HomeMy WebLinkAbout06-16-97 MINUTES OF THE CITY OF OCOEE CHARTER REVIEW COMMISSION MEETING
HELD JUNE 16, 1997
CALL TO ORDER
Chair Beatty called the meeting to order at 7:15 p.m. in the Commission Chambers. Member
Dabbs led in prayer and the pledge of allegiance. The roll was called and a quorum declared
present.
PRESENT: Chair Beatty, Members Anderson, Combs, and Dabbs. Also present were City
Manager Shapiro, City Attorney Rosenthal, and City Clerk Grafton.
ABSENT: Member Poplin
APPROVAL OF MINUTES OF June 2, 1997 MEETING
Member Dabbs, seconded by Member Combs, moved to approve the Minutes of the June 2,
1997 Charter Review Commission Meeting as presented. Motion carried 4 -0, (Member Poplin
was not present.)
DISCUSSION /ACTION RE: Implementation of 3 - year Terms for Mayor /Commissioners
There was discussion regarding the chart showing a list of eleven towns approximately the size
of Ocoee (> 19,000 <31,000 in population) having 5 commissioners /council members, which had
been prepared by City Manager Shapiro and included in the packet. Information in the chart
included the election pattern, length of terms, and whether commissioners were elected by district
or at large. Two of the cities (including Ocoee) had 2 -year terms and elected commissioners by
district. Six had 3 -year terms and were divided equally between electing commissioners by district
and at large. Three had 4 -year terms, and in all three of those elections were held at large. All
the cities held elections with a 3 -2 pattern, leaving one year without an election in the three year
cycle.
Mr. Shapiro advised that the Florida League of Cities did not have this information and had asked
that a copy of the study be forwarded to them when completed.
Chair Beatty read into the record a letter from a citizen:
Ruth Grafton wrote, "I cannot be in attendance tonight and wish to go on record
stating that for the most part, leave the Charter as it stands. Correcting his /her is
acceptable (making language politically correct). Do not go through redistricting
every five years. Let the census guide requirements. Changing more often really
confuses the issue."
Chair Beatty expressed appreciation for citizen input. He stated that Jim Washington had taken
the time to write to the West Orange Times about the last meeting stating his position against the
strong mayor form of government, and encouraging citizens to make their positions known.
Member Dabbs, seconded by Member Combs, moved to recommend to City Commission
Nifty placing 3 -year terms on the ballot, proposing the election of 2 commissioners and the mayor one
Ocoee Charter Review Commission Meeting
`'r► June 16, 1997
year, 2 commissioners the next year, with no election the following year to complete the 3 -year
cycle. Motion carried 4 -0. (Member Poplin was not present.)
Recap of Recommended Changes
Chair Beatty reviewed the list recapping the proposed changes to the City Charter already agreed
upon by this Commission:
• Call the governing body council rather than commission.
• Review Charter every 5 years rather than every 10 years.
• Remove City Clerk (and Deputy City Clerk) positions from Charter.
• Make Charter politically correct - i.e. he /she, him/her.
• Amend Charter §C -30(C) to read:
"The Personnel Board shall be responsible for developing reviewing personnel policies for
the City which are submined 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."
(With the addition that the City Manager should also adhere to the Personnel Rules)
• Place 3 year terms on the ballot. (With the modification added tonight with 3 -2 -0 pattern
for the elections over the 3 year period.)
There was discussion regarding the use of council member vs. council person and Mr. Shapiro
%kw said he would check with the Florida League of Cities for the accepted form before the next
meeting.
In the discussion regarding which information to include in the recommendation to the City
Commission it was decided that only those issues this Commission would recommend for change
would be listed, rather than all those issues discussed. Chair Beatty said that he would respond
to any questions regarding other information from his notes.
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
.• Page 2 of 5
Ocoee Charter Review Commission Meeting
* June 16, 1997
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 - • L. ' I - - m of - e f _ - Ci u . n.. - , 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 remove terminate the City Manger in the manner provided hereunder
within forty -five (45) days from the effective date of adoption of the preliminary resolution
.: • ' . ' . . . t. • . . _ , then 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.
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
Page 3 of 5
Ocoee Charter Review Commission Meeting
June 16, 1997
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 he 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, subjcct to approval of the City
Commission. In the event that _(J) 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
% r not be a separate item on the ballot.
Chair Beatty asked the members how strongly they felt about pressing forward with the issues
that have been discussed over the past 6 - 8 meetings, and if they felt that the issues were
significant enough to warrant taking action.
Member Dabbs said there had not been a ground swell of interest in any issue other than retaining
the City Manager form of government and districting.
Member Combs said there appeared to be only the 3 year term issue and the clean -up and he said
he would be interested in learning what the cost of an election would be. He stated further that
he understood there was a petition circulating for the strong mayor form of government.
City Attorney Rosenthal said that if these items currently under discussion were included with
the election in March (sic) there would be no appreciable additional cost.
Chair Beatty announced the consensus is to present the items listed, including the provisions in
C -21 and C -22 regarding the City Manager, and the 3 year term item. He said he would get with
the City Clerk for the statistics regarding the number of meetings and the number of people who
spoke to each issue.
Page 4 of 5
Ocoee Charter Review Commission Meeting
June 16, 1997
DIRECTION TO ATTORNEY /STAFF
Chair Beatty said he would need help from the staff to determine the response from citizens on
each issue discussed and the request to be on the agenda July 1. City Manager Shapiro assured
him that a letter was not necessary as this Commission was scheduled to give a report.
CONFIRM NEXT MEETING DATE
The next meeting is scheduled for Monday, July 7, 1997 to review the input from the City
Commission and prepare a final draft for the July 15 City Commission meeting. An additional
meeting had already been scheduled for July 21 if needed.
ADJOURNMENT
Upon a motion by Member Dabbs and second by Member Combs, the meeting adjourned at 8:15
i
NON - AGENDA ITEM
Member Dabbs announced that he had borrowed Chair Beatty's pen at the last meeting without
returning it and confessed painful guilt as a result. He also had a card for his birthday party and
forgot to take it to him. He asked Chair Beatty to open a sack containing a gift of goggles and a
screw driver. The Ocoee Rent -a -Choir then sang Happy Birthday to Chair Beatty for his 50
birthday.
APPROVED:
Charter Review Commission
•
-�
J Grafton, ler'V Bru Beat , C r
- City tY
`"fir► Page 5 of 5
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. _ - .1. . - 1 . , r - m - n m. .r. is - th, h i M -r
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.
titaw 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 employm o f 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 remove terminate the City Manger in the manner provided hereunder
within forty -five (45) days from the effective date of adoption of the preliminary resolution
. . • • • ' _ . - . . ' : . - - , then 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
w 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
-- so - 1 - • .' - - _on•i., 'en r- • . _s _ - - ,r I • f re • ism _1.11
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 Manage , :..: • : . •
eommistion. In the event that 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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