HomeMy WebLinkAbout2009 02 16 Regular 600 Charter ReviewCOMMISSION AGENDA
ITEM 600
Informational
Consent
Public Hearings
Regular X
February 16. 2009
Workshop M r. / Dept.
Authorization
REQUEST:
The City Manager requests that the City Commission review this Agenda Item
related to a possible Charter Review.
PURPOSE:
This Agenda Item is being provided as requested by the City Commission and
requests the City Commission review the enclosed information and then offer
further direction on how to proceed with a possible Charter Review.
CONSIDERATIONS:
Information That Has Been Provided Thus Far:
Informational Agenda Item "102" from the January 12, 2009 City Commission
Regular Meeting as shown in Attachment "A".
Regular Agenda Item "605" from the January 26, 2009 City Commission Regular
Meeting as shown in Attachment "B". (This Agenda Item included a copy of the
City's Charter).
4 Members of the City Commission requested copies of Charters from around the
State and on February 4, 2009, 46 Charters were provided to them. (Attachment -
"C" shows a list of which Charters were provided to these Commissioners).
CITY OF WINTER SPRINGS, FLORIDA
CITY COMMISSION
WORKSHOP -FEBRUARY 16, 2009
REGULAR AGENDA ITEM "600"
PAGE 2 OF 3
4 Members of the City Commission also requested copies of Chapter 2 from the
Florida League of Cities' Florida Municipal Officials Manual (which includes
information related to Charters and Municipal Government). This document is
provided again in Attachment "D".
Who We Have Contacted:
Ms. Lynn Tipton, Membership Director for the Florida League of Cities:
Please note her comments as provided in the Agenda Item from the January 26,
2009 City Commission Regular Meeting, as shown in Attachment "B ".
The City Clerks for the Florida cities of Gainesville, Sarasota, and Tallahassee as
suggested by Lynn Tipton:
The only City that responded was Mr. Kurt Lannon, from the City of Gainesville,
and the information he provided can be found in Attachment "E ".
Our City Clerk sent out an inquiry to 87+ municipalities (affiliated with the
Florida Association of City Clerks) in this part of the State, asking for any
suggestions regarding holding a Charter Review Process:
The responses our City Clerk received are noted under Attachment "F".
Suggestions From The Mayor/City Commission To Be Considered During A
Charter Review Process:
Charter Review Committee:
^ Preference for Citizen Review Committee (with the Commission's interest
in communicating better with citizens, that citizens should be involved)
^ Votes versus Consensus during the Charter Review Committee
^ What would be the best process
^ How many Meetings should be held
^ Facilitator
Charter Changes To Possibly Consider As Suggested By Mayor John F. Bush and
Members of the City Commission:
^ There is no defined process for modifying the Charter
^ The time frame from Election Day to installment of Elected Officials is
longer than it probably should be
^ Departments under the Management of the City Commission
^ Charter Officers
^ Charter Officers also working for the Mayor
^ The Mayor being part of the City Commission
^ Others?
CITY OF WINTER SPRINGS, FLORIDA
CITY COMMISSION
WORKSHOP -FEBRUARY 16, 2009
REGULAR AGENDA ITEM "600"
PAGE 3 OF 3
RECOMMENDATION:
The City Commission is requested to review the information in this Agenda Item
and discuss their preferences as to how they wish to proceed.
ATTACHMENT
«A»
City of Winter Springs
Regular Meeting January 12, 2009
011209_COMM_Informational_Agenda_Item_ 102_City_Charter
Page 1 of 1
COMMISSION AGENDA
Consent
Informational X
ITEM 102 Public Hearing
Regular
January 12. 2009
Regular Meeting
Authorization
REQUEST: City Manager Providing the Commission with Information Regarding the City
Charter.
PURPOSE: This agenda item is needed to respond to the City Commission's request regarding
the City Charter.
CONSIDERATION:
At the December 8, 2008 City Commission Meeting the Commission requested information
regarding the City Charter.
On August 8, 2000 the City Commission passed Resolution Number 2000-27 establishing a
Charter Review Process.
The City Charter was fully rewritten and updated, and approved by the voters by more than a
two to one margin on September 4, 2001.
Based upon feedback received, the overwhelming support of the new Charter was in large part a
result of the carefully drafted amendment process that included the assistance of one of the
most highly experienced charter consultants in the country, and the broad base of public input
that highly suggested that the Charter Process was not a power play by a handful of people with
a personal agenda. Finally, utilization of the Model Municipal Charter written by the National
Civic League gave the process considerable credibility. The Model Charter is the "Bible" for
municipal charters. It is utilized by the predominant number of municipalities and municipal
consultants throughout the Country.
FUNDING: Not applicable at this time
RECOMMENDATION: This agenda item is for informational purposes only.
ATTACHMENTS:
a) Model Charter Overview
b) August 28, 2000 Regular Agenda Item "B" and Attachments
COMMISSION ACTION:
MODEL CITY CHARTER
SEVENTH EDITION
National Civic League
NATIONAL
CMC
LEAGUE
FOREWORD
It is in the 102nd year of the National Civic League's (NCL) service to America's
communities that we present the third printing of the seventh edition of the Model City
Charter. The seventh edition was originally published ninety yeazs after the
Committee on Municipal Program of the National Municipal League' completed its
report containing the first model charter which was approved at the League's annual
meeting, November 17, 1899. Each of the successive editions has been the work of a
committee of distinguished individuals with wide knowledge and experience in
municipal government. We thank them!
The Model Charter Revision Committee for the seventh edition was appointed on
October 19, 1985. The new edition of the Model was approved by the National Civic
League's Boazd in February 1989. The committee was chaired by Terrell Blodgett,
Mike Hogg Professor of Urban Management, LBJ School, University of Texas, and
chairman of the National Civic League in 1986 and 1987. The revision project was
coordinated by William N. Cassella, Jr., League executive director, 1969-1985 and
coordinator for the last edition of the Model. The drafting consultant was Frank P.
Grad, director of the Legislative Drafting Research Fund of Columbia University.
It was evident as this latest revision effort began that the basic legal text of the sixth
edition had stood the test of the last twenty years, providing a solid base for the new
edition. During the revision process special attention was given to basic policy issues,
particularly the issue of representation. Since publication of the last edition, the
structure of representation in local governing bodies has been subjected to litigation
based upon the "equal protection" doctrine of the United States Constitution and
standazds provided in the Voting Rights Act. The National Civic League's research on
local representation provided a firm base for considering the issue.
From the outset it was agreed that the Model should continue its endorsement of the
council-manager plan of municipal government and should address issues which have
been raised within the context of the plan. A special liaison committee was appointed
by the International City Management Association to assist the project. The liaison
committee was chaired by Donald F. McIntyre, former City Manager of Pasadena,
California.
Name changed co National Civic League (NCL) in 1986.
111
An issue which received particulaz attention was that of political leadership and the
role of the mayor in council-manager cities. At the 1986 annual conference of the
American Society for Public Administration a special session was held on "The Role of
the Mayor in the Council-Manager Plan" with a major presentation by James H. Svaza
of the University of North Carolina, Greensboro, who has continued as the revision
project's advisor on this issue.
At each stage of the revision process, a working paper was prepared by the project
staff for distribution to NCL's Model Charter Revision Committee, the ICMA Liaison
Committee, and a panel of advisors including political scientists, public administration
consultants, and individuals representing the National League of Cities, National
Association of Counties, Chamber of Commerce of the United States, League of
Women Voters, American Planning Association, Government Finance Officers
Association and International Public Personnel Association.
The National Civic League's Model Charter Revision Committee: Terrell Blodgett,
chairman, Austin, Texas; Eazl Blumenauer, Portland, Oregon; Thomas J. Clark, Long
Beach, California; Wayne A. Corpening, Winston-Salem, North Cazolina; John C.
Crowley, Pasadena, California; R. Scott Fosler, Chevy Chase, Maryland; Randy H.
Hamilton, Berkeley, California; Robert A. Kipp, Kansas Ciry, Missouri; Liane
Levetan, Atlanta, Georgia; Gail Levin, Dayton, Ohio; John R. Miller, New York,
New York; Tom Moody, Columbus, Ohio; Bruce I. Petrie, Cincinnati, Ohio; Arlyne
Reichert, Great Falls, Montana; Jeanne Richman, Scazsdale, New York; Joseph
Robbie, Miami, Florida; George R. Schrader, Dallas, Texas; Noel Taylor, Roanoke,
Virginia; E. Robert Turner, Boulder, Colorado; David B. Walker, Storrs, ,,
Connecticut; David I. Wells, New York, New York; Richazd Wilkey, Des Moines,
Iowa; Jack D. Wickwire, San Francisco, California; and Fay H. Williams,
Indianapolis, Indiana.
The International Ciry Management Association's Liaison Committee for the Model
Charter Revision Project: Donald F. McIntyre, chairman, Pasadena, California; Mazk
K. Achen, Grand Junction, Colorado; Lazry J. Brown, Hillsborough County, Florida;
Ernest R. Clazk, Bryan, Texas; William M. Costick, Farmington Hills, Michigan;
Eugene H. Denton, Johnson County, Kansas; David J. Krings, Peoria County, Illinois;
J. Thomas Lundy, Catawba County, North Carolina; Claude D. Malone, Jr.,
Montgomery County, Ohio; Craig A. McDowell, Corpus Christi, Texas; Robert D.
McEvoy, Schenectady County, New York; David R. Mora, Oxnard, California;
Robert J. O'Neill, Hampton, Virginia; J. A. Ojeda, Jr., Dade County, Florida; Robert
J. Schiedler, Bazrington, Rhode Island; Donald L. Shahny, Clark County, Nevada;
and Lowell J. Tooley, Scarsdale, New York.
The Panel of Advisors for the Model Charter Revision Project: Wayne F. Anderson,
Alexandria, Virginia; James M. Banovetz, DeKalb, Illinois; John E. Bebout,
Wellfleet, Massachusetts; Garey F. Butler, Eugene, Oregon; Richard Carpenter,
iv
Sacramento, California; Joan A. Casey, Washington, D.C.; William G. Colman,
Potomac, Maryland; Rodney Colson, Hillsborough County, Florida; John Donaho,
Baltimore, Maryland; Roberta S. Ehrenberg, Haverford, Pennsylvania; Thomas M.
Flynn, Charlotte, North Carolina; Norman Gill, Milwaukee, Wisconsin; Parris N.
Glendening (assisted by John W. White and Tom Murphy), Prince George's County,
Maryland; Jonathan Howes, Chapel Hill, North Carolina; Joan Jessen, McMurray,
Pennsylvania; John M. Kamensky, Washington, D.C.; Thomas F. I,ewinsohn, Kansas
City, Missouri; Aileen Lotz, South Miami, Florida; Daniel R. Mandelker, St. Louis,
Missouri; Howard N. Mantel, New York, New York; James P. McDonald, Fairfax,
Virginia; Bruce D. McDowell, Washington, D. C.; Howard D. Neighbor, El Paso,
Texas; Chester A. Newland, Sacramento, California; Orin F. Nolting, Prairie Village,
Kansas; Robert J. M. O'Hare, Stoughton, Massachusetts; Allen S. Olsen, Trenton,
New Jersey; John E. Petersen, Washington, D.C.; Ray Remy, Los Angeles,
California; Paul H. Sedway, San Francisco, California; Charlie B. Shepard, Fort
Worth, Texas; Glen W. Sparrow, San Diego, California; D. Michael Stewart, Salt
Lake County, Utah; Richard J. Stillman, Fairfax, Virginia; Roger A. Storey, Davis
California; James H. Svara, Greensboro, North Carolina; John T. Walsh, Hartford,
Connecticut; Leon Weaver, East Lansing, Michigan; and Joseph F. Zimmerman,
Albany, New York.
NCL thanks the many supporters of this project including: California cities of
Bakersfield, Carlsbad, Modesto, Pasadena, and Visalia; Texas cities of Arlington,
Austin, Corpus Christi, Fort Worth, and San Antonio; the Michigan Municipal League
and the~Texas Municipal League. We also thank those who provided grants; including:
the Carl and Lily Pforzheimer Foundation, the Murray and Agnes Seasongood Good
Government Foundation, Hallmark Cards, Industrial Properties Corporation of Dallas,
the Ahmanson Foundation, the Lomas and Nettleson Financial Corporation of Dallas,
the Kansas Ciry Star, and the Norton Company Foundation of Worcester,
Massachusetts.
Acknowledgement is also made of the excellent cooperation from the staffs of the
International City Management Association, National League of Cities, National
Association of Counties and American Society for Public Administration in arranging
committee meetings and special sessions iti connection with their national conferences.
The great diversity in the membership of the project committees and the panel of
advisors means that few will endorse every position taken in the revised Model. The
views of all were carefully considered. However, NCL alone accepts responsibility
for the recommendations contained in the Model.
Each edition of the Model Ciry Charter has reflected the conditions of municipal
government at a particular time. This edition comes at a time when many cities with
essentially sound governmental structures have a need to simplify their charters,
v
eliminate archaic provisions and transfer detailed descriptions to the administrative
code. In all cases the provisions of the Model must be viewed in the context of state
law and must, if necessary, be altered to conform to specific legal requirements. The
Model is a working tool for all those engaged in efforts to improve the structure and
procedures of local government and thus increase its effectiveness.
Christopher T. Gates, President
National Civic League, Inc.
1996
vi
A
City Manager Department
Regular Agenda Item "B"
August 28, 2000
COMMISSION AGENDA
ITEM B
8-28-00
Meeting
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
M R. ~ DEPT
Authori ation -
REQUEST: City Manager requesting the Commission to review and consider for
adoption Resolution #2000-27 for a Charter Review Process and other matters related
to review of the City Charter.
PURPOSE: The purpose of this agenda item is to provide the Commission with a
process for reviewing the Ciry Charter.
CONSIDERATION:
The City Commission has requested staff to provide the Commission with a process for
reviewing its City Charter.
The process provided for in Resolution #2000-27 employs the following.
1. Consistenry with the Model Charter as written by the National Civic League.
2. Broad scale citizen input in both the identification of issues worthy of
consideration for submission to the electorate, and extensive public education
relative to the merits of the issues and chosen recommendations.
3. Top notch professional assistance to the Citizen Advisory Committee and the
City Commission.
4. An Objective and discipliaed process.
The process provided for in Resolution #2000-27 was a product of Marilyn Crotty of the
University of Central Florida Institute of Government, the City Attorney, and the City
Manager.
City Manager Department
Regular Agenda Item "B"
August 28, 2000
The Commission will need to decide if it desires to complete the process in time for the May
2001 Local Option Sales'I'ax referendum being considered by the County or some other
time.
We are proposing approval of the Lead Consultant Jim Burgess. I have discussed Mr.
Burgess' credentials with you in the past. Mr. Burgess' credentials are attached for your
review. Mr. Burgess' credentials and credibility in this type of work are self-explanatory.
Mr. Burgess is available to begin work immediately if we are able to make a commitment
right away.
In the role of Lead Consultant Mr. Burgess will coordinate with the Project Coordinator,
facilitate and review all technical input, provide legal analysis, and publish draft and final
reports. _
FUNDING: It is anticipated that the process as provided in Resolution #2000-27 can be
completed for not more than $25,000. Mr. Burgess' fee will be $7,500 plus out-of-pocket
expenses. University of Central Florida fee will be $4,000 plus out-of-pocket expenses.
RECOMMENDATION:
1) The Commission review and consider for adoption Resolution #2000-27 with
amendments it might deem appropriate.
2) The Commission detemune the time line in which the Commission would like to
complete the project.
3) The Commission review and consider for approval of Mr. Jim Burgess as the
Lead Consultant for the project.
4) The Commission authorize a supplemental appropriation of $25,000 General
from General Fund Revenues for implementing the Charter Review Process.
ATTACHMENTS:
1) Resolution #2000-27.
2) Jim Burgess Resume.
COMMISSION ACTION:
ATTACHMENT "A"
Resolution #2000-27
~.
RESOLUTION 2000-27
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA
PROVIDING FOR THE ESTABLISHMENT OF A
CHARTER REVIEW ADVISORY COMMITTEE,
SETTING OUT RESPONSIBILITIES, AND
REPORTING REQUIREMENTS.
WHEREAS, in 1981 the Charter of the City of Winter Springs, Florida was adopted
by referendum, and
WHEREAS, the Charter has from time to time been amended, and
WHEREAS, there are certain provisions of the Charter that have been challenged
relative to interpretation of its provision, and
WHEREAS, there has been an expression of interest among City Officials and
members of the public for a review and modernization of the Charter, and
WHEREAS, as the "Model City Charter", as researched and published by the
National Civic League has provided the template for City Charters since publication
of its first Model City Charter in 1899, and
~~ ~~
WHEREAS, the seventh edition of the Model City Charter as updated and
published by the National Civic League in February 1989, is the most current template for
City Charters, and
WHEREAS, the Winter Springs City Charter has not been reviewed for consistency
with the current "Model City Charter", and
WHEREAS, it is the desire of the Winter Springs City Commission to have the
current Winter Springs City Charter reviewed for consistency with the current "Model City
Charter", and
WHEREAS, the Winter Springs City Commission desires to provide an open,
objective, and deliberative process to provide ample opportunity for the public to participate
in the City Charter amendment process.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, AS FOLLOWS:
:,t
Section I. Committee: There is hereby established the City of Winter Springs Charter
Review Advisory Committee, which shall be an ad-hoc committee composed of six
members, appointed one each by the Mayor and City Commission. The members shall serve
for the duration of the Committee as provided herein.
Section II: Committee Responslbilities: The Committee shall have the responsibility
for working with the technical resource team reviewing the City's existing City Charter and
providing recommendations to the City Commission for modernizing the existing City
Charter in order to be consistent with the seventh edition of the "Model City Charter"
published by the National Civic League. In their review the Committee shall not make
recommendations relative to changing the current form of government from the Commission-
Manager form, but shall determine what changes need to be made, if any, to make the City's
current form of Commission-Manager government consistent with the provisions provided
for in the seventh edition of the "Model City Charter" published by the National Civic
League. All meetings of the Committee shall be open to the public as provided by
Florida Law.
Section III. Technical Resource Team: There is hereby established the Technical
Resource Team which shall be made up of three highly competent professional members
whose area of expertise and experience include local government charters, codes and
administration.
Technical Resource Team Responsibility: The responsibility of the Technical Resource
Team shall be to review the current Charter, to review public input, to assist the Citizens
Advisory Committee in analysis of the Charter and public input and formulating Charter
Amendment recommendations, to publish recommendations for updating the Charter
consistent with the seventh edition of the "Model City Charter", and publish on behalf of the
Charter Committee a final report to the City Commission. In addition, the Technical
Resource Committee shall publish an exception report with the City Commission
highlighting any recommendations of the Charter Review Committee which in its
professional judgement are not consistent with the seventh edition of the "Model City
Charter" or may not be in the dirxt best interest of the citizens of Winter Springs.
Project Coordinator: The City Commission shall contract with the Institute of Government
at the University of Central Florida to coordinate the Charter Review process on behalf of the
City of Winter Springs.
Duration of Project: The Charter Review Committee shall present its final report and
recommendations to the City Commission no later than the first meeting in February of 2001,
which is the meeting of February 12, 2001.
Page 2 of 4
Organizational Chart
PUBLIC
Mayor
Commission
Project Liaisons
City Manager
City Attorney
Project
Coordinator
Technical Charter
Resource Review
Committee Advisory
Committee
Process: The Charter review process shall be as follows:
I. Adoption of Resolution
II. Agreement with CFU
III. Employment of Technical Team
N. Appointment of Citizen Committee
V. Session li- Full Project Team/Public Meeting
a) Technical Team Meeting
b) Project Team Orientation
c) Public Meeting
1) Overview of Process
2) Public Input
3) Call for Position Papers
d} Project Team Debriefing
VI. Session 2 -Full Project Team
a) Project Team Meeting
b) Review of Draft 1
c) Consensus on Provision Alternatives
VII. Session 3 -Full Project Team/Public Meeting
a) Project Team Review of 2nd Draft
b) Public Meeting on Second Draft
c) Project Team Debriefing
Page 3 of 4
VIII. Session 4 -Project Team/Public Meeting
a) Presentation of Final Report to Mayor andCommission
b) Public Input
c) Commission Direction to staff.
d) Charter Amendment Referendum Ordinance _, First Reading
e) Charter Amendment Referendum Ordinance _, Second Reading '
IX. Public Workshop
1. Tuscawilla
2. Oak Forest/Hacienda
3. Highlands
4. Any Other Locations Required By The City Commission
X. Referendum
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled on the 28th day of August , 2000.
Paul P. Partyka, May
ATTEST:
ndrea Lor~ uaces, City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR~Iif CITY OF WINTER SPRINGS ONLY:
~~
Anthony A. Garganese, Cit~Attorney
Page 4 of 4
ATTACHMENT "B"
fim Burgess Resume
RESUME
~A1V~ES V. BURGESS, JIL
Education
1951-1955 YJnlversity of North Carolina, Chapel Hill, NC. B.S. in
Business Administration. Self-financed through
student employment at the Morehead Planetarium,
as an astronomy narrator and tec}uucian.
1959-1960 University of Pennsylvania, Fhiladesphia, PA. Wharton
Graduate School, Division of Business and Govern- __
mental Administration. Master's Degee in Govern-
mental Administratian. Gzaduatc with Distinction
(Class Rank No. 1) Self financed with scholarship aid.
1964-67 Woodrow Wflson College of Law, Atlanta, GA. Jvris Doctor
of Law Degree: Magna cum laude graduate and
valedictorian. President, Senior X,aw Class. Law study
self financed.
Experience
January 1,1996 to Private Law ~'ractice, City of Social Circle, Ga.
Present
Senior Associate, Institute of Community and Area Development
and Institute of Government, the University of Georgia
July, 1983 to Exccutlve Director, tho Georgia Municipal Association. Director
Dec. 1995 of a statewide association of 430 cities with an annual operating
budget of 54.2 million and a staff of 52 employees. Major programs,
and a,ccomplishmcr~ts:
- bong-range annual strategic plan.
-Joint annual city-county 1Cgislativo program (First in nation).
- Automated legislative liaison and tracking program.
- 5130 million municipal lease pool program.
- New 25,000 square foot Association headquarters building.
- lxpanded membership services, with assets totaling $270 rriillion.
- Expanded trainitng prograacis for rriunieipal officials through the
Municipal Training Tnstitutc.
- Leadership in establishing the Gcorgla Future
Communities Commission.
JAMES v. avRCESS,1R.
(Continued)
- Uztf1utdad lblandates 1.eg$slatlon.
• Redpient of 'I2te 1995 Georgia Key Citizen Award.
190-91 Mrmbsic of State Blue Ribbon CoII~misaion on
Ethics and Connatission ott F~cceUence in Education
1990-9I Me~nnber of the Task Force an Pimandng Educatlo~,
Georgia Par~ership for Excellence in Educatior-. '
1988-89 Mmnber of ttu gov+emmecttal task fo~+ce of the
Governar'e Gaowth 5trategir~s Coauatiisafox+.
1989 Redplent of the L. Howard Athertan Award.
This award recognizts outstaztdittg service to Georgians --
local governments
1988 Sewed as a consultant do the Uxvon of
Munidpalitles of the Marmara Region {UMMRj, Istanbu4
Turbsy, vmda contact with the Turkish Spedal
Progxaacuana of the Organization for EcaawatiC Cooperation
a~ 15eveiopment, P~gcis, FraauY• Revie~ned with member
mu=ndpaiities ttu progress of a self-dtvdopment prog~m
of this reaonal osganiaation„ conducted an evalua~on
seminar' on stCiRep,~C planmstg for the region end submitted
a final ttport of recomatcndati,~ns for improvement
199$ Serv~i aS A C0115ttlt~d to Ipcal governments in ~ Estonia
as a member of a team of representatives fivm the 3hstitute
of Cammuaity and Area Devtlopment; University of
' Georgia.
1981-1983 grate Law Practice. Sole pra~etitiotuPS ix1 general prACticc of
law. Al6o, during this period. served ~' legialative• liad~son
for Fulton County to the Georgia General Assembly.
1967=1981
Ync {PRIM Atitmta.S~. Owner and director of a
macnagtn~ consulting and code publishing firnt with
offlars 1n Atlanta and Washington providing
. ~~,~, P8- and code ravis~ian srrvices
to approaciatateiyhoo mwnidpal and county
climb.
2
jaM>rs v. svxc>=ss, Tit,
(Gonzinued)
~ ;~~ *nP*+ts While Servtn.Q as President of PRM
include:
• Special Consultant to Diredar of lntergovammtntal -
R~elations DiviBion, YI.S. Department of Y-tousing and Urban
Dtvelopment, Washington, D.C. (1967.69).
• Aesodate City Attorrtey for Legislative Liaison, City of
Atlanta (196e-69).
