Charter Review Committee

Charter Review Committee Meeting - Thurs, May 19, 2022 - 3:30 P.M. NOTICE CHARTER REVIEW COMMITTEE MEETING - THURS, MAY 19, 2022 - 3:30 P.M. AT THE GARDEN CLUB, 307 OHIO AVE, LYNN HAVEN THE PUBLIC IS INVITED TO ATTEND AGENDA Item #1. Call to Order. Rules for Public Participation: All individual presentations during the Audience Participation portion of the agenda for items not on the agenda and all agenda items will be limited to two (2) minutes per presentation. Also, we will use the one:two rule – that is, one person can speak again after two others have had a chance to speak. Item #2. Approval of minutes for the March 17th meeting - Pages 2-5 Item #3. Discuss Red-lined version of amended Charter - Pages 6-17 (attached with previous version) - Pages 18-29 Item #4. Discuss Ballots (attached) - Pages 30-32 Item #4. Public Commentary Item #5. Adjourn 825 Ohio Avenue • Lynn Haven, FL 32444 (850) 265-2121 • Fax (850) 265-8931  DRAFT Minutes from the Charter Review Committee meeting on March 17, 2022 at 3:30 P.M. Page 1 THURSDAY, MARCH 17, 2022 CHARTER REVIEW COMMITTEE MEETING – 3:30 P.M. Present: George Hines, Chair Gerri Parker, Deputy Chair Linda Mishler Jim Frishkorn Vickie Gainer, City Manager Kevin Obos, City Attorney Absent: Joanne Cox Item #1. Call to Order. The Chairman called the meeting to order at 3:30 P.M. Item #2. Approval of minutes for the January 20th meeting. The Chair asked if there were any queries regarding the previous minutes. There were none. Motion by Mr. Frishkorn: To approve the previous minutes. Second to the motion Ms. Mishler On Vote: Frishkorn aye Mishler aye Parker aye Hines aye Motion passed: 4-0 Item #3. Discuss Red-lined version of amended Charter The Committee reviewed each change together. Sections 1 through 10 changes were all agreed upon and accepted. Section 11 - The Committee requested that the final sentence should read “No Commissioner shall serve more than eight (8) years in office, plus eight (8) years as Mayor, not inclusive of any partial terms.” Motion by Ms. Mishler: To make changes to Section 11 as recommended. Second to the motion Mr. Frishkorn On Vote: Mishler aye Frishkorn aye Parker aye Hines aye Motion passed: 4-0 Sections 11A Through 14 changes were all agreed upon and accepted. It was decided to add Section 14A as discussed in the minutes dated November 18th 2021 to the Charter, per below: Section 14A: Background checks for City Manager and Department Heads. Page 2 of 32  DRAFT Minutes from the Charter Review Committee meeting on March 17, 2022 at 3:30 P.M. Page 2 The City of Lynn Haven shall conduct a Level 2 background check, including but not limited to sex offender registry checks, and criminal background checks, on the City Manager, and every Department Head. The convictions not acceptable for employment with the City of Lynn Haven shall include but not be limited to violent crimes, drug sales, sex offence charges, and/or crimes of moral turpitude including but not limited to, theft, embezzlement, rape, forgery, and solicitation of prostitutes, and pornography. Motion by Ms. Mishler: To add Section 14A as recommended. Second to the motion Ms. Parker On Vote: Mishler aye Parker aye Frishkorn aye Hines aye Motion passed: 4-0 Sections 15 through 17 changes were all agreed upon and accepted. Section 18 - It was decided to change the second last sentence of the section to read “Annually at the first Commission meeting in May the members of the City Commission shall appoint a Mayor Pro Tem to serve in the Mayor’s absence.” Motion by Ms. Mishler: To amend Section 18 as recommended. Second to the motion Ms. Parker On Vote: Mishler aye Parker aye Frishkorn aye Hines aye Motion passed: 4-0 Sections 19 through 20 changes were all agreed upon and accepted. It was noted that Section 19 was placed under Article III in error instead of Article II and should be moved back up into Article II. Section 21 - It was decided to change the wording “…Commission, or upon their failure to do so, the …” to read “…Commission, or upon the City Manager’s failure to do so, the…” Motion by Mr. Frishkorn: To change Section 21 as recommended. Second to the motion Ms. Parker On Vote: Frishkorn aye Parker aye Mishler aye Hines aye Motion passed: 4-0 Ellyn Fields would like to see the word changed from “failure” to “in the absence of”. After discussion the Committee recommended changing the wording from “…Commission, or upon the City Manager’s failure to do so, the Mayor…” to read “…Commission. In the absence of an appointment by the City Manager, the Mayor…” Page 3 of 32  DRAFT Minutes from the Charter Review Committee meeting on March 17, 2022 at 3:30 P.M. Page 3 Amended Motion by Ms. Parker: To amend the changed motion for Section 21 to read ~ “…Commission, or upon the City Manager’s failure to do so, the Mayor…” to read “…Commission. In the absence of an appointment by the City Manager, the Mayor…” Second to the amended motion Ms. Mishler On Vote: Parker aye Mishler aye Frishkorn aye Hines aye Motion passed: 4-0 Sections 22 through 32 changes were all agreed upon and accepted. The Chair called to have the Committee meet again on the 3rd Thursday, May 19th at 3.30pm to go over the final changes and review the recommended ballot questions to present to Commission in June. The Chair instructed Attorney Kevin Obos to draft the ballot questions, to bring back to next meeting for this committee to review. The Committee discussed decided the Charter ballot questions should comprise the following: Ballot 1 - Language, administrative, and grammar changes. Ballot 2 - Establishing charter review every 5 years. Ballot 3 - Term limits Ballot 4 - Compensation - MAKE THIS ONE CLEAR to clarify that the decision about their own compensation is simply being taken away from the Commission, so they cannot set their own compensation. Ballot 5 - Background checks Ballot 6 - Section 15A: unexcused absences Ballot 7 - Mayor Pro Tem appointment The reviewed document and ballot questions are to be sent out to the Committee for review in the first week of May as part of the agenda for the meeting on May 19th. Item #4. Public Commentary. Ellyn Fields wanted to go back to Item # 3 dealing with Sec 21. The Committee agreed to go back and review Sec 21. Jodi Moore - said that as someone who has attended every meeting, she would like to say something. Even though she is not a resident of Lynn Haven and will not qualify to vote on the Charter changes, she has an overall impression that a good job was done. She would however have liked to see the Police Chief appointment be changed to election. She also feels that the use of the generic terms their/his/her is unhelpful and needs to be more specific and avoid confusion. The Chair asked if there was anything else for the good of the order: Ms. Parker said that she was very disappointed that there was not better attendance and input from the public. The Mayor thanked everyone on the Committee for their hard work. Page 4 of 32  DRAFT Minutes from the Charter Review Committee meeting on March 17, 2022 at 3:30 P.M. Page 4 The Chair - thanked everyone for their time and attention. Item #5. Adjourn. There being no further business the meeting adjourned at 4.21 P.M. APPROVED THIS ____DAY OF ____________ 2022. _______________________________________ Mr. Hines, Chairman ATTEST: __________________________________ Vickie Gainer, City Manager prepared by Cicelia J Holliday Page 5 of 32  PART I CHARTER* Article I. In General Sec. 1. Existing municipality abolished. Sec. 2. Title to property reserved to new municipality. Sec. 3. Contracts remain binding. Sec. 4. New municipality created. Sec. 5. Boundaries. Formatted: Indent: Left: 1.11" Sec. 6. Powers vested in Commission; designating manner of exercise; abandoned property; payment of ad valorem taxes. Sec. 6A. [Reserved.] Sec. 7. Same-Generally. Sec. 8. Same-Police power; general penalty. Sec. 9. General laws to apply. Sec. 9A. Charter Review. Article II. City Commission Sec. 10. Form of government. Formatted: Indent: Left: 0.13" Sec. 11. Creation; election of members; term limits. Sec. 11A. Mayor Commissioner and Commissioner Compensation. Sec. 12. Qualifications of members; prohibited interest in City contracts; prohibiting former members from employment. Formatted: Indent: Left: 1.13" Sec. 13. [Reserved.] Sec. 14. Judge of own elections; felony convictions. Sec. 14A. Background checks for City Manager and Department Heads Formatted: Indent: Left: 0.12", Right: 1.34" Sec. 15. Vacancies. Formatted: Indent: Left: 0.12" Sec. 15A. Penalty for unexcused absences. Sec. 16. General law governing City Councils extended to Commissioners. Sec. 17. Mayor-Construed. Formatted: Indent: Left: 0.13", First line: 0" Sec. 18. Same-Functions and duties. Sec. 19. Advisory Boards. Moved (insertion) [2] Formatted: Indent: Left: 1.13" *Editor's note--This compilation consists of the Charter, Laws of Fla. (1951), ch. 27685, and all Moved (insertion) [3] subsequent acts relating to the City of Lynn Haven including Laws of Fla. (1933), ch. 16536, and Laws Deleted: ¶ of Fla. (1937), ch. 18668, which were apparently not superseded by Laws ofFla. (1951), ch. 18668. A comparative table will be found immediately following the Charter which shows the disposition of Formatted: Body Text, Line spacing: single these acts. The provisions of these acts have been arranged by subject matter and numbered Formatted: Indent: Left: 1", Right: 0.75" consecutively from one through 129 for purposes of indexing and ease of reference. The origin of all sections is given in a historical citation enclosed in parentheses following each section. Where a section or act has been amended, superseded, or repealed by a later act, the amended section will list the amendatory acts in chronological order. Only the latest amendment, however, will be set out herein. The editors have supplied catchlines where necessary, inserted material in brackets where necessary to correct obvious errors or for clarification, and have omitted all titles and enacting, repealing, severability andeffective date clauses. The absence of a history note indicates that the provision remains unchanged from the original act. