charter workshop

8/14/2019 Charter Workshop

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August 7, 2009CITY COUNCILCHARTER REVIEW WORKSHOPTUESDAY, AUGUST 11,2009,9:00 A.M.HAGLER MASON CONFERENCE ROOMSECOND FLOOR. CITY HALL

Michael C. Wiggins, MayorJewel Cannada-Wynn, Deputy MayorMaren DeWeeseSam HallJohn JerraldsLarry B. JohnsonDiane MackMegan B. PrattRonald P. TownsendP. C. Wu

1. Introduction and Remarks - Michael C .W iggins, Mayor*2. Presentation by Marilyn Cro tty, Directorof the John Scott Dailey Florida Institute

of Government at the University ofCen tral Florida and Executive Director ofthe Tri-County Leag ue of C ities3 . Review of Charter Review CommissionRecommendation Report

"PRESENTATION

If any person decides to appeal any decision made with respect to any matter considered at such meeting, he willneed a record of the proceedings, and that for such purpose he may need to ensure that a verbatim record of theproceedings is made which record includes the testimony and evidence upon which the appeal is to be based.The City of Pensacola adheres to the Americans with Disabilities Act and will make reasonable accommodationsfor access to city services, programs, and activities. Please call 435-1606 (or TDD 435-1666) for furtherinformation. Requests must be made at least 48 hours in advance of the event in order to allow the city time toprovide the requested services.


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CITY COUNCIL MEMORANDUMFOR INFORMATION

TO: Mayor and City CouncilFROM:DATE: August 11, 2009SUBJECT: City of Pensacola Proposed Charter

Attached as information for City Council in conducting the workshop on proposedchanges to the City of Pensacola Charter are comments and questions submitted by CityCouncil and various individuals and organizations within the community (Attachment 1).The com ments/questions have been inserted, unchanged, under the section of the proposedcharter to which they apply. No commentslquestions have been incorporated that were notsubmitted in writing.

Finally, as a means of providing City Council background information on forms ofgovernment and city charters, Marilyn Crotty, Director of the John Scott Dailey FloridaInstitute of Government at the University of Central Florida will be present as a subjectmatter expert (biography attached - Attachment 2).


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Attachment 1

CITY OF PENSACOLACHARTER

AS APPROVED BY THECHARTER REVIEW COMMISSION

ON JULY 8,2009


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C H A R T E R FOR THE C I T Y OF P E N S A C O L ATABLE OF CONTENTS

Preamble

,Irticle IGeneral Powers of the City

Section 1.01.General Powers and Corporate Existence.Section 1.02.~on~truction.Section 1.03. Intergovernmental Relations.

Article I1Corporate Boundaries

Section 2.01. Corporate Boundaries..Article 111

Elected City PositionsSection 3.01. Form of Government .Section 3.02. Election and Terms.Section 3.03. Limitations of Terms for Mayor and Council Members; Effective Date.

(a) Mayor.@) City Council Members.

Article IVMayor and City Council

Section 1.01. Mayor.(a) Powers and Duties.@) Vacancy.

(c) Secdon Compensation.4.02. City Council.

(a) Powers and Duties.@) Vacancies.

(c) Secdon Compensation.4.03. City Council Procedures.

(a) Meetings.@) Rules and Minutes.(c) Voting and Quorum,(d) Veto Override, General.

(.) Veto Override, Budget.(0 President, Vice President of City Council.Section 4.04. Prohibitions.

(a) Appointment and Removal.@) Interference with Administration.(c) Holding other Office.


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Article VAppointed City Positions

Section 5,01. City Clerk.Section 5.02. City Administrator.Section 5.03. City Attorney.Section 5.04. Departments .

Section 5.05. City Boards, Commissions and Cornrmttees.(a) Establishment.@) Membership and Removal.

Article VIElections

Section 6.01. Nonpartisan Elections.Section 6.02. Electors.Section 6.03. Qualifications, Eligbhty , and Fh ng Fee.

(a) Qualifications and Eligibhty.@) Fh ng Fee.Section 6.04. Elections Procedures.

(a) General and Primary Elections.(b) Appointments by Supervisor of Elections.(c) Notice of Elections.(d) On e Candidate.(e) Canvassing Board .(1) Ballots.

Section 6.05. Candidate Qualifying Oath.(a) Qualifying Oath or Affirmation.@) Form.

Section 6.06. Alternative to Qualifying Fee.(a) Petition Process.@) Petition Forms.(c) Valid Signatures.(d) Verifying Names.

Section 6.07. Commencement of Term of Office.Section 6.08. Council Districts.

(a) Number of Districts.@) Redistricting.(c) Report Specifications.


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Section 7.01.Section 7.02.Section 7.03.Section 7.04.Section 7.05.

(4@)( 4( 4Section 7.06.

Section 7.07.( 4@I

( c ) Section7.08.

(4(b)

Article VIIRecall, Initiative, and Referendum

Recall.Power of Initiative.Power of Referendum.Commencement of Proceedings.Initiative or Referendum Petitions.N u m b e r a n d S i g n a t u r e s .Form and Content.Affidavit of Circulator.Filing Deadhne.Verification of Petitions.Action on Petitions.Xction by City Cound.submission to Electors.\Vithdrawal of Petitions.Election Results.Initiative.Referendum.

Article VIIISchedule

Section 8.01. Effective Date.Section 8.02. Ordinances Preserved.Section 8.03. Repeal of Former Charter Provisions.Section 8.04. Precedence over Code Provisions.Section 8.05. Officers and Employees.Section 8.06. Existing figh ts, Obligations, Duties and Relationships.

(a) Continuity.(b) Obligations.(c) Other Government Units.(d) Commencement of Terms for Year 2010 Elections.Section 8.07. Transition.

