070507 CRC Public Officials Subcommittee
CHARTER REVIEW COMMITTEE
Public Officials Subcommittee
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Date:
Time:
Place:
Thursday, July 5, 2007
6:00 PM
Railroad Depot Room, 2nd Floor, Sanford City Hall, 300 N. Park
Avenue, Sanford, Florida 32771
Present: Chris McLeod
Dorothea Fogle
Robert J. Kinney
Attorney: Kenneth W. Mcintosh, Assistant City Attorney
Janet Dougherty
Call to Order
Mr. McLeod called the meeting to order at 6:05 PM.
~ Approval of Minutes of June 19, 2007
Ms. Fogle moved to approve the Minutes. Seconded by Mr. Kinney and
carried by a vote of the Public Officials Subcommittee as follows:
Chris McLeod Aye
Dorothea Fogle Aye
Robert J. Kinney Aye
Discussion by Mr. Mcintosh regarding Moral Turpitude
Mr. Mcintosh stated moral turpitude is defined for purposes of discipline
imposing upon public officials and those vested with public trust as follows:
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(1) that element and personal misconduct in the private and social
duties which a person owes to his fellow human beings or to society
in general, which characterizes the act done as an act of baseness,
vileness or depravity, and contrary to the accepted and customary
rule of right and duty between two human beings.
(2) conduct done knowingly contrary to justice, honesty or good morals
CRC Public Officials 070507
(3) intentional, knowing or reckless conduct causing BODILY injury to
another or intentional, knowing or reckless conduct which, by
physical menace, put another in FEAR of imminent serious bodily
injury
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Mr. Kinney stated the language which the Subcommittee has come up
with was a conviction of a crime involving fraud, abuse, or violence. Mr.
Kinney stated he is in favor of Mr. Stewart's proposed language consisting of
no one convicted of a felony unless their civil rights have been restored.
Mr. McLeod stated he will rewrite Section 2.06(3) and take Mr. Stewart's
suggestion and add to it they are ineligible without having their civil rights
restored.
Mr. Kinney stated he would recommend removing the words moral
turpitude. There was a consensus by the Subcommittee.
There was a discussion of proposed language for Section 2.03(b) as
follows:
Section 2.03. Mayor and Vice-Mayor. ~
(b) The City Commission shall select from among its members a vice-mayor in
accordance with seniority. The selection of the vice-mayor shall be done annually at the
first regular scheduled commission meeting in January of each year. The office of vice-
mayor shall be rotated annually beginning with seniority.
(c) The vice-mayor shall act as the mayor during the absence or disability of the mayor.
If a vacancy occurs vice-mayor shall act as mayor until such vacancy is filled as in
accordance with section 2.06(c) Filling of vacancies.
There was a consensus of the Subcommittee to recommend the
proposed language as written.
There was a discussion of proposed language for Section 2.08 as
follows:
Section 2.08. City Clerk.
The City Commission shall appoint, supervise and evaluate an officer of the city who
shall have the title of City Clerk. The City Clerk is directly responsible to the City
Commission as the representative of the legislative branch of government, and may
p~rform supplementary duties as assigned by Ordinance or Resolution of the City
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CRC Public Officials 070507
Commission.
The City Clerk shall be responsible for the appointment, direction, and evaluation of
employees of the Clerk's Office.
The City Clerk shall give notice of meetings of the City Commission, shall record,
transcribe and keep the minutes of its proceedings, and shall authenticate by signature
and record in full books kept of that purpose, all Ordinances and Resolutions passed by
the commission.
The City Clerk shall be responsible for providing the City Commission and City
Manager with annual funding for the Clerk's function in accordance with the city's
established budgetary process.
There was a consensus of the Subcommittee to recommend the
proposed language as revised.
There was a discussion of the existing charter being reviewed in regards
to gender neutral wording. The consensus of the Subcommittee was final
reading of revisions will be necessary to ensure compliance.
There was discussion of Article IV, Section 4.01 (c) and 4.01 (d). There
was a consensus of the Subcommittee to rewrite the language to be the same
for both the Police and Fire Chief. The consensus of the Subcommittee was
the Police and Fire Chief submits to the Subcommittee in writing their
suggestions to finalize the wording.
There was discussion of proposed language submitted by Mr.
Stewart regarding Article X, Section 10.1. Mr. McLeod suggested to add the
word the before the words senior commissioner.
ARTICLE X. EMERGENCY PROVISIONS
Section 10.1. Succession of office in times of disaster.
(a) It is recognized that that man-made or natural disasters may kill or
incapacitate one or more public officials. One of the primary responsibilities of,
governance is to provide for a continuity of legal authority and responsibility so
that safety, peace and common good of the people is preserved. To that end, the
following line of lineal successor ship is established in the event a mass disaster
or exigent circumstances create a vacuum in the city's elective and appointed
leadership. The order of succession in an emergency. sh~1I be: Mayor, Vice-Mayor,
the senior commissioner as designated by years of service, the city manager, fire
chief, police chief, public works director, finance director, personnel director,
secondary management of the above departments in successive order.
(b) One of the primary duties of an officer holding authority under an
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CRC Public Officials 070507
emergency succession shall be to reestablish public order and provide for a legal
succession of elected and appointed officials as rapidly as is possible under
municipal and state laws.
There was a consensus of the Subcommittee to recommend the
proposed language as revised.
Mr. Kinney suggested using proposed language submitted by Mr.
Stewart for Section 2.01 (a). He stated to remove the sentence: No mandatory
term limits shall exist for the Mayor and Commissioners. Mr. Kinney stated he
would suggest replacing it with: No individual can serve no more than a
maximum of three (3) full consecutive terms.
There was a consensus of the Subcommittee to discuss the proposed
revisions with the overall Charter Review Committee.
There was a discussion regarding adding a Section 8.03, Code of Ethics
for public officers and employees. The consensus of the Subcommittee was
to add a general statement to the charter stating that all elected officials,
departments and employees of the City of Sanford shall adhere to Florida
Statutes with regards to Code of Ethics of Public Officers and employees.
Establish Meetings
The Committee concurred to hold the next meeting on
Wednesday, July 18,2007,6 PM, in the Railroad Depot Room.
Adjournment
Ms. Fogle moved to adjourn. Seconded by Mr. Kinney and carried by
a consensus of the Subcommittee. The meeting was adjourned at 7:26
PM.
Attest:
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Secretary ~ //--
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