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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 Prepared by Donna Bartle Page 1 of 7 #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 Prepared by Donna Bartle Page 2 of 7 #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 Prepared by Donna Bartle Page 3 of 7 #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 Prepared by Donna Bartle Page 4 of 7 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 Prepared by Donna Bartle Page 5 of 7 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 Prepared by Donna Bartle Page 6 of 7 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. Prepared by Donna Bartle Page 7 of 7