HomeMy WebLinkAbout2000 10 12 Other Handout by Staff
OCTOBER 12,2000
HANDOUT BY STAFF.
Corrected Copy
TERM LIMITS
The term limits in our charter should be eliminated. If elected officials are
doing a good job and the voters wish to retain them, then the voters should
have that right. Both the city and the elected official may have expended
considerable time and money in order to develop their skill and expertise,
along with the value of experience gained over time. To arbitrarily discard the
services of a dedicated individual just because of a certain passage of time is
to literally throwaway taxpayers dollars and resources. It is wasteful and
unnecessary. If an elected official is not performing up to the standards of
the community, number one, they will frequently elect not to run again, and
secondly, their opponents can easily draw attention to that fact during the
election process. If an elected official is serving the city well, it should be
difficult for challengers to get elected. They need to have more to offer the
public than the current office holder does.
Individuals who have served on boards or have some knowledge or
experience relative to managing a sizeable business are a good source of
potential candidates for public office. However, increasingly, many of these
individuals do not wish to make the commitment to serve in elected office.
When that is the case, term limits may impose a vacuum in the community
and provide an opportunity for an unqualified individual to enter into a policy
making position, while preventing a well qualified and experienced individual
from continuing to serve the public good.
Cindy Gennell
OCT-03-2000 15:05
CITY OF WINTER SPRINGS
407 327 4753
P.02
MF,MORANnrJM
TO:
Mr. Ronald W. McLemore, City Manager
Andrea Lorenzo-Luace~ity Clerk
FROM:
:SUHJ-bCl:
Charter Review
DATE:
October 3,2000
I am re~pectfully suhmitting the following comments for consideration by the Charter
'Review r.ommitte:e, ha~cd upon ~(lme of illY cxpeJicmce in dealing with the Charter.
spt:l:ific<llly ill kuws 1)r.lt:l;~.U( dtl~lillll ~Al~JieJl(;~.
1) Under Section 4.01. (b) "Only qualified voters of the city shall be eligible. .. ..
Should all candidates be required to be registered voters specifically within Seminole
County. or could a candidate be a registered voter with any county in the State of Florida.
:l) Under Section 4.U3. ()i.l "The regulw- election of moyor tlIld commissioners shall be
held on the tirst Tuesday tollowing the tirat Monday in the month of November of
each November of each year an election is held."
Would we want to consider a one time change oftem1 of office, for some members of the
r.(lIllllli>;~illll. which wonld I'p.>;l~he(]nle nllr ~lection cycle to he held in even numbered
yeonrs, \\Ihid. wllul.J lh~11 "li~ll wilh Ih~ loUuuly'iS d.ed inll I~Yr.l~. Tl1 is wOllld ~ave the City
ofWinl~r Sprin8!l num(:!J"ous man~houn; of work.; lhtt. eily bc:ing rtspunsiblt: fi.1l. pjl~kiJle np
and delivering election equipment; numerous legal consider...lions; and appruximaldy
$10,000 in COiltS related to each election.
~~
~ ~ People for
.~~ Good Government
PO. Box 195321 · Winter Spring;, FL 32719
October 3, 2000
Ms.. Marilyn Crotty - Director
UCF Institute of Government
36 West Pine Street, Ste. 204
Orlando, FL 32801
RE: Position Papers for Charter Amendment Review for the City of Winter Springs
Dear Ms. Crotty:
In October, 1999, an independent citizens committee was formed to review the
Charter of Winter Springs. Two of the members were themselves former City
Commissioners.
PEOPLE FOR GOOD GOVERNMENT'S sole responsibility was providing financial
assistance for materials and research. Upon receiving the final Charter Review from the
citizens' committee, PEOPLE FOR GOOD GOVERNMENT forwarded it to independent
legal counsel for review of constitutionality and terminology.
The position papers are hereby submitted to the Charter Review Board, as required, to
meet the October 4th deadline. Representatives of the independent committee will be
present in the chambers on October 11 th and 12th to field any questions .
Included, along with the position papers package, is a complete package submitted to
the City of Winter Springs on June 23, 2000 as a "citizens initiative petition package".
Currently more than two-thirds of the required signatures have been obtained, and this
organization shall continue its year's work to bring to this City a government designed to
include the citizens of the City of Winter Springs. We would hope your efforts, combined
with our input, may bring closure with a proper upgrading of an aging charter.
We look forward to participating in your charter review and thank you for the
opportunity to have our proposals given consideration.
c-:--.
s~c:~?< ~:
'~~~h
Harold B. cott
PresidentIDirector
PEOPLE FOR GOOD GOVERNMENT
Enclosures
A Citizens Committee Dedicated To Pursuing Government Accountability To All Citizens Of Winter Springs
~~
~ ~ People for
.~~ Good Government
I~(). Box 19).)21 · WilltcI'Spril1g~, FL32719
Tuesday, October 3, 2000
Citizen Proposal for Charter Amendment for the City of Winter Springs
Amendment One
Article IV, Section 4.03(e), Election and terms, is added as a new subsection
and to read as follows:
(e) For the purpose of determining the number of terms
of office any term served that consists of more than 18 months of a 36 month
term. shall be considered a full term..
Rationale: Section 4.03 (d) in the City Charter states, "All commissioners and
the mayor shall be limited to three (3) terms, to be served consecutively." Thus,
it should be noted that the Charter already establishes term limits to three
consecutive terms. The purpose of the proposed amendment is to remove
ambiguity by determining the definition of a full term in office. In so doing, it
ensures that term limits for an elected official will be kept as close to the three
consecutive terms that the charter allows.
A Citizens Committee Dedicated To Pursuing Government Accountability To All Citizens Of Winter Springs
~~
~ ~ People for
..~~ Good Government
[~O. Box [l)s.m · WinlerSprinl!t'i, FL32719
Tuesday, October 3, 2000
Citizen Proposal for Charter Amendment for the City of Winter Springs
Amendment Two
This proposal replaces Article IV, Section 4.04, Compensation, expenses:
The city commission may determine in the annual
salary of mayor and commissioners by ordinance, but no ordinance increasing
such salary shall become effective until the date of commencement of the terms
of mayor and commissioners elected at the next regular election, provided that
such election follo'....s the adoption of such ordinance by at least six (6) months.
The mayor and each commissioner of the city shall be reimbursed from the city
treasury to cover the expenditure naturally and necessarily incurred in the
performance of their duties of office and said reimbursement for expenses shall
be established by resolution.
The proposed amended is to read as follows:
Article IV. Section 4.04, Compensation.
The city commission may propose changes in the
compensation for the mayor and commissioners by ordinance. Such
compensation shall be considered annual salary and any increases in such salary
shall only be awarded if authorized by the electors of the city at a duly held
referendum election.
Rationale: The purpose of this amendment is to bring the City in compliance
with Federal Withholding Tax Laws. This amendment also prohibits unrestrained
salary increases voted by the commission.
A Citizens Committee Dedicated To Pursuing Government Accountability To All Citizens Of Winter Springs
2
~~
~ ~ People for
.~ ~ Good Government
I~(). Box 195.)2\- WilltcrSflrillj;~, FL32719
Tuesday, October 3, 2000
Citizen Proposal for Charter Amendment for the City of Winter Springs
Amendment Three
Article IV, Section 4.04.1, Compensation, expenses is added as a new section
and to read as follows:
Expense reimbursement shall be limited to those
expenses paid by elected officials for which acceptable receipts or acceptable
documentation is submitted. The total expense reimbursement for any year
cannot exceed fifteen percent (15%) of the elected official's annual salary. All
expenses must be submitted with supporting documentation within the fiscal
year in which the expenses are incurred and paid.
Rationale: Currently the charter does not require the commission and the
mayor to document expenses. This amendment will replace the current method
by establishing a policy for filing expenses and by defining expenses for the
mayor and commission. These changes are consistent with sound business
practices.
A Citizens Committee Dedicated To Pursuing Government Accountability To All Citizens Of Winter Springs
3
~~
~ ~ People for
~ ~ Good Government
I~O, Box 19S,,)21 · WilltcrS(lrill~~. FL32719
Tuesday, October 3, 2000
Citizen Proposal for Charter Amendment for the City of Winter Springs
Amendment Four
Article IV, Section 4.05, Mayor, is amended .to read as follows:
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 government for all ceremonial
purposes and be the governor 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 charter. The commission shall elect from
among its members a deputy mayor who shall serve as deputy mayor for one
(1) year during any three-year (3) term or part of a three- year (3) term. The
deputy mayor 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 election 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.
Rationale:
The title of deputy mayor is an honorary as well as a responsible non-elected
position. Each commissioner should have the opportunity to gain experience in
that position because ultimately, if a vacancy occurs in the position of mayor, it
is the voters who have the final decision at the next municipal election.
A Citizens Committee Dedicated To Pursuing Government Accountability To All Citizens Of Winter Springs
1.
~~
~ ~ People for
~ ~ Good Government
P.O. Box 195.m · Wi Iller Sprillj!,-;, FL 32719
Tuesday, October 3, 2000
Citizen Proposal for Charter Amendment for the City of Winter Springs
Amendment Five
Article IV, Section 4.05, Mayor, is amended .to read as follows:
The mayor shall ftef only vote cxccpt in casc of a to
break a tie vote of the commission. Within ten (10) days after the adoption of
any ordinance or resolution by the city commission, the mayor shall have the
power to veto said ordinance or resolution 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 or resolution after the mayor's
veto.
Rationale: Due to an omission in the charter, the mayor could not veto
resolutions - only ordinances. This amendment corrects that omission.
A Citizens Committee Dedicated To Pursuing Government Accountability To All Citizens Of Winter Springs
2.
~~
~ ~ People for
.~~ Good Government
I~O. Box 1<)~.)21 · WintcrSpring~, FL32719
Tuesday, October 3, 2000
Citizen Proposal for Charter Amendment for the City of Winter Springs
Amendment Six
Article IV, Section 4.07(b), Prohibitions; holding other office, is added as a new
subsection and to read as follows:
@} Except where authorized by law, no commissioner
shall hold any other city office or city employment during the term for which he
was elected to the commission.
(Q) A commissioner who serves on a board or is on a
committee of any private group or organization shall recuse him/herself from
participating and voting on any issue brought forth before the city commission
which involves said group or organization.
Rationale: This amendment is proposed to ensure the highest level of
impartiality on any issue that comes before the commission body. It levels the
playing field.
A Citizens Committee Dedicated To Punuing Government Accountability To All Citizens Of Winter Springs
Q
~~
~ ~ People for
~~ Good Government
I~O. Box 1<)').)21 · WinlcrSprill~\ FL3271<)
Tuesday, October 3, 2000
Citizen Proposal for Charter Amendment for the City of Winter Springs
Amendment Seven
Article IV, Section 4.11 Investigations, is amended to read as follows:
The commission or. any citizen of the City of Winter
Springs using proper legal channels. may make investigations into the affairs of
the city and the conduct of any city department, office or agency and for this
purpose may subpoena witnesses, administer oaths, take testimony and require
the production of evidence. Any person who fails or refuses to obey a lawful
order issued in the exercise of these powers by the commission shall be guilty of
a misdemeanor and punishable by a fine of not more than five hundred dollars
($500.00) or by imprisonment for not more than ninety (90) days or both.
Rationale: This amendment makes it evident that citizens can file their
complaints with the courts or through other qualified legal entities.
