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01-24-24 Charter Review Committee - AgendaCity of Atlantic Beach Agenda Charter Review Committee Meeting Wednesday, January 24, 2024 - 6:00 p.m. Commission Chamber City Hall, 800 Seminole Road, FL 32233 Page(s) CALL TO ORDER AND ROLL CALL 1. APPROVAL OF MINUTES 1.A. Approve minutes of the December 18, 2023 Charter Review Committee 3 - 8 meeting. 12-18-23 Charter Review Committee Draft Minutes 2. PUBLIC COMMENT 3. MISCELLANEOUS BUSINESS 3.A. ARTICLE IX. - ELECTIONS - Sec. 41. - Elections: General. ; Sec. 42. - Elections: Absentee voting.; Sec. 43. - Elections: Canvassing board, duties. ARTICLE X. - INITIATIVE AND REFERENDUM - Sec. 44. - Power of initiative.; Sec. 45. - Power of referendum.; Sec. 46. - Form of petitions; committee of petitioners.; Sec. 47. - Filing, examination and certification of petitions.; Sec. 48. - Amendment of petitions.; Sec. 49. - Effect of certification of referendum petition.; Sec. 50. - Consideration by city commission.; Sec. 51. - Submission to electors.; Sec. 52. - Form of ballot for initiated and referred ordinances.; Sec. 53. - Availability of list of qualified electors.; Sec. 54. - Results of election.; Sec. 55. - Reserved. ARTICLE XI. - RECALL ELECTIONS - Sec. 56. - Procedures. ARTICLE XII. - FRANCHISES - Sec. 57. - Granting of franchises. ARTICLE XIII. - TAX ADMINISTRATION - Sec. 58. - Tax administration. ARTICLE XIV. - ZONING - Sec. 59. - Zoning, land development regulations and maximum building height. ARTICLE XV. - MUNICIPAL BORROWING - Sec. 60. - Authority to borrow. ARTICLE XVI. - SUITS AGAINST THE CITY - Sec. 61. - Suits. ARTICLE XVII. - GENERAL AND MISCELLANEOUS PROVISIONS - Sec. 62. - Removal of officers and employees.; Sec. 63. - Removal of members of boards, commissions, or agencies.; Sec. 64. - Investigations.; Sec. 65. - Publicity of records.; Sec. 66. - Personal interest.; Sec. 67. - Official bonds.; Sec. 68. - Oath of office.; Sec. 69. - Effect of this charter on existing law.; Sec. 70. - Rights of officers and employees preserved. ; Sec. 71. - Continuance of present officers.; Sec. 72. - Continuity of offices, boards, commissions or agencies.; Sec. 73. - Transfer of records and property.; Sec. 74. - Title to property reserved.; Sec. 75. - Continuance of contracts and public improvements.; Sec. 76. - Pending actions Page 1 of 17 Charter Review Committee - 24 Jan 2024 and proceedings.; Sec. 77. - Short title.; Sec. 78. - Severability clause. ARTICLE XVIII. - WHEN ACT TAKES EFFECT AND PERIODIC REVIEW - Sec. 79. - Effective date of Act.; Sec. 80. - Effect of changes in state law.; Sec. 81. - Periodic review; and other sections of the charter. 3.B. Environmental Stewardship Committee's Recommendation (Bruce Andrews) 9 - 10 Motion requested by ESC 3.C. Future Meetings • Schedule (previously set as Feb. 28, Mar. 27, and Apr. 24 at 6 p.m.) • Review of deliverable dates • Topics for next meeting • City staff attendance CRC timeline for Referendum in 2024 AB Charter Sec. 81 Summary of CRC Recommendations - Condensed Draft 4. ADJOURNMENT 11 - 17 This meeting will be live -streamed and videotaped. The video recording will be posted within four business days on the City's website. To access live or recorded videos, visit www.coab.us/live. Any person wishing to speak to the Charter Review Committee at this meeting should submit a request prior to public comment. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk's Office at (904) 247-5809 at least three business days prior to the meeting. Page 2 of 17 Agenda Item #1.A. 24 Jan 2024 Present: MINUTES Charter Review Committee Meeting Monday, December 18, 2023 - 6:00 PM Commission Chamber 800 Seminole Road, FL 32233 William "Bill" Gulliford, Chair Suzanne Shaughnessy, Vice Chair Jennifer Lagner, Secretary Debbie Buckland, Member Charles "Chip" Drysdale, Member Ellen Golombek, Member Kirk Hansen, Member Mitchell Reeves, Member Dawn Scott, Member Steve Swann, Member Donald Young, Member Absent: Bruce Andrews, Member Kelly Elmore, Member Also Present: Donna Bartle, City Clerk (CC) Rob Graham, City Attorney (CA) Jerry Holland, Supervisor of Elections Duval County, Florida CALL TO ORDER AND ROLL CALL Chair Gulliford called the meeting to order at 6:00 p.m. Secretary Lagner called the roll. 1. APPROVAL OF MINUTES A. Approve minutes of the November 29, 2023 Charter Review Committee meeting. MOTION: Approve minutes of the November 29, 2023 Charter Review Committee meeting. Motion: Mitchell Reeves Second: Ellen Golombek William "Bill" Gulliford For Suzanne Shaughnessy For Jennifer Lagner For Charles "Chip" Drysdale For Ellen Golombek (Seconded By) For Kirk Hansen For Mitchell Reeves (Moved By) For Dawn Scott For Charter Review Committee December 18, 2023 Page 1 of 6 Page 3 of 17 Agenda Item #1.A. 24 Jan 2024 Stere Swann Donald Young For For Motion passed 10 to 0. Member Debbie Buckland arrived at 6:10 p.ni. and was not available to vote on notion. 