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HomeMy WebLinkAbout03-02-2016 Minutes - Specialan 1� SEBASTL HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING MINUTES WEDNESDAY, MARCH 2, 2016 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Called by Council Member Cov for the Followinu Purpose: Comments Made on Bob Soos Local News Magazine (INTTB AM Radio) on Thursday, February 25"' and on Thursday, February 11'" by Council Member Gillmor 1. Mayor McPartlan called the Special City Council Meeting to order at 6:00 p.m. 2. Council Member Coy led the Pledge of Allegiance. 3. ROLL CALL Citv Council Members Present: Mayor Bob McPartlan Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Richard Gillmor (left 7:05 p.m.) Council Member Jim Hill Citv Staff Present: City Manager Joe Griffin City Clerk Sally Maio Special Magistrate Kelley Armitage For City Attorney Robert Ginsburg Deputy Police Chief Greg Witt Deputy City Clerk Jeanette Williams Electronic Records Manager Barbara Brooke -Reese Mayor McPartlan commented on his service on a past Charter Review Committee where he learned about the city and the charter, which provides for a city manager form of government with five elected officials with duties outlined, described the charter being the City's constitution, and the charter review process whereby a committee is formed every five years to review and recommend revisions which are brought to City Council and if they agree, are placed on a ballot. He said the mayor is a ceremonial position, it doesn't hire or fire, runs the meetings, signs proclamations and ordinances. He said he works for the State and when he decided to run for Council he attended State ethics classes to be sure there was no conflict, and when elected mayor, Department of Children and Families (DCF) was concerned but about dual roles, but DCF attorneys understood that as mayor he would do the same as he had done as council member and is a ceremonial position such as the captain of a football team. He said the charter outlines the charter officers, City Manager, City Clerk and City Attorney, who oversee their own staff, that Council members cannot give direction to those staff members, read the oath of office that he swore to as an elected council member (see attached), and said the duties of council member are clearly outlined in the charter. He said there are copies of the charter in the back of the room for audience members. Special City Council Meeting March 2, 2016 Page Two 4. SPECIAL MEETING ITEM: A. Comments Made on Bob Soos Local News Magazine (WTTB AM Radio) on Thursday. February 25'" and on Thursday. February 11" by Council Member Gillmor Mayor McPartlan read the purpose of the special meeting. Ms. Coy reiterated that this was the sole purpose of the meeting and not to discuss the Art Club lease or kick anybody out, but to discuss comments made on the radio. She said it was never her intent to kick the Art Club, quilters, and embroiderers out of anywhere and actually the opposite, and was sorry that people are still fueling that fire. She said she called a meeting with Art Club leadership as a private conversation to help them fill out paperwork but unfortunately it spun out of control when another council member demanded to be part of the conversation. Someone from the audience called out for Ms. Coy to stop discussing the Art Club paperwork. Mayor McPartlan asked the audience not to call out. Mr. Gillmor called for a point of order saying the person was in order. Mayor McPartlan asked if she was in order to call out from the public, and Mr. Gillmor responded she was in order to refer to what we are going to be talking about. Mayor McPartlan said that was his view for the point of order. Mr. Gillmor said he raised a point of order to get down to it, and asked are we going to play the tape and Ms. Coy answered yes. Mr. Gillmor then requested before we play the tape, we put on the first ten minutes of the last council meeting. Ms. Coy said this is her special call meeting, he is not in control here, it is the Mayor's control and we are going to stick to the agenda. Mr. Gillmor said he had no problem discussing it but in the context of his remarks you have to see the first ten minutes of the meeting. He said if that is not going to be done we will have a real problem. Ms. Coy said she did not think so because she was going to follow the agenda. Mr. Gillmor started to speak and Mayor McPartlan said let's just go to the audiotape. Mr. Gillmor said no, first he wanted everybody here to see the first ten minutes of the meeting in the context of those remarks made the next day, noting many people did not see the meeting. He said he is a Council member and can request that, then we can have the audio tape and then he would be happy to have a discussion. Ms. Coy said in her eleven year's experience, that if a council member or public wants something played, it must be coordinated with IT or Barbara ahead of time. Mr. Gillmor said it has been. Mayor McPartlan then said he had no problem playing the first ten minutes of the last meeting. 