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HomeMy WebLinkAbout04182006 CRC - Minutes lll)'Cf SE~T~ @-".-~ -~~ HOME OF PElICAN ISLAND CHARTER REVIEW COMMITTEE MINUTES TUESDAY, APRIL 18, 2006 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The City Attorney called the Meeting to order at 7:04 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Committee Members Present: Dan Dragonetti Cory Richter Jim Morrison John Oakes Ruth Sullivan Harry Enderlein Richard Smith Mary McGee Dennis Powers Adrina Davis Charles Cardinale Committee Members Absent: Rick Villars (excused due to work conflict) Council Members Present: Mayor Nathan McCollum Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Attorney, Rich Stringer City Manager, AI Minner City Clerk, Sally Maio Charter Review Committee Meeting April 18, 2006 Page Two The Committee had previously received copies of the City Charter, copies of a one page description of the Charter and Code provisions for the committee and proposed timeframe for review, a committee list, sunshine law information and a May Chambers meeting schedule prior to the meeting (see attached) 4. INTRODUCTION BY MAYOR NATHAN MCCOLLUM Mayor McCollum welcomed the new Committee, briefly described its function to review the City Charter and make recommendations on any possible amendments to City Council by October, and discussed the Committee that was first formed in 1999 in accordance with the Charter. He said the City Attorney was involved in the 1999 committee and will provide excellent guidance, and invited members to contact members of Councilor staff if they had any questions relative to the Charter. 5. GENERAL DISCUSSION OF COMMITTEE'S DUTIES AND OBLIGATIONS BY CITY ATTORNEY The City Attorney advised that the committee is charged with review of the Charter and recommendation to City Council on any recommended changes to be accomplished in a six- month period, which would include conducting two public hearings on any recommended changes to take place at least 14 days apart. He said any recommendations accepted by Council would have to be adopted by ordinance by the end of November to get the items on the March 2007 ballot. He explained Home Rule Powers as set out in Florida Statutes, meaning that cities are governed by their own charters, and is in effect a city's constitution. He said it is best not to put things in that are too specific, rather it is the skeleton that supports the city and how it is to operate. Mr. Stringer further described the Government in the Sunshine Law, which requires in short that members of the same board conduct their business only in a public format and that discussions by two or more members not take place without benefit of an advertised public meeting. He said members can discuss issues with any individual member of Council, or other committee members, or staff, but may not use someone as a go between with other members of the same committee. He briefly discussed the voting conflict law which he did not believe would affect this committee due to the committee's function, because it applies to an official who would have some financial gain. He recommended that the Charter be looked at one or two Articles at a time, that at the end of each meeting it be decided which section would be addressed at the next meeting, and that he would begin each meeting with what is the intent of the article. Mr. Enderlein suggested that the code language describing the process used to appoint the Committee members be included in Charter Section 5.03. Mayor McCollum said that all Charter meetings would be televised live on Channel 25. 2 Charter Review Committee Meeting April 18, 2006 Page Three In response to Mr. Enderlein, the City Attorney said the Charter was in effect when he arrived, so he drafted the code language to set up a process for Charter member appointments but said that language could be included in the Charter. Mrs. Sullivan agreed with this. 6. ELECT CHAIRMAN AND VICE-CHAIRMAN The City Attorney suggested that the committee select a Chair and Vice-Chair. Mr. Oakes asked if anyone on the committee had prior experience and/or interest in being in the positions. Mr. Smith, Mrs. Sullivan and Mr. Enderlein raised their hands. Mr. Davis nominated Richard Smith for Chairman and Mr. Richter concurred. Being no other nominations, Mr. Smith was appointed Chairman. Mr. Oakes nominated Ruth Sullivan for Vice-Chairman and Mr. Davis concurred. Being no other nominations, Mrs. Sullivan was appointed Vice Chairman. 7. DISCUSS MEETING DAY & TIME Discussion took place on an appropriate schedule, and the schedule used by the prior committee. In response to Mr. Davis, the City Clerk stated that all any member would have to do to be excused is to contact the Clerks office, that her office would be taking additional at- large appointments to Council next week, and that attendance by eight members would be required for a quorum for this fifteen member committee. When asked bl a member, staff members said they would prefer not to meet on Fridays, that 2nd and 3r Mondays are always open, Tuesdays are usually not available, Wednesdays are kept open for Council, and one Thursday each month could be used. Following a review of the May calendar, it was decided to schedule two May meetings at this time and then assess the schedule again at that time. On MOTION by Mr. Richter and SECOND by Mrs. Sullivan, the first two meetings were scheduled for May 8th and May 15th starting at 6:30 p.m. on a voice vote of 11-0. The City Attorney said he would prep on Articles I and 1\ for the next meeting, so that if the committee gets through I, which is an easier article, it could get into II. Discussion took place on the newly adopted Charter provision prohibiting the use of eminent domain_ 3 Charter Review Committee Meeting April 18, 2006 Page Four The City Clerk noted that the 1999 Charter Review minutes are in Laserfiche on the City's website. The City Manager briefly addressed the committee, thanking them for volunteering on the committee, and said he was available for any questions they may have. 8. Being no further business, Chairman Smith adjourned the meeting at 7:45 p.m. Approved at the May 8, 2006 Charter Review Committee Meeting. s 4 I I I I I Sec. 1.01. Sec. 1.02. Sec. 1.03. Sec. 1.04. Sec. 1.05. I I I Sec. 2.01. Sec. 2.02. Sec. 2.03. Sec. 2.04. Sec. 2.05. Sec. 2.06. Sec. 2.07. Sec. 2.08. Sec. 2.09. Sec. 2.10. Sec. 2.11. Sec. 2.12. Sec. 2.13. Sec. 2.14. Sec. 2.15. Sec. 2.16. I I I I I I Sec. 3.01. Sec. 3.02. Sec. 3.03. Sec. 3.04. Sec. 3.05. I PART I CHARTER* Article I. Creation and Powers Creation and powers. Extraterritorial powers. Intergovernmental relations. Boundaries. Existing businesses may continue after annexation. Article II. City Council Composition. Eligibility. Election. Terms. Compensation; expenses. Mayor; vice-mayor. General powers and duties. Vacancies; forfeiture of office; filling of vacancies. Judge