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

they may coordinate efforts of their departments to achieve the greatest possible savings through the most efficient and sound means available. c) Holding other office. No former elected city official shall hold any compensated appointive city office or employment until one year after the expiration of the term for which the official was elected. d) Relinquishing city property. The city shall not relinquish any right that it has in real property, a road right -of w - ay or easement of public streets without a public notice and a public hearing. Ord. No. 1232 -86, exhibit A, § 2, 10- 14 -86) Sec. 3.07. Vacancies, forfeiture of office, standard of conduct, filling of vacancies, emergency succession, procedure of forfeiture. . a) Vacancies. The office of the mayor or a city councilmember shall become vacant upon death,resignation, forfeiture of office or removal from office in any manner authorized by law. Such forfeiture to be declared by the remaining members of the city council or upon the assumption of duties of another office pursuant to section 3. 07( d)( 1). L' I http:// Iibraryl. municode.com/default/DoeView/ I1650/ l/4/ 7 1 / 2/ 2008 ARTICLE III. LEGISLATIVE* Page 3 of 5 b) Forfeiture of office. A councilmember shall forfeit that office if the councilmember: 1) lacks at any time during the term of office for which elected any qualification for the office prescribed by this charter or by law, 2) violates any express prohibition of this charter, 3) is convicted of a crime involving moral turpitude, or 4) fails to attend three consecutive regular meetings of the city council without being excused by the city council. c) Standard of conduct. The public officials and employees of the City of Venice are governed by the Florida Code of Ethics ( F. S. § 112. 311 et seq., as amended) and by those additional standards of conduct that are or may be adopted by the City of Venice. Violation of any provisions of such codes of ethics or standards of conduct in addition to any criminal penalty involved shall, pursuant to the applicable constitutional and statutory procedures, constitute grounds for and may be punished as provided by general law. d) Filling of vacancies. 1) In the event of a vacancy in the office of mayor, the vice -mayor shall assume the duties of mayor until the next regular city council meeting at which time the city council shall appoint a mayor from amongst its members. The appointed mayor shall serve until the next municipal election when a mayor shall be elected to serve a three year term of office; the acting mayor shall then resume his or her seat on the city council for his or her remaining unexpired term. The vacancy created by the appointment of themayor shall be filled by appointment by the city council for the duration of that vacancy. 2) Vacancies in the office of city council shall be filled by the city council_with any qualified resident so appointed to serve until a successor is elected at the next regular municipal election or special election earlier called for that purpose. A person elected in such election will serve the remaining unexpired term of the city councilmember whose vacant office is being filled. 3) If a vacancy is not filled by the city council within 30 days after the vacancy occurs, a special election shall be held within 60 days after such a vacancy occurs; and the person so elected shall serve the remaining unexpired term of office. No time served in an appointed status or while acting or serving an interim position in any office as an elected official shall be included in computing the length of any official' s term of office. e) Emergency succession. The city council shall adopt by ordinance, a plan for emergency succession. f) Procedure of forfeiture. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the city at least one week in advance of the hearing. Decisions made by the city council under this section shall be subject to judicial review. Ord. No. 1232 -86, exhibit A, § 3, 10- 14 -86; Ord. No, 99 -3, § 2, 1- 26 -99; Ord. No. 2006 -36, § 2, 8 -22- 06) Sec. 3. 08. City clerk. a) Appointment and qualifications. The mayor shall appoint a city clerk, with the advice and consent of the city council, who shall serve at the pleasure of and for such compensation as determined by the city council. The city clerk shall be appointed solely on the basis of professional qualifications. http:// libraryl. municode.com/ default/DocView/ I 16501114n 1/ 2/ 2008 ARTICLE 111. LEGISLATIVE* rage 4 of 5 b) Duties.The city clerk shall be head of the department of records and custodian of all official of the city and shall be responsible to the city council for the proper records administration of all affairs concerning the records of the city placed under the city clerk's authority and shall: 1) Perform such duties as may be prescribed by