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