HomeMy WebLinkAbout2010 03 04 WSAHCRC Agenda ` � l t -1TER S
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TELEPHONE: (407) 327 -1800
FACSIMILE: (407) 327 -4753
WEBSITE: www.winterspringsfl.org
AGENDA
CITY OF WINTER SPRINGS, FLORIDA
WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING
THURSDAY, MARCH 4, 2010 — 7:00 P.M.
CITY HALL — COMMISSION CHAMBERS
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
.'• ❖ NOTE: IT IS NOT UNCOMMON THAT THERE MAY BE CHANGES TO
THIS AGENDA, INCLUDING ADDITIONAL INFORMATION TO BE PROVIDED
TO THE WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE. •.s ❖
PLEASE SILENCE CELLULAR TELEPHONES
AND /OR PAGERS DURING THE MEETING
I. CALL TO ORDER
A. Roll Call
B. Invocation
C. Pledge Of Allegiance
D. Agenda Changes
II. CONSENT AGENDA
CONSENT
Office Of The City Clerk
Requesting Approval Of The February 25, 2010 Meeting Minutes.
CITY OF WINTER SPRINGS, FLORIDA
AGENDA
WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING - MARCH 4, 2010
PAGE 2 OF 4
III. GENERAL PUBLIC INPUT
A twenty (20) minute period of time at the beginning and end of each Committee
meeting will be reserved for any resident of Winter Springs to provide verbal and
written comments regarding the City Charter review proceedings being conducted
by the Charter Review Committee. Each person desiring to speak will be given
three (3) minutes to speak. If a person demonstrates that they are speaking on
behalf of group or a homeowner's association, the person will be afforded five (5)
minutes to speak. The Charter Review Committee shall have the discretion to
extend the time periods set forth in this notice upon good cause shown. All
speakers will be required to fill out a public input form identifying their name and
address and other contact information so the City clearly identifies the speaker for
the official record and has contact information in the event that the City must
follow -up with the speaker after the meeting. All public comments must be
relevant to the task that has been assigned to the Charter Review Committee
pursuant to Resolution 2010 -04. Irrelevant and repetitive comments will not be
allowed. All speaker comments must be directed to the Chair. Personal attacks,
threats, and disruptive conduct will not be permitted. General public input time is
not intended to be a time period for speakers to reiterate what they have
previously said elsewhere on the agenda at the current meeting.
IV. OLD BUSINESS
Discuss Composition Of City Commission And Related Role Of The Mayor;
And/Or Any Other Discussion Items Suggested By The Winter Springs Ad Hoc
Charter Review Committee.
V. NEW BUSINESS
Review Of Articles I. Through XIII., City Charter And/Or Any Other Discussion
Items Suggested By The Winter Springs Ad Hoc Charter Review Committee.
VI. GENERAL PUBLIC INPUT
VII. ADJOURNMENT
NEXT MEETING: Thursday, March 18, 2010 - 7:00 P.M.
CITY OF WINTER SPRINGS, FLORIDA
AGENDA
WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING - MARCH 4, 2010
PAGE 3 OF 4
# PUBLIC NOTICE #
This is a Public Meeting, and the public is invited to attend. .
This Agenda is subject to change.
Please be advised that one (1) or more Members of the City Commission, the Mayor or
any of the City's Advisory Boards and Committees may be in attendance at this Meeting,
and may participate in discussions.
Persons with disabilities needing assistance to participate in any of these proceedings
should contact the City of Winter Springs at (407) 327 -1800 "at least 48 hours prior to
the meeting, a written request by a physically handicapped person to attend the meeting,
directed to the chairperson or director of such board, commission, agency, or authority" -
per Section 286.26 Florida Statutes.
"If a person decides to appeal any decision made by the board, agency, or commission
with respect to any matter considered at such meeting or hearing, he or she will need a
record of the proceedings, and that, for such purpose, he or she may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based" - per Section 286.0105 Florida Statutes.
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City of Winter Springs
Ad Hoc Charter Review Committee
Comparison Worksheets
Articles I -IV
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Winter Springs City Charter Model City Charter, 8th Edition
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 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 exists or as
it may be renumbered or amended.
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Winter Springs City Charter Model C Ch arter , 8th Edition
ARTICLE III. POWERS OF THE CITY ARTICLE I. POWERS OF THE CITY
Section 3.01. Generally. The city shall have all powers possible for a city to Section 1.01. Powers of the City. The city shall have all powers possible for a
have under the constitution and laws of this State as fully and completely as city to have under the constitution and laws of this state as fully and completely
though they were specifically enumerated in this Charter. as though they were specifically enumerated in this charter.
*Commentary below.
Introduction: A charter should begin by defining the scope of the city's powers. It should address the context in which such powers operate, including
the effect of state law and the desirability of cooperation with other localities.
Commentary. The city should lay claim to all powers it may legally exercise under the state's constitution and laws.
Nevertheless, some cities, particularly smaller ones, may not wish to exercise all available powers. Cities may restrict their own power: (1) by specific
provisions in the appropriate parts of the charter; (2) by ordinance, since the section does not require that all the powers claimed be exercised; or
(3) by inaction —i,e., failure to exercise powers. The powers of the city may also be limited by state or federal court decisions.
This section insures that the city claims the entirety of the grant of authority available to it from the state. Through this means, the charter is restricted
from embracing less in its terms than the constitutional home rule grant allows or from containing an inadvertent omission or ambiguity that could open the
door to restrictive judicial interpretation. This is the most that the charter can do as the extent of the powers available to the city will depend on the state's
constitution and statutes and judicial decisions.
The general powers provision of a charter must be tailored to the law of each state. The courts of some states do not give effect to a charter statement of powers
expressed in general terms. Instead, they require that the charter enumerate all of the powers claimed. The words "as fully and completely as though they
were specifically enumerated in this charter," at the end of § 1.01, cannot be used in a charter in a state that requires the enumeration of powers.
Charter drafters should carefully study their state's law on local government powers before using this Model provision. To reduce the likelihood of restrictive
judicial interpretation, a section like § 1.02 below should accompany this section. Questions of restrictive court interpretation aside, and assuming that a state's
law does not require an enumeration, this section may be utilized effectively under any of the existing types of home rule grant, as well as that of the Model State
Constitution (6th Edition, 1968) published by the National Municipal League. It may be used regardless of whether the home rule grant appears in a
constitution, optional charter law, or other general enabling act.
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Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE I. POWERS OF THE CITY
Section 1.02. Construction. The powers of the city under this charter shall
be construed liberally in favor of the city, and the specific mention of
particular powers in the charter shall not be construed as limiting in any
way the general power granted in this article.
Section 1.03. Intergovernmental Relations. The city may participate by
contract or otherwise with any governmental entity of this state or any other
state or states or the United States in the performance of any activity which
one dr more of such entities has the authority to undertake.
*Commentary Below
Section 1.02. Construction.
Commentary: The powers of the city under this charter shall be construed liberally in favor of the city. and the specific mention of particular powers in the
charter shall not be construed as limiting in any way the general power granted in this article.
Section 1.03. Intergovernmental Relations.
Commentary: This section empowers the city to participate in intergovernmental relationships - to receive assistance from the federal, state, and other local
governments, to be represented in regional agencies established under federal or state law or intergovernmental agreements, and to perform jointly with any other
governmental jurisdiction any function which any of the participating jurisdictions may perform alone.
The nature of intergovernmental relations is rapidly changing. Most cities are an integral part of a region. In that regard, engaging in cooperative intergovernmental
relations is fundamental to the effective functioning of a city and the region of which it is a part. Although the purpose of engaging
in intergovernmental relations is primarily to further the ends of the city, the health of the region should also be of concern to the city. Superior state statutes (such as a
general powers provision), which cannot be altered by a charter provision, may govern an intergovernmental relations provision. States may enact these on an ad hoc
basis, each dealing with a particular project, program, or regional or metropolitan agency. With intergovernmental agreements becoming more common., states may have
general intergovernmental authorizing statutes or constitutional provisions. For example, New Hampshire state law provides:
4
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N.H.R.S. Title 3, Chapter 53 -A.•1 Agreements between government units.
Purpose. - It is the purpose of this chapter to permit municipalities and counties to make the
most efficient use of their powers by enabling them to cooperate with other municipalities
and counties on a basis of mutual advantage and thereby to provide services and facilities in
a manner and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and development
of local communities.
If states have neither specific nor general authorization, charter drafters should look for court opinions on intergovernmental agreements in the state. Courts may
provide guidance on the extent of a city's power to cooperate with other governments in the absence of enabling state legislation.
Specific legislation on intergovernmental agreements often involves political questions and considerations of state constitutional and statutory limitations on cities'
financial and borrowing powers. In joint federal - municipal projects involving substantial sums, state legislative control over municipal powers, coupled with restrictive
judicial doctrines, may require specific state legislative approval.
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Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY ARTICLE II. CITY COUNCIL
Section 4.01. Composition; qualification of members; and commission districts. Section 2.02. Eligibility, Terms, and Composition.
(a) Composition. There shall be a governing body composed of the mayor and five (5) (a) Eligibility. Only registered voters of the city shall be
commission members elected by the voters of the city as provided in this Charter for a term of eligible to hold the office of council member or mayor.
