Charter07-30-86MinA
Ra Wit,
(�itv L, f longwoub
17, Owl W.-D A.,
CRD,.R,O * 3,ltlib. 32750-4197
0,1.11310555
July 30, 1986
HONORABLE
MAYOR AND CITY COMMISSIONERS
The Mali- appointed
C111iIl11 11, 1p�llll MY the City
Commission R October.October. , 1985 'a __., he Chat'a, .the
City
. . Longwood '9' "I."%'�c ....... "'Df any h.ag-
noneid-ed late lb it, C �!.i. I
The Ch—,, R,,i,, Committee itte, b,� held , —.1 f nine (9)
... ting, ith the final
aet , ., hell III:_ The
Comm ill .. conducted . thorough la".R , each ,.R ., the Chat ter and
it i, P,lia,ad that the final list Of
,-.,.e.d.d b.nga, Rill p...e beneficial and improve the
Che 't" .
The fall —in, change. are b—by --.d.N:
1. —ti-3.Glial. It I, — ended that eacti- 3.01(,)
. changed
to
sad - fall ... COMPOSITION. ThThereah.l he .l
City C ... —ian —p.aad of five (5)
11idesignated
11"i"T' Each .hi�1h ..... sdi, "Ulti t'N- d' incontain a.
geographicalgeographicaldi—i�t, -1h-il
equal a -.bar in population as practicable."
It i . — understood
t ... ... P"'i"" —ld permit
inghe ...1 should the
City —,
- the . number Of districts; however, 0't' the
geographicalji.ithafhaCIty,fI 5)� rids should be sufficient.
St LjCN-3.Qjjtj-QATa_QFQFFLCE. It I. re mended that
the
ection be changed ""ends a;ihg in of e.1y
elected
CZI.wl:a 1,.d..at'_eI:c: The Committee's --dIia. Ran N..a upon the
that .. ly —C. 1 �,d .-lonerspossible
houldaum . is
duties and _gnt it ,liliesi. ..n I b et
l.- f ,tg,ing C
It in recommended
that the n—i— —a' be changed to read fisting of it f five �fl
It i, understood that
this P"'ii"— nld P -it
i___g the number Of
Comm i.—a.- ahthe City .'et
inciathe n .... .. districts)
however, in via.w If the
... Penn— 'T"Th teal Ii.its of the City,a a (5 ) a, —i—
ah..la be -Cf ini-t.
Aa Enj I Oppu,Ianllg K,nplhp,
4. Sect l£n_4 o;___C [TY__DTT4&NEY. It i ended that
Che be changed to delete the [equi[ement that the
City Atto r� y be a ember in good standing of the Florida
Ca,i ation and have pr acttced in tor he State of Flida
fo[ ItsI east Eive (5) years prior to appointment.
It is believed that the requirement that the City
Attorney have of five (5) years p[actiI, before
the Florida all r ary and limits the ability of the
City Commission atonu ,.their discretion rn appointing a
candidate of their choice.
5. Section 4_QEE4INTtlENT__ANP _TEBtl_4E_QEEIQE_4e_CETY
CLEaR _ANo_ATTggNEY. It i .commended that Section 4.03 be
amended to read as follows:
The City Commission by majority vote shall appoint the
City Attorney and City Cle [k, a ... compensation as rs
deemed necessary and proper, forindefinite te[ms.
The City Attorney and City Clerk e the only [
positions within the City to require a ualappointments.
Section 4.03 provides adequate provisions for r val of
umbents sho
ould the Commission c bider it n ary. It
e believed that ing the requi[ementor III
ual
appointments ouldrepromo to desired job stabilityan and
encourage career status of incumbents.
