071207 Charter Review Committee
CHARTER REVIEW COMMITTEE
Thursday, July 12, 2007
6:00 PM
Railroad Depot Room, 2nd Floor, Sanford City Hall, 300 N. Park
Avenue, Sanford, Florida 32771
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Date:
Time:
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Present: Stephen H. Coover, Chairman
James L. Davis, Vice Chairman {joined meeting 6: 14 PM}
Jason Brodeur
Otto Garrett
Robert J. Kinney
Chris McLeod
Dennis Stewart
Attorney: Kenneth W. Mcintosh, Assistant City Attorney
Janet R. Dougherty, City Clerk
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Absent: Edward L. Blacksheare
Dorothea Fogle
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Call to Order
Mr. Coover called the meeting to order at 6:10 PM.
Approval of Minutes of June 28, 2007
Mr. Stewart moved to approve the Minutes as amended. Seconded
by Mr. Brodeur and carried by a vote of the Committee as follows:
Stephen H. Coover Aye
Jason Brodeur Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Aye
"....
Vote on subcommittee recommendations.
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{Mr. Davis joined the meeting}
Section 1.05 (a)
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(a) The territorial boundaries of the City of Sanford may be extended or contracted as
provided in the applicable general state laws regarding municipal annexations and
contractions.
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Mr. Brodeur moved to approve the language in Section 1.05 (a).
Seconded by Mr. McLeod and carried by a vote of the Committee as
follows:
Stephen H. Coover Aye
Jason Brodeur Aye
James Davis Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Aye
Section 1. 05 (b)
(b) The City of Sanford shall maintain a proactive annexation policy to help the city
achieve its manifest destiny, provide for economic growth, provide for an escalated
quantity of life, and community amenities, provide for additional municipal revenue
streams, ensure equity of access to available municipal services, provide for orderly
growth and ensure sufficient infrastructure development.
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Mr. Davis moved to approve the language in Section 1.05(a).
Seconded by Mr. Stewart and carried by a vote of the Committee as
follows:
Stephen H. Coover Aye
Jason Brodeur Aye
James Davis Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Nay
Dennis Stewart Aye
Section 1.05 (c)
(c) City annexations shall be made in a non-discriminatory manner. The city shall seek to
include previously by-passed lower income areas in its proactive annexation efforts.
Mr. Stewart moved to approve the language in Section 1.05 (c).
Seconded by Mr. Davis and carried by a vote of the Committee as follows:
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Stephen H. Coover Aye
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Jason Brodeur
James Davis
Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
Aye
Aye
Aye
Aye
Nay
Aye
......
Section 1.06 Open Government
The City of Sanford shall conduct al of its business affairs and governmental operations in
full accord with the letter and spirit of open government laws, public access to public
records and the public's right to know how and why their government acts in a particular
fashion.
Mr. Davis moved to approve the language in Section 1.06. Seconded
by Mr. Stewart and carried by a vote of the Committee as follows:
'"'-"
Stephen H. Coover
Jason Brodeur
James Davis
Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Section 1.07 Discrimination
The City of Sanford shall conduct al of its business affairs and governmental operations in
an objective, fair, equitable and non-biased manner. The city shall not engage in
discriminatory conduct based upon race, ethnicity, creed, color, nationality, religion,
sexual orientation, gender or socio-economic status.
Mr. Stewart moved to approve the language in Section 1.07.
Seconded by Mr. Kinney and carried by a vote of the Committee as follows:
Stephen H. Coover Aye
Jason Brodeur Aye
James Davis Aye
Otto Garrett Aye
Robert Kinney Aye
".... Chris McLeod Aye
Dennis Stewart Aye
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There was some discussion of Section 2.01 (a). Mr. McLeod
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suggested tabling this item; his subcommittee is still working on it.
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Mr. Kinney moved that the discussion of Section 2.01 (a) be tabled
until the next meeting. Seconded by Mr. Brodeur and carried by a vote of
the Committee as follows:
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Stephen H. Coover Aye
Jason Brodeur Aye
James Davis Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Nay
Section 2.01 (c) (1)
(c) Municipal Elections.
