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HomeMy WebLinkAbout03142011CRC Agenda:Rtl 5 HOME OF PELICAN ISLAND CHARTER REVIEW COMMITTEE MEETING AGENDA MONDAY, MARCH 14, 2011 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET. SEBASTIAN. FLORIDA OR ON THE CITY WEBSITE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES A. February 14, 2011 5. PUBLIC INPUT 6. NEW BUSINESS A. Priority List Review and Discussion Section 1.02 (1) Extraterritorial power— remove poor houses Section 1.02 (6) Dairies and stock remove dairies and slaughter houses Section 2.03 Election Section 2.04 Terms Section 2.05 Compensation; expenses Section 2.06 Mayor; vice mayor Section 2.08 Vacancies; forfeitureof office; filling of vacancies Section 2.09 Judge of qualifications Section 2.10 City council- employee relationship conflict with 2.11 Section 2.11 Investigations Section 2.12 Procedure Section 2.14 Codes of technical regulations Section 2.15 (b) codification and 2.15 (c) printing of ordinances and resolutions Section 3.03 Removal [of Charter Officer] Section 3.04 City Manager; powers and duties Section 3.06 Police Department Section 4.04 Special election for other purposes Section 4.08 (c) 'Monday special meeting may change] Section 4.12 Election procedures; fie vole Section 4.13 Conduct of candidates for election office Section 5.03 Charter Review Committee 7. ADJOURN HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING 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. (F.S.286.0 /05) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITYS ADA COORDINATOR AT 586 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 1. Chairperson Louise Kautenburg called the meeting to order at 6:05 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Bob Daberkow John Danise Adrina Davis Linda DeSanctis Ed Dodd Dan Dragonetti Jeanne Hill Louise Kautenburg, Chair Janet Kennedy Donna Keys absent (excused) Mary McGee Bob McPartlan Carolyn Sartain Anderson Ruth Sullivan Bob Zomok, Vice Chair Staff Present: City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams 4. APPROVAL OF MINUTES A. January 3, 2011 S EBASTIA N HOME OF PELICAN ISLAND CHARTER REVIEW COMMITTEE MEETING MINUTES MONDAY, FEBRUARY 14,2011 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA MOTION by Adrina Davis and SECOND by Linda DeSanctis to approve the January 3, 2011 minutes carried unanimously on a voice vote. Charter Review Committee Meeting February 14, 2011 Page Two 5. NEW BUSINESS A. Review Each Members' Recommendations and Create Priority List (Memo. Charter) Chairperson Kautenburg described the process whereby the committee reviews the Charter, comes up with their recommendations for Charter provision additions or deletions and ultimately recommend to Council, which has the final decision as to what will appear on the ballot. She said the questions should be in an understandable format, carefully explain the purpose of the amendments without going into territory that takes four pages of explanation. The City Attorney advised that, depending on timing, he may reserve the right to wait until Council has the recommendation from the Committee before them and decides what issues to bring forward to prepare the ordinances, or, with time permitting he may provide the specific questions to the Committee for review. He explained that charter amendment questions may have no more than 15 words in the title and 75 words of summary explanation on the ballot. Chairperson Kautenburg noted that Vice Chairman Zomok had provided his list of priorities in writing (see attachment A). She then asked if anyone else had written comments, and since no one did, she asked the Committee to go around the table and have each member list the sections which they felt needed adjustment. Mr. Zomok's sections were 2.01, 2.04, 2.12 and 3.04. Mary McGee suggested there be no special elections in the event of a Council vacancy due to the high cost and have only general elections. She cited Section 2.08, Vacancies; forfeiture of office; filling of vacancies. Ed Dodd listed Section 3.03 Removal fof Charter Officer], and Division 2. Section 3.06 Police Department, noting that the Police Chief is not a charter officer, and questioned the need for that section. Carolyn Sartain Anderson said this has been awonderful learning experience and thanked Mr. Wolff for her appointment. She suggested that this committee meet every four years instead of every five years, Section 5.03 Charter Review Committee. She said Section 2.06 Mayor and City Manager duties, Section 3.04 City Manager; powers and duties. as well as removal of any officer, Section 3.03 Removal. Linda DeSanctis listed Section 2.03 Election and 2.04 Terms. Bob Daberkow listed 2.03 Election, 2.04 Terms, 2.05 Compensation; expenses, and 5.03 Charter review committee, recommending it be every four years rather than every five years. Bob McPartlan listed 2.01 Composition and 2.05 Compensation; expenses and suggested tweaking Articles 3 and 5. Charter Review Committee Meeting February 14, 2011 Page Three John Danise, said in