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.