10A- Charter Review CommitteeCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
AGENDA ITEM# lOA
APRIL 14, 2014
AGENDA ITEM: Charter Review Committee
SUBMITTED BY: Carolyn Woods, Mayor
DATE: March 13, 2014
BACKGROUND: The City's Charter serves as the City's fundamental governing document
and outlines certain authority and restrictions the City has over municipal
affairs. A review of the State laws, regulations and considerations for City
Charter reviews has been prepared by our City Attorney and is included
as reference.
Charge:
Our City Charter was last reviewed and updated by vote, as required, in
August of 1993. There have been a few changes to certain sections over
the years, of note to our voting districts and timing of the election cycle.
However, there have been many societal, economic and technological
changes in the past two decades that warrant new consideration of how
we govern and are governed.
This concern has been echoed during the past few years in Town Hall
Meetings, Commission meetings and during the election cycles. A variety
of citizens have expressed an interest in having a review preformed with
specific items of concern mentioned including, but not limited to, the
need for a City Mission Statement, incorporation of more open
government policies, and protections of our neighborhood parks.
Please note that no changes can be made to the City's Charter
without the vote of the people. To this end is a proposal for the
formation of a Citizen Charter Review Committee.
The Committee is tasked with conducting a comprehensive review of the City's
Charter. The purpose of the Committee is to evaluate The Charter and make
recommendations to the Commission. The Committee is authorized and empowered
to conduct a comprehensive study of any or all phases of the City Government. The
Committee will be as self sufficient as possible performing their own research and
dictating their own schedule, with aid and guidance provided by the City Attorney and
insight from all department heads. Each member shall first review completely the
current Charter before the first Committee Meeting.
Membership:
Size -11 members
• Appointments The following citizens are known to be very thoughtful, studied
and of serious intent for the task at hand and shall be appointed to the
Committee.
Dr. Joan Carver
David Vincent
Tom Goodrich
Dr. Mark T omaski
Kathy Carithers
Sally Clemens
AGENDA ITEM# lOA
APRIL 14,2014
Each Commissioner shall appoint one other member for a total of 11 members.
Additional members shall be chosen from applications received by the City
Clerk as of April4, 2014.
• Committee Structure -The members will elect among themselves a
Chairperson and Vice Chairperson. All members must be Atlantic Beach
residents. The Committee shall determine its own schedule.
Referendum:
By ordinance, the recommendations adopted by the City Commission in accordance
with Florida Statute will be placed on an upcoming ballot for voter approval. Based
upon this ballot requirement, the City Commission may decide to propose one
amended Charter, or propose individual amendments, which ask the citizens of the
City of Atlantic Beach to approve or reject each amendment. Either method of
amending the Charter requires ballot language to be submitted to the Duval County
Supervisor of Elections in accordance with the following deadlines for the 2015
elections: a.) May 18th, 2015 for the August 25th Primary Election; or b.) August 28th for
the November 3rct General Election.
Committee Meetings:
Charter Review Committee meetings are required to allow for public comment and
input from the community at each publically noticed meeting. Considerations should
be viewed in the context of protecting and promoting the general health, safety and
well-being of the citizens of Atlantic Beach. Meetings should follow Robert's Rules of
Order.
The Charter Review Committee shall ask for input from each of the City's Department
Heads, including the Chief of Police. Time should be allowed for the department heads
to do their own research and present to the Committee separately.
Timetable and Sunset Provision:
• Meetings -The dates and times of the meetings are to be determined by the
committee with the first meeting to take place within 2 (two) weeks of the Committee
approval.
• Sunset Date -This Committee must make a report six (6) months after its first
meeting. Committee duration may be extended up to two (2) months as needed.
Sunset will be automatic with the Committee's Final Report to the Commission.
BUDGET: Any anticipated costs are comprised of staff time.
RECOMMENDATION: Appoint the Charter Review Committee as charged.
ATTACHMENTS: 1. Charter Review Memorandum by Richard Komando March 11, 2014.
2. Board I Committee Member Applications
T o:
From:
Date:
Re:
Issue :
M E MORAN DUM
Cit y of Atla nti c Beach Co mmi ssioners
Ri chard Kom and o
March 16,20 14
Chatter Rev iew
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A PRil. 1 1~, 20 14
Wh at procedura ls steps sho uld be fo ll owed for th e City of Atl anti c Beach to rev iew any
potenti al Charter revis ions?