Section 9.01.(a)@>( 4( 4( 4(9(9

Article IXCharter Review and Charter Amendments

Charter Review CommissionCharter Review Commission Established.Composition.Procedures.Rules and Compensation.Expenses.Review.Report and Process.


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Section 9.02. Charter Amendments.(a) Initiation by Orchance.@) Initiation by Petition.(c) Consistency.

Article XMiscellaneous

Section 10.01. Code o f Ethlcs.Section 10.02. Non&scrimination.Section 10.03 Severability.


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CHARTER FOR THE CITY OFPENSACOLA


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PREAMBLEWe the people of the City of Pensacola, under the Constitution and laws of the State of Florida,

in order to secure the benefits of local self-government and to provide for an honest and accountableMayor-Council government, do hereby adopt this chartcr and confer upon the City the followingpowers, subject to the following restrictions, and prescribed by the following procedures andgovernmental structure. By thls action, we secure the benefits of home rule and affirm the values ofrepresentative democracy, professional management, strong political leadership, citizenparticipation, and regional cooperation.

Suggested language cha nge :". in order to secure the benefits of local self-government andto provide for accountable and effective qoverna nce, do hereby establish a Ma yor-Councilgovernment and confer upon the City.. "A City the size of Pensacola does not need a strong M ayor type of Governmen t.. someonewho can hire and fire at will regardless of how long a person has been in a ob or ifsomeone desires that job. (the current employee) ca n be fired to hire a friend.

ARTICLE IGENERAL POWERS OF THE CITY

Section 1.01. General Powers and Corporate Existence.The City of Pensacola ("City"), located in Escambia County, Florida, shall have all

governmental, corporate, and proprietary powers to enable it to conduct municipal government, performmunicipal functions and render municipal services, and may exercise any power for municipalpurposes exceptm\vhenexpressly prohibited by law.Section 1.02. Construction.

The powers of the City under thls Charter shall be construed liberally in favor of the City, andthe specific mention of particular powers in the Charter shall not be construed as h t i n g in any waythe general power granted In this Article.Section 1.03. Intergovernmental Relations.

The City may participate by contract or otherwise with any governmental entity of the Stateof Florida or any other state or states or the United States of America in the performance of anyactivity which one or more of such entities has the authority to undertake.

ARTICLE I1CORPORATE BOUNDARIES

Section 2.01. Corporate Boundaries.The corporate boundanes of the City of Pensacola shall remain fued and established as they

exist on the date thls Charter takes effect, provided that the City shall have the power to change itsboundaries in the manner prescribed by 1aw.ARTICLEI11ELECTED CITY POSITIONS


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Section 3.01. Form of Government.The City shall have a hlayor-Council form of government. There shall be a City Council,

which shall be the governing body of the City with all legislative powers of the City vested therein,consisting of seven (7) Council members, one (1) to be elected from each of the seven (7)election districts of the City. There shall also be a Mayor who is elected at large and who shallnot be a member of City Council.Section 3.02. Election and Terms.

The nonpartisan primary and general election of the Council Members and the Mayor shallbe held in the manner provided in Article VI of this Charter and the terms of office for Mayor andCouncil Members shall be four (4) years andd ommence on the fourth Tuesday in November afterhis or her election at 12 o'clock noon.

The base year for elections for Council Members for districts 2 , 4 and 6 and the Mayor shallbe 2010, and shall be for a four-year term. The base year for elections for Council Members fordsu-icts 1, 3, 5, and 7 shall be 2012 and shall be for a four-year term. These base year dates areestablished only for the purpose of scheduling elections and staggering terms, and do not impact theterm h t equirements of Section 3.03. Council Members for districts 1, 3, 5, and 7 elected in 2010shall serve a two-year term. Full terms served by the Mayor or a Council Member immediatelyprecedng the base year dates shall no t be counted in applying Section 3.03.

Concern about greatly extending term limits, arguably rendering them largelyillusory. Also, "full terms" could create confusion because different length termsare referred to in the sectio n.Section 3.03. Limitations of Terms for Mayor and Council Members; Effective Date.

(a) Mayor. No person shall be elected to serve as Mayor for more than three consecutive termson and after the general election in November 2010.

(6) City Council Mem bers. No person shall be elected to serve as a Council Member fordistricts 1,3,5, and 7 for more than three consecutive terms on and after the general election inNovember 2010. No person shall be elected to serve as a Council Member for dstricts 2,4 and6for more than three consecutive terms on and after the general electionin November 2012.

Agree with the term limits, but eight instead of twelve, as a person c an get toopowerful after being in office that long.

ARTICLE IVMAYOR AND CITY COUNCIL

Section4.01. Mayor.(4 Powers and Duties. The major, who shall serve in a full-time capacity, andshall exemplify good citizenship and exhibit a cooperative spirit, shall have the following powers and

duties:

Do we ne ed to define the term "full-time" in regards to the Ma yor?


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(1) T o exercise the executive powers o f the City and supervise all departments.(2) To enforce the charter and ordmances of the City and all applicable County, State,

or federal general laws, special laws o r ordtnances.

(3) To present recommendations to the City Co und on the requirements of itsmunicipal government.

Mayor. (4)To appoint a City Admis tr ator , who shall serve at the pleasure of the

Add: ". with the consent of the C ity Council by an affirmative vote of amajority of City Council members. "City Administrator - no professional qualifications or salary formulaincluded, despite issues.

(5) To appoint a City Attorney, with the consent of the City Council by anaffirmative vote of a majority of City Council members, and who shall serve at the pleasure of theMayor.

