Board of Commissioners Workshop Meeting

MINUTES BOARD OF COMMISSIONERS CHARTER AMENDMENTS WORKSHOP MEETING DECEMBER 6, 2018 A charter amendments workshop meeting of the City of Madeira Beach Board of Commissioners was held at 6:00 p.m. on December 6, 20 18 in the Patricia Shontz Commission Chambers at City Hall, located at 300 Municipal Drive, Madeira Beach, Florida. Mayor Black called the meeting to order. MEMBERS PRESENT: Maggi Black, Mayor Deby Weinstein, Vice-Mayor/Commissioner District 1 Nancy Hodges, Commissioner District 2 Nancy Oakley, Commissioner District 3 John Douthirt, Commissioner District 4 MEMBERS ABSENT: None. CITY STAFF PRESENT: Jonathan Evans, City Manager Andrea Gamble, Deputy Clerk Ralf Brookes, City Attorney 1. CALL TO ORDER Mayor Black called the meeting to order at 6:00 p.m. 2. ROLL CALL Andrea Gamble, Deputy Clerk, called the roll. 3. TOPICS A. Discussion of Charter Amendments for placement on the March 12, 2019 Municipal Ballot - Clara VanBlargan, City Clerk/Election Official; RalfBrookes, City Attorney Mayor Black suggested accepting public comment on a ll the amendments. Commissioner Douthirt said it would be confusing and suggested allowing public comment as they proceeded th.rough each amendment. Mayor Black proceeded to Ballot Question # 1. December 6, 20 18, BOC Charter Amendments Workshop Meeting Minutes Page 1 of25  BALLOT QUESTION #1 Simple Maiority Vote This charter amendment would require a simple majority vote of a quorum, or members present and eligible to vote, instead of three affirmative votes for most actions of the Board of Commissioners including Ordinances, Resolutions and other routine actions of the Board. Should the Charter be amended? Yes No CHARTER AMENDMENT #1 Amended Charter text (underline and strikethrough): Voting. Unless otherwise expressly provided by this Charter, Ordinances, Resolutions and other actions requiring a vote of the Board of Commissioners shall require a majority affirmative roll call vote three (3) affirmative votes for passage and shall be by roll call vote upon request of any member of the Board of Commissioners. .... City Attorney Ralf Brookes suggested putting all the questions on the Ballot in March or placing some of them on the November Ballot. He then explained Ballot Question #1. Doreen Moore, Chair of the Charter Review Committee, explained that by reducing the number, it would make it more cohesive and avoid a deadlock, two to two votes, if there were only four members present. The City Attorney clarified that under the current Charter, a quorum of three would need a unanimous vote for anything to pass. If the amendment passed, it would require a simple majority vote to be sufficient, two to one in the case of a three-person quorum. Ms. Moore said it was difficult to require the entire quorum of five to be present for a majority vote to be sufficient. Mayor Black recalled a time when the Board only had three members in attendance, and they decided postponing the meeting. Vice-Mayor Weinstein questioned if it was proper to cancel a regularly scheduled meeting, due to only three Board Members in attendance. City Manager Jonathan Evans said it was the difficulty that the Board faced. Every item on the agenda needed an unanimous vote of the three members present, because of the nature of the items that were on the agenda or those that were public policy intensive. Because there could be some type of adverse effect on the agenda, and instead of risking it, staff preferred to postpone the meeting. Vice-Mayor Weinstein said she agreed with the thinking behind it and agreed with the wording of the simple majority vote. Mayor Black said ifthere are two people out of five, that is not the voice of the Commission. December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 2 of25 Ms. Moore suggested adding verbiage allowing the Mayor to make a motion postponing the meeting, if there was no quorum. The Mayor said it did not happen that often. The City Manager said staff would be supportive either way. The only issue would be, if there was a time sensitive issue. The City Attorney said if the Board liked the language as is in the Charter, they could reject the committee's recommendation. Mayor Black opened to public comment. Helen Palladeno, 13319 Boca Ciega Avenue, said as a citizen, she preferred there be an occasional cancellation, or postponed meeting, rather than having only two Commission members passing an ordinance making policy. Mayor Black closed to public comment. The City Manager asked the City Attorney if the Commission could adopt, as part of their legislative policy at the beginning of the year, some type of language stating that they preferred items that are time sensitive in nature or could have major implications, if passed or discussed, could be postponed. The Mayor said they did not need legislation saying that, they could just do it as a matter of course. Following the discussion, the Board consented to placing Ballot Question #1 on the March Ballot, and with changing the language, "of a quorum, or members present" to, "of a quorum of Commissioners present." Helen Palladeno, 13319 Boca Ciega Avenue, said she did not know how they could get around the first five or six words of the language in the Charter stating, ''Unless otherwise expressly provided by this Charter, .... " To her, that meant the Commissioner's handbook could not be used to change things, the Charter would trump the handbook. It would have to be rewritten, in some way. The City Attorney agreed with the City Manager's approach. They could decide postponing agenda items, as they felt necessary. The City Manager said the resolution adopting the handbook governed how the manager puts the item on the agenda. It does not preclude the Board from doing items, because the Charter trumps it. From staff's standpoint, it sets a clear delineation of what they could or could not do. They had to adhere to that, or it would be a violation to the resolution adopting the