HomeMy WebLinkAbout07282007Special RetreatQ7Y OF
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HOME OF PELICAN ISLAND
CITY COUNCIL
RETREAT
WORKSHOP
SATURDAY, JULY 28, 2007 - 9 AM
SEBASTIAN YACHT CLUB
820 INDIAN RIVER DRIVE
The City Council of
The City of Sebastian
Will Conduct
A Retreat Workshop
At the Sebastian Yacht Club, 820 Indian River
Drive, Sebastian,
on Saturday, July 28, 2007 Starting At 9 AM
to Discuss Charter Officers, Council Meeting
Operations, and Goals and Objectives
The Workshop is Open to the Public
Who Will Be Provided a Comment Period
at the End of the Workshop
No Formal Action Wili Be Taken
Any person who decides to appeal any decision made on any
matter ached upon subsequent to this workshop will need a
recorcl of the these proceedings & may need to ensure that a
verbatim record of the proceedings is made, (286.0105 f. s.)
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SE~~T~N
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HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
RETREAT/ WORKSHOP AGENDA
SATURDAY, JULY 28, 2007 - 9:00 A.M.
SEBASTIAN YACHT CLUB
INDIAN RIVER DRIVE
SEBASTIAN, FLORIDA
1. CALL TO ORDER -PLEDGE -ROLL CALL
2. CHARTER OFFICERS
1 (Charter Language Designation, Appointment and Removal Procedures)
a. City Clerk
i. Council Direction for Role/Function of City Clerk
ii. Evaluation Process
3-26 (Contract, Charter/Code Provisions, Duties List, Evaluation Criteria}
b. City Attorney
i. Council Direction for Role/Function of City Attorney
ii. Evaluation Process
27-44 (Contract, Charter Prevision, Evaluation Criteria)
c. City Manager
i. Council Direction for Role/Function of City Manager
ii. Evaluation Process
45-62 (Contract, Charter Provision, Evaluation Criteria)
3. COUNCIL MEETING OPERATIONS
a. Agenda Preparation/Prioritization
i. Examination/Definition of Headings (Coy)
63-78 (Currently Utilized Agenda Headings, R-07-18, Procedures Since 82)
ii. Minimize ProclamationslCertificates (Wolff)
79 (No. for 2006)
iii. Time Sensitive Issues (Coy)
b. Public Input Issues
81-83 (Hudson Article)
i. Reconsider Time Limit (Neglia)
ii. Move Introduction of New Business Further Upon Agenda (Paternoster)
c. Public Requests
i. Introduction of New Business from the Public vs. Presentations (Minner)
ii. Reconsider Sign-up Sheets (Maio)
85 (Indian River County Form)
d. Councillssues
i. Civility -Public and Council Expectations (Coy)
ii. Council Function -Business or Politics? (Coy)
e. Consensus vs. Voting
4. GOALS AND OBJECTIVES
a. Council Policy Directives
i. Annexation
ii. Affordable Housing (Simchick)
iii. Taxation
iv. Overlay Districts
v. General Service Expectations
b. Capital Projects
c. Short Term Goals
d. Long Term Goals
5. PUBLIC COMMENT
6. ADJOURN
Any person who decides to appeal any decision made on any matter ached upon subsequent to this workshop will Head a
record of the these proceedings & may need to ensure that a verbatim record of the proceedings is made,(286.0105 fs.)
CHARTER § 3.03
ARTICLE III. ADMINISTRATION AND LEGAL DEPARTMENTS*
DIVISION 1. GENERALLY
Sec. 3.01. Creation.
The city manager, city clerk and city attorney are designated Charter officers.
(Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-02, § 4, 1-27-93;
Ord. No. 0-06-14, § 1, 10-11-06)
Sec. 3.02. Appointment [of Charter officers].
The Charter officers shall be appointed by the city council and serve at the pleasure of the.
city council subject to the provisions of section 3.03 of this article.
(Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92)
Sec. 3 03. Removal of Charter officers.
(a) Any Charter officer maybe 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.
(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 of the hearing,
the suspended Charter officer shall be removed if the city council finds, by a vote of at least
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)
*Editor's note-Section 14 of Ord. No. 0-88-89, adopted January 11,1989, repealed former
Art. III, which contained §§ 3.01-3.05, and enacted a new article III to read as set out herein.
The repealed article pertained to similar provisions and derived from the Charter adopted by
Ord. No. 0-78-9 on October 19, 1978.
Supp. No. 40 CHT:13
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EMPLOYMENT AGREEMENT
THIS AGREEMENT made and entered into this o~~ day of October, 2000, by and
between the City of Sebastian, Florida, a municipal corporation (hereinafter referred to as "City")
and Sally A Maio {hereinafter referred to as `21+is. Maid'} pursuant to the foIlowing tennis and
conditions:
WHEREAS, the City desires to retain Ms. Maio as City Clerk of the City of
Sebastian; and
WHEREAS, the City expects Ms. Maio to perform all of the responsibilities and
obligations required of the City Clerk of the City of Sebastian pursuant to the City Charter,
Codes and Ordinances, and applicable State and Federal regulations; and
WHEREAS, the City desires to provide specified terms of employme~ for the position
of City Clerk; and
WHEREAS, Ms. Maio is desirous of entering into an employment relationship with
the City of Sebastian to perform the services required of City Clerk;
NOW THEREFORE in consideration of the mutual covenants contained herein, the
City and Ms. Maio hereby agree as follows:
L APPOINTMENT
1. The City hereby appoims Ms. Maio as the City Clerk of the City of Sebastian,
effective as of 8:00 a.m., October 12, 2000, subject to all terms and conditions of this Agreement.
The City confers upon Ms. Maio all powers, duties and responsibilities as prescribed and
permitted by the laws of the State of Florida, the City Charter, Ordinances and other Codes of the
City of Sebastian.
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II. TERM OF EMPLO1rMENT
2. This Agreement shall become effective upon execution thereof by the last party
signing the same, and continue in effect until terminated pursuant to the terms of Section VII
hereof.
III. COMPENSATION AND BENEFITS
3. Salary - Ms. Maio's salary for the initial period of this Agreement shall be 547,500
per year payable in bi-weeky instailmerts.
4. Insurance -The City hereby agrees to provide and pay for health, vision and dental
insurance for Ms. Maio and her dependeMs_ Said insurance benefits are to be the same as those
available for all other full-time City of Sebastian employees and are subject to change if said
benefits are changed for all other City of Sebastian employees.
5. Retirement -The City agrees to cortribute to its 40Ia program, or any new equivalem
or enhanced retirementldeferred compensation program instituted by the City an behalf its
employees, an amount equivalent to a set percentage of her annual salary, said percenrtage amount
being determined by matching the highest percentage amount being contnbuted on behalf of air
full-time exempt employee.
6. Vacation - Ms. Maio shall be provided vacation leave at the anmial rate of 160 hours
accrued on a pro-rata basis weekly. Upon tennuiation of employment with the City, Ms. Maio
shall be entitled to compensation for all accrued vacation time.
7. Sick Leave - Ms. Maio shall be provided sick leave at the annual rate of 9G hours
accrued on a pro-rata basis weekly, however, said amount shad be increased to a matching accrual
rate if any other employee of the City is provided sick leave at a higher rate. Upon termination of
employment, IVIs. Maio shall be entitled to compensation for all accrued sick leave.
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8. Disability - Ms. Maio shall be provided disabr7r'ty benefits to a degree equivalent or
superior with that provided arty other employee of the City.
9. Profes~onal Associations -The City agees to budget, to the extent funds are
available, for paymerrt of dues, subscriptions and educational seminars related to the scope of
Ms. Maio's responsrbilities and duties as City Clerk.
10_ Business Expenses- The City agrees to reimburse Ms. Maio for all expenses
incurrerd by Ms. Maio directly related to the performance of her duties as City Clerk. This
provrsion however, shall not be construed to require the City to reimburse Ms. Maio for
expenses which would not otherwise be authorized pursuant to Florida Statutes, City Charter or
Ordinances ofthe City of Sebastian.
1 I , Uther benefits - Ms. Maio shall be entrtied to other benefits as from time to tune
may be afforded all other full-time employees of the City of Sebastian.
IV. REVIEW AND EVALUATION
12. Evaluation -Upon completion of the first (12) month period of employment Ms.
Maio shall be reviewed by the City Council as to her performance. At said time and on each
anniversary date of her employment thereafter, the City Council shalt evaluate Ms. Maio's
performance and may as appropriate increase the salary and benefits of Ms. Maio in a mamrer
consistent with her performance. Any increases in salary or benefits shall be at the sole discretion
of City Councr7.
13. Cost-of-Living Raises - Ms. Maio shall receive cost-of-living or any such
similar generalized raises consistent with those provided to other exempt employees of the City.
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V. RESIDENCY
14. Ms. Maio agrees to remain a residem of the City of Sebastian during the term of
this Agreement.
vi. x~rt.U-~E .E1v~ioxlv~NT
15. Ms. Maio shall undertake her duties on a full-time basis and shalt devote her
complete efforts to the business of the City.
lb. As part of her duties, Ms. Maio shall attend public me~e#ir-gs, hearings and
workshops of the City Council, and meetings of other boards as is in the best interest of the City.
17. Ms. Maio, within sound discretion, shall devote such hours as are reasonably
required to properly fulfill her obligations under this Agreement and her duties as City Clerk.
VII, TERMINATION -
18. The term of this Agreement notwithstanding, either party shall have the right to
terminate this Agreement upon providing written notice of termination to the other party. This
provision notwithstanding, however, the City may only terminate the Agreement without cause if
it pays to Ms. Maio an amount equal to three months of her current annual salary. Ms. Maio may
terminate this Agreement upon furnishing the City one month's written notice.
19. Notwithstanding any provision of this Agreement to the contrary, the City may
terminate Ms. Maio, with cause, pursuant to the terms of the City Charter.
20. If Ms. Maio is terminated for cause, the City shall not be obligated to pay Ms.
Maio the additional compensation set forth in Paragraph 18 hereof.
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VIII. INDEMNIFICATION
21. Subject to arty limitations imposed by Florida law, the City shall defend, save
harmless and indemnify Ms. Maio against arty tort, professional liability claim ar demand or other
legal actioq whether groundless or otherwise, arising out of an alleged act or omission occurring
out of Ms. Maio's ailing within the course and scope of her duties as City Gerk.
IX. GOVERNING LAW
22. This Agreerrrent shall be subject to and governed by the laws of the State of
Florida and venue for its enforcement shall be in Indian River County, Florida.
X, MODIFICATIONS
23. No provision of this Agreemenrt may be changed or modified except by written
agreement executed by both parties hereto.
XL ENTIRE AGREEMENT
24. This Agreement constitutes the entire Agreement between the parties and contains
all the Agreemems described herein between the parties with respect to the subject matter hereof.
Said Agreement supersedes any and all other Agreements, either oral or in writing, between the
parties hereto with respect to the subject matter of this Agreement.
7LIL NOTICES
25. All notices or other commurrications provided for herein shall be validly served if in
writing and delivered personally, or sent by registered or certified mail, postage prepaid, return
receipt requested, to the hereinafter designated address: (or at such other address which shall be
specified by like notice):
To the Employer: City of Sebastian, Attn: City Mayor
1225 Main Street
Sebastian, Florida 32958
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To the Employee: Sally A. Maio
?73 Jordan Avemie
Sebastian, FI, 32958
IOII. HEADINGS
26. The headings in this Agreement are for purposes of reference only and shall not
linrit or otherwise affect the meaning hereof.
XiV. ENFORCEMENT
27. In the event that it should become necessary for either party to retain the services
of an attorney to enforce the terms of this Agreement, the prevailing party in any litigation which
is brought on this Agreement shall be awarded all of its costs and expenses including but not
limited to a reasonable attorney's fce. This provision shall apply to such expenses incurred at the
trial and all appellate' levels, without respect to who is the initiating party and shall apply to an
action for declaratory relief if the party instituting it asserts specific contentions concerning the
Agrcemeut which are filed upon by the Court.
IN ~VI'TNESS WHEREOF, the City of Sebastian has caused this Agreement to be
executed by its Mayor and duly attested by its City Clerk, and Sally A. Maio has exec this
Agreement, as of the day and year first above written.
City of Sebastian,
a Florida. municipal corporation
Walter Barnes, Mayor
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Sally A 'o
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ATTEST:
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for Sally A. Maio, CMC SAC d°6T13~~
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
:~ t
Ric Stringer, City orney
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§ 3.04 SEBASTIAN CODE
Sec. 3.04. City manager; powers and duties.
(a) The city manager shall be the chief administrative officer of the city.
(b) The city manager, when necessary, shall appoint, suspend, demote, or dismiss any city
employee under his jurisdiction in accordance with the law and the personnel rules of the city
and may authorize any department head to exercise these powers with respect to subordinates
in his respective department.
(c) The city manager shall direct and supervise the administration of all departments of the
city except the offices of the city clerk and city attorney. He shall attend all city council
meetings unless excused by city council and shall have the right to take part in discussions, but
not vote.
(d) The city manager shall see that all laws, Charter provisions, ordinances, resolutions,
and other acts of the city.. council subject to enforcement by the city manager are faithfully
executed.
(e) The city manager shall also prepare and submit the annual budget, budget message,.
and capital program to the city council and shall keep the city council fully advised as to the
financial condition and future needs of the city, an~ shall make such recommendations to the
city council concerning the affairs of the city as he deems desirable. The city council shall adopt
the annual budget, millage rate and capital program, as presented or as modified, by
resolution.
(f) The city manager shall designate a qualified city employee to exercise the powers an~
perform the duties of city manager during any temporary absence or disability of the city
manager. The city council may revoke such designation at any time and appoint another
eligible person, other than a sitting council member, to serve as acting city manager.
(g) The city manager, as authorized by the city Charter, the Sebastian Code of Ordinances,
or by the direction of the city council, shall sign all contracts, bonds, debentures, franchises
and official documents on behalf of the city, which shall also be attested by the city clerk.
(Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29; § 1, 1-8-92; Ord. No. 0-91-30, § 5, 1-8-92;
Ord. No. 0-99-23, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-99-30, § 1, 11-3-99, election of
3-14-00) _
Sec. 3.06. City clerk.
The city clerk shall give notice_ of city"council meetings to its members and the public, keep
the journal of its proceedings and perform such other duties as are assigned to the clerk by this
Charter or by the city council.
(Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92)
Supp. No. 40
CHT:14
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ADiV1I~TISTIi:ATION § 2-10
ARTICLE I. IN GENERAL
Sec. 2-1. Seal.
The official seal of the city as established in this Code shall bear the legend "City of
Sebastian, Sebastian, Florida, Seal."
(Code 1980, § 2-
Sec. 2-2. Powers and duties of city clerk.
The city clerk shall perform the duties of clerk of the council, and receive all minutes and
documents from all boards, commissions or committees appointed by the city manager and/or
the city council, and in that capacity shall give notice of city council and other meetings to its
members and the public, keep the journal of its proceedings, and shall keep and maintain all
official documents for the city. In addition, the city clerk is designated as the city's records
management liaison officer, city supervisor of elections and such other and additional. duties as
are assigned to the city clerk by the Charter or by the city council. The city clerk shall have
such powers as are confirmed by the Charter, this Code of Ordinances and by the Florida
Statutes, as presently constituted or hereafter amended.
(Code 1980, § 2-2; Ord. No. 0-01-05, § 1, 2-14-2001)
Charter references-Authentication, recording and codification of ordinances, § 2.15; city
clerk, § 3.05.
_ Cross reference-Employee benefits, § 2-136 et seq.
Sec. 2-3. City engineer.
The office of city engineer shall be held by a person who is a registered engineer in the state.
The city engineer shall be appointed by the city manager.
(Code 1980, § 2-3)
Secs. 2-4-2-9. Reserved.
Editor's note-Formerly, § 2-4 pertained to personnel procedures, derived from the 1980
Code, § 2-4. Such section was deleted by Ord. No. 0-99-13, § 1, adopted Sept. 22, 1999.
Sec. 2-10. Procurement of goods and services.
(a) Applicabilih~. Except as spxificall~ set forth herein. air pr~c-::rements for g3ods and
sen-ices far the ~^- ~,•''_ .a'? ::~de* -.~ •.~t^~,ate -e~:^~tc- ~ ~e c~a-ter ~cer utilizing
the good` or ser~zces ~ he: ~einafter caned the "purchasa~ amcer' ~. and shall be effected in
accordance with this section.
(b) Purchasing thresholds. Any request for the purchase of materials, equipment, services
and supplies unless otherwise exempt under this section is subject to competitive bid
procedures as follows:
(1) Up to $2500.00-Purchasing offiicer or their designee may authorize purchase.
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Charter Provisions Relative to City Clerk
2.06 (b) -Attests all documents signed by Mayor
2.10 -Council shall not dictate appointment or removal or give orders to any employee
other than charter officer -shall implement all policies through charter officers
2.12 -Charter officers can call special meeting in emergency
2.15 (a) -Authenticate and record in full in a properly indexed book kept for such
purpose all ordinances and resolutions adopted by the city council.
3.01(b) -Designated as Charter Officer
3.02 -Serves at pleasure of Council
3.03 -Can be removed with or without cause pursuant to terms of employment
agreement by majority vote of city council. Procedures for removal are set out in 3.03.
3.04 (c) -City Manager shall direct and supervise all departments except offices of city
clerk and city attorney
3.04 (g) -Shall attest all documents signed by city manager, as authorized by the city
Charter, the Sebastian Code of Ordinances, or by direction of the city council
3.05 -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.
4.02. -Shall qualify council candidates
4.07 -City council, in conjunction with the city clerk, shall make all arrangements for
holding all city elections and shall declare the results thereof
4.08 (a) -When County not conducting election, city clerk shall appoint a city
canvassing board -one (1) member city clerk, one (1) member city attorney, and the
remaining member appointed by the city clerk. The city clerk shall act as chairperson of
the city canvassing board. Certificate of canvassing board placed on file with city clerk.
4.08 (b) -Shall administer oath of office to newly elected council members
4.13 -Receives written charges, prior to opening of the meeting in which election results
are declared, that specifies an alleged violation of this provision by candidate having
been elected
4.14 -Shall have the power to fill the vacancies until successors are elected in event of
no sitting council
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Code Provisions Relative to City Clerk
2-2 - clerk of the council
receive all minutes and documents from all boards, commissions, or committees
appointed by the city manager and/or the city council
gives notice of city council and other meetings to its members and the public
keeps journal of its proceedings
keeps and maintains all official documents for the city
designated as the city's records management liaison officer
designated as city supervisor of elections
such other and additional duties as are assigned to the city clerk by the Charter
or by the city council and shall have such powers as are confirmed by the
Charter, this Code of Ordinances and by the Florida Statutes, as presently
constituted or hereafter amended
2-10 -may procure goods and services as set out in chapter 2 as charter officer
(purchasing agent)
2-33 -shall receive items to appear on the agenda for the regular city council meeting at
a time designated by the council, preceding the council meeting.
2-34 -receives written notice of council members declining $300 per month expense
account
2-168 -prepares twice per year advertisement of boards in newspaper -not specific to
City Clerk but we do it.
2-169 -announces board vacancies in newspaper
2-172 -provides service of hearing to all committee members subject to removal for
certain infractions (not non-attendance) and then receive requests for ahearing -record
hearings
2-232 -Shall provide secretarial services to the Charter Review Committee.
26-1 -Retains copy of current federal flood insurance rate maps for inspection by public.
(We direct public to GMD)
26-31 -Retains copies of Florida Building Code, Florida Fire Prevention Code, Standard
Unsafe Building Abatement Code, Southern Building Code Congress, 1985 edition for
public inspection. (We direct public to Building Department)
26-40 -Receives written appeals to city council for decisions of construction board.
34-3 -Cemetery sexton and City clerk shall keep cemetery records
34-18 -Receives requests for special considerations for cemetery markers.
34-26 -Notifies owner of cemetery interment site or his estate or last known relative by
certified mail or registered mail of any violations -sends copy of the rules and
regulations with the specific items underlined in reference to the alleged violations; and a
brief letter notifying them of the appropriate action against the violator should the
violation remain uncorrected beyond a reasonable period of time.
34-53 -Vault company and/or contractor (gravedigger) notifies city clerk or other official
of any problems that may be encountered.
38-2 -Furnishes oaths for election qualifying
33-26 -Provides form to cable franchisee to notify subscribers of proposed rate
increases. (Deregulation of cable franchises kind of makes this whole section moot)
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39-41 -Receives appeals of permit denial, revocation or suspension (alarms). Receive
appeals of decisions of alarm administrator to the special magistrate from alarm users or
applicants (this should be changed to City Aftorney)
42-47 -Retains copy of Life Safety Code, NFPA 101
66-5 -Receives requests for hearings before Special Magistrate. (this should be
changed in keeping with Code Enforcement move to GMD and administered by City
Aftorney)
78-26 -Retains copy of Comprehensive Plan.
90-37, 90-61, 90-63 and 90-65- Street Opening permits and extensions -issues
permits upon receipt of deposit and issue extensions (this needs to be changed -this is
a function of the Engineering Department)
90-130 -sends copies of resolutions vacating easements for recording
94-28 -Receives public service taxes on or before the 20th of each month (this needs to
be changed -this is a function of the Finance Department)
98-8 -Maintains list of one way streets as adopted by resolution
102-52 and 102-55 -Receives applications for utility franchises and then submits to
council -advertises hearings before Council
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LDC Provisions Relative to City Clerk
LDC Sec. 54-4-19.5 -Subdivision procedures
^ Receive ten copies of plat and two reproducible mylars
^ attest mayor signature on final plats
^ record final plat upon receipt of completion certificate signed by city engineer and
growth management
^ provide copies of the recorded plat to planning and growth management
LDC 54-1-2.4 -Appeals to Planning and Zoning decisions.
^ Ensure due public notice consistent with 1-2.8
^ Prepare written council order and attest the order
^ Ensure public notice in event of submittal of request for waiver due to changed
conditions
LDC 54-2-7.11 Moving of structures larger than 500 square feet.
^ Receive bond in an amount not to exceed $10,000
LDC 54-3-16.5 Subdivision entrance signs.
^ Receive property owners signed authorization consenting to placement on
property
LDC 54-1-2.5 Board of Adjustment.
^ Receive all records and minutes for filing
LDC 54-2-7.15 Land Excavation or fill.
^ Receive appeal for notice of suspension and forward to council for consideration
of hearing
LDC 54-2-6.4 Conditional Uses -guest houses
^ Record legal document in form acceptable to city attorney setting forth limitations
on use of site -fees to be provided by property owner
Revised 7/17/07
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CITY CLERKS OFFICE
Primary Duties List
City Clerk
Deputy City Clerk
Records Program Manager
Administrative Secretary - Lobby Reception Area
Airport Records Receive and maintain index of all airport files and leases in Records Program
coordination with Airport Director and Airport staff Manager
Asset/Inventory List Keeps City Clerk and City Council asset inventory list up to Records Program
date and coordinates with Finance Manager
Attest City Documents Sign and seal all official documents of the City signed by City Clerk
Mayor or City Manager in accordance with Charter
Boards/Appointments/ Appointments, transmittals, advertising press releases, Deputy City Clerk
posting on front board, certificates, financial disclosure,
Orientation/Handbook updating and distributing board handbook pages -orientation
for new appointees
Board of Adjustment Board secretary/agendas/recording/minutes Deputy City Clerk
or City Clerk
GMM provides backup and notices hearings
Budget Prepares and submits annual budget for City Clerk and City Clerk
Council
Calendar (Monthly) Preparation, distribution to staff, posting on board and Administrative
coordination with MIS Technician for placement on website Secretary or City
and Channel 25 Clerk
Catalogue List of Maintains list of council agenda items on annual numerical Deputy City Clerk
Council Agenda Items list -utilizes assigned numbers as item progresses through
the year - provides a complete list to council at year end
Cemetery Sales and Primary responsibility for preparation of certificate of Administrative
Records ownership and other cemetery records -coordinates with Secretary
Cemetery Sexton -maintains records books and input of
records into cemetery database -lot sales
Records Program
Manager
Scanning of cemetery records w/volunteers
City Seal Custodian of City seal -seal all official city documents City Clerk
Code of Ordinance e-mail amending ordinances to MCC -oversees distribution Deputy City Clerk
Supplementation of code supplements
Council agenda review Reviews draft agenda and agenda items with City Manager City Clerk
and City Attorney -directive from Council
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Council agendas and Finalizes agenda and assembles packets for council, City Deputy City Clerk
packets Manager, City Attorney, staff ,press and front counter in
paper or electronic format as appropriate -provides Press
with condensed agendas for Sebastian page
Records Program
Records Manager scans and distributes to staff and MIS for Manager
City website
Council Chamber Maintains schedule -updates calendar and distributes when Administrative
scheduling necessary Secretary
Council meeting Prepares chambers for Council meetings Deputy City Clerk
preparation
Council minutes Attends all Council Meetings and takes minutes City Clerk and/or
Deputy City Clerk
Council Meeting Action Completes transcription of Minutes City Clerk or
List and Follow up Deputy City Clerk
Coordinated effort to prepare action list -Deputy Clerk to
finalize and oversee its completion Deputy City Clerk
Records Program Manager to scan and file backup Records Program
Manager
appropriately
Council Makes reservations for Council travel -prepares Deputy City Clerk
Education/Travel reimbursement transmittals for Council and provides
paperwork to Finance for reimbursement
Deeds and City Property Receives and inserts all recorded city property deeds on Records Program
Files master list and in notebook in safe -maintains city property Manager
files
Education/Travel Each staff member coordinates their own travel All
arrangements
Elections/Election City Elections Official -Canvassing Board Chairperson -
Documents prepares elections schedule, candidate handbook, receives City Clerk
qualifying papers, fees, reports, advertises, etc. -swears in
elected officials -conducts Council orientation -coordinates
with SOE -assists with early voting for IRC
E-Mail Opens City e-mail in outlook and forwards to appropriate Administrative
Secretary
departments -responds when necessary
Emergency Member of committee to establish a plan to prepare for Records Program
Manager
Management Committee public emergencies
Equipment Loan Signs out equipment for use by other departments Records Program
Manager
Filing (General) Files City Clerk and Legislative records -coordinates with Records Program
other departments to provide retention area Manager
Final Plat Recording Recording of final plats with Clerk of Court once fully Deputy City Clerk
executed by all parties
Financial Disclosure - Provides Form 1 and Form 1 F to appropriate board members Deputy City Clerk
Annual Reports to -reviews, updates and files annual reports to Commission on
Commission on Ethics Ethics relative to city board members and staff
InternetlWeb Site Clerks Receives updates from Clerk's staff and coordinates with All
Page Upgrades MIS to submit updated Clerks' pages
Laserfiche Imaging Scans all permanent and some long term records into Records Program
Program Laserfiche -coordinates with MIS and MCCi for upgrades to Manager
Laserfiche program -researches software for future needs
Works with MIS on Laserfiche Weblink on City website
Coordinates loaning of the mobile system to departments in
cooperation with MIS -Conducts city staff training when
necessary
Legislative Support Provides information and updates to Council as necessary - City Clerk
keeps minutes and all official records -reviews all agenda
items -Corporate secretary -
Deputy Clerk assists with Council travel arrangements and
maintains list of liaison appointments and acts as Clerk in her
absence
Mail Receives, posts and distributes all City mail and distributes to Administrative
all departments -takes city mail to post office at end of day Secretary
Maintenance Contracts Maintains maintenance contract information in a table and Records Program
assures it is up to date Manager
Natural Resources Takes and transcribes meetings minutes -prepares agendas Records Program
Board and assists with activities such as Arbor Day and Earth Day Manager
Notary Services Notarize official city documents as needed All except RPM
Oath of Office Administer oath of office to Council members elect City Clerk
Oath of Office Administers oaths to Police Officers (notarizes) City Clerk or
Deputy Clerk
Payroll Gathers staff payroll sheets for Clerk signature and City Clerk
submission to Finance Dept. on Monday before payday
Phone Receives all incoming calls to main City Hall number 589- Administrative
5330 and forwards them to appropriate departments -one Secretary
hour per day puts phone on automatic answering
Proclamation Prepares proclamations as requested -coordinates with Administrative
Preparation recipients and Deputy clerk for placement on agendas Secretary
Public Hearing Advertises public hearings and other legal notices as Deputy City Clerk
Advertising necessary re: legislative matters (Land related matters
prepared by GMD)
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Public Records Administers public records requests -coordinates with Records Program
Requests departments to obtain requested records in accordance with Manager
FS 119 -stays current on public records law relative to
exempt and confidential records
Purchasing Office Primary responsibility is to make sure that there are toner All
Supplies from Office cartridges stored for the fax machine, copy machine and
Depot, Cartridge mart printer and order replacements when necessary.
and other office
equipment suppliers Primary person to do office supply ordering
Records Program Oversees City Records Retention Program in Accordance Records Program
with State Law -Coordination with Department Liaisons - Manager
Destruction of Records -Provides training for City employees
when needed
Recording City Records city documents -coordinates with Finance to obtain Deputy City Clerk
Documents checks and mails them to Clerk of Court for recording
Requisitions/
Purchasing Prepares requisitions for office purchases when needed - All
Maintenance Contracts stamps invoices for payment for submission to Finance -files
copy in appropriate line item folder (can be signed only by
Clerk or Deputy if under certain amount)
City Clerk and
MUNIS Coordinate with Finance Dept. utilizing MUNIS software Deputy City Clerk
RMLO Assigned as Records Management Liaison Officer for City of City Clerk
Sebastian in accordance with FS and Code of Ordinances
Signs off on annual report to Division of Archives and
Records Management
Final sign-off on destruction of City records
Tape Requests Takes requests for audio tapes and DVD copies from public Records Program
and staff Manager
Vehicle Records Maintains log of city vehicles Admin Secretary
Vital Records Program Establishes and coordinates vital records program for city Records Program
Manager
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CITY OF SEBASTIAN
CITY CLERK EVALUATION
Subject: Explanation of City Clerk Evaluation Form
The enclosed Evaluation Form has been prepared for the City Council of the City of
Sebastian, Florida. The form includes four (5) major sections or areas of evaluation
with criteria under each section as follows:
Section I Relations with the Governing Body.
