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Charter09-14-10Min City of Longwood 2010 Charter Advisory Committee Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES September 14, 2010 7:00 P.M. Present: Chair ruce Kubec Vice Chair JoAnne Rebello Member Steve Debole Member Doug Damerst Member Greg Cetera J. Giffen Chumley, Fishback, it ominick, et al. Sarah M. Mirus, Recording Secretary 1. Call to Order. Chair Kubec called the meeting to order 7:07 p.m. 2. Approval of Minutes — August 10, 2010. Chair Kubec said the Minutes of the August 10, 2010 Meeting were not completed. He said when the Minutes were completed they would be sent to the Committee Members and would be on next month's Agenda for approval. 3. Public Participation. None. 4. Old usiness. A . Article IX. Initiative and Referendum. Section 9.01. Initiative. Reviewed with no recommendations. Section 9.02. Referendum. Reviewed with no recommendations. Section 9.03. Commencement of proceedings. Reviewed with no recommendations. Section 9.04. Petitions. Vice Chair Rebello stated she had spoken with both the Recording Secretary and the Attorney about the initiative and referendum petitions being signed by at least twenty percent Charter 09 -14 -10/1 (20 %) of the total number of qualified voters registered to vote. She said she tried to research the matter and could not find anything where the City was in line or not in line with State Statutes. She said in talking with the Attorney this was done by the City and the Recording Secretary was going to research the matter. She inquired what would the public propose by petition. Member Debole said they could propose changes to the policies. Vice Chair Rebello said the policy could not have anything to do with taxes, money, the capital program, budget etc. She said she was questioning the twenty percent (20 %) and wanted to know the rationale behind the twenty percent (20 %). Member Damerst said the number used to be fifteen percent (15 %). He said the last Charter Advisory Committee recommended raising it from fifteen percent (15 %) to twenty percent (20 %) and was placed on the ballot. He read an excerpt from the Minutes of the 2007 -2008 Charter Advisory Committee that discussed raising the initiative and referendum petitions going from fifteen percent (15 %) to twenty percent (20 %). He said he was part of that discussion and discussed the Model City Charter, 8 Edition by the National Civic League. He said the publication was used by a number of cities and refers to the percentage of ten percent (10 %) to twenty percent (20 %). He said it largely depends on the size of the city's population. Vice Chair Rebello inquired if the Model City Charter discussed the initiative. Member Damerst said the Model City Charter discussed petitions. He said if you read the Model City Charter, the wording was very similar to the City's Charter. Chair Kubec said based on what Member Damerst read; he said he cannot find too much fault with it. Vice Chair Rebello said it's supposed to be by the people and for the people. She said if people disagree with the direction or the policy of the elected officials and if they wanted to bring something forward, then they ought to have the right to do it. She provided an example of her proposing Charter changes and what it took to get those changes on the ballot. Member Damerst said that doesn't make it impossible and the example provided by Vice Chair Rebello proves it. He said the Charter does provide a way the people can make the petitions and go around the elected officials. Charter 09 -14 -10/2 Vice Chair Rebello said what made her upset was the excerpt Member Damerst read from. the Minutes of the 2007 -2008 • Charter Advisory Committee. She said her question was she wanted to know where the twenty percent (20 %) came from and could not find it State Statutes. Section 9.05. Procedures for filing. Reviewed with no recommendations. Section 9.06. Referendum petitions; suspension of effect of ordinance. Reviewed with no recommendations. Section 9.07. Action on petitions. Reviewed with no recommendations. Section 9.08. Results of election. Reviewed with no recommendations. Section 9.09. Fee for validation. Vice Chair Rebello inquired where the fee was and what the fee was. She inquired if the fee was established in the City Code. Ms. Mirus responded stating if a candidate qualifies by the petition method; the cost for verification was ten cents (100) per signature. Vice Chair Rebello stated the Charter said the fee would be established by resolution. Ms. Mirus said the Supervisor of Elections charges ten cents (10¢) per signature and said she could research the information. Chair Kubec asked Ms. Mirus to research the matter and bring the matter forward at the next Meeting under Old Business. Section 9.10. Recall. Vice Chair Rebello noted the City was in line with State Law. Reviewed with no recommendations. B. Article X. Miscellaneous Provisions. Section 10.01. Charter amendments. Vice Chair Rebello noted the City was in line with State Law. Reviewed with no recommendations. Charter 09 -14 -10/3 Section 10.02. Standard of ethics. Vice Chair Rebello inquired if the City established a Code of Ethics. Chair Kubec said he thought the City had and they also have the Commission on Ethics. Vice Chair Rebello said the Commission spoke about doing a Code of Ethics and doesn't recall their doing it. Chair Kubec said some cities would have a Board of Ethics. He volunteered to research the matter and bring it back next month. Vice Chair Rebello said she would recommend the following: Insert Delete "All elected officials and employees of the City shall be subject to the standards of conduct for public officers and employees set by general law. In addition, the Commission may shall, by ordinance, establish a code of ethics for officials and employees of the City which may be supplemental to general law, but in no case may an ordinance diminish