CRC Report 1993SUMMARY OF RECOMMENDATIONS REGARDING CHARTER REVISION
Suggestion: Draft preamble stating the Charter is to be read in
conjunction with Florida Statutes Chapter 166.
ARTICLE I.
INCORPORATION; FORM OF GOVERNMENT; POWERS
Section 1.
Section
PRESENT MUNICIPAL CORPORATION OF CITY OF ATLANTIC
BEACH ABOLISHED. Leave as is
. INCORPORATION OF CITY OF ATLANTIC BEACH; (ANNEXATIONS)
Leave as is
FORM OF GOVERNMENT - Leave as is
GENERAL POWERS - It was agreed to leave this section
as is for now and to revisit it later.
THE COMMISSION
Section 3.
Section 4.
ARTICLE II.
Section
Section
5. NUMBER; SELECTION; TERM - This section had recently
been changed by referendum and the wording will be
changed when the next code supplement is received.
6. QUALIFICATIONS AND DISQUALIFICATIONS - Freeholder
requirement now unconstitutional and should be deleted.
Mr. Dorsey agreed to draft new language for this
section. Define full time resident.
Section 7.
Section 8.
Section
SALARY - Revise to refer solely to Ordinance No.
5-83-9
PRESIDING OFFICER: MAYOR - No change recommended.
9. POWERS - (9) Delete reference to municipal court;
(14) Delete municipal judge and municipal prosecutor,
leave city manager, attorney, city clerk, and all
others. (Primary)
Section 10. APPOINTMENT OF CITY MANAGER
Section 11.
Section
- no changes recommended.
REMOVAL OF CITY MANAGER - Revision recommended to
correct gender; address question of contract and
termination (Primary)
12. VACANCIES IN THE CITY COMMISSION - Revise,
particularly in regards to the definition of "eligible
person," (refer to Section 6) ; Passage of Ordinance 33-
93-5 should also be reflected here (Primary)
Section 13. CREATION OF NEW DEPARTMENTS OR OFFICES; CHANGE OF
DUTIES - No changes recommended.
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Section 14. INDUCTION OF CITY COMMISSION INTO OFFICE, MEETINGS OF
THE CITY COMMISSION - Revision recommended to provide
that induction into office would be at the first
regular meeting of the city commission in November.
(Primary)
Section 15. CITY COMMISSION TO BE JUDGE OF QUALIFICATIONS OF ITS
MEMBERS - Revision recommended, refer to Section 6.
(Primary)
Section 16. RULES OF PROCEDURE; JOURNAL OF MINUTES - No changes
recommended.
Section 17 - 23 ORDINANCES - Rewrite Sections 17 - 23 to
delineate the procedure for passage of ordinances and
emergency ordinances. Adopt Section 17 from the old
Charter but amend the enacting clause to read "BE IT
ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH."
Section 24. INDEPENDENT ANNUAL AUDIT - No changes recommended.
ARTICLE III. THE CITY MANAGER
Section 25. QUALIFICATIONS - Revision (Primary)
Section 26. POWERS AND DUTIES - Consider moving some of this
information to City Code Chapter 2, Administration
(Secondary)
Section 27. ABSENCE OF THE CITY MANAGER - Revise - Should there
be any mention of a deputy city manager; if
not, identify administrative officer
(Primary)
Section 28. ADMINISTRATIVE DEPARTMENTS - Revise. (Suggest:
"There may be such departments as are established by
ordinance) (Tertiary)
Section 29. DIRECTORS OF DEPARTMENTS - Revision (Secondary)
Section 30. DEPARTMENTAL DIVISIONS - Possibly delete (Tertiary)
ARTICLE IV. CITY COMPTROLLER, CITY CLERK, CITY TREASURER, AND CITY
TAX ASSESSOR - Revise Title
Section 31. CITY CLERK - Rewrite - address gender, define more
specifically the responsibilities of City Clerk,
include supervisor of elections, custodian of records
(Primary)
Section 32. CITY COMPTROLLER - Leave as is
Section 33. CITY TAX ASSESSOR - Delete
Section 34. CITY TREASURER - Leave as is
ARTICLE V. DEPARTMENT OF PUBLIC SAFETY
Revise old Police/Fire Departments (Primary)
ARTICLE VI. BUDGET
Revise by addition. (Primary) Selectively adopt
items from pages 19-22 of the old Charter.
ARTICLE VII. DEPARTMENT OF FINANCE
Revise (Primary)
ARTICLE VIII. DEPARTMENT OF PERSONNEL
Leave as is.
ARTICLE IX. ELECTIONS
Section 78. ELECTIONS - The first sentence should be amended to
add "or state law" after the word "Charter."
Section 79. ELECTORS - Amend by adding F.S. 166.032 as follows:
"Any person who is qualified to register to vote and
is a resident of Atlantic Beach, who has qualified as
an elector of this state, and who registers in the
manner prescribed by general law and ordinance of
Atlantic Beach, shall be a qualified elector."
Section 80. REGISTRATION OF VOTERS - Change title to "Registration
of Electors." The text of Section 80 shall read as
follows: " Registration of electors shall be in
accordance with F.S. Chapter 98."
Section 81. NOMINATIONS - The first paragraph of Section 81 was
revised to read substantially as follows: "Any
elector of the city having the additional
qualifications and limitations as set forth in Article
II, Section 6, may be nominated for the commission.
Such nomination shall be only by petition. A petition
for this purpose shall be signed by not less than ten
qualified electors. 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
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Section 82.
Section
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 or other
information sufficient to identify the residence."