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Subsequently, Ord. No. 711, § 1, adopted Feb. 27, 2001, amended, renumbered, and repealed various sections of the Charter. The user's attention is directed to the Charter Comparative Table for a detailed analysis of inclusion of said Ord. No. 711. CHT: 1 Page 6 of 32  LYNN HAVEN CODE Moved up [3]: Same-Functions and Article III. Officers and Employees duties. Advisory Boards.¶ Moved up [2]: Sec. 18.¶ Sec. 20. Incumbents holding office. Sec. 19.¶ Sec. 21. Officers and Departments enumerated. Sec. 22. Compensation. Sec. 23. Civil service system. Sec. 24. City Manager-Appointment; qualifications; substitute. Sec. 25. Same-Removal. Sec. 26. Same-Functions and Responsibilities. Sec. 27. City attorney-Appointment; duties. Sec. 28. [Reserved]. Sec. 29. Same-Qualifications. Sec. 30. [Reserved]. Article IV. Elections Sec. 31. Qualifications and election of City Commission Candidates. Sec. 32. Canvass of returns. CHT: 2 Page 7 of 32  CHARTER ARTICLE I. IN GENERAL Sec. 1. Existing municipality abolished. The present municipal government existing under the name of the City of Lynn Haven, Florida be and the same is, hereby abolished. (Laws of Fla. (1951), ch. 27685, § 1) Sec. 2. Title to property reserved to new municipality. The title, rights, and ownership of property, collected and uncollected taxes, dues, claims, judgments, moneys, decrees, and choses in action, held or owned by the City of Lynn Haven, under its present or any former charter, shall pass to, and be vested in the municipal corporation organized by and under this act to succeed the municipality abolished. (Laws of Fla. (1951), ch. 27685, § 2) Sec. 3. Contracts remain binding. No debt, obligation, or contract of the City of Lynn Haven, Florida, including bonds and debentures issued, shall be impaired or avoided by this act, but such debts, obligations, contracts, bonds, and debentures shall pass to and be binding upon the new municipality which is organized and created. (Laws of Fla. (1951), ch. 27685, § 3) Sec. 4. New municipality created. The inhabitants of the City of Lynn Haven, Florida, as its limits are hereafter established, or as such limits may be hereafter established, shall be and continue to be a body politic and corporate to be known and designated as the "City of Lynn Haven," and as such shall have perpetual succession, may have and use a common seal which it may change at pleasure, may contract and be contracted with, may sue and be sued, and may plead and be impleaded in all of the courts of this State. (Laws of Fla. (1951), ch. 27685, § 5) Sec. 5. Boundaries. The corporate limits of the City of Lynn Haven in Bay County, Florida, be, and the same are hereby fixed, defined and established so as to include the following lands and territory in said County of Bay in the State of Florida, to-wit: [The boundary description of the city is not printed herein but is on file in the City Manager's office.] The territorial limits may be changed; enlarged or contracted in the manner provided by the general law. The jurisdiction of the City of Lynn Haven shall extend over all persons and property, franchises and privileges located or coming within said limits, and over and upon any CHT: 3 Page 8 of 32 property the city may own or possess for municipal purposes outside of said limits. (Laws of Fla. (1951), ch. 27685, § 6) State law reference--Extension of municipal territorial limits, F.S. ch. 171. Sec. 6. Powers vested in Commission; designating manner of exercise; abandoned property; payment of ad valorem taxes. All powers of the City except as otherwise provided by this Charter or by the Constitution of the State, are vested in the City Commission, and except as otherwise provided by this Charter or by the Constitution of the State, the City Commission may by ordinance or resolution prescribe the manner in which any power of the city shall be exercised. (Laws of Fla. (1951), ch. 27685, § 10; Laws of Fla. ch. 61-2434, § 1) Editor's note--This section has been editorially amended to delete the reference to municipal courts as municipal courts were abolished pursuant to art. V, § 4(d) of the Florida Constitution. The provision regarding abandoned property on public streets, etc., has been deleted as superseded by F.S. § 705.101 et seq. The statement regarding payment of ad valorem taxes has been editorially deleted as superseded by F.S. ch. 192 et seq. The provision regarding vacating streets, plats, etc., has been editorially transferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973 and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). This section is section 58-26 in the Code of Ordinances. Sec. 6A. [Reserved.] Editor's note--Ord. No. 711, § 1, adopted Feb. 27, 2001, repealed§ 6A which pertained to corporate limits enlarged. See the Charter Comparative Table. Sec. 7. Same-Generally. The City of Lynn Haven hereby created, established and organized, shall have full power and authority to acquire, take, hold and control property real, personal and mixed, both within and without its corporate limits for the use, benefit, welfare and best interest of said municipality, by purchase, lease, grant, gift, devise, condemnation or otherwise, and to sell, lease or otherwise dispose of such property for the benefits of said municipality to the same extent that a natural person might or could do; to issue and sell bonds, debentures and certificates of indebtedness or other obligations, upon its property both within and without its corporate limits, or in the earnings thereof, or both, for any lawful municipal purpose. (Laws of Fla. (1951), ch. 27685, § 7; Ord. No. 711, § 1, 2-27-01/4-25-01) Editor's note--Parts of this section regarding enumerated powers which have not been amended by referendum after July 1, 1973 and which are not extraterritorial powers have been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and RS. ch. 166 and the provisions regarding planning have been superseded by F.S. § 163.3161 et seq. Sec. 8. Same-Police power; general penalty. The City Commission shall have power to pass all such ordinances and laws, not inconsistent with the Constitution and laws of the United States and of this State, as may be expedient and necessary for the preservation of the public safety, peace, and order. (Laws of Fla. (1951), ch. 27685, § 106) CHT: 4 Page 9 of 32  Editor's note--Parts of this section which have not been amended by referendum after July 1, 1973 and which are not extraterritorial powers have been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. Sec. 9. General laws to apply. All general laws of the State applicable to municipal corporations, now or which are to be enacted, and which are not in conflict with the provisions of this Charter or with the ordinances and resolutions enacted by the City Commission, shall be applicable to this City; provided, however, that nothing contained in this Charter shall be construed as limiting the power of the City Commission to enact any ordinance or resolution not in conflict with the Constitution of the State or with the express provisions of this Charter. (Laws of Fla. (1951), ch. 27685, § 107) State law reference--Municipal home rule powers, F.S. ch. 166. Sec. 9A. Charter Review. This Charter shall be reviewed by a Committee appointed by resolution of the City Commission every five years. Editor's note--Ord. No. 711, § 1, adopted Feb. 27, 2001 repealed§ 9A, which pertained to procedure for amending charter. See the Charter Comparative Table. CHT: 5 Page 10 of 32  ARTICLE II. CITY COMMISSION* Sec. 10. Form of government. The form of government of the City of Lynn Haven provided for under this act [Laws of Fla. (1951), ch. 27685] shall be known as the "Commission-Manager Plan." The City Commission shall constitute the governing body with powers to pass ordinances, adopt resolutions and appoint a chief administrative officer to be known as the "City Manager." (Laws of Fla. (1951), ch. 27685, § 8; Ord. No. 711, § 1, 2-27-01/4-25-01) State law reference--Municipal home rule powers, F.S. ch. 166. Sec. 11. Creation; election of members; term limits. A City Commission is hereby created to consist of a Mayor-Commissioner and four Commissioners who shall be qualified as hereafter prescribed and whose term of office shall begin immediately following the canvass of and certification