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Home My WebLink About2010 02 18 WSAHCRC Orientation PowerPoint Presentation Date: February 18, 2010 This Powerpoint Presentation entitled, "Charter Review Committee Orientation Agenda" was shown to the WSAHCRC Committee Members at the February 18, 2010 Winter Springs Ad Hoc Charter Review Committee Meeting from City Attorney Anthony A. Garganese. Winter Springs Ad Hoc Charter Review Committee 1 %d ! � � - I .M l TE 6 J� 5 �Z MR ti - .AL BROWN, GARGANESE, ,FF WEISS & D'AGRESTA, P.A. Charter Review Committee Orientation Agenda I. The Committee a. Presiding Member b. Meeting Procedures c. Purpose and Duties d. Final Report e. Committee Resources Ale II. The Charter a. What is a Charter? b. Why do we need a Charter? c. How is the Charter Amended? Ak BROWN, GARGANESE, 'IFV WEISS & YAGRESTA, RA. go O 0 O V v? U ti M P w W� dd C� A Ct U a� cn aA '� ct - j O •� c t ct a� � U ti M P w W� dd C� A i Presiding Member: The first order of business is to elect a chairperson, who will be responsible for running the meetings, and a vice chairperson to handle such duty in his or her absence. .AL, BROWN, GARGANESE, ,FF WEISS & D'A GRESTA, P.A. PROCEDURAL REQUIREMENTS FOR COMMITTEE MEETINGS Quorum: Majority of the total Committee members Actions: By majority vote Rules: Meetings to be guided by Robert's Rules of Order .AL, BROWN, GARGANESE, ,FF WEISS & VAGRESTA, P.A. The overall purpose of the Committee is to conduct a comprehensive review of the City Charter, in accordance with Resolution 2010 -04, and to make a recommendation to the City Commission. — — A�_ r; s r " Rill :d A .AL BROWN, GARGANESE, ,FF WEISS & D'AGRESTA, P.A. .AL BROWN, GARGANESE, ,FF WEISS & D'AGRESTA, P.A. The Committee has 4 primary duties: LCOMPARE 2.RESPOND 3.INITIATE 4. REPORT .AL BROWN, GARGANESE, ,FF WEISS & D'AGRESTA, P.A. COMPARE: The Committee must evaluate and make a recommendation as to (i) whether the City Charter is substantially consistent with the Model City Charter, Stn Edition, of the National Civic League and (ii) if not, whether it should be substantially consistent with such Model City Charter or remain the same. .AL BROWN, GARGANESE, ,FF WEISS & D'AGRESTA, P.A. : »I►y me] 0 1 Should the gap time period between the election and term commencement be eliminated or shortened`? Should Commissioner power be restricted during this gap time period`? • Should Mayor's power to veto ordinances be expanded to include power to veto all or certain resolutions`? • Should the City Manager be required to provide periodic financial reporting to the City Comm ission`? �'�' I i 6 • Votes for Charter Officers: Should the Charter Officers be hired and/or fired by a maj ority vote instead of a super -maj ority vote of 4 out of 5? Budget Appropriations: Should City Commission be required to create guidelines for City Manager transfers of unencumbered appropriation balances among department, office or agency programs`] INITIATE: The Committee may propose any additional amendments. FINAL REPORT DUE BY MAY 30 2010 Committee must prepare a final written report that: • identifies all proposed charter amendments and the reason for the proposals; • includes a recommendation on each specifically identified charter question; *May reference and explain any minority opinions that received at least 4 member votes. ,AL BROWN, GARGANESE, ,FF WEISS & VAGRESTA, P.A. The Committee will present its final report to the City Commission. The report is nonbinding on the Commission. The City Commission will determine if any of the proposed amendments should be submitted to the electorate for a vote. If so, a referendum will be held at the November 2, 2010 election, or as soon thereafter as possible. .AL BROWN, GARGANESE, ,FF WEISS & D'AGRESTA, P.A. '°r. f• Committee Resources The City Attorney will act as project facilitator and prepare an orderly presentation of the City Charter, provide legal guidance to the Committee, assist with facilitating meetings, and assist in drafting the final report. The City Manager, City Clerk and Department Heads will also serve as technical advisors and assist in drafting the final report. The City Clerk will provide administrative assistance and will be responsible for noticing meetings, preparing minutes and archiving all public records. .AL, BROWN, CxARGANESE, ,FF WEISS & VA GRESTA, P.A. AL `r t t"r Q n I� n Q Q Q Q Cq'J I TI t"r t"r Q � • r1 OC W Q v (� C/] � � Q n e"r n C • n e"r I� I� C n E �I s \ 1 I� • Cam' Why do we need a city charter and what does it do? A Florida city may not exist without a charter. `IV The charter provides for the extent, form and organization of city government. A good charter presents a succinct and workable legal framework for the local government. A charter must be duly approved by a majority of registered voters in the community. Therefore, it expresses the will of the citizenry regarding their city government. .AL BROWN, GARGANESE, ,FF WEISS & D'AGRESTA., P.A. - , Irv-Epp a Section 166.031, Florida Statutes, governs the amendment of a city's charter and no alternative method of charter amendment may be used. Fla. Op. Atty. Gen. 93 -23. .AL BROWN, GARGANESE, ,FF WEISS & D'AGRESTA, P.A. How is a city charter amended? With limited exceptions, a majority of electors voting in a referendum must approve the charter amendment. Who may initiate a charter amendment? Charter amendments may be proposed by: 1. A governing body of a municipality by ordinance; or 2. Petition signed by ten (10) percent of the registered electors as of the last preceding municipal general election. § 166.031, Fla. Stat. .AL BROWN, GARGANESE, ,FF WEISS & D'AGRESTA, P.A. When Charter Amendment Not Required: • Include annexed lands • Abolish municipal departments • Amend unconstitutional language • Qualifying officials periods of elected 4 I A, BROWN, GARGANESE, r - WEISS & YAGRESTA, RA. , t °YjLsau.Dv.a v ssi L i9s3r VDUVD ' O'Hff SUOTSTnOJd TUOPTSUMI 'IIIX aIOTIJ'V SJOMOd 'IIX OI XjTTTgvJOA0S •IX OIOTIJV •SluauTpuaUT, X opll v UTnpuajaJaN PUB anTWITITUI •XI 01311 V suolloola PUB S • IIIA 0 I 3 TIJV aanpaOOad IMOUBUT3 'IIA OI sluowlirdoa OATIMISTUTUMV JA aIOTI.TV Ka�?VUVW XID 'A 01311TH Xpog �?UTUJOAOD 'Al 0 1 3 11 V XID Oql JO SJOMOd 'III aI SOULIpunog IL'TaolljjoZ •II aIOTIJ v ;)ujL I olviodio:) •I aloilj d uppoij ls�tupdS laluiAl Jo SID aqj jo .ial iuga agjL Government in the SUNSHINE Section 286.011, Florida Statutes. • Florida's Government in the Sunshine Law provides a right of access to governmental proceedings at both the state and local levels. • All meetings of any board or committee where official acts are taken must be open to the public. .Its. BROWN, ��,��s�, ,PV WEISS & D'A GRESTA, P.A. Government in the Scope I LAW The Sunshine Law requires: • Meetings of public committees be open to the public. • Reasonable notice be given. Minutes be taken. • The Sunshine Law is applicable to elected and appointed committees. • The Sunshine Law is applicable where two or more members of the same committee discuss a matter which will forseeably come before the board for action. Purpose • Enacted to protect the public from "closed door" politics, construed for its purpose and effect. Interpreted in favor of the public. .AL BROWN, GARGANESE, ,FF WEISS & D'AGRESTA, P.A. Government in the SUNSHINE Agencies subject to the Sunshine Law • Any board or committee of any state agency, authority, county, municipal corporation, or political subdivision. • Advisory boards created pursuant to law, ordinance, established by public agencies, even though their recommendations are not binding upon the entities that create them. EXCEPT: Fact - finding committees, sole purpose info gathering. The Winter Springs Ad Hoc Charter Review Committee is an agency subject to the Sunshine Law. .AL, BROWN, GARGANESE, ,FF WEISS & D'AGRESTA, P.A. Government in the L M1/1 / Do's & Don'ts under the Sunshine Law Do's: Gavel to Gavel: Discussion between Committee members should only take place from the time the gavel begins the meeting until the time the gavel ends the meeting. Re gisterin g the vote: Ensure that the vote is on the record and that there are no "secret" votes or ballot votes. Don'ts: • Don't discuss Committee business with other Committee members before the meeting; or after the meeting. • Don't discuss Committee business with other Committee members during recess. Generally: Refrain from discussing any matter with any other member of the Committee outside of the meeting. Avoid "conduit" situations (communications through third parties). One member the Committee may speak with a member of a different committee or board, so long as there is no "conduit." ,AL BROWN, GARGANESE, ,FF WEISS & VAGRESTA., P.A. Government in the Consequences for Failure to Comply Criminal knowingly violating— suspension, removal, impeachment, & commits a misdemeanor in the first degree. Noncriminal: may be found guilty of a noncriminal infraction, < = $500. Actions taken in violation are invalid, regardless of intent. An initial violation may be cured — (full, open hearing reexamining and readdressing the issue with independent final action taken in the "Sunshine. ") .AL BROWN, GARGANESE, ,FF WEISS & D'A GRESTA, P.A. Public Records What is a Public Record? • All documents papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by agency Ch. 119, F. S. Includes: voicemail, email, blog posts, etc. Kind of Records y mom _- 9 :A All municipal records - open to the public for inspection. (unless exemption exists). • List of exemptions in set forth in Chapter 119, Fla. Stat. • All materials made or received in connection with official business, used to perpetuate, communicate or formalize knowledge. • Includes: Computer records, election records, financial records, and personnel records are all subject to public inspection. ,AL BROWN, GARGANESE, ' If exemption exists redact; remainder of document is open. , A FF WEISS & D' GRESTA, P.A. Public Records Example of public records? • Letters /emails regarding City business. • Notes of Committee member in connection with official City business used to perpetuate, communicate or formalize knowledge. Retention Period The State publishes various Retention Schedules that provide the time period that public records must be retained. These retention periods are not discretionary, and records may not be destroyed until the minimum retention period has been met. ,AL BROWN, GARGANESE, ,FF WEISS & D'A GRESTA, P.A. TENTATIVE SCHEUDLE The following is a TENTATIVE schedule for review of the City Charter: 1. Organizational Meeting 2.Review of Article I through first portion of Article IV 3.Review of remainder of Article IV through Article VI 4.Review of Article VII and Article VIII 5.Review of Article IX through Article XIII 6.Discussion of other proposed amendments, if necessary 7.Presentation of Draft Final Report to Committee ,AL BROWN, GARGANESE, ,FF WEISS & D'A GRESTA., P.A. .Its. DKVWIN, LwftKtwAlvr,sn, ,FF WEISS & D'A GRESTA, P.A. Questions /Answers