the provisions of general law." Member Damerst said there was a difference between the words "may" and "shall ". Chair Kubec said he would look into the matter and bring it forward at their next Meeting. Section 10.03. Prohibitions. Reviewed with 110 recommendations. Section 10.04. Separability. Reviewed with no recommendations. C. Article X1. Transition Schedule. Section 11.01. Continuation of former Charter provisions. Reviewed with no recommendations. Section 11.02. Ordinances preserved. Reviewed with no recommendations. Section 11.03. Rights of officers and employees. Vice Chair Rebello inquired about a delay and because due to the delay who was actually the Commissioner at the time. She asked if this needed to be clarified. She provided an example. Ms. Mirus responded stating the commissioner -elect had to be sworn -in within fifteen (15) days following the date of the Charter 09 -14 -10/4 election. She said the commissioner -elect could not be sworn -in until after the election results had been certified by the Supervisor of Elections. Mr. Chumley noted it's until they are elected or appointed. He said elected and sworn -in were considered two (2) different events. He said under the law that Ms. Mirus was referring to; ordinarily this should not be a problem. He said sometimes it's one of things that you would figure out when you came to it. Reviewed with no recommendations. Section 11.04. Pending matters. Reviewed with no recommendations. Section 11.05. Schedule. Reviewed with no recommendations. 1. Article X11. Public Safety. Section 12.01. Created. Vice Chair Rebello said in 1999, the Department of Public Safety was created and that's when the City had a Public Safety Director. She said the Director of Public Safety oversaw the Police Chief and Fire Chief. She said in 2003, the Public Safety Department was dissolved. She said further down some things in the Charter changed and they got very murky. She said she would bring those matters forward as it's applicable to the specific Sections of the Charter. Reviewed with no recommendations. • Section 12.02. Department heads. Reviewed with no recommendations. Section 12.03. Members. Vice Chair Rebello read Section 12.03, entitled "Members" from the City Charter dated 1999. She said as the Charter reads for the Fire Department it was very vague and asked why not tie the number of firefighters required to the population just like the Police Department. Member Debole said he researched this matter and the Fire Department consisted of twenty -eight (28) personnel in 1997. He said he researched the number of firefighters per capita and said there were a lot of formulas. He then provided examples and said it should be specific in the Charter. • Charter 09 -14 -10/5 Member Cetera said when looking at the City, there were a lot of vehicles that pass through that were non- residents and the bulk of calls being dispatched were non - residents. He expressed concern with tying the numbers of firefighters with the population. He said he was concerned with Section 12.03, "...or such other members as shall be determined by the City Commission." He said that was a grey area. Member Damerst said to him it's an appropriate role for the City Commission to approve the head count since they approve the budget. Vice Chair Rebello said at the last meeting she asked the City Administrator what was the population, how many sworn - officers the City had, and how many personnel were in the Fire Department. She stated the City exceeded the standard. She said Section 12.03 needed to be more clarified for the Fire Department. Member Damerst said the two and two - tenths (2.2) officers per thousand (1,000) population was a national standard at that time and for the Fire Department there was no such national standard to draw upon. He said the Fire Department was established to have no fewer firefighters than existed on November 1997. He said the date works in a sense it provides an answer. Chair Kubec said at some point, a prior review Committee came up with a date instead of a number. He said it would make it a lot clearer and asked if the Committee wanted to change the date to a specific number of firefighters. Member Debole said there were a lot of variables being used when establishing a standard for the Fire Department. He said with SunRail and other developments coming through, the City may need additional personnel. Member Damerst said his concern with the phrasing was that it wasn't plain spoken and the number should be something that was recognizable. He suggested replacing it with the known number or with the national standard or with a number that was based on the population. Chair Kubec asked Member Damerst if anything was referenced in the Model City Charter. Member Damerst responded in the negative. Charter 09 -14 -10/6 Chair Kubec suggested the following change to Section 12.03 of the City Charter: • Insert Delete "The Police Department shall consist of not less than two and two- tenths (2.2) officers per thousand (1,000) population,. Of GeintilitiSSieti" Member Damerst suggested the following change to Section 12.03 of the City Charter: Insert Delete "The Police Department shall consist of not less than two and two- tenths (2.2) officers per thousand (1,000) population e-r and such other members as shall be determined by the City Commission." Member Damerst said they would be able to add personnel as may be necessary. It was the consensus of the Committee to recommend the language be changed as suggested by Member Damerst. Member Damerst suggested adding the specific number to the paragraph that discussed the no fewer firefighters rather than having the date. Member Cetera suggested tying the number of firefighters to the City's population. Chair Kubec suggested Member Cetera research the information and bring whatever he found to the Committee next month: Vice Chair Rebello suggested instead of having the firefighters