6:13 pm The Electronic Records Manager played back the first ten minutes of the February 24, 2016 Council meeting. At the end of ten minutes, Mayor McPartlan said that was ten minutes and was Mr. Gillmor satisfied. Mr. Gillmor asked to see two more minutes. The Electronic Records Manager continued the playback of the February 24, 2016 Council meeting. Mayor McPartlan asked Ms. Brooke -Reese to queue up the radio tape and Ms. Coy asked to begin with the February 25, 2016 Bob Sous radio show. 6:29 pm The Electronic Records Manager played back the February 25, 2016 Bob Soos radio show interview with Mr. Gillmor and it ended at 6:41 pm. Special City Council Meeting March 2, 2016 Page Three B. Discussion 6:41 pm Ms. Coy asked the Acting City Attorney in regard to the reorganization meeting, was there anything inappropriate done at that meeting, did we follow the rules or did we do anything we were not allowed to do as Council. He responded no. She said we asked his advice as to whether they needed to accept the resignation and he told them no, so they did not accept the resignation, and then had a vote. She asked him again, nothing at that meeting was out of order or inappropriate action on behalf of council, and the Acting City Attorney answered no, but it falls into a gray area because the Charter does not contemplate something like this happening. Ms. Coy said they asked and followed his advice, which was what he said, what Council doeth, council can undo it, and we undid it, and did not accept the Mayor's resignation. She thanked Mr. Gillmor for coming, said four council members on the dais have served as mayor, many for more than one term, at no time did it take her 20-30 hours a week to be the mayor, it is part-time, and by charter has limited responsibilities and according to comments made, there are a whole lot more responsibilities as mayor. She asked Mr. Gillmor to explain what those additional responsibilities were. Mr. Gillmor said when you are mayor must have to be up on every item on the agenda because you are controlling the agenda; sometimes some individual items took him 20 hours to research, such as Hiram's parking, and if you are not spending at least 20 hours per week, you are not doing your job when you are going through a 200-300 page agenda properly and getting with staff, but if you treat it like part-time job it doesn't take that much time and he treated it like a full time job. Ms. Coy said within those lines, since the Charter gives the mayor limited responsibilities, every member has the obligation to research the agenda, so every member should be doing 20 or 30 hours also. Mr. Gillmor answered, if you are going to do a proper job on an agenda, not all the time but sometimes. Ms. Coy agreed there are some items that take longer than others, but was concerned that he said to do your job as mayor properly you had to do 20- 30 hours a week. He said he always has. Ms. Coy asked for example, if he means that if Mayor McPartlan is not spending 20-30 hours per week, he is not doing his job properly. Mr. Gillmor said she is putting words in his mouth and she said that was his comment and it is on the tape. He said he would go along with that, sometimes it takes a lot longer to research than others. Ms. Coy advised how to find the tape on wttbam.com, archived items. Mayor McPartlan said he did not understand 20-30 hours spent in City Hall; that he reads the agendas at home and by contact with the City Manager two to three times a day, and does not need to come to City Hall to do those things. Mr. Gillmor said he wasn't inferring that he had to, said he knows Jay (Mayor Kramer) spends a lot of time in City Hall and so did he. Mr. Hill said his only concern was Mr. Gillmor's statement that there is a whole lot more responsibility to being a mayor than a regular council member, and that statement was made, and there is certainly not, and clearly is spelled out in the charter. Ms. Coy said the statement was "there is a whole lot more responsibility that goes with being mayor." Mr. Gillmor said he stood by what he said because there is a whole lot more responsibility that comes with being mayor. He said they don't get invitations such as ribbon cuttings and to go here and to go there. Special City Council Meeting March 2, 2016 Page Four Mayor McPartlan said he was concerned with Mr. Gillmor's statement that if the mayor can't direct staff, then why have the position of mayor, because that goes completely against the charter. Mr. Gillmor said he never said if you can't direct staff. Mayor McPartlan also said he was harping on, if you don't follow the Charter, it doesn't say what it means; concerned that he said there was collusion and possible Sunshine Law violations, noting people have contacted him about what is going on; his statements made regarding hiring the environmental specialist at his direction; and his getting upset when the samples that he voluntarily collected were not done, and said that is not the role of the mayor or a council member to direct staff in any way, shape or form and it is clear in the charter. Mr. Gillmor said he may have misspoke there because he spent a lot of time in the City Manager's office and lobbied him, a charter officer who we can talk to, to get us an environmental specialist, it came to council and we voted on it. He said had he not pushed the envelope and asked him to do that, he probably wouldn't have brought it to council. He said he did not interview or hire the environmental specialist, we did it as a council. He said maybe he misspoke