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HomeMy WebLinkAbout1987 Change to City Manager Form of GovernmentRE SO LpgU TI10N NO. A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PRO- VIDING FOR THE HOLDING OF A REFERENDUM IN THE CITY OF SEBASTIAN, FLORIDA ON THE 10TH DAY OF MARCH, 1987, ON PROPOSED AMENDMENTS TO SECTION 2.05, AND SECTION 2.11, OF THE CITY CHARTER AND THEREBY CHANGING THE FORM OF GOVERNMENT FROM A STRONG MAYOR TO A CITY MANAGER AND REDUCING THE SALARY OF THE MAYOR FROM $19,500.00 TO $4,800.00 PER YEAR; DESIGNATING THE POLLING PLACES, THE FORM OF THE OFFICIAL BALLOT, THE MANNER OF CONDUCTING THE ELECTION; PROVIDING FOR THE RETURN AND CANVASSING THE ELECTION; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: 2EQTIQN I A Referendum shall be held in the City of Sebastian, Florida, on Tuesday, the 10th Day of NgLch, 1987, to vote on two proposed amendments to the City Charter to accomplish the following: (1) To change the form of the Government of the City of Sebastian from a Strong Mayor to a City Manager Form of Government whereby the City Manager will assume the vast majority of the duties of the Mayor and will become the Chief Administra- tive Officer of the City. (2) Reduce the salary of the Mayor from $19,500.00 to $4,800.00 per year because of the reduction in duties and respon- sibilities of the Office of Mayor. 5ECTIQyy II That the existing Strong Mayor Form of Government would con- tinue until the mayoral election of MhOQ, 1988, at which time the Mayor whose term of Office starts on March 14, 1988, will have reduced duties and responsibilities and earn the reduced salary. 1 $EQTION III The form of the Official Ballot shall be as follows: OFFICIAL BALLOT CITY OF SEBASTIAN REFERENDUM (CITY MANAGER; MAYOR'S SALARY DECREASE) Shall Section 2.05 and Section 2.11 of the City Charter be changed, effective on Monday, March 14, 1988, to establish a City Manager form of Government and reduce the salary of the Mayor from $19,500 to $4,800 per year? If you FAVQR a City Manager form of Government .................. VOTE .............. FOR AMENDMENT____ If you are ACsAINET a City Manager form of Government............ VOTE.......... AGAINST AMENDMENT___ S QUO IV The polling places, which shall be open from 7:00 a.m. to 7:00 p.m. on March 10, 1987, are as follows: 1. COMMUNITY CENTER, 1805 North Central Avenue, Sebastian, Florida. 2. CALVARY BAPTIST CRURCR- 123 Thunderbird Drive, Sebastian, Florida. 3. SEEAMTAN LAKES QLUBEQUSE, 1101 Fellsmere Road, Sebastian, Florida. SECTION Y If a majority of the electors voting on this referendum vote for the proposed changes in the City Charter as herein stated, the City Clerk shall file the newly amended Section 2.05 and Section 2.11 with the Florida Department of State and the charter change shall become effective as amended herein. The Charter shall thereby be changed effective immediately, but the implemen- tation of the change will not take place finally until March 14, 1988 as stated in Amended Charter. If the proposed referendum is not passed by a majority vote as stated above, the existing Charter shall remain as it presently reads. 2 SECTION VI The full text of the two proposed Charter Amendments are as follows: SECTION 2A5: That paragraph (1) and sub -paragraph (a) of Section 2.05 of the Charter of the City of Sebastian, now reading as follows: "Sec. 2.05. Cgmpgnsationl expgnses_ (1) The salary of the Mayor, vice -mayor and councilmen shall be. paid monthly as follows: a. Mayor: One thousand six hundred and twenty-five dollars ($1,625.00.)" IS HEEBE! AMENDED TQ READ AS FOLLQW5.i "Sec. 2.05. QgMRgRsationi. gxpecyses_ (1) The salary of the Mayor, vice -mayor and councilmen shall be paid monthly as follows: a. Mayor: One thousand six hundred and twenty-five dollars ($1,625.00 until March 14, 1988, at which time the salary shall be reduced to four hundred dollars ($400.00)." a-BaWN 2�11 That Section 2.11 of the Charter of the City of Sebastian, Florida, now reading as follows: "Sec. 2.11. Supervision and removal gr ggspensi�n Qt city ottiogrs. (a) The mayor shall have general supervision over the fire department, the police department, the building official and all other city officers and may examine into the condition of the offices, books, records and papers thereof and the manner of conducting official business. He/she shall report to the city council all violations or neglect of duty of any official that may come to his/her knowledge. He/she shall make such recommendations about city business to the city council as he/she deems advisable. (b) The city council shall have authority to remove any city officer for cause by a vote of at least three (3) members. The mayor shall have authority to suspend any officer, except councilmen, for misconduct in office, or neglect of duty, reporting his/her action in writing, with reasons therefor, to the next regular meeting of the council or a special meeting called for such purpose, for its approval or disapproval. Notice of such suspension and the reasons therefore shall be given in writing to the suspended officer by mailing the same to his/her last known address, and the suspended officer shall have the right to a hearing before the city council. If the city council shall approve the action of the mayor, by a vote of at least three (3) members, in suspending such officer, such officer shall thereupon stand removed and his/her office vacated. If the council shall not approve the C action of the mayor by a vote of at least three (3) members in suspending such officer, the officer shall resume his/her duties." IS HEREBY AMENDED TO READ AS FOLLOWS: "Sec. 2.11. Qity N_gpftgaE _ gowara and DutigaL RgMov_al of Officers,. (a) The City Manager when necessary shall appoint, suspend, demote, or dismiss any city employee under his jurisdiction in accordance with law and the personnel rules, and may authorize any Department Head to exercise these powers with respect to subordinates in the respective department, except as to dismissal of vested officers. 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 and shall attend all Council Meetings unless excused by Council and shall have the right to take part in discussions, but not vote. He shall see that all laws, Charter provisions ordinances, resolutions, and other acts of the council subject to enforcement by him are faithfully executed. The City Manager shall also prepare and submit the annual budget, budget message, and capital program to the Councilm and shall keep the Council fully advised as to the financial condition and future needs of the City, and shall make such recommendations to the Council concerning the afairs of the City as he deems desirable. The City Manager shall designate a qualified city employee to exercise the powers and perform the duties of City Manager. The Council may revoke such designation at any time and appoint another eligible person, other than a sitting Councilman, to service as Acting City Manager. (b) The Council shall have authority to remove any city officer for cause by a vote of at least three (3) members. The City Manager shall have authority to suspend any officer, except Councilmen, for misconduct in office or neglect of duty, reporting his action in writing, with reasons therefor, to the next regular meeting of the Council or a special meeting called for that purpose, for its perliminary approval or disapproval. Notice of such suspension and the reasons in person or by mailing such notice to the last known address of the suspended officer. The suspended officer shall have a right to a hearing before the Council upon request, and shall be given a reasonable time to prepare such hearing. If the Council shall approve the action of the City Manager, by a vote of at least three (3) members, in suspending such officer, such officer shall thereupon be removed from office and the office vacated. If the Council shall not approve the action of the City Manager by a vote of at least three (3) members in suspending such officer, the officer shall resume his duties in office." The City Clerk is hereby instructed to cause two (2) notices of this election to be published pursuant to section 100.342, Florida Statutes; to cause the ballot to be printed; to acquire the needed ballots for the voting machines and absentee ballots; to request the Registration Officer to deliver the registration books to the election inspectors appointed to conduct the election; to receive the returns and canvass the election officials and immediately publish the result of the referendum question. The City Clerk shall also provide instructions for the guidance of voters in preparing their ballots and to perform other acts necessary in order to conduct the said election. EEOTION Mill The manner of balloting in this election shall be by the use of voting machines and absentee ballots. The City Clerk is here- by directed to secure the use of such voting machines as necess- ary to conduct this election from the Board of County Commission- ers of Indian River County, Florida, and is further authorized to acquire the services of the Supervisor of Elections of Indian River County, Florida, for the purpose of preparing and supervis- ing the voting machines prior to and during the election, includ- ing necessary deputies, deputy custodians and officers to proper- ly and legally conduct such election and to provide all needed supplies, machines, and forms for the holding of this said referendum. 