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 Commentary. This section does not include length of
such terms shall not exceed four (4) years. Not more than one (1) commission member shall reside in residence requirements for city council candidates. In an
each of the five (5) commission districts provided for in Section 4.02 (a) of this Charter. The mayor era of great mobility in which people frequently live in one
shall be elected at large and may reside anywhere within the city. place and work in another, length of residence requirements
ibili qualified voters of the city shall be eligible to hold the office of mayor or lose what little validity they may once have had. A
(b) Eligibility. �' Onl y q ty g y prospective council member need only be a registered voter
commissioner. Qualifications for candidates for the offices of mayor and city commissioner are as of the city.
set out in Section 2 -87, Code of the City of Winter Springs, Florida, as maybe amended from time to
time. (b) Terms. The term of office of elected officials shall be
Section 4.03. Election and terms. four years elected in accordance with Article VI.
(a) The regular election of mayor and commissioners shall be held at the time provided for in Commentary. The Model recommends four -year,
Section 8.01 of this Charter. All elections shall be for four -year terms of office. The terms of staggered terms (§ 6.03). Under this approach, elections of
the mayor and commissioner shall begin the first Monday after the first day of December of council members take place every two years. In the seventh
each year an election is held. edition, the Model listed concurrent terms as an alternative.
(b) City commission seats are hereby designated as seats one, two, three, four and five. However, a strong majority of cities today 82.6% of cities
The mayor shall be limited to three (3) consecutive full terms of office. Commission members surveyed according to the 2001 ICMA Form of Government
shall be limited to three (3) consecutive full terms of office. The mayor or any commission Survey have chosen staggered terms over concurrent terms
member who has served three (3) consecutive full terms of office after having been out of office for a to avoid dramatic changes in council composition at each
period of one (1) year, shall be eligible for election to successive three (3) consecutive full terms of election. The Model does not restrict reelection to
office; provided however, this limitation shall not prohibit a person who has served three (3) subsequent four -year terms. Limiting reelection restricts the
consecutive full terms of office as mayor from qualifying and being elected as a commission citizens' opportunity to keep in office council members of
member; nor shall this 'limitation prohibit a person who has served three (3) consecutive full whom they approve. Unlimited terms allow voters to provide
terms of office as a commission member from qualifying and being elected as mayor of the city. a vote of confidence for council members who represent
majority sentiment and a vote of opposition for members in
the minority. Finally, the city benefits from the institutional
memory of reelected council members.
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Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY ARTICLE II. CITY COUNCIL
(continued)
Section 2.02. Eligibility, Terms, and Composition. (Cont.)
Section 4.02. Commission districts;
adjustment of districts. (c) Composition. There shall be a city council composed of [ ] members [see alternatives below].
(a) Number of districts. The city commission of Commentary. The Model does not specify the exact number of council members but recommends that the
the City of Winter Springs, Florida, shall by
separate ordinance divide the city into five council be small - ranging from five to nine members. If the mayor were elected by and from the council
(5)geographical commission districts. ( §2.03(b), Alternative I), there would be an odd number of council members. In the largest cities, a greater
number of council members may be necessary to assure equitable representation. However, smaller city
(b) Districting commission. By the first day of councils are more effective instruments for the development of programs and conduct of municipal business
February, 1991, the first day of February, 1992, than large local legislative bodies. In the United States, it has been an exceptional situation when a large
and every three (3) years thereafter, the city municipal council, broken into many committees handling specific subjects, has been able to discharge its
commission shall appoint seven (7) city electors responsibilities promptly and effectively. In large councils, members usually represent relatively small
determined from the registration of the last districts with the frequent result that parochialism and "log- rolling " — bargaining for and exchanging votes on
regular election, one (1) to be appointed by a quid pro quo basis distract attention from the problems of the whole city.
each commissioner from his /her respective district,
and two (2) appointed by the mayor from the In determining the size of the council, charter drafters should consider the diversity of population elements to be
city at large, who shall comprise the districting represented and the size of the city.
commission. Electors chosen shall not be employed
by the city in any other capacity. The initial Alternative I - Option A - Council Elected At Large; Mayor Elected by the Council.
districting commission, creating and
establishing the first commission districts, shall The council shall be composed of [odd number] members elected by the voters of the city at large in
be appointed by each commissioner and the accordance with provisions of Article VI. The mayor shall be elected as provided in §2.03(b), Alternative 1.
mayor from the city at large.
Alternative I - Option B - Council Elected At Large; Mayor Elected Separately.
(c) Report; specifications. The districting
commission shall file with the official designated The council shall be composed of [even number] members elected by the voters of the city at large in
by the city commission a report containing a accordance with provisions of Article VI. The mayor shall be elected as provided in §2.03(b), Alternative II.
recommended plan for establishment or
adjustment of the commission district Commentary. The Model continues to stress the value of the at -large principle in designing the
boundaries. The initial districting commission, composition of a city council, while recognizing the necessity of providing for representation of
creating and establishing the first commission geographical areas under certain circumstances. In considering the appropriateness of using the at -large
districts, shall file such report within ninety (90) system, each city must assess its own situation. The at -large system has generally allowed citizens to choose
days of appointment. Thereafter, such reports council members best qualified to represent the interests of the city as a whole. Nevertheless, in larger cities,
shall be filed within one hundred twenty (120) citizens may feel isolated from and unconnected to their government without some geographical basis of
days of appointment to the districting representation. Cities with significant differences in or conflicts among ethnic, racial, or economic groups may
commission. The commission district
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boundaries shall comply with the following wish to consider whether one of the alternative systems may achieve more equitable representation of the
specifications: city's population and avoid legal challenges under the Voting Rights Act without sacrificing council
effectiveness.
(1) Each district shall be formed of
compact, contiguous territory, and its Alternative II - Option A- Council Elected At Large with District Residency Requirement; Mayor
boundary lines shall follow the center Elected by the Council
lines of streets insofar as practical or
possible, or other boundaries available. The council shall be composed of [odd number] members elected by the voters of the city at large in accordance
(2) The districts shall be based upon with provisions of Article VI. Not more than one council member shall reside in each district. The mayor
the principle of equal and effective . shall be elected as provided in § 2.03(b), Alternative I.
representation as required by the
United States Constitution and as Alternative II - Option B - Council Elected At Large with District Residency Requirement; Mayor
represented in the mathematical Elected Separately
preciseness reached in the legislative
apportionment of the state. The council shall be composed of [even number] members elected by the voters of the city at large in accordance
(3) The report shall include a map and with provisions of Article VI. Not more than one council member shall reside in each district. The mayor
description of the districts shall be elected as provided in § 2.03(b), Alternative II.
recommended and shall be drafted as
a proposed ordinance. Once filed Commentary. A complaint frequently lodged against the all at-large council system is that a majority of
with the designated official, the report y ' p q y g g g y y
shall be treated as an ordinance the council may live in the same area of the city. This may give rise to questions concerning the equitable
introduced by a commissioner. distribution of services with allegations that particular sections receive partial treatment. This objection can be
met while still maintaining a council elected at -large by establishing districts of equal population and requiring
(d) Support. It shall be the responsibility of the that one council member reside in each district.
city manager to provide staff assistance and
technical data to the districting commission. Although this alternative builds geographical representation into an at -large system, depending upon the local
(e) Procedure. The procedure for the city situation, it may be subject to the same objections under § 2 and § 5 of the Voting Rights Act as Alternative I.
commission's consideration of the report shall be Alternative III - Option A - Mixed At -Large and Single Member District System; Mayor Elected by the
the same as for other ordinances, provided that if Council
a summary of the ordinances is published
pursuant to this Charter and general law, it The council shall be composed of [odd number] of council members elected by the voters of the city at large and
must include both the map and a description of one member from each of the even - numbered council districts elected by the voters of those districts, as
the recommended districts. provided in Article VI. The mayor shall be elected from among the at -large members as provided in §
(f) Failure to enact ordinance. The city 2.03(b), Alternative I [specifying that the mayor is an at -large member].
commission shall adopt the redistricting
ordinance at least one hundred twenty (120) Alternative III - Option B - Mixed At -Large and Single Member District System; Mayor Elected
days before the next city election. If the city Separately
commission fails to either accept or reject the
redistricting ordinance, the report of the The council shall be composed of [even number] members elected by the voters of the city at large and one
8
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t on to
districting commission shall go into effect and member from each of the even - numbered council districts- elected by the voters of those districts, as provided in
have the same effect of an ordinance. The Article VI. The mayor shall be elected as provided in §2.03(b), Alternative II.
proposed redistricting ordinance may not be
rejected for any reason except for failure to Commentary. The mixed system for a council with members elected at large and members elected by and
comply with the specifications listed in section from districts has become increasingly popular since the U.S. Department of Justice approved it as a method
4.02(c) of this Charter or failure to comply with of electing the city council that is compliant with the requirements of the Voting Rights Act. This makes the
other local, state or federal law. mixed method suitable in places where the at -large system has been challenged but where change to a single -
(g) Effect of enactment. The new commission member district is opposed. The mixed system combines the citywide perspective of the at -large council
districts and boundaries as of the date of members with the local concerns and accountability of district council members. It can allow minorities who
enactment shall supersede previous live in concentrated areas to influence or even determine the outcome of elections in their districts. A
commission districts and boundaries for all problem can arise in mixed systems when at -large council members consider their position to be superior to
purposes; provided all incumbent that of district members and are perceived as rivals to the mayor. To prevent this, at -large and district council
commissioners shall continue to hold office members should have equal status with respect to offices, services, and length of terms. Local preference
for the entire term to which elected should decide the ratio of at -large to district members. Opinion ranges from favoring a majority being elected
notwithstanding any change in commission at large to a majority being elected by and from districts. However, for jurisdictions concerned about scrutiny
district and boundaries. by the U.S. Department of Justice or the courts under either § 2 or § 5 of the Voting Rights Act, precedent
shows a clear preference for the majority of the council to be elected by and from districts.