6. Section_ 4.o6 __ACTLNG___CF.Tg__ no,INIMAT4E: It is
ended that this section be a ended as follows: Insert
,heoEollow ing sentence following the first sentence. "In n
shall a Acting City Administrator be appointed for a
period exceeding 90 days."
rThe Committee believes that pe [manent City
Adm inI st r a[or required for the efficient administration
If the City bede side[. 90 days sufficient time to replace
an Administrator who resigns or one who is te[m mated.
�. Section 4 0]jli P4&ERS AND PPTIES• It i .commended
that this section be amended to read as fallow::
The City Adminis t[ator shall appoint and when
the City Administrator deems it ary for the goad of
the City, may uspend o all :City employee and
department heads Sn orlon.... ith the personnel rules of
the City of ongwood' Flo rida,wad.pt.d pur ant to the
requirements of this Charter. Provided, Showever, all
u...nded or discharged employees or department heads may i
ord ante with the personnel policy have theft uspension
rcdischarge r wed by the City Commission aIdspC4yidj.4
o .vie
fu[theE__[Na£__the,__Se90irepent. 4I__Sh€__&quthe [0 __StSOASLd
eui}ding Code shall be_ Eol3oweQ__E€gacd lRg_ tNe_�ppgiRtO€Rt
a nd_ feOoyal_ot_ t be Bu ildlpq OIIk£Aal_"
It ended that the City Commission determine
ehe advisability of iacludiag the Do ilding Official_
Of the individuals listed icle IV requiting
appointment by the City Commission, this
requirement of the Southern Standard aulldingsCode. Ifsthe
cu i1a ing Official canonly be appointed o[ Germinated by the
ity Commission, the Cha[te[ should contain this
reset ieeion.
B. Section 5 01 __QeMegAG_ eggy;@EQd;. It reended
that subsection I.01(a) CEe ati4Q _QE Dgga4tma4ta. bemwo[ ded
as follows:
'111 Cceation_Ot oeprltMaUts. The City Commission may
by ordinance establish City Departments i addition to those
ted by this Char tee and may prescribe the functions of
alga departments cept that no function a signed by this
Charter, to particular department office may be
dis ued, a unless this Chartec ospecif ically so
prov�des, assigned to any other office or department."
Section 1.10 - ACTION REQUIRING AN ORDINANCE lists the
Is tab, ish meat, alteration abolishment of any city
depar eat, office or agency as an action requiring an
ordinance.
1. Se cf ig0___�_Q}jQ L.._ 4L8E CTIQN_ BY ADMINL@TRATQR�__ It is
ended that the last sentence reading "with the c eat
Co of the City mmission the Adminis tIIto[ may ssthe
head of o such a[of h depo artments may appoint p es
person as the head of one or mare of them." be deleted.
The Committee believes that by deleting the above
it will pv
ee eat [he Administrator from s ing a
bothenAdminis t r Ito[ and Department Nead and eliminate the
possiblity of the AN
minist[ato[ se [v ing in an illegal
capacity such as Chief Of Rolice.
11. se<ti4n __0�o5 jai_ CAgST_A�_ PggDEAD. It is [led
that this ection be ended to ead s followsm "(a)
Subm iss i40_SE4_Q4001.£g yonm The Adm in ist[a[o[ shall p[epa[e
and submit to the Commission a five year capital program by
July 1 of each yea[."
The Committee believes that additional time I. required
submiteed with the budget which i required by July 1.It
ould be impossible for the Administrator to submit a five
year, capital program without information [equi[ed and
available during the budget process.
11. se<tio g_6,QZ i42_ ADQUTIOM. It is mended that this
resbe a ended to read as follows:re"6m0](b) A$Qgtir,
ThetIommis sion by [ solution shall adopt the capital program
with o[ without amendment of tee the public he Ir-g and on or
before the last day of the last month of the current fiscal
year.
The Committee believes that the adoption of the capital
program is dependent upon the budget adopted and the time
sequence should be the s The dates for adoption of the
general budget aby Florida Statute mrequired to be ust be adoheld during the m nth of
September and pred prior to
enI of the fiscal year. This will require
thatthe capital program and the budget be adapted prior to
end of the current fiscal yeac.
