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09-11-14 Agenda Packet CITY OF ATLANTIC BEACH CHARTER REVIEW COMMITTEE MEETING September 11 , 2014 — 5 : 00 PM AGENDA Call to Order 1 . Approval of Minutes from the August 21 , 2014 Charter Review Committee Meeting. 2. Unfinished Business from Previous Meetings A. Proposed Amendments- Sections 22 and 24. 3. Discussion 4. Miscellaneous Business A. Letter from Michael Hoffmann 5. Next Meeting Date : September 25, 2014 at 5 : 00 p.m. 6. Courtesy of the Floor to Visitors Adjourn In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5 : 00 PM, Tuesday, August 5 , 2014. Minutes Charter Review Committee Meeting August 21 , 2014 City Hall, 800 Seminole Road In Attendance : Committee Members Staff Members Don Wolfson, Chairman City Manager Nelson Van Liere Mark Tomaski, Vice Chairman City Attorney Richard Komando Joan Carver, Secretary City Clerk Donna Bartle Sally Clemens Judith Leroux David Vincent Absent Katherine Carithers Tom Goodrich Call to Order Chairman Don Wolfson called the eighth meeting of the Charter Review Committee (CRC) to order at 5 : 00 p .m. on August 21, 2014. Approval of Minutes Mr. Borno moved the approval of the minutes of the meeting of August 7, 2014. The motion was seconded by Dr. Tomaski and approved. Unfinished Business Art. II. Sec. 16. Chairman Wolfson stated that City Attorney Komando had drafted two proposed amendments based on the CRCs discussion at the prior meeting and at the committee' s request. The first of the proposed revisions, suggested by Ms . Carithers, is of Article II, Sec. 16 . Rules of Procedure; minutes of meetings. The City Commission shall determine its own rules and order of business. It shall require that minutes of its proceedings to be kept. The minutes shall be open and remotely available to the public in a timely manner, through commonly accepted methods. Ms . Clemens asked for the meaning of remotely in this context. Chairman Wolfson stated that it means that the minutes can be accessed from outside locations, for example by computer, smart phone, or in future a new technology. With no further discussion approval of the amendment was moved by Mr. Borno, seconded by Mr. Vincent, and passed unanimously. Draft Minutes of the Charter Review Committee meeting of August 21, 2014 Page 1 of 4 Discussion Art. III. Sec 22 (1) There was discussion of the educational requirement that applicants for the position of city manager hold at least a "baccalaureate degree in Public Administration or a directly related field from a college or university . . . ." (Art. III, Sec. 22 . (1)) . Ms. Clemens stressed that the degree should be from an accredited college. Dr. Carver stated that she did not believe a degree in public administration was critical and noted that some reputable institutions do not offer public administration degrees. Ms. Clemens liked the fact that public administration is a degree directly related to the work. Dr. Tomaski stated that degrees are becoming broader. Most employers are looking for a degree combined with computer science. Mr. Borno stated that he thinks we are doing the city a disservice to strike public administration. In his involvement with the Florida League of Cities over a number of years, he could not recall any city managers that did not have a public administration degree. In his opinion a city manager needs to have a broad overview of the city operations. Mr. Vincent suggested as a compromise "public administration or another degree declared appropriate by the commission." City Attorney Komando suggested the word preferably. Both Chairman Wolfson and Mayor Borno stressed that the educational requirement must be combined with relevant experience. Mr. Borno moved and Dr. Tomaski seconded the motion that Art. III, Sec. 22 . (1) be amended to read : Possession of at least a baccalaureate degree, preferably in Public Administration or a directly related field from a college or university accredited by a recognized accreditation agency in the United States or from a recognized college or university outside the United States, which is acceptable to the city commission; and Art. III. Sec. 22 (2 ) The second proposed amendment submitted by City Attorney Komando was of Article III, Sec. 22 . relating to the experience required for the city manager. There was brief discussion of the needed experience. Dr. Carver suggested adding state to the governmental entities listed . There was general agreement that state experience would be relevant. Mr. Borno expressed the view that three years experience was too little. City Attorney Komando pointed out this was a minimum requirement. Mr. Borno moved and Mr. Vincent seconded the motion that Art. III, Sec. 22 , (2 ) be amended to read " Not less than three (3) years of experience as a city, municipal, county or state government administrator serving in at least a department head or the equivalent in responsibility. The motion passed unanimously. Art. III. Sec. 22 (4) There was discussion of the Charter provision providing that two years of experience acceptable to the city commission may be substituted for each year of education towards a baccalaureate degree. Dr. Tomaski and Ms . Clemens both indicated that they had problems with the substitution of years of experience for years of higher education. City Attorney Komando stated that this