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HomeMy WebLinkAbout1999 07 26 Informational Item A COMMISSION AGENDA ITEM A Consent Informational X Public Hearing Regular July 26, 1999 Meeting ~ Mgr. / Dept. Authorization REQUEST: The City Manager requests the City Commission discuss who the City Clerk's Office is directly responsible to; in addition to considering Resolution Number 740 which establishes the rules for the conduct of its business. (This Item was previously scheduled for the Regular Meeting of July 12, 1999, but was postponed to this date). PURPOSE: The purpose of this agenda item is to discuss whom the City Clerk reports to; in addition to reviewing the content of Resolution Number 740 which establishes the rules for the conduct of its business. CONSIDERATIONS: The City Clerk of the City of Winter Springs is appointed to this position by the Mayor, with ratification by the Commission. Regarding this position, it is noted under Section 4.10. City Clerk, of the Charter of the City of Winter Springs that the City Clerk performs "such other duties as are assigned to him by this Charter or by the Commission". Under Article V. City Manager, of the Charter of the City of Winter Springs, specifically Section 5.03.(2) states that "he shall direct and supervise the administration of all departments, officers and agencies of the city except as otherwise provided by this Charter or by law. CITY OF WINTER SPRINGS JULY 12, 1999 INFORMATIONAL AGENDA - AGENDA ITEM PAGE 2 of3 The City Commission approved Resolution Number 740, "establishing certain rules for the conduct of its business". All of the cities in Seminole County were polled regarding who the City Clerk reports to, and the following information was received: · City of Altamonte Springs: The City Clerk reports to the Conmlission. · City of Casselberry: The City Commission appoints City Clerk, who "shall serve at the pleasure of, and shall be under the direction and control of, the City Commission". . City of Longwood: Commission, and Administrator. The City Clerk reports directly to the works In conjunction with the City . City of Oviedo: After a revision to the Charter, which provided for a City Manager form of government; the City Clerk reports to the Assistant Manager, per the City Manager. · City of Lake Mary: The City Clerk is appointed by the City Manager, approved by the Commission, and performs "such other duties as are assigned by this Charter, the City Manager, the City Commission or by law. · City of Sanford: "The Commission shall appoint, direct and supervise an officer of the city who shall have the title of city clerk.. . and perform such other duties as are assigned by this charter or by the Commission. Resolution Number 740 was established to permit the City Manager to direct and authorize the day to day workings of the City personnel. FUNDING: None Required. CITY OF WINTER SPRINGS JULY 12, 1999 INFORMA TIONAL AGENDA - AGENDA ITEM PAGE3of3 ST AFF RECOMMENDATION: Staff recommends the Commission review the attached information, including Resolution Number 740, in terms of who should direct the work of the City Clerk, and other personnel employed by the City of Winter Springs. ATT ACHMENTS: A. Resolution Number 740 B. Section 4.10. City Clerk of the Charter ofthe City of Winter Springs C. Article V. City Manager of the Charter of the City of Winter Springs D. Written Opinion from Counsel to the City of Winter Springs COMMISSION ACTION: r ( c ATTACHMENT "A" ., RESOLUTrON NO. 740 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING CERTAIN RULES FOR THE CONDUCT OF ITS BUSINESS; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City Commission'. is desirous of providing efficient City municipal government for the citizens of Winter Springs, Florida; and WHEREAS, the City Commission has decided that the adoption of certain rules for the conduct of its business will facilitate more efficient City government; NOW THEREFORE, BE IT ORDAINED BY urn CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, as follows: 1. That pursuant to Section 4.13 of the City Charter, City Commission, City of Winter Springs, Florida, theMayor and members of the City Commission for the City agree that unless an emergency exists, any request for a workshop shall be made at one of the regularly scheduled monthly commission meetings and held only on the call of three (3) or more members and whenever practicable upon no less than twelve (12) hours notice to each member. . 2. That unless an emergency exists, the Mayor and City Corrunissioners agree that the cfl,.l\ing of a City Commission meeting, special, workshop or otherwise, shall occur at a regular scheduled monthly meeting of the City Commission. 3. That neither the Mayor nor any member of the City Corrunission shall individually direct the City Manager, or any employee of the City or consultant engaged by the City, to either perform any act or refrain from performing any act. Any request for performance of an act or non- performance of an act by the City Manager, City Attorney or City Clerk shall be by affirmative vote or consensus of the City Commission. Any request for information from City employees should be made through the City Manager. Any request for action by any City department or any of its members shall be by affirmative vote of the City Commission requesting same of the City Manager. 