Rega rding the City Attorney, he or she must be answ erable to both the Mayorand the City Council, or City Co uncil must have its own attorney wh o serves a1the pleasure o f the CouncilCity Attorney - no professional qu alifications or salary formu la included, despiteissues. Compare with current qualifications in ord~ na nce(6 ) T o appoint the head of each department, with the consent of the City Council by

an affirmative vote of a majority of City Council members.The Mayor's appointme nt of department heads requires cou ncil approval but theMayor can dismiss at any time without council approval. Please explain.Com pare with present power of City Manager. Presents accountability issue.Discuss imp lications of 'fjust cause. "

(7) To suspend, reduce or remove a department head for just cause without theconsent of City Council members.Com pare with present power of City Manager. Presents accountability issue.Discuss implications of 'fjust cause. "(8) To prepare and subrmt the annual budget and capital program to the CityCouncil.

(9) T o exercise a veto power over ordinances or resolutions adopted by CityCouncil within t'ive (5) days of adoption by City Council, except the hlayor may not exercise vetopower over (i) an emergency ordinance as defined in Florida Statutes; (ii) those ordmances passed as aresult of quasi-judcial proceedmgs when such proceedtngs are mandated by law; and (iii) ordmancesproposing Charter amendments, whch the Council is required by law or by this Charter to place on the


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ballot. The hlayor may veto any " h e tem" in a budget or appropriation ordmance. If the total effect ofall vetoes of the Mayor would be to cause expenditures to exceed revenues as projected and containedin the adopted budget, then all vetoes of the hlayor with respect to h e tems of the budget shall benull and void, and all items vetoed by the Mayor shall remain in the budget. A veto may be overriddenonly by an affirmative vote of at least five (5) Council members.

Please explain the process whereby all the Mayor's vetoes becom e null and void ifany veto causes expend itures to exceed projected revenue.Unclear whether line item veto is subject to "with in 5 days of adoption o f anordinance " requirement Section 4.03 (e) may clarify.

(10) To attend all meetings of the City Council with authority to participate ind~scussions, ut without power to vote.

(11) To inquire into the conduct of any municipal office, department agency orofficer and investigate municipal affairs.

(12) T o submit to the City Council and make avatlable to the public a completereport of the finances and administrative activities of the City at the end of each fiscal year.

(13) To keep the Clty Council fully advised as to the financial condition and futureneeds of the City.

(14) To devote h s or her entire work time to the performance of the duties of themayor's office, and shall hold no other public office or public employment while mayor.

Why is public employment or office men tioned, but not private? Suggest clarifyingthat the mayor would be de voting full-time to the position by including privateemployment.(b) Vacancy.

(1) Vacancy caused by death, resignation, refusal of the Mayor to serve,removal, or for any other reason, shall be f i ed by the City Administrator as Acting Mayor, who shallserve unul a successor is appointed and sworn in. City Council shall f i he vacancy by a majorityvote, and such vacancy shall be filled within thirty (30) days after the vacancy occurs. Theappointed Mayor shall serve the unexpired term of the previous hlayor unless the unexpired term of theprevious Mayor is twenty-eight (28) months or longer. If the unexpired term is twenty-eight (28)months or longer, a person shall be elected at the next general election to fill the unexpired portionof such term.

Should a non-elected official (city mana ger) becom e the mayor if a vacancyoccurs. Possibly the president of the council should becom e mayor.Substitute "President of the Co uncil" for "th e City Administrator." One does notplace a city employee in such a position of powe r, not even for 30 days.Permits a non-elected, app ointed official to serve for more than two years as thenew stronger mayo r. Provision does not sufficiently provide for representativegovernment, especially given increased mayoral power.

The Mayor appointed by the Council must meet the qualifications for office


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as set forth in 6.03 of this Charter at the time of appointment.

@I Compensation. The salary compensation of the Mayor shall be set each year in theannual budget.

No salary formula.Section 4.02. City Council.

(a) Powers an d Duties. City Council members shall exemplifj good citizenship and exhibit acooperative spirit. The City Council shall have the following powers and duties:

(1) To legislate for the City by adopting ordmances and resolutions in the bestinterest of all citizens of the City.

(2) To adopt the annual budget and al l other appropriations necessary forefficient City government.

(3) To determine, consistent with this charter, the organization of the Citygovernment and the power and duties assigned to the various departments.

This power should be removed from City Cou ncil and granted to theMayor. A legislative body has no business determining the structure of anadministrative organization.Does this provision give the Coun cil more power than it currentlypossesses and at the expense of the executive branch?

(4) To inquire into the conduct of any municipal office, department, agency orofficer and to investigate municipal affairs, and for that purpose, may subpoena witnesses,admnister oaths and compel the production s f books, papers, or other evidence.

Please explain this section.This item should be deleted from the C harter. It is offensive and sets anunneed ed negative tone for the entire docume nt. In the rare instance wheresuch investigative action might be needed , the Mayor and/or the C ity Coun cilwould have sufficient recourse by virtue of their already enume rated powers.Wou ld this authorization be overly disruptive of orderly governm entalfunctions; would it permit the ma yor's authority to be undercut in a manne rthat precludes a ppropriate accoun tability?

(5) To override the mayor's veto of an ordnance or a resolution by an affirmative voteof at least five (5) Council members.

(b) Vacancies.(1) If a vacancy on the Council caused by death, resignation, refusal of anyCouncil Member to senTe, emoval of' an) Council Member, the moving of a Council Member from

the &strict from which the Council Member is elected, or for any other reason, the vacancy shall be


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filled for the unexpired term of the vacated seat by a majority vote of the remaining councilmembers, and such vacancies shall be filled within ten (10) days after the vacancy occurs. Theappointed Council Member shall sene the unexpired term of the previous Council Member unless theunexpired term of the previous Council is twenty-eight (28) months or longer. If the unexpiredterm is twenty-eight (28) months or longer, a person shall be elected at the next general election tofill the unexpired portion of such term.

Permits a non-elected, appointed official to serve for more than two years.Provision does not sufficiently provide for representative governme nt, especiallygiven increased council powe r. Also, wo rd "mem ber" needs to be added in thethird to last sentence.(2) The Council Member appointed by the Council must meet the qualifications foroffice as set forth in 6.03 of this Charter at the time of appointment.

