HomeMy WebLinkAbout2001 01 18 Charter Review Final Report dated January 18, 2001 FINAL REPORT
REVISED CHARTER
CITY OF WINTER SPRINGS,
FLORIDA
Mayor and Commissioners
City of Winter Springs, Florida
Charter Review Advisory Committee
Florida Institute of Government
University of Central Florida
Orlando, Florida
January 18, 2001
Introduction
The City Charter has not been reviewed since 1981, and citizens and public
officials have expressed the need to update the charter with current law and recognized
best practices of municipal governance. In response to this expression of need, the
Winter Springs City Commission, on August 28, 2000, adopted Resolution 2000 -27
authorizing a review of the Winter Springs City Charter, including the project team,
process, and time schedule. In adopting the Resolution, the City Commission stated that
the "purpose of the Charter Review is to provide an objective, disciplined and
professional process for updating and modernizing the city's charter with broad -scale
citizen participation." To accomplish this objective, the City Commission undertook the
following actions:
• Placed management of the Charter Review Process in the Florida Institute of
Government, University of Central Florida.
• Vested the responsibility for the formulation of recommendations for
improving the current city charter in a Citizen Advisory Committee made up
of six outstanding local citizens as follows:
Ms. Jacqueline Adams, active civic leader, charter member of
Winter Springs Civic Association, served on the Winter Springs
Beautification and Code Enforcement Boards.
The Honorable Thomas Freeman, Judge, Seminole County Circuit
Court
Mr. Donald Gilmore, Engineer, Siemens Westinghouse Power
Corporation.
Ms. Sally McGinnis, Licensed Community Association Manager,
Paine Anderson Properties, Inc., Member, Winter Springs Board of
Adjustment.
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Mr. Robert Ori, CPA, President, Public Resource Management
Group, Inc.
Mr. William Reischmann, Attorney, Stenstrom, McIntosh, Colbert,
Whigham & Simmons, P.A., City Attorney, Orange City, Florida.
• Provided the Citizen Advisory Committee with a Technical Assistance Team
made up of experts in the field of local government law and management.
• Mandated that city charter improvement recommendations be consistent with
the Model City Charter prepared by the National Civic League.
Specifically, the Winter Springs City Commission charged the Charter Review
Advisory Committee with the following responsibility:
"....the responsibility for working with the technical resource team reviewing the
City's existing City Charter and providing recommendations to the City
Commission for modernizing the existing City Charter in order to be consistent
with the seventh edition of the "Model City Charter" published by the National
Civic League. In their review the Committee shall not make recommendations
relative to changing the current form of government from the Commission -
Manager form, but shall determine what changes need to be made, if any, to make
the City's current form of Commission - Manager government consistent with the
provisions provided for in the seventh edition of the "Model City Charter"
published by the National Civic League."
This final report was prepared by the staff of the Charter Review Advisory
Committee. It first summarizes the consensus that the Committee reached for a revision
of the City Charter of the City of Winter Springs, Florida. This is followed by a
comparative analysis of the present and the proposed new charter in Exhibit I. Finally,
the revised city charter is presented in Exhibit II.
The Charter Review Advisory Committee conducted extensive meetings and
deliberations over a period of five (5) months. Its sessions were facilitated by Ms.
Marilyn Crotty, Director of the Florida Institute of Government, University of Central
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Florida, Orlando Florida. At the outset, the Committee agreed that its decisions would be
based on a consensus of the group and that no formal votes would be taken. All of the
Committee's meetings were open to the public. At each of its meetings, a public hearing
was held for formal recorded presentations by citizens of the community. The
Committee received and reviewed oral and written testimony from various citizens, civic
groups and organizations. Its staff consisted of a technical resource team qualified in the
fields of public law and management.
The following presents the consensus of the Charter Review Advisory Committee
( "the Committee ") for a revised City Charter of the City of Winter Springs, Florida.