4. That no employee of the City (excluding the City Manager and City Clerk) shall perform any act or refrain from performing any act unless authorized to do so by the City Manager or his designee. CrTY OF WINTER SPRINGS 7~ /YJ~r~ ATTEST: City Clerk CHARTER and necessarily incurred in the performance of their duties of office and said reimbursement for expenses shall be established by resolution. .' :\, / Section 4.05. Mayor. The mayor shall act and serve as chairman of the city commission, shall be the chief executive officer of the city, shall preside at its meetings, shall be recognized as head of the city govern- ment for all ceremonial purposes and be the gov- ernor for purposes of military law. Additionally, the mayor shall have the responsibility of the administrative duties of the city manager in the event the city commission does not appoint a city manager, unless otherwise provided in this char- ter. The commission shall elect from among its members a deputy mayor who shall act as mayor during the absence or disability ofthe mayor, and if a vacancy occurs, shall become mayor for the remainder of the unexpired term, or until the first municipal election after the vacancy occurs, whichever shall occur first. If a municipal elec- tion is held prior to the expiration of a mayor's term of office, the electors of the city shall elect a new mayor to fulfill the remaining unexpired term of office. The mayor shall not vote except in case of a tie vote of the commission. Within ten (10) days after the adoption of any ordinance by the city com- mission, the mayor shall have the power to veto said ordinance and return it to the commission at the next regular meeting with a written message. It shall require four-fifths (4/5) vote of the city commission to pass the ordinance after the mayor's veto. Section 4.06. General powers and duties. All powers of the city shall be vested in the commission, except as otherwise provided by law or this Charter, and the commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. Section 4.07. Prohibitions; holding other office. Except where authorized by law, no commis- sioner shall hold any other city office or city em- ployment during the term for which he was elected to the commission. ATTACHMENT "B" ~ 4.10 Section 4.08. Vacancies; forfeitures of office; filling of vacancies. (a) Vacancies. The office of the commissioner or mayor shall become vacant upon his death, resignation, removal from office in any manner authorized by law or forfeiture of his office. (b) Forfeiture of office. A commissioner or mayor shall forfeit his office if he: (1) Lacks at any time during his term of office any qualifications prescribed by this Char- ter or by law; or (2) Violates any express prohibition of this Char- ter; or (3) Is convicted of a felony; or (4) Fails to attend three (3) consecutive regu- lar meetings of the commission without being duly excused by the commission. (c) Filling of vacancies. A vacancy in the com- mission shall be filled until the next regular elec- tion by the commission on a majority vote of all its remaining members. Section 4.09. Judge of qualifications. The commission shall be the judge of the elec- tion and qualifications of its members and of the grounds of forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require production of evi- dence. A member charged with conduct constitut- ing grounds for forfeiture of his office shall be so notified by certified mail and shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more news- papers of a general circulation in the city at least one week in advance of the hearing. Decisions made by the commission under this section shall be subject to review by the courts. Section 4.10. City clerk. The mayor shall appoint an officer of the city who shall have the title of city clerk and who shall be approved by the city commission. The city clerk shall give notice of commission meet- ings to its members and the public, keep the jour- nal of its proceedings and perform such other du- ties as are assigned to him by this Charter or by the commission. 7 .J'o,!~" CHARTER than one subject which shall be clearly expressed in its title. The enacting clause shall be "The City of Winter Springs hereby ordains. . . ." (b) Procedure. An ordinance may be introduced by any member at any regular or special meeting of the commission. Upon introduction of any or- dinance, it shall be read in its entirety; provided however the said reading may be by title only if all members of the city commission so vote. All ordinances shall be read twice, the second read- ing of any ordinance shall be by title only and shall follow the first by a minimum of ten (10) days; provided however, this requirement may be waived by a unanimous vote of all five (5) mem- bers of the commission. All ordinances shall be posted in the city hall for thirty (30) days after their first reading. (c) Effective date. Except as otherwise provided in this Charter, every adopted ordinance shall become effective