A Citians Committee Dedicated To Pursuing Government Accountability To All Citians Of Winter Springs
7
~~
~ ~ People for
..~ ~ Good Government
I~()' llox 195321 · Winter Springs, FL 32719
Tuesday, October 3,2000
Citizen Proposal for Charter Amendment for the City of Winter Springs
Amendment Eight
Article V. City Manager, Section 5.01 Appointment; vacancy, qualifications,
compensation
(a) Vacancv in Citv Manager Position. All candidates for
the position of city manager shall be screened by a committee appointed by the
commission. The committee (not fewer than three) shall consist of members of
the Florida City Manager's Association. and/or the Inernational City Manager's
Association.
(b) (a) The commission may appoint a city manager for
an indefinite term and fix his compensation. The commission shall select a city
manager from the list of candidates referred by the committee. The
appointment shall be confirmed by a maiority vote of the commission requiring
four (4) affirmative votes. The manager shall by appointed solely primarily on
the basis of his executive and administrative qualifications. I n the event the
commission does not appoint a city manager, the administrative duties of the
manager shall be the responsibility of the mayor unless otherwise provided in
this Charter.
Rationale: (a) The commission shall appoint only qualified members of the
City Manager Associations to screen candidates for a vacancy in the city
manager position. This inclusion of professionals in the screening process will
ensure that the selection process will be thorough, and thus, will result in the
best candidates for the position.
(b) The commission will select from the candidates recommended
by the committee and the appointment shall be based on the highest affirmative
vote, but no less than a solid consensus of 4 out of 5 commissioners.
A Citizens Committee Dedicated To Pursuing Government Accountability To All Citizens Of Winter Springs
~
~~
~~ People for
~ ~ Good Government
[~O. Box 195321 · WinlcrSprillW'. FL32719
Tuesday, October 3, 2000
Citizen Proposal for Charter Amendment for the City of Winter Springs
Amendment Nine
Article V, City Manager, Section 5.01 (c), Cd), (e), Appointment, qualifications,
compensation, is amended to read as follows:
Section 5.01 Appointment; qualifications,
compensation, performance. appraisal term and contract terms.
(c). The Citv Manager's Sa la rv. The city manager's
salary and/or bonuses may not be increased in anyone (1) year more than the
average percentage increase of the salary employees of the city in the year the
increase is proposed.
(d). Citv Manager's Performance Aporaisal. Prior to the
beginning of every fiscal year. the commission must conduct a written. graded.
and documented performance review of the city manager. The review shall be
made in public and conform to all other aspects of the city's personnel policy.
(e). Citv Managers Contract Term. The city manager's
contract is to be for a term of one (1) year. renewable annually following the
performance appraisal. This must be done prior to end of every fiscal year.
Rationale: Establishes a standard process for contracting a city manager,
documenting his performance and setting a reasonable salary.
A Citizens Committee Dedicated To Pursuing Government Accountability To All Citizens or Winter Springs
9
~~
~.~ People for
...~~ Good Government
I~O. Box 195321 · WintcrSprin~. FL32719
Tuesday, October 3, 2000
Citizen Proposal for Charter Amendment for the City of Winter Springs
Amendment Ten
Article V. City Manager, Section 5.02 Removal is amended as follows:
(a) The commission may remove the city manager, with
or without cause. by motion of the city commission requiring four (4) affirmative
votes; the city manager shall receive thirty (30) days' severance pay in all such
cases.
Rationale: This amendment removes ambiguity and makes it clear that the
commission has the authority to remove the city manager with or without cause.
A Citizens Committee Dedicated To Pursuing Government Accountability To All Citizens Of Winter Springs
10
~~
~ ~ People for
...~ ~ Good Government
P.O.llox 195321 · Winter Spring.~. FL 32719
Tuesday, October 3, 2000
Citizen Proposal for Charter Amendment for the City of Winter Springs
Amendment Eleven
Article V, Section 5.03(10), Powers and duties of the city manager, is added as
a new subsection and to read as follows:
(10) He shall be responsible to make available to
the public, a copy of the agenda for any regularly scheduled public meeting at
least one (1) week prior to such meetings. Revisions or amended agendas shall
not be allowed unless an emergency is declared by unanimous vote of the
commission.
Rationale: This amendment will ensure that there will be greater participation
by the public and it also avoids last minute add-ons which cannot reasonably be
declared emergencies.
A Citizens Committee Dedicated To Pursuing Government Accountability To All Citizens Of Winter Springs
11
~~
~ ~ People for
....~~ Good Government
(~O. Box 195321 · Winter Springs, FL32719
Tuesday, October 3, 2000
Citizen Proposal for Charter Amendment for the City of Winter Springs
Amendment Twelve
Article VI, Section 6.02, City attorney, is amended to read as follows:
Thcrc shall bc a city attorncy appointed by thc
mayor and approvcd by thc city commission, The mayor shall have the power to
nominate a candidate to serve as city attorney who shall represent the city in all
legal proceedings and shall perform all other duties assigned to him by the city
commission. The city attorney shall not serve until approved by a maiority vote
of the city commission.
The mayor shall have the power to terminate a
city attorney. If a vacancy should occur for any reason. the mayor must
nominate a candidate to serve as city attorney and such nominee must be
ratified by a maiority vote of the commission.
Rationale: This proposed amendment removes the ambiguity as to how the city
attorney is nominated and removed.
A Citizens Committee Dedicated To Pursuing Government Accountability To All Citizens Of Winter Springs
12
MEMO
TO:
FROM:
DATE:
RE:
Charter Review Advisory Committee
Jim Burgess
October 3, 2000
Charter Amendments proposed by "People for Good Government"
The purpose of this memorandum is to evaluate the 13 charter amendments
proposed by the group known as "People for Good Government." Each amendment is
considered in terms of its applicability within the context of the council-manager form of
government.
Amendment No.1: Term Limits; filling of Vacancies
Advocates in support of term limits argue that limiting an elective office holder to
a fixed number of terms assures periodic change in office, thus providing opportunities
for citizens with varying backgrounds, ethnic origins, and education and skill levels to
gain access to elective office. Often elected officials hold office for indefinite periods
due to name recognition, familiarity, voter apathy, and other reasons. (A good example is
Senator Strom Thurman of South Carolina.) It is also argued that term limits result in
more objective, independent and non-political policy making since the office holder
knows from the outset that he or she will occupy the office only for a definite period of
time. Consequently their decision-making is not as influenced by "getting elected again."
There is also a "power argument" raised in support of term limits. Officials who
hold elective office for long periods oftime often possess immense political power and
control over the electoral process, and usually such long-term office holders can raise
more money for reelection than their opponents can. Over time such office holders tend
to become insulated and unresponsive to day-to-day constituent needs and issues, and
they become more subject to the dominance of special interest groups.
Those opposed to term limits argue that in our democratic system, an office
holder should be allowed to stay in office for as long as the people desire. They further
argue that the ballot box is where the term begins and ends. If citizens wish to remove an
elected official, they simply vote him or her out of office. It can also be argued that term
limits lead to a loss of valuable experience and knowledge gained by many legislators
during their tenure in office in dealing with public policy issues. In addition, the
imposition of term limits on elected officials may in fact cause instability among
governing bodies through constant turnover in elected offices.
As to the issue of filling vacancies in office, the usual approach is to specify a
given number of months that remain in a vacant term as a triggering mechanism for
calling a special election to fill the vacancy. For example, if more than six months
remain in the vacant term, a special election is usually called to fill the vacancy. If the
term has less than six months remaining, the vacancy is filled by majority vote of the
remaining members of the governing body.
Amendment No.2: Compensation
Compensation of elected officials may be dealt with in a number of ways. The
amount of compensation may be prescribed and fixed by general or local law. Many city
charters provide that compensation shall be fixed by the governing body as a matter of
home rule. Some home rule charters allow the governing body to determine the amount
of its compensation by ordinance, but prohibit an increase in compensation until the
commencement of the next term of office following the effective date of the ordinance
2
changing the amount of compensation. Almost never is compensation of elected officials
subject to referendum. If this were the case, there would be very few changes in
compensation on the part of elected officials.
The best approach is through a home rule decision making process. The
governing body should be allowed to fix its compensation, after notice and public
hearing, with the proviso that any increase in compensation would not become effective
until commencement of the next term of office.
Amendment No.3: Reimbursement of expenses
The usual approach in most cities is to allow the reimbursement of expenses to
elected officials for those "actual and necessary" expenses incurred in the performance of
their official duties of office. This standard assures that only those expenses actually and
legally related to carrying out the duties of office are reimbursed and not frivolous and
unrelated expenses. Tying expense reimbursement to a fixed percentage of an elected
official's salary is both arbitrary and unrealistic. For example, such an approach could
result in elected officials receiving reimbursements that are greater than actual expenses.
On the other hand, some officials might expend amounts greater than their salaries, but
which may be necessary in the performance of their duties of office. Experience has
shown that some elected officials can spend more time on important local issues than
others can. Legitimate expenses in representing their city should be reimbursed.
Amendment No.4: Term Limit for Deputy Mayor
This matter should be left to the discretion of the local governing body. Limiting
the term of the deputy mayor to one year during any three-year term or part of a three-
year term could undermine the continuity of effective or experienced leadership by
3
cutting short the term of a potential deputy mayor who would have qualifications superior
to other members of the council. If the deputy mayor is to serve in the mayor's absence,
why not let the governing body select someone from among its membership best suited to
fill this role. Putting term limits on the deputy mayor is like "playing musical chairs."
Amendment No.5: Mayor's voting rights.
It makes little sense to allow the mayor to veto resolutions, since a resolution is a
temporary measure and not permanent as in the case of an ordinance. Also, allowing the
mayor to veto any matter passed by the governing body is inconsistent with the Model
City Charter. If the mayor is a member of the city council (which he is in the council
manager form of government), giving the mayor veto power cannot help but confuse his
or her role with that of the executive mayor in a mayor-council city. The issue of the
mayor's voting rights is fully discussed in a memorandum to the Charter Review
Advisory Committee dated October 3, 2000 and will not be repeated here.
Amendment No 6: Voting on issues
To prohibit a member of the governing body from voting on an issue that involves
a private group or organization of which that member is a participant, either as an officer
or as a committee member, is too limiting. The usual standard prescribed either by law or
the courts is whether or not the member of the governing body voting an issue, or a
family member of the member, would have a personal financial gain from passage of the
issue or proposal under consideration. This is an area of conflict of interest and ethics,
and one that is usually covered by state law. Some cities have adopted codes of ethics to
governing official conduct of their governing bodies. This type of detail is best left to
ordinance or state law.
4
Amendment No.7: Investigations
While the current city charter (Sec. 4.11) grants the city commission power to
conduct investigations into the affairs of departments and agencies of the city
government, this power does not extend by charter provision to citizen groups. This
charter power relates to the oversight authority of the governing body, which is elected
by the people to insure that the city government functions property. The power to
conduct official investigations is a standard provision found in most city charters, and it
also appears in the Model City Charter. Citizens are not granted this type of power for a
number of reasons. First, they are not the elected representatives of the local
government. They have delegated to their local elected representatives the responsibility
for overseeing the affairs of government and for the conduct of its agencies and
departments. Granting citizens groups this type of authority could lead to political witch-
hunts, which could prove very disruptive to day-to-day operations. Finally, citizens have
remedies at law for imposing sanctions and utilizing legal process to assure that their
local elected officials are fulfilling their duties and oath of office. For example, the writ
of Quo Warranto or an Information in the nature of a Quo Warranto may be filed against
an elected official to prevent the exercise of powers that are not conferred by law.
