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

occurs or exists in the office of mayor the vice -mayor shall become mayor for the completion of the unexpired term of the former mayor. In the temporary absence of the mayor and vice -mayor the remaining councilmembers shall select a mayor pro tempore. In the event that there is neither a mayor nor a vice -mayor sitting on the council, then the council shall select a mayor to serve in that capacity until the nextelection. A mayor or vice -mayor designate may refuse such office or once in office may resign from such office and remain on the council as a member. Ord. No. 86 -01, § 2, 1 - 7 -1986; Res. No. 86 -06, 3 -12 -1986; Ord, No. 2003 -10, § 4, 4 -1 - 2003) http:// libraryl .municode.com /default/DocView /l 1654/ 1/ 3/ 5 1/ 212008 ARTICLE II. CITY COUNCIL Page 2of3 Section 2. 05. General powers of city council. All powers of the city shall be vested in the city council except those powers specifically given to the Charter officers or specifically reserved by this Charter to the electors of the city. Section 2. 06. Council -employee relationship. Neither the city council nor any of its members shall in any manner dictate the appointment or removal of any city employee except the Charter officers nor shall the council or any of itsmembers give orders to any employee other than council orders to a Charter officer. The council or its members shall deal on all matters through the appropriate Charter officer. Section 2. 07. Vacancies, filling of vacancies. a) Vacancies. The office of councilmember shall become vacant in accordance with general law or if a councilmember is absent from four consecutive regular council meetings without being excused by council prior to the fourth consecutive absence. b) Filling of vacancies. A vacancy on the council shall be filled by a majority vote of the remaining members of the council, unless at the time of the vacancy there is less than six months remaining before the next regular election of city councilmembers, in which case the council shall have the discretion to leave the seat vacant until the next regular election of city councilmembers. Any person appointed by council to fill a vacancy shall hold office until the next regular election of city councilmembers. If at any time the membership of the council is reduced to less than a quorum, the remaining member or members may by majority vote appoint additional members in conformity with this section or shall call for a special election to be held within 60 days from the date of the vacancy which reduced the council to less than a quorum. In the event that all seats on the council become vacant, the governor shall appoint an interim council which shall serve until the next regular election. Ord. No. 2003 -10, §§ 2, 4, 4 -1 - 2003) Section 2.08. City council meetings. a) Time and place. The council shall meet regularly at least once a month at such times and places as the council may prescribe by rule. Special meetings may be held at the call of the mayor, or, in his absence, at the call of the vice- mayor, or at the request of a majority of the councilmembers; and, whenever practicable, shall provide for not less than 24 hours' notice to each member and the public. The first meeting of the council after each election shall be held at ten o' clock in the morning on the day following the election for induction of newly -elected councilmembers into office. b) Quorum. A majority of the council shall constitute a quorum. No action of the council, except as provided in section 2. 07 shall be valid unless adopted by the affirmative vote of at least three members of the council. c) Voting. Voting on ordinances and resolutions shall be by roll call and shall be recorded by the city clerk in the journal. d) Rules. The council shall determine its own rules and order of business. Ord. No. 2003 -10, §§ 3, 4, 4 -1 - 2003) V" rte. http:// libraryl .municode.com/ default/DoeView /11654/ 113/ 5 1/ 2/ 2008 ARTICLE I.I. CITY COUNCIL Page 3 of 3 Section 2. 09. Referendum required. Unless specifically authorized to do so by one or more local binding referendum elections, the City of Vero Beach shall not on beaches owned by or within the municipal limits of the City of Vero Beach, directly or indirectly, expend tax dollars from whatever source ( Iocal, state or federal) on beach restoration that involves the. direct or indirect placement of sand on the beach except in the amount necessary to protect life or property during storms or other natural disaster. Res. No. 89 -19, 3 -15 -1989) VtA, o http:// Iibi-aryI. municode.com/default/DocView/ 11654/ l/3/ 5 1/ 2/ 2008 ARTICLE UI. CHARTER OFFICERS Page 1 of 2 ARTICLE III. CHARTER OFFICERS Section 3. 01. Designation. The city manager, city clerk, and city attorney are designated Charter officers, Section 3. 02. Appointment. The Charter officers shall be appointed by the council and shall serve at the pleasure of the council subject to the provisions of section 3. 03 of this article. Section 3. 