but it was at his direction and his insistence and his prodding and asking don't you think it's time for an environmental specialist. Ms. Coy pointed out that he just said again, at my direction, and that is why this meeting is called, was pleased after the last meeting that we were done with this, and then after hearing the Bob Soos radio show, she didn't think Mr. Gillmor understood what was being said at the February 24th meeting, with comments like mayor of the month. Mr. Gillmor said it just takes three people to decide and we have a new mayor. Mayor McPartlan said you have to have a reorganization meeting for that to occur. He then asked Mr. Gillmor what he said to the person who did not take the water samples, or what was said in city hall because he had heard several things. Mr. Gillmor said he was very upset and told the employee that she was hired to do these tests, and Frank (Watanabe) told him that she knew how to run the tests, and he was upset that they were not done, that he had gone out at risk to his own body, and the water samples sat for 48 hours, and agreed he was out of line and should have gone to the City Manager. He said he could see where this whole thing is going, and wanted to say one thing. Mr. Adams asked the Mayor if he could make one comment and Mr. Gillmor and Mayor McPartlan said yes. Mr. Adams said he was displeased that we are here doing something like this, because in his opinion, Mr. Gillmor is probably just overzealous in what he is doing, he really cares about the City, and may have overstepped his bounds. He said he didn't understand why they couldn't have had a discussion like they are doing now --this is what you're doing and what is not allowed --and go on. Mr. Adams said he could not understand why they were spending a whole meeting discussing issues of what was said on a radio show when they should be discussing what they can do to help our citizens. He said he wasn't in favor of it, didn't appreciate being a part of the meeting, but would stay to serve the citizens. Mayor McPartlan said he wished they didn't have the reorganization, but rather we all understood the charter and our roles, but unfortunately when a council member or mayor goes outside and starts directing staff, it undermines the City Manager. He said he has heard things that he didn't want to air, understands there is staff that thinks the mayor can fire them and that is in no way the truth. Mr. Gillmor said we can only fire the City Manager. El Special City Council Meeting March 2, 2016 Page Five Mayor McPartlan said if three of us call a meeting and agree it is time to change the City Manager we can do so, and the City Clerk and City Attorney. He said he thinks Mr. Griffin does a fantastic job and has his utmost regard and support, he rectifies every problem that comes before him, and is extremely receptive to residents. He said if he himself is contacted by a resident, he emails back and tells them, thanks for your input, but refers them all to Joe Griffin who takes care of business, but if someone on council takes a stand and says we'll get right on that and fix the problem, and then it can't be done, it is just undermining staff, because people in the City think that the mayor does all of these things and is the be all and the end all, and that's not the case. He said each of us has the same power, nobody directs staff, that is the job of Mr. Griffin and if a council member, mayor or vice mayor oversteps those boundaries, it undermines the authority of the City Manager and leads to morale problems within staff, which is why we are here. Mayor McPartlan said Mr. Gillmor made those statements on the radio, we'll play the tape back, it is very clear, people out there don't understand the form of government we have, but the charter is extremely clear and we all took an oath, and we all had initial meetings with Mr. Ginsburg laying out the rules. Ms. Coy said to the Vice Mayor they would not be here if Mr. Gillmor's comments were not made the day after the meeting on the radio, commented on his sunshine law violation remark, citing personal experience this is not a charge anyone should throw around lightly, and can cost a city thousands in legal fees even if found to be unsubstantiated. She said we have people in the public who like to do that, and expects it from one joker out there, but does not expect to hear it from another council member nor does she recall ever hearing another council member even imply it. Mr. Gillmor said any one with rudimentary intelligence that looked at the tape knows there was an agenda there, stating sunshine law is hard to prove, citing personal grand jury experience which looked at a sunshine violation involving two commissioners overheard talking outside a meeting and later brought up at a meeting; he did not say that trying to gin up anything against the City and would not want the City to go through that. He said if all the Council was interested in was reorganization, they had that when he gave his resignation and turned the gavel over to Vice Mayor Adams, but that wasn't enough, they had to further humiliate him. Mr. Gillmor then read bible passages, said he was still standing but was not going to put up with any more of their foolishness, and left the special meeting at 7:05 p.m. Mayor McPartlan said it