legislation in the manual. It allows staff not to move forward with items that are inconsistent with the Board's legislative intent. BALLOT QUESTION #2 Term Limits This charter amendment would amend the charter to establish new consecutive terms limits. The Mayor and District Commissioners shall serve no more than three (3) consecutive regular terms and shall not seek re-election for a period of two (2) years for either Mayor or District Commissioner. December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 3 of25  Should the Charter be amended? Yes No CHARTER AMENDMENT #2 Amended Charter text (underline and strikethFOugh): [new/ Section 3.5. Consecutive Term Limit: The Mayor and District Commissioners shall serve no more than three (3) consecutive elected terms of office and shall not seek re-election for a period of two (2) years for either Mayor or District Commissioner. These term restrictions shall not include appointed, non-regular terms of office. Mayor Black commented in favor of Ballot Question #2. Commissioner Douthirt suggested that Commission members should sit out for two term limits instead of one. Mayor Black said two years was reasonable. Vice-Mayor Weinstein commented in favor of the language, as is. Ms. Moore explained the reasoning for the amendment. Mayor Black opened to public comment. Helen Palladeno, 13319 Boca Ciega Avenue, commented in favor of having term limits. She requested that the clock be reset for everyone on the Board, so it would be term one for everybody when passed. Vice-Mayor Weinstein asked Ms. Moore if the Committee had discussed that, and Ms. Moore replied no, and that there was no discussion of resetting or retroactive. Vice-Mayor Weinstein agreed that the term they were currently serving should be clarified to term one. The City Attorney suggested adding verbiage to clarity. There should be expressed language, with no ambiguity. He suggested adding the language, "Beginning on March 13, 2019 .... " Commissioner Oakley said that would start everyone back to ground zero, at that point, and the City Attorney confirmed so. Mayor Black opened to public comment. December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 4 of25 Linda Hein, 401 150th A venue, agreed that the fairest way to do it was to start the term over if passed. Mayor Black closed public comment and concluded there was a consensus to go forward. BALLOT QUESTION #3 Forfeiture of Office for Knowing Violations This charter amendment would provide that a Commissioner shall forfeit office if the commissioner is found to have knowingly violated the Sunshine Laws, Ethics Laws, or Public Records Laws Should the Charter be amended? Yes No CHARTER AMENDMENT #3 Amended Charter text (underline and stFilcethre11gh): Section 2.2.D. *** 2. Forfeiture of Office. A Commissioner shall forfeit ms the Commissioner's office if he the Commissioner: *** (d) Is found to have knowingly violated the Sunshine Laws, Ethics Laws, or Public Records Laws. *** Mayor Black said she did not like the language, "knowingly." Commissioner Douthirt said he did not believe there was a way to discern if someone had knowingly violated. Vice-Mayor Weinstein said Charter Amendment 3 and 5 go together. Linda Hein, 401 150th Avenue, said if decided there was a violation, it would go to court. Ms. Moore explained that the Commission would not be determining the violation, but the entity the complaint was filed with, such as with the Commission on Ethics. December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 5 of25  The City Attorney said in the existing charter, the grounds for forfeiture of office were listed as conviction of a felony or misdemeanor involving moral turpitude. In most cases, a Sunshine Law or Public Records Law violation is not considered moral turpitude, but a violation of the Ethics Law is. Commissioner Douthirt said it could become very convoluted. The City Attorney suggested they leave the Charter as is. Vice-Mayor Weinstein said a violation of the Election Law should be included, because of frequent abuse. Vice-Mayor Weinstein said it was important, as it depicted the actions of someone, before coming into office. The City Attorney said the penalty for many infractions is a fine, not necessarily a forfeiture of the seat. • Mayor Black opened to public comment. Linda Hein, 401 150th Avenue, asked who determined if an infraction was committed knowingly. The City Attorney said if Charter Amendment #3 passed, and #5 did not, it would be the Commission, and if both passed, it would be a special magistrate. Ms. Moore said it was the intention of the Committee for the Board of Commissioners to be the judge and jury. Vice Mayor Weinstein asked if#3 and #5 would be combined. The City Attorney said #4 applied to forfeiture, and that #3, #4, and #5 could be combined. Vice-Mayor Weinstein said she did not think #4 applied to #3 and #5. She would rather #3 and #5 be combined, and #4 to be separate, and asked if Election Law could be added in the language. Commissioner Oakley said a violation of an Election Law is different from the other violations, and it should not prevent a person from holding office. The Board consented to combining Charter Amendment #3 and #5 and keeping #4 separate. BALLOT QUESTION #4 Forfeiture of Office after 3 Unexcused Absences This charter amendment would provide that a Commissioner shall forfeit office if the commissioner fails to attend three (instead of four) consecutive regular, scheduled meetings, or regular scheduled workshop meetings without being excused by the Board of Commissioners. December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 6 of25  Should the Charter be amended? _ _ Yes No CHARTER AMENDMENT #4 Amended Charter text (underline and stFikethFough.): Section 2.2.D. *** 2. Forfeiture of Office. A Commissioner shall forfeit his the Commissioner's office if he the Commissioner: *** (e) Fails to attend ffHIP three consecutive regular, scheduled meetings, or regular scheduled workshop