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HomeMy WebLinkAbout1987 03 16 Workshop February 23, 1887 From: The Charter Review Committee To: The Winter Springs City Commission The Charter Review Committee was established at a workshop meeting on September 28, 1886 and appointees were notiried subsequently by the City Clerk's memo or the same date. The Committee was directed to have its recommendations in by the end or January, 1887. We now hand you our recommendations ror changes in the charter. The delay in meeting the timetable is regretted but initial conrusion resulting in lack or attendance at committee meetings rorced the delay. We expect you will rind no rundamental changes in our recommendations. What we have done was to consider carerully the views or the Commissioners and Mayor Torcaso as given to us by their separate memos. We also studied and compared the charters or neighboring cities such as Altamonte Springs, Maitland, Winter Park, Casselberry and others. Our recommendations are the results or this study and our own considered opinions. Some or the changes considered by the Committee are the rollowing: * We endeavored to draw a clear line or distinction ror the scope or the City Manager's duties. * We agreed that the Mayor should not have a vote. That would have entailed an increase in the number or commiss- ioners to seven. We believe that rive are adequate ror the City at this time. * We did not recommend districting. We saw no need ror districting at this time. We are aware that districting tends to dilute an overall interest in the welrare or the whole city which we believe should motivate the Commissioners or Winter Springs. * We did not recommend a change in election day. We are extremely doubtrul that a change to Saturday would serve any userul purpose. After all, the voting process in our city takes very little time and voters are accustomed to the present standard voting day. Having a city vote on Saturday would require voters at times to vote on normal election day as well. * We became aware that the present city charter is lean and sparing or words compared to some or the others. but it seems reasonably adequate. The Florida Statutes control in many situations anyway. ".,~ We mentioned di:fFiculties due to committee non-attendance. Two o:f the original appointees attended the :first two meetings only. We suggest that in establishing any :future similar committee there be emphasis on willingness and ability o:f appointees to carry out what they are appointed to do. It would also be greatly help:ful to ensure that membership includes some who are qualiFied to act by a background o:f experience and knowledge in the :field concerned. We close by thanking the City Clerk and the personnel of':fices :for courtesies extended. We are con:fident we could have counted on the cooperation o:f other city emloyees i:f needed. Respect:fully submitted, John Nystrom -I~,~---- .~\tJ~~ L\--'I-a:,~ __)-l-L~_---U ----------- -~_ft~C\~----- I -0. __'fcLl1b:1uL ~~ __ ~1Hi"-~ ~t /J.,~j~ ~ i -------------~------ Lawrence Cerra Elaine Jones ....-.. Ed Magennis Al bert. Becker ,- ,"'~ CITY OF WINTER SPRINGS Charter Review Committee Recommended Changes Section 4.02 QualiFications Add the Following: To be qualiFied, a candidate (1) must have been a resident of the City For one (1) year prior to his written notice of candidacy; (2) have his application endorsed by dt least seventy-Five qualiFied electors of the City; (3) pay a $25 Filing Fee. Section 4.03 Election and terms. (b) Delete. Designating seats without districting seems unnecessar- ily conFusing. The second sentence is outmoded. (c) Change to (b) and revise to read: The said Commissioners shall have staggered terms, three to be elected at one general election and the other two in another. ~- Section 4.04 Compensation; expenses. Sixth line, change "expenditures" to "expenses". The reason For this suggested change is that the Board con- siders "expenses" to be a more meaningFul term. Section 4.05 Mayor. Delete "shall be the chief' executive of'f'icer of' t.he City. " Delete second sentence which reads "Additionally, the mayor shall have the responsiblity of' the administrative duties of' the city manager in the event the city commiss- ion does not appoint a city manager, unless otherwise provided in this charter". Section 4.06 General powers and duties. Add: State Law Ref'erence FS 166.021. Section 4.07 Prohibitions; holding other of'f'ice. Insert af'ter "other" the words "Winter Springs". Section 4.08 Vacancies; rorf'eitures of' of'f'ice; Filling of' vacancies. (b) (4) Change to read "Is absent From three (3) regular meet ings of' the commission within a one-year period un- less such absence is excused by the commission by resolution setting Forth the Fact of' such excuse duly entered upon the commissioners minutes. (c) Change second sentence to read "A vacancy in the commission shall be filled by the commission by majority vote or all its' remaining members until the next regular election. This change is recommended for clarity of expression. Section 4.10 City clerk. Move to Article VI and become Section 6.02. Section 4.11 Investigations. Becomes Section 4.10. Section 4.12 Independent audits. Becomes Section 4.11. Section 4.13 Procedure. Becomes Section 4.12. (a) In the second sentence, following the words "to each member". add the words "and the public". (c) In the third sentence. first line. following the word "commission" add the following: "except as provided in the preceding sentence". Section 4.14 Actions requiring an ordinance. Becomes Section 4.13. (5) First line. change "the public utility" to "a public ut i 1 i t y" . .- Section 4.15 Ordinances in general. Becomes Section 4.14. (b) In the third sentence change the comma after "days" to a period and delete the remainder of the sentence. The reason for this is we do not think the require- ments of time of the second reading should be subject to waiver. State Law Reference FS 166.041. Section 4.16 Authentification and recording; codification. Becomes Section 4.15. Section 5.01 Appointment; qualifications. compensatio~. Change to read as follows: The commission shall appoint a city manager for an indefi- nite term by a majority vote of all the commissioners, who shall also set the city manager's compensation. The city manager shall be appointed solely on the basis or his executive and administrative qualifications. He shall be responsible to the commission for the administration or all c~a~rat'rs placed in his charge by or under this charter and such ther duties as may be required b~ the commission. ff)pt~ r] :(~ c:J;i:, Section 5.02 RemovaL!) "7 .