of qualifications. City council-employee relationship. Investigations. Procedure. Emergency ordinances. Codes of technical regulations. Authentication and recording; codification; printing. Standing committees. Article III. Administration and Legal Departments Division 1. Generally Creation. Appointment [of Charter officers]. Removal [of Charter officers]. City manager; powers and duties. City clerk. *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 amend- ments, F.8. ~ 166.031. I I I Supp. No. 22 I CHT:l Sec. 3.06. Sec. 3.07. Sec. 3.08. Sec. 3.09. Sec. 4.0l. Sec. 4.02. Sec. 4.03. Sec. 4.04. Sec. 4.05. Sec. 4.06. Sec. 4.07. Sec. 4.08. Sec. 4.09. Sec. 4.10. Sec. 4.11. Sec. 4.12. Sec. 4.13. Sec. 4.14. Sec. 5.0l. Sec. 5.02. Sec. 5.03. Sec. 6.0l. Sec. 6.02. Sec. 6.03. Sec. 6.04. Sec. 6.05. Supp_ No. 22 I SEBASTIAN CODE I Division 2. Police Department Creation; chief. Chief of police-Duties and authority. Same-Officers. I I Division 3. Legal City attorney. I Article IV. Elections Adoption of state election laws. Filing of candidate's oath; fee. Special municipal elections to elect elective officers. Special election for other purposes. Calling an election by resolution_ Election precincts and polling places; city to designate. Elections-How arranged; inspectors and clerks. Same-Canvass of returns; certificates of election. Same- Ballots. Voting machines. Absentee voting. Election procedures; tie vote. Conduct of candidates for election office. Interim government. I I! I I I Article V. General Provisions Severability of provisions. Effective date. Charter review committee. I Article VI. Transition Title to property reserved. Obligations unimpaired. Officers and employees holdover. Ordinances preserved. Continuation of former charter provisions. I I I I I I CHT:2 I I I I CHARTER ~ 1.02 I ARTICLE I. CREATION AND POWERS* Sec. 1.01. Creation and powers. I I 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. I Sec. 1.02. Extraterritorial powers. I In addition to the powers enumerated herein, the city shall be vested with all extraterri- torial powers heretofore granted by the prior Charter of the City of Sebastian, Florida, as follows: I I (1) Acquisition of property. To acquire by purchase, gift, devise, condemnation, lease or otherwise, real or personal property or any estate therein, or riparian rights 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 tunnel 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 illumi- nating, heating or power purposes; the location of waterworks and sites for public utility works; the establishment of poor houses, 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, prome- nades; 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. (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. I I I I I I I I (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, *State law reference-Home rule powers generally, F.S. ~ 166.021. I Supp. No. 22 CHT:3 I - I ~ 1.02 SEBASTIAN CODE I 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. I (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. I I I I I I (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. I I (6) Dairies and stock. To provide for inspecting and regulating the sanitary condition of all dairies, butcher pens, slaughter houses, 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. I (7) Airports. To purchase, acquire, take hold, establish, construct, equip, maintain and operate municipal airports, landing fields, hangars, aviation terminals and adminis- tration 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 ofthe boundaries thereoffor 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, I I I I I Supp. No. 22 CHT:4 I I I I CHARTER S 1.02 I 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. I I I (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. I I (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. I I I (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. I I I (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, docks, 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 I I I I Supp. No. 22 CHT:5 I I S 1.02 SEBASTIAN CODE I * 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. (Res. No. R-88-16, ~ 2,1-13-88; election of3-14-89; Ord. No. 0-93-21, ~S 1-3, 1-12-94, election of 3-8-94; Ord. No. 0-99-18, ~ 1, 11-3-99, election of 3-14-00) State law reference-Municipal home rule powers, F.S. ch. 166. I I I Sec. 1.03. Intergovernmental relations. II 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 reference-Intergovernmental programs, F.S. ch. 163. I Sec. 1.04. Boundaries. I The corporate limits of the city shall be as presently established or as hereafter changed pursuant to state law. State law reference-Municipal annexation or construction, F.S. ch. 171. I Sec. 1.05. Existing businesses may continue after annexation. I 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. I I ARTICLE II. CITY COUNCIL I Sec. 2.01. Composition. I 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, S 1, 1-27-93) I Sec. 2.02. Eligibility. I 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) I Supp. No. 22 CHT:6 I I I I I I I I I I I I I I I I I I I I I ~ Section 1. That upon passage of the Referendum submitted hereunder, existing Section 1.02 (11) of the City Charter of the City of Sebastian, Florida, shall be amended to add a paragraph as follows: Section 1.02 Extraterritorial powers. * * * * (11) 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. - I I CHARTER ~ 2.06 I Sec. 2.03. Election. I (a) The office of mayor, whose term expires in March, 1994; shall be filled upon such expiration as provided in section 2.06 ofthis Charter. Thereafter, there shall be held a general election of two (2) council members on the second Tuesday in March of each even-numbered year and of three (3) council members in each odd-numbered year. I I (b) The city elections shall have at large voting; provided that the city council shall have the authority to submit by ordinance to the voters a referendum for the election of city council by districts to be designated by the city council. (Ord. No. 0-91-29, ~ 1, 1-8-92; Ord. No. 0-93-03, ~ 3, 1-27-93) I Sec. 2.04. Terms. I (a) The terms of the council members shall be for two (2) years, or until a successor has been duly elected or appointed and sworn. I (b) The term of each newly elected council member shall begin on the Monday following the election, at a special meeting of the city council to be held for the purpose of swearing in such newly elected officials. If a regular city council meeting is to be held the Monday following the election, the newly elected officials shall be sworn in at the conclusion of such regular meeting. (Ord. No. 0-91-29, ~ 1, 1-8-92; Ord. No. 0-93-03, ~ 4, 1-27-93) I Sec. 2.05. Compensation. I The mayor, vice-mayor and each of the other council members shall be paid the following amounts on a monthly basis: I (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, S