071807 CRC Public Officials Subcommittee
CHARTER REVIEW COMMITTEE
Public Officials Subcommittee
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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
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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.
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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:
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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.
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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:
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Public Officials Subcommittee 071807
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Chris McLeod
Dorothea Fogle
Robert J. Kinney
Aye
Aye
Aye
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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.
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(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.
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(e) A commissioner or mayor may be suspended from office until the completion of their
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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.
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(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
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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
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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
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Public Officials Subcommittee 071807
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follows:
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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
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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.
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#IRMAN
Attest:
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