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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. 1 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 3 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) 4 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. 5 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 8