was unfortunate that anyone thinks Council was out to humiliate them and recite scripture, said Mr. Gillmor started the radio show with the quote, "When the horse dies, it's best to dismount" and he had his own quote, "if you don't have anything nice to say, you shouldn't say anything at all", but Mr. Gillmor continued on and talked about the integrity of the sitting Council with scandalous remarks. He said it is amazing how many people watch meetings, listen to Bob Soos and when someone makes those comments, it hurts him just as bad, because he sits on a lot of boards and is humiliated when he walks into meetings. He said Mr. Gillmor's resignation was an exhibit of control, wants to control everything and thought that was the problem, and this meeting was being held to outline our roles here. He said he was disappointed with things going on with the Art Club and the way Ms. Coy has been vilified, thought a council member could have put out those fires and spoken to his members to say no one is trying to put you out, we need to put our paperwork in order, but instead things got fueled. He said to continue to say they are a non-profit and they have paperwork in order and then never produce it, and say that a council member has it out for someone and is on a witch hunt, is not right, and he finds it to be very troubling. Special City Council Meeting March 2, 2016 Page Six Mr. Hill said it was really tragic they are doing this, that it's not that big a deal to be the mayor of Sebastian, the role of the mayor is to do exactly what council does and run meetings, and said the mayor standing in the halls of city hall has identical authority to other members. He said the charter violations have been ongoing, admitted to and are unfortunate, so it is upon Council to police themselves to rein in charter violations they see, and the idea of a reorganization helps to do that, but the Mayor at the time in order to avoid that, simply resigned rather than having the discussion, which is a control thing. Mr. Hill said he came to the meeting prepared for anything, as he always does, so his suggestions of sunshine violations are sad. He said one of the most troubling things was that when you go on the Bob Soos show as mayor, you are in the official capacity of representing this body and things said did a complete disservice to this community and Mr. Gillmor was doing everything he could to try to shame it. He said if he were in that role and lost on an issue he would still go on the show and speak in a favorable way about what Sebastian is doing. He said there is no gray area in the ongoing charter violations that were going on and felt comfortable that council could move forward if everyone would just grow up a bit, swallow a little pride and do what they swore they would do, which is to uphold the charter. Ms. Coy added that regardless of how each of them feels about a Council decision, decisions of the council body are just that, and if they go public on the radio or in the press, and speak against the decision, that does not represent this Council and is not a joke, and there were serious allegations. She said charter violations are subject for removal not just from mayor but from office, and no one is suggesting that, and while that is not being suggested, the violations were admitted to. She said none of us wants to be here, but they can't allow someone to violate the charter, continue to defame Council, staff and give directions inappropriately to staff and it wasn't just one staff. Mayor McPartlan cited Code Section 2.08 (2) Vacancy; Forfeiture of Office and Section 2.10 City Council Employee Relationship (see both attached). Ms. Coy said that means she, as an individual council member, cannot give direction to the City Manager, it takes three of them, and it comes from up here, nor can she go to any other staff member and give orders. Mayor McPartlan cited a circumstance calling the Clerk's office and asked the Deputy Clerk to ask the Clerk to make needed copies. 7:18 pm The Electronic Records Manager played back a few minutes of the February 11, 2016 Bob Soos radio show. Ms. Coy said as a council member/mayor/vice mayor, they have to provide the media and the public with the truth and asked other members was it true that the Art Club had proved they were a 501c7 by IRS standards by the time they left the February 24th meeting. Mayor McPartlan replied no. Ms. Coy said she resented the information put out on the radio show, it was not true and the implication that she was out to get a pound of flesh is not true. The City Manager confirmed that no 501c documentation has been received from the Art Club, excepted the information provided for the February 11th meeting. Ms. Coy noted that she has personally requested the Art Club's 501 c status from the IRS and received a letter that they have no record. She asked Susan Mann, Treasurer of the Senior Center, to illustrate IRS response time, and Ms. Mann stated on February 15th she made a request to receive the Senior Center 501c3, EIN and 1023 documents from the IRS by fax and she received them yesterday (March 15t) at no cost. 0 Special City Council Meeting March 2, 2016 Page Seven Ms. Coy said if the Art Club's documents existed, they should be here by now. She said Mr. Gillmor wants Bob Soos and you all to believe