(1) The regular municipal election for the election of a mayor and city commissioners shall
be held at the same time as the state's general election. Each candidate shall announce
whether he or she is a candidate for the office of mayor or shall name the district seat for
which they are seeking office. The candidate for mayor receiving a majority of the votes
cast for mayor shall be elected. The candidate in each group for commissioner receiving a
majority of the votes cast in that group shall be elected. In case no candidate for mayor
receives a majority of the votes cast for mayor in such election, a second election shall be
held four (4) weeks following such election, at which election only the two (2) candidates
for Mayor receiving the highest vote in the first election shall be candidates, and the
candidate for mayor receiving a majority of the votes cast for mayor shall be elected. In
case no candidate for commissioner in a group receives a majority of the votes cast in that
group in such election, a second election shall be held four (4) weeks following such
election, at which election only the two (2) candidates receiving the highest vote in the
first election shall be candidates. The candidate receiving a majority of the votes cast in
such group shall be elected.
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Mr. McLeod moved to approve Section 2.01 (c) (1). Seconded by Mr.
Stewart and carried by a vote of the Committee as follows:
Stephen H. Coover
Jason Brodeur
James Davis
Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
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Section 2.01 (c) (2)
(2) If a tie should occur during a run-off election the winner of the election shall be
determined by the toss of a coin. The candidate filing the earliest qualifying papers shall
call the coin while it is in the air. The city clerk shall toss the coin and allow the coin to hit
the floor to reveal the face of the coin. The face of the tossed coin shall determine the
winner of the race. Write-in votes shall be allowed and counted only in the first election.
Write in ballots shall not be permitted in run-off elections. The names of unopposed
candidates shall not appear on the general election ballot in accordance with the General
Laws, State of Florida.
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Mr. Stewart moved to approve Section 2.01 (c) (2). Seconded by Mr.
Brodeur and carried by a vote of the Committee as follows:
Stephen H. Coover Aye
Jason Brodeur Aye
James Davis Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Aye
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Section 2.01 (c) (3)
(3) Any matter which, by the terms of this charter may be submitted to the electors of the
city at any special election may be submitted and voted upon at the city's general election.
Mr. Stewart moved to approve Section 2.01 (c) (3). Seconded by Mr.
Otto and carried by a vote of the Committee as follows:
Stephen H. Coover Aye
Jason Brodeur Aye
James Davis Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Aye
"....
Mr. Kinney moved that Section 2.01 (d) be tabled until the next
meeting. Seconded by Mr. McLeod and carried by a vote of the Committee
as follows:
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Stephen H. Coover
Jason Brodeur
Aye
Aye
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Aye
Aye
Aye
Aye
Aye
Mr. Stewart moved that Section 2.01 (d) be un-tabled. Seconded by
Mr. McLeod and carried by a vote of the Committee as follows:
James Davis
Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
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Stephen H. Coover Aye
Jason Brodeur Aye
James Davis Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Aye
Section 2.01 (d)
(d) Qualifying for office. Any person who is a qualified elector in the City of Sanford, and
otherwise qualified, may become a candidate for the office of mayor or city commissioner 1
upon filing with the city clerk a written notice of his or her intention to become a candidate . I
in accordance with Article VI, requesting that his or her name be printed upon the ballot ...
and depositing with such written notice a sum equal to one percent (1 %) of the then
effective annual salary of the office the candidate seeks plus the costs of any applicable
state mandated election fees as a qualifying fee for the office sought. All 1 % qualification
fees shall be placed in the general fund of the City of Sanford and allocated toward the
cost of city elections. State election fees shall be transferred to the State of Florida as
provided by general state law.
The period within which a candidate may qualify as above stated shall begin ninety-two
(92) days prior to the election and shall terminate at 12:00 noon on the last regular
working day for the city clerk's office eighty-eight (88) days in advance of the election
date. Qualification can be effected only during normal working hours for the city clerk's
office.