Alternative IV — Single Member District System
The council shall be composed of an even number of members each of whom shall be elected by district by
the voters in that district. The mayor shall be elected in accordance with the provisions of §2.03(b).
Commentary. If communities adopt the district system, the mayor should be elected separately by the voters
of the city at large and not chosen by and from the council. This provides a necessary at -large element in an
otherwise all district system. The growing recognition that membership on councils should represent all
racial and ethnic groups more adequately has spurred increased use of the single- member district system.
With racial minorities concentrated in particular sections of the city, it is easier to elect minority council
members. Also, because district campaigns cost substantially less than citywide campaigns, single- member
districts can open the way for greater diversity among candidates. Citizens feel closer to district elected council
members, whom they can hold responsible for addressing their community concerns. In cities where courts have
found that the at -large method of electing the city council violates the Voting Rights Act, the Justice Department
has regularly approved the single - member district system as a replacement.
The single- member system has drawbacks. An inherent problem is the danger that district elected members
will subordinate citywide concerns to parochial problems. Single- member systems also have potential for the
classic problem of "log- rolling" or vote swapping. Whenever districts are used, the drawing of district lines to
provide "fair and equal" districts is of utmost importance and may involve litigation. Section 6.03 provides
districting procedures and criteria designed to prevent, gerrymandering and unequal districts, which are
unconstitutional under the one person, one vote doctrine.
9
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Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.04. Compensation; expenses. The city commission may determine Section 2.04. Compensation; Expenses. The city council may determine the
the annual salary of mayor and commissioners by ordinance, but no ordinance annual salary of the mayor and council members by ordinance, but no
increasing such salary shall become effective until the date of commencement of ordinance increasing such salary shall become effective until the date of
the terms of mayor and commissioners elected at the nest regular election, commencement of the terms of council members elected at the next regular
provided that such election follows the adoption of such ordinance by at least election. The mayor and council members shall receive their actual and
sis (6) months. The mayor and each commissioner of the city shall be necessary expenses incurred in the performance of their duties of office.
reimbursed from the city treasury to cover the expenditures naturally and
necessarily incurred in the performance of their duties of office and said *See Commentary below.
reimbursement for expenses shall be established by resolution.
Commentary. Under the Model, council members are part-time officials and do not direct city departments. Council salary level depends on a variety of factors
specific to each community, including the part-time nature of the position and the emphasis on policy - making rather than administration. The city should reimburse
council members for expenses incurred hi performing their duties, e.g., travel to the state capital to testify on behalf of the city. The Model rejects the setting of the
actual amount of compensation in the charter except for the salary of the first council after the charter goes into effect, (see § 9.05(f)). The delay in the effective date of
any salary increases provides ample protection. The city should provide extra compensation for the mayor because, in addition to regular responsibilities as a
council member, the mayor has intergovernmental, ceremonial, and city- related promotional responsibilities.
10
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Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.06. General powers and duties. All powers of the city shall be Section 2.01. General Powers and Duties. All powers of the city shall be
vested in the commission, except as otherwise provided by law or this Charter, vested in the city council, except as otherwise provided by law or this charter,
and the commission shall provide for the exercise thereof and for the performance and the council shall provide for the exercise thereof and for the performance
of all duties and obligations imposed on the city by law. of all duties and obligations imposed on the city by law.
*See Commentary below.
Introduction. The city council, elected by, representative of, and responsible to the citizens of the city is the fundamental democratic element of the council -
manager plan.
Commentary. This section does not specifically enumerate the powers of the council. An enumeration of specific powers in this article will not enlarge the powers
of the council and may operate to diminish them if utilized by the courts to support restrictive interpretations (see commentary to § 1.02).
In his commentary on the first Model City Charter endorsing the council - manager plan ( "The City Council" in The New Municipal Program, 1919), William Bennet
Munro noted that:
So far as the composition and powers of the city council are concerned the plan set forth in the Model City Charter rests
upon the conviction that there should be a place in the municipal framework for a body which will be avowedly
deliberative, supervisory, and policy - determining, which will be wieldy enough to perform these functions properly and
yet large enough to be truly representative of the community's options....The Model City Charter accordingly provides for
a council with a membership which can be enlarged or contracted according to the varying size and needs of different
cities. This council is to be the pivot of the municipal system. It is to be the final source of local authority, not sharing its
powers but delegating some of them. That is to say, to a city manager chosen by the council and holding- office
during the council's pleasure, it assigns the entire charge of administrative affairs. As for the powers of the city council.
It is designed to embody as it were, the sovereignty of the community. It is the legislative organ of the city exercising all the
authority which the municipal corporation possesses —with one important exception only. This restriction is that the city
council, once it selects a city manager, devolves all direct administrative authority upon him.
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Recognizing that all of the powers that can be exercised by the city rest in the popularly elected city council, the charter must provide for a council, which is truly
representative of the community. Therefore, the Model presents several alternatives without expressing an absolute preference for any one, which was done in earlier
editions. Each city's population pattern economic level, racial, geographical, etc. has implication for the method of electing the council to assure equitable
representation. While the Voting Rights Act governs all jurisdictions, in some cities the problem of compliance with its provisions and avoidance of court challenges is
a matter of particular concern Just as there is no absolute model for providing competent and effective legislators, there is no absolute pattern which will assure
equitable representation. As the body charged with making municipal policy, the council can create permanent or ad hoc mechanisms to assist .in that process. For
example, it can create planning and recreation boards or study committees. Likewise it can create agencies with quasi - legislative or quasi-judicial status such as a
human rights commission or a zoning appeals board.
The Model makes no provision for specific instrumentalities designed to provide input at the neighborhood level for policy- making or service delivery evaluation.
Nor does it list as charter agencies any advisory boards and commissions. The council has the power to establish such agencies.
The Model provides that the mayor, however elected, shall be the presiding officer and a voting member of the council and shall perform certain specific duties which
will enhance the mayor's role as policy leader.
12
'° v 01
u a
4 4 p. FLORIDA INC RP = . RATE 1959
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.05. Mayor. At each regular election for the office of mayor, a mayor Section 2.03. Mayor.
shall be elected at large for a term of four (4) years and shall serve until his (a) Powers and Duties. The mayor shall be a voting member of the city
successor is elected and qualified; provided such term of office shall not exceed council and shall attend and preside at meetings of the council, represent the city
four (4) years. The mayor shall preside at meetings of the city commission, in intergovernmental relationships, appoint with the advice and consent of the
represent the city in intergovernmental relationships, present an annual State of council the members of citizen advisory boards and commissions, present an
the City Message, and perform other duties specified by the commission. The annual state of the city message, appoint the members and officers of council
mayor shall be recognized as head of the city government for all ceremonial committees, assign subject to the consent of council agenda items to committees,
purposes and by the governor for purposes of military law, but shall have no and perform other duties specified by the council. The mayor shall be recognized as
administrative duties. The city commission shall elect from among its members head of the city government for all ceremonial purposes and by the governor for
a deputy mayor who shall act as mayor during the absence or disability of the purposes of military law but shall have no administrative duties.
mayor, and if a vacancy occurs, shall become mayor for the remainder of the (b) Election - Alternative 1 - Mayor Elected by the Council. The city
un- expired term of the mayor. The mayor shall not vote except in case of a tie council shall elect from among its members officers of the city who shall have
note of the commission. Within ten (10) days after the adoption of any the titles of mayor and deputy mayor, each of whom shall serve at the pleasure of
ordinance by the city commission, the mayor shall have the power to veto said the council. The deputy mayor shall act as mayor during the absence or disability
ordinance and return it to the commission at the next regular meeting with a of the mayor.
written message. It shall require the affirmative vote of four (4) commission
members to pass the ordinance after the mayor's veto. Alternative ]I - Mayor Elected At Large. At each regular election the voters of
the city shall elect a mayor at large for a term of [the same term as other council
members] years. The council shall elect from among its members a deputy mayor
who shall act as mayor during the absence or disability of the mayor and, if a
vacancy occurs, shall become mayor for the remainder of the unexpired term.
*See Commentary below.
Commentary. (a) The office of mayor in cities having the council- manager form assumes a different character from city to city depending upon local political,
economic, and social conditions. This variation has meant that the office is not well understood, and its potential has too often gone unrecognized. While the
mayor of a council - manager city is not an executive as in the mayor- council form, he or she is uniquely positioned to be the political and policy leader of the city. As
the presiding officer of the council and ceremonial head of the city, the mayor is the most conspicuous official of the city. Freedom from executive responsibilities for
the day -to -day municipal operations allows the mayor to focus attention on major policy issues and important facilitative activities.
The mayor fills three facilitative roles that offer enormous leadership opportunities. First, the mayor may coordinate the activities of other officials by providing liaison
between the city manager and the council, fostering a sense of cohesion among council members, and educating the public about the needs and prospects of the city.
13
�.,
` d 1, FIO .IDA tNLOl(PURAJ.`£; 1�i%
Second, the mayor may facilitate policy guidance through setting goals for the council and advocating the adoption of policies that address the city's problems. Third,
the mayor is an ambassador who promotes the city and represents it in dealing with other governments as well as the public.
The specific responsibilities of the mayor listed in the Model enhance the mayor's leadership position. The traditional responsibility of presiding at council
meetings allows the mayor to set the tone for city government and help the council make decisions. Designation of the mayor as intergovernmental representative
reflects the increased importance of relationships with other local governments as well as with the state and federal governments. Mayoral appointment of boards and
commissions with council advice and consent, and of the membership of council committees, creates the opportunity for purposeful balanced representation and
can be used to forge coalitions and tap into networks of community activity.