( c ) Compensation. The salary compensation of Council members shall be set eachyear in the annual budget.

In addition to salary issue, need to explain and justify why not proposing thatmembers be full-time, as a number of persons have urged.Section 4.03. City Council Procedures.

(a) Meetings. The City Council shall meet regularly at least twice every month at suchtimes and places as the City Council may prescribe. Special meetings may be held on the call of theCity Council president or the bIayor or the City Administrator or a majority of the City CouncilMembers and, whenever practicable, upon no less than twelve (12) hours notice to each Council Memberand the public, or such shorter time as a majority of the City Council president, Mayor, CityAdministrator, or City Council deems necessary in the event of an emergency affecting life, safety,health, welfare, property or the public peace.

Meetings are sometimes held less frequently than twice a month.Delete "the City Administrator" from this paragraph. It is not appropriate for a cityemployee to command a meeting of an elected body.City Administrator should be permitted to call meetings only if serving as ActingMayor; otherwise, City Administrator works for the Mayor.

(b) Rules and Minutes. The City Council shall by ordinance determine its own rules ofprocedure and order of business, and shall keep minutes of its proceedngs that shall be open forpublic inspection. The City Council shall establish procedures for ma hn g copies of allresolutions, ordinances, and this Charter available to the public for inspection and for purchase at areasonable price. in conjunction with the requirements of Florida law.

Delete "by ordinance" from the first sentence. This is unduly burdensome andinflexible. The present system w hereby City Council sets procedures and order ofbusiness by simple motion and m ajority vote works quite well.(c) Voting and Quorum. Voting on ordmances and resolutions shall be by a roll call and shallbe recorded in the journal. A majonty of the existingmembership of City Councll shall constitute a

quorum; but a smaller number may adjourn from time to time and may compel the attendance of absentmembers m the manner and subject to the penalties prescribed by the rules of the City Council. No


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action of City Council except as otherwise provided in the precedmg sentence shall be valid or bindmgunless adopted by the affirmative vote of the majonty of a quorum present, except that if four (4) ormore Council Members are ineligible to vote on a particular item because State law reqwes the CouncilMembers to abstain &om voting, then the remaining Council Members may vote and approve the itemby unanimous vote.

(d) Veto Override, General The City Council may, by an affirmative vote of at least five(5) of the seven (7) City Council members , override the Mayor's veto o f an ordinance at anytime priorto midnight on the fourteenth day after the day the Mayor exercises the veto or prior to midnight on theday of the next City Council meeting after the exercise of the Mayoral veto, whichever last occurs.

If City Council overrides a veto, the ordinance shall be effective immediately o r asotherwise provided therein. If City Council fails to override a veto, the o rdna nce shall fail and beof no effect- Ordinances adopted by City Council shall be effective unless vetoed by the Mayorupon the expiration of the fifth business day after said adoption, or shall be effective upon such laterdate as may be provided therein. Th e Mayor may notify the City Council through written noticefiled with the City Clerk that he or she will not veto the ordinance, whereupon the ordinance maybecome effective prior to the sixth business day after adoption of said ordinance if the ordnanc e soprovides for such an earlier effective date.

(e) Veto Override, Budget. The City Council may, by an affirmative vote of at least five(5) of the seven (7) City Council members, override the Mayor's line item of a portion of a budgetor appropriate ordmance veto at any time prior to midnight on the fourteenth day after the day theMayor exercises the veto or prior to midnight on the day of the next City Council meeting afterthe exercise of the Mayoral line item veto, whichever last occurs. If the total effect of all actions takento override the vetoes of the Mayor would be to cause espendtures to exceed revenues as projectedand contained In the adopted budget, then all actions to override the Mayor's vetoes with respectto line items of the budget shall be null and void and all items vetoed by the Mayor shall remainstricken from the budget.

If City Council overrides a h e tem veto of a portion of a budget or appropriation ordnance,the line item shall be effective immediately or as otherwise provided in the ordinance. If City Councilfails to override a line item veto, the item vetoed shall fail and be of no effect. Budget or appropriationordmances adopted by City Council shall be effective except for such portions thereof as have beenvetoed by the Mayor upon the expiration of the fifth business day after said adoption, or shall beeffective upon such later date as may be provided therein. The Mayor may notify the City Councilthrough written notice fiied with the City Clerk that he or she will not line item veto any pomon of suchordinance, whereupon the ordinance, as adopted, may become effective prior to the sixth business dayafter adoption of said ordinance if the ordinance so provides for such an earlier effective date.

0 President, Vice President of City Council.The City Council shall elect one of itsmembers as president and another as vice president on the fourth Tuesday in November of eachyear. The City Council may remove the City Council president or vice president by anaffirmative vote of at least four (4) City Council members. In the event of vacancy in the office ofpresident or vice president, the City Council shall elect one of its members to fill the remainingterm of the vacant position. The president shall preside at the meetings of the City Council and in hisor her absence, the vice president shall preside. The president shall perform the duties consistentwith the office and as otherwise imposed by the City Council.

Section 4.04. Prohibitions.


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(a) Appointment and Removal. No lndtvidual City Council member shall in any mannerdictate the appointment or removal of any admmstrative officer or employee whom the Mayor isempowered to appoint, except as provided elsewhere in this Charter. The City Council may,however, express its views and fully and freely discuss any and all matters with the Mayorpertaining to the appointment and removal of City officers and employees.

Penalties neede d.Substitute: "...whom the Mayor is empow ered to employ." City employees are notappointed; they are employed. The distinction is important.Delete "except as provided elsewhere in this Ch arter," to coincide w ith therecomm ended deletion of paragraph (4 ) of Section 4.02(a).

