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HomeMy WebLinkAbout2026 06 18 Chart Review - Attorney provided presentationCHARTER REVIEW COMMITTEE ORIENTATION ANTHONY A. GARGANESE CITY ATTORNEY Charter Review Committee Members Jean Hovey Arthur Gallo Joseph Dionne Louie Hilal David Bear Philip Kaprow Edivier Rivera Role of the Committee ❑Temporary ad-hoc advisory Committee ❑Single Purpose -Comprehensive Review of the existing Winter Springs City Charter ❑Hold public meetings and provide an open, transparent, objective, and deliberative process that will afford the public an opportunity to participate in the City’s Charter review process ❑Make a recommendation to the City Commission Hold meetings and discuss potential revisions to the City Charter in order to provide an open, transparent, objective, and deliberative process that will afford the public an opportunity to participate in the City’s Charter review process. Specific Committee Responsibilities 1.Evaluate and make recommendations on whether the City Charter needs to be updated to align with state and federal law 2.Evaluate and make recommendations on whether the City Charter should be updated to align with the Model City Charter, 9th Edition 3.Evaluate and make recommendations on Charter-related matters as identified by the City Commission, if any 4.Propose any other amendments to the City Charter 5.Prepare a Final Report for the City Commission identifying proposed Charter amendments. •The Final Report will assist the City Commission in determining which (if any) proposed Charter amendments should be proposed and voted upon by the electors. Project Facilitator •The City Attorney serves as the Project Facilitator and will design and implement an orderly review of the City Charter. This will include facilitating public meetings of the Charter Review Committee. •The City Attorney will provide legal guidance to the Committee. •The City Attorney will assist the Committee in preparing the Final Report. Technical Resources •The City Manager, City Clerk, and other City Department Heads will serve as technical advisors to the Committee and will also assist the Committee in preparing the Final Report. •The Committee may also hear presentations from the Florida League of Cities and/or UCF Institute of Government on general principals of municipal governance. •The City Clerk will provide administrative support to the Committee including noticing meetings, preparing meeting minutes, and archiving public records. Key Dates •November 2, 2027 –the Committee’s Final Report is due. •The City Commission will then review the Final Report. •If the Commission determines that any of the Committee’s proposed amendments, as detailed in the Final Report, should be added to the City Charter, the Commission will direct the City Attorney to prepare an ordinance calling for a referendum to be held on the proposed amendments. •November 7, 2028 (or as soon thereafter as possible) –the referendum on the proposed Charter amendments will be held and the City’s electorate will vote on whether the City should adopt the proposed Charter amendments. The City Charter Article I – Corporate Name Article II – Territorial Boundaries Article III – Powers of the City Article IV – Governing Body Article V –City Manager Article VI – Administrative Departments Article VII – Financial Procedure Article VIII – Nominations and Elections Article IX – Initiative and Referendum Article X – Amendments Article XI – Severability Article XII – Powers Article XIII – Transitional Powers Appendix A – Territorial Boundaries Charter Provisions •Article I. Corporate Name •Sets the Corporate Name of the City as the City of Winter Springs. •Article II. Territorial Boundaries •Sets out the City’s boundaries. •Provides that annexation into the City shall occur pursuant to Florida Statutes Chapter 171. •See Appendix A of the City Charter for a legal description of the City’s territorial boundaries. •Article III. Powers of the City •Sets forth the powers of the City. •The City has all powers provided in Article VIII, Section 2(b) of the State of Florida Constitution. •The City also has all governmental, corporate, and proprietary powers necessary to conduct municipal government. Charter Provisions •Article IV. Governing Body •Regulates the City’s governing body –the City Commission and the Mayor. •Sets the City Commission at 5 members and outlines Commissioner eligibility. •Divides the City into 5 Districts and creates procedures for redistricting. •Sets term limits for City Commissioners and the Mayor. •Provides that Commissioners may set salaries for the Mayor and Commissioners. •Vests the Commission with the power and duty to exercise the duties of the City. •Outlines prohibitions on City Commissioners’ actions and establishes removal procedures. •Provides procedures for filling Commission vacancies. •Establishes the position of City Clerk. •Sets out investigatory procedures. •Details procedures for adopting ordinances and modifying the City Code. Charter Provisions •Article V. City Manager •Sets forth appointment and removal procedures for the City Manager. •Details the powers and duties of the City Manager. •Article VI. Administrative Departments •Grants the City Commission the power to establish City departments (e.g., the Community Development Department, Parks and Recreation Department, etc.). •Gives the