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HomeMy WebLinkAbout01-04-93 WS '-" MINUTES OF THE OCOEE CITY COMMISSION MEETING TO REVIEW THE tWf CHARTER HELD JANUARY 4, 1993 Mayor Vandergrift called the meeting to review the Charter to order at 7:30 p.m. in the Ocoee Commission Chambers. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Johnson, Foster, Combs and Woodson (arrived at 8:00 p.m.). Also present were City Manager Shapiro, Director of Administrative Services Beamer, City Attorney Rosenthal, City Engineer Shira, Building Official Flippen, Public Works Director Brenner, City Planner Behrens, Fire Chief Strosnider, Police Chief Boyd, Personnel Director Psaledakis and City Clerk Grafton. ABSENT: None. Mayor Vandergrift asked Commissioner Combs for ideas regarding conducting the meeting. Commissioner Combs stated he wanted to make sure they went through the Charter and had the City Attorney advise them on each position. He deferred to City Attorney Rosenthal. City Manager Shapiro stated the reason for the mandatory staff appearance was for questions. He said this was the opportunity to ask the questions and get a reading. He considered the Charter to be a guide and hoped the staff would feel they could have input. '-" City Attorney Rosenthal stated he reorganized the Charter in summary format on a more functional basis to highlight areas that impact City operations. He did not sense that they wanted to talk about districting or how the Charter is amended but focus more on administrative aspects of the City and what the relationships and roles are among those positions created in the Charter. He felt it was necessary to address how anyone who had a question in terms of practical things with which he or she had dealt, e.g., conflicting directives, could resolve the problem and the procedures the Charter has for addressing those. He then reviewed the positions established by the Charter. City Commission Established as the governing body of the City. All powers and privileges under the Charter are vested in the City Commission unless the Charter provides otherwise. Mayor A voting member of the Commission serving as the presiding officer at the City Commission meetings. The Mayor has no administrative duties and is designated as the head of City government for ceremonial purposes and has the authority and responsibility to sign all legal documents. ~ Mayor Pro Tem Generally elected annually by the City Commission, this is a member of the Commission who, in the absence or disability of the Mayor, functions as the Mayor. Ocoee Charter Review Meeting '-" Held January 4,1993 City Manager The chief administrative officer of the City. Responsible for the administration of all City affairs for which he is given responsibility under the Charter. Mr. Rosenthal indicated some areas on which there had been some discussion. He said the powers of the City Manager include the appointment, suspension, and removal of all city employees and the direction and supervision of the administration of all City departments. City Attorney The attorney and counselor for the City, responsible for the preparation and review of legal documents, contracts, etc. City Manager, City Attorney and City Prosecutor are the only individuals appointed by the Commission. All other positions are appointed by a different person, generally the City Manager. City Clerk The custodian of all papers pertaining to the City with numerous other duties. Appointed by the City Manager, subject to his direction and supervision. '-' City Prosecutor Involved in prosecution of certain criminal ordinances and advice to the police department. Acting City Manager A member of the staff who is designated by the City Manager and serves as City Manager in the case of temporary absence or disability. Appointed by the City Manager subject to the approval of the City Commission. Deputy City Clerk Appointed by the City Clerk, subject to the approval of the City Manager. Performs the duties and functions in the absence of the City Clerk. '-' Mr. Rosenthal explained any changes to the City Charter are by ordinance. The Commission has broad discretion in establishing the departments and describing the functions thereby creating positions for the City Manager to appoint and departments for him to administer. After the Commission makes those legislative decisions, it is the responsibility of the City Manager to administer all the City departments or to designate an officer of the City who administers those departments subject to his direction. No member of the City Commission is entitled to dictate the appointment or removal of any City employee. This was specifically talked about at the Charter Commission with the intent to make the City Manager position somewhat stronger than it had been. The Charter recognizes that each member of the Commission is entitled to express his or her views to the City Manager, in public or private. No City Commissioner can be an employee of the City. Ocoee Charter Review Meeting '-'" Held January 4,1993 Powers of the City and the City Commission The powers of the City are vested in the City Commission. These are home rule powers with all governmental, corporate and proprietary powers unless they are prohibited by law. The Charter, which was adopted by the residents of the City, imposes some restrictions on those powers, which are generally vested in the Commission. They are listed in great detail in Section C-8 of the Charter. The fact that something is not listed does not mean it cannot be done. The only reason it could not be done was if it were contrary to the Charter or a law. The powers also vested in the