VI, 2-4-87; Ord. No. 0-91-29, S 1, 1-8-92; Ord. No. 0-93-02, S 1, 1-27-93; Ord. No. 0-99-22, S 1, 11-3-99, election of 3-14-00) I I Sec. 2.06. Mayor; vice-mayor. I (a) Mayor-Selection and term. Commencing March 1994, after the seating of any newly elected council members, at the first scheduled city coul1cil meeting subsequent to the second Tuesday in March, the new city council shal}, 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 roll 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 majority vote shall be elected mayor. In the event no council member receives a majority of the votes cast on the first I I I Supp. No_ 22 CHT:7 I - I ~ 2.06 SEBASTIAN CODE I 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. I (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. I (2) In the event there is only one nomination and second for mayor, the nominee shall be seated as mayor. I (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 councilor 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. I I I (c) Vice-mayor-Selection and term. At the first regularly scheduled city council meeting subsequent to the second Tuesday in March, 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. I I (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. (Ord. No. 0-91-30, S 1, 1-8-92; Ord. No. 0-93-03, S 5, 1-27-93; Ord. No. 0-99-23, 9 1, 11-3-99, election of 3-14-00) I I I 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, 9 1, 1-8-92) I I Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies. I (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. I Supp. No. 22 CHT:8 I I I I CHARTER ~ 2.09 I (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. In the event of a vacancy in the office of a council member, the city council shall, by taking individual nominations and voting thereupon, appoint a person having the qualifications of council member to occupy such office until the earlier of (1) the seating of a successor elected by the electorate of the city at the next general municipal election for the city where the qualifying period for seeking election for council members has not expired, or (2) for the remainder of the unexpired term ofthe council office in which the vacancy exists. In the event a successor is to be elected for the unexpired term, the candidates shall run specifically for that seat on the council. I I I I I I I However, if there is no general election within a six-month period of the occurrence of the vacancy and the unexpired term for the vacant seat exceeds six months, a special election shall be held with all due haste to elect a successor, and the appointee shall serve until the successor is seated at the first regular meeting of the council following certification of the election results. (Ord. No. 0-88-43, S 2,1-11-89; Ord. No. 0-91-29, S 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, S 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 S 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. I I I I Sec. 2.09. Judge of qualifications. The city council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. Upon the filing by a sitting member of council of a written charge that a member has committed conduct violating section 2.08(b), the city council must vote whether said charge would, if proved, constitute a violation and whether a reasonable basis exists for believing the violation occurred, and upon an affirmative determination by the majority, a special meeting shall be scheduled within thirty (30) days for a hearing on the charge. Alternatively, a member charged by a member of the public with conduct constituting grounds for forfeiture of his/her office shall be entitled to a public hearing on demand. Notice of such hearing shall be published in one (1) or more I I I I Supp_ No. 22 CHT:9 I I ~ 2.09 SEBASTIAN CODE I newspapers of general circulation in the city at least one (1) week in advance of the hearing. Decisions made by the city council under this section shall be subject to review by the courts. (Ord. No. 0-88-43, ~ 3, 1-11-89; Ord. No. 0-91-29, ~ 1, 1-8-92; Ord. No. 0-99-25, ~ 1, 11-3-99, election of 3-14-00) Editor's note-Section 3 of Ord. No. 0-88-43, adopted January 11, 1989, renumbered ~ 2.10 as ~ 2.09. I I Sec. 2.10. City council-employee relationship. I 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 councilor any of its members give orders to any employee, other than city council orders to a charter officer. The city councilor 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, S 1, 1-8-92) Editor's note-See the editor's note following S 2.09. I I Sec. 2.11. Investigations. I 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. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be guilty of a misdemeanor. COrd. No. 0-88-43, S 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 SS 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 SS 2.11-2.16 by S~ 8-13 of Ord. No. 0-88-43. I I I Sec. 2.12. Procedure. I I (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. Whenever practical, each council member shall receive at least twelve (12) hours advance notice of any special council meeting called. If a public emergency as defined under Florida law exists any council member or charter officer may call a special meeting, and the twelve (12) hour advance notice requirement shall be waived. All city council meetings shall be public meetings, except as othervvise permitted by law. I I Cb) Rules and journal. The city council shall determine its own rules and order of business and shall provide for keeping a journal ofits 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 I I Supp_ No. 22 CHT:10 I I - I I CHARTER ~ 2.14 I 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 ofthree (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) Editor's note-See the editor's note following ~ 2.11. II I I 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 reference-Uniform minimum requirements for adoption of ordinances, F.S. ~ 166.041. I I I I I I I I 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. I I I I Supp. No. 35 CHT: 11 I - I S 2.15 SEBASTIAN CODE I 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 oflaw. 