(b) Interference with Administration. Except for the purpose of inquiries andinvestigations made in good faith, the City Council or Council Members shall deal with the Cityofficers and employees, who are subject to the duection and supervision of the Mayor, solely throughthe Mayor. Neither the City Council nor Council Members shall give orders to any such officer oremployee, either publicly or privately. It is the express intent of thls Charter that recommendations forimprovement of municipal governmental operations by ind~vidualCouncil hlembers be made solely toand through the Mayor.

(c) Holding other Office. No elected City official shall hold any appointive.Cityoffice, City board membership, or City employment while in office, except as may be provided byState law. No former elected City official shall hold any compensated appointive City office until oneyear after having last served as an elected official.

ARTICLE VAPPOINTED CITY POSITIONS

Section 5.01. City Clerk.There shall be a City Cle'rk who shall be appointed by the hlayor with the consent of the City

Council by an affmative vote of a majority of Council Members, and whose dutles andresponsibhties are as provided for by this Charter. Although an employee of the Mayor, the Clerkshall serve the entire City government. Th e Clerk shall keep and have the care and custody ofthe books, records, papers, legal documents and journals of proceedmgs of the City Council andshall carry out such additional duties as may be required by the Council or the Mayor.Section 5.02. City Administrator.

The Clty A h s t r a t o r shall be in charge of the dd y operations of the City. Prior toappointment by the Mayor, the City Administrator shall have had relevant management,executive, or administrative experience in municipal government. The City Administrator must bea resident of the City, or establish residency within six months of appointment.

Add languag e stating requirements for professional qua lifications andcertifications.


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Insufficient qualifications included. Recom mend that "residency" be changed to"be a resident elector or become a resident e lector of the City within six monthsof appointm ent" to help avoid situation of an individual living outside the City, butable to claim residency. Note: resident electors required in 5.05(b).Section 5.03. City Attorney.

The City Attorney shall serve as the chief legal adviser to, and shall represent, elected orappointed officials, boards and commissions, and employees in the course and scope of theirofficial duties or employment, respectively. The City Attorney shall represent the City in alllegal proceedngs and shall perform any other duties prescribed by State law, by this Charter, or byordmance. The City Attorney must be a resident of the City, or establish residency w i h n six monthsof appointment. T he Mayor shall appoint the City Attorney, with the consent of the City Council byan affirmative vote of a majority of City Council members, who shall serve at the pleasure of theMayor.

Once again, the City Attorney sho uld also be answerable to the City Council, notjust the Mayor, or the City Coun cil must have access to a separate Cou ncilAttorney who is answerable to the Council.Sam e residency concern as for Section 5.02 as noted above. Also, service atthe pleasure of the M ayor will increase likelihood of giving political opinions,instead of legal opinions. Rem oval with consent of Council whom City Attorneyalso would serve would mitigate this concern. Also, appropriate professionalqualifications and sa lary formula not included.

Section 5.04. Departments.Any person designated as a head of a department must be a resident of the City, or establish

residency w i h ix months of appointment. The City Council shall determine, consistent withh s Charter, the organization of the City government and, by ordmance, prescribe the duties andresponsibhties assigned to the various departments .

Definition of department head is needed and residency requirements areexcessive.This section should be deleted in its entirety. The question of the residencyof department head s should be addressed in C ouncil policies, if so desire d,and not in the Charter.Sam e residency concern (as noted for Sections 5.02 and 5.03). Whyundercut authority and accountability of Mayor in this manne r?

Section 5.05. City Boards, Commissions and Committees.

(a) Establishment. City Council shall establish or terminate by ordnance, such boards,commissions an d committees as it may deem advisable from time to time. Th e boards,commissions and committees shall report t o the City Council.

This section seems to authorize the creation of comm ittees which have beenrecommended to be abolished as frustrating representative government andefficient governm ent. Wh y?


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(5) Membership and Removal. All members of appointive o r elective boards,commissions and committees must be resident electors of the City, unless otherwise provided by Floridaor federal law.X board member may be removed for just cause, after notice and public hearing, uponan affirmative vote of at least five (5) Council Members. Membership is automatically Korfeited ifthe board member is absent three (3) times during a calendar year, if the board regularly meets nomore frequently than once monthly, or six (6) times during a calendar year, if the board regularlymeets twice monthly.

Attendance requirements may be too strict.This paragraph should be deleted in its entirely from the Charter and therecomm ended provisions co nsidered instead for inclusion in Council policies.Recom mend inclusion of a new Section 5.05(c) Resign to Run provision, inaccordance with Florida Statute Section 99.012(6), to provide orde rly transitions,and to balance the power of incumbency.

ARTICLE VIE L E C T I O N SSection 6.01. Nonpartisan Electio ns.

All nominations and elections for the offices of Mayor and City Council member shall beconducted on a nonpartisan basis.

Policy ustification?Section 6.02. Electors.

Any person who is a resident of the City, is a qualified Florida elector, and who has beenasslgned a voter regstradon number by the County Supervisor of Elections to vote in a City precinctshall be an elector of the City.

Section 6.03. Qualifications, Eligibility, and Filing Fee.(a) Qualifications and Eligibility. Any person who is a resident of the City, has

qualified as a Florida elector, and has been assigned a voter regstration number by the countysupervisor of elections to vote in a City precinct not less than one par prior to the end of thequahfication period, shall be an elector of the City who shall be eligble to run for the office of Mayor,while a canldate for City Council must have been a resident of the declared district for at least oneyear prior to the end of the qualification period. If he or she ceases to possess any suchqualifications during his or her term of office, or if he or she violates any express prohibition ofthls Charter, he or she shall forthwith forfeit the office, and the Council shall remove him or herfrom office.