Commission are to create and appoint boards, commissions, and committees to advise and assist the City in carrying out municipal functions. In the past there had been some discussion of mayors, commissions, etc., and those are not addressed from an authority standpoint in the Charter in terms of the official functions of the City. There were a number of powers he listed that are scattered throughout various parts of the Charter, which vest different powers in the City ranging from designation of an accountant to establishing City departments, to adoption of the budget and amendments. '-" The Charter Commission put in the Charter a provision establishing a Personnel Board which, from a strict standpoint of looking at a council/manager form of government, does not mesh with the council/manager form of government. The Personnel Board had not been implemented by the City Commission. The Charter contemplated that ordinances would be adopted which would implement it, and that had not happened. Powers and Responsibilities of the City Manager Responsible for the administration of all City affairs for which the City Manager is given responsibility. These include the powers to direct and supervise the administration of all departments, offices and agencies of the City except as otherwise provided under the Charter. This is a very broad granting of power to the City Manager, which cannot be limited by the City Commission. An ordinance cannot be passed nor a directive issued that would limit the powers of the City Manager. Listed in detail in Section C-24. He put a summary of each in the handout. Under the Charter, the City Manager has the right to participate in all discussions at the City Commission Meeting. City Commission Meetings The City Manager is vested with the authority to establish the agenda for all City Commission meetings. However, each City Commissioner has the right to tell the City Manager to put a particular item on the agenda regardless of whether he agrees with it. Only matters on the agenda can be considered by the Commission except for emergency matters, and the Mayor alone, subject to certain legal parameters, determines what is an emergency matter. A special meeting requires 24 hours notice. '-' 3 Ocoee Charter Review Meeting ~ Held January 4, 1993 Powers and Responsibilities of the City Attorney Interfaces in terms of departments, the City Manager and the Mayor and Commission. The City Attorney is the attorney for the city, not for any individual. He furnishes to the City Commission and the City Manager opinions on any questions of law affecting the City or otherwise reflected. Upon request of either the City Manager or the Commission, the City Attorney would provide assistance to the board, Commissioners, etc. Mayor Vandergrift called for comments. City Manager Shapiro stated for the record the question of the Commission's going to the department heads and avoiding the Manager's office for the purpose of complaints, etc., and asked what the Charter said about that. Mr. Rosenthal stated the Charter does not address that specifically and explained the rights of the Commissioners. Mr. Shapiro said at one time or another, all the Commissioners had taken a complaint conveyed to them to the department heads unless it was a major issue. He felt if the issue were major, the first responsibility of the department head was to go to him. For the record he said he did not know that the Charter was trying to avoid the right of anybody, but most particularly the Commissioner who has the responsibility to the public to be able to get something officially done. '-' He said in the case of a pressing problem where he is unavailable, the Commissioner should be able to go to a department head and, for the record, that was where it ought to end. He felt that taking a problem to someone in a lower position than a department head, unless that person is an acting director, could put that person in an awkward position. Mr. Rosenthal stated the Charter gave the Manager the discretion to allow that to happen, and he felt that going below the department heads might convey a feeling of intimidation or a wrong answer might be given. Commissioner Combs questioned the appropriateness of an employee's going to one of the Commissioners to talk. Mr. Rosenthal said he felt there was a right to talk to any employee who went to him. Mr. Shapiro said he had no problem with that. He thought it was the responsibility of the elected official, who seemed to think there was an employee problem, to go to him, the department head (or both) and talk about it. Mayor Vandergrift asked if the things being discussed should be in the form of written policy so the staff as department heads and the Commissioners and City Manager had a clear delineation of it. Mr. Shapiro said the problem he had with that was that every manager and every staff and every Commission might have a different view. Mr. Behrens stated he did not believe a written policy was needed. He said he felt each employee should have the right to go to the Commission; however, if one of the people in his department were going to the Commission because of something he was lacking in or because of job failure, he would like to know about it immediately so he could address the situation. He said he believed that was why there is a City -- 4 Ocoee Charter Review Meeting "--' Held January 4, 1993 Manager and a chain of command; otherwise, there would be anarchy, a breakdown in personnel procedures. Personnel Director Psaledakis stated often an employee, for whatever reason, becomes disgruntled, and the department head becomes the scapegoat. She believed the