of election returns as provided herein Elections shall be held on the Tuesday immediately following the third Monday in April with any necessary run-off election to be held the Tuesday immediately following the third Monday in May. The City shall hold elections for the Mayor-Commissioner and Commissioners every year ending in an odd number after the election of 2009. The Mayor- Commissioner and Commissioner seats one and two shall be elected every four years starting with the election of 2011. Commissioner seats three and four shall be elected every four years starting with the election of 2009. The Mayor-Commissioner and the Commissioners shall be elected at large in the City. The incumbent shall hold office until a successor is elected and qualified as herein provided. No Commissioner shall serve more than eight (8) years in office, Deleted: No Mayor-Commissioner or plus eight (8) years as mayor, not inclusive of any partial terms. Commissioner shall serve more than eight (8) years in office *Code reference--City commission, § 2-26 et seq, State law references--Code of ethics, F.S. § 112.311 et seq.; open records law, F.S. ch. 119; open meetings law, F.S. § 286.011 et seq. (Laws of Fla. (1951), ch. 27685, § 9; Laws of Fla. ch. 69-1271, § 1; Ord. No. 711, § 1, 2-27-01/4-25-01; Ord. No. 754, § 1, 10-14-03/9-9-03); Ord. No. 868, § 1, 1-23-07/4-17-07) Sec. 11A. Mayor-Commissioner and Commissioner Compensation. Compensation for the Mayor-Commissioner shall be $1,500.00 per month and each Commissioner shall be S1,250.00 per month, with a cost of living adjustment each fiscal year consistent with any such adjustment given to the employees of the City, so long as said adjustment is approved in the annual budget. Sec. 12. Qualifications of members; prohibited interest in City contracts; prohibiting former members from employment. Members of the Commission shall be qualified electors and residents of the City. Officers and employees of the City shall not be interested in the profits or emoluments of any contract, work, or service for the City, and any such contract in which any member is, or may become interested, shall be declared void by the Commission. Members of the Commission shall not become employed by the City for a period of not less than two years after leaving office. (Laws of Fla. (1951), ch. 27685, § 11; Ord. No. 711, § 1, 2-27-01/4-25-01) CHT: 6 Page 11 of 32 Sec. 13. [Reserved.] Editor's note--Ord. No. 711, § 1, adopted Feb. 27, 201, repealed § 13, which pertained to candidates prohibited from making certain promises. See the Charter Comparative Table. Formatted: Justified, Indent: Left: 1.11", First line: Sec. 14. Judge of own elections; felony convictions. 0.01", Right: 1.12", Space Before: 0 pt, Line spacing: Multiple 1.16 li The Commission shall be the judge of the election and qualification of its own members subject to review by the courts. The Commission shall serve as the Canvassing Board. Any member of the Commission who shall be convicted of felony while in office shall immediately forfeit their office. (Laws of Fla. (1951), ch. 27685, § 13; Ord. No. 711, § 1, 2-27-01/4-25-01) Sec. 14A. Background checks for City Manager and Department Heads Formatted: Font: Bold The City of Lynn Haven shall conduct a Level 2 Background check, including but not Formatted: Indent: Left: 1.11", First line: 0.2", Right: limited to sex offender registry checks, and criminal background checks, on the City Manager 1.12", Space Before: 8.15 pt and every Department Head. The convictions not acceptable for employment with the City of Lynn Haven shall include but not be limited to violent crimes, drug sales, sex offense charges, and/or crimes of moral turpitude including but not limited to, theft, embezzlement, rape, forgery, and solicitation of prostitutes, and pornography. Sec. 15. Vacancies. Any vacancy in the Commission may be filled until the next regular municipal election by vote of the remaining members of the Commission; provided that if such vacancy is not filled within thirty (30) days after it shall have occurred, appointment to fill such vacancy shall be made by the Governor of the State of Florida and provided further, that vacancies resulting from a recall election shall be filled in the manner hereafter prescribed. (Laws of Fla. (1951), ch. 27685, § 14) State law reference--Filling of vacancies by the Governor, F.S. § 112.51(3). Deleted: ¶ Formatted: Indent: Left: 1.3", Space Before: 2.35 pt Sec. 15A. Penalty for unexcused absences. Formatted: Font: 12.5 pt Absence from three consecutive regular meetings of the City Commission shall operate to Formatted: Body Text, Indent: Left: 1.11", First line: vacate the seat of a member unless such absence is excused by the City Commission. 0.01", Right: 1.12", Line spacing: Multiple 1.16 li Deleted: ¶ Sec. 16. General law governing City Councils extended to Commissioners. Any right or authority given or permitted by the Constitution and laws of the State of Florida to City Councils not inconsistent with the provisions of this Act shall be given, permitted, and extended to the City Commissioners of the City of Lynn Haven. (Laws of Fla. (1951); ch. 27685, § 108; Ord. No. 711, § 1, 2-27-01/4-25-0i) State law reference--Municipal home rule powers, F.S. ch. 166. Note--Formerly§ 20. Formatted: Font: 12.5 pt Formatted: Justified, Indent: Left: 1.11", First line: 0.01", Right: 1.12", Line spacing: Multiple 1.16 li CHT: 7 Page 12 of 32 Sec. 17. Mayor-Construed. Whenever the term Mayor is used in this Charter, it is understood to refer to the Mayor- Commissioner. (Laws of Fla. (1951), ch. 27685, § 15; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 21. Sec. 18. Same-Functions and duties. The Mayor shall preside at all meetings of the Commission and perform such other duties consistent with their office as may be imposed upon them by the Commission and they shall have a voice and a vote in the proceedings of the Commission, but no veto power. They shall use the title of Mayor in any case in which the execution of legal instruments in writing, or other necessity arising from the general laws of the State, so requires. They shall be recognized as the official head of the City by the Courts for the purpose of serving civil processes; by the government in the exercise of military law, and for all ceremonial purposes, and shall countersign all checks and vouchers prepared by the City Manager. They may take command of the police and fire departments and govern the city by proclamation during the times of grave public danger or emergency, and they shall themselves be the judge of what constitutes such danger or emergency. The powers and duties of the Mayor shall be such as are conferred upon them by this Charter and by the City Commission in pursuance of the provisions of this Charter, and no others. Annually at the first Commission meeting in May the members of the Deleted: In the absence or disability of the City Commission shall appoint a Mayor Pro Tem to serve in the Mayor’s absence. No Mayor the other members of the City Commission shall select a Mayor Pro Tem to Commissioner may serve as Mayor Pro Tem more than once during a four year term. serve in the Mayor’s absence (Laws of Fla. (1951), ch. 27685, § 16; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 22. Deleted: ¶ Formatted: Justified, Indent: Left: 1.11", First line: Sec. 19. Advisory Boards. 0.17", Right: 1.12", Space Before: 0 pt, Line spacing: The City Commission may at any time appoint an Advisory Board (or Boards), composed Multiple 1.16 li of men and women who are residents of the City of Lynn Haven and who are not Moved (insertion) [1] disenfranchised by law. These people shall act in an advisory capacity to the City Commission or City Manager with respect to the management of City property or the exercise of any public function. An individual shall only serve on one standing Board at a time. Service by an individual on a standing Board, except the Planning Commission, is limited to six (6) consecutive years. An individual on the Planning Commission shall not serve more than eight (8) consecutive years. (Laws of Fla. (1951), ch. 27685, § 51; Ord. No. 711, § 1, 2-27-01/4-25-01) Editor's note--The reference to freeholder in this section has been deleted as it is of questionable validity pursuant to a decision in Turner v. Fouche, 396 U.S. 346 (1969). Note--Formerly § 25. CHT: 8 Page 13 of 32  ARTICLE III. OFFICERS AND EMPLOYEES* Formatted: Font: 10.5 pt, Not Bold Sec. 20. Incumbents holding office. Formatted: Centered, Space Before: 0.05 pt All officers elected or appointed and holding office in the City shall continue to hold their Moved up [1]: Sec. 19. Advisory Boards.