Amendment No.8: City Manager appointment
Under the Model City Charter, the city manager is appointed by and serves at the
pleasure of the city council. Amending the current city charter so as to require the
governing body to appoint a committee to screen candidates for the position of city
5
manager is not consistent with the Model City Charter. Again, this is a legal power
vested in the city council, which should not be delegated to an outside group. Some cities
use head hunting firms or executive search firms to screen candidates for city manager
positions. Usually the firm will narrow the list down to three to five candidates, which is
then presented to the city council for its final review, selection and decision. The
screening process is accomplished by professionals trained in employment selection.
The city governing body is currently free in its discretion to request assistance from the
city management associations in screening candidates. It does not need a charter
amendment in order to have this authority, and certainly there should be no charter
mandate in this regard.
Amendment No.9: City Manager's Salary and Contract
An amendment that ties the city manager's salary to the same percentage increase
as that of other salaried employees would be arbitrary, unreasonable and an intrusion on
the policy discretion of the city governing body. There may be instances when the salary
of the city manager would be less than the percentage increase granted a particular
salaried position, and in other cases more. Decisions as to changes in compensation for
employees are usually governed by a personnel pay plan. The city manager's
compensation is usually governed by his contract. This is a discretionary matter that
should be left to the decision-making authority of the governing body. Because of the
competitive nature in securing competent executive staff, the governing body should be
free to negotiate and not be limited by charter mandates.
The frequency of conducting an evaluation of the city manager's performance
should be in the discretion of the city governing body and not mandated on an annual
6
basis by charter amendment. In some cases the manager's performance may warrant
evaluation on a quarterly, biennial or semi-annual basis. Why limit the discretion of the
city governing body?
Limiting the city manager's contract to one year, with a renewable feature
following a performance review, ties the hands of the city governing body in an area that
should be considered discretionary. It would also tend to politicize that relationship
between the manager and the governing body, since the renewable requirement would be
like "sledge hammer" over the head of the city manager each year. With the competitive
environment for executive talent in the current market place, the governing body should
have ample flexibility to negotiate an employment contract acceptable to both sides. It
would probably be difficult to get most qualified candidates to agree to a one-year
contract.
Amendment No. 10: Removal of the City Manager
An amendment that gives the city governing body the power to remove the city
manager with or without cause could cause considerable instability in the working
relationship between the manager and the governing body. In fact it almost puts the city
manager's service at the "whim" of the city governing body. The Model City Charter
sets up a removal process for the city manager. This process is discussed in the
memorandum to the Charter Review Advisory Commission dated October 3, 2000 and is
recommended for inclusion in the new city charter.
7
Amendment No. 11: Agendas for Public Meetings
Agendas for public meetings and procedures for scheduling such meetings,
including public notice and timeframes are matters governed by general law.
Consequently, this is not an appropriate subject matter for charter amendment.
Amendment No. 12: Appointment and removal of city attorney
The position of city attorney should be viewed as the official legal officer and
counsel of the city. As such the city attorney serves as counsel to the entire city
government as a single corporate legal entity. This is one of the most critical positions in
the city and it should be free from political influence. Since the city attorney is an officer
of the city, solely responsible to the city governing body, the appointment and removal
power over this position should be at the sole discretion of the city governing body and
not the mayor, acting in his individual capacity.
Amendment No. 13: City Bond referendums, agreements and contracts
A charter amendment to require a city referendum for all bond issues, lease
purchase agreement, or any other unfunded multi-year contracts for real property or
capital improvements extending beyond a fiscal year would be contrary to the
constitution and laws of the state of Florida. The constitution and general laws govern
the process for approval of bond referendums. General and local laws governing the
process for approval of contracts are covered in the empowerment provisions of the city
charter.
For example, cities in Florida commonly use assessment districts allowed under
state law to pay for neighborhood improvements to their streets: curbs, gutters, drainage,
8
sewers, street paving, omamentallighting, special signing, or trees. If citizens petition
the city council to improve their streets, the above-proposed amendment would require
the cost to each property owner be paid in one year. Assessment costs often run $100 per
front foot and are difficult for property owners to pay in one year.
Assessment law allows the city to spread the cost over 10 years, thus saving
citizens considerable cost over the la-year period. (Note: The Boca Raton case in
Florida affirmed assessment law and practice.)
9
C.1 TY ..~F AL}BURN
1D: 334-887-4'396
OCT 06'00
8:4'3 t'Jo.002 P.02
MEMORANDUM
To: Jim Burgess ~
From: Doug Watson, Ph.D.
Date: October 5, 2000
Re: Winter Springs, FL Charter
I have carefully reviewed your memoranda concerning the proposed
changes to the charter of the City of Winter Springs, Florida and believe that your
conclusions reflect the Model Charter and the current literature on council-
manager government. There are several issues that I would like to address that I
think are critical to successful implementation of council-manager government in
Winter Springs. Deviation from the Model Charter in a significant way will
undermine the ability of future City Councils (or Commissions) and city managers
to govern. The points that I believe should be stressed are the following:
1. The Powers of the Mayor- One of the tenets of council-manager
government is the separation between policy and administration.
While the literature demonstrates clearly that it is very difficult to have
a perfect separation (or dichotomy) between policy and administration,
the formal structure of the government should promote the separation
of policy making and its implementation. Clearly, the powers of the
municipality should be vested in the entire city council, including the
power to hire and fire the city manager. The city council is the policy-
making body of the municipal corporation and, as such, provides
guidance and direction to the manager. While the analogy is not
perfect, the city council plays the same role that a board of directors of
a corporation plays in a business. The mayor, as chairman of the
board, is the policy leader of the community and often serves as the
spokesperson for the city with the press and the community. The city
manager is the CEO of the municipal corporation responsible wholly to
the city council, just as his fellow CEO in the private sector is
responsible to his board of directors.
Council-manager governments are based on the idea of cooperation
and not conflict. The Constitutional concept of separation of powers
was a way for the founding fathers to introduce contlict into
governmental structure because they believed that no one branch of
0(T-06-2000 09:57
11,4 RR7 4QqF.
QF.:,
p _ 0,:l
C I TV OF AIJ,BURN
nrT-~~-~~n~ ~q:~?
ID: 334-887-49'36
OCT 06'00
8:49 No.002 P.03
government should become powerful enough to threaten the freedom
of the citizenry. In local government, this is not a concern because of
the limited and defined powers of municipal corporations. It is most
important then, not to build conflict into lhe structure of city
governments but rather to have an organizational form that facilitates
cooperation. James Svara, a noted expert on local government,
writes, "Conflict imposes strains on policy making and implementation
and, if it is extreme and unchecked, the city is ungovernable."
By centering all power in the city council with the mayor as its head,
council-manager government allows a majority on the council to make
the decisions needed to provide direction and guidance to the
municipal corporation. Conflict is minimized because it is not built into
the organizational structure. That does not mean that the city
government will not have any conflict but it does mean that conflict is
not intentionally built into the system.
Therefore, it is my feeling that the mayor's role in Winter Springs
should be as a member of the council (or commission) and not be
assigned powers normally found in mayor-council governments that
are based on separation of powers. Specifically, it would be
inappropriate for the mayor both to serve on the council and to have
the ability to veto the actions of the council.
Furthermore, because of the basic soundness of the policy-
administration dichotomy, it is also inappropriate for the mayor to serve
as city manager in the absence of a manager. As you correctly point
out, this could easily lead to a change in the form of government
without the consent of the citizens. The manager should be
empowered by the charter to name an acting city manager in his/her
absence, as called for in the Model Charter. The acting city manager
would be a subordinate of the city manager and would be expected to
carry out the administrative di rections of the city manager. Certainly I
the mayor could not be held by the city manager to carry out the ~ity
manager's administrative directions. The potential for disruption -and
chaos among the department heads is very great if the mayor and the
city manager conflict.
Lastly, if there is a division between the duties and responsibilities of
the city council and city manager, there can be accountability. The city
manager can be held accountable for achieving the goals or
implementing the policy of the council if he/she has a clearly defined
role as head of the administration of the city government. The city
council has the ultimate authority to remove a city manager who is not
performing up to the expectations of the council. Only if clear lines of
authority exist can the council hold the manager accountable.
<7,..1 aa'7 ,,'1q~C.
q.::'/
P n<
CITY Q.F AI~BURN
OCT-06-2000 09:57
ID: 334-887-4'396
OCT 06'00
8:50 No.002 P.04
The Model Charter recommends that neither the council nor any
individual member "shall in any manner control or demand the
appointment or removal of any city administrative officer or employee
whom the city manager or any subordinate of the city manager is
empowered to appoint...." Also. the Model Charter recommends:
"Except for the purpose of inquiries and investigations..., the councilor
its members shall deal with city officers and employees solely through
the city manager. and neither the council nor its members shall give
orders to any such officer or employee, either publicly or privately." In
some states, it is a misdemeanor for a council member to violate these
provisions. These provisions are included in the Model Charter out of
a recognition that the council can only have accountability of the
manager if it allow8 him/her to manage. If subordinates of the
manager are given orders by the council directly, they will have a very
hard time responding to several superiors.
In conclusion, the Model Charter is based on these important
concepts: policy (council)-administration (manager) dichotomy;
cooperation rather than conflict; and accountability of the manager to
the council.
2. Removal of City Manager~ The current charter calls for the removal of
the city manager if four of the five members of council vote to dismiss
him/her. The city manager quite often has to make unpopular
decisions, many of them carrying out the policy directives of the city
council. It seems appropriate to me that the city manager be given
some assurance that he/she will not be subject to the political reaction
of an unpopular decision he/she has had to make. The city manager is
especially vulnerable after a municipal election and should not have to
fear immediate dismissal because of a newly elected majority on the
council. If the manager is truly not carrying out the duties he/she is
assigned. it should not be difficult for four of the five members to
recognize the need for change.
One other point you made should be re-enforced. Cities are in
competition with each other for the best managerial talent. Highly
skilled managers will avoid positions that they believe will make them
especially susceptible to the changing political winds. Therefore, most
city councils realize that they should make the manager's job as
attractive and secure as possible. Most city managers have advanced
degrees in public administration and many years of experience.
Certainly I Winter Springs will want to retain or attract a city manager
with these qualifications.
334 887 49"36
96/:
P.04
eIJ"!' OF AUBURN
, .
OCT-06-2000 09:57
ID:334-887-4996
OCT 06'00
8:51 No.002 P.OS
The suggestion by the "People for Good Government" that the city
council be severely limited in its relationship with the city manager as
to terms of employment and compensation are not practical and would
be extremely harmful. Citizens have accountability at the ballot box. If
the elected officials act irresponsibly in their treatment of the city
manager, voters can exercise their right to replace them. City councils
have to have the authority to make decisions that are best for the
community. If that means granting a pay increase greater than other
employees receive in order to retain a very able city manager, they
should have the authority to do that.
Certainly, any corporation board of directors realizes that its most
important resources are the managers who make the company
successful. City councils also have to recruit and retain able
managers. Other cities need able managers and are willing to pay for
them to make the move to their cities. Winter Springs' city council
must have the flexibility to contract with its city manager so that it can
be assured of his continued service. Otherwise, Winter Springs may
either be a training ground for other cities or will have to settle for less
than the best manager who otherwise would be attracted to serve
there.
3. Referendum for Bond Issues. The suggestion that there should be a
referendum whenever the city council issues bonds is not a sound one.
Government in the United States is representative democracy. The
city council is elected to make decisions in the community's best
interest after thorough study. City councils have several restraints in
the issuance of bonds that help to safeguard the financial integrity of
the city government. First, the bonds of most cities are rated by
Standard and Poor's, Moody's, or one of the other rating agencies.