Finally, the mayor delivers the state of the city message. When the state of the city message includes the setting out of needs and goals for the city, it should
reflect the thinking of the council and information provided by the staff, as well as the mayor's own priorities. In presenting the state of the city message, the mayor acts
as spokesperson, educator, team leader, goal setter, and policy advocate. To avoid confusion, the time of delivery of the message should be sufficiently distanced from
the presentation of the budget by the manager.
(b) As with mayoral responsibilities, the method of election .of the mayor has implications for office effectiveness. The Model provides two alternative methods for
electing the mayor. A community's choice of election method depends on local reference and tradition and to some extent on the method chosen to elect the council
(see Article VI).
Many communities feel that local policy leadership can best function when a cohesive team of council members chooses its leader as mayor. These cities use
Alternative I, election of the mayor by and from the council, and thus avoid the possibility of conflict between the mayor and the council majority. Such an approach
may be best suited for cities with at -large council elections. In cities with councils elected from districts, council selection of the mayor presents the -mayor with
conflicting roles — district and citywide.
Cities that provide for council selection of the mayor should avoid two practices which diminish the prospect of effective leadership. First is rotation of the office of
mayor among members. This approach may hinder the emergence of a respected leader by preventing any one member from acquiring experience and increasing
competence in the exercise of leadership skills. It can also mean that the true leader of the council is not the mayor, which may create a misperception of
inside dealing and secret manipulation. The second practice is to automatically designate as mayor the council member who receives the largest number of votes. This
awkward approach prevents the council from choosing its leader and does not give voters full knowledge for which office—council member or mayor they were casting
votes."
More than half of the cities operating with the council- manager form use the direct election at -large alternative (Alternative II). Many cities, particularly larger ones,
believe that this method increases the potential for mayoral leadership by giving the mayor a citywide popular support base. This is particularly important when all or
most of the council members are elected from districts. A potential disadvantage of this method is that the mayor may have views that diverge widely from
those of a majority of the council on some important issues.
14
404,T0pt. CITY I, ft IT1� F
p. FLORA DA 1NCORI"'O RA I U 1959
9
tort t9
Whatever the method of election or the strength of the mayor's leadership role, the mayor is preeminently a legislator, a member, and leader of the council; the
mayor is not an executive. However, the office may require some special staff support. Whatever arrangements are made for support either through the city manager
or staff in the mayor's office should be consistent with two premises. First, the mayor should not encroach on the executive responsibilities of the manager.
Second, the mayor and council collectively, as a body, oversee the operations of the city by the manager.
Communities should avoid granting special voting status to the mayor (e.g., vote on council only to make or break a tie). Such power will likely impede rather than
enhance the mayor's capacity to lead. Similarly, giving the mayor veto power in a council - manager city cannot help but confuse his or her role with that of the
executive mayor in a mayor- council city.
No structural arrangement for government will insure effective mayoral leadership. The person who occupies the office must understand the nature of the job —its
possibilities, interdependencies, and limitations —and have the personal inclination, energy, and talent to exercise necessary leadership. Without that, no amount of
structural support will produce a leader. However, the method of selection and the statement of responsibilities provided in the charter should help insure the
selection of a capable person with recognized leadership abilities who will make a significant contribution to the operation of the city.
15
, CITY F
}
, �` FLORIDA. INCORPORAffD 1q%
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.07. Prohibitions; holding other office. Section 2.05, Prohibitions.
(a) Holding other office. Except where authorized by law, neither the mayor (a) Holding Other Office. Except where authorized by law, no council member
nor any commission member shall hold any other elected public office during shall hold any other elected public office during the term for which the member
the term for which the mayor or commission member was elected. Neither the was elected to the council. No council member shall hold any other city office or
mayor nor any commission member shall hold any other city office or city employment during the term for which the member was elected to the council. No
employment with the City of "Winter Springs during the term of office for former council member shall hold any compensated appointive office or
which elected. No former mayor or commission member shall hold any employment with the city until one year after the expiration of the term for
compensated appointive office or employment with the city until one year which the member was elected to the council, unless granted a waiver by the
after the expiration of the term for which the mayor or commission member Board of Ethics.
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 Nothing in this section shall be construed to prohibit the council from selecting
any current or former commission member to represent the city on the any current or former council member to represent the city on the governing
governing board of any regional or other intergovernmental agency, or to board of any regional or other intergovernmental agency.
prohibit any former mayor or commission member from serving as a member
of city advisory boards and commissions. (b) Appointments and Removals. Neither the city council nor any of its members
(b) Appointments and Removals. Neither the mayor nor any commission shall in any manner control or demand the appointment or removal of any
member shall in any manner control or demand the appointment or removal city administrative officer or employee whom the city manager or any
of any city administrative officer or employee whom the city manager or any subordinate of the city manager is empowered to appoint, but the council may
subordinate of the city manager is empowered to appoint, but the commission express its views and fully and freely discuss with the city manager anything
may express its views and fully and freely discuss with the city manager pertaining to appointment and removal of such officers and employees.
anything pertaining to appointment and removal of such officers and (c) Interference with Administration. Except for the purpose of inquiries, and
employees. investigations under § 2.09, the council or its members shall deal with city
(c) Interference with Administration. Except for the purpose of inquires and officers and employees who are subject to the direction and supervision of the
investigations under section 4.11, the mayor and city commission shall not city manager solely through the city manager and neither the council nor its
give orders to city officers and employees who are subject to the direction members shall give orders to any such officer or employee, either publicly or
and supervision of the city manager, either publicly or privately, provided this privately.
prohibition shall not be construed so as to prevent the mayor and commission
members from communicating with the various officers and employees of the *See Commentary below.
city, as in the case of any other citizen of the city.
Commentary. (a) This provision prohibits council members from concurrently holding other elective office, such as state legislator, as occurs in some states. Also
prohibited is holding any other city office or employment during one's council term or for one year after leaving office. These provisions are designed to avoid
conflict of interest situations. The charter is specific, however, that these prohibitions do not restrict any current or former officeholder from service on the
16
�, .ir CITY " t
['LORI A INCUR P Al 19
'. opt l9
boards of regional or other intergovernmental agencies. Such service is particularly valuable in accomplishing the objectives of intergovernmental cooperation.
(b) and (c) The prohibition against interference by council members in the appointment and removal of employees and in the administration of city programs does not
include the broad language of earlier editions of the Model because it was considered too rigid and unrealistic. This provision, while expressing the general policy
of noninterference, does not exclude communication between council members arid the manager on questions of appointment and removal. The manager may seek
advice from the council regarding appointments.
Council members are strictly prohibited from giving orders to city officers or employees. However, the prohibition against interference with administration does not
prevent council members from making inquiries of depaitment heads or employees for the purpose of obtaining information needed by them in the discharge of their
duties including response to constituent requests. Information provided to one council member should be shared with the entire council as warranted. The council and
manager should define the parameters for such requests and establish reasonable boundaries. In some cities, automated information systems make information on
aspects of departmental operations readily available to council members on computer terminals.
17
4 49 :4
t f '
s � t` FLORI DA INCs RPORA I.` I) 195q
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.08. Vacancies; forfeitures of office; filling of vacancies. Section 2.06. Vacancies; Forfeiture of Office; Filling of Vacancies.
(a) Vacancies. The office of the commissioner or mayor shall become (a) Vacancies. The office of a council member shall become vacant upon the
vacant upon his death, resignation, removal from office in any manner member's death, resignation, or removal from office or forfeiture of office in
authorized by law or forfeiture of his office, or in the event no one is elected any manner authorized by law.
to the office of mayor or commission member. (b) Forfeiture of Office. A council member shall forfeit that office if the
(b) Forfeiture of office. A commissioner or mayor shall forfeit his office if he: council member:
(1) Lacks at any time during his term of office any qualifications (1) Fails to meet the residency requirements,
prescribed by this Charter or by law; or (2) Violates any express prohibition of this charter,
(3) Is convicted of a crime involving moral turpitude, or
(2) Knowingly and willfully violates any express prohibition of (4) Fails to attend three consecutive regular meetings of the
this Charter; or council without being excused by the council.
(3) Is convicted of a felony; or (c) Filing of Vacancies. A vacancy in the city council shall be filled for the
(4) Fails to attend three (3) consecutive regular meetings of the remainder of the unexpired term, if any, at the next regular election
commission without being duly excused by the commission. following not less than sixty days upon the occurrence of the vacancy, but the
(c) Filling of vacancies. A vacancy in a commission member's seat shall be council by a majority vote of all its remaining members shall appoint a
filled until the nest regular election to be held for the office of the qualified person to fill the vacancy until the person elected to serve the
commissioner from that seat by a majority vote of all its re- joining members. remainder of the unexpired term takes office, if the council fails to do so
within thirty days following the occurrence of the vacancy, the election
authorities shall call a special election to fill the vacancy, to be held not
sooner than ninety days and not later than 120 days following the occurrence
of the vacancy, and to be otherwise governed by law. Notwithstanding the
requirement in § 2.11(c), if at any time the membership of the council is
reduced to less than, the remaining members may by majority action
appoint additional members to raise the membership to
*See Commentary below.
