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

the special election or scheduled election. iii) ( Reserved) iv) A vacancy in any Residential Area seat shall be filled by a qualified person residing in the respective Residential Area. A vacancy in an At -Large seat 4) shall be filled by any qualified elector of the City. v) Persons filling vacancies shall meet the qualifications specified in this C -2. 5. vi) If no candidate for a vacancy meets the qualifications under this article for that vacancy, the Commission shall appoint a person qualified under this article to fill the vacancy, who shall serve until the next regularly scheduled election for the balance of the original term, but only after a public hearing and in addition to regular notice requirements, if such vacancy applies to a specific Residential Area, after 10 day mailed notice is given to all electors of that particular Residential Area. vii) Notwithstanding any quorum requirements established herein, if at any time the full membership of the Commission is reduced to less than a quorum, the remaining members may, by unanimous vote, appoint additional members to the extent otherwise permitted or required under this subsection ( c). viii) In the event that all members of the Commission are removed by death, disability, recall, forfeiture of office and/ or resignation, the Governor shall appoint interim Commissioners who shall call a special election within not less than 30 days or more than 60 days after such appointment. Such election shall be held in the same manner as the first elections under this Charter; provided, however, that if there are less than six months remaining in any of the unexpired terms, such interim Commission appointee( s) by the Governor shall serve out .the unexpired terms. Appointees must meet all requirements for candidates provided for in Article 2. C: 10 10- 15- 2005 S,( 0 7-_  C -2.5 CHARTER § C -2. 5 C -2. 6. Compensation; reimbursement for expenses. [ Amended 6 -3 -2004 by Ord. No. 2004 -2075] City Commissioners, including the Vice -Mayor, shall receive compensation in the amount of 1000 per month and the Mayor shall receive compensation in the amount of $1, 250 per month. Compensation provided herein shall be increased in accordance with the cost of living adjustment provided to employees of the City. Further, the Mayor and City Commissioners shall receive reimbursement for business expenses in accordance with applicable law, or as may be otherwise provided by ordinance. C -2.7. Recall. The electors of the City shall have the power to recall, and to remove from office any elected official of the City to the extent permitted by the Constitution and the laws of the State of Florida. The minimum number of electors of the City which shall be required to initiate a recall petition shall be 10% percent of the total number of electors of the City as of the preceding City election and shall be accomplished in accordance with the procedures set forth in § C -5. 2 hereinbelow. ARTICLE 3 ADMINISTRATIVE C -3. 1. City Manager. [Amended 7. 15 -2003 by Ord. No. 2003 -1741 There shall be a City Manager ( the " Manager") who shall be nominated by the Mayor and confirmed at the next Commission meeting by a majority of the Commission, including the Mayor for an indefinite term. The Manager shall be the chief administrative officer of the City and shall be appointed on the basis of his/her education, experience, executive and administrative qualifications. The Manager shall be responsible to the Mayor and the City Commission for the administration of all City affairs. The Manager shall be responsible for the administration of all departments and divisions of the City government ( except the City Attorney) and for carrying out policies adopted by the City Commission. The compensation and benefits of the City Manager shall be set by the City Commission. a) No Commissioner shall be eligible for appointment as City Manager during the term for which s/ he has been elected and until two years after its expiration. The City 6 Manager need not be a resident of the City. b) Removal. The Manager may be suspended with pay pending removal by a resolution approved by the majority of the total membership of the City Commission which shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the Manager. After full consideration, the City Commission by a majority vote of its total membership may 5 Editor' s Note: This ordinance passed at referendum 11 -2 -2004. 6 Editor' s Note: See also § C-4.2(c) for additional restrictions on appointive offices for former elective officers. C: 11 10- 15- 2005  C -3. 1 SUNNY ISLES BEACH CODE § C -3. 2 adopt a final resolution of removal. The Manager shall continue to receive full compensation until the effective date of a final resolution of removal. C -3. 2. Powers and Duties of the City Manager. The Manager shall: 1) Be responsible for the appointment, supervision and removal of all City employees except for the Office of the City Attorney and his/her staff; (Amended 7 -15 -2003 by Ord. No. 2003 -17471 2) Direct and supervise the administration of all departments and offices but not City boards or agencies, unless so directed by the Commission from time to time; 3) Attend all Commission meetings and have the right to take part in discussion but not the right to vote; 4) Insure that all laws, provisions of this Charter and acts of the Commission, subject to enforcement and/ or administration by him/ her or by officers subject to his/her direction and supervision, are faithfully executed; 5) Prepare and submit to the Commission a proposed annual budget and capital program; 6) Submit to the Commission and make available to the public an annual report on the finances and administrative activities of the City as of the end of each fiscal year; 7) Prepare such other reports as the Commission may require concerning the operations of City departments, offices, boards and agencies; S) Keep the Commission fully advised as to the financial condition and future needs of the City and make such recommendations to the Commission concerning the affairs of the City as s /he deems to be in the best interests of the City; 9) Perform such other duties as are specified in this Charter or as may be required by the Commission. C -3. 3. Acting City Manager. To perform his /her duties during his /her temporary absence, disability, or termination, the Manager may designate by letter filed with the Commission, a qualified City administrative officer to exercise the powers and perform the duties of Manager during his/her absence or disability. During such absence or disability, the Mayor, with the approval of the Commission, may revoke such designation at any time and appoint another officer of the City to serve until the Manager shall return or his/her disability shall cease. The Acting City Manager may be paid, as such, at the discretion of the City Commission, 7 Editor' s Note: This ordinance is retroactive to 6 -10 -2003, its date of passage at special election. C: 12 10 - 15 - 2005 I r-13 __  C-3. 2 CHARTER § C -3. 6 C -3. 4. Bond of City Manager. [ Amended 7 -15 -2003 by Ord. No. 2003 -17481 The City Manager shall furnish a fidelity bond or such other insurance instrument of comparable protection to be approved by the Commission, and in such amount as the Commission may fix, with either instrument to be conditioned on the faithful performance of his/her duties. The premium of the bond shall be paid by the City. C -3. 5. City Clerk. [Amended 7 -15 -2003 by Ord. No. 2003 -1741 The City Manager shall appoint a City Clerk ( the " Clerk "). The Clerk shall give notice of Commission meetings to its members and the public, shall keep the minutes of the City' s proceedings which shall be a public record, and is authorized to administer oaths, attest to the Mayor' s or Manager' s signatures, and shall perform such other duties as the City Manager may prescribe from time to time. The City Clerk shall report to the City Manager and may be removed by the City Manager. C -3. 6. City Attorney. The Mayor may nominate, and the Commission, including the Mayor, by majority shall confirm an individual attorney or a law firm to act as the City Attorney under such terms and conditions as may be established by the Commission, from time to time, consistent with this Charter. The City Attorney shall report to the Commission and, after full consideration, may be removed by a majority vote of the total membership of the Commission. C -3. 7. City Code of Administrative Regulations. The Manager shall maintain a City Code of administrative regulations. The Commission shall, by ordinance, establish appropriate procedures for reasonable notice and public comment on proposed administrative regulations prior to taking final action on the same. C -3.8. Expenditure of City Funds. No funds of the City shall be expended except pursuant to duly approved appropriations. C -3. 9. City Boards and Agencies. The Commission shall establish or terminate such boards and agencies as it may deem advisable from time to time. The boards and agencies shall report to the Commission. 8 Editor' s Note: This ordinance is retroactive to 6.10 -2003, its date of passage at special election. 9 Editor' s Note: This ordinance is retroactive to 6- 104003, its date of