Background Information, Applicable C ha1·tcr Provision s and Florida Statutes;
Secti o n I of th e C ity of Atl anti c Beach Ord inance Numb er 28-93-3 was ado pted on
Augu st 23 1'tl, 1993, a nd a new Charte r was ado pted whi ch amend ed and repealed all fo nn er
Chart er prov is io ns. Th e curre nt Chart er was approv ed at an elect ion he ld o n Octo ber 5, 1993.
The form er Charter dctivcd fro m Chapter 57-11 26 of th e 1957 Laws of Fl orid a.
Sectio n 166.03 J, Florid a Statutes titl ed, "Chatter amendment s," rea ds as fo ll ows:
( 1) T he govemin g body of a muni c ipa lit y may , by ordi nan ce , o r th e electors of a
muni cipa lity may, by petition signed by I 0 percent of th e regis te red electo rs as of t he last
prece din g muni cip a l gen er al elec tion , s ubmit to the e lecto rs of said mu n ici pal ity a
p ro posed a mendm ent to its chatter, whi ch a mendm ent may be to any part or to a ll of sai d
charter except that part describ in g the bo und a ries of such muni cip a lity. The governi ng
body of th e mun icip alit y sha ll pl ace the proposed amendm ent co nt a in ed in the ordinance
or petiti o n to a vo te of th e electo rs at th e nex t genera l election he ld withi n th e
m uni cipa lit y o r at a s pecial elect ion ca ll ed for s uch purp ose.
(2) Upo n ado pt ion of a n amendme nt to th e chatier of a muni c ip ality by a maj ori ty of
th e electo rs vo ti ng in a refere ndum upon such amendm ent , th e gove ming body of sai d
municipa lity s hall have the amendm ent inco rp orated in to the chart er a nd sha ll fi le the
rev ise d cha rt er with th e Depa rtm ent of State. All such amendm ent s are effective on th e
date specifie d th erei n o r as oth erwi se prov ided in th e charte r.
(3) A muni cip ali ty may ame nd its charter purs uant to thi s secti on notwith sta nd ing any
ch art er provis io ns to th e co ntrary. Th is sec ti on shall be suppl eme nta l to th e provis ion s of
all o th er laws relat in g to th e amend ment of muni cipa l ch atters and is not intended to
dimin is h any sub stanti ve or procedura l powe r ves ted in any municip ality by prese nt law.
A mu nicipa lit y may, by ordin ance and with o ut refe rendu m, redefin e its bound a ri es to
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incl ude o nl y those la nds previo us ly annexed and shall fi le sai d redefiniti on with t he
Departm ent of State pursuant to the prov isions of subsect ion (2).
(4) There sha ll be no restricti o ns by the muni ci palit y on any emp loyee's or empl oyee
gro up 's po liti ca l acti vity, whil e not wo rk ing, in any referendum cha nging emp loyee
ri ghts.
(5) A mun ici pality may, by un ani mous vote of th e govern ing bod y, abo lis h muni cipal
departm ents provid ed fo r in th e muni cip al chart er and amend prov isions or la nguage o ut
of the charter wh ich has been judi cia ll y co nst ru ed, e ith er by j udgment or by bi nding legal
precedent from a dec ision of a court of last resort, to be co ntra ry to eit her the State
Constituti on or Fe deral Consti tu ti on.
(6) Each muni cip ality shall , by ord in ance or charte r pr ov is ion, prov ide proce dures for
fi lli ng a vaca ncy in offi ce caused by dea th , res ignati on, or remova l from o ffice. Such
ord i nance or charte r provision sha ll also provi de proced ures fo r fi lli ng a vaca ncy in
cand id acy ca used by dea th , withdrawal, o r remova l fi ·o m the ball o t of a qu alified
ca ndid a te fo ll ow ing the end of the qu ali fy in g period whi ch leaves fewer than two
ca ndid ates fo r an office.