that the Art Club is a 5010 and distinguishes it by saying "we" and it is not true. Mayor McPartlan opened up for public comment and imposed a three minute time limit, asked if Council was okay with that. No response. Public Comment Damien Gilliams said the first amendment and freedom of speech gives Mr. Gillmor the right to go on a radio show and speak his opinion, he should have been given due process and not sandbagged, then they sandbagged the Vice Mayor. He noted roads and drainage are in terrible repair and this is what they do, spend hundreds of dollars to have an attorney here for this tonight, an embarrassment to our community. He said we need to change the charter back and let the people put the mayor in, stating you guys switched it on us, no one really knew and now you've got the good old guys deciding who the mayor is, that if the people picked the mayor he would be there at least two years, said if you ask 100 attorneys a question you'd get 100 different answers, this attorney was trying to do the right thing and he would have challenged him. He said they did not give Mr. Gillmor due process and tell him what he was doing wrong, he has been a mayor for a long time and has done a good job until we had a problem with a golf course contract not getting done on time and he had to go around city hall to find out what was going on, said the state attorney should do an investigation and said, in his opinion, he thought Ms. Coy, Mr. Hill and Mayor McPartlan were involved. Mayor McPartlan told him his time was up. Mayor McPartlan invited the public to participate in the Charter review process that is currently underway, stating we need more engagement by citizens. Ms. Coy said Council does not change the charter, that the Charter Review Committee puts the recommendations in, and the people vote on charter changes. Tina Cafro, Sebastian, said for the last two weeks she did not want to admit she lives in Sebastian, said the Council is supposed to work for the people, who did not know what was going on and they should have been made aware; and as far as Ms. Coy stating she wants everybody to stay where they are, and all of the groups to be a 501c3, which the embroidery club does not qualify for, said Council represents the people and asked them to start doing their job. Ms. Coy responded that she never said 501c3, but said that the groups should be a 501c, which could be 501c7, 501c4 or whatever, and no one is getting kicked out, that she has spoken to the City Manager as to how we will deal with the smaller groups and they would be handled separately. Ms. Cafro said that is how they feel, because Ms. Coy has requested it be on the next agenda. Ms. Coy clarified only for an Art Club update. Mr. Hill called for a point of order, said this is public input, and we could argue with every person that comes up here about those points, we will have a meeting and she is welcome to come up and give her input. Ms. Coy said Ms. Cafro is one of the people spreading the news that they are getting kicked out. Mayor McPartlan said we are not putting out any eviction notice. 7 Special City Council Meeting March 2, 2016 Page Eight Louise Kautenburg, 22 year Sebastian resident, said she has been a member of four Charter Review Committees, that the city manager form of government is very effective and was the form chosen for Sebastian before she got here, so it wasn't "you guys" who switched it regardless of what Mr. Gilliams said, explained the committee meets long and hard and questions the meaning of every word at every venture every five years, to come up with recommendations for City Council to keep the charter viable and functional. She said the charter is the document that guides the actions of our City and to have anybody who isn't an elected official say it isn't an important document is disrespectful for the hundreds of hours citizens have spent, like throwing paint on the Constitution. Ben Hocker, Sebastian, stated so far for this special meeting, he has seen the same activity that has happened in the past two weeks, has seen no resolution, hears bickering, a council member leaving, and asked what was accomplished and what was the intent of this meeting. Sal Neglia said as a former council member, he also spent 15-20 hours a week to prepare for council meetings, sometimes in City Hall reviewing tapes and talking, said if Mr. Gillmor did spend the hours preparing he was only trying to help the City, asked why Vice Mayor Adams wasn't chosen as the mayor and why they didn't want him, stating they had a three man kingdom, and Mr. Adams deserved the opportunity. He said what they did possibly, was they figured to get rid of Mr. Gillmor because he overstepped his bounds and went to personnel to ask them to do things for him, but Mr. Adams got kicked in the butt and deserved to be mayor and maybe they should change it again. Dan Dragonetti, 1355 Barber Street, said Mr. Gillmor is a well -motivated person, did not have mal -intent in any way, in the military he would be called a hard charger, there is something to be said for giving a 20-30 hour work week; that he respects Mr. Gillmor's work ethic and all of this is most unfortunate for all of you. Mayor McPartlan said he was in the military and it is important that there are not only boundaries, but also a chain of