Co~utltartt to National League of Cities to provide techiucal
assistaiue to spate municlipal leagu+cs (1968-69). '
• Assistant to the Attorney General of Georgia ixt the - -
preparation of itgislation to implement recomrn,endatfons
of the AtlantawFultor County Study r'^*+~+~+t~+on (197! 78).
• Mtmber of the caaiauttte on revision of Counties and
Mtuiicipal Corparatlons Article of the Select Co~atmittee on
Constitutional Revision in Georgia (x98c1•.si).
• Staff attorney to flue Georgia Urban Task Force (198] j.
• Attorney and aox~ultant to dry-county consolidation
vommissions ise Athens-Clarke Coiutty. Coluanbus-
Muscogte Court~Y, Brunsv+-ick-Glynn Courny. Macomb
Coumty, Albatiy-l-io y~~y County. Savannah-Chatham
County and Dalton eld County. Georgia; also, in .
Durham Dttrhau- Cou~uty, NC% Gainesville cad Aladtua
County, Florida an+d, a1~~y to the City of Atlanta Charter
Commission, Atlanta, tseorgla.
1963-1967 s bie far GMA's re~.a~ch
Inc... ~~.unta. GAS Pti~x-ert~y sespO~
and training programs; assisted with state Ieg~alatlon 1,iaison
activities and assisted the GMA Executive Director with the
day-today admi~stration of GMA p:ograma and activities;
including diatriet n'leetix'~j5 aitd the anmtal oanventioa
While employed by GMA, was appointed~as a
representative of the National Urban Inforrnstion Task
Force, sponsorod liy the National League of Cities arud•the
u s. conference of Mayors (7967).
JAMES v. BtnzGESS, )R.
(Continued}
196~Ig63~
of ~+~eor~zia. Atli GA. Provided S~istr~u-tivai aid ttd~nica~
assistance to munidpal and county vfficiala throughout
Geozgis. Arras Included la.v, manageaaettt; Snarue,
budgeting and perso~raid adraimfistration
1959-I9~62 field Consultant. Narth_~lina Ueaeu~, r_Qf
~nic{'~l~.nl~. ~df~ N.C. CcmduCt~ed $eId vi6itations and
worked with local officials on mtmidpal problems such as
contmux~ity development, annexation, utility- exteztsion
polidas, budg+eKt~g •;nd fiz~uue.
]956-1959 ~vvn.~~ii~~'~~.~ ~~ld_ Scrved as ct~f~ef
• rxecutivt offioar.
1957195$ Assistant City ~liar~sstr. Cite of Ga~onia. j~~
Assisted dry manger in admiaisttation of day-today
operations.
1951i-1957 U~ - A~~'Y
MEMHTRSHIPS AND bRGANL'~-~QNS
Sigma Delta Kappa Law Praternity
Georgia Bar ,Associatian
Aaiexican ~ Bar Association
Past F:esident Georgia Qiapter, American Society fbr Public
Adntinistraiion
Comntunlty •Uevelopers' Forum
American Sodety of Assodation Bcecutives
Southern Munidpal Ceanference
• NLC I'3oard of Directors .
Univecaity of Georgia public Service Advisory CouncO
Date ds puce of Birth:
Married:
Clniidxer:
Leisure:
September 24s. 193, WashittgtoxL D.C.
Madeline B. Burgess
Lucia, Bet't- and vanae
Golf
a
O-LJ~ LVYJ~L! J ~ LVr 1.1 I r`.VI'I J 11.1 UVI^.VL....IJ / / YJ 4VK JtiVV
3ames V. Burgess, Jr.
MUNICYPAL RND COUNTY CHARTER EXPERIENCE
1. City-County Gvnsvlidation and Intergotnernmental Rations.
Aaytona Beach, Florida An intergovernnental relations study.
Cumberland County, North Carolina An intergovernmental relations study.
aristol, Tennessee-Virginia An intergovernmental relations study.
(Planning Cvnmission)
Gainesvi].le--Alachua County, Acity-county consolidation study.
Florida
Souk Carolina Appalachian Regional
Planning Carmission
Coltunbus-Musoogee. Georgia
Brunswick~lynn County, Georgia
Athens-Clarke Coprity, Georgia
Macon-Bibb County, Georgia
Dalton-idhitfield, Georgia
Durham-T~urham County, tdorth Carolina
Albany-Dougherty County, Georgia
Savarusah-Chatham Camty, Georgia
B~runswidc-Glynn County, Geargfa
Atlanta-Fulton County
study Comnissian
Analysis of intergovernmental
relations within the region.
A city-county consolidation study.
A City-county a~nsalidatian study.
A City-county oonsol~idation study.
A city-vounty aonsolidatirn study.
An intergovernu~tal analysis of
service delivery to identify ovez~-
lapping and duplicative services and
provide for alternative solutions.
A city~oounty consolidation study.
A city-runty vonsolidation study.
A Cityl-cauity oor~.solidatian study.
An ider-tig'ication of .taxing districts
fcor a poBSible catsolidated city-
aounty govenvner-C.
Evaluation o~ alternative city-
oounty service.delivezy systems.
2. Charter Revisions and L.eaal Research.
r. o
Gainesville, Georgia A revision of the city's charter.
South Carolina Municipal A contractual agreement with the
Association association try zevise and prepare codes
of ardinanees for municipalities.
V LJ LY..IIf.JV J LVf' 1.1 1 I\VI.1 J LI.1 UV!'IV LJJ / I YJ •1V~1 J4UU
Pennsylvania Boroughs' Association
North Carolina League of
Municipalities
Georgia Municipal Association
Morganton, North Carolina
Maryland Municipal League
LaGrange, Georgia
Senoia, Georgia
Atlanta, Georgia
High Point, North Carolina
Calhoun, Georgia
Hapeville, Georgia
Raleigh, North Carolina
Msoon, Georgia
Athens, Georgia
Gretna, Virga.nia
Calhoun, Georgia
r' . I
A contractual arrrtClgtment with the
association to revue and prepare codes
aE ordinarx~s for boroughs.
A contractual arrangement with the league
to revise arr] prepare codes of ordinances
for nunxcipalities.
A revision of Georgia State Statutes
with zegard to minicipal law revisions.
A revision of the city's charter.
Preparation and revision of the local
government article of the propose~3
Maryland State Constitution.
A revision of the city's charter.
A revision o£ the city's darter.
A revision o£ the city's charter.
A revision o£ the city's d3srter.
A revision of the city's charter.
A revision of the city's charter.
A revision of the city's charter.
A revision of the city's charter.
A revision of the city's chartez~.
A revision of the ci.ty's darter.
A revision of tt~e city's darter.
-2-
CHARTER REVIEW SCHEDULE
September 11, 2400 Commission Appoints Committee.
September 26, 2000 Orientation
October 11, 2000 Issue Analysis
October 12, 2000 Issue Analysis
November 14, 2000 Drak Charter Review
January i7, 2001 Workshop -Committee Presentation of Charter
Recommendations to the Commission and Public
February 12, 2001 i" Reading of Charter Amendment Ordinance
February 26, 2001 2"d Reading of Charter Amendment Ordinance
February 28, 2001 Ordinance filed with Election Superintendent
March Public Education
April Public Education
May 8, 2001 Referendum
SESSION I
ORIE ATION
Council Chambers
The purpose of this meeting is to introduce the project team to team members and to the
public; to review logistics and to familiarize the project teams and public with the charge of
Commission and study process as provided is Resolution 2000-27 sad to call for written position
papers proposals.
Particinants•
City Govemiag Body
Charter Review Committee
Project Facilitator
Project Liaisons
Lead Consultant
S:OOPM I. INTRODUCTION OF FACILITATOR
II. FACILITATOR COMMENTS
III. INTRODUCTIONS
IV. PROCESS OVERVIEW
a) Commissioa Charge to Committee
b) Decision Makiag (Consensus-Facilitator
c) Schedules -Times -Locations
V. SUNSHINE DISCUSSION
6:30PM BREAK
7:OOPM VI. PUBLIC WORKSHOP
a) Introduction of Facilitator
b) Introduction of Committee/Staff
c) Commission Charge to Committee
d) Process Overview
e) Call for Papers by October
f) Public Iaput
9:OOPM ADJOURN
Ronald W. McLemore
Marilyn Crotty
Marilyn Crotty
Marilyn Crotty
Anthony Garganese.
Ronald W. Mcl.emore
Marilyn Crotty
Marilyn Crotty
Marilyn Crotty
Marilyn Crotty
Page 1 of 3
SFSSinNS II. III, IV,,~I~V
ISSUE ANALYSIS/RECOMMENDATION
P>it~~, The Purpose of these four sessions is for the project consultants to provide the Charter
Review Committee with a detailed analysis of the existing Charter as compared with the Model
Charter, an analysis of the 13 Charter Amendments presented to the City, analysis of proposals
provided in position papers and public comments, to identify recommendation alternatives, and
receive direction provided by the Charter Committee as to chosen recommendations.
The analysis and recommendations will be provided through working draft memorandum.
Pa_~cifla_*+ts - Project Team Session:
Full Project Team
P~pants -Public Meetinre;
Full Project Team
Public
~~
All work sessions are Facilitators Lead. Decisions relative to recommendations are made by
consensus. Issues in which consensus recommendations cannot be accomplished are left on the
table until the final meeting. Unresolved issues will be concluded by vote at the last issue analysis
meeting.
4-6;30PM PROJECT TEAM MEETING
I. Opening Remarks Marilyn Crotty
II. Staff Presentations Jim Burgess
III Committee/Staff Discussions
1V. Committee Consensus aad Direction to Staff
V. Closing Remarks Marilyn Crotty
6:30-7:OOPM BREAK
7:00-7:45PM PUBLIC INPUT
I. Opening Facilitator Comments Marilyn Crotty
II. Public Comment
III. Closing Facilitator Comments Marilyn Crotty
7:45-8:OOPM BREAK
8:05-9:OOPM PROJECT TEAM MEETING
I. Opening Pacilitator Comment Marilyn Crotty
II. Committee/Staff Discussions
III. Committee Consensus and Direction
IV. Closing Facilitator Comments
V. Adjourn
Page2of3
DRAFT CHARTER
Pu~ose: The purpose of this session is to provide the committee and public with the Draft Charter
and to receive any final direction the Committee desires to provide.
Attendance•
Full Project Team
Public
$ules:
All work sessions are Facilitators Lead. Decisions relative to recommendations are made by
consensus. Issues in which consensus recommendations cannot be accomplished are left on the
table until the final meeting. Unresolved issues will be concluded by vote at the last issue analysis
meeting.
4:00-6:30PM PROJECT TEAM MEETING
I. Opening Facilitator Comments Marilyn Crotty
II. Staff Presentations Jim Burgess
III. Committee/Staff Discussions
IV. Closing Facilitator Remarks Marilyn Crotty
6:30-7:OOPM BREAK
7:00-7:45PM PUBLIC INPUT
7:45-8:OOPM BREAK
8:00-9:OOPM
I.
II.
III.
IV.
v.
PROJECT TEAM MEETING
Opening Facilitator Remarks Marilyn Crotty
Committee/Staff Discussion
Committee Consensus Directions to Staff
Closing Facilitator Remarks Marilyn Crotty
Adjourn
Page 3 of 3
SPECIAL EDITION
W[N"I'EIZ SPRINGS CHARTER REVIEW
CIIARTER_RE;VI[?,W P[2_Q IF (."T: ,
On August 28, 2000 the Winter Sprngs City Commission adopted Resolution 2000-27 authorizing the Wmtcr Springs
Charter Review Project including the project team, process, and schedule.
PURPOSE:
The purpose of the Charter Kcvicw Prolect is to provide an ohjective, disciplined and professional process for updating
and modernizing the city's charter with broad-scale citizen participation.
The National Civic I_,caguc, a nationally respected not-for-profit association oC local government scholars, practitioners
and interested citizens, dedicated to the. continuing refoi~n of state and local government, states:
"r'aulty governmental machinery is responsible for more governmental ills
than most people suspect. Other things being equal, the better the charter
the hetter the government"
The City Charter has not received an overall review since 1981. Some citizens and public officials have stated the need
for a review. The Charter Review Project will address these concerns and bring the charter up to date with current law
and recognized best practices of municipal governance.
PUBLIC PA[2TICIPATION:
[t is the intent of the Commission to provide 1<rr broad scale public awareness and participation. This will be accomplished
through:
-Utilization of a Citizen Advisory Cornmittee
).Publicized open meetings
~-Creation of a Special Charter Review Project website.
)•-Publicized public education workshops,
)`Citizen access to written reports.
~-Objective consideration of written and oral proposals from the public.
OBJEC'('IVE, DISCIPLINED,AND PROFESSIONAL PROCESS:
It is the intent of the Commission to provide an objective, disciplined and professional process for reviewing the charter
in such a manner that it will not he controlled by any special interest group. In order to accomplish these objectives the
Comrission has taken the following actions:
)- Placed management of the Charter Review Process in the University of Florida Institute of Government.
]--Vested the responsibility for the formulation of recommendations for improving the current city charter in a
Citizen Advisory Commrttec made up of six outstanding local citizens.
)-Provided the Chizen Advisory Committee with a Technical Assistance Team made up of a superlative group
of experts in the field of local government management.
),Adopted Resolution 2000-1.7 specifying how the charier review process is to be carried out, and spcctfyin~ the
roles and responsibilities of the project team members.
),Mandates that Charter improverncnt recommendations must be consistent with the Model City Charter prepared
by the National Civic Lcaguc, which is recognized nationally as the ideal template I~or City Chartcn.
PROJECT'fEAM RCSPONSI[3ILITY:
The Project Tcam is made up of three components: the Project Coordinator, Charter Rcvicw Advisory Committee, and Technical Assistance
Team. The Project Tcam is responsible for developing and making recommendations to [he City Commission for updating and modernizing
the City Charter consistent with the Model City Charter prepared by the National Civic League.
~h~rtcr Rcvicw Advisory Committcc:
The Charter Rcvicw Advisory Committcc is made up of the li~llowing rcaidcnts of Winter Springs:
Drank Adams GnSinccr, United States Department of Dcfcnse.
Nonorable'I'om Freeman Judge, Seminole County Circuit Court.
Uonald Gilmore Engineer, Sicmcns Westinghouse Power Corporation.
Sally McGinnis Licensed Community Association Manager, Paine Anderson Properties, Inc., Member,
Winter Springs Board of Adjustments.
Robert Ori CPA, President, Public Resource Management Group, lnc.
William Reischmann Attorney, Stenstrom, McIntosh, Colbert, Whigham & Simmons P.A. City Attorney,
Orange City, Florida.
September 26 2000 Charter Review Kick-off Public Workshop: The first public meeting of
the Charter Review Project will be held at 7:OOPM, September 26, 2000 in the Council Chambers
of City Hall.
Citizen Proposals: All persons wishing to present Charter Amendment proposals are encouraged
to present them in writing no later than October 4, 2000 to Marilyn Crotty, Central Florida
University Institute of Government, 36 West Pine Street, Suite 204, Orlando, FL 32801. If this is
not feasible, you may present written or oral proposals at the September 26, 2000 Kick-off Public
Workshop.
For Additional Information: If you feel you need additional information call Project Coordinator
Marilyn Crotty at 407-317-7745, City Manager Ronald W. McLemore at 407-327-5957, or visit the
Charter Review Project Website at www.winterspringsfl.org/chartercommittee.htm
CHARTER REVIEW SCHEDULE
ETING AND
September 26, 2000 SPM City Hall
September 2G, 2000 7P~1 City Hall
October 1 l/12, 2000 41'M City Ha11
October 11/12, 2000 7PM City Hall
October 1 l/12, 2000 8PM City Hall
November 14, 2000 4PM City Hall
November 14, 2000 7PM City Hall
November 14, 2000 8PM City Hall
January 17, 2001 7PM City Hall
February 12, 2001 6:30PM City Hall
February 26, 2001 6:30PM City Hall
March/April, 2000 Time, Dates and Placesto be announced
*May, 2000 Date to be announced
S
Project "scam -Orientation
Public Workshop -Orientation
Project Team -Issue Analysis
Public Input -Issue Analysis
Project Team -Issue Analysis
Project Tcam -Draft Charter Review
Public Input -Draft Charter Review
Project Team -Draft Charter Review
Public Workshop Presentation of
Charter to Commission and Public
Public Hearing - 1st Reading
Charter Amendment Ordinance
Public Hearing - 2nd Reading
Charter Amendment Ordinance
Public Education Workshops
Referendum
* The May 2001 referendum date is contingent upon the county's decision to schedule a
referendum on re-authorization of the 1-cent Local Option Infrastructure Sales Tax. If the
county does not set the referendum on this date the city Commission will establish a special
election date for the Charter Referendum.
** If meeting schedules are changed public notice will be given via posting at City Hall,
newspapers and the city web page address www.winterspringsfl.org/chartercommittee.htm.
CHARTER REVIEW PROJECT GOAL
Our goal is to improve your city's effectiveness and to encourage participation in your city government
through improvements in the City Charter.
What is a local charter?
• It is the basic law that defines the organization, powers, functions and essential procedures of your city
government. It is comparable to the state constitution and to the constitution of the United States. The
charter is, therefore, the most important single law of any local government.
• Even the best officials are handicapped or frustrated in their endeavors to improve public services by
ill-advised or out-of--date charters.
• Good men and women are reluctant to accept office in an unworkable system and are attracted to one
wl~icli is well organized and effective.
Other things being equal, the better the charter the better the government.
NATIONAL CIVIC LEAGUE
~a
BRO`~N, WARD, SALZIVIAN & WEYSS, P.A.
AT'Y'ORNF,YS Ar LA,W
Usher L. Brown'
John JY. Ward'
Gary S. Sal7man°
JefFrty S. Weiss
Sttzaane D'Agresta
A,nthoay A. Gargantse°
Scott D. Danahy
Jamtx G. Vickaryoets
Allison Carmine McDonald
Aifled Truesdell
Ardtur R "Randy" Brown, Ir.
' 9oard Ct[tifieQ Civil Trill I,~wycr
• Beard CerGrted Btuinas Litigation IJwytx
° noted Gratified City. Caunry Qc Law1 Govem~nettt Law
September 26, 2000
Via Facsimile and U.S, Mai!
Chariot Review Committee
City of Winter Springs
1126 E. Stato Road 434
Winter Springs, FL 32708-2799
Re: Introduction and Sunshine Law
Members of the Charter Review Committee:
11 1 North Ornuge Ava., Suite 875
Post Ot~ice Baz 2873
Orlando, FL 32802-2873
(407) 425-9566
(407) 425-9596 J~AX .
Email: firint~orlandolAw.aet
Websitc: www.orlandolaw.net
Congratulations onbeing appointedtothe City of Winter Springs Charter Review Committee
("Committee'. As members of the Committee, you are about to embark on a comprehensive review
of the City of Winter Springs Charter. Ur<der the directive of the City Commissi on, you are required
to bring forth recommendations to update the City Charter consistent with Resolution No.2000-27.
The Charter Review process is of extreme importance to the operation of the City's
governmental affairs. The City Charter is the orgarrie law upon which the Ciry of Winter Springs
government is established and is ultimately promulgated by the people of Winter Springs by
referendum to cover matters pertaining to the local civil government of the City. It is, therefore. a
tremendous honor and responsibility far you to be a member of the Committee and to recommend
changes to the City Charter. Your recommendations will have a profound impact on city
government in Winter Springs. I am confident that each Committee member's contribution to the
Committee will be extromely valuable to our community and. as the City Attorney, it is with great
pleasure and anticipation that I look forward to assisting the Committee.
As a member of the Committee, you should be aware that the Coarmittee is subjoct to the
plorida Sunshine I.aw. Tircrcforc, the discussions, deliberations, and formal actions of the
Conrmittoo and its members must be conducted during a public meeting in accordance with the
~~
Charter Review Committee
September 26, 2000
Page 2
Sunshine Law. The Sunshine Law applies to any gathering, whether formal or casual, of two or
more members of the Committee to discuss some matter on which foreseeable action will be taken
by the Conunittoe. Thus, all functions of the Committee and its members, which relate to the affairs
and duties of the Committee, must occur at a duly advertised and held public meeting of the
Committee. City Statywill insurer that pmpcr notice is given of the Committee meetings.
Committee members, however, arc not prohibited under the Sunshine Law from meeting
together socially, provided that matters which may come before the Committee arc not discussed at
such meetings. Moreover, Committee members will normally be permitted to meet with members
of the technicaladvisory staEl'and othernon-committee meutbers individually to discuss Committee
business. but you should only do so when. other Committee members are not present. I suggest the
Committee members follow this simple rule:
1Vletnbers of the Committer should refrain from communicating
among themselves on issues pending before the Committee, unless
those communications occur at a duly held public meeting of the:
Chatter Revie~v Committer.
Again, I wish to coa~ratulate you on your appointment to the City of Winter Springs Charter
Review Committee. Y look forward to assisting you in successfully accomplishing the task assigrrcd
by the City Commission.
Please do not hesitate to contact me should you have any questions regarding the Sunshine
Law or any other issue relative to serving on the Charter Review Committer.
Anthony A. Gazganese,
AAG:rnw
cc: Ronald McL,anore, City Manager
F:woCS~City of Wlntd SpringlgendtalK:harw Review Corrm+itcce~Corre~ondrnttVvlemberx-Ia.09.26.00.nwr
ATTACHMENT
«B»
COMMISSION AGENDA
ITEM 605
January 26.2009
Regular Meeting
REQUEST:
Informational
Consent
Public Hearings
Regular X
Mg . / Dept.
Authorization
The Interim City Manager requests that the City Commission review this Agenda
Item and offer guidance on how to further proceed with their inquiries about a
Charter Review Process.
PURPOSE:
This Agenda Item is being provided as requested by the City Commission and
requests the City Commission review the enclosed information and then offer
further direction on how to proceed with a possible Charter Review.
CONSIDERATIONS:
At the December 8th, 2008 Regular Meeting of the City Commission, Deputy
Mayor Joanne M. Krebs brought up a discussion on a Charter Review. The
following is an excerpt from that Meeting:
"I WOULD LIKE TO MAKE A MOTION THAT WE HAVE A CHARTER
REVIEW." MOTION BY COMMISSIONER KREBS WHO ADDED,
"COULD WE BRING BACK AN ITEM - IN JANUARY." SECONDED BY
COMMISSIONER BROWN. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
CITY COMMISSION
REGULAR MEETING -JANUARY 26, 2009
REGULAR AGENDA ITEM "605"
PAGE 2 OF 4
MAYOR BUSH NOTED, "MOTION IS TO BRING BACK TO THE
COMMISSION, AN AGENDA ITEM IN JANUARY -THE PROCEDURES
ON CHARTER REVIEW."
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER BONNER: AYE
MOTION CARRIED.
At the January 12, 2009 Regular Meeting of the City Commission, former City
Manager Ronald W. McLemore provided an Informational Agenda Item on the
Charter.
Then ,at the January 12, 2009 Regular Meeting, the Interim City Manager was
asked to bring back additional information as a Regular Agenda Item at the
January 26, 2009 City Commission Meeting on a Charter Review.
In preparation for this Agenda Item, the City's Charter was fully reviewed and a
copy is attached under Attachment "A".
The current City Charter does not have a provision for a normal Charter Review
Process, so that is one thought the City Commission may wish to consider.
In trying to provide the City Commission with as much pertinent and helpful
information, Lynn Tipton, Membership Director for the Florida League of Cities
was consulted early in the process of writing this Agenda Item. (Lynn Tipton as
you know has a wealth of information on Florida, the governmental process and
speaks before many entities, such as the Florida City County Manager Association
(FCCMA); the Florida League of Cities; the Florida Institute of Government; and
the Florida Association of City Clerks, in addition to numerous other
organizations.
A few questions were posed to her as noted below:
"Our City is looking at getting into the Charter Review process and was
wondering if you could recommend the best sources for possibly fresh concepts
plus of course tried and true methods."
"Do you know of a couple of Florida cities that always do this process very
well?"
CITY OF WINTER SPRINGS, FLORIDA
CITY COMMISSION
REGULAR MEETING -JANUARY 26, 2009
REGULAR AGENDA ITEM "605"
PAGE 3 OF 4
"Would you know of some individuals who could guide us on such a project, if
our City Commission wanted to do a Charter review."
"Is the National Civic League's "Model City Charter" really the best model to use
(I understand it is the basic foundation of what most City's Charter are based
on)?"
Lynn Tipton's comments/suggestions were:
"No two city charters are alike; nor are their charter reviews!"
"Old styles and new trends: the hard part for that question is that some cities
have their charter review processes very spelled out in ordinances, so I don't
know of anyone who has broken with tradition, so to speak - I guess the hard part
is finding the right blend of citizen input, community outreach and city needs
being met... and that takes some trial and error. "
"Some cities that do a consistently great job: Tallahassee (timing is built into
charter); and Gainesville are two that are outstanding. I have also spoken at
Sarasota's over the years (it is every S years plus they respond to citizen request)
and they have had a consistent battle over whether or not to directly elect their
mayor or continue to rotate the position. This has resulted in difficult procedures
and costly elections - but I think their overall process has been commendable in terms
of outreach, inclusion and staffing."
