Charter Review Committee Report submitted to Commission on 4-26-24A REPORT BY THE 2024 CHARTER REVIEW COMMITTEE
TO THE MAYOR AND CITY COMMISSION,
CITY OF ATLANTIC BEACH, FLORIDA
It has been a wonderful and rewarding experience for me to chair the Charter
Review Committee. I have been especially honored to work with a great group
of residents who have given significant time, thought and energy to the process
as committee members. I especially want to recognize Jenn Lagner who as
Secretary, put in more time than any of us in this effort. I also want to sincerely
thank Donna Bartle for her time, diligence and hard work as a fantastic city clerk
supporting this endeavor.
We are presenting you with a work project of suggested amendments to the
Atlantic Beach Charter. It is honed from hours of study, discussion and debate,
often with passion but always with civility. During the process we allowed any
residents who wished to speak on any topic an open and free opportunity to do
so.
There were a number of proposals that did not reach an affirmative vote by the
majority and that was healthy. A significant number of them did find majority
support and that is what you have in this report. We also thought it prudent to
rank the top five of them by order of importance. We did so by having each
member pick their top five in order of importance and then we combined them
to calculate the order of importance or priority by the entire committee. That
compilation and calculation of the priority ranking was done by Donna Bartle.
You, the commission, can see what we deemed as a body to be the most
important for ballot consideration.
Another issue which the commission thought might be addressed through
ordinance by reviewing and changing as needed, is district boundaries. While
populations in the districts (precincts) are pretty static, at present it appears
there is no established process for review. Many cities review and change as
necessary every ten years after the census. The committee thought that the
commission might consider establishing a formal process by ordinance. One
of the #7 Proposals (two were tied for #7) sort of addressed this issue.
We are suggestingthat after you have had an opportunity to review our findings,
we hold a workshop meeting with both the commission and the committee for
comments and questions. We believe that would be an important and
beneficial closure to the work we have done.
Sincerely,
William Gulliford, Chairman
April 24, 2024
#1 PROPOSAL The city should return to a primary system of electing the mayor
and commissioners.
It was obvious that most members of the committee did not like the idea that
people could be elected to office with less than a majority of the vote. The
change would allow that if there were three or more candidates for a seat, then
there would be a primary election that would move the top two vote getters to
the general election thereby making certain that the individual elected in the
general election would be elected by a majority vote. This method is consistent
with most jurisdictions in the State of Florida and was the earlier method in
Atlantic Beach elections until it was changed not so long ago.
#2 PROPOSAL The City should expand the size of the Commission to seven with
two at large seats elected citywide and each district (precinct) seat to be elected
only by the voters in that specific district (precinct).
There has been criticism of the current system that only has a geographical
residency requirement for district seats but still the vote is citywide. The
Committee had previously heard public input regarding the merits of having
district seats elected by district electors vs. at -large and concluded
unanimously to keep at -large voting. Certainly, that is not true district
representation. This would allow the people in each district to elect their
representative. Adding two at large seats, which would be elected by all the
voters in the city, would allow candidates from anywhere in the City to run for
those seats. Having citywide seats should enhance focus on citywide issues
and balance the potential provincial focus by district commissioners. The
terms of the at large commissioners would be staggered still allowing for a
majority on the commission being elected every two years. This could also
encourage more people to run for office with citywide offices available for any
legitimate candidate to run.
#3 PROPOSAL The restriction on the Commission is strengthened in the event
the Commission wishes to sell or otherwise dispose of park property.
It further requires that in addition to a unanimous vote of the Commission to
dispose of such property, it requires that if there is a unanimous vote by the
Commission, a referendum to allow the citizens to vote on the said disposal
shall be placed on the ballot.
#4 PROPOSAL Remove the second Monday in November as the date newly
elected commissioner assume office and add that newly elected city
commissioners assume the duties of the office at the next regularly scheduled
meeting of the City Commission following receipt of certified election results.
Additionally, end the practice of having both the old and new members of the
Commission meet at that meeting.
Because of the reality of timing of the certification by the Supervisor of
Elections office, there are times that the November date cannot be met. This
allows the swearing-in to be immediate at the next meeting after certification
which can be in December. Also, the practice of having the old and new
commissioners meet separately at that meeting is a tradition and not the norm
with other elections throughout the State. It is certainly not necessary, and
Atlantic Beach is probably the only city in Florida where that is practiced.
