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

Page 8 of 8 such system the following: 1. All elected officials of the city. 2. The chiefs and superintendents of all departments and divisions of the city, including specifically, without limitations, the city manager, municipal judge, any member of,a city board or council by whatever name known, the city tax collector, the city tax assessor, the city clerk, the city health officer, the city attorney and the city building inspector. 3. Part -time employees of the city. 4. Persons of a professional nature, such as attorneys, engineers, certified public accountants,physicians and the like, serving the city under contract, either full or part time. 5. Those employees who, by the terms of this Charter, or by the terms of ordinances passed by the city under the powers granted in this Charter, are excluded from membership in such civil service system. B) Before becoming effective, the ordinance setting forth the terms and conditions of the plan shall be submitted to and approved by a majority of the qualified electors of the city, voting either at a general or special election called for that purpose. In the event of the approval of the plan by a majority of such voters, amendments may be made thereto without submission to such electors, provided that before such amendment becomes effective it shall be passed by an ordinance approved by a vote of five -sevenths of the city council. 34) To establish, own, operate, manage and control airports, either within or without the city limits and to establish such ordinances as may be consistent with the law regulating the operating of airports by others, and the flight of aircraft over the city. 35) To do all acts which may be necessary to prevent the erosion of beaches and waterways within the limits of the city and to assess the cost against the property deemed to be specially benefitted by such work and for this, as well as for other purposes consistent with the powers hereby granted, to create taxing districts within the city limits, dividing the city into such districts suitably designated and within said district to conduct work of a local nature imposing the cost thereof upon the property whichthe council shall have determined to have been specially benefited thereby, in accordance with the special assessment proceedings as far as the same may be applicable. 36) Repealed. Laws of Fla. ch. 63- 1667, § 1; Laws of Fla. ch. 67- 1734, § 1; Laws of Fla. ch. 70 -819, §§ 2, 3) Editor's note: Parts of this section which have not been amended by referendum after July 1, 1973, and which are not extraterritorial powers have been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F. S. ch. 166. State law references: Municipal home rule powers, F.S. ch. 166; special assessment procedures, F. S. ch. 170. 1/ 2/ 2008 http: / libraryl .municode.com/ default/DoeView /13804/ 1/ 4/ 5 ARTICLE 2. THE COUNCIL* Page 1 of 3 ARTICLE 2. THE COUNCIL* State law references: Code of ethics, F. S. § 112. 311 et seq.; municipal home rule powers, F. S. ch. 166; open meetings, F.S. ch. 286. Sec. 2. 1. Number; selection; term. 1) The council shall consist of a mayor and six (6) councilmembers. 2) The mayor and councilmembers in office when this Charter becomes effective shall continue in office until the expiration of their respective terms. 3) Beginning with the general municipal election to be held in 2008, a mayor shall be elected from the qualified electors of the city for a period of four (4) years, or until his successor is duly elected at a general municipal election as provided herein. No person elected as mayor shall be eligible for reelection as mayor for the term immediately succeeding his or her second full consecutive term as mayor. 4) At each election to be held under this Charter, three ( 3) councilmembers shall be chosen. The three ( 3) candidates receiving the highest number of votes shall hold office for four (4) years. Thereafter, councilmembers shall be elected at each general municipal election, as provided herein, to fill the seats of the councilmembers whose terms then expire. No person elected as a councilmember shall be eligible for reelection as councilmember for the term immediately succeeding his second full consecutive termas councilmember. Ord. No. 84 -4518, § 1, 8 -1 - 1984; Ord. No. 86 -5021, § 1, 6 -18- 1986111 -4 -1986; Ord. No. 91 - 6407, § 2, 6 -19 -1991; Ord. No. 05- 10814, § 1, 4 -20 -2005) Sec. 2. 2. Induction into office; meetings of council. Editor's note: This section has been editorially transferred to the Code of Ordinances as certain provisions of a charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F. S. § 166. 021( 5). This section is sections 2 -31, 2- 32, 2 -51, 2 -52, and 2 -54 through 2 -56 in the Code of Ordinances. Sec. 2. 