ARTICLE I — NAME, POWERS, BOUNDARIES
The language of Section 1.01 of the present charter, setting forth the name of the
city as the "City of Winter Springs, Florida" is consistent with that found in most city
charters. The consensus of the Committee was that this provision should be retained and
included in a new revised Article I entitled "Name, Powers, Boundaries."
Section 2.01 of the present charter sets forth a lengthy metes and bounds
description of the city boundaries. It was agreed that this language be included in an
appendix to the revised charter and incorporated by reference. Sections 2.02 and 2.03 of
the present charter 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.
A general powers provision similar to that stated in Section 3.01 of the current
city charter is a standard provision found in most municipal charters. It is based on the
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principle that the city should have all powers it may legally exercise under the
constitution and laws of the state. The Committee agreed that this powers provision
should be retained in the new revised charter at Section 1.02 as subsection (a) and that
two additional powers provisions be included as subsections (b) and (c) respectively that
grant the City with all the powers granted to municipalities in Florida under the
provisions of the "Municipal Home Rule Powers Act," as well as all of the powers of
annexation granted to cities under Florida Statutes.
ARTICLE II - COUNCIL
The Committee agreed by consensus that Article IV of the present charter, which is titled
Mayor and City Commission, 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 of the 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. The customary usage in the council- manager form of government is to refer
to the city governing body as the "City Council."
Section 2.01 of the new charter entitled "General Powers and Duties" simply
vests all of the powers of the City in the city council. This provision is the same as
Section 4.06 of the present city charter.
Section 2.02 (a) of the new charter, entitled Composition, Eligibility, Election and
Terms," revises the language of Section 4.01(a) of the present city charter, entitled
"Composition. " The consensus of the Charter Advisory Review Committee was that the
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size of the city governing body should be a five (5) member city council, and that the
mayor and deputy mayor should be elected from the membership of the council and serve
at its pleasure. It felt that the terms of office of council members should be increased
from three (3) year to four (4) year terms of office.
Section 2.02 (b) of the new charter carries forward the same qualifications for
holding office as is found in Section 4.01 (b) of the present charter.
The new charter continues the practice of electing city council members 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.
Section 2.02(c) of the new charter continues term limits and limits terms to three
(3) terms as under the present charter [Section 4.03(d)], but clarifies the language of the
present charter by limiting terms of office to "three (3) full" four (4) year terms of office.
Section 2.03 of the new charter revises Section 4.05 of the present city charter
with regard to the office of mayor.
Under the present city charter, 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. It was the
consensus of the Committee that the mayor should be given a vote just like any other
member of the council and that the veto power of the mayor be eliminated since this
builds in conflict with the council as a unified policy body. The power of veto is not an
appropriate provision in the council- manager form of government where the mayor is a
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member of the governing body and not a separate official. In addition, the language of
Section 4.05 of the present charter that grants the mayor "the responsibility of the
administrative duties of the city manager" when the city commission does not appoint a
city manager is eliminated in Section 2.03 of the new charter.
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, and is carried forward in the new charter.
Section 2.04 of the new charter deals with compensation and expenses of the city
governing body. This section makes minor revision in Section 4.04 of the present city
charter. Sec. 4.04 of the present charter 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 increase in
compensation from becoming effective until six months after the next election following
the adoption of the ordinance. The Committee felt that the language of the Model
Charter should be followed, which 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, the Advisory
Committee agreed that language to provide for reimbursement of expenses should be
based on the "actual and necessary" standard as related to the performance of official
duties of office.
Section 2.05 of the new charter deals with certain prohibitions in office.
Subsection (a) follows the provisions of the Model City Charter with regard to
prohibiting a member of the council from holding another elected public office during the
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member's current term of office, and is consistent with Section 4.07 of the current city
charter. Additional language is added, however, to make it clear that a former council
member is not prevented from serving as a member of a city advisory board or
commission.
Section 2.05(b), entitled "Interference with Administration," is a new charter
provision. The Committee felt that this provision should be included for consistency
with the Model City Charter.