Commentary. The section specifies the events or conditions, which create a vacancy, the grounds for forfeiture of office, and the manner by which the council shall fill
vacancies. Subsection (b)(3) requires forfeiture of office for crimes involving "moral turpitude." This is a legal standard that in most jurisdictions means the crime -
felony or misdemeanor - violates community standards of morality and involves an element of knowing intent by the perpetrator. Court findings include In re
Flannery, 334 Or. 224 (2002) (misrepresenting address in renewing driver license to obtain valid license to rent a car was not a crime involving moral turpitude); Klontz
v. Ashcroft, 37 Fed. Appx. 259 (9th Cir. 2002) (petty theft and grand theft are both crimes of moral surpitude); Antorietto v. Regents of the University of California,
2002 WL 1265552 (Cal. App. 4 Dist. June 7, 2002) (misuse of university funds and fraudulent diversion of donor funds intended for the university are crimes
that involve moral turpitude). Another approach focuses on felonies, as in Kansas City's charter, which reads: "No member of the council shall, during the term for
18
1"1 'Y OF
J
i...m..r 1-4 'D
INC4,13RP-OR NT/ El) 1954
cm
which he is elected, be found guilty or enter a plea of guilty or nolo contendere to a felony under the laws of the United States or of any state, even if subsequently
followed by. the suspended imposition of the sentence." The council shall temporarily fill vacancies until the next regular election, when the voters will fill such
vacancies for the remainder of the term '(unless that election occurs within sixty days of the vacancy, in which case the candidates would have insufficient time to file).
The provision calls for a special election if the council fails to fill a vacancy within thirty days. This provision should insure that the council will act, but in the event of a
deadlock a special election will resolve the situation. Finally, the section provides for filling vacancies by council action even if the membership falls below the
quorum otherwise required for council action by § 2.1 1(c).
19
410 Trek e
0 CITY or
.O I GS
FLORIDA A. INC R1 0RA1 E U 1 9
Winter Springs City Charter Model City Charter 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.09. Judge of qualifications. The commission shall be the Section 2.07. Judge of Qualifications. The city council shall be the judge of the
judge of the election and qualifications of its members and of the grounds of election and qualifications of its members, and of the grounds for forfeiture of their
forfeiture of their office and for that purpose shall have power to subpoena office. In order to exercise these powers, the council shall have, power to
witnesses, administer oaths and require production of evidence. A member subpoena witnesses, administer oaths and require the production of evidence. A
charged with conduct constituting grounds for forfeiture of his office shall be so member charged with conduct constituting grounds for forfeiture of office shall be
notified by certified mail and shall be entitled to a public hearing on demand, entitled to a public, hearing on demand, and notice of such hearing shall be
and notice of such hearing shall be published in one or more newspapers of a published in one or more newspapers of general circulation in the city at least one
general circulation in the city at least one week in advance of the hearing. week in advance of the hearing.
Decisions made by the commission under this section shall be subject to
review by the courts. *See Commentary below.
Commentary. This section makes council the judge of qualifications for office and of grounds for forfeiture. It provides procedural safeguards to protect a member
charged with conduct constituting grounds for forfeiture. The provision authorizing the council to set additional standards for the conduct of its members empowers
the council to impose on itself the highest possible ethical standards.
20
CITY OF
. aeed I 1 EltS I. GS
FLORIDA INCUR. P II AFL D 1959
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.10. City clerk. Section 2.08. City Clerk. The city council or the city manager shall appoint
(a) The city commission, after receiving a nomination from either the mayor an officer of the city who shall have the title of city clerk. The city clerk shall give
or a commission member (s) shall, by a vote of not less than four (4) notice of council meetings to its members and the public, keep the journal of its
commission members, appoint an officer of the city who shall have the title proceedings and perform such other duties as are assigned by this charter or by the
of city clerk. The city clerk shall give notice of commission meetings to its council or by state law.
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. *See Commentary below.
(b) The city clerk may be removed by a vote of not less than four (4)
commission members.
Commentary. See §§ 2.15 and 2.16 for other duties assigned to the city clerk. In a number of states, certain statutory duties may be assigned to the city clerk,
even in cities operating with their own charters.
21
of
�k. -.. '
` N �. IL OkIDA. INC ORi' ItA I ED i959
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.11. Investigations. The commission may make investigations into Section 2.09. Investigations. The city council may make investigations into
the affairs of the city and the conduct of any city department, office or agency the affairs of the city and the conduct of any city department, office, or
and for this purpose may subpoena witnesses, administer oaths, take testimony agency and for this purpose may subpoena witnesses, administer oaths,
and require the production of evidence. Any person who fails or refuses to obey take testimony, and require the production of evidence. Failure or refusal to
a lawful order issued in the exercise of these powers by the commission shall be obey a lawful order issued in the exercise of these powers by the council
guilty of a misdemeanor and punishable by a fine of not more than five shall be a misdemeanor punishable by a fine of not more than $ , or by
hundred dollars ($500.00) or by imprisonment for not more than ninety (90) imprisonment for not more than or both.
days or both.
*See Commentary below.
Commentary. This section gives the council, but not the manager, the power to make investigations. The manager has the power to appoint, remove, and suspend
officers, but it is inappropriate for the manager to have the power to subpoena witnesses and compel production of evidence.
22
I. OF
_
ore ;t t LORI A INCOIWOR III) 1959
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.12. Independent audits. The commission shall provide for an Section 2.10. Independent Audit. The city council shall provide for an
independent audit of all city accounts and may provide for such more frequent independent annual audit of all city accounts and may provide for more frequent
audits as it deems necessary. Such audits shall be made by a certified public audits as it deems necessary. Such audits shall be carried out in accordance with
accountant or firm of accountants who have no personal interest, direct or § 5.12.
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 *See Commentary below.
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.
Commentary. The necessity for annual independent audits of the city's financial affairs has long been accepted. This section authorizes and charges the council to
conduct them.
23
4 0
CI TY OF
4 .47: 1 i PS IGS
•
„� 1 ORIDA INCORP R.I.
, l�.ii 1M5'
'Aoral�
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.13. Procedure. Section 2.11. Procedure.
(a) Meetings. The commission shall meet regularly at least once every month, (a) Meetings. The council shall meet regularly at least once in every month at
at such times and places as the commission may prescribe rule. Special such times and places as the council may prescribe by rule. Special meetings
meetings shall be held on the call of the mayor or three (3) or more members may be held on the call of the mayor or ofor more members and, whenever
and whenever practicable, upon no less than twelve (12) hours' notice to each practicable, upon no less than twelve hours' notice to each member. Except as
member. All meetings shall be public. allowed by state law, all meetings shall be public; however, the council may
recess for the purpose of discussing in a closed or executive session limited
(b) Rules and journal. The commission shall determine its own rules and order to its own membership any matter which would tend to defame or prejudice the
of business and shall provide for keeping a journal of its proceedings. This character or reputation of any person, if the general subject matter for
journal shall be a public record. consideration is expressed in the motion calling for such session and final
action on such motion is not taken by the council until the matter is placed on
(c) Voting. Voting, except on procedural matters, shall be by roll call and the the agenda.
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 (b) Rules and Journal. The city council shall determine its own rules
attendance of absent members in the manner and subject to the penalties and order of business and shall provide for keeping a journal of its
prescribed by the rules of the commission. No action of the commission shall proceedings. This journal shall be a public record.
be valid or binding unless adopted by the affirmative vote of three (3) or more (c) Voting. Voting, except on procedural motions, shall be by roll call and
members of the commission.
the ayes and nays shall be recorded in the journal. Members of the council
shall constitute a quorum, but a smaller number may adjourn from time
to time and may compel the attendance of absent members in the manner
and subject to the penalties prescribed by the rules of the council. No action
of the council, except as otherwise provided in the preceding sentence and
in § 2.06 (c), shall be valid or binding unless adopted by the affirmative
vote of or more members of the council.
*See Commentary below.
Commentary. This section sets forth what are, for the most part, standardized and well accepted procedural rules to govern the official action of the council, The
frequency of meetings can, of course, be suited to the needs of the particular city. The section contains the important, standard protection that meetings must be
public and that a journal of proceedings be kept, as a public record. Most states have open meeting laws which specify the circumstances when closed or executive
sessions may be held; such meetings are sometimes necessary for effective council functioning. This charter and state law contain ample safeguards to assure open
meetings. All council actions require majority vote, except actions to adjourn, to compel attendance of members in the absence of a quorum, and to appoint additional
members if the membership falls below a majority of the total authorized membership as provided in § 2.06(c).
24
0 CITY OF
p.. FLORI , ` ico RPOR 1951
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.14. Actions requiring an ordinance. In addition to other Section 2.12. Action Requiring an Ordinance. In addition to other acts
acts required by law or by specific provisions of this Charter to be done by required by law or by specific provision of this charter to be done by
ordinance, those acts of the city commission shall be done by ordinance ordinance, those acts of the city council shall be by ordinance which:
which: (1) Adopt or amend an administrative code or establish, alter, or abolish
(1) Adopt or amend an administrative code or establish or alter or any city department, office, or agency;
abolish any city department, office or agency; (2) Provide for a fine or other penalty or establish a rule or regulation for
(2) Provide for a fine or other penalty or establish a rule or violation of which a fine or other penalty is imposed;
regulation for violation of which a fine or other penalty is imposed; (3) Levy taxes;
(3) Levy taxes, except as otherwise provided in Article VII with respect (4) Grant, renew, or extend a franchise;
to the property tax levied by the adoption of the budget. (5) Regulate the rate charged for its services by a public utility;
(4) Grant or renew or extend a franchise; (6) Authorize the borrowing of money;
(5) Regulate the rate charged for its services by the public utility, (7) Convey or lease or authorize the conveyance or lease of any lands
except telephone and telegraph companies and public utilities regulated by of the city;
the Florida Public Service Commission; (8) Regulate land use and development;
(6) Convey or lease or authorize the conveyance or lease of any land of (9) Amend or repeal any ordinance previously adopted; or
the city; (10) Adopt, with or without amendment, ordinances proposed under the
(7) Adopt without amendment ordinances proposed under the initiative initiative power.
power; and budget;
(8) Amend or repeal any ordinance previously adopted, except as otherwise Acts other than those referred to in the preceding sentence may be done either
provided in Article IX with respect to repeal of ordinances reconsidered under by ordinance or by resolution.
the referendum power.
