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HomeMy WebLinkAbout02-08-2016 CRC MinutesLm LX SEBASTIAN HOME OF PELICAN ISLAND CHARTER REVIEW COMMITTEE MINUTES FEBRUARY 8, 2016, 6:00 PM CITY COUNCIL CHAMBERS 1225 MAIN ST, SEBASTIAN, FL Chairman Jones called the Charter Review Committee meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Fred Jones, Chairman Beth Mitchell, Vice Chair Dan Dragonetti Mike Baran Dick Krull Louise Kautenburg Carolyn Sartain -Anderson Sergio Mota Bruce Hoffman 4. AGENDA MODIFICATIONS- None 5. APPROVAL OF MINUTES i. August 10, 2011 Minutes Absent: Matthew Sims (excused) Michael Frank (excused) Albert lovino (excused) Also Present: Kelley Armitage, Special Magistrate Jeanette Williams, Deputy City Clerk Cathy Testa, Records Clerk Gary Vicars, AV Technician Vicki Haun, AV Technician MOTION by Ms. Mitchell and SECOND by Mr. Krull to approve the August 10, 2011 minutes carried unanimously with a voice vote. January 19, 2016 Minutes MOTION by Ms. Sartain -Anderson and SECOND by Mr. Dragonetti to approve the January 19, 2016 minutes carried unanimously with a voice vote. 6. UNFINISHED BUSINESS i. 2011 Charter Review Ballot Questions Mr. Krull asked if the Committee should reconsider any of the items that did not pass the 2011 referendum. Ms. Mitchell, Mr. Dragonetti and Ms. Kautenburg stated they would like to reconsider some the items to include longer terms for Council members. Special Magistrate Armitage noted there is pending legislation regarding the conduct of municipal elections that might make the Committee's discussion a moot point. Ms. Mitchell stated that she would still like the Committee to take a position on the conduct of election. Charter Review Committee Meeting 2 February 8, 2016 Discussion followed on the low voter turnout for the 2011 ballot questions and whether residents understood the questions. Ms. Mitchell asked if there was a method to communicate the Committee's thinking on the recommendations. Ms. Kautenburg said the members could speak on the proposals but there is specific, limited latitude on how the ballot can be written which contributes to a misunderstanding of the proposals. Chairman Jones noted voter apathy is also a contributing factor. Mr. Hoffman suggested they include the proposals in the August's Pelican News. 7. PUBLIC INPUT Bob Zomok introduced himself, noting he was vice chair of the 2011 Charter Review Committee. He read his 2011 Process Improvement Comments. (See attached) He recommended that members review the National Civic League's model charter at http://archive.cgr.org/onebataviacharter/docs/National Civic League City Charter.pdf He also suggested that if members want to propose changes on an individual basis, they should submit documentation and incorporate the document into the minutes so Council will have detail on their thought process. Rob Messersmith, 30 year resident, city employee, stated the majority of City Council members are elected in the off year, with low voter turnout, and he would like to see this considered as the Committee begins their deliberations. 8. NEW BUSINESS i. Review and Discuss Article I Section 1.01 Creation and powers. — No changes. Section 1.02. Extraterritorial powers. Mr. Krull asked the Committee if they should be concerned with docks, wharves and seawalls. Ms. Sartain -Anderson added that seawalls were discussed last year by City Council and the mooring field was just discussed at last City Council meeting. Ms. Mitchell remarked that she would be hesitant to legally obligate the City with their recommended changes to regulate wharves and docks in and out of the City. Ms. Kautenburg reminded the members that archaic language might not be worth bringing to the ballot unless it has an impact. Ms. Kautenburg said paragraph six, regarding stock does not fall within the purview of the City. Special Magistrate Armitage explained the extraterritorial powers do not require the City to act, just authorizes the City to act. Mr. Krull corroborated that the extraterritorial powers allow the City to operate a golf course and airport which don't have to be profitable, just be allowed to operate. Mr. Hoffman asked if there is a duty to provide internet or Wifii services. Ms. Mitchell suggested they begin a list of their items of interest. 2 Charter Review Committee Meeting 3 February 8, 2016 Mr. Zomok commented that in 2011, the Committee was advised not to bring forward too many issues to confuse the voters, but to consider everything and at the end of deliberations decide what items such as internet they might want to put on the ballot. MOTION by Ms. Kautenburg and SECOND by Ms. Mitchell to furnish any and all public services, including information technology, under Section 1.02 (4) Public Utilities passed with a unanimous voice vote. MOTION by Ms. Mitchell and SECOND by Ms. Kautenburg to remove Section 1.02 (6) regarding stock passed with a unanimous voice vote. In response to Mr. Krull, Special Magistrate Armitage said extraterritorial means outside the City limits. Section 1.03 Intergovernmental relations. — No changes. Section 1.04 Boundaries. — No changes. Section 1.05 Existing businesses may continue after annexation. Mr. Krull asked what happens if a business violates a City ordinance, the City annexes the business and continues to allow them to operate. Ms. Kautenburg said it would be like a "taking" from the business and she would not have problem allowing the business to continue. Review and Discuss Article II Section 2.01 Composition. — No changes. Section 2.02 Eligibility. Mr. Krull noted residency for one year doesn't seem like enough time for someone to learn about the City and run for Council. In response to Mr. Hoffman, the Special Magistrate explained that Section 2.01 referring to qualified voter and Section 2.02 referring to qualified elector meant the same individual, the sections were just written by a different scrivener. Section 2.03 Election. Ms. Mitchell noted annual elections are inefficient and costly. Voter apathy is not positive to the process; and Council members should serve four years to maintain continuity after their learning curve. Mr. Dragonetti said he was opposed to four year terms. Chairman Jones pointed out the ballot is more expensive in odd numbered year. Ms. Kautenburg commented that many times the incumbents have to wait while newly elected officials experience the learning curve. Discussion followed on having an ineffective Council member for four years as opposed to two years. Ms. Mitchell commented that if there is a Council member that is not doing the will of the voters, the other four Council members can take care of an issue. Charter Review Committee Meeting 4 February 8, 2016 In response to Mr. Mota's asking how the Committee felt about term limits, Mr. Zomok began to discuss the 2011 recommendation and Ms. Mitchell called for a point of order. Chairman Jones acknowledged Mr. Zomok. Mr. Zomok said the 2011 Charter Review Committee recommended no more than two consecutive terms and he suggested the Committee should read Section 2.09 which might apply to ineffective Council members. MOTION by Ms. Mitchell and SECOND by Mr. Krull to make the same recommendation as made in 2011. Council members should be elected in even number years for four year terms; those elected in 2016 shall serve until 2020. Special Magistrate Armitage cited HB7059 which is pending in Tallahassee and encouraged the Committee to table this discussion. (see attached) Ms. Mitchell did not withdraw her motion and it passed with a unanimous voice vote. Mr. Hoffman continued the term limit discussion, suggesting Council members serve three terms. Ms. Kautenburg stated the election process would take care of any ineffective elected official. Mr. Mota noted there are unscrupulous individuals in New York City that continue to serve therefore he was in favor of term limits. Mr. Hoffman started a motion to mirror the 2011 recommendation. The 2011 recommendation was as follows: Term Limits Notwithstanding any other provisions of this Charter, effective with the terms of council members scheduled to commence November 2011, no person shall be elected as a council member for more than two (2) consecutive terms. Neither service as a council member prior to the terms scheduled to commence November 2011, nor service of a partial term subsequent to November 2011 shall be considered in applying the term limitation provision of this section. Section 2.04 Term commencement. — No changes Section 2.05 Compensation. Mr. Krull said the low compensation is probably one of the reasons there are not a lot of candidates; the vice mayor salary should probably be more in the middle between the mayor and council member's salary; and asked if the compensation enough for what they do. Mr. Hoffman said recently Council voted on health insurance for them and during that discussion it was said the reason they serve is not for the compensation but more for community service. Ms. Kautenburg added that Council is also paid an expense stipend in addition to their salary. Ms. Mitchell said their monthly amount should be increased, she asked when the last time was that they had an increase; and they should be reimbursed for any real expenses they incur with documentation rather than the stipend. M Charter Review Committee Meeting 5 February 8, 2016 Mr. Krull said the vice mayor's salary