5 SECUM ix This RESOLUTION shall be effective on the�day of �, 1987. CITY OF SEBAS AN, FLORIDA by-- ---- Gery Harris, Mayor ATT ST: , Kathry . B Menj ami City Clerk I HEREBY CERTIFY that the foregoing resolution on the calling of a refererendum on the question of changing the form of government of the City of Sebastian, Florida, from a Strong Mayor form to a City Manager form of government and to reduce the salary of the Mayor, effective on March 14, 198B, was duly passed by the City Council of the City of Sebastian, Florida, on they -day of _ �_,1987, by a vote of 3 votes for passage ands__ votes against passage of this said resolution. Kathr n M Benj in, City Clerk APPROVED AS TO FORM AND LEGAL SUFFIENCY: ---------- Thomas . Palmer City Attorney R-87-4 ORDINANCE NO. 0-88-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 2-3 OF THE CODE OF ORDINANCES AND THEREBY REMOVING THE PROVISION THAT THE CITY ENGINEER SHALL BE APPOINTED BY THE CITY COUNCIL AND SHALL BE APPOINTED BY THE CITY MANAGER, - ALSO AMENDING THE TITLE TO ARTICLE II, CHAPTER 2 AND SECTION 2-15 OF THE CITY CODE AND THEREBY ELIMINATING THE DECLARATION THAT THE MAYOR'S OFFICE IS A FULL-TIME POSITION AND THE DECLARATION THAT THE MAYOR IS THE CHIEF EXECUTIVE OFFICER OF THE CITY; AND THEREBY SPECIFYING THAT THE CITY MANAGER IS THE CHIEF EXECUTIVE OFFICER OF THE CITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION I That Section 2-3 of the City Code, now reading as follows: "Sec. 273. City Engineer. + The Office of City Engineer is hereby created. Such office shall be occupied by a person appointed by a vote of the City Council. The City Engineer shall have such salary, duties and powers as from time to time prescribed by the City Council." IS HEREBY AMENDED TO READ AS FOLLOWS: "Sec. 2-3. City Engineer. The Office of City Engineer shall be held by a person who is a registered engineer in the State of Florida. The City Engineer shall be appointed by the City Manager." SECTION II That the title to Article II, in Chapter 2, and Section 2-15 of the Code of Ordinances, now reading as follows: "ARTICLE II. CITY COUNCIL AND MAYOR. Sec. 2-15. Compensation of Mayor. (a) The Office of Mayor is declared to be a full-time salaried position, and the mayor shall be the chief executive officer of the City. (b) The salary of the mayor shall be as specified in Section 2.05 of the Charter of the City of Sebastian." IS HEREBY AMENDED TO READ AS FOLLOWS: "ARTICLE II. CITY MANAGER; AGENDAS; VICE -MAYOR Sec. 2-15. City Manager. (a) The City Manager shall be the Chief Executive Officer of the City, appointed by the City Council. The City Manager shall become vested in accordance with the employment agreement between the City Manager and the City. (b) Throughout this Code of Ordinances the word "Mayor" shall mean "City Manager" except in the following instance(s): (1) Sec. 21-1. Declaring State of Emergency. SECTION III This Ordinance shall be effective upon installation of the Mayor following the election of March 8, 1988. �ITY S B S�TiAN, FLORIDA by : ,. / '�. L/. Gene�piiris, Mayor ATTEST: Kathryn O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that this Notice of Public Hearing for this Ordinance was published in a newspaper of general circulation in the City of Sebastian; that a public hearing hereon was held in City Hall on the2.Ll"day of TQikw.nLW , 1988, and this Ordinance was passed by the City'Council following said public hearing by the following vote: Vice Mayor Roth y�. Councilman Vallone Vc Councilman McCarthy Lice Councilman Metcalf /-U Mayor \_Harrrris )/ ^ Nei � / J:i)'1/ /'d'/vhn Kathrj16 M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: City Attorney ORDINANCE NO. 0-88-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, TRANSFERRING TO THE CITY MANAGER ALL OF THE MAYOR'S RESPONSIBILITIES UNDRE THE CITY OF SEBASTIAN'S STANDARD OPERATING PROCEDURES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY TEE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION I That Paragraph A of Sub -section 1.02 of Section I, Part II, of the City of Sebastian Standard Operating Procedures, now reading as follows: A. The Mayor is responsible for the administration and technical direction of the City Personnel Management System." IS HEREBY AMENDED TO READ AS FOLLOWS: "A. The City Manager is responsible for the Administration and technical direction of the City Personnel Management System. Throughout this Code the word "Mayor" shall mean "City Manager." SECTION II This Ordinance shall be effective upon installation of the Mayor following the election in the City of Sebastian on March 8, 1988. CITY S&ASTIAN, FLORIDA A. 6e n, Harris, Mayor ATTE T: / )h 1�11 Rathry M. O'Halloran, CMC/AAE City C1 rk I HEREBY CERTIFY that this Notice of Public Hearing for this Ordinance was published in a newspaper of general circulation in the City of Sebastian; that a public hearing hereon was held in City Hall on theinLiday of1988, and this Ordinance was passed by the City Council following said public hearing by the following vote: Vice Mayor. Roth `1t. Councilman Vallone Councilman McCarthy .