09-25-14 CRC Minutes v Minutes
Charter Review Committee Meeting
September 25, 2014
City Hall, 800 Seminole Road
In Attendance:
Committee Members Staff
Don Wolfson, Chairman City Manager Nelson Van Liere
Mark Tomaski,Vice Chairman City Attorney Richard Komando
Joan Carver, Secretary City Clerk Donna Bartle
Mike Borno
Katherine Carithers
Sally Clemens
David Vincent
Absent
Tom Goodrich
Judith Leroux
Call to Order
Chairman Don Wolfson called the tenth meeting of the Charter Review Committee (CRC) to
order at 5:10 p.m. on September 11, 2014.
Approval of Minutes
Chairman Wolfson asked if there were corrections or changes to the minutes of September
25, 2014. Hearing none, Mr. Vincent moved the approval of the minutes, Ms. Carithers
seconded the motion and it was approved.
Unfinished Business
IV. The City Clerk.
Sec.28 Appointment; duties
The Charter Review committee returned to the discussion of the duties of the city clerk
begun at the September 11 meeting. Ms. Carithers raised a question about number five of
the duties, "Serve as supervisor of election for city elections," suggesting this provision is in
conflict with the duties of the Duval County Supervisor of Elections. At Chairman Wolfson's
request City Clerk Bartle stated that among her duties was preparation of a calendar,
keeping up with the relevant laws, providing information to citizens and serving on the
canvassing board.
City Attorney Komando stated that under the state's home rule provisions the city has the
power to run its own elections.
Ms. Carithers stated that she was concerned with the title that seems to conflict with Jerry
Holland's title as Supervisor of Elections. Dr. Carver suggested rewording number five to
emphasize the duty not the title, such as "supervises city elections." City Attorney Komando
asked that the issue be postponed to the next meeting so he can check on state
requirements regarding local elections. Chairman Wolfson stated that he did not see this as
a problem.
Ms. Carithers stated that she also had concerns regarding the composition of the
Canvassing Board that she will raise when the committee discusses that subject.
Discussion. IV. The City Clerk.
Sec. 29. Qualifications
The CRC reviewed the qualifications for the position of city clerk. Dr. Carver suggested that
the word preferably be inserted after baccalaureate in item one, a baccalaureate in
Business Administration.
Mr. Vincent asked whether the committee wished to continue to allow experience to
substitute for a baccalaureate degree as provided in item three of Sec. 29.
Chairman Wolfson pointed out that City Clerk Bartle had qualified under items 2 and 3
based on experience. He pointed out that she had a wealth of invaluable experience from
working under the prior city clerk. Mr. Borno stated that she provided needed continuity.
Chairman Wolfson stated that the position should be reviewed annually. Ms. Clemens
suggested that the requirement of a review should be put in the contract. She stated that in
the past there had been a public review and then it shifted to a private review. She
suggested consideration be given to a quarterly review provided by each of the
commissioners.
Chairman Wolfson said an annual public review would not be designed to embarrass the
city official being evaluated but to bring the commission together.
Chairman Wolfson asked City Clerk Bartle to provide copies of the contracts of the city
manager, city attorney and city clerk for the members of the CRC to review.
Mr. Borno moved the approval of the qualifications for the clerk specified in Section
29 with the addition of the word preferably after baccalaureate to read: "At least a
Minutes of the Charter Review Committee meeting of September 25, 2014
baccalaureate preferably in business administration...." Ms. Clemens seconded the
motion and it was approved without dissent.
Sec. 30. Removal of the city clerk.
Ms. Clemens recommended that four votes be required to remove the city clerk. Chairman
Wolfson stated that the current requirement of three votes has worked in the past. In
response to a question from Dr. Carver, City Attorney Komando indicated that a simple
majority was the usual practice.
Article V. City Attorney
Sec. 31.Appointment and Qualifications
Dr. Tomaski asked City Attorney Komando whether the City of Atlantic Beach was
contracting with him as an individual or with his law firm. City Attorney Komando stated
that the contract was with the firm.
Chairman Wolfson moved that the words "which may be a law firm" be inserted after
...shall appoint a city attorney. Mr. Borno seconded the motion and it passed. The
sentence will then read: The city commission shall appoint a city attorney, which
may be a law firm, with at least five years of experience in the practice of general,
civil or municipal law, admitted in and having authority to practice in all courts of
this state, and who shall be compensated at a rate set by the city commission.
Sec. 32. Powers and Duties
The question was raised whether the charter should specify that the city attorney works
for the city commission. Mr. Borno raised the question whether the attorney works for the
city commission and for the employees.
City Attorney Komando stated that he interpreted the statutes to mean the city commission
and upper management.
Ms. Carithers asked whether city officials who the city attorney might advise were defined.
City Manager Van Liere stated that employees are supposed to talk to him about issues that
come up.