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 Sebastian, Florida. Copies ofthe 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 oflaw 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, S 12, 1-11-89; Ord. No. 0-91-29, S 1, 1-8-92) Editor's note-See the editor's note following S 2.11. I I I I I I I I I 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. I (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, S 13, 1-11-89; Ord. No. 0-91-29, S 1, 1-8-92; Ord. No. 0-91-30, S 4, 1-8-92; Ord. No. 0-99-27, S 1, 11-3-99) Editor's note-See the editor's note following S 2.11. I I I I I Supp. No. 35 CHT:12 I I I I CHARTER ~ 3.03 I ARTICLE III. ADMINISTRATION AND LEGAL DEPARTMENTS* I DMSION 1. GENERALLY I I Sec. 3.01. Creation. I (a) The city council may establish city departments, offices or agencies in addition to those expressly created in the City Charter and may prescribe the functions of all departments, offices and agencies. Notwithstanding the foregoing sentence, no function specifically assigned in the City Charter to a particular department, office or agency may be discontinued or reassigned to a different department, office or agency by the city council, except to the extent allowable under the provisions of the City Charter. I (b) The city manager, city clerk and city attorney are designated Charter officers. (Ord. No. 0-88-43, S 14, 1-11-89; Ord. No. 0-91-29, * 1, 1-8-92; Ord. No. 0-93-02, ~ 4, 1-27-93) I Sec. 3.02. Appointment [of Charter officers]. I 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, S 1, 1-8-92) I Sec. 3.03. Removal of Charter officers. I (a) Any Charter officer may be removed from office for cause, or without cause pursuant to the terms of an employment agreement, by a majority vote of the entire city council. I (b) In the event that one or more council members believes that cause exists for the removal of a Charter officer, such council members shall present written charges to the entire city council at a regularly scheduled meeting for discussion. The city council may, by a vote at least three (3) council members that said charge would, if proved, constitute a violation and that a reasonable basis exists for believing the violation occurred, formally charge the named Charter officer with misconduct and immediately suspend such Charter officer form office. Notice of the suspension and the specific charges of misconduct shall be served upon the affected Charter officer in person or by certified or registered mail, return receipt requested, to the last known address of the affected Charter officer. The suspended Charter officer shall have the right to a hearing before the city council upon request. The suspended Charter officer shall be given a reasonable period of time in order to prepare for such hearing. At the conclusion ofthe hearing, the suspended Charter officer shall be removed if the city council finds, by a vote of at least *Editor's note-Section 14 ofOrd. 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. I I I I I SUpp. No. 22 CRT: 13 I I ~ 3.03 SEBASTIAN CODE I three (3) council members that cause exists to support such removal. In the event that at least three (3) council members do not find that cause exists for removal, the suspended Charter officer shall be immediately reinstated to his or her Charter office. (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) I I (a) The city manager shall be the chief administrative officer of the city. I I Sec. 3.04. City manager; powers and duties. (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. I (c) The city manager shall direct and supervise the administration of all departments ofthe 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. I I (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. I I (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 ofthe 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. I I CD The city manager shall designate a qualified city employee to exercise the powers and perform the duties of city II)anager 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. I (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) I I I Supp. No. 22 CHT:14 I I I il CHARTER S 3.09 I Sec. 3.05. City clerk. I I 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. COrd. No. 0-88-43, S 14, 1-11-89; Ord. No. 0-91-29, S 1, 1-8-92) II DIVISION 2. POLICE DEPARTMENT Sec. 3.06. Creation; chief. I I There shall be a police department which shall consist of a chief of police and such other sworn and non-sworn employees as may be determined by the city council. The chief of police shall be the head of the police department and shall direct the activities of its members and police department employees. The chief of police shall be appointed by the city manager. The mayor may, as provided by law, appoint and discharge special policemen in times of riot or public emergency. (Ord. No. 0-88-43, * 14, 1-11-89) I I Sec. 3.07. Chief of police-Duties and authority. I It shall be the duty of the chief of police to attend meetings of the city council as directed by the city manager; to aid in the enforcement of order and to enforce the city's ordinances, to execute all papers and processes ofthe city or its authorities; and to perform such other duties as may be lawfully required of hiIW'her. (Ord. No. 0-88-43, S 14, 1-11-89) I I Sec. 3.08. Same-Officers. I The chief of police and all sworn police officers shall have the power to bear arms and make arrests as provided by Florida law and/or as may be provided by ordinance adopted by the city council. (Ord. No. 0-88-43, S 14, 1-11-89; Ord. No. 0-93-02, S 6, 1-27-93) I DIVISION 3. LEGAL I Sec. 3.09. City attorney. I (a) There shall be a city attorney of the city who shall serve as chieflegal advisor to the city council, the mayor 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. I Supp. No. 22 CHT:15 I I ~ 3.09 SEBASTIAN CODE I (b) The city council shall have authority to retain additional counsel in specific actions or proceedings in its discretion. Also, the city council may provide by ordinance for the additional office of and the appointment of an assistant city attorney when the weight of the city attorney's duties increases to such an extent that the city council deems such action advisable or necessary. I I (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) I I ARTICLE IV. ELECTIONS* Sec. 4.01. Adoption of state election laws. I 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. I Sec. 4.02. Filing of candidate's oath; fee. I (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. I (b) The oath set forth in subsection (a) shall be filed with the city clerk at least forty-five (45) days, but no more than sixty (60) days, prior to the day of the election, along with payment of a nonrefundable filing fee as provided by law. (Ord. No. 0-91-29, S 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) I I I 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, S 2, adopted January 27,1993. I Sec. 4.04. Special election for other purposes. I 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 ofthe 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 *State law reference-Electors and elections, F.S. ch. 97 et seq. I I Supp. No. 22 CHT:16 I I I I CHARTER S 4.08 I 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. I Sec. 4.05. Calling an election by resolution. I All elections shall be called by proclamation of the mayor issued not less than thirty (30) days before such election and shall be conducted except as othenvise specifically provided, under the provisions of the general election laws of the state, when not inconsistent with the provisions ofthis Charter. Should the mayor fail