- /~ {!7 .-.. Change to read as follows: The commission may remove the city manager from office in accordance with the following procedures: (1) The corr~ission shall adopt by affirmative vote of a majority of all its' members a preliminary resolution which must state the reasons for removal and may sus- pend the manager from duty for a period not to exceed forty-five (45) days. A copy of the resolution shall be delivered promptly to the manager. (2) Within five (5) days after a copy of the resolution is delivered to the manager, he may file with the commission a written request for a public hearing. This hearing shall be held at a commission meeting not earlier than fifteen (15) days nor later than thirty (30) days after the request is filed. The manager may file with the commission a written reply not later than five (5) days before the hearing; (3) The commission may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its' members at any time after five (5) days from the date when a copy of the preliminary resolution was delivered to the manager if he has not requested a public hearing, or at any time after the public hearing if he has requested one. The manager shall continue to receive his salary until the effective date of a final resolution of removal. Section 5.03 Powers and duties of the city manager. Change opening paragraph to read as follows: The city manager shall be the chief executive officer and chief administrative officer of the city. The city manager shall have the following powers and duties: (1) Change first line from "He shall appoi nt " to "To appoi nt". Change second line fom "appoint" to "appointive". (2 ) Change first line from "He shall direct" to "To direct ". (3 ) Change first line from "He shall attend" to "To attend". (4) Change first line from "He shall see" to "To see". . ;Y' C-;~) 4,J ( 5) Change to read as follows: (j/fP/l11/'1~,F To prepare and submit to the commission for/approval the annual budget and capital program and to be re- sponsible for the administration of same. (6) Change first line from "He shall submit" to "To submit". (7) Change first line from "He shall make" to "To make". (8 ) Change first line from "He shall keep" to "To keep". (9 ) Change first line from "He shall perform " to "To perform" . (), /<': , Section 5.04 Prohibition. This section is new and suggested wording is as follows: Neither the mayor nor the commission. or any of its mem- bers. shall in any manner dictate the employment or re- moval of any city officer or employee who is subject to the direction and supervision of the city manager except through the manager. and neither the mayor nor the commission. or any of its members. shall give orders to any such office or an employee. either publicly or privately. However. the mayor. the commission or any of its members may express their views and fully and freely discuss with the city manager anything pertaining to the appointment and removal of any such officers and employees. Section 5.04. Acting city manager. Change to Section 5.05. Section 6.02. City clerk. This was formerly Section 4.10 and the wording remains un- changed. Reason is that this committee thinkks the city clerk more logically belongs under Article VI. Section 6.02. City attorney. Change to Section 6.03. Section 6.04. Personnel review board. This section is new and recommended wording is as follows: (a) Appointment. There shall be a personnel review board consisting or seven (7) members. all of whom shall be appointed rrom among the city electorate and none of whom shall be an employee of the city. Each commission- er shall select one member and the mayor shall select two members. Members or the board shall serve for a term of twO (2) years. which terms shall be staggered by the appointment of three (3) or the seven members for one (1) year commencing January 1888 and therearter for two years. (b) Function or the board. The function or the personnel review board is to consider appeals rrom the rinal decision or the city manager in cases or suspension ror more than twenty (20) days. demotion or dismissal of a city employee. that is. arter exhaustion or the ,.... remedies or such employee provided in the city's Personnel Pol icy Manual. /~ (c) Procedure. Any appointed city orricial or city emplyee, excluding the city manager, has the right within thirty (30) days arter receipt of notice of his dismissal, suspension for more than twenty (20) days or demotion by the city manager, to appeal to the personnel review board. Upon receipt of a written notice of appeal by an appointed city ofricial or city employee, the board shall hold an evidentiary hearing within five (5) days the.'eor. After an evidentiary hearing, the board may affirm or reverse the action of the executive authori- ty in dismissing, suspending ror more than twenty (20) days or demoting an employee if it is found that the executive authority did not have good and Just cause for his action. Further, the board may mitigate the sentence imposed by the executive authority when evidence presented indicates that such mitigation is warranted. Section 7.02. Submission or budget and budget message. In the second line, following the word "budget" add the words "and capital program". Section 7.04. Commission action on budget. ~- (d) Delete this sentence. Also delete "Editor's note" rollowing. The reason is that they are meaningless. Section 7.06. Amendments after adoption. (b) In the rourth line insert after "renewals" the follow- ing: "but the emergency notes and renewals". (c) Change the fourth line to read as follows: "any re- medial action taken by him to eliminate said deficit and his recommendations as to any other steps to be taken". Section 8.03. Election procedures. Eliminate brackets rrom title. Section 8.03. Petitions. (a) In the second line, "ten (10) percent ". change "fifteen (15) percent" to Delete second sentence. Section 10.01. Amendments. Delete brackets rrom title. Add the following: " State law reference FS 166.021". Section 13.03. City officials. Delete this section as being superfluous. Section 13.04. Provision for referendum; form of ballots. Change to Section 13.03. Miscellaneous: There are other Section headings bracketed unnecessarily such as 4.01. 6.01 and 7.03. In any reprint of the charter all such brackets should be deleted. ,-..~