HomeMy WebLinkAboutRegular 600 This Document Was Referenced During The Workshop Date: May 17, 2010
The attached document was referenced during
the May 17, 2010 City Commission Workshop
during Regular Agenda Item "600 ".
CITY O F
WINTER SPRINGS
201 0
AD HOC
CHARTER REVIEW
COMMITTEE
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Incorporate _
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Its,
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FINAL REPORT
APRIL 1 5, 201 0
INDEX
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FINAL REPORT 1
PROPOSED REVISED CITY CHARTER 2
RESOLUTION 201 0-04 3
TAB1
WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
FINAL REPORT
INTRODUCTION
This Final Report is presented to the City Commission of Winter Springs pursuant to
Resolution 2010 -04, which initiated a comprehensive review of the existing City Charter. The
City Commission appointed an ad hoc charter review committee consisting of eleven (11) city
electors to conduct the comprehensive review and make recommendations for changes deemed
advisable. The members of the Winter Springs Ad Hoc Charter Review Committee ( "Charter
Review Committee" or "Committee ") are:
George Acha
Pamela Carroll
Tom Freeman
Steve Glazier
Beth King
Charles Lacey
George Markward
Bill Poe
John Ryser
Helga Schwarz
Sandy Traeger
Anthony Garganese, City Attorney, served as the facilitator and legal advisor for the
process. Kevin Smith, City Manager, and Andrea Lorenzo - Luaces, City Clerk, served as
technical advisors to the Charter Review Committee along with the City Department Heads. The
Charter Review Committee met 6 times between February 18 and April 15, 2010. All meetings
were publicly noticed with opportunities for citizens to speak at each. Additionally, two citizens
submitted written comments to the Charter Review Committee. All verbal and written
comments received by the Charter Review Committee were considered and acted on
accordingly.
PROCESS
The City Commission directed that the Charter Review Committee conduct a comprehensive
review of the existing Charter to:
• Evaluate and make recommendations on whether the provisions of the City Charter are
substantially consistent with the Model City Charter, 8 Edition, published by the
National Civic League, and if not, whether the City Charter should be amended to be
substantially consistent with the Model City Charter, e Edition or remain the same.
• Evaluate and make recommendations on specific City Charter provisions specifically
identified by the City Commission.
• Propose any amendments to the City Charter not otherwise specifically addressed.
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The following recommendations were approved by the Charter Review Committee for
submission to the City Commission and transmission to the citizens of the City of Winter
Springs.
1. Section 2.03. Annexation Procedure.
The Committee determined that this section should simply reflect that annexations are
governed by Florida law. Therefore, all superfluous language was removed and the
Committee recommends that the current Section 2.03 be revised to read as follows:
The commission of the City of Winter Springs, Florida, may annex
land to the territorial limits of the municipality in accordance with
the procedures set forth in Chapter 171, Florida Statutes as it now
exists or as it may be renumbered or amended
2. Section 4.01(a) Composition and Section 4.02(a) Number of districts.
The Committee had extensive debate regarding the composition of the City Commission.
The debate resulted in a close majority and minority view point.
Majority view (received five votes): The Committee recommends that the City
Commission be comprised of four (4) district Commissioners and a voting Mayor. The
Mayor and each Commissioner would be elected at large. The mayor would not have
veto power.
NOTE: Once the majority view of having a voting mayor was decided, the Committee
considered what would be the appropriate number of City Commission Districts. The
Committee considered increasing the number of Districts to six (6) and reducing the
number of Districts to four (4). The Committee unanimously (9 -0) decided to
recommend four (4) City Commission Districts and a voting at -large mayor.
Minority view (received four votes): Maintain the status quo (five Commissioners and a
nonvoting Mayor), but increase the Mayor's veto power to include resolutions excluding
budget resolutions.
The Committee also notes that in addition to the above - referenced vote regarding the
composition of the City Commission, it considered a single member district voting
scheme whereby Commissioners would be required to reside within, and be elected from
within, a single district. In other words, Commissioners would no longer be elected at
large. However, this single member district voting scheme failed by a five -four vote.
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3. Section 4.01(b) Eligibility.
Section 4.01(b), dealing with eligibility of commissioner and mayoral candidates,
currently references the City Code, which contains qualifications for candidates for
Mayor and Commissioner. The Committee believes that the qualification requirements
for candidates running for Mayor and Commissioner should be incorporated verbatim in
the City Charter so the requirements can not be amended by the City Commission by
ordinance. Therefore, the Committee recommends that the language of Section 2 -87 of
the City Code, regarding residency and other qualifications, be inserted into the Charter.
The Committee further recommends that the Charter reference to Section 2 -87 of the City
Code be deleted.
4. Section. 4.01 Composition; qualification of members; and commission districts.
The Committee recommends that reference to terms of office be removed and restated in
section 4.03 so that the terms of office are only stated in one place in the Charter.
