Email sent to CRC - Charter Review Committee Meeting 11 29 2023 -Carolyn ZisserGood morning Donna,
I am writing this e-mail to endorse and give citizen support to the
Motion of Atlantic Beach Charter Review Committee member Chip Drysdale,
which he sent to you yesterday to distribute to the members of the
Charter Review Committee for consideration in advance of today’s
meeting. Likewise, please send this email letter to all the members of
the Charter Review Committee as soon as possible this morning for this
evening’s meeting.
Mr. Drysdale achieves the purpose sought in his proposed revision by
amending the language in Article II Section 10 which serves to clarify
the language /intent regarding the “absence of the city manager” in
Article III Section 24, regardless of the reason for the city manager’s
absence.
The intent of Charter Sectio 24, as borne out in the official job
description of the Deputy City Manager, which Mr. Drysdale previously
published at a prior CRC meeting, is that the deputy city manager is to
perform the duties of the city manager during any temporary absence of
the city manager. The recent resignation of the prior city manager in
fact created a “temporary absence” as demonstrated by the employment
agreement of the temporary successor, Joe Garrity, for a temporary term
of only 6 months, at additional expense to the City.
In order for there to be consistency and a smooth continuation of
duties , in the absence of the city manager, Charter Article II Section
10, should be revised in accordance with Mr. Drysdale’s Motion so that
the intent of Article III Section 24 is implemented regardless of the
reason for the city manager’s absence, by adding the words “ ‘resigns or
‘ is removed.” In the event the absence is due to termination or
resignation, there is continuity in the deputy city manager handling the
responsibilities of the city manager position until such time as the
city commission shall hire someone full time to perform the duties of
the city manager. Moreover, it would have avoided the questionable
propriety of the city commission’s hiring of a new “temporary city
manager” until the City Commission hired a new full-time city manager.
This proposed revision follows the principle that the City Commission
retains the ultimate power to hire and fire the city manager. This role
of the City Commission should not supersede or abrogate the established
and automatic succession plan in Section 24 which provides for the
deputy city manager to handle the duties of the city manager in the
latter’s absence, as the Atlantic Beach City Attorney incorrectly
suggests.
Thank you for your consideration.
Sincerely yours,
Carolyn S. Zisser, Esq.
Attorney at law
Carolyn Zisser
Attorney
T: (904) 353-3222 <orionapp://starscope/dial?number=9043533222> | F:
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