CCMtg08-14-80262
Iongma city Camdssion
August 19, 1980
The Irn:9iwod City Cxrtdssicn set at '1:30 p. m. To revrew the recemmndatra~s of
the Charter Advisory Cmmittee.
Present: Mayor Uskert
CZimissionesr Heppt
iJavidsclwceY, City Pdministeator
Aiclc Wen, representing City Attorney
mnala Berry, city clerx
Absent: maN.ssroner Mitc3,eu
Maror Uakext called n,e rzeeting w oraer ana recta the inai
1. rnarte< ~ceion 3.01 -city eanaisaiw, snb-seceion w) m~position - remnre„a
changing Sub-section (a7 Co~rsition to read -There sl~ll L a City Crnmission
r~gosed of at least (5) naii» s. (lfus d:ange ld give the (barter wifonnity
of carding between Sulrsectiws (a) and (g)).
Grol.e iailliaas stated that. the pminsed change mould provide consistency in
welling and weld not 11m{t adaitional mmussloners if City were £ her divided.
O.en questioned whether remmendation was clear, i to have 5 U trios
wiN ore Osmussroner fmn each or to Itave note than a:eortfmL r fmn each district.
Mr. wbert caves stated proposal was to respwd to prt¢ Lial grauth due to
Charter Seckion 3.03 -Mayor - mermrend striking fran tiu chaeter the
sentenrn IV> Camussroner may serve as Mayor for nore than ore year in suc~ssron.
Mayor []skeet a:ut C7nmissioner Hopp stated that they agreed with the recwmended
omposal.
3, on 3.06 - orfeiture of office: Billing of vacancies, Snb-
cn fe) FillingvoE Vacancies martrtend changing this sectiw to mad: Any
vacenry, hWever, su=ed in the City crnmission, slwll to filled in accordance
wrth the follwing promdums:
Sfnuld the vacancy occur w or txfom May 31 of the sewnd year o£ the elective
term, the Crrmussion is rapi red to fill the S! carry by an election to be
set within 45 aays of the date the vacancy occurs.
Should tl~e vacancy Dina a£Cee May 31 of the semnd yeaz of the elc~tive
term, the ~r s rc aired to fill the vacancy by appointmant of a
qualified individual wittan 21 days after the vacancy occurs.
Penaltres -Any Coamissioner wtw fails to act as set forth aWVe shall to
guilty of a misdemearpr; and, upw conviction tlrexeof, shall be pu:tistwble
by a fine of not rtore than thine hwaxN mllazs ($300.00) or by ingrisonrent
for not iron than ninety aays or both.
f+iyor Uskert stated that he agr~d with shorVning the tv~e period to 45 days.
Mr. Wen questioned whethu 45 and 21 days was a sufficient period of Une.
~~g
Mr. tmbert Uaves stated that he urds the author of tlv.s particular reoxmendation
and was svlmitted due tri difficulties encountered in hold a special election after
tt~c Lazt vacanry occurred.
7r. linen stated that he wasn't s,se in{nsition of the stated penalties was proper
and wanted to investigate this further. Camussicner Hepp agreed that the City
rney should 3~; into the wnalties further, Mr. O.m stat .l tJUt ether 1e9a1
~radies might Ce ~rore appropriate. Mr. Daves stated that a Writ of Pfandar~us tmk
six to seven rzwths to get actron before. -
9. City A,-nviistrator es Elected Mayor - xemrtrtrnd inn wing a City Adminis-
appcinted by the Camu and that we address linking at the authority of
thetcity Admvti.strator ana thespol:icy vtt~n9 role of the Gmnission; i.e. checks
ana balan«a.
Nayor Uskert stated that when he first care to Lm9iavd ne has opposed to Use City
Adtinistrator type of govEmemnt but after observing Ion9woo3's govamrent in
operation, he nv.+ agrees that it efficient tyEe 9ovemrtent, Commissioner
vQpp statea that he agreea with ure city nmmni.stramr type yo"ernnpat.
nr. Hobert Navas etatea that the wne of contention is H,at the atr wmd.,,istramr
ranch p.~xer ana C tea a e of three newly eleceea o~m.;.ssioners t~ai~w
required w observe a previously passed budget. m,er Grant stated that
the Eudget as subject to a mid-yeaz rnview and rould L rchanged at that ruin if the
CanN.ssionexs were dissatisfied.
Kircher stated that the puxpase o£ Hie xetvmsnaation waz nt crittclze
the present City NAtinistrator but to suggest to the Cmmi that they continue
to exererse mntxol and direction over the City A3~tinistratox~
Mayor Uskert stated that he thought the Cartussion waz exec sing ocntrol and duection
r Hie City Administrator and that he was no of anytim: that the City
#NUnistratnr had acted without the wnsent and approval of the City IXm,ussion.