In the existing Cha rter, City Council memb ers may not be otherwise em ployedby the City. This language n eeds to be carried over to the new Ch arter.(b) Filing Fee. Each candidate shall pay to the qualifying officer a filing fee in the

amount of three percent (3' o) of the annual salary of the office of Mayor or office of member of CityCouncil, as well as an election assessment as provided by Florida law.


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Section 6.04. Elections Procedures.(a) General and Primary Elections. City Council shall make all necessary arrangements

for holding the regular City elections and shall declare the results thereof. The general election forcontests with three or more candidates shall be held on the date of the primary election established bygeneral law for election of State and County officers. Th e general election for contests between twocandidates shall be held on the date of the general election established by general law for election ofState and County officers.

(6) Appointments by Supervisor of Elections. Inspectors, clerks and deputies of theelections shall be appointed by the Escambia County Supervisor of Elections for all elections.

How can a City compel an elected county officer to act?) Notice of Elections. The City Clerk shall cause a notice of the time and place of

holdmg all City elections to be published in a newspaper published in the City, for at least once a weekfor two (2) consecutive weeks during the thirty (30) days prior to the beginning of qualifying.

(d) One Candidate. No election for Mayor or for any City Council office shall berequired in any electton in whch there is only one duly qualified candidate for the particular office.

implications of "N o election "?(e) Canvassing B oard. Elections shall be conducted and results shall be tabulated,

returned and canvassed by County election officials in accordance with general law. Th ecanvassing board shall submit certified election results to the City Clerk. In a City electionwhere a County canvassing board would not be empanelled, then the canvassing board shallinclude the City Clerk, the City Attorney. and the Mayor. If the Mayor is on the ballot, the thudmember of the canvassing board shall be appointed by the City Council from among itsmembers, who shall not be a person on the ballot.

Is the City Attorney a viable third member of the canvassing boa rd, given thatthe attorney would serve at the pleasure of the Mayor?(0 Ballots. The names of all candidates clualified for nomination to the office of Mayor or

the office of member of the Cit). Council for each seat shall be placed on the ballot in their respectiveseats in alphabetical order in the election, and the candtdate who receives a majority of the votes inthe election for a respective seat shall be declared elected.Section 6.05. Candidate Qualifying Oath.

(a) Qualifying Oath or A ffirmation. Any person who is quahfied under the laws of theState and this Charter may become a candtdate for the office of hlayor or Ctty Council by tahng andsubscribing to an oath or affirmation, and fhng the same with the City Clerk during business hoursduring the period prescribed by general law for qualification of candtdates for election to Countyoffices.

(6) Form. The form of the oath or affirmation shall be substantially as follows:


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STATE O F FLORIDAC O ~ O F ~ l B M C I T YOF PENSACOM

Before me, an officer authorized to admtnister oaths and acknowledgements, personallyappeared ,who being first duly sworn, says that he or she is a can&date fornomination to the office of Mayor, or for City Council from District , n the City ofPensacola for the term in the election to be held in the year ; hat he or she is a qualifiedelector in the City of Pensacola; that he o r she is duly qualified to hold office under the Consti tutionand laws .of the State of Florida, and the Charter of the City of Pensacola; and that he or she has no tviolated any of the laws of the City or State relating to elections or the regstration of voters thereof.

CANDIDATEFlorida Vote Regstration Number

Sworn to (or affirmed) and subscribed before me this- ay of , 20- in theCity of Pensacola, Florida.

Florida w r egistration NumberNotary Public

Section 6.06. Alternative to Qualifying Fee.(a) Petition Process. In lieu of paying the filing fee prescribed by this Charter, a

canddate for the office of Mayor or office of City Council member may have hts or her name placedon the ballot for the election by compljing with the petition process for qualifjing as a candtdate forCounty office as prescribed by general law. No person may qualify for election as a write-inc a d d a t e .

(6) Petition Forms. The qualifymg officer shall provide the candidate with the petitionformat to facilitate the gathering of signatures pursuant to this section.(c ) Val id Signatures. Th e candidate may begin t o seek signatures on a petition

supporting his or her candidacy once the requirements of general law are met. Only signatures ofCity electors shall be counted toward obtaining the minimum number of signatures prescribed in thissubsection. A candidate for the office of Mayor under this petition process shall obtain thesignatures of a number of qualified electors equal to at least five percent (5%) of the total num ber o fregistered electors in the City, as shown by the compilation by the Supervisor of Elections fo rthe mo st recent general election of the City Council.A candidate for a single-member &strictposition shall obtain the signatures of a number of qualified electors residmg in the district for whtchthe candidate seeks election equal to at least five percent (5%) of the total number of regs teredelectors in the &strict, as shown by the same compilation.

For the City election next following each decennial census, the required petitionsignatures shall be as follows:A candidate for the office of Mayor under thls petition process shall obtain the


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Independent redistricting comm ission should be established. Council should not drawdistrict lines - oo politicized.(") Report Specifications.

(1) Each &strict shall be formed of compact, contiguous territory, and itsboundary lines shall follow the centerlines of streets, railroad h e s or other natural boundaries wherepossible.

(2) The districts shall be based upon the principle of equal and effectiverepresentation as required by the United States Constitution and as represented in the mathematicalpreciseness reached in the legslative apportionment of the State. The report shall include a map anddescription of the districts recommended.

Is this sufficient to preclude some o f the present problem s? For exam ple, one part ofDistrict 1 is coterminous with District 2, but otherwise surrounded by unincorporatedterritory. Also, consider issue presented by special districts lying in multiple councildistricts.

ARTICLE VIIRECALL, INITIATIVE, AN D REFERENDUM

Section 7.01. Recall.Recall of elected officials shall be accordng to the provisions of state law.

Section 7.02, Power of Initiative.

Clty electors shall have the power to propose ordmances to the City Council. If the CityCouncll fails to adopt an ordinance so proposed without any change in substance, the electors havethe power to adopt or reject the proposed ordmance at a City election. The electors are not empoweredto propose ordmances that extend to providing an annual budget, lexying taxes, or setting salaries ofCity officers or employees.

