City Attorney Rusty Wells issued today a memo to Mayor Mike Wiggins on the new charter, which I have received a copy of. It’s a preview to the full presentation Wells plans to give to the City Council at its Committee of the Whole meeting on Dec. 14. The new charter goes into effect January 1 and the current Pensacola City Council needs to determine how the transition will take pl.ace from Jan. 1 to when the first strong mayor and new council take office in 2011. The ordinances for the transition will be passed in January and February, 2010.
The City manager position is abolished effective Jan. 1, according to Wells, and the council will need to hire an interim city manager until January 2011 – which could be Al Coby. The Council sets the powers of the interim city manager. Mike Wiggins does not become the strong mayor with the power to appoint a city administrator. The first strong mayor will be elected November 2010, The primary is in August 2010.
The City Council will need to adopt a Code of Ethics and a set the salaries of the new mayor and the city council- but Wells says those decisions can wait until August 2010.
The New Charter says the first strong mayor and the new council members – with four year terms – begins at noon on the second Monday of January 2011 as provided for in the former City Charter, or on such earlier date as the office becomes vacant after the 2010 general election—meaning the old council and mayor could resign and let their successors take office early.
The mayor and Council districts 2, 4, 6, one at-large Council Member (“A”) will be elected to four-year terms. The others will face re-election in 2012 to set the staggered terms. District 2: Sam Hall; District 4: Larry Johnson; District 6: Jewel Cannada-Wynn; At-Large A – Diane Mack.
Popularity: 20% [?]
Hey CJ run for Mayor- it will help us. Great job showing us your reading comprehension.
No Boss Mayor supporters prepare for the new charter:
http://4.bp.blogspot.com/_YGLQQZTHoU0/SmxGssi_6xI/AAAAAAAAJUA/Zz0u7imz6Vc/s400/catintinfoilhat.jpg
There is a old rule that some posters need to abide by. The rule of holes…when you are in one, STOP DIGGING!!!!!!!!!!!!
C.J.
Could you mail me another flyer? You convinced me to vote Yes and invest in foil hats.
C.J.
Once again you’re wrong. You are completely misreading the document and ignoring the schedule for transition. It clearly states the elected offices will not change until the 2010 elections.
All council members and the mayor keep the power that they had under the old charter when they were elected in 2008.
Section 10 is very clear.
Section 10.05. Officers and Employees.
The adoption of this Charter shall not affect or impair the rights, privileges or immunities of City officers or employees at the time of the effective date of this Charter, including rights provided for pursuant to Chapter 447, Florida Statutes, and collective bargaining agreements.
Elected officers shall continue to hold their offices for the terms prescribed by the Charter in effect on the date of their election, and they shall discharge their duties until their successors are elected.
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Section 10.06. Existing Rights, Obligations, Duties and Relationships.
(a) Continuity. All rights, claims, actions, orders, contracts and legal or administrative proceedings involving the City shall continue except as modified pursuant to the provisions of
this Charter.
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(b) Obligations. No debt, contract obligation, or assessment by the City shall be impaired by adoption of this Charter. All existing debts, obligations and assessments shall remain valid and enforceable, according to their terms, under the Charter provisions applicable at the time the debt was incurred, contract signed, or assessment imposed. All obligations and rights arising in connection with projects financed under former Charter provisions shall be unaffected and remain in full force and effect as if the borrowing, taxing, bonding or other financing provisions had survived the adoption of this Charter.
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(c) Other Government Units. All existing rights, obligations, duties and relationships by law or agreement between the City and other governmental units shall be unaffected by the
adoption of this Charter and remain in full force and effect.
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(d) Commencement of Terms for Year 2010 Elections. The terms for the Council Members and Mayor elected in the 2010 general election shall commence at noon on the second Monday of January 2011 as provided for in the former City Charter, or on such earlier date as the office becomes vacant after the 2010 general election. This provision shall be effective solely
for the purposes of transition from the former City Charter to Section 3.02 of this Charter.
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Section 10.07. Transition.
The City Council shall adopt such ordinances and resolutions as are required to effect the transition. Ordinances adopted within sixty (60) days of the first Council meeting under this Charter for the purpose of facilitating the transition may be passed as emergency ordinances following the procedures prescribed by law.
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Wells is correct.
Wells incorrectly references Section 10.1 but Section 8.01 says “this Charter will become effective on January 1, 2010.” There’s no ambiguity at all. Section 3.01 says we have a new Mayor-Council form of government on January 1. Section 3.02 only pertains to transitioning from two to four year terms of office. Section 3.03 describes the term-limits which begin to impact incumbents starting in 2022. Section 4.01 says we have a full-time Mayor, leading a new executive branch on that January 1. Section 4.02 reforms the part-time council into a new legislative branch on that date too. Mike Wiggins becomes the Strong Mayor when the Pelican drops. He will not be a member of the council, starting January 1. Anyone who thinks otherwise should be ready to take Mayor Wiggins and the City to court to prevent him from taking office. If Mayor Wiggins doesn’t want the job there is a “refusal of the Mayor to serve” provision in Section 4.01(b)(1). Section 8.05 is a safeguard provision allowing incumbents to continue serving for the rest of their present terms. Section 8.07 authorizes the “new” council that begins meeting in January to adopt ordinances and resolutions to effect the transition. They have no authority to delay implementation of the charter provisions approved by voters. The Section 10.1 Code of Ethics applies to all elected and appointed officials and city employees and “shall” be enacted by ordinance “upon adoption of this Charter.” The charter was adopted on Tuesday. The council should enact the Code of Ethics at its next scheduled meeting.
Jewell will have real competition this time. The only safe seats are Johnson’s, DeWeese’s and Pratt’s.
District 6 is Jewel Cannada-Wynn. Mr. Jerralds serves District 5.