Fort Walton Beach Council agenda — 04-10-2007 workshop agenda — reading text

TITLE" LEGISLA TIVE Section 4 Creation and composition of council Except as othelV' v' ise provided in this charter, all powers of the city shall be vested in a council of seven members, who shall be designated by a specific seat number and each of vvhom shall be elected by the qualified voters of the city at large. The term of all councilmen shall be for four ( 4) years, and an election shall be held each two ( 2) years for the purpose of electing members of the council as the terms expire. Until such elected members of the council shall take office, the present members of the council of the City of Fort Walton Beach shall continue in office until the expiration of their present terms of office. Members of the council shall be qualified electors of the city and shall not hold any other city, state or federal office, except that of notary public or member of the state militia or member of the reserve forces of the United States. A member of the council ceasing to possess any of the qualifications specified in this section or convicted of crime, while in office, shall immediately forfeit his office. Volume I - 3 Section 4A Limit on number of terms for city council No person shall be elected to the office of city council of the City of Fort Walton Beach for more than two consecutive full terms. However, this section shall not apply to any person holding the office of city council May 12, 1981, or to any person elected to take office during th e year 1981. Section 48 Filling vacancies in the city council or in the office of mayor a) In the event a vacancy occurs on the city council, or in the office of mayor, atter election of a person to fill the office concerned, the position shall be filled as follows: 1) If a person elected has not yet been sworn into office, the office shall not be filled until that person would ordinarily have been sworn in. The council taking its seat at the time that person would have been sworn in shall determine the successor, by majority vote. 2) If the person elected has been sworn into office, and if more than sixty 60) days remain before the next primary election to be held within the City of Fort Walton Beach, then that vacancy shall be filled by a vote ofthe majority ofthe council then sitting. 3) Prior to any appointment by council, nominations shall be accepted during at least the two ( 2) general meetings following creation of the vacancies. The city council shall appoint the person to fill the vacancy at the third regular meeting after the vacancy is created. Voting will be confined only to those persons who were nominated and discussed at either or both the public meetings at Vvhich nominations were accepted. 4) If fewer than sixty ( 60) days remain before the next primary election, no successor shall be appointed unless no one qualifies to run for the vacant position. b) All vacancies Vvhich occur on the city council, or in the office of mayor, shall be filled by majority vote ofthe council, but only until the next election held in the city. c) Whether or not the seat becoming vacant has been swom into office, the appointment by a majority of the council shall be for a period extending only until the beginning of the first regular meeting after a successor is chosen by election as provided herein. That seat shall be open for qualification in the next election beginning sixty ( 60) days before the first primary and ending thirty ( 30) days before the first primary. Those candidates qualifying for that position shall run in a nonpartisan election. The candidate in a particular group or \tVard race who receives a majority ofthe votes cast shall be elected to that position. In the event no candidate receives a majority of the votes cast, then the two ( 2) candidates with the highest number of votes will participate in a runoff to be held at the next primary election, or if none, at the general election. The winner ofthat election shall fill the balance of the term of the seat in Vvhich the vacancy occurred. Section 5 Regular and special meetings of council On the 'first day of July, 1956, and thereafter on the first day of April in the years in Vvhich there are election s of councilmen, the council shall meet in the council chamber of the city hall, and the neVllly elected members shall assume the duties of office. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, but not Volume I - 4 less frequently than twice each month. Special meetings shall be called by the clerk upon written request of the mayor, city manager or three members of the council. Any such notice shall state the subject or subjects to be considered. All meetings of the council and of the committees thereof shall be open to the public, and rules of the council shall provide that the citizens of the city shall have a reasonable opportunity to be heard at any such in meetings regard to any matter considered thereat. Notice may be waived by written waiver signed by all members. Section 6 Election of mayor and mayor pro tern; general duties of mayor The mayor shall be elected by the qualified voters of the city at large every four (4) years commencing July 1, 1981, and on the first day of April of every fourth calendar year thereafl:er. The mayor pro tem shall be chosen by and from the members of the council. In addition to the powers conferred on the mayor by this charter, he shall also have the rights, privileges and immunities of a member of the council except that he shall have the right to cast a deciding vote should any issue before the members ofthe city council end in a tie vote. He shall be subject to the same prohibitions against interfering with or suggesting to the city manager. The mayor shall preside at meetings of the council and shall also have the power and perform the duties conferred and imposed by the charter and the ordinances of the city. He shall be recognized as the head of the city government for all ceremonial purposes, by the courts for serving civil processes, and by the govemor for purpose of military law. In time of public danger or emergency the mayor shall, if so authorized and directed by vote of the council, take command ofthe police, maintain order and enforce the law. Section 7 General powers and rules of council The council shall be the judge ofthe election and qualification of its members and, in such cases, shall have power to subpoena witnesses and compel the production of all pertinent books, records and papers, but the decision of the council, in any case, shall be subject to review by the courts. The council shall determine its own rules and order of business and keep a journal of its proceedings. It shall have power to compel the attendance of absent members, may punish its members for disorderly behavior, and, by vote of not less than six ( 6) members, may expel a member for disorderly conduct or the violation of its rules, but no member shall be expelled unless notified of the charges against him and given an opportunity to be heard in his own defense. Section 8 Quorum; compelling attendance of members A majority of the members elected to the council shall constitute a quorum to do business, but a lesser number may adjourn from time to time to compel the attendance of absent members, in such manner and under such penalties as may be prescribed by ordinance. The affinnative vote of a majority of the members elected to the council shall be necessary to adopt any ordinance, resolution, order or vote, except that a vote to adjourn or regarding the attendance of absent members may be adopted by a majority of the members present. No member shall be excused from voting, except on matters involving the consideration of his own official conduct, or when his financial interests are involved. Volume I - 5 Section 12 Investigations of transactions of departments and officials The council, the mayor or any committee, duly authorized and appointed by council or the mayor to do so, may investigate the financial transactions of any office or department ofthe city govemment and the official acts of any city official, and by similar investigation may secure information upon any matter relating to the city's business. In conducting such investigations the council, the mayor or any committee duly appointed may require the attendance of IlVitnesses and production of books, papers and other evidence, and for that purpose may issue subpoenas which shall be signed by the presiding officer of the council, the mayor or the chairman of such committee, as the case may be, which may be served and executed by any policeman. TITLE III ADMINISTRA TION Section 13 City manager; acting manager; assistant manager; appointment, qualifications and salary The council is hereby authorized to appoint 1i"om time to time a city manager who shall be the administrative head of the municipal government, who shall be responsible for th e efficient administration of all departments, and who may be the head of th e department or departments as the council may by ordinance provide. He shall be chosen on the basis of his executive and administrative qualifications. He mayor may not be a resident of the City of Fort Walton Beach or the State of Florida. No member of the city council shall be appointed city manager. He shall receive such salary as may be fixed by council. The council is further empowered to appoint or designate an acting city manager from time to time and also to appoint or designate an assistant city manager 1i"om year to year or from time to time and either shall receive such salary as the council shall see fit. The city council shall have the authority to provide the duties of the post of assistant city manager or the acting city manager when the city manager is absent and cannot himself designate or prescribe the duties of the assistant city manager or the acting city manager, as the case may be. In case of sickness or absence of the city manager, or in the case of a vacancy in said office, the city council may appoint