5. Section 4.03 Election and Terms.
The Committee believes that a newly elected Mayor or Commissioner should take office
as soon as possible after an election. Therefore, the Committee recommends that the
Charter provide that newly elected officials will take office at next regular or special City
Commission meeting (instead of the first Monday after December 1 as currently
provided in Section 4.01).
6. Section 4.05 Mayor.
The Committee believes that if a vacancy in the Mayor position occurs, the City
Commission should determine at the time of the vacancy who should be appointed to
serve as the Mayor until the next election. The Committee does not support having the
Deputy Mayor automatically fill a vacancy in the position of Mayor. Therefore, the
Committee recommends that a vacancy in the Mayor's position be filled in the same
manner as any vacant position on the City Commission, per the recommended revised
Section 4.08.
7. Section 4.08 (c) Vacancies; forfeitures of office; filling of vacancies.
When a vacancy in the position of Mayor or Commissioner occurs, the Committee
supports requiring the Commission to appoint a person to fill the vacancy within a certain
defined time period. In addition, the Committee believes that the appointee shall only
serve until the next regular election, at which time the voters can elect someone to fill the
vacancy for the unexpired terms or for a new term. Therefore, the Committee
recommends that the Commission make appointments to fill vacancies within two regular
meetings following the creation of the vacancy. A Commission appointee would fill a
vacant office only until the next regularly scheduled election. In the event of a vacancy,
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the Mayor's position would also be filled in the same manner as a vacant Commissioner's
seat is filled.
8. Charter Officers (Sections 4.10, 5.01, 5.02 and 6.02)
The Committee believes that the City Commission should have the flexibility of hiring
and terminating charter officers by a simple majority vote. Therefore, the Committee
recommends amending the provisions of the Charter related to the city clerk, city
manager, and city attorney to allow the City Commission to hire and terminate said
charter officers by majority vote (3 votes), rather than the current super - majority vote (4
votes).
9. Section 4.10 City Clerk.
In addition to amending the hiring and terminating vote requirement, the Committee
recommends adding language to Section 4.10 providing that the City Commission will
set the compensation of the City Clerk. The Committee believes it makes sense to
expressly provide this requirement in the City Charter because the existing Charter is
silent on this issue, and compensation of the City Clerk has historically been established
by the City Commission.
10. Section 4.11 Investigations.
The City Attorney recommended to the Committee that this section be updated to comply
with Florida law relative to the 60 day maximum term of imprisonment for violating a
municipal ordinance. Therefore, the Committee recommends that this section be
amended to change the term for imprisonment from 90 days to 60 days to comply with
state statutes.
11. Section 4.12 Independent Audits.
Section 4.12 authorizes the Commission to provide for an independent audit of all city
accounts and for such more frequent audits as it deems necessary. Recognizing that the
City is required to conduct annual audits every fiscal year, the Committee recommends
that this section be revised to require annual independent audits each fiscal year.
Additionally, the Committee believes this section is more appropriately placed under
Article VII because it is related to Financial Procedures. Therefore, the Committee
recommends moving Section 4.12, as amended, to a new Section 7.08 (for purposes of
keeping financial procedures together in one section).
12. Section 4.14. Actions requiring an ordinance.
The Committee proposes one minor technical legal change for purposes of recognizing
that public utility rates should be established by ordinance unless otherwise provided by law. In
many cases, the City does not regulate the rates of public utilities because the City is pre- empted
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by law from doing so. Therefore, the Committee recommended a slight amendment clarifying
this pre - emption. Section 4.14(5) would be revised as follows:
Regulate the rate charged for its services by the public utility, except as
provided by law; - - - . . ..: - -.:: ..: -
13. Section 4.15. Ordinances in general.
While Florida law provides the procedures for adopting emergency ordinances, the
Committee believes that the City Charter should expressly provide for the adoption of
emergency ordinances. Further, the Committee believes that emergency ordinances
should be for a limited duration consistent with the provisions of the Model City Charter, .
8 Edition. Therefore, the Committee recommends that a new subparagraph (d) be added
to Section 4.15, which would provide an automatic sunset of emergency ordinances after
60 days if not re- enacted or repealed. The following language is recommended:
(d) Emergency Ordinances. Emergency ordinances may be
adopted by the city commission in accordance with law. Every
emergency ordinance shall automatically stand repealed as of the
sixty -first day following the date on which it was adopted unless
repealed sooner by the commission. Nothing herein shall prevent
re- enactment of the ordinance in the manner specified in this
subsection if the emergency still exists.
14. Section 5.03 Powers and duties of the city manager.
The Committee believes that the City Charter should not enumerate the powers of the
City Manager. Rather, the Committee believes that the City manager's powers should be
established by the City Commission, as the City Commission deems appropriate.
Therefore, the Committee recommends that all specific duties and responsibilities of City
Manager should be stricken and replaced with: "The city manager will perform all duties
and responsibilities as specified in city manager's job description with the City or as may
be required by the Commission."