¶ respective offices and to discharge the duties thereof until their successors are elected and The City Commission may at any time appoint an confirmed under the provisions of this act [Laws of Fla. (1951), ch. 27685]; provided, that if Advisory Board (or Boards), composed of men and women who are residents of the City of Lynn no such successors are clearly provided for in this act [Laws of Fla. (1951), ch. 27685], then Haven and who are not disenfranchised by law. such officers shall hold office and discharge their duties only during the pleasure of the City These people shall act in an advisory capacity to Commission herein created; and all existing ordinances of the City, not in conflict with the the City Commission or City Manager with respect to the management of City property or the provisions of this act [Laws of Fla. (1951), ch. 27685], shall continue in effect and unimpaired exercise of any public function. An individual until repealed, amended, or modified by the City which is hereby organized and created. shall only serve on one standing Board at a time. (Laws of Fla. (1951), ch. 27685, § 4; Ord. No. 711, § 1, 2-27-01/4-25-01) Service by an individual on a standing Board, except the Planning Commission, is limited to six Editor's note--Laws of Fla. (1951), ch. 27685, became effective on June 11, 1951. (6) consecutive years. An individual on the Note--Formerly §.26. Planning Commission shall not serve more than eight (8) consecutive years. ¶ (Laws of Fla. (1951), ch. 27685, § 51; Ord. No. Sec. 21. Officers and Departments enumerated. 711, § 1, 2-27-01/4-25-01)¶ Editor's note--The reference to freeholder in Officers and Departments of the City of Lynn Haven shall consist of a City Attorney, Police this section has been deleted as it is of Chief, Fire Chief, City Manager, Public Works Director, Finance Director, and those questionable validity pursuant to a decision in Turner v. Fouche, 396 U.S. 346 (1969).¶ Departments as established by ordinance. The heads of each and every Department shall be Note--Formerly § 25.¶ appointed by the City Manager with the advice and consent of a majority of the Commission. ¶ In the absence of an appointment by the City Manager, the Mayor-Commissioner may make Deleted: , such appointments if it is deemed necessary or expedient by the majority of the City Deleted: or, upon their failure to do so Commission, and in either event, such appointment shall be made with the advice and consent of the majority of the City Commission. In the event of the vacancy of a Department Head, nothing herein shall be construed to prevent the City Manager from acting as head of any Department, or appointing a Deputy Department Head, with commensurate compensation, upon their being accepted by the majority of the City Commission. (Laws of Fla. (1951), ch. 27685, § 27; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 27. . Code reference--Officers and employees, § 2-106 et seq. Deleted: ¶ Formatted: Justified, Indent: Left: 1.33", Space Before: Sec. 22. Compensation. 0 pt, Line spacing: Exactly 12.5 pt, Tab stops: Not at The Commission shall fix by ordinance, the compensation of all City employees and 6.87" members of Boards. The compensation so fixed, shall be uniform for like services in each grade of the City service as the same shall be graded or classified by the City Manager, or the City Commission. (Laws of Fla. (1951), ch. 27685, § 94; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 28. *Code reference-Officers and employees, § 2-106 et seq. Deleted: ¶ Formatted: Body Text, Justified, Indent: Left: 1.31" Sec. 23. Civil service system. The City Commission of Lynn Haven, Florida may, at its discretion, institute a civil service system for hiring and discharging its employees. (Laws of Fla. (1951), ch. 27685, § 104; Ord. No. 711, § 1, 2-2 001/4--25-01) Note--Formerly § 31. CHT: 9 Page 14 of 32 Sec. 24. City Manager-Appointment; qualifications; substitute. I l ' The City Commission shall appoint a City Manager who shall be the administrative head of the municipal government under the direction and supervision of the City Commission, and shall hold office at the pleasure of the City Commission. They shall be chosen solely on the basis of their executive and administrative qualifications, without regard to their political belief, and they need not be a resident of the City or State at the time of their appointment, but during their tenure of office they shall reside in the City. In the absence of a Deputy City Manager, during the absence or disability of the City Manager, the City Commission may designate a properly qualified person, by resolution, to temporarily execute the functions of the office. (Laws of Fla. (1951), ch. 27685, § 23; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly'§ 32. Sec. 25. Same-Removal. The City Manager shall only be removed by the City Commission. (Laws of Fla. (1951), ch. 27685, § 25; Ord. No. 711, § 1, 2-27-01/4--25-01) Note--Formerly § 34. Sec. 26. Same-Functions and Responsibilities. The City Manager shall be responsible to the City Commission for the proper administration of all affairs of the City and to that end, their responsibilities are and shall include: (a) To see that the laws and ordinances are enforced. (b) Except as hereafter specifically provided, to appoint and remove all subordinate officers and employees and of the City; all appointments to be made upon merit and fitness alone. (c) To exercise control and direct supervision over all Departments and divisions of the City under this Charter, or which may be created by the City Commission, including public utilities owned by said City. (d) To see that all terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise are faithfully kept and performed; and upon knowledge of any violation thereof, to call the same to the attention of the City Attorney whose duty it is to take such legal steps as may be necessary to enforce the same. (e) To attend all meetings of the City Commission, and of its Committees, with right to take part in the discussion, but without having a vote. (f) To recommend to the Commission for adoption such measures as they may deem necessary or expedient in the interest of the City. (g) To keep the City Commission fully advised monthly as to the financial condition and needs of the City and to submit for its consideration an annual budget. (h) To enforce and administer any zoning regulations established by said City Commission, but said City Commission shall hear and review any order, requirement, decision, or determination made by them in the enforcement of the zoning regulations. CHT: 10 Page 15 of 32  (i) To perform such other duties as may be prescribed under this Charter or as may be required of them by ordinance or resolution of the City Commission. (j) They shall be purchasing agent for the City, by whom all purchases of supplies shall be made, and they shall approve all vouchers for the payment of same. In the capacity of Purchasing Agent, they shall also conduct all sales of personal property which the Commission may authorize to be sold as having become unnecessary or unfit for the City's use. (Laws of Fla. (1951), ch. 27685, § 26; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 35. Sec. 27. City Attorney-Appointment; duties. The City Commission shall appoint a City Attorney who shall act as the legal advisor to, and attorney and counselor for, the City and all of its officers in matters relating to their official duties. They shall approve all contracts, bonds, and other instruments in writing in which the City is concerned, and no contract with the City shall take effect until their approval is so endorsed thereon. They shall prosecute and defend, for and on behalf of the City, all complaints, suits and controversies in which the City is a party, unless otherwise directed by the City Commission. They shall furnish the City Commission and/or the City Manager their opinion on any question of law relating to their respective powers and duties. They shall perform such other professional duties as may be required of them by ordinance or resolution of the City Commission, or as are prescribed, for City Attorneys under the General Laws of the State which are not inconsistent with this Charter and with any ordinance or resolution which may be passed by the City Commission. (Laws of Fla. (1951), ch. 27685, § 28; Ord. No. 711; § 1, 2-27-01/4-25-01) Note--Formerly § 36. Sec. 28. [Reserved] (Laws of Fla. (1951), ch. 27685, § 29; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 37. Sec. 29. Same-Qualifications. The City Attorney shall be a lawyer who has been properly admitted to the Bar of the State of Florida and is at present in good standing there with. (Laws of Fla. (1951), ch. 27685, § 30; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 38. Sec. 30. [Reserved]. (Laws of Fla. (1951), ch. 27685, § 48; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 39. CHT: 11 Page 16 of 32  Deleted: ¶ ARTICLE IV. ELECTIONS ¶ Sec. 31. Qualifications and Election of City Commission Candidates. The offices of the City Commission, other than Mayor, shall be numbered one through four, inclusive. A candidate for City Commission must declare the seat for which they are running in order to qualify for election. At all elections, the candidate qualifying for that seat or the Mayor seat receiving a majority of votes cast for that seat or the Mayor seat shall be deemed elected. If two or more persons qualify for a seat and none receives a majority of the votes cast for that seat, the two candidates receiving the highest number of votes shall face each other in a runoff election to be held on the Tuesday immediately following the third Monday in May after the general election. The person receiving the highest number of votes at said runoff election shall be elected. The canvass