*See Commentary below.
Commentary. This section assures that the enumerated types of council action be taken only after compliance with all the procedural safeguards required for passage
of an ordinance by the succeeding sections.
Other subjects requiring an ordinance are not mentioned here because the requirement is specifically stated elsewhere in the charter. These include adoption of codes of
technical regulations (§ 2.15), appropriation and revenue ordinances (§ 5.06), supplemental and emergency appropriations and reduction of appropriations (§ 5.07), and
creation of a charter commission or proposal of charter amendments (§ 8.01).
Council may act via ordinance or resolution on matters other than those enumerated in this section or as required by law or by specific provision in the charter to be by
ordinance. This does not preclude motions relating to matters of council procedure, which may involve even less formality than resolutions.
25
•
6qqq� , ,(.,
re 't" C LORI DA ) N co R P o 14..A I 1.1 1 593
kO
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING BODY (continued) ARTICLE II. CITY COUNCIL
Section 4.15. Ordinances in General. Section 2.13. Ordinances in General.
(a) Form. Every proposed ordinance shal 1 be introduced in (a) Form. Every proposed ordinance shall be introduced in writing and in the form required
writing in the form required for final adoption. No ordinance for final adoption. No ordinance shall contain more than one subject, which shall be clearly
shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The city of hereby ordains
expressed in its title. The enacting clause shall be "The City of ..." Any ordinance which repeals or amends an existing ordinance or part of the city code
"Winter Springs hereby ordains .. " shall set out in full the ordinance, sections or subsections to be repealed or amended, and
(b) Procedure. An ordinance may be introduced by any shall indicate matters to be omitted by enclosing it in brackets or by strikeout type and
member at any regular or special meeting of the commission. shall indicate new matters by underscoring or by italics.
Upon introduction of any ordinance, it shall be read in its
entirety; provided however the said reading may be by title only if (b) Procedure. Any member at any regular or special meeting of the council may
all members of the city commission so vote. All ordinances shall introduce an ordinance. Upon introduction of any ordinance, the city clerk shall
be read twice, the second reading of any ordinance shall be by distribute a copy to each council member and to the city manager, shall file a reasonable
title only and shall follow the first by a minimum, of ten (10) number of its services or authorize the borrowing of money except as provided in §
days; provided however, this requirement may be waived by a 5.07(b). An emergency ordinance shall be introduced in the form and manner prescribed for
unanimous vote of all five (5) members of the commission. All ordinances generally, except that it shall be plainly designated as an emergency ordinance
ordinances shall be posted in the city hall for thirty (30) days and shall contain, after the enacting clause, a declaration stating that an emergency exists
after their first reading. and describing it in clear and specific terms. An emergency ordinance may be adopted
(c) Effective date. Except as otherwise provided in this Charter, with or without amendment or rejected at the meeting at which it is introduced, but the
every adopted ordinance shall become effective at the affirmative vote of at least members shall be required for adoption. After its'
expiration of thirty (30) days after adoption or at any date specified adoption, the ordinance shall be published and printed as prescribed for other adopted
therein. ordinances. It shall become effective upon adoption or at such laterLime as it may specify.
Every emergency ordinance except one made pursuant to § 5.07(b) shall automatically
stand repealed as of the sixty-first day following the date on which it was adopted, but this
shall not prevent re- enactment of the ordinance in the manner specified in this section if
the emergency still exists. An emergency ordinance may also be repealed by adoption of
a repealing ordinance in the same manner specified in this section for adoption of
emergency ordinances
*See Commentary below.
Commentary: To facilitate timely action, the charter permits an extraordinary majority to introduce and adopt such ordinances at the same meeting. Ordinances passed
pursuant to this section may also have an immediate effective date.
26
4,104Tirit. ft CITY OF
tort i9 FLOW! DA, IN C 0 RI'ORAI`l li 959
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE IV. GOVERNING ARTICLE II. CITY COUNCIL
BODY (continued)
Section 2.14. Emergency Ordinances. To meet a public emergency affecting life, health, property or the
public peace, the city council may adopt one or more emergency ordinances, but such ordinances may not levy
taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or
authorize the borrowing of money except as provided in § 5.07(b). An emergency ordinance shall be introduced
in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as am
emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists
and describing it in clear and specific terms. An emergency ordinance may be adopted with or without
amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least members
shall be required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for
other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every
emergency ordinance except one made pursuant to § 5.07(b) shall automatically stand repealed as of the sixty-
first day following the date on which it was adopted, but this shall not prevent re- enactment of the ordinance in
the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed
by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency
ordinances.
Commentary. To facilitate timely action, the charter permits an extraordinary majority to introduce and adopt
such ordinances as the same meeting. Ordinances passed pursuant to this section may also have an immediate
effective date.
Section 2.15. Codes of Technical Regulations. The city council may adopt any standard code of technical
regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an
adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of § 2.13 for distribution and filing of copies of the ordinance shall be construed to include
copies of the code of technical regulations as well as of the adopting ordinance, and
(2) A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be
authenticated and recorded by the city clerk pursuant to §2.16(a).
Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for
purchase at a reasonable price.
*Commentary: This provision permits adoption of standard and often lengthy, detailed, and technical regulations,
such as building and sanitary codes, by an ordinance which simply incorporates and adopts the code by reference.
Publication of the adopting ordinance satisfies publication requirements. The adopting ordinance should indicate the
nature of the code. The council is not required to include all such technical codes in the general city code pursuant to
27
'44. CITY OF
19i9 •
A. FLOR1 DA INCORPORA, 1 I- O 145
Itan
§ 2.15. This approach minimizes burden and expense while at the same time reserving the essential
safeguards of the general ordinance procedure of § 2.12.
Section 4.16. Authentication and Section 2.16. Authentication and Recording; Codification; Printing of Ordinances and Resolutions.
recording; codification. The mayor and the (a) Authentication and Recording. The city clerk shall authenticate by signing and shall record in full in a
city clerk shall authenticate by their properly indexed book kept for the purpose all ordinances and resolutions adopted by the city council.
signatures all ordinances and resolutions (b) Codification. Within three years after adoption of this charter and at least every ten years thereafter, the
adopted by the city commission and the city city council shall provide for the preparation of a general codification of ail city ordinances and resolutions
clerk shall record in full in a properly indexed having the force and effect of law. The general codification shall be adopted by the council by ordinance
book kept for that purposes all such and shall be published, together with this charter and any amendments thereto, pertinent provisions of the
ordinances and resolutions. constitution and other laws of the state of , and such codes of technical regulations and other rules and
regulations as the council may specify. This compilation shall be known and cited officially as the city
code. Copies of the code shall be furnished to city officers, placed in libraries, public offices, and, if
available, in a web site for free public reference and made available for purchase by the public at a reasonable
price fixed by the council.
(c) Printing of Ordinances and Resolutions. The city council shall cause each ordinance and resolution having
the force and effect of law and each amendment to this charter to be printed promptly following its adoption, and
the printed ordinances, resolutions and charter amendments shall be distributed or sold to the public at
reasonable prices as fixed by the council. Following publication of the first city code and at all times
thereafter, the ordinances, resolutions and charter amendments shall be printed in substantially the same style as
the code currently in effect and shall be suitable in form for integration therein. The council shall make such
further arrangements as it deems desirable with respect to reproduction and distribution of any current
changes in or additions to the provisions of the constitution and other laws of the state of , or the
codes of technical regulations and other rules and regulations included in the code.
Commentary: Subsections (a) and (c) of this section state essential procedures for maintaining legally authenticated
records of all ordinances and resolutions and for making them available to the public. The merits of the general
codification provided for in subsection (b) speak for themselves. The Model provides for inclusion of pertinent
parts of the constitution and state statutes, thus envisioning a city code to which people may turn for all state and
local legislation governing the city. This contrasts to "the situation still existing in many cities where much of this
legislation, particularly state laws of limited application, are nowhere collected and are often out of print,
unavailable, or difficult to find.
28
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32
1
0 CrrY OF
_ WI R SPRINGS
� RpoRATED 190 t
�
City of Winter Springs
Ad Hoc Charter Review Committee
•
Comparison Worksheets
Articles V -VI
1
y 4 CITY O
se
' H SPRINGS
• •
A. opt ta FLORIDA INCORPORATED 1959
4. , Winter °S rin s City Charter "' Model City Charter, 8th Edition
ARTICLE V. CITY MANAGER ARTICLE III. CITY MANAGER
Section 5.01. Appointment; qualifications, compensation. The city commission, by Section 3.01. Appointment; Qualifications; Compensation. The
the affirmative vote of not less than four (4) commission members, shall appoint a city city council by a majority vote of its total membership shall appoint a
manager and fix the manager's compensation. The city manager shall be appointed city manager for an indefinite term and fix the manager's
solely on the basis of executive and administrative qualifications and shall serve at the compensation. The city manager shall be appointed solely on the
pleasure of the commission. basis of education and experience in the accepted competencies and
practices of local government management. The manager need not be
a resident of the city or state at the time of appointment, but may
reside outside the city while in office only with the approval of the
council.