Although not recommended to be placed in the City Charter, the Committee also
recommends that the City Commission include the authority to hire and fire City staff in
the City Manager's job description.
15. Section 5.04 Acting City Manager.
In reviewing this section, the Committee realized that it required the City Manager to
appoint a "qualified" officer of the City to serve as an acting city manager, but the same
requirement does not currently expressly exist for the City Commission appointment of
the same. While this requirement implicitly exists per the City Charter, the omission
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creates an ambiguity which should be addressed. Therefore, the Committee recommends
that the word "qualified" be added to last sentence of Section 5.04, as follows:
During such absence or disability the commission may revoke such
designation at any time and appoint another qualified officer of the
city to serve until the manager shall return or his disability shall
cease.
16. Section 6.02 City Attorney.
The Committee understands that the Model City Charter and the City Charter recognizes
the City Attorney as the City's chief legal officer. However, the Committee also
understands that in some situations the City Attorney can not represent the City for a
variety of reasons such as conflict situations, statutory reasons, and when special counsel
is required for special matters. Therefore, the Committee recommends that the word
"all" be deleted from the last sentence of Section 6.02 (a), as follows:
The city attorney shall represent the city in all legal proceedings
and shall perform such duties as provided by this Charter, by the
commission, or by law.
17. Section 7.07(d) Transfer of Appropriations.
Because the City Commission is ultimately responsible for the City Budget, the
Committee believes that the City Commission should be required to establish guidelines
for the City Manager relative to the transfer of unencumbered appropriations among
programs within a department, office, or agency.
18. Section 12.01 Powers generally; and Section 3.01 Powers of the City, Generally.
The Committee recommends that Sections 12.01 and 3.01 be combined so that all of the
stated general powers of the City are set forth in one place. Said powers should be stated
at the beginning of the City Charter. Therefore, Article XII will be deleted and merged
into section 3.01.
ADDITIONAL RECOMMENDATIONS
• The City Charter should be made gender neutral.
• If the Commission accepts the recommended revisions to reduce the number of
commission districts from 5 to 4, and to make the Mayor a full voting member of the
Commission, the Committee recognizes that the City Commission will need to adopt
transitional provisions to implement this change in the composition of the governing
body. This implementation of this transition should be left to the City Commission's
discretion within a reasonable period of time.
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IMPLEMENTATION STRATEGIES
The Charter Review Committee recommends that the proposed recommendations be submitted
to the electorate at the city election in November, 2010. The Charter Review Committee further
suggests that the charter amendments be submitted as a series of ballot questions, grouping like
issues to minimize the number of questions.
In order to assure that the voters of the City of Winter Springs fully understand the proposed
charter amendments, the Charter Review Committee recommends that the City Commission
provide an extensive community education program that meets the requirements of Florida law.
At a minimum the program should consist of the following: printed informational brochures
(possibly mailed with utility bills); town hall meetings (held on nights and weekends); access to
copies of the revised charter, information on the city website; information in newspapers of
general circulation; and a speakers' bureau to inform voters of the proposed changes.
This Report of the Charter Review Committee is respectfully submitted to the City Commission
on this 15th day of April, 2010.
_ �
ar es La y, i ai • rson
Attachment: Revised Charter
7
TAB
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 Charter of 1972.
Editor's Note: A listing of ordinances annexing 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 pr-epese -by
ordinance a annex .... - .. . .. , - - :. . - . .. _ .. - - -- . ' ..
annex-said-land to the territorial limits of the municipality
- .. ... - . . • -- . ... . - ... in accordance with the procedures
set forth in Chapter 171, Florida Statutes as it now exists or as it may be renumbered or
amended.
ARTICLE III. POWERS OF THE CITY
Section 3.01. Generally.
(a) 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.
(b) Without limiting the broad powers outlined in subsection (a) above, and as
provided in Article .VIII, Section 2(b) of the State Constitution. the City of Winter
Springs shall have the governmental, corporate and proprietary powers to enable the city
to conduct municipal government, perform municipal functions and render municipal
services and may exercise any power for municipal purposes except when expressly
prohibited by law.
ARTICLE IV. GOVERNING BODY
Section 4.01. Composition; qualification of members; and commission districts.
(a) Composition. There shall be a governing body composed of the mayor and
five four (344) commission members elected by the voters of the city as
provided in this Charter_ . - . ... - _ .. . -
- -' - - . - - -- - •• . Not more than one (1) commission
member shall reside in each of the five four (54) commission districts
provided for in Section 4.02 (a) of this Chatter. 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. e .... '. . •. . ....._ - . - -
mayor and city commissioner arc as set out in Section 2 87, Codc of the City
of Winter Springs, Florida, as may Each
candidate seeking the office of city commissioner or mayor or any other
elective office of the city shall file a petition signed by fifteen (15) registered
voters of the city with the city clerk. Each candidate seeking the office of city
commissioner or mayor of any other elective office of the city shall have
resided in the city one (1) year prior to the time of qualifying. Each candidate
seeking the office of city commissioner shall be a resident of a designated
commission district as established by ordinance and shall have resided in the
designated commission district six (6) months prior to the time of qualifying.