Any person who is a qualified elector in the City of Sanford, and otherwise qualified, may
alternatively become a candidate for the office of mayor or city commissioner upon filing
with the city clerk a written notice of his or her intention to become a candidate in
accordance with Article VI, requesting that his or her name be printed upon the ballot and
presenting a written petition with the names of 250 signers who are eligible electors
residing in the commission seat the candidate seeks. Candidates for mayor qualifying by
petition shall present a written petition with the names of 500 signers who are eligible
voters residing within the city. The petitions shall include the printed name, signature, J........
address, precinct number, voter identification number and telephone number of the signer ...
for verification purposes. Petitions for placing a candidate's name on the ballot may be
submitted to the city clerk for verification in whole or in part. Candidates qualifying by
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petition may begin collecting and turning in names on petitions one hundred and twenty
(120) days in advance of the opening of the qualifying period. All petitions for placing a
candidate's name on the ballot must be received by the city clerk's office prior to the end
of the qualifying period. The city clerk shall present the names on written qualification
petitions to the supervisor of elections office for certification as a valid elector and shall
provide timely notification of the number of certified electors to the candidate until the
requisite number of electors has been met or the qualification period has ended with the
candidate being unable to meet the required numbers of certified electors during their
qualification petition attempt.
The costs of elector certifications shall be paid to the city clerk by the individual
candidate(s) requesting the certification as a part of the qualifying procedures.
Mr. McLeod moved to approve the Section 2.01 (d) as amended.
Seconded by Mr. Stewart and carried by a vote of the Committee as
follows:
Stephen H. Coover Aye
Jason Brodeur Aye
James Davis Aye
Otto Garrett Aye
- Robert Kinney Aye
Chris McLeod Aye
- Dennis Stewart Aye
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Mr. Kinney moved that Section 2.02 (a) and (b) be tabled so the
language can be perfected. Seconded by Mr. Davis and carried by a vote
of the Committee as follows:
Stephen H. Coover Aye
Jason Brodeur Aye
James Davis Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Aye
Section 2.03 (a)
(a) The mayor shall be elected for a term of four years. The mayor shall be a member
of the commission. In addition, he or she shall preside over meetings of the
commission, 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
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procedure established in section 2.06(c).
Mr. Stewart moved to approve Section 2.03 (a). Seconded by Mr.
McLeod and carried by a vote of the Committee as follows:
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Stephen H. Coover Aye
Jason Brodeur Aye
James Davis Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Aye
Mr. Kinney moved that Section 2.03 (b) be tabled. Seconded by Mr.
McLeod and carried by a vote of the Committee as follows:
Stephen H. Coover
Jason Brodeur
James Davis
Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
..,
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Section 2.06 (a)
(a) Vacancies. The office of commissioner or mayor shall become forfeited and
declared vacant upon the death, resignation, conviction of a felony, recall or removal
from office in any other manner authorized by law or this charter.
Mr. McLeod moved to approve Section 2.06 (a). Seconded by Mr.
Brodeur and carried by a vote of the Committee as follows:
Stephen H. Coover
Jason Brodeur
James Davis
Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
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Section 2.06 (b) (3)
(3) is convicted of a felony crime without having civil rights restored, or
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Mr. McLeod suggested Section 2.06 (b) (3) be amended as stated
and carried by a vote of the Committee as follows:
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Stephen H. Coover Aye
Jason Brodeur Aye
James Davis Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Aye
Mr. Stewart moved that Section 2.06 (b) (5) be tabled. Seconded by
Mr. Davis and carried by a vote of the Committee as follows:
Stephen H. Coover Nay
Jason Brodeur Aye
James Davis Aye
Otto Garrett Aye
- Robert Kinney Nay
Chris McLeod Nay
-- Dennis Stewart Aye
Mr. Stewart moved that Section 2.07 be tabled. Seconded by Mr.
Kinney and carried by a vote of the Committee as follows:
Stephen H. Coover Aye
Jason Brodeur Aye
James Davis Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Aye
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Section 2.08
The city commission shall appoint, direct, 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. The city
clerk shall give notice of commission meetings to its members and the public keep the
journal of its proceedings and perform supplementary duties as are assigned by this
charter, or by the commission. The clerk shall be responsible for providing the
commission and city manager with sufficient budgetary information for the clerk's
function in accordance with the city's established budgetary process.