or refuse to call any election in due time, the city council shall do so by resolution. I I Sec. 4.06. Reserved. I 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, S 1, adopted January 8, 1992. Ord. No. 0-93-04, S 3, adopted January 27, 1993, repealed this section in its entirety. I Sec. 4.07. Elections-How arranged; inspectors and clerks. I The city council, in conjunction with the city clerk, shall make all necessary arrangements for holding all city elections and shall declare the results thereof. The city council shall adopt a resolution, upon the calling of an election, stating therein where the election shall be held, and naming the different offices to be filled, or questions to be decided, and shall cause the notice of the election to be published in accordance with Florida law. (Ord. No. 0-91-29, S 1, 1-8-92; Ord. No. 0-93-04, S 4, 1-27-93) I I Sec. 4.08. Same-City canvassing board; canvass of election returns. I (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. I I (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. I I (c) The city council shall hold a special meeting on the first Monday following the election for the purpose of receiving the certificate of the county canvassing board of the returns for Indian River County, Florida, or the city canvassing board, as the case may be. The city council I Supp. No. 22 CHT:17 I I ~ 4.08 SEBASTIAN CODE I shall then declare the results of the election and enter them in the minutes of the special meeting. Any oath of office required to be administered to the newly elected council members shall be administered at such special city council meeting or at the next city council meeting where the newly elected council members are in attendance. (Ord. No. 0-93-04, ~ 5, 1-27-93; Ord. No. 0-99-32, ~ 1, 11-3-99, election of 3-14-00) I I Sec. 4.09. Same-Ballots. I 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) I Sec. 4.10. Voting machines. I The city is hereby authorized to use voting machines in the holding of all city elections, general or special. State law reference-Electronic voting systems act, F.S. ~ 101.5601 et seq. I Sec. 4.11. Absentee voting. Absentee voting shall be permitted in all municipal elections in the same manner as now, or hereafter provided for in connection with state and county elections. State law reference-Absentee balloting, F.S. ~ 101.62 et seq. I, Sec. 4.12. Election procedures; tie vote. I (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 tenns, or the balance of the term. I (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 special run-off election between the tied candidates to be held no later than thirty (30) days after the results of the initial election are declared by city council. (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. I I I Sec. 4.13. Conduct of candidates for election office. I No candidate shall violate the provisions of Florida Statutes Chapter 104, (the Florida Election Code) as now constituted or as amended in the future. A violation of any of these provisions shall disqualifY such candidate from holding office, if elected, and the person receiving the majority of the votes cast, observing the foregoing conditions, shall be entitled to the office. I I Supp. No. 22 CHT:18 I I I I CHARTER ~ 5.03 I Any sitting member of councilor candidate therefore may file a written charge with the city clerk, prior to opening of the meeting in which the election results are declared, that specifies an alleged violation of this provision by a candidate having been elected. The city council must vote whether said charge would, if proved, constitute a violation and whether a reasonable basis exists for believing the violation occurred, and upon an affirmative determination by the majority, a special meeting shall be scheduled within thirty (30) days for a hearing on the charge in which the procedures of section 2.09 apply. Upon a finding by a majority vote of the whole council that a violation of any of these provisions occurred, such a finding shall disqualify such candidate from holding office, and the person receiving the majority of the votes cast, observing the foregoing conditions, shall be entitled to the office. (Ord. No. 0-99-34, ~ 1, 11-3-99, election of 3-14-00) State law references-Election violations, F. S. ch. 104; candidates, F.S. ch. 106; Code of ethics for public officers and employees, F.S. ~ 112.311 et seq. I I I I I 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 reference-Emergency continuity of government, F.S. ch. 22. I I I I ARTICLE V. GENERAL PROVISIONS I 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, S 7, 1-27-93) I I Sec. 5.02. Effective date. I This Charter shall take effect January 1, 1979. Sec. 5.03. Charter review committee. I Not later than April 15 of the year 1999 and of every 7th year thereafter, the city council shall appoint a charter review committee to review the Charter ofthe city. Each charter review committee shall consist of fifteen (15) residents of the city. The committee shall otherwise be I Supp_ No. 22 CHT:19 I I S 5.03 SEBASTIAN CODE I 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) Editor's note-Ord. No. 0-98-13, S 1, amended the Charter by adding S 5.03 to read as herein set forth. Such amendment was approved by the voters at an election held Mar. 9, 1999. I I I I ARTICLE VI. TRANSITION I 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. I Ii Sees. 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 SS 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. I I 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. I I 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. I I I I Supp. No. 22 CHT:20 I I City of Sebastian Charter Review Committee (Charter 5.03 and Code 2-2311 To ensure citizen involvement in the govemmental process, the City creates a fifteen member Charter Review Committee every seven years to review and make recommendations to City Council for possible amendments to the City Charter. The following is a brief synopsis of provisions relative to the Committee. . Committee is appointed no later than April 15th of year 1999 and every 7 years thereafter (2006) . Committee consists of 15 members who are residents of the City - appointed as follows: o Each member of the city council shall appoint two city residents to the committee o The remaining five (5) members of the committee shall be appointed by the council as a body in accordance with the general provisions for selection of membership of city boards and committees . Announcement of individual appointees and selection of at-large members made at regular Council meeting preceding April 15th . No less than one month prior to announcement of appointments clerk shall notice position openings in accordance with code . Deadline for at-large position applications is no later than ten days prior to announcement of appointments . Deadline for council appointee applications is no later than