his review he saw the Charter as a cumbersome document and wondered if it could it be simpler. He said he felt special elections were a waste of money, said he would like to hear comments from the Charter officers, and suggested inviting the public for input. Janet Kennedy listed Section 2.05 Compensation; expenses, and questioned the need for special elections. Adrina Davis suggested the repeal of the reference in Section 1.02 (1) to poor houses. and in 1.02 (6) Dairies and stock. He said he was against special elections, thought the Mayor should be elected by the people, and that we should keep the Police Chief as a charter officer. Ruth Sullivan said the sections she had concerns about had already been listed. Mr. Dragonetti said he served on the last Charter Review Committee and had no other concerns at this time. Jeanne Hill said the section she had concerns about had already been listed. The City Clerk cited the difference in election costs for odd and even numbered year elections, noting the 2009 election cost approximately $34,000 and 2010 approximately $7,000, and any consideration of going to even numbered year elections would affect Sections 2.03, Election, 2.04 Terms, and 2.06 Mayor; vice mayor; and for Sections 2.04. (b) and 4.08 (c) she and the City Attorney had discussed moving forward the time for swearing in because of Supervisor of Elections schedule for certification of results which could cause a conflict. She also cited Sections 2.14 Codes of technical regulations and 2.15 (b) codification maintenance of paper records citing electronic means are available, Section 4.04 Special election for other purposes which is affected by the Supervisor of Elections schedule under Statutes, and Section 4.12 Election procedures; tie vole suggesting perhaps going back to deciding ties by lot instead of special election which is the way the City used to do it, that by lot is what is currently set out in Florida Statutes and It would save costs. The City Attorney said there are repetitive portions of the Charter and we can delete duplicate references, said if they eliminate special elections, every odd numbered year is a special election and they would have to consider only even numbered year elections which are general elections and term length would have to be considered. He said Section 2.08 (c) Vacancies; forfeiture of office; filling vacancies needs to be rewritten, Section 2.09 Judge of qualifications should be deleted; and cited conflict between Section 2.10 City council employee relationship and Section 2.11 Investigations. He also said that the Committee can recommend that reserved numbers be eliminated and the Charter renumbered, or generally cleaned by one question. In response to Mary McGee, the City Attorney noted that 2.15 (b) cites copies available for free when in fact there is a cost involved, and in 2.15 (c) prices are fixed by City Council and it needs to be one or the other. He said in reference to 3.03 (b) removal of Charter officers that it can be removed but it is a policy issue. He also cited 4.13 Conduct of candidates for election office, which may need to follow decisions they make on other sections. Ms. Kautenburg said in some cities which do not have an elected Mayor the title is changed to Chairman. 3 Charter Review Committee Meeting February 14, 2011 Page Four B. Begin Review of Entire Charter In Order By Sections Focusing on Priority List Sections listed for further discussion: 1.02 (1) poor houses 1.02 (6) Dairies and stock 2.01 Composition 2.03 Election 2.04 Terms 2.05 Compensation; expenses 2.06 Mayor; vice mayor 2.08 Vacancies; forfeiture of office; filling of vacancies 2.09 Judge of qualifications 2.10 City council- employee relationship conflict with 2.11 2.11 Investigations 2.12 Procedure 2.14 Codes of technical regulations 2.15 (b) codification 2.15 (c) printing of ordinances and resolutions 3.03 Removal fof Charter Officer] 3.04 City Manager; powers and duties 3.06 Police Department 4.04 Special election for other purposes 4.08 (c) [Monday special meeting may change] 4.12 Election procedures; tie vote 4.13 Conduct of candidates for election office 5.03 Charter Review Committee 2.01 Composition— Leave As Is Ms. Kautenburg recommended going to seven members rather than five to alleviate tie vote issues and following discussion of the matter and advice from the City Attorney on the outcome of a tie vote and Section 2.12 which requires affirmative vote of three members to approve an item, there was no other support for the change to a seven member Council. 202 Eligibility Leave As Is This item was deemed to be sufficient after the City Attorney advised it was written correctly. 2.03 Election and 2.04 Terms Will have further discussion Discussion took place on whether elections should take place every other year based on cost, whether people would support it, whether there is a need for term limits, how terms could be rotated, and the need to hear from the public. The City Attorney advised that the report the committee provides to Council will be public information. Ms. Kautenburg asked if it was legal for the City to promote an issue and the City Attorney said it was 4 Charter Review Committee Meeting February 14, 2011 Page Five ATTEST: legal as of a recent law change. As to 2.04(b) this will have further discussion due to the State certification schedule and the awkwardness of the current procedures. 