HomeMy WebLinkAboutChange 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-
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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:
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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
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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
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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
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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€
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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;%' $t-,
entirety y of sebastianhe existing sect
nS�a is hen 2.12 of the
h ie, 9'h-eedAeidz- €epk, reby reAeale Charter of
cy n s
tks, tlse_tt}e a 3' i it i� pAo-'
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estlan Fl01— section 2.13 C 3t��eo"Je
1'se
Thepe, is hereby r Ae he Charter of
L} -O®F, ea pep cried in
a$_,� 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