#5 PROPOSAL The City Commission shall establish clear rules and processes
through ordinance to appoint an administrative officer of the City...
The Committee thought that instead of us establishing a suggested procedure
and process in the Charter it would be better to have the Commission be
required to adopt and maintain an ordinance that would provide for clear rules
to appoint a city manager. It was obvious to the committee that this was needed
and absent in either ordinance or Charter. By simply requiring an ordinance to
establish rules, once in place, it would allow the Commission to modify and
amend it as needed.
#6 through #11 PROPOSALS
#6 PROPOSAL
Requires a candidate for office to live in Atlantic Beach and be an elector and
resident for four years prior to qualifying for office. This expanded #10 Proposal
which was voted on several months earlier.
#7 PROPOSALS (two were tied)
(1) One proposal talks about the district representation established in 2007
and a desire for the districts to be populated as equally as possible and
represent integrity of neighborhoods and communities of interest. Considering
Proposal #2, and a suggestion that the Commission might pass an ordinance
that would allow for a process every ten years at the census to balance district
populations, this proposal might be irrelevant.
(2) The second Proposal #7 related to environmental stewardship. This
proposal passed unanimously . The main -concern was not to content, which
is important, but whether or not such a statement should be contained in the
Charter and is it redundant.
#9 PROPOSAL
This would change the city clerk serving as supervisor of elections for City
elections to the elected supervisor of elections assuming that responsibility.
This is a corrective action suggested by the city clerk and she can further
explain.
#10 PROPOSAL
This would extend residency requirements from two years to four years. Since
it was passed two months prior to Proposal #6 and Proposal 6 is more detailed
on the same topic, one would think Proposal #6 would replace it if this topic
was placed on the ballot.
#11 PROPOSAL
This proposal struck down the three earlier motions that passed regarding the
removal of the city manager and leaves the current language in the Charter in
place.
There were some issues that we didn't act on or didn't pass when we did, that
we believe should be considered by this commission. For instance, the issue
of requiring the city manager to live in Atlantic Beach was a topic hotly debated.
While we did not take action, we think the Commission might deliberate on that
topic, particularly in light of the cost of residential property in Atlantic Beach.
The debate boiled down to considerations of proximity and community.
Another topic was commissioner pay. Many committee members felt it was too
low and possibly there should be some provision in Code or Charter to raise it
when appropriate. The committee debated adding a provision to the Charter
but in the end decided to simply make the Commission aware that we think it
should be addressed, perhaps by ordinance. A limited, comparative view of
council/commission pay in other cities tends to indicate our commissioners
are under paid. For instance, Palatka which is 3000 residents smaller than
Atlantic Beach, pays their council members $23,800. Perhaps a starting point
would be an independent review of comparable salaries and legislative
methods used by other cities to maintain reasonable and comparable pay.
Also, I believe some members of the committee think the process to name
people to future charter review committees might be better defined, not in the
Charter but possibly a simple, brief ordinance that better defines the
Commission's process.
ADDENDUM TO 2024 CHARTER REVIEW COMMITTEE REPORT
Below reflects additional proposed amendments that were addressed and
unanimously approved by the Committee at its final meeting held on April 24, 2024.
Since the priority -ranking exercise was completed prior their approval, they were not
prioritized.
ADDENDUM PROPOSAL 1.:
Change the word "November" to "December" in Sec. 14. Induction of city
commission into office; meetings of the city commission.; Sec. 40. — Elections:
Primary; and Sec. 41. — Elections: General
ADDENDUM PROPOSAL 2:
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}a maiorit of its members.
Sec. 30. Removal of the city clerk.
The city clerk shall serve at the pleasure of the city commission. The city
commission may remove the city clerk by the affirmative vote of not less than
{3) a majority of its members.
Sec. 32. Powers and duties.
The duties of the city attorney shall. include:
(1) Acting as the legal advisor to, and attorney and counselor for, the city and its
officers in matters relating to their official duties; and
(2) Preparing in writing, all contracts, bonds and other instruments in which the
city is concerned and giving an endorsement of approval as to form and
correctness; and
(3)
Prosecuting and defending for and on behalf of the city, all civil complaints,
suits and controversies in which the city is a party; and
(4) Furnishing opinions on questions of law relating to the powers and duties of
city officers; and
Performing such other duties as may be required by ordinance or resolution
of the city commission.