Ratings are assigned only after in-depth examination of the financial
and managerial capability of the municipality. If the city is not capable
financially of repaying the debt. the rating agencies will recommend
that investors not purchase them. Second, state law generally
establishes debt limits for municipalities, quite often as a percentage of
the assessed valuation of private property in the community. As part of
the issuance process, a qualified bond attorney has to attest to the fact
that the city is within its bond limits. Third, state law specifies the
purposes for which bonds may be issued, such as the construction of
infrastructure. Fourth, all bond issues are advertised extensively and
are acted on publicly which allow citizens ample opportunity to have
input on the advisability of issuing them.
Sometimes bond are issued for the benefit of a particular
neighborhood and those residents have the sole responsibility for
paying the debt service. In those situations, it is unfair for voters who
334 1::87 ,::I 9'36
'36:<
P.0S
C I 1:Y QF AI)BUR~j
. . , ,
I D : 334-887-49'36
OCT 06'00
8:51 No.002 P.06
will neither benefit by nor pay for the bond issue to have a voice in
whether the bonds are sold.
This is also the case for revenue bonds that are sold by utilities.
Revenue bonds differ from general obligation bonds in that the
revenues received by the enterprise service the debt on the bonds.
They are not based on the full faith and credit of the citizens through
the taxing power of the municipality to repay them. Investors have
enough faith in the soundness of the utility that they are willing to
purchase the bonds. If all utility issues had to be approved by the
voters, important investments in needed infrastructure may not be
made. Again, revenue bonds are also rated by the rating agencies and
bond attorneys have to attest to the legality of the issuance. If the
proposed requirement is placed on utilities to have all bond issues
approved by referendum, the municipality should consider privatizing
the utility as a policy alternative.
Not giving the people who are elected the authority to issue bonds
makes one believe that the voters do not trust their own ability or
judgment to elect intelligent, responsible people to office.
In conclusion, I agree with the recommendations that you have made and
believe that they are based on the experiences of cities across the country.
Certainly there is a vast academic and professional literature that can be
referenced that provides support to these positions. The wheel has been
invented and is in wide use. It seems wise for Winter Springs to learn from the
countless experiences of other communities and not try to reinvent the wheel.
OCT-06-2000 09:57
334 887 4996
96>;
P.06
~
-
"
MEMO
TO:
Charter Review Advisory Committee
FROM:
Jim Burgess
DATE:
October 3, 2000
RE:
City Charter of the City of Winter Springs, Florida
The following review and analysis ofthe city charter of the City of Winter
Springs, Florida (the "City") is for the purpose of providing recommendations to update
the existing city charter so that its provisions will be consistent with those of the seventh
edition ofthe Model City Charter published by the National Civic League. The Model
endorses the council-manager plan of municipal government. This analysis addresses
issues that are raised within the context of the council-manager from of government.
Article I. Corporate Name - Sec. 1.01
The language of Sec. 1.01 setting forth the name ofthe city as the "City of Winter
Springs, Florida" is consistent with that found in most city charters. It is recommended
that this provision be retained and included in a new revised Article I entitled "Name,
Powers, Boundaries."
Article II. Corporate Boundaries - Sees. 2.01, 2.02 and 2.03
Section 2.01 sets forth a lengthy metes and bounds description of the city
boundaries. It is proposed that this language be included in an appendix to the charter
and incorporated by reference. As authorized by general law, it is also proposed that the
new charter contain a provision requiring the City Clerk to maintain a current map and
written legal description of the city indicating its boundaries and election districts.
Sections 2.02 and 2.03 deal with property added by annexation since 1972 and
annexation procedures. Such provisions are not necessary for inclusion in the revised
charter, since an accurate, up-to-date boundary description should be maintained in the
city clerk's office. Annexation procedures are prescribed by general law.
Article III. Powers of the City - Sec. 3.01
This general powers provision is a standard provision found in most municipal
charters. It is based on the principle that the city should have all powers it may legally
exercise under the constitution and laws of the state. Again, it is suggested that the
powers provision be included in a newly revised Article I, entitled "Name, Powers, and
Boundaries."
Article IV. Mayor and City Commission
It is recommended that this article be renamed as the "City Council" and
designated as Article II in the new charter. This is consistent with the Model City
Charter, wherein a city council, elected by, representative of, and responsible to the
citizens of the city is the fundamental democratic element ofthe council-manager plan of
local government. Reference to the name of the governing body in the present city
charter, as "City Commission" is archaic language and a throwback to the commission
form of government, which is structurally different from the council-manager form. The
governing body is usually called the "City Council" in the council-manager plan.
Section 4.01(a), entitled "Composition," provides that election ofthe present city
governing body shall be at large with residence by geographical district. This is a highly
desirable charter requirement. It facilitates citizen input at the neighborhood level and
also assures that public issues are viewed by the governing body on a citywide basis.9
2
Cities with strictly at-large elections often find that members of the governing body are
elected from the same basic geographic area of the city, sometimes from the same city
block. Under the at-large system, questions may also arise with regard to the equitable
distribution of services or whether particular sections of the city are receiving partial
treatment. Residence by district combined with at-large election promotes diversity in
representation, and also tends to impede "pork barrel or ward healing" type of
representation.
The Model provides two alternative methods for electing the mayor. One
alternative is to elect the mayor at large. The second is to allow the council to select its
leader as mayor. There is a trend among council-manager cities to elect the mayor at
large. It is argued that this method increases the potential for mayoral leadership by
giving the mayor a citywide popular support base. The problem with this approach is that
the mayor may be in conflict with a majority of the council on key municipal issues.
Election of the mayor by and from the council may help avoid the possibility of conflict
between the mayor and council.
Under the present city charter, the mayor is elected from the city at large. The
mayor is prohibited from voting except in case of a tie vote. The mayor also has power
to veto ordinances, with a provision that his veto can be over-ridden by a four-fifths (4/5)
vote of the city commission.
The Model does not give a special voting status to the mayor. The mayor has a
vote just like any other member of the council. If the present composition of the
governing body were to remain at five members plus the mayor (total of six officials),
giving the mayor the power to vote creates an awkward situation in that the mayor could
3
vote to make a tie. If the present commission composition arrangement is retained, it is
recommended that the mayor not be given the power to vote, except in the case of a tie
vote. It is also recommended that the veto power of the mayor be eliminated since this
builds in conflict with the council as a unified policy body and the fact that the power of
veto is an appropriate provision in the mayor-council form of government where the
separation of powers principle applies. In the council-manager form of government, the
mayor is a member of the governing body and not a separate official.
If the decision is made to make the mayor a voting member of the council, it is
recommended that the number of members of the present governing body be reduced
from five to four members. This composition would eliminate the issue of the mayor
voting to make a tie since there would only be five members of the governing body. This
approach is consistent with the Model.
There is a provision in section 4.01 that states "districts shall contain as equal a
number in population as practical." This language is vague and should be revised to
reflect compliance with redistricting criteria that will be set forth in the "Elections"
article of the new charter.
Section 4.02, dealing with districts and adjustment of districts should be revised
and relocated in a new Article VI entitled Elections. Extensive revisions of this section
will be necessary for its provisions to be consistent with the Model City Charter. The
redistricting provisions must comply with the legal mandates resulting from
reapportionment litigation and the Voting Rights Act and its amendments.
The Model provides for an independent bi-partisan districting commission,
wherein no more than a specified number of commission members may belong to the
4
same political party. Following each decennial census, the districting commission
consults the city council and prepares a plan for dividing the city into districts for the
election of council members. The Model specifies the powers and duties of the
commission and sets forth certain districting plan criteria. It also specifies an approval
process for adopting the final redistricting plan.
Under the current charter, a districting commission, composed of seven electors,
one appointed by each commissioner and two appointed by the mayor from the city at
large, is created every three years. Procedures and a time period are provided for
submission and adoption of the redistricting plan. While this is a local policy question, it
is suggested that the redistricting provisions of the Model be followed and made a part of
the new charter.
Section 4.03, entitled "Election and terms," provides that "all elections shall be
for three-year terms of office." It is recommended that this section be revised to establish
four-year, staggered terms of elective office on the part of the mayor and council. A
majority of the council-manager cities in the country have four-year terms of office for
the mayor and city council members. The Model recommends four-year terms, and
where state election law allows it, elections should be held in odd-numbered years to
avoid confusion with state and national elections.
The arguments in favor of staggered terms are that this approach is desirable to
maintain continuity and to avoid radical swings in council composition. The argument
against staggered terms is that citizens should be able to change the direction of their
government at any election and not have to wait another two years to complete the
change.
5
If staggered terms were used, elections of council members would be held every
two years. The election process is structured so that at the initial election, the mayor and
two council members would be elected for a two-year term of office and the other three
council members would be elected for a four-year term of office. Thereafter, at two year
intervals, persons elected to fill expired terms on the governing body would be elected for
four-year terms of office, thus creating a staggering of the terms of office dating from the
time of the initial election.
The current charter in section 4.03(d) sets forth term limits of three consecutive
terms. While this is purely a local policy matter, in order to be consistent with the
Model, the provision on term limits should not be included in the new charter. The
argument against term limits lies in the democratic premise that voters should be allowed
to continue someone in office for as long as they want to, and if they become dissatisfied
with the office holder they can simply vote him or her out of office. Those in favor of
term limits argue that elected office holders should be turned out of office periodically so
that others can run for office, thus creating opportunities for new leadership.
Advocates in support of term limits argue that limiting an elective office holder to
a fixed number of terms assures periodic change in office, thus providing opportunities
for citizens with varying backgrounds, ethnic origins, and education and skill levels to
gain access to elective office. Often elected officials hold office for indefinite periods
due to name recognition, familiarity, voter apathy, and other reasons. (A good example is
Senator Strom Thurman of South Carolina.) It is also argued that term limits result in
more objective, independent and non-political policy making since the office holder
6
knows from the outset that he or she will occupy the office only for a definite period of
time. Consequently their decision-making is not as influenced by "getting elected again."
There is also a "power argument" raised in support of term limits. Officials who
hold elective office for long periods of time often possess immense political power and
control over the electoral process, and usually such long-term officer holders can raise
more money for reelection than their opponents can. Over time such office holders tend
to become insulated and unresponsive to day-to-day constituent needs and issues, and
they become more subject to the dominance of special interest groups.
Those opposed to term limits argue that in our democratic system, an office
holder should be allowed to stay in office for as long as the people desire. They further
argue that the ballot box is where the term begins and ends. If citizens wish to remove an
elected official, they simply vote him or her out of office. It can also be argued that term
limits lead to a loss of valuable experience and knowledge gained by many legislators
during their tenure in office in dealing with public policy issues. In addition, the
imposition of term limits on elected officials may in fact cause instability among
governing bodies through constant turnover in elected offices.
Ifthe Charter Review Advisory Committee decides to recommend that term limits
be continued in the new charter, clarifying language is needed to set forth what length of
time constitutes a full term.
Sec. 4.04, entitled "Compensation; expenses," is basically consistent with similar
provisions contained in the Model that allow the city council to fix the annual salary of
mayor and council members by ordinance. The present charter provision limits an
7
increase in compensation from becoming effective until six months after the next election
following the adoption of the ordinance. The Model simply states that any increase in
salary shall not become effective until the date of commencement of the terms of council
members elected at the next regular election. Also, to be consistent with the Model, Sec.
4.04 should be revised to provide that reimbursement of expenses would be based on the
"actual and necessary" standard as related to the performance of official duties of office.