City Manager and department head needed to be told right away. Police Chief Boyd expressed his opinion that the department heads are an extension of the City Manager's office. Fire Chief Strosnider stated he works for the City Manager and expressed his opinion of handling the small things and staying within the Charter guidelines. Chief Boyd expressed his opinion of the Commissioner's communicating with a department head in the case of something urgent and then informing the City Manager. Mr. Shira said he agreed with what Mr. Strosnider and Mr. Boyd said. Mr. Shapiro said it becomes his responsibility to determine whether it is something he cannot do. Mr. Shira stated he understood that and elaborated. Mayor Vandergrift said a policy needed to be in writing that delineated those decisions for them. He said the things being discussed were not Charter issues but policy issues. '-' Mr. Shapiro expressed his opinion that the mayor should not be talking to the employees. He said he felt if an employee wanted to go to him and speak to him because he had a problem, that was fine. He did not think it was his responsibility or his right to say he wanted to call a meeting of any department. He might want to do something and not be able to get it accomplished for lack of budget, votes, etc., bringing up the hopes of people for something because of his position. He said he thought he was beginning to move into the area of administration. He said he thought it was fine if he wanted to talk to citizens, but he did not think it was his right or responsibility to talk to employees. He said maybe there was a need for the Mayor or Commissioners to have a meeting with the employees once a year, but he had a problem with them as individuals making the contacts. He said he thought it was inappropriate and was the job of the department head and City Manager. He said he thought there was a fine line and he did not know how to put that line down in writing. He said he thought if they put it in writing, they would be wrong. Mayor Vandergrift said again they were not talking Charter as much as a policy item. Mr. Shapiro said he thought the broadest you could be was the best when talking about people things, and the talking of the situation gets to the point where two good people can sit down and determine what is right. He said the Constitution is good because it in general allows for deliberation for the freedoms we have. He would be concerned if the Constitution were added to by writing a policy. He said the previous mayor approached him about having a discussion with the employees, and he suggested having a meeting. That case would have been an organized situation that did not require his or the department heads' presence. He said he had a problem with doing it on the basis of any given moment since he, as well as the department heads, is held "--' 5 Ocoee Charter Review Meeting '-" Held January 4,1993 responsible. He said he holds them responsible for getting a job done. The problem he thought they had as determined in their minds was what came first, what was their responsibility to get done. If a Commissioner went to them and said he wanted a full report on all the widgets of the City by the next day and they had to get all their staff reports done for a Commission Meeting, they should be able to say they could not or would not do it because they had to get that done, not that they did not want to do it, but would have to do it later. Commissioner Woodson arrived at 8 p.m. Chief Boyd said he felt they respected all of them as their superiors, but ultimately they answered to the City Manager. He felt there could be an impression that they were trying to undermine the decisions of the City Manager. '-' Commissioner Johnson said if he saw the garbage did not get picked up, he would ask if it could be done. In the case of something major, he said he had all confidence the department head would call the City Manager and ask him anyway. He said in that case, he would go to the City Manager. He said he usually approached a department head for general information. He said the Commission is there to set policy for the City, and the City Manager is there to run the employees. He said anyone should be able to ask a Commissioner a question. He said if someone approaches him, he tells that person he will go to the City Manager and find out the problem. There was a request for the names of employees for the next meeting. Building Official Flippen said he had no problems if any of the Commissioners went to him. He said he had been with the City almost four years, and at one time or another they all had come to him. The contact had been regarding something unusual like a neighbor complained about rats or high weeds and the question was if I knew about it and if there was anything he could do about it. None of them had ever given him an order or requested anything unusual, and he liked working that way. He said he had sense enough to know if something unusual came up to go directly to the City Manager with it. He did not see that a written policy was needed. It was a good open system that worked. Public Works Brenner stated he felt it had been clearly defined that they worked for the City Manager. He said there were times when the conversation with a Commissioner was unrelated to City business. He thought that was a comfortable feeling that they should all have since they were trying to promote the team concept. He felt it was important for someone to have a full understanding of what each one was supposed to do. He seconded what the others said. '-' 6 Ocoee Charter Review Meeting '-" Held January 4, 1993 