meetings of the Board of Commissioners without being excused by the Board of Commissioners. *** The City Attorney suggested removing the word, "scheduled," as all regular meetings were scheduled, which did not include special meetings. The Board consented moving forward and to removing the word, "scheduled." BALLOT QUESTION #5 Forfeiture Proceedings by Special Magistrate This charter amendment would establish a forfeiture of office procedure referring forfeiture allegations against a Board of Commissioner to a public hearing held before a Special Magistrate, who shall have power to subpoena witnesses, administer oaths and require production of evidence and make a final decision as to forfeiture of office that would then be subject to judicial review. Should the Charter be amended? _ _ Yes No CHARTER AMENDMENT #5 Amended Charter text (underline and stFikethrough): December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 7 of25  Section 2.3 Judge of quelifieatians forfeiture and action. The Board of Commissioners shall he the judge of the eleetion and the qualifieations of its members and of the grounds for ferfeiture of their offiee and fer the purpose shall have power to subpoena witnesses, administer oaths and require produetion of e:videnee. A member eharged with eonduet eonstituting grounds fer forfeiture of his offiee shall he entitled to a publie hearing on demand and notiee of sueh hearing shall he published in one or more newspapers of general eireulation in the City at least one weel, in advanee of the hearing. Deeisions made hy the Board of Commissioners under this seetion shall he suhjeet to re:view hy Courts of eompetent jurisdietion within this State. A Board of Commission member may be charged with forfeiture of office by motion, second and a simple majority vote of the Board of Commissioners and the forfeiture matter will then be referred to a Special Magistrate. The charged Commissioner may within five (5) business days either reguest a public hearing before the Special Magistrate or resign. The Special Magistrate shall hold a public hearing on the forfeiture matter no later than 30 days after the Commissioner's request is filed with the City Clerk. Notice of the public forfeiture of office hearing shall be published in one or more newspapers of general circulation in the City at least one week in advance of the Special Magistrate hearing. The decision of the Special Magistrate is final, but the Special Magistrate's final decision may be subject to judicial review by the Circuit Court of Pinellas County. Mayor Black agreed that #5 should be combined with #3, and to include the utilization of a special magistrate in the language. Mayor Black opened to public comment. Helen Palladeno, 13319 Boca Ciega Avenue, agreed with combining #3 and #5. She questioned the process of who determined a committed knowingly violation. The City Attorney clarified the process. He agreed to amend the verbiage to include that if the judge or ethics committee did not determine that the infraction was committed knowingly, they will utilize a special magistrate. The Board consented. Following discussion, the Board consented to moving forward with Ballot Question #5. BALLOT QUESTION #6 Adjustment of District Boundaries every 5 Years This charter amendment would require that every five years the Board of Commissioners shall by Ordinance review and if necessary, change the existing municipal district boundaries to ensure that each district shall be approximately equal in number of residents December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 8 of25  Should the Charter be amended? _ _ Yes No CHARTER AMENDMENT #6 Amended Charter text (underline and strili:ethraugh): Section 3.2 Election district. Each district shall be approximately equal in number of residents: A. The Board of Commissioners shall divide the territory lying within the municipal boundaries of the City of Madeira Beach, Florida, into four ( 4) areas to be known as districts. These four ( 4) districts shall be created by the Board of Commissioners by dividing the territory lying within the municipal boundaries of the City of Madeira Beach, Florida, so that each district shall contain, as nearly as possible, the same number of electors. The district shall be numbered from one (1) through four (4), in order, from South to North, with District No. 1, being that district lying most southerly with the municipal boundaries. Upon completion of the division of the municipal territory into four ( 4) districts, the Board of Commissioners shall forthwith prepare a map setting forth the four ( 4) districts, showing their numbers and boundaries, and file same with the City Clerk. B. Every five years the Board of Commissioners shall, ie the yeeF 1978, by Ordinance either change the existing boundaries of said districts as it may deem equitable spedieet or to reaffirm the old district boundaries so that each district shall contain as nearly as possible the same number of electors; and similar Ordinances either changing or affirming the said district boundary lines for this purpose shall be passed every flHIP five years thereafter. If, prior to the passage of any Ordinance or Ordinances and applicable to district boundary lines and made mandatory by this section, it sheuld eppeeF ta if determined by the Board of Commissioners that there is an imbalance of electors exceeding fifteen (15) percent of the said district, or such imbalance that in their judgment and opinion, a new Ordinance changing the boundaries of said districts should be passed in order to equalize as nearly as possible the number of electors in each district, by Ordinance, change the boundaries of said district for such purposes. No change in districts shall be made within six (6) months next preceding an election in the City. The City Attorney explained Ballot Question #5. He said he would be changing the word, "residents" to "electors." December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 9 