Notwithstanding the above requirement. city commissioners shall run at large
as commission candidates under district designation. All candidates for
offices in municipal elections shall be registered and qualified electors of the
city at the time of their qualifying as a candidate with the city clerk and shall
file qualifying papers in accordance with state and pay the qualifying
fee and election assessment provided for by city ordinances. Such application
shall filed and the qualifying fee paid during the qualifying period established
by the city commission by ordinance.. -
Section 4.02.Commission districts; adjustment 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 four (54)
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
regular 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 commission. 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.
(c) Report; specifications. The districting commission shall file with the official
designated by the city commission a report containing a recommended plan
for establishment or adjustment of the commission district boundaries. The
initial districting commission, creating and establishing the first commission
districts, shall file such report 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 specifications:
(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
representation 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 description of the districts
recommended and shall be drafted as a proposed ordinance. 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 technical 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 pursuant 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 commission shall adopt the
redistricting ordinance at least one hundred twenty (120) days before
the next 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
ordinance. 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 enactment shall supersede previous commission districts
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 district and
boundaries.
Jh) INSERT TRANSITION PLAN TO REDUCE NUMBER OF
DISTRICTS FROM FIVE (5Y TO FOUR (4)
Section 4.03. Election and terms.
(a) The regular election of mayor and commissioners 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— at the next scheduled regular or special
meeting of the city commission . - . . ... .. - - - . . •
Deeember -of each year an election is held. and its members shall serve
until their successors have taken office.
(b) City commission seats are hereby designated as seats one, two, three,
and four and five..
(c) The mayor shall be limited to three (3) consecutive full terms of office.
Commission members 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) consecutive full terms of office as mayor from qualifying
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; expenses.
The city commission may determine the annual salary of mayor and
commissioners by ordinance, but no ordinance increasing such salary shall become
effective until the date of commencement of the terms of mayor and commissioners
elected at the next regular election, provided that such election follows the adoption of
such ordinance 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 performance of their duties of office and said reimbursement
for expenses shall be established by resolution.
Section 4.05. 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 or her successor is elected and
qualified; provided such term of office shall not exceed four (4) years. The mayor shall
be a voting member of the city commission and preside at meetings of the city
commission, represent the city in intergovernmental relationships, present an annual State
of the City Message, 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. However, and-if a vacancy occurs in the
position of mayor, .. _ . _ _ - ..... _ . _ - .. _ - :. _
the vacancy shall be filled in accordance with section 4.08 (c) of this Charter.
Section 4.06. General powers and duties.
All powers of the city shall be vested in the commission, except as otherwise
provided by law or this Charter, and the commission shall provide for the exercise thereof
and for the performance of all duties and obligations imposed on the city by law.
Section 4.07. Prohibitions; holding other office.
(a) Holding other office. Except where authorized by law, neither the mayor nor
any commission 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. Nothing in this section shall be construed to prohibit the mayor
or any commission member from selecting any current or former mayor or
any current 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 manner control or demand the appointment or removal of any city
administrative officer or employee 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 commission 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 commission
members from communicating with the various officers and employees of the
city, as in the case of any other citizen of the city.
Section 4.08. Vacancies; forfeitures of office; filling of vacancies.
(a) Vacancies. The office of the commissioner or mayor shall become vacant upon
his death, resignation, removal from office in any manner authorized by law or
forfeiture of his office, or in the event no one is elected to the office of mayor or
commission member.
(b) Forfeiture of office. A commissioner or mayor shall forfeit his office if-he the
commissioner or mayor:
(1) Lacks at any time during his term of office any qualifications prescribed
by this Charter or by law; or
(2) Knowingly and willfully violates any express prohibition of this Charter;
or
(3) Is convicted of a felony; or
(4) Fails to attend three (3) consecutive regular meetings of the commission
without being duly excused by the commission.
(c) Filling of vacancies. A vacancy in the mayor's position or a commission
member's seat shall be filled by a qualified person until the next regular election
- - . - ... - . .. . ... • .. .. -- .. . by a majority vote of
all its-remaining members of the city commission. It shall be the duty of the
remaining members to fill the vacancy at either of the next two regular meetings
of the commission following the creation of the vacancy. At the next regular
election, a qualified person shall be elected for a term equaling that period of time
necessary to complete the unexpired terms of the previously vacated position or
seat; unless the previous term was to expire. in which case such person shall be
elected for a four (41 year term.
Section 4.09. Judge of qualifications.
The commission shall be the judge of the election 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 evidence. A
member charged with conduct constituting grounds for forfeiture of his or her 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 newspapers 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 nomination from either the mayor or a
commission member(s)_ shall,, — a- majority vote of not - -less t aT f ur (4)
appoint an officer of the city who shall have the title of
city clerk. The city clerk's compensation shall be established by the city
commission. The city clerk shall give notice of commission meetings to its
members and the public, keep the journal of its proceedings and perform such
other duties as are provided by this Charter, by the commission or by law.