(6) The city attorney shall serve at the pleasure of the city commission. The city
commission may remove the city attorney by the affirmative vote of not less
than three (3) a majority of its members.
(5)
RESULTS FROM CRC MEMBER RANKINGS
(11 out of 13 members submitted)
4/19/2024
AMD #
Proposed Amendment/Motion
Priority
#1 ARTICLE II. - THE COMMISSION
Sec. 5. - Number of commissioners; selection; term.
Tied
for Upon further review of the 2007 Representation Study Committee
Report, I so move to continue district representation in Atlantic Beach
lthlgth
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.
#2 Sec. 5. - Number of commissioners; selection; term.
211d Add two at large Commissioners and allow the 4 district seats (Seats 2,
3, 4, & 5) to be voted on only by those electors of that particular
precinct (district). The Mayor and the other two commission seats
would be at large.
#3 Sec. 6. - Qualifications and disqualifications.
10th To extend residency requirement from two years to four years.
#4 Sec. 6. - Qualifications and disqualifications.
6th 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.
#5 Sec. 9. - Powers.
(14) Provide for the protection and preservation of parks as follows: Any real
3rd 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.
Change wording for #14 of the powers "is approved by unanimous
vote of the entire city commission." to "vote by referendum".
Meeting
Date
April 26,
2023
March
26, 2024
May 24,
2023
July 26,
2023
June 28,
2023
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#6
Tied
for
7th/gth
#7
5th
Sec. 9. - Powers.
Add "(15) Exercise any authority permitted by law for the protection Feb. 28,
and preservation of beaches, marshes, maritime tree canopy, and 2024
property+}through environmental stewardship, resilience, and
s &t &debility mea re ."
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 July 26,
City Manager is removed or incapacitated and unable to appoint a substitute 2023
as required in Sec. [Section] 24 of this Charter, the city commission shall
appoint someone to perform the duties of the city manager.
(Add language) The City Commission shall establish clear rules and
processes through ordinance to appoint an administrative officer of the
city...
#8 Sec. 25. - Removal of the city manager.
The city manage chull ccrvc at the pl surc of the city commix -Aon. The city
eamrsimian may rcmovc thc city manager by thc affirmative vote of not less
than three (3) of its members.
September 27. 2023
MOTION: The city mcnogor 3hc11 ccrvc at the pleasure of the city
eomn icrion. The city cornmickan may remove the city manager for any or
no reason by the affl- i' vc vote of not less than four (1) of its members.
December 18. 2023
MOTION: The city managor ahall ccrvc at thc pl asurc of the city
eamrsimian. The city corsmi. ion may rcmovc thc city n ancgcr for any or
no reason by the affimnc ve vote of not less than 75% of the votine
eammiianers.
February 28. 2024
MOTION: To rescind the previous recommended changes made to Sec. 25
and restore current language.
11th
February
28, 2024
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#9 ARTICLE IV. - THE CITY CLERK
9th Sec. 28. -Appointment; duties.
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 filing officer 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.
#10
4th
Change "Serve as supervisor of election for city elections" to "Serve as
filing officer for city elections"
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.
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.
Oct. 25,
2023
July 26,
2023
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#11 PACKAGE OF AMENDMENTS RELATING TO ADDING PRIMARY
ELECTIONS TO BE PRIORITIZED TOGETHER:
1st
February 28. 2024
MOTION: Approve Option B (agenda pages 13-17) - election language
consistent with Jacksonville Beach and Neptune Beach, to which there is a
primary only if there are more than two candidates.
Sec. 12. - Vacancies in the city commission.
If any vacancy occurs in the city commission, the city commission shall
elect, within fifteen (15) days of the vacancy, by the affirmative votes of not
less than three members, an eligible person as defined in Sec. [Section] 6 of
this article to fill the vacancy until the next primary or general election, as
applicable.
Sec. 14. - Induction of city commission into office; meetings of the city commission.
After each primary election or general election (as applicable), 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.
Sec. 39. - Nominations.
Any elector of the city having the additional qualifications and limitations as
set forth in Article II, Section 6, may be nominated for a seat in the city
commission. Such nomination shall be only by petition. A petition for this
purpose shall be signed by not less than twenty-five (25) qualified electors
of the city. The signatures on the nominating petition need not all be
subscribed on one paper. Each separate paper shall have affixed a signed
statement of the circulator thereof stating the number of signers of such
paper and that each signature appended thereto was made in the presence
of the circulator and is the genuine signature of the person whose name it
purports to be. Each signer, including the circulator, shall provide his/her
place of residence, including the street and number. The form of the
nomination petition shall be substantially as follows:
"We, the undersigned electors of the City of Atlantic Beach hereby nominate
whose residence is for the office of Commissioner, Seat No.