"The National Civic League publications: Model City Charter, 8`h edition and the Charter
Review workbooks are some of the only resources that exist for city charter reviews. 1 do
like the workbook - it poses great questions for citizen-based review committees -really
makes people think. The charter, on the other hand, while being a great document and
the boilerplate language for thousands of cities -does not really help the committee
itself - it is better for staff (especially the attorney). There really aren't any other books
out there for this purpose -1've been looking for years."
"if you are going to compare yourselves to other cities, make sure it is a "peer" review -
those similar in population, services, scope of programs, form of government -for
example, 1 would use Winter Haven, Lake Worth, Dunedin, Hallendale Beach, Ormond
Beach, Oakland Park - maybe a few others. Going 101arger than you on the population
list, only Apopka isn't council-manager...so if you need comparisons on forms of
government, just let me know."
CITY OF WINTER SPRINGS, FLORIDA
CITY COMMISSION
REGULAR MEETING -JANUARY 26, 2009
REGULAR AGENDA ITEM "605"
PAGE 4 OF 4
As a follow-up to Lynn Tipton's comments, the City Clerk contacted the City
Clerks of Gainesville, Sarasota, and Tallahassee for any comments/information
they might have; however, as of the date this Agenda Item went to the City
Commission, no information has been received. (If we do receive any input in the
near future, we will of course provide that to you).
Additionally, to provide you with further information on the Charter Review
process, the City Clerk sent out an inquiry to the 87+ municipalities (affiliated
with the Florida Association of City Clerks) in this part of the State. If the City
Commission is interested in such input, we will of course provide such
information to you.
Also, the Municipal Code Corporation which codifies our Code of Ordinances,
and does the same for numerous municipalities in Florida and in many other
states, has been contacted to see if they have any compiled information. They
responded that they do not. However, we can always check out similar cities'
Charters through their Websites or this company's links, with any suggestions that
the City Commission might wish us to check for.
A copy of the National Civic League's 8th Annual "Model City Charter" can be
ordered, along with additional copies for the City Commission and any other
possible Charter Review Committee Members, should the City Commission
desire this be done.
I would also like to know what specific concerns or issues you would like
investigated, and to fully provide you with all of the information that I think you
would like to review prior to getting into a Charter Review process, I would
respectfully ask for a little more time as this is a rather involved process, at least
to do it well.
RECOMMENDATION:
The City Commission is requested to review the information in this Agenda Item
and advise Staff on the information included, and what preferences they might
like us to consider in a follow-up Agenda Item.
ATTACHMENT
"A
.PARTI
CHARTER*
Article L Corporate Name
Sec. 1.01. Corporate name.
Article II. Territorial Boundaries
Sec. 2.01. lbrritorial Boundaries.
Sec. 2.02. Property added by annexation since 1972.
Sec. 2.03. Annexation procedure.
Article III. Powers of the City
Sec. 3.01. Generally.
Article IV Governing Body
Sec. 4.01. Composition; qualification of members; and commission districts.
Sec. 4.02. Commission districts; adjustment of districts.
Sec. 4.03. Election and terms.
Sec. 4.04. Compensation; expenses.
Sec. 4.05. Mayor.
Sec. 4.06. General powers and duties.
Sec. 4.07. Prohibitions; holding other office.
Sec. 4.08. Vacancies; forfeitures of office; filling of vacancies.
Sec. 4.09. Judge of qualifications.
Sec. 4.10. City clerk
Sec. 4.11. Investigations.
Sec. 4.12. Independent audits.
Sec. 4.13. Procedure.
Sec. 4.14. Actions requiring an ordinance.
Sec. 4.15. Ordinances in general.
Sec. 4.16. Authentication and recording; codification.
Article V. City Manager
Sec. 5.01. Appointment; qualifications, compensation.
Sec. 5.02. Removal.
Sec. 5.03. Powers and duties of the city manager.
Sec. 5.04. Acting city manager.
Article VL Administrative Departments
Sec. 6.01. Power of commission to establish.
Sec. 6.02. City attorney.
*Editor's note-Part I of this Code consists of the amended Charter of the City of Winter Springs as set forth by Ord. No.
2001-44 and ratified by referendum on Sept. 4, 2001. The original arrangement including section numbers and catchlines has been
retained. Catchlines added by the editor have been enclosed in brackets. Amendments will be indicated by a history note following
the amended section. The absence of such history note indicates that the section is derived unchanged from 2001 Charter. The
former Charter of the city was derived from the 1981 Charter approved by the voters by the referendum of Nov 3, 1981.
Syupp. No. 2
WINTER SPRINGS CODE
.. Article VII. Financial Procedure
Sec. X7.01. Fiscal year.
Sec. 7.02. Submission of budget and budget message.
Sec. 7.03. Contents of budget.
Sec. 7.04. Capital Program.
Sec. 7.05. Commission action on budget.
Sec. 7.06. Public records.
Sec. 7.07. Amendments after adoption.
Article VIII. Nominations and Elections
Sec. 8.01. The city elections.
Sec. 8.02. Qualified voters.
Sec. 8.03. Election procedures.
Sec. 8.04. Non Partisan Elections.
Article I% Initiative and Referendum
Sec. 9.01. General authority.
Sec. 9.02. Commencement of proceedings; petitioners' committee; affidavit.
Sec. 9.03. Petitions.
Sec. 9.04. Procedure after filing.
Sec. 9.05. Referendum petitions; suspension of effect of ordinance.
Sec. 9.06. Action on petition.
Sec. 9.07. Results of election.
Article % Amendments
Sec. 10.01. General Authority.
Article %I. Severability
Sec. 11.01. Severability.
Article %II. Powers
Sec. 12.01. Powers generally.
Article %IIt. Transitional Provisions
Sec. 13.01. City ordinances.
Sec. 13.02. City contracts.
Sec. 13.03. City officials.
Sec. 13.04. First Elections under Charter.
Appendiz A Tlerritorisl Boundaries
Supp. No. 2 2
CHARTER
ARTICLE I. CORPORATE NAME
Section 1.01. Corporate name.
The municipality hereby established shall be
known as the City' of Winter Springs, Florida.
ARTICLE II. TERRITORIAL BOUNDARIES
Section 2.01. Territorial Boundaries.
Editor's note-A metes and bounds description of the
territorial boundaries of the City of winter Springs, Florida is
presented in Appendix "A"
Section 2.02. Property added by annexation
since 1972.
All property annexed to the City of Winter
Springs, Florida, since the adoption of the Char-
ter of 1972.
Editor's note-A listing of ordinances anne~ng property
to the city is maintained at the end of Appendix A
Section 2.03. Annexation procedure.
The commission of the City of Winter Springs,
Florida, may propose by ordinance to annex an
area of contiguous, compact, unincorporated land
to the territorial limits of the municipality; or
upon petition by all landowners of real property
which is contiguous, reasonably compact and un-
incorporated, the City of Winter Springs, may
annex said land to the territorial limits of the
municipality by ordinance. The procedure to be
followed in the annexation of territory shall be as
set forth in Chapter 171, Florida Statutes as it
now effists or as it may be renumbered or amended.
ARTICLE III. POWERS OF THE CITY
Section 3.01. Generally.
The city shall have all powers possible for a city
to have under the constitution and laws of this
State as fully and completely as though they were
specifically enumerated in this Charter.
ARTICLE IV. GOVERNING BODY
§ 4.02
Section 4.01. Composition; qualification of
members; and commission dis-
tricts.
(a) Composition. There shall be a governing
body composed of the mayor and five (5) commis-
sion members elected by the voters of the city as
provided in this Charter for a term of four (4)
years commencing on the first Monday after the
first day of December of each year an election is
held, and its members shall serve until their
successors have taken office; provided such terms
shall not exceed four (4) years. Not more than one
(1) commission member shall reside in each of the
five (5) commission districts provided for in Sec-
tion 4.02 (a) of this Charter. The mayor shall be
elected at large and may reside anywhere within
the city.
(b) Eligibility. Only qualified voters of the city
shall be eligible to hold the office of mayor or
commissioner. Qualifications for candidates for
the offices of mayor and city commissioner are as
set out in Section 2-87, Code of the City of Winter
Springs, Florida, as may be amended from time to
time.
Section 4.02. Commission districts; adjust-
ment of districts.
(a) Number of districts. The city commission of
the City of Winter Springs, Florida, shall by
separate ordinance divide the city into five (5)
geographical commission districts.
(b) Districting commission. By the first day of
February, 1991, the first day of February, 1992,
and every three (3) years thereafter, the city
commission shall appoint seven (7) city electors
determined from the registration of the last reg-
ular election, one (1) to be appointed by each
commissioner from his/her respective district, and
two (2) appointed by the mayor from the city at
large, who shall comprise the districting commis-
sion. Electors chosen shall not be employed by the
city in any other capacity. The initial districting
commission, creating and establishing the first
commission districts, shall be appointed by each
commissioner and the mayor from the city at
large.
Supp. No. 2 g
§ 4.02
WINTER SPRINGS CODE
(c) Report; specifications. The districting com-
~ission shall file with the official designated by
the city commission a report containing a recom-
mended plan for establishment or adjustment of
the commission district boundaries. The initial
districting commission, creating and establishing
the first commission districts, shall file such re-
port within ninety (90) days of appointment.
Thereafter, such reports shall be filed within one
hundred twenty (120) days of appointment to the
districting commission. The commission district
boundaries shall comply with the following spec-
ifications:
(1) Each district shall be formed of compact,
contiguous territory, and its boundary lines
shall follow the center lines of streets
insofar as practical or possible, or other
boundaries available.
(2) The districts shall be based upon the
principle of equal and effective represen-
tation as required by the United States
Constitution and as represented in the
mathematical preciseness reached in the
legislative apportionment of the state.
(3) The report shall include a map and de-
scription of the districts recommended
and shall be drafted as a proposed ordi-
nance. Once filed with the designated
official, the report shall be treated as an
ordinance introduced by a commissioner.
(d) Support. It shall be the responsibility of the
city manager to provide staff assistance and tech-
nical data to the districting commission.
(e) Procedure. The procedure for the city
commission's consideration of the report shall be
the same as for other ordinances, provided that if
a summary of the ordinances is published pursu-
ant to this Charter and general law, it must
include both the map and a description of the
recommended districts.
(f) Failure to enact ordinance. The city commis-
sion shall adopt the redistricting ordinance at
least one hundred twenty (120) days before the
nest city election. If the city commission fails to
either accept or reject the redistricting ordinance,
the report of the districting commission shall go
into effect and have the same effect of an ordi-
nance. The proposed redistricting ordinance may
not be rejected for any reason except for failure to
comply with the specifications listed in section
4.02(c) of this Charter or failure to comply with
other local, state or federal law.
(g) Effect of enactment. The new commission
districts and boundaries as of the date of enact-
ment shall supersede previous commission dis-
tricts and boundaries for all purposes; provided
all incumbent commissioners shall continue to
hold office for the entire term to which elected
notwithstanding any change in commission dis-
trict and boundaries.
Section 4.03. Election and terms.
(a) The regular election of mayor and commis-
sioners shall be held at the time provided for in
Section 8.01 of this Charter. All elections shall be
for four-year terms of office. The terms of the
mayor and commissioner shall begin the first
Monday after the first day of December of each
year an election is held.
(b) City commission seats are hereby desig-
nated as seats one, two, three, four and five.
(c) The mayor shall be limited to three (3)
consecutive full terms of office. Commission mem-
bers shall be limited to three (3) consecutive full
terms of office. The mayor or any commission
member who has served three (3) consecutive full
terms of office after having been out of office for a
period of one (1) year, shall be eligible for election
to successive three (3) consecutive full terms of
office; provided however, this limitation shall not
prohibit a person who has served three (3) con-
secutive full terms of office as mayor from quali-
fying and being elected as a commission member;
nor shall this limitation prohibit a person who
has served three (3) consecutive full terms of
office as a commission member from qualifying
and being elected as mayor of the city.
Section 4.04. Compensation; ezpenses.
The city commission may determine the an-
nual salary of mayor and commissioners by ordi-
nance, but no ordinance increasing such salary
shall become effective until the date of commence-
ment of the terms of mayor and commissioners
Supp. No. 2 ¢
CHARTER
elected at the next regular election, provided that
such election follows the adoption of such ordi-
nance by at least six (6) months. The mayor and
each commissioner of the city shall be reimbursed
from the city treasury to cover the expenditures
naturally and necessarily incurred in the perfor-
mance of their duties of office and said reimburse-
ment for expenses shall be established by resolu-
tion.
Section 4.06. Mayor.
At each regular election for the office of mayor,
a mayor shall be elected at large for a term of four
(4) years and shall serve until his successor is
elected and qualified; provided such term of office
shall not exceed four (4) years. The mayor shall
preside at meetings of the city commission, rep-
resent the city in intergovernmental relation-
ships, present an annual State of the City Mes-
sage, and perform other duties specified by the
commission. The mayor shall be recognized as
head of the city government for all ceremonial
purposes and by the governor for purposes of
military law, but shall have no administrative
duties. The city 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 un-expired term of
the mayor.
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 commis-
sion, 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 the affirmative vote of four (4)
commission members 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.
¢ 4.08
Section 4.07. Prohibitions; holding other of-
fice.
(a) Holding other office. Except where autho-
rized by law, neither the mayor nor any commis-
sion member shall hold any other elected public
office during the term for which the mayor or
commission member was elected. Neither the
mayor nor any commission member shall hold
any other city office or city employment with the
City of Winter Springs during the term of office
for which elected. No former mayor or commission
member shall hold any compensated appointive
office or employment with the city until one year
after the expiration of the term for which the
mayor or commission member was elected. Noth-
ing in this section shall be construed to prohibit
the mayor or any commission member from se-
lecting any current or former mayor or any cur-
rent or former commission member to represent
the city on the governing board of any regional or
other intergovernmental agency, or to prohibit
any former mayor or commission member from
serving as a member of city advisory boards and
commissions.
(b) Appointments and Removals. Neither the
mayor nor any commission member shall in any
maser control or demand the appointment or
removal of any city administrative officer or em-
ployee whom the city manager or any subordinate
of the city manager is empowered to appoint, but
the commission may express its views and fully
and freely discuss with the city manager anything
pertaining to appointment and removal of such
officers and employees.
(c) Interference with Administration. Except
for the purpose of inquires and investigations
under section 4.11, the mayor and city commis-
sion shall not give orders to city officers and
employees who are subject to the direction and
supervision of the city manager, either publicly or
privately, provided this prohibition shall not be
construed so as to prevent the mayor and commis-
sion members from communicating with the var-
ious officers and employees of the city, as in the
case of any other citizen of the city.
Section 4.08. Vacancies; forfeitures of of-
fice; 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
Supp. No. 2 5
§ 4.08
WINTER SPRINGS CODE
authorized by law or forfeiture of his office, or in
the event no one is elected to the office of mayor or
commission member.
(b) Forfeiture of of j`ice. 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) Knowingly and willfully violates any ex-
press prohibition of this Charter; or
(3) Is convicted of a felony; or
(4) Fails to attend three (3) consecutive reg-
ular meetings of the commission without
being duly excused by the commission.
(c) Filling of vacancies. Avacancy in a commis-
sion member's seat shall be filled until the next
regular election to be held for the office of the
commissioner from that seat by 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. Amember 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.
(a) The city commission, after receiving a nom-
ination from either the mayor or a commission
member(s) shall, by a vote of not less than four (4)
commission members, appoint an officer of the
city who shall have the title of city clerk. 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
provided by this Charter, by the commission or by
law.
(b) The city clerk may be removed by a vote of
not less than four (4) commission members.
Section 4.11. Investigations.
The commission may make investigations into
the affairs of the city and the conduct of any city
department, office or agency and for this purpose
may subpoena witnesses, administer oaths, take
testimony and require the production of evidence.
Any person who fails or refuses to obey a lawful
order issued in the exercise of these powers by the
commission shall be guilty of a misdemeanor and
punishable by a fine of not more than five hun-
dred dollars ($500.00) or by imprisonment for not
more than ninety (90) days or both.
Section 4.12. Independent audits.
The commission shall provide for an indepen-
dent audit of all city accounts and may provide for
such more frequent audits as it deems necessary.
Such audits shall be made by a certified public
accountant or firm of accountants who have no
personal interest, direct or indirect in the fiscal
affairs of the city government or any of its officers.
The commission may designate such accountant
or firm annually or for a period not exceeding
three (3) years provided that the designation for
any particular fiscal year shall be made no later
than six (6) months after the beginning of such
fiscal year. If the state makes such an audit the
commission may accept it as satisfying the re-
quirement of this section.
Section 4.13. Procedure.
(a) Meetings. The commission shall meet reg-
ularly at least once every month at such times
and places as the commission may prescribe by
rule. Special meetings shall be held on the call of
the mayor or three (3) or more members and
whenever practicable, upon no less than twelve
(12) hours' notice to each member. All meetings
shall be public.
Supp. No. 2 6
CHARTER
(b) Rules and journal. The commission shall
determine its own rules and order of business and
shall provide for keeping a journal of its proceed-
ings. This journal shall be a public record.
(c) Voting. Voting, except on procedural mat-
ters, shall be by roll call and the ayes and nays
shall be recorded in the journal. Three (3) mem-
bers of the commission shall constitute a quorum
but a smaller number may compel the attendance
of absent members in the manner and subject to
the penalties prescribed by the rules of the com-
mission. No action of the commission shall be
valid or binding unless adopted by the affirmative
vote of three (3) or more members of the commis-
sion.
Section 4.14. Actions requiring an ordi-
nance.
In addition to other acts required by law or by
specific provisions of this Charter to be done by
ordinance, those acts of the city commission shall
be done by ordinance which:
(1) Adopt or amend an administrative code or
establish or alter or abolish any city de-
partment, office or agency;
(2) Provide for a fine or other penalty or
establish a rule or regulation for violation
of which a fine or other penalty is im-
posed;
(3) Levy taxes, except as otherwise provided
in Article VII with respect to the property
tax levied by the adoption of the budget;
(4) Grant or renew or extend a franchise;
(5) Regulate the rate charged for its services
by the public utility, except telephone and
telegraph companies and public utilities
regulated by the Florida Public Service
Commission;
(6) Convey or lease or authorize the convey-
ance or lease of any land of the city;
(7) Adopt without amendment ordinances pro-
posed under the initiative power; and
(8) Amend or repeal any ordinance previ-
ously adopted, except as otherwise pro-
§ 5.01
vided in Article IX with respect to repeal
of ordinances reconsidered under the ref-
erendum power.
Section 4.15. Ordinances in general.
(a) Form. Every proposed ordinance shall be
introduced in writing in the form required for
final adoption. No ordinance shall contain more
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 intro-
duced by any member at any regular or special
meeting of the commission. Upon introduction of
any ordinance, 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
reading of any ordinance shall be by title only and
shall follow the first by a m;nimum 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) Ef j`ectiue 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 authenticate
by their signatures all ordinances and resolutions
adopted by the city commission and the city clerk
shall record in full in a properly indexed book
kept for that purpose all such ordinances and
resolutions.
ARTICLE V. CITY MANAGER
Section 5.01. Appointment; qualifications,
compensation.
The city commission, by the affirmative vote of
not less than four (4) commission members, shall
appoint a city manager and fix the manager's
compensation. The city manager shall be ap-
Supp. No. 2 7
$ 5.01 WINTER SPRINGS CODE
pointed solely on the basis of executive and ad- report on the finances and administrative
ministrative qualifications and shall serve at the activities of the city at the end of each
pleasure of the commission. fiscal year.
Section 6.02. Removal
The commission may remove the city manager
by a motion of the commission requiring not less
than four (4) affirmative votes of its members.
(7) He shall make such other reports as the
commission may require concerning the
operations of city departments, officers
and agencies subject to his direction and
supervision.
Section 6.03. 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,
suspend or remove all city employees and
appoint administrative officers provided
for, by or under this Charter except as
otherwise provided by law, this Charter,
or personnel rules adopted pursuant to
this Charter. He may authorize any ad-
ministrative officer who is subject to his
direction and supervision to exercise these
powers with respect to subordinates in
that officer's department, office or agency.
(2) He shall direct and supervise the admin-
istration of all departments, officers and
agencies 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 offic-
ers 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
(8) He shall keep the commission fully ad-
vised as to the financial condition and
future needs of the city and make such
recommendations to the commission con-
cerning 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 re-
quired by the commission.
Section 6.04. 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 8.01. Power of commission to estab-
lish.
The commission may establish city depart-
ments, officers or agencies in addition to those
created by this Charter and may prescribe the
functions of all departments and agencies.
Section 8.02. City attorney.
(a) The city commission, after receiving a nom-
ination from either the mayor or a commission
member(s) shall, by a vote of not less than four (4)
commission members, appoint an officer of the
city who shall have the title of city attorney. The
city attorney shall represent the city in all legal
Supp. No. 2 g
CHARTER
proceedings and shall perform such duties as
provided by this Charter, by the commission, or
by law.
(b) The city attorney maybe removed by a vote
of not less than four (4) commission members.
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.
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
accompanying message.
Section 7.03. Contents of budget.
Except as required by law or this Charter, the
budget shall provide a complete financial plan of
all city funds and activities for the ensuing fiscal
year and, except as required bylaw or this Char-
ter, shall be in such form as the city manager
deems desirable or the commission may require.
The budget shall begin with a clear general sum-
mary of its contents; shall show in detail all
estimated income, indicating the proposed prop-
erty tax levy, and all proposed expenditures, in-
cluding debt service, for the ensuing fiscal year;
and shall be so arranged as to show comparative
figures for actual and estimated income and ex-
penditures of the current fiscal year and actual
income and expenditures of the preceding fiscal
year. It shall indicate in separate sections:
(1) The proposed goals and objectives and
expenditures for current operations dur-
ing the ensuing fiscal year, detailed for
each fund by organizational unit, and
program, purpose or activity, and the
method of financing such expenditures;
(2) Proposed capital expenditures during the
ensuing fiscal year, detailed for each fund
§ 7.05
by organizational unit when practicable,
and the proposed method of financing'
each such capital expenditure; and
(3) The anticipated income and expense and
profit and loss for the ensuing year for
each utility or other enterprise fund oper-
ated by the city.
For any fund, the total of proposed expendi-
tures shall not exceed the total of estimated
income plus carried forward fund balance, exclu-
sive of reserves.
Section 7.04. Capital Program.
(a) Submission to commission. The city man-
ager shall prepare and submit to the commission
a current and five (5) year capital program no
later than the final date for submission of the
budget.
(b) Contents. The capital program shall in-
clude:
(1) A clear general summary of its contents;
(2) A list of all capital improvements and
other capital expenditures which are pro-
posed to be undertaken during the cur-
rent and five (5) fiscal years next ensuing,
with appropriate supporting information
as to the necessity for each;
(3) Cost estimates and recommended time
schedules for each improvement or other
capital expenditure;
(4) Method of financing upon which each cap-
ital expenditure is to be reliant; and
(5) The estimated annual cost of operating
and maintaining the facilities to be con-
structed or acquired.
The above shall be revised and extended each
year with regard to capital improvements still
pending or in process of construction or acquisi-
tion.
Section 7.05. Commission action on budget.
Approval of the annual city budget shall be by
resolution duly adopted by the commission, after
a public hearing, in accordance with the provi-
Supp. No. 2 9
$ 7.05
WINTER SPRINGS CODE
sions of general law. The annual city budget may
be amended by resolution duly adopted by the
commission.
Section 7.06. 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.
Section 7.07. Amendments after adoption.
(a) Supplemental appropriations. If during the
fiscal year the city manager certifies that there
are available for appropriation revenues in excess
of those estimated in the budget, the commission
by ordinance may make supplemental appropria-
tions for the year up to the amount of such excess.
(b) Emergency appropriations. 1b meet a pub-
lic emergency affecting life, health, property, or
the public peace the commission may make emer-
gency appropriations. 7.b the extent that there are
no available un-appropriated revenues to meet
such appropriations, the commission may by such
emergency ordinance authorize the issuance of
emergency notes and renewals of any fiscal year
shall be paid not later than the last day of the
fiscal year succeeding that in which the emer-
gency appropriation was made.
(c) Reduction of appropriations. if at any time
during the fiscal year it appears probable to the
city manager that the revenues available will be
insufficient to meet the amount appropriated, he
shall report to the commission without delay,
indicating the estimated amount of the deficit,
and the remedial action by him and his recom-
mendations as to any other steps to be taken. The
commission shall then take such further action as
it deems necessary to prevent or m;n;m;~e any
deficit and for that purpose it may by ordinance
reduce one or more appropriations.
(d) Transfer of appropriations. At any time
during the fiscal year the city manager may
transfer part or all of any unencumbered appro-
priationbalance among programs within a depart-
ment, office or agency, and, upon written request
by the city manager, the commission may by
ordinance transfer part or all of any unencum-
bered appropriation balance from one depart-
ment, office or agency to another.
