HomeMy WebLinkAboutMemorandum from FLC General Counsel
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FLORIDA LEAGUE OF CITIES, INC.
Memorandum
. To: Interested Parties
From: Chip Morrison
General Counsel
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Re: Charter Revision
Date: April 22, 1997
If one is thinking of revising one's charter, several observations appear to be in
order.
First, if a municipality's charter has not been revised since July I, 1973, one should
pay particular attention to Sec. 166.021(4) and (5), Fla. Stat. Generally, by operation of
law, the legislature took a variety of limitations contained in municipal charters and turned
them into ordinances. Hence, if the charter hasn't been revised since July I, 1973, then
one can make a variety of "ministerial" revisions to the charter without following the
procedures in Sec. 166.031, Fla. Stat. Of course, any charter provisions enacted or
amended after July I, 1973, cannot be revised without following the procedures in Sec.
166.031, Fla. Stat.
Second, one should bear in mind one doesn't need an 80-page document to
organize and run a municipality; a municipality can run just fine on a 9-page charter. Vero
Beach's charter. if you remove Sections 209, 505, and 506, represents just such a
document. Also, the larger a charter, the more likely it is to contain limitations on the
municipality. The publication from the Department of Community Affairs is included to
give you a feel for the differences between a "Council-Manager" form of government and
a "Strong-Mf.yor" form of government. If you decide to draw from the publication, one
should read it closely to assure limitations aren't inadvertently included in the charter.
Third, one is also well advised to refrain from placing unnecessary provisions in
the charter. Examples of these provisions include, for example, procedures governing the
adoption of ordinances, the adoption of amendments to the charter, and the recall of the
members of the municipality's governing body. Each of these subjects are covered under
state law and the state law prevails over the charter provision to the extent the two
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April 22, 1997
Page Two
conflict. To the extent there is no conflict, the provisions are simply redundant and
therefore clutter up the charter. The least that can be said is that these types of provisions
(i.e., those addressing subjects already covered by state law) can confuse the average
citizen.
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Finally, one should carefully consider whether it is in the best interest of the
municipality to appoint a Ucharter revision commission." Typically, these commissions are
made up of a cross-section of the municipality, and appointees to these commissions. often
come to the table with a fairly limited agenda (e.g., one appointee wants to put an ad
valorem mileage cap in the charter, another appointee wants to put a development density
cap in the charter, and another appointee wants to put term limitations in the charter).
The next thing you know, the charter has so many limitations in it the municipality can't
timely respond to the needs and conveniences of the citizens of the municipality.
If you have any questions or if we can be of further service, please don't hesitate
to call.
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