listed in Section 12.03 it should reference the Fire Department. She said the City needs more paramedics than firefighters. She said most of the calls were for medical. She inquired if they could be provided with statistics. Member Damerst inquired if there would be any benefit in having the Fire Chief address some of this with the Committee. Chair Kubec asked Member Cetera when conducting his research to inquire if the Fire Chief or a representative could attend next month's Committee Meeting. Charter 09 -14 -10/7 Member Cetera said he would invite the Fire Chief to their next Meeting. Section 12.04. Responsibilities. Reviewed with no recommendations. Section 12.05. Support. Reviewed with no recommendations. Section 12.06. Accountability. Member Debole inquired why the City Commission didn't have any input with the accountability of the Police Chief and Fire Chief and the accountability was only to the City Administrator. Vice Chair Rebello said she agreed with Member Debole comment. Chair Kubec said his understanding was the Police Chief and the Fire Chief report directly to the City Administrator and the Commission was not permitted to get involved with management of the employees. He said the Commission can give direction to the City Administrator, City Clerk, and City Attorney. He said it's up to those individuals to disseminate the information. He said otherwise the Commission would be accused of interfering with administration. He said corning from a big business world, he liked the way it's established because then you loose all accountability. Vice Chair Rebello said she had a problem with Section 12.06 and would like to see something changed. She said she would like to see the Commission be a part of the selection process or have some kind of notice of who was going to be hired or fired. Chair Kubec said ultimately the City Administrator was held responsible. He said if the Commission was not happy with the City Administrator, the Commission could terminate the Administrator by a three -to -two (3 -2) vote. Member Damerst said there was a grievance and appeal process for the department heads and employees if they disagree with the City Administrator. He stated it creates a record for the City Commission to consider. Vice Chair Rebello said it seems like Sections 12.04 and 12.06 conflicts. Member Damerst said in Section 12.04, the Commission was charged and does not conflict with Section 4.07, Paragraph [b], Charter 09 -14 -10/8 and Parenthesis (1). He said it's pretty clear the supervision of city employees and department heads falls under the City Administrator. Member Debole said when he read the Section; it eliminates any other input in the decisions and needs checks and balances. He suggested adding a clause stating, "In certain circumstances, the Commission also gets to have an opinion on a decision being made by a single person making that decision for the right reason." He said the Police Chief and the Fire Chief were critical positions. Member Damerst inquired if the appeal process for the employees and department heads was adopted by ordinance. Vice Chair Rebello said the City was in the process of changing the Personnel Polices and Procedures. Member Damerst said the Commission could include themselves in the appeal process. Mr. Chumley suggested for the Committee to review Article V. He said the department heads were appointed by the Administrator and confirmed by the City Commission. Vice Chair Rebello said wouldn't Article V be in conflict with Article IV and considered interference with the City Administrator since the Administrator has the right to hire and fire. Mr. Chumley said it could be looked at a specific exception for the department heads. He said with a position of that magnitude, it needed at least a sign -off from the Commission before the actual position started. He said it does not reference anything about elimination. Vice Chair Rebello said some of the department heads were hired and then after they were hired, it went to the Comrission and the City Administrator said this was the person that was hired. She said they were hired prior to the confirmation. Member Damerst said the Charter does not allow for that to happen. He said Vice Chair Rebello said the City Administrator had the right to hire and fire and said that was not true about the department heads. He said there wasn't a conflict within the Charter on that matter and referenced Section 4.07 of the City Charter. He said it discussed the discipline and firing, and the Charter 09 -14 -10/9 hiring of department heads. He said the hiring of the department heads can happen only with the consent of the City Commission. Mr. Chumley said the City Administrator would do the leg work and find someone to be approved, and would bring them forward to the Commission to be confirmed by the Commission. He said if the Commission did not confirm the department head, then the City Administrator would need to find someone else until someone was confirmed. He said that only applied to the hiring phase. Member Damerst said there were only three kinds of authority one could have: 1) act, 2) act and report, and 3) act only after approval. He said when it comes to the department heads; they can act only after approval. Mr. Chumley said the department heads serve at the pleasure of the City Administrator. Vice Chair Rebello said she would like to review this Section a little more and have it placed on the next Agenda. 6. New Business. None. 7. Agenda Items for Next Meeting. Chair Kubec said for the next meeting the following items would be discussed: Section 9.09. Fee for validation, Section 10.02. Standard of ethics, and Section 12.03. Members. He said he would like to review the changes that were already recommended by the Committee. 8. Adjourn. Chair Kubec adjourned the meeting at 8:21 p.m. Bruce Kubec, Chair ATTES • Sarah M. Mirus, MMC, M'IA, Recording Secretary • Charter 09- 14 -10 /10