at the expiration of thirty (30) days after adoption or at any date specified therein. Section 4.16. Authentication and recording; codification. The mayor and the city clerk shall authenti- cate by their signatures all ordinances and reso- lutions adopted by the city commission and the city clerk shall record in full in a properly in- dexed book kept for that purpose all such ordi- nances and resolutions. ARTICLE V. CITY MANAGER Section 5.01. Appointment; qualifications, compensation. The commission may appoint a city manager for an indefinite term and fix his compensation. The manager shall be appointed solely on the basis of his executive and administrative qualifi- cations. In the event the commission does not appoint a city manager, the administrative du- ties of the manager shall be the responsibility of the mayor unless otherwise provided in this Charter. Section 5.02. Removal. The commission may remove the city manager by motion of the city commission requiring four ATTACHMENT "e" 9 5.03 (4) affirmative votes; the city manager shall re- ceive thirty (30) days' severance pay in all such cases. Section 5.03. Powers and duties of the city manager. The city manager shall be the chief adminis- trative officer of the city. He shall be responsible to the commission for the administration of all city affairs placed in his charge by or under this Charter. He shall have the following powers and duties: (1) He shall appoint and when he deems it necessary for the good of the service, sus- pend or remove all city employees and ap- point administrative officers provided for, by or under this Charter except as other- wise provided by law, this Charter, or per- sonnel rules adopted pursuant to this Char- ter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's de- partment, office or agency. (2) He shall direct and supervise the adminis- tration of all departments, officers and agen- cies of the city except as otherwise provided by this Charter or by law. (3) He shall attend all commission meetings and shall have the right to take part in discussions but may not vote. (4) He shall see that all laws, provisions of this Charter and acts of the commission subject to enforcement by him or by offi- cers subject to his direction and supervi. sion are faithfully executed. (5) He shall prepare and submit the annual budget and capital program to. the com- mission. (6) He shall submit to the commission and make available to the public a complete report on the finances and administrative activities of the city at the end of each fiscal year. (7) He shall make such other reports as the commission may require concerning the op- erations of city departments, officers and agencies subject to his direction and superViSIOn. 9 !\ 5.03 WINTER SPRINGS CODE (8) He shall 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 affairl?Qf I the city as he deems desirable. (9) He shall perform such other duties as are specified in this Charter or may be required by the commission. Section 5.04. Acting city manager. By letter filed"with the commission, the man- ager shall designate, subject to approval by the commission, a qualified city officer to exercise the powers and perform the duties of manager during his temporary absence or disability. During such absence or disability 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 disability shall cease. ARTICLE VI. ADMINISTRATIVE DEP ARTMENTS Section 6.01. [Power of commission to es- tablish.) The commission may establish city departments, officers or agencies in addition to those created by this Charter and may prescribe the functions of all departments and agencies. . Section 6.02. City attorney. There shall be a city attorney appointed by the mayor and approved by the city commission, who shall represent the city in all legal proceedings and shall perform all other duties assigned to him by the city commission. ARTICLE VII. FINANCIAL PROCEDURE Section 7.01. Fiscal year. The fiscal year of the city shall begin on the first day of October and end on the last day of September. State law reference-Fiscal year mandate, F.S. !\ 218.0:32. Section 7.02. Submission of budget and bud- get message. On or before the first day of July of each year, the city manager shall submit to the commission a budget for the ensuing fiscal year and an ac- companying message. Section 7.03. [Contents of budget.) The budget shall provide the complete finan- cial plan of all city funds and activities for the ensuing fiscal year. Section 7.04. Commission action on budget. (a) Notice and hearing. The commission shall publish in one or more newspapers with a general circulation in the city, the general summary of the budget and a notice stating: (1) The times and places where copies of the message and budget are available for in- spection by the public; and (2) The time and place, but not less than two (2) weeks after such publication for a pub- lic hearing on the budget. (b) Amendments before adoptiorL Mter the pub- lic hearing the commission may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any program or amounts, except expenditures required for debt service or for estimating cash deficit, provided that no amend- ment to the budget shall increase expenditures to an amount greater than the total of estimated income. (c) Adoption. The commission shall adopt the budget on or before the fifteenth day of Septem- ber of each year. (d) Except as otherwise provided by state law. Editor's note-Subsection 7.04(dl, as ratified by referen- dum on Nov. 3, 1981, contained no text. State law reference-Procedure for adoption of budget, F.S. !