law, by the citycharter, by ordinances of the city and by direction of the city council. c) Appointment of deputy city clerks. The city clerk may appoint such deputy city clerks as may be necessary to efficiently carry out the city clerk's duties. The appointment of any such deputy city clerk shall be presented to council in the form of a written resolution subject to a majority vote of council. Such appointment must be of record before the signature of any such deputy city clerk shall be effective. d) Direction and supervision. The city clerk shall direct, supervise and administer all the employees of the clerk's department provided by charter, ordinance, resolution, rules and regulations of the city, or by general law. Ord. No. 1232 -86, exhibit A, §§ 4, 5, 10- 14 -86; Ord. No. 99 -3, § 2, 1- 26 -99) Sec. 3. 09. Procedure. a) Meetings. The city council shall meet regularly at least once in every month at such times and places as will encourage and permit attendance, by the greatest number of city residents. Special meetings may be held on the call of the mayor or of a majority of the councilmembers. All meetings shall be public except as exempted by state law. b) Rules and journal. The city council shall determine and adopt its own rules and order of business by ordinance. However, in the absence of a rule, Robert's Rules of Order ( latest edition) shall govern. The city council shall keep written minutes of all regular and special meetings which shall be a public record and which shall be open for inspection by the public. c) Voting. Voting on ordinances and resolutions shall be recorded in the minutes of all meetings. A total of four persons, with or without the mayor, shall constitute a quorum. A smaller number may convene from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed in the rules of the city council. Four affirmative votes shall be required to approve a contract, to pass a resolution or for the final adoption of an ordinance. Ord. No. 1232 -86, exhibit A, §§ 6, 7, 10- 14 -86) State law references: General procedure for passage of ordinances or resolutions, F. S. § 166. 041; authority to specify additional requirements, F.S. § 166.041( 6); public records act, F.S. ch. 119; open meetings law, F. S. § 286.011. Sec. 3. 10. City attorney. a) Appointment and qualifications. The mayor shall appoint the city attorney, with the advice and consent of the city council, who shall serve at the pleasure-of and for such compensation as determined by the city council. The city attorney shall be a member of the Florida Bar. b) Duties. The city attorney shall perform such legal duties as requested by the city council. Sec. 3. 11. Reserved. t/ ve4, A http:// libraryl.municode.com/ default/DoeView/ I 1650/ 1 /4 /7 1/ 2/ 2008 ARTICLE III. LEGISLATIVE* Page 5 of 5 Editor's note: Ord. Rio. 2006 -36, § 2, adopted Aug. 22, 2006, repealed section 3. 11 in its entirety. Former section 3. 11 pertained to the finance director, and derived from Ord. No. 1232 -86, exhibit A, 8, adopted Oct. 14, 1986. http:// Iibraryl. municode.com/ default/DocView/ l 1650/ 1/ 417 1/ 2/ 2008 ARTICLE IV. ADMINISTRATIVE Page 1 of 2 ARTICLE IV. ADMINISTRATIVE Sec. 4. 01. City manager. There shall be a city manager who shall be the chief administrative officer of the city and who shall be responsible to the city council for the administration of all city affairs placed in charge of the city manager by or under this charter. Sec. 4. 02. Appointment, qualifications, compensation, removal. a) Appointment, qualifications, compensation. The mayor shall appoint the city manager with the advice and consent of at least five members of the city council. The city manager shall be appointed for an indefinite period. The city council shall fix the compensation of the city manager. The city manager shall be appointed solely on the basis of executive and administrative qualities, training and experience. The city manager shall reside inside the city limits while in office. b) Removal. The city council may remove the city manager at any time, by a majority vote of all members of city council. 1) When the city manager is removed he or she shall be compensated for such benefits as he or she may have accumulated under the City of Venice current personnel regulations and policies including such prior notice of intended termination as may be in effect at that time. 2) If the city manager has been employed by the city for a period of 24 consecutive months and if by a majority vote of all members of city council a decision to remove the city manager for other than just cause has been adopted, then the city council shall authorize the payment of three months current salary beginning with the last day worked as severance pay plus any accrued benefits due under the City of Venice current personnel regulations and policies. Notwithstanding this provision, the City of Venice and the city