(e) Limitations; effective date. No appropria-
tion for debt service may be reduced or trans-
ferred, and no appropriation may be reduced
below any amounts required by law to be appro-
priated or by more than the amount of the unen-
cumbered balance thereof. The supplemental and
emergency appropriations and reduction or trans-
fer of appropriations authorized by this section
may be made effective immediately upon adop-
tion.
ARTICLE VIII. NONIINATIONS AND
ELECTIONS
Section 8.01. The city elections.
The regular general city election for electing
the mayor and commission members from seats
two and four shall coincide with the Florida
Gubernatorial election years. The regular general
election for electing commission members from
seats one, three, and five shall coincide with the
United States Presidential election yeazs. The
entire electorate shall be entitled to vote in elec-
tions for mayor and commission members.
Section 8.02. Qualified voters.
All citizens qualified by the constitution and
laws of the State of Florida to vote in the city and
who satisfy the •requirements for registration pre-
scribed by law shall be qualified voters of the city
within the meaning of this Charter.
Section 8.03. Election procedures.
The city commission, by ordinance, shall adopt
such election procedures as are necessary.
Section 8.04. Non Partisan Elections.
Municipal elections shall be nonpartisan and
all officers shall be elected without reference to
their political faith or party affiliations.
Supp. No. 2 10
CHARTER
ARTICLE 1X. IlVI7.7ATIVE AND
REFERENDUM
Section 9.01. General authority.
(a) Initiative. The qualified voters of this city
shall have power to propose ordinances to the
commission and, if the commission fails to adopt
an ordinance so proposed without any change in
substance, to adopt or reject it at a city election,
provided that such power shall not extend to the
budget or capital program or any ordinance relat-
ing to appropriation of money, levy of taxes or
salaries of city officers or employees.
(b) Referendum. The qualified voters of the
city shall have power to require reconsideration
by the commission of any adopted ordinance and,
if the commission fails to repeal an ordinance so
reconsidered, to approve or reject it at a city
election, provided that such power shall not ex-
tend to the budget or capital program, or any
emergency ordinance or ordinances relating to
appropriation of money or levy of taxes.
Section 9.02. Commencement of proceed-
ings; petitioners' committee; af-
fidavit.
Any five (5) qualified voters may commence
initiative or referendum proceedings by filing
with the city clerk an affidavit stating that they
will constitute the petitioners' committee and be
responsible for circulating the petition and filing
it in proper form, stating their names and ad-
dresses and specifying the address to which all
notices to the committee are to be sent, and
setting out in full the proposed initiative ordi-
nance or citing the ordinance sought to be recon-
sidered.
Promptly after the affidavit of the petitioners'
committee is filed, the clerk shall issue the appro-
priate petition blanks to the petitioners' commit-
tee within thirty (30) calendar days.
Section 9.03. Petitions.
(a) Number of signatures. Initiative and refer-
endum petitions must be signed by qualified
voters of this city equal in number to at least
fifteen (15) per cent of the total number of quali-
§ 9.04
fled voters registered to -vote at the last regular
city election. When the registered electors of the
City of Winter Springs reaches 7,000, then the
percentage changes to ten (10) per cent and
remains ten (10) per cent thereafter.
(b) Form and content. All papers of a petition
shall be uniform in size and style and shall be
assembled as one instrument for filing. Each
signature shall be executed in ink or indelible
pencil and shall be followed by the address of the
person signing, and the date signed. Petitions
shall contain or have attached thereto throughout
their circulation the full test of the ordinance
proposed or sought to be reconsidered.
(c) Affidavit of circulator. Each paper of a pe-
tition shall have attached to it when filed an
affidavit executed by the circulator thereof stat-
ing that he personally circulated the paper, the
number of signatures thereon, that all signatures
were affixed in his presence, that he believes
them to be the genuine signatures of the per-
sons['] name they purport to be and that each
signer had an opportunity before signing to read
the full text of the ordinance proposed or sought
to be reconsidered.
(d) Mme for filing referendum petitions. Refer-
endum petitions must be filed within thirty (30)
days after adoption by the commission of the
ordinance sought to be reconsidered.
Section 9.04. Procedure after filing.
(a) Certificate of the clerk; amendments. Within
twenty (20) days after the petition is filed, the city
clerk shall complete a certificate as to its suffi-
ciency, specifying, if it is insufficient, the particu-
lars wherein it is defective and shall promptly
send a copy of the certificate to the petitioners'
committee by registered mail. A petition certified
insufficient for lack of a required number of valid
signatures may be amended once if the petition-
ers' committee files a notice of intention to amend
it with the clerk within two (2) days after receiv-
ing the copies of the clerk's certificate and files a
supplementary petition upon additional papers
within ten (10) days after receiving the copies of
said certificate. Such supplementary petition shall
comply with the requirements of subsections (b)
and (c) of Section 9.03 and within five (5) days
Supp. No. 2 11
§ 9.04
WINTER SPRINGS CODE
after it is filed with the clerk, the clerk shall
complete a certificate as to sufficiency of the
petition as amended and promptly send a copy of
said certificate to the petitioners' committee by
registered mail as in the case of an original
petition. When a petition or amended petition is
certified insufficient and the petitioners' conunit-
tee does not elect to amend or request commission
review under subsection (b) of this section within
the time required, the clerk shall promptly present
his certificate to the commission and the certifi-
cate shall then be a final determination as to the
sufficiency of the petition.
(b) Commission review. If a petition has been
certified insufficient and the petitioners' commit-
tee does not file a notice of intention to amend it
or if an amended petition has been certified
insufficient, the committee may within two (2)
days after receiving the copy of said certificate,
file a request that it be reviewed by the commis-
sion. The commission shall review the certificate
at its next meeting following the filing of such
request and approve or disapprove it, and the
commission determination shall then be a final
determination as to the sufficiency of the petition.
(c) Court review; new petition. A final determi-
nation as to the sufficiency of a petition shall be
subject to court review. A determination of insuf-
ficiency, even if sustained upon court review, shall
not prejudice the filing of a new petition for the
same purpose.
Section 9.05. Referendum petitions; suspen-
sion of effect of ordinance.
When a referendum petition is filed with the
city clerk, the ordinance sought to be reconsidered
shall be suspended from taking effect. Such sus-
pension shall terminate when:
(1) There is a final determination of suffi-
ciency of the petition; or
(2) The petitioners' committee withdraws the
petition; or
(3) The commission repeals the ordinance; or
(4) The supervisor of elections shall certify
that the vote of the electorate failed to
repeal the ordinance reconsidered.
Section 8.06. Action on petition.
(a) Action by commission. When an initiative
or referendum petition has been finally deter-
mined sufficient, the commission shall properly
consider the proposed initiative ordinance in the
manner provided in Article 1V, Section 4.15, or
reconsider the referred ordinance by voting its
repeal. If the commission fails to adopt a proposed
initiative ordinance without any change in sub-
stance within sixty (60) days or fails to repeal the
referred ordinance within thirty (30) days of the
date the ordinance was finally determined suffi-
cient, it shall submit the proposed referred ordi-
nance to the voters of the city.
(b) Submission to voters. The vote of the city on
a proposed or referred ordinance shall be held not
less than ninety (90) days and not later than one
year from the date of the final commission vote
thereon. If no regular city election is to be held in
the period prescribed in this subsection, the com-
mission shall provide for a special election; other-
wise, the vote shall be held at the same time as
said regular election, except that the commission
[may] in its discretion provide for a special elec-
tion at an earlier date within the prescribed
period. Copies of the proposed or referred ordi-
nance shall be made available at the polls.
(c) l~thdrawal of petition. An initiative or ref-
erendum petition may be withdrawn at any time
prior to the fifteenth day preceding the day sched-
uled for a vote of the city by filing with the city
clerk a request for withdrawal signed by at least
four (4) members of the petitioners' committee.
Upon the filing of such request the petition shall
have no further force or effect and all proceedings
thereon shall be terminated.
Section 9.07. Results of election.
(a) Initiative. If a majority of the qualified
voters voting on a proposed initiative ordinance
vote in its favor, it shall be considered adopted
upon certification of the election results and shall
be treated in all respects in the same manner as
ordinances of the same kind adopted by the com-
mission. If conflicting ordinances are approved at
the same election the one receiving the greatest
number of affirmative votes shall prevail to the
extent of such conflict.
Supp. No. 2 1Z
CHARTER
(b) Referendum. If a majority of the qualified
electors voting on a referred ordinance vote against
it, it shall be considered repealed upon certifica-
tion of the election results.
ARTICLE %. AMENDMENTS
Section 10.01. General Authority.
Amendments to this Charter may be proposed
and adopted by the legislature of the State of
Florida or by the city commission pursuant to the
home rule powers granted under the Constitution
of the State of Florida, or by qualified voters
pursuant to Article IX of this Charter.
ARTICLE XI. SEVERABILITY
Section 11.01. Severability.
If any provision of this Charter is held invalid
the other provisions of the Charter shall not be
affected thereby. If the application of the Charter
or any of its provisions to any person or circum-
stance is held invalid, the application of the
Charter and its provisions to other persons or
circumstances shall not be affected thereby.
ARTICLE IfII. POWERS
Section 12.01. Powers generally.
As provided in Article VIII, Section 2(b) of the
State Constitution, the City of Winter Springs
shall have the governmental, corporate and pro-
prietary powers to enable the city to conduct
municipal government, perform municipal func-
tions and render municipal services and may
exercise any power for municipal purposes except
when expressly prohibited by law.
ARTICLE %III. TRANSITIONAL
PROVISIONS
Section 13.01. City ordinances.
All city ordinances and resolutions which are
in force when this Charter becomes fully effective
shall remain in full force and effect to the extent
that they are not in conflict with this Charter.
Section 13.02. City contracts.
$ 13.04
All rights, claims and contracts shall continue
except as modified pursuant to the provisions of
this Charter.
Section 13.03. City officials.
All elected and appointed city officials shall
retain their respective positions until the first
election held pursuant to the requirements of this
Charter.
Section 13.04. First Elections under Char-
ter.
(a) The first election to be held under this
Charter shall be for the purpose of electing per-
sons to fill the offices of mayor and of the two
commission members from seats designated as
two and four respectively under the former Char-
ter and as commission seats two and four under
this Charter, and whose terms expire in the year
2002. This first election shall be held at the time
provided for in Section 8.01 of this Charter for the
election of mayor and of commission members
fiom seats designated as two and four. The mayor
and the two (2) commission members elected at
this election shall serve for terms of four (4) years
and until their successors are elected and quali-
fied.
(b) The second election to be held under this
Charter shall be for the purpose of electing per-
sons to fill the offices of those commissioners from
seats designated as one, three and five respec-
tively under the former Charter and as commis-
sion seats one, three, and five under this Charter
and whose terms expire in the year 2003, but
which terms are hereby extended for a period of
one year to the year 2004. Said second election
shall be held at the time provided for in Section
8.01 of this Charter for the purpose of electing
commission members from commission seats des-
ignated as numbers one, three, and five respec-
tively under this Charter. The commission mem-
bers elected at this election shall serve for terms
of four (4) years and until their successors have
been elected and qualified.
Supp. No. 3 13
¢ 13.04
WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 3 14
CHARTER
APPENDIX A TERRITORIAL
BOUNDARIES
The territorial boundaries of the City of Winter
Springs, Florida, shall be: All those certain par-
cels of land lying and being in Seminole County,
Florida, more particularly described as follows:
Beginning at the intersection of the South line of
North Orlando Ranches, Section 3, Extended, as
recorded in Plat Book 12, Page 34, Public Records
of Seminole County, Florida, with the West line of
Section 10, Township 21 South, Range 30 East;
run thence North 81°46'40" East a distance of
1289.14 feet to the Southwest corner of Lot 3,
Block C, North Orlando Ranches Section 3; thence
North 81°46'40" East a distance of 1375.24 feet to
the Southeast corner of Lot 8, said Block C;
thence North 04°27'08" East a distance of 317.00
feet; thence North 81°46'35" East a distance of
2102.08 feet; thence South 03°19'61" West a dis-
tance of 650.00 feet to the Southwest corner of Lot
7, Block D, North Orlando Ranches Section 1, as
recorded in Plat Book 12, Page 3, Public Records
of Seminole County, Florida; thence North 81°51'29"
East a distance of 972.03 feet; thence South
05°18'29" West a distance of 2251.91 feet to the
Southwest corner, Tract A, North Orlando Ranches,
Section 7, as recorded in Plat Book 13, Page 3,
Public Records of Seminole County, Florida; thence
North 82°51'47" East a distance of 3099.38 feet
along the South line of North Orlando Ranches,
Section 7, to the East right-of--way of Fisher Road
and a curve concave Westerly with a radius of
627.35 feet; run thence 148.84 feet Southerly
along said curve through a central angle of
13°35'38" to the Point of Tangency; thence South
04°07'45" West a distance of 1389.66 feet to the
Southeast corner of that parcel of land described
in O.R. Book 04355, Page 0863, Public Records of
Seminole County, Florida; run thence Easterly
approximately 680 feet to the Southeast comer of
said parcel; thence North 02°43'24" West a dis-
tance of 382.41 feet; thence North OS°20'54" West
a distance of 213.03 feet; thence North 00°20'12"
West a distance of 567.05 feet; thence South
85°28'11" East a distance of 234.36 feet; thence
North 04°13'22" East a distance of 173.18 feet;
thence North 63°16'04" East a distance of 232.31
feet; thence South 85°54'28" East a distance of
162.43 feet; thence South 01°26'58" West a dis-
App. A
tance of 295.40 feet; thence South 85°28'11" East
a distance of 361.18 feet; thence North 00°51'21"
East a distance of 301.09 feet; thence South
85°22'34" East a distance of 297.19 feet to the
Northwest corner of Tuscawilla Unit 5 as re-
corded in Plat Book 20, Page 18, Public Records of
Seminole County, Florida; thence South 04°57'42"
West a distance of 300.00 feet; thence South
00°19'33" East a distance of 1057.79 feet to the
Southwest corner of said Tuscawilla Unit 5; thence
North 74°46'52" East a distance of 795.72 feet to
the Northwest corner of Tuscawilla Trails Subdi-
vision as recorded in Plat Book 41, Page 6, Public
Records of Seminole County, Florida; thence South
03°15' West a distance of 100.00 feet; thence
South 86°48' East a distance of 1090.71 feet to the
West right-of--way line of Tuskawilla Road and a
point on a curve concave Southeasterly having a
radius of 648.31 feet; run 166.37 feet Northerly
along said curve through a central angle of
14°42'11"; thence North 86°46'09" West a dis-
tance of 43.09 feet; thence North 43°25'40" East
along the West right-of-way line of Tuskawilla
Road a distance of 897.60 feet; thence South
84°56'22" East a distance of 484.37 feet to the
West line of Winter Springs Unit 4 as recorded in
Plat Book 18, Page 7, Public Records of Seminole
County, Florida; thence South 04°04'15" West
along said West line a distance of 1944.22 feet to
the Southeast corner of Lake Tuskawilla Phase 1
as recorded in Plat Book 34, Page 69, Public
Records of Seminole County, Florida; thence North
84°55'22" West a distance of 1121.09 feet to the
Westright-of--way line of Tuskawilla Road; thence
South 04°24'22" West along said West right-of-
way line a distance of 865.48 feet; thence South
85°00'00" East a distance of 1220.50 feet; thence
South 57°08'04" East a distance of 184.34 feet;
thence South 35°08'02" East a distance of 164.69
feet; thence North 37°09'51" East a distance of
190.00 feet to the Northwest corner of Lot 11,
Block D, Winter Springs, as recorded in Plat Book
15, Page 81, Public Records of Seminole County,
Florida; thence South 52°50'29" East a distance of
170.00 feet; thence North 37°09'51" East a dis-
tance of 99.14 feet; thence South 52°50'29" East a
distance of 284.65 feet; thence North 31°06'10"
East a distance of 226.87 feet; thence South
85°00'00" East a distance of 458.83 feet; thence
South 20°29'25" West a distance of 50.00 feet;
Supp. No. 12 15
App. A
WINTER SPRINGS CODE
thence South 56°17'22" East a distance of 258.58
feet; thence North 42°34'49" East a distance of
247.48 feet; thence South 52°50'49" West a dis-
tance of 314.86 feet to the Northeast corner of Lot
11, Block G of the aforesaid Winter Springs;
thence Southwesterly along the East boundary of
Winter Springs to the Southeast corner of Winter
Springs; thence South 05°00'00" West a distance
of 33.00 feet to the South line of Gardena Farms
as recorded in Plat Book G, Page 23, Public
Records of Seminole County, Florida; thence South
85°00'00" East a distance of 2837.17 feet to the
Southeast corner of Gardena Farms; thence South
84°48'16" East a distance of 2404.62 feet to the
Southeast corner of Winter Springs Unit 3 as
recorded in Plat Book 17, Page 89, Public Records
of Seminole County, Florida; thence North 00°15'09"
East a distance of 2167.89 feet; thence North
87°02'43" East a distance of 1083.26 feet; thence
North 85°14'00" East a distance of 602.06 feet;
thence South 00°14'26" East a distance of 687.30
feet; thence South 69°34'29" East a distance of
750.00 feet to the Northeast corner of ~ska
Ridge Unit 4 as recorded in Plat Book 46, Page 78,
Public Records of Seminole County, Florida; thence
South 50°17'37" West a distance of 423.20 feet; to
the point of curvature of a curve concave easterly
having a radius of 750.00 feet; run thence South-
easterly along said curve through a central angle
of 138°34'35" a distance of 1813.96 feet; thence
South 01°11'40" West a distance of 484.48 feet;
thence South 57°48'19" West a distance of 36.75
feet to the Northwest corner of Lot 12, Oviedo
Crossing, Phase 1B as recorded in Plat Book 47,
Page 80, Public Records of Seminole County Flor-
ida; run thence Easterly and Northerly along the
Western boundary of Lot 12 of Oviedo Crossing,
Phase 1B to the Northeast corner of said Lot 12
which is on the West right-of--way of Dovera Drive
as shown on the plat of Oviedo Crossings, Phase 3
recorded in Plat Book 53, Page 29, Public Records
of Seminole County Florida, said point being
North 13°45'09" East 128.28 feet from the South-
west corner of said plat; run thence Northeasterly
along the westright-of--way line of Dovera Drive a
distance of 1004.00 feet; thence North 73°53'18"
West a distance of 156.52 feet; thence North
14°41'17" Weat a distance of 167.67 feet; thence
South 88°50'21" West a distance of 532.80 feet;
thence North 00°14'26" West along the East bound-
ary and an extension thereof of Zliskawilla Unit 7
as recorded in Plat Book 22, Page 41, Public
Records of Seminole County, Florida a distance of
2157.34 feet to the Southwest corner of ~skawilla
Unit 13 recorded in Plat Book 29, Pages 1 & 2,
Public Records of Seminole County, Florida; thence
North 89°51'03" East a distance of 2741.19 feet;
thence South 86°51'22" East a distance of 58 feet
to the Southeast corner of said Z~skawilla Unit
13 and the Southwest corner of Chestnut Estates
Phase 1 as recorded in Plat Book 48, Page 47,
Public Records of Seminole County, Florida; run
thence along the South line of said Chestnut
Estates Phase 1, South 86°51'22" East a distance
of 1227.44 feet; run thence North 00°04'00" East
along the East line of said Chestnut Estates,
Phase 1 a distance of 1660.19 feet to the South-
west corner of Lot 214, ~scawilla Unit 14B as
recorded in Plat Book 37, Page 6, Public Records
of Seminole County, Florida; thence North 89°15'45"
East a distance of 672.03 feet to the Southeast
corner of Lot 219, ~scawilla Unit 14B, as re-
corded in Plat Book 37, Page 6, Public Records of
Seminole County, Florida; thence North 00°02'21"
East a distance of 989.84 feet to the South line of
Lot 229, 1~scawilla Unit 14B; thence South
89°13'52" East a distance of 673.21 feet to the
East right-of--way line of State Road 417; thence
North 00°00'24" East a distance of 1318.99 feet;
thence North 89°09'58" West a distance of 1349.55
feet; thence North 00°25'38" West a distance of
745.20 feet; thence South 89°58'22" East a dis-
tance of 988.75 feet; thence North 00°40'35" East
along the Westright-of--way line of State Road 41?
a distance of 745.55 feet; to the point of curvature
of a curve concave Westerly having a radius of
3375.94 feet; run 270.45 feet Northerly along said
curve through a central angle of 04°35'24" thence
North 55°45'00" West along the Northerly right-
of-way line of the CSX railroad a distance of
1187.20 feet; thence North 00°30'53" West a dis-
tance of 144.75 feet to the Southwest corner of
Section 4, Zbwnship 21 South, Range 31 East;
thence North 88°39'56" East a distance of 1294.50
feet to the Southwest corner of Worthington, as
recorded in Plat Book 55, Page 7, Public Records
of Seminole County, Florida; thence North 00°40'44"
West along the West line of Worthington a dis-
tance of 1134.57 feet; thence South 88°42'20" East
a distance of 77.02 feet; thence North 00°38'03"
Supp. No. 12 16
CHARTER
East along the West line of Cassa-Villa-Heights
as recorded in Plat Book 10, Page 97, Public
Records of Seminole County, Florida a distance of
655.99 feet; thence South 88°42'20" East a dis-
tance of 300.00 feet; thence North 03°12'47" West
a distance of 209.65 feet to the Northerly right-
of-way line of State Road 417; thence North
84°04'12" West a distance of 267 feet; thence
North 560 feet; thence North 88°59'21" East a
distance of 2368.07 feet; thence South 00°21'53"
West a distance of 599.93 feet to the North right-
of-way line of State Road 434; thence North
89°16'58" East along said right-of--way line a
distance of 1005.56 feet; thence North 00°05'25"
East a distance of 309.19 feet; thence North
88°48'36" East a distance of 692.15 feet; thence
South 00°21'39" East a distance of 320.94 feet to
the aforesaid North right-of--way line of State
Road 434; thence North 89°23'02" East along said
right-of--way line a distance of 665.45 feet; thence
North 00°37'32" West a distance of 984.12 feet;
thence North 89°43'46" East a distance of 409.69
feet; thence North 02°20'25" East a distance of
100.10 feet; thence North 89°43'41" East a dis-
tance of 205.00 feet to the West right-of--way line
of DeLeon Street; thence North a distance of
800.00 feet; thence West a distance of 330.00 feet;
thence North a distance of 70.00 feet; thence West
a distance 330.00 feet; thence North 330.00 feet;
thence East for a distance of 660.00 feet; thence
North 00°58'58" West along the Westright-of--way
line of DeLeon Street a distance of 773.18 feet;
thence South 89°13'57" West a distance of 481.69
feet; thence North 09°35'50" East a distance of
29.81 feet; thence South 89°01'14" West a dis-
tance of 6224.16 feet along the North lines of
Sections 3, 4 & 5, Zbwnship 21 South, Range 31
East; thence North 00°14'49" West a distance of
1003.76 feet; thence South 72°47'27" West along
the shore of Lake Jesup a distance of 105.28 feet;
thence South 05°34'34" West a distance of 1657.81
feet; thence South 89°18'43" West a distance of
204.30 feet to the West right-of--way line of State
Road 417; thence North 27°20'30" West a distance
of 1550.80 feet; thence North 89°38'22" West a
distance of 1083.88 feet to the East line of Block
B, First Addition to Mineral Springs Park as
recorded in Plat Book 8, Page 46, Public Records
of Seminole County, Florida; thence South 04°31'17"
East a distance of 269.50 feet; thence North
Supp. No. 12 17
App. A
87°32' East a distance of 193.60 feet; thence
South 00°12' West a distance of 321.70 feet;
thence South 06°05' West a distance of 507.30
feet; thence West a distance of 366.60 feet to the
East right-of--way line of Spring Avenue; thence
South O1°01'41" East a distance of 935.08 feet;
thence South 89°51'49" West a distance of 1002.74
feet to the Southwest corner of Lot 16, Philip R.
