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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 New 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 1 Page 2 Charter Revision Committee May 26, 1988 Ntairr 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 2 Page 3 Charter Revision Committee 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. 3 Page 4 Charter Revision Committee 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 4