(b) The city clerk may be removed by a- majority vote of the city commission. net
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 hundred dollars ($500.00) or by imprisonment for not more than ninetsixty
(960) days or both.
Section 4.12. Reservedte
-- -
•
se
Section 4.13. Procedure.
(a) Meetings. The commission shall meet regularly 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.
(b) Rules and journal. The commission shall determine its own rules and order of
business and shall provide for keeping a journal of its proceedings. This journal
shall be a public record.
(c) Voting. Voting, except on procedural matters, shall be by roll call and the ayes
and nays shall be recorded in the journal. Three (3) members 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 commission. No action of the commission shall be valid or binding unless
adopted by the affirmative vote of three (3) or more members of the commission.
Section 4.14. Actions requiring an ordinance.
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
department, 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 imposed;
(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 as
provided by law - :.. - ..: - - :. - . . .... - ... ... . . • •
(6) Convey or lease or authorize the conveyance or lease of any land of the city;
(7) Adopt without amendment ordinances proposed under the initiative power;
and
(8) Amend or repeal any ordinance previously adopted, except as otherwise
provided in Article IX with respect to repeal of ordinances reconsidered under
the referendum 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 introduced 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 minimum of ten (10) days; provided however, this
requirement may be waived by a unanimous vote of all five (5) members of
the commission. All ordinances shall be posted in the city hall for thirty (30)
days after their first reading.
(c) Effective date. Except as otherwise provided in this Charter, every adopted
ordinance shall become effective at the expiration of thirty (30) days after
adoption or at any date specified therein.
(d) Emergency Ordinances. Emergency ordinances may be adopted by the city
commission in accordance with law. Every emergency ordinance shall
automatically stand repealed as of the sixty -first day following the date on
which it was adopted unless repealed sooner by the commission. Nothing
herein shall prevent re- enactment of the ordinance in the manner specified in
this subsection if the emergency still exists.
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, after receiving a nomination from either the mayor or a
commissionmember s - ... -.... - . - . - . .. ..• ........ . .
mss, shall appoint, by majority vote, a city manager and fix the manager's
compensation. The city manager shall be appointed solely on the basis of executive and
administrative qualifications and shall serve at the pleasure of the commission.
Section 5.02. Removal.
The commission may remove the city manager by • _ ....: - - ... _ .. ... - _ - . - . - majority vote.
Section 5.03. Powers and duties of the city manager.
The city manager shall . .. :... ... ..... • - - - . - -
ccrvicc, suspend or remove all city employees and appoint
or agency.
Cheraw.
(1) He shall sec that all laws, provisions of this Charter and acts of the
the sion - -
(6) He shall submit to the commission and make available to the public a
at t he en d of e fis :
(7) He shall make such other reports as the commission may require
(8) He shall keep thc commission fully advised as to thc financial
desirable.
(9) He shall perform such other-duties as-are specified in this Chartcr.or may
perform all duties and responsibilities as specified in the
city manager's job description with the city or as may be required by the city
commission.
Section 5.04. Acting city manager.
By letter filed with the commission, the manager shall designate, subject to
approval by the commission, a qualified city officer to exercise the powers and perform
the duties of manager during his the manager's temporary absence or disability. During
such absence or disability the commission may revoke such designation at any time and
appoint another qualified officer of the city to serve until the manager shall return or his
the manager's disability shall cease.
ARTICLE VI. ADMINISTRATIVE DEPARTMENTS
Section 6.01. Power of commission to establish.
The commission may establish city departments, officers or agencies in addition
to those created by this Charter and may prescribe the functions of all departments and
agencies.
Section 6.02. City attorney.
(a) The city commission, after receiving a nomination from either the mayor or a •
commission member(s) shall, by a majority vote : • : - - :• : •• ' = - - : -
nenibers, appoint an officer of the city who shall have the title of city attorney. The city
attorney shall represent the city in all -legal proceedings and shall perform such duties as
provided by this Charter, by the commission, or by law.
(b) The city attorney may be removed by a- majority vote of not less than four (1) I
the city commission.
ARTICLE VII. FINANCIAL PROCEDURE
Section 7.01. Fiscal year.
The fiscal year of the city shall begin on the first day of October and end on the
last day of September.
Section 7.02. Submission of budget and budget 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 by law or this Charter, shall be in suchform as the city manager deems desirable
or the commission may require. The budget shall begin with a clear general summary of
its contents; shall show in detail all estimated income, indicating the proposed property
tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal
year; and shall be so arranged as to show comparative figures for actual and estimated
income and expenditures 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 during 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 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 operated by the city.
For any fund, the total of proposed expenditures shall not exceed the total of
estimated income plus carried forward fund balance, exclusive of reserves.