was a typical qualification when this provision was written since fewer people had college degrees then. Mr. Vincent stated that he sees the provision as a way for the city commission to open the competition to friends and neighbors . Ms . Leroux stated that she was 75 percent in favor of striking the provision. Asked about his opinion of the provision City Manager Van Liere noted that it might open the way to hire an Draft Minutes of the Charter Review Committee meeting of August 21, 2014 Page 2 of 4 unqualified person. Chairman Wolfson noted that earning a degree takes perseverance and managing a city, which is not easy, also requires perseverance. There was a consensus to strike this provision. Sally Clemens moved, and Mr. Borno seconded the motion to strike provision four in Article III, Sec. 22 allowing substitution of work experience for the baccalaureate degree. The motion was approved unanimously. Art. III. Sec. 22 (2) Ms . Clemens stated that it should be clear that applicants must meet both the education and experience qualifications specified in the Charter. To ensure that this is the case Ms. Clemens moved that the words "and/or" be added to Art. H . Sec. 22 . (2 ) . Mr. Borno seconded the motion and it passed. Art. III. Sec. 22 . Qualifications Ms . Leroux raised the charter provision in Sec. 22 stating that the city manager should reside in Atlantic Beach during the tenure of office. Chairman Wolfson suggested that the provision might require the manager to live in Atlantic Beach within thirty days of being hired. City Manager Van Liere stated that assuming he was easily available, he saw an advantage to not living in the city because that enables him to be impartial on issues that might divide the different parts of the community. He stated that not living in Atlantic Beach but close by he drives through the city and may see things he would miss as a resident. He also noted that selling a home and finding a new one could be costly and time consuming. Mr. Borno stated that any requirement on residency should be broad since the number of rental units and houses for sale in Atlantic Beach is limited. He suggested 24 months as the time limit to move to Atlantic Beach. Chairman Wolfson suggested requiring the city manager to live within a twelve (12) mile radius of the city of Atlantic Beach within thirty (30) days of appointment. Chairman Wolfson asked City Attorney Komando to draft language on residency for the CRC' s consideration at the September 11th meeting. Art. III. Sec. 23 . Powers and Duties. No comments or recommendations . Art. III . Sec. 24. Absence of the City Manager. There was a brief discussion about what occurs when the city manager is absent. City Manager Van Liere stated that even when on vacation he is in contact with city hall. Chairman Wolfson pointed to a potential problem if the city manager were incapacitated. The provision calls for designation of an administrative officer by the city manager or the deputy city manager but the city has no deputy city manager. Chairman Wolfson suggested adding city commission to the appointers . Mr. Borno raised the possibility that the city commission would have to be convened simply because the city manager was out of town. Ms. Leroux asked if the city commission role should be limited to a long-term absence by the city manager. City Attorney Komando stated that you could never assume the city manager has designated his authority. Ms. Clemens moved to amend the provision by adding after city manager "or the city commission. Mr. Borno seconded the motion and it was approved. Draft Minutes of the Charter Review Committee meeting of August 21, 2014 Page 3 of 4 Art. III Sec. 25 ? Review of the City Manager. Chairman Wolfson recommended a new section 25 providing for a formal review of the city manager to be conducted annually in public but without public input. He pointed out that what has happened over recent years is that the city manager has not been evaluated in public and the commissioners cannot discuss his performance privately because of the sunshine law. He noted that when he was mayor the other commissioners had no way of knowing his concerns regarding the city manager. Chairman Wolfson stated that he did not include public input because he did not want the review to turn into a vendetta. He believes that the evaluation of the city manager is a city commission responsibility and that the citizens should understand any concerns the commission has regarding the manager. Mr. Borno stated that if the commission is doing its job, there are on-going discussions and responses regarding any concerns between the city manager and the commission. He stated that he had been taught that you praise in public and criticize in private. He noted that when he was in office the city manager asked each commissioner for a review of his performance and met with each one. Chairman Wolfson stated that he was talking about the annual review. He emphasized the importance of openness and of avoiding the appearance of an " old boys network." He believes such a review could help keep the city manager on track. Any complaints the city commission is receiving could be shared with the city manager. City Attorney Komando stated that he was not sure that the public could be excluded from comment. He pointed out that the open review has the potential