Practical Cons ideration s :
Sin ce the last Cha rte r rev isio ns in 1993 , the po pulati on of th e City of Atl antic Beach has
grown approx im ate ly 6.7%.1 Over th e pas t twe nty-o ne years, we have reali ze d changes in the
economy, increased use of tec hn o logy and an improved awa reness of ou r enviro nm e nt a nd its
protectio n. These changes and num ero us others may fro m tim e to ti me requ ire a review o f how
the C ity 's gove rnm ent fu ncti ons. Under Ho me Ru le authori ty, a Charlcr is s imil ar in concept to
a loca l co nstit uti o n wh ich prov id es broad guid ance and auth ori ty to our leaders and citi zens.
Propo sed Process:
1. T he Cit y Co mm iss ion may fi rs t wis h to decid e if th e c urrent tim e is ap pro pria te fo r
Charter Rev iew .
2. If the C it y Co mmi ss ion answers th e first q uest ion in th e affi rm ati ve, a designated num ber
of proposed Cha rte r Rev iew Co mmi ttee memb ers sho uld be decid ed , und erstand ing t hat
th e co mm itm ent m ay take a number of mee tin gs, us uall y tw ice a month .
3. T he City sho ul d accept appli cations consistent wit h the City's esta bl ished Committee
me mb e r ap pointme nt process . Sec. 2-19 Rule 8. T he mayo r-co mmi ss ioner may appo int ,
from tim e to tim e, s uch sp ecia l or select co mmittees as in hi s di scretio n he deems
desira bl e, or as m ay be des ir ed by th e city co mmi ssion, to expedite th e hand I ing of the
busin ess and affairs of t he ci ty.
1 ht tp://www.c lrsearc h .com/Atla nt ic-Beach-Demographics/FUPopula tio n-Growlh-and-Popula tion-S la tist ics -----
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AGENDA ITEM # I OA
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4. T he C ity Co mmi ssio n may wish to d ra 11 a bri ef charge fo r th e proposed Charter Rev iew
Com mittee. Generally, the direction requires th at each Committee member first rev iew
co mpl etely the current Charter before att en din g the first sched ul ed meeting. The purpose
of th e Charter Rev iew Com mittee w ill be to present recommend ed amendments to the
C it y Com mi ss ion, understanding that there is a possibility afte r discussion and review
th at no recommended ame ndm ent s are necessa ry.
5. C harter Re view Committe e meetings arc required to allow for publi c com ment a nd input
fro m th e community at each publi ca ll y noticed mee tin g. Co nsid era ti ons s ho uld a lso be
viewed in tb e co ntext of protect ing and promoting the genera l hea lth , safety and well-
bei ng of the citizens of Atlantic Beach. Meeti11gs sho uld also fo ll ow Robert's Rules of
Order.
6. The Charter Review Committee would likely want to ask for input f rom each of the
C it y's Department Heads, in cl udin g th e Chief of Po li ce.
7. The Charter Review Com mitt ee may wis h to esta blis h a regu lar sc hedu le for future
C harte r review.
8. Upon the conclus ion of the Charte r Review Co mmi ttce,s wo rk , a report sha ll be
presented to the City Co mmi ss ion with the Comm itt ee s findin gs.
9. B y ordinance, th e reco mm end at ion s adopted by the City Co mm issio n in acco rd ance with
Florida Statute wi ll be pl aced on an up co ming ballot for vote r approval. Based upon thi s
ba ll ot requirement, the Ci ty Co mmi ss ion may decid e to propose one amended Charter, or
propose indi vidu al ame ndm ents which ask the citize ns of the City of At lantic Beach to
approve o r reject each amendment. Either method of amendi ng th e Chatter req uires ba llot
langu age to be submitted to the Duval Co unt y Supervisor of Elec ti o ns in accordance with
th e fo ll ow ing deadlines for the 20 15 elections : a.) Ma~ 181
", 2014 for the August 26 111
Primary Election; or b.) August 27'11 fo r the Novem ber 41 ' Ge nera l Electio n.
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DAVID VINCENT
AGENDA ITEM# l OA
AP RJL 14, 20 1tl
1130 Seminole Road 0 Atlantic Beach, FL 32233 0 (904) 422-3423 0 dvin7ll®yahoo.com
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Managed the d aily fun ctions of the Money Market Servic es tea m. Deve loped tal ent on the team through m en toring
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