of25 Mayor Black agreed with the amendment. Following discussion, the Board consented to moving forward with Ballot Question #6, and with the revision to change the word, "residents" to "electors." Mayor Black opened to public comment. There was no public comment. BALLOT QUESTION #7 Collection of Signatures to Run for Office This charter amendment would amend the candidate qualifications to allow candidates to collect signatures of registered voters to run for office city wide, instead of collecting signatures within their district, since candidates are elected at large throughout the City. The commission candidate would have to still reside in the municipal district to fill that district commission seat. Should the Charter be amended? _ _ Yes No CHARTER AMENDMENT #7 Amended Charter text (underline and stFili:ethFough): Section 3.3 Nomination ofBoard of Commissioners. Candidate Petitions Forms, Candidates for the office of Mayor and District Commissioner shall submit a Candidate Petition Form. he nominated by petition. Each candidate may seek or be nominated for election by a Candidate Petition Form feFms signed by qualified voters of the City of Madeira Beach, Florida, not less in number than one hundred (100) signed by electors at large in the boundaries of the City limits. Each signature shall be executed in ink and the form shall indicate the place of the petitioner's residence. All petition forms shall contain the name of the candidate and the office and district number for which the candidate. is being nominated. In lieu of 100 signed a nomination petition Candidate Petition Forms containing one hundFed (l-99) qualified electors' signatures, a candidate may qualify by payment of a qualifying fee of ($50.00) and submitting 50 a nomination petition Candidate Petition Forms containing fifty (50) qualified electors' signatures shall be required. In the ease of e eondidote feF DistFiet CammissianeF, his/heF petitians shell he signed hy eleetoFs within his/heF distFiet. All candidates for Mayor and District Commissioners shall have Candidate Petition Forms signed by electors December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 10 of25  at large in the boundaries of the City limits. No candidate may seek election to more than one elective City of Madeira Beach, Florida, office in any given election. The City Attorney said he had a recommendation to change the word, "since" to "because" in the ballot question. Vice-Mayor Weinstein and Commissioner Douthirt stressed concern for wanting to allow district commissioners to collect signatures city-wide instead of within their district. Mayor Black said the requirement should stay the same. Ms. Moore commented there were a few verbiage amendments for clarity suggested. Fallowing Discussion, the Board consented to removing Charter Amendment #6 as a ballot question. Mayor Black opened to public comment. There was no public comment. BALLOT QUESTION #8 Adopt State Law for Recall Procedures This charter amendment would adopt the recall provisions set forth in Florida Statutes section 100.361 (Municipal Recall) Should the Charter be amended? - - Yes No -- CHARTER AMENDMENT #8 Amended Charter text (underline and strikethFough)s [new] Section 4.12. Recall The Recall of elected officials shall be governed by Florida Statutes Section 100.361, as may be amended from time to time. The City Attorney recommended removing Charter Amendment #8, as a ballot question to avoid voter fatigue, because it repeated the state statue. The City Clerk had recommended that the rule be in the Charter, but people can find it in the state statutes. The Board was in favor of leaving it in. The City Attorney said they could leave it in, and remove it on first reading, if they decided it was not necessary to leave it in. The Board consented. December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 11 of25 Mayor Black opened to public comment. Helen Palladeno, 13319 Boca Ciega Avenue, commented that there needed to be language clarifying there are no changes to the Charter, and that it was only a notification to the voters. BALLOT QUESTION #9 Induction of newly elected Commissioners This charter amendment would require the induction of new Board of Commissioners, and appointment of Vice Mayor at the first regular or special meeting, which shall be held on or before the last day of the month in which the election was held. Rules of Board procedure shall be adopted within 60 days following each election. Should the Charter be amended? Yes No CHARTER AMENDMENT #9 Amended Charter text {underline and stFill:ethFough): Section 4.8 Induction of Board of Commissioners into office; meetings. The first meeting of each newly elected member of the Board of Commissioners for induction into office shall be at a oe the fiFst FegulaF Board of Commissioners meeting to be held on or before the last day of the month in which the election was held following the eleetioe. The Board of Commissioners may hold such special and regular meetings at such times as they may prescribe, but not less frequently than once each month. Meetings of the Board of Commissioners shall be open to the public in accordance with the Florida Statutes. Section 4.5 Rules of procedure; quorum; meetings. B. Rules. The Board of Commissioners shall determine its own rules and order of business, by Fesolutioe, at the BoaFd of CommissioeeFs fif!St FegulaF meeting within 60 days following each election. The City Attorney said he will put together a layperson' s guide to the Charter Amendments. Ms. Moore said a newly elected Commissioner should get into office as soon as possible, and that the prior Commission should honor that. December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 12 of25 Commissioner Douthirt suggested having the induction of new Commission members on the Third Tuesday after the election instead of waiting until April. The City Attorney provided the verbiage for that. Commissioner Oakley suggested adopting the Board's