and 23. It establishes parameters for the finance director's role in section 4.01. 01 of the Code of Ordinances. If anyone has a question, please call me. Thank you. CCdni ~ 6> ra:if ! t4 ou c:\ A..  v[ r FLOtJ Daily Leg~:tl5588;,::" : News ClTY' OF FORT VvALTON ' BEACH, FLORIDA ,. .. NOTICE OF PUBLIC HE~' NG......... Published Daily A PUBLIC ill be held : o~ thE! HEARIN3< ~ Fort Walton Beach, Florida following! oPos~ rJ .. ordinance ~ at. I ~~ 90, 'p. m, f, on: Tue~day, i Distributed in Okaloosa, Santa Rosa & Walton Counties g~2)~!iVg~ ! Walto.n . B..eac,".' City~ l07~,Mlracle. ~ tr!p- Pdfk~ fIi'~y;. S~ ounclVwdl at ,~~! h time! c. Halrl State of Florida e, ,.' \.:- It~". a~ cem;:! j'g, optioll':~into J