Ms. Carithers asked City Attorney Komando if the city commission wanted to fire the city
manager and the manager talks to you does that pose a conflict for you. Mr. Komando
stated that he would have to deal with the situation when it came up. He noted that there
was a potential for conflict; for example it would be a conflict if the manager asked him if he
could save the manager's job.
City Attorney Komando noted that there is no removal provision for the city attorney.
Chairman Wolfson stated the removal provision had been removed at some prior time and
he believes it should be put back in. It is a reminder that the primary responsibility of the
city attorney is to the city commission.
Minutes of the Charter Review Committee meeting of September 25, 2014
Chairman Wolfson moved that a new section be added to Article V for the removal of
the city attorney following the language used for the city manager. Mr. Borno
seconded the motion and it passed. The new provision would read: The city attorney
shall serve at the pleasure of the city commission. The city commission may remove
the city attorney by the affirmative vote of not less than three (3) of its members.
Article VI. Department of Public Safety
Ms. Clemens stated that she thinks that when the charter refers to particular ordinances,
the content of those ordinances should be included so the public has the information
without having to access the codes themselves.
City Attorney Komando stated that his concern was what happens when there is no
director of public safety.
City Manager Van Liere stated that he had planned to combine the positions of director of
public safety and chief of police prior to the recent resignation of the chief of police.
Dr. Tomaski stated that this is an important position. He stated the people he talks to have
a lot of ideas: should it be elective rather than appointive; should it be a different position
altogether. Dr. Carver stated that she felt an elective director of public safety or police chief
was not a good idea. First, it could lead to selection on the basis of campaign skills rather
than professional qualifications. Second, it removes an important area of city government
from the authority of the city manager, yet the manager has overall responsibility for the
community.
While in the past David Thompson was both director of public safety and police chief,
under the current ordinance the city manager is the director of public safety and appoints
the police chief. The city manager also has the authority to appoint someone to serve as
director of public safety. The appointment needs the approval of the city commission.
Chairman Wolfson stated that what occurred with the recently resigned police chief was
that he was hired as a captain but was the heir apparent when the vacancy in the chief's
position occurred. Dr. Tomaski expressed concern that he was selected from approximately
100 candidates when he had previously lived within seven miles of the former home of the
city manager. Chairman Wolfson asked whether this was a charter issue and if there was
language that would prevent problems in the selection process.
Dr. Tomaski asked how temporary appointments are handled. City Attorney Komando
stated that the city manager makes the appointment and it is approved by the city
commission.
Chairman Wolfson stated that during the appointment process there are tools for the
public to look into issues. If the city manager recommends someone, it is an agenda item.
Citizens can look into someone's background and raise questions with the city commission,
He stated that it is incumbent on the city commission to do due diligence in approving an
appointment. That is where the responsibility rests.
Minutes of the Charter Review Committee meeting of September 25, 2014
Dr. Tomaski raised the question of whether citizens could be involved in the selection
process for the police chief. City Attorney Komando stated that he had never seen that level
of citizen input.
Ms. Carithers pointed out the citizens could have input on the selection of a police chief at a
public meeting. Several committee members pointed out that Atlantic Beach citizens are
not reluctant to put forward their opinions.
Mr. Borno suggested removal of fire chief from this provision since Atlantic Beach no
longer has a fire department. City Attorney Komando stated that the term might be better
left in the article in the event Atlantic Beach decided in future to assume responsibility
again for fire protection.
No Change recommended in Article VI. Sec. 33.
Article VII. Budget
Sec. 34. Preparation and Adoption.
No change.
Article VIII. Department of Finance
Sec. 35. Director of finance.
No change.
Article IX. Elections.
Sec. 36. Elections.
No change.
Sec. 37. Nonpartisan Elections.
No change.
Sec. 38. Electors; registration.
No change.
Mr. Vincent notes that Mr. Mayhew had made suggestions in writing. Chairman Wolfson
pointed out that he suggested earlier that committee members bring up any of the
suggestion they wish to discuss at the time that topic is being considered.
Chairman Wolfson said that under old business the CRC would review the contracts of the
city manager, city clerk and city attorney at the next meeting.
City Attorney Komando stated that at the next meeting the CRC would need to discuss the
report to the City Commission on the CRC's work to this point.
Minutes of the Charter Review Committee meeting of September 25, 2014
Courtesy of the Floor
Chris Jorgensen, 92 West Third Street, pointed out that the provisions in the Atlantic Beach
charter for a referendum are more limiting than those of neighboring communities with a
deadline of 20 days and at least 25 per cent of registered voters.
Adjournment of the meeting was moved by Mr. Borno, seconded by Mr. Vincent and passed.
Don Wolfson, Chairman / •�►�
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Minutes of the Charter Review Committee meeting of September 25, 2014