Section 4.05, entitled "Mayor," is inconsistent with the Model in a number of
respects. First, the Model does not make the mayor the "chief executive officer of the
city. Second, the mayor does not assume the duties ofthe city manager when the city
council fails to appoint a manager. Third, the Model Charter does not give the mayor a
special voting status (e. g. no vote except in case of a tie vote) or the power to veto
ordinances. The Model argues that such provisions impede rather than enhance the
mayor's capacity to lead and confuses the mayor's role with that of the executive mayor
in a mayor-council city.
Section 4.05 of the present city charter provides that 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
charter. (Emphasis added) Section 5.01 on appointment of the city manager is
permissive in that it provides that the commission may appoint a city manager. The
proviso in the language of Section 4.05 apparently applies when the commission acts
affirmatively to appoint a city manager as authorized in Section 5.01.
A potential problem occurs when these two sections are applied in practice. If
the city commission fails to appoint a city manager, the mandatory language of Section
8
4.05 applies, and the mayor by law takes on the added functions of the city manager. As
a result, a change in the form of government occurs without any vote or action by the
citizens. While this may have been the original intent of the drafters of the present city
charter, the present provision allowing a change in the form of government is not
consistent with the Model City Charter.
The mayor under a council-manager form of government is not an executive as in
the case of the elected executive in the mayor-council form of government. The mayor,
however, is in a unique position to be the political and policy leader of the city. In the
council-manager city, the mayor is the presiding officer of the council and the ceremonial
head of the city. Since the mayor is not the executive with day-to-day responsibility for
city operations, the mayor is allowed to focus attention on major policy issues, advocate
programs on behalf of the city and facilitate various initiatives and activities.
As stated in the Model, there are three facilitative roles that give the mayor
enormous leadership opportunities. "First, the mayor can coordinate the activities of
other officials by providing liaison between the manager and the council, fostering a
sense of cohesion among council members and educating the public about the needs and
prospects of the city. Second, the mayor provides policy guidance through proposing
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." (Model City Charter, p.21)
The provision in the present charter allowing the governing body to elect a deputy
mayor to act as mayor during the absence or disability of the mayor is consistent with the
Model.
9
Section 4.06, entitled "General Powers and duties," should be restated under the
powers provision in a newly drafted Article I entitled "Name, Powers, and Boundaries."
Section 4.07, entitled "Prohibitions; holding other office," needs to be revised and
expanded for consistency with the Model. There should be a provision in the new
charter prohibiting council members from controlling or demanding the appointment or
removal of any city administrative officer or employee whom the manager or any
subordinate of the city manager is empowered to appoint. Except for the purpose of
inquiries and investigations, the members of the city governing body should deal with
city officers and employees who are subject to the direction and supervision of the city
manager solely through the city manager.
Section 4.08, entitled "Vacancies; forfeitures of office; filling of vacancies," is
consistent with the Model.
Section 4.09, entitled "Judge of qualifications," is consistent with the Model.
Section 4.10, entitled "City Clerk," is not consistent with the Model. Under the
present charter, the mayor appoints the city clerk with the approval of the city
commission. Under the Model Charter, the city clerk is appointed by the city governing
body. The city clerk is a special officer ofthe council and is responsible for recording its
official proceedings.
Sections 4.11, 4.12, 4.13, 4.14, 4.15, and 4.16, relating to Investigations,
Independent audits, Procedure, Actions requiring an ordinance, Authentication and
recording are all consistent with the Model.
10
Article V. City Manager
Section 5.01, entitled "Appointment; qualifications, compensation," is
inconsistent with the Model in that appointment of the city manager is permissive and not
mandatory. The present charter provides that the commission "may" appoint a city
manger, whereas the Model City Charter provides that the city council by a majority vote
of its total membership "shall appoint a city manager." The present charter provision is
further inconsistent with the Model Charter in that the mayor is given the administrative
duties of the manager in the event the commission does not appoint a city manager.
Section 5.02, entitled "Removal," is inconsistent with the Model with regard to
the removal process of the city manager. Under the present charter, the city manager is
subject to removal by motion of the city commission requiring four (4) affirmative votes,
with 30 days severance pay. The Model Charter establishes a removal process under
which the city manager is first suspended by resolution approved by a majority of the
total membership of the city council. The resolution must set forth the reasons for
suspension and removal. The city manager has fifteen days in which to reply in writing,
and upon request is given a public hearing within a specified timeframe. After the
hearing, the city council by a majority vote of its membership may adopt a final
resolution of removal. The approach of the Model City Charter is to provide an orderly
removal procedure when a manager declines to submit his resignation at the request of
the city council. The hearing requirement is an additional protection to assure that any
unjust charges may be dealt with and answered.
The process for removal of the city manager is a local policy question. Many
cities do use the extraordinary vote requirement of the governing body for removal of the
11
city manager. It certainly helps stabilize the political relationship between the governing
body and the city manager and mitigates political divisions on the council with regard to
its feelings about the manager's performance. The provision of the present charter
concerning "30 days severance pay" should be deleted since this is a matter that should
be dealt with by employment contract between the governing body and the city manager.
Section 5.03, entitled Powers and duties of the city manager," is consistent with
the provisions covering this same subject matter in the Model.
Section 5.04, entitled "Acting city manager," is consistent with the Model.
Article VI. Administrative Departments
It is proposed that this article be revised, redesignated as Article IV, and entitled
"Departments, Offices and Agencies." This organizational arrangement is found in the
Model, and it includes provisions relating to the creation of departments, offices or
agencies by the city council, a personnel system, the legal officer (city attorney), and city
planning.
Section 6.01, entitled "Power of commission to establish," relates to the
commission's power to establish departments and is consistent with the Model. This
approach leaves the detail of specific operating departments to ordinance or
administrative code. Further, it does not clutter the charter with operational detail that
would require charter amendment whenever change is necessary.
Section 6.02, entitled "City attorney," provides for appointment of the city
attorney by the mayor and approval by the city commission. The Model City Charter sets
forth three alternatives for appointing the city attorney. The first is for appointment of
the attorney by the city manager. The second is appointment of the attorney by the city
12
manager subject to confirmation by the city council. The third alternative is appointment
of the city attorney by the city council. The preferred approach in most cities is for
appointment ofthe city attorney by the governing body. This is consistent with the fact
that the city attorney in most instances is the legal officer for the entire city as a single
entity.
Article VII. Financial Procedure
The provisions of this article set forth the city's fiscal year and operating budget
procedures. Similar provisions are contained in the Model City Charter. The Model
Charter, however, contains additional provisions with regard to preparation, submission
and adoption of a multi-year capital program. It is recommended that the new charter
incorporate the Model provisions for adoption of a capital program. The procedural
aspects of financial administration, however, should be prescribed by ordinance.
Article VIII. Nominations and Elections
It is proposed that this article be revised, redesignated as Article VI and entitled
"Elections" in the new city charter. Provisions concerning elections, election districts,
and initiative and referendum are generally scattered throughout the existing city charter.
The preferred drafting approach is to locate all matters relating to a similar subject in the
same article.
Section 8.01, entitled "The city elections," provides that regular city elections
shall be held on the first Tuesday following the first Monday in November of each year
an election is held. Section 8.02 defines qualifications for voting in city elections.
Section 8.03 provides that the city commission shall adopt procedures for conducting
municipal elections by ordinance.
13
The provisions of Article IV entitled "Elections" of the Administrative Code set
forth procedures that govern the calling and conduct of municipal elections. Being a part
of the administrative code, these provisions were adopted as ordinances, dating back to
1974. Each of these ordinance provisions should be reviewed by the Charter Review
Advisory Committee for the purpose of deciding which of the various provisions should
be included in the body of the new charter. The Committee will also need to review the
current code requirements on municipal elections for the purpose of determining whether
it wants to recommend any change in existing requirements.
Certain of the current administrative code provisions are substantive in nature and
should be included in the body of the elections article of the new city charter. Examples
of such existing administrative code provisions include Sec. 2-86 (Nonpartisan elections
required); Sec. 2-87 (Qualification of Candidates); and 2-88 (Qualifying fees). The
remaining provisions are primarily procedural in nature and are appropriate for enactment
as ordinances.
Article IX. Initiative and Referendum
Article IX of the present city charter contains extensive provisions regarding
initiative and referendum. These provisions give the voters of the city the power to
propose ordinances and the power to require reconsideration by the commission of any
adopted ordinance. Any five qualified voters may commence an initiative or referendum
proceeding. Such petitions must be signed by ten per cent of the total number of
qualified voters registered to vote. Procedures are prescribed for filing of petitions, and
for action on petitions.
14
"I ,>.
The Model City Charter does not include a detailed provision on initiative and
referendum. There is, however, no reason not to carry forward the current city charter
provisions with regard to initiative and referendum. If these provisions are carried
forward, they should be included in the new charter under Article VI, entitled
"Elections. "
Article X. Amendments
Section 10.01 states that amendments to the charter may be proposed and adopted
by the legislature of the State or by the city commission pursuant to home rule powers
granted under the Florida Constitution. Since this subject matter is covered by general
law and the constitution, there is no need to include this provision in the new charter.
Article XI. Severability.
A severability clause is a necessary precaution and should be included in the new
charter.
Article XII Powers
It is recommended that Section 12.01 on powers be retained and placed in a new
Article I, entitled "Name, Powers, Boundaries."
Article XIII Transitional Provisions
A transitional provision article is standard procedure for inclusion in revised city
charters. It is necessary to assure continuity of existing ordinances and resolutions, and
protection of rights and contracts.
Final Note
As a matter of style and drafting, the entire charter document should be reviewed
to remove all sexist language in order to assure that the final document is gender neutral.
15
CHARTER AMENDMENT # 9
CITY MANAGERS SALARY.
ANALYSIS AND RATIONAL.
OCTOBER. 2000.
SECTION 5.01 (C)
THE FOLLOWING TABLES ILLUSTRATE THE RATIONALE OF KEEPING THE
CITY MANAGER'S SALARY INCREASES ON THE SAME PERCENTAGE
BASIS OF THE REST OF THE EMPLOYEES THAT WORK FOR THE CITY OF
WINTER SPRINGS. YOU WILL NOTE THAT THE AFTER 5 YEARS, USING A
FLAT 6% ANNUAL INCREASE, THE DOLLAR PARITY RATIO WIDENS IN L-
FAVOR OF THE CITY MANAGER CONSIDERABLY. MORE IMPORTANT IS<-
THE FACT THAT EVEN THE LOWEST PAID EMPLOYEE'S MORALE WOULD
BE GREATLY UPLIFTED WHEN THEY REALIZE THEY RECEIVE THE SAME
PERCENTAGE RAISE AS THEIR MANAGER. ~
CITY MANAGER: LOWER PAID EMPLOYEE:
BASE SALARY: $ 100,000.00 BASE SALARY: $ 20,000.00
AFTER YEAR 1: $ 106,000.00 AFTER YEAR 1: $ 21,200.00
AFTER YEAR 2: $ 112,360.00 AFTER YEAR 2: $ 22,472.00
AFTER YEAR 3: $ 119,101.00 AFTER YEAR 3: $ 23,820.00
AFTER YEAR 4: $ 126,247.00 AFTER YEAR 4: $ 25,249.00
AFTER YEAR 5: $ 133,822.00 AFTER YEAR 5: $ 26,769.00
NOTE:
(a) FRACTIONS NOT INCLUDED.
(b) BASE SALARY FIGURE FOR EXAMPLE ONLY. PERCENTAGE CAN BE
RAISED OR LOWERED.