�.so. Councilman Metcalf rY� Mayor Harris ) n�- � Rathry /M. O'Hallo a, CMC/AAE City C rk Approved as to Form and Content:: City Attorney ORDINANCE NO. 0-88-43 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND PORTIONS OF THE CITY CHARTER; RESCINDING SECTION 2.08 PERTAINING TO SUPERVISION OVER ADMINISTRATIVE OFFICERS; RENUMBERING THE EXISTING SECTION 2.09; RENUMBERING THE EXISTING SECTION 2_10; CREATING A NEW SECTION 2.10, PERTAINING TO THE COUNCIL - EMPLOYEE RELATIONSHIP; REPEALING SECTION 2.11, PERTAINING TO CITY MANAGER'S POWERS AND DUTIES; REPEALING SECTION 2.12, PERTAINING TO CITY CLERK; REPEALING SECTION 2.13, PERTAINING TO CITY TREASURER; RENUMBERING THE EXISTING SECTION 2.14; RENUMBERING THE EXISTING SECTION 2.15; RENUMBERING THE EXISTING SECTION 2.16; RENUMBERING THE EXISTING SECTION 2.17; RENUMBERING THE EXISTING SECTION 2.18; RENUMBERING THE EXISTING SECTION 2.19; REPEALING THE EXISTING ARTICLE III AND CREATING A NEW ARTICLE III; CREATING A NEW SECTION 3.01 PERTAINING TO CHARTER OFFICERS; CREATING A NEW SECTION 3.02 PERTAINING TO APPOINTMENT OF CHARTER OFFICERS; CREATING A NEW SECTION 3.03 PERTAINING TO THE REMOVAL OF CHARTER OFFICERS; CREATING A NEW SECTION 3.04 PERTAINING TO CITY MANAGER POWERS AND DUTIES; CREATING A NEW SECTION 3.05, PERTAINING TO CITY CLERK; CREATING A NEW SECTION 3.06, PERTAINING TO THE CREATING OF THE POLICE DEPARTMENT; CREATING A NEW SECTION 3.07, PERTAINING TO THE CHIEF OF POLICE; CREATING A NEW SECTION 3.08, PERTAINING TO POLICE OFFICERS; CREATING A NEW SECTION 3.09, PERTAINING TO CITY ATTORNEY; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SAID ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of the Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, the city council of the City of Sebastian, Indian River County, Florida, has determined that certain revisions should be made to the charter in order to provide for a more efficient and concise exercise of the legislative and administrative functions of the city; and WHEREAS, the city council has determined that the charter needs to be amended to fully implement the city manager -council form of government; and WHEREAS, the city council desires to submit the amendments to the charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. That the existing Section 2.08 of the charter of the City of Sebastian, Florida, is hereby repealed in its entirety. sa4on-aver-acimtnietraEs-�e-a€€i�era; --eamgensaE#an- pl}}-departments ; -a€€Sees-aeid--egette-res-�1�1-}-3je-ad=a}rtistereel Hy- an--s€€3ee�--aj3parntad---by- -and --sub-feet-�a--t-ke-d-ireetior�--and sugervrs}an-a€-eke-eottne.}}---NFsEk-Eke-eaasen�-a€-tke-aounar},--ape e4Ep�-vf-€s-c��-mep-sei^�te--as- t-he-�ieae2--a€-ro:�r-{}}--o-r-�tiore--suek deparEments,--e €€gees-a�--agerx.�ies-ox-,-t-tte--coupe-i-l-nay-�pgo-isrE-ape f}}-gersan-as-the-head-a€-Ewe-(2j--ar-mare-a€-Ekem- The--Mayer--e-r--+:orxrn.-33-a�an---s3xr1-1---not --revive---ate+---aEker eamLsensatran-�3�oM--an}=-rtrEher--posfEio-rr-€�eM-t-lte--e #Ep-dti�•i�xl--Eke term-a€-the}r- ff#ee-" SECTION 2. That the existing Section 2.09 of the charter of the City of Sebastian, Florida, is hereby amended by renumbering the current Section 2.09 to become Section 2.08. SECTION 3. That the existing Section 2.10 of the charter of the City of Sebastian, Florida, is hereby amended by renumbering the current Section 2.10 to become Section 2.09. SECTION 4. That the charter of the City of Sebastian, Florida, is hereby amended by adding a new section to Article II, to be numbered 2.10, which Section shall read as follows: "Sec. 2.10 Council-emulovee relationshin. Neither the city council nor anv of its members shall in anv manner dictate the anuointment or removal of anv city emnlovee except the charter officers nor shall the council or anv of its members dive orders to anv emnlovee. other than council orders to a charter officer. The council or its members shall implement all nolicv matters through the aunronriate charter officer." SECTION 5. That the existing Section 2.11 of the Charter of the City of Sebastian, Florida is hereby repealed in its entirety: "See.