policy manual 90 days after the election instead of 60 days, because it had always been difficult to adopt the policy in that time-frame. The Board consented to making that change. Mayor Black opened to public comment. There was no public comment. BALLOT QUESTION #10 Remove City Treasurer from list of Charter Officers This charter amendment would remove the City Treasurer/ Finance Director from the list of Charter Officers that are hired and fired by the Board of Commissioners. Should the Charter be amended? _ _ Yes No CHARTER AMENDMENT #10 Amended Charter text (underline and strikethrough.): Seetian tiS.4 City TFeesuFeF. The BoeFd of CommissioneFs shell eppoiet e City TFeesuFeF, who shell also seFVe the diFeetoF of finenee depeFtment <Finenee DiFeetar}. TheFe shell he e diFeetoF of fineeee who in tuFe shell also he the City TFeesuFeF. The diFeetoF of finenee shell he appointed hy the City MenegeF suhjeet to BoeFd of CommissioeeF' s eppFo:Yel. The diFeetoF of fieenee !!!!!!.shell he eeeountieg depeFtment heed, Fespaesihle faF 11!£ peFsoenel end equipment of f.ieeeee, eeeoueting, eeshieFing, lieeesing, hilling eed eolleeting sums due the City end Feleted fineeeiel eeeounting end systems operations. The diFeetaF af finaeee shell he peFsonelly Fespansihle feF maintaining euFFent end eeeuFete eeeounting FeeaFds af City eethcities, in eeeaFdenee with aeeepted munieipel eeeaunting pFaetiees end ga\'eFning eity laws. He The City TreesuFeF end Finance DiFeetaF shell issue monthly fineeeiel FepaFts ta the Bae:Fd af Cammissiaee:FS. l\...11 matte:FS eoneeming the fiseel and fineneial eanditions of the City shall he his Fespoesihility end He of the Citv TFeesuFeF and Finenee DiFeetaF, wha shall assist the City 1\lanegeF and ad\'ise the BaaFd of CammissianeFs in pFepaFing the annual fineneial hudget, the monthly fineneiel FepoFts, showing comparison of December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 13 of25  Fe\tenue end expendituFes to 0:ntieip0:ted Fe"tenues end 0:ppFopFi0:tion e:1:peedituFes. He The City TFeasuFeF end Finanee DiFeeteF shall he Fesponsihle for ad\·ising the City ManageF and the Beard of CemmissioeeFs es soon as possible eoneerning signifieant der;iation. The direetoF of finanee shall he personally responsible fep adequate safeguards for Cify assets, ineluding eash, in"✓ eetories, equipment and peFtieent reeerds eoneereing the same, as well es FeeoFds of ell reeei"lahles and liabilities ofthe City. Adef)uate safeguards shall inelude the pFopeF inteFeal eoetFol proeeduFes end seffieieet iesereeee eeeeeFnieg any theft, eesualty and liability exposure. The diFeetoF of fieanee shall he the eestediae ofall meeies efthe City and responsible for premptly depesitieg ell Feeeipts in designated heeli: 0:eeouets es well es Fesponsihle fer prompt payment of eerreet hills end obligations against the City, whee oppFo"✓ ed. The direetoF of fieonee shell he properly end suffieieetly heeded. The City Attorney said at the Charter Amendment forum, additional language was suggested to explain they were not getting rid of the City Treasurer, but removing that person from the Charter, as a Charter Officer, because that person is under the direct supervision of the City Manager. Mayor Black disagreed with the proposed changes. Commissioner Oakley commented it needed to be done for a long time. The Charter is very convoluted, the way it is currently written. The City Manager provided additional clarification, explained the duties of the City Treasurer, and explained how in the Charter those duties conflicted with that of the City Manager's duties. Vice-Mayor Weinstein agreed with the proposed changes. The Board discussed the amendment and recommended additional language. Commissioner Douthirt said, as the Charter is currently written, the Commission had to go through the City Manager to speak with the Finance Director, and he did not want that to happen in the future, if the amendment passed. Vice-Mayor Weinstein commented that they should not let past experiences dictate the decisions they were presently trying to make. Mayor Black opened to public comment. There was no public comment. The Board consented to moving forward with Ballot # 10, with the revisions discussed. BALLOT QUESTION #11 Delete Commission Investigation Procedures from Charter December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 14 of25  This charter amendment would amend the section of the charter containing investigations by the Board of Commissioners to state "The Board of Commissioners may make investigations into the affairs of the City !!.I appointing a Charter Officer to investigate internal affairs of the City." Should the Charter be amended? - - Yes _ _ No CHARTER AMENDMENT #11 Amended Charter text (underline and stFiliethFough): Seetien 4.9 4.10 Investigations. The Board of Commissioners may make investigations into the affairs of the City by appointing a Charter Officer to investigate internal affairs of the City. end the conduct ef ony City depoFtment, office eF agency end feF this puFpose may suhpoeno witnesses, odministeF eoths, tolte testimony end FequiFe the pFoduction of mlidence. }·. . ny peFson who foils eF Fefuses te ehey e lawful eFdeF issued in the e~eFcise of these pewers by the BooFd of Cemmissieners shell he guilty ef o misdemeoneF end punishohle by e fine of not moFC then five hundFed {$500.00) dollers, eF by imprisonment feF net more then sixty {(iO) days, er both. The City Attorney said he wanted to change the word, "containing" to "concern." The City Manager said the amendment would provide protection to the Board members. They would still have the authority to designate the City Manager or another Charter Officer to investigate a matter, and staff will follow the protocol in the event there is an investigate, and make sure City policies were followed. Commissioner Douthirt suggested additional language to report the findings to the Board. The City Attorney suggested additional language for that. The Board consented. Mayor Black opened to public comment. Helen Palladeno, 13319 Boca Ciega Avenue, was concerned the City Manager was not listed as a Charter Officer. The City Attorney explained that the City Manager is a Charter Officer, even if he is not listed so. The city manager serves at the pleasure of the Board. The City Manager suggested adding language indicating the city manager is a Charter Officer. The City Attorney provided the language to be added. Vice-Mayor Weinstein agreed it should become a ballot question. December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 15 of25 The Board consented to going forward with Ballot Question # 11. BALLOT QUESTION #12 Special Meetings called by City Manager This charter amendment would allow City Manager to call special meetings of the City Board of Commissioners. Should the Charter be amended? Yes No CHARTER AMENDMENT #12 Amended Charter text (underline and stFiliethFough): Section 4.5 Rules of procedure; quorum; meetings. A. Meetings. The Board ofCommissioners shall meet regularly at such times and places as determined by the Board of Commissioners. The Board of Commissioners may schedule other regular meetings as it deems necessary in accordance with its established rules of procedure. Special meetings may be held 8ft at the call of the Mayor, eF-ll a majority of the Commission members, or by the City Manager with no less than twenty-four (24) hours: notice in writing to each member and the public. Any such notice shall state the subject to be considered at the special meeting which shall be restricted to the items specified in the notice. Commissioner Douthirt said he did not agree with the number of special meetings that had been held in the past year. He said special meetings needed to go through the Mayor. Too many meetings had been held, and people complained about it at the meetings. Vice-Mayor Weinstein questioned what the process would be if the Mayor was out of town. The City Manager said he did not believe it would be utilized regularly, but it would give the city manager the flexibility to call a special meeting, if needed. He read the applicable section from the Board's procedure manual allowing the city manager to call a special meeting. He said it was not necessary to put it on the ballot, as it was clarified in the Board's procedure manual. Mayor Black opened to public comment. There was no public comment. The Board consented to not moving forward with Ballot Question # 12. BALLOT QUESTION #13 December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 16 of25  Special Magistrate to replace Board of Adiustment This charter amendment would replace the Board of Adjustment with a Special Magistrate. Should the Charter be amended? _ _ Yes No CHARTER AMENDMENT #13 Amended Charter text (underline and strili:ethrough): Section ti..l 11.3 Board of Adjustment or Special Magistrate. The Board of Commissioners shall have the authority to appoint a Board of l.,dljustment, OF Special Magistrate, if judged to be in the best interests of the City. Said Board of 1~..:djustment, if appointed, shall eonsist of fwe (S) membeFs and two (l) alternate membeFs who shall hold no other eity offiee or eity employment. The Board of l'..:djustment, er Special Magistrate, shall be established by ordinance which shall set forth the term of office, qualifications, duties, responsibilities and authority of the members. Said The ordinance creating the Board ef l'..:djustment, or Special Magistrate, shall clearly set f.oF-th the seepe of authority of the Beard of 1~djustment, er Speeial Magistrate, establishing its authority to act and render decisions on request for variances and special exception uses from the established zoning or building regulations. All rules of procedure established by the Beard of Adjustment, er Special Magistrate, shall be subject to review and approval of the Board of Commissioners. The City Manager said the amendment was a cleanup item. It is a process already in place. Mayor Black opened to public comment. There was no public comment. The Board consented to going forward with Ballot Question #13. BALLOT QUESTION #14 Citizens' Initiative and Referendum Procedures This charter amendment would allow citizens to circulate petitions to propose, require reconsider or repeal ordinances by an initiative and referendum vote of the full electorate where not preempted by state law with signatures of at least 10 percent (rather than the current 25 percent) of the total number of electors registered to vote in the last regular City election. December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 17 of25  Should the Charter be amended? _ _ Yes No CHARTER AMENDMENT #14 Amended Charter text (underline and strili.ethrough): Section~ 12.1 General authority. A. Initiative. The electors of the City shall have power to propose ordinances to the Board of Commissioners and if the Board of Commissioners fails to adopt an ordinance so proposed without any change in substance, where not preempted by state law, to adopt or reject it at a City election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriations of money, levy of taxes or salaries of City officers or employees. B. Referendum. The electors of the City shall have power to require reconsideration by the Board of Commissioners of any adopted ordinance and, if the Board of Commissioners fails to repeal an ordinance so reconsidered, to approve or reject it at a City election where not preempted by state law, provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinances relating to appropriation of money or levy of taxes. Section ~ 12.3 Petitioner. A Number of signatures. Initiative and referendum petitions must be signed by electors of the City equal in number to at least ten percent (10) tweety fkte (15} percent of the total number of electors registered to vote at the last regular City election. B Form and content. All papers ofa petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink 8F indelihle peeeil and