SECTION 5.01 (d) City Manager's Performance Appraisal, must be required.
SECTION 5.01 (e) City Manager's Contract Term, must be taken into account
with Section 5.01 (d).
CITY OF
D
FLORIDA
PUBLIC NOTICE
The City of Maitland Charter Review Commission will hold a Public Hearing
for the purpose of receiving public input regarding the Charter review process.
AGENDA
(1) Call to Order
".;: (2) Pledge of Allegiance
,",,'
(3) Roll Call
(4) Approval of Minutes of 4/21/98
(5) Public Hearing/Public Period
(4) Discussion
(5) Any Other Business the Commission Deems Advisable
(6) Adjourn
MINUTES OF THE CHARTER REVIEW COMMISSION WAS HELD ON
APRIL 21, 1998, CITY HALL, COUNCIL CHAMBERS
Chairman Raymond Link called the meeting to order at 4:05 PM and led the Pledge of Allegiance.
Present were Commission members Kerry Godwin, David Libert, Linda Schuck and Thelma
Scott; attended by Facilitator/Coordinator Marilyn Crotty and Recording Secretary Maria
Waldrop. Steven Beumer and James Panico were unavoidably absent. Guest present was Mayor
Robert Breaux.
PUBLIC HEARINGIPUBLIC PERIOD
Chairman Link opened the Public HearinglPublic Period. There being no one who wished to be
heard, Chairman Link closed the Public HearinglPublic Period.
ORGANIZA TIONIDISCUSSION
Chairman Link announced the dates, times and locations for future meetings of the Charter
Review Commission. A motion was made by Mr. Godwin to accept the schedule for the Charter
Review Commission as presented (see attached). The motion was seconded by Mr. Libert and
unanimously passed.
Chairman Link stated that the Commission needed to elect a Vice Chairman. A motion was made
by Mr. Godwin to elect Mr. Libert as Vice Chairman. The motion was seconded by Mrs. Schuck
and unanimously passed.
Chairman Link stated that he would like to establish a process for every meeting to include a
public period. This process would allow for anyone who wished to be heard to have appropriate
time on the agenda. A motion was made by Ms. Scott to include a public period to allow public
participation at the meetings of the Charter Review Commission. The motion was seconded by
Mr. Godwin and unanimously passed.
Chairman Link stated that the next item would be the adoption of By-Laws. The Recording
Secretary was asked to provide a copy of another commission's bylaws. A draft of the by-laws
will be pro\ided to the Commission before ~ the next meeting for review prior to adoption.
Chairman Link introduced Marilyn Crotty. Ms. Crotty stated that her role is to assist in the
Charter Re\iew Process as a facilitator and is not limited to arranging for speakers, gathering data
from other municipalities, etc.
Page lof2
04/21/98
"
Chairman Link presented an overview of the City's current Charter including its development. He
stated that in 1990, a Charter Commission was formed consisting of former Mayors to review the
Charter and they brought forth three charter issues which were placed on the ballot. The three
questions were: the terms of the Mayor and Councilmen; that the Mayor and Councilmen will be
limited to two consecutive terms; and the filling of vacancies.
For the next Commission meeting, Ms. Crotty is to provide an organizational structures
comparison of local governments in the area. Some of the areas to be covered are: single member
districts, pros & cons of term limits, length of terms, forms of government, number of members
on a Council, salary, and filling of vacancies.
Mr. Godwin requested of the Recording Secretary that a schedule of the remaining meetings of
the Charter Review Commission be placed in the future edition of the TEMPO.
There being no further business to come before the Commission, the meeting adjourned at 5:40
P.M.
CITY OF MAITLAND
CHAIRMAN
ATTEST:
RECORDING SECRETARY
Page 20f2
04/21/98
)
CITY
OF
D
FLORIDA
PUBLIC NOTICE
The City of Maitland Charter Review Commission will conduct a series of Public
Hearings for the purpose of receiving public input regarding the review process and
proposed amendments to the City Charter.
The following is a schedule of meeting dates, times and locations:
April 21, 1998 4:00 PM Maitland City Hall Council Chambers
May 12, 1998 7:00 PM Maitland Public Library
June 9, 1998 7 :00 PM ~,^Io\. '- ~ b;;\
Maitland.Gity.I1<1U Cu, . ~L_ml>...~"
{ ) July 14, 1998 7:00 PM Maitland City Hall Council Chambers
August 11, 1998 7:00 PM Maitland Public Library
September 8, 1998 7:00 PM Maitland City Hall Council Chambers
Any person who desires to appeal any decision made at this meeting or hearing will
need a record of the proceedings and, for this purpose, may need to ensure that a
verbatim record of the proceedings is made which includes testimony and evidence
upon which the appeal is to be based. Persons with disabilities needing assistance to
participate in these proceedings should contact the City Clerk's office (539-6219) 48
hours in advance of the meeting.
)
/
\
":.t:.
(
C/.l
Z
o
~
~
o
u
~
r..Ll
~
U
Cl) ....
,5 g
~~
C\l 0
p...U
..c::
-se:
e:: 0
o 5
50
oS
~~
~ I
1_
"- '0
o e::
~::l
~8.o
Cl)
all
...
!S
I
<
Cl)
e::
o
Z
u
Cl)
III
e::
o
o
t"l
III
...
C\l
Cl)
>.
M
]
M
vi
-
-
-
:E
-
"'c:l --..
~ ~
_ e::
0; e
~Q,
-
r-
oo
~
+
-S-u
e:: ;;.
o C\l
5 ~
Cl)......V)
g8r-
~"1-
e::~
~
o
ii
t.L.
'-
o
Cl)
,5 U
.... l:l
~e:
C\l 0
p...U
I
...
o
>.
C\l
~
vi
o
5
\0
Cl)
e::
o
Z
5 5
5 ;;..
o C\l
u~
I I
III III
~~
t"l M
-
-
'S
00
-.0
V)
-
-
:E
r-
00
-T
M
V)
M
III
all
e::
'c
0..
en
Cl)Q)'
Eo
o e::
~ 's
.... Cl)
-en
<........
Cl) U
,~ l:l
~e:
C\l 0
o...U
+-u
d ;;.
o l:l
5 ....
......0
OV)
g-
(A
..c::
e:
00
58
0::::
OV)
V)t"l
~~
I e::
o
'13 "'c:l
e:: Cl)
::l III
o C\l
uoo
....!.
'13
e::
::l
o
U
:i8
g ~..c::
.- 0
e,j ;;.. ~
~~~
...
C'O
Cl)
;;..
Cl.I
e::
o
Z
III
....
C'O
Cl)
>.
-T
-
'S
V)
o
M
's
o
\0
r-
M
oc
N
-i
--..
C'O Cl.I
,.:.::all
o..e::
8.~
<Q,
Cl)
.~ g
I~
~ e::
'" 0
o...U
-u
;;.
~ ~ ~
--C''''''o
885
~~~
e::~+o
,9
.... -
(fj '0
:; 3
o
U
...
C'O
Cl)
>.
u
Cl)
III
e::
o
u
M
III
...
'"
Cl.I
>.
M
-
's
o
M
'S
o
00
\0
o
o
o.
V)
N
c--..
... Cl)
~o
_ e::
~ 's
III Cl)
"'en
u........
I 1_
""" .....0
o ~ 3
~~8
eueuEo
-;- ~ '-1 ~ -;- ~
~ e:: ~ e:: ~ e::
'" 0 '" 0 '" 0
p...Up...Uo...U
"" ...
~c3
00
"1-"1-
\0. V)
00 ~
~ I
1_
.... '0
o e::
~::l
~8
""......
<'0
00
0"1-
"1-V)
\0 ~
~ .
Cl)
e!>
C\l
"i'
<
III
..c::
e:
o
5
\0
Cl)
e::
o
Z
III
...
'"
~
"1-
-
's
0\
00
t"l
M \0 V)
cO \0=00=
~ ] ~ 's ~ 's
00
0\
o.
M
-
o 0
5.€
......0
0"1-
"1- .
, 0
00
0"1-
"1-~
~ I
..., aJ ...., G)
III III all
oEoE
.5 ia .5 ia
~ e:: ~ e::
::3&::3&
...
'"
Cl)
>.
u
Cl)
III
e::
o
o
t"l
~
~
~
-T
]
M
o
-
\0
-T
-
-
-
III
.~
::l
U.l
1:=
... u
~3
~8
i='
UviU
...: 0 'C
;;.. 5 V;
~\O:.a
Cl)
e::
o
Z
III
...
C'O
!l.l
~
M
-
's
\0
-.0
-
N
r-;,
M
-
"'c:l
,~
.... '-
1:>0
~
e::
e::
'"
Cl)
III
'"
~
u
.5
Cl) U
,~ l:l
'e:
~ 0
~u
....
III
o
U
~ ~
~.-
o '"
c.....
~ .S
B~
...
~~
<'0
00
00
V) "1-
"1- ~
~
I
""" '0
o e::
>'::l
'" 0
~u
..c::
~
'"
~
.;
III
I ,_
_"'c:l
.... '0 ~
o Cl) e::
~aIl::le::
~ E 8 'Vi
I
....
'"
Cl)
e::
o
Z
Cl)
e::
o
Z
III
...
'"
Cl)
;;..
t"l
]
0\
t"l
t"l
-
-
's
V)
-T
r-
00
r-
V)
00
-
--..
Cl)
all
~ e::
o '"
o ...
oQ,
Cl.I
.5 U
.... '"
I ...
~e:
'" 0
o...U
Cl) U
.g e
Ie:
~ 0
~U
..c::
d -5e:
o e:: 0
.€ 0 5
~~~2g
l:lo~g~
.... ~
d
o
5
......
o
o
-
~
o
I
...
o
~
~
Cl)
all
...
!S
I
<
...
'"
Cl.I
;;..
u
Cl)
III 00
e:: III
o ><: ...
u C\l ~
t"l 5 ;;..
...
'"
Cl)
;;..
M
-
]
M
V)
-
-
'S
o
V)
M
\0
o
-
6
-
..c::
u
C'O
Cl)
00--..
Cl)"'c:l
:E ~
- ;;.
~ ~
~6
-
'13
e::
::l
o
U
I:::
5 g
~::l
~8
..c::
~
'"
~
-s
~ I Cl)
· .... - e
8 ~ Og ~
geese::
.2; U 'Vi
III
...
'"
Cl)
>.
t"l
Cl)
e::
o
Z
III
...
'"
~
t"l
-
-
's
r-
N
"1-
-
-
's
\0
"1-
M
M
-
"1-
t"l.
-
e::
Cl)
"E
c3-
Cl)
~~
,s e
~Q,
Cl)
,~ R
~e:
'" 0
p...U
..c::
-5c
C 0
o 5
.€O
00
Ot"l
M~
~
I ,_
... 0
9 e::
~::l
~8
..c::
o
....
'"
~
CU-
all
...
!S
I
<
Cl.I
e::
o
Z
o
Cl)
III
e::
o
o
"1-
III
...
C'O
Cl)
>.
M
-
-
's
t"l
l/'\
-
-
:E
0\
o
r-
V)
..;
t"l
~
C\l
p...Q)'
~ ~
,s e!
~Q,
BY LAWS FOR THE
CHARTER REVIEW COMMISSION
OF THE CITY OF MAITLAND, FLORIDA
ARTICLE I - OBJECTIVES
The objectives and purposes of the Charter Review Commission, are to examine, review, study,
update, and modernize the City Charter, to ensure that it provides the best government structure
and guideline possible for the type of city into which the City of Maitland is evolving and for
consistency with state and federal laws.