of returns for said runoff election shall be the same as is provided for a general election. If a runoff election is necessary, the incumbent shall remain in office until the runoff election is canvassed and certified. The term of office of a person elected at a general election and a runoff election shall begin immediately upon the canvassing and certification of the runoff election. If any candidate for office withdraws or is removed from the ballot following the end of the qualifying period, which leaves fewer than two candidates for office, the remaining candidate shall be deemed elected unopposed. (Ord. No. 711, § 1, 2-27-01/4-25-01; Ord. No. 754, § 2, 10-14-03/9-9-03) Sec. 32. Canvass of Returns. The result of the voting when ascertained, shall be certified to the Canvassing Board by a return in duplicate, signed by the City Manager and a majority of the Inspectors of the election. Such returns shall be made to the City Commission by the Canvassing Board at the next regular scheduled City Commission meeting, or a special meeting, whichever one occurs first. At such meeting the City Commission shall convey the return and include the results of the election. (Laws of Fla. (1951), ch. 27685, § 100; Ord. No. 711, § 1, 2-27-01/4-25-01) Editor's note--The reference to the hours the polls are open has been editorially deleted as superseded by state law in F.S. § 100.011. Note--Formerly § 55; CHT: 12 Page 17 of 32  PART I CHARTER* Article I. In General Sec. 1. Existing municipality abolished. Sec. 2. Title to property reserved to new municipality. Sec. 3. Contracts remain binding. Sec. 4. New municipality created. Sec. 5. Boundaries. Sec. 6. Powers vested in Commission; designating manner of exercise; abandoned Deleted: c property; payment of ad valorem taxes. Sec. 6A. [Reserved.] Sec. 7. Same-Generally. Sec. 8. Same-Police power; general penalty. Sec. 9. General laws to apply. Sec. 9A. Charter Review. Deleted: [Reserved.] Article II. City Commission Sec. 10. Form of government. Sec. 11. Creation; election of members; term limits. Deleted: compensation Sec. 11A. Mayor Commissioner and Commissioner Compensation. Formatted: Character scale: 110% Sec. 12. Qualifications of members; prohibited interest in City contracts; prohibiting former members from employment. Deleted: c Sec. 13. [Reserved.] Sec. 14. Judge of own elections; felony convictions. Sec. 15. Vacancies. Sec. 15A. Penalty for unexcused absences. Formatted: Character scale: 100% Sec. 16. General law governing City Councils extended to Commissioners. Deleted: c Sec. 17. Mayor-Construed. Deleted: c *Editor's note--This compilation consists of the Charter, Laws of Fla. (1951), ch. 27685, Deleted: c and all subsequent acts relating to the City of Lynn Haven including Laws of Fla. (1933), ch. 16536, and Laws of Fla. (1937), ch. 18668, which were apparently not superseded by Laws of Fla. (1951), ch. 18668. A comparative table will be found immediately following the Charter which shows the disposition of these acts. The provisions of these acts have been arranged by subject matter and numbered consecutively from one through 129 for purposes of indexing and ease of reference. The origin of all sections is given in a historical citation enclosed in parentheses following each section. Where a section or act has been amended, superseded or repealed by a later act, the amended section will list the amendatory acts in chronological order. Only the latest amendment, however, will be set out herein. The editors have supplied catchlines where necessary, inserted material in brackets where necessary to correct obvious errors or for clarification, and have omitted all titles and enacting, repealing, severability and effective date clauses. The absence of a history note indicates that the provision remains unchanged from the original act. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Subsequently, Ord. No. 711, § 1, adopted Feb. 27, 2001, amended, renumbered and repealed various sections of the Charter. The user's attention is directed to the Charter Comparative Table for a detailed analysis of inclusion of said Ord. No. 711. CHT:1 Page 18 of 32  LYNN HAVEN CODE Sec. 18. Same-Functions and duties. Sec. 19. Advisory Boards. Deleted: b Article III. Officers and Employees Sec. 20. Incumbents holding office. Sec. 21. Officers and Departments enumerated. Deleted: d Sec. 22. Compensation. Sec. 23. Civil service system. Sec. 24. City Manager-Appointment; qualifications; substitute. Sec. 25. Same-Removal. Sec. 26. Same-Functions and Responsibilites. Deleted: Powers Sec. 27. City attorney-Appointment; duties. Deleted: duties Sec. 28. [Reserved]. Same-Qualifications. Deleted: Same-Additional duties Sec. 29. Sec. 30. [Reserved]. Deleted: City treasurer and collector Article IV. Elections Sec. 31. Qualifications and election of City Commission Candidates. Formatted: Right: 1.96", Space Before: 0 pt, Line Sec. 32. Canvass of returns. spacing: single CHT:2 Page 19 of 32  CHARTER ARTICLE I. IN GENERAL Sec. 1. Existing municipality abolished. The present municipal government existing under the name of the City of Lynn Haven, Florida be and the same is, hereby abolished. (Laws of Fla. (1951), ch. 27685, § 1) Sec. 2. Title to property reserved to new municipality. The title, rights, and ownership of property, collected and uncollected taxes, dues, claims, judgments, moneys, decrees and choses in action, held or owned by the City of Lynn Haven, Deleted: hitherto under its present or any former charter, shall pass to, and be vested in the municipal corporation organized by and under this act to succeed the municipality abolished. (Laws of Fla. (1951), ch. 27685, § 2) Sec. 3. Contracts remain binding. No debt, obligation, or contract of the City of Lynn Haven, Florida, including bonds and Deleted: said debentures issued, shall be impaired or avoided by this act, but such debts, obligations, Deleted: heretofore contracts, bonds and debentures shall pass to and be binding upon the new municipality which is organized and created. Deleted: hereby (Laws of Fla. (1951), ch. 27685, § 3) Sec. 4. New municipality created. The inhabitants of the City of Lynn Haven, Florida, as its limits are hereafter established, or Deleted: in as such limits may be hereafter established, shall be and continue to be a body politic and corporate to be known and designated as the "City of Lynn Haven," and as such shall have perpetual succession, may have and use a common seal which it may change at pleasure, may contract and be contracted with, may sue and be sued, and may plead and be impleaded in all of the courts of this State. (Laws of Fla. (1951), ch. 27685, § 5) Sec. 5. Boundaries. The corporate limits of the City of Lynn Haven in Bay County, Florida, be, and the same are hereby fixed, defined and established so as to include the following lands and territory in said County of Bay in the State of Florida, to-wit: [The boundary description of the city is not printed herein, but is on file in the City Manager's Deleted: c office.] Deleted: m The territorial limits may be changed; enlarged or contracted in the manner provided by the Deleted: -clerk general law. The jurisdiction of the City of Lynn Haven shall extend over all Deleted: aforesaid CHT:3 Page 20 of 32 persons and property, franchises and privileges located or coming within said limits, and over and upon any property the city may own or possess for municipal purposes outside of said limits. (Laws of Fla. (1951), ch. 27685, § 6) State law reference--Extension of municipal territorial limits, F.S. ch. 171. Formatted: Space Before: 0 pt Sec. 6. Powers vested in Commission; designating manner of exercise; abandoned Deleted: c property; payment of ad valorem taxes. All powers of the City except as otherwise provided by this Charter or by the Constitution Deleted: c of the State, are vested in the City Commission, and except as otherwise provided by this Deleted: hereby Charter or by the Constitution of the State, the City Commission may by ordinance or resolution Deleted: c prescribe the manner in which any power of the city shall be exercised. Deleted: c (Laws of Fla. (1951), ch. 27685, § 10; Laws of Fla. ch. 61-2434, § 1) Deleted: c Editor's note--This section has been editorially amended to delete the reference to Deleted: c municipal courts as municipal courts were abolished pursuant to art. V, § 4(d) of the Florida Constitution. The provision regarding abandoned property on public streets, etc., has been deleted as superseded by F.S. § 705.101 et seq. The statement regarding payment of ad valorem taxes has been editorially deleted as superseded by F.S. ch. 192 et seq. The provision regarding vacating streets, plats, etc., has been editorially transferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973 and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). This section is section 58-26 in the Code of Ordinances. Sec. 6A. [Reserved.] Editor's note--Ord. No. 711, § 1, adopted Feb. 27, 2001, repealed§ 6A which pertained to corporate limits enlarged. See the Charter Comparative Table. Sec. 7. Same-Generally. The City of Lynn Haven hereby created, established and organized, shall have full power and authority to acquire, take, hold and control property real, personal and mixed, both