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10-25-23 CRC Adpoted MinutesMINUTES f; Charter Review Committee Meeting Wednesday, October 25, 2023 - 6:00 PM Commission Chamber, City Hall r ,r 800 Seminole Road, Atlantic Beach, FL 32233 Present: William "Bill" Gulliford, Chair Suzanne Shaughnessy, Vice Chair Bruce Andrews, Member Debbie Buckland, Member Charles "Chip" Drysdale, Member Kelly Elmore, Member Ellen Golombek, Member Kirk Hansen, Member Mitchell Reeves, Member Steve Swann, Member Donald Young, Member Absent: Jennifer Lagner, Secretary Dawn Scott, Member Also Present: William B. Killingsworth, City Manager (CM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Cathy Varian, Human Resources Director (HRD) CALL TO ORDER AND ROLL CALL Chair Gulliford called the meeting to order at 6:00 p.m. Before roll call, Chair Gulliford asked for a moment of silence for the hostages. Member Mitch Reeves called the roll in the absence of Secretary Lagner. 1. APPROVAL OF MINUTES A. Approve minutes of the September 27, 2023, Charter Review Committee meeting. MOTION: Approve minutes of the September 27, 2023 Charter Review Committee meeting. Motion: Charles "Chip" Drysdale Second. Kelly Elmore William "Bill" Gulliford For Suzanne Shaughnessy For Bruce Andrews For Debbie Buckland For Charles "Chip" Drysdale (Moved Bv) For Charter Review Committee October 25, 2023 Kelly Elmore (Seconded By) For Ellen Golombek For Kirk Hansen For Mitchell Reeves For Steve Swann For Donald Young For Motion passed 11 to 0. Before the Public Comment, Chair Gulliford commented on the prior meeting motion regarding ARTICLE II. - THE CITY MANAGER Sec. 25. - Removal of the city manager. He cited different examples of three to two vote as opposed to a four to one vote and the impacts. Further discussion ensued with various comments from members. Chair Gulliford would like the list of all motions from the Charter Review Committee to be made available to all members and the public at each meeting. He thanked the Vice Chair for her leadership at the September Charter Review Committee meeting and reminded all speakers to speak into the microphone. 2. PUBLIC COMMENT Don Wolfson Atlantic Beach commented on CA Gabriel's memorandum that was provided to the Charter Review Committee members, specifically the referendum subject matter. He referred the CRC to ARTICLE XVIII. - WHEN ACT TAKES EFFECT AND PERIODIC REVIEW Sec. 81. - Periodic review and stated he did not agree with CA Gabriel's opinion; CA Gabriel stated this was a policy/strategy decision as to how the proposed changes may be presented. Mr. Wolfson recounted the prior CRC presented to the Commission each proposed amendment individually. Chair Gulliford stated the amendments would be prioritized by the CRC. Chair Gulliford asked Cathy Varian Director Human Resources to speak regarding what she was asked to present. ARTICLE III. - THE CITY MANAGER Sec. 27. - Governance of departments. This was related to the prior meeting discussion regarding "city personnel practices" and understanding what they are. HRD Varian stated they are in an employee handbook that gets updated as changes occur; the City Manager approves the changes to the handbook before they are implemented. There is a routing system for hires starting with the department head. HRD Varian stated the qualifications are in the position descriptions that include the experience and other items for the positions. The employee handbook does not have the position qualifications. Member Drysdale asked who wrote the city manager and deputy city manager job descriptions; are they enforceable, and if they are out of spectrum of the descriptions, how are they held accountable. DHR Varian stated the current Commission can alter city manager description, the deputy city manager reports to city manager, and that description is written with approval of city manager. City Manager Killingsworth stated land development regulations, for example, are adopted by Commission; the employee handbook gives authority to city manager to approve pay ranges. Charter Review Committee October 25, 2023 3. City Manager Killingsworth made the statement it was his intent to adjust pay scale unless the Commission objected. There is discretion with the city manager and if any decisions are poor, the Commission will address it. Carolyn Zisser Atlantic Beach stated she will be studying the legal connections between Article II Sec. 10 and Article III Section 24. She shared Sec. 24 is clear on its face and questioned the situation of how the Commission interpreted the absence of the city manager and hiring an outside interim city manager. Recommended to add language to Sec. 10 that the deputy city manager shall assume position of interim city manager until such time the Commission hires someone to perform the duties of the city manager and to leave Sec. 24 alone. General discussion ensued regarding prior city manager transitions and how prior commissions addressed having an interim city manager. Chair Gulliford suggested Ms. Zisser send her recommended language to the committee members. More discussion ensued regarding deputy city manager position and temporary absence clarification. Chair Gulliford asked this to be added to the agenda. MISCELLANEOUS BUSINESS A. ARTICLE III. - THE CITY MANAGER Sec. 24. - Absence of the city manager; Sec. 27. - Governance of departments; ARTICLE IV. - THE CITY CLERK Sec. 28. - Appointment; duties.; Sec. 29. - Qualifications.; Sec. 30. - Removal of the city clerk; ARTICLE V. - CITY ATTORNEY Sec. 31. - Appointment and qualifications.; Sec. 32. - Powers and duties; ARTICLE VI. - DEPARTMENT OF PUBLIC SAFETY Sec. 33. - Appointments and responsibilities; ARTICLE VII. — BUDGET Sec. 34. - Preparation and adoption; ARTICLE VIII. - DEPARTMENT OF FINANCE Sec. 35. - Director of finance; and other sections of the Charter Discussion ARTICLE IV. - THE CITY CLERK Sec. 28. - Appointment; duties MOTION: Change "Serve as supervisor of election for city elections" to "Serve as filing officer for city elections" Motion: Suzanne Shaughnessy Second. Charles "Chip" Drysdale General discussion ensued regarding the process of elections, the City Clerk's involvement and the historical change of COAB election to align with Duval County. William "Bill" Gulliford Against Suzanne Shaughnessy (Moved By) For Bruce Andrews For Debbie Buckland For Charles "Chip" Drysdale (Seconded By) For Kelly Elmore For Ellen Golombek For Charter Review Committee October 25, 2023 4. Attest: r Je ifi Kirk Hansen For Mitchell Reeves For Steve Swann Against Donald Young For Motion passed 9 to 2. B. November Meeting Topics ARTICLE III. - THE CITY MANAGER Sec. 24. - Absence of the city manager; Sec. 27. - Governance of departments; ARTICLE IV. - THE CITY CLERK; Sec. 29. - Qualifications.; Sec. 30. - Removal of the city clerk; ARTICLE V. - CITY ATTORNEY Sec. 31. - Appointment and qualifications.; Sec. 32. - Powers and duties; ARTICLE VI. - DEPARTMENT OF PUBLIC SAFETY Sec. 33. - Appointments and responsibilities; ARTICLE VII. — BUDGET Sec. 34. - Preparation and adoption; ARTICLE VIII. - DEPARTMENT OF FINANCE Sec. 35. - Director of finance; and other sections of the Charter. ARTICLE IX. — ELECTIONS - Sec. 36. - Election regulations.; Sec. 37. - Nonpartisan elections.; Sec. 38. - Electors; registration.; Sec. 39. - Nominations.; Sec. 40. - Elections: Primary.; Sec. 41. - Elections: General. Sec. 42. - Elections: Absentee voting.; Sec. 43. - Elections: Canvassing board, duties. C. November Meeting City Staff Attendance Chief of Police, if he would like to attend. ADJOURNMENT There being no further discussion, Chair Gulliford declared the meeting adjourned at 8:09 p.m. Lagner, kl/I 1 425 Date Approved: Charter Review Committee October 25, 2023