03. Removal. To remove a Charter officer, the council shall adopt a preliminary resolution stating reasons for the intended removal and shall offer the Charter officer an opportunity for a public hearing before the council on the matters raised by the resolution. This preliminary resolution may also suspend the Charter officer from duty immediately with pay. The Charter officer must accept the offer of a public hearing or file a written response within ten days of the adoption of the preliminary resolution or the resolution becomes final at the expiration of this ten -day period and the Charter officer is terminated on that date. If the public hearing is requested it shall be held not earlier than 20 days nor later than 30 days after the adoption of the preliminary resolution. After any such public hearing, or after consideration of any written response, the council shall adopt a final resolution of removal or let the preliminary resolution lapse. Section 3. 04. City manager --Powers and duties. The city manager when necessary shall appoint, suspend, demote, or dismiss any city employee under his jurisdiction in accordance with law and the personnel rules, and may authorize any department head to exercise these powers with respect to subordinates in that department. The city manager shall direct and supervise the administration of all departments of the city except the offices of city clerk and city attorney and shall attend all council meetings unless excused by council and shall have the right totake part in discussions, but not vote. He shall see that all laws, Charter provisions, ordinances, resolutions, and other acts of the council subject to enforcement by him are faithfully executed, and he shall act as the city's director of emergency management with all of the authority of that position either granted by the city's emergency management plan, the city council, state law, city or county ordinance. The city manager shall also prepare and submit the annual budget, budget message, and capital program to the council, and shall keep the council fully advised as to the financial condition and future needs of the city, and shall make such recommendations to the council concerning the affairs of the city as he deems desirable. The city manager shall designate a qualified city employee to exercise the powers and perform the duties of city manager during any temporary absence or disability of the city manager. The council may revoke such designation at any time and appoint another eligible person, otherthan a currently sitting councilmember, to serve as acting city manager. Ord. No. 2003 -10, § 4, 4 -1 - 2003; Ord. No. 2005 -14, § 2, 11 - 29 -2005) Section 3. 05. City clerk --Powers and duties. Ali. o 4_e . http:// libraryi.municoae. com/default/DocView/ I 1654/ 1/ 3/ 6 1/ 2/ 2008 ARTICLE III. CHARTER OFFICERS Page 2 of 2 The city clerk shall give notice of all city meetings to the councilmembers and the public as required by law and shall attend all such meetings in person or by designee and shall keep minutes of the proceedings. The city clerk shall authenticate by signature and be custodian of this Charter, all ordinances, resolutions, and other city documents and shall perform such other duties as required by law or by the council. The city clerk shall be the supervisor of elections for the city. The city clerk when necessary shall appoint, suspend, demote, or dismiss any employee in the office of the city clerk in accordance with law and the personnel rules of the city. The city clerk shall prepare annual budgets for the operation of the office of the city clerk and the city council and shall submit these budgets to the city manager for inclusion in the annual city budget in accordance with uniform city procedures. Ord. No. 2003 -10, § 4, 4 -1 - 2003) Section 3. 06. City attorney --Powers and duties. The city attorney shall be a member of the Florida Bar and shall be the legal advisor to the City of Vero Beach. The city attorney or his designee shall attend all city council meetings and perform such professional duties as may be required of him by law or by the council. The city attorney when necessary shall appoint, suspend, demote, or dismiss any employee in the office of the city attorney in accordance with law and the personnel rules of the city. The city attorney shall prepare an annual budget forthe operation of the office of the city attorney and shall submit this budget to the city manager for inclusion in the annual city budget in accordance with uniform city procedures. A&" j. http:// Iibraryl. municode.com/default/DocView/ I 1654/ 1/ 3/ 6 1/ 2/ 2008 ARTICLE IV. ELECTIONS' Page 1 of 2 ARTICLE IV. ELECTIONS* State law references: Florida Election Code, F. S. chs. 97 - 1 - 06. Section 4.01. Electors. Any person who is a resident of the city, who has qualified as an elector of this state, and who registers in the manner prescribed by law shall be an elector of the city. Section 4. 02. Nonpartisan elections. All elections for the office of city councilmember shall be conducted on a nonpartisan basis without any designation of political party affiliation. Ord. No. 2003 -10, § 4, 4 -1 - 2003) Section 4. 03. Qualifying. Candidates for office of city councilmember shall qualify by filing a written notice of candidacy with the city clerk at such time and in such manner as may be prescribed by ordinance. Ord. No. 2003 -10, § 4, 4 -1 - 2003) Section 4.04. Form of ballots. The city council shall prescribe the form of the ballot by ordinance including the method of listing candidates for city council election. A Charter or ordinance amendment to be voted on by the electors of the city shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice and