Proposed Charter Revisions for Workshop
Prepared by Charles Bare
Issue 1: Powers and Duties
Summary:
The text referring to powers and duties for the Mayor and the Council should be changed to duties. These changes will alleviate ambiguity in the language of the charter and will better define all of the enumerated items as duties that must be performed by the appropriate entity.
Necessary Charter Language Changes:
SECTION 4.01
(a) Powers and Duties. The Mayor, who shall serve in a full-time capacity, and shall exemplify good citizenship and exhibit a cooperative spirit, shall have the following powers and duties:
SECTION 4.02
           (a) Powers and Duties. City Council Members shall exemplify good citizenship and exhibit a cooperative spirit. The City Council shall have the following powers and duties:
Issue 2: Duties of the Mayor
Summary:
There are two major impacts of these changes. First, the Mayor will become a member of the City Council thereby subjecting him to recall and ensuring that any communication between the Mayor and council members will be in the sunshine. This will result in the elimination of the Council President role and creation of a new Vice Mayor. This also means that the Mayor will be in charge of Council meetings and have the power to set the agenda.
The second change removes the legislative power to organize the government from the executive branch and, when coupled with the next issue, will restore that power to the City Council (legislative branch). It is important to note that this change, combined with making the Mayor of the Council, maintains the Mayor’s ability to have a strong voice in the organization of the government.
Necessary Charter Language Changes:
SECTION 4.01
(a) Powers and Duties. The Mayor, who shall serve in a full-time capacity, and shall exemplify good citizenship and exhibit a cooperative spirit, shall have the following powers and duties:
(1) To exercise the executive powers of the City and supervise all departments, including, but not limited to, the power to appoint, discipline, and remove all officers and employees, unless otherwise provided in this Charter.
(2) To enforce the charter and ordinances of the City and all applicable County, State, or federal general laws, special laws or ordinances.
(3) To present recommendations to the City Council on the requirements of its municipal government.
(4) To appoint a City Administrator, who shall serve at the pleasure of the Mayor.
(5) To appoint a City Attorney, with the consent of the City Council by an affirmative vote of a majority of City Council Members, and who may be removed by the Mayor with the consent of the City Council by an affirmative vote of a majority of the City Council Members.
(6) To appoint the City Clerk, with the consent of the City Council by an affirmative vote of a majority of the City Council Members, and who may be removed by the Mayor with the consent of the City Council by an affirmative vote of a majority of the City Council Members.
(7) To appoint the head of each department, with the consent of the City Council by an affirmative vote of a majority of City Council Members.
(8) To suspend, discipline, or remove a department head with or without cause, and without the consent of City Council Members, unless otherwise provided for in this Charter.
(9) To prepare and submit the annual budget and capital program to the City Council.
(10) To exercise a veto power over ordinances and resolutions adopted by City Council within five (5) days of adoption by City Council, except the Mayor may not exercise veto power over (i) an emergency ordinance as defined in Florida Statutes; (ii) those ordinances adopted as a result of quasi-judicial proceedings when such proceedings are mandated by law; and (iii) ordinances proposing Charter amendments, which the Council is required by law or by this Charter to place on the ballot. The Mayor may veto any “line item” in a budget or appropriation ordinance or resolution within five (5) days of adoption by City Council. A veto may be overridden only by an affirmative vote of a majority plus one (1) of the Council Members.
(11) To attend and preside over all meetings of the City Council with authority to participate in discussions, but without power to vote and vote.
(12) To submit to the City Council and make available to the public a complete report of the finances and administrative activities of the City at the end of each fiscal year.
(13) To keep the City Council fully advised as to the financial condition and future needs of the City.
(14) To devote his or her entire work time to the performance of the duties of the Mayor’s office, and hold no other elected public office while Mayor.
(15) To determine, consistent with this Charter, the organization of the City government and the power and duties assigned to the various departments.
           (b) Vacancy.