Section 2.06 of the new charter, entitled "Vacancies; Forfeitures of Office," is the
same language as that contained in Section 4.06 of the present charter, and it is consistent
with the Model City Charter.
Section 2.07 of the new charter, entitled "Judge of Qualifications," contains the
same language as Section 4.09 of the present city charter, and it is consistent with the
Model City Charter.
Section 2.08 of the new charter, entitled "City Clerk," revises Section 4.10 of the
present city charter in order to be consistent with the Model City Charter. 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 of the council and is responsible for recording its
official proceedings. For consistency with the Model City Charter, the Charter Review
Advisory Committee agreed that the city clerk should be appointed and removed by a
majority vote of the total members of the council.
Sections 2.09, 2.10, 2.11, 2.12 2.13, and 2.14 of the new charter relating to
"Investigations, Independent Audits, Procedure, Actions Requiring an Ordinance,
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Authentication and Recording" etc., contain the same language as Sections
4.11,4.12,4.13,4.14, 4.15 and 4.16, respectively, in the present city charter and are all
consistent with the Model City Charter.
ARTICLE III — CITY MANAGER
Section 3.01 of the new charter, entitled "Appointment; Qualifications,
Compensation," is a revision of Section 5.01 of the present city charter. The present
charter provision 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.
The Charter Review Advisory Committee agreed that the council by a majority
vote of its total members should be required to appoint a city manger and that the
manager should serve at the pleasure of the council.
Section 3.02, of the new charter, entitled "Removal," is consistent with the
removal process contained in Section 5.02 of the present city charter.
Section 3.03 of the revised charter, entitled "Acting City Manager," is consistent
with the provisions of Section 5.04 of the present city charter.
Section 3.04 of the revised charter, entitled "Powers and Duties of the City
Manager," is consistent with the provisions of Section 5.03 of the present city charter.
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ARTICLE IV — ADMINISTRATIVE DEPARTMENTS
Section 4.01 of the new charter, entitled "Creation of Departments," relates to the
council's power to establish departments and is consistent with the Model City Charter.
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. Similar language is
found in Section 6.01 of the present city charter.
Section 4.02 of the new charter, entitled "City Attorney," revises the language of
Section 6.02 of the present city charter, which provides for appointment of the city
attorney by the mayor and approval by the city commission. The Charter Review
Advisory Committee felt that the city attorney should be appointed and removed by a
majority vote of the total members of the council.
ARTICLE V — FINANCIAL PROCEDURES
The provisions of this article set forth the city's fiscal year and operating budget
procedures, which are currently found in Sections 7.01 through 7.06 of the present city
charter. Sections 7.01 and 7.02 are consistent with the Model.
The Charter Review Advisory Committee agreed that the provisions of Section
7.03 of the present city charter, entitled "Contents of Budget" should be revised to
provide for a more complete description of the city's annual budget. The committee
further agreed that Sections 7.04 through 7.06 should be deleted since the procedural
subject matter contained in these sections is covered by general law. In lieu thereof, a
new Section 5.04 is included in the new charter to provide that council action to adopt the
budget shall be in accordance with the provisions of general law.
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ARTICLE VI — ELECTIONS
Provisions concerning elections, election districts, and initiative and referendum
are generally scattered throughout the existing city charter. The Charter Review
Advisory Committee agreed that all matters relating to a similar subject should be located
in the same article of the new charter, and that this Article should be entitled "Elections."
Section 6.01 of the new charter deals with city elections. Section 6.01(a) carries
forward the same time for the general city election that is provided for in Section 8.01 of
the present city charter. Section 6.01(b) states the same requirement for "Qualified
Voters" that is contained in Section 8.02 the present city charter. Section 6.01(c)
continues the present charter provision (Section 8.03) that requires the governing body to
adopt by ordinance procedures for the conduct of elections.
Section 6.02 of the new charter deals with "Qualifications of Candidates." The
language is the same as that found in the present administrative code, except that the
Advisory Committee felt that a candidate seeking office should file a petition in a form as
approved by the council and that the petition should be signed by 50 registered voters
instead of 15 registered voters as presently found in Section 2.87 of the Winter Springs
Administrative Code, which is codified as a new provision in the revised city charter.