Feb. 28,
2024
and
March
27, 2024
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to be voted for at the election to be held on the day of
A.D., and we individually certify that our names appear on the rolls of
registered voters, and that we are qualified to vote for a candidate for the
city commission.
Name, street, and number address from which last date of registered
(if different) signing.
(Spaces for signatures and required date)
STATEMENT OF CIRCULATOR
The undersigned is the circulator of the foregoing paper containing
signatures. Each signature appended thereto was made in my
presence and is the genuine signature of the person whose name it
purports to be.
SIGNATURE OF CIRCULATOR
ADDRESS:
Any signature made earlier than forty (40) days prior to the first day
of qualifying shall be void. All petitions must be filed with the city clerk no
later than 10 days prior to the qualifying period. The qualifying period will
begin no later than noon on the 71st day (Monday) prior to the general
primary election and will end at noon on the 67th day (Friday) prior the
general primary election, as set forth in Section 99.061(21. Florida Statutes.
All other qualifying papers shall be filed as one instrument with the city
clerk during the qualifying period. The city clerk shall make a record of the
exact time at which each petition is filed, and shall take and preserve the
name and address of the person by whom it is filed. No nominating petition
shall be accepted unless accompanied by a signed acceptance of the
nomination in substantially the following form:
"ACCEPTANCE OF NOMINATION
I hereby accept the nomination for Seat No. on the city
commission and agree to serve if elected.
SIGNATURE OF CANDIDATE "
Within two days after the filing of a nominating petition, the city clerk shall
notify the candidate and the person who filed the petition whether or not it
is found to be signed by the required number of qualified electors. If a
petition is found insufficient, the city clerk shall return it immediately to the
person who filed it with a statement certifying wherein the petition is found
insufficient. Within the regular time for filing petitions, such a petition may
be amended and filed again as a new petition, in which case the time of the
first filing shall be disregarded in determining the validity of signatures
thereon, or a different petition may be filed for the same candidate. The
petition of each person nominated to be a member of the city commission
shall be preserved by the city clerk until the expiration of the term of office
for which the candidate has been nominated.
Sec. 40. - Elections:
Primary. There are no primary elections for any seat on the City
1✓ommic�ian of the City of Atlantic Beach. When more than two (21,
candidates are running for the same elective office. the primary election
shall be held only for the municipal offices that have more than two
candidates running for the same seat. Such nrimary election shall be set in
accordance with Section 100.061. Florida Statutes for that year for each seat
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on the city commission which shall become vacant on the second Monday in
November of the same year. or when the newly elected city commissioners
assume the duties of office in accordance with Sec. 14 of this Charter. If at
the primary election. a candidate receives a majority of all votes cast. he or
she shall be declared elected of office and his or her name shall not be
placed on the ballot in the general election. In the event that a candidate
does not receive a majority of all the votes cast in the primary election. then
the names of the candidates placing first and second shall be placed on the
ballot in the general election.
Sec. 41. - Elections: General.
Beginning with the year 2019 next election after adoption:
A regular or general election of candidates or nominees to the office of city
e3mmif,\giaftoJhGll be held every cvm numbered year on the same day as
Florida's General Election When two f21 candidates are running for the
same elective office, the general election shall be set according to Section
100.031. Florida Statutes for that year for each seat on the city commission
which shall become vacant on the second Monday in November of the same
year, or when the newly elected city commissioners assume the duties of
office in accordance with Sec. 14 of this Charter. The candidate or nominee
receiving the plurality majority of votes cast for each seat at such general
election shall be declared elected. In the event of a tie between two
candidates in the general election the candidates shall draw lots in
accordance with Florida Statutes to determine the winner.
MARCH 27, 2024
MOTION: Accept proposed changes in Section 81 as presented.
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 general municipal election ballot.
The City Commission shall appoint the Charter Review Committee in
JGnu ry February 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
general 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
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matter directly connected therewith. The City Commission may by
resolution ordinance place such amendments or revisions as approved by
the Charter Review Committee on the next regular general 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 general 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.
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