Section 7.04. Capital Program.(a) Submission to commission.
(a) Submission to commission. The city manager shall prepare and submit to the
commission a current and five (5) year capital program no later than the fmal
date for submission of the budget.
(b) Contents. The capital program shall include:
(1) A clear general summary of its contents;
(2) A list of all capital improvements and other capital
expenditures which are proposed to be undertaken during the
current 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 capital expenditure is to
be reliant; and
(5) The estimated annual cost of operating and maintaining the
facilities to be constructed or acquired.
The above shall be revised and extended each year with regard to capital
improvements still pending or in process of construction or acquisition.
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 provisions 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 appropriations for the year up to the amount of such excess.
(b) Emergency appropriations. To meet a public emergency affecting life, health,
property, or the public peace the commission may make emergency
appropriations. To 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 emergency 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 the city manager shall report to the
commission without delay, indicating the estimated amount of the deficit, and
the remedial action by him —the city manager and his —the city manager's
recommendations as to any other steps to be taken. The commission shall then
take such further action as it deems necessary to prevent or minimize 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. subject to the guidelines established by the city commission,
transfer part or all of any unencumbered appropriation balance among
programs within a department, office or agency, and, upon written request by
the city manager, the commission may by ordinance transfer part or all of any
unencumbered appropriation balances from one department, office or agency to
another.
(e) Limitations; effective date. No appropriation for debt service may be reduced
or transferred, and no appropriation may be reduced below any amounts
required by law to be appropriated or by more than the amount of the
unencumbered balance thereof. The supplemental and emergency
appropriations and reduction or transfer of appropriations authorized by this
section may be made effective immediately upon adoption.
7.08 Independent audits.
The commission shall provide for an independent annual audit for each fiscal year
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
requirement of this section.
ARTICLE VIII. NOMINATIONS 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 years. The entire electorate
shall be entitled to vote in elections 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 prescribed 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.
ARTICLE IX. INITIATIVE 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
relating 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 extend to the budget or capital
program, or any emergency ordinance or ordinance relating to appropriation of
money or levy of taxes.
Section 9.02. Commencement of proceedings; petitioners' committee; affidavit.
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 addresses and specifying the address to which all notices to the
committee are to be sent, and setting out in full the proposed initiative ordinance or citing
the ordinance sought to be reconsidered.
Promptly after the affidavit of the petitioners' committee is filed, the clerk shall
issue the appropriate petition blanks to the petitioners' committee within thirty (30)
calendar days.
Section 9.03. Petitions.
(a) Number of signatures. Initiative and referendum 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 qualified 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 text of the ordinance proposed or sought to be
reconsidered. •
(c) Affidavit of circulator. Each paper of a petition shall have attached to it when filed
an affidavit executed by the circulator thereof stating that he—the circulator
personally circulated the paper, the number of signatures thereon, that all
signatures were affixed in histhe circulator's —presence, that he —the circulator
believes them to be the genuine signatures of the persons['] 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) Time for filing referendum petitions. Referendum 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 sufficiency, specifying, if
it is insufficient, the particulars 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 petitioners' committee files a notice of intention to amend it
with the clerk within two (2) days after receiving 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 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' committee 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 -the clerk's certificate to the commission and
the certificate 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'
committee 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
commission. 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 determination as to the sufficiency of a
petition shall be subject to court review. A determination of insufficiency, even if
sustained upon court review, shall not prejudice the filing of a new petition for the
same purpose.
Section 9.05. Referendum petitions; suspension 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 suspension shall terminate
when:
(1) There is a final determination of sufficiency 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 9.06. Action on petition.
(a) Action by commission. When an initiative or referendum petition has been finally
determined sufficient, the commission shall properly consider the proposed
initiative ordinance in the manner provided in Article IV, 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 substance within
sixty (60) days or fails to repeal the referred ordinance within thirty (30) days of
the date the ordinance was finally determined sufficient, it shall submit the
proposed referred ordinance 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 commission shall provide for a
special election; otherwise, 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
election at an earlier date within the prescribed period. Copies of the proposed or
referred ordinance shall be made available at the polls.
(c) Withdrawal of petition. An initiative or referendum petition may be withdrawn at
any time prior to the fifteenth day preceding the day scheduled 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 commission. 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.
(b) Referendum. If a majority of the qualified electors voting on a referred ordinance
vote against it, it shall be considered repealed upon certification of the election
results.
ARTICLE X. 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 circumstance is held invalid, the application of the Charter and its
provisions to other persons or circumstances shall not be affected thereby.
ARTICLE XII. POWERS
• •
. .. . - . , a : . ._ ... .. ..
ro hibite.i b l ,.RESERVEDrazt.
ARTICLE XIII. 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.
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 Charter.
(a) The first election to be held under this Charter shall be for the purpose of electing
persons to fill the offices of mayor and of the two commission members from
seats designated as two and four respectively under the former Charter 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 from
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 qualified.