--� i�.:___.eit�33a-nagert-gesre�s--and-duEses :-�emoval--a€ e€€ieera- F Fad--Tke-ar€p•-manager-ZakePr-xeaessarp•-ska}}-aggo4ak,--susgend; �emoke,--e�--el-ismi�-any-eity-�xt}.rl-ogee--reader-�iis- ju�isc3-reti�r-}n aeeardanee-with- 1c -and-the-and-�-&Utltar€2e any-rtiepart�ce-rrt -head--t-o--e�ce�eise--t3xeae--powerr-w4tk-�espeE-t -te sshardsPrates-2Pr-the-resgeetrve�egar€menE,--exeegE-as-€a-d}sm€ssa} ef-vested-a€-€ieers:--41h-cit�--aupar�€se the - -at --a471-- epa tmeats- €-t-ke--a}ET`-e ce-'ei�t -Eke e€€sees-a€- the- eity-e3e�4c--anFl---ei.-t--att-orney--and--sk,}fir-aktenc}-a}} earrnes}-�teetigs--txn}ass- -and--sha}€-ixzve--the right- -te--t�k�-pait•-in -dis eussians --btu -n(t vaEe.---€fe- ska-rf--see tkaE-ell--1 fj--ekarter-previsi0ne;-axtd ather--act- -e€- -the -rtrotlrrei3--sukjeeE-tc--ea€ereement--by--€ii.sr-are srrkmst-the-a-to Eke-eaa�tei3--ertci--ska}}-keep-the--c.ctun�i-t--€x}}y-adv#sod-u5 t- -Eke €i atnasa}-e end stsen-arid-fut+rr�e-�.ee€rro€--t-}te--eity- -as#-ska}t-mare srrak-reeommendaEsaPrs-to-Eke-aottnas}-�naernsng-Eke-a€€asrs-a€-Eke esty-as--hs- -The-eitp-�la-rtz .7e��cha].-1- 1��i7::���:. -a grra}s€sect-eity- emlrl-eyee--Eo-e3cere3se-the--powers-entl--pe f-oi n -Eke dots&&-e€-eity-tna-nege--'Phe-couiic-il--tm3y--� -�tsek-desi-gPraEson at -any- time-and--appoi-nt -another -Higi€H�--perso-n,—athe�--hair-a sitting-eorrnes}man,,--Ea-serve-as-aaEs»g-asty-masager- Fk}---The-eerne#l-cklal.-l---have -autixory.-tom--to-- etnaae--etr�-asty o€€.seer-€er-eaase-i>y--a--to-t�-e€-at-least-t-kree--(�--meml3er --The &sty -man ag e r-shall-have-atrETx>�ity+--t-o--suspettr}-att� �€€ic&r,--e>�aept eaxPres}mePr,---€er--wiseends&t--3-rr--o£-£-i-- tttt-Y reporting -hi:s--aCtl-CHY-sPr-wt<i.Eiag �it4' -reasons-theme€at -,--t Y-Eke melt-- regal ar-mee[i-ng--o-f--Eke-eettnaiI-ee-�cpe ittl- nteeti-nci--aa}}ed €ar-t}tat--pti3rposr� -€er- it-s--pr&}smsnary-app�eval-rtrr-�ssapprova}: i3atsee-a€-saek-srtspePrssaPr-arid-Eke-reasons-srt-parses-ar-ky ffias}sng soak-netiee-to--t-he--}ast-known-address-e£ tire-�pertdec€-o€€serer: `Pke-saspended-e€€leer-shall--ka�e--a-�-ig}rt tvzr3�ri�tcj-te€ore-Eke &Danes}-e�.l- pegZtcst� -and-clral3-be-g3+�err-a-�easanahle-tint&--Ea prepare-saek-kear.17nq -€€ -the -earrPres}-ska}}-approve -the -aetso,-a€ Eke-eitq--maneyer-� -ky-a-scot-e--a€-aE-least -three--(3j--met�cbers ;--sn pes dais k€sd�s� .tyr e#e s€ty,,the..e°u�es,ps�d the SECTroN s }� a€y� e:„ gdeb $ � e€1 e11 ,,let Cit That oe;%' $t-, entirety y of sebastianhe existing sect nS�a is hen 2.12 of the h ie, 9'h-eedAeidz- €epk, reby reAeale Charter of cy n s tks, tlse_tt}e a 3' i it i� pAo-' meet €t'3ca€€4eer, 19pe €' s�te_Y{.�1 �-ejt.'Y _ej 3_ esg ��-cai el}ems_ Y7U a%� a€ Il Pe €e - s e_Adb}*e \ A� e ems_@} ptep _op` 'Ot}�eri t sECTi°N t `�sd'pep t•rthe e�'tt"i,�Y 3tg he Ci That -drs l ha..e. �'9i3ed emir ty °F seb the exist epetrsrr_eA 3ty��p the estlan Fl01— section 2.13 C 3t��eo"Je 1'se Thepe, is hereby r Ae he Charter of L} -O®F, ea pep cried in a$_,� It pegoldtroR,''�el__. be�t3e- .y"o-r by`sh'a'.kk e the sECTSON g. tt�e€by�ead}„'�Ra'dtee_'cy $a�, bC*.r'y'_as the Current astia eat,Pa Ge'jat Sn 2.14 ent �'ng s eat t11e SECTrQN 9. lan 2.24 to bee is hereby°r the ° the Cur y of sebas is t the existio e secti, 2 Tended by reryurnbter °p rent Section hFl oricta lg section 151. Cring 15 to become ecreby amende�Fbthe Charter of 2, s becomes eat! tZon 2 12 and t renumbering 0 amend the reference in current paragraph 2.15(c) to reflect the renumbering of current Section 2.09 of the charter as follows; "SECTION 2.37512. Procedure. (a) Meetings. The council shall meet regularly at least once in every month at such times and places as the council may prescribe by rule. Special meetings may be held on the call of the mayor or the vice -mayor or of three (3) or more members and, whenever practicable, upon no less than twelve (12) hours- notice to each member. If deemed an emergency by three (3) members of the council, the twelve (12) hour notice restriction may be waived. All meetings shall be public; however, if permitted under state law, the council may recess for the purpose of discussing in a closed or executive session limited to its own membership any matter which would tend to defame or prejudice the character or reputation of any person, provided, that the general subject matter for consideration is expressed in the motion calling for such session and that final action thereon shall not be taken by the council until the matter is considered in open meeting. (b) Rules and journal. The 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. (c) Voting. voting may be by voice vote, except that a roll call vote shall be required on appropriation of funds or any motion upon the call