one week prior to announcement of appointments . There is no limit on the number of times a person may serve on this committee and members of other boards and committees of the city are not prohibited from serving on this committee . Committee shall conduct its organizational meeting on the Tuesday following appointment . Committee shall within six months of formation present final recommendation for Charter amendments or that no amendments are recommended - if amendment is recommended Committee shall conduct two public hearings at intervals not less than 14 days prior to transmittal of recommendation to Council . Committee shall meet on the Tuesday at 5:30 pm following its final recommendation to Council and be officially dissolved Schedule March 10, 2006 - City Clerk Advertises for five at-large Committee Positions March 22, 2006 - Regular City Council Meeting - Advise City Council Re: Committee Appointments March 31, 2006 - Deadline for Applications for Five At-Large Positions April 5, 2006 - Deadline for Applications for Ten Individual Council Appointed Positions (2 Each) April 12, 2006 - Formal Appointments made at Regular City Council Meeting April 18, 2006 - Organizational Meeting of Committee No later than October 11, 2006 - Final recommendation presented to City Council to give City Attorney sufficient time to draft ordinance(s) for final adoption by the end of November and placement on the March 2007 general election ballot. In the event that a recommendation is forthcoming for amendment, the Committee shall hold its public hearings no later than the end of September 2006. This schedule for public hearings and recommendation to Council in no way precludes the Committee from forming a recommendation or recommending no amendment sooner than six months. If you are interested in serving on this Committee, applications can be obtained in the Office of the City Clerk, City Hall, 1225 Main Street, Sebastian Monday - Friday, 8 am to 4:30 pm. 2006 CHARTER REVIEW COMMITTEE Dan Dragonetti Appointed by Mayor McCollum 1355 Barber Street Sebastian, FL 32958 589-6921 draaonetti(a)earthlink. net Ruth Sullivan Appointed by Mayor McCollum 1215 Indian River Drive Sebastian, FL 32958 589-8413 Rick Villars Appointed by Vice Mayor Burkeen 115 High Court Sebastian, FL 32958 388-9333 rvillars@ircgov.com Cory Richter Appointed by Vice Mayor Burkeen 714 W. Fischer Circle Sebastian, FL 32958 589-5016 crich296@aol.com Adrina Davis Appointed by Council Member Coy 668 Benedictine Terrace Sebastian, FL 32958 589-2408 Charles Cardinale Appointed by Council Member Coy 474 Thomas Street Sebastian, FL 32958 589-4892 Richard Smith Appointed by Council Member Neglia 787 Carnation Drive Sebastian, FL 32958 388-6142 John Oakes Appointed by Council Member Neglia 593 Birch Court Sebastian, FL 32958 388-2957 oakesjohn7@aol.com L__ Mary McGee Appointed by Council Member 497 Bywood Avenue Paternoster Sebastian, FL 32958 388-9047 exfarm@bellsouth.net Dennis Powers Appointed by Council Member 632 Albatross Terrace Paternoster Sebastian, FL 32958 589-7171 dennisp 717@bellsouth.net Jim Morrison At-Large Member 321 Lobster Terrace Sebastian, FL 32958 589-6999 jmmorri@bellsouth.net Harry Enderlein At-Large Member Post Office Box 780244 Sebastian, FL 32958 794-6534 At-Large Member At-Large Member At-Large Member A Pocket Guide to Florida's Government-in-the-Sunshine Laws: Open Meetings & Public Records Summarized from The Government-in-the-Sunshine Manual, 1996 Edition (Prepared by the Office of the Attorney General of Florida, and published by the First Amendment Foundation). compiled by Charlene Carres, Esq. Note: The following material provides the reader with only a general idea of what Florida's Open Meetings and Public Records laws are about. It was prepared to give members of the public and government boards and commissions a passing familiarity with their requirements. The actual Open Meetings and Public Records laws are complex. Many complications, nuances, and most of the exceptions are not covered here. Also, information relating to courts, the Legislature, and law enforcement, and information concerning children and medical records, though covered in the Manual. is not included in this summary. If you have any questions or doubts about the application or interpretation of these laws, call the First Amendment Foundation's FOI Hotline. 1-800-337-3518 For a copy of the most recent edition of The Government-in-the-Sunshine Manual. call (850) 224-4555. THE OPEN MEETINGS LAW Section 286.011, F.S. Florida's Government-in-the-Sunshine Law applies when two or more members of the same elected or appointed public board or commission meet to discuss or take action on any matter which may foreseeably come before them in their official capacity. The Sunshine Law requires that: (1) meetings be open to the public; (2) notice be given; and (3) minutes be taken. APPLICATION Who else is covered? Members-elect of boards or commissions are also subject to the Sunshine Law. Private entities doing business on behalf of a public agency may also be subject to the law. Who is not covered? Staff meetings are not ordinarily subject to the Sunshine Law. What types of meetings are covered? The Sunshine Law applies to all functions of covered agencies, boards, and commissions, whether formal or informal, which relate to their affairs and duties. The Sunshine Law also applies when an individual has been delegated the authority to act on behalf of or make recommendations to a public entity. However, when an individual has only been delegated the authority to gather information, the Sunshine Law does not apply. The Sunshine Law prohibits meetings between a member of a public body and an individual who is not a member when that individual is being used as a liaison between, or to conduct a de facto meeting of, other members of the public entity. What types of meetings are not covered? The Sunshine Law does not apply to a meeting between individuals who are members of different boards unless one or more of them have been delegated the authority to act on behalf of his or her board. If an official is not a member of the board or commission and does not possess any power to vote, the official may meet privately with an individual member. There is no violation of the Sunshine Law for a board member to express views or voting intentions on upcoming issues to a reporter. Members of a public board or commission are not prohibited from meeting together socially under the Sunshine Law, as long as matters which may come before them in their official capacity are not discussed. What forms of communication are covered? Members of a board discussing board business or holding a meeting by telephone must ensure that the requirements of the Sunshine Law have been satisfied by providing notice and access to the public. If a memorandum reflecting the views of a board member is circulated among board members with each