Section 6.03 of the new charter specifies a procedure for filling of vacancies in
office. The consensus of the Committee was that a special election should be held to fill
a vacancy in the office of a council member, unless there is a regular election for the
office within two (2) years after the date of vacancy, in which event the remaining
members by majority vote would appoint a person to fill the vacancy.
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Section 6.04(a) through (g) of the new charter carries forward the same provisions
as those in Section 4.02(a) through (g) of the present city charter for adjustment of
council districts, with the exception that the number of members is reduced to five (5)
since each council member would appoint one (1) member.
Section 6.05(a) through (g) of the new city charter carries forward the same
provisions as those contained in Sections 9.01 through 9.07 of the present city charter
with regard to 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 (10) percent of the total
number of qualified voters registered to vote. Procedures are prescribed for filing of
petitions, and for action on petitions.
The Model City Charter does not include a detailed provision on initiative and
referendum. The Advisory Committee, however, felt that the current city charter
provisions with regard to initiative and referendum should be retained in the revised city
charter.
ARTICLE VII — INTERIM AND GENERAL PROVISIONS
This is a proposed transitional article. Its purpose is to assure that the current
terms of office of elected and appointed officials and officers are not diminished and that
existing ordinances, departments, officers, agencies and contracts and obligations are
continued in effect with adoption of the new charter. These matters are dealt with in
Sections 7.01 through 7.04.
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Section 7.05 entitled "Charter Amendments" replaces Article X of the present
charter and requires that charter amendments comply with the provisions of general law.
The important transitional provision in this article, however, is found in Section
7.06 dealing with first elections under the new charter. This section sets forth a process
for electing the council members under the new charter. Section 7.06(a) provides that the
current commission members from seats designated as two and four and whose terms
expire in 2002, would be elected at the first election to be held in November of 2002 to
fill the offices of council members from council districts 2 and 4, whose terms expire in
2002. The present elective office of mayor as an at -large official is not continued in the
revised charter.
The second election would be held in November of 2004 for the purpose of
electing council members from districts 1,3, and 5. Since the terms of these members
expire in 2003, their terms are extended for a period of one (1) year so that their terms all
expire in the year 2004.
In this manner the first electoral process under the new charter sets up the
mechanics for four (4) year staggered terms of office.
Sections 7.07 through 7.09 are standard provisions dealing with section captions,
severability and repeal of conflicting laws.
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EXHIBIT I
Present and Proposed City Charter
Comparative Analysis
Present City Charter Proposed City Charter
Article I. "Corporate Name" Article I. Sec. 1.01. No Change.
Article II. "Territorial Boundaries" Article I. Sec. 1.03. No Change.
Article III. "Powers of City" Article I. Sec. 1.02. No Change.
Subsections (b) and (c) are new
Article IV. "Mayor and City Commission" Article II. Sec. 2.01. Name of City
Commission changed to "City
Council." General Powers and duties
are the same.
Sec. 4.01. Composition; qualifications. Article II. Sec. 2.02 (a) and (b). Size
of governing body changed to a five
(5) member city council. No Change
in qualifications for office. No
separately elected mayor. Terms
increased from three (3) to four (4)
years.
Sec. 4.02 Election Districts, Adjustment. Article VI. Sec. 6.05. Size of
districting commission changed to
five (5) members. Each council
member appoints one member.
Procedure for adjustment of districts
unchanged from present charter.
Sec. 4.03. Election and Terms. Article II. Sec. 2.02 (c). No change
in date of election. Terms limited to
three (3) full terms. Drop out one
full term and eligible to run for
successive terms.
Sec. 4.04. Compensation and Expenses. Article II. Sec. 2.04. Slight Change,
to provide that salary increases
become effective at commencement
of new term of office and expenses
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reimbursed on an actual and
necessary basis.