should be increased. Ms. Mitchell suggested giving the vice mayor the mayor's salary when he is acting as the mayor. MOTION by Ms. Mitchell and SECOND by Mr. Dragonetti to double the salary amounts currently allocated, in the event the vice mayor acts as mayor, the vice mayor receives the mayor's salary; the expense account should be eliminated but Council members should be reimbursed for qualified expenses. AMENDED MOTION by Ms. Mitchell and SECOND by Mr. Dragonetti to have the vice mayor compensated if the vice mayor acts as the mayor for 30 days or more. Mr. Zomok said in 2011, the Committee considered what Council member's W-2 statement looked like, and if they should make automatic increases based on social security but ultimately the Committee left the section alone. On a voice vote the motion with the amendment passed with seven ayes, two nays. Section 2.06 Mayor; vice mayor. Mr. Hoffman asked why the term was not stated for the mayor as it is for the vice mayor. Ms. Kautenburg explained the mayor serves for a year but the individual could serve additional terms if reappointed by his fellow Council members. Mr. Hoffman said since it is not noted, the mayor could serve forever. Ms. Mitchell asked if the mayor can be removed during the one year term. Special Magistrate Armitage advised another Council member could make a motion to remove the mayor from office, but that individual would stay a Council member. MOTION by Mr. Hoffman and SECOND by Ms. Mitchell to amend Section 2.06 paragraph (a) to include the same verbiage for vice mayor as the second sentence in Section 2.06 paragraph (c) passed with a unanimous voice vote. Section 2.07 General powers and duties. — No changes. Section 2.08 Vacancies; forfeiture of office; filling of vacancies. In Section 2.08 (c ), Mr. Hoffman stated if the Council is required to meet once a month, he asked why they wait 45 days to fill a vacancy. Ms. Kautenburg said in her experience, it has taken a little time to find someone. Ms. Kautenburg said the term "moral turpitude" is nebulous in Section 2.08 (3); the Florida Courts define it as the idea of inherent baseness or depravity in the private social relations or duties owed by man to man or by man to society. The Florida Courts have specifically held that manslaughter by culpable negligence is a crime of moral turpitude. The Courts have also held bookmaking as crime of moral turpitude. The Courts have held that a physician selling bogus diplomas and licenses commits a crime of moral turpitude; however certain crimes such as the possession of controlled substances have held to be not to be a crime of moral turpitude. Charter Review Committee Meeting 6 February 8, 2016 Special Magistrate Armitage pointed out that the language "shall forfeit" means "must," if someone violates paragraph (b). Forfeiture must happen if a Council member receives a traffic ticket. If a Council member gets a traffic ticket, they would be off City Council. He added in criminal law, it would be the purview of the judge to withhold adjudication so someone might not necessarily be convicted. The reason laws use terms such as "moral turpitude" because some crimes are more or less heinous so it would need to be decided which is worse, a felony DUI or someone who stole money. Mr. Zomok commented that the 2011 Charter Review Committee held the same discussion and found the current language gives flexibility; case law is ever changing; and if it was changed, they might be digging themselves into a hole that they can't get out of. Section 2.09 Judge of qualifications. — No changes. Section 2.10 City council -employee relationship. — No changes. Section 2.11 Investigations. Mr. Krull asked to what end would City Council investigate a situation. Mr. Baran pointed out the last sentence is to produce evidence. Mr. Hoffman said sometimes City Council sits as a quasi-judicial body. Ms. Mitchell said annual Charter Officer evaluations are governed by resolution but she would like to find a place to include it in the Charter. Section 2.12 Procedure. — No changes. Section 2.13 Emergency ordinances. Mr. Krull stated finding four Council members might be difficult during an emergency. Mr. Hoffman recalled that City Council just addressed emergency situations and noted in regard to hurricanes, there is plenty of time to take action. Ms. Mitchell noted there are a number of layers of emergency response and she couldn't think of a situation that would need four Council members to approve. Section 2.14 Codes of technical regulations. — No changes. Section 2.15 Authentication and recording; codification; printing.— No changes. Section 2.16 Standing committees. Ms. Sartain -Anderson asked if the advisory committees were equal to a standing committee. Special Magistrate Armitage explained that all of the committees are authorized to remain in existence even if Council members leave office. 9. STAFF MATTERS — None 10. COMMITTEE MEMBER MATTERS — None 2 Charter Review Committee Meeting 7 February 8, 2016 11. SET DATE AND ITEMS FOR NEXT AGENDA Chairman Jones said Articles 3 and 4 would be considered at the March 14 at 6 p.m. 12. Being no further business, Chairman Jones adjourned the 2016 Charter Review meeting at 8:17 p.m. Approved by Committee: C n Fred Jones Date F L O R I D A H O U S E I III IIIIIIIIIIIIIIIIIIIIII HB 7059, Engrossed 1 O F R E P R E S E N T A T I V E S 1 A bill to be entitled 2 An act relating to election dates for municipal 3 office; amending s. 100.3605, F.S.; requiring 4 municipal elections to be held on certain dates 5 determined by the supervisor of elections or on 6 alternative fixed dates agreed to by the supervisor of 7 elections and all municipalities within the county; 8 providing applicability; preempting to the state the 9 authority to establish election dates for municipal 10 elections; providing construction; amending s. 11 100.361, F.S.; requiring municipal recall elections to 12 be held concurrently with municipal elections under 13 certain conditions; repealing s. 101.75, F.S., 14 relating to change of dates for cause in municipal 15 elections; providing that the terms of incumbent 16 elected municipal officers are extended until the next 17 municipal election; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Subsection (2) of section 100.3605, Florida 22 Statutes, is amended to read: 23 100.3605 Conduct of municipal elections. - 24 (2)(a) Each election for municipal office within a count 25 must be held on the same date as the general election, if held 26 in an even -numbered year, or on the first Tuesday after the Page 1 of 5 CODING: Words std are deletions; words underlined are additions. 2016 hb7059-01-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 7059, Engrossed 1 2016 27 first Monday in November, if held in an odd -numbered year. The 28 supervisor of elections shall determine whether elections for 29 municipal office are held within the county in even -numbered 30 years, odd -numbered years, or both. 31 (b) If a municipal charter or ordinance requires a runoff 32 format for the municipality's elections for municipal office and 33 such elections are held: 34 1. In an even -numbered year, the municipality must hold 35 its initial election at the primary election held on the Tuesday 36 10 weeks before the general election and its runoff election at 37 the general election. 38 2. In an odd -numbered year, the municipality must hold its 39 initial election at an election held on the Tuesday 10 weeks 40 before the election held on the first Tuesday after the first 41 Monday in November. The municipality must hold its runoff 42 election at the election held on the first Tuesday after the 43 first Monday in November. 44 (c) In lieu of paragraph (a), if the supervisor of 45 elections and all of the municipalities within a county, except 46 municipalities that are exempt pursuant to paragraph (e), agree 47 to conduct elections for municipal office on one alternative 48 fixed date each year, elections for municipal office in the 49 county may be held each year on the agreed upon alternative 50 fixed date. Before a municipal election is conducted pursuant to 51 this paragraph, each municipality within the county must adopt 52 the alternative fixed date by ordinance. Each ordinance must Page 2 of 5 CODING: Words st►� keR are deletions; words underlined are additions. M7059 -01-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S H87059, Engrossed 1 2016 53 provide the dates for qualifying for the election and the dates 54 on which the elected officers' terms of office commence. 55 (d) For purposes of this subsection, if a municipality is 56 located within more than one county, the municipality is 57 considered part of the county in which a majority of the 58 municipality's land area is located. 59 (e) A municipality is exempt from this subsection if it 60 conducts its elections for municipal office without assistance 61 from the supervisor of elections. Assistance from the supervisor 62 of elections does not include a municipality's use of the voting 63 devices of the voting system used in the county. An exempt 64 municipality is not required to agree to the alternative fixed 65 date established pursuant to paragraph (c). 66 (f) This subsection does not affect the manner in which 67 vacancies in municipal office are filled or recall elections for 68 municipal officers are conducted. 