Yonge Grant, Section 5, Zbwnship 21 South, Range
31 East as recorded in Plat Book 1, Page 35,
Public Records of Seminole County, Florida; thence
North Ol°09'25" West along the west line of said
Lot 16 and Mineral Springs Pazk 2nd Addition as
recorded in Plat Book 11, Page 45, Public Records
of Seminole County, Florida; a distance of 1495.00
feet; thence Northwesterly along the water's edge
of Lake Jesup 6400 feet, more or less, to the
Northwest corner of St. Johns's Landings as re-
corded in Plat Book 53, Page 45, Public Records of
Seminole County, Florida; Run thence South
29°24'23" West a distance of 592.85 feet to an
extension of the South right-of--way line of Orange
Avenue; thence Northwest along the South right-
of-way of Orange Avenue for a distance of 530.00
feet; thence Northeasterly along the West line of
Lot 10, ~.skawilla Shores, Plat Book 6, Page 93,
Public Records of Seminole County, Florida; for a
distance of 600.00 feet to Lake Jesup; thence
Westerly along said Lake to the Northwest corner
of Lot 5 of the aforesaid plat to 1~skawilla Shores;
thence Southwesterly to the Southwest corner of
said Lot 5; thence Northwesterly along the North
right-of--way of Orange Avenue to the Southwest-
erlycorner of Lot 6 of Estes 1~skawilla, Plat Book
8, Page 29, Public Records of Seminole County,
Florida; thence Northeasterly along the West line
of Lot 6 for a distance of 370.00 feet; thence North
60° West to the West line of Lot 5 of said Plat;
thence Northeasterly along said line to Lake
Jesup; thence Westerly along the Shore of Lake
Jesup for a distance of 180.00 feet; thence South-
westerly along the West line of Lot 2 of said Plat
to Orange Avenue; thence Northwesterly along
Orange Avenue 235.00 feet; thence Northeasterly
250.00 feet; thence Southeasterly 100.00 feet;
thence Northeasterly to Lake Jesup; thence along
the shore of Lake Jesup 170.00 feet; thence South-
westerly 700.00 feet to Orange Avenue; thence
Northwesterly along Orange Avenue 750.00 feet;
thence Northeasterly to Lake Jesup; thence along
App. A
WINTER SPRINGS CODE
the shore of Lake Jesup 660.00 feet; thence South-
westerly along the West line of the East one half
of Lot 7 and a Southerly extension to the South
right-of--way of Orange Avenue; thence Northwest-
erly along said right-of--way to the Northwest
corner of Lot 12, D.R. Mitchell's Survey of Levy
Grant, Plat Book 1, Page 5, Public Records of
Seminole County, Florida; thence Northeasterly
along the East line of Lot 9 of said Plat to the
water's edge of Lake Jesup; run thence Westerly
along said water's edge a distance of 2550 feet
more or less to the Northeast comer of the West
one half of Lot 3, Block C of the aforesaid D.R.
Mitchell's Survey of the Levy Grant; thence South
08°12'44" East a distance of 1554.89 feet; thence
South 83°05'46" West a distance 250.00 feet;
thence North 07°59'42" West a distance of 1003.64
feet to the Southeast comer of Tract C, Parkstone
Unit 3 as recorded in Plat Book 58, Page 17,
Public Records of Seminole County, Florida; thence
North 06°38'26" West a distance of 500.34 feet to
the Northeast corner of said Tract C; Run West-
erly and Northerly along the water's edge of Lake
Jesup approximately 5700 feet to the Northerly
extension of the East line of Lot 10, Block C, D.R.
Mitchell's Survey of the Levy Grant; thence South
08°02'00" East a distance of 2175.66 feet to the
Northeast comer of Entzminger Farms Addition
Number 2 as recorded in Plat Book 5, Page 9,
Public Records of Seminole County, Florida; thence
South 84°25'04" West a distance of 2549.93 feet;
thence North 74°17'03" West a distance of 1608.78
feet; thence South 07°38'40" East along the West
line of Hartmans Industrial Park as recorded in
Plat Book 32, Page 99, Public Records of Seminole
County, Florida a distance of 1081.08 feet to the
South line of The Old Sanford-Oviedo Road; thence
North 76°17'58" West a distance of 231.75 feet;
thence North 07°35'42" West a distance of 230.15
feet; thence South 83°14'11" West a distance of
966.96 feet to the East right-of--way line of State
Road 419 and a curve concave Northeasterly
having a radius of 2129.93 feet; run 700.57 feet
Northerly along said curve and said right-of--way
line through a central angle of 18°50'44"; thence
continue along said right-of--way line North
12°16'16" West a distance of 4468.27 feet to the
point of curvature of a curve concave Easterly
having a radius of 2423.72 feet; run 705.52 feet
Northerly along said curve through a central
angle of 16°40'42" to the point of tangency; thence
North 00°30'54" East a distance of 543.18 feet to
the point of curvature of a curve concave Easterly
having a radius of 1560.97 feet; run 369.93 feet
Northerly along said curve through a central
angle of 13°34'42" to the point of reverse curva-
ture of a curve concave Westerly having a radius
of 1846.06 feet; run 358.31 feet Northerly along
said curve through a central angle of 11°07'15";
thence North 00°24'54" West a distance of 1022.16
feet to the point of curvature of a curve concave
Westerly having a radius of 403.67 feet; run
285.08 feet Northwesterly along said curve through
a central angle of 40°27'48" to the Southeastern
right-of--way line of U.S. Highway 17-92; thence
South 40°14'04" West a distance of 502.69 feet;
thence South 49°51'57" East a distance of 160.73
feet; thence North 90°00'00" East a distance of
80.00 feet; thence North 00°00'00" East a distance
of 160.00 feet; thence North 90°00'00" East a
distance of 113.62 feet; thence South 00°24'54"
East a distance of 959.34 feet to the point of
curvature of a curve concave Westerly having a
radius of 1746.07 feet; run 340.77 feet Southerly
along said curve through a central angle of
11°10'56" to the point of reverse curvature of a
curve concave Easterly having a radius of 1660.89
feet; run 388.19 feet Southerly along said curve
through a central angle of 13°23'29"; thence South
00°31'24" West a distance of 540.72 feet to the
point of curvature of a curve concave Easterly
having a radius of 2523.72 feet; run 734.54 feet
Southerly along said curve through a central
angle of 16°40'34"; thence South 12°16'16" East a
distance of 4468.22 feet to the point of curvature
of a curve concave Easterly having a radius of
1987.00 feet; run 261.57 feet Southerly along said
curve through a central angle of 07°32'33"; thence
South 84°14'52" West a distance of 398.33 feet to
the East line of Highland Lake, Phase 2, as
recorded in Plat Book 48, Public Records of Sem-
inole County, FL; thence North OS°07'25" West a
distance of 3411.66 feet; thence North 70°20'58"
West a distance of 1551.22 feet; thence South
81°30'23" West a distance of 851.10 feet to the
Northwest corner of the Highlands, Section 1, as
recorded in Plat Book 18, Page 95, Public Records
of Seminole County, Florida; thence North 00°52'46"
West a distance of 246.20 feet; thence South
89°28'35" West a distance of 744.60 feet; thence
Supp. No. 12 18
CHARTEK
South 00°41'46" East a distance of 1220.44 feet;
thence South 85°51'51" West a distance of 218.56
feet; thence South 00°45'11" East a distance of
358.83 feet to the North right-of--way line of
Shepard Road; thence South 84°22'19" West a
distance of 82.49 feet to the Southeast corner of
Spring Hammock Replat as recorded in Plat Book
7, Page 96, Public Records of Seminole County,
Florida; thence North 00°41'46" West a distance
of 409.84 feet; thence South 89°51'55" West a
distance of 1182.07 feet to the East right of way of
U.S. Highway 17-92 and a curve concave South-
easterly having a radius of 5758.51 feet; run
975.00 feet Southwesterly along said curve to a
point 5.00 feet South of the South line of Lot 17,
Block B, Oak Grove Park as recorded in Plat Book
7, Page 83, Public Records of Seminole County,
Florida; thence South 60°25'22" East along a line
5.00 feet South of an parallel to said line a
distance of 505.00 feet; thence South 04°06'14"
West a distance of 520.00 feet to the Southeast
corner of Lot 13, said Block B; thence North
67°25'16" West a distance of 653.89 feet to the
East right-of--way line of U.S. Highway 17-92 and
a curve concave Easterly having a radius of 7811.16
feet; run 216.21 feet Southerly along said curve
through a central angle of Ol°35'09"; thence South
69°23'37" East a distance of 698.53 feet to the
Northeast corner of Boat Lake Terrace as re-
corded in Plat Book 11, Page 3, Public Records of
Seminole County, Florida; thence South 05°04'21"
West a distance of 199.70 feet; thence North
71°32'45" West a distance of 736.37 feet to the
East right-of--way line of U.S. Highway 17-92 and
a curve concave Easterly having a radius of 7810.10
feet; run 426.73 feet Southerly along said curve
through a central angle of 03°07'50"; thence South
77°09'12" East a distance of 792.13 feet to the
Northeast corner of Lot 4, Block B of the aforesaid
Oak Grove Plat; thence South 05°04'22" West a
distance of 285.45 feet to the North line of
Entzminger Farms Addition Number 3 as re-
corded in Plat Book 6, Page 27, Public Records of
Seminole County, Florida; thence South 83°29'30"
West along said North line a distance of 380.64
feet; thence South 05°17'58" West a distance of
315.34 feet; thence South 83°29'14" West a dis-
tance of 495.24 feet to the Easterly right-of--way of
U.S. Highway 17-92; thence South 05°52'01" West
along said right-of--way line a distance of 470.66
App. A
feet; thence North 83°26'38" East along the North
right-of--way line of Florida Avenue a distance of
1268.64 feet to an intersection with the West line
of Block D of Flamingo Springs as recorded in
Plat Book 8, Page 72, Public Records of Seminole
County, Florida; run thence Southeasterly along
said West line of Block D a distance of approffi-
mately 260 feet to the Southwest corner of Lot 9 of
said Block D; run thence North 83°27'09" East a
distance of 374.60 feet to the Southeast corner of
said Lot 9, Block D; thence South 04°43'28" West
a distance of 1205.49 to the Southeast corner of
Williamson Heights as recorded in Plat Book 12,
Page 36, Public Records of Seminole County,
Florida thence South 82°56'32" West a distance of
884.25 feet to the Southwest corner of said Wil-
liamson Heights; thence North 04°29'00" a Dis-
tance of 297.98 feet; thence South 84°09'57" West
a distance of 825.51 feet to the Easterly right-of-
way line of U.S. Highway 17-92; thence South
04°49'28" West a distance of 303.78 feet to the
North right-of--way line of Nursery Road; thence
North 83°44'32" East a distance of 435.72 feet;
thence South 04°21'49" West a distance of 201.84
feet to the Southwest corner of Lot 1, Block D,
Talmo Subdivision as recorded in Plat Book 17,
Page 10, Public Records of Seminole County,
Florida; thence North 83°16'08" East a distance of
473.33 feet through the Southeast corner of Lot
12, said Block D, to the East right-of--way line of
Talmo Street; thence South 04°45'00" West a
distance of 1882.48 feet to the centerline of State
Road 434; thence South 89°36'08" West a distance
of 590.45 feet; thence South 10°32'40" West a
distance of 253.10 feet; thence North 83°07'59"
East a distance of 657.81 feet; thence North
O1°41'09" East a distance of 124.33 feet to the
South right-of--way line of State Road 434; thence
North 90°00'00" East a distance of 1870.00 feet;
thence North 80.00 feet more or less to the North
right-of--way of State Road 434; thence North
03°06'26" West, 50.18 feet; thence South 89°59'34"
East, 336.26 feet; thence South 00°49'13" East,
91.83 feet to the North right-of--way of State Road
434; thence South 80.00 feet more or less to the
South right-of--way of State Road 434; thence East
365.00 feet; thence South 07°20'39" East along
the West line of Lot 2, Lew-Jim Subdivision as
recorded in Plat Book 11, Page 38, Public Records
of Seminole County, Florida a distance of 198.79
Supp. No. 12 19
App. A
WIIVTER SPRINGS CODE
feet to the Southwest corner of said Lot 2; thence
South 83°22'51" West a distance of 411.22 feet;
thence South 07°48'55" East a distance of 479.90
feet; thence North 83°43'02" East a distance of
606.23 feet to the East right-of--way line of Belle
Avenue; thence South 07°52'30" East a distance of
380.17 feet; thence North 83°41'32" East a dis-
tance of 475.42 feet; thence South 08°03'17" East
a distance of 367.35 feet to the Southwest corner
of Walden grace as recorded in Plat Book 18,
Page 69, Public Records of Seminole County,
Florida; thence North 84°36'03" East a distance of
632.94 feet; thence South 08°09'51" East a dis-
tance of 323.48 feet to the Southwest corner of Lot
7 of said Walden Terrace; thence South 82°44'51"
West a distance of 636.77 feet to the East right-
of-way line of David Drive; thence South 08°02'00"
East a distance of 3001.70 feet; thence South
82°39'35" West a distance of 195.89 feet to the
West line of Section 3, Township 21 South, Range
30 East; thence South 00°39'12" West along the
West line of Section 3 and the West line of Section
10, Zbwnship 21 South, Range 30 East a distance
of 2488.28 feet; to the Point of Beginning;
LESS THE FOLLOWING PARCELS:
A. Lot 7, less the West 55 feet thereof, and
the West one half of Lot 8, Entzminger
Farms Addition Number 2, as recorded in
Plat Book 5, Page 9, Public Records of
Seminole County, Florida.
B. Lot 9, Entzminger Farms Addition Num-
ber 2, as recorded in Plat Book 5, Page 9,
Public Records of Seminole County, Flor-
ida.
C. The East one half of Lots 41 and 42,
Entzminger Farms Addition Number 2,
as recorded in Plat Book 5, Page 9, Public
Records of Seminole County, Florida.
D. Lots 25 and 32, Entzminger Farms Addi-
tion Number 2, as recorded in Plat Book
5, Page 9, Public Records of Seminole
County, Florida, less road right-of--way.
E. The West 774.9 feet of the East 1028.5
feet of Lot 9, Block D, D.R. Mitchell's
Survey of the Levy Grant, as recorded in
Plat Book 1, Page 5, Public Records of
Seminole County, Florida, lying South of
State Road 434.
F. Lot 24, Block D, D.R. Mitchell's Survey of
the Levy Grant, as recorded in Plat Book
1, Page 5, Public Records of Seminole
County, Florida, less road right-of--way.
G. Beginning at the Northeast corner of Lot
4, Gardena Farms, as recorded in Plat
Book 6, Page 23, Public Records of Semi-
nole County, Florida; run thence North
84°48'49" West along the North line of
Lots 4 and 5 of Gardena Farms a distance
of 1351.75 feet to the West right-of-way
line of Tuskawilla Road; run thence North-
erly along the West right-of--way line of
Tuskawilla Road a distance of approxi-
mately 1075 feet to the Northeast corner
of Tract A, Avery Park as recorded in Plat
Book 60, Page 33, Public Records of Sem-
inole County, Florida; run thence North
87°02'40" West a distance of 387.79 feet;
thence North 03°37'30" East a distance of
480.00 feet; thence North 87°02'40" West
a distance of 974.77 feet; thence North
550 feet; thence East along the North
right-of-way of Natures Way 275.00 feet;
thence South 500.00 feet; thence East
225.00 feet along the North right-of--way
of Milky Way; thence North 500 feet;
thence East along the North right-of-way
of Natures Way 1150.00 feet to the West
right-of--way of Tuskawilla Road; thence
South 14° West along said right-of--way
for a distance of 50.00 feet to a point on
the South right-of-way of Natures Way;
thence West along said right-of--way for a
distance of 350.00 feet; thence South 225.00
feet; thence East 400.00 feet to the East
right-of--way of Tuskawilla Road; thence
South 13°21'42" West a distance of 262.51
feet along said right-of--way line; thence
South 87°22'08" East a distance of 639.65
feet to the Easterly line of the CSX right-
of-way; thence South 06°59'19" East a
distance of 329.06 feet along said right-of-
way to the point of curvature of a curve
concave Easterly having a radius of 1967.00
feet; thence Southerly along said curve a
Supp. No. 12 20
CIiARTER
distance of 655.47 feet through a central
angle of 19°05'35"; thence South 86°29'50"
East a distance of 1449.46 feet to the East
line of the Moses E. Levy Grant; thence
South 04°13'03" West a distance of 508.82
feet to a point on a curve concave North-
erlyhaving aradius of 654.81 feet; thence
Easterly along curve a distance of 344.50
feet through a central angle of 30°08'37";
thence South 00°36'11" East a distance of
912.73 feet to the South right-of--way line
of the CSX railroad; thence North 55°19'
West along said right-of--way line a dis-
tance of 577.32 feet; thence South 24°27'43"
West a distance of 144.70 feet to the North
right-of--way line of Railroad Avenue; thence
North 57°08'47" West along said North
right-of--way line of Railroad Avenue a
distance of 628.60 feet; thence North
85°39'35" West a distance of 643.45 feet to
the East line of Gardena Farms; thence
North 04°20'25" East a distance of 388.78
feet to the Point of Beginning.
H. That part of Section 4, Zbwnship 21 South,
Range 31 East, Seminole County, Florida
described as follows: Commence at the
Southeast corner of Barrington Estates,
Plat Book 62, Page 80, Public Records of
Seminole County, Florida; thence North
00°21'31" West, 306.84 feet to the Point of
Beginning; thence South 89°51'33" West,
25.00 feet; thence North 00°21'31" West,
25.00 feet; thence North 89°51'33" East,
25.00 feet; thence South 00°21'31" East to
the Point of Beginning.
Note: The foregoing legal description is based on
the following data:
1. The City of Winter Springs Subdivision
and Parcel Map dated November 2007,
prepared by Southeastern Surveying.
2. Property ownership maps prepared by the
Seminole County Property Appraiser for
29 sections.
3. Recorded plats of subdivisions affecting
the legal description, utilizing 122 plat
book pages.
TSS Order Number T07-F08
TSS File Number SX-7930
(Ord. No. 2008-09, § 2, 5-27-08)
App. A
Ordinances Anne~ng Property to the City
Ord. No. Ddte Ord. No. Ddte
2000-OS 4-10-00 2003-18 6-23-03
2000-22 8-14-00 2003-27 7-28-03
2000-24 8-14-00 2003-42 1-12-04
2000-33 11-13-00 2004-09 2- 9-04
2000-36 11-27-00 2004-15 5-24-04
2000-40 11-27-00 2004-18 5-24-04
2000-41 11-27-00 2004-21 5-24-04
2001-O1 1-22-01 2004-39 10-25-04
2001-03 1-22-01 2004-46 12-13-04
2001-34 6-11-01 2004-48 10-25-04
2002-03 5-13-02 2005-19 6-27-05
2002-26 11-25-02 2007-O1 2-26-07
Editor' s note- The above list of ordinances anne~ng
property to the city begins with Ord. No. 2000-08, adopted Apr.
10, 2000.
lThe nett page is 67]
Supp. No. 12 21
ATTACHMENT
«C~~
Please find attached the following Charters from various municipalities around the State of
Florida:
Altamonte Springs
Apopka
Atlantic Beach
Aventura
Belleair Beach
Boca Raton
Casselberry
Clermont
Cocoa
Cooper City
Daytona Beach
Debary
Deltona
Destin
Fruitland Park
Gainesville
Indiatlantic
Indian River Shores
Jacksonville
Jupiter
Lady Lake
Lake Mary
Longwood
Ocoee
Orange City
Orlando
Ormond Beach
Oviedo
Palm Bay
Palm Beach
Palm Coast
Port St. Lucie
Rockledge
Sanford
Sanibel
Sarasota
Satellite Beach
Sebastian
South Daytona
Tallahassee
Venice
Vero Beach
Wellington
Windermere
Winter Garden
Winter Park
ATTACHMENT
«D»
Chapter 2
Primary Elements of
Municipal Government
~~
•
~ Section 2-1
Basic Forms of Municipal Government
Borrowing from the English municipal model, America's cities, towns and villages are
governed by a legislative body known as a city council (or city commission). This elected
body has several responsibilities, which are specified in the charter or incorporating
documents. In Florida, each municipality has a charter (see Section 2-2); this document
specifies the composition of the elected body and duties of appointed officials.
The council is responsible for creating and enforcing the laws, called ordinances, of
the city. The council also has an oversight role that varies in its responsibilities based
upon the form of government specified in the charter. The council also adopts and
appropriates. the city's funds through its budgetary responsibilities, and has fiduciary
responsibilities as trustees of public funds. In addition, the council is expected to have a
vision for the city's future, which may or may not be detailed in a strategic plan. In
Florida, each municipality is also required by state law to have a comprehensive plan,
known as the "comp plan" for land-related decisions within its boundaries. Lastly, the city
may choose to be a service provider for a utility, utilities or other services, as guided by
the citizens and the council.
Throughout the U.S., cities adopt a form of government that sets their structures. The
most common of these forms as found in Florida are specified below:
• A. COUNCIL-WEAK MAYOR FORM
The original form of municipal government in America was the council-weak mayor
form, which was near-universal in the nineteenth century. It is still widely used,
particularly in small towns. In most weak-mayor systems, the office of mayor is simply
rotated among the elected council members on an annual basis. The council retains
collective control over administration, including appointment and dismissal of municipal
employees and appointments to boards and commissions. Control of some functional
areas (e.g., parks, library) may be delegated by charter or ordinance to semi-
independent boards and commissions. In general, the mayor's authority is little, if any,
greater than that of the other council members. Department heads - e.g., the clerk,
police chief, public works director -report to the council as a whole or to the mayor in his
or her capacity as spokesman for the council. Sometimes the municipal clerk functions
as a de facto chief administrator.
6. COUNCIL-STRONG MAYOR FORM
The council-strong mayor form gradually evolved from the council-weak mayor form.
It provides for a distinct division of powers between the council and the mayor. The
mayor actually is the chief executive, that is, the office of mayor has substantial influence
in the policy-making process and substantial control over administration. The mayor
holds important budgetary and appointing powers, along with the power to veto
legislative actions of the council. Administrative authority is not shared with a number of
independent boards and commissions. The mayor enjoys general power to appoint
people to boards and commissions. Depending upon the city charter, the mayor may (or
may not) vote with the legislative body.
Chapter 2 - 2008 ~
Some large cities with a strong mayor have established the position of chief
administrative officer under the mayor to handle the day-today operations of the
government, thus leaving the mayor free to concentrate on policy formulation and
ceremonial tasks. In this way, administrative management by a hired assistant to the
mayor may be combined with strong political and policy leadership by the mayor.
C. COMMISSION FORM
The commission form combines both executive and legislative powers in a governing
board, the commission. There is no single chief executive; rather, the commissioners,
who serve collectively as the policy-making body, also serve individually as heads of the
principal departments. In the basic commission form, there is neither a mayor nor a city
manager. Today, most commission-form cities do select or elect a mayor.
Early advocates of the commission form hoped that the concentration of power in the
hands of a few elected council members would make administration more effective and
would enhance accountability to the public.
The commission plan was first employed in Galveston, Texas, after a disastrous
hurricane almost destroyed the city in 1900. It enjoyed widespread popularity for about
two decades. Since 1920, however, its use has declined greatly. Although offering more
integration of policy and administration than the council-weak mayor form, the
commission form tends to provide inadequate coordination, insufficient internal control,
and amateur direction of administration.
It should be noted that, in Florida, municipalities use the terms "council" and
"commission" without reference to the distinction between the commission form and
other forms of municipal government. Many Florida municipalities designate their •
legislative bodies as the "commission" but do not employ the commission form of
government. One should not presume that a Florida municipality employs the
commission form merely because its policy-making body is labeled "commission."
D. COUNCIL-MANAGER FORM
One of the key elements in 20th-century municipal reform has been the proposition
that a strong and non-political executive office should be the administrative centerpiece
of municipal government. This concept has been implemented in thousands of American
cities in the 20th century by the adoption of the council-manager form of government.
This form parallels the organization of the business corporation: voters (stockholders)
elect the council (board of directors), including the mayor (chairman of the board), which,
in tum, appoints the manager (chief administrative officer). Unlike the two council-mayor
forms, where the emphasis is on political leadership, the prevailing norms in the council-
managerform are administrative competence and efficiency.
Under the council-manager form, the manager is the chief administrative officer of
the city. The manager supervises and coordinates the departments, appoints and
removes their directors, prepares the budget for the council's consideration, and makes
reports and recommendations to the council. All department heads report to the
manager. The manager is fully responsible for municipal administration.
The mayor in acouncil-manager form is the ceremonial head of the municipality,
presides over council meetings, and makes appointments to boards. The mayor may be
an important political figure, but has little, if any, role in day-to-day municipal
administration. In some council-manager cities, the office of mayor is filled by popular
election; in others, by council appointment of a council member.
~ Chapter 2 - 2008
The council-manager plan, first used in 1908 in Staunton, Va., received nationwide
attention six years later when Dayton, Ohio, became the first sizable city to adopt it.
Thereafter, the plan's popularity enjoyed steady but not spectacular growth until after
World War II. At that time, many municipalities were confronted with long lists of needed
services and improvements that had backlogged since the Depression years of the
1930s. Faced with such challenges, many municipalities adopted the council-manager
form. The plan has been especially attractive to small- and medium-sized localities. It is
used in a majority of American municipalities with populations of 25,000 to 250,000. It
has been strongly promoted since the 1920s by the National Civic League.
The council-manager form is widely viewed as a way to take politics out of municipal
administration. The manager himself is expected to abstain from any and all political
involvement. At the same time, the council members and other "political" leaders are
expected to refrain from intruding on the manager's role as chief executive. Of course,
the manager, who is hired and fired by the council, is subject to the authority of the
council, but council members are expected to abstain from seeking to individually
interfere in administrative matters, including actions in personnel matters. Some city
charters provide that interference in administrative matters by an elected city official is
grounds for removal of the elected official from office.