5. 4.04 Apptintrzent of City Administrator - [~mmmnd changing the sectim to
to read tl+e City Camdssirm shall annually appoint a City NAUnistrator fox a one
(1) yeas to d fix his mngensation. 19v.s ap~intrent nest Ce rtade by not less
than three (3) af£in,utiw rotes of the Commission.
Csmissicnee toxmann and Mayor Uskert stated Uat they were oppased to this re
sendation. Virginia [']amer stated that she was apposed to a az texm~~
Hepp salted hat he was also ~pcsed to the recwmendatiot (bmnrssroner
Giant stated that he agreed with the remmrendation.
dimes Boss searaa rnat me puxpcse of ens re m,~,aation wastm enable the
City Crnamission Tn a a diocre individual frem the {~sition wiHwut a long
dram out dunlssal procedure. ~circher stated that the City ArMinis+rator
as the Brost difficult person in theSCity w reprove from office. Cnmmissi.mier tkpp
suggested that the pxoceduzes fox xeiroving the City Administrator to reviewed to
determine if they ware tin difficult.
6. Charter Section 4.04 - App>inGrent of City Ar4Nnistrator - recvnrend tlwt the
last sen of tFUS ~ctron be changed to rnad as follows -the Administrator shall
th aplvinT¢d on Hg bazis of qualifications defined in an ordinance ox resolution.
11,e Caimissia, decided to ~ ue this item since it was so closely relate3 to
remmendation nwiber five atwve.
20~
s. cnaxrer sect;.on 9.01 - miriative - reo~sa changing section s.oi by
daleting me phrase °pro~iaea mat s,sn poker shall not ente„a ro the bW9ex
capital program or any ordinance relating to apprppriation or money, levy of
taxes, or salaries of City Officers or mQloyees." ~~
[d'~bei paves stated that the pur{ se of the remmendation was to proviY
a protection for the electorate. Si~my ten stated that the ca ens should
nave the right to say no to govemrent and stop exce re spendingtrzCamdssioner
Grant stated that the people always have the right mschallenge the Rovemrtent.
8. barter Section 9.02 - Aeferendus -Section 902 be changed bf deleting the
phrase "provided that sutlr psxer shall not eKend to the budget ox capital pxogrsn
any eimrgscy o ].finance o ordinanrn relating W appropriation of money, levy
O£ taxed, or salaries of City Officers or a~ployees.
Nr. Cnacey stated that ne was c~insed to the remnmsdations of ita~s) and 8.
cited the exaaple of Capital iaprouarents where projects mat had been in progress
fox tw o xe yeazs uvula to stopped after osisiaerable nrmey had been ewe dat,
~n~ mat me Capital Program and u,e euaget m deleted frdn me remmen-
a~atton.
nr. ae,~ stared mat in hie legal Opinion, the a,ange was unoa~timeiolal and
cited the 1933 case of Nae£e vs. St. Petersburg.
Mr. Fobert N4£L stated that in New York forty percent of schml budgets am
rejected every year and ne disagreed that me remmendatim, was umm~stitvtional.
Mr. Jirmy Pas stated that to Fad decked with other cities in the area. Orlando's
charter contains the amrzrendation ProNSerl. Of other cities decJCed, s
have the reocmrendatinn and others to nrrt. Cry c such a Son9C+md oantca.ries 1l
the language of the fbdel C es Ctwrter. rated that he agmed .. ~
with the remnrendations ofrthe tM Pdvisoiy Caamitteercnritmu 7 and B.
9. 6tarFe Section 9.04 -Petitions, subsectim (a) Nwfiex of signatures to
read fifteen pert (1587 instead of six percent (6%).
ice. [bbert owes stated mat lsa fie a avbsrantiaz nwntar Of people.
30. Section 10.01 - Charter Pimndnmts, Sutsection (b)(3) - Certificatian of
eartend 'releting the cards "an the last regulaz City election fx'mi
thisusectr O..mn agreed that rone change was desirable, suggesting me
sentence read "the host current .
11. Charter Adoption date - Septerber 26, 19"18 - mnrend date o£ a<bpticn
be included in Cnazfer. was agrcea tlwt the dateeof adgrtion of Nye aaz r
be placed on neat printin9t The (bnni.ssion agreed to provide a provision for future
reviews of the Charter.
iaayor Oskert stated he believed there was a need for one additional wrksnop. T
Camdssion thanked the rtelbers of me ChaKCr Advisory Camuttee for their excellent
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