indicating his or her approval, disapproval, or comments, there is a violation of the Sunshine Law. The use of a written report simply to inform is not a violation of the Law as long as there is no reply or interchange of information. The use of computers by members of a public board or commission to communicate among themselves is subject to the Sunshine Law. What subjects are covered? There is no exception to the Sunshine Law allowing closed-door hearings when a board or commission is acting in a "quasi-judicial" capacity. Discussions between a public board and its attorney are generally subject to the Sunshine Law. However, a public board and its attorney may meet in a closed session to discuss settlement negotiations or strategy concerning pending litigation to which the public board is a party. Numerous limiting conditions apply to such meetings, including transcription requirements, topic limitations, notice and procedural requirements, and release of the transcript upon completion of the litigation. Meetings at which personnel matters are discussed are not exempt. Negotiations by a public body for the sale or purchase of real property must be conducted in the Sunshine. The Sunshine Law is applicable to investigative inquiries of public agencies, and the fact that a meeting concerns alleged violations of law or regulations does not remove it from the scope of the Law. Sunshine Law policy on collective bargaining for public employees is divided into two parts: when the public employer is meeting with its own side, it is exempt from the Sunshine Law; when the public employer is meeting with the other side, it is required to comply with the Law. What are the requirements for voting? A board may not use secret ballots. Each members present must cast a vote either for or against each proposal, but it is not necessary to take a roll call vote to reflect each member's specific vote. The minutes must report voting results either by recording the vote of each individual member or counting the votes and reporting the totals. No member of any governmental board or commission who is present at any meeting at which a decision, ruling, or other official act is to be taken or adopted must abstain from voting. A vote must be recorded or counted for each member present, except when a member has, or appears to have, any conflict of interest. REQUIREMENTS Where may meetings be held? Public boards or commissions are prohibited from holding their meetings at any facility which discriminates on the basis of sex, age, race, color, national origin, creed, religion, or economic status, or which operates in a manner that unreasonably restricts public access. Public agencies should take reasonable steps to ensure that meeting facilities will accommodate the anticipated turnout. Public meetings should be held within reasonable proximity to the jurisdiction of the public board or commission. Can restrictions be placed on public attendance or participation? The public may not be deprived of the right to be present and to be heard at all deliberations where decisions affecting the public are being made. However, the extent to which public participation must be allowed has not been determined. Reasonable rules and policies ensuring the orderly conduct of a public meeting and requiring orderly behavior of those in attendance may be adopted. A rule or policy prohibiting the use of nondisruptive cameras or silent tape recording devices is unreasonable and, therefore, invalid. What kind of notice must be given? A written notice containing the time, place, and general subject of the meeting should be given. Notice should be published, posted, andlor circulated in a way meant to allow members of the public who may be interested to know about the meeting. If a meeting is to be adjourned and reconvened later to complete the business from the agenda of the adjourned meeting, the second meeting must also be noticed. Must written minutes be kept of all public meetings? Yes. Minutes of a public meeting must be promptly recorded and open to public inspection. A written transcript of a meeting may be used as the minutes. PENAL TIES What are the penalties for violations of the Sunshine Law? No resolution, rule, regulation, or formal action is binding unless it is promulgated at an open meeting. Any member of a board or commission or of any state or local agency or authority who knowingly violates the Sunshine Law is guilty of a misdemeanor of the second degree. If convicted, the officer or employee may be removed from office. Any public official who violates the provisions of the Sunshine Law is guilty of a noncriminal infraction, punishable by a fine not exceeding $500. Reasonable attorney's fees and court costs will be assessed against a public agency violating the Sunshine Law. MOST FREQUENTLY ASKED QUESTIONS ON FLORIDA'S OPEN GOVERNMENT LAWS The following questions and answers are intended to be used as a reference only -- interested parties should refer to the Florida Statutes and applicable case law before drawing legal conclusions. Q. What is the Sunshine Law? A. Florida's Government-in-the-Sunshine law provides a right of access to governmental proceedings at both the state and local levels. It applies to any gathering of two or more members of the same board to discuss some matter which will foreseeably come before that board for action. There is also a constitutionally guaranteed right of access. Virtually all state and local collegial public bodies are covered by the open meetings requirements with the exception of the judiciary and the state Legislature which has its own constitutional provision relating to access. Q. What are the requirements of the Sunshine law? A. The Sunshine law requires that 1) meetings of boards or commissions must be open to the public; 2) reasonable notice of such meetings must be given, and 3) minutes of the meeting must be taken. Q. What agencies are covered under the Sunshine Law? A. The Government-in-the-Sunshine Law applies to "any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or political subdivision." Thus, it applies to public collegial bodies within the state at both the local as well as state level. It applies equally to elected or appointed boards or commissions. Q. Are federal agencies covered by the Sunshine Law? A. Federal agencies operating in the state do not come under Florida's Sunshine law. Q. Does the Sunshine Law apply to the Legislature? A. Florida's Constitution provides that meetings of the Legislature be open and noticed except those specifically exempted by the Legislature or specifically closed by the Constitution. Each house is responsible through its rules of procedures for interpreting, implementing and enforcing these provisions. Information on the rules governing openness in the Legislature can be obtained from the respective houses. Q. Does the Sunshine Law applies to members-elect? A. Members-elect of