E. MUNICIPAL-GOVERNMENT FORMS IN FLORIDA
In Florida, a municipality is free to adopt any of the basic municipal-government
forms identified above or any variation thereof. State law does not prescribe one or more
permissible forms, nor does it prohibit any. The Florida Constitution requires only that
"each municipal legislative body shall be elective" (Art. 8, Sec. 2 (b), Const.); state
statutes require only that an acceptable proposed municipal charter is one which
"prescribes the form of government and clearly defines the responsibility for legislative
and executive functions."
Many Florida cities have forms of government that combine elements of the four
basic structures. These cities, having "hybrid" forms outlined in their charters, are difficult
to categorize. More elements of the council-weak mayor form are identified in these
hybrids, and carry-over elements of the commission form have also been found.
The most common form of city government in Florida today is the council-manager
form. A second common form, found in many smaller municipalities, is the council-weak
mayor form. In Florida, in recent years, most changes of municipal-government form
have been from some other form to the council-manager form. Approximately 270
Florida cities (out of more than 400) have a position of manager or a similar position,
such as "administrator."
In all Florida cities, members of the council or commission are elected by the voters
of the city. The mayor may be simply a member of the council, elected by the council to
serve as mayor; may be a separate office (that is, not a member of the council) or
elected by the people. Certain administrative positions are filled by elections in a few
cities. These include the offices of clerk, police chief and fire chief.
REFERENCES
Florida Constitution: Article 8, Section 2(b). Florida Statutes: Section 165.061.
Membership Directory, Florida League of Cities. Model City Charter, 8th Edition,
National Civic League, www.ncl.org.
Chapter 2 - 2008 ~
Table 2-1 ~
Comparison of Municipal Executive Types
SOURCE: International City/County Management Association, Directory of Local
Governments, Washington, D.C.: ICMA, 1978, p. 5
DUTIES TYPES OF EXECUTIVE
Municipal Manager Municipal Administrator
(council-manager position) (general management position)
Appointment The manager should be The administrator should be
appointed by a majority of the appointed by the council or
council for an indefinite term the mayor.
and removable only by a
majority of the council.
Policy The manager should have direct (same as municipal manager)
Formulation responsibility for policy formula-
tion on overall problems.
Budget The manager should have res- The administrator should have
ponsibility for preparation of the major responsibilities for
budget presentation to the coun- preparation and administra-
cil, and direct responsibility for tion of the budget.
the administration of the
council-approved budget.
Appointing The manager should have full The administrator should •
Authority authority for the appointment and exercise significant influence
removal of at least most of the in the appointment of key
heads of the principal depart- administrative personnel.
ments and functions of the
municipal government.
Organizational Those department heads whom The administrator should have
Relationships the manager appoints should be continuing direct relationships
designated by legislation as with operating department
administratively responsible to heads on the implementation
the manager. and administration of programs.
External Responsibilities of manager (same as municipal manager)
Relationships should include extensive
external relationships involving
the overall problems of city
operations.
Qualifications The qualifications for the posi- (same as municipal manager)
tion should be based on the
educational and administrative
background of candidates.
~ Chapter 2 - 2008
Section 2-2
The Municipal Charter
A. SIGNIFICANCE OF THE CHARTER
The municipal charter is an essential and fundamental element of every Florida
municipality. No municipal government may be created without a proposed charter, and
no municipal government may exist without a charter.
In addition, the municipal charter is vital to the democratic and effective functioning of
a municipal government. It must contain basic provisions for the organization of
municipal government. A good charter is one which presents a concise and workable
legal framework for the government of the municipality. In addition, says the National
Civic League, a good charter is one which "sets before the citizens a clear picture of
their own powers and responsibilities and before the officials and employees a statement
of their duties and mutual interrelations." The adoption of a good charter, says the
League, "is an affirmation by the citizens that they mean to have good government and
is the legal framework within which such government can be won and the more easily
maintained."
A municipal charter must originate within the community and must be formally
approved by a majority of the registered voters of the community. The charter is, in a
sense, a compact among the residents of the community regarding the extent and form
of government which they desire.
• B. CONTENTS OF A CHARTER
A charter should contain details which are of such importance that they should not be
subject to change simply by ordinance, without a public referendum. By including certain
provisions in the city charter, the citizens ensure that their provisions cannot be changed
hastily and without popular consent. On the other hand, subjects of less importance
should not be in the charter because it should be easier to make necessary changes
affecting them. In short, a happy medium should be found between including "enough"
and including "too much" in the charter.
1. Recommended Subjects
What subjects should be included in a charter? The National Civic League has
recommended a charter article for each of the following subjects:
1. Powers of the City
2. City Council
3. City Manager (or other chief administrator)
4. Administrative Departments
5. Financial Procedures
6. Planning
7. Nominations and Elections
8. Initiative and Referendum
9. General Provisions
10. Transitional Provisions
•
Chapter 2 - 2008 ~
2. Models and Samples
The National Civic League has prepared a model charter, which may serve as a
guide in the preparation or revision of a charter. See the following:
• Model City Charter, National Civic League, 1445 Market Street, #300, Denver, CO,
80202-1728, (303) 571-4343, www.ncl.org. Revised each decade: 8~' edition in
2003.
Copies of current Florida city charters may be obtained from the cities themselves
(usually, from the office of the city clerk). The Florida League of Cities can lend copies of
the charters of several Florida cities.
3. The Charter and Home Rule
With the advent of municipal Home Rule in 1969, a municipal government is not
restricted to those powers which are listed in its charter. A city may exercise any power
for municipal purposes which is not explicitly prohibited by law. That being the case, the
charter need not contain an exhaustive list of municipal powers.
Despite the general grant of home-rule authority, a city may not exercise powers
which are prohibited to municipalities by the constitution or general law; consequently, it
is useless to put such provisions into a charter, as any such provisions found in a charter
are null and void.
With certain exceptions, limitations of power contained in a municipal charter prior to
July 1, 1973, were nullified in 1973 by legislative enactment of Chapter 73-129, Laws.
4. Statutory Requirements
To be accepted by the Legislature, a proposed charter must meet these conditions
regarding its content:
1. It must prescribe the form of government and clearly define the responsibility for
legislative and executive functions.
2. It must not prohibit the city council from levying any tax authorized by the
Constitution or general law.
C. PREPARATION OF A CHARTER
Preparation of a municipal charter must occur as part of the incorporation process.
See the next chapter for details.
D. AMENDING A CHARTER
Amendments to a municipal charter may be proposed either by the council (by
ordinance) or by registered voters (by means of a petition). Charter amendments must
be approved by the city's electors in a referendum.
All parts of a charter may be amended except that part defining the boundaries of the
city. Boundary changes may be made only by following the statutory procedures for
annexation and contraction, found in Chapter 171, F.S. Once these procedures are
followed, boundary changes may be reflected in the language of the charter by action of
the council, by ordinance and without referendum.
Two other types of charter provisions may be changed without referendum. First, a
municipal department which is provided for in the charter may be abolished by
unanimous vote of the council. Second, charter language which has been judicially
construed to be contrary to the federal or state constitution may be removed, again by
unanimous vote only. In addition, in charter counties the provisions of the county charter
~ Chapter 2 - 2008
supercede the provisions of the city ordinances. For more information regarding charter
adoption and dissolution, see the section on "Incorporation, Merger and Dissolution" in
this manual.
REFERENCES
Florida Statutes: Chapters 165, 166 and 171.
•
Chapter 2 - 2008 ~
Section 2-3 ~
Incorporation, Merger and Dissolution
The formation and dissolution of municipalities is governed by Chapter 165, Florida
Statutes, except in those counties operating under a county home-rule charter which
provides for an exclusive method.
A. INCORPORATION PROCEDURES
A municipality is a municipal corporation. Like all other corporations, a municipal
corporation is created by act of the state government and in accordance with applicable
state laws (Art. 8, Sec. 2(a), Const.). As a corporation, a municipality is established
through incorporation procedures.
1. Legislative Adoption of Special Act
For a city government to be established, the Legislature must adopt a special act
which contains the exact language of a charter for the city. Legislators who represent the
affected area (°local legislative delegation") play a decisive role, in that they must file the
special-act bill and must endorse its adoption if it is to receive approval by other
legislators.
2. Preparation of Proposed Charter
For such legislative action to occur, a proposed city charter must be prepared in
some manner. An acceptable charter is a precondition to legislative approval of an
incorporation proposal. In fact, without a charter, there is nothing for the Legislature to
approve.) In short, someone must prepare a proposed city charter in order for the
incorporation process to occur.
Chapter 165 provides that a proposed charter may be prepared either:
1. by the county commission or
2. by a group of petitioning citizens.
This statute would appear to preclude the preparation of a charter by any means
other than these two; however, this interpretation would be misleading. The truth is that
a legislative special act may contain a proposed charter from any source whatsoever
and prepared by any method whatsoever, so long as it is acceptable to the legislators
who vote on it. Thus, the apparent restrictiveness of s. 165.041(5), F.S., is illusory.
It appears, also, that one of the two methods of charter preparation specified in
Chapter 165 -namely, preparation by the county commission -has rarely, if ever, been
utilized. It is even questionable whether the Legislature intended to place this function in
county commission hands; it may be that s. 165.041(5), F.S., was incorrectly drafted and
does not reflect actual legislative intent.
The second method by which a proposed charter might be prepared and approved,
as specified in s. 165.041(5), F.S., is by means of a petition generated by qualified
voters in the affected area. If signed by a number of qualified voters equal to 10 percent
or more of the qualified voters in the area at the time of the last general election, the
petition may be filed with the clerk of the county commission, whereupon the
commission "shall immediately undertake a study of the feasibility of the formation
proposal and shall, within six months, either adopt an ordinance...or reject the petition, •
specifically stating the facts upon which the rejection is based" (s. 165.041(4)(b), F.S. -
~ Chapter 2 - 2008
this language does not imply that the county must pay for the study). If the commission
accepts the petition, it then will petition the local legislative delegation to pursue the
necessary special act. If the commission acts unfavorably or refuses to act, the
petitioning citizens may go directly to the local legislative delegation with their petition.
3. Adoption of a Charter
Having been proposed by one of the methods described above, a charter must be
adopted by the Florida Legislature, through enactment of a special act. This special act
creates the municipality as a "municipal corporation," specifies its official name (e.g.,
"City of Daytona Beach"), and recognizes the proposed charter as, in fact, the charter of
the municipal government created by the act. If a local referendum has not previously
taken place on the incorporation question, the Legislature normally will also include in
the special act a requirement that a referendum be held, with incorporation occurring
thereafter only if approved by a majority vote in the referendum.
The legislators who represent the affected area usually play a decisive role in the
Legislature's response to a request for incorporation. If the local legislators approve the
proposal for incorporation, all other legislators will usually vote for it; if they oppose it, all
other legislators will usually oppose it. Thus, municipal incorporation usually occurs only
when incorporation is supported by local legislators.
Approval by the Legislature is not required in the case of the merger of two or more
existing cities or the merger of one or more cities with one or more special districts.
When two or more existing cities merge, a charter for the resulting city "may also be
adopted by passage of a concurrent ordinance by the governing bodies of each
municipality affected, approved by a vote of the qualified voters in each area affected."
. Adjacent unincorporated areas may be included in such a merger, subject to the
additional requirement of approval by referendum in each area. When a merger involves
both municipalities and special districts, the proposed charter may be adopted by
approval of an ordinance by the city or cities involved and passage of a resolution by the
governing body of each special district.
B. CRITERIA FOR INCORPORATION
To be eligible for incorporation, an area must meet the following requirements:
1. it must be compact, contiguous, and amenable to separate municipal government;
2. in a county of less than 75,000 population, it must have a population of at least
1,500 people; in more populous counties, it must have a population of at least
5,000 people;
3. it must have population density of at least 1.5 persons per acre, ordinarily;
4. its nearest point must be at least two miles from the boundary of any existing
municipality in the county; or an extraordinary natural boundary must exist which
requires a separate municipal government; and
5. it must have a proposed charter which meets these conditions:
a. "prescribes the form of government and clearly defines the responsibility for
legislative and executive functions," and
b. does not restrict the taxing authority granted the city council by the state
constitution or general law.
These criteria are considered to be general guidelines only. A failure to meet all of
these guidelines does not necessarily preclude the adoption of a special-act charter for
incorporation. A community may request a waiver of one or more criteria.
Chapter 2 - 2008 ~
C. MERGER
Initiation of procedures for municipal incorporation by merger may be done either by
adoption of a resolution by the governing body of an area to be affected or by a petition
of 10 percent of the qualified voters in the area. Refer to Florida Statutes, Chapter 165
for conditions.
D. DISSOLUTION
A municipal charter may be revoked and a municipality dissolved either by a special
act of the Legislature or by an ordinance approved by the city council and by the
qualified voters in a referendum. Restrictions on the dissolution of municipalities are
listed in Chapter 165, F.S.
Historically, the secretary of state has also recommended inactive cities for
dissolution, but not since the 1980s.
E..IUDICIAL REVIEW
Ordinances and special laws enacted in the creation or dissolution of municipalities
are reviewable by certiorari, but no appeal may be brought after the effective date of an
incorporation or dissolution.
REFERENCES
Florida Constitution: Article 8, Section 2. Florida Statutes: Chapter 165.
•
•
~ Chapter 2 - 2008
~ Section 2-4
Annexation
The Municipal Annexation or Contraction Act of 1974, which, with amendments, is
codified as Chapter 171, Florida Statutes, governs municipal annexation and contraction
(except in Miami-Dade County, where home-rule charter provisions apply). An
annexation proceeding may take place only within the boundaries of a single county.
A. ANNEXATION BY PETITION
Property owners may petition a municipality for annexation. The property to be
considered for annexation must meet statutory requirements, and all owners of property
in the area proposed for annexation must have signed the petition. If satisfied that these
criteria have been met, the council may, at a regular meeting, adopt anon-emergency
ordinance to annex said property and to redefine the boundary lines of the municipality
to include said property. This ordinance may be passed only after notice of it has been
published or posted for four consecutive weeks. The notice shall contain, among other
items, a brief general description of the area proposed to be annexed and a map clearly
showing the area. Voluntary annexation methods other than that specified above may be
enacted by special law, and the method specified here is superseded by county charter
provisions for an exclusive method.
• B. ANNEXATION BY REFERENDUM
In the absence of 100-percent support by the affected property owners, annexation
may still occur through "dual referendums." Anon-emergency ordinance proposing to
annex the area shall be adopted by the council. Each such ordinance shall address
annexation of one reasonably compact area only. The ordinance shall then be submitted
to separate votes of the electors of the municipality and of the area proposed to be
annexed. The city shall conduct this dual referendum and shall bear the cost of it. The
referendum shall be held at the next regularly scheduled election or at a special election,
but not sooner than 30 days after council approval of the ordinance. Notice of the
referendum shall be published in ageneral-circulation newspaper at least once a week
for the two consecutive weeks immediately preceding the referendum. The notice shall
contain, among other items, the time and places for the referendum, a brief general
description of the affected area, and a map which clearly shows the area. In most cases,
passage of the annexation ordinance requires separate majority votes in favor of
annexation in the affected area and within the municipality, commonly referred to as the
"dual-majority" requirement.
A dual vote is not always required for annexation. If the area to be annexed is a very
small area or territory, no municipal vote is involved. The Legislature has recognized that
enclaves can create significant problems in planning, growth management and service
delivery; therefore, state statutes provide that a municipality may annex:
1. an enclave of 10 acres or less by interlocal agreement with the county having
jurisdiction, or
2. an enclave with fewer than 25 registered voters by municipal ordinance when the
annexation is approved in a referendum by at least 60 percent of the voters
residing in the enclave.
Chapter 2 - 2008 ~
If more than 70 percent of the land in the affected area is owned by non-electors of
said area, the area shall be annexed only if the owners of more than 50 percent of the
land consent to annexation, this consent to be obtained prior to a referendum.
Under certain conditions an annexation referendum may be conducted by mail.
Other details of the annexation procedure include the requirement of an urban-services
report detailing how the municipality will provide services to the area.
C. CRITERIA FOR ANNEXATION
A municipality may annex an area only if it satisfies the following criteria (standards
for these criteria are provided):
1. the area must be contiguous to the municipality's boundaries;
2. the area must be reasonably compact;
3. the area must be wholly unincorporated; and
4. the area must be developed for urban purposes, at least in part, or must be so
situated that it constitutes a necessary land connection between urbanized areas.
D. EFFECTS OF ANNEXATION
Annexation of an area has the following effects:
1. The annexed area shall immediately be subject to the debts and taxes of the
municipality, except that it shall not be subject to city property taxes for the current
year if levied prior to the effective date of the annexation.
2. The annexed area shall be subject to all laws, ordinances, and regulations in
force in the city, and shall also be entitled to all privileges and benefits.
3. In the annexed area, the county land-use plan and zoning or subdivision •
regulations shall remain in force until the area is included in city planning and
zoning provisions.
4. If a solid-waste collection service was previously serving an annexed area and
complies with certain conditions, it may continue to provide the service for five
years or the remainder of the franchise term, whichever is shorter. If the
franchisee does not agree to comply with said conditions within 90 days of
annexation, the city may terminate the franchise.
E. INCORPORATION OR ANNEXATION OF A DISTRICT
After achieving the population standards for incorporation, acommunity-development
district wholly contained within the unincorporated area of a county may hold a
referendum on the question of incorporation. All standards and procedures for
incorporation included in Chapter 165, F.S., apply, including the requirement of a charter
adopted by special act of the Legislature.
Any community-development district contiguous to the boundary of a municipality
may be annexed to such municipality pursuant to Chapter 171, Florida Statutes.
F. CONTRACTION PROCEDURES
Procedures for contraction of municipal boundaries are provided in s. 171.051, F.S.
~ Chapter 2 - 2008
REFERENCES
Florida Statutes: Chapter 171, Sections 101.6102(5) and 190.047. For background
and options to current Florida law, see Robert Bradley and Edward Montanaro,
"Annexation in Florida: Issues and Options," Florida Municipal Record, parts I-III, vol. 57,
nos. 5-7, and "Florida Legislative Council on Intergovernmental Relations
Recommendations on Annexation," Florida Municipal Record, vol. 57, no. 8.
•
Chapter 2 - 2008 ~
Section 2-5 ~
Elections
A. FLORIDA ELECTION CODE
The Florida Election Code is found in Chapters 97-106, Florida Statutes. Copies in
pamphlet form may be obtained from the supervisor of elections or from the Division of
Elections, Florida Department of State.
B. VOTER REGISTRATION
Voter registration is governed by Chapters 97 and 98 of the Florida Statutes. Voter
registration and maintenance of voter-registration records are responsibilities solely of
the county supervisor of elections or deputy supervisor. A permanent single registration
system for the registration of electors shall be put to use by all municipalities in lieu of
any other system of municipal registration. The county supervisor of elections shall
furnish lists of city electors (registered voters) and other statistical information to the city,
at the expense of the city. The county supervisor of elections must maintain a location
for the registration of voters at the county seat and each city of over 25,000 population
when such municipality is not the county seat.
The qualifications of electors is a matter controlled in a preemptive fashion by state
law. As specified in the Florida Statutes, those qualifications are as follows:
1. at least 18 years old,
2. citizen of the United States, •
3. legal resident of Florida,
4. legal resident of the county, and
5. registers pursuant to the Florida Election Code.
Any person who is a duly registered elector and resides within the boundaries of the
municipality may participate in all municipal elections.
C. ELECTION DISTRICTS
In the absence of a court order or court-enforced agreement requiring one particular
arrangement, a municipality may conduct elections on an at-large (city-wide) basis;
within districts (either single-member or multi-member) or through a combination of at-
large and district positions. Electoral districts may be defined in the city charter or by
ordinance.
Populations of election districts must be approximately equal, and districts may not
be gerrymandered for purposes of discrimination against African-Americans or other
protected classes of voters. Since 1980, many cities have drawn voting-district lines so
as to ensure the election of African-American, Hispanic, or other minority-group
candidates. In 1995, the U.S. Supreme Court ruled against the drawing of
Congressional-district lines solely for that purpose, if the result is an odd-shaped district
which violates traditional standards of compactness and contiguity.
As federal law stands in 2001, a city and its elected officials may find themselves the
object of acivil-rights lawsuit due to any of the following:
1. unequal populations of election districts,
2. use of at-large elections rather than district elections,
•
~ Chapter 2 - 2008
3. drawing of district lines so as to minimize the election of minority-group
candidates,
4. failure to draw district lines so as to ensure the election of minority-group
candidates, or
5. drawing of district lines so as to ensure the election of minority-group candidates,
if done solely for that purpose and if the result is an odd-shaped district which
violates traditional standards of compactness and contiguity.
D. ELECTION DATES
The dates of city elections may be set by charter or by ordinance. Selected dates
vary widely from one city to the next. The most popular months are November and
December of odd-numbered years and March of even-numbered years. In the event of
an emergency, the governor may suspend or delay an election by executive order, and a
new date shall be set by the governor.
E. PRECINCTS
Election precincts within a municipality are designed by the board of county
commissioners, on recommendation by and approval of the county supervisor of
elections. The supervisor shall designate a polling place within each precinct.
F. ELECTION ADMINISTRATION
City elections may be administered either by city officials or by the county supervisor
of elections. A city may choose to administer its elections through a city elections board
or other appropriate municipal officials; e.g., the manager or clerk might be designated
as the election supervisor. In such cases, the county supervisor of elections is
responsible to deliver the necessary records and equipment to the appropriate city
officials prior to the election and to collect them after the election. On the other hand, a
city may seek an arrangement with the county supervisor of elections whereby the
supervisor will administer municipal elections. In either event, "the municipality shall
reimburse the county for the actual costs incurred" including, specifically, the costs of
printing and delivery of municipal ballots.
The municipality shall see to it (and bear the expense) that a U.S. flag, to be
provided by the supervisor of elections, is flown at each polling place.
As noted above, the county supervisor of elections is authorized to designate a
polling place within each precinct. Public, tax-supported buildings shall be made
available for use as polling places when requested by the supervisor of elections. In
addition, each polling place must be accessible to and usable by elderly and physically
handicapped persons. School boards and city governments shall cooperate in the
implementation of this provision.
G. RECALL ELECTIONS
"Any member of the governing body of a municipality" may be removed from office
through a process of petition and referendum. Grounds for removal are stated as the
following: malfeasance, misfeasance, neglect of duty, drunkenness, incompetence,
permanent inability to perform official duties, and conviction of a felony involving moral
turpitude. Procedural requirements are given in the Florida Statutes. (Refer to Chapter 8
on "Standards of Conduct" in this manual for more information.)
Chapter 2 - 2008 ~
H. CAMPAIGN SIGNS
Municipal candidates are not directly affected by a state law which requires
candidates for other offices to remove campaign signs within 30 days after candidacy is
ended. However, a city may regulate this matter by ordinance. If a candidate's campaign
signs are not removed within a specified period of time, a city may remove the signs and
charge the candidate the cost of removal.
1. BOND REFERENDA
The city council may, by resolution, call a bond referendum to decide whether a
majority of the electors participating is in favor of the issuance of bonds. A referendum
may be held on the day of an election or may be held separately. Thirty days' notice
must be given:
1. by publication in a newspaper of general circulation at least twice, once in the fifth
week and once in the third week prior to the week in which the referendum is to
be held, or
2. if there is no newspaper of general circulation in the municipality, by posting in no
less than five places within the municipality.
This holding of bond referenda is governed by local law, by state laws concerning
bond referenda, and by state laws governing the holding of general elections.
Any taxpayer may test the legality of a bond referendum and the declaration of the
result thereof by an action in circuit court, brought against the city council. Any such suit
must be instituted within 60 days after the declaration of the results of the referendum.
•
.1. STRAW-BALLOT" REFERENDA •
Municipal officers may hold a "straw-ballot" referendum in order to obtain a non-
binding expression of public opinion regarding a public issue. Such referenda may be
governed by the municipal charter or by ordinances.
K. REFERENDUM VOTING BY FREEHOLDERS ONLY
A city may, by charter provision or ordinance, restrict participation in municipal
referenda to freeholders, that is, to electors who meet property-owning requirements set
by the municipality. Federal court rulings have greatly limited this practice, however.
REFERENCES
Florida Statutes: Chapters 97-101, Sections 106.1435 and 256.011.
•
~ Chapter 2 - 2008
•
Section 2-6
Key Officials and Their Roles
Key city offices include those of mayor, council member, manager/administrator,
clerk and attorney. Commissions, boards and advisory committees also often play key
roles.
A. MAYOR
The roles of mayor and council member vary widely in scope and power throughout
the United States. This variety is linked primarily to the specific form of government
which a city has adopted, although additional legal restrictions in some states, as well as
individual personality, may also be significant factors.
