HomeMy WebLinkAbout2010 03 04 WSAHCRC Comparison Worksheets Articles V-VI Date: March 4, 2010
The attached document was referenced during the
March 4, 2010 Winter Springs Ad Hoc Charter Review
Committee Meeting.
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City of Winter Springs
Ad Hoc Charter Review Committee
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Comparison Worksheets
Articles V -VI
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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.)
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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.
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FLORIDA INCORPORAI ED 1959
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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.
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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;
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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;
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(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.
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*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.
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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.
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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.
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' 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:
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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.
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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.
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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
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(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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