\ 200.065. Section 7.05. Public records. Copies of the budget and the capital program as adopted shall be public records and shall be made available to the public at suitable places in the city; 10 (~'".. ..' '."~A ..~.. ( \ \.. ATTACHMENT "D" LAW OFFICES FRANK KRUPPENBACHER, P.A. A Professional Association Frank Kruppenbachero Robert D. Guthrie P.O. Box 3471 Orlando, Florida 32802-3471 105 E. Robinson Street, Suite 201 Orlando, Florida 32801-1622 Telephone (407) 246-0200 Facsimile (407) 426-7767 · Also Admiued in Colorado To: From: Date: July 12, 1999 Subj: City Clerk I was asked to respond to the following question: Ouestion: Under the City Charter, to whom does the City Clerk report to on a day-to-day basis? Response: Section 4.10 of the City Charter reads as follows: Section 4.10 - City Clerk "The mayor shall appoint an officer of the city who shall have the title of city clerk and who shall be approved by the city commission. The city clerk shall give notice of commission meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned to him by this Charter or by the commission." The Clerk is appointed by the Mayor and the appointment is approved by the City Commission. The Clerk is assigned certain tasks under the Charter (see below) and tasks assigned by the Commission. Page 1 of2 It is my opinion that this last phase means those tasks assigned by the Commission as a whole, not as assigned by individual Commissioner's. The specific language relating to job requirements are that the Clerk "shall give notice of Commission meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned to him by this Charter or by the Commission." Other tasks assigned to the City Clerk are: authentication, recording and indexing, adopted ordinances and resolutions per Section 4.16 (Charter) and referenda requirements relating to voter initiated petitions pursuant to Section 9.02 (Charter), Section 9.04 (Charter), and Section 9.05 (Charter). The City Clerk or other City official has certain functions relating to the conducting of municipal elections and providing qualifying papers for candidates pursuant to State Law. The Commission has the authority to determine to whom the City Clerk responds on a day-to-day basis for administration purposes, if they so desire. This could be done by resolution. Page 2 of2 COMMISSION AGENDA ITEM A Consent Informational X Public Hearing Regular July 12, 1999 Meeting iZu,-/// Mgr. / Dept. Authorization REQUEST: The City Manager requests the City Commission discuss who the City Clerk's Office is directly responsible to; in addition to considering Resolution Number 740 which establishes the rules for the conduct of its business. PURPOSE: The purpose of this agenda item is to discuss whom the City Clerk reports to; in addition to reviewing the content of Resolution Number 740 which establishes the rules for the conduct of its business. CONSIDERATIONS: The City Clerk of the City of Winter Springs is appointed to this position by the Mayor, with ratification by the Commission. Regarding this position, it is noted under Section 4.10. City Clerk, of the Charter of the City of Winter Springs that the City Clerk performs "such other duties as are assigned to him by this Charter or by the Commission". Under Article V. City Manager, of the Charter of the City of Winter Springs, specifically Section 5.03.(2) states that "he shall direct and supervise the administration of all departments, officers and agencies of the city except as otherwise provided by this Charter or by. law. CITY OF WINTER SPRINGS JULY 12, 1999 INFORM A TIONAL AGENDA - AGENDA ITEM PAGE2of3 The City Commission approved Resolution Number 740, "establishing certain rules for the conduct of its business". All of the cities in Seminole County were polled regarding who the City Clerk reports to, and the following information was received: · City of Altamonte Springs: The City Clerk reports to the Commission. · City of Casselberry: The City Commission appoints City Clerk, who "shall serve at the pleasure of, and shall be under the direction and control of, the City Commission". . City of Longwood: Commission, and Administrator. The City Clerk reports directly to the works In conjunction with the City · City of Oviedo: After a revision to the Charter, which provided for a City Manager form of government; the City Clerk reports to the Assistant Manager, per the City Manager. · City of Lake Mary: The City Clerk is appointed by the City Manager, approved by the Commission, and performs "such other duties as are assigned by this Charter, the City Manager, the City Commission or by law. · City of Sanford: "The Commission shall appoint, direct and supervise an officer of the city who shall have the title of city clerk. . .and perform such other duties as are assigned by this