shall be followed by the printed name and address of the person signing. Petitiees Each petition form shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. C Designation and Affidavit of Circulator. The Petitioners Committee shall designate persons who are registered voters in the City, known as circulators, to obtain signatures on the petition forms. Each paper of a petition shall have attached to it when filed, an affidavit executed by the circulator thereof stating that he the circulator personally circulated the paper, the number of signatures thereon, and that all the signatures were affixed in-his the circulator's presence, that lte the circulator believes them to be the genuine signature of the persons whose names they purport to be, and that each signer is an elector of the City and bad an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 18 of25  D Time for filing referendum petition. Referendum petitions may be filed any time after adoption by the Board of Commissioners of the ordinance sought to be reconsidered. Vice-Mayor Weinstein commented in opposition of the 10% and suggested 20% instead. Commissioner Oakley said it would typically go to a referendum. Mayor Black suggested 15%. Commissioner Oakley said keeping the Snack Shack was the last referendum that went to the ballot. Ms. Moore explained that the Committee was trying to be consistent with what the state required. The Board consented to going forward with Ballot Question # 14, as is. Mayor Black opened to public comment. There was no public comment. BALLOT QUESTION #15 [ALTERNATIVE 11 This charter amendment would retain the Civil Service Commission the power to issue advisory opinion on employee grievances and the ability to inquire into the implementation of such personnel rules as considered necessary to ensure compliance, but remove other references from the charter merit principal and personnel rules from the charter. Should the Charter be amended? - - Yes No CHARTER AMENDMENT #15 [ALTERNATIVE 11 Amended Charter text (underline and stFil~ethFough): Section e-:e-5. 7 Personnel systems; Civil Service Commission. A. Ahr-itprineipal. i1•..11 appointments and pFomotions of City employees shall he made solely on the l>asis of meFit and fitness demonstFated hy e:1:aminetion OF otheF eYidenee of eompetenee. B. Civil Service Commission; Membership. There shall be a Civil Service Commission of the City of Madeira Beach, Florida, which Commission shall be composed of five citizens of said City. The Civil Service Commission shall be appointed by the Board of Commissioners of the City of Madeira Beach, Florida. The term of office for each member shall be three years and shall be staggered December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 19 of25  so that not more than two terms expire within any one year. Three Commissioners shall constitute a quorum. Members of the Civil Service Commission shall hold no remunerative office or employment under the City of Madeira Beach, Florida. The Board of Commissioners of the City of Madeira Beach, Florida, shall have the authority to remove for cause any and/or all Civil Service Commissioners. C. P-er§o1111el Rule§. The Civil SeA·iee Commission shell prepeFe persannel rules. When eoneurFed in hy the City MenageF, the Fules shall he proposed to the BoaFd of CommissioneFs, end the BoeFd ef CommissieeeFs may hy OFdieenee odopt them with OF without amendment. These rules shell include, hut &Fe not limited to: 1. The clessifieatiee of ell classified City positions hesed upon the duties, authoFity end Fesponsihility of each position, with adequate pFo,.·isioes feF clessifieetian ef any position whenever werFented hy eiFeumstences; l. }•,.. pay pion foF ell classified City positions; a. Methods faF determining the meFits ond fitness of candidates fer oppoietment er pramotions; 4. The policies end pFeeedures reguloting Feduetion ie foFce, demotion, suspension ond remo"'rel of employees; S. The houFs of woFk, attendance Feguletion end provisions feF siek and vacation leaye; ,. G rie,.·anee pFOeedures, including procedures fer the hearing of gFievenees by the Civil SeFYiee Commission, which may render edvisoey: opinions hosed on its findings f:o the City l\4onoger with e eopy to the eggrie•,ed employee. le this respect the CiYil SeFYice Commission shell have the poweF ta issue suhpoenas ta eampel attendanee hy witnesses and ta administeF oaths; 7. Other praetiees end pFoeedures neeessery to the administration of the City personnel system; 8. In connection with the aforementioned personnel rules, the Civil Service Commission shall inquire into the implementation of such personnel rules as considered necessary to ensure compliance therewith. D. Duties andpowers ofthe Civil Service Commission. All duties, powers, December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 20 of25  reservations en of power, and funding for the Civil Service Commission may be provided for by Ordinance duly passed by the Board of Commissioners of the City of Madeira Beach, Florida. E. Powers to collectively bargain recognized. Nothing contained in this Charter shall limit the power of the Board of Commissioners of the City of Madeira Beach, Florida, acting through it manager from entering into collective bargaining negotiations with any officers, employees, or group of employees for the purpose of establishing by contract conditions of employment, rules or compensation of said officers, employees, or groups of employees. For the purposes of this Charter, ARTICLE I, Section 6, of the Constitution of the State of Florida is specifically recognized. BALLOT QUESTION #15 [ALTERNATIVE 21 This charter amendment would give the Civil Service Commission the power to issue final decisions on employee termination grievances and remove the City Manager's power to issue final decisions to terminate employees, and remove other references from the charter merit principal and personnel rules from the charter. Should the Charter be amended? - - Yes