HomeMy WebLinkAboutVI (A) Discussion/ Action re: Charter Review Commission Report - Chair Beatty Agenda 7-15-97
Item VI A
REPORT OF CHARTER REVIEW COMMISSION TO CITY COMMISSION
From January 27 through July 16, 1997,there were 10 duly advertised meetings held, 5 of those were public
hearings. Citizen attendance was sparse, with fewer than ten citizens present at each meeting, with the
exception of the June 2 public hearing, which had been advertised by a mailout to each residential utility
address in the City. There were approximately 25-30 citizens in attendance at that meeting. References to
"cleanup items" are items to be considered as a single ballot question. Items with a"Yes" are recommended as
individual ballot questions. Items with a"No" are items which were discussed but not recommended as Charter
amendments.
Number Recommended
ISSUES Introduced voicing an CRC Vote to be a
by: opinion referendum
pro or con item:
2/10/97-3 year terms Vandergrift pro 5 con 5 6/2/97: 5-0 to place 3 yr Yes
terms on ballot.
6/16/97:Also 4-0
to use 3-2-0 cycle pattern
and elect 2 Commissioners
and Mayor one year and 2
Commissioners the next
year,3rd year- no election.
(Poplin not present for this
vote)"
1/27/97-Call governing body Council Dabbs pro 1 3/24/97: 5-0 to change the Cleanup item
rather than Commission,use Councilperson verbiage where the body is
or Councilmember instead of Commissioner. spoken of as"Commission"
(Shapiro to check with Fla.League of Cities to"Council."
for proper word.)
2/10/97-Tailor item Q on page C9 of the Scott 3/24/97: Tabled to be Cleanup item
Charter"...free from weeds"to reflect the Anderson considered later as cleanup.
actual requirement to have weeds cut. 7/7/97:4-0 to change
wording.
2/10/97-On item D page C19,change the Scott 3/24/97: Tabled to be Cleanup item
requirement to send documents by registered Anderson considered later as cleanup.
mail to send by certified mail. 7/7/97:4-0 to change.
2/10/97-Review the whole paragraph on Scott 3/24/97: Consensus to Cleanup item
item C-22 Removal-D on page C23 Anderson review entire process.
regarding the City Manager's receiving 5/12/97:Consensus to refer
salary during suspension. to attorney for rewriting to
be clearer but to keep the
3/10/97-Repeated by Dabbs. same process.
6/16/97:Attorney's rewrite
of§C-21,C-22 and C-23 is
in attached excerpt of
minutes of 6/16/97 meeting.
2/10/97-Review Charter every 4-5 years Scott 3/24/97: 4-1 to review Cleanup item
Anderson Charter every 5 years.
Dabbs-no.
Charter Review Commission Report to City Commission
from January 27, 1997 through July 7, 1997
3/10/97-Pg.C5 §C-2 Questioned use of the Dabbs No action taken.7/7/97:4-0 Cleanup item
word"choses"which means"personal to change to"personal
property" property."
3/1/0/97-Pg.C14 §C-12"...hold any other Dabbs 3/24/97: Consensus to Cleanup item
office"Does that mean"elective"?If so, include in clean up.
should so state.
3/10/97-Pg.C27 §C-28 Remove City Clerk Dabbs 3/24/97: 4-I to remove. Cleanup item
position from Charter. Beatty-no.
6/2/97-Remove Deputy City Clerk was
added as a given.
3/24/97-Make Charter politically correct, Dabbs pro 1 3/24/97: No conversation Cleanup item
i.e.,he/she;his/her,etc. recorded other than Beatty
agreed with Dabbs.
3/24/97-Change wording in§C-30 Dabbs 5/12/97: 3-0 to amend as Cleanup item
Personnel Board: "The Personnel Board shall proposed on both issues.
be responsible for developing reviewing (Anderson and Combs not
personnel policies for the city which are present to vote.)
submitted to them by the City Manager and
recommending such policies to the City
Commission for adoption or amendment.
The Personnel Board shall also have such
other powers and duties as may be
established by ordinance by the City
Commission."
4/7/97-Also include the addition that"the
City Manager should also adhere to the
Personnel Rules."
4/7/97-Is another Charter Review needed in Beatty This question was not Cleanup item
1999? answered.7/7/97:4-0 to
review Charter every 5
years unless needed sooner.