(b) The second election to be held under this Charter shall be for the purpose of
electing persons to fill the offices of those commissioners from seats designated
as one, three and five respectively under the former Charter and as commission
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 designated as numbers one, three, and five respectively under this Charter.
The commission members elected at this election shall serve for terms of four (4)
years and until their successors have been elected and qualified.
•
•
TAB
RESOLUTION NUMBER 2010 -04
A RESOLUTION . OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR A
FORMAL PUBLIC PROCESS TO CONDUCT A
COMPREHENSIVE REVIEW OF THE CITY CHARTER FOR
PURPOSES OF DETERMINING WHETHER AMENDMENTS
SHOULD BE PROPOSED TO THE CITY ELECTORATE
DURING THE 2010 GENERAL ELECTION; PROVIDING
FOR THE ESTABLISHMENT OF A "WINTER SPRINGS AD
HOC CHARTER REVIEW ADVISORY COMMITTEE";
PROVIDING A PUBLIC REVIEW PROCESS; PROVIDING
FOR TECHNICAL ASSISTANCEAND OTHER TERMS AND
CONDITIONS NECESSARY TO CONDUCT AN ORDERLY
AND WELL- INFORMED CHARTER REVIEW PROCESS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Winter Springs, Florida was established by the Florida
Legislature in 1959 and operates pursuant to its City Charter; and
WHEREAS, the City Charter has been amended from time to time as the governance of
the City has evolved; and
WHEREAS, 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, in 2001, the City Commission established a comprehensive charter review
process for purposes of modernizing the City Charter consistent with the Model City Charter, 7
Edition, promulgated by the National Civic League; and
WHEREAS, in 2001, the City Commission proposed to the electorate of the City of
Winter Springs approximately 23 amendments to the City Charter to modernize the governance
of the City of Winter Springs; and
WHEREAS, the approximate 23 amendments were approved by the electorate of the
City of Winter Springs and became law pursuant to the Florida Constitution and the Florida
Municipal Home Rule Powers Act; and
WHEREAS, since the last comprehensive City Charter review process in 2001, the
National Civic League published the 8 Edition of the Model City Charter in 2003; and
WHEREAS, there has been an expression of interest among City Officials and members
of the public that the City Charter should be reviewed for purposes such as determining whether
the Model City Charter, 8 Edition offers any additional suggestions and guidance that may be
helpful to further modernize the City Charter of Winter Springs, and evaluating certain
governance issues identified by the City Commission; and
WHEREAS, the City Commission desires to appoint an ad hoc committee to conduct the
City Charter review process and to determine whether or not additional charter amendments
should be recommended to the City Commission for proposal to the electorate of Winter Springs;
and
WHEREAS, the City Commission desires to provide an open, objective, and deliberative
process that will afford the public ample opportunity to participate in the City Charter review
process; and
WHEREAS, the City Commission hereby finds that this resolution is in the best interests
of the public health, safety, and welfare of the citizens of Winter Springs, Florida.
NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of
Winter Springs, Florida as follows:
SECTION I. Establishment Of A Charter Review Committee; Meetings.
(a) The City Commission hereby establishes a temporary ad hoc committee for
purposes of conducting a comprehensive review of the City Charter in accordance with the terms
and conditions of this Resolution. The committee shall be called the "Winter Springs Ad Hoc
Charter Review Committee." (Charter Review Committee). The Charter Review Committee
shall consist of no more than eleven (11) members, who shall be registered electors of the City of
Winter Springs. The Mayor shall appoint one (1) member at- large, subject to ratification by
majority vote of the City Commission. Each City Commissioner shall appoint two (2) members,
subject to ratification by majority vote of the City Commission. No alternates shall be appointed.
Vacancies shall be filled in the same manner as the original appointment to the extent deemed
necessary by the City Commission. Prior to any appointment being considered final, each
member of the Charter Review Committee shall be required to complete the standard City
Advisory Board and Committee Application. Upon appointment, each member of the Charter
Review Committee shall serve at the pleasure of the City Commission until the Charter Review
Committee's work has been completed and the City Commission has accepted the Committee's
final report. Each member of the Charter Review Committee shall serve without compensation.
(b) Meetings of the Charter Review Committee shall be duly noticed and held public
meetings which shall be open to the public and which shall commence no earlier than 5:00 p.m.
during the workweek. A portion of each meeting will be reserved for taking public input
relevant to issues being considered during the City Charter review process outlined in this
Resolution. The agendas, minutes and a record of the proceedings and decisions of the Charter
Review Committee shall be kept and filed with the City Clerk in the same manner as those kept
and filed for the City Commission.
(c) The first order of business for the Charter Review Committee shall be to elect a
chairperson and vice chairperson. The chairperson shall be responsible for running the meetings.