of any councilman. The ayes on each roll call vote shall be recorded in the journal. Three (3) members of the council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council. No action of the council, except as otherwise provided in the preceding sentence and in section 2.0968 shall be valid or binding unless adopted by the affirmative vote of three (3) or more members of the council." SECTION 10. That the existing Section 2.16 of the charter W of the City of Sebastian, Florida, is hereby amended by renumbering the current Section 2.16 to become Section 2.13. SECTION 11. That the existing Section 2.17 of the charter of the City of Sebastian, Florida, is hereby amended by renumbering the current Section 2.17 to become Section 2.14. SECTION 12. That the existing Section 2.18 of the charter of the City of Sebastian, Florida, is hereby amended by renumbering the current Section 2.18 to become Section 2.15. SECTION 13. That the existing Section 2.19 of the charter of the City of Sebastian, Florida, is hereby amended by renumbering the current Section 2.19 to become Section 2.16. SECTION 14. That the existing Article III, of the charter of the City of Sebastian, Florida, is hereby repealed in its entirety and a new Article III is hereby added to the charter of the City Sebastian and hereby created to read as follows: "ARTICLE III. ADMINISTRATIVE AND LEGAL DEPARTMENTS DIVISION 1. GENERALLY Sec. 3.01. Creation. (a) The council may establish city departments, offices or agencies in addition to those created by this charter and may prescribe the functions of all departments, offices and agencies, except that no function assigned by this Charter to a particular department, office or agency may be discontinued or unless this Charter specifically so provides, assigned to any other, unless this charter specifically so provides. (b) The City Manager, City Clerk and City Attorney are designated Charter Officers. Sec. 3.02. Appointment. The charter officers shall be appointed by the council and serve at the pleasure of the council subject to the provisions of Section 3.03 of this Article. Sec. 3.03. Removal. (a) Any charter officer may be removed for office for cause by a majority vote of the entire city council. (b) In the event that one or more members of the city 6 council believes that cause exists for the removal of a charter officer, such member or members shall present written charges to the entire council at a regularly scheduled meeting for discussion. The council may, by a vote of at least three (3) members, charge the named charter officer with misconduct and immediately suspend such person from office. Notice of the suspension and the specific charges of misconduct shall be served upon the affected charter officer in person or by registered mail to the last known address of the affected charter officer. The suspended charter officer shall have a right to a hearing before the 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 may be removed from office and only if the council finds, by a vote of at least three (3) members, that cause exists to support such removal. In the event that at least three (3) members of the council do not find that cause exists for removal, the suspended charter officer shall be immediately reinstated. 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 council meetings unless excused by 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 council subject to enforcement by the city manager are faithfully 7 executed. (a) The city manager shall also prepare and submit the annual budget, budget message, and capital program to the council and shall keep the council fully advised as to the financial condition and future needs of the city, and shall make such recommendations to the council concerning the affairs of the city as he deems desirable. (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 council may revoke such designation at any time and appoint another eligible person, other than a sitting councilman, to serve as acting city manager. Sec. 3.05. City clerk. The city clerk shall give notice of 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 council. DIVISION 2. POLICE DEPARTMENT Sec. 3..06. Creation; chief. There shall be a police department which shall consist of a chief of police and such other sworn and non -sworn employees as may be determined by the city council. The chief of police shall be the head of the police department and shall direct the activities of its members and police department employees. The chief of police shall be appointed by the city manager. The mayor may, as provided by law, appoint and discharge special policemen in times of riot or public