Loading...
7-26-23 CRC Adopted MinutesPresent: Absent: Also Present: MINUTES Charter Review Committee Meeting Wednesday, July 26, 2023 - 6:00 PM Commission Chamber Bruce Andrews, Member Charles "Chip" Drysdale, Member Kelly Elmore, Member Ellen Golombek, Member William "Bill" Gulliford, Chair Kirk Hansen, Member Mitchell Reeves, Member Suzanne Shaughnessy, Vice Chair Jennifer Lagner, Secretary Dawn Scott, Member Steve Swann, Member Donald Young, Member Debbie Buckland, Member Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) CALL TO ORDER AND ROLL CALL Chair Gulliford called the meeting to order at 6:00 p.m. Secretary Lagner called the roll. CC Donna Bartle and CA Jason Gabriel were also in attendance. 1. APPROVAL OF MINUTES The minutes from the June 28, 2023, Charter Review Committee meeting would be approved at the next regularly scheduled meeting. All speakers were reminded to speak into the microphone; public comment would be limited to three minutes. The public would also have an opportunity to briefly comment on discussion items during the course of the meeting. 2. PUBLIC COMMENT Jack Rowan, Jacksonville, commented on Section 11 and Section 12; recommended to table Section 10 with the ongoing city manager search. Dr. Nancy Staats, Atlantic Beach, thanked the Committee for their work; commented on the city manager search process and its lack of clarity, including the confusion surrounding the salary increase from $150,000 to new range of $190,0004225,000. She also suggested looking at input of the deputy city manager, and having some interaction to assess qualifications. Charter Review Committee July 26, 2023 Jackie Beckenbach, Atlantic Beach, referred to the letter she sent to the Commission expressing her concerns about the city manager process and the need for a standardized process for hiring key positions and boards such as the CRC. She suggested the Committee propose a charter amendment; the lack of transparency and discussion back and forth creates doubt and lack of trust due to lack of clarity. Amy Rose, Atlantic Beach, stated 2 years residency is sufficient for commission qualifications due to an extended time could reduce the opportunity for others. The Commission should be paid more; suggested to look at changing term Commission to Council which seems to be the most common in her research of Florida. Suggested adding 2 additional commissioners to be at large to increase representation. Chair Bill Gulliford commented that Scott Thomas who filled in for CA Jason Gabriel did a commendable job in his absence. 3. MISCELLANEOUS BUSINESS A. ARTICLE II. - THE COMMISSION Sec. 10. - Appointment of city manager; Sec. 11. - Appointment of deputy city manager or deputy city clerk; Sec 12. - Vacancies in the city commission; Sec. 13. - Creation of new departments or offices; change of duties; Sec. 14. - Induction of city commission into office; meetings of the city commission; Sec. 15. - City commission to be judge of qualifications of its members.; and other sections of the Charter. CA Jason Gabriel explained Section 6 regarding qualifications and "full time residents" is defined as "principal place of abode"; while not defined in the Charter, if residency is challenged, attorneys would check different jurisdictions but, in his experience, it is where someone usually lives and can be supported by items such as utility bills. MOTION: Shall be full time resident of the city for four years immediately prior to qualifying and shall be elector in the city for four years. Motion: Ellen Golombek Second. Mitchell Reeves "Elector" was defined as someone who is registered to vote; not that they have voted. There are penalties if one is registered to vote and live somewhere else per voter registration laws. CC Donna Bartle asked if a definitions section could be added to the charter; with an affirmative response from CA Jason Gabriel, she will provide examples at the next Committee meeting with CA Jason Gabriel to find out if the definitions section would be one change or each definition is considered a change. Member Ellen Golombek restated the motion. Bruce Andrews For Charles "Chip" Drysdale For Kelly Elmore For Charter Review Committee July 26, 2023 Ellen Golombek (Moved By) For William "Bill" Gulliford For Kirk Hansen For Mitchell Reeves (Seconded By) For Suzanne Shaughnessy For Jennifer Lagner For Dawn Scott For Steve Swann For Donald Young For Motion passed 12 to 0. Discussion Section 10 - Appointment of city manager General discussion regarding city manager hiring process and flexibility needed based on when the position was open. Attachment A to 7-26-23 CRC Minutes MOTION. The City Commission shall establish clear and transparent rules and processes for the appointment of an administrative officer of the city who shall have... Motion: Ellen Golombek Second. Mitchell Reeves Further discussion regarding rigidity of Charter compared to ordinance. Member Golombek amended her motion. (No Vote taken on the original motion.) AMENDED MOTION: The City Commission shall establish clear rules and processes through ordinance to appoint an administrative officer of the city... Motion: Ellen Golombek Second. Kelly Elmore There was a brief discussion and a vote was taken on the amendment which includes "through ordinance". Bruce Andrews For Kelly Elmore (Seconded By) For Ellen Golombek (Moved By) For