CRC Minutes 4-5-93 v MINUTES OF THE MEETING OF THE CHARTER REVISION COMMITTEE HELD IN
THE CONFERENCE ROOM, CITY HALL, 800 SEMINOLE ROAD, AT 7:00 PM ON
MONDAY, APRIL 5, 1993
The meeting was called to order by Co-Chairman Ray Salman. The
following committee members were present: Ray Salman, Ruth Gregg,
Dorothy Kerber, Bob Cook, and Maureen King. Committee members
absent were Adelaide Tucker who was ill, and Bill Dorsey, Gregg
McCaulie, and Mark Popp.
On motion made by Dorothy Kerber, seconded by Bob Cook, the minutes
of the meeting of March 15, 1993, were unanimously approved.
Brief discussion ensued regarding the meeting times and it was
agreed meetings would start promptly at 7:00 PM. Absences of
members were also discussed and it was felt it was important for
members who would be absent from any meeting to notify the City
Clerk so that it could be determined before the meeting that a
quorum would be present. Following this discussion Dorothy Kerber
made the following motion: "After notice of the meetings is
received by committee members, as a courtesy to other members,
please advise the City Clerk by no later than 4:00 PM on the day of
the meeting if you will be unable to attend. If you can' t attend
further meetings, please advise the chairman. " The motion was
seconded by Bob Cook and was unanimously approved.
Discussion then ensued regarding the Charter, with discussion
commencing with Section 160. Recommendations were as follows:
ARTICLE XVII . SUITS AGAINST THE CITY
Section 160. SUITS - Rewrite first paragraph to make it more
intelligible. Paragraph 2: City Manager to file report with City
Clerk to be presented to the City Commission at the next meeting,
whether regular or special . Should there be any polling of City
Commission or should a special called meeting be scheduled to deal
with an emergency situation?
ARTICLE XVIII . GENERAL AND MISCELLANEOUS PROVISIONS
Section 161 . REMOVAL OF OFFICERS AND EMPLOYEES - Compare with
personnel handbook
Section 162. REMOVAL OF MEMBERS OF BOARDS, COMMISSIONS OR AGENCIES
- Change title and broaden representation; add agent, committee or
task force
Section 163. RIGHT OF CITY MANAGER AND OTHER OFFICERS IN
COMMISSION - Leave as is
Section 164. INVESTIGATIONS - Question regarding who would levy
fines or penalties; Rewrite to include agent
Page Two
Charter Revision Committee
Minutes - April 5, 1993
Section 165. PUBLICITY OF RECORDS - Rewrite to refer to public
records law
Section 166. PERSONAL INTEREST - Rewrite to include department
heads. Suggested language (partial ) : "Any willful violation of
this section by an officer of the city shall constitute malfeasance
in office and any officer of the city found guilty thereof shall
forfeit his office or position; any willful violation of this
section by a department head shall be considered improper conduct
and shall ( indicate penalty)
Section 167. OFFICIAL BONDS - Leave as is
Section 168. OATH OF OFFICE - Leave as is
Section 169 . EFFECT OF THIS CHARTER ON EXISTING LAWS - Rewrite to
simplify language, e.g. "All ordinances or resolutions which are in
force when this Charter shall take affect shall be repealed. "
Section 170. PUBLISHING - Leave as is
Section 171 . RIGHTS OF OFFICERS AND EMPLOYEES PRESERVED - Rewrite
to simplify
Section 172. CONTINUANCE OF PRESENT OFFICERS - Rewrite, specify
administrative officers, e.g. City Manager, City Clerk, Deputy City
Manager, Department Heads; add agent
Section 173. TRANSFER OF RECORDS AND PROPERTY - Rewrite to add
agent; in second sentence change "another" to "any other" to be
consistent.
Section 174. TITLE OF PROPERTY RESERVED TO NEW MUNICIPALITY -
Confirm that "choses in action" is correct
(Note: This appears to be correct; definition attached )
Section 175. CONTINUITY OF OFFICES, BOARDS, COMMISSIONS OR
AGENCIES - Add agent; see if language could be simplified
Section 176. CONTINUANCE OF CONTRACTS AND PUBLIC IMPROVEMENTS - In
fourth line: change "may" to "shall" ; delete "as nearly as
practicable"
Section 177 . PENDING ACTIONS AND PROCEEDINGS - Add agent; revise
to simplify
Section 178. EXISTING ORDINANCES - Revise to include Resolutions
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Charter Revision Committee
Minutes - April 5, 1993
Section 179 . SHORT TITLE - Correct grammar: Add the word "as"
after "known"
Section 180. SEPARABILITY CLAUSE - Separability or severability?
Which is proper?
Section 181 . CHARTER ELECTION - Revise to comply with date of 1993
city election (October 5 )
ARTICLE XIX. WHEN ACT TAKES EFFECT
Section 182. EFFECTIVE DATE OF ACT - New charter should become
effective at the conclusion of the meeting for the installation of
the new City Commissioners
Section 183. REPEAL OF CONFLICTING LAWS - Leave as is
* * * * * * * * *
Following review of all sections of the Charter, discussion ensued
regarding rewriting and it was agreed each member should
participate in the rewriting. Sections for rewriting were
allocated as follows:
Bob Cook Sec. 1 - 4 ( Pages 2 - 4. 1 )
William J. Dorsey Sec. 5 - 14 ( Pages 5 - 7 )
Adelaide Tucker &
Ray Salman Sec. 15 - 34 ( Pages 8 - 11 )
Ruth Gregg Article V - IX ( Pages 11 - 14. 1 )
Dorothy Kerber Article X ( Pages 15 - 17 )
Maureen King Article XI - XVII ( Pages 17 - 23
Gregg McCaulie Article XVIII - Sec. 175 ( Pages 23 - 26 )
Mark Popp Sec. 176 - end ( Pages 27 - 28 )
The importance of the assignments was stressed and it was agreed it
was imperative that the sections be rewritten in a timely manner so
the committee could make any revisions it deemed necessary before
forwarding the finished document to the City Commission. Discussion
ensued and it was agreed committee members could consult with each
other or work together; however, the sections must be rewritten by
the next committee meeting which was scheduled for 7 :00 PM on May
3, 1993.
Page Four
Charter Revision Committee
Minutes - April 5, 1993
Following further discussion Bob Cook moved to request that any
committee member who feels he/she cannot complete the assignment
within the allotted time to return the Charter documents (red
binder) immediately along with his/her resignation from the
committee. The motion was seconded by Dorothy Kerber and was
unanimously approved.
There being no further discussion, the meeting was adjourned at
9 : 10 PM.
Maureen King
City Clerk