1. Qualifications
Formal qualifications for the office of mayor may be specified in the city charter.
Typically, the sole stated qualification is that one be a qualified elector of the city. In
some cities, a higher minimum age is required (e.g., 21 or 25); otherwise, the only age
requirement is that which is implicit in the qualified-elector requirement. Other
qualifications required by some cities include a requirement that one have been a
resident of the municipality for some minimum period (e.g., one year, three years) and a
property-ownership requirement (i.e., that one be a "freeholder").
2. Selection Method
The method of selection of the mayor is specified in the city charter. It is either by
popular election or by appointment by the council. In some cities, the mayor is elected by
popular vote for atwo-year or four-year term; in others, the council elects one of its
members as mayor, usually on an annual, rotating basis.
3. Powers
The office of mayor has all the powers designated to it by the city charter, or
delegated to it by the council, provided that these designated or delegated powers are
not inconsistent with the charter or state and federal constitutions and laws. The mayor
must look to the charter and to specific delegations of authority by the council for most of
his formal powers; in addition, some powers and duties are assigned to mayors by state
and federal law. In general, the mayor should claim and should attempt to exercise only
those powers for which explicit authorization is found in one or another of these sources.
The role of the mayor varies widely from one community to another. At one extreme,
the mayor may be solely a ceremonial figure, there to play certain ceremonial roles but
playing no part at all in policy-making and administration. At the other extreme, the office
of mayor may be designed (by charter provisions) as the chief-executive position of the
municipality, analogous to the president's role in the national government; in this event,
the mayor enjoys significant powers in both the legislative process and the
administrative functions of the municipal government.
In general, the role of the mayor is determined by the basic form of municipal
government which is utilized by the community. These basic forms are discussed
elsewhere in this manual, in "Basic Forms of Municipal Government," where additional
information concerning mayoral powers and duties is discussed.
Chapter 2 - 2008 ~
At the same time, it should be emphasized that the formal role of the mayor in a •
given city is primarily determined by charter provisions and ordinances of that particular
city, not by any common pattern or "model" arrangement. All existing charter provisions
and ordinances should be adhered to; if change is needed in the role of the mayor, the
relevant charter provisions or ordinances should be changed. All Florida cities do not
have a "mayor," some have chosen to use "council chairperson" as the title for the
municipality's ceremonial leader.
B. COUNCIL MEMBERS
The elected municipal governing body is responsible for the policy-making function of
city government. Municipal governing bodies in Florida are titled council, commission,
board of aldermen, or councilor. The choice of title for the legislative body has no legal
significance; whether "council," "commission," "aldermen," or "councilor," the body's
functions and powers are the same. (Throughout this manual, "municipal governing
body" and "city council" are used interchangeably.)
Members may be elected at-large or from districts. The number of council members
varies from three to 19, with five being the most common number. In many Florida
communities, the mayor is recognized as the presiding officer of the council, whether as
a voting or anon-voting member; in others, a council member is elected by the council
as its "president" and presiding officer. In most cities, the council sets the qualifications
for its members; they are quite similar to those for mayor. Terms of office for council
members are either two or four years. In some cities, all council seats are elected
simultaneously; in others, council elections occur on a "staggered" basis. The staggered-
term system serves to eliminate the possibility of an entirely new and inexperienced •
council being elected at one time.
The mayor and each council member may receive salary and/or reimbursement of
expenses, as provided by charter or ordinance.
A vacant council position may be filled either by appointment or by special election.
Rules concerning the filling of vacancies are usually contained in the city charter.
C. MANAGER/ADMINISTRATOR
The council-manager form of municipal government provides for a separation of
legislative and executive powers. Legislative authority is vested in the council, while a
manager, appointed by the council, serves as chief administrator. Depending on local
preference, the administrator position may be titled "manager" or "administrator." If the
position is not provided in the charter, it has been found in a few cities as an ordinance.
For questions on these distinctions and job descriptions, please contact the Florida City
and County Management Association (see reference page).
D. CLERK (AND TREASURER)
The city charter should delineate the central duties and responsibilities of the
municipal clerk, which generally include mandatory attendance at council meetings,
taking and transcribing the minutes of the council meetings, and being responsible for all
or most official records. Additional duties may be assigned by ordinance or by the clerk's
supervisor (mayor or manager). These additional duties could include those of treasurer,
purchasing officer, clerk to the city board of elections and the issuance of licenses and
permits, as well as other administrative functions.
s
~ Chapter 2 - 2008
• In a handful of Florida communities, the office of clerk is an elective office; in most,
the clerk is appointed by the council or by the manager/administrator. In some
communities, one person is designated as both city manager and city clerk.
As with the city clerk, the position of treasurer is generally established by charter.
The treasurer serves as chief fiscal officer of the municipality. Specific duties of the
treasurer include the collection, receipt, and custody of payment of both municipal
employees and all vendors providing goods and services. In addition, the treasurer could
be responsible for all municipal monies; the keeping and monitoring of all financial
records; the investment of idle funds; and the assigned specific duties in the preparation
of the annual budget. The treasurer also reports periodically (monthly, quarterly andlor
annually) to the council on the financial condition of the municipality.
Municipal finance officers have a statewide association; see reference page for
details.
In many small Florida communities, the city (or town) clerk functions as a general
municipal administrator. In such a municipality, with apart-time mayor and no manager,
the clerk is the chief administrative officer. In addition to the previously mentioned duties,
therefore, the clerk will administer the personnel ordinance, prepare the municipal
budget, interview and recommend candidates for employment, process citizens'
complaints, and make recommendations to the council on various matters affecting the
municipality. For this reason, the position of city clerk is of great importance in those
Florida cities which have neither a strong mayor nor a city manager. City clerks have a
statewide association; see the reference page for information.
• E. ATTORNEY
In most cities in Florida, the council appoints a city attorney for legal counsel. A city
attorney may be a full-time employee, apart-time employee, or may be hired on a case-
by-case basis. One attorney may represent more than one municipality. A city attorney
should be a member of the state and national bar. The council will determine the city
attorney's compensation. The city attorney is a legal advisor, primarily. At the request of
the governing body or designated staff members, the attorney renders opinions on legal
issues affecting the city. The attorney gives legal counsel on the drafting and
implementation of ordinances and should keep the council and staff informed of new
laws and judicial opinions that could affect the city. The attorney may also represent the
city in court, although cities often employ other (additional) counsel to handle court
cases.
The city attorney serves at the pleasure of the council and handles whatever
responsibilities are designated to his office. In some cities, the council is quick to involve
the attorney in varied aspects of city policy-making and administration; in other cities, the
attorney's services are resorted to only when a legal issue absolutely requires it.
City attorneys have a statewide association; see reference page for details.
F. COMMISSIONS, BOARDS AND ADVISORY COMMITTEES
In Florida, a municipality's authority to establish commissions, boards and advisory
committees to carry out particular municipal functions may be inferred from Section
166.021, F.S., which describes the general and express powers of a municipal
corporation. The general power of a municipality to create commissions, boards, and
advisory committees should be stated in the municipal charter. The powers, duties, and
composition of permanent bodies should also be included in the municipal charter.
Chapter 2 - 2008 ~
~ w
Temporary bodies may be created and abolished by resolution or administrative •
order. Their duties and powers, composition, and any compensation should be
determined by the council, if not specified by charter or state law. Commissions and
boards sometimes are assigned significant powers of policy-making or administration.
Advisory committees serve an important function in providing expertise in certain
areas of municipal concern. Usually established at the request of the council, they may
be made up of both citizens and council members and may deal with. issues and
problems which the council deems worthy of special consideration and advisement. The
advisory committee adds another degree of municipal responsiveness to the public
interest. It provides an excellent opportunity for citizens to actively participate in their
local government. The advisory committee is not of the same significance as a
commission or board, lacking the power to make or administer policy on its own.
Nevertheless, the advisory committee may play an important role by taking up matters
that deserve extra attention and consideration that a group of interested, concerned
citizens can provide.
It should be noted that commissions, boards and advisory committees and the
individual members thereof are subject to open-meetings ("Sunshine Law") and public-
record laws; individual members may be required to comply with financial-disclosure
laws, also. For more information on these laws, see Chapter 3, "Standards of Conduct,"
in this manual. Advisory board training is encouraged for all citizens who serve on them.
REFERENCES
Elected Officials Handbooks, International City/County Management Association, •
1120 G Street N.W., Washington, DC 20005.
~ Chapter 2 - 2008
ATTACHMENT
«E~~
Andrea Lorenzo-luaces
From: Lannon, Kurt M. [lannonkm@cityofgainesville.org]
Sent: Thursday, January 22, 2009 1:58 PM
To: Andrea Lorenzo-luaces
Subject: FW: Records Request
Attachments: MX-5500N_20090122_144247.pdf; MX-5500N_20090122_144316.pdf; MX-5500N 20090122
_144457.pdf; MX-5500N_20090122_144626.pdf
Here are just some documents from a Charter Review done to add a new Charter Officer. We have not done a complete
review of the Charter.
I hope you can find something useful in these documents. These are just some from a big book for this particular issue. I
could bring the book to the Lakeland meeting in early March.
KL
From: Young, Shaneka
Sent: Thursday, January 22, 2009 1:54 PM
To: Lannon, Kurt M.
Subject: Records Request
«MX-5500N 20090122 144247.pdf» «MX-5500N 20090122_144316.pdfl> «MX-
5500N_20090122_144457.pdfl> «MX-5500N_20090122_144626.pdfl>
O~nr~rr Q ~°arog
Shaneka R. Young
Senior Executive Assistant
Office of the Clerk of the Commission
352-334-5015 phone
352-334-2036 fax
1
EXECUTIVE SUMMARY
Introduction
The City Commission established this Committee on April 12, 1999 to "discuss the
appropriate structure in City government for Affirmative Action, Equal Opportunity, and all other
related policies and programs, including a charter change." Mayor Paula Delaney called the initial
meeting of the Blue Ribbon Committee on Equal Opportunity/Affirmative Action/Charter Officer to
order on June 21, 1999. This final report of the Committee represents many hours of effort by its
members, and by Charter Officers, City staff, and concerned citizens. A brief summary of the
recommendations of the Blue Ribbon Committee aze set forth below, followed by a detailed
discussion of the Committee's findings, conclusions and recommendations.
Summary of Recommendations
1. The City of Gainesville should amend its charter to establish a Humans Relations Director as
a Charter Officer. The Human Relations Director should be charged with the responsibility
of overseeing the City's equal opportunity and affirmative action programs and investigating
complaints filed under these programs and any related ordinances.
2. The City of Gainesville should amend its charter to establish a Humans Relations Commission
to review decisions of the Human Relations Director that are appealed to it by citizens or
Charter Officers.
The City of Gainesville- should amend its charter to require the City Auditor to perform
regulaz compliance audits on the implementation of the City's human relations and equal
opportunity ordinances and programs.
4. The City Commission should follow the proposed timetable to seek amendment of the charter
by legislative act.
5. The Human Relations Commission, the Equal Opportunity Diversity Advisory Council, the
Affirmative Action Task Force, and all like boards and commissions should report to the
Human Relations Director.
6. The Minority Business Enterprise Coordinator's position should be elevated to that of a
department head.
7. The Minority Business Enterprise Coordinator should be given additional funding and staff.
8. There should be better coordination between the general government and GRU Minority
Business Enterprise Coordinators.
9. The City Connnission should reinstate procedures for the investigation of external complaints
of discrimination that were contracted out to the County.
10. The City Commission should adopt performance-based goals for achieving affirmative action
and equal opportunity.
Windings. Conclusions and Recommendations
The City of Gainesville has had an express commitment to affirmative action and equal
opportunity for all its citizens and employees since 1975, when it adopted its first AffuYnative Action
Plan. Since that time, a great degree of turmoil has chazacterized the City's efforts to turn its
commitment to affirmative action and equal opportunity into reality. The City agency charged with
the responsibility for carrying out the City's affirmative action and equal opportunity programs has
been the source of controversy and discord for years. Since 1992, the equal opportunity office has
shuttled back and forth between the City Manager's and the City Attorney's Offices. ~ More recently,
the City has struggled to complete its affirmative action handbook and the related policies and
procedures needed to implement affirmative action and equal opportunity in the city workforce. In
light of this background, the City Commission chazged this Blue Ribbon Committee with the
responsibility to "discuss the appropriate structure in City government for Affirmative Action, Equal
Opportunity, and all other related policies and programs, including a charter change."
The Committee reviewed hundreds of documents relating to the affirmative action or equal
opportunity programs of the City. The Committee also heard testimony from Charter Officers, city
staff, and the Affirmative Action Task Force. In addition, the Committee allowed citizen comments
at each meeting and set aside a special meeting for citizens to voice their concerns. After receiving
testimony and reviewing relevant documents, the Committee began its deliberations. A matrix of
issues was presented to members of the Committee to form a basis for consensus. A subcommittee
of the Committee drafted a final report, and this was adopted by the full Committee on November
22, 1999.
The Committee would like to thank the City Commission for this opportunity to serve the
citizens of the City of Gainesville. While the Committee's work has been difficult at times, it has
always been rewarding. The Committee received excellent assistance and cooperation from all of the
City's agencies and employees, and we would like to thank all who assisted us for their help. In
particular, the Committee would like to give special recognition to its clerk, James McDonald, who
rendered exemplary service to the Committee.
The Committee addressed its chazge from two perspectives, programmatic and ructu al.
Programmatically, we reviewed how the City's human relations programs and policies were being
implemented. This involved a consideration of the problems or concerns faced in delivering the
programs, and what could be done to enhance the programs. Structurally, we tried to determine the
most cost efficient and effective way to organize the programs. All of our recommendations fall into
either of these two categories.
2
Much of what the Committee recommends is driven by the testimony that was presented to
us. Many of the citizen comments depicted a complaint process that was wholly ineffective in the
face of fairly widespread discriminatory treatment, both within the city workforce and without.
Whatever the realities of this discrimination, a lazge segment of the population certainly believes it
to be true. Many Committee members felt that if the City failed to address this issue squarely, it
would cost the City a great deal of credibility with its citizens. A strong majority of the Committee
believes that the creation of a charter office to address human relations concerns is the type of
dramatic action that is necessary to demonstrate that the City takes these matters seriously. Thus.
the recommendation that the Cif, Commission amend the Charter to create a new Human Relations
Director as a charter officer is central to the findings that we offer here. It is the sense of the Blue
Ribbon Committee that the establishment of a charter office to oversee the City's human relations
programs and the internal and external complaint process would demonstrate the City's firm
commitment to affirmative action and equal opportunity for all its citizens. Also, it is the sense of the
Committee, that a charter office would be able to ensure greater enforcement of affirmative action
and equal opportunity goals and ordinances than is presently the case.
The Committee heazd first from City employees who were responsible for the enforcement
of the City's current human relations programs. The City Manager provided the Conunittee of his
vision of what his programs and functions would be over the next fiscal yeaz. He advocated the
continued decentralization of all human relations programs throughout different departments. He also
recommended continuation of the contract with Alachua County allowing the County to investigate
external complaints of discrimination on behalf of the City. We had an opportunity to hear from each
of the City Manager's employees responsible for the City's human relations programs. The
Committee was encouraged by the fact that the MBE Coordinator, with the limited amount of
resources available to her, had made such an impact in her specialized area. The Committee, however,
was not as pleased to learn that the MBE Coordinator had to report to a department head to
recommend budgets and programs, who then had to refer them to the assistant city manager for
administrative services, who in turn referred them to the city manager. The Committee found this
degree of decentralization inefficient and undesirable. The Committee also heazd from the General
Manager for Utilities and his staff in regazds to their efforts to assist MBE/SBE/Disadvantaged
Businesses. We found that little or no coordination exists between general government and GRU.
In fact, we found that the staff person who is responsible for this function on the GRU side devotes
only ten percent of her time to this effort. Consequently, we are recommending that the MBE
Coordinator vosition be elevated to the department head level and that this uerson also coordinates
all MBE/SBE/Disadvantaged Business efforts on behalf of the City. We recommend that the new
MBE Officer position re,~ort to the Assistant City Manager for Administrative Services. Althoueh
the MBE Officer will report to the Assistant City Manager for Administrative services. we
recommend that the proposed new Human Relations Director oversee and coordinate MBE/SBE
programs in a cooperative relationship with the MBE Officer We also recommend that additional
funding be given to the MBE Officer for support staff and to enhance the MBE/SBE nroT
3
In reviewing .the City's current Affirmative Action Plan, we found that it is too soon to
determine what impact the Plan will have on the City's workforce. The program was only recently
adopted this yeaz. Nonetheless, the Committee wishes to recognize the efforts made by the City's
Affirmative Action Task Force in pushing forward with the departmental work plans. This may be
a beginning when it comes to performance-based incentives for supervisors and managers to provide
opportunities to qualified minorities in areas where under-utilization exists. Although, the City's
Affirmative Action Officer has only recently been hired, the Committee believes he must work to
ensure that the work plans are indeed achievable and not hesitate to recommend changes if they are
needed. The Committee believes the Affirmative Action Officer should be centralized in the proposed
new Human Relations Department and report to the proposed new Human Relations Director.
The Committee was concerned that the City Commission did not have a way to regulazly
monitor the Affirmative Action Plan and other aspects of the City's human relations programs.
Consequently, the Committee strongly recommends that compliance audits of the Affirmative Action
Plan and all other human relations programs be completed annually by the Citv Auditor.
The City recently contracted with Alachua County to provide for the investigation of external
complaints within the city concerning racial discrimination in housing and employment. The City's
Equal Opportunity Director is responsible for investigating internal complaints of racial
discrimination, sexual harassment, and retaliation from employees of the City. The City's Human
Rights Boazd is responsible for investigating complaints of discrimination based on sexual orientation.
The Committee found these differing complaint investigation procedures duplicative and inefficient.
We received a report from Alachua County Government in regards to their investigation of extemal
complaints on behalf of the City. It appears that the services provided by the. County could readily
be provided by the City at a greater value for the dollars spent. We recommend that two Equal
OQportuni Officers be funded to investigate both internal and external complaints of discrimination
in employment and housing whether based on race reli~`on color sender national onset, mart
status sexual orientation sexual harassment, disability. or ase.
The Committee requested that the Equal Opportunity Director provide us with testimony of
his views on the most effective way of addressing the City's human relations programs. He supplied
the Committee with a detailed document which advocated a Charter Officer and a centralized
department. The Committee found the Equal Opportunity D'irector's recommendations persuasive.
The Committee was particularly concerned that current procedures left complainants without
recourse if a Charter Officer were to fail to comply with city policies and/or the recommendations of
the EEO Director. Presently, the EEO Director can only bring such an occurrence to the attention
of the City Commission through the cooperation and consent of the City Auditor. While we did not
follow every suggestion made by the Equal Opportunity Director, his recommendations did serve as
a starting point for our own proposed Charter amendments. At a later meeting, the City Attorney
described the various ways that could be utilized to amend the Charter. He also proposed a timeline
to follow, should the Committee recommend such a change.
4
At our public heazing held in September, the Committee received many comments from
citizens in reference to the creation of a charter officer for human relations. Several citizens spoke
in favor of the creation of a charter office with only one individual speaking in opposition. Before
making a final decision on a charter change, the Committee heard from the City Auditor as to whether
it would be feasible for his office to assume some of the oversight functions of the current EEO
Director. The City Auditor recommended against this idea, but indicated he would welcome the
opportunity to perform any compliance audits of the human relations functions. The City Auditor
also provided us with information on how other cities structure their human relations functions. It
was clear from this information that no municipality requires their auditor's office to perform any
human relations functions other than auditing.
In closing, the Blue Ribbon Committee on Equal Opportunity/Affirmative Action/Charter
Officer recommends the following: (1) a proposed charter amendment which includes (a) language
that mandates equal opportunity and requires charter officers to apply all human relations and equal
opportunity ordinances within their respective departments; (b) a Human Relations Director, who
shall serve at the will of the City Commission, and whose duties aze outlined in the proposed
amendment; (c) a seven member Human Relations Commission to review decisions of affecting
charter officers and any persons residing or conducting business within the city; (2) the City
Commission should follow the proposed timetable to seek amendment of the charter by legislative
act; (3) (a) the MBE Coordinator position to be upgraded to department level with appropriate staff
and funding, (b) the City Commission reinstate external investigations of discrimination complaints,
(c) the City Auditor to perform compliance audits on all human relations programs, (d) the City
Commission should adopt measurable performance based goals for achieving affirmative action and
equal opportunity, (e) the Human Relations Commission, the Equal Opportunity Diversity Advisory
Council, the Affirmative Action Task Force, and all like boazds and commissions should report to the
Human Relations Director, and (f), the City Commission should appropriate funds over a four yeaz
period starting in fiscal yeaz 2001, for the following positions: the proposed Human Relations
Director, the proposed two new Equal Opportunity Officers, support staff for these new positions
and, the upgrade of the MBE Coordinator position to a department head (the new MBE Officer).
Although, the Committee received preliminary budget figures for the fiscal impact of the proposed
human relations charter office from City staff, the Comnrittee has been unable to assess the accuracy
and impact of these estimates. We recommend that the City Commission refer the fiscal impact of
thP,proposed Human Relations Director Equal OnDOrtuni Officers (internal and external) upgrade
of MBE Coordinator to MBE Officer additional support staff annual operating cost and start-up
cost to the Citv Manager and City Auditor to determine costs over afoot-veer two-budget cycle.
We believe that the recommendations of the Blue Ribbon Committee will benefit the City by
removing any barriers of discrimination within City Government, and within the City of Gainesville.
We further believe, that the employees and citizens of the City of Gainesville will also benefit from
these recommendations by knowing that they can challenge acts of discrimination and feel assured
that there will be a full, unbiased review of their complaint and that they will be free from retaliation.
Moreover, we believe that the proposed complaint structure would be equally fair and unbiased for
individuals who are accused of violating the City's human rights ordinances.
5
Finally, the members of the Blue Ribbon Committee stand ready to continue their service to
the City of Gainesville, should the City Commission so desire, for referrals and other related matters
as the City Commission may require until the process of revising the City's human relations programs
is complete.
CITY COMMISSION ACTION STEPS
City Commission receives the final report of the Blue Ribbon Committee.
2. City Commission approves in concept the Final Recommendations of the Blue Ribbon
Committee.
3. City Commission refers to the City Attorney for review and approval as to form and
legality the Proposed Charter Amendments.
4. City Commission refers the proposed charter amendments to the Legislative Delegation
for inclusion in their Legislative Priorities for the next legislative session.
5. City Commission refers to the City Auditor to include compliance audits of the City's
Human Relations programs in his annual work plans.
6. City Commission refer to the Personnel and Organization Committee the duties, job
descriptions, and salary range of the proposed new Human Relations Director, Equal
Opportunity Officer, Fair Housing Officer and two support staff positions.
7. City Commission refer to the City Manager the fiscal impact of the new proposed Human
Relations Director, Equal Opportunity Officer, Fair Housing Officer, two support staff
position and start up cost to begin funding over a four yeaz period of two budget cycle to
begin in fiscal 2001.
8. City Commission refers to the City Manager the fiscal impact and organizational change of
upgrading the MBE Coordinator to a Department Head position with appropriate support
staff to begin in fiscal yeaz 2001.
9. City Commission refers to the City Manager the fiscal impact of reinstating external
investigations of discrimination to the new proposed Charter Office of Human Relations to
be phased in over afour-year period, of two budget cycles.
10. City Commission discharges the Blue Ribbon Committee of its original charge.
11. City Commission authorizes the Blue Ribbon Committee to continue in existence for
referrals and other related matters the Commission may require until this process is
complete.
CHARGE OF THE BLUE RIBBON COMIVIITTEE
THE BLUE RIBBON COMMITTEE WILL MEET TO DISCUSS THE
APPROPRIATE STRUCTURE IN CITY GOVERNMENT FOR
AFFIRMATIVE ACTION, EQUAL OPPORTUNITY, AND ALL
OTHER RELATED POLICIES AND PROGRAMS, INCLUDING A
CHARTER CHANGE
BLUE RIBBON COMMITTEE MEMBERS
Mr. Rodney Long, Chairperson
President, Martin Luther King, Jr. Commission of Florida
Mrs. Ruth Brown, Vice-Chairperson
President, Alachua County Chapter of NAACP
Mr. Joe Little
Professor of Law
University of Florida Levin College of Law
Mrs. Paula Stahmer
Citizen of Gainesville
Mr. Craig Lowe
Director, Human Rights Council of North Central Florida
Mr. Fred Pratt
Center for Independent Living
Mr. Kenneth Nunn
Associate Dean and Professor of Law
University of Florida Levin College of Law
Mr. Larry Ellis
Director of Personnel
University of Florida
Mr. Larry McDaniel
President, Focus on Leadership
Ms. Nkwanda Jah
Director, Cultural Arts Coalition
Mr. Rahim Reed
Director, Center for Race and Race Relations
University of Florida Levin College of Law
BLUE RIBBON COMMITTEE ON
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION/CHARTER OFFICER
Regular Meeting Agenda
City of Gainesville August 16,1999
City Hall -Room 016 6:00 P.M.
