Fort Walton Beach Council agenda — 02-19-08 workshop agenda — reading text

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 of the majority of the council then. s.itting. 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 which 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 which occur on the city council, or in the office of mayor, shall be filled by majority C vote of the council, but only until the next election held in the city. c) Whether or not the seat becoming vacant has been sworn into office, the appointment by a U 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 ward race who receives a majority of the 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 of that election shall fill the balance of the term of the seat in which 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 which there are elections of councilmen, the council shall meet in the council chamber of the city hail, and the newly 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 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 meetings in regard to any matter considered thereat. Notice may be waived by written waiver signed by all members. J Volume 1 - 4  CHARTER § 1.2 l 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 thereafter 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 of the 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 governor 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 of the police, maintain order and enforce the law. Section 7. General powers and rules of council. The council shall be the judge of the 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 affirmative 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. Sectiori 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 of the city government- 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 witnesses and Volume 1 - 5  12 FORM' WALTON BEACH CODE 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. 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 FortWalton Beach or the State of Florida. No member of the city council shall be appointed city manager. He shall receive such salary as maybe 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 fuiltime 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) C days. Volume I - 6  CHARTER § 19 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 director 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