(1) Vacancy caused by death, resignation, refusal of the Mayor to serve, removal, or for any other reason, shall be filled by the President of City Council Vice Mayor as Acting Mayor, who shall serve until a successor is appointed and sworn in. City Council shall fill the vacancy by a majority vote, and such vacancy shall be filled within thirty (30) days after the vacancy occurs. The appointed Mayor shall serve the unexpired term of the previous Mayor unless the unexpired term of the previous Mayor is twenty-eight (28) months or longer. If the unexpired term is twenty-eight (28) months or longer, a person shall be elected at the next general election to fill the unexpired portion of such term.
SECTION 3.01
With the exception of the initial transition period pursuant to Section 10.07 below, the City shall have a Mayor-Council form of government. There shall be a City Council, which shall be the governing body of the City with all legislative powers of the City vested therein, consisting of seven (7) Council Members, one (1) to be elected from each of the seven (7) election districts of the City. There shall also be a Mayor who is elected at large and who shall not be a member of the City Council.
SECTION 4.03
           (a) Meetings. The City Council shall meet regularly at least once every month at such times and places as the City Council may prescribe. Special meetings may be held on the call of the City Council president or the Mayor or at the request of three (3) of the City Council Members to the City Clerk and, whenever practicable, upon no less than twelve (12) hours notice to each Council Member and the public, or such shorter time as the City Council president, Mayor, or three (3) City Council Members deems necessary in the event of an emergency.
           (e) President, Vice President of City Council. The City Council shall elect one of its Members as president and another as vice president on the fourth Tuesday in November of each year. The City Council may remove the City Council president or vice president by an affirmative vote of at least a majority of the City Council Members. In the event of vacancy in the office of president or vice president, the City Council shall elect one of its Members to fill the remaining term of the vacant position. The president shall preside at the meetings of the City Council and in his or her absence, the vice president shall preside. The president shall perform the duties consistent with the office and as otherwise imposed by the City Council.
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(e) Vice Mayor. The City Council shall elect one of its Members as Vice Mayor on the fourth Tuesday in November of each year. The City Council may remove the Vice Mayor by an affirmative vote of at least a majority of the City Council Members. In the event of a vacancy in the office of Vice Mayor, the City Council shall elect one of its Members to fill the remaining term of the vacant position. The Vice Mayor shall preside at the meetings in the absence of the Mayor. The Vice Mayor shall perform the duties consistent with the office and as otherwise imposed by the City Council.
SECTION 5.04
The Mayor City Council shall determine, consistent with this Charter, the organization of the City government and prescribe the duties and responsibilities assigned to the various departments.
Issue 3: Duties of the Council
Summary:
These changes provide greater legislative power to the City Council. The ability to establish financial controls and fix salaries is clearly a legislative power that was mistakenly omitted from the Charter. Likewise, the power to organize the government is a clear legislative power that should be vested in the Council. Only one other Mayor-Council City in Florida grants this power to the executive branch.
All legislative bodies must have a staff to be viable. This function must be granted to the legislative branch to ensure a separation of power and checks and balances. Finally, the ability to increase or decrease the Mayor’s budget by a majority plus one vote of the council provides an important check on the executive power.
Necessary Charter Language Changes:
SECTION 4.02
(1) To legislate for the City by adopting ordinances and resolutions in the best interest of all citizens of the City.
(2) To adopt the annual budget and all other appropriations necessary for efficient City government. ; to establish financial controls; and to fix the salaries of all elected officials as provided elsewhere in this charter.
(3) To inquire into the conduct of any municipal office, department, agency or officer and to investigate municipal affairs, and for that purpose, may subpoena witnesses, administer oaths and compel the production of books, papers, or other evidence.
(4) To override the Mayor’s veto of an ordinance or resolution by an affirmative vote of at least a majority plus one (1) of the Council Members.
(5) To devote such time as is necessary to the performance of City Council duties, and hold no other elected public office or be an employee of the City while a City Council Member.
(6) To determine, consistent with this Charter, the organization of the City government and the power and duties assigned to the various departments.