for embarrassment. Ms. Clemens stated that she did not want the public excluded. Dr. Tomaski stated that as a citizen, he had found the former manager disinterested. In his opinion it was the belief of citizens that the manager did not take account of their input that caused them to vote out some commissioners . Dr. Tomaski noted that he evaluates his employees annually and they have an opportunity to evaluate him. Chairman Wolfson stated that the committee would return to the topic of evaluation of the city manager at the September 11 meeting of the CRC . Courtesy of the Floor to Visitors Chris Jorgensen, 92 West Third Street, expressed concern about the passage of the Human Rights Ordinance with one commissioner absent, seeing it as an abuse of power. Chairman Wolfson pointed out that his concern was a policy matter so it should be directed to the city commission. Chairman Wolfson thanked Mr. Jorgensen for his attendance at the CRC's meetings. With no further business Mr. Borno moved for adjournment, Ms . Clemens seconded the motion and it passed . The meeting adjourned at 7 : 05 p.m. Don Wolfson, Chairman Draft Minutes of the Charter Review Committee meeting of August 21, 2014 Page 4 of 4 Proposed Amendments (Rich Komando) : Article III, Sec . 22 Qualifications . The city manager shall be chosen by the city commission solely on the basis of administrative qualifications and with special reference to education and experience in and knowledge of accepted practice with respect to the duties of this office as set forth hereinafter and in the city code. Applicants for the position of city manager shall meet the following educational and experience requirements : ( 1 ) Possession of at least a baccalaureate degree, preferably in Public Administration or a directly related field from a college or university accredited by a recognized accreditation agency in the United States or from a recognized college or university outside of the United States, which is acceptable to the city commission; and (2) Not less than three (3 ) years of administrative experience as a city, municipal, er-county or state government administrator serving in at least a department head or the equivalent in responsibility; and / or chief administrative or executive officer or as an assistant or deputy city manager. (3 ) A graduate degree acceptable to the city commission may be substituted for not more than one year of the required experience. (1 ) Two yciars of additional experience acceptable to the city commission may be substituted for each year of education towards a baccalaureate degree, up to a maximum of eight years. At the time of appointment, the new city manager need not be a resident of the city or state, but ag within thirty (30) days following the tenure beginning of the city manager' s appointment he of office shall reside within a twelve ( 12) mile radius of the city of Atlantic Beach . Sec . 24 . Absence of the city manager. The duties of the city manager during any temporary absence or disability shall be carried out by a deputy city manager, or in the absence of the latter, by another administrative officer of the city designated first, by the city manager or second, by the city commission the deputy city manager. 8/20/14 Members of the CRC, I have been unable to attend most meetings of the CRC, but I have been reading the minutes and would like to make a few comments . First, I have been a long-time advocate of single-member districts . As I told the CRC at an earlier meeting, which is reflected in the minutes, I supported the compromise that came out of the earlier citizens review committee that recommended a residency requirement. This left intact at-large elections . My support was based on two things : the natural tendency on the part of the majority in AB to be opposed to change, and my belief that the main problem with at-large elections -- even with a residency requirement — would be made clear in the elections to follow. The main problem, Commissioners who fail to win a majority in their own at-large district, asserted itself immediately . My own Commissioner has been holding a seat for two terms without winning a majority of the votes in the district where he resides — even when he ran as an incumbent. Vote dilution is the description for what occurs in my district, that is, the votes from outside our district have determined the Commissioner not the voters within the district. It cannot be said that we have representation as a consequence of elections as long as at- large elections are the law. Second, I support a two-year term for the Mayor. Electing a Mayor to office every two years by an at-large election means the Mayor is closer to the concerns of the present majority. If AB were to have four single-member districts, the Mayor would function as the tie-breaker. Third, the idea of adding three more at-large seats will have the effect of continuing the practice of vote dilution, and it will have a negative effect on voters from the west side of AB who will always be out-voted as long as city elections are held in off years and during general elections . Fourth, I favor a referendum before city property can be sold or re-purposed. This is especially important as vote dilution continues . Michael Hoffmann 176 Camelia St. Atlantic Beach, FL 32233 246-9370 -31}-vt. (1\ a-cf._ ( 4-1,fryast1/4