ELECTIONS:
PRIMARY - Leave as is.
83. ELECTIONS: GENERAL - The first sentence of this
section was amended to read as follows: "A regular or
general election of candidates or nominees to the
office of city commissioner shall be held every two
years on the third Tuesday in October, unless all
vacancies have been determined by the primary election
in accordance with Section 82 of this Charter."
Section 84.
Section
Section
ELECTIONS: WRITING IN OF CANDIDATES - Delete
85. ABSENTEE VOTING - Leave as is. It was consensus that
the type of terminology in this section should be used
in those sections where text has been deleted as being
superseded by Florida Statutes.
86. ELECTIONS: GOVERNED BY STATE LAW OR ORDINANCE - Leave
as is.
Section 87.
ARTICLE X.
ELECTIONS: CANVASS OF RETURNS - Language in this
section could be clarified to indicate that the city
clerk shall transmit the election returns to the city
commission at its next regularly scheduled meeting at
which time the city commission will declare the result
of the election. This seems to be the intent of this
section; however, in the past the results of the
election have been declared on the evening of the
election at a meeting of the city commission following
the canvassing of the votes.
INITIATIVE AND REFERENDUM
Section
88. POWER OF INITIATIVE -
Section 89.
Section
Section
No change
POWER OF REFERENDUM - Rewrite (Primary)
90. FORM OF PETITIONS, COMMITTEE OF PETITIONERS -
(Primary)
Rewrite
91. FILING, EXAMINATION AND CERTIFICATION OF PETITIONS -
Rewrite to clarify the meaning of "insufficient."
(Primary)
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Section 92. AMENDMENT OF PETITIONS - Rewrite to clarify
"insufficiency" and to clarify the type of amendments
which would be permitted.
Section 93. EFFECT OF CERTIFICATION OF REFERENDUM PETITION -
Rewrite to conform to the amended version of Section
92 (Primary)
Section 94. CONSIDERATION BY COMMISSION - Rewrite (Primary). The
last three lines of the paragraph seem to address a
different matter from that of the first five lines.
Section 95. SUBMISSION TO ELECTORS - Rewrite (Primary)
Section 96. FORM OF BALLOT FOR INITIATED OR REFERRED ORDINANCES -
Rewrite to eliminate the use of paper ballots
(Primary).
Section 97. AVAILABILITY OF LIST OF QUALIFIED ELECTORS - Rewrite
to indicate lists of qualified electors are available
through the office of the Supervisor of Elections for
Duval County and the cost of lists, labels, etc. shall
be at the discretion of that office.
Section 98. RESULTS OF ELECTION - Rewrite (Primary). Section 98
seems to indicate that conflicting ordinances could
appear on the same ballot.
Section 99. REPEALING ORDINANCES; POSTING - Rewrite (Primary).
Committee felt commission should not have power to
amend or repeal ordinances that had been approved by
electors by initiative or referendum.
ARTICLE XI. RECALL
Change editor's note to indicate that recall
procedures will follow those procedures as prescribed
by F.S. 100.361
ARTICLE XII. FRANCHISES
Leave as is.
ARTICLE XIII. TAX ADMINISTRATION
Rewrite - Tax Administration to be in accordance with
F.S. 193.116 or as otherwise provided for in Chapter
20 of the Code of Ordinances.
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ARTICLE XIV. ZONING
Rewrite editor's note. Zoning regulations will be as
provided in Chapter 24 of the Code of Ordinances
ARTICLE XV. ISSUANCE OF BONDS
Rewrite to include summary of provisions of F.S. 166.
Change title to "Municipal Borrowing."
ARTICLE XVI. MUNICIPAL COURT AND DEPARTMENT OF LAW
Delete Section 151 - 157
Section 158. CITY ATTORNEY: APPOINTMENT AND QUALIFICATIONS -
Relocate sections 158 and 159 and include with other
city departments.
Section 159. SALARIES OF COURT OFFICIALS AND CITY ATTORNEY - Delete
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
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
6
Section
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)
167. OFFICIAL BONDS - Leave as is
Section 168. OATH OF OFFICE - Leave as is
Section
Section
Section
Section
Section
Section
Section
Section
Section
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."
170. PUBLISHING - Leave as is
171. RIGHTS OF OFFICERS AND EMPLOYEES PRESERVED - Rewrite
to simplify
172. CONTINUANCE OF PRESENT OFFICERS - Rewrite, specify
administrative officers, e.g. City Manager, City
Clerk, Deputy City Manager, Department Heads; add
agent
173. TRANSFER OF RECORDS AND PROPERTY - Rewrite to add
agent; in second sentence change "another" to "any
other" to be consistent.
174. TITLE OF PROPERTY RESERVED TO NEW MUNICIPALITY -
Confirm that "choses in action" is correct -
(Note: This appears to be correct; definition
attached)
175. CONTINUITY OF OFFICES, BOARDS, COMMISSIONS OR AGENCIES
- Add agent; see if language could be simplified
176. CONTINUANCE OF CONTRACTS AND PUBLIC IMPROVEMENTS -
fourth line: change "may" to "shall"; delete "as
nearly as practicable"
177. PENDING ACTIONS AND PROCEEDINGS - Add agent;
simplify
In
revise to
178. EXISTING ORDINANCES - Revise to include Resolutions
Section 179.
Section 180.
SHORT TITLE - Correct grammar: Add the word "as"
after "known"
SEPARABILITY CLAUSE - Separability or severability?
Which is proper?
Section 181.
ARTICLE XIX.
CHARTER ELECTION - Revise to comply with date of 1993
city election (October 5)
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
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