Sec. 4.05. Mayor. Article II. Sec. 2.03. Elected from
the membership of the council and
serves at its pleasure. Presides at
meetings of council and has a vote
but no veto power.
Sec. 4.05. Office of Deputy Mayor. Article II. Sec. 203. Serves in
absence or disability of mayor.
Sec. 4.06. General powers and duties. Article II. Sec. 2.01 No Change.
Sec. 4.07. Prohibitions in office. Article II. Sec. 2.05 (a) and
(b).Revised to make it clear that a
former council member can serve on
advisory boards and commissions.
New provision added to prohibit
interference with administration.
Sec. 4.08. Vacancies; forfeiture of office; Article II. Sec. 2.06 (a) and (b) No .
Filling of vacancies. Change. Filling of Vacancies dealt
with in Article VI. Sec. 6.03.
Sec. 4.09. Judge of Qualifications. Article II. Sec. 2.07. No Change.
Sec. 4.10. City Clerk. Article II. Sec. 2.08. Changed to
provide that council appoints and
removes by majority vote.
Secs. 4.11 to 4.16 relating to investigations, Article II. Sec. 2.09 to 2.14. No
audits, procedures, ordinances, etc. Change.
Article V. "City Manager"
Sec. 5.01. Appointment; qualifications, Article III. Sec. 3.01. Revised to
Compensation require council to appoint manager
to serve at pleasure of council
Sec. 5.02. Removal. Article III. Sec. 3.02. No Change.
Sec. 5.03. Powers and Duties. Article III. Sec. 3.04. No Change.
Sec. 5.04. Acting City Manager. Article III. Sec. 3.03. No Change.
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Article VI. "Administrative Departments"
Sec. 6.01. Power to create. Article IV. Sec. 4.01. No Change.
Sec. 6.02. City Attorney. Article IV. Sec. 4.02. Changed to
provide for appointment and removal
by majority vote of council.
Article IV. Sec. 4.03. New
provisions authorizing council to
appoint advisory boards and
commissions.
Article VII. "Financial Procedure"
Sec. 7.01 Fiscal year. Article V. Sec. 5.01. No Change.
Sec. 7.02 Submission of budget. Article V. Sec. 5.02. No Change.
Sec. 7.03. Contents of budget. Article V. Sec. 5.03. Changed to
provide that Article VII. Sec. 7.03
dealing with contents of the budget
be revised to define in greater detail
the city's annual budget.
Sec. 7.04 Commissions action on budget Article V. Sec. 5.04. A new section
is added to grant the council the
power to act on the budget as
provided by general law.
Secs. 7.05 and 7.06 of present charter Deleted since the subject matter of
these sections is governed by general
law.
Article VIII. "Nominations and Elections"
Sec. 8.01. The city elections. Article VI. Sec. 6.01(a). No Change.
Sec. 8.02. Qualified voters. Article VI. Sec. 6.01(b). No Change.
Sec. 8.03 Conduct of elections. Article VI. Sec. 6.01(c) No Change.
Article VI. Sec. 6.02. Qualification
of candidates. A new provision to
codify Sec. 2.87 of administrative
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code. Petition requirement changed
from 15 to 50 signatures.
Article VI. Sec. 6.03. New provision
on special elections for filling of
vacancies.
Article VI. Sec. 6.04. New provision
on non partisan elections.
Article IX. "Initiative and Referendum" Article VI. Sec. 6.06. No Change
Article X. "Amendments" New provision included as Article
VII. Section 7.05 to provide that
charter amendments would comply
with the provisions of general law.
Article XI. "Severability" Article VII. Sec. 7.08. No Change.
Article XII. "Powers" Article I. Sec. 1.02. No Change.
Article XIII. "Transitional Provisions" Similar provisions in new charter.
See specifically Article VII. Secs.
7.01, 7.02,7.03,7.04, etc.
Article VII. Sec. 7.06 is a new
provision dealing with first elections
under revised charter to establish
staggered terms of office.
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