2/10/97-Keep present Council/City Switzer pro 18 con 1 6/2/97: 4-1 to make no No
Manager form of government. recommendation to City
Commission regarding any
changes in the form of
government.(Poplin-no)
2/10/97-Return to city-wide vote for Woodson pro 14 con 6 6/2/97: 5-0 to recommend No
Commissioners. (4 of these no change from present
pros method of voting in single
specified that member districts.
the Comm.
should live in
the district
represented.)
Page 2 of 4
Charter Review Commission Report to City Commission
from January 27, 1997 through July 7, 1997
2/10/97-Establish Strong Mayor form of Vandergrift pro 1 6/2/97: See issue on No
government(giving mayor veto power in keeping Council/City
lieu of vote) Manager form of
government above
2/10/97-Districting Comm.should be Linebarier No action was taken No
active all the time,keeping district
population relatively equal.
2/10/97-Divide City into 2 districts instead Scott 3/24/97: Consensus not to No
of four with 2 Commissioners serving each Anderson support.
district.
2/10/97-Should make fmal decision on Scott See issues above re: No
form of government. Anderson keeping Council/City
Manager form of
government.
2/10/97-Specify in item Z on page C11 of Scott 3/24/97: Tabled to be No
the Charter who should be stocking the lakes Anderson considered later as cleanup.
with fish. 7/7/97:4-0 to take no
action.
2/10/97-On page C 14, define "bona fide Scott pro 1 3/24/97: Tabled to be No
resident." Anderson considered later as cleanup.
7/7/97:4-0 to take no
action.
2/10/97-On item C-21 on page C22,change Scott 3/24/97: 4-1 to support No
to require the City Manager to reside in the Anderson present policy that City
City. Manager may live outside
city limits subject to
approval of City
Commission. Poplin-no.
2/10/97 - Support 2 year terms of office Scott No action taken.7/7/97:4-0 No
Anderson no action needed,as if 3
year term proposal fails this
is retained.
2/24/97-Mayor appointed by Commission Mohnacky 3/24/97: 5-0 to continue No
or Council election of Mayor.
3/10/97-If mayor has veto power the Gleason 3/24/97: To be considered No
number of Commissioners should be with the larger Mayor issue.
increased to 5
3/10/97-Establish parameters/credentials Parameters are same as No
for candidate for Mayor if Strong Mayor registered voter.7/7/97:4-0
form of government is determined. change not being
considered-this not
required.
Page 3 of 4
Charter Review Commission Report to City Commission
from January 27, 1997 through July 7, 1997
3/10/97- Should have term limits Gleason pro 1 4/7/97: 4-0 to drop term No
2 support 2 limits as an issue.
term limit if (Poplin was absent)
terms are 4
yrs
3/10/97-Either eliminate districts or update Gleason con 1 Discussed under the item No
the distribution every two years "Return to city-wide vote
for Commissioners."
3/10/97-Pg. C13 §C-9 Clarify use of the Dabbs No action taken. 7/7/97:4-0 No
phrase"all members of the City to make no
Commission" recommendation.
3/10/97-Pg.C23 §C-20 Paragraph should Dabbs 3/24/97: Consensus to No
be reworked if Strong Mayor form of consider as an aspect of
government goes through. Strong Mayor issue.
3/10/97-Pg. C28 §C-29 Remove City Dabbs 3/24/97: Consensus to keep No
Prosecutor position from Charter. as Charter position.
3/10/97-Pg C35 §C-45 Proposed presenting Dabbs pro 2 No specific vote here as 3 No-see above
3 or 4 year terms(3 years already proposed includes year terms were already for 3 year terms
at earlier meeting and will be counted there) 1suggestion considered as a
to let citizens referendum item.
choose 3 or 4
4/7/97-Hold elections a week before the Dabbs No action taken. No
general election.
5/12/97- Should a fully paid fire department Strosnider 5/12/97: Consensus not to No
with adequate equipment be included in the include this as a Charter
Charter? issue
Respectfully submitted,
Charter Review Commission
Bruce Beatty, Chairman
Page 4 of 4
EXCERPT OF MINUTES OF THE CITY OF OCOEE CHARTER REVIEW
COMMISSION MEETING HELD JUNE 16, 1997
Other items not listed.