2.05 Exoenses Will have further discussion Following some discussion it was decided to discuss this further and the Chairperson advised members to go out and talk to others and get their input, though not each other. 2.06 Manor: vice manor will have further discussion Discussion took place on Ms. Kautenburg'ssuggestion to change' `mayor "to'chairman" and there was no support for that. Bob Zomok had suggested language from the model charter which allows a means to Judge mayor, and vice -mayor performance. Ms. Kautenburg said the City Manager's duties were also mentioned. A brief discussion followed on listing duties, allowing flexibility and assessing performance. 6. At 7 :37 p.m., Mr. Davis made a MOTION to adjourn the Charter Review Committee meeting with a SECOND by Ms. McGee. Motion carried. Ms. Kautenburg encouraged the committee members to talk to the public about these proposals to receive feedback and asked the City Clerk to send out a list of the Charter sections that members asked to be reviewed. (see attachment B) Approved al the March 74'+', 2011 Charter Review Committee meeting. Louise Kaufenburg. Chairman Sally A. Maio. MMC City Clerk ATTACHMENT B Charter Sections listed for further discussion: 1.02 (1) poor houses 1.02 (6) Dairies and stock Is it necessary to reference poor houses and other references outdated. 2.03 Election Continue with annual elections or go to even year elections to save election costs? If you to only even numbered year elections what effect on Council terms? Are term limits needed? Move the Monday special meeting forward to accommodate SOE schedule for certification of results maybe at regular meeting at least two weeks after election? 2.04 Terms Should Council terms be changed to fouryears if we go to even numbered year elections? Are term limits needed? Move the Monday special meeting forward to accommodate SOE schedule for certification of results maybe at regular meeting at least two weeks after election? 2.05 Compensation: expenses Should Council salaries be changed or removed from the Charter? 2.06 Manor: vice manor Move the Monday special meeting forward to accommodate SOE schedule for certification of results -maybe at regular meeting at least two weeks after election? Do the duties of the Mayor and Vice Mayor need to be addressed? Should the Mayor be elected by the people? 2.08 Vacancies; forfeiture of office; filling of vacancies. Should the need for a special election to fill vacancies be removed? City Attorney concern for forfeiture of office language and filling of vacancies language is confusing and needs to be rewritten 2.09 Judge of qualifications City Attorney concern for current language 2.10 Cif y council- employee relationship -conflict with 2.11 2.11 Investigations City Attorney concern with conflicting language 2.12 Procedure Zomok request to compare to model charter 2.14 Codes of technical regulations 2.15 (b) codification and 2.15 (c) printing of ordinances and resolutions City Clerk cannot authenticate standard codes of technical regulation such as Southern Building Code -we reference them in our ordinances but they are not kept with Code or in -house are now in electronic format We do retain master paper and imaged copies of ordinances and resolutions prices for codification is set by Municipal Code Corporation which codifies for us we are encouraging people to use the MCC on -line codes rather than distributing anymore books also prices for copies are set by FS but are confirmed in our Records Manual which is adopted by Council This doesn't necessarily need to be amended as long as it is understood thal it is outdated 3.03 Removal (of Charter Officer) Should removal procedures be amended? 3.04 City Manager: Rowers and duties Should powers and duties be amended? 3.06 Police Department Should reference to Police Department remain in Charter? Police Chief is not a Charter officer. 4.04 Special election for other purposes Should special elections be eliminated? Need the CA to explain what this paragraph is really saying. Are all referendum questions done at 'special" elections, and if so, the time frame set out in the provision does not work with the SOE schedule for preparation of ballots if we put referendum question on the November ballot. Is there a conflict with 4.07 reference to 'or questions to be decided'. 4.08 (c) (Monday special meeting may channel Move the Monday special meeting forward to accommodate SOE schedule for certification of results maybe at regular meeting at least two weeks after election? Should the'old" City Council or the 'new" City Council receive the certificate of the canvassing board at the meeting where the new members are sworn? 