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HomeMy WebLinkAbout02-25-2021 CR AgendaINDIVIDUALS ARE SUBJECT TO MEDICAL SCREENING PRIOR TO ENTERING ANY CITY BUILDING AND ENTRY MAY BE DENIED IF ANY INDICATOR OF ILLNESS OR PRIOR COVID-19 EXPOSURE IS IDENTIFIED. rnv"'�r SEBAS-T," HOME OF PELICAN ISLAND CHARTER REVIEW COMMITTEE AGENDA THURSDAY, FEBRUARY 25, 2021 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES I. February 9, 2021 Minutes 5. NEW BUSINESS i. Review and Discuss Article V (Public input will be invited after the introduction of each Article) Sec. 5.01. Severability of provisions. Sec. 5.02. Effective date. Sec. 5.03. Charter review committee. ii. Review and Discuss Article VI (Public input will be invited after the introduction of each Article) Sec. 6.01. Title to property reserved. Sec.6.02. Reserved. Sec.6.03. Reserved. Sec. 6.04. Ordinances preserved. Sec. 6,05. Continuation of former Charter provisions. 6. STAFF MATTERS 7. COMMITTEE MEMBER MATTERS 8. ITEMS FOR NEXT AGENDA i. Next Meeting Date - Revisit Recommendations of Articles I — VI 9. ADJOURN 1 of 11 NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE COMMITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, THEY WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S SEATING ADA COORDINATOR AT 388-8226 - ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. 2of11 D, R, j k F T CITY OF SEBASTIAN CHARTER REVIEW COMMITTEE MINUTES TUESDAY, FEBRUARY 9, 2021 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Call to Order— Chair Mitchell called the Charter Review Committee meeting to order at 6:00 P.M. 2. The Pledge of Allegiance was recited by all. 3. ROLL CALL Present: Beth Mitchell — Chair Louise Kautenburg — Vice Chair Bruce Hoffman Grace Reed Sherrie Matthews Larry Napier Karen Jordan Sharon Herman Dave Newhart Amber Cerda John Christino Vicki Drumheller Linda Kinchen Michael Goodfellow (Zoom) Absent: Patti Sullivan (excused) Also Present: Paul Carlisle, City Manager Manny Anon, Jr., City Attorney Jeanette Williams, City Clerk Cathy Testa, Facilitator 4. APPROVAL OF MINUTES I. January 19, 2021 Meeting MOTION by Mr. Napier and SECOND by Ms. Reed to approve the January 19, 2010 minutes passed with a unanimous voice vote. (14-0) Chair Mitchell clarified the review process whereby the committee would review the sections tonight and if there is an item they would like to revisit in April, the item would be added to the list kept by the facilitator. 5. OLD BUSINESS i. Review and Discuss Article II. Citv Council Chair Mitchell called for public input and there was none. Sec. 2.08. Vacancies: forfeiture of office; fillinq of vacancies. (Ms. Drumheller's findings, Ms. Matthews' suggestions, Staff recommendations) Mr. Christino said he didn't think they should alter the Charter to control council for a minor misdemeanor. 1 3 of 11 CHARTER REVIEW COMMITTEE MINUTES OF THE FEBRUARY 9, 2021 MEETING PAGE 2 Chair Mitchell asked if something should be added to provide a procedure to suspend, and then establish under what grounds they would be suspending, then how they would be suspended. Mr. Christino said he did not want to suspend a council member over a Sunshine Law violation. Ms. Kautenburg said suspension means their activity is suspended until the matter is resolved and asked under what conditions they would consider suspending someone. Mr. Christino responded for a felony. Mr. Napier said the language in section "c" violates due process and he suggested changing the word shall to may be suspended because of what is in "d;" and if he or she is arrested, changed to adjudicated guilty. Mr. Goodfellow commented that suspension is not a punishment; it is prudent to suspend someone who has been charged. Chair Mitchell said it seemed the committee did not have an issue to add suspension; but the issue seemed to be a Sunshine violation. Ms. Matthews suggested removing vacancies upon his/her death, resignation, removal from office in any manner authorized by law or forfeiture of his/her office. She asked that the committee start at the beginning of the section and did not want to suspend/remove a member for a civil infraction. Mr. Napier called for a Point of Order and asked that the board stay with the agenda. The City Attorney also called for a Point of Order and noted the State Attorney determines the intent of a Sunshine Law violation and he doubted anyone would go after someone for an infraction. Chair Mitchell suggested the