Administrative Services Director Beamer said fiscal accountability was the responsibility of the department heads. She explained and said the understanding or interpretation the City Manager had of what the Commission said throughout the year should be the policy and direction for the City. Mr. Shapiro said time was one of the most important points to be considered. If a request were made that created a problem, the department head should be able to say so or get the City Manager to say it. He said he felt there had been times when the department heads agreed to do something but were unable to complete it because of time. He did not think that was a good way to run the City. Commissioner Woodson said there had been a request that breaks no longer be called bathroom calls. '-' Ms. Psaledakis stated she did not recognize the Commissioners as her supervisor. She said she recognized only the City Manager as her supervisor. She said she had been with the City almost two and a half years and had dealt with each of them individually, and never had anyone come in and made unnecessary demands. She thought they had come in and asked some very sensible and legitimate questions about why a termination was being handled a certain way. In sensitive cases, the City Manager was well aware of what was going on and briefed the Commission before the press learned of them so the Commission was not blindsided with the information. If a Commissioner asked a specific question, she copied all Commissioners with the answer. She felt it was not fair for one to go to her and have information that the rest of them did not have. Commissioner Woodson said he was guilty of asking them to do things for him or the City without going through the City Manager. He said sometimes it was something he had received a call about; sometimes it was on the weekend when water was running over someone's land. He said he had talked to the drivers of the garbage trucks and had gone out with the drivers in the Engineering Department going over the roads. He said he got out and got involved. He said he hated to think he could not do that. Mr. Shapiro said his opinion was that they could do about anything they wanted, but if it was wrong, he would tell them. He did not think anyone was saying there was a set rule, but about the only thing he did not let anyone get involved in was personnel. When there was a personnel action to be done, he would tell them about it, but he did not think there was any part of the grievance procedure that included a Commissioner or the Mayor. He said he thought the only good rule was that everyone ought to do it the way they had been doing it unless told differently. Commissioner Foster said everything should be done in moderation as opposed to excess. He liked the flexibility of being able to go directly to the department heads if he had a request. He ~ 7 Ocoee Charter Review Meeting '-' Held January 4,1993 agreed with Commissioner Johnson and several others who said they should practice moderation with the requests and use common sense in their conversations. Requests should be of a general nature, and if it involved something major, they should go to the City Manager since his was the ultimate decision. He also agreed with the concept voiced by several that department heads were under the direct supervision of the City Manager. They were not employees of the Commission, and as Ms. Psaledakis pointed out, they were not their supervisors. When they made a request, it should be something of a minor nature, and if it exceeded the authority for them to do so, they should tell them and ask the City Manager his opinion. Commissioner Combs said he had talked to everybody. People approached him, and he felt he should keep an open ear. If he was approached about a problem, he kept it very confidential and did not pass on names. He said the second person to hear about it was the City Manager, whom he asked to take care of it. Mayor Vandergrift left the table at 8:27 p.m. and gave the gavel to Commissioner Johnson. He returned to the table at 8:30. '-' Commissioner Combs said he felt the City Manager had been open regarding the appointment or removal of an employee. He wanted to keep that as a good avenue. He asked if a Personnel Board were ever appointed what it was supposed to do. Ms. Psaledakis stated a Personnel Committee had been appointed, and from what she understood it was for the purpose of reviewing the rules and regulations and taking those things to the Commission where revisions were needed. She asked if this were the same thing. Mr. Rosenthal stated no and said this was an idea the Charter Commission had. As he recalled, the view expressed was that they wanted to create a stronger Council/Manager form of government, but at the same time they wanted to provide what they considered to be greater protection to the City employees to create some insulation and procedures in terms of removals and policies affecting employee rights. The Charter calls for a Personnel Board with five members appointed by the Commission for three-year terms, including one City employee, one City Commissioner, one person who holds a management position with the City and one person not employed by the City. The purpose was to develop personnel policies for the City and recommend such policies to the City Commission for adoption and to have such other powers and duties as established by ordinance. Discussion followed. Mr. Shapiro said he thought Mr. Bateman asked for the committee to be formed to give the employees an opportunity to speak for themselves. The board was made totally of employees, which made sense because who can