Introduction: In the council- manager plan, the city manager is continuously responsible to the council, the elected representatives of the people.
Commentary. Six of the twelve items in the Code of Ethics established by the International City /County Management Association (ICMA) for members 1
of the city management profession refer to the manager's relationships to the popularly elected officials:
Be dedicated to the concepts of effective and democratic local government by responsible elected officials and believe that professional general
management is essential to the achievement of this objective. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in
order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public. Submit policy proposals to
elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement
municipal policies adopted by elected officials.
Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution
rests with members [of ICMA, i.e., city managers]. Refrain from all political activities, which undermine public confidence in professional administrators.
Refrain from participation in the election of the members of the employing legislative body
[including the mayor].
Keep the community informed on local government affairs; encourage communication between citizens and all local government officers; emphasize
friendly and courteous service to the public; and seek to improve the quality and image of public service.
(The ICMA Code of Ethics can be found online at www.icma.org. The other items in the code refer to the manager's personal and professional beliefs and conduct.)
2
0 CITY OF
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As a professional administrator, the - manager must be trained and experienced in the effective management of public service delivery. The manager must
use this expertise to efficiently and effectively execute the policies adopted by the elected city council. Furthermore, the manager's breadth of
knowledge and experience in the increasingly complex areas of local government operations obligates him or her to assist the elected council in the policy -
making process. The policy role of managers has been central to the definition of the manager's position from the beginning and continues to be readily
acknowledged.
Appointment of the manager by majority vote of the entire membership of the council, not simply a majority of a quorum, assures undisputed support for the
appointee. Appointment "for an indefinite term" discourages contracting for a specified term or an arrangement that reduces the discretion of the council to remove a
manager.
The requirement that the manager be "appointed solely on the basis of education and experience the accepted competencies and practices of local
public management" was added to the eighth edition to stress the basic principle of the council- manager form that the manager is a qualified
professional executive. The precise level of education and experience required for the manager will vary from one municipality to the other,
depending on such factors as size of population and finances.
A useful guideline for the minimum qualifications for a city manager would be:
A master's degree with a concentration in public administration, public affairs or public policy and two years' experience
in an appointed managerial or administrative position in a local government or a bachelor's degree and 5 years of such
experience (for more information see ICMA's voluntary credentialing program at www. icma.org).
While it is preferable for a manager to live in the community during employment, the Model does not require it. This flexible approach allows communities to attract
and retain the most qualified individuals and accommodates the problem of housing availability and cost. It also enables two or more communities to employ a single
manager.
Increasingly, appointment of the manager involves an employment agreement between the municipality and the manager. These agreements can cover all aspects
of the manager's job, including salary, other forms of compensation, duties, performance standards, evaluation, and severance procedures. Employment agreements
provide mutual protection for the manager and the local government. However, they are not tenure agreements and do not impede the council's power to remove the
manager. A model employment agreement can be found at http: / /icma.org/documents/icma _model employee agieement.doc.
3
4 s. CITY OF
t ` I wiNTER R
FLORIDA INCORPORAI ED 1959
koR to
Winter Springs City Charter Model City Charter, 8th Edition
ARTICLE V. CITY MANAGER ARTICLE III. CITY MANAGER
Section 5.02. Removal. The commission may remove the city manager by a Section 3.02. Removal. If the city manager declines to resign at the request of
motion of the commission requiring not less than four (4) affirmative votes of the city council, the city council may suspend the manager by a resolution
its members. approved by the majority of the total membership of the city council. Such
resolution shall set forth the reasons for suspension and proposed removal. A
copy of such resolution shall be served immediately upon the city manager.
The city manager shall have fifteen days in which to reply thereto in writing, and
upon request, shall be afforded a public hearing, which shall occur not earlier than
ten days nor later than fifteen days after such hearing is requested. After the public
hearing, if one is requested, and after full consideration, the city council by a
majority vote of its total membership may adopt a final resolution of removal. The
city manager shall continue to receive full salary until the effective date of a final
resolution of removal.
*Commentary Below i
Commentary: This section provides an orderly removal procedure when a manager declines to resign at the request of the council. This section does not protect
the city manager's tenure. However, it assures that any unjust charges will come to light and be answered, by providing for presentation to the manager of a statement
of reasons for removal in the preliminary resolution and the opportunity for the manager to be heard if he or she so requests. As an additional protection, this section
requires a vote of a majority of all the members to pass a removal resolution, thereby preventing a minority from acting as the majority in a quorum. The council may
delay the effective date of the final removal resolution in order to provide for termination pay. When an employment agreement exists between the city and the city
manager, termination pay should be covered in that agreement.
4
ir
INN CITY OF
v!
ARTICLE V. CITY MANAGER ARTICLE III. CITY MANAGER
Section 5.03. Powers and duties of the City Manager. The city manager Section 3.04. Powers and Duties of the City Manager. The city manager
shall be the chief administrative officer of the city. He shall be responsible to shall be the chief executive officer of the city, responsible to the council for
the commission for the administration of all city affairs placed in his charge the management of all city affairs placed in the manager's charge by or
by or under this Charter. He shall have the following powers and duties: under this charter. The city manager shall:
(1) He shall appoint and when he deems it necessary for the good of the (1) Appoint and suspend or remove all city employees and
service, suspend or remove all city employees and appoint administrative appointive administrative officers provided for by or under this
officers provided for, by or under this Charter except as otherwise charter, except as otherwise provided by law, this charter or personnel
provided by law, this Charter, or personnel rules adopted pursuant to this rules adopted pursuant to this charter. The city manager may authorize any
Charter. He may authorize any administrative officer who is subject to his administrative officer subject to the manager's direction and supervision to
direction and supervision to exercise these powers with respect to exercise these powers with respect to subordinates in that officer's department,
subordinates in that officer's department, office or agency. office or agency;
(2) He shall direct and supervise the administration of all departments, (2) Direct and supervise the administration of all departments,
officers and agencies of the city except as otherwise provided by this Charter offices and agencies of the city, except as otherwise provided by this charter
or by law. or by law;
(3) He shall attend all commission meetings and shall have the right to (3) Attend all city council meetings. The city manager shall have the right to
take part in discussions but may not vote. take part in discussion but shall not vote;
(4) He shall see that all laws, provisions of this Charter and acts of the (4) See that all laws, provisions of this charter and acts of the city
commission subject to enforcement by him or by officers subject to his council, subject to enforcement by the city manager or by officers
direction and supervision are faithfully executed. subject to the manager's direction and supervision, are faithfully executed;
(5) He shall prepare and submit the annual budget and capital program to (5) Prepare and submit the annual budget and capital program to the
the commission. city council, and implement the final budget approved by council to
achieve the goals of the city;
(6) He shall submit to the commission and make available to the public a
complete report on the finances and administrative activities of the city at the (6) Submit to the city council and make available to the public a complete
end of each fiscal year. report on the finances and administrative activities of the city as of the end of
each fiscal year;
(7) He shall make such other reports as the commission may require
concerning the operations of city departments, officers and agencies subject (7) Make such other reports as the city council may require
to his direction and supervision. concerning operations;
5
.46% CITY OF
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(8) He shall keep the commission fully advised as to the financial (8) Keep the city council fully advised as to the financial condition and
condition and future needs of the city and make such recommendations to future needs of the city;
the commission concerning the affairs of the city as he deems desirable.
(9) Make recommendations to the city council concerning the affairs of
(9) He shall perform such other duties as are specified in this Charter or the city and facilitate the work of the city council in developing policy;
may be required by the commission. i
(10) Provide staff support services for the mayor and council members;
(11) Assist the council to develop long term goals for the city and
strategies to implement these goals;
'
(12) Encourage and provide staff support for regional and
intergovernmental cooperation;
• (13) Promote partnerships among council, staff, and citizens in developing
public policy and building a sense of community; and '
(14) Perform such other duties as are specified in this charter or may be
required by the city council.
•
*Commentary Below ,
Commentary Although this section equips the manager with the necessary legal authority to discharge administrative responsibilities, the manager's authority may be limited in
som states by provisions of state constitutions or laws. The listing of the manager's powers and duties assumes that the manager will not only perform managerial duties in the city's
operations but will also have a significant role in the development of policy. There are important policy implications in the manager's duties to prepare and submit the budget; to
report on the city's finances, administrative activities, departmental operations and future needs; and to make recommendations on city aflaus. The duty to provide staff support for
the mayor and council members includes providing information on policy issues before the counciL
The expended duties listed in items 9, 11 and 13 of the eighth edition reflect the complex responsibilities assigned to managers to make the processes of governance work in the
community. Constructions interactions among the local government, businesses, non-profits, faith -based and special interest organizations and neighborhood groups define a
successful community. In a similar manner, the responsibilities anticipated hi item 12 charge the manager with placing each community in the context of its region and promoting
both community can regional interests.
6
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ARTICLE V. CITY MANAGER (continued) ARTICLE III. CITY MANAGER
Section 5.04. Acting City Manager. By letter filed with the city clerk, the Section 3.03. Acting City Manager. By letter filed with the c clerk, the city
city manager shall designate, subject to approval by the commission, a manager shall designate a city officer or employee to exercise and powers and
qualified city officer to exercise the powers an d perform the duties of perform the duties of city manager during the manager's temporary absence or
manager during his temporary absence or disability. During such absence or disability; the city council may revoke such designation at any time and appoint
disability the commission may revoke such designation at an y time and another officer of the city to serve until the city manager returns.
appoint another officer of the city to serve until the manager shall return of
his disability shall cease.