charter or by the Commission. Resolution Number 740 was established to permit the City Manager to direct and authorize the day to day workings of the City personnel. FUNDING: None Required. CITY OF WINTER SPRINGS JULY 12, 1999 INFORM A TIONAL AGENDA - AGENDA ITEM PAGE 3 of3 ST AFF RECOMMENDATION: Staff recommends the Commission review the attached information, including Resolution Number 740, in terms of who should direct the work of the City Clerk, and other personnel employed by the City of Winter Springs. ATTACHMENTS: A. Resolution Number 740 B. Section 4.1 O. City Clerk of the Charter of the City of Winter Springs C. Article V. City Manager of the Charter of the City of Winter Springs D. Written Opinion from Counsel to the City of Winter Springs COMMISSION ACTION: r ( ( ATTACHMENT "A" \, RESOLUTION NO. 740 A RESOLUTION OF THE CITY OF WINTER SPRINGS. FLORIDA, ESTABLISHING CERTAIN RULES FOR THE CONDUCT OF ITS BUSINESS; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City Commission is desirous of providing efficient City municipal government for the citizens of Winter Springs, Florida; and WHEREAS, the City Commission has decided that the adoption of certain rules for the conduct of its business will facilitate more efficient City government; NOW THEREFORE. BE IT ORDAINED BY THE CITY CON1MISSION OF THE CITY OF WINTER SPRINGS. FLORIDA, as follows: 1. That pursuant to Section 4.13 of the City Charter, City Commission, City of Winter Springs, Florida, the Mayor and members of the City Commission for the City agree that unless an emergency exists. any request for a workshop shall be made at one of the regularly scheduled monthly commission meetings and held only on the call of three (3) or more members and whenever practicable upon no less than twelve (12) hours notice to each member. . 2. That unless an emergency exists, the Mayor and City Commissioners agree that the cgtHing of a City Commission meeting, special, workshop or otherwise, shall occur at a regular scheduled monthly meeting of the City Commission. 3. That neither the Mayor nor any member of the City Commission shall individually direct the City Manager. or any employee of the City or consultant engaged by the City, to either perform any act or refrain from performing any act. Any request for performance of an act or non- performance of an act by the City Manager, City Attorney or City Clerk shall be by affirmative vote or consensus of the City Commission. Any request for information from City employees should be made through the City Manager. Any request for action by any City department or any of its members shall be by affirmative vote of the City Commission requesting same of the City Manager. 4. That no employee of the City (excluding the City Manager and City Clerk) shall perform any act or refrain from performing any act unless authorized to do so by the City Manager or his designee. CITY OF WINTER SPRINGS f~ /YJ~r~ ATTEST: City Clerk -...-" ". and necessarily incurred in the performance of their duties of office and said reimbursement for expenses shall be established by resolution. / Section 4.05. Mayor. The mayor shall act and serve as chairman of the city commission, shall be the chief executive officer of the city, shall preside at its meetings, shall be recognized as head of the city govern- ment for all ceremonial purposes and be the gov- ernor for purposes of military law. Additionally, the mayor shall have the responsibility of the administrative duties of the city manager in the event the city commission does not appoint a city manager, unless otherwise provided in this char- ter. The commission shall elect from among its members a deputy mayor who shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs, shall become mayor for the remainder of the unexpired term, or until the first municipal election after the vacancy occurs, whichever shall occur first. If a municipal elec- tion is held prior to the expiration of a mayor's term of office, the electors of the city shall elect a new mayor to fulfill the remaining unexpired term of office. The mayor shall not vote except in case of a tie vote ofthe commission. Within ten (10) days after the adoption of any ordinance by the city com- mission, the mayor shall have the power to veto said ordinance and return it to the commission at the next regular meeting with a written message. It shall require four-fifths (4/5) vote of the city commission to pass the ordinance after the mayor's veto. Section 4.06. General powers and duties. All powers of the city shall be vested in the commission, except as otherwise provided by law or this Charter, and the commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. ( Section 4.07. Prohibitions; holding other office. Except where authorized by law, no commis- sioner shall hold any other city office or city em- ployment during the term for which he was elected to the commission. '-. ATTACHMENT "B" CHARTER 9 4.10 Section 4.08. Vacancies; forfeitures of office; filling of vacancies. (a) Vacancies. The office of the commissioner or mayor shall become vacant upon his death, resignation, removal from office in any manner authorized by law or forfeiture of his