within and without its corporate limits for the use, benefit, welfare and best interest of said municipality, by purchase, lease, grant, gift, devise, condemnation or otherwise, and to sell, lease or otherwise dispose of such property for the benefits of said municipality to the same extent that a natural person might or could do; to issue and sell bonds, debentures and certificates of indebtedness or other obligations, upon its property both within and without its corporate limits, or in the earnings thereof, or both, for any lawful municipal purpose. (Laws of Fla. (1951), ch. 27685, § 7; Ord. No. 711, § 1, 2-27-01/4-25-01) Editor's note--Parts of this section regarding enumerated powers which have not been amended by referendum after July 1, 1973 and which are not extraterritorial powers have been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and RS. ch. 166 and the provisions regarding planning have been superseded by F.S. § 163.3161 et seq. CHT:4 Page 21 of 32 Sec. 8. Same-Police power; general penalty. The City Commission shall have power to pass all such ordinances and laws, not inconsistent with the Constitution and laws of the United States and of this State, as may be expedient and necessary for the preservation of the public safety, peace and order. (Laws of Fla. (1951), ch. 27685, § 106) Editor's note--Parts of this section which have not been amended by referendum after Formatted: Space Before: 0 pt July 1, 1973 and which are not extraterritorial powers have been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. Sec. 9. General laws to apply. All general laws of the State applicable to municipal corporations, now or which are to be Deleted: hereafter enacted, and which are not in conflict with the provisions of this Charter or with the ordinances and resolutions enacted by the City Commission, shall be applicable to this City; provided, Deleted: hereafter however, that nothing contained in this Charter shall be construed as limiting the power of the City Commission to enact any ordinance or resolution not in conflict with the Constitution of the State or with the express provisions of this Charter. (Laws of Fla. (1951), ch. 27685, § 107) State law reference--Municipal home rule powers, F.S. ch. 166. Sec. 9A. Charter Review. Deleted: [Reserved.] This Charter shall be reviewed by a Committee appointed by resolution of the City Commission every five years. Editor's note--Ord. No. 711, § 1, adopted Feb. 27, 2001 repealed§ 9A, which pertained to procedure for amending charter. See the Charter Comparative Table. ARTICLE II. CITY COMMISSION* Sec. 10. Form of government. The form of government of the City of Lynn Haven provided for under this act [Laws of Fla. Deleted: G (1951), ch. 27685] shall be known as the "Commission-Manager Plan." The City Commission shall constitute the governing body with powers to pass ordinances, adopt resolutions and Deleted: as hereinafter provided appoint a chief administrative officer to be known as the "City Manager." (Laws of Fla. (1951), ch. 27685, § 8; Ord. No. 711, § 1, 2-27-01/4-25-01) State law reference--Municipal home rule powers, F.S. ch. 166. Sec. 11. Creation; election of members; term limits. Deleted: compensation A City Commission is hereby created to consist of a Mayor-Commissioner and four Commissioners who shall be qualified as hereafter prescribed and whose term of office shall Deleted: c begin immediately following the canvass of and certification of election returns as provided Deleted: in herein Elections shall be held on the Tuesday immediately following the third Monday in April Deleted: . CHT:5 Page 22 of 32 with any necessary run-off election to be held the Tuesday immediately following the third Monday in May. The City shall hold elections for the Mayor-Commissioner and Commissioners every year ending in an odd number after the election of 2009. The Mayor- Deleted: c Commissioner and Commissioner seats one and two shall be elected every four years starting Deleted: c with the election of 2011. Commissioner seats three and four shall be elected every four years starting with the election of 2009. The Mayor-Commissioner and the Commissioners shall be Deleted: c elected at large in the City. The incumbent shall hold office until a successor is elected and qualified as herein provided. . No Mayor-Commissioner or Commissioner shall serve more Deleted: The Mayor-Commissioner and the than eight (8) years in office, not inclusive of any partial terms. commissioners shall receive such compensation as the City Commission may *Code reference--City commission, § 2-26 et seq, fix and designate by ordinance, which State law references--Code of ethics, F.S. § 112.311 et seq.; open records law, F.S. ch. 119; ordinance must first be approved by open meetings law, F.S. § 286.011 et seq. (Laws of Fla. (1951), ch. 27685, § 9; Laws of Fla. referendum… ch. 69-1271, § 1; Ord. No. 711, § 1, 2-27-01/4-25-01; Ord. No. 754, § 1, 10-14-03/9-9-03); Ord. No. 868, § 1, 1-23-07/4-17-07) Sec. 11A. Mayor-Commissioner and Commissioner Compensation. Compensation for the Mayor-Commissioner shall be $1,500.00 per month and each Commissioner shall be S1,250.00 per month, with a cost of living adjustment each fiscal year consistent with any such adjustment given to the employees of the City, so long as said adjustment is approved in the annual budget. Sec. 12. Qualifications of members; prohibited interest in City contracts; Deleted: c prohibiting former members from employment. Members of the Commission shall be qualified electors and residents of the City. Officers Deleted: said and employees of the City shall not be interested in the profits or emoluments of any contract, work or service for the City, and any such contract in which any member is, or may become Deleted: municipality interested, shall be declared void by the Commission. Members of the Commission shall not become employed by the City for a period of not less than two years after leaving office. Deleted: c (Laws of Fla. (1951), ch. 27685, § 11; Ord. No. 711, § 1, 2-27-01/4-25-01) Sec. 13. [Reserved.] Editor's note--Ord. No. 711, § 1, adopted Feb. 27, 201, repealed § 13, which pertained to candidates prohibited from making certain promises. See the Charter Comparative Table. Sec. 14. Judge of own elections; felony convictions. The Commission shall be the judge of the election and qualification of its own members subject to review by the courts. The Commission shall serve as the Canvassing Board. Any member of the Commission who shall be convicted of felony while in office shall immediatelyforfeit their office. Deleted: thereby (Laws of Fla. (1951), ch. 27685, § 13; Ord. No. 711, § 1, 2-27-01/4-25-01) Deleted: Deleted: his Sec. 15. Vacancies. Page 23 of 32  Any vacancy in the Commission may be filled until the next regular municipal election by Deleted: shall vote of the remaining members of the Commission; provided that if such vacancy is not filled Deleted: ten within thirty (30) days after it shall have occurred, appointment to fill such vacancy shall be made by the Governor of the State of Florida and provided further, that vacancies resulting Deleted: in from a recall election shall be filled in the manner hereafter prescribed. (Laws of Fla. (1951), ch. 27685, § 14) State law reference--Filling of vacancies by the Governor, F.S. § 112.51(3). Deleted: g Sec. 15A. Penalty for unexcused absences. Absence from three consecutive regular meetings of the City Commission shall operate to vacate the seat of a member, unless such absence is excused by the City Commission. Sec. 16. General law governing City Councils extended to Commissioners. Deleted: c Any right or authority given or permitted by the Constitution and laws of the State of Florida Deleted: c to City Councils not inconsistent with the provisions of this Act shall be given, permitted and Deleted: c extended to the City Commissioners of the City of Lynn Haven. (Laws of Fla. (1951); ch. 27685, § 108; Ord. No. 711, § 1, 2-27-01/4-25-0i) State law reference--Municipal home rule powers, F.S. ch. 166. Note--Formerly§ 20. Sec. 17. Mayor-Construed. Whenever the term Mayor is used in this Charter, it is understood to refer to the Mayor- Commissioner. (Laws of Fla. (1951), ch. 27685, § 15; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 21. Sec. 18. Same-Functions and duties. The Mayor shall preside at all meetings of the Commission and perform such other duties consistent with their office as may be imposed upon them by the Commission and they shall Deleted: him have a voice and a vote in the proceedings of the Commission, but no veto power. They shall Deleted: he use the title of Mayor in any case in which the execution of legal instruments in writing, or Deleted: He other necessity arising from the general laws of the State, so requires. They shall be recognized Deleted: He as the official head of the City by the Courts for the purpose of serving civil processes; by the government in the exercise of military law, and for all ceremonial purposes, and shall countersign all checks and vouchers prepared by the City Manager. They may take command Deleted: He of the police and fire departments and govern the city by proclamation during the times of grave public danger or emergency, and they shall