Section II Office Management/Professionalism
Section III Relations with the Public
Section IV Legislative/Legal Relations
Section V General Comments
Procedures:
At the top of the first page of the evaluation form there is a rating scale that provides the
basis for evaluating each of the twenty-nine (29) criteria, which are included under the
five major sections or areas. The scale ranges from "Does Not Meet Expectations", at
the bottom of the rating scale, to "Exceeds Expectations", at the top of the rating scale.
Numerical values are assigned to the scale ranging from #1 through #5, with #1
corresponding to "Does Not Meet Expectations", and #5 corresponding to "Exceeds
Expectations", and #3 corresponding to "Meets Expectations", and is the midpoint of the
rating scale.
Each section should be reviewed as to the area being evaluated and each item scored
independently. At the end of each area there is a comment section where the evaluator
can document achievements accomplished by the City Clerk or areas that .need
improvement. In this area you are looking for strengths and weaknesses. In finalizing
the evaluation it is recommended that you not add the twenty-nine (29) criteria that have
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been recorded under the five (5) major sections or areas to arrive at an average score.
You are not looking for an averaged combined score.
NOTE:
(It is recommended that each evaluator keep a record of accomplishments or areas of
concern that, are observed over the rating period so as to have a ready reference of
material to refer to when preparing the annual evaluation. This would allow for a fair and
impartial evaluation to take place).
The last page of the evaluation form provides for an "overall" rating entry for City
Council members to record their comprehensive view or impression of the City Clerk's
performance using the rating scale as justification. This is the section where the
evaluator can document their suggestions for overall improvements, contentment of
work performed and recommend a salary increase if warranted.
The following suggestions for conducting the actual evaluation are offered for your
consideration. The evaluation form will be distributed to the members of the City
Council one (1) month prior to the anniversary date of the City Clerk. The City Council
should be able to complete the evaluation in four (4) weeks. They should then return it
to the Department of Human Resources. Each Charter officer will receive a 3%
increase on his/her anniversary, and if any Council member wants to give more or less
they can place it on an agenda on a voice vote of 5-0.
The Performance Evaluation should be returned to the Department of Human
Resources in the allotted time frame. If a Council Member is unable to return the
evaluation to Human Resources in the time allotted they should notify the Director of
Human Resources at 388-8202 to advise of the delay.
CITY OF SEBASTIAN
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CITY CLERK EVALUATION
1 2
I
I I_
Does not
meet Expectations
3 4
I
I_
Meets
Expectations
5
I
Exceeds
Expectations
I. RELATIONS WITH THE GOVERNING BODY
PROVIDING INFORMATION
1.
2.
3.
4.
5.
6.
Prepares carefully for Council Meetings.
Is responsive to concerns of the City Council.
Follows up promptly on requests from Council Members.
Anticipates problems affecting Council and takes or recommends
appropriate action
Prepares agenda packages that are clear, neat and concise.
Agenda information is complete, accurate and within the prescribed
guidelines.
Comments:
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II. OFFICE MANAGEMENT/PROFESSIONALISM
1. Delegates responsibility and authority to subordinates.
2. Implements and supports city policies fully.
3. Interprets Council policies to staff.
4. Prepares departmental budget (Clerk and Council) and effectively explains
and defends budgets to the Council.
5. Is adept in personnel management.
6. Conducts employee relations skillfully.
7. Is effective in short and long range planning. _
8. Anticipates problems and is effective in preventive actions. _
9. Engages in activities to promote own professional growth and
development through classes, training programs, workshops, etc. _
10. Develops and implements plans to meet departmental objectives and
organizes available resources to achieve those objectives. _
11. Judgments, actions and decisions are sound. _
12. Takes the initiative to establish new programs or procedures without
prompting. _
Comments:
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.III. PUBLIC RELATIONS
1. Handles media relations tactfully and skillfully.
2. Maintains good relations with local government leaders.
3. Deals tactfully, courteously and efficiently with the public.
4. Directs/monitors public relations, training and conduct of staff
members.
5. Provides general information to the public with regard to city events,
meetings and vacancies on city boards.
Comments:
IV. LEGISLATIV/LEGAL RELATIONS
Is knowledgeable and up-to-date in legislative process and municipal law,
trends and developments.
2. Is effective in working with state and local legislative leaders.
3. Working closely with the City Attorney on matters relating to
City Code Ordinances preparation, actions against the City, and other
Legal legislative matters.
4. Arranges for city elections, legal advertisements and dates of advertising
within established guidelines.
5. Retains city records as outlined by state retention laws.
Comments:
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V. GENERAL COMMENTS
List any goals, achievements, or objectives (strengths and weaknesses) that you have
observed of the City Clerk over the past year. (If more room is needed to document
continue on the back page).
1.
2.
3.
4.
5.
6.
Overall Rating _
(Considering all items above)
Recommendation:
A performance salary increase should be granted. Percentage
A salary increase should not be given at this time, employee should be
re-evaluated in days.
A salary increase is not recommended at this time.
Print Name (Evaluator) Signature of Evaluator
Date
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AMENDMENT TO EMPLOYMENT AGREEMENT
This Agreement between the CITY OF SEBASTIAN, a Florida municipal
corporation, and RICH STRINGER amends that certain EMPLOYMENT AGREEMENT
between the parties dated October 26, 1998, (hereinafter called the "AGREEMENT"),
and provides that
IN AND FOR CONSIDERATION of the mutual benefits provided herein and
the continuation of the consideration of the AGREEMENT, the receipt and sufficiency of
which is hereby acknowledged by the parties, it is agreed:
Paragraph III.4. of the AGREEMENT is amended to read as follows:
Mr. Stringer shall accrue vacation benefits at the rate of 4.615 hours per bi-
weekly pay period. Upon termination of employment with the City, Mr. Stringer
shall be entitled to full compensation for all accrued vacation time as additional
salary.
2. Paragaph III. 5. of the AGREEMENT is amended to read as follows:
Mr. Stringer shall accrue sick leave at the rate of 3.692 hours per bi-weekly pay
period. Upon termination of employment with the City, Mr. Stringer shall be
entitled to full compensation for all accrued sick leave as additional salary.
3. The final sentence of Paragraph VII. 1. of the AGREEMENT is amended
to read as follows:
Mr. Stringer may terminate this Agreement upon furnishing the-City thirty (30)
days written notice.
4. All remaining terms of the AGREEMENT shall continue in full effect.
AGREED to this / ~~' day of June, 2003.
CITY OF SEBASTIAN, FLORIDA
By: I/u GWY'~ _
Mayor Walter Barnes
ATTEST:
~~
Sally A. io, CMG City Clerk
EMPLO
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Rich Stringer
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EMPIAYMENT AGREEMENT
THIS AGREEMENT made and entered into this day of October, i 99$ by and
between the City of Sebastian, Florida, a municipal corporation (hereinafter referred to as "City")
and Rich Stringer {hereinafter referred to as "Mr. Stringer") pursuant to the following terms and
conditions:
WHEREAS, the City desires to retain Mr. Stringer as City Attorney of the City of
Sebastian; and
WHEREAS, the City expects Mr. Stringer to perform all of the responsibilities and
obligations required of the City Attorney of the City of Sebastian pursuant to the City Charter,
Codes and Ordinances, and applicable State and Federal regulations; and
WHEREAS, the City desires to provide specified terms of employment for the position
of City Attorney; and
WHEREAS, Mr. Stringer is desirous of entering into an employment relationship with
the City of Sebastian to perform the services required of City Attorney;
NOW THEREFORE in consideration of the mutual covenants contained herein, the
City and Mr. Stringer, hereby agree as follows:
I. APPOINTMENT
The City hereby appoints Mr. Stringer as the City Attorney of the City of Sebastian,
effective as of 8:00 a.m. of the Monday following approval of this Agreement by the City
Council, subject to all terms and conditions of this Agreement. The City confers upon Mr.
Stringer all powers, duties and responsibilities as prescribed and permitted by the laws of the
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State of Florida, the City Charter, Ordinances and other Codes of the City of Sebastian.
II. TERM OF EMPLOYMENT
'This Agreement shall become effective upon execution thereof by the last party signing
the same, or as of 8:00 a.m. of the Monday following approval of this Agreement by the City,
whichever shall occur first, and continue in effect until terminated pursuant to the terms of
Section VII hereof.
III. COMPENSATION AND BENEFITS
1. Salary - Mr. Stringer's salary for the initial period of this Agreement shall be $60,000
per year payable in bi-weekly installments of $2,307.69.
2. Insurance -The City hereby agrees to provide and pay for health and dental insurance
for Mr. Stringer and his dependents. Said health/dental benefits are to be the same as those
available for all other City of Sebastian full-time exempt employees and are subject to change if
said benefits are changed for all other City of Sebastian hill-time exempt employees.
3. Retirement -The City agrees to contribute to a City's 457 Retirement Plan on behalf
of Mr. Stringer an amount equivalent to a set percentage of his annual salary, said percentage
amount being determined by matching the highest percentage amount last contributed to a City
457 Retirement Plan on behalf of any full-time exempt employee. This amount is to be paid in
addition to any required FICA contribution paid by, or any new retirement program instituted by,
the City on behalf its full-time exempt employees.
4. Vacation - Mr. Stringer shall accrue vacation benefits at the same rate provide to all
full-time exempt employees of the City. Upon termination of employment with the City, Mr.
("24
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Stringer shall be entitled to compensation for accrued vacation time not to exceed twenty (20)
days.
5. Sick Leave - Mr. Stringer shall accrue sick leave at the same rate provided to aII other
full-time exempt employees of the City. Upon termination of employment, Mr. Stringer shall be
entitled to compensation for accrued sick leave the same as all other full-time exempt
employees.
b. Disability - Mr. Stringer shall be provided disability benefits to the same degree as
provided all other full-time exempt employees of the City.
7. Professional Associations -The City agrees to budget, to the extent funds are
available, for payment of dues, subscriptions and educational seminars related to the scope of
Mr. Stringer's responsibilities and duties as City Attorney.
8. Business -The City agrees to reimburse Mr. Stringer for all expenses incurred by Mr.
Stringer directly related to the performance of his duties as City Attorney. This provision
however, shall not be construed to require the City to reimburse Mr. Stringer for expenses
which would not otherwise be authorized pursuant to Florida Statutes, City Charter or
Ordinances of the City of Sebastian.
9. Discretionary Time - In addition to accrued vacation time, Mr. Stringer shall be
entitled to discretionary time consistent with the employment policies of the City as established
and modified from time to time.
10. Other benefits - Mr. Stringer shall be entitled to other benefits as from time to time
maybe afforded all other full-time exempt employees of the City of Sebastian.
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iv. )<tEV)[Ew A1y>d EVALUATION
1. Evaluation -Upon completion of the first (6) month period of employment Mr.
Stringer shall be reviewed by the City Council as to his performance. The City Council may as
appropriate increase the salary and benefits of Mr. Stringer in a manner consistent with his
performance evaluation. A determination by the City Council not to increase Mr. Stringer's
salary or benefits shall not constitute a breach of this Agreement. Any increases in salary or
benefits shall be at the sole discretion of City Council. Subsequent performance evaluations shall
be conducted on an annual basis from the first six month evaluation and then thereafter.
2. Cost-of-Living/Merit Raises - Mr. Stringer shall receive cost-of-living or any such
similar generalized raises consistent with those provided to other full-time exempt employees of
the City.
V. RESIDENCY
Mr. Stringer agrees to become a resident ofthe City of Sebastian within six (6)
months of the effective date of this Agreement.
VL TRANSITION TO FULL-TIME
1. For the first two weeks following his appointment as City Attorney, Mr. Stringer
shall attend all public meetings of the City as delineated below and will spend at least two days
per week in the office at City Hall.
2. After the transition period .set forth in paragraph one above, Mr. Stringer shall
undertake his duties on a full-time basis, however, the parties acknowledge that there are three to
i
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five legal matters to be concluded from 11/Ir. Stringers previous practice, none of which have any
connection with the City of Sebastian or issues affecting the same, which may from time to time
require Mr. Stringers attention during the early months of his tenure. Other than these matters,
Mr. Stringer shall devote his complete legal efforts to the business of the City. However, nothing
herein shall prevent Ivlr. Stringer from participating as a referring attorney in accordance with
accepted practices of the Florida Bar, or from participating as an expert witness, in matters not
involving the City.
3. As part of his duties, Mr. Stringer shall attend all public meetings, hearings and
workshops of the City Council, as well as Planning and Zoning Commission, Code Enforcement
Board, and Board of Adjustment meetings. Although it is not anticipated, if lvlr. Stringer is
required to miss any such meeting in the course of concluding matters from his prior practice, he
shall be responsible for providing and compensating any substitute counsel needed for such
meeting. Additionally, Mr. Stringer shall attend meetings of other boards of the City upon
request of said board and the consensus of the City Manager and City Attorney that such
attendance is in the best interest of the City.