69 (g) Notwithstanding any general law, special law, local 70 law, municipal charter, or municipal ordinance, this subsection 71 provides the exclusive method for establishing the dates of 72 elections for municipal office in this state. Any general law, 73 special law, local law, municipal charter, or municipal 74 ordinance that conflicts with this subsection is superseded to 75 the extent of the conflict. 76 (3) The governing body of a municipality may, by 77 ordinance, ehange the dates 78 provide Page 3 of 5 CODING: Words svic�i are deletions; words underlined are additions. M7059 -01-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S I III IIIIIIIIIIIIIIIIIIIIII HB 7059, Engrossed 1 2016 79 for the orderly transition of office resulting from election 80 sueh date changes. 81 Section 2. Subsection (4) of section 100.361, Florida 82 Statutes, is amended to read: 83 100.361 Municipal recall. - 84 (4) RECALL ELECTION.—If the person designated in the 85 petition files with the clerk, within 5 days after the last - 86 mentioned notice, his or her written resignation, the clerk 87 shall at once notify the governing body of that fact, and the 88 resignation shall be irrevocable. The governing body shall then 89 proceed to fill the vacancy according to the provisions of the 90 appropriate law. In the absence of a resignation, the chief 91 judge of the judicial circuit in which the municipality is 92 located shall fix a day for holding a recall election for the 93 removal of those not resigning. Any such election shall be held 94 not less than 30 days or more than 60 days after the expiration 95 of the 5 -day period last-mentioned and at the same time as 96 anyother general, municipal, or special election held within the 97 period; but if no such election is to be held within that 98 period, the judge shall call a special recall election to be 99 held within the period aforesaid. 100 Section 3. Section 101.75, Florida Statutes, is repealed. 101 Section 4. To provide for an orderly transition of office, 102 the terms of incumbent elected municipal officers are extended 103 until the next municipal election held in accordance with this 104 act. Page 4 of 5 CODING: Words st14en are deletions; words underlined are additions. hb7059-01-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 1051 H87059, Engrossed 1 Section 5. This act shall take effect January 1, 2017. Page 5 of 5 CODING: Words striGken are deletions; words underlined are additions. 2016 hb7059-01-e1 Draft 1 1 8/ 1 1/ 1 1 Process Improvement Comments I would like to submit, for your consideration, potential process improvement changes. As I am sure you are aware, process improvement has been a part of the quality improvement movement for some time. The area I am addressing are improvement of the Orientation of the next Charter Review Committee and functioning of the Charter Review Committee. What I observed was an overview presentation of each section the Committee recommended for change, a debate by Council on the merits of the changes as presented, and an initial decision on what elements would move forward to the second reading. The possibility exists that points may be raised in that debate that have, in fact, been discussed by the Committee and for which the Committee may have compelling arguments in support of that recommendation and which are effective counter -points to Council's debate; however, additional "public" (i.e., Committee) input is limited to five (5) minutes by Council rules. Another shortcoming of this process is Council has only the changes as recommended and compared to the current Charter. The City Attorney was able to provide some input concerning the reasons for the recommendation by the Committee. Had I known about the procedure for presenting recommendations to City Council made by the Charter Review Committee. I would have been more diligent in documenting the rationale for each of the recommendations. This observation was the precipitating reason for the following suggestions. Therefore, I recommend that the Orientation for the next Charter Review Committee include the following and be assembled into an Orientation package for the Committee: Presentation by the City Attorney on the Sebastian City Ordinances pertaining to the Charter Review Committee and a summary of the Florida Sunshine Law requirements., (Both of these items should be given to the Committee in hard copy) Each member should, by virtue of the presentation by the City Attorney, be aware of the fact that the Charter Review Committee is a recommending body and that City Council can and does decide that some change elements, as recommended by the Committee, are deleted from the changes going forward to a community -wide ballot. Details of the process concerning the initial presentation of the recommendations including the format (as described below) for the presentation to Council. Draft 1 Therefore, as part of the Orientation, each member of the Charter Review Committee should be made aware of these Expectations at the first meeting by way of an Orientation Manual: Each member is required to review the Model City Charter published by the National City League. (The City Clerk has a copy of the complete model charter as well as the website for the complete model charter.) Due to the length of the model charter, it is prohibitive to produce hard copy. The website address should be in writing as part of the initial Orientation documentation. Each member is required to do some research and/or formulate his/her opinion on the matters at issue between meeting. Each member is required to submit, in writing through the City Clerk for distribution to the rest of the Committee, their position on the Section(s) being discussed, whether it be for or against, at least one (1) week prior to the next meeting. At the end of the discussion and voting for the debated changes, a summary would be prepared discussing the rationale for the recommended changes. At the end of the Committee's work and for the meeting just prior to the first public meeting, each section wherein changes are recommended and the accompanying rationale for those changes needs to be the topic and should be prepared and distributed to the Committee for final draft review. Each member should be encouraged to attend the City Council meeting at which the First Reading occurs. Each member will, after the Committee has been dissolved, submit their thoughts on process improvement. This needs to be accomplished on an informal basis. Therefore, one or two members need to either volunteer or be appointed by vote of the Committee, to gather this information, combine it into a single document and distribute it to the other Committee members for their comments. Once the Committee members have commented, a final document is to be prepared and distributed to the now ad hoc Committee. Once everyone has had a chance to review the final document, each person is required to submit a list of recommended changes to the Orientation Manual. Interaction with City Council Since Council has the opportunity to debate the recommended changes using as much time as it feels is necessary, the Committee should meet with the full council to have a dialogue about the recommended changes. This dialogue can happen in one of several venues. The Committee can attempt to use the "public comments" portion of a regular City Council meeting. However, the time for the Draft 1 presentation is. by rule, limited to five (5) minutes. Council can grant additional time but rarely would this time go beyond 10 minutes. This rule is necessary, from a pragmatic perspective, otherwise Council meetings would be interminable if debate is permitted on any and all issues before Council. A second possibility is to have Council call a Special Session solely for review and dialogue about the recommended changes and the supporting rationale for those changes. However, calling a special session of City Council requires an number of special steps for the meeting to occur. Another possibility is to have Council attend the public sessions the Committee is required to hold so that the Committee's recommendations and supporting rationale can be presented to Council and they have a chance for input. Further, the dates for the public meetings are determined at the first meeting of the Charter Review Committee. This happens due to the rules surrounding when meetings can occur and the required notification to the public can be produced. Council can be made aware of the date of the first public meeting as soon as possible after the date is confirmed. At that same time, a letter should go to each Council member inviting him/her to attend and listing the agenda for that meeting. (An ancillary benefit to this approach is the public might be more inclined to attend as well knowing that Council will be present.) After the dialogue has occurred, the Committee has the opportunity to revise parts or all of a given Section or Sections. Then, a final document is prepared for delivery to Council prior to the First Reading. The Committee can be more effective in the initial presentation and, perhaps, shorten the time for Council meeting consideration. This approach would go a long way toward having all recommendations move to the ballot. Then, as should be the case, the community residents have the opportunity to make the final decision. 