office. (b) Forfeiture of office. A commissioner or mayor shall forfeit his office if he: (1) Lacks at any time during his term of office any qualifications prescribed by this Char- ter or by law; or (2) Violates any express prohibition of this Char- ter; or (3) Is convicted of a felony; or (4) Fails to attend three (3) consecutive regu- lar meetings of the commission without being duly excused by the commission. (c) Filling of vacancies. A vacancy in the com- mission shall be filled until the next regular elec- tion by the commission on a majority vote of all its remaining members. Section 4.09. Judge of qualifications. The commission shall be the judge of the elec- tion and qualifications of its members and of the grounds of forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require production of evi- dence. A member charged with conduct constitut- ing grounds for forfeiture of his office shall be so notified by certified mail and shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more news- papers of a general circulation in the city at least one week in advance of the hearing. Decisions made by the commission under this section shall be subject to review by the courts. Section 4.10. City clerk. The mayor shall appoint an officer of the city who shall have the title of city clerk and who shall be approved by the city commission. The city clerk shall give notice of commission meet- ings to its members and the public, keep the jour- nal of its proceedings and perform such other duo ties as are assigned to him by this Charter or by the commission. 7 '<. ....r',..'.. ,~ than one subject which shall be clearly expressed in its title. The enacting clause shall be "The City of Winter Springs hereby ordains. . . ." (b) Procedure. An ordinance may be introduced by any member at any regular or special meeting of the commission. Upon introduction of any or- dinance, it shall be read in its entirety; provided however the said reading may be by title only if all members of the city commission so vote. All ordinances shall be read twice, the second read- ing of any ordinance shall be by title only and shall follow the first by a minimum of ten (10) days; provided however, this requirement may be waived by a unanimous vote of all five (5) mem- bers of the commission. All ordinances shall be posted in the city hall for thirty (30) days after their first reading. (c) Effective date. Except as otherwise provided in this Charter, every adopted ordinance shall become effective at the expiration of thirty (30) days after adoption or at any date specified therein. i \ Section 4.16. Authentication and recording; codification. The mayor and the city clerk shall authenti- cate by their signatures all ordinances and reso- lutions adopted by the city commission and the city clerk shall record in full in a properly in- dexed book kept for that purpose all such ordi- nances and resolutions. ARTICLE V. CITY MANAGER Section 5.01. Appointment; qualifications, compensation. The commission may appoint a city manager for an indefinite term and fix his compensation. The manager shall be appointed solely on the basis of his executive and administrative qualifi- cations. In the event the commission does not appoint a city manager, the administrative du- ties of the manager shall be the responsibility of the mayor unless otherwise provided in this Charter. ( \ Section 5.02. Removal. The commission may remove the city manager by motion of the city commission requiring four ATTACHMENT "c" CHARTER !i 5.03 (4) affirmative votes; the city manager shall re- ceive thirty (30) days' severance pay in all such cases. Section 5.03. Powers and duties of the city manager. The city manager shall be the chief adminis- trative officer of the city. He shall be responsible to the commission for the administration of all city affairs placed in his charge by or under this Charter. He shall have the following powers and duties: (1) He shall appoint and when he deems it necessary for the good of the service, sus- pend or remove all city employees and ap- point administrative officers provided for, by or under this Charter except as other- wise provided by law, this Charter, or per- sonnel rules adopted pursuant to this Char- ter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's de- partment, office or agency. (2) He shall direct and supervise the adminis- tration of all departments, officers and agen- cies of the city except as otherwise provided by this Charter or by law. (3) He shall attend all commission meetings and shall have the right to take part in discussions but may not vote. (4) He shall see that all laws, provisions of this Charter and acts of the commission subject to enforcement by him or by offi- cers subject to his direction and supervi- sion are faithfully executed. (5) He shall prepare and submit the annual budget and capital program to. the com- mission. (6) He shall submit to the commission and make available to the public a complete report on the finances and administrative activities of the city at the end of each fiscal year. (7) He shall make such other reports as the commission may require concerning the op- erations of city departments, officers and agencies subject to his direction and supervision. 