Ordinance 325.� ��,=;<
< s,� .
1.
In the State of Florida, there axe three basic forms
of city government: (1) Mayor -council, (2) City Commission,
and (3) Council -Manager.
Mayor -council form of government, the mayor is the
chief executive officer of the municipality elected directly
by the voters. The council is a legislative branch enacting
ordinances and it is also elected by the people. According to
the city charter and the special acts of the City of Longwood,
its form of government is that of Mayor -council.
23.
The city charter and special acts of the city set
forth powers and duties of the mayor and it also sets forth
the powers of the City Council. The powers and duties of the
mayor are set forth in Chapter 67-1651, which is an amendment
to Section 12 of the original charter of the city. In this
section, it is stated:
"The Mayor shall have and e the
powers and duties v val ly i cident t
that office; he shall s e that the 1-
-di ... c— a e faithfully e ted.
may f makecu
the bendations t mthe of cif For
t of such law-duadopti'b
o£ s rules and regulation. £or th.
government of the city o e town a
s judgment best promote the interest
of the t and he shall do and perform
all dutiesnimposed upon him by the
11 11, by this charter,
and 11 5-1 1,
B ... I upon this ---y requirement, it as my
opinion that the b If the City If Lbbtd is the chief
executive officer If the city. As chief --- officer,
the ..y., If course, according t. the ---, will exercise
p—, and duties incidental t, that office and h. —,11 ..e
that the 1— and ordinances are faithfully --- I
addition, h. must assume all d-- which are imposed upon him
by the — If the St— of Florida and by case 111. 11. also
is required t, perform such duties as ..e imp -Id upon him by
,,di— —p— by the city council.
I view If this, the -Y., can assume --ti,b
p.— and, i, Ty opinion, means that the administration If the
,—i— of the city —Uh and should f,11 —d— the direction
If the If— If the Tly-
1—
Th. city —lt— Chapter 9825, Ll., If Florida,
1923, in Section 9, pl—id1l, as follows:
- — and corporate the 1111t Pauthority
of
this _ici-'ity shall b, in
-,-, � .—d If Aldermen,
l—d__ t. __ i t Ifive members;fimembers;� Cl, T-1-1 and
Assessor,
b, and the —I
who
Collector, a Town Attorney'
"' ' ; the term If office If If — .1fi—
IhIll be f — years, and
all If aid
of
li_ _11 be .1.tt.d i�
the I-- provided by this Att I. .. may
be provided by —di—,, :" t — ..,d the T— Att—O Y, "I shall
I — appointed by the May,, d confirmed by
the T—
course,
Of tb. name of is City Councilmen to be
substituted for
11th If Aldermen.
i
The —1-1 provisions set forth specifically that
the d..t .,d I—p—tt authority —11 be —Id in the
_y., and Board If Aid— and the other officers listed
therein.
Section 13 If the charter
b -% the ,ity,Chapter —5,
Laws f Florida, 1923, It forth —Iiwh
ich ich the —
council have i, connection with legislation q.1—itg the city.
Sib— the City If Longwood has I llyll-11111il f1l.
of government, the question
. t!" naturally 'Ii— as I. the specific
off
functions If these the council noted above i� Paragraph 1,
il this
typeces.
If qaboveParagraphru — 11 a legislative
branch —i— for enacting Itbi—t, resolutions
:—
n
setting for the conductttg p.litidconductcityI, city
1 :1 1- Y
then being the chief executive officer f h: city should be
—p—ible for the affairs If the city;
ci y; subject,,
h di
rection by the b, (III it council)
t. tshouldsetforthspecific—i— of
the mayor in
the performance If his responsibilities
i, administering III affairs If the city. As this authority is -- in the mayor,
then he is accountable I. the citizens If the city to f—
th—
If Longwoodth, City If d did have , Mayor -council form f qb _ nt, but merely had a city council or commissio
f.t. If —t with five --d individuals who III
--d .. council, then, in that case, the --i —.1d nave
,It only Ilgill.— P-1, but also execute e powers If the
,it,. It this situation, each -- f the b--1 would then
W�
be appointed ., a head If a dIp—b— such as finance, fire,
police, administration If public recreation, public —tk, etc
Si— the —y h. the Mayor -council — of gover'vnertt, the
legislative and executive should be -,I— This, of
k--— by —
council and —y commission i. the --i— and —y manager
type, in that c,— the —it.b.. is the legislative body
and the city b—t i. the I-ililtl—t who exercises
administrative £unctions.
A. the lity --il can — PrI—ib-11Y as a
legislative body and the ., i. an executive capacity, it
would that the city could develop I more orderly
and efficient —iIiItI.—I If its day t, day affairs. 1£
the governing body If the city will not ..th.lit, the mayor t.
Ii,e administrative functions, then its only alternative
would be t. employ —,— t. — in the capacity If —Y
H--, there is I grave question as t. -It
.—It the legislative branch can .1th.—I such administrator
to act as the — If Florida, i. my opinion, give the mayor
.ti— I— —h may be somewhat broader than the
.bi-- -- — your consideration in an —Ilt to help
the —Y to — the '—'s"' -'c' it is facing and will
face bs,s.s- f ..tj,jp-sd growth. As elected officials,
you required b, to perform duties in an orderly,
efficient and 1—fs, —, You hold 1 9— public trust
and must this trust , the s.1— that the public
—11e f the city and citizens is -i.9 —P—sly P--,d
and —l—d.
Dated this C!Y— d,y of M—h, A.D. 1973.
&Z,Ugg 9. -7
S. -U,. D4,0
Att ... ey