200 East University Avenue
I. ROLL CALL
II. ADOPTION OF AGENDA
III. APPROVAL OF MINUTES FROM JULY 19,1999 MEETING
IV. LEGAL BASIS FOR LOCAL GOVERNMENT EQUAL
OPPORTUNITY/AFFIRMATIVE ACTION POLICIES
-- CITY ATTORNEY
V. DISCUSSION OF CURRENT AND PROPOSED FISCAL YEAR 2000
STRUCTURE FOR EQUAL OPPORTUNITY/AFFIItMATIVE ACTION
PROGRAMS (MBE, A~'irmative Action, Equal Opportunity, Fair Housing,
Disability Issues, Sexual Harassment Issues, etc.)
-- CITY MANAGER
VI. UPDATE ON EQUAL OPPORTUNITY/AFFIRMATIVE ACTION
PROGRAMS IN OTHER CITIES WITHIN THE STATE OF FLORIDA
(to be presented at the September 7,1999 meeting)
VII. COMMITTEE MEMBERS/AGENDA ITEM5
Next scheduled meeting tentatively Tuesday, September 7,1999
(due to Labor Day)
Presentation of Current City Charter (the role of the Charter
Officer's to the City Commission)
Presentation on the process to change City Charter
VIII. CITIZEN COMMENT
IX. ADJOURN
BLUE RIBBON COMMITTEE ON
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION/CHARTER OFFICER
MINUTES
Regular Meeting
Members Absent
Larry Ellis
August 16, 1999
6:00 p.m.
Staff
Wayne Bowers
Marion Radson
Cazl Harness
Chazles Hauck
Darrell Elmore
Albert White
James McDonald
I. CALL TO ORDER
The August 16, 1999 meeting of the Blue Ribbon Committee on Equal
Opportunity/Affirmative Action/Charter Officer was called to order by Chairperson
Rodney Long at 6:05 p.m.
II. ADOPTION OF AGENDA
City of Gainesville
City Hall -Room 016
200 East University Avenue
Members Present
Rodney Long
Ruth Brown
Joe Little
Fred Pratt
Kenneth Nunn
Paula Stahmer
Larry McDaniel
Rahim Reed
Nkwanda Jah
Craig Lowe
Motion B :Joe Little Seconded B : L McDaniel
oved To: Approve the Agenda as
resented Unon Vote: Motion Carried Unanimously
III. APPROVAL OF MINUTES FROM JULY 19,1999 MEETING
Motion B :Joe Little Seconded B :Brown
ove o: Approve minutes from the July
19, 1999 meetin Unon Vote: Motion Carried Unanimously
Blue Ribbon Committee
Meeting Minutes
Page 2
IV. LEGAL BASIS FOR LOCAL GOVERNMENT EQUAL
OPPORTUNITY/AFFIItMATIVE ACTION POLICIES
--CITY ATTORNEY
City Attorney, Marion Radson and Assistant City Attorney, Charles Hauck gave a
brief presentation on the Legal Basis for Local Government Equal
Opportunity/Affu~mative Action Policies. Mr. Hauck presented a constitutional
overview of the different laws regarding Equal Opportunity/Affirmative Action
from a federal, state, and local government perspective. He focused on the
different levels of scrutiny that is applied when an Equal Opportunity/Affirmative
Action issue is raised on the basis of race, color, sex, religion, national origin, or
sexual orientation.
V. DISCUSSION OF CURRENT AND PROPOSED FISCAL YEAR 2000
STRUCTURE FOR EQUAL OPPORTUNITY/AFFIItMATIVE ACTION
PROGRAMS--CITY MANAGER
City Manager, Wayne Bowers presented the current and proposed fiscal year 2000
structure for the Equal Opportunity/Affirmative Action programs. His
presentation focused on the Equal Opportunity Program, Human Resources
Program, and the Finance Program. Each of these programs play an important
role in carrying out the functions of the Equal Opportunity/Affirmative Action
program in the City of Gainesville. Although, not reporting to the Equal
Opportunity Department Director, the city has in place an MBE Coordinator for
General Government that is placed in the Purchasing Division. The Equal
Opportunity Department Director reports to the City Manger, but has coordinating
duties with the Human Resources Director. The Affirmative Action Officer is
housed in the Human Resources department ,and reports to that director. The
Affirmative Action Officer serves in an advisory role to the Equal Opportunity
Director.
The Blue Ribbon Committee recommends to the City Manager that the
functions of the MBE Coordinator and Affirmative Action Officer be housed in
one location for better coordination and communication purposes. The Blue
Ribbon Conunittee has requested to receive copies of the MBE Annual Report.
The Committee has also requested to receive copies of the Charter Officer's Equal
Opportunity/Affu~mative Action Plans.
w
Blue Ribbon Committee
Meeting Minutes
Page 3
VI. UPDATE ON EQUAL OPPORTUNITY/AFFIItMATIVE ACTION
PROGRAMS IN OTHER CITIES VVITffiN THE STATE OF FLORIDA
This item will be presented by the Director of the Equal Opportunity Department
at the next regular meeting of the Blue Ribbon Committee on Equal
Opportunity/Affirmative Action/Charfer Officer
VII. COMMITTEE MEMBERS/AGENDA ITEMS
- Chairperson Rodney Long presented Committee members with the
draft workplan. This plan will be used to guide the Committee's work
over the next few months. Committee members are asked to review their
calendars to determine if there aze any conflicts with the proposed
workplan
- Chairperson Rodney Long passed out three newspaper articles deal with
Affirmative Action/Equal Opportunity issues
- Due to Labor Day on Monday, September 6, 1999, the next meeting of the
Blue Ribbon Committee on Equal Opportunity/Affirmative
Action/Chazter Officer will be held on Tuesday, September 7, 1999
- Committee members should be prepared for the September 7, 1999
meeting to discuss and identify what information/materials they would like
prepared for the Public Hearing on September 20, 1999
- If there are any particulaz groups or individuals you would like to be
notified of the Public Heazing on September 20, 1999, please inform the
Clerk's office
VIII. CITIZEN COMMENT
No comments from the public
IX. ADJOURN
Meeting was adjourned at 8:30 p.m.
PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF
GAINESVILLE
Sec. 1. Article 3.01 of the Charter shall be amended
as follows:
(1) Existing section 3.01 shall be redesignated as
3.01(1) .
(2) New sections 3.01(2) and 3.01(3) shall be added
as follows:
3.01. Charter officers.
(2) The City shall not deny any person any benefit,
service, employment, opportunity for service, contract,
or any incidents or emoluments thereto on the basis of
race, religion, color, gender, national origin, marital
status, disability, sexual orientation or age except as
authorized by state or federal law. The Commission
shall adopt human relations and equal opportunity
ordinances pertaining to the functions of the City and
prescribe programs and remedies to enforce this
provision.
(3) The charter officers shall apply the City's
human relations and equal opportunity ordinances and
implement its human relations and equal opportunity
programs within their respective departments and shall
coordinate the efforts of the various departments to
optimize the effectiveness of their efforts. The
charter officers shall from time to time make
individual and collective recommendations to the
Commission pertaining to the effectiveness of the
City's human relations and equal opportunity ordinances
and programs pertaining to the activities of the City.
Sec. 2. Article 3.05 of ,the Charter shall be amended
to add subsection 3.05(3) as follows:
3.05 City internal auditor.
1
(3) The internal auditor shall perform compliance
audits on the implementation of the City's human
relations and equal opportunity ordinances and programs
pertaining to the activities of the City within all
departments of the City in accordance with schedules
prescribed by the Commission. All audits and reports
prepared by the internal auditor shall be submitted to
the Commission and filed in the office of the clerk of
the commission.
Sec. 3. Article I2I, Administration, shall be amended
to add Section 3.08, as follows:
3.08. Human Relations Director
(8) As used in this chapter .
(1) The Commission shall appoint a Human Relations
Director who shall serve at the will of the Commission.
The Human Relations Director shall:
(a) Receive complaints from any person alleging
that the City or any of its employees or agents or any
other person residing or conducting business within the
city have denied the complainant of any right under the
City's human relations and equal opportunity ordinances
and programs.
(b) Conduct investigations within any
department or office of the City against which a
complaint has been made and in connection thezewith
inspect all records and interview all employees and
agents of the department or office with or without
prior notice. To conduct investigations of any persons
residing or conducting business within the City against
which a complaint has been made.
(c) Make findings of fact pertaining to whether
or not the complaint is valid and, in cases in which
the investigation suggests a violation has been
committed, propose remedial action to the charter
officer under whose jurisdiction the suggested
2
violation has occurred, or to the person the business
entity where the suggested violation has occurred.
(d) Make an annual report to the Commission as to
the activities of the year and the need, if any, to
revise the City's human relations and equal opportunity
ordinances and programs pertaining to but not limited
to equal opportunity, affirmative action, minority,
women and disadvantaged business enterprise programs,
fair housing, sexual harassment, and accessibility to
the City's programs, services and activities.
(e) Be responsible for the development of
policies for the implementation of comprehensive equal
opportunity and diversity programs and adherence to
equal opportunity laws, policies, procedures, and
related matters.
(f) Be responsible for the development of
strategies, training, workshops, and initiatives to
ensure diversity and equal opportunity and its related
matters in employment, purchasing, services, programs,
and activities.
(g) Review all proposed changes to current or
proposed new city employment policies, procedures and
guidelines, job descriptions and purchasing policies,
procedures and guidelines for compliance with equal
opportunity laws, policies, procedure, guidelines, and
related matters.
(h Review prior to final approval hires,
transfers, demotions, promotions, and termination's for
compliance with equal opportunity laws, policies,
procedures, guidelines, and related matters.
(I) Develop instruments to monitor adherence
to diversity and equal opportunity laws, policies,
procedures, guidelines, and related matters for city
services, programs, activities, employment and
purchasing.
3
(j) Participate in the assessment and review
of the city's recruitment, appointment, promotion, and
other personnel, practices and related personnel
matters as they pertain to all employees and applicants
at all levels of City employment.
(k) Compile various equal opportunity reports
and related reports required of the City by state and
federal agencies or that are necessary for compliance
purposes.
(1) Perform all other functions prescribed by
ordinance or as otherwise directed by the Commission.
(2) If the Human Relations Director proposes
remedial action to a charter officer or any person
residing or conducting business within the city of
Gainesville within limits prescribed by ordinance:
(a) The charter officer or any person residing
or conducting business within the city shall have 30
calendar days to adopt the remedy proposed by the Human
Relations Director or in a manner acceptable to the
complainant.
(b) If a remedy as prescribed in (a) has not
been implemented at the close of 30 calendar days, the
charter officer or any person residing or conducting
business within the city shall notify the Humari
Relations Director and the complainant in writing of
the entitlement to seek review of the charter officer's
decision before the City's Human~Relations Commission.
(c) If the Human Relations Director determines
that no violation has occurred or that no remedial
action is to be recommended, this decision shall be
transmitted in writing to the complainant and the
charter officer or business entity against whose
department, the complaint was filed. This decision
shall be deemed to be the final action of the City
subject~to judicial review as prescribed in section
3.09 (4) .
4
Sec. 4. Article Iv, Boards and committees, shall be
amended to add Section 4.04, as follows:
4.04 Human relations commission.
The Commission shall appoint no fewer than three (3)
and no more than seven (7) members to the Human
Relations Commission to review decisions of charter
officers and any person residing or conducting business
within the city under this section, and to perform
other functions prescribed by ordinance. The Human
Relations Commission shall:
(1) Accept timely filed petitions for review of
decisions of charter officers and any person residing
or conducting business within the City made under
section 3.08.
(2) Conduct hearings under procedures prescribed
by ordinance pertaining to complaints filed under
section 3.08, and conduct hearings pertaining to other
matters as otherwise prescribed by ordinance. If the
Human Relations Commission consist of six or more
members, then it may sit to hear complaints in panels
of as few as three members. Hearing procedures must
include an opportunity for the complainant, charter
officers and any person residing or conducting business
within the City to participate in person or by counsel.
(3) The Human Relations Director may, but is not
required to, appear on behalf of the complainant in
connection to proceedings commenced pursuant to section
3.08.
(4) The Human Relations Commission shall render a
final order.
(a) The final order may include a remedy within
limits prescribed by ordinance including remedies more
stringent than those proposed by the Human Relations
Director. The final order rendered by the Human
5
Relations Commission shall be binding upon charter
officers and any person residing or conducting business
within the City.
(b) The Human Relations Commission may render a
final order that no violation has occurred and may
include a determination that no remedial action is
required.
(5) The final orders of the Human Relations
Commission shall be the final action of the City,
subject to judicial review as prescribed by the rules
and laws pertaining to access to the courts of the
State of Florida.
(6) The Human Relations Commission shall have the
following duties, powers, functions, and
responsibilities.
(a) Adopt rules and procedures necessary to
conduct the business of the Human Relations Commission.
(b) Subpoena and compel the production of
evidence necessary for investigation of complaints
filed for any alleged violation of this chapter.
Administer oaths and compel the attendance of witnesses
and production of evidence by subpoenas issued by the
chair of the board.
(c) In coordination with the director, take
other informational or educational actions to enforce
the purpose of this chapter.
(d) Apply to a court of competent jurisdiction
subject to the approval of the city commission, for
enforcement of any subpoena upon the refusal to answer
or produce the requested document or information,
wherein the court shall determine the matter.
(e) Seek prompt judicial action for
appropriate temporary or preliminary relief pending
final disposition of a complaint if the board
6
determines that such action is necessary to carry out
the purposes of this chapter.
(f) Any other powers and duties otherwise
provided for by law and ordinance.
7
ATTACHMENT
«F~~
Andrea Lorenzo-luaces
From: Faith Miller [FMiller@deltonafl.gov]
Sent: Friday, January 16, 2009 12:15 PM
To: Andrea Lorenzo-luaces
Subject: Charter Review
Andrea
We used Marilyn Crotty, with the Institute of Government at UCF, as our facilitator for our recent Charter Review process and her
costs were very reasonable and she did a good job. Six of our 8 Charter amendments passed on November's ballot. Hope all is well
with you -enjoy the long weekend!
,Faith
Faith G. Miller, MMC, MPA
City Manager, City of Deltona
Phone: (386) 878-8100; FAX: (386) 878-8501
Email: fmillert~deltonafl.gov
City's WebPage: www.deltonafl.gov
CONFIDENTIALITY NOTICE: This e-mail message including any attachments is for the sole use of the intended recipient(s) and may contain confidential and
privileged information. Any unauthorized review use disclosure or distribution is prohibited. If you are not the intended recipient contact the sender by reply a-mail
and destroy all copies of the original message.
PUBLIC RECORDS NOTICE: The City of Deltona is governed by the State of Florida public records law. This means that the information we receive online
including your a-mail address might be disclosed to any person making a public records request. If you have any question about the Florida public records law
refer to Chapter 119 Florida Statutes.
Andrea Lorenzo-luaces
From: Deputy City clerk [DeputyCityclerk@cityofflaglerbeach.com]
Sent: Friday, January 16, 2009 12:41 PM
To: Andrea Lorenzo-luaces
Subject: RE: FACC CE Req Charter Review Process Inquiry
Hello Andrea,
The web address below is to the National Civic League, I ordered two books, Model City Charter and Guide for Charter
Commissions and received permission from the publisher to duplicate it for the 7 members of the Review Board. Our
Board made over 50 suggested changes, we have opted to do seven ballots ?'s this year and more 7 or 8 more the next
until completed, we did do a ballot ? to correct all grammatical & scriveners errors and one ballot amending to reflect
gender neutral references, you may also want to ensure your Charter is up to date on the election process we had to
change ours to allow for the petition process instead of paying the qualifying fees. If you go to Municode and check out
other Cities Charter with similar demographics it may help you. Good Luck.
http://ncl.org/publications/
Penny Overstreet
Deputy City Clerk
City of Flagler Beach
P. O. Box 70
Flagler Beach, FL 3~s36
386-5i7-zooo ext. X35
Fax: 386-517-zoo6
Please Note: Florida has a very broad Public Records Law . Most written communications to or from the City of
Flagler Beach officials and employees regarding public business are public records available to the public and
media upon request. Your e-mail communications may be subject to public disclosure . Confidentiality Notice:
This e-mailmessage including any attachments is for the sole use of the intended recipient (s) and may contain
confidential and privileged information . Any unauthorized use disclosure or distribution is prohibited. /f you are
not the intended recipient contact the sender byreply e-mail and destroy all copies of the original message.
`'~jPlease consider the environment before printing this email.
From: Tracy Ackroyd [mailto:TAckroyd@clermontFl.org]
Sent: Friday, January 16, 2009 11:53 AM
To: Alana Brenner; Andrea Lorenzo-luaces; City Clerk; Angela Grimmage; Barbara Barbour; Barbara Montanaro; Bea
Meeks; Belinda Parker; Beth Eikenberry; Betsi Moist; Betty Richardson; Carol Foster; Carol Heintz; Cathleen Wysor; Cathy
Williams; Cheryl Schwab; Cheryl White; Christina Doeerfeld; Cindi Kelley; Clare Hoeni; Cynthia Bonham; Dan Davis;
Danielle Harker; Debbie Fitz-Gerald; Debby Franklin; Deborah Krages; Deborah Maliska; Deborah Renner; Denise Noak;
Dolly Miller; Dolores Meyer; Donna Gardner; Dorothy Burkhalter; Faith Miller; Gloria Williams; Gwen Keough-Johns; Holly
Moseley; Ivy De La Cruz; Jan McDaniel; Janet Dougherty; Janice Goebel; Jeaneen Clauss; Jeanette Conlon; Jeanette
Williams; Joan Clark; Joyce Kent; Julie Hennessy; Karen A Phillips; Karen Howard; Kassandra Blissett; Kathy Golden;
Kevin O'Leary; Laura Aldrich; Letitia LaMagna; Linda Jaworski; Marion Noe; Michelle Kubitschek; Nancy Wilson; Deputy
City clerk; Sandra Modigh; Sherri Philo; Tammy Vock; Alice Passmore; Ann-Marie Basler; Becky Groom; Brenda Brasher;
Cynthia Porter; Debbie Bass; Desiree Matthews; Diane Gibson-Smith; Gail Griswold; Jim Myers; Joan Brown; Johnny
Bledsoe; Jolynn Donhoff; Judy Roberts; Kris Straka; Lane Gamiotea; Laura Eaton; Laura Goodearly; Lenore Milan; Linda
Debonis; Linda Goff; Linda Hansell; Linda Sundvall; Lisa Bloomer; Lois Towey; Loredana Kalaghchy; Marge Strausbaugh;
Margie Wilson; Maria Montalvo; Maria Waldrop; Mary Alice Manley; Melanie Sibbitt; Melissa Eddings; Michelle Hawkins;
Nancy Barnett; Pat Garthwaite; Pat Lee; Patsy Wainright; Rhonda McKinney; Ronya Johnson; Sally Maio; Sarah Mirus;
Sheyenne Contreras; Shirley Kelly; Stacy Tebo; Sue Andrews; Sue Novack-Wilson; Susanne Krueger; Teresa Begley;
Teresa Braddy-Bagwell; Terese Barber; Tina Hoffkins; Valerie Maning; Veronica Patterson; Virginia Haas; Wanda Wells;
Wendy Wickwire
Subject: FACC CE Req Charter Review Process Inquiry
I received the following request for information from Andrea Lorenzo-Luaces, MMC, City of Winter Springs.
Please reply directly to her at aluaces@winterspringsfl.org
Thanks.
7aauy
Tracy Ackroyd, CMC
City Clerk
City of Clermont
Phone (352) 394-4081
Fax (352)394-2379
From: Andrea Lorenzo-luaces [mailto:aluaces@winterspringsfl.org]
Sent: Friday, January 16, 2009 9:29 AM
To: Tracy Ackroyd
Subject: Charter Review Process Inquiry
Our City is looking at getting into the Charter Review process [our last Charter Review was 9 years ago.] and
was wondering if you could recommend any possibly fresh concepts plus of course tried and true methods. Do
you know of any individuals who are excellent and could guide us on such a project, if our City Commission
wanted to do a Charter Review. Copies of anything relevant would also be helpful. Tips/Suggestions...
If you do not have any information to share, please do not feel that you have to respond. But if you do have
information to share, then please contact Andrea Lorenzo-Luaces at aluaces(a,wintersprin sg fl.org
Thank you,
Anc(rea Lorenzo-Luaces, MMC City Clerk
City of Winter Springs
01126 East State Road 434
Winter Springs, Florida 32708
$Telephone: (407) 327-5955
Facsimile: (407) 327-4753
~' email: aluacesC~winterspringsfl.org
`,Please consider the environment before printing this email.
Confidentiality Note: This e-mail, and any attachment to it, contains information intended only for the use of the individual(s) or entity named on the a-mail. If the
reader of this a-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that
reading it is strictly prohibited. If you have received this a-mail in error, please immediately return it to the sender and delete it from your system. Thank you.
Website: www.CityofClermontfl.com
PLEASE NOTE: Under Florida law, a-mail addresses are public records. If you do not want your email address released in response to apublic-records request,
do not send electronic mailto this entity. Instead, contact this office by phone or in writing.
Andrea Lorenzo-luaces
From: Jeanette Williams [jwilliams@cityofsebastian.org]
Sent: Friday, January 16, 2009 1:26 PM
To: Andrea Lorenzo-luaces
Subject: Charter Review Committee
Hi Andrea,
Here is Sebastian's charter and code provision. If Sally responded to you please always look to her first as she
is a master clerk with 20 years of experience!
Jeanette
Charter provision for City of Sebastian
Sec. 5.03. Charter review committee.
Not later than April 15 of the year 1999 and of every 5th year thereafter, the city council shall appoint a
charter review committee to review the Charter of the city. Each charter review committee shall consist of
fifteen (15) residents of the city. The committee shall otherwise be appointed in the manner provided by the
Code of Ordinances. The committee shall be funded by the city council and shall be known as the "City of
Sebastian Charter Review Committee." It shall, within six (6) months from the date of its formation, present to
the city council its final recommendation for amendment of the Charter or its recommendation that no
amendment is appropriate. If amendment is to be recommended, the charter review committee shall conduct
two (2) public hearings, at intervals of not less than fourteen (14) days, prior to the transmittal of its
recommendations to the city council. The city council may by ordinance submit any or all of the recommended
amendments to the electors for vote at the next general election held within the city or at a special election
called for said purpose.
(Ord. No. 0-98-13, § 1, 10-14-98; Ord. No. 0-06-18, § 1, 10-11-06)
Editor's note: Ord. No. 0-98-13, § 1, amended the Charter by adding § 5.03 to read as herein set forth.
Such amendment was approved by the voters at an election held Mar. 9, 1999.
Code provision for City of Sebastian Charter Review Committee
Sec.2-231. Appointment.
The 15 members of the charter review committee, as established by section 5.03 of the City Charter, shall be
appointed in the following manner:
(1) Each member of the city council shall appoint two city residents to the committee; and
(2) The remaining five members of the committee shall be appointed by the council as a body in accordance
with the general provisions for selection of membership of city boards and committees.
The announcement of the individual appointments, and the selection of the at-large members, shall occur at the
second regularly scheduled city council meeting following the seating of the newly elected city council of the
years designed in the Charter for formulation of the committee.
There shall be no limit on the number of times a resident may serve on this committee, nor shall any member of
another city board or committee be prohibited from concurrently serving thereupon.
(Ord. No. 0-99-02, § 1, 4-14-99; Ord. No. 0-07-08, § 1, 6-13-07)
Sec. 2-232. Operational procedures.
The Charter review committee shall hold its organization meeting in the week following formulation of its
membership. At said meeting the majority of the members present shall select a chairman and avice-chairman.
The selection thereof, and the operations of the committee, shall be carried out in accordance with the
established general procedures for boards and committees of the city. At said organization meeting, the
committee shall establish the time and frequency of its meetings.
The city attorney shall be advisor to the committee and the city clerk shall provide secretarial services to the
committee.
After submitting its final recommendation, which shall occur within six months of the committee's formulation,
the committee shall have a final meeting in the week following city council action on said recommendation and
shall thereafter be dissolved.
(Ord. No. 0-99-02, § 2, 4-14-99; Ord. No. 0-07-08, § 2, 6-13-07)
Secs.2-233--2-239. Reserved.
Andrea Lorenzo-luaces
From: Julie Hennessy [Hennessy@deland.org]
Sent: Tuesday, January 20, 2009 9:25 AM
To: Andrea Lorenzo-luaces
Subject: Charter Review Process
Andrea - we usually appoint an ad hoc committee to examine the Charter and make recommendations tothe City
Commission. I think the last 2 times, we took applications for 2 or 3 City resident seats, and in addition, each City
Commissioner appointed 1 person.
Julie A. Hennessy, MMC
City Clerk-Auditor
City of Deland, Florida
(386) 626-7130