Wha t is the locally based rationale for limiting the subjects of referendum and initiative?Why changed from "action" to "ordinance"?Section 7.03. Power of Referendum.

City electors shall have the power to require reconsideration by the City Council of any adoptedordmance. If the City Council fails to repeal an ordmance so reconsidered, the electors have thepower to approve or reject the reconsidered ordinance at a City election. The electors are notempowered to reconsider ordmances that extend to providtng an annual budget, levying taxes, orsetting salaries of City officers or employees.

What is the locally based rationale for limiting the subjects of referendum and initiative?Why changed from "action" to ordinance "?Section 7.04. Commencement of Proceedings.


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registration number or date of birth; and (iv) the elector is, at the time he or she signs the form, a dulyqualified and registered elector of the City.

How can the City compel an elected county official to act? Discuss preemption andwhether appropriate to apply similar state requiremen ts that do not preempt.Section 7.07. Action on Petitions.

(a) Action b_ y Ci4Council.When an initiative or referendum petition has been finallydetermined sufficient, the City Council shall promptly consider the proposed initiative or reconsiderthe referred ordinance. If the City Council fails to adopt a proposed Initiative ordmance withoutany change in substance within forty-five (45) days or fails to repeal the referred ordmance withlnforty-five (45) days, it shall submit the propcsed or referred ordmance to the electors. If the CityCouncil fads to act on a proposed initlauve ordmance or referred ordinance w i h he time prescribedin this subsection, the City Counal shall be deemed to have failed to adopt the proposed initiativeordmance or have faded to repeal the referred ordmance on the last day that the City Council wasauthorized to act on the matter.

After 60 days have passed during the petitioning period, w hy wou ld a council need 45days to determine wh ether an action in question should be repealed? Also, apparentlychange w ould defeat an initiative or referendum.(b) Submission to Electors. The vote on a proposed or referred ordinance shall be heldnot less than h t y 30) days or more than sixty (60) days from the date the City Council acted or was

deemed to have acted according to section 7.07(a). If there is not a general election to be heldwithin the described time period, the City Council shall provide for a special election in consultationwith the Escambia County Supervisor of Elections. Otherwise, the vote shall be held at the sametime as such regular election. Copies of the proposed or referred ordmance shall be made available atthe polls. Nothing in this provision shall prohibit the use of a mail ballot election pursuant to generallaw.

(4 Withdrawal$Petitions. Initiative or referendum petitions may be withdrawn atany time prior to the twenty-fifth (25th) day preceding the day scheduled for a vote of the City byf h g with the City Clerk a request for withdrawal signed by at least eight (8) of the members of thepetitioners' committee. Upon the filing of such request, the petition shall have no further force oreffect and all proceedngs thereon shall be terminated.

Wha t about the interests of the petitioners?Section 7.08. Election Results.

(a) In i t ia t ive . If a majority of the qualified electors voting on a proposed initiativeordmance vote in its favor, the initiative ordmance shall be considered adopted upon the certificationof the election results. If confhcting ordnances are approved at the same election, the one receivingthe greatest number of affirmative votes shall prev d to the extent of a conflict.

(b) Referendum. If a majority of the qualified electors voting on a referred ordmance votefor repeal, the referred ordmance shall be considered repealed upon certification of the electionresults.


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ARTICLE VIIISCHEDULE

Section 8.01. Effective Date.Upon approval of a majority of the electorate voting at a referendum on thls Charter, this

Charterd ecome effective on January 1,2010.While it is the responsibility of the Pensacola City Council to consider alternatives thatmay bene fit the people w hich they serve, we are concerned that the creation of a specialelection for the consideration of a new City Charter will be perceived as a d e-factorejection of a County-wide initiative before the people of Pensacola have had a nopportunity to vote on the matter. If a decision is made in the affirmative, the matter willbe closed. If a decision is made in the nega tive, the que stion of re-organizing the Citygovernme nt can certainly be put forward in a special election at a later time.

Section 8.02. Ordinances Preserved.All ordmances in effect upon the adoption of thls Charter, to the extent not inconsistent

herewith, shall remain in full force and effect untll amended or repealed.Identify all ordinances in current Ch arter not change d to charter provisions and explainwhy not changed.

Section 8.03. Repeal of Former Charter Provisions.All provisions in effect prior to the effective date of this Charter, including, but not limited

to the Charter provisions contained in Chapter 15425, Laws of Florida (1931), as amended (theformer Charter), which are not embraced herein and which are not inconsistent with this Chartershall become ordtnances of the City subject to modtfication or repeal in the same manner asotherordinances of the City provided that all extra territorial powers of the City conferred by special act orothenvise are preserved and can be repealed or modified only by referendum or as othenvise providedby law.Section 8.04, Precedence over Code Provisions.

If a conhct exists between the provisions of thls Charter and the Code of Ordmances, the Charterprovisions shall control.

Section 8.05. Officers and Employees.The adoption of this Charter shall not affect or impair the rights, privileges or immunities of

City officers or employees at the time of the effective date of thts Charter, including rights provided forpursuant to Chapter 447, Florida Statutes, and collective bargaining agreements. Elected officers shallcontinue to hold their offices for the terms prescribed by the Charter in effect on the date of theirelection, and they shall dtscharge their duties untd their successors are elected.

Wou ld this exempt current department hea ds not living in the City from residencyrequirements?Section 8.06. Existing Rights, Obligations, Duties and Relationships.


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CRC members should be resident electors.(c ) Procedures. Th e CRC shall meet prior t o the third week in January, 2021, and

every ten (10) years thereafter, for the purposes of organization. The CRC shall elect a Chair and ViceChair from among its membership. Further meetings of the CRC shall be held upon the call of theChair o r any three members of the CRC. All meetings shall be open to the public.A majority ofthe members of the CRC shall constitute a quorum.