4.12 Election procedures: fie vole Member concerns about cost of special elections FS 100.181 allows tie votes to be decided by lot. 100. 181 Determination of person elected. The person receiving the highest number of votes cast in a general or special election for an office shall be elected to the office. In case two or more persons receive an equal are highest number d votes for the same office, such persons shall draw lots to determine who shall be elected to the office. 4.13 Conduct of candidates for election office City Attorney concern for language 5.03 Charter Review Committee How often should the Committee meet? How many members should the committee have? 1 2/15/11 In support of specifics in tel11)s of defining certain aspects of City Government or City 1)OSitions. 1f we look at the proposed items included in the Model City Charter for the City Manager, we see a list of specifies that are', relatively speaking genera] in natula. (Section 3.04 from the Mode] was included with the hand -outs at the 02/14/2011 meeting and is included be] ow.) So, why include them? From a management perspective, a listing of this type promulgates the expectations of City government. Further•, continuing from a leadership perspective, managing expectations is a major and formidable task. By including this type of listing, the incumbent has a better idea of what is expected of him /her. The person or persons lasponsible for appraising the performance Of that individual has communicated aset of expectations for which the person can be held accountable and Upon which the person can be effectively evaluated. Should the pbsit]on become vacant, the person (s) responsible for me uiting into that position have a definitive set of guidelines to assist them in attracting and mtaining the most qualified candidate. Why not include them? To some, a listing like this seems to create a perspective of i miti ng This. is true When writing pig] icy; however, we am attempting to put in place expectations and guidelines for people performing their job. 1 believe there is a majordiffelance between mating policy designed to provide adequate room thr maneuvering in given situations, but, how much maneuverability should be granted to persons in specific administrative roles within our City Government? Section 3.04. Powers and Duties of the City Manager. (from the Model Charter) Commentary. Although this section equips the manager with the necessary legal authority to discharge administrative responsibilities, the manager's authority may be limited in some states by provisions of state constitutions or laws. The listing of the manager's powers and duties assumes that the manager w1]] not only p cltorm managerial duties in the city's operations but will also have a significant role in the development of policy. Them are important policy implications in the manager's duties to prepare and Submit the budget; to report on the city's finances, administrative activities, departmental operations and futur: needs; and to make recommendations on city affairs. The duty to provide staff support for the mayor and council members includes providing l nfamatl on on policy issues below. the council. The expanded duties listed in items 9, and 3 of the eighth edition reflect the complex lt'sponsibi] ities assigned to managers to make the pnxessek of governance work in the community. The city manager shall he the -chief executive officer of the city, msponsi hle to the council for the management of all city affairs placed in tlx: manager's charge by or under this chaster. The city manager shall: Appoint and suspend or remove all city employees and appointive administrative officers provided for by or under this charter, except as otherwise provided by law, this chaster or personnel rules adopted pursuant to this charter. The city manager may authorize any administrative officer subject to Ike manages dimetion and supervision to exercise these powers with itspect to suh01[li nates in that Officer's department, office or agency; (2) Direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings. The city manager shall have the right to take part in discussion but shall not vote; (4) See: that all laws, provisions of this charter and acts of the city council, subjectto enforrementby the city manager or by officers subject to the manager's dlimbction and supervision, are faithfully executed; (5) Pmpare and submit the annual budget and capital program to the city council, and implement the final budget approved by council to achieve the, goals of the city; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end ofeach fiscal year; (7) Make such other reports as the city council may requiit concerning operations; (8) Keep the city council fully advised as to the financial condition and future needls of the city; (9) Make nlcommendati on s to the city council conca•ing the af'ai is of the city and faci l itate the work of the city council in developing policy; 0) Provide staff support services for the mayor and council members; (l Assist the council to develop long term goals for the city and strategies to implement these goals; 2) Encourage and provide staff support for regional and intergovernmental cooperation; 3) Promote partnerships among council, staff, and citizens in developing public policy and building a sense ofcommunity; and 4) Perform such Other duties as, are specified in this charter or may be redluimcl by the city council. 