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07-8-14 COAB Charter and Ordinances email from Bill Mayhew COAB Charter and Ordnances 29 Jan, 2014 This is a very brief overview of selected parts of the city charter and ordnances along with some observations and recommendations. Charter Art. I- Sec. 3- Form of Govn. This is a tough one, the City Manager (CM) form that we have or a Mayoral form where mayor would be full time manager. Both have equally severe weaknesses. After a CM stays around too long, he/she gets too much power. Knowledge is power as is the ability to overly control people (employees), and to control the flow of information. On the other hand it is all too easy to elect a mayor that is quite incompetent. Thus I would recommend keeping the current form and finding ways to create checks and balances that are needed in any form of government. One way would be to have Human Resources (HR) report directly to the city council as does the city clerk and city attorney. This could of course create potential conflicts, but the CM and line managers could still direct operations and do performance reviews, recommend salary adjustments, and recommend terminations. HR would control the basic HR functions such as job descriptions, employment qualifications, and would have to concur on terminations. HR would also control salary ranges and be in charge of compensation surveys, etc. Having the CM control such items gives the power to manipulate the system to favor individual employees based on the CM’s personal desires. The CM and other managers could of course make recommendations and would serve to balance the power of HR. Any un-resolvable disputes would be referred to the council. We would need a strong HR person and clear definitions of lines of authority. Art. II- Number of Commissioners. Go to 6 commissioners, 4 by geographical distribution and 2 at large, plus a mayor; or alternatively, 5 by territory, 1 at large, plus a mayor; or 6 by territory plus a mayor. Let commissioners and mayor both have 4 year terms, but limit total time in office to 12 years. Mayor would vote only in case of ties and he/she would have veto power. (Since 4 of 6 would still be able to over-ride a veto it is more of an appearance thing that would give the elected commissioners the opportunity to re-think their vote.) Sec.9 (3)- As to appointment of committees, drop “as recommended by mayor.” Sec. 10- Remove restrictions of letting commissioners serve as CM. Change title of City Clerk to “Executive Assistant to the City Council”, and remove the qualifications for the job. Sec. 12- Change 3 to 4 for number of commissioners. (Change everywhere it occurs) Sec. 19- Require outside city accountants and lawyers functions be re-bid every 4 years. Art. III- City Manager Sec. 22- Qualifications- Eliminate all qualifications. Why would commissioners want to limit their choices? Surely they would be intelligent enough to give credit for meaningful prior experience and relevant education. Art. IV- City Clerk- Change title to “Executive Assistant to the City Council”. This would give more recognition of the independence of the position from the CM. Sec 29- Eliminate qualifications. See above. Art. V- City Attorney- Bid out job every 4 years and require firm to be outside beaches area. We are such a small community this would lessen the possibility of undue local influences on the function. Art. VI- Public Safety- (get someone more knowledgeable than me to review this.) Art. VII- Budget- Require simplified budget that separates capital expenditures from operating ones. Require that initial budget be prepared by CFO and submitted to CM with drafts sent to elected officials and be open to public review. Any changes from the original proposal would also be distributed to elected officials. Keep the elected officials informed as to what is going on. Art. VIII- CM to get approval from Council on hiring decision. Art. IX- Sec. 39- Elections- Nomination by petition, change number of Electors from 10 to 250. Sec. 40- Primary Would need to be adjusted to accommodate 6 elected officials with 4 year terms, rotating every 2 years, plus a mayor with a 4 year term. Art. XIV- Zoning- Get other to review. Require vote of citizens to change 35 ft. limit if not already so. Art. XVII- General and Misc. Sec. 62- CM would have to get ok of HR to fire someone. Sec. 64- Investigations- Too broad. Should require approval of CM and HR, or elected officials. Sec. 66- Personal Interest- Needs to be expanded beyond monetary to include other conflicts. Other Recommendations: Managers and department heads (Management) cannot be part Union benefits plans. (This would not prohibit them from having the same or better benefits, only not being tied to union negotiations.) All hiring of Management to be approved by the city council. No defined benefits plans permitted. Require an outside operational audit every 10 years and have auditors from outside the Jacksonville/Beaches area reporting directly to the city council. Require a review of the charter and code shortly after the operational audit every 10 yrs Require all positions reporting to the city council have a written performance evaluation annually. Code of Ordinances: General: All ordinances should have a brief, brief summary of the intent and requirements of the ordinance. Some are so long and detailed that they are almost incomprehensible. Most of these ordinances are so detailed they need careful study by others more technically qualified than myself. Chapt. 1-5 (6) Why should officers and employees salaries be saved from repeal? Chapt. 3-9 Why limit alcoholic beverages to 4 festivals a year? Chapt. 4 Citizens not subject to home owners associations rules should be permitted to have a few chickens unless they become a nuisance. Chapt. 16-4 Some provision needs to be made for the city or the contracted trash people to pick up piles of trash in medians. I am told that this is not the city’s responsibility. Chapt. 22 Stormwater. Some areas still have no storm water systems. Hopefully this matter is on the drawing board. Chapt. 23 Trees. This whole thing needs much study and simplification.