In the absence of the chairperson, the vice chairperson shall run the meetings. Roberts Rules
City of Winter Spring, Florida
Resolution Number 2010 -04
Page 2 of 5
•
shall serve as guide to running the meetings of the Charter Review Committee to the extent not
in conflict with this Resolution. A majority of the total Committee members appointed shall
constitute a quorum.
(d) The Charter Review Committee shall act by majority vote. However, the Charter
Review Committee may reference and explain in the final report minority opinions/positions
which obtained the vote of at least four (4) members of the Committee.
SECTION IL Charter Committee Responsibilities.
(a) The Charter Review Committee shall conduct a comprehensive review of the
existing City Charter for the primary purpose of: '
(1) The Committee . shall evaluate and make a recommendation on whether the provisions
of the City Charter are substantially consistent with the Model City Charter, r Edition,
published by the National Civic League, and if not, whether the City Charter should be amended
to be substantially consistent with the Model City Charter, 8 Edition or remain the same.
•
(2) The Committee shall evaluate and make recommendations on the following City
Charter provisions specifically identified by the City Commission:
(i) Election and Terms. Section 4.03(a) provides that 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. Particularly, should the time period between the Mayor /Commission
election in November and the commencement of the term of office be eliminated or
shortened? Further, if the time period is not eliminated, should the City Commission's
authority during that time period be restricted or limited in any way?
(ii) Mayor. Section 4.05 provides the Mayor have the power to veto ordinances. Should
the Mayor also have the power to veto certain or all resolutions adopted by the City
Commission?
(iii) City Manager. Section 5.03 (8) requires the City Manager to keep the commission
fully advised as to the financial condition and future needs of the City. Should this
provision be amended to require the City Manager to provide periodic financial reporting
to the City Commission (e.g. quarterly)?
(iv) City Clerk; City Manager; City Attorney (Charter Officers). Sections 4.10; 5.01;
and 6.02 require a super - majority vote of four (4) out of five (5) members of the City
Commission to hire and terminate the City Clerk, City Manager, and City Attorney.
Should these sections be amended to require either a simple majority vote of three (3)
members of the City Commission to hire and terminate the City Clerk, City Manager, and
City Attorney, or alternatively, to require a super- majority vote to hire and a simple
majority to terminate? •
City of Winter Spring. Florida
Resolution Number 2010-04
Page 3 of 5
•
(v) Transfer of Budget Appropriations. Section 7.07(d) provides that the City Manager
may transfer part or all of any unencumbered appropriation balance among programs
within a department, office or agency. Should this section be amended to require that the
City Commission establish guidelines for said transfers?
(3) The Committee shall atso be free to propose any amendments to the City Charter that
are not addressed in subparagraphs (2) and (3) above.
(b) Upon conclusion of its review of the City Charter, the Charter Review Committee
shall prepare and approve a final written report which shall identify all proposed charter
amendments (if any) and the reason for said proposals. The final report shall also include a
recommendation on each of the City Charter provisions specifically identified by the City
Commission in Section II, (2), (i) through (v) of this Resolution. The final report shall be
completed no later than May 30, 2010 unless additional time granted by the City Commission.
(c) The final report of the Charter Review Committee shall be presented to and
reviewed by the City Commission at least once at either a regular City Commission meeting or
workshop specially called for that purpose. The report shall be nonbinding on the City
Commission. If the City Commission determines that any of the proposed amendments in the
report should be submitted to the electorate for a vote, the City Commission shall direct•the City
Attorney to prepare an ordinance for the City Commission's consideration that will call for a
referendum to be held regarding the amendment(s) in accordance with law. The referendum will
be held at the City's next General Election, which is scheduled for November 2, 2010, or as soon
thereafter as possible.
SECTION III. City Attorney
The City Attorney is hereby authorized to serve as the project facilitator for the Charter
Review Process, and shall be responsible for designing and implementing an orderly presentation
and review of the City Charter before the Charter Review Committee in accordance with the
requirements of this Resolution. The City Attorney shall also provide legal guidance to the
Committee, and assist the Committee with coordinating and facilitating the Committee's
meetings and drafting the final report.
SECTION IV. Other Technical Resources.
(a) The City Manager, City Clerk, and Department Heads shall also serve as technical
advisers to the Charter Review Committee, and shall assist in drafting the final report.
(b) The City Clerk shall provide administrative assistance to the Charter Review
Committee and shall be responsible for noticing meetings, preparing minutes, and archiving all
public records.
SECTION V. This Resolution shall take effect immediately upon its final passage and
adoption by the City Commission.
City of Winter Spring, Florida
Resolution Number 2010-04
Page of
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Special
Meeting duly assembled on the 25 day of January, 2010.
•
-
In witness whereof, I have • here tint -sixt: my hand and
caused this seal to be affixed.
. -
J ( 1 F. BUSH, Mayor _ _ - .
ATTEST:
LORENZO - LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs, Florida only:
ANTHONY A. GARGANESE, City Attorney
•
City of Winter Sprig. Florida
Resolution Number 2010-04
Page 5of5