2/15/11 Sec. 2.03. Election. (a) [T]here shall be held a general election of two (2) council members on the first Tuesday following the first Monday in November of each even numbered year and of three (3) council members in each odd- numbered year. (b) The city elections shall have at large voting. (Ord. No. 0- 91 -29, 1, 1 -8 -92: Ord. No. 0- 93 -03, 3, 1- 27 -93: Ord. No. 0 -06- 11, 1, 10- 11 -06) Proposed Language (a) There shall be a general election of 2 Council members on the first Tuesday following the first Monday in November of each even numbered year. (b) There shall be a general election of 3 Council members on the first Tuesday following the first Monday in November of each even numbered year beginning in 2014. (c) There shall be one general election in November 2011 for three (3) Council members for a term of three (3) years. Beginning in November 2014 and every four (4) years thereafter, the three (3) Council members will be elected for four (4) years terms. (d) The city elections shall have at large voting. (Ord. No. 0- 91 -29, 1, 1 -8 -92: Ord. No. 0- 93 -03, 3, 1- 27 -93: Ord. No. 0 -06- 11, 1, 10- 11 -06) Sec. 2.04. Terms. (a) The terms of the council members shall be for two (2) years, or until a successor has been duly elected or appointed and sworn. (b) The term of each newly elected council member shall begin on the Monday following the election, at a special meeting of the city council to be held for the purpose of swearing in such newly elected officials. If a regular city council meeting is to be held the Monday following the election, the newly elected officials shall be sworn in at the conclusion of such regular meeting. (Ord. No. 0- 91 -29, 1, 1 -8 -92: Ord. No. 0- 93 -03, 4, 1- 27 -93) Proposed Language 1 :wl /1 a) The terms of the council members shall be for four (4) years, or until a successor has been duly elected or appointed and sworn. (b) The term of each newly elected council member shall begin at the next regularly scheduled meeting of the Council. The newly elected officials shall be sworn in at the conclusion of such regular meeting. (Ord. No. 0- 91 -29, 1, 1 -8 -92: Ord. No. 0- 93 -03, 4, 1- 27 -93) Proposed Language Sec. 2.05. Compensation. The mayor, vice -mayor and each of the other council members shall be paid the following amounts on a monthly basis: (1) Mayor: Four hundred fifty dollars ($450); (2) Vice mayor: Three hundred dollars ($300); and (3) Council members: Three hundred dollars ($300). (Res. No. R- 82 -22, 9 -8 -82; Res. No. R- 87 -04, VI, 2 -4 -87; Ord. No. 0- 91 -29, 1, 1-8-92; Ord. No. 0- 93 -02, 1, 1- 27 -93; Ord. No. 0- 99 -22, 1, 11 -3 -99, election of 3- 14 -00) (Comments at the lass meeting of the Charter Review Committee, the point was made that the pay amount for the Mayor, Vice mayor, and Council members was last changed 10 years ago. Rather than attempt to set a specific amount, should the Committee consider and "automatic" adjustment, e.g., tie an increase in the base pay to the change in the Social Security cost -of- living adjustment.) The mayor, vice -mayor and each of the other council members shall be paid the following amounts on a monthly basis: (1) Mayor: Four hundred fifty dollars ($450); (2) Vice mayor: Three hundred dollars ($300); and (3) Council members: Three hundred dollars ($300). (4) The above amounts will be adjusted annually, in January, based on the change in the Social Security cost -of- living adjustment. (Res. No. R- 82 -22, 9 -8 -82; Res. No. R- 87 -04, §VI, 2 -4 -87: Ord. No. 0- 91 -29, 1, 1 -8 -92; Ord. No. 0- 93 -02, 1, 1- 27 -93; Ord. No. 0- 99 -22, 1, 11 -3 -99, election of 3- 14 -00) Sec. 2.06. Mayor; vice mayor. (a) Mayor Selection and term [AFter the seating of any newly elected council members at the special city council meeting held pursuant to Section 2.04, the new city council shall, as the first order of business, elect a mayor from among its members. The incumbent mayor or in his or her absence, the vice -mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor. After all nominations have been made, the nominations shall be closed. The city clerk shall then call the roll of the council members and each council member shall cast an affirmative vote for the council member of their choice. The council member that receives a majority vote shall be elected mayor. In the event no council member receives a majority of the votes cast on the first ballot, balloting with sequential roll calls shall continue until a council member receives a majority vote. Council members shall not nominate themselves. Only elected council members shall be eligible for the office of mayor. Proposed Language (a) Mayor Selection and term [Niter the seating of any newly elected council members