ARTICLE II - OFFICERS
SECTION L Officers of the Commission.
The officers of the Commission shall consist of the Chairperson and Vice Chairperson:
The Chairperson shall be elected by the City Council and Vice Chairperson by the Commission.
SECTION II. The Presiding Officer.
The Chairperson shall be the presiding officer (hereinafter: the "Presiding Officer") at
meetings and hearings of the Commission and shall perform all duties as described by proper
parliamentary procedure. The Presiding Officer's general duties are:
.0 1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
To open and call the meeting to order;
To announce the business to be conducted;
To recognize members entitled to the floor or to recognize individuals seeking to
address the Commission;
To state and put to a vote all questions which are regularly moved or necessarily
arise in the course of proceeding;
To announce the result of the vote;
To move proceedings forward as much as shall be reasonable and appropriate by
seeking to avoid redundant or repetitive presentations or remarks by individuals
addressing the Commission;
To require order and sincerity in meetings;
To inform the group present as to a point of order or a practice pertinent to
pending business;
To authenticate, by signature when necessary, all actions, orders, and proceedings
of the Commission;
To establish time limits for presentations at the meetings, as deemed appropriate
by the Presiding Officer.
The Presiding Officer shall conduct business only for the benefit of the Commission and
shall reflect no personal prejudice in any matter.
1
SECTION III. Vice Chairman.
The Vice Chairperson shall assist the Presiding Officer in any way possible subject to the
Presiding Officer's request. Upon the absence of the Presiding Officer, the Vice Chairperson shall
automatically act as the Presiding Office of the Charter Review Commission.
SECTION IV. Executive Secretary and Administrative Assistant.
The City Manager is to provide a recording secretary. The Recording Secretary shall
assist the Commission and shall be responsible for carrying the following duties:
1. Keep records and minutes of meetings and hearings of the Commission;
2. Keep a record of the members and call this roll when required;
3. Notify Commission members of upcoming meetings, time and location;
4. Record the number of votes for and against each question put to a vote;
5. Arrange proper and legal notice of hearings;
6. Attend to correspondence of the Commission and such other duties as are
normally carried out by a secretary or as authorized by the Presiding Officer of the
Commission, as may be reasonably required by the Commission for the proper
performance of its duties.
ARTICLE m.
MEMBERSHIP
SECTION I. Absence from Meeting.
If any member is absent from three (3) consecutive regular meetings, that member is
assumed to have resigned from the Commission and the City Council shall fill such vacancy for
the reminder of the term.
ARTICLE IV.
MEETINGS
SECTION I. Time of Meetings.
The Commission shall meet once a month. The scheduled meeting dates, times and
locations are as follows:
May 12, 1998
June 9, 1998
July 14, 1998
August 11, 1998
September 8, 1998
7:00 p.m.
7:00 p.m.
7:00 p.m.
7:00 p.m.
7:00 p.m.
Public Library
Council Chambers
Council Chambers
Public Library
Council Chambers
2
SECTION II. Quorum.
The Commission shall consider a quorum present when a super majority of the total
members of the Commission is in attendance.
SECTION III. Special Meetings.
The Presiding Officer may call special meetings with forty-eight (48) hours written notice,
provided a quorum can be assembled.
SECTION IV. Transcription of Meetings.
All meetings of the Commission shall be public and shall be taped recorded.
ARTICLE V. PROCEDURE
SECTION I. Order of Business.
The order of business at regular meetings shall be as follows:
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Approval of Minutes
5. Public HearingfPublic Period
6. DiscussionlPresentation
7. Any Other Business the Commission Deems Advisable
8. Adjourn
"Any Other Business the Commission Deems Advisable" shall be time period open to discussion
and announcements by members of the Commission.
SECTION II. Rules of Procedure.
Unless otherv.ise set forth in these by-laws, the provisions of Roberts Rules of Order,
most recent edition, shall be the parliamentary rules of Procedures which shall guide all
Commission meetings. Questions or statements made by the members of the Commission, the
General Public, or staff shall be directed to the Presiding Officer. The failure to follow the
procedures set forth in these by-laws shall not be a basis upon which any person or legal entity
may seek an invalidation of any action taken by the Commission.
3
~
I hereby certify that these by-laws were duly adopted as the By-laws of the City of
Maitland, Charter Review Commission, and that these by-laws were properly adopted at a
meeting of the aforementioned commission held on the 12th day of May ,1998.
Raymond A. Link
Chairman
Attest:
Recording Secretary
4
, W'
e u
~
.... ...
'e
t:: 0
~u
...
..c::e
e 0
o ::::
8~
CO
~iA
iA ·
.
.... '0
o c
.....='
~8.o
vi
0.0
::l 0
f-u.
......
o
r/)
z
o
r/)
~
~
o
u
c.::::
UJ
~
U
o
00
...
,.:s
I
<:
o
C
o
Z
u
o
'"
C
o
U
N
'"
...
~
(\)
.....
M
's
M
'"
:c
r-
oo
~
"'0 ,......
c (\)
,.:sgp
.... ~
0; ....
~Q,
Cl)
,5 u
.... ~
*c
'" 0
o...U
+ + 'U
-S'Ud;..
g E ~ ~
8....-.0
(\)-.",0",
u8r-~-
C"T-~
~(,A
:a
...
o
.
...
o
.....
~
~
vi
o
E
\0
(\)
C
o
Z
E ~
E ;..,
o '"
U::;;
I I
'" '"
... ...
~ ;,...
N M
-
's
00
..0
'"
:c
t-
00
"T
M
'"
M
'"
00
C
'c
c..
en
(\)V'
e'O
o =
~ '5
.... Cl)
<~
....!..
'(3
c
='
o
U
Cl) U
,g ~
t:c
'" 0
o...U
..c::
e
00
80
-.0
0-
0;;:;
tl')N
iA iA
C
,_ 0
g13
=' '"
o '"
UCQ
:: s
o 00
cc.t::
o.r:-- ~
o~~
1
~li
;... s: :r
-<;t-
Cl)
C
o
Z
'"
...
'"
(\)
.....
"T
-
's
'"
o
M
-
-
's
o
\0
r-
M
00
N
.,;
,......
'" Cl)
.,:0:00
c..C
8.~
<Q,
Cl)
,g g
.tl
t:: c
'" 0
o...U
eueueu
'':: r: .;:: E: -= ~
tetete
'" 0 '" 0 '" 0
o...Uo...Uo...U
~
llo
!.:~ 0 13
Cl)"-... !,- OE E',:::"""
.... ~.................... ... 0
O~":-'~OO~et:i
E&8~~~o~8
~~;;;\Ovigoc
:; ~ ~ ~ w; ~; a ~,~
. I . _ u 0 ~
.....0 .....0 .....0 ~ 0. ....
~ 3 ~ 3 ~ 3 ~ ~ ,5
~8~8~8.s.9E
...
'"
Cl)
.....
u
o
'"
=
o
U
M
J'
""'~
.0';:
~ -+,)
II} ..~1 .~
a"" 'tv
0-
.....('\.
M
-
-
's
o
M
-
-
's
o
00
\0
o
o
o
vi
N
E'V'
,g'O
- =
ll;l's
'" 0
"'en
U'-'
Cl).,r.
~1
<:~
....., C) .... C1)
'" '" 00
csaCSE
, I
.5 '; .5 ~
~ 3 ~ 3
:::30::::::30:::
'"
..c::
e
o
E
\0
i:'
Uviu
~ 0 "5
;... E '"
-\O:a
...
~
Cl)
.....
Cl)
C
o
Z
u
Cl)
'"
C
o
U
N
Cl)
C
o
Z
III
...
~
(\)
.....
"T
~
'"
Cl)
.....
"T
III
...
'"
Cl)
.....
M
-
's
0\
00
N
's
-
's
\0
..0
-
M
o
-
M \0 '"
o ..0 00-
~ 's ~ E ~ 's
00
0\
o.
M
-
\0
"T
N
M
M
-
-
-
(\)
,5 u
"i'~
t:: c
'" 0
o...U
...
...<-
<-0
00
00
tI')~
"T iA
iA .
I:::
... u
o c
~='
~8
..c::
~
'"
~
. .~
_"0
ts .0 .g
..... ~ 3 __
~ ... 0
~ ,.:s U ';r.
.
~
Cl)
c
o
Z
(\)
c
o
Z
III
...
'"
Cl)
.....
N
-
's
0\
N
N
-
]
tI')
"T
r-
00
r-
'"
00-
-
,......
(\)
00
~ C
o '"
u ...
oQ,
Cl)
E
''::: g
...
t::c
~ 0
o...U
d d
o 0
E 8
-. -.
8-u;;=;
-;;.~
(,A Eo
0....
.
...
o
.....
~
~
(\)
00
...
,.:s
I
<:
...
~
Cl)
,.
"1.-"\
u.'lif ~ ':Ii
Cl) :!
~ oe III
o ~ ...
u co: ~
N E ....
...
'"
(\)
.....
M
's
M
'"
-
-
's
o
'"
M
\0
o
-
o.
.t::
u
~
Cl)
CQ,......
:E~
'U ~
~ ...
ene
Cl)
,5 u
"i'~
t:: c
'" 0
o...U
..c::
-SC
c 0
o 8
'U.€c
eg~
...MiA
iA
-
'(3
c
='
o
U
I:::
... u
o c
~='
::;;8
..c::
u
...
'"
::;;
-<:;; "'i~'::-';'~
~ '/8
I Cl)
I ;::: e
~..g~
~~ 6 C
::;; U'(;i
III
...
~
Cl)
.....
N
Cl)
c
o
Z
'"
...
'"
Cl)
.....
N
-
-
's
l--:
N
"T
-
-
's
\0
"T
M
M
-
"T
N
-
=
-E
'"
d'O'
t gp
.s ~
~Q,
Cl)
8 u
''::: ~
~ g
o...U
-S~
g~-l
8-'J
-.0
00
~~..;
iA . (;
I .~
.... '0
o C
~='
::;;8
t~~..s; u
.,,:-+ 1 ~ C5
. .~
fj _.-e ' *
....cof u.-,-
'" J
::;; ," tin
0-
~
,.:s
~
Cl)
C
o
Z
u
Cl)
III
C
o
u
"T
~
'-.,
~
I.. '1
*
~ :/
'" C/
~
M
-
-
's
N
'"
-
-
:0
0\
o
r-
'"
.,;
N
~
'"
0...'0'
... 00
~ c
,5 ~
~Q,
10/04/2000 15:25
4072963422
MTN ENGINEERING INC
PAGE 01
Winter Springs Charter Revision Proposal
Submitted by Andrew C. Zacharias
407-327-9022
Proposal One:
Purpose: To better serve the needs oftbe diverse citizens of Winter Springs.
I believe the Winter Springs City Charter should recognize and address the
socioeconomic differences in the community. Ordinances appropriate for a particular
section of Winter Springs may be inappropriate for sections ofa different affluence.
I propose that the city be divided into sections~ probably three, based on property value.
All ordinances must have separate votes for each section. The ordinance would only
affect the sections witb a positive vote. Any registered voter of Winter Springs may ask
that ordinances already passed be reviewed for his section.
Proposal Two:
Purpose: To encourage community involvement in the government of Winter Springs.
I propose electronic access to the city commissioners and meeting agendas by the
registered voters. Currently this access would be through the internet but the medium
may change over the years.
The registered voters of Winter Springs must have at least a week's access to ALL
proposals to be voted on by the commissioners. Confidential electronic cormnents,
limited to 500 characters, and voting recommendations may be submitted to the
commissioners electronically. By law, the commissioners would be required to review all
comments before voting on the issue, He would receive a tally of the desires of the
registered voters.