emergency. Sec. 3.07. Chief of police - duties and authority. It shall be the duty of the chief of police to attend meetings of the city council as directed by the city manager; to aid in the enforcement of order and to enforce the city's ordinances, to execute all papers and processes of the city or its authorities; and to perform such other duties as may be lawfully required of him/her. 8 Sec. 3.08. Same --officers. The Chief of Police and all sworn police officers shall have the power and as provided by law to bear ammo and make arrests. ➢IVISION 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 council, the mayor and all city departments, offices and agencies, shall represent the city in all legal proceedings and shall perform any other duties prescribed by this Charter or by ordinance. (b) The city council shall have authority to retain additional counsel in specific actions or proceedings in its discretion. Also, the council may provide by ordinance for the additional office of and the appointment of an assistant city attorney when the weight of the city attorney's duties increases to such an extent that the council deems such action advisable or necessary. (c) The city attorney shall receive such compensation as may be determined by the city council. SECTION 15. An election is hereby called and scheduled to be held on March 14, 19B9, to determine whether the revisions to the charter of the City of Sebastian, Florida, shall be approved by a majority of the votes cast in such election, in which the qualified electors residing in the city shall participate. SECTION 16. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as follows: PRECINCT POLLING PLACE 12 Community Center 1805 North Central Avenue 15 Sebastian Lakes Clubhouse 1101 Fellsmere Road 16 Calvary Baptist Church 123 Thunderbird Drive The polls shall open at such voting places on March 14, 1989 from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing within the City of Sebastian shall be entitled to participate in and vote at such election. SECTION 17. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the city charter. The ballot shall be in substantially the following form: BALLOT CITY OF SEBASTIAN. FLORIDA Referendum Referendum No. 1: Adopting a revision to the City Charter Shall the City of Sebastian adopt revisions to the city charter to provide, among other things, that the city manager shall be the chief administrative officer; that the police chief shall be appointed by the city manager; that council members shall not dictate the appointment or removal of any city employee other than charter officers; that the city manager, city clerk and city attorney are charter officers who may be removed for cause? Yes No SECTION 18. The city clerk is hereby directed to instruct the supervisor of elections of Indian River County to include the above described referendum on the ballot for the election to be held on March 14, 1989. SECTION 19. Notice of such election shall be published in a newspaper of general circulation according to the laws of the State of Florida. SECTION 20. This ordinance shall take effect immediately upon its passage. CITY OF SEBASTIA'!N, FLORIDA ATTEST: � By: h Y-- (--Af // Q �P�9 Richard B. Votapka, Mayor Kath M. O'HalloPran, C12CAAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one��sp7ublic hearing was held on this Ordinance at 7:00 p.m. on the ,. s day of , 198q, 10 and that following said public hearing this Ordinance was passed by the City council. Kathry O'Ha11oran, CMC/AAE City Clerk Approve s to Form and Content: '-4- --� Charles Ian Nash, City Attorney 11 ORDINANCE NO. 0-88-44 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE AND TO AMEND THE CITY CHARTER; AMENDING SECTION 4.12 OF THE CITY CHARTER PERTAINING TO THE ELECTION OF THE MAYOR; PROVIDING THAT THE CANDIDATE FOR MAYOR WHO RECEIVES THE HIGHEST VOTE SHALL BE THE WINNER; PROVIDING FOR TIE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of the Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, the city council of the City of Sebastian, Indian River County, Florida, has determined that certain revisions should be made to the charter in order to provide for a more efficient manner of electing the mayor of the city; and WHEREAS, the city council desires to submit the amendments to the charter for ratification by the electors of the City of Sebastian, Indian River county, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. That the existing Section 4.12 of the charter of the City of Sebastian, Florida, is ,hereby amended as follows: 'Sec. 4.12. Election procedures; tie vote. (a) The names of candidates nominated for each office as provided herein shall be placed on the election ballot for the office of mayor or councilman as designated by each candidate for the next municipal election held for such office, regular or special, and blank lines shall be made thereon for write-in names of any candidates' names, and all write-in names shall be counted_ exeegt-as-prot+iclecl-irt-f€}-ke�ea€ter- (b) In all general or special elections, the candidates receiving the highest vote in each of the offices of mayor or eexaerrman councilmen to be filled, shall be elected for two- year terms, or the balance of the term. fe} When -there-are--otrly--Ewa-{z^}-arrid,4t�s--Pbs`-t-he--a€€iee e€-mayer- �.