(7) To appoint a city council staff for the purpose of assisting it in the performance of its legislative function.
(8) To increase or decrease the mayor’s budget or any line item by an affirmative vote of at least a majority plus one (1) of the Council members.
SECTION 5.04
The Mayor City Council shall determine, consistent with this Charter, the organization of the City government and prescribe the duties and responsibilities assigned to the various departments.
Issue 3: Council Composition and Election
Summary:
The number of Council seats should be reduced to 5 and the method of election should be changed from single member districts to at-large with district residency. These changes would streamline council and ensure that representatives from every district were elected while being accountable to all citizens of the City.
Necessary Charter Language Changes:
SECTION 3.01
With the exception of the initial transition period pursuant to Section 10.07 below, the City shall have a Mayor-Council form of government. There shall be a City Council, which shall be the governing body of the City with all legislative powers of the City vested therein, consisting of seven (7) five (5) Council Members, one (1) residing in each of the to be elected from each of the seven (7) five (5) election districts of the City. All council members shall be elected at large but must maintain district residency. There shall also be a Mayor who is elected at large and who shall not be a member of the City Council.
SECTION 6.06
           (c) Valid Signatures. The candidate may begin to seek signatures on a petition supporting his or her candidacy once the requirements of general law are met. Only signatures of City electors shall be counted toward obtaining the minimum number of signatures prescribed in this subsection. Candidates for the office of Mayor and City Council under this petition process shall obtain the signatures of a number of qualified electors equal to at least five percent (5%) of the total number of registered electors in the City, as shown by the compilation by the Supervisor of Elections for the most recent general election of the City Council. A candidate for a single-member district position shall obtain the signatures of a number of qualified electors residing in the district for which the candidate seeks election equal to at least five percent (5%) of the total number of registered electors in the district, as shown by the same compilation.
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For the City election next following each decennial census, the required petition signatures shall be as follows:
(i) Candidates for the office of Mayor and City Council under this petition process shall obtain the signatures of a number of registered voters of the City equal to at least two and one-half percent (2.5%) of the population of the City according to the most recent decennial census.
(ii) A candidate for the office of a district City Council Member under this petition process shall obtain the signatures of a number of registered voters residing in the district for which the candidate seeks election equal to at least two and one-half percent (2.5%) of the ideal district population according to the most recent decennial census. For the purposes of this section, the “ideal district population†means the total population of the City based upon the most recent decennial census divided by the number of City Council districts.
           (d) Verifying Names. Each petition shall be submitted to the qualifying officer prior to the deadline established by general law. The Supervisor of Elections shall verify the petitions according to general law. Prior to the first date for qualifying, the Supervisor of Elections shall certify the number of persons shown as registered electors of the City, and of each district, for the most recent general election of the City, and submit the certification to the City Council. The candidate shall, during the time prescribed for qualifying for office, submit a copy of the certification that the candidate met the qualifying requirements, issued by the qualifying officer, and file his or her qualifying papers. Upon receipt of the notice and qualifying papers, the qualifying officer shall certify the name of the candidate to the City Council as having qualified for the office sought.
SECTION 6.08
           (a) Number of Districts. There shall be seven (7) (5) City Council districts.
           (b) Districting Commission; Composition; Appointment; Terms; Vacancies; Compensation.
(1) There shall be a districting commission consisting of seven (7) (5) members. The City Council shall appoint one (1) member from each of the seven (7) Â(5) Council districts of the City.
Issue 4: Salary of Council and Mayor
Summary:
A reduction in council members may lead to an increased workload for existing council members. If the reduction to 5 council members is accomplished, the salary of the council members should be increased and the Mayor’s salary should be tied to the council.
Necessary Charter Changes:
SECTION 4.01
           (c) Compensation. The salary compensation of the Mayor shall be set by ordinance, which shall take effect upon the Mayor assuming office following the next Mayoral election. The Mayor’s salary shall not be more than 5 times the salary of a council member.