2. PRESENTATION A. Presentation by Jerry Holland, Supervisor of Elections, Duval County, Florida Mr. Holland provided a brief overview of the election process Jacksonville Beach and Neptune Beach follow. He stated, simply put, if there are more than two candidates, they run in August with the hope to get to two for the November election. The August election is not a partisan primary, but a first and second general election. There is no financial cost for the August and November election timing; if the cities go off those dates, then a charge would incur. The benefit is that there is a good turnout in November and more representative of what the people want. A move to November for elections is positive for good voter turnout and more representative of what electors wants. He reconiniended Atlantic Beach remain on the Federal and State cycle but go back to a majority and following the two general elections if more than three candidates. When asked how the City Clerk's duties niay have changed due to this timing move, Mr. Holland stated all file through the clerk who will handle the filing, but supervisor of elections verifies signature as the municipalities across the state handle it. If there is a runoff after November election, that would be like a special election because of amount of additional work and costs because they would only be the ones on the ballot and niay have a low voter turnout due to timing. Member Reeves asked Mr. Holland if he could assist with providing some language should the CRC wish to propose a change to the Charter regarding elections and Mr. Holland said he would provide. Sarah Boren, Atlantic Beach stated she had a few questions for Mr. Holland. 1. There are too many choices for public. Mr. Holland stated those who are interested do take the time to review the entire ballot and more people who vote then entire than just those at the top of the ballot. 2. She asked about the number reconiniended for changes and how to draft in clear language. Mr. Holland shared you never want to limit, he has seen as many as 19 and as few as 2-3). He reconiniended the CRC put on there what you think will perfect the work. 3. How often are districts updated. Mr. Holland stated at one time, Atlantic Beach all were at large and then had 4 precincts by coincidence. The districts were drawn for geographic reasons but does need to be looked at for the population. You can take the total population and do by total age or voting age, take census, divide by 4 with a 5% over or under. Population should be looked at like the census. 4. What tips and advice on how to get word out. Mr. Holland stated combination of social media campaign and others to get out. Dr. Nancy Stoats, Atlantic Beach: Asked if any other areas use a plurality. Mr. Holland stated he was not aware of others that use a plurality. Charter Review Committee December 18, 2023 Page 2 of 6 Page 4 of 17 Agenda Item #1.A. 24 Jan 2024 CC Donna Bartle Asked if seats can be certified separately from Duval County. Mr. Holland stated when you jump on Federal and State it is based on when results conte in but will check with counsel if they can be pulled out. There are timelines and what you can rectify during election. Carolyn Zisser, Atlantic Beach: section 41 appropriate section can you sub majority for plurality in a simple way. JH: no because charter sets up held in Nov. Need to be all one because of how they impact each other and the consequences. Don Wolfson, Atlantic Beach: not hard to conte up with language, look at history. 3. PUBLIC COMMENT Public comment was held during the presentation by Mr. Holland and during Miscellaneous Business. 