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HomeMy WebLinkAboutV (C) Charter Review Amendments Agenda 8-19-97 o` Ocoee City of Ocoee Item V C j\ \ 150 NORTH LAKESHORE DRIVE Jean GraftonCity Clerk " ?o OCOEE, FLORIDA 34761-2258 �yrE*OF GOO.>,` (407)656-2322 FAX(407)656-5725 MEMORANDUM To: The Honorable Mayor and City Commission From: Jean Grafton, City Clerk Date: August 14, 1997 Re: Proposed Charter Amendments At the July 15 regular session you elected to hold a public hearing before finally determining the Charter amendments to be put before the citizens for their vote. The Charter Review Commission Report/Recommendation that was provided in the July 15 packet is attached, along with a copy of the advertising for this public hearing. "PRIDE OF WEST ORANGE" 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: 4-1 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 I 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 final 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 C II 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 C14,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) l suggestion 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 orocedures_set forih_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. 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 th employment of the Cin, Min ge , 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 Lcalov,, terminate the City Manger in the manner provided hereunder within forty-five (45) days from the effective date of adoption of the preliminary resolution prcrviditig--fer-the-inspensietref-the-city-Manager, ten 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. F. 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 prelim i.arry and nal resolutio s all 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 inshe 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-t,r Commission. In the event that 11) 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. Page 2 of 2 1-8 The Orlando Sentinel,Thursday,August 14, 1997 ow NOTICE OF PUBLIC HEARING CITY OF OCOEE NOTICE IS HEREBY GIVEN,pursuant to Article VIII of the Constitution of the State of Florida,Section 166.031,Flori- da Statutes,and Section C-62,Ocoee City Charter that the Ocoee City Com- mission will hold a public hearing dur- ing a regular session to be held on Au- gust 19, 1997, in the Commission Chambers.City Hall,located at 150 N. Lakeshore Drive, Ocoee. Fonda, at 7.15 p.m.,or as soon thereafter as pos- sible,in order to consider the report and recommendations for amend- ments to the City Charter Submitted by the Charter Review Commission Interested parties may appear at the public hearings and be heard with re- spect to the application. Any person who desires to appeal any decision made during the public hearing may need a record of the proceeding and • for this purpose may need to ensure I that a verbatim record of the proceed- ings is made which includes the testi- mony and evidence upon which the ap- peal is based. Persons with disabilities needing assistance to participate in ay of the proceedings should contact the City Clerks office 48 hours in advance of the meeting at(407)656-2322. JEAN GRAFTON,CITY CLERK, CITY OF OCOEE 0L51665168 August 14,1997.