VII. TERMINATION
1. The term of this Agreement notwithstanding, either party shall have the right to
terminate this Agreement upon providing written notice of termination to the other party. This
provision notwithstanding, however, during the first two years, the City may only termina#e the
agreement without cause with written notice provided the City pays to Mr. Stringer an amount
equal to three months of his current annual salary. After the second year of this contract, the City
may only terminate the agreement without cause with written notice provided the City pays #o
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Mr. Stringer an amount equal to two months of his current annual salary. Mr. Stringer may
terminate this Agreement upon furnishing the City three months written notice.
2. Notwithstanding any provision ofthis Agreement to the contrary, the City may
terminate Mr. Stringer, with cause, pursuant to the terms of the City Charter.
3. If Mr. Stringer is terminated for cause, the City shall not be obligated to pay any
compensation or benefits to Mr. Stringer pursuant to the provision of Section VII (1) hereof.
VIII. INDEMNIFICATION
Subject to any limitations imposed by Florida law, the City shall defend, save harmless
and indemnify Mr. Stringer against any tort, professional liability claim or demand or other legal
action, whether groundless or otherwise, arising out of an alleged act or omission occurring out
of Mr. Stringer's acting within the course and scope of his duties as City Attorney.
IX. GOVERNING LAW
This Agreement shat l be subject to and governed by the laws of the State of Florida and
venue for its enforcement shall be in Indian River County, Florida.
X. MODIFICATIONS
No provision of this Agreement maybe changed or modified except by written
agreement executed by both parties hereto.
XL ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties and contains all the
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Agreements described herein between the parties with respect to the subject matter hereof. Said
Agreement supersedes any and all other Agreements, either oral or in writing, between the parties
hereto with respect to the subject matter of this Agreement.
XII. NOTICES
All notices consents, requests, instructions, approvals and other communications
provided for herein shall be validly given, made or served if in writing and delivered personally
or sent by registered or certified mail, postage prepaid, return receipt requested, to the
hereinafter designated address: (or at such other address which shall be specified by like notice):
To the Employer: City of Sebastian
Attn: City Mayor
1225 Main Street
Sebastian, Florida 32958
With a Copy to: City of Sebastian
Attn:City Manager
1225 Main Street
Sebastian, Florida 32958
To the Employee: Rich Stringer
XIII. HEADINGS
The headings in this Agreement are for purposes of reference only and shall not limit or
otherwise affect the meaning hereof.
XIV. ENFORCEMENT
In the event that it should become necessary for either party to retain the services of an
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attorney to enforce the terms of this Agreement, the prevailing party in any litigation which is
brought on this Agreement shall be awarded all of its costs and expenses including but not
limited to a reasonable attorney's fee. This provision shall apply to such expenses incurred at the
trial and all appellate levels, without respect to who is the initiating party and shall apply to an
action for declaratory relief if the party instituting it asserts specific contentions concerning the
Agreement which aze filed upon by the Court.
IN WITNESS WHEREOF, the City of Sebastian has caused this Agreement to be
executed by its Mayor and duly attested by its City Clerk, and Rich Stringer has executed this
Agreement, as of the day and year first above written.
City of Sebastian,
a Florida municipal corporation
v~
Ruth uliivan, Mayor
Rich Stringer
ATTEST: _~ ,
thryn . OTia oraik
..:City-Clerk = _..
Approved as to Lorin and legality:
Acting City Attorney
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CHARTER § 4.01
DIVISION 2. POLICE DEPARTMENT
Sec. 3.06. Police department.
-The City of Sebastian shall maintain its own Police Department, and daily operations of
said police department will be overseen by a chief of police who will be a certified police officer
and who will come under the purview of the city manager.
(Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-06-15, § 1, 12-13-06)
See. 3.07. Reserved.
Tditor's note-Ord. No. 0-06-15, § 1, adopted Dec. 13, 2006, repealed § 3.07, which
pe ed to the duties and authority of the chief of police and derived from Ord. No. 0-88-43,
§ ladopted Jan. 1, 1989.
Sec. 3.08. Reserved.
Editor's note-Ord. No. 0-06-15, § 1, adopted Dec: 13, 2006, repealed § 3.08, which
pertained to the duties and authority of police officers and derived from Ord. No. 0-88-43, § 14,
adopted Jan. 1, 1989 and Ord. No. 0-93-02, § 6, adopted Jan. 27, 1993.
DIVISION 3. LEGAL
Sec. 3.09. City attorney.
(a) There shall be a city attorney of the city who shall serve as chief legal advisor to the city
council and all city departments, offices and agencies, shall represent the city in all legal
proceedings and shall perform any other duties prescribed by this Charter or by ordinance.
(b) The city council shall have authority to retain additional counsel in specific actions or
proceedings in its discretion.
(c) The city attorney shall receive such compensation as may be determined by the city
council.
(Ord. No. 0-88-43, § 14,1-11-89; Ord. No. 0-91-29, § 1,1$-92; Ord. No. 0-06-16, § 1,10-11-06)
ARTICLE IV. ELECTIONS*
Sec. 4.01. Adoption of state election laws.
All general laws of the State of Florida, relating to elections and the registration of persons
qualified to vote therein which are not inconsistent or in conflict with the provisions hereof or
the ordinances of the City of Sebastian, shall be applicable to all city elections.
*State law reference=Electors and elections; F.S. ch. 97 et seq.
Supp. No. 40 - CHT:15
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Subject: Explanation of City Attorney Evaluation Form
The enclosed evaluation form has been prepared for The City Council of the City of
Sebastian, Florida. The form includes three (3) major sections or areas of evaluation with
criteria under each section as follows:
Section I Relations with the Governing Body.
Section II Relations with the Public
Section III Relations with other Governments
Procedures:
At the top of the first page of the evaluation form there is a rating scale that provides the
basis for evaluating each of the eighteen (18) criteria, which are included under the three
major sections or areas. The scale ranges from "Does Not Meet Expectations", at the
bottom of the rating scale, to "Exceeds Expectations", at the top of the rating scale.
Numerical values are assigned to the scale ranging from #1 through #5, with #1
corresponding to "Does Not Meet Expectations", #5 corresponding to "Exceeds
Expectations", and #3 corresponding to "Meets Expectations", and is the midpoint of the
rating scale.
Each section should be reviewed as to the area being evaluated and each item scored
independently. At the end of each area there is a comment section where the evaluator
can document achievements accomplished by the City Attorney or areas that need
improvement.
In finalizing the evaluation it is recommended that you not add the eighteen (18) numbers
that have been recorded under the three (3) major sections or areas to arrive at an
average score. You are not looking for an averaged combined score. You are looking for
strengths and. weaknesses.
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NOTE:
(It is recommended that each evaluator keep a record of accomplishments or areas of
concern observed over the rating period so as to have a ready reference of material to
refer to when preparing the annual evaluation. This would allow for a fair and impartial
evaluation to take place).
The last page of the evaluation form provides for an "overall" rating entry for City Council
members to record their comprehensive view or impression of the Attorney's performance
using the rating scale as justification. This is the section where the evaluator can
document their suggestions for overall improvements, contentment of work performed and
recommend a salary increase if warranted.
The following suggestions for conducting the actual evaluation are offered for your
consideration. The evaluation form will be distributed to the members of the City Council
one (1) month prior to the anniversary date of the City Attorney. The City Council should
be able to complete the evaluation in four (4) weeks. They should then return it to the
Department of Human Resources. Each Charter Officer will receive a 3% increase on
his/her anniversary, and if any Council memberwants to give more or less they can place it
on an agenda on a voice vote of 5-0.
The Performance Evaluation should be returned to the Department of Human Resources in
the allotted time frame. If a Council Member is unable to .return the evaluation to Human
Resources in the time allotted they should notify the Director of Human Resources at 388-
8202 to advise of the delay.
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EVALUATION OF CITY ATTORNEY
SEBASTIAN, FLORIDA
1 2 3 4
I I I I
Does not Meets
Meet Expectations Expectations
I. RELATIONS WITH THE GOVERNING BODY
PROVIDING INFORMATION
5
I
I
Exceeds
Expectations
1. Keeps the Council informed in an appropriate and timely manner
about matters critical to the Council policy making role.
2. Prepares all resolutions, ordinances and legal contracts for Council
in a timely and efficient manner.
3. Provides information on an equal basis to all Council members.
4. Anticipates and follows up promptly on Council requests for
information or action without having to be reminded.
5. Is available to the Council on official business.
6. Reports departmental and staff activities that have legal significance
regarding the City of Sebastian to the Council in an appropriate and
timely manner.
7. Advises the Council of relevant legislation and developments in
the area of public policy affecting the City of Sebastian.
8. Developed, or is in the process of developing, comprehensive
understanding of legal problems and issues existing in the City of
Sebastian.
9. Considers all available alternatives before making recommendations
to the City Council.
10. Anticipates, plans and sets priorities recognizing the potential legal
problems confronting the City.
11. Communicates effectively, clearly, easily and to the point with the
Council, other city employees and the public.
3
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12. Demonstrates sensitivity to the opinions and concerns of others in
and outside of the organization.
13. Emphasizes the importance of teamwork and leadership in his
Relationship with the organization, and provides himself as a role
model for personnel.
Comments:
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II. RELATIONS WITH THE PUBLIC
1. Handles disputes or complaints involving citizens in an effective,
equitable, and timely manner.
2. Makes him/herself available and visible to the Council and citizens
at all Council and Committee meetings.
3. Develops Council policies and positions on issues to the citizens
and city organization accurately, equitably, and effectively.
4. Directs sufficient public credit to the Council in its role as the
Governing Body.
Comments:
III. RELATIONS WITH OTHER GOVERNMENTS
Deals effectively with other governmental agencies at all levels in
representing the City of Sebastian.
Comments:
(``Is
GENERAL COMMENTS:
List any goals, achievements, or objectives (strengths and weaknesses) that you have
observed by the City Attorney over the twelve (12) months. (If more room is needed to
document continue on the back page).
1.
2.
3.
4.
5.
6.
Overall Rating _
(Considering all items above)
Recommendation:
A performance salary increase should be granted. Percentage
A salary increase should not be given at this time, employee should be re-evaluated
in days.
A salary increase is not recommended at this time.
Print Name (Evaluator)
Signature of Evaluator
Date
~yy6
CITY MANAGER EMPLt}~1VIlENT AGREEMENT
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HOME OF PELICAN ISLAND
THE CITY OF SEBASTIAN, FLORIDA
And
Alfred A. Mu~ner, III
Signed: Apri125, 20(}5
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EMPI.4YMENT AGREEMENT
THLS AGREEMENT made and entered into the 25'~ day of April, 2005, by and between
the pity of Sebastian, Florida, a rrninicipal corporation (hereinafter referred to as "City") and
Alfred A Minter, III (hereinafter, referred to as "Mr. Mumet") pursuant to the following terms
and conditions:
WHEREAS, the City desires to retain Mr. Mituxrr as City Manager of the City of
s~e.~u.n; aoa
W] r ~ ,the City expects Mr. Mmner to perform all of the responsibilities and
obligations required of the City of Sebastian pursuant to the City Charter, Codes and Ordinances,
and applicable State and Federal regulations; and
WHEltLAS, ~' ,the City desires t4 provide specific terms of employment for the position of
City Manager; and
WHEREAS, Mr. Manner is desirous of entering into an employment relationship with
the City of Sebastian to perform the services required of City Manager;
NOW 1~~EREFORE in consideration of the mutual cove~aatts contained herein, the
City and Mr.lVrnner, hereby agree as follows:
1. The City hereby appoints Mr. 1Vlinner as ~ City Manager of the City of
Sebastian, effective as of 8:00 a.m., Tune 1, 2005, subject to all terms and conditions of this
Agreement. The City confers upon Mr. Mitner all powers, duties and responsibilities as
prescribed and permitted by the laws of the State of Florida, the City Charter, Ordinances and
other Codes of the City of Sebastian.
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II. TIItM OF EMPLOYMENT
2. 'This Agreement shall become effective upon execution thereof by the last party
signing the same, and continue in effect untt'1 terminated pursuzmt to the terms of Section VII
hereof
IIL COMPENSATIQN AND BENEFITS
3. Salary - Mr. 14Gn~r's salary for the initial period of this Agneemem shall be
$92,422 per year payable in bi weekly installments of ~i,554.b9.
4. Ins~irance -The City hereby agrees to provide and pay for health, vision, and
deals! insurance for Mr. Mmner and his dependents. Said insurance benefits are to be the same
as thou available for all otherfull-time City of Sebastian emplayees and are subject to change if
said benefits are changed for other City of Sebastian employees generally.
5. Retirement -The City agrees to conaibute to its existing 441(a} program, or any
new retiremen#ldefeired compensation program instituted by the City on behalf of its employees,
an amount equivalent to a set percentage of his annual salary, said percentage amount being
determined by matching the highest percerrtage being contributed on behalf of full-time
employees generally.
6. Vacation - Mr. Mitttiex shall aocaue vacation benefi#s at the same rate as provided
to employees of the City generally. Upon termination of employment with the City, Mr. Minner
shall be entitled to full compensation for all accrued vacation time as additional salary.
7. Sick Leave - Mr. Mmner shall accrue sick leave at the same rate provided to
employees of t~ City generally. Upon termination of employment with the City, Mr. 14iinner
shall be entitled to full compensation for all accrued sick leave as additional salary.
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8. Disability - Mr. Minner shall be provided disability benefits to the same degree ~as
provided other employees of the city generally.
9. Professional Associations -The City agrees to budget, to the extent fiords are
available, for payment of dues, subscriptions and educational seminars necessary for the
performance of Mr. Minner's responsibilities and duties as City Manager.
10. Business Expenses -The City agrees to reimburse Mr. Horner for all expenses
incaured by Mr. i4linner directly related to the performance of his duties as City Manager. This
provision, however, shall not be construed to require the City to reimburse Mr. Minner far
expenses that would not otherwise be authorised pursuant to Florida Stahstesy City Chaster or
Uc~dinances of the City of Sebastian.
11. Discretionary Time - In addition to accrued vacation time, Mr. Horner shall be
entitled to discretionary time consistent with the employment policies of the City as established
aml modified from time to time.
12. Vehicle Allowance - Mr. A+finner shall be entitled to receive an autaamobile
allowance of 5300 per month in lieu of use of s City vehicle or reimbursement under Paragraph
10 hereof for mileage, fuel, and maintenance costs.