4. MISCELLANEOUS BUSINESS A. CHARTER PROVISIONS ARTICLE III. - THE CITY MANAGER Member Hansen stated changing out the city manager is impactful, and he believe it should be a supermajority vote. Understand if not all in attendance but can be simple can be 75% of voting commissioners and was prepared to make a motion. Member Drysdale also had a motion; Member Hansen deferred to Member Drysdale. MOTION: ARTICLE II, Sec. 10 — appointment of city manager..... "In the event the city manager resigns or is removed or is incapacitated and unable to appoint a substitute as required in Sec. 24 of this Charter, the deputy city manager shall assume the responsibilities of an interim city manager until such time that the city commission shall hire someone to perform the duties of the city manager." Motion: Charles "Chip" Drysdale Second: Ellen Golofnbek- General discussion ensued amongst the members of the CRC. Carolyn Zisser, Atlantic Beach shared the motion on the floor is to shore up the absence of the city manager. Don Wolfson, Atlantic Beach shared he is in favor of the motion on the floor. Dr. Nancy Staats, Atlantic Beach shared it is apparent by the conversations the charter is not clear and language needs to be cleaned up. It is irresponsible not to have a succession plan. Jackie Beckenbach, Atlantic Beach is in agreement with the motion and having a succession plan and agrees with statements made by Mr. Holland. Charter Review Committee December 18, 2023 Page 3 of 6 Page 5 of 17 Agenda Item #1.A. 24 Jan 2024 Further discussion regarding the notion and thoughts on the merit of the notion. Chair Gulliford called for the vote. William "Bill" Gulliford Against Suzanne Shaughnessy Against Jennifer Lagner Against Debbie Buckland Against Charles "Chip" Drysdale (Mored By) For Ellen Golombek (Seconded By) For Kirk Hansen For Mitchell Reeves Against Dawn Scott For Stere Swann Against Donald Young Against Motion failed 4 to 7. MOTION: Sec. 25 to say "The city manager shall serve at the pleasure of the city commission. The city commission niay remove the city manager for any or no reason by the affirmative vote of not less than 75% of the voting commissioners." Motion: Kirk Hansen Second: Debbie Buckland Discussion ensued regarding the motion amongst the CRC. William "Bill" Gulliford For Suzanne Shaughnessy For Jennifer Lagner For Debbie Buckland (Seconded By) For Charles "Chip" Drysdale For Ellen Golombek For Kirk Hansen (Mored By) For Mitchell Reeves For Dawn Scott For Stere Swann For Donald Young For Motion passed 11 to 0. Member Hansen had to leave the meeting at 8:40 p.ni. for another commitment. Charter Review Committee December 18, 2023 Page 4 of 6 Page 6 of 17 Agenda Item #1.A. 24 Jan 2024 ARTICLE IX. — ELECTIONS Sec. 36. - Election regulations.; No Changes Sec. 37. - Nonpartisan elections.; No Changes Sec. 38. - Electors; registration.; No Changes Sec. 39. - Nominations.; No Changes Sec. 40. - Elections: Primary.; and Sec. 41. - Elections: General. MOTION: Amend Sections 40 and 41 in accordance with language consistent with Neptune Beach and Jacksonville Beach after reviewed by attorney and sent to Jerry Holland for further clarification. Motion: Ellen Golombek Second: Donald Young General discussion ensued regarding the motion. Don Wolfson, Atlantic Beach stated the current language is a mistake and should be corrected and asked CRC to support it for fair representation. William "Bill" Gulliford For Suzanne Shaughnessy For Jennifer Lagner For Debbie Buckland For Charles "Chip" Drysdale For Ellen Golombek (Moved By) For Mitchell Reeves For Dawn Scott For Steve Swann For Donald Young (Seconded By) For Motion passed 10 to 0. Al Kerber, Atlantic Beach suggested we promote that. Charter Review Committee December 18, 2023 Page 5 of 6 Page 7 of 17 Agenda Item #1.A. 24 Jan 2024 B. January Meeting Topics ARTICLE IX. - ELECTIONS - Sec. 41. - Elections: General. ; Sec. 42. - Elections: Absentee voting.; Sec. 43. - Elections: Canvassing board, duties. ARTICLE X. - INITIATIVE AND REFERENDUM - Sec. 44. - Power of initiative.; Sec. 45. - Power of referendum.; Sec. 46. - Forni of petitions; committee of petitioners.; Sec. 47. - Filing, examination and certification of petitions.; Sec. 48. - Amendment of petitions.; Sec. 49. - Effect of certification of referendum petition.; Sec. 50. - Consideration by city