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Mr. Brodeur moved to approve Section 2.08 as written by the Public
Officials Subcommittee. Seconded by Mr. Stewart and carried by a vote of
the Committee as follows:
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Stephen H. Coover Aye
Jason Brodeur Aye
James Davis Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Aye
Section 3.02 (4)
(4) The city manager shall continue to receive his or her salary until the effective date
of a final resolution of removal. The action of the commission in suspending or
removing the manager shall not be subject to review by any court or agency.
Mr. McLeod moved to approve Section 3.02 (4). Seconded by Mr.
Brodeur and carried by a vote of the Committee as follows:
Stephen H. Coover
Jason Brodeur
James Davis
Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
..,
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Section 3.03
The city manager shall designate an acting city manager who shall perform the
function of the city manager during the manager's temporary absence or disability. The
city commission shall have power to give advice and consent to the city manager's
designee. The city manager's approved designee for acting city manager shall be filled
with the city clerk's office. The city commission may revoke the city manager's
designee at any time. During times of the city manager's absence or disability, the
commission may revoke such designation and appoint an acting city manager on its
own authority.
Mr. McLeod moved to approve Section 3.03 as written. Seconded by
Mr. Stewart and carried by a vote of the Committee as follows:
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Stephen H. Coover Aye
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Jason Brodeur
James Davis
Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
"....
Mr. McLeod moved that Section 4.01 (a) and (b) be tabled.
Seconded by Mr. Stewart and carried by a vote of the Committee as
follows:
Stephen H. Coover Aye
Jason Brodeur Aye
James Davis Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Aye
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Mr. McLeod moved that Section 4.01 (b) and (c) be tabled. Seconded
by Mr. Kinney and carried by a vote of the Committee as follows:
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Stephen H. Coover Aye
Jason Brodeur Aye
James Davis Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Aye
Section 4.02 (a)
(a) Merit principle. All appointments, raises, bonuses and promotions received by city
officers and employees shall be made solely on the basis of merit and fitness as
demonstrated by an impartial examination, evaluation or other objective evidence of
competence and documented meritorious service.
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Mr. McLeod moved to not approve Section 4.02 (a). Seconded by Mr.
Brodeur and carried by a vote of the Committee as follows:
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Stephen H. Coover
Jason Brodeur
Aye
Aye
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James Davis
Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Section 4.02 (b)
(b) Personnel director. There shall be a personnel director appointed by the city
manager who shall administer the personnel system of the city.
Mr. Stewart moved to delete the reference to the Personnel Director
in Section 4.02 (b). Seconded by Mr. McLeod and carried by a vote of the
Committee as follows:
Stephen H. Coover
Jason Brodeur
James Davis
Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Section 4. 02 (b)
(b) Personnel rules. The city manager shall cause the city's designated human
resources staff to prepare personnel rules in accordance with existing federal and/or
state laws. The rules shall be prepared in accordance with the city's needs and shall
comport with sound, overall management and labor functions. Personnel rules shall be
reviewed and approved by the city commission. Personnel rules shall be published in
an employee policies and procedures manual that shall be available to all employees
and the general public.
Mr. Stewart moved to approve the new Section 4.02 (b), Employee
Policies and Procedures Manual. Seconded by Mr. McLeod and carried by
a vote of the Committee as follows:
Stephen H. Coover
Jason Brodeur
James Davis
Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
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Section 4.05
.... The city commission may appoint and contract such special legal counsel, consultants
and consulting firms as it deems necessary. Special counsel and contracted
consultants shall operate pursuant to contract and report to the city commission.
Mr. Stewart moved to adopt the amended language for Section 4.05.
Seconded by Mr. McLeod and carried by a vote of the Committee as
follows:
Stephen H. Coover Aye
Jason Brodeur Aye
James Davis Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Aye
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Mr. Coover stated at the next meeting would be held on Thursday,
July 26, 2007 and the Committee will pick up with Article 5.
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Mr. Mcintosh validated the deadline of August 22, 2007.
Mr. Coover stated he is planning to have the public hearing on August
9, 2007 and he is planning to have everything done at the end of the
meeting on July 26, 2007. He stated there will be a document for the public
hearing demonstrating what the Committee's recommendations are.
Adjournment
The meeting was adjourned at 8:04 PM.
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CHAIRMAN
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Attest:
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