at the next, regular city council meeting held pursuant to Section 2.04, the new city council shall, as the first order of business, elect a mayor from among its members. The incumbent mayor or in his or her absence, the vice mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor. After all nominations have been made, the nominations shall be closed. The city clerk shall then call the roll of the council members and each council member shall cast an affirmative vote for the council member of their choice. The council member that receives a majority vote shall be elected mayor. In the event no council member receives a majority of the votes cast on the first ballot, balloting with sequential roll calls shall continue until a council member receives a majority vote. Council members shall not nominate themselves. Only elected council members shall be eligible for the office of mayor. (1) If there is no mayor seated on the new or existing city council, a temporary city council chairperson may be elected from the incumbent members of the city council for the purpose of electing a mayor as set forth above. (Retain this section as it is in the current Charter) (2) In the event there is only one nomination and second for mayor, the nominee shall be seated as mayor. (Retain this section as it is in the current Charter) (b) Mayor Duties., general. The mayor shall preside at each meeting of the city council, shall have a vote upon matters before the city council, but shall not possess a veto power. The mayor shall have the power to preserve the peace and order, be recognized as the head of the city government for all ceremonial purposes, and shall be recognized by the governor as the head of the city government for purposes of military law. The mayor shall sign all ordinances, resolutions and proclamations of the city council or other documents as required by law on behalf of the city as directed and authorized by the city council, which shall also be attested by the city clerk. Proposed Language The mayor shall he a voting member of the city cou0ci] and shall attend and preside at meetings ofthe council, represent the city in intergovemmcntal relationships, appoint with the advice and consent of the mind] the members ofciti Zen advisory boaMs and commissions, pItscnt an annual state of the city message, appoint the members and officers of council committO s, assign subject to the consent of council agenda items to Committees, and pe other duties specified by the council. The mayor shall have the power to preserve the peace and, shall be recognizccl as head of the city government for a]] cciamonial purposes and by the governor for purposes of military law but shall have no adm inistrative duties. (c) Vice mayor Selection and terra Immediately subsequent to the selection of a mayor, the city council shall elect a vice -mayor from among its members. The term of the vice -mayor shall be for one year or until his or her successor is elected. The vice -mayor shall be elected using the same procedure as for the election of mayor. (Retain this section as k is in the current Charter) (d) Vice mayor Duties, general In the absence or disability of the mayor, the vice -mayor shall serve as mayor during such absence or disability. In the absence or disability of both the mayor and vice mayor, the senior member of city council shall serve as mayor during such absence or disability. (Retain this section as it is in the current Charter) (e) Vacancies. In the event the office of mayor shall become vacant during the course of a term, the vice -mayor shall succeed to the office of mayor. In the event the office of vice -mayor shall become vacant during the course of a term, a new vice -mayor shall be chosen as the first order of business at the next council meeting. (Retain this section as it is in the current Charter) (Ord. No. 0- 91 -30, 1, 1 -8 -92; Ord. No. 0- 93 -03, 5, 1- 27 -93; Ord. No. 0 -99- 23, 1, 11 -3- 99, election of 3-14-00: Ord. No. 0- 06 -10, 1, 10- 11 -06; Ord. No. 0- 06 -11, 2, 10- 11 -06) 5 :S /1 /11 Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of council member or the mayor shall become vacant upon his/her death, resignation, removal from office in any manner authorized by law or forfeiture of his/her office. (Retain this section as it is in the current Charter) (b) Forfeiture of office. A council member or the mayor shall forfeit his/her office if he/she: (1) Lacks at any time during his/her term of office any qualification for the office prescribed by this Charter or by law: (2) Violates any express prohibition of this Charter: (3) Is convicted of a crime involving moral turpitude: or (4) Fails to attend three (3) consecutive regular meetings of the city council without being excused by the city council. (Retain this section as it is in the current Charter) (c) Filling vacancies. In the event of a vacancy in the office of a council member, the city council shall, by taking individual nominations and voting thereupon, appoint a person having the qualifications of council member to occupy such