commission.; Sec. 51. - Subniission to electors.; Sec. 52. - Forni of ballot for initiated and referred ordinances.; Sec. 53. - Availability of list of qualified electors.; Sec. 54. - Results of election.; Sec. 55. - Reserved. ARTICLE XI. - RECALL ELECTIONS - Sec. 56. - Procedures. ARTICLE XII. - FRANCHISES - Sec. 57. - Granting of franchises. ARTICLE XIII. - TAX ADMINISTRATION - Sec. 58. - Tax administration. ARTICLE XIV. - ZONING - Sec. 59. - Zoning, land development regulations and niaxiniuni building height. ARTICLE XV. - MUNICIPAL BORROWING - Sec. 60. - Authority to borrow. ARTICLE XVI. - SUITS AGAINST THE CITY - Sec. 61. - Suits. ARTICLE XVII. - GENERAL AND MISCELLANEOUS PROVISIONS - Sec. 62. - Removal of officers and employees.; Sec. 63. - Removal of members of boards, commissions, or agencies.; Sec. 64. - Investigations.; Sec. 65. - Publicity of records.; Sec. 66. - Personal interest.; Sec. 67. - Official bonds.; Sec. 68. - Oath of office.; Sec. 69. - Effect of this charter on existing law.;Sec. 70. - Rights of officers and employees preserved. ; Sec. 71. - Continuance of present officers.; Sec. 72. - Continuity of offices, boards, commissions or agencies.; Sec. 73. - Transfer of records and property.; Sec. 74. - Title to property reserved.; Sec. 75. - Continuance of contracts and public improvements.; Sec. 76. - Pending actions and proceedings.; Sec. 77. - Short title.; Sec. 78. - Severability clause. ARTICLE XVIII. - WHEN ACT TAKES EFFECT AND PERIODIC REVIEW - Sec. 79. - Effective date of Act.; Sec. 80. - Effect of changes in state law.; Sec. 81. - Periodic review and other sections of the charter. C. January Meeting City Staff Attendance City Attorney and City Clerk. 5. ADJOURNMENT There being no further discussion, Chair Gulliford declared the meeting adjourned at 8 p.m. Attest: Jennifer Lagner, Secretary William Gulliford, Chair Date Approved: Charter Review Committee December 18, 2023 Page 6 of 6 Page 8 of 17 Agenda Item #3.B. 24 Jan 2024 iknf�8'tl'k 01 Sit WRiDSHQP COMMITTEE Motion to the COAB Charter Review Committee The City of Atlantic Beach (COAG) Environmental Stewardship Committee (ESC) unanimously voted and recommends to the 2023-2024 COAG Charter Review Committee to adopt and insert the following language into the Charter and to add to the ballot as one of the formal changes to be voted upon by our residents. Proposed Motion Add a new section to Article 1 entitled Sec. 5: Environmental Leadership that includes the following language: To ensure the health and safety of its citizens and enhance property values, high quality of life, and healthy environment, the City of Atlantic Beach shall continually improve its leadership and preparation for sustainability, resilience, environmental stewardship, and protection of tree canopy. Background For those of you who are not familiar with the ESC, it is publicly appointed advisory committee established in 2017 by the City of Atlantic Beach in conjunction with an update of Chapter 23, "Protection of Trees and the Natural Environment" of the City Ordinance. It consists of 11 members (4 district seats and 7 at large seats) of AB residents with diverse and vital subject matter expertise serving at least three-year terms. Our role is to study and provide guidance to the City about our maritime forest, parks and open spaces, beautification, and environmental stewardship of our community; as well as motivate and coordinate participation in these efforts. We also respond to requests from the Commission and staff such as the desire to achieve LEED for Cities Gold certification which led to creating a Sustainability & Resilience Community Action Plan for ongoing improvement. ESC's subcommittees focus on trees & beautification, sustainability & resilience, and education & outreach, each of which has volunteer working groups. In preparation of the proposed motion and for due diligence, the ESC has completed the following actions: 1. reached out to the Florida League of Cities for examples of other cities adding similar language to their Charters. To name a few, ,H Il.ywood. and Gaine.svil.l..e have language in their preamble and New. Srp.yrna._Beach, has a whole separate Article section. Several FL Regional Planning Councils (e.g., 5E FL Regional .._Climate Compact, Tarnoa Bay Regional Page 9 of 17 Agenda Item #3.B. 24 Jan 2024 Resiiliency Coalition, East Central Florida Regional Resilience Collaborative have deeply incorporated sustainability, resilience and environmental stewardship and protection into their action plans. 