William "Bill" Gulliford For Kirk Hansen For Charter Review Committee July 26, 2023 Mitchell Reeves For Suzanne Shaughnessy For Jennifer Lagner For Dawn Scott For Steve Swann For Donald Young For Motion passed 11 to 0. (Member Drysdale's Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers is attached hereto and made part of this Official Record as Attachment A.) Discussion Section 11 - Appointment of depute city, manager or deputy city clerk No changes to Section 11 Discussion Section 12 - Vacancies in the city commission No changes to Section 12 Discussion Section 13 - Creation of new departments or offices; change of duties Discussion regarding the changeover in Commission post-election result certification and the practice of the outgoing Commission having a meeting to close out duties of office with their agenda, then the newly elected Commission be sworn in and have a meeting with another agenda, resulting in 2 meetings for one evening. This practice has been a tradition to possibly close a gap, but the old Commission should not be passing laws at that meeting because they are not technically elected officials at that time once the results are certified. Section 14 should be clarified to mandate the brand newly elected Commission take over on that second Monday. MOTION: To clarify Section 14 that the newly elected City Commissioners only take office at the next regularly scheduled meeting after certification of election. Motion: Mitchell Reeves Second: Kirk Hansen Albert Kerber, Atlantic Beach, suggested if the Committee was to consider clarifying with dates, look at run-off elections due to slim margins if there is not a 50% + 1 in the voter tally. No vote was taken. Charter Review Committee July 26, 2023 MOTION: AMENDED MOTION: Remove the second Monday and change to newly elected city commission assume the duties of the office at the next regularly scheduled meeting of the City Commission following receipt of certified election results and to not have old and new together. Motion: Mitchell Reeves Second. Steve Swann Bruce Andrews For Charles "Chip" Drysdale For Kelly Elmore For Ellen Golombek For William "Bill" Gulliford For Kirk Hansen For Mitchell Reeves (Moved By) For Suzanne Shaughnessy For Jennifer Lagner For Dawn Scott For Steve Swann (Seconded By) For Donald Young For Motion passed 12 to 0. Discussion Section 14 - Induction of city commission into office; meetings of the city commission No changesto Section 14 Section 15 - City commission to be judge of qualifications of its members.; and other sections of the Charter No changes to Section 15 Section 16 - Rules of procedure; journal of minutes No changes to Section 16 Section 17 — Ordinances No changes to Section 17 Charter Review Committee July 26, 2023 Section 18 - Procedure for passage of ordinances and resolutions No changes to Section 18 Section 19- Independent annual audit No changes to Section 19 Section 7 — Salary Chair Bill Gulliford referred to Member Dawn Scott's work regarding commission salary. She shared her research and suggested the Human Resources Director assist with the research. Further discussion ensued with Member Dawn Scott to do further research; CA Jason Gabriel referred to 145.031 subsection 1 and 145.019. B. August Meeting Topics ARTICLE II. - THE COMMISSION Sec. 20. - Attendance of city manager and other officers in city commission; ARTICLE III. - THE CITY MANAGER Sec. 21. — Appointment; Sec. 22. — Qualifications; Sec. 23. - Powers and duties; Sec. 24. - Absence of the city manager; Sec. 25. - Removal of the city manager; and other sections of the Charter. C. August Meeting city staff attendance City Attorney Jason Gabriel and City Clerk Donna Bartle 4. ADJOURNMENT There being no further discussion, Chair Gulliford declared the meeting adjourned at 8 p.m. Attest: Je1 er agn Secretary Suzanne Shaughnessy, e Chair Date Approved: "' a -7 a� Charter Review Committee July 26, 2023 Attachment A of 7-26-23 CRC Minutes FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME Drysdale -Charles -Edward MAILING ADDRESS 2051 Seminole Road CITY COUNTY Atlantic Beach Duval DATE ON WHICH VOTE OCCURRED July 26, 2023 NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Charter Revision Committee THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 9 CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: WHO MUST FILE FORM 813 ❑ ELECTIVE M APPOINTIVE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. Attachment A of 7-26-23 CRC Minutes APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. Charles Edward Drysdale DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclose that on July 26 (a) A measure came or will come before my agency which (check one or more) Xinured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: .20 23 It was a discussion about the Charter's qualifications and the criteria for selecting the City Manager. As an applicant for the City Manager position, I believe that by voting in these matters, that I ran the risk of gaining an advantage in that selection if voting to reduce the numger of eligible candidates through a more restrictive qualification process. , by , which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. August 1, 2023 Date Filed co � l /J - Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1112013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), F.A.C.