Fort Walton Beach Council agenda — 03-18-08 workshop agenda - charter review — reading text

recall the Protocol Guide having any comments about expelling a member, it is simply a reprimand censure issue and that can be done by Roberts Rules by a simple majority of the body, so she did not see a conflict with the six members. The question was raised whether expulsion is for the rest of a particular meeting or expulsion off Council. The City Attorney stated it could be for either but if they were completely expelling a member from the body then -they would have to ask the Governor to remove them from office. She believed the parliamentarian has the right to discharge someone from a meeting because they are misbehaving. There were no changes for Section 7. Section 8 Quorum; compelling attendance of members The question was raised on the statement that an affirmative vote of a majority of the members elected to the council shall be necessary to adopt any ordinance, resolution, order or vote; and the question on the definition of order or vote. Section 8 was identified for discussion at the final workshop. 1 Emergency Ordinances It was mentioned that emergency ordinances is not covered in the Charter. The City Attorney expressed her thought that if they add much more about emergency ordinances they would have to be for very specific issues because the idea would be in the State of an Emergency, there is an emergency operation that kicks in and the Mayor has some authority and the City Manager has emergency authority as well,, then actions are taken by Council. She said they could clarify those issues by ordinance at this point because they already have an emergency operations ordinance. The City Manager added there. is also an emergency operation for expenditure of funds and a ratification process, so they may be able. to clarify it though an ordinance rather than the Charter. 16 2 -19 -08 Council Workshop Section 12 Investigations of transactions of departments and officials It was commented that the mayor may order an investigation but it does not give the Mayor the power to spend money to do it, and it was questioned how there can be an investigation without spending money. It was noted if there is a suggestion to change the Charter to include funding, that should be reviewed. later; but the City Attorney provided. an opinion that it is within the purview, that If the Mayor is authorized to have an authorization then it is presumed that the funding will be available. There were no changes for Section 12. The Mayor opened the floor for public input on Title I or Title 11 of the Charter that has been discussed. No one wished to speak In response to the request for clarification on the direction that will be taken on the issues raised, the Mayor stated the City Manager will summarize the issues addressed and will -bring' to Council at a special meeting- to- vote on whether or not they want to make `any language changes. The City Manager stated that Council will receive a revised matrix for the next meeting. ADJOURNMENT There being no further business, the meeting adjourned at 6:50 p.m. APPROVED: MAYOR: ATTEST: CITY CLERK ddm  Attachment 2 City of Fort Walton Beach Charter TITLE III. ADMINISTRATION Page 1 of 2 1 TITLE III. ADMINISTRATION Section 13. City manager; acting manager; assistant manager; appointment, qualifications and salary. The council is hereby authorized to appoint from time to time a city manager who shall be the administrative head of the municipal government, who shall be responsible for the efficient administration of all departments, and who may be the head of the department or departments as the council may by ordinance provide. He shall be chosen on the basis of his executive and administrative qualifications. He may or 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 from 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 another person, not a member of the city council, to act for the city manager during his absence or sickness, or during such vacancy, and the person so appointed may, during the absence, sickness or vacancy of the city manager, act for him and perform all his duties, and all such acts of the person so appointed shall be as valid as though performed by the city manager. The council is limited to the appointment of an acting city manager to two consecutive terms of ninety ( 90) days each at the end of which time it shall be mandatory that the council appoint a fulltime city manager who meets the qualifications hereinabove set forth. Section 14. City manager; responsibility; powers of appointment and removal. The city manager shall be responsible to the council for the proper administration of all affairs of the city in his charge, and to that end, subject to such civil service provisions as may be provided for by ordinance and except as otherwise provided herein, he shall have the power to appoint and remove all officers and employees in the administrative service of the city, and the manager may authorize the head of a department or office responsible to him to appoint and remove, with the same limitations, subordinates in such department or office. Appointments made by or under the authority of the city manager shall be on the basis of the executive and administrative ability and of the training and experience of the appointee in the work which he or she is to perform. All such appointments shall be without definite terms unless for temporary service not to exceed sixty ( 60) days. Section 15. Removal of officers and employees; civil service employees; procedure. Officers and employees appointed by the city manager, or under his authorization, may be removed by him, or by the officer by whom appointed, at any time. In case the employee is a member of civil service by reason of the provisions of any ordinance providing therefor, the procedure for removal shall be as provided in such ordinance. Section 16. Council not to interfere in appointments or removals; violation a misdemeanor; forfeiture of office. Neither the council, nor any of its committees or members, shall direct or request the appointment of any person to or his removal from office by the city manager or any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the city. Except for the purpose of inquiry, the council and its members shall deal with that portion of the administrative service for which the manager is responsible solely through the manager, and neither the council nor any member thereof shall give orders to any subordinate of the city either publicly or privately. Any violation of the provisions of this section by a member of the council shall be a misdemeanor, conviction of which shall immediately cause the forfeiture of the office of the member so convicted. 3/ 14/ 2008 http:// Iibraryl. municode. com/ default/DocView/ 14222/ l/ 3/ 6 TITLE III. ADMINISTRATION Page 2 of 2 Section 17. Duties of manager. It shall be the duty of the city manager to act as chief conservator of the peace within the city; to supervise the administration of the affairs of the city; to see that the ordinances of the city and laws of the state are enforced; to make recommendations to the council concerning the affairs of the city as may seem desirable; to keep the council advised of the financial condition and future needs of the city; to prepare and submit to the council the annual budget estimate; to prepare and submit to the council such reports as may be required by that body; and to perform such other duties as may be prescribed by this charter or required of him by ordinance or resolution of the council. Section 18. Manager' s and officer's right to participate in council meetings. The city manager, the directors of all departments, and such other officers of the city as may be designated by vote of the council, shall be entitled to take part in all discussions of the council relating to their respective departments and offices. Section 19. Administrative departments. There shall be such departments, boards and authorities as may be established by ordinance for the purposes of carrying out the legal, financial, public safety, public service and welfare functions of the city. The council may change any department, board, authority or office by ordinance and may prescribe, distribute or discontinue the functions and duties of departments, boards, authorities and offices so established. Additional functions and duties may be assigned by ordinance to departments, boards and authorities established by this charter, and departments, boards and authorities may be discontinued or the functions thereof changed by ordinance. Section 20. Departments to be supervised by a director. At the head of each department there shall be a director who shall have the supervision and control thereof. Each director, with the consent of the manager, shall have power to prescribe rules and regulations, not inconsistent with this charter and the ordinances passed pursuant thereto, for the conduct of the officers and employees of the department of which he is in charge and for the custody of the books, papers and property under its control. The city manager may act as the director of any one or more departments if the city council should so provide by ordinance. Fort Walton Beach, Florida/CODE OF ORDINANCES City of FORT WALTON BEACH, FLORIDA Codified through Ord. No. 1746, enacted Nov. 13, 2007. ( Supplement No. 2)NOLUME I CHARTER / TITLE Ill. ADMINISTRATION 3/ 14/ 2008 http:// Iibraryl. municode. com/default/DocView/ 14222/ l/ 3/ 6  Attachment 3 Excerpt from National Civic League " Model Charter"  M oda Article III. City Manager. C- Section 3. 01. Appointment; Qualifications; Compensation. The city council by a majority vole of its total membership shall appoint a city manager for an indefinite term and fix the manager's compenstion. The city manager shall be appointed solely on the basis of education and