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071807 CRC Public Officials Subcommittee CHARTER REVIEW COMMITTEE Public Officials Subcommittee - ..... Date: Time: Place: Wednesday, July 18, 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 Absent: Janet Dougherty Call to Order Mr. McLeod called the meeting to order at 6:04 PM. Approval of Minutes of July 5, 2007 - Mr. Kinney moved to approve the Minutes. Seconded by Ms. Fogle and ...... carried by a vote of the Public Officials Subcommittee as follows: Chris McLeod Aye Dorothea Fogle Aye Robert J. Kinney Aye Section 2.01. Composition, eligibility, election and terms. (a) City commission. The city commission of the City of Sanford, Florida shall consist of five (5) members; four (4) commissioners and a mayor, each of whom shall be elected for a term of four (4) years. No individual can serve in the same capacity for more than three (3) consecutive terms. The mayor shall be elected at large. Each commissioner shall live in and be elected by the voters of the district they represent. The city commissioners and mayor holding office at the time of this charter ratification shall continue in office until their present terms of office expire and their successors are duly elected and sworn into office, unless vacancies therein shall otherwise occur. -- Mr. Kinney moved to approve Section 4.01 (a) as amended. Seconded by Ms. Fogle and carried by a vote of the Public Officials Subcommittee as follows: ..... Chris McLeod Dorothea Fogle Robert J. Kinney Aye Aye Aye Public Officials Subcommittee 071807 Section 2.02. Compensation; expenses. Commissioners shall receive compensation for their expenses in the performance of their official duties. The commission may determine the annual salary of commissioners by ordinance. Upon passage of such ordinance, a consulting group will be hired from outside of the City of Sanford to research similar municipalities and their compensation for elected commissioners. The consulting group's findings will be reported back to the city manager for review and then to the city commission for approval. No ordinances increasing such salary shall become effective until the date of commencement of the terms of the commissioners elected at the next regular election. Commissioners shall receive expenses in the performances of their duties of office. J Mr. Kinney moved to approve the revised language for Section 2.02. Seconded by Ms. Fogle and carried by a vote of the Public Officials Subcommittee as follows: Chris McLeod Aye Dorothea Fogle Aye Robert J. Kinney Aye Section 2.03. Mayor and Vice..Mayor. (a) The mayor shall be elected for a term of four years. The mayor shall be a member of J the commission. In addition, he or she shall preside over meetings of the commission, ... 1 shall be recognized as head of the city government for all ceremonial purposes, and by the governor and president during lawfully declared states of emergency and for the purposes of military law. The mayor shall otherwise have no administrative duties or direct oversight of city employees. If a vacancy occurs the office shall be filled for the remainder of the unexpired term in accordance with the procedure established in section 2.06(c). (b) The commission shall select from among its members a vice-mayor in accordance with seniority. The selection of 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. In the event of a tie the remaining commissioners and mayor will choose the vice mayor by majority vote. (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. Mr. Kinney moved to adopt the revised language for Section 2.02. Seconded by Ms. Fogle and carried by a vote of the Public Officials Subcommittee as follows: 2 J Public Officials Subcommittee 071807 ..... Chris McLeod Dorothea Fogle Robert J. Kinney Aye Aye Aye I""""" Mr. Kinney moved that any moral turpitude language be removed from the charter and not include the proposed Section 2.06 (5). Seconded by Ms. Fogle and carried by a vote of the Public Officials Subcommittee as follows: Chris McLeod Aye Dorothea Fogle Aye Robert J. Kinney Aye Mr. McLeod stated it is the Public Officials Subcommittee's recommendation that Section 2.06 (5) not be in the charter and is aware this issue could come up in open discussion. Section 2.07. Judge of qualifications and involuntary removal from office. (a) The commission shall serve as the examiners and judge of city elections and of the qualifications of its members to hold their office. The commission may remove a _ commissioner or mayor from office upon a showing of clear and convincing evidence that the elected official has committed a offense qualifying them for removal from office. - (b) The commission shall be the judge of grounds for the involuntary forfeiture of a commissioner or mayor from office. No commissioner or mayor shall be removed from office prior to the completion of an investigation authorized by a simple majority vote of the commission. The commission shall cause a timely and thorough investigation and hearing of any allegations against a commissioner or mayor. (c) A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand. Notice of such hearing detailing the allegations against the member and date of the hearing shall be posted and published in a manner normally afforded public hearings at least two weeks in advance of the hearing. (d) The commission shall have the power to subpoena witnesses, administer oaths, compel testimony, require the production of and weigh the quality of evidence as proof of allegations, appoint special counsel to represent the interests of the city and hire or appoint investigative staff needed to conduct an investigation of allegations against a commissioner or mayor. The commission shall hear evidence and testimony and shall formulate a conclusion of innocence or guilt based upon evidence and testimony adduced during the investigation and hearing. -- (e) A commissioner or mayor may be suspended from office until the completion of their 3 .... Public Officials Subcommittee 071807 formal hearing by a simple majority vote of the commission upon a showing of probable cause to the commission that the mayor or commissioner committed a violation that could cause a forfeiture of office under section 2.06 of this charter. ~ I ... (f) Commissioners or mayors may be removed from office or censured upon a showing of clear and compelling evidence that the allegations are founded. Members shall be cleared of allegations when the adduced evidence shall not be deemed to be clear and convincing. Decisions made by the commission under this section shall be subject to a review by the courts. Nothing in this section shall preclude the right of the people to initiate and carry through a recall petition under article VII. Mr. Kinney moved to approve Section 2.07 as amended. Seconded by Ms. Fogle and carried by a vote of the Public Officials Subcommittee as follows: Chris McLeod Aye Dorothea Fogle Aye Robert