themselves be the judge of what constitutes Deleted: he such danger or emergency. The powers and duties of the Mayor shall be such as are conferred Deleted: himself upon them by this Charter and by the City Commission in pursuance of the provisions of this Deleted: him Charter, and no others. In the absence or disability of the Mayor the other members of the City Deleted: one of their number to perform his Commission shall select a Mayor Pro Tem to serve in the Mayor’s absence. No Commissioner duties… CHT:6 Page 24 of 32 may serve as Mayor Pro Tem more than once during a four year term. (Laws of Fla. (1951), ch. 27685, § 16; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 22. ARTICLE III. OFFICERS AND EMPLOYEES* Sec. 19. Advisory Boards. Deleted: b The City Commission may at any time appoint an Advisory Board (or Boards), composed of men and women who are residents of the City of Lynn Haven and who are not disenfranchised by law. These people shall act in an advisory capacity to the City Commission or City Manager with respect to the management of City property or the exercise of any public function. An individual shall only serve on one standing Board at a time. Service by an individual on a standing Board, except the Planning Commission, is limited to six (6) consecutive years. An individual on the Planning Commission shall not serve more than eight (8) consecutive years. (Laws of Fla. (1951), ch. 27685, § 51; Ord. No. 711, § 1, 2-27-01/4-25-01) Editor's note--The reference to freeholder in this section has been deleted as it is of questionable validity pursuant to a decision in Turner v. Fouche, 396 U.S. 346 (1969). Note--Formerly § 25. Sec. 20. Incumbents holding office. All officers elected or appointed and holding office in the City shall continue to hold their Deleted: heretofore respective offices and to discharge the duties thereof until their successors are elected and Deleted: under confirmed under the provisions of this act [Laws of Fla. (1951), ch. 27685]; provided, that if Deleted: said municipality no such successors are clearly provided for in this act [Laws of Fla. (1951), ch. 27685], then such officers shall hold office and discharge their duties only during the pleasure of the City Commission herein created; and all existing ordinances of the City, not in conflict with the Deleted: said municipality provisions of this act [Laws of Fla. (1951), ch. 27685], shall continue in effect and unimpaired until repealed, amended or modified by the City which is hereby organized and created. Deleted: municipality (Laws of Fla. (1951), ch. 27685, § 4; Ord. No. 711, § 1, 2-27-01/4-25-01) Editor's note--Laws of Fla. (1951), ch. 27685, became effective on June 11, 1951. Note--Formerly §.26. Deleted: d Deleted: d Sec. 21. Officers and Departments enumerated. Deleted: (in addition to the City Manager) Deleted: Clerk Officers and Departments of the City of Lynn Haven shall consist of a City Attorney, Police Chief, Fire Chief, City Manager, Public Works Director, Finance Director and those Deleted: d Departments as established by ordinance. The heads of each and every Department shall be Deleted: d appointed by the City Manager with the advice and consent of a majority of the Commission, Deleted: his or, upon their failure to do so, the Mayor-Commissioner may make such appointments if it is Deleted: Nothing herein shall be construed deemed necessary or expedient by the majority of the City Commission, and in either event, to prevent the City Manager from acting as head of any department, upon his being so such appointment shall be made with the advice and consent of the majority of the City accepted by the majority of the City Commission. In the event of the vacancy of a Department Head, nothing herein shall be Commission… CHT:7 Page 25 of 32 construed to prevent the City Manager from acting as head of any Department, or appointing a Deputy Department Head, with commensurate compensation, upon their being accepted by the majority of the City Commission. (Laws of Fla. (1951), ch. 27685, § 27; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 27. . Code reference--Officers and employees, § 2-106 et seq. Sec. 22. Compensation. The Commission shall fix by ordinance, the compensation of all City employees and members of Boards. The compensation so fixed, shall be uniform for like services in each grade Deleted: b of the City service as the same shall be graded or classified by the City Manager, or the City Commission. (Laws of Fla. (1951), ch. 27685, § 94; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 28. *Code reference-Officers and employees, § 2-106 et seq. Sec. 23. Civil service system. The City Commission of Lynn Haven, Florida may, at its discretion, institute a civil service system for hiring and discharging its employees. (Laws of Fla. (1951), ch. 27685, § 104; Ord. No. 711, § 1, 2-2 001/4--25-01) Note--Formerly § 31. Sec. 24. City Manager-Appointment; qualifications; substitute. I l ' The City Commission shall appoint a City Manager who shall be the administrative head of the municipal government under the direction and supervision of the City Commission, and shall hold office at the pleasure of the City Commission. They shall be chosen solely on the Deleted: He basis of their executive and administrative qualifications, without regard to their political Deleted: his belief, and they need not be a resident of the City or State at the time of their appointment, but Deleted: his during their tenure of office they shall reside in the City. In the absence of a Deputy City Deleted: he Manager, during the absence or disability of the City Manager, the City Commission may Deleted: his designate a properly qualified person, by resolution, to temporarily execute the functions of the office. Deleted: his (Laws of Fla. (1951), ch. 27685, § 23; Ord. No. 711, § 1, 2-27-01/4-25-01) Deleted: he Note--Formerly'§ 32. Deleted: During the absence or disability of the City Manager, the City Commission may designate some properly qualified person Sec. 25. Same-Removal. The City Manager shall only be removed by the City Commission. (Laws of Fla. (1951), ch. 27685, § 25; Ord. No. 711, § 1, 2-27-01/4--25-01) Note--Formerly § 34. CHT:8 Page 26 of 32 Sec. 26. Same-Functions and Responsibilites. Deleted: Powers The City Manager shall be responsible to the City Commission for the proper administration Deleted: duties of all affairs of the City and to that end, their responsibilities are and shall include: Deleted: his (a) To see that the laws and ordinances are enforced. Deleted: powers Deleted: they (b) Except as hereafter specifically provided, to appoint and remove all subordinate officers and employees and of the City; all appointments to be made upon merit and Deleted: be fitness alone. Deleted: in (c) To exercise control and direct supervision over all Departments and divisions of the Deleted: d City under this Charter, or which may be created by the City Commission, Deleted: municipal government including public utilities owned by said City. Deleted: hereafter (d) To see that all terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise are faithfully kept and performed; and upon knowledge of any violation thereof, to call the same to the attention of the City Attorney whose duty it is to take such legal steps as may be necessary to enforce Deleted: hereby made the same. (e) To attend all meetings of the City Commission, and of its Committees, with right to take part in the discussion, but without having a vote. (f) To recommend to the Commission for adoption such measures as they may deem Deleted: he necessary or expedient in the interest of the City. (g) To keep the City Commission fully advised monthly as to the financial condition and needs of the City and to submit for its consideration an annual budget. (h) To enforce and administer any zoning regulations established by said City Commission, but said City Commission shall hear and review any order, requirement, decision or determination made by them in the enforcement of the Deleted: him zoning regulations. (i) To perform such other duties as may be prescribed under this Charter or as may be required of them by ordinance or resolution of the City Commission. Deleted: him (j) They shall be purchasing agent for the City, by whom all purchases of supplies shall Deleted: He be made and they shall approve all vouchers for the payment of same. In the Deleted: he capacity of Purchasing Agent they shall also conduct all sales of personal Deleted: he CHT:9 Page 27 of 32  property which the Commission may authorize to be sold as having become unnecessary or unfit for the City's use. Deleted: c (Laws of Fla. (1951), ch. 27685, § 26; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 35. Sec. 27. City Attorney-Appointment; duties. Deleted: a The City Commission shall appoint a City Attorney who shall act as the legal advisor to, and attorney and counselor for, the City and all of its officers in matters relating to their official Deleted: municipality duties. They shall approve all contracts, bonds, and other instruments in writing in which the Deleted: He City is concerned, and no contract with the City shall take effect until their approval is so Deleted: municipality endorsed thereon. They shall