2. consulted the COAG City Attorney, Jason Gabriel, about the best location for the language. He offered the following three suggestions: I. create a separate Article all together; II. strengthen Article 14 Section 59 Zoning, Land Development and Height Limits; and/or III. add a new section (e.g., Section 5) to Article 1 (as close to a preamble that we have). 3. considered AB Preservation's suggested location and language 4. discussed and debated all of the suggestions (e.g., City Attorney, AB Preservation, FL LOC) thoroughly at ESC's September & October noticed meetings. The ESC feels strongly that it is the whole city's duty, obligation, job and one of its main services is to protect and enhance environmental stewardship, tree canopy, resilience and sustainability (not just the job of the Commission or City Manager) Page 10 of 17 Date Timeline for Election Referendum for November 5, 2024 General Election Item 1/23/2023 City Commission Meeting Agenda Item 8A 2/13/2023 2/16/2023 Various 5/9/2024 City Commission Meeting Agenda Item 4C 15t Meeting of the Charter Review Committee Charter Review Committee meetings Deadline to submit final report to Commission. Introduction and First TBD Reading on Ordinance(s) for Commission action. TBD Notice in Newspaper Public Hearing and Final TBD Reading on Ordinance(s) for Commission action. 8/13/24 preferably, definitely by 8/20/24 Deadline for submitting ballot language to Supervisor of Elections 10/3/2024 Notice in Newspaper 10/17/2024 Notice in Newspaper Purpose Commission approved Resolution No.23-02 outlining the Committee's charge and appointing members. Motion on Reconsideration of Resolution No. 23-02 (Failed) Organizational/orientation meeting and election of officers (Chair, Vice Chair, and Secretary) Hold Committee meetings Final report to City Commission. Have first reading on ordinance(s) allowing for referendum. Advertise public hearing(s) for Referendum Ordinance(s) Hold public hearing and second (final) reading on ordinance(s) allowing for referendum. Provide ballot language to Supervisor of Elections for placing on November 5, 2024 General Election ballot. Advertise referendum for the November 5, 2024 General Election. Advertised election information and the Charter Election Ballot for the November 5, 2024 General Election. 11/5/2024 2024 GENERAL ELECTION Referendum to be put on the November 5, 2024 General Election ballot Agenda Item #3.C. 24 Jan 2024 Document/Citation Links aI; Charter Section 81 ......................................................................................................................... Resolution NI). 23..u2 ............................................................................................................... araentla Packet 12cnda Iteon R:1 Backup 11hautes :lraenda Packet 12enda Item I( I;ackut, Minutes araenda packet Minutes :12enda Packet. I'a Iden 111mutes Folder :\I- Cltarico Section 81 (no later than 180 days prior Election) I'. 16()) )1 "... a proposed ordinance may be read by title, or in full, on at least 2 separate days..." 1 .S. 16,6,.11 I 1 "... at least 10 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality...." 1 .S. 166)1,11 "... a proposed ordinance may be read by title, or in full, on at least 2 separate days..." Date of First Primary, but preferably a week ahead of that — per Duval Co. S.O.E. staff. 1 .S. 1010.12 .................................................................... "The publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the election or referendum is to be held." r. 100.