13. tither Benefits - Mr. ATiuner shall be entitled to other benefrta as from time to
time may be afforded otherfull-time employees of the City of Sebastian generally.
IV. REVIEW AND EVALIIATION
14. Evaluation -Upon completion of the first (6) month period of employment Mr.
1Vlinner shall be reviewed by the City Council as to his performance. If Mr. Manner's (~ month
performance review is rated Satisfactory or above, he shall receive a 5% incrcese. T~ea$er, on
the anniversary date of his employment, the City Council shall again evaluate Mr. I1~inner's
`~~
performance and may as appropriate incxease the salary and benefits of Mr. NGmner in a #manner
consistent with his performance evaluation. Any increases in salary or benefits shall be at the
sole discretion of City Council. Subsequent perfornaance evaluations shalt be conducted on an
annual basis from the anniversary date and tberea$er.
IS. Cost-0f-Livictg Raises - 1vh'. Miimer shall receive cost-of-living or any such
similar generalized raises consistent with those provided to other employees of the City.
V. RESIDENCY
16. ]4Ir. 1VGnner agrees to became a resident of the City of Sebastian within six (6)
months of the effective date of this agreement.
VL F[JI,Ir, ~~,~LOYMENT
17. Mr. Minner shall undertake his duties on a full time basis and shall devote his
complete efforts tQ the business of the City.
t 8. As part of his duties, Mr. ll~nner shall attend all public meetings, hearings and
workshops of the City Council, and meetings of other boards as is in the best interest of the City.
VII. TERMIl~tATION
19. The term of this agreement notwithstanding, either party shall have the rigbt to
terminate this Agreement upon providing written notice of termination to the other party. This
provision notwithstanding, however, during the first two years, the City may only terminate the
agreement without cause if it pays to Mr. M'inner an amount equal to three months of his curre~
anmial salary. After the second year of this contract, the City may only termi~oate the agreement
without cause if the City pays to 11+tr. lldinner the amount equal to two months of his current
annual salary. Mr. 1VIinner may terminate this Agreement upon furnishing the City thirty (30)
days written notice.
NS
20_ Notwithstanding any provisions of this Agreement to the contrary, the City may
terminate Mr.lVfinner with cause p~nrsuant bo the terms of the City Charter.
21. ff Mr. Mlnner is terminated for cause, the City shall not be obligated t4 pay any
compensation or benefits to Mr.llTnner pursuant to the provision of Paragraph 19 hereof.
22. Subject to any limitations imposed by Florida law, the City shall defend, save
harmless and indemnify Mr. M'irtner against any tort, professional liability claim or demand or
other legal action, whether groundless or othervvise, arising out of an alleged act or omission by
Mr_ 1VGnner acting within the course and scope of his duties as City Manager.
IR. GOVERNING LAW
23. This Agreement shall be subject to and governed by the laws of the State of
Florida and venue for its enforcemert shall be in Indian River Cousrty, Florida. The parties
hereto expressly waive trial by Jury as to any and all issues related to this Agreement and the
employment ofMr_ Mumer.
X. MODIFI~~TION3
24. No provision of thi"s Agreement may be changed or modified except by written
agreement executed by both parties hereto.
~. ENTIRE AGREEMENT
25. This Agreement constitutes the entire Agreement between the parties and contains
all the Agreements described herein between the parties with respect to the subject matter hereo£
Said Agreement supersedes any and all other Agreements, either oral or in writing, between the
parties hereto with respect to the subject matter of this Agreement.
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IN WITNESS WHEREOF, the City of Sebastian has caused the Agreement to be
executed by its Mayor and duly attested by its City Clerk, and Alfred Minner has executed this
Agreement, as of the day and year first above written.
City of Sebastian
A Florida municipal corporation
athan McCollum, Ma or
ATTEST:
Sally Maio, clerk
A~rproved as to form and legality for
reliance by the City of Sebastian only
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Rich Stringer, City rney
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§ 3.04 SEBASTIAN CODE
/ Sec. 3.04. City manager; powers and duties.
(a) The city manager shall be the chief administrative officer of the city.
(b) The city manager, when necessary, shall appoint, suspend, demote, or dismiss any city
employee under his jurisdiction in accordance with the law and the personnel rules of the city
and may authorize any department head to exercise these powers with respect to subordinates
in his respective department.
(c) The city manager shall direct and supervise the administration of all departments of the
city except the offices of the city clerk and city attorney. He shall attend all city council
meetings unless excused by city council and shall have the right to take part in discussions, but
not vote. '
(d) The city manager shall see that all laws, Charter provisions, ordinances, resolutions,
and other acts of the city council subject to enforcement by the city manager are faithfully
executed.
(e) The city manager shall also prepare and submit the annual budget, budget message,.
and capital program to the city council and shall keep the city council fully advised as to the
financial condition and future needs of the city, and shall make such recommendations to the
city council concerning the affairs of the city as he deems desirable. The city council shall adopt
the annual budget, millage rate and capital program, as presented or as modified, by
resolution.
(f) The city manager shall designate a qualified city employee to exercise the powers and
perform the duties of city manager during any temporary absence or disability of the city
manager. The city council may revoke such designation at any time and appoint another
eligible person, other than a sitting council member, to serve as acting city manager.
(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)
The city clerk shall give notice. of city council meetings to its members and the public, keep
the journal of its proceedings and perform such other duties as are assigned to the clerk by this
Charter or by the city council.
(Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92)
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Supp. No. 40 CHT:14 ~
SE~ns7'~Ay
CITY OF SEBASTIAN
CITY MANAGER EVALUATION
Subject: Explanation of City Manager Evaluation Form
The enclosed Evaluation Form has been prepared for your review. The form includes
four (4) major sections or areas of evaluation with criteria under each section as follows:
Section 1 Relations with the Governing Body.
Section II Organizational Relations which include three (3) subsections:
A. Fiscal Management
B. .Personnel Management
C. Managing the Organization
Section III Relations with the Public
Section IV Relations with other Governments
Procedures:
At the top of the first page of the evaluation form there is a rating scale that provides the
basis for evaluating each of the thirty-two (32) criteria which are included under the four
major sections or areas. The scale ranges from "Does Not Meet Expectations", at the
bottom of the rating scale, to "Exceeds Expectations", at the top of the rating scale.
Numerical values are assigned to the- scale rariging from #1 through #5, with #1
corresponding to "Does Not Meet Expectations", #5 corresponding to "Exceed~~-~-
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Expectations", #3 corresponding to "Meets Expectations", and is the midpoint of the
rating scale.
Each section should be reviewed as to the area being evaluated and each item scored
independently. At the end of each area there is a comment section where the evaluator
can document achievements accomplished by the Manager or areas that need
improvement.
In finalizing the evaluation it is recommended that you not add the thirty-two (32)
numbers that have been recorded under the four (4) major sections or areas to arrive at
an average score. You are not looking for an averaged combined score. You are
looking for strengths and weaknesses.
NOTE:
(It is recommended that each evaluator keep a record of accomplishments or areas of
concern that are observed over the rating period so as to have a ready reference of
material to refer to when preparing the annual evaluation. This would allow for a fair
and impartial evaluation to take place).
The last page of the evaluation form provides for an "overall" rating entry for City
Council members to record their comprehensive view or impression of the Manager's
performance using the rating scale as justification. This is the section where the
evaluator can document their suggestions for overall improvements, contentment of
work preformed and recommend a salary increase if warranted.
The following suggestions for conducting the actual evaluation are offered for your
consideration. The evaluation form will be distributed to the members of the City
Council one (1) month prior to the anniversary date of the City Manager. The City
Council should be able to complete the evaluation in four (4) weeks. They should then
return it to the Department of Human Resources. Each Charter Officer will receive a
3% increase on his/her anniversary, and if any Council members wants to give more or
less they can place it on an agenda on a voice vote of 5-0.
The Performance Evaluation should be returned to the Department of Human
Resources in the allotted time frame. If a Council Member is unable to return the
evaluation to Human Resources in the time allotted they should notify the Director of
Human .Resources at 388-8202 to advise of the delay.
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CITY OF SEBASTIAN
CITY MANAGER EVALUATION
1 2 3 4 5
I I I
I I I I I
Does not Meets Exceeds
meet Expectations Expectations Expectations
I. RELATIONS WITH THE GOVERNING BODY
PROVIDING INFORMATION
1. Keeps the Council informed in an appropriate and timely manner
about matters critical to the Council policy making role.
2. Provides information on an equal basis to all Council members.
3. Anticipates and follows up promptly on Council requests for
information or action without having to be reminded.
4. Is available to the Council on official business either personally or
through a designated subordinate.
5. Reports departmental and staff activities to the Council in an
appropriate and timely manner.
6. Advises the Council of relevant legislation and developments in
the area of public policy affecting the City of Sebastian.
7. Has developed, or is in the process of developing, a comprehensive
understanding of the problems and issues existing in the City of
Sebastian.
8. Considers all available alternatives before making recommendations
to the City Council.
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9. Anticipates, plans and sets priorities for future needs and programs
recognizing the potential problems confronting the City.
Comments:
II. ORGANIZATIONAL RELATIONS
A. FISCAL MANAGEMENT
1. Develops and administers a process of budget preparation and
review.which meets the requirements of the City Charter, and
expectations of the Council in its decision making role.
2. Controls operational and capital costs through adequate budgetary
controls and the judicious/economical utilization of manpower,
material and equipment.
3. Provides the Council with timely and sufficient reports on the
financial status of the City government in accordance with the
Charter and requirements'of the City Council.
Comments:
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B. PERSONNEL MANAGEMENT
Effectuates sound personnel selection and placement policies.
2. Motivates personnel through leadership and training so that they are
increasingly effective in the performance of their duties, in achieving
common goals and objectives and in nurturing an attitude of courtesy,
helpfulness and sensitivity to the public.
3. Takes and enforces disciplinary action when necessary.
4. Promotes and supports the "public service role" for all city
employees and emphasizes exemplary performance.
5. Treats all city personnel in a fair and equitable manner.
Comments:
C. MANAGING THE ORGANIZATION
Executes the policies adopted by the Council in a timely and
appropriate fashion.
2. Plans and executes organizational priorities in a manner reflective of
the City's stated mission and. goals, and satisfactory to the Council.
3. Analyzes organizational problems or issues and identifies causes,
reasons, implications, and solutions employing all available
technologies, systems and methods.
4. Executes the short and long-term goals and objectives set forth in the
City's Mission Statement in a timely and effective manner.
5. Communicates effectively, clearly, and to the point.
6. Demonstrates sensitivity to the opinions and concerns of others in and
outside of the organization.
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7. Emphasizes the importance of teamwork and leadership in his
relationship with the organization, and provides him/herself as a role
model for personnel.
8. Accepts new ideas and suggestions for change.
9. Adapts to and deals effectively with unanticipated conditions and
situations.
Comments:
III. RELATIONS WITH THE PUBLIC
Handles disputes or complaints involving citizens in an effective,
equitable, and timely manner.
2. Makes him/herself available and visible to the citizens of
Sebastian in an appropriate manner.
3. Presents Council policies and positions on issues to the citizens
and city organization accurately, equitably, and effectively.
4. Directs sufficient public credit to the Council in its role as the
Governing Body.
Comments:
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IV. RELATIONS WITH OTHER GOVERNMENTS
1. Deals effectively with other governmental agencies at all levels in
representing the City of Sebastian.
2. Develops and administers an effective program of grantsmanship.
Comments:
IV. GENERAL COMMENTS
List any goals, achievements, or objectives (strengths and weaknesses) that you have
observed by the City Manager over the six (6) months. (If more room is needed to
document continue on the back page).
1.
2.
3.
4.
5.
6.
Overall Rating _
(Considering all items above)
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Recommendation:
A performance salary increase should be granted. Percentage
A salary increase should not be given at this time, employee should be
re-evaluated in days.
A salary increase is not recommended at this time.
Print Name (Evaluator)
Signature of Evaluator
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1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. MOMENT OF SILENCE (was called invocation until recently, and invocations first went
on in 1986)
4. READING OF CIVILITY PLEDGE (new this year by council directive)
5. ROLL CALL
6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONSI
Items not on the written agenda maybe added only upon a unanimous vote of City Counci!
members (R-07-18)
7. PROCLAMATIONS, ANNOUNCEMENTS. PRESENTATIONS
This should be for proclamations, certificates and presentations -there should be no
action, and no input from the public on presentations, but the council has allowed a
dialogue and public input in the past couple Of years.
8. CONSENT AGENDA
All items on the consenf agenda are considered routine and will be enacted by one motion. - --
There will be no separate discussion of consent agenda items unless a member of City
Council so requests; in which event, the item will be removed and acted upon Separately. ff
a member of the public wishes to provide input on a consent agenda item, he/she should
request a Council Member to remove the item for discussion prior to start of the meeting or
by raising his/her hand fo be recognized.
This is for routine items for which staff anticipates there is sufficient information to vote
with one motion such as park use, bids, items for which there are budgefed funds,
travel, etc.
9. COMMITTEE REPORTS/RECOMMENDATIONS
This is for just what it says as well as committee appointments.
10. PUBLIC HEARING
This is for advertised public hearings on ordinances, budgets, growth issues, eta that
require ad by FS or code
11. UNFINISHED BUSINESS
This was called old business until very recently by directive of Council - it is now just for
items which are deemed unfinished -not items that are finished and then someone
wants to bring it back for a different action - tha# would have been what "old" business
meant before
12. NEW BUSINESS
This is for new items to come before Council for action - if may have an `old" title because it was
discussed atone time for placement but there has not been action on the item by Counal. It is for
items such as purchases which staff might need time to present information, o-dinances for first
reading, but pretty much new items of a more complicated nature which will need some discussion
before Council takes action
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13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occun~ed or was discovered within the previous six months which is not
otherwise on the agenda
This is an opportunity for members of the public to bring new issues to Council. In the
past it was treated as a time for the public to bring concerns or id®as, and there was no
discussion or dialogue with council, however, staff might be directed to look into the
person's issue, or a Council member might want to carry the item onto a future agenda
for Council action. If it was an emergency issue that was different and it would be
addressed trough this was rare. In the past we had people sign up fo speak under this
title an a sign-up sheet that was in the Clerk's ofhce on Mon-Wed of the meeting week
OR they could sign up at the meeting prior to 7 pm. If someone did not sign up because
they arrived late Council would consider letting them speak if they raised their hand.