office until the earlier of (1) the seating of a successor elected by the electorate of the city at the next general municipal election for the city where the qualifying period for seeking election for council members has not expired, or (2) for the remainder of the unexpired term of the council office in which the vacancy exists. In the event a successor is to be elected for the unexpired term, the candidates shall run specifically for that seat on the council. (Retain this section as it is in the current Charter) However, if there is no general election within a six -month period of the occurrence of the vacancy and the unexpired term for the vacant seat exceeds six months, a special election shall be held with all due haste to elect a successor, and the appointee shall serve until the successor is seated at the first regular meeting of the council following certification of the election results. (Retain this section as it is in the current Charter) (Ord. No. 0- 88 -43, §2, 1- 11 -89: Ord. No. 0- 91 -29, 1, 1-8-92: Ord. No. 0 -91- 30, 2, 1 -8 -92: Ord. No. 0- 93 -02, 2, 1- 27 -93: Ord. No. 0- 99 -24, 1, 11 -3 -99, election of 3 -14- 00) Editor' note: Section 1 of Ord. No. 0- 88 -43, adopted January 11, 1989, repealed former §2.08 in its entirety and 2 of the ordinance renumbered 2.09 as 2.08. The repealed provisions pertained to supervision over administrative officers and derived from the original Charter of the city adopted by Ord. No. 0- 78-9 on October 9, 1978. Sec. 2.09. Judge of qualifications. The city council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. Upon the filing by a sitting member of council of a written charge that a member has committed conduct violating section 2.08(b), the city council must vote whether said charge would, if proved, constitute a violation and whether a reasonable basis exists for believing the violation occurred, and upon an affirmative determination by the majoriy, a special meeting shall be scheduled within thirty (30) days for a hearing on the charge. Alternatively, a member charged by a member of the public with conduct constituting grounds for forfeiture of his/her office shall be entitled to a public hearing on demand. Notice of such hearing shall be published in one (1) or more newspapers of general circulation in the city at least one (1) week in advance of the hearing. Decisions made by the city council under this section shal be subject to review by the courts. (Retain this section as it is in the current Charter major portions of this Section are identical to the language found in the Model Charter) (Ord. No. 0- 88 -43, §3, 1- 11 -89: Ord. No. 0- 91 -29, 1, 1-8-92: Ord. No. 0 -99- 25, 1, 11 -3- 99, election of 3- 14 -00) Editor' note: Section 3 of Ord. No. 0- 88 -43, adopted January 11, 1989, renumbered 2.10 as 2.09. Sec. 2. 10. City council employee relationship. Neither the city council nor any of its members shall in any manner dictate the appointment or removal of any city employee except the charter officers nor shall the city council or any of its members give orders to any employee, other than city council orders to a charter officer. The city council or its members shall implement all policy matters through the appropriate charter officer. (Retain this section as it is in the current Charter this language is identical to that found in the Model Charter) (Ord. No. 0- 88 -43, §4, 1- 11 -89: Ord. No. 0- 91 -29, 1, 1 -8 -92) Editor's note: See the editor's note following 2.09. Sec. 2. 11. Investigations. The city council may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be guilty of a misdemeanor. (Retain this section as it is in the current Charter this language is identical to that found in the Model Charter) Commentary from the Model Charter 'I11is section gives the council, but not the manages; the power to make investigations. The manager has the power to appoint, it'move, and suspend officers, but it is inappropriate for the manager to have the power to subpoena witnesses and compel prixluction of evidence. (Ord. No. 0- 88 -43, §8, 1- 11 -89: Ord. No. 0- 91 -29, 1, 1 -8 -92) Editor's note: Sections 5 -7 of Ord. No. 0- 88-43, adopted January 11, 1989, repealed former §§2.11--2.13 which pertained to the city manager, city clerk and city treasurer and derived from the Charter adopted October 9, 1978, by Ord. No. 0 -78 -9. Sections 2.14 -2.19 of the Charter were renumbered as 2.11 -2.16 by 8 -13 of Ord. No. 0- 88-43. Sec. 2.12. Procedure. (a) Meetings. The city council shall meet regularly at least once a month at such times and places as the city council may prescribe by resolution. Special meetings of the city council may be held on the call of the mayor or any council member. There shall be at least twenty -four (24) hours advance notice of any special council meeting called and said meetings shall only be held after 5 p.m. (Retain this section as it is in the current Charter major portions of this Section are identical to the language found in the Model Charter) Proposed Additional Language from the Model Charter Except as allowed