-;.1.2 "The publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the election or referendum is to be held." :\I- Citarico Section 81 ............................................................................................................... U.S. 166.0;1 Page 11 of 17 Page 12 of 17 Agenda Item #3.C. 24 Jan 2024 Sec. 81. - Periodic review A Charter Review Committee consisting of at least nine (9) and no more than fifteen (15) electors of the City shall be appointed by the City Commission every eight (8) years to review the City Charter and propose any amendments or revisions, which may be advisable for placement on the regular municipal election ballot. The City Commission shall appoint the Charter Review Committee in January of the year immediately preceding the election with a definite and specific charge. The Charter Review Committee shall meet for the purpose of organization within thirty (30) days after the appointments have been made. The Charter Review Committee shall elect a chair and vice chair from among its membership. Further meetings of the Charter Review Committee shall be held upon the call of the chair or a majority of the members of the Charter Review Committee. All meetings shall be open to the public. No Charter amendment or revision shall be submitted to the electorate for adoption unless favorably voted upon by a majority of the entire membership of the Charter Review Committee. No later than one -hundred and eighty (180) days prior to the regular municipal election, the Charter Review Committee shall deliver to the City Commission the proposed amendments or revisions, if any, to the City Charter. Each proposed amendment shall embrace but one subject and matter directly connected therewith. The City Commission may by resolution place such amendments or revisions as approved by the Charter Review Committee on the next regular municipal election ballot. If a majority of the electors voting on the amendments or revisions favor adoption, such amendments or revisions shall become effective on January 1 of the succeeding year or such other time as the amendment or revision shall provide. If the Charter Review Committee does not submit any proposed Charter amendments or revisions to the City Commission at least one -hundred and eighty (180) days prior to the regular municipal election, the Charter Review Committee shall be automatically dissolved. Otherwise, upon acceptance, further amendment or rejection of the proposed amendments or revisions by the City Commission, the Charter Review Committee shall be automatically dissolved. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15) Page 13 of 17 Page 14 of 17 Agenda Item #3.C. 24 Jan 2024 As of 12/7/23 SUMMARY OF RECOMMENDATIONS REGARDING CHARTER REVIEW — CONDENSED DRAFT ARTICLE II. - THE COMMISSION Sec. 5. - Number of commissioners; selection; term. APRIL 26. 2023 meeting MOTION: Upon further review of the 2007 Representation Study Committee Report, I so move to continue district representation in Atlantic Beach as recommendation by the District Representation Committee, accepted by the City Commission, and approved by majority vote in the 2007 city-wide referendum that each commission member live in the district/precinct from which he or she runs and that the candidates be voted on citywide. The districts should be equal in population and to the degree possible should maintain the integrity of neighborhoods and communities of interest. Sec. 6. - Qualifications and disqualifications. Mav 24. 2023 AMENDED MOTION: To extend residency requirement from two years to four years REVISED 7/26/23 MEETING - 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. Sec. 9. - Powers. (14) Provide for the protection and preservation of parks as follows: Any real property owned by the city which is used principally or held out for use as a public park, shall be used only as a public park; and parks shall not be sold, leased long term, gifted, changed in description or use, or otherwise disposed of; and no structure shall be built in any such park to accommodate activities not customarily associated with park use or outdoor recreation; unless such sale, lease disposal, gift or structure is approved by unanimous vote of the entire city commission. June 28. 2023 MOTION: change wording for #14 of the powers "is approved by unanimous vote of the entire city commission." to "vote by referendum". Sec. 10. - Appointment of city manager. The city commission shall appoint an administrative officer of the city, who shall have the title of city manager, who shall have the powers and perform the duties provided in this Charter and who shall be compensated at a rate set by the city commission. No member of the city commission shall receive such appointment during the term for which the person shall have been elected, nor within two years after the expiration of the person's term. In the event the City Manager is removed or incapacitated and unable to appoint a substitute as required in Sec. [Section] 24 of this Charter, the city commission shall appoint someone to perform the duties of the city manager. July 26. 