This was not a time for debate but an opportunity to bring information to the City. The
sign-up sheets were done away with in 2005 as was the time limit on public input. Public
input was ten minutes from f 989 to 2004 and then changed to five minutes, and then
done away with in 2005. The reason they added the six months to the directions is
because of a citizen who at every meeting talked about his code enforcement case and
Council had no authority over Code Enforcement orders.
14. CITY ATTORNEY MATTERS
This is a time for CA to report on matters to Council. If he wants action by Council, he would
have the item listed on the prepared agenda.
15. CITY MANAGER MATTERS
This is a time for CM to report on matters to Council. If he wants action by Council, he would
have the item listed on the prepared agenda
16. CITY CLERK MATTERS
This is a time for CC to report on matters to Council If she wants action by Council, she
would have the item listed on the prepared agenda. This was added to the agenda by
former Mayor Martha Wininger because she thought the former City Clerk should have a
listing on the agenda.
17. CITY COU,_,~1CIL MATTERS
this is a time for Council members to report on matters to Council. If they want action by
Council, they would have the item listed on the prepared agenda.
18. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half
hour by a majority vote of City Council -this is in procedures resolution R-07-18)
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RESOLUTION NO. R-07-18
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN .RIVER
COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-05-26;
ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL
MEETINGS, WORKSHOPS AND QUASI-JUDICIAL HEARINGS;
ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR
AGENDA PREPARATION; PROVIDING FOR AGENDA
MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES
(OTHER THAN QUASI,JUDICIAL MATTERS); PROVIDING FOR
PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION
RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CpNFUCT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida,
believes it to be in the best interest of the citizens of Sebastian to provide clear direction to
establish Council meeting times and dates and provide for conduct of City Councl meetings;
and
WHEREAS, City Council concurs that unadvertised items should be added to agendas
only by unanimous vote of the Council Members present.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, as follows:
SECTION 1. CITY COUNCIL MEETING DATE AND TIME.
Regular Meetings: Regular Meetings shall be held on the second and fourth
Wednesday of each month at 7:00 p.m. and shall adjoum at 10:30 p.m. unless extended by a
majority vote of City Council members present. A motion to extend the meeting time shall be
made only once during the Regular meeting and the motion shall be for no more than a thirty
(30) minute extension. All unfinished business at adjournment shall be carried to the beginning
of the next Regular City Council meeting unless, prior to adjournment, items are placed on a
special meeting agenda.
Quasi-judicial Hearings: Quasi~udicial hearings, when necessary, shall be conducted at
special meetings called for such purpose on the first and third Wednesday of the month, at 7:00
p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council
members present, The City Manager, at his discretion, may sd~edule a quasi judicial hearing for
a Regular City Council meeting when necessary.
Workshops: Workshops, when necessary, shall be held on the first and third Wednesday
of the month at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of
City Council members present. In the event that there is a special meeting for the purpose of
conducting a quasi judicial hearing scheduled for the first or third Wednesday, the workshop will
follow the special meeting. A consensus to extend the workshop shall be made only once during
the meeting and the extension shall be for no more than a thirty (30) minutes. All unfinished
business at adjournment shall be carried to the beginning of the next scheduled workshop.
Special Meetings for Other Purposes: Special meetings for purposes other than quasi-
judicial hearings may be called in accordance with the Charter of the City of Sebastian. Special
meetings shall adjoum at 10:30 p.m. unless extended by a majority vote of City Council ~-"
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members present. A motion to extend the meeting time shall be made only once during the
Speaal meeting and the motion shall be for no more than a thirty (30) minute extension.
SECTION Z. NO SUBSTANTNE DECISIONS AT WORKSHOPS. At workshops,
matters may be discussed and placed on an appropriate City Counal meeting agenda for formal
action. Substantive deasions shall not be made at workshops.
SECTION 3. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow
Roberts Rules of Order, Revised, 9th Edition, published by Scott, Foresman as a general
guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not
affect the validity of any action taken.
The City Council recognizes Robert Rules of Order are not applicable to every
procedural matter governing a public official in the State of Florida. Each Counal Member must
vote on all motions unless a Counal Member has a conflict of interest. A Counal Member may
make a motion, second a motion or participate in discussion on a motion without relinquishing
the chair. Members of Counal have the exclusive right to raise questions of procedure or a point
of order to the Chair and have the Chair rule on the procedure or point of order. Any member of
Council may appeal the decision of the Chair to the entire Council
SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City
Manager is directed to prepare agendas for all City Counal meetings. Documentation for items
on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding
the respective meeting to expedite the preparation of agenda packets.
SECTION 5. AGENDA AAODIFICATION. City Counal, by a unanimous vote of its
members present, may modify the agenda to add an additional agenda item, and, in such event,
an individual who wishes to address City Council with respect to the new agenda item, shall be
afforded a reasonable opportunity to address City Counal on such new agenda item.
SECTION 6. ORDER FQR PUBLIC HEARINGS (OTHER THAN QUASI,JUDICIAL)
BEFORE CITY COUNCIL. The order for public hearings (other than quasi judiaal) before City
Counal is as follows:
A. Order of Business:
1. Chairperson shall announce the opening of the public hearing.
2. City Attorney shall read the Ordinance or Resolution by title unless the
City Charter, Code of Ordinances and/or Florida Statutes requires more
than the title be read.
3. Chairperson, if appropriate, shall announce the rules that apply to the
hearing.
4. City staff shall. make a presentation, comments and preliminary
recommendation, if any.
5. Public input.
6. City staff final comments and recommendation, if any.
7. Chairperson closes hearing unless hearing continuation granted by the
affirmative vote of three Council members.
B. Continuance of Public Hearing. City Council may continue a public hearing
unless a continuance would violate City Charter, City Code, State or Federal law. A public
hearing may be continued to a time certain that the hearing will be re-opened and shall be
stated in the record. City Counal may defer action on a matter and continue the public hearing
~~ for receipt of written comments on the matter.
C. Deferring Decision on Merits. City Council may defer a decision on the merits of
any matter pending as a result of a public hearing.
D. Suspension of. Rules. Any provisions of this Resolution may be suspended for
good cause by the affirmative vote of at feast three Council members. The good cause shag be
stated on the record.
E. Failure to Follow Rules. If City Council fails to strictly abide by any provision of
this Resolution, such failure shall not invalidate action taken by City Council or staff.
SECTION 7. PROCEDURES FOR SPEAKERS AND INTRODUCTION OF NEW
BUSINESS FROM THE PUBLIC.
A. Public Input on Asyenda Items. individuals who wish to address the City Council on
items where public presentations are permitted on the agenda shall address the City Council
immediately prior to City Council deliberation of the agenda item. Individuals shall not address
City Council after commencement of City Council deliberation on an agenda item after public
input has concluded, provided, however, the Mayor and members of City Council may recall an
individual to provide additional information or to answer questions. In addition, individuals shall
have the opportunity to address City Council during a public hearing held in accordance with
any federal or state law, the City Charter, the Code of Ordinances and the Land Development
Code of the City of Sebastian.
B. Introduction of New Business from the Public. Introduction of New Business from
the Public shall be that portion of Regular Meeting agendas at which individuals may introduce
new business not otherwise on the prepared agenda. "New Business" as used in this
paragraph, is defined as an item that has ocarrred or was discovered within the previous six
months. Individuals are encouraged, whenever possible, to meet with staff to attempt to resolve
matters. Individuals are also encouraged, whenever possible, to provide documentation for
inclusion in the agenda packet. No Introduction of New Business from the Public shall be
allowed at special meetings or workshops.
C. No Time Limit for Public Inout. There shall be no time limit on oral public
presentations under Public Hearings, Introduction of New Business from the Public and Input on
Agenda Items, however, City Council, by majority vote of its. members present, may terminate or
limit the presentation at any time. Individuals are asked to try to limit input under Introduction of
New Business From the Public to five minutes.
E. Written Presentations. Individuals may also submit written presentations to the City
Council by providing ten (10) complete copies to the City Clerk prior to commencement of the
meeting.
F. Public Input Addressed to Chair. All public input shall be addressed to the Chair,
unless answering a question of a member of City Council or City staff.
In controlling the meeting, the Chair will. take the following actions:
1. First Offense -verbal warning to move on.
2. Second Offense - offender is directed to be seated.
3. Third Offense (refusal to be seated or other disrupted acts) - ~~
offender wilt be asked to leave the premises. r` ,~
,~~"
S C 8. VERBATIM TRANSCRIPTS OF CITY COUNCIL MEETINGS. Any person
who decides to appeal any deasion made by the clh+ counat with rasped to any matter
considered at any meeting or hearing will need a record of the proceedings and may 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, in accordance with 286.0105 Florida
Statutes.
The City Clerks office is not required to prepare verbatim transcripts or parts of any
minutes of City Council meetings unless City Council, by majority vote, directs verbatim
transcripts for any parts of any minutes it deems necessary and proper for conduct of internal
affairs of crty.
SECTION 9. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed, including Resolution No. R-04-26.
SECTION 1d. EFFECTIVE DATE. This Resolution shall take effect upon its adoption.
The foregoing Resolution was passed for adoption by Council Member
Neglia ,was seconded by Councll Member Paternoster ,and
upon, being put to a vote, the vote was as follows:
Mayor Andrea Coy ave
Vice Mayor Sai Neglia ave
Council Member A! Paternoster aye
Council Member Dale Simchick aye
Council Member Eugene Wolff .ave ,_
The Mayor thereupon declared this Resolution duly passed and adopted this 9th day
of May 2007.
ATT S
Sat y A. ' , MMC
City C
(SEAL)
Approved as to Form and Content for
Reli by the City of Sebastian Only:
Ric Stringer, City ttomey
~~h
CITY OF SEB STIAN, FLO
By~
An rea Coy, Mayor
Twenty Five Years of Council Meeting Procedures 1982 - 2007
R-81-34A -Adopted 2/8/82 -repealed by R-95-23
• Regular and Special Meetings 7 pm to 10:30 pm unless extended to a time certain by vote
• Unfinished business carried to next regularly scheduled meeting unless prior to adjournment items are placed
on special council meeting agenda
R-85-35 -Adopted 6/12/85 -repealed by R-95-23
• All boards follow Roberts Rules of Order Revised but failure to do so will not affect validity of action taken
R-86-46 -Adopted 9/10/86 -repealed by R-95-23
• Clerks office shall not prepare verbatim minutes unless requested by Mayor for conduct of internal affairs of
City (strong Mayor government at that time) -individuals shall transcribe their own verbatims -Clerk to
supply tape at cost allowed by FS
R-87-26 -Adopted 4/8/87 -repealed by R-95-23
• Regular Meetings on 2nd and 4d' Wednesdays
• Workshops on 1~ Wednesday
• Actions taken at workshops same as regular except no hearings and no final passage of resolutions or
ordinances
R-88-32 -Adopted 4/13/88 -repealed by R-95-23
• Procedures for public hearings before Council -order of business, continuance of hearing, deferring
decisions, suspension of rules
R-89-30 -Adopted 5/24/89 - amended by R-93-19
• Definitions of chair, agenda item,. non-agenda item, City Council Meeting, Sign-up sheet
• Procedures for public input at Council meetings
• Sign-up sheets required
• Public shall speak immediately prior to deliberation on the item by council if they have signed asign-up sheet
prior to meeting
• Shall not address after deliberation concluded unless recalled to podium
• Public may address non-agenda items if submit written request 6 days. prior to meeting to Clerk
• No public input at special meetings other than hearings
• Council may add item by unanimous vote and public afforded opportunity to sign the sign-up sheet for added
item
• Ten minute limit on public input
• Provide 13 copies of written presentations
• Clerk to provide sign-up sheet to Mayor at commencement of meeting
• Public input limited to those who signed up
• All input addressed to chair unless answering question of council or staff
R-89-59 -Adopted 11/8/89 -Amended by R-93-20
• City Manager to prepare agenda
• Anyone desiring to place item must submit request in writing and be accompanied by sufficient documents or
other information to inform Council of nature of request -submitted to Clerk by noon on Thursday before
meeting
• Items may be added only by unanimous consent of council
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R-93-19 -Adopted 4/28/93 -Amending R-89-30 -repealed by R-95-23
• Definitions of chair, agenda item, new business, City Council Meeting, Sign-up sheet, Introduction of New
Business from the public
• public to address Council on agenda items immediately prior to Council deliberation
• no input after deliberation on item unless recalled
• requires sign-up prior to commencement of meeting
• Introduction of New Business from Public must sign-up prior to commencement of meeting or by noon on the
Thursday prior to meeting and provide documentation
• no input at special meetings other than public hearing
• No Introduction of New Business at workshops
• council may add item by unanimous vote
• public afforded opportunity to sign the sign-up sheet for added item
• ten minute limit on public input
• provide 10 copies of written presentations