by state law, all meetings shall be public; however, the council may recess for the purpose of discussing in a ckxsed or executive session limited to its own membership any matter which would tend to defame or prejudice the character or reputation of any person, if the general subject matter for consideration is expressed in the motion calling for such sesskon and final action on such motion is not taken by the council until the matter is placed on the agenda. If a public emergency exists any council member or charter officer may call a special meeting, and the advance notice requirement as well as the time restriction shall be waived. All city council meetings shall be public meetings, except as otherwise permitted by law. (b) Rules and journal. The city council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record. (Retain this section as it is in the current Charter identical to the language found in the Model Charter) (c) Voting. Voting may be by voice vote, except that a roll call vote shall be required on appropriation of funds, for the approval of an ordinance or upon any motion upon the call of any council member. The ayes and nays on each roll call vote shall be recorded in the minutes of the meeting. Three (3) members of the city council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent council members in the manner and subject to the penalties prescribed by the rules of the city council then in force. No action of the city council, except as otherwise provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of three (3) or more council members. (Retain this section as it is in the current Charter major portions of this Section are identical to the language found in the Model Charter) (Ord. No. 0- 88 -43, §9, 1- 11 -89: Ord. No. 0- 91 -29, 1, 1-8-92: Ord. No. 0 -91- 30, 3, 1 -8 -92: Ord. No. 0- 93 -02, 3, 1- 27 -93: Ord. No. 0- 99 -26, 1, 11 -3 -99, election of 3 -14- 00: Ord. No. 0- 06 -13, 1, 10- 11 -06) Editor' note: See the editor's note following 2.11. Sec. 2. 14. Codes of technical regulations. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally, except that: (1) The requirements of state law for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance: and (2) A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the city clerk. (Ord. No. 0- 88 -43, 11, 1- 11 -89: Ord. No. 0- 91 -29, 1, 1 -8 -92) Editor's note: See the editor's note following 2.11. (Retain this section as it is in the current Charter identical to the language found in the Model Charter) The point made by Sally Maio is that the City Clerk cannot authenticate standard codes. Since this language is identical to the language found in the Model Charter, the term 'authenticate" needs to be clarified. Perhaps the City Attorney can assist the Committee in this clarification. Sec. 2.15. Authentication and recording; codification; printing. (a) Authentication and recording. The city clerk shall authenticate by such clerk's signature and record in full in a properlyindexed book kept for such purpose all ordinances and resolutions adopted by the city council. (Retain this section as it is in the current Charter identical to the language found in the Model Charter (b) Codification. The city council shall provide for the preparation of a general codification of all city ordinances and resolutions having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly in bound or loose -leaf form, together with this Charter and any amendments thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This codification shall be known and cited officially as the Code of Ordinances of the City of Sebastian, Florida. Copies of the Code shall be furnished to city officers, placed in libraries and public offices for free public reference, and made available for purchase by the public at a reasonable price fixed by the city council. The Code of Ordinances of the City of Sebastian, Florida, as amended as of the effective date of this ordinance, is hereby validated, confirmed and shall be admissible in evidence in the courts of the state without proof of any procedural notice or action relating to their adoption. (Retain this section as it is in the current Charter this language is almost identical to the language found in the Model Charter) (c) Printing of ordinances and resolutions. The city council shall cause each ordinance and resolution having the force and effect of law and each amendment to this Charter to be printed following its adoption, and the printed ordinances, resolutions and charter amendments shall be distributed or sold to the public at reasonable prices to be fixed by the city council. Following publication of the first Sebastian City Code and at all times thereafter, the ordinances, resolutions and charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for integration therein. (Retain this section as it is in the current Charter it is almost identical to the language found in the Model Charter) (Ord. No. 0- 88 -43, 12, 1- 11 -89; Ord. No. 0- 91 -29, 1, 1 -8 -92) Editor' note: See the editor's note following 2.11.