(d ) Rules and Compensation. The CRC may adopt o ther rules for its operationsand proceedmgs as it deems desirable. The members of the CRC shall receive no compensation.

(e) Expenses. Expenses of the CRC shall be verified by a majority vote of the CRCand forwarded to the Mayor for payment from the general fund of the City. The City may acceptfunds, grants, gifts and services for the CRC from the State, the County, and the government of theUnited States or other sources, public and private.

"Verify"expenses by vote? A CRC should not acc ept mon ey, grants, gifts, services, etcfrom private sources.fl Review. The CRC shall review, on behalf of the citizens of the City of Pensacola, the

operation of City government in order to recommend amendments to this Charter, if any.Is the review of the "operation" of the governm ent too narrow and bureaucratic? Wha tabout the needs, desires, and aspirations of the City, and its citizens, for whom thegovernment exists?

(g ) Report and Process. The CRC shall complete its review and submit a report to thecitizens of the City of Pensacola by July 31,2021, and every ten (10) years thereafter. Included kmhnthe report shall be any proposed amendments to the Charter, together with the wording of theamendment which is to be voted on by the electorate. Any such amendments may be included onthe ballot as a single question, in lvi dual questions o r any combination of either. If one or moreproposed Charter amendments are submitted by the CRC, the City Council, in consultation with theSupervisor of Elections, shall call a special election to be held in 2021 and every ten (10) yearsthereafter, for the purpose of voting on the proposed amendments submitted by the CRC. Notice ofsaid election, together with the exact language of the proposed amendments as submtted in thereport of the CRC, shall be published by the City Council. Passage of proposed amendments shallrequire approval of a majority of electors voting in said election on such amendment.

Section 9.02. Charter Amendments.(a) Initiation by Ordinance. The City Council may propose amendments by ordinance

to this Charter. Upon adoption of the initiating ordinance, the City Council shall submit the proposedamendment to a vote of the electors at the next general elecuon held within the City or at a specialelection called for such purpose.

(b) Initiation by Petition. The electors of the City may propose amendments to this Charterby petition. Each petition proposing amendments to this Charter shall be commenced in the samemanner and with the same number of petitioning electors as an ordnance proposed by initiative inArticle VII of this Charter.


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MARILYN E. CROTTYBiographical Statement

Marilyn E. Crotty is the D irector of the John Scott Dailey Florida Institute of Government at theUniversity of Central Florida in Orlando, Florida. In addition, she serves as the ExecutiveDirector of the Tri-County L eague of Cities.Ms. Crotty develops and presents workshops, seminars, and conferences throughout the state ofFlorida on topics of interest to state and local governments. She has designed courses inorganizational development, managemen t and supervision, customer serv ice, leadership, andmedia relations. She also facilitates charter reviews and strategic planning sessions for localgovernments and non-profit organizations. Ms. Crotty is a faculty member for the FloridaLeague of Cities Institute for Elected Municipal O fficials.Prior to joining the staff at the University of C entral Florida in 1990, Ms. Crotty directed theInstitute of Government at Valencia Comm unity College for eight years. She has been appointedto many governmental boards and has served on the East Central Florida Regional PlanningCouncil, the Florida Environmental Efficiency Study Commission, and the Governor'sCommission on the Status of Women.A Florida native, Ms. Crotty has a broad background in comm unity service. A former presidentof the League of Wom en Voters of Seminole C ounty and member of the League State Board, shelobbied in Tallahassee, coordinated and directed the election of the first Silver H aired Legislaturefor the state of Florida, coordinated statewide debates for gubernatorial and senatorial candidates,and developed and managed a program for economically disadvantaged women in centralFlorida.


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EXPERIENCE1990 - Present

1999 - Present1982 - 19901982 - Present

EDUCATION

HONORS andAPPOINTMENTS1974 - Present

VITAMarilyn E. Crotty

Director, Institute of G overnm ent, University of Central Florida,Orlando . This program is an affiliate of the Florida Institute ofGovernment and prov ides training and technical assistance forstate and local governments.Executive Director, Tri-County L eague of Cities

Program D irector, Institute of Gove rnment, ValenciaComm unity College, Orlando , Florida.Develop and present worksh ops and seminars concerningstrategic planning, orga nizational developm ent, and managementskills for governmental employee s, elected officials, andmembers of citizen advisory boa rds; facilitate meetings ofboards, committees, and public w orkshop s; conductcharter review process esServed on State Board of the League o f Women V oters ofFlorida; legislative lobbyist; coordin ated statew ide conferencesand debates.Coordinated and managed staff and budget of Women'sEconomic Developm ent and Growth Exp erience Program whichassisted economically disadvantaged women in a four-countyarea.Bachelor of Science DegreeUniversity of FloridaGaines ville, Florida

Served on numerous non-profit and governm ental boards.Chair, Seminole County Charter Advisory Com mittee.Appointed to the East Central Florida Regional PlanningCouncil by the Governo r of Florida. Served on its Board ofDirectors. C hair, Project Review Comm ittee, 1986-87.Member - Florida Environmental Efficiency Study Commission.Appointed to the Governor's Comm ission on the Status ofWomen by Gov ernor Bob Graham.Selected Orlando 's O utstanding Woman in Government byWomen's Executive Council.


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FACILITATION OF CHARTER REVIEW SBY MARILYN E. CROTTY

City of Belle IsleCity of C asselberryCity of Dade CityCity of DeltonaCity of MaitlandCity of OviedoCity of West MelbourneCity of W inter GardenCity of Winter SpringsCity of Zephyrhills

INCORPORATION FEASIBILITY STU DIESWRITING OF INITIAL CHART ER

BY MARILYN E. CROTTYCelebrationMarion OaksPoinciana

charter workshop

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