08/11/2011 http://archive.cgr.org/onebataviacharter/docs/National_Civic_League_City_Charter.pdf Revised 02/05/2016 PART I CHARTER* • *Editor's note: Printed herein is the Home Rule Charter of the City of Sebastian adopted by Ordinance Number 0-78-9 on October 9, 1978, and approved at referendum on December 11, 1978. The Charter became effective January 1, 1979. Obviously misspelled words have been corrected without notation. Words added for clarification have been added in brackets. Amendments have been included and are indicated by a history note immediately following the amended section. State law references: Municipal Home Rule Powers Act, F.S. ch. 166; Charter amendments, F.S. § 166.031. Article I. Creation and Powers Sec. 1.01. Creation and powers. Sec. 1.02. Extraterritorial powers. Sec. 1.03. Intergovernmental relations. Sec. 1.04. Boundaries. Sec. 1.05. Existing businesses may continue after annexation. Article 11. City Council Sec. 2.01. Composition. Sec. 2.02. Eligibility. Sec. 2.03. Election. Sec. 2.04. Terms. • Sec. 2.05. Compensation; expenses. Sec. 2.06. Mayor; vice -mayor. Sec. 2.07. General powers and duties. Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies. Sec. 2.09. Judge of qualifications. Sec. 2.10. City council -employee relationship. Sec. 2.11. Investigations. Sec. 2.12. Procedure. Sec. 2.13. Emergency ordinances. Sec. 2.14. Codes of technical regulations. Sec. 2.15. Authentication and recording; codification; printing. Sec. 2.16. Standing committees. Article III. Administration and Legal Departments Division 1. Generally Sec. 3.01. Creation. Sec. 3.02. Appointment [of Charter officers]. Sec. 3.03. Removal [of Charter officers]. Sec. 3.04. City manager; powers and duties. Sec. 3.05. City clerk. Division 2. Police Department Sec. 3.06. Police department. Sec. 3.07. Reserved. Sec. 3.08. Reserved. Division 3. • Legal Sec. 3.09. City attorney. Article IV. Elections • Sec. 4.01. Adoption of state election laws. Sec. 4.02. Filing of candidate's oath; fee. Sec. 4.03. Special municipal elections to elect elective officers. Sec. 4.04. Special election for other purposes. Sec. 4.05. Reserved. Sec. 4.07. Elections--How arranged; inspectors and clerks. Sec. 4.08. Same--Canvass of returns; certificates of election. Sec. 4.09. Same--Ballots. Sec. 4.10. Reserved. Sec. 4.11. Reserved. Sec. 4.12. Election procedures; tie vote. Sec. 4.14. Interim government. Article V. General Provisions Sec. 5.01. Severability of provisions. Sec. 5.02. Effective date. Sec. 5.03. Charter review committee. Article VI. Transition Sec. 6.01. Title to property reserved. Sec. 6.02. Obligations unimpaired. Sec. 6.03. Officers and employees holdover. Sec. 6.04. Ordinances preserved. • Sec. 6.05. Continuation of former charter provisions. ARTICLE 1. CREATION AND POWERS* *State law references: Home rule powers generally, F.S. § 166.021. Sec. 1.01. Creation and powers. The City of Sebastian, Florida, as now established, shall continue to be a municipal body politic and corporate in perpetuity under the name "City of Sebastian" and, under that name, shall have all governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. Sec. 1.02. Extraterritorial powers. In addition to the powers enumerated herein, the city shall be vested with all extraterritorial powers heretofore granted by the prior Charter of the City of Sebastian, Florida, as follows: (1) Acquisition of property. To acquire by purchase, gift, devise, condemnation, lease or otherwise, real or personal property or any estate therein, or riparian right or easements therein, within or without the city, to be used for any municipal purpose, including cemeteries or places for burial of the dead; streets and highways, public parking lots or spaces; bridge and tunnels sites; the construction of a telephone system; plants, works and wells and other equipment necessary for supplying said city with water, ice, gas for illuminating and heating purposes, and • electric power for illuminating, heating and other purposes; the location of waterworks and sites 2 for public utility works; the establishment of peer- hGU6e6-, houses of detention and correction; hospitals for the cure or detention of the sick; jails; market houses, public parks, playgrounds, airports, docks, sea walls, yacht harbors, wharves, warehouses, promenades; plants for cremating, neutralizing or otherwise destroying sewerage, garbage and refuse; for extension of sewer and drainage pipes and watermains; and for any public or municipal purpose; and to improve, sell, lease, pledge or otherwise dispose of same or any part thereof for the benefit of the city, to the same extent that natural persons might do, in the manner provided in this Charter. Any land purchase in excess of ten percent of the general fund of the current budget year shall require two appraisals. If the purchase price is in excess of the average of two appraisals, approval of the purchase would require a supermajority vote of four members of Council. (2) Docks, wharves, sea walls. To establish, construct, maintain, operate and control public landings, piers, wharves and docks within and without the city, and to acquire lands, riparian rights or other rights and easements necessary for such purposes; to control and regulate the operation of boats and the speed thereof; to lay and collect reasonable duties, charges or fees on vessels or watercraft coming into or using such landings, wharves, and docks; to regulate the manner of using any and all wharves and docks within and without the city and the rates of wharfage or charges to be paid by vessels or other watercraft using the same. (3) Use of public lands and waters. To regulate and control the use and occupancy of the waters, waterways, water bottoms, wharves, causeways, bridges, beaches, streets, thoroughfares, alleys, parks, public lots, and other public places in the city and municipally owned or leased property within or without the city limits; and to impose and enforce adequate penalties for violation of such rules and regulations. (4) Public utilities. To furnish any and all local public services, including electricity, gas, water, • lights, or transportation, and to charge and collect necessary fees or charges therefor; to purchase, hire, construct, own, extend, maintain, operate or lease any public utilities, electric light system, telephone and telegraph system, waterworks and plants, ice plants, and works, gas plants and distribution systems, bus or transit systems, radio broadcasting stations, television stations, cablevision rebroadcasting systems, telephone systems, or other public utility; to establish, impose and enforce rates and charges for supplying such services or conveniences by the city to any person, persons, firm or corporation; to furnish any and all local public services to persons, firms, industries, or municipal corporations residing or located outside of the limits of said city. To acquire in any lawful manner in the State of Florida such water, lands and lands under water as the city council may deem necessary for the purpose of providing an adequate water supply for said city and the piping and conducting of the same, to make reasonable rules and regulations for promoting the purity of its said water supply and protecting the same from pollution and for this purpose to exercise full police powers over all lands comprised within the limits of the water shed tributary to any such supply wherever such lands may be located in the State of Florida. (5) Abatement of nuisances. To compel the abatement and removal of all nuisances within the city or upon the property owned by the city beyond its corporate limits, at the expense of the person or persons causing the same, or of the owner or occupant of the grounds or premises whereon the same may be. (6) DaWesan -sStock. To provide for inspecting and regulating the sanitary condition of all dairies; butcher pens, slaughteF haese6, meat markets, or other places within and without the • city limits, where the products of same are sold within the city limits, and to provide penalties for the violation of such regulations. 