protect the employees better than ten of their own. He thought it was a far better board for the protection of the employees than anything you could form by having a manager, a commissioner and an outside person and one employee. Whatever '-' 8 Ocoee Charter Review Meeting '-' Held January 4, 1993 they brought up and voted on went directly to the Commission as the rules and regulations, and he would intend to do the same thing again. If they wanted to form a board, it was up to them, but they had already done that. ~ Ms. Psaledakis said the first meeting of the Personnel Committee was scheduled for Thursday, January 7, at 4:00. The purpose of the meeting was for the revision of personnel rules. Language had to be put in concerning ADAs and sexual harassment. There were some housekeeping issues with which they had to deal, and some of the employees were interested in refining the personal leave policy. Amendments already adopted should now be incorporated. Mr. Shapiro said the chairman of the committee had never been anyone but one of the employees. Mayor Vandergrift stated if they wanted to adopt something and gave it to the staff and the staff did not adopt it themselves that they did not have to take it to the Commission. Mr. Shapiro said anything in the rules and regulations was by ordinance. He said they had passed an ordinance called the Personnel Rules, etc. Ms. Psaledakis said it goes to the City Manager, and she makes sure it meets the legal requirements and that they are not violating Florida Statutes. Mr. Shapiro said there had been times when he disagreed with them, but he said if they wanted it sent to the Commission, it went there. Mayor Vandergrift asked if they were part of the ordinance to set them up and if the personnel policies were contained in the ordinance. The answer was yes, and if there were policies beyond that ordinance, the answer was no. Mr. Rosenthal stated the ordinance was in book form that was adopted all at one time. He said the old code had the old personnel policies in it for economic reasons as much as anything. They did not feel it was necessary to print and duplicate the City Personnel Policy. If anyone wanted one, he could get it. Mr. Shapiro said he felt the Charter was the minimum. Discussion followed. Chief Boyd spoke about job security for department heads. Mayor Vandergrift spoke of the possibility of offering department heads contracts similar to what the City Manager had. Mr. Shapiro stated a contract with the mayor or the City Manager would be a violation of the law, and the City Manager could not enter into a contract because he did not have the right to sign it. Mayor Vandergrift left the table at 8:45 and returned at 8:49. Commissioner Combs said he would like to see that any hiring or firing of department heads be reviewed by the Commission first, not that they would have the final say. Mr. Shapiro said he saw a problem about having an open meeting when there was a bad department head with the possibility that what was said being used against the City in a court of law. Commissioner Combs stated he felt the department heads should be discussed with the Commission. Mr. Rosenthal stated from a personnel standpoint he felt there was a high risk of things being said in a Commission meeting that later could be used against the City. He said the preferable way to do it, which is consistent with the Charter, would be for the Manager to meet individually with each '-' 9 Ocoee Charter Review Meeting ~ Held January 4,1993 Commissioner. It is not a Sunshine Law problem because it is a matter on which the Commission has no authority to do anything but can consult. He was not recommending it but was stating it would work within the confines of the Charter on some kind of consultation basis. He felt this would give the Commissioner feedback on the hiring and firing so they would not be surprised and expressing their views after the fact when it was too late. Mr. Shapiro stated he had sent copies of the resumes of people he had hired with a note. The Commissioners have always had the right to do a consultation and deal with him accordingly. If he were hiring or firing people inappropriately, he expected he would be in a lawsuit. He knew he wanted to protect the department heads, but if they insulated a department head too much, the City Manager would be rendered ineffective. Then the City Manager would have no way of dealing with them. Generally in business the department head does not have the protection of the employee. Commissioner Johnson stated maybe there ought to be a survey of how other cities handle it. Mr. Shapiro stated the Commission always had the right to let him go for cause. Commissioner Woodson stated he felt if a Commissioner went to the City Manager with an employee problem, all should know about it. Mr. Rosenthal said if any member of the Commission wanted to talk about an employee at a Commission Meeting, that was their prerogative. The City Manager could not tell them they could not talk about it. In order to keep everyone informed, a memo can be written. Discussion followed. The department heads have the same rights as the other employees. ~ Ms. Psaledakis explained the grievance procedure. Chief Boyd stated he felt there should be some kind of severance pay established, and that the Personnel Committee could recommend severance pay. Mayor Vandergrift stated some of the areas of misunderstanding had been cleared up and that he liked seeing the dialogue. He felt the meeting was a good idea. Adjournment Meeting was adjourned at 9:08 p.m. Attest: APPROVED City of Ocoee S-<' 'W: . .~~+ u S. Scott Vandergrift, Mayor '-' 10