12. Se c[io n6_Q@__ AMENDMENT$_ AETE$_ AQQETIQN. It is
ended that subparagraphs (a7, (b) and (c) be ended
to tad that the budget c only be .... ded by ordinance and
that the word "resolution" be deleted
The City Attorney has advised that the ordinance
adopting the budget < only be ended by ordinance and
that "resolution" should be stricken.
13. Sect i_on_6 10 __ _EAYNE NT AND _4NLIQATEQNS_E64NI$ETE4� It
ended that the third sentence which earls Any
u thor of payme fog of obi ig atle"
a Diet iontroI the pro ofnth is Charter shall be Did
and any payments madesi o llegal; such action shall be c
for val of Deny officer o employee of the Cityasof
Longwood, Florida, who knowingly authorized made such
payment red uch obligation and said ooffi_,
employee shallot also be liable the City of Longwood
Florida, for any a unt so paid." the ended t helude the
following additional ording ..."how nothing n th11
Charter shall prevent i [ring obligations o payment of
bills when required due toua natural disaster such as floods
huccir- c Eor other actions required by state law
such as legal advertising."
Toe Committee believes that there e situations that
cept ion to ection 1.101a) if eary,
otherwisen
an . a officer of then City o city emp'eyeewould be
subject n
penalty for responding to a ergency unless
prior aatnor ization was [...rued by CityCommission.
11 Se ction@.4I___QI?X_ELeQTiQN. t is r mended that
subsection 9.01(a) be a ended to read as follows: "B.O1(a7
$equla5_ El ectiop£ The regular City election shall be held
on the first Tuesday in November of each year.'
The Committee believes that the City's election date
should be changed espold with State and a..I
elections. It i believed[ that changing the dateof the
election will promote greater citizen participation in the
election process whieb will be beneficial Eor all citizens.
18. Sec Lion 8 01__ CITY EEECTIQNB. It i mended that
Section 8.01(l Conduct of Effect ions. be a ended to [tad a
follows: "Section B.OS(d)4¢duct__4f_Ble44i¢¢S. Except a
othe[wise provided by this Cha[te[, all regula[ and special
elections of the City 0f Longwood, Florida, shall be
unsorted o[dance with the Election Laws of the State
of Florida .a the Code of 0[dinances of the City of
Longwood."
The Committee believes that the ection should be
ended to reflect that the City ust -Ply with the
election laws of the State of Florida and that the term
ordinance should be a mended to read Code of
Ordinances s
all ordinances will be-- part of the Code of Ordinance
following adoption.
Sfi. Sec_tip� 8_0$_;_CAQQIQATE [OMI$ATI$Q_ P$QCEDQRE@. It is
ended that titl. be changed to the folltad CANDowIDATE
QUALIFYING PROCEDURES of ing
endation that nominating petitions be discontinued. i
is calso [ mmended that m
Section ny V') be a ended to tad
follows:"5.02(a) Vote@. Any qu al itiedvote[ of rthe
City may qua for the icy commvssion as a district
Cammiss ions r.-
The Committee believes that a nation petition
should be discontinued and if this mendation i ap-
proved, Section 8.02 will require amendmentI. recommended.
1]. Se£t ion_ 8_g2jp1 - It i mended that subsection
be changed to [tad ass follows: "8.02(b) Q. lifyin4
Fee. A n -refundable qualifying fee of $50 .00 shall be
requ[[ed of each Candidate."
The Committee believes that the qualifying fee should
nc
be sed from $25.00 to $50.0C to help defray partial
osts If the election and to discourage anyone from
submitting a frivilous qualification.
le. sgEti4¢__4:4.21C1 - ended that Section
802(c) be aele tea if enaa[ionsm ing section
8..02(a) and 8.02(b) arerapproved slnce rt wfllnno longs[ be
required.