committee add the word criminal to the Sunshine Law violation verbiage. The City Manager said a criminal misdemeanor would cover that. Ms. Drumheller asked if the Sunshine Law violation verbiage is needed since there is language stating an arrest for a felony or a misdemeanor related to the duties of office. Mr. Christino said he did not want to get caught up in due process. Mr. Hoffman said the special hearing to consider a vote conflicts with the language that the council member forfeits their office. He noted that if they are going to remove someone, there is no need for a suspension. Ms. Matthews said a suspension is the beginning of a process to get someone out of the decision making process; while it is being determined if they will be charged. There was not a consensus to approve staff's recommendation of section "c." 4of11 "a o is F: , CHARTER REVIEW COMMITTEE MINUTES OF THE FEBRUARY 9, 2021 MEETING 6.28 pm PAGE 3 Ms. Herman suggested adding verbiage to section "c", "arrested for a felony or a criminal charge related to the duties of the office and remove the Sunshine Law violation." The City Attorney advised a criminal charge is a misdemeanor. Ms. Reed suggested the word shall be changed to may,° and read the following to section "c - Suspension from office. A Council Member of the Mayor may be suspended from his/her office if he/she is arrested for a felony or for a misdemeanor related to the duties of office." It was the consensus of the committee to add this to the Review List. Chair Mitchell read section "d" and asked for recommendations. Mr. Hoffman said he had a problem with "d" because section "b" says the council member shall forfeit their office. The City Attorney advised that right now the Charter has no teeth, there is no procedure to suspend a member. Mr. Hoffman asked if there should be language that forces council to hold a vote to suspend or remove a member. Mr. Goodfellow, Ms. Reed, and Mr. Newhart suggested removing the words, "consider a." Ms_ Matthews suggested they leave the word consider in because at that moment it is an allegation based on what is in front of them; there should be a hearing to determine if there is enough evidence. Ms. Cerda agreed because the committee changed the word "shall" to "may" in section "a"; whatever the council member might be charged with might not apply to their position; Council would need the ability to make a choice. Ms. Herman asked if more information does come in, is there a way to reconsider if they find they made a mistake in suspending or removing a member. It was the consensus of the committee to move section "d" as it was recommended by staff to the Review List. The City Attorney advised the section "e" made reference to another part of the Charter related to vacancies. In was the consensus of the committee to move section "e" "2" as it was recommended by staff to the Review List. In regard to section "S' of the staff's recommendation, Ms. Kautenburg asked if there is a plea bargain or nolo contendere, would that be enough to restore the member to office. The City Attorney advised F.S.112.151 does address "for purposes of this section, any person who pleads guilty or nolo contendere or who is found guilty shall be deemed to have been convicted notwithstanding a suspension of sentence or a withholding of adjudication is considered to be guilty." It was the consensus of the committee to move section "3" as recommended by staff to the Review List. The City Attorney advised section 'T' could be moved to Section 4.02 where it is more appropriate. 5 of 11 CHARTER REVIEW COMMITTEE MINUTES OF THE FEBRUARY 9, 2021 MEETING 6:45 pm 6:54 pm 7:18 pm PAGE 4 It was the consensus of the committee to move section 4" as recommended by staff. It will be on the Review List. Ms. Matthews noted because moral turpitude crimes are not always a felony, she asked to clarify felony in section "b" "3". There was not a consensus to clarify that sentence. Ms. Matthews asked to add a recall section but after discussion, it was the consensus of the committee that if a member is recalled, they are removed from office, adding this to the Charter would be redundant. Sec. 2.12. Procedure. (Ms. Matthews' suggestions, Staff recommendations) Chair Mitchell asked that the committee consider staff's recommendations first and if Ms. Matthews had a suggestion during the discussion to add her comments as they went along. Mr. Christino said a special meeting should be a