• Clerk to provide sign-up sheet to Mayor at commencement of meeting
• public input limited to those who signed up
• all input addressed to chair unless answering question of council or staff
R-93-20 -Adopted 4/28/93 -Amending R-89-59
• City Manager to prepare agenda
• documentation for items must be submitted to Clerk by noon on Thursday before meeting
R-95-23 -Adopted 5/10/95 -Repealed R-81-34A R-85-35 R-86-46 R 87 26 R 88 32 R 93 19 R 93 20
• Workshops when needed 6:30 pm on 2"d and 4"' Wednesday
• Regular Meetings start upon conclusion of Workshop and adjourn at 10:30 pm unless extended to a time
certain by unanimous vote
• unfinished business carried to next regularly scheduled meeting unless prior to adjournment items are placed
on special council meeting agenda
• substantive decisions not to be made at workshops
• adopts Roberts Rules of Order 9~' edition but failure to follow does not affect validity of action taken
• each member of Council must vote on all matters unless conflict
• council members may make motions, second with relinquishing chair
• members can raise point of order to chair and have chair rule on
• members may appeal decisions of chair
• City Manager directed to prepare agenda and submit documents to City Clerk no later than noon Thursday
prior to meeting
• Council may modify agenda to add item by unanimous vote
• sets out order for public hearings other than quasi
• provides for continuance of hearing procedures
• may suspend provisions of this resolution for good cause by 4 members
• failure to follow resolution does not invalidate action
• provides for sign-up sheets to be signed prior to meeting or from Monday to Wednesday 8 am to 4:30 in
Clerks office
• speakers limited to those who signed up prior to commencement of meeting or workshop
• public input on agenda items to be heard prior to deliberation on matter by council
• no input after deliberation on item unless recalled
• Public input on agenda items requires sign-up prior to commencement of meeting
• Introduction of New Business from Public provided for public to address items not otherwise on agenda and
must sign-up prior to commencement of meeting or Monday through Wednesday in Clerks office encouraged
to sign by noon on the Thursday prior to meeting and provide documentation
• no input at special meetings other than public hearing unless provided in call of meeting
• No Introduction of New Business at workshops
• council may add item by unanimous vote
• public afforded opportunity to sign the sign-up sheet for added item
• ten minute limit on public input
• provide 10 copies of written presentations
• Clerk to provide sign-up sheet to Mayor at commencement of meeting
- • public input limited to those who signed up
2
~':
• all input addressed to chair unless answering question of council or staff
• public input time limit of ten minutes except if extended or reduced by chair
• clerk not required to prepare verbatim transcripts unless Council directs by majority vote it deems necessary
and for proper conduct of internal affairs of city
R-95-33 -adopted 7/26/95 -repealed R-95-23 and changed only the following provisions•
• All regular meetings shall commence at 7pm unless preceded by workshop
• in no event shall regular meeting ever begin before 7pm
• took away ability for someone to sign sheet if an item is added to agenda
R-95-39
• Revising procedures for quasi judicial hearings
R-96-53 -adopted 8/14/96 -repealed R-95-33
• Workshops when needed 6:00 pm on 2"d and 4~' Wednesday and shall not exceed one hour in duration
Regular Meetings 2"d and 4~' Wednesday at 6 pm unless preceded by workshop in which case they
commence at 7pm
• regular meetings starting at 6 pm shall adjourn at 9:30 pm unless extended by majority vote
• regular meetings starting at 7pm shall adjourn at 10:30 pm unless extended by majority vote
• extensions to be made only once for a thirty minute extension
• unfinished business carried to next regularly scheduled meeting unless prior to adjournment items are placed
on special council meeting agenda
• quasi hearings shall be conducted at special meetings on 1~ and 3"' Wednesday on month as needed and
begin at 6 pm
• substantive decisions not to be made at workshops
• adopts Roberts Rules of Order 9~' edition but failure to follow does not affect validity of action taken
• each member of Council must vote on all matters unless conflict
• council members may make motions, second with relinquishing chair
• members can raise point of order to chair and have chair rule on
• members may appeal decisions of chair
• City Manager directed to prepare agenda and submit documents to City Clerk no later than noon Thursday
prior to meeting
• Council may modify agendato add item by majority vote and anyone who wishes to address the item may be
afforded an opportunity to sign up to speak
• sets out order for public hearings other than quasi
• provides for continuance of hearing procedures
• may suspend provisions of this resolution for good cause by 4 members
• failure to follow resolution does not invalidate action
• .provides for sign-up sheets to be signed prior to meeting or from Monday to Wednesday 8 am to 4:30 in
Clerks office
• speakers limited to those who signed up prior to commencement of meeting
• public input on agenda items to be done prior to deliberation on matter by council
• no input after deliberation on item unless recalled
• Public input on agenda items requires sign-up prior to commencement of meeting
• Introduction of New Business from Public provided for public to address items not otherwise on agenda -must
sign-up prior to commencement of meeting or Monday through Wednesday in Clerks office encouraged to
sign by noon on the Thursday prior to meeting and provide documentation
• No public input or Introduction of New Business at workshops or special meetings other than scheduled public
hearing, however Council may allow public input at special meeting or workshop and determination shall be
made at beginning of special meeting or workshop and approved by majority vote
• ten minute limit on public input
• provide 10 copies of written presentations Clerk to provide sign-up sheet to Mayor at commencement of
meeting
• public input limited to those who signed up
• all input addressed to chair unless answering question of council or staff
• time limit of ten minutes except if extended or reduced by chair
• clerk not required to prepare verbatim transcripts unless Council directs by majority vote it deems necessary
and for proper conduct of internal affairs of city
~~
.,
R-96-87 -adopted 11/13/96 -repealed R-95-39
• Revised quasi-judicial procedures
R-97-02 -adopted 1 /8/97 -repealed R-96-53
• Workshops when needed 6:00 pm on 2"d and 4~' Wednesday and shall not exceed one hour in duration
Regular Meetings 2"~ and 4"' Wednesday at 6 pm unless preceded by workshop in which case they
commence at 7pm regular meetings starting at 6 pm shall adjourn at 9:30 pm unless extended by majority
vote
• regular meetings starting at 7pm shall adjourn at 10:30 pm unless extended by majority vote
• extensions to be made only once for a thirty minute extension
• unfinished business carried to next regularly scheduled meeting unless prior to adjournment items are placed
on special council meeting agenda
• quasi hearings shall be conducted at special meetings on 1 ~ and 3ro Wednesday on month as needed and
begin at 6 pm
• City Manager may place quasi matters on regular meeting agendas at his discretion
• substantive decisions not to be made at workshops
• adopts Roberts Rules of Order 9~' edition but failure to follow does not affect validity of action taken
• each member of Council must vote on all matters unless conflict
• council members may make motions, second with relinquishing chair
• members can raise point of order to chair and have chair rule on
• members may appeal decisions of chair
• City Manager directed to prepare agenda
• submit to City Clerk no later than noon Thursday prior to meeting
• Council may modify agenda to add item by majority vote and anyone who wishes to address the item may be
afforded an opportunity to sign up to speak
• sets out order for public hearings other than quasi
• provides for continuance of hearing procedures
• may suspend provisions of this resolution for good cause by 4 members
• failure to follow resolution does not invalidate action
• public input on agenda items to be done prior to deliberation on matter by council
• no input after deliberation on item unless recalled
• Public input on agenda items requires sign-up prior to commencement of meeting provides for sign-up sheets
to be signed prior to meeting or from Monday to Wednesday 8 am to 4:30 in Clerks office
• speakers limited to those who signed up prior to commencement of meeting
• Introduction of New Business from Public Introduction of New Business from Public provided for public to
address items not otherwise on agenda and new business in this section means an item that has occurred or
was discovered in the previous six months
• encouraged to sign by noon on the Thursday prior to meeting and provide documentation
• No public input or Introduction of New Business at workshops or special meetings other than scheduled public
hearing, however Council may allow public input at special meeting or workshop and determination shall be
made at beginning of special meeting or workshop and approved by majority vote
• ten minute limit on public input
• provide 10 copies of written presentations Clerk to provide sign-up sheet to Mayor at commencement of
meeting public input limited to those who signed up
• all input addressed to chair unless. answering question of council or staff
• time limit of ten minutes except if extended or reduced by chair
• clerk not required to prepare verbatim transcripts unless Council directs by majority vote it deems necessary
and for proper conduct of internal affairs of city
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4
R-97-21 -adopted 4/9/97 -repealed R-97-02
• Regular Meetings to be held on 2"d and 4~' Wednesdays at 7 pm and adjourn at 10:30 pm unless extended by
majority vote
• Motion to extend made only once and only for 30 minutes
• All unfinished business carried to beginning of next agenda unless prior to adjournment placed on special
meeting agenda
• Quasi judicial hearings when necessary conducted at special meetings on 1 ~` and 3ro Wed at 7pm and
adjourn at 10:30 pm unless extended by majority vote
• City Manager may place quasi hearing on regular agenda at his discretion
• Workshops when necessary held on 1~ and 3ro Wednesdays at 7 and adjourn at 10:30 pm unless extended
by majority vote - if there is a special quasi hearing -workshop shall follow -all unfinished business carried
to next workshop agenda
• Special meetings conducted in accordance with City charter
• No substantive decisions at workshops
• Adopts Robert Rules 9~' Edition but failure to follow does not invalidate action taken
• All members must vote unless there is conflict
• All members may make motions and second and deliberate without relinquishing chair
• All members may raise questions or points of order to chair and chair rules
• All .members may appeal chair's decision
• City Manager to set agenda and provide documentation to clerk no later than noon on Thursday preceding
meeting
• Council by majority vote may amend agenda to add items and anyone wishing to speak may be afforded
opportunity to speak
• Sets out order for public hearings and continuance procedures
• May suspend rules for good cause by vote of three members
• Failure to follow this resolution does not invalidate action taken
• Sign up sheet provided prior to meetings and from Monday through Wednesday in Clerks office 8 am to 4:30
pm for Introduction of New Business from Public and Public Hearings
• Public Input on agenda items allowed immediately prior to deliberation of an agenda item -may not address
after commencement of council deliberation unless recalled
• Introduction of New Business from public defined as item that has occurred or was discovered within previous
six months - must sigri up (see above) -encouraged to sign up Thursday prior and provide documentation
for packet
• No public input or IONBFP at workshops or special meetings other than scheduled public hearing though
Council may allow if determined at beginning of special meeting by majority vote or at workshop by
consensus
• Ten minute time limit for public input unless extended or reduced by chair
• May provide ten copies of written presentations
• All input addressed to chair
• Clerk does not provide verbatim transcripts unless directed by majority vote of Council
R-97-46 -adopted 8/13/97 -repealed R-96-87
• Adopted amended procedures for quasi judicial hearings
R-99-12 -adopted 2/24/99 -repealed R-97-46
• Adopted amended procedures for quasi judicial hearings
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R-99-21 -adopted 4/14/99 -repealed R-97-21
• Regular Meetings to be held on 2"d and 4~' Wednesdays at 7 pm and adjourn at 10:30 pm unless extended by
majority vote
• Motion to extend made only once and only for 30 minutes
• All unfinished business carried to beginning of next agenda unless prior to adjournment placed on special
meeting agenda
• Quasi judicial hearings when necessary conducted at special meetings on 1 ~ and 3'~ Wed at 7pm and
adjourn at 10:30 pm unless extended by majority vote
• City Manager may place quasi hearing on regular agenda at his discretion
• Workshops when necessary held on 1~ and 3'~ Wednesdays at 7 and adjourn at 10:30 pm unless extended
by majority vote - if there is a special quasi hearing -workshop shall follow -all unfinished business carried
to next workshop agenda
• Special meetings conducted in accordance with City charter
• No substantive decisions at workshops
• Adopts Robert Rules 9~' Edition but failure to follow does not invalidate action taken
• All members must vote unless there is conflict
• All members may make motions and second and deliberate without relinquishing chair
• All members may raise questions or points of order to chair and chair rules
• All members may appeal chair's decision
• City Manager to set agenda and provide documentation to clerk no later than noon on Thursday preceding
meeting
• Council by majority vote may amend agenda to add items and anyone wishing to speak may be afforded
opportunity to speak
• Sets out order for public hearings and continuance procedures
• May suspend rules for good cause by vote of three members
• Failure to follow this resolution does not invalidate action taken
• Sign up sheet provided prior to meetings and from Monday through Wednesday in Clerks office 8 am to 4:30
pm for Introduction of New Business from Public and Public Hearings
• Public Input on agenda items allowed immediately prior to deliberation of an agenda item -may not address
after commencement of council deliberation unless recalled (no sign-up required)
• Introduction of New Business from public defined as item that has occurred or was discovered within previous
six months -must sign up (see above) -encouraged to sign up Thursday prior and provide documentation
for packet
• Ten minute time limit for public input unless extended or reduced by chair
• May provide ten copies of written presentations
• All input addressed to chair
• Clerk does not provide verbatim transcripts unless directed by majority vote of Council
..
