HomeMy WebLinkAbout05-26-88 CHARTER REVISION COMMITTEE MEETING HELD MAY 26 1988
Chairman Beatty called the meeting to order at 7:35 p.m..
'' Reverend Mitchell led in prayer and Chairman Beatty then led
in the Pledge of Allegiance to the flag.
PRESENT: Chairman Beatty and Members Switzer and Mitchell,
Attorneys Rosenthal and Mlsna, and Deputy Clerk Swilley.
ABSENT: Board Members Hendrix and Pounds.
REVIEW OF ARTICLE IV OF THE CHARTER
The Board Members were provided with a draft of Article IV
with recommended changes. There was brief discussion on each
section as follows:
Section 1- Changes here were to add that the term of the City
Manager shall not be less than one year and addition of an
annual City Manager performance review. These changes were
approved as indicated in the draft.
Section 2 - 1) The addition here is that there shall be an
affirmative vote of a majority of all City Commissions
members to remove the City Manager rather than just a
majority vote. 2) The addition here is to allow a public
hearing if requested by the City Manager. These changes were
approved as indicated in the draft. 3) The change here is
to allow the City Commission to adopt a final resolution of
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removal or reinstatement by affirmative vote. Reverend
Mitchell was concerned that the Commission might not get an
affirmative vote on the final resolution and wondered what
would happen in that case. Attorney Rosenthal suggested
adding wording here that if within a 45 day period the City
Manager were not formally removed, he be reinstated. All
Board Members agreed that this was a good idea. (4) The
draft here allows for the City Manager to continue to receive
a salary until final removal. This was accepted as proposed.
Section 3 -The change here is to allow the City Commission to
appoint an Acting City Manager if the City Manager did not
designate one. Also it adds that an Acting City Manager
serves at the pleasure of the City Commission and can be
removed at their pleasure although this cannot affect this
person's other positions with the City. These changes were
approved as indicated in the draft.
Section 4 -This section deals with powers and dutites of the
City Manager and is mostly just clean up of language. h)
adds that the City Manager shall submit a quarterly financial
report rather than annually. k) was questioned by Mr.
Switzer. Chairman Beatty explained that this section was
added to protect the function of a department if the staff
left until a new department head could be located. All Board
*er Members agreed that all proposed changes in this section were
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May 26, 1988
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acceptable.
REVIEW OF ARTICLE V OF THE CHARTER
Each section of Article V was overviewed, discussed and
alternatives listed.
Section 1 - Alternative 1. A) & B) were conceptually approved
by the Board. Alternative 2. A) That the City Manager may
serve as the head of one or more departments without
Commission approval. This was not agreed to by Mr. Switzer
or Mr. Mitchell. Chairman Beatty stated he wanted to keep
Commission approval for this action. All Members agreed that
the City Manager should have Commission consent to head a
department but also agreed that if the City Manager wanted to
appoint one or more people as head of a department, he should
have the power to do so.
Section 2 - Attorney Mlsna stated that currently the City
Attorney is appointed by the City Commission. She listed the
duties and qualifications. 1) A discussion ensued with all
Members agreeing that there should be a majority vote of all
Commission Members to appoint a City Attorney. 2) The two
alternatives, which basically cleans up language and
formalizes current policy, were approved. 3) The Board felt
that the Commission should not be restricted by language
requiring minimum experience for the Attorney. 4) Reference
to Municipal Judge were deleted. 5) The Board felt that the
authority to appoint an assistant Attorney should rest with
the Attorney rather than the Commission. 6) The Board felt
that these alternatives did not add anything to the current
Charter. They, however did want language added for the City
Attorney to review any legal documents not drawn by the
City Attorney.
Section 3 - No changes to current Charter.
Section 4 - All Board Members felt that the language should
be strong to have the City Manager appoint the City Clerk.
Chairman Beatty stated that he would prefer to table any
other issues in reference to the City Clerk until she could
be present.
Sections 5, 6, 7, 8, 9, 10, 11, 12 and 14 These sections
were recommended to be deleted in their entirety.
Section 13 - The Board requested that language be added to
state that the City Commission may appoint a City Prosecutor
and that the City Attorney may serve as the City Prosecutor
with permission of the City Commission. The Board also
err wanted language added to have the City Prosecutor directed by
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May 26, 1988
the City Commission rather than the City Attorney.
Recess called at 9:15 p.m.
Meeting called back to order at 9:22 p.m.
ADDITIONAL PROVISIONS FOR CONSIDERATION
The following items were addition provisions discussed which
were included in model charters but not specifically
addressed in Ocoee's Charter.
1) Personnel system - Attorney Rosenthal and Attorney Mlsna
were to research current system, rules and regulations and
Merit Boards and report back at next meeting. Chairman
Beatty stated that the Board would defer the personnel issue
until next month when background would be available.
2) Police Department - Chairman Beatty wanted to seperate the
powers of the police department from politics without
degrading the City Manager's authority. Mr. Mitchell wanted
the Attorney to look into this matter to be sure that there
was no corruption with abuse of power by a City Manager.
Chairman Beatty stated that he felt the City Manager should
r have only administrative duties in this department. Attorney
Rosenthal and Mlsna stated that they would research this
issue in State Statutes.
3) City Engineer - The Board felt that giving the City
Commission authority to hire a licensed engineer at
compensation determined by them was the viable option here.
REVIEW OF ARTICLE VIII OF THE CHARTER
Chairman Beatty recommended that this be defered until next
month.
The Board was provided with a memorandum from the City
Attorney referencing Charter Amendments; Topics for Public
Discussion and also one referencing a Timetable for Proposed
Charter Amendments. The consensus from the Members was to
shoot for the general election in November. They want a
Public Forum meeting with the Commission in late July or
early August. The Board also wants a workshop prior to the
first reading. They also indicated that beginning in June
there were weekly meetings needed. Attorney Rosenthal stated
that there was a possibility of backlog in reference to the
staff standpoint and suggested perhaps Public Hearings be
scheduled in conjunction with regular meetings. Chairman
Beatty set the next meeting for June 02, 1988 and asked
`firâ–º' Deputy Clerk Swilley to nofify the 2 absent members.
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May 26, 1988
Chairman Beatty stated that certain parts of the Charter
Revision were ready for Public Hearings and that he could
handle newspaper notifications.
Mr. Switzer moved to adjourn, seconded by Mr. Mitchell and
approved unanimously. meeting adjourned at 10:03 p.m.
Chairman Beatty
ATTEST:
Deputy Clerk Swilley
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