3 (7) Airports. To purchase, acquire, take hold, establish, construct, equip, maintain and operate municipal airports, landing fields, hangars, aviation terminals and administration buildings, runways depots, warehouses, garages, repair shops, oil and fuel tanks or stations, or other necessary appurtenances for the use of airplanes and other aircraft, and to acquire or lease any and all real property within the corporate limits, or within ten (10) miles of the boundaries thereof for such purpose; to set apart and use for such purpose any real property owned or leased by the city, whether or not originally acquired by condemnation, purchase or lease for another purpose; to adopt and enforce reasonable rules and regulations governing the use of such municipal airports; to employ airport directors, airport managers, employees or agents in connection with such operation; to impose fees or charges in connection with the use of such airport or airport facilities; to sell gasoline or other supplies necessary in connection with the operation of such airports; to provide lounges, eating places, refreshment parlors and other facilities in connection with such municipal airports; to let or lease to private persons or corporations portions of said airports for building sites, hangar space, concessions or other uses for a term not to exceed thirty (30) years; to prescribe and promulgate reasonable rules and regulations for the operation of such airports, and to exercise supervision and control of such operation; to accept and receive grants from the state and federal governments and any body politic for the construction, maintenance, operation and management of such airport facilities. (8) Contracts with other governmental agencies. To enter into contracts with the State of Florida or any of its subdivisions or agencies, and with the United States of America or any department or any agency thereof, in order to purchase, lease or acquire property, real and personal, within or without the limits of the territorial boundaries of the city, for any municipal purpose, and to sell, alienate, convey, lease or otherwise dispose of same for the benefit and advantage of said city. (9) To convey to United States or State of Florida. To acquire real estate or any interest • therein, located within or without the territorial limits of said city, by purchase, gift, devise, condemnation or otherwise, for the purpose of giving, granting or conveying the same to the United States of America or the State of Florida, or any lawful agency or subdivision thereof, whenever the city council of said city shall deem it advisable, beneficial and to the best interest of said city so to do, or in order to induce the construction of public institutions and public works of any and all kinds. (10) Golf course. To acquire, construct, own and operate a golf course or golf courses and all such buildings and improvements as said city may deem necessary or desirable for use in connection therewith, within or outside of the limits of said city; to use any lands now owned by said city for the purpose of a golf course or golf courses, and to acquire by purchase, lease, condemnation or otherwise for such purposes any lands within or outside the limits of said city as it may deem necessary or desirable, to charge reasonable admissions, rentals or fees for the use or enjoyment of such golf course or golf courses by the users thereof, and prescribe reasonable rules and regulations for the use and operation thereof. (11) Eminent domain. To exercise the right and power of eminent domain, that is, the right to appropriate property within or without the territorial limits of said city for the following uses or purposes: For streets, lanes, alleys and ways, for public parks, squares and grounds, for drainage and for raising or filling in land in order to promote sanitation and healthfulness, for reclaiming and filling when lands are low or wet or overflowed, altogether or at times and entirely or partly, for the abatement of any nuisance, for the use of water pipes and for sewage and drainage purposes, for laying wires and conduits under the ground, for city buildings, • waterworks, pounds, electric power plants, bridges, sea walls, bulkheads, causeways, dock$, 4 golf courses, airports and any and all other powers granted to said city by this Charter and for any other municipal purpose and for any other purpose granted by law, all of which shall be • coextensive with the powers of the City of Sebastian exercising the right of eminent domain and the absolute fee simple title to all property so taken and acquired shall vest in said city unless the city seeks to condemn a particular right or estate in such property. That the procedure for the exercise of eminent domain or the condemnation of any lands or property under this subsection shall be the same as is provided by the general laws of the State of Florida with respect to eminent domain. The city shall not use the power of eminent domain for a project having the purpose of transferring rights in the properties acquired to a private party in pursuit of economic development. (Res. No. R-88-16, § 2, 1-13-88; election of 3-14-89; Ord. No. 0-93-21, §§ 1--3, 1-12-94, election of 3-8-94; Ord. No. 0-99-18, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-05-19, § 1, 10-26-05, election of 3-14-06; Ord. No. 0-06-09, § 1, 10-11-06, election of 3-13-07) State law references: Municipal home rule powers, F.S. ch. 166. Sec. 1.03. Intergovernmental relations. The city may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise with any city, county, state, the United States or any agency or governmental unit thereof. State law references: Intergovernmental programs, F.S. ch. 163. Sec. 1.04. Boundaries. The corporate limits of the city shall be as presently established or as hereafter changed pursuant to state law. State law references: Municipal annexation or construction, F.S. ch. 171. • Sec. 1.05. Existing businesses may continue after annexation. Any real property upon which a lawful business is being conducted at the time the same is taken into the corporate territory of the city, during the continuance of the same business it shall be granted the same privileges, immunities and exemptions as though any such business had been conducted within the city for the time of operation prior to annexation to the city at such location. ARTICLE II. CITY COUNCIL Sec. 2.01. Composition. There shall be a city council consisting of five (5) council members elected by the qualified voters of the city at large. (Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-03, § 1, 1-27-93) Sec. 2.02. Eligibility. No person shall be eligible to hold the office of council member unless he or she is a qualified elector in the city and actually continually resided in the city for a period of one (1) year immediately preceding the final date for qualification as a candidate for said office. (Ord. No. 0-84-1, § 1, 2-1-84; Ord. No. 0-93-03, § 2, 1-27-93) Sec. 2.03. Election. (b) The Gifu eleGfien6 shall have of IaFge vefiRg • (Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-03, § 3, 1-27-93; Ord. No. 0-06-11, § 1, 10-11-06) Ses.'— 04.—TeFMS. • (Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-03, § 4, 1-27-93) 2.03 Elections and Terms. (a) Election of Three (3) Council Members. Three (3) council members shall be elected in 2011 at the time of the general election in November. Council members elected in 2011 shall serve until their successors are sworn in after the -general election in November, 2014. Three (3) council members shall be elected in 2014 and every four years thereafter at the time of the -general election in November. (b) Election of Two (2) Council Members. Two (2) council members shall be elected in 2012 and every four years thereafter at the time of the general election in November. (c) Term limits. Notwithstanding any other provisions of this Charter, effective with the terms of council members scheduled to commence November 2011, no person shall be elected as a council member for more than two (2) consecutive terms. Neither service as a council member prior to the terms scheduled to commence in November 2011, nor service of a partial term subsequent to November 2011 shall be considered in applying the term limitation provision of this section. • Sec. 2.04. Term Commencement. Swearing In. The terms of newly elected council members shall commence when they are sworn in immediately prior to the first regularly scheduled city council meeting held at least seven (7) days following the general election. Sec. 2.05. Compensation. The mayor, vice -mayor and each of the other council members shall be paid the following amounts on a monthly basis: (1) Mayor: Four hundred fifty dollars ($450); (2) Vice -mayor: Three hundred dollars ($300); and (3) Council members: Three hundred dollars ($300). (Res. No. R-82-22, 9-8-82; Res. No. R-87-04, § VI, 2-4-87; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-02, § 1, 1-27-93; Ord. No. 0-99-22, § 1, 11-3-99, election of 3-14-00) Sec. 2.06. Mayor; vice -mayor. (a) Mayor --Selection and term. [A]fter the seating of any newly elected council members at the spes+al city council meeting held pursuant to Section 2.04 the new city council shall, as the first order of business, elect a mayor from among its members. The incumbent mayor or in his or her absence, the vice -mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor. After all nominations have been made, the nominations shall be closed. The city clerk shall then call the roil of the council members and each council member shall cast • an affirmative vote for the council member of their choice. The council member that receives a 6 majority vote shall be elected mayor. In the event no council member receives a majority of the votes cast on the first ballot, balloting with sequential roll calls shall continue until a council • member receives a majority vote. Council members shall not nominate themselves. Only elected council members shall be eligible for the office of mayor. (1) If there is no mayor seated on the new or existing city council, a temporary city council chairperson may be elected from the incumbent members of the city council for the purpose of electing a mayor as set forth above. (2) In the event there is only one nomination and second for mayor, the nominee shall be seated as mayor. (b) Mayor - Duties, general. The mayor shall preside at each meeting of the city council, shall have a vote upon matters before the city council, but shall not possess a veto power. The mayor shall have the power to preserve the peace and order, be recognized as the head