2023 AMENDED MOTION: The City Commission shall establish clear rules and processes through ordinance to appoint an administrative officer of the city 1 Page 15 of 17 Agenda Item #3.C. 24 Jan 2024 As of 12/7/23 December 18. 2023 MOTION: section 25 to say "not less than 75% of the voting commissioners" Sec. 14. - Induction of city commission into office; meetings of the city commission. After each general election, the newly elected city commissioners shall assume the duties of office at the regularly scheduled meeting of the city commission held on the second Monday in November provided that the Supervisor of Elections has certified the election results. If the election results for any contested city commission seat cannot be certified prior to the meeting to be held on the second Monday in November, then any newly elected city commissioners shall assume the duties of office at the next regularly scheduled meeting of the city commission following receipt of the certified election results from the Supervisor of Elections. Until the newly elected city commissioners assume the duties of office, the previous sitting city commissioners shall remain in office. All other regular meetings of the city commission shall be fixed by ordinance, but there shall not be less than one regular meeting each month. Except as provided by Florida's Government -in -the -Sunshine Law (F.S. 286.011), all meetings of the city commission shall be open to the public. July 26. 2023 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 CC following receipt of certified election results and to not have old and new together. ARTICLE III. - THE CITY MANAGER Sec. 24. - Absence of the city manager. September 27. 2023 LANGUAGE TO BE PROVIDED BY CITY ATTORNEY at request of Vice Chair Suzanne S. Sec. 25. - Removal of the city manager. The city manager shall serve at the pleasure of the city commission. The city commission may remove the city manager by the affirmative vote of not less than three (3) of its members. September 27. 2023 MOTION: The city manager shall serve at the pleasure of the city commission. The city commission may remove the city manager for any or no reason by the affirmative vote of not less than four (4) of its members. December 18. 2023 MOTION: The city manager shall serve at the pleasure of the city commission. The city commission may remove the city manager for any or no reason by the affirmative vote of not less than 75% of the voting commissioners. ARTICLE IV. - THE CITY CLERK Sec. 28. - Appointment; duties. 2 Page 16 of 17 Agenda Item #3.C. 24 Jan 2024 As of 12/7/23 The city commission shall appoint an executive officer to serve the city commission and to assure that all its enactments are effectively carried out. The title of the executive officer shall be "city clerk" and as such, shall be under the direction of and compensated at a rate set by the city commission. The duties of the city clerk shall be to: (1) Establish and maintain a line of communication with the city manager; and (2) Prepare an agenda for every commission meeting and a permanent record of each such meeting; and (3) Disseminate information as necessary about activities, findings, or decisions of the city commission; and (4) Provide the city commission with information as requested about programs of the city government; and (5) Serve as supervisor of election for city elections; and (6) Serve as custodian of all city records and the seal of the city; and (7) Administer oaths; and (8) Conduct such other activities as may be specified by this Charter, the city code or the city commission. October 25. 2023 MOTION: Change "Serve as supervisor of election for city elections" to "Serve as filing officer for city elections" ARTICLE IX. - ELECTIONS Sec. 40. - Elections: Primary. Sec. 41. - Elections: General. December 18. 2023 MOTION: amend sections 40 and 41 in accordance with language consistent with Neptune Beach and Jacksonville Beach after reviewed by attorney and sent to Jerry Holland for further clarification. 3 Page 17 of 17