public boards or commissions are covered by the Sunshine law immediately upon their election to public off ice. Q. What qualifies as a meeting? A. The Sunshine law applies to all discussions or deliberations as well as the formal action taken by a board or commission. The law, in essence, is applicable to any gathering, whether formal or casual, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission. There is no requirement that a quorum be present for a meeting to be covered under the law. Q. Can a public agency hold closed meetings? A. There are a limited number of exemptions which would allow a public agency to close a meeting. These include, but are not limited to, certain discussions with the board's attorney over pending litigation and portions of collective bargaining sessions. In addition, specific portions of meetings of some agencies (usually state agencies) may be closed when those agencies are making probable cause determinations or considering confidential records. Q. Does the law require that a public meeting be audio taped? A. There is no requirement under the Sunshine law that tape recordings be made by a public board or commission, but if they are made, they become public records. Q. Can a city restrict a citizen's right to speak at a meeting? A. Public agencies are allowed to adopt reasonable rules and regulations which ensure the orderly conduct of a public meeting and which require orderly behavior on the part of the public attending. This includes limiting the amount of time an individual can speak and, when a large number of people attend and wish to speak, requesting that a representative of each side of the issue speak rather than every one present. Q. As a private citizen, can I videotape a public meeting? A. A public board may not prohibit a citizen from videotaping a public meeting through the use of nondisruptive video recording devices. Q. Can a board vote by secret ballot? A. The Sunshine law requires that meetings of public boards or commissions be "open to the public at all times." Thus, use of preassigned numbers, codes or secret ballots would violate the law. Q. Can two members of a public board attend social functions together? A. Members of a public board are not prohibited under the Sunshine law from meeting together socially, provided that matters which may come before the board are not discussed at such gatherings. Q. What is a public record? A. The Florida Supreme Court has determined that public records are all materials made or received by an agency in connection with official business which are used to perpetuate, communicate or formalize knowledge. They are not limited to traditional written documents. Tapes, photographs, films and sound recordings are also considered public records subject to inspection unless a statutory exemption exists. Q. Can I request public documents over the telephone and do I have to tell why I want them? A. Nothing in the public records law requires that a request for public records be in writing or in person, although individuals may wish to make their request in writing to ensure they have an accurate record of what they requested. Unless otherwise exempted, a custodian of public records must honor a request for records, whether it is made in person, over the telephone, or in writing, provided the required fees are paid. In addition, nothing in the law requires the requestor to disclose the reason for the request. 2 Q. How much can an agency charge for public documents? A. The law provides that the custodian shall furnish a copy of public records upon payment of the fee prescribed by law. If no fee is prescribed, an agency is normally allowed to charge up to 15 cents per one-sided copy for copies that are 14" x 8 1/2" or less. A charge of up to $1 per copy may be assessed for a certified copy of a public record. If the nature and volume of the records to be copied requires extensive use of information technology resources or extensive clerical or supervisory assistance, or both, the agency may charge a reasonable service charge based on the actual cost incurred. Q. Does an agency have to explain why it denies access to public records? A. A custodian of a public record who contends that the record or part of a record is exempt from inspection must state the basis for that exemption, including the statutory citation. Additionally, when asked, the custodian must state in writing the reasons for concluding the record is exempt. Q. When does a document sent to a public agency become a public document? A. As soon as a document is received by a public agency, it becomes a public record, unless there is a legislatively created exemption which makes it confidential and not subject to disclosure. Q. Are public employee personnel records considered public records? A. The rule on personnel records is the same as for other public documents ... unless the Legislature has specifically exempted an agency's personnel records or authorized the agency to adopt rules limiting public access to the records, personnel records are open to public inspection. There are, however, numerous statutory exemptions that apply to personnel records. Q. Can an agency refuse to allow public records to be inspected or copied if requested to do so by the maker or sender of the documents? A. No. To allow the maker or sender of documents to dictate the circumstances under which documents are deemed confidential would permit private parties instead of the Legislature to determine which public records are public and which are not. Q. Are arrest records public documents? A. Arrest reports prepared by a law enforcement agency after the arrest of a subject are generally considered to be open for public inspection. At the same time, however, certain information such as the identity of a sexual battery victim is exempt. Q. Is an agency required to give out information from public records or produce public records in a particular form as requested by an individual? A. The Sunshine Law provides for a right of access to inspect and copy existing public records. It does not mandate that the custodian give out information from the records nor does it mandate that an agency create new records to accommodate a request for information. Q. What agency can prosecute violators? A. The local state attorney has the statutory authority to prosecute alleged criminal violations of the open meetings and public records law. Certain civil remedies are also available. Q. What is the difference between the Sunshine Amendment and the Sunshine Law? A. The Sunshine Amendment was added to Florida's Constitution in 1976 and provides for full and public disclosure of the financial interests of all public officers, candidates and employees. The Sunshine Law provides for open meetings for governmental boards. 3 Q. How can I find out more about the open meetings and public records laws? A. 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