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6
R-03-14 -adopted 6/23/04 -repealed R-99-21
• Regular Meetings to be held on 2"d and 4~' Wednesdays at 7 pm and adjourn at 10:30 pm unless extended by
majority vote
• Motion to extend made only once and only for 30 minutes
• All unfinished business carried to beginning of next agenda unless prior to adjournment placed on special
meeting agenda
• Quasi judicial hearings when necessary conducted at special meetings on 1 ~ and 3`~ Wed at 7pm and
adjourn at 10:30 pm unless extended by majority vote
• City Manager may place quasi hearing on regular agenda at his discretion
• .Workshops when necessary held on 1~ and 3`~ Wednesdays at 7 and adjourn at 10:30 pm unless extended
by majority vote - if there is a special quasi hearing -workshop shall follow -all unfinished business carried
to next workshop agenda
• Special meetings conducted in accordance with City charter
• No substantive decisions at workshops
• Adopts Robert Rules 9~' Edition but failure to follow does not invalidate action taken
• All members must vote unless there is conflict
• All members may make motions and second and deliberate without relinquishing chair
• All members may raise questions or points of order to chair and chair rules
• All members may appeal chair's decision
• City Manager to set agenda and provide documentation to clerk no later than noon on Thursday preceding
meeting
• Council by unanimous vote -may amend agenda to add items and anyone wishing to speak may be afforded
opportunity to speak
• Sets out order for public hearings and continuance procedures
• May suspend rules for good cause by vote of three members
• Failure to follow this resolution does not invalidate action taken
• Sign up sheets provided prior to meetings and from Monday through Wednesday in Clerks office 8 am to 4:30
pm for Introduction of New Business from Public and Public Hearings
• Public Input on agenda items allowed immediately prior to deliberation of an agenda item -may not address
after commencement of council deliberation unless recalled (no sign-up required)
• Introduction of New Business from public defined as item that has occurred or was discovered within previous
six months -must sign up (see above) -encouraged to sign up Thursday prior and provide documentation
for packet
• Ten minute time limit for public input unless extended or reduced by chair
• May provide ten copies of written presentations
• All input addressed to chair
• Clerk does not provide verbatim transcripts unless directed by majority vote of Council
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7
R-04-26 -adopted 6/23/04 -repealed R-03-14
• Regular Meetings to be held on 2`~ and 4~' Wednesdays at 7 pm and adjourn at 10:30 pm unless extended by
majority vote
• Motion to extend made only once and only for 30 minutes
• All unfinished business carried to beginning of next agenda unless prior to adjournment placed on special
meeting agenda
• Quasi judicial hearings when necessary conducted at special meetings on 1~ and 3'~ Wed at 7pm and
adjourn at 10:30 pm unless extended by majority vote
• City Manager may place quasi hearing on regular agenda at his discretion
• Workshops when necessary held on 1 ~ and 3`~ Wednesdays at 7 and adjourn at 10:30 pm unless extended
by majority vote - if there is a special quasi hearing -workshop shall follow - atl unfinished business carried
to next workshop agenda
• Special meetings conducted in accordance with City charter and must adjourn at 10:30 pm unless extended
one time for 30 minutes
• No substantive decisions at workshops
• Adopts Robert Rules 9~' Edition but failure to follow does not invalidate action taken
• All members must vote unless there is conflict
• All members may make motions and second and deliberate without relinquishing chair
• All members may raise questions or points of order to chair and chair rules
• All members may appeal chair's decision
• City Manager to set agenda and provide documentation to clerk no later than noon on Thursday preceding
meeting
• Council by unanimous vote may amend agenda to add items and anyone wishing to speak may be afforded
opportunity to speak
• Sets out order for public hearings and continuance procedures
• May suspend rules for good cause by vote of three members
• Failure to follow this resolution does not invalidate action taken
• Sign up sheets provided prior to meetings and from Monday through Wednesday in Clerks office 8 am to 4:30
pm for Introduction of New Business from Public and Public Hearings
• Public Input on agenda items allowed immediately prior to deliberation of an agenda item -may not address
after commencement of council deliberation unless recalled (no sign-up required)
• Introduction of New Business from public defined as item that has occurred or was discovered within previous
six months -must sign up (see above) -encouraged to sign up Thursday prior and provide documentation
for packet
• Five minute time limit for public input unless extended or reduced by chair based on time available
• May provide ten copies of written presentations
• All input addressed to chair
• Clerk does not provide verbs#im transcripts unless directed by majority vote of Council
LSE
8
R-05-26 -adopted -repealed R-04-26
• Regular Meetings tc~ be helot orr 2nd and 4~' Wednesdays at 7 pm and adjourn at 10:30 pm unless extended by
majority vote
• Motion to extend made only once and only for 30 minutes
• All unfinished business carried to beginning of next agenda unless prior to adjournment placed on special
meeting agenda
• Quasi judicial hearings when necessary conducted at special meetings on 1 ~` and 3`~ Wed at 7pm and
adjourn at 10:30 pm unless extended by majority vote
• City Manager may place quasi hearing on regular agenda at his discretion
• Workshops when necessary held on 1~ and 3`~ Wednesdays at 7 and adjourn at 10:30 pm unless extended
by majority vote - if there is a special quasi hearing -workshop shall follow -all unfinished business carried
to next workshop agenda
• Special meetings conducted in accordance with City charter and must adjourn at 10:30 pm unless extended
one time for 30 minutes
• No substantive decisions at workshops
• Adopts Robert Rules 9~' Edition but failure to follow does not invalidate action taken
• All members must vote unless there is conflict
• All members may make motions and second and deliberate without relinquishing chair
• All members may raise questions or points of order to chair and chair rules
• All members may appeal chair's decision
• City Manager to set agenda and provide documentation to clerk no later than noon on Thursday preceding
meeting
• Council by unanimous vote may amend agenda to add items and anyone wishing to speak may be afforded
opportunity to speak
• Sets out order for public hearings and continuance procedures
• May suspend rules for good cause by vote of three members
• Failure to follow this resolution does not invalidate action taken
• Public Input on agenda items allowed immediately prior to deliberation of an agenda item -may not address
after commencement of council deliberation unless recalled (no sign-up required)
• Introduction of New Business from public defined as item that has occurred or was discovered within previous
six months -individuals encouraged to meet with staff and provide documentation - No IOFBFB at special
meetings or workshops
• No time limit for oral presentations under Public Hearings, IONBFP and Input on Agenda items but majority
vote to terminate or limit presentation at any time
• May provide ten copies of written presentations
• All input addressed to chair
• Clerk does not provide verbatim transcripts unless directed by majority vote of Council
J ~~
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9
R-07-18 -adopted -repealed R-05-26
• Regular Meetings to be held on 2"d and 4~' Wednesdays at 7 pm and adjourn at 10:30 pm unless extended by
majority vote
• Motion to extend made only once and only for 30 minutes
• All unfinished business carried to beginning of next agenda unless prior to adjournment placed on special
meeting agenda
• Quasi-judicial hearings when necessary conducted at special meetings on 1 ~ and 3'~ Wed at 7pm and
adjourn at 10:30 pm unless extended by majority vote
• City Manager may place quasi hearing on regular agenda at his discretion
• Workshops when necessary held on 1 ~ and 3rd Wednesdays at 7 and adjourn at 10:30 pm unless extended
by majority vote - if there is a special quasi hearing -workshop shall follow -all unfinished business carried
to next workshop agenda
• Special meetings conducted in accordance with City charter and must adjourn at 10:30 pm unless extended
one time for 30 minutes (Charter provides must be held after 5 pm and at least 24 notice)
• No substantive decisions at workshops
• Adopts Robert Rules 9~' Edition but failure to follow does not invalidate action taken
• All members must vote unless there is conflict
• All members may make motions and second and deliberate without relinquishing chair
• All members may raise questions or points of order to chair and chair rules
• All members may appeal chair's decision
• City Manager to set agenda and provide documentation to clerk no later than noon on Thursday preceding
meeting
• Council by unanimous vote may amend agenda to add items and anyone wishing to speak may be afforded
opportunity to speak
• Sets out order for public hearings and continuance procedures
• May suspend rules for good cause by vote of three members
• Failure to follow this resolution does not invalidate action taken
• Public Input on agenda items allowed immediately prior to deliberation of an agenda item -may not address
after commencement of council deliberation unless recalled (no sign-up required)
• Introduction of New Business from public defined as item that has occurred or was discovered within previous
six months -individuals encouraged to meet with staff and provide documentation - No IOFBFB at special
meetings or workshops
• No time limit for oral presentations under Public Hearings, IONBFP and Input on Agenda items but majority
vote to terminate or limit presentation at any time however individuals are asked to try to limit IONBFP input to
five minutes
• May provide ten copies of written presentations
• All input addressed to chair
• Chair, to control meetings, will take following actions -first offense -verbal warning to move on -second
offense -offender to be seated -third offense which is refusal to be seated or other disrupted acts -offender
asked to leave premises
• Clerk does not provide verbatim transcripts unless directed by majority vote of Council
City council/Council meeting procedures since 1988
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10
Calendar year 2006
12 proclamations
44 certificates awarded
13 presentations
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tirstamenctmentcenter.org: rersonat ~ puniic expression m apeecn - 1 opic rage i or ~
Speech topic -Arts & free expression
Speaking at public meetings
By Davld L. Hudson 7r.
First Amendment scholar
A citizen feels strongly about an issue in the community. He or she attends a city
council meeting to voice those concerns. Unfortunately, the powers that be prohibit
the citizen from addressing the controversial topic. Have the citizen's First
Amendment rights been violated?
Such a scenario is not a product of a healthy imagination. It is a daily reality for
countless citizens across the country.
Sometimes government officials need to silence disruptive citizens or to prohibit
endless repetition. However, other times the officials may be squelching citizen
speech because they want to suppress the message. This article seeks to explain
the legal parameters surrounding the regulation of citizen speech.
Many government meetings are open to the public and reserve a "public comment"
time for citizen commentary on issues. The 9th U.S. Circuit Court of Appeals
explained in its 1990 decision White v. City of Norwa/k: "Citizens have an enormous
First Amendment interest in directing speech about public issues to those who
govern their city." These meetings, particularly the "public comment" period, are at
the very least a limited public forum during which free-speech rights receive
heightened protection.
Types of public forums
In First Amendment jurisprudence, government property that has by tradition or by
government operation served as a place for public expression is called a traditional
public forum or a limited public forum. In a traditional public forum, such as a public
street, speech receives the most protection and the government generally must
allow nearly all types of speech. Restrictions on speech based on content (called
content-based restrictions) are presumptively unconstitutional in a traditional public
forum. This means that the government can justify them only by showing that it has
a compelling state interest in imposing them, and that it has done so in a very
narrowly tailored way.
At limited or designated public forums, however, the government designates certain
types of subject matter. One court explained as follows: "After the government has
created a designated public forum, setting boundaries on classes of speakers or
topics, designated public fora are treated like traditional public fora." This again
means that content-based exclusions face a high constitutional hurdle. Even in
nonpublic forums, restrictions on speech must be reasonable and viewpoint-neutral.
One must be careful in discussing the public-forum doctrine, because courts do not
apply the doctrine with consistency. For example, some courts equate a limited
public forum with a designated public forum. Other courts distinguish between the
two, as a 2001 federal district court in Pennsylvania did in Zapach v. Dismuke. That
court noted that "there is some uncertainty whether limited public fora are a subset
of designated public fora or a type of nonpublic fora."
Just because something is called a public forum doesn't guarantee a person
unfettered freedom to utter whatever is on his mind. Public bodies can limit their ') ~/~
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http://www.firstamendmentcenter.org/speech/personal/topic. aspx?topic=speaking_meeting... 7/ 18/2007
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meetings to specified subject matters. Also, the government may impose
reasonable time, place and manner restrictions on speech as long as those
restrictions are content-neutral and are narrowly tailored to serve a significant
government interest.
In other words, the government could impose a 15-minute time limit on all
participants as long as it did not selectively apply the rule to certain speakers.
Council members would violate the First Amendment if they allowed speakers with
whom they agreed to speak a full 15 minutes, but allowed speakers they did not
agree with to speak for only five minutes.
It bears stressing that First Amendment rights are not absolute during public-
comment periods of open meetings. Speakers can be silenced if they are disruptive.
Disruption has been defined to include far more than noisiness and interference. For
example, a federal district court in Ohio wrote in Luckett v. City of Grand Prairie
(2001) that "being disruptive is not confined to physical violence or conduct, but
also encompasses any type of conduct that seriously violates rules of procedure that
the council has established to government conduct at its meetings."
"A speaker may disrupt a Council meeting by speaking too long, by being unduly
repetitious, or by extending discussion of irrelevancies," the 9th Circuit wrote in
White v. City of Norwa/k. "The meeting is disrupted because the Council is
prevented from accomplishing its business in a reasonably efficient manner. Indeed,
such conduct may interfere with the rights of other speakers."
Unfortunately, many situations arise in which citizens are silenced because of the
content of their speech or because they have disagreed previously. with a
government official. This raises the specter of censorship. Government officials may
not silence speech because it criticizes them. They may not open a "public
comment" period up to other topics and then carefully pick and choose which topics
they want to hear. They may not even silence someone because they consider him
a gadfly or a troublemaker.
In City of Madison Joint School District No. 8 v. Wisconsin Employment Relations
Commission, (1976) the U.S. Supreme Court said in acollective-bargaining dispute
case arising out of teachers' speaking at a board of education meeting:
"Regardless of the extent to which the true contract negotiations between a public
body and its employees may be regulated - an issue we need not consider at this
time -the participation in public discussion of public business cannot be confined to
one category of interested individuals. To permit one side of a debatable public
question to have a monopoly in expressing its views to the government is the
antithesis of constitutional guarantees. Whatever its duties as an employer, when
the board sits in public meetings to conduct public business and hear the views of
citizens, it may not be required to discriminate between speakers on the basis of
their employment, or the content of their speech."
A federal district court in Pennsylvania explained in the 1993 decision Wilkinson v.
eensa/em Township: "Allowing the state to restrict a person's right to speak based
on their identity could quickly lead to the censorship of particular points of view.."
,~ An Ohio appeals court refused to dismiss the lawsuit of an individual who sued city
' Z officials after being thrown out of a city commission meeting for wearing a ninja
t ~ ,~' mask. In City of Dayton v. Esrati (1997), the Ohio appeals court reasoned that the
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individual wore the mask to convey his dissatisfaction with the commission. "The
public nature of the legislative process and the right of citizens to participate in and
voice their opinions about that process are at the heart of democratic government,"
the court wrote. "The government may not impose viewpoint-based restrictions on
expression in a limited public forum unless those restrictions serve a compelling
state interest and are narrowly drawn to achieve that end."
Other issues
Courts have also been wary of laws, rules or regulations that prohibit criticism or
personal attacks against government officials. A federal district court in California
invalidated a school district bylaw that prohibited people at school board meetings
from criticizing school district employees. In Leventhal v. Vista Unified School
District (1997), the court wrote: "It seems clear that the Bylaw's prohibition on
criticism of District employees is a content-based regulation.... It is equally clear
that the District's concerns and interests in proscribing public commentary cannot
outweigh the public's fundamental right to engage in robust public discourse on
school issues."
Similarly, a federal district court in Virginia struck down a school board bylaw that
prohibited personal attacks during public comments at meetings. (See Bach v.
School Board of the City of Virginia Beach, 2001.)
Another kind of restriction on citizen speech at public meetings involves residency.
One federal appeals court determined that a city council rule prohibiting
nonresidents from addressing the city council was constitutional. In Rowe v. City of
Cocoa (2004), athree-judge panel of the 4th U.S. Circuit Court of Appeals
determined that a resident rule was reasonable and viewpoint neutral. "A bona fide
residency requirement ... does not restrict speech based on a speaker's viewpoint
but instead restricts speech at meetings on the basis of residency."
Conclusion
When a government decides to offer a "public comment" period at an open meeting,
it provides that citizens may exercise their First Amendment rights. Government
officials can limit comments to the relevant subject matter, control disruptive or
overly repetitive speakers and impose reasonable time, place and manner
restrictions on speech. However, when government officials create apublic-
comment forum, they have created a limited public forum in which greater free-
speech protections apply. The government may not silence speakers on the basis of
their viewpoint or the content of their speech. The government must treat similarly
situated speakers similarly. In essence, the government must live up to the values
embodied in the First Amendment.
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Print Forme`'-
INDIAN RIVER COUNTY BOARD OF COUNTY COMNIISSION
REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION
Any organization or individual wishing to address the Board of County Commission shall complete this
form and submit it to the Indian River County Administrator's Office.
PUBLIC DISCUSSION INFORMATION
Indian River Conntx Code Section 102.04(9)(b): as a general rule, public discussion
items should be limited to matters on which the commission may take aMion
Indian River Conntx Code Section 102.07f2): limit remarks to three minutes unless
additional time is granted by the commission
NAME OF INDIVIDUAL OR ORGANIZATION:
ADDRESS:
SUBJECT MATTER FOR DISCUSSION:
IS A PRESENTATION PLANNED?
IS BACK-UP BEING PROVIDED?
PHONE:
Yes [ No
Yes No
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IS THIS AN APPEAL OF A DECISION? Yes No
WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION?
ARE PUBLIC FUNDS OR ACTIVITIES REQUIItED? ~ Yes ~ r No
WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST?
Transmitted to Administrator Via:
Interactive Web Form
E-Mail
Fax
Mail
Hand Delivered
Phone
COUNTY ADMINISTRATOR:
MEETING DATE:
Joseph A. Baird
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