prosecute and defend, for and in behalf of the City, all complaints, Deleted: municipality suits and controversies in which the City is a party, unless otherwise directed by the City Deleted: his Commission. They shall furnish the City Commission and/or the City Manager their opinion on any question of law relating to their respective powers and duties. They shall perform such Deleted: He other professional duties as may be required of them by ordinance or resolution of the City Deleted: He Commission, or as are prescribed, for City Attorneys under the General Laws of the State which Deleted: his are not inconsistent with this Charter and with any ordinance or resolution which may be passed by the City Commission. (Laws of Fla. (1951), ch. 27685, § 28; Ord. No. 711; § 1, 2-27-01/4-25-01) Note--Formerly § 36. Sec. 28. [Reserved] Deleted: ¶ (Laws of Fla. (1951), ch. 27685, § 29; Ord. No. 711, § 1, 2-27-01/4-25-01) Deleted: Same-Additional duties. Note--Formerly § 37. Deleted: ¶ In addition to the duties specifically imposed Sec. 29. Same-Qualifications. under the preceding section [section 27 of this compilation]' he The City Attorney shall be a lawyer who has been properly admitted to the Bar of the State Deleted: shall perform such other of Florida and is at present in good standing therewith. professional duties as may be required of him (Laws of Fla. (1951), ch. 27685, § 30; Ord. No. 711, § 1, 2-27-01/4-25-01) by ordinance or resolution of the City Commission, or as are prescribed, for City Note--Formerly § 38. Attorneys under the General Laws of the State which are [not] inconsistent with this Sec. 30. [Reserved]. Charter and with any ordinance or resolution which may be passed by the City Commission.… (Laws of Fla. (1951), ch. 27685, § 48; Ord. No. 711, § 1, 2-27-01/4-25-01) Deleted: City treasurer and collector. Note--Formerly § 39. Deleted: There shall be a City Treasurer and Collector who shall be a member of the City Commission and who shall countersign all checks and vouchers prepared by the City Manager.… CHT:10 Page 28 of 32  ARTICLE IV. ELECTIONS Sec. 31. Qualifications and Election of City Commission Candidates. Deleted: e The offices of the City Commission, other than Mayor, shall be numbered one through four, inclusive. A candidate for City Commission must declare the seat for which they are running Deleted: he in order to qualify for election. At all elections, the candidate qualifying for that seat or the Deleted: is Mayor seat receiving a majority of votes cast for that seat or the Mayor seat shall be deemed elected. If two or more persons qualify for a seat and none receives a majority of the votes cast for that seat, the two candidates receiving the highest number of votes shall face each other in a runoff election to be held on the Tuesday immediately following the third Monday in May after the general election. The person receiving the highest number of votes at said runoff election shall be elected. The canvass of returns for said runoff election shall be the same as is provided for a general election. If a runoff election is necessary, the incumbent shall remain in office until the runoff election is canvassed and certified. The term of office of a person elected at a general election and a runoff election shall begin immediately upon the canvassing and certification of the runoff election. If any candidate for office withdraws or is removed from the ballot following the end of the qualifying period, which leaves fewer than two candidates for office, the remaining candidate shall be deemed elected unopposed. (Ord. No. 711, § 1, 2-27-01/4-25-01; Ord. No. 754, § 2, 10-14-03/9-9-03) Sec. 32. Canvass of Returns. Deleted: r The result of the voting when ascertained, shall be certified to the Canvassing Board by a return in duplicate, signed by the City Manager and a majority of the Inspectors of the election. Deleted: clerk Such returns shall be made to the City Commission by the Canvassing Board at the next regular Deleted: i scheduled City Commission meeting, or a special meeting, whichever one occurs first. At such Deleted: at a meeting to be held at 12 noon meeting the City Commission shall convey the return and include the results of the election. on the day following (Laws of Fla. (1951), ch. 27685, § 100; Ord. No. 711, § 1, 2-27-01/4-25-01) Deleted: the election. Editor's note--The reference to the hours the polls are open has been editorially deleted as superseded by state law in F.S. § 100.011. Note--Formerly § 55; CHT:11 Page 29 of 32 Referendum Question 1 Mandating Periodic Charter Review Shall the City’s Charter be reviewed every five (5) years by a Committee appointed by the City Commission. If passed, the amendment will require the City Commission to appoint a Charter Review Committee every five (5) years by Resolution. YES NO Referendum Question 2 Adding Term Limits Shall the term of office for any Commissioner not exceed a total of eight (8) consecutive years, not inclusive of any partial term, plus eight (8) years as Mayor. If passed, this amendment will create a term limit of eight (8) consecutive years for any Commissioner, not including partial terms, plus a term limit of eight (8) years as Mayor, not including any partial terms. YES NO Referendum Question 3 Fixing Compensation for the Mayor and Commissioners Shall the compensation for the Mayor and Commissioners be established at a fixed amount subject only to cost of living increases. If passed, this amendment shall fix the compensation for the Mayor at $1,500.00 per month and the compensation for each Commissioner at $1,250.00 per month subject to cost of living adjustments consistent with any such adjustments provided to the employees of the City as approved in the annual budget. YES NO Page 30 of 32 Referendum Question 4 Requiring Background Checks for the City Manager and all Department Heads Shall the City require level 2 background screenings for the City Manager and all City Department Heads. If passed, this amendment will require that the City conduct level 2 background screenings, including sex offender registry checks and criminal background checks, on the City Manager and all Department Heads prior to appointment of hiring. This amendment provides for certain disqualifying offenses. YES NO Referendum Question 5 Providing a Penalty for Unexcused Absences by Members of the City Commission Shall the City Charter be amended to provide for a penalty for unexcused absences by a member of the City Commission. If passed, this amendment shall cause any member of the City Commission to vacate office if absent from three consecutive regular Commission meetings unless the absence is excused by the City Commission. YES NO Referendum Question 6 Approving Charter Updates Assigning Duties in the Absence of the Mayor or City Manager Shall the City Charter be amended to provide for the appointment of a Mayor Pro Tem to serve in the Mayor’s absence; to allow the City Manager to serve as a Department Head where no Deputy Department Head is available; and to allow the City Commission to appoint an interim City Manager when no Deputy City Manager is available. If passed, this amendment clarifies and provides for the appointment by the City Commission of a Mayor Pro Tem annually in May to serve in the Mayor’s absence and that no Commissioner may serve more than once during a four (4) year term. This amendment also clarifies and provides for the City Commission to appoint an interim City Manager in the absence of a Deputy City Manager. Finally, this amendment allows the City Manager to serve as a Department Head or appoint a Deputy Department Head in the event of the vacancy of a Department Head with the approval of the City Commission YES Page 31 of 32 NO Referendum Question 7 Clarifying Election Procedures and Canvass of Returns Shall the City Charter be amended to allow for the unopposed election of a candidate for office when another candidate or candidates withdraw or are removed from the ballot following the end of the qualifying period leaving only one candidate remaining on the ballot; and shall the results of the canvass of returns be reported to the City Commission at the next regularly scheduled Commission meeting. If passed, this amendment clarifies that when only one candidate remains on the ballot due to any reason, said candidate shall be deemed elected unopposed; and further amends the City Charter to provide for the results of the election to be reported to the City Commission at the next regularly scheduled Commission meeting as opposed to the day following the election. YES NO Referendum Question 8 Approving Miscellaneous Charter Updates Correcting Formatting and Grammar, Deleting Gender Specific References, Combining Duties of the City Attorney into one Section of the Charter and Removing Obsolete Language and Offices Shall the City Charter be amended to update matters relating to formatting and grammar, replacing gender specific references to make said references gender- neutral, deleting obsolete language and terminology, and combing the duties of the City Attorney into one Section of the Charter, and other amendments all as specifically set forth in Ordinance XXXX unanimously adopted by the City Commission on [insert date]. YES NO Page 32 of 32