command, and if you go outside the chain of command it undermines all the authority, and as to the comments made on the radio, then why have a charter, stating it is a very important document, there are rules and you need to follow the rules. Mr. Hill said again it is not a big deal to not be the mayor, as long as we understand the rules and what the mayor is, which is simply the person the council decides should run the meetings, and if the council is not happy with who is running their meetings, they have every right to change the person, and that is all we are doing. He said we have admitted charter violations, his goal is to see us move forward as a council that can work together, and Mayor McPartlan is the right person to guide them through what apparently is going to be difficult times, and get back to functioning like we are supposed to from the day we took the oath to uphold the charter. Ms. Coy assured the non-profit clubs and groups that use the old city hall offices they aren't going anywhere, and those that use them part-time they are different because they don't have exclusive use like others, so the first groups they are going after are those that have exclusive use of property and get discounted rates because of IRS determination and not all of them are 501c3. 0 Special City Council Meeting March 2, 2016 Page Nine In response to Mr. Hocker, Ms. Coy said, as to what we gained by this meeting, council members can only talk to each other at these meetings; at the last meeting things like the resignation happened and perhaps they should have been more discussion but were all just glad it was over and perhaps didn't want to air dirty laundry, and the purpose of this meeting was to discuss the issues, invite the public, answer the questions, ask the questions of each other and get answers because we can't talk to each other. She said they came to a consensus today that the mayor has a certain role by order of the charter and we here understand and agree to it. She said council talked to someone who admittedly violated the charter, it has to stop, is a reminder to each of us, and there are other more important things to do but we can't let something fester, and hoped this was done. She said if any clubs or individuals want to talk about the issue she would be happy to meet with them and share what she knows, because she is tired of being blamed for somebody else's failures and inappropriate behavior. Vice Mayor Adams said he had nothing more to say; except what a former speaker said, due process and freedom of speech, said he is done and let's move on. Mayor McPartlan said he hoped the meeting was able to clear the air, said you can't take things personally up here, they have a lot of important things to do, the roads, budget, charter review, and said he is always accessible, however, if someone has a problem with their swale they will be referred to the City Manager because he drives the boat and if you have a problem because he is not being responsive, then contact him again. He invited the public to attend and give input at their future meetings on second and fourth Wednesdays at 6:00 P.M. 5. Being no further business, Mayor McPartlan adjourned the Special City Council meeting at 7:49 p.m. Approved at the March 23, 2016 Regular City Council Meeting /PBob )7 / MayPartlan ATTEST: Sally aeo; 6 l i Clerk J \.n Cn Lf SET�A1V HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MEMBER OATH OF OFFICE I, Bob McPartlan, do solemnly swear that I will support, protect, and defend the Constitution and Government of the United States, and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State; and that I will faithfully perform the duties of the office of Council Member for the City of Sebastian of which I am now about to enter, so help e Go Bob McPartlan Sebastian City Council Member Swod subs�d before me this 18th day of November, 2015. Sally A. M MMC City Clerk�'••' SALLY A.MAIO '• Commission # FF 153543 (SEAL) %`• a Expires October 5, 2018 '•?„P�nR� miaea im, imy iein�w..Kaeao-les>o�e 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: (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) Filling vacancies. Any vacancy in the office of council member shall be filled in accordance with the provisions of this subsection: (1) If there is a scheduled citywide election within six months of the occurrence of the vacancy, the remaining members of the city council may either (A) permit the vacancy to be filled at that election, or (B) appoint a replacement. (2) If there is no scheduled citywide election within six months of the occurrence of the vacancy, the remaining members of the city council shall appoint a replacement within 45 days. In the event the city council fills a vacancy by appointment, 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 at that election, and the candidate shall run specifically for that seat on the city council. (d) Filling vacancies in candidacy. In the event that following the close of the official qualifying period set out in Charter Section 4.02(b), the number of legally qualified candidates is fewer than the number of seats open for election, the new city council shall fill the vacancy in office in the same manner described above in paragraph (c) of this section. 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.