of the city government for all ceremonial purposes, and shall be recognized by the governor as the head of the city government for purposes of military law. The mayor shall sign all ordinances, resolutions and proclamations of the city council or other documents as required by law on behalf of the city as directed and authorized by the city council, which shall also be attested by the city clerk. (c) Vice -mayor --Selection and term. Immediately subsequent to the selection of a mayor, the city council shall elect a vice -mayor from among its members. The term of the vice -mayor shall be for one year or until his or her successor is elected. The vice -mayor shall be elected using the same procedure as for the election of mayor. (d) Vice -mayor --Duties, general. In the absence or disability of the mayor, the vice -mayor shall • serve as mayor during such absence or disability. In the absence or disability of both the mayor and vice -mayor, the senior member of city council shall serve as mayor during such absence or disability. (e) Vacancies. In the event the office of mayor shall become vacant during the course of a term, the vice -mayor shall succeed to the office of mayor. In the event the office of vice -mayor shall become vacant during the course of a term, a new vice -mayor shall be chosen as the first order of business at the next council meeting. (Ord. No. 0-91-30, § 1, 1-8-92; Ord. No. 0-93-03, § 5, 1-27-93; Ord. No. 0-99-23, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-06-10, § 1, 10-11-06; Ord. No. 0-06-11, § 2, 10-11-06) Sec. 2.07. General powers and duties. All powers of the city shall be vested in the city council, except as otherwise provided by law or this Charter, and the city council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. (Ord. No. 0-91-29, § 1, 1-8-92) Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of council member or the mayor shall become vacant upon his/her death, resignation, removal from office in any manner authorized by law or forfeiture of his/her office. • (b) Forfeiture of office. A council member or the mayor shall forfeit his/her office if he/she: 7 (1) Lacks at any time during his/her term of office any qualification for the office prescribed by this Charter or by law; (2) Violates any express prohibition of this Charter; • (3) Is convicted of a crime involving moral turpitude; or (4) Fails to attend three (3) consecutive regular meetings of the city council without being excused by the city council. c) Fillina Vacancies. Anv vacancv in the office of council member shall be filled b majority vote of the remaining council members within thirty (30) days. The person chosen to fill the office shall at the time of appointment meet the qualifications for a member of the city council. An appointed city council member shall serve only until the next citywide election. If the vacancy has occurred in the term of a city council member that extends beyond the next citywide election, the remainder of the unexpired term shall be filled by election, and the • candidates shall run specifically for that seat on the council. (Ord. No. 0-88-43, § 2, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 2, 1-8-92; Ord. No. 0-93-02, § 2, 1-27-93; Ord. No. 0-99-24, § 1, 11-3-99, election of 3-14-00) Editor's note: Section 1 of Ord. No. 0-88-43, adopted January 11, 1989, repealed former § 2.08 in its entirety and § 2 of the ordinance renumbered § 2.09 as § 2.08. The repealed provisions pertained to supervision over administrative officers and derived from the original Charter of the city adopted by Ord. No. 0-78-9 on October 9, 1978. Sec. 2.09. Judge of qualifications. ...... ----- , ._............_.--- ._ ._—I—..._ r—• — ---'---- -- —----'---- — r— - - ---— - ---- -a —j -- -------a would,2.08(b), the Gity GGIURGil must vote whetheF said GhaFge if e e affiFmative deteFffliRatiGR by the s (Ord. No. 0-88-43, § 3,11-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-99-25, § 1, 11-3-99, election of 3-14-00) • 8 WMI MW i. IN roft c) Fillina Vacancies. Anv vacancv in the office of council member shall be filled b majority vote of the remaining council members within thirty (30) days. The person chosen to fill the office shall at the time of appointment meet the qualifications for a member of the city council. An appointed city council member shall serve only until the next citywide election. If the vacancy has occurred in the term of a city council member that extends beyond the next citywide election, the remainder of the unexpired term shall be filled by election, and the • candidates shall run specifically for that seat on the council. (Ord. No. 0-88-43, § 2, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 2, 1-8-92; Ord. No. 0-93-02, § 2, 1-27-93; Ord. No. 0-99-24, § 1, 11-3-99, election of 3-14-00) Editor's note: Section 1 of Ord. No. 0-88-43, adopted January 11, 1989, repealed former § 2.08 in its entirety and § 2 of the ordinance renumbered § 2.09 as § 2.08. The repealed provisions pertained to supervision over administrative officers and derived from the original Charter of the city adopted by Ord. No. 0-78-9 on October 9, 1978. Sec. 2.09. Judge of qualifications. ...... ----- , ._............_.--- ._ ._—I—..._ r—• — ---'---- -- —----'---- — r— - - ---— - ---- -a —j -- -------a would,2.08(b), the Gity GGIURGil must vote whetheF said GhaFge if e e affiFmative deteFffliRatiGR by the s (Ord. No. 0-88-43, § 3,11-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-99-25, § 1, 11-3-99, election of 3-14-00) • 8 Editor's note: Section 3 of Ord. No. 0-88-43, adopted January 11, 1989, renumbered § 2.10 as § 2.09. • 2.09 The Florida Division of Elections, the Florida Elections Commission (or successor state agencies) or the courts shall determine issues relating to the election and qualifications of city council members and of the grounds for forfeiture of their office. Sec. 2.10. City council -employee relationship. Neither the city council nor any of its members shall in any manner dictate the appointment or removal of any city employee except the charter officers nor shall the city council or any of its members give orders to any employee, other than city council orders to a charter officer. The city council or its members shall implement all policy matters through the appropriate charter officer. (Ord. No. 0-88-43, § 4, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Editor's note: See the editor's note following § 2.09. Sec. 2.11. Investigations. The city council may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. obey a lavAul GFdeF the exemise of these peweFs by the Gity GGUAGII shall be guilty ei-a misdemeaeer-: (Ord. No. 0-88-43, § 8, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Editor's note: Sections 5--7 of Ord. No. 0-88-43, adopted January 11, 1989, repealed former §§ 2.11--2.13 which pertained to the city manager, city clerk and city treasurer and derived from the Charter adopted October 9, 1978, by Ord. No. 0-78-9. Sections 2.14--2.19 of the Charter were renumbered as §§ 2.11--2.16 by §§ 8--13 of Ord. No. 0-88-43. Sec. 2.12. Procedure. (a) Meetings. The city council shall meet regularly at least once a month at such times and places as the city council may prescribe by resolution. Special meetings of the city council may be held on the call of the mayor or any council member. There shall be at least twenty-four (24) hours advance notice of any special council meeting called and said meetings shall only be held after 5 p.m. If a public emergency exists any council member or charter officer may call a special meeting, and the advance notice requirement as well as the time restriction shall be waived. All city council meetings shall be public meetings, except as otherwise permitted by law. (b) Rules and journal. The city council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record. (c) Voting. Voting may be by voice vote, except that a roll call vote shall be required on appropriation of funds, for the approval of an ordinance or upon any motion upon the call of any council member. The ayes and nays on each roll call vote shall be recorded in the minutes of the meeting. Three (3) members of the city council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent council members in the manner and subject to the penalties prescribed by the rules of the city council then in force. No action of the city council, except as otherwise provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of three (3) or more council members. (Ord. No. 0-88-43, § 9, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 3, 1-8-92; •Ord. No. 0-93-02, § 3, 1-27-93; Ord. No. 0-99-26, § 1, 11-3-99, election of 3-14-00; Ord. No. 0- 06-13, § 1, 10-11-06) 9 Editor's note: See the editor's note following § 2.11. Sec. 2.13. Emergency ordinances. • To meet a public emergency affecting life, health, property or the public peace, the city council may adopt one (1) or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except an emergency appropriation. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least four (4) members shall be required for adoption. After its adoption the ordinance shall be posted as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except an emergency appropriation shall automatically stand repealed as of the ninety-first (91st) day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (Ord. No. 0-88-43, § 10, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Editor's note: See the editor's note following § 2.11. State law references: Uniform minimum requirements for adoption of ordinances, F.S. § 166.041. Sec. 2.14. Codes of technical regulations. The city council may adopt any standard code of technical regulations by reference • thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally, except that: (1) The requirements of state law for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance; and (2) A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the city clerk. (Ord. No. 0-88-43, § 11, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Editor's note: See the editor's note following § 2.11. Sec. 2.15. Authentication and recording; codification; printing. (a) Authentication and recording. The city clerk shall authenticate by such clerk's signature and record in full in a properly indexed book kept for such purpose all ordinances and resolutions adopted by the city council. (b) Codification. The city council shall provide for the preparation of a general codification of all city ordinances and resolutions having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly in bound or looseleaf form, together with this Charter and any amendments thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This • codification shall be known and cited officially as the Code of Ordinances of the City of 10 Sebastian, Florida. Copies of the Code shall be furnished to city officers, placed in libraries and public offices for free public reference, and made available for purchase by the public at a • reasonable price fixed by the city council. The Code of Ordinances of the City of Sebastian, Florida, as amended as of the effective date of this ordinance, is hereby validated, confirmed and shall be admissible in evidence in the courts of the state without proof of any procedural notice or action relating to their adoption. (c) Printing of ordinances and resolutions. The city council shall cause each ordinance and resolution having the force and effect of law and each amendment to this Charter to be printed following its adoption, and the printed ordinances, resolutions and charter amendments shall be distributed or sold to the public at reasonable prices to be fixed by the city council. Following publication of the first Sebastian City Code and at all times thereafter, the ordinances, resolutions and charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for integration therein. (Ord. No. 0-88-43, § 12, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Editor's note: See the editor's note following § 2.11. Sec. 2.16. Standing committees. (a) Standing committees may be appointed by the city council. The membership, powers and duties of such committees shall be provided by the resolution or ordinance of the city council. (b) Periodic reports to the city council shall be made by the standing committees as to the accomplishments and future activities contemplated by each standing committee, as directed by the city council. (Ord. No. 0-88-43, § 13, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 4, 1-8-92; • Ord. No. 0-99-27, § 1, 11-3-99) Editor's note: See the editor's note following § 2.11. ARTICLE III. ADMINISTRATION AND LEGAL DEPARTMENTS* *Editor's note: Section 14 of Ord. No. 0-88-89, adopted January 11, 1989, repealed former Art. III, which contained §§ 3.01--3.05, and enacted a new article III to read as set out herein. The repealed article pertained to similar provisions and derived from the Charter adopted by Ord. No. 0-78-9 on October 19, 1978. DIVISION 1. GENERALLY Sec. 3.01. Creation. The city manager, city clerk and city attorney are designated Charter officers. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-02, § 4, 1-27-93; Ord. No. 0-06-14, § 1, 10-11-06) Sec. 3.02. Appointment [of Charter officers]. The Charter officers shall be appointed by the city council and serve at the pleasure of the city council subject to the provisions of section 3.03 of this article. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) 40 Sec. 3.03. Removal of Charter officers. W Any Charter officer may be removed from office fer--sats , with or without cause • by a majority vote of the entire city council. G9UAGil FnembeFS that said GhaFge would, it PFOyed, Genstitute a vielatieR and that a FeawRable peried of-t+me-Fri order-4o-pFepFefE)F SUGh heariRg. At the GGRGIusier+ of the heari.,�v suspended GhaF4eF Off*GGF shall b9 Femeyed it !he Gily G9UF;Gffil finds, by a vote ei at lea6t thFee-(a4 GGUAGi' Fnembe% that Gause exists tG SUPPOFt SUGh Femoval. IR the eveRt that at least thFee P) he immediately reinstated to his er her ('hurter n#ine (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-02, § 5, 1-27-93; Ord. No. 0-99-28, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-99-29, § 1, 11-3-99, election of 3-14-00) Sec. 3.04. City manager; powers and duties. (a) The city manager shall be the chief administrative officer of the city. (b) The city manager, when necessary, shall appoint, suspend, demote, or dismiss any city • employee under his jurisdiction in accordance with the law and the personnel rules of the city and may authorize any department head to exercise these powers with respect to subordinates in his respective department. (c) The city manager shall direct and supervise the administration of all departments of the city except the offices of the city clerk and city attorney. He shall attend all city council meetings unless excused by city council and shall have the right to take part in discussions, but not vote. (d) The city manager shall see that all laws, Charter provisions, ordinances, resolutions, and other acts of the city council subject to enforcement by the city manager are faithfully executed. (e) The city manager shall also prepare and submit the annual budget, budget message, and capital program to the city council and shall keep the city council fully advised as to the financial condition and future needs of the city, and shall make such recommendations to the city council concerning the affairs of the city as he deems desirable. The city council shall adopt the annual budget, millage rate and capital program, as presented or as modified, by resolution. (f) The city manager shall designate a qualified city employee to exercise the powers and perform the duties of city manager during any temporary absence or disability of the city manager. The city council may revoke such designation at any time and appoint another eligible person, other than a sitting council member, to serve as acting city manager. L' 12 (g) The city manager, as authorized by the city Charter, the Sebastian Code of Ordinances, or by the direction of the city council, shall sign all contracts, bonds, debentures, franchises and official documents on behalf of the city, which shall also be attested by the city clerk. • (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 5, 1-8-92; Ord. No. 0-99-23, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-99-30, § 1, 11-3-99, election of 3-14-00) Sec. 3.05. City clerk. The city clerk shall give notice of city council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned to the clerk by this Charter or by the city council. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) DIVISION 2. POLICE DEPARTMENT Sec. 3.06. Police department. The City of Sebastian shall maintain its own Police Department, and daily operations of said police department will be overseen by a chief of police who will be a certified police officer and who will come under the purview of the city manager. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-06-15, § 1, 12-13-06) Sec. 3.07. Reserved. Editor's note: Ord. No. 0-06-15, § 1, adopted Dec. 13, 2006, repealed § 3.07, which pertained to the duties and authority of the chief of police and derived from Ord. No. 0-88-43, § 14, adopted Jan. 1, 1989. Sec. 3.08. Reserved. Editor's note: Ord. No. 0-06-15, § 1, adopted Dec. 13, 2006, repealed § 3.08, which pertained is to the duties and authority of police officers and derived from Ord. No. 0-88-43, § 14, adopted Jan. 1, 1989 and Ord. No. 0-93-02, § 6, adopted Jan. 27, 1993. • DIVISION 3. LEGAL Sec. 3.09. City attorney. (a) There shall be a city attorney of the city who shall serve as chief legal advisor to the city council and all city departments, offices and agencies, shall represent the city in all legal proceedings and shall perform any other duties prescribed by this Charter or by ordinance. (b) The city council shall have authority to retain additional counsel in specific actions or proceedings in its discretion. (c) The city attorney shall receive such compensation as may be determined by the city council. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-06-16, § 1, 10-11- 06) 13 ARTICLE IV. ELECTIONS* *State law references: Electors and elections, F.S. ch. 97 et seq. • Sec. 4.01. Adoption of state election laws. All general laws of the State of Florida, relating to elections and the registration of persons qualified to vote therein which are not inconsistent or in conflict with the provisions hereof or the ordinances of the City of Sebastian, shall be applicable to all city elections. Sec. 4.02. Filing of candidate's oath; fee. (a) Each candidate, in order to qualify for election to the office of council member, shall take and subscribe to an oath or affirmation in writing. A printed copy of the oath or affirmation shall be furnished to the candidate by the city clerk and shall comply with the provisions of Florida law. (b) The oath set forth in subsection (a) shall be filed with the city clerk at least sixty (60) days, but no more than seventy-five (75) days, prior to the day of the election, along with payment of a nonrefundable filing fee in an amount to be set forth by Code. (Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-04, § 1, 1-27-93; Ord. No. 0-99-31, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-06-17, § 1, 10-11-06) Sec. 4.03. Reserved. Editor's note: Section 4.03, pertaining to special municipal elections to elect elective officers was repealed in its entirety by Ord. No. 0-93-04, § 2, adopted January 27, 1993. Sec. 4.04. Special election for other purposes. • A special election for a purpose other than the nomination or election of city officials, may be authorized by resolution at any time by the city council; provided, not less than thirty (30) days nor more than sixty (60) days intervene between the date of the adoption of the resolution and the date of the election, unless a different time be otherwise provided in this Charter by ordinance or by statutory law or constitutional provisions, under authority of which the election is called. Any matter or matters which by the terms of this Charter, which may be submitted to the electors of the city at any special election, may be submitted and voted upon at the regular municipal election. Sec. 4.05. Reserved. Editor's note: Ord. No. 0-06-17, § 2, adopted Oct. 11, 2006, repealed § 4.05, which pertained to calling an election by resolution and derived from the original codification. Sec. 4.06. Reserved. Editor's note: Section 4.06, pertaining to election precincts and polling places and the right for the city to designate same, derived from Ord. No. 0-91-29, § 1, adopted January 8, 1992. Ord. No. 0-93-04, § 3, adopted January 27, 1993, repealed this section in its entirety. Sec. 4.07. Reserved. Elen+ion --how arranged; Gnspen#erc and nlerLc•� pFevided heFeiR [t]he Gity GOURGOI shall adopt a Fese'WOGR calling any GUGh eleGtieR, 6tatk4g 14 to be deGided, and shall Gause the Retire of the eleGtIGA tG be published !R aGGGFdaRGe W44 P!eFida-law. (Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-04, § 4, 1-27-93; Ord. No. 0-06-17, § 3, 10-11- 06) Sec. 4.08. Same --City canvassing board; canvass of election returns. (a) If the city is not holding its election as a part of the election for Indian River County, Florida, the city clerk shall appoint a city canvassing board to be composed of three (3) individuals; one (1) member shall be the city clerk, one (1) member shall be the city attorney, and the remaining member shall be appointed by the city clerk. The city clerk shall act as chairperson of the city canvassing board. (b) When a city canvassing board has been constituted, the city canvassing board shall meet at a place and time designated by the chairperson, as soon as practicable after the close of the polls of any municipal election involving the city, at which time, the city canvassing board shall proceed to publicly canvass the absentee electors' ballots and then publicly canvass the vote as shown by the returns then on file in the office of the supervisor of elections for Indian River County, Florida. The city canvassing board shall prepare and sign a certificate containing the total number of votes cast for each person or other measure voted on. The certificate shall be placed on file with the city clerk. • (Ord. No. 0-93-04, § 5, 1-27-93; Ord. No. 0-99-32, § 1, 11-3-99, election of 3-14-00) Sec. 4.09. Same --Ballots. The ballots shall conform to the form of ballots prescribed by the general election laws of the State of Florida. (Ord. No. 0-93-04, § 6, 1-27-93) Sec. 4.10. Reserved. Editor's note: Ord. No. 0-06-17, § 4, adopted Oct. 11, 2006, repealed § 4.10, which pertained to voting machines and derived from the original codification. Sec. 4.11. Reserved. Editor's note: Ord. No. 0-06-17, § 5, adopted Oct. 11, 2006, repealed § 4.11, which pertained to absentee voting and derived from the original codification. Sec. 4.12. Election procedures; tie vote. (a) In all general or special elections, the candidates receiving the highest vote in each of the offices of council member to be filled, shall be elected for two-year terms, or the balance of the term. (b) In the event that at any election there are two (2) or more candidates for the same office and they should receive the same number of votes, the question shall be decided by a-spesiaf FUR off e'eGt!GR betweeR the tied Gandidates to be held no lateF thaA thiFty (30) days afteF the ilot in accordance with Florida law. 15 (Ord. No. 0-84-3, § 1, 2-1-84; Ord. No. 0-88-44, § 1, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-04, § 7, 1-27-93; Ord. No. 0-98-19, § 1, 11-18-98; Ord. No. 0-99-33, § 1, 11-3- 99, election of 3-14-00) Editor's note: Ord. No. 0-98-19, adopted Nov. 18, 1998, amended § 4.12(b) to read as herein • set out. Such amendment was approved by the voters at an election held Mar. 9, 1999. Sec. 4.13. Reserved. . No candidate shall violate the PFOYOSIORS of FIOFidla Statutes GhapteF 104, (the FleFid-a 1149 MajWity ef the votes Gast, Gb6eFvGF;g the !GFegeiRg GGnditiORs, shall be eptitled4G th�.p nffiro; NP 6101 ..WMEMMMM Mr. WERWOR .. ._ Sec. 4.14. Interim government. Should a condition arise where there should be no city council serving, either through death, resignation or otherwise, in the interim until a special election can be called to fill such vacancies, the city clerk shall have the power to fill the vacancies until successors are elected, and such city council so appointed shall call a special election as provided by this Charter. In the event of the inability or refusal of the city clerk to serve in such capacity or to fill such vacancies, within five (5) days after such condition arises, the city manager shall do so. In the event of the inability or refusal of the city manager to act within twenty-four (24) hours, the city attorney shall do so. (Ord. No. 0-99-35, § 1, 11-3-99, election of 3-14-00) State law references: Emergency continuity of government, F.S. ch. 22. ARTICLE V. GENERAL PROVISIONS Sec. 5.01. Severability of provisions. If for any reason any section, paragraph or part of this Charter shall be held invalid or unconstitutional, that fact shall not affect, invalidate or destroy any other section, paragraph or part of this Charter, and the remaining portions thereof shall remain in full force and effect without regard to the section, paragraph or portion invalidated. (Ord. No. 0-93-02, § 7, 1-27-93) Sec. 5.02. Effective date. • This Charter shall take effect January 1, 1979. 16 Sec. 5.03. Charter review committee. • Not later than April 15 of the year 1999 and of every 5th year thereafter, the city council shall appoint a charter review committee to review the Charter of the city. Each charter review committee shall consist of fifteen (15) residents of the city. The committee shall otherwise be appointed in the manner provided by the Code of Ordinances. The committee shall be funded by the city council and shall be known as the "City of Sebastian Charter Review Committee." It shall, within six (6) months from the date of its formation, present to the city council its final recommendation for amendment of the Charter or its recommendation that no amendment is appropriate. If amendment is to be recommended, the charter review committee shall conduct two (2) public hearings, at intervals of not less than fourteen (14) days, prior to the transmittal of its recommendations to the city council. The city council may by ordinance submit any or all of the recommended amendments to the electors for vote at the next general election held within the city or at a special election called for said purpose. (Ord. No. 0-98-13, § 1, 10-14-98; Ord. No. 0-06-18, § 1, 10-11-06) Editor's note: Ord. No. 0-98-13, § 1, amended the Charter by adding § 5.03 to read as herein set forth. Such amendment was approved by the voters at an election held Mar. 9, 1999. ARTICLE VI. TRANSITION Sec. 6.01. Title to property reserved. The title, rights and ownership of all real and personal property, taxes due and unpaid, uncollected permits, dues, fees, judgments, choses in action, penalties, decrees and all property rights held or owned by the City of Sebastian, shall succeed to and be vested in the City of Sebastian, a municipal corporation created, existing and organized under the provisions of this Charter. • Secs. 6.02, 6.03. Reserved. Editor's note: Ord. No. 0-99-36, § 1, adopted Nov. 3, 1999, and approved by the voters at an election held Mar. 14, 2000, repealed §§ 6.02, 6.03, which pertained to unimpaired obligations of the city and holdover of city officers and employees pursuant to the adoption of the 1979 Charter. Sec. 6.04. Ordinances preserved. All ordinances in effect upon the adoption of this Charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. Sec. 6.05. Continuation of former Charter provisions. All provisions of the former city Charter which are not embraced herein and which are not inconsistent with this Charter shall become ordinances of the city subject to modification or repeal in the same manner as other ordinances of the city. 17 rI 0