-rr-ast-lre�-a-regx € a r-er-�rme>f-f-�l�et i-oir,--as--kere€xa€Eer gravi-Aeel ;--the-eaticiida-to--rec iv-i-ng-s-'ma'jcn`rt'y--a€--t4h -EaEal vetee-cast-€er-suelr-a€€lee-slxa33--ke-�lert,�l-ex�k-e�eeEed-trtr-sxeh o€€lee.----6hc+irld--theme--be--mare - t3�es-too--¢&}-sar�S3dates-��r--tke ma}arity�- e€- t-ire-�tcrEes--easE -€ a r-saeh-erf-f#ce;--t3xeir-said--eaxd�ate race}wing- sa3A--ma-j-o-rit�--vaEes - ske�3--be--deelared-e3eeteA-to--tke a€€4ee-a€-mapar. (d} Fx-the-evert-there-are-mare-tkax-Ewo-F2j--eax�idates-€ar the -rrf-f Ei -�€-maye�;--and--rare-she-11--%aj ersfy-vf--the tata€-vat es-east-€or-sueh-of#ace;--them-anotheir- teatiota-shaft-be held-Ewe-{S}-taeeks-€3som tote-elate-e€-t}�e-#�-t-o-lce.=t ic�rr-at -whzeh the - two- -(3j--ean&ideb- -reee. 4ng-the -da�ges#-1 unj� -off-v t-es,-at the --farver--e•€eatiorr-shall-4b -voted-en- -t34teie- he mare--L-l:an--twe--f2)'-��idet-es--€e�- mapar-anel--st-�-rinab3.s---Ee eletermixe-wka-ie-the-eaxdidate-reee4virx7-the-xext-kighest-vate-by reaaan-a€-twe--(-21 and-idatcs �ecrei icg-t-he--sexne--rtiafJ�e&- f--votes tkex-seek-aartdic}ata-skaEl-]se-el`taaex-bp-}ot-to-lse-eaxcbxeted-by-the eitp-esnttei3--at -Eke-meeting--hel-d--far - the- -ptrrpose-�rf--eaxvassrng Eke-returns-a€-Eke-eleetian: Fe} (c) In event that at any election there are only two (2) candidates for the same eatsxei} office and they should receive the same number of votes, the question shall be decided by lot, conducted by the city council at the meeting of the city held for the purpose of canvassing the returns of the election, and the results thereof shall be certified in the minutes of such meeting by the city clerk. F€} Write-zn-candidates-ska}}-}�e--per�ri#t�-at �nl-y-general er-ageerai-eiEp-eieatiansr-HaE-nat-ix-rrrxa€€-eieeEioxs — SECTION 2. An election is hereby called and scheduled to be held on March 14, 1989, to determine whether the revisions to the charter of the City of Sebastian, Florida, shall be approved by a majority of the votes cast in such election, in which the qualified electors residing in the city shall participate. F SECTION 3. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as follows: PRECINCT POLLING PLACE 12 Community Center 1805 North Central Avenue 15 Sebastian Lakes Clubhouse 1101 Fellsmere Road 16 Calvary Baptist Church 123 Thunderbird Drive The polls shall open at such voting places on March 14, 1989 from 7:00 a.m. to 7:0o p.m. All duly qualified electors residing within the City of Sebastian shall be entitled to participate in and vote at such election. SECTION 4. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the city charter. The ballot shall be in substantially the following form: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum Referendum No. 2: Adopting a revision to the City charter Shall the City of Sebastian adopt a revision to current Section 4.14 to provide, among other things, for the deletion of the requirement of run-off elections where no candidate for mayor or councilman has received a majority of the votes cast for such office; to provide that in all general or special elections, the candidate receiving the highest vote in each of the offices of mayor or councilman to be filled, shall be elected? Yes No SECTION 5. The city clerk is hereby directed to instruct the supervisor of elections of Indian River County to include the above described referendum on the ballot for the election to be held on March 14, 1989. SECTION 6. Notice of such election shall be published in a newspaper of general circulation according to the laws of the State of Florida. SECTION 7. This ordinance shall take effect immediately 7 upon its passage. CITY OF 'e FLORIDA By: CCC�f, / 1//'z", ATTE T: Richard B. Votapka, Mayor a hrynloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hea ing was held on this Ordinance at 7:00 p.m. on the 1L day of ,v� , 198 and that following said public hearing this Ordinance%as passed by the City CityCouncil. `Na ranCMCZAAE Khry City k Approve as to Forst and Content: i /? L� Charles Ian Mash, City Attorney 4