Commentary: To remove doubt as to the identity of the acting city manager, the manager must designate a city officer or employee to serve as acting city
manager during the temporary absence or disability of the manager. The council is free, of course, to replace the acting city manager if it is dissatisfied with
performance. The acting city manager is not entitled to the protection of the removal procedure afforded the manager by § 3.02.
7
CITY OF
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ARTICLE VI. ARTICLE IV. DEPARTMENTS, OFFICES AND AGENCIES
ADMINISTRATIVE
DEPARTMENTS Section 4.01. General Provisions.
Section 6.01. Power of commission to (a) Creation of Departments. The city council may establish departments, offices, or agencies in addition to
establish. The commission may establish those created by this charter and may prescribe the fun ctions of all departments, offices and agencies. No
city departments, officers or agencies in function assigned by this charter to a particular dep office or agency may be discontinued or,
addition to those created by this Charter unless this charter specifically so provides, assigned to any other.
and may prescribe the functions of all (b) Direction by City Manager. All departments, offices, and agencies under the direction and supervision
departments and agencies. of the city manager shall be administered by an officer appointed by and subject to the direction and
supervision of the manager. With the consent of council, the city manager may serve as the head of one
or more such departments, offices, or agencies or may appoint one person as the head of two or more of
them.
*See Commentary below.
Introduction. This Article provides for the creation of the departments, offices, and agencies which perform the day -to-day operations of the city. It provides that the city
manager appoint and supervise department heads. It makes exceptions in the c ase of the city attorney, acknowledging the close relationship of the department of law and the city
council in some cities. Finally, the Article addresses planning, focusing on environmentally sensitive planning that takes the needs of the surro unding region into account
Commentary. This section authorizes the city council to establish city departments, offices, and agencies. It neither enumerates the operating departments
nor details their internal organization. It provides that the manager appoint, direct, and supervise the officer who administers city departments, thus
precluding administration by a board or commission. The number of departments will vary in accordance with local needs as well as the distribution
of functions among units of local government; for example, in some cases, cities or special districts will be responsible for services elsewhere performed by
counties.
An administrative code adopted by the council is the appropriate place for the details of departmental organization and operating rules and
regulations; this allows for change without necessitating a charter amendment. In addition, many aspects of the internal organization of specific departments or
divisions should betoverned by administrative order rather than by council action. In a full service city, operating departments typically will include public
works, parks and recreation, police, fire, health, library, water and other utilities. In large cities, public works may be subdivided into separate departments such as
roads and streets, buildings, and sanitation. State law generally will prescribe the organizational arrangement for housing and urban renewal functions.
The staff departments such as fmance, personnel, planning and law likewise should be covered by the administrative code. To varying degrees, their organization may
depend upon state law. For example, it may not be possible to provide for an integrated finance, department which includes all aspects of finance administration.
Instead it may be necessary to provide for a city assessor and tax collector.
8
reaTe.,,
0 ' CITY OF
h c� , ,, S
' aRif) , FLORIDA INCORPORATED 1959`
Winter Springs City Charter . Model City Charter, 8th Edition
ARTICLE VI. ADMINISTRATIVE DEPARTMENTS ARTICLE IV. DEPARTMENTS, OFFICES AND AGENCIES
Section 6.02. City Attorney. Section 4.03. Legal Officer. Section 4.03. Legal Officer.
(a) Appointment.
(a) The city commission, after receiving a nomination from either the
mayor or a commission member(s) shall, by a vote of not less than four (4) Alternative I - There shall be a legal officer of the city appointed by the city
commission members, appoint an officer of the city who shall have the manager as provided in § 4.01(b).
title of city attorney. The city attorney shall represent the city in all
legal proceedings and shall perform such duties as provided by this Alternative II - There shall be a legal officer of the city appointed by the
Charter, by the commission, or by law. city manager subject to confirmation by the city council.
(b) The city attorney may be removed by a vote of not less than four (4) Alternative III- There shall be a legal officer of the city appointed by the city council.
commission members.
(b) Role. The legal officer shall serve as chief legal adviser to the council, the
manager and all city departments, offices and agencies, shall represent the
city in all legal proceedings and shall perform any other duties prescribed by state
law, by this charter or by ordinance.
*See Commentary below.
Commentary. Every municipality must have either a full -time or part -time legal officer, depending on the size of the city and the volume of legal problems. This
officer normally will head the city's law department. Both the title and the lirecise nature of the legal officer's duties will depend on state law, local practice, and
the organization of the court systems.
Because of the wide variations in local practice and state law, subsection (a) provides three alternatives for who appoints the legal officer. Strong arguments can be made
for Alternatives I and III. Proponents of Alternative I point out that the legal officer, as wide variations in local practice and state law, subsection (a) provides three
alternatives for who appoints a city department head, should have the same relationship to the manager as other department heads. The manager and the manager's
top staff members, including the city attorney, serve as advisors to the council. Alternative II, which requires confirmation by the council, focuses on the special
role of the legal officer as the city's attorney who must provide legal advice to the council and represent the council in legal proceedings. This means
that the legal officer has a different relationship to the council than other department heads. Alternative III is included as an option, though not a preferred one.
Subsection (b) describes the role of the legal officer in advising and representing the city and its offices, departments, and agencies. Some communities allow
the legal officer to represent, in addition to the city, individual officers, and agencies in legal proceedings. For example, the charter of the Town of Avon,
Connecticut, states:
9
0/4 r E
CITY OF
7 "
; ' S G 'i t ' 4 . 0R'T RU "` x''- ��y'rs^ '° 6 r s S l x � a
The Town Attorney shall:
With approval of the Town Council based on criteria determined by said Town Council appear for and protect the rights of iidividual
officers, members of boards, commissions, committees and agencies in all actions, suits or proceedings brought, by or against them. Avon
Town Charter, 6.1.1 (vXb).
Other situations, such as dealing with labor relations or bond issues, may justify retaining outside counsel rather than adding to the city attorney's responsibilities.
Implicit in the council's power to make investigations of the conduct of a city department (§ 2.09) is the power to engage special counsel in the unusual
circumstances in which the council requires independent legal assistance, for example, if the city attorney would otherwise have a conflict of interest
Some cities have proposed creating separate positions of city attorney, one for city council, and one for the city manager or mayor. The eighth edition discourages this
because of the belief that local government should be unitary.
10
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* ' CITY OF
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ARTICLE IV. DEPARTMENTS, OFFICES AND AGENCIES
Section 4.02. Personnel System.
(a) Merit Principle. All appointments and promotions of city officers and employees shall be
made solely on the basis of merit and fitness demonstrated by a valid and reliable
examination or other evidence of competence.
(b) Merit System. Consistent with all applicable federal and state laws the city council shall
provide by ordinance for the establishment, regulation, and maintenance of a merit system
governing personnel policies necessary to effective administration of the employees
of the city's departments, offices and agencies, including but not limited to classification and
pay plans, examinations, force reduction, removals, working conditions, provisional and exempt
appointments, in- service training, grievances and relationships with employee organizations.
*See Commentary below.
Commentary. The personnel provisions are designed to provide a flexible system which will encourage the development of competent staff. As personne
systems are increasingly controlled by state law and are subject to federal regulatory authority, the charter should not impose additional constraints and details affecting
personnel administration. It should, however, strongly state the commitment to the merit principle. The Model states that commitment and calls on the council
to provide, by ordinance, for the organization and procedures of the personnel system. It lists subjects that may be covered by personnel policies. Particularly in smaller
jurisdictions, state law may cover some of these adequately, and their inclusion in the local ordinance could be unnecessary.
11
• r 1 1N "Ii
ONO%
CTrY OF
'' WITSI
d s s` z s � y nY v � ti i o 9p r y s .
b m 8 8 t r ri .
ARTICLE IV. DEPARTMENTS, OFFICES AND AGENCIES
Section 4.04. Land Use, Development, and Environmental Planning. Consistent
with all applicable federal and state laws with respect to land use, development and
' environmental planning, the city council shall:
(1) Designate an agency or agencies to carry out the planning function and such
decision- making responsibilities as may be specified by ordinance;
(2) Adopt a comprehensive plan and determine to what extent zoning and other
land use control ordinances must be consistent with the plan;
(3) Determine to what extent the comprehensive plan and zoning and other land
use ordinances must be consistent with regional plan(s); and
1
(4) . Adopt development regulations, to be specified by ordinance, to implement
the plan.
The designated agency, the city manager, and the mayor and council shall seek to act
cooperation with other jurisdictions and organizations in their region to promote
integrated approaches to regional issues.
*See Commentary below.
Commentary. Regulation of land use and development is a council function and an important aspect of home rule, allowing local governments to manage growth
and enhance quality of life in the community.
However, federal and state laws on land use, development, and environmental protection impose not only regulation but in some cases specific procedures on
local governments. The Model provision provides the needed flexibility for the city to establish workable structures and procedures for exercising the planning
function within the context of constraints imposed by higher levels of government.
Most cities are integral parts of metropolitan and other regions. The planning and development policies of a city have implications beyond its boundaries. The
overall health of a metropolitan region is dependent on some integration of local and regional planning. In addition to establishing appropriate processes and
relevant agencies, a city should seek consistency with regional plans in its planning endeavors.
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