concern to the public to protect the city. Chair Mitchell said she was uncomfortable to have a special meeting during the declaration of emergency. Mr. Hoffman asked why a special meeting couldn't be called during an emergency. Mr. Newhart said the content of the agenda shall be germane to the emergency; he wanted council to have the ability to call the meeting if some action needed to be taken. The City Manager explained what they learned during the pandemic was that council members were calling special meetings for things that were not germane to the pandemic which can be done under the current provision. He said the revision would solidify that a special meeting can be called for the emergency or a non -emergency item. Chair Mitchell asked to define what is a special meeting. Ms. Herman said if a special meeting can only be called for the emergency such as the one the city is currently under, then a meeting for an administrative procedure, such as a grant, could not be called. Ms. Kautenburg noted that grant applications are not a sudden procedure. She stated a special meeting needed for something related to the emergency should be called; otherwise the item could go on the regular meeting agenda. The City Manager said non -emergency items do happen from time to time. Chair Mitchell said there may be times for a special meeting and asked who should call the meeting. She suggested three members with the clearly defined reason. Mr. Christino suggested the importance would be concerns for public health, city finances, and safety issues. Mr. Newhart suggested critical to city operations. Ms. Cerda said she did not want to limit council members from doing their jobs; noting they were elected to protect the city. Ms. Herman noted having three members call a meeting would be a Sunshine Law violation. Ms. Jordan said she liked the idea of defining the types of meetings. 6 of 11 CHARTER REVIEW COMMITTEE MINUTES OF THE FEBRUARY 9, 2021 MEETING 7:42 pm r".)RAUP e. �=n �i PAGE 5 Ms. Kautenburg noted the Charter is intended to be a guideline to know how to govern. Mr. Newhart suggested including language that three members should call the meeting during the state of emergency. Mr. Goodfellow suggested that council members could contact the City Manager if a special meeting was needed; and a third type of meeting could be titled: state of emergency --time sensitive. Mr. Hoffman said they can't legislate every possible thing that could go wrong. He suggested they take the City Attorney's advice to provide notice and leave the rest of the section alone. Chair Mitchell said she agreed but believed council members can call a special meeting however they should be limited to that topic. The City Manager noted that under the declaration of emergency he did have the ability to sign documents such as grants and bring them back to council for ratification. Ms. Kinchen suggested only allowing the mayor to call a special meeting during the state of emergency, limiting the agenda to one topic. Ms. Drumheller said any one council member should be able to call a special meeting. Ms. Cerda suggested that they add that advanced reasonable notice should be required and the agenda would be one topic. The City Attorney stated the agreed upon changes: special meetings shall be limited to one topic; there shall be reasonable notice; and any council member can call it. It was the consensus of the committee to add this to the Review List. For section "b," Ms. Matthews asked that there be a established law for the council rules and order of business. She also asked that the word minutes be used as opposed to journal. Chair Mitchell called for a break at 7:47 p.m. and reconvened the meeting at 7:56 p.m. All members were present. The City Attorney advised that a journal means summary minutes and he recommended leaving section "b" as it is. Ms. Matthews said she would see like to see the rules of a council meeting established by state law or ordinance. There was not a consensus of changing this section. Ms. Herman commented that the committee did not discuss the city manager's ability to cancel a meeting but the City Attorney noted it is common for the manager to cancel meetings and the committee did move on past that portion of the agenda. 