Voting records of the commissioners would be available. For each registered voter, a
confidential correlation between how the commissioners voted and how the registered
voter expressed his desire for the commissioners to vote would be available.
This would be especially valuable at election time to permit the voter to judge the
performance of the commissioners.
Registered voters would each receive a login name and password as a security measure.
FILE No. 224 09/01 '98 16:57 10:
407 897 0977
PAGE 2
[;L ST Ii 101.161
Weld's F.S.A. ~ 101. Hil
PaRe I
W":ST'S 1o'1.0RIOi\ STATUTft:S ANNOTATEO
Tn'U: IX. t:....:CTORS ANI) l<:LEC'f10NS
CIIAIJ'n:R 101. VOTING METIIOUS ANI) I)ROC..:OVRE
Copr. 4:) West (irnul' IWH. All rig.hls reserved.
Currenl thruugh Entl elf 1997 ISI ~eg. Seils.
101. Ill!. Refe:rcooll: balltlls
(II Whenever :I cnnslilulinnOlI ilmcndmcllI or nlhL:r puhlic mC./llIllrl; ill lIubmiucd 10 Ihc vOle: of Ihe peu(lle. lhe:
lIulllllancc of :;uch Ilmcndme:nl (II' olhcr puhlic lJ\C;ISUrC shull be printt.'(j in clear anll ullllmtJiJtuou.'l language on the
h.lllnl ..rtcr lhe lisl of c:lIldidules. followed hy IIle wnrd Wye~W IInd also by the WOI'd woo. W nnd shall hc lIlylcd in
:lueh II manner rhut n "yc:;w vote will indical~ "PJlrllval of thc ProflU!U11 fmd II "nn" vote will indicate rejcclinn. The
wllrding l)f lhe lIuhlluUlce of the amendmenl (II' tllher public meallure and the hullol litle 10 appear on Ihe hallol
Khilll he: embodied in the jnint resollllion. cooslilulillnal rcvisitlll commission proposal. cnnlllilulionctl cllllvenlioll
JlI'oJlll:\tlI. lilxalinn and budget rdorm commillsion proposal. tlr enahling rCllnlul.ion or ordinance. Thc sulmlancc llf
lhe mncndmt:1l1 or ulhcr rlllhlic mClIsurc sh..1I Oc un cxplllnaltlry Slctlcment. 001 exceeding 75 wurdli in lenglh. of
lhe chief JlUt'JK)!IC uf the measure. The bullnt lillL: shall cllnsisl of a caJllion. nol excecding 15 words in lenglh. hy
which lhe IllClIllUre iR cnmmnnly rdcrred 10 or spoken nf.
(2) Thc lUlh.'1tancc and ballol title of 1I cllnslilulional amendment prupmicd by iniliarivc shall be prcp:lrcd hy Ihe
Rpc11l.'lOr and npl)rovcd hy the Secrcrary 01' SI;l!c in ;u.:cClrdance wilh rules adopted pursunnt to s. 120.54. The
DcpClr1mcm or Slale shall givc em.:h proposed COllSlilulinnal amcndmel1l a designaling numhcr Itlr convenient
reference. Thill lIumhcr designalion shnll appear on Ihe b"llor. Oesignating lIulObers shall be assigned in the ()rdcr
nf liIing nr ccrlilicillion nf the amendmc:nls. Thc ()cpOIrlmcnl of Srare shall furni~h Ihe dcsignctting numl1cr. the
bllllot litle. :ulll lhe IIUhl'lilnCC nf each a1l1cnumem 10 the supervisor ell' ek.clinns nt' cnch county in which such
ClI11cndlllenl ill In he vOled (In.
CREDITIS)
I Wtl EIL:cl runil.: lJ IXlilll~
Amended by UIWR 19H4. c. 84-302, ~ .n, ell. .fuly I. 1984; LlIws ItJl)O. c. 'XI. 20:\. ~ II. eft'. July I. 19'X1.
< General Materi.lls (GM) . Rcrcrcnccs, AnmllalillllS. Of TlIhlcll >
HISTURICAL ANI) STATUTORY NOTKIot
11)1<2 M;lin Vnlulllc
UcrIVllliCH1:
Laws 19H1I. t:. 1<<1-305. 1$ 2.
Laws ItJ79, c. 79-J(15. ~ 16.
1~IW~ 1l)77. C. 77 175. * 13.
1..IWS 197:\. l~. TJ-7, ~ I.
UtWS 1%1,1. c. li9-I06. ~~ 10. -'5.
I..Iwl; 19:\1. c. Z~7(). ~ 5.
nil.SI.I94Q, ~ 99.16.
UtWS 1945, c. 22(126. * I.
L:lWs 1():l7. c. 178914. ~ 4.
('llpr. <<) Wesl 199X Nt) Clainl In Ori~. U.S. Govl. Work!!
'.
Joseph James De M.inico, Jr.
.",.....,....."
."'.
985 Troon Trace, Winter Springs, FL 32708-4319
Phone (407) 359-3960 . Fax (407) 359-4197 . E-mail jdcminicojriicflrLcom
Tuesday, September 26, 2000
Citizen Proposal for Charter Amendment for the Citv of Winter Sprines
I am here to present the subject amendment proposal to the charter review committee. I request the
clerk enter my remarks verbatim into the public record of this meeting.
The follow amendment proposal is meant to bring need fiscah( accountability to the Commission-City
Manager gove~ofthis city.
').Ji.,"f"
Article VB, Section 7.07, Managing finances; borrowing money; selling bonds.
To be added as a new section and to read as follows:
7.07 Managing finances; borrowing money; selling bonds.
Unless authorized by the electors of the city at a duly held referendum election, the city
commission shall not authorize or allow to be authorized, the issuance of revenue bonds or enter into
lease purchase contracts or any other unfunded multi-year contracts for the purchase of real property or
the construction of capital improvements, whereby the repayment of which extends beyond the end of any
fiscal year.
This amendment has passed in at least three Seminole County cities with popular approval by their
respective electorates. The cities are: Lake Mary (1991), Longwood, and Oviedo. Lake Mary was
represented in 1991 by Stenstrom, McIntosh, Colbert, Whigham & Simmons, P.A. Currently, Oviedo is
represented by Stenstrom, et al. This amendment has been tested and is tried and true.
q~~#L-
tJ;/;lo d.~ (C;)
09/26/00 TUE 22:20 FAX 407 359 4197
Joseph De Minico, Jr.
III 002
...
~..
Joseph James De Minico, Jr.
,
985 Troon Trace, Winler Springs, FL 32708-43 I 9
Phone (407) 359.3960. Fa." (407) 359-4197. E-mailjdeminicojr@cllrr.CODl
September 26, 2000
Dr. Marilyn Crotty
UCF Institute of Government
36 West Pine Street, Ste. 204
Orlando, FL 32801
RE: Citizen Proposal for Charter Amendment for the City of Winter Springs
Dear Dr. Crotty:
Thank: you for permitting me to present my proposed city charter amendment to the committee. I
apologize for being a little flustered and harried after a bad day, and regret not being fully
prepared to answer the really hard questions. Realistically, there will always be turf being
guarded by each entity. But, the public good and public trust should never be pushed to the back
burner in deference to unmanagedgrowth that will benefit only corporate interests. Quality of
life is important in our community and it is always useful to ask who will benefit from the
revenue bond before proceeding. Moreover, I stated several times that it appeared that a
reputable law firm had tested this proposal in Seminole County cities. I am not aware of any
circumstances in Lake Mary, Longwood, or Oviedo where this accountability mechanism has
hurt business, government, or the people. Therefore, I beg the committee's favorable
consideration of this proposal for presentation to the City Commission.
EnCIOSUI~
CC: Assistant City Clerk (Tanya)
1J~~. tba--trl ~r- ~.1kz-
'R~ ~.~~~~
;;::;;;"L f!-(,,, J.. Pdt) . ~ ~ ~
SEP-26-2000 22:26 407 359 4197 98% P.02
09/26/00 TUE 22:21 FAX 407 359 4197
Joseph De Minieo. Jr.
~003
,
'h James De Minico, Jr.
985 Troon Trace, Winter Springs, FL 32708-4319
Phone (407) 359.3~'60. Fax (407) 359-4197. E-mailjdcminicojr@c.:l1.IT.com
CORRECTED COpy
Tuesday, September 26,2000
Citizen Proposal for Charter Amendment for the City of Winter Sprines
I am here to present the subject amendment proposal to the charter review committee. I
request the clerk enter my remarks verbatim into the public record of tbis meeting.
The follow amendment proposal is meant to bring needed fiscal accountability to the
Commission-City Manager system of government in this city.
Article Vll, Section 7.07, Managing finances; borrowing money; selling bonds.
To be added as a new section and to read as follows:
7.07 Managing finances; borrowing money; selling bonds.
Unless authorized by the electors of the city at a duly held referendum election, the
city commission shall not authorize or allow to be authorized, the issuance of revenue bonds 1 or
enter into lease purchase contracts or any other unfunded multi-year contracts for the purchase of
real property or the construction of capital improvements, whereby the repayment of which
extends beyond the end of any fiscal year.
Rationale: This amendment has passed in at least three Seminole County cities with popular
approval by their respective electorates. The cities are: Lake Mary (1991), Longwood, and
Oviedo (attachments). Lake Mary was represented in 1991 by Stenstrom, McIntosh, Colb~
Whigham & Si ons, P.A. Currently, Oviedo is represented by Stenstrom, et aI. This
amendment h been tested and is tried and true. 2
t.'
"-
~pageS)
1 Does not apply to Public Works/Service.
2 There should be adequate case law to define the authorized categories offunding instruments covered bv this
amendment.
SEP-26-2000 22:26
407 359 4197
98%
P.03
Term Limits on Local Government Officials:
Balancing Civic Involvement and Effective Governance
Aubrey Jewett, Assistant Professor, UCF
Presented to Maitland Charter Review Commission, July 14, 1998
Background as of the earlv 1990s
Term limits for local officials are a relatively recent trend (late 1980s)
The actual effect of term limits for local officials is therefore not precisely known
Term limits for local officials are still not widespread but are more popular in larger cities
All local jurisdictions: 8% limit council; 11 % limit mayor
Large cities (500k and over): 40% have adopted some form of term limits (typically mayor and council) .'
Small cities (typically with a council/manager system): fairly rare; less than 10%
Term limits (at all levels) are generally very popular with the public (typically 65-70% approval)
Term limits are most frequently imposed by the initiative process; rarely defeated once on the ballot
Average cap is 8 years of service
Term limits are generally less popular with academics and elected officials
Pro Term Limits: Citizen Legislature
Promote competitive elections: increase turnover; remove entrenched incumbents; decrease PAC influence
Attract talented amateurs to office: serve a term and go back to private life; live under laws passed
Increase responsiveness of elected officials: less beholden to special interests; less campaigning; closer to people
Civic benefits: increase trust in system; encourage debate and participation
Potential Problems with Term Limits: The Need for Professional Governance
Antidemocratic: limits voter choice; qualified, competent, popular people forced to leave office
Turnover exists: voters can limit terms now through elections; 47% of all council members in 1991 were freshmen
Less responsive elected officials (last term problem): political ambition is good; Scottsdale NY's police department
Loss of institutional memory: more reliance on interest groups and manager or civil servants; South Pasadena, FL
Risk of further public disillusionment: term limits may backfire causing even more citizen distrust