Revisions to Sections C-21 and C-22 relating to City Manager
In response to the Charter Review Commission's request that City Attorney Rosenthal review
Sections C-21 and C-22 relating to the removal of the City Manager and propose changes to the
Charter, Mr. Rosenthal presented his memo dated June 16, 1997 describing the proposed changes
in Article IV of the Charter entitled City Manager, noting that these revisions would clarify the
procedures which would currently be followed and eliminate any ambiguity regarding the impact
of an employment agreement. The proposed changes are as follows:
§ Section C-21 APPOINTMENT; QUALIFICATIONS; COMPENSATION
"...The City Commission may enter into an employment agreement with the City Manager
addressing terms and conditions of employment not inconsistent with or in conflict with the
provisions of this Charter. Any such employment agreement may provide that the City Manager
may be terminated without cause at any time during the term of the employment agreement,
subject to compliance with the procedures set forth in Section_C-22. Further. any such agreement
may provide for circumstances under which the City Manager may be temporarily suspended with
or without pay.
§ C-22. TERMINATION.
The City Commission may remove terminate the employment of the City Manager in accordance
with the following procedures:
A. The City Commission shall adopt by affirmative vote of a majority of all its
members a preliminary resolution stating its intention to terminate the employment of the City
Manager and such preliminary resolution may also
may suspend the City Manager from duty for a period not to exceed forty-five (45) days. A copy
of the resolution shall be delivered promptly to the City Manager.
B. Within five (5) days after a copy of the resolution is delivered to the City Manager,
the City Manager may file with the City Commission a written reply and/or a written request for
a public hearing. This If requested. this hearing shall be held at a regular or special City
Commission meeting no earlier than fifteen (15) days and no later than thirty (30) days after the
request is filed.
C. The City Commission may adopt by affirmative vote of a majority of all its
members a final resolution of removal terminating the employment of the City Manager, which
may be made effective immediately upon adoption. Such resolution may be adopted at any time
after five (5) days from the date a copy of the preliminary resolution was delivered to the City
Manager, if the City Manager has not requested a public hearing. If the City Manager has
requested a hearing, such resolution may be adopted at any time after the hearing. In the event that
the City Commission fails to a terminate the City Manger in the manner provided hereunder
within forty-five (45) days from the effective date of adoption of the preliminary resolution
prervid-ing-for-the-strsprensien-erf-the-eitr Manager, men the City Manager shall automatically be
reinstated if the preliminary resolution suspended the City Manager and the preliminary resolution
shall thereafter no longer be of any force or effect.
Ocoee Charter Review Commission Meeting
June 16, 1997
D. The City manager shall continue to receive a salary during the period of suspension
and, if removed terminated, shall receive a salary until the effective date of a final resolution of
removal termination. The action of the City Commission in suspending or-removing terminating
the City Manager shall not be subject to review by any court or agency. A nonrenewal of the City
Manager's employment agreement with the city shall not constitute a removal termination
hereunder requiring compliance with the provisions of this section in order to terminate
employment.
E. The procedures set forth herein shall also be applicable to a termination of an
employment agreement with the City Manager: provided. however, that if such employment
agreement requires that a termination be for cause. then the preliminary and final resolutions shall
set forth the cause for termination.
§ C-23. ACTING CITY MANAGER.
A. There shall be an Acting City Manager who shall exercise the powers and perform
the duties of City Manager during the temporary absence, disability or suspension of the City
Manager. The or during such time as there is a vacancy in the position. In the case of a temporary
absence. the City Manager shall designate, by letter filed with the City Clerk, a qualified city
administrative officer to serve as Acting City Manager,-subject to approval of the City
Commission. In the event that I) the City Manager fails to designate someone as Acting City
Manager as required hereunder, (2) the City Manager has been suspended or is disabled. or (3)
there is a vacancy in the position of City Manager. then in any of such events the City Commission
may then appoint a qualified Acting City Manager.
B. The Acting City Manager shall serve at the pleasure of the City Commission and
may be removed by the City Commission at any time, with or without cause. The removal of the
Acting City Manager shall not affect, in any manner, any other positions such person may hold
with the city. The removal provisions of §C-22 of this Article shall not apply to an Acting City
Manager."
In discussing the above changes it was determined that they constitute clean up items and so would
not be a separate item on the ballot.
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