6. NEW BUSINESS 7of11 CHARTER REVIEW COMMITTEE PAGE 6 MINUTES OF THE F'EBRUARY 9, 2021 MEETING i. Review and Discuss Article III. Administration and Leaal Departments Sec. 3.01 Creation. — No recommended changes. Sec. 3.02. Appointment of Charter Officers. — No recommended changes. Sec. 3.03 Removal of Charter Officers. (Staff recommendations) In regard to section "a," Ms. Kautenburg and Mr. Goodfellow said they would like to see a supermajority vote. Ms. Matthews and Mr. Christino said it should be a majority vote of the entire council given there may be instances that a council member may have to abstain or is absent. Chair Mitchell said the Charter has served the city well during the past 25 years. She noted the officers are professionals and compensated accordingly but three members is a balance. Ms. Kautenburg explained that hiring an officer is one of the most major decisions that council makes, and it could be situation that sets the City back financially which may be the right decision, but it is one more vote that is a hammer if a situation arose. Ms. Kinchen said she has seen some officers disappear just because of three votes. Ms. Matthews suggested the removal could be modeled by the employment agreement which would prevent the removal because council doesn't like an officer. There was no consensus to remove an officer with a supermajority vote as recommended by staff. Chair Mitchell said she would like to see an officer removed without cause stay in the Charter. Mr. Christino explained a without cause instance could be where an officer seeking employment elsewhere; council would want to make sure operations would continue. It was the consensus of the committee to leave sections "a" and "b" as is. Sec. 3.04. Citv Manacier; powers and duties. Mr. Newhart suggested changing the verbiage gender inclusive language in section "b." Chair Mitchell said that would be a clerical change throughout the Charter. Ms. Matthews said she would like to see the city manager is the chief administrative officer in charge of the day-to-day operations because there is an itemization but it doesn't include all of the things that he does or at minimum, a caveat of any other duties assigned by council. The City Attorney called for a Point of Order and noted these items are addressed in the employment contract. Mr. Christino asked if continuing education was addressed in the contracts. The City Manager and Attorney confirmed they attend conferences with training. 8 of 11 CHARTER REVIEW COMMITTEE MINUTES OF THE FEBRUARY 9, 2021 MEETING Sec. 3.05. Citv Clerk — No recommended changes. Sec. 3.06. Police Chief — No recommended changes. ii. Review and Discuss Article IV. Elections Sec. 4.01. Adoption of state election laws. — No recommended changes. Sec. 4.02. Filing of candidate's oath; fee. (Supervisor Swan's request) PAGE 7 The Committee supported Supervisor Swan's request to move up the qualifying period. It was the consensus of the committee to add this to the Review List. The City Attorney noted staff would be moving section "c" from 2.08 to this Section. Sec. 4.04. Special election for other purposes. — No recommended changes. Sec. 4.08. City canvassinq board; canvass of election returns. — No recommended changes. Sec. 4.09. Same -Ballots. — No recommended changes. Sec. 4.12. Election procedures; tie vote. (Staff recommendation) The City Attorney said the Charter is inconsistent with Florida law and does need to be changed. Ms. Herman said in Bradenton, they have a provision that in cases where the city law is in conflict with state law, the city law would prevail. The City Attorney advised Florida law would prevail. Ms. Matthews said she would like to see the procedure overseen by the City Clerk. It was the consensus of the committee to add this to the Review List. Sec. 4.14. Interim government. (Staff recommendations) The City Attorney explained this was for the unique situations when a majority council is needed. It was the consensus of the committee to add this to the Review List. 7. STAFF MATTERS The City Clerk asked if anyone had concerns regarding the distribution of the agenda backup. There were no concerns. 8. COMMITTEE MEMBER MATTERS - None 9of11 CHARTER REVIEW COMMITTEE PAGE 8 MINUTES OF THE FEBRUARY 9, 2021 MEETING 9. ITEMS FOR NEXT AGENDA i. Next Meetinq Date The next meeting date was scheduled for February 25. Articles V and VI would be covered. 10. Being no further business, Chair Mitchell adjourned the Charter Review Committee meeting at 8:38 p.m. 10 of 11 7 2021March SUN MON [ TU£ WED THU FRI 1 12 3 4 5 AVAILABLE 8 9 12 14 115 2'1 122 16 17 18 19 23 24 25 28 29 30 31 AVAILABLE w SAT 6 w 20 27 11 of 11