19. Section 8s03 _- FORM OF BAE&QT. It i mended that
Is 0.03 be a ended by deleting first c which
"ads follows: 'The Commission by o[dinancet shall
prescribe the form of ballot including method for listing
candidates for Comm issione[ elections and any other City
The Committee believes that the form of the ballot i
adequately red by the election laws of the State of
Florida. Theteer sufficient time to pcescr ibe the format
for each elections by ordinance.
20. se ct>q�__@_44_ EEECTIQNE. It is mended that
subsection 8.04(a( be a ended to read as follows: 8.04(1)
Genecal__EIA dsisgs. Candidates for office of
under thin Chacter shall [ within the Comm isa ionmDictvict
ih which they r side and for which they shall qualify,_ and
be elected at large tot such office by receiving the high—
... bt, of votes cast."
The Committee believes that Ibis endment will
eliminate the need foc -otf, el ect ions.am Historically,
-off election t..... I is much less than foc the regular
election and the Committee does not believe that the result
will n cessa rily reflect the will of the people.
21. Section 0 04 e
E4ECTTQd$• It is [ mmended that section
8.04 (b) be deleted s there wouldnat be thy requitement
foc a run-off elect- .
The Committee believes that electing tho candidate with
III highest n.mbec of votes asti will reflect the will of
the people and will eliminate the unnecessary expense of
run -oft elections.
22. c_t_ion_8 09 EGECTEQUE. It is t mended that secti
8.09(c( be ended to read as follows: "8.o4(b). Hipgleon
Candidate. Inmthe e t that not a than o e (1) person
qualifies andidate for a designated eat the
Commission to be filled at a nelection, that candidate It 11
be presumed to have v.tIdf_r his/herself and wi11 be
automatically elected without his/her - e being listed on
the ballot and pod l is notrce will be givenm"
The Committee ends that the requirement that
Ingle candidate be listedm11 the ballot is o ary and
doesn't o..Iish any purpose and _old Boltsid ad
election that w ary due to two of tbcee candidates
be inq nopposeds unThisss atly happened fn the City of
Altamonte Spt ings and the cost was rn excess of $6,000.
Ito
23. ectinn 10 0i__Cd98Te$__8�Etl4MENT&. It i ended
that S 10.01(I) be ended to ead s d"llows:
"10.01(d) Qbdltgl Hgyi€u. The City Comm issionash all, M.
time and not less than a ecy three (3) years,
appoint a Ad v is ocy Cba et er Committee fat the potpose of
i ngn the Chacter of the City and submitting
endat ions to the Commission for proposed a ..Imams o
of the Charter. The Advisory Chacter Committee
s halltbese tabus had with _ (1) ember repre nting each
Commissions rstrict and continue inmexrst—C. for a period
not to exceed one (1) year."
The Committee believes that the Charter ah11ld c
definite provisions foc a ev Sew at least a ecy tbceent(3)
years. There rs no each provision at the p[esant time.
24. 0£,n €[el Agc4mL.dD t140E..
It the endation of the Charter Advisory
Committee15 that theeCharter be amended to he/she where "he"
now appears.
It r the endation of the Charter Advisory
Committee that a tablemmof onte.ts be prepared; that the
of the type be i aed for a eadi.g; and that
those r be made or d isti.et ve sand r .clods the words
"CHARTER - HI STORICmCITY OF LONCw00D, FLORIDA.-
It the endation of the Charter Advisory
Commit[ee35 that thou C i�ty Commission adopt a solution to
toblish a .able fee for validating ra.y petition
submitted fo[ed initiative or referendum 1. aeeordae_ with
Section 9.".
Respectfully submitted,
Lynette Dennis Alice Lewis
Riek Dolli.gto.
hai[ma. �q 11-Ch,1
N b
Edward Nanasky
Re.—�v'rt�eep 4 aal
LeixFaNx
F