J. Kinney Aye Section 4.01. General provisions. (a) Creation, amending or abolishment of departments. The commission may establish, amend or abolish city departments, offices, boards, committees or commissions or .., agencies in addition to those created and governed by this charter to conduct the J business of the city in an efficient, orderly, effective manner that best benefits the city and its constituents unless otherwise prohibited by state law. The commission may prescribe the authority, scope and function of all city departments, offices, agencies, boards, committees or commissions, except that no functions assigned by this charter or by special state legislation to a particular department, office, agency, board, commission or committee may be discontinued or assigned to any other foreign agency, unless this charter or state law specifically so provides. Mr. Kinney moved that the language with the exception of the last sentence be Section 4.01 (a) Creation, amending or abolishment of departments be adopted. Seconded by Ms. Fogle and carried by a vote of the Public Officials Subcommittee as follows: Chris McLeod Aye Dorothea Fogle Aye Robert J. Kinney Aye Section 4.01. General provisions. (a) (1) The commission may appoint and remove from office appointees to the city's 4 ~. .... ",.... ... - - ".... ... 1i' Public Officials Subcommittee 071807 offices, boards, commissions and charter committees unless such appointments and removals there from are otherwise provided by state statute or this charter. The commission shall have the power to appoint or remove an appointee by a simple majority vote. Appointees may be removed from office prior to the end of the appointee's term of office should the commission determine that such removal to be in the best interest of the city. The commission shall appoint a successor to fill a removed appointees remaining term of office. Ms. Fogle moved to approve Section 4.01 (a) (1). 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 Section 4.01. General provisions. (b) Direction by city manager. The city commission, state law and/or this charter shall designate a chain of supervisory authority for all departments, offices, agencies, boards, commissions or committees. All departments, offices, agencies, boards, commissions or committees under the direction and supervision of the city manager shall be administered by an officer appointed by and subject to the direction and supervision of the city manager. With the consent of the city commission, the city manager may serve as the head of one or more such departments, offices, agencies, boards, commissions or committees or may appoint one person as the head of two or more of them. The city manager shall have the authority to appoint, transfer, demote and remove department heads in accordance with commission approved personnel policies and the advice and consent of the city commission. Mr. Kinney moved to sent Section 4.01 (b) Direction by City Manager to the Charter Review Committee without any recommendations from the Public Officials Subcommittee and in the meantime has both the City Attorney and City Manager look at the language. Seconded by Ms. Fogle and carried by a vote of the Public Officials Subcommittee as follows: Chris McLeod Aye Dorothea Fogle Aye Robert J. Kinney Aye Section 4.01. General provisions. (c) Po/ice department created; officers and employees; appointment. There shall be a chief of police who shall be appointed by the city manager. The chief of police shall be the head of the police department, and as such shall appoint subordinates from eligible lists 5 Public Officials Subcommittee 071807 furnished by the human resources department. The chief of police shall have power, for cause, to discipline any officer or employee of the police force and shall perform such J other duties as may be required by this act [charter], by the laws and ordinances of the city or by the city manager. The chief of police shall be responsible to the city manager for ' the proper functioning of the police department. (d) Fire department created; officers and employees; appointment. There shall be a fire department, to consist of a chief, who shall be appointed by the city manager. The fire chief shall be the head of the fire department and as such shall appoint subordinates from eligible lists to be furnished by the human resources department. The chief of the fire department shall have control of all fire personnel, subject to such rules and regulations as are prescribed by the city manager and shall perform such other duties as are required by this act [charter], by the laws of the city or by the city manager. Mr. Kinney moved that the new language for Sections 4.01 (c) and (d) regarding the Police and Fire Department be approved. Seconded by Ms. Fogle and carried by a vote of the Public Officials Subcommittee as follows: Chris McLeod Aye Dorothea Fogle Aye Robert J. Kinney Aye Mr. Kinney moved to amend SectiOn 4.01 (el to start out saying Police J Department created; officers and employees; appointment, to mirror the fire department. Seconded by Ms. Fogle and carried by a vote of the Public Officials Subcommittee as follows: Chris McLeod Aye Dorothea Fogle Aye Robert J. Kinney Aye (e) Department Heads. Department heads shall be appointed by the city manager. The city manager shall appoint subordinate officials to meet staffing needs. Department heads shall have power to supervise, direct, evaluate, transfer and for cause, to discipline any subordinate employee in accordance with commission approved personnel policies and the laws and ordinances of the city. Department heads and their subordinate employees shall receive such compensation and benefits as may be periodically fixed by the city commission. Mr. Kinney moved to adopt Section 4.01 (e) with the first sentence reading: Department heads shall be appointed by the City Manager. Seconded by Ms. Fogle and carried by a vote of the Public Officials Subcommittee as 6 ,., n "" Public Officials Subcommittee 071807 "... follows: .... Chris McLeod Dorothea Fogle Robert J. Kinney Aye Aye Aye Section 9.02. Departments, offices and agencies. (a) Transfer of powers. If a city department, office or agency is abolished by this charter, the powers and duties given it by law shall be transferred to the city department, office or agency designated in this charter, or, if the charter makes no provision, as designated by the city commission. Mr. Kinney moved to approve Section 9.02. Seconded by Ms. Fogle and carried by a vote of the Public Officials Subcommittee as follows: Chris McLeod Aye Dorothea Fogle Aye Robert J. Kinney Aye ~.Iiif' Mr. McLeod stated Section 9.06 Effective date, needs to be discussed at the next Charter Review Committee meeting. Establish Meetings The Subcommittee concurred no more meetings were necessary. Adjournment The meeting was adjourned at 7:50 PM. ~- #IRMAN Attest: ~iJ;f1< . /JrlHJc;I&.ir;; ecretary f jk ",... ... 7