City Commission the duty and ability to appoint a City Attorney. Charter Provisions •Article VII. Financial Procedures •Sets the City’s fiscal year beginning in October and ending in September. •Outlines the requirements for the City’s budget and sets forth procedures for creating the budget. •Requires the City’s budget to include a 5-year capital improvements program. •Allows the Commission to call for an independent audit of the City’s finances. •Article VIII. Nominations and Elections. •Sets forth policies and procedures governing City elections. •Provides that City elections are nonpartisan. Charter Provisions •Article IX. Initiative and Referendum •Establishes an initiative and referendum process allowing voters to propose or reconsider certain City ordinances. •Establishes requirements for initiative and referendum petitions. •Article X. Amendments •Allows the Charter to be amended. •Article XI. Severability •If any portion of the Charter is held invalid, that portion is severable and does not affect the validity of the remaining portions. •Article XII. Powers •Reserved. •Article XIII •Transitional provisions used to guide the City following the adoption of the Charter. The Model City Charter •Created by the National Civic League, a non-partisan, non-profit municipal research and advocacy organization founded in 1894 that promotes inclusive civic engagement, democratic innovations, and helping communities thrive. •Most recently updated in 2021 –9th Edition. •First Edition published in 1900. •Created with input from experts and leaders in municipal governance. •Provides example Charter provisions and commentary. •Serves as an expert-created blueprint for drafting or revising City Charters and presents a good foundation for analyzing potential Charter revisions. Should be considered a key resource for the Committee when analyzing potential Charter revisions. •With one exception . . . Prohibition on DEI •The Model City Charter includes a Commitment to Social Equity and outlines policies for promoting Diversity, Equity, and Inclusion. •Attention to social equity is found in additions throughout the Model City Charter •NOTE –THIS COMMITMENT TO SOCIAL EQUITY MUST BE IGNORED BY THE COMMITTEE DUE TO FLORIDA’S SENATE BILL 1134. •Senate Bill 1134 was signed into law by the Governor on 04/23/2026 as Laws of Florida Ch. 2026-43 and creates Florida Statutes §166.04971, Prohibition of Official Actions of Municipalities Relating to Diversity, Equity, and Inclusion. Prohibition on DEI -§166.04971 •DEI means: •Any effort to influence the composition of employees, promote or provide preferential treatment to a person/group, or promote or adopt training/programming/activities, based on race, color, sex, ethnicity, gender identity, or sexual orientation. •Local governments may not: •Fund, promote, or take any official action related to DEI. •Expend any funds to create a City DEI office. •Employ, contract, or otherwise engage with a person serving as a DEI officer. •Any member of a city’s governing body who violates Fla. Stat. §166.04971 commits misfeasance or malfeasance in office. •A resident of the City who believes the City has violated §166.04971 may sue the City in circuit court. •Accordingly, the City may NOT add Charter provisions which have the effect of promoting Diversity, Equity, or Inclusion. Florida Sunshine Law –Essential Rules •Committee business must be discussed in public •Communications between two or more members about matters that may come before the committee must occur at a noticed,publicly accessible meeting. •The public must receive reasonable notice •Minutes must be taken and made available for public inspection •Members may not discuss or decide committee business through private conversations,email, text messages,social media,or other electronic communications •Official action is binding only when taken at a public meeting §286.011, Florida Statutes Discussions Between Committee Members The Sunshine Law applies whenever two or more Committee members communicate about a matter that may foreseeably come before the Committee Sunshine Law Don’ts ❑Do not talk about matters during recesses ❑Do not talk about matters to come before the Committee before or after meetings ❑Do not talk about such matters between meetings (even at City Hall) ❑Do not pass notes or whisper to other members during a meeting ❑Do not talk about Committee business in social settings ❑Do not talk about votes, hearings, or actions after the public meeting as the matter may come back before the Committee in a different context Florida Public Records Law –Essential Rules ❑Records made or received in connection with official business are generally public records ❖Charter Review Committee business is official business of the City ❑Public records may include documents, emails, texts, photographs, recordings, databases, and social media communications, regardless of format ❑Public records must be preserved under applicable retention schedules ❑A public records request does not need to be written or use any particular form ❑Immediately notify the City Clerk if you receive or believe you received a public records request ❑Records must be made available for inspection or copying within a reasonable time, subject to applicable exemptions §§119.01 and 119.011, Florida Statutes Questions? 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