3. Vacancies in office of mayor or councilmembers. Vacancies in the office of the mayor or councilmember shall be filled by a special election for the unexpired term to be called by the city cleric upon a resolution adopted by the council, and held within sixty ( 60) days of such vacancy, unless such vacancy occurs within one ( 1) . year of a general election for the election of city officers, in which event such vacancy may be filled by the council until the next election. Whenever any incumbent office holder ceases to possess the qualifications prescribed by this act, the council, by a majority vote of its members, may declare such office vacant and proceed to fill such vacancy by the holding of a general election or by appointment as herein provided. . Ord. No. 91 -6407, § 4, 6 -19 -1991) 1/ 2/ 2008 http:/Ilib-rmyl.mumcode.com/default/DocView/13804/ l/4/6 ARTICLE 2. THE COUNCIL* Page 2 of 3 Sec. 2.4. Presiding officer; mayor; vice -mayor. The mayor shall preside at the meetings of the council and shall have a voice and vote in its proceedings. He will be the liaison officer between the' city council and the city manager and city attorney at all times except when the council is in session. His instructions to the city manager and city attorney shall have the effect of a council decision except where disapproved by the city council in regular or special session. He shall be recognized as head of the city government and by the governor for purposes of military law. The council shall, at the first regular meeting after each general municipal election, elect one of its own members vice- mayor. The vice -mayor shall, in the absence or disability of the mayor, have all of the powers and prerogatives and shall perform all of the duties of the mayor. The vice -mayor shall hold office until the first regular meeting after the next general municipal election following his election by the council. Laws of Fla. ch. 61 -2523, § 1; Ord. No. 4042, § 1, 6 -16 -1982) Sec. 2.5. Salary [of mayor and council; holding other city office prohibited]. 1) The salary of the mayor shall be twenty -three thousand five hundred dollars ($ 23,500. 00) per year, payable in equal monthly installments. The salary of each of the councilmembers shall be sixteen thousand five hundred dollars ($ 16, 500.00) per year, ' payable in equal monthly installments. The mayor or councilmembers may individually elect to reject all or any part of their salary. No member of the city council, including the mayor, shall hold any other office in the city government except as herein provided. 2) From time to time, but in no event less often than every four ( 4) years, [ the] city council shall appoint an independent, " Blue Ribbon" committee, consisting of seven ( 7) Naples residents, for the purpose of studying and making recommendations to the council on the level of compensation and benefits for the mayor and councilmembers. The first committee shall be appointed no later than February, 1997. If, at any time, the council takes action to change the level of compensation, the salary for the members then sitting on [ the] council shall be adjusted beginning on the first day following the next ensuing regular municipal election. The " Blue Ribbon" committee, provided for herein, shall make its recommendation to the council no later than three ( 3) months prior to the date of the next regular municipal election. Laws of Fla. ch. 70 -819, § 5; Ord. No. 2460, § 1, 5 -19 -1976; Ord. No. 3796, § 1, 7 -1 - 1981; Ord. No. 85 -4687, § 1, 3 -6 -1985; Ord. No. 86 -5079, § 1, 9 -3 -1986; Ord. No. 91 -6407, § 5, 6 -19 -1991; Ord. No. 92 -6813, § 1, 12 -2 -1992; Ord. No. 00 -8750, § 1, 1 - 5 -2000; Ord. No. 05- 11012, § 1, 10 -19 -2005) Sec. 2. 6. Interest. No councilmember shall be excused from voting upon any matter coming before [ the] council except where such matters involve the consideration of his own official conduct, or where his financial interests are involved, in which case he shall be disqualified from voting. Ord. No. 91 -6407, § 6, 6- 19 -1991) Editor's note: The provisions of F. S. § 112.3143(3) would apply to abstaining from voting on matters that would inure to the special private gain of a local public official and requires certain disclosure. State law references: Voting conflicts and disclosure, F. S. § 112. 3143. Sec. 2. 7. Reserved. http:/Illbraryl.municode.com/default/DoeView/ l 3804/ 1/ 4/ 6 1/ 2/ 2008 ARTICLE 2. THE COUNCIL* Page 3 of 3 Editor' s note: Ord. No. 2975, § 1, adopted May 17, 1978, specifically amended the Charter by repealing section 2. 7, which had pertained to ordinances and effective dates. The section had been derived from Laws of Fla. ch. 59 -1598, § 2. 7, and Laws of Fla. ch. 70 -819, § 6. Sec. 2.8. Posting. Editorially deleted.) Editor' s note: This section has been editorially, deleted as a limitation on the exercise of certain home rule powers in a charter adopted prior to July 1, 1973, and not subsequently amended by referendum which have been repealed or converted to ordinances by operation of F. S. § 166. 021( 4). State law references: Uniform minimum procedure for the adoption of ordinances, F. S. § 166. 041. Sec. 2. 9. Effective date of ordinances. Editor's note: This section was editorially transferred to the Code of Ordinances as certain provisions of a charter adopted prior to July 1, 1973, and not subsequently