9 € ... ~ 5.03 WINTER SPRINGS CODE (8) He shall 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 he deems desirable. (9) He shall perform such other duties as are specified in this Charter or may be required by the commission. Section 5.04. Acting city manager. By letter filed with the commission, the man- ager shall designate, subject to approval by the commission, a qualified city officer to exercise the powers and perform the duties of manager during his temporary absence or disability. During such absence or disability 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 disability shall cease. ARTICLE VI. ADMINISTRATIVE DEPARTMENTS Section 6.01. [Power of commission to es- tablish.] The commission may establish city departments, officers or agencies in addition to those created by this Charter and may prescribe the functions of all departments and agencies. Section 6.02. City attorney. There shall be a city attorney appointed by the mayor and approved by the city commission, who shall represent the city in all legal proceedings and shall perform all other duties assigned to him by the city commission. ARTICLE VII. FINANCIAL PROCEDURE Section 7.01. Fiscal year. The fiscal year of the city shall begin on the first day of October and end on the last day of September. State law reference-Fiscal year mandate, F.S. ~ 218.032. Section 7.02. Submission of budget and bud- get message. On or before the first day of July of each year, the city manager shall submit to the commission a budget for the ensuing fiscal year and an ac- companying message. Section 7.03. [Contents of budget.] The budget shall provide the complete finan- cial plan of all city funds and activities for the ensuing fiscal year. Section 7.04. Commission action on budget. (a) Notice and hearing. The commission shall publish in one or more newspapers with a general circulation in the city, the general summary of the budget and a notice stating: (1) The times and places where copies of the message and budget are available for in- spection by the public; and (2) The time and place, but not less than two (2) weeks after such publication for a pub- lic hearing on the budget. (b) Amendments before adoption. Mter the pub- lic hearing the commission may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any program or amounts, except expenditures required for debt service or for estimating cash deficit, provided that no amend- ment to the budget shall increase expenditures to an amount greater than the total of estimated income. (c) Adoption. The commission shall adopt the budget on or before the fifteenth day of Septem- ber of each year. (d) Except as otherwise provided by state law. Editor's note-Subsection 7.04(d), as ratified by referen- dum on Nov. 3, 1981, contained no text. State law reference-Procedure for adoption of budget, F.S. S 200.065. Section 7.05. Public records. Copies of the budget and the capital program as adopted shall be public records and shall be made available to the public at suitable places in the city, 10 C".V." ., . .A ( \ [' \ ~-- ATTACHMENT "D" LAW OFFICES FRANK KRUPPENBACHER, P.A. A Professional Association Frank Kruppenbacher' Robert D. Guthrie P.O. Box 3471 Orlando, Florida 32802-3471 105 E. Robinson Street, Suite 201 Orlando, Florida 32801-1622 Telephone (407) 246-0200 Facsimile (407) 426-7767 · Also Admitted in Co1omdo To: From: Date: July 12, 1999 Subj: City Clerk I was asked to respond to the following question: Question: Under the City Charter, to whom does the City Clerk report to on a day-to-day basis? RespOnse: Section 4.10 of the City Charter reads as follows: Section 4.10 - City Clerk "The mayor shall appoint an officer of the city who shall have the title of city clerk and who shall be approved by the city commission. The city clerk shall give notice of commission meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned to him by this Charter or by the commission." The Clerk is appointed by the Mayor and the appointment is approved by the City Commission. The Clerk is assigned certain tasks under the Charter (see below) and tasks assigned by the Commission. Page I of2 It is my opinion that this last phase means those tasks assigned by the Commission as a whole, not as assigned by individual Commissioner's. The specific language relating to job requirements are that the Clerk "shall give notice of Commission meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned to him by this Charter or by the Commission." Other tasks assigned to the City Clerk are: authentication, recording and indexing, adopted ordinances and resolutions per Section 4.16 (Charter) and referenda requirements relating to voter initiated petitions pursuant to Section 9.02 (Charter), Section 9.04 (Charter), and Section 9.05 (Charter). The City Clerk or other City official has certain functions relating to the conducting of municipal elections and providing qualifying papers for candidates pursuant to State Law. The Commission has the authority to determine to whom the City Clerk responds on a day-to-day basis for administration purposes, if they so desire. This could be done by resolution. Page 2 of2