No CHARTER AMENDMENT #15 [ALTERNATIVE 21 Amended Charter text (underline and stFil(:etln'!ough): Section . . .s.7 Personnel systems; Civil Service Commission. A Al-eritprineipal. All oppoietmeets oed pFomotioes of City employees shell he mode solely oe the hosis of meFit oed fitness demoestreted by e~omieotioe or otheF e:v:ideeee of eompeteeee. B. Civil Service Commission; Membership. There shall be a Civil Service Commission of the City of Madeira Beach, Florida, which Commission shall be composed of five citizens of said City. The Civil Service Commission shall be appointed by the Board of Commissioners of the City of Madeira Beach, Florida. The term of office for each member shall be three years and shall be staggered so that not more than two terms expire within any one year. Three Commissioners shall constitute a quorum. Members of the Civil Service Commission shall hold no remunerative office or employment under the City of Madeira Beach, Florida. The Board of Commissioners of the City of Madeira Beach, Florida, shall have December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 21 of25  the authority to remove for cause any and/or all Civil Service Commissioners. C. J,.Oers<Jnnel Rules. The Civil SeFViee Commission shall pFepaFe peFsoeeel Fules. When eoeeuFFed ie hy the City MaeageF, the Fules shall he pFoposed to the BooFd of CommissioeeFS, aed the BoaFd of CommissioneFs may hy OFdinaeee adopt them with OF without amendmeet. These Fules shell ieelude, but &Fe eot limited to: 9. The elossifieetioe of ell elossified City positioes hesed upoe the duties, authoFity aed Fespoesihility of eeeh positioe, with adequate pFo:visioes fop elassifieatioe of eey position wheeeveP weFFeeted hy eiFeumstanees; 19.i·... pey pion fop ell elossified City positioes; 11.1\'lethods fop deteFmieing the meFits aed fitness of eondidotes fop appointment OF pFomotions; 12. The policies eed pFoeeduFes Feguleting Feduetioe in feFee, demotion, suspensioe oed Femo:vel of employees; 13.The houFs ofwoFlt, ottendonee Fegulation and pFoYisionsfaFsiek and vocation lea"te; 14. Grievance procedures for termination, including procedures for the hearing of grievances for termination by the Civil Service Commission, which may render advisory opinions final decision based on its findings to the City Manager with a copy to the aggrieved employee. In this respect the Civil Service Commission shall have the power to issue subpoenas to compel attendance by witnesses and to administer oaths; lS. OtheF pFaetiees aed pFoeeduFes neeessaey to the odministFation of the City peFSoenel system; 16. le eoeneetioe with the afeFemeetioned peFsoeeel Fules, the Civil SeFviee Commissioe shall iequiFe ieto the implemeetotioe of sueh peFsoeeel Fules as eoesideFed eeeessopY to eesuFe eomplioeee theFewith. D. Duties andpowers ofthe Civil Service Commission. All duties, powers, reservations en of power, and funding for the Civil Service Commission may be provided for by Ordinance duly passed by the Board of Commissioners of the City of Madeira Beach, Florida. December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 22 of25  E. Powers to collectively bargain recognized. Nothing contained in this Charter shall limit the power of the Board of Commissioners of the City of Madeira Beach, Florida, acting through it manager from entering into collective bargaining negotiations with any officers, employees, or group of employees for the purpose of establishing by contract conditions of employment, rules or compensation of said officers, employees, or groups of employees. For the purposes of this Charter, ARTICLE I, Section 6, of the Constitution of the State of Florida is specifically recognized. And amending 5.4 City Manager *** C. Powers and duties. The City Manager shall: Be the chief administrative officer of the City. Be responsible to the Board of Commissioners for the administration of all City affairs placed in their charge by or under this Charter. Have the following powers and duties to: 1. Appoint and, when deemed necessary for the good of the City, suspend or remove all City employees subiect to the Civil Service Commission power to hear and issue final binding decisions by the Civil Service Commission on grievances of terminations. and appointive administrative officers provided for or under this Charter that the City Manager is empowered to appoint, except as otherwise provided by law, this Charter, contract or personnel rules adopted pursuant to this Charter. The City Manager may authorize any administrative officer who is subject to the City Manager's direction and supervision to exercise those powers with respect to subordinates in that officer's department, office or agency. The City Attorney explained that in the Joint Charter Review Committee and Civil Service Commission meeting, the Charter Review Committee recommended alternative one and the Civil Service Committee recommended alternative two. Commissioner Douthirt asked if there was currently a collective bargaining. The City Manager clarified they did have a collective bargaining agreement with the International Association of Firefighters. Commissioner Douthirt said the Civil Service Commission had not met in three or four years until recently. The Civil Service Commission should go away. He did not agree with taking away the termination authority from the City Manager, and he did not agree with alternative number two. December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 23 of25 Mayor Black said the Civil Service Commission members were not experienced in personnel issues. Commissioner Oakley questioned the funding source and the budgetary items. Vice-Mayor Weinstein said she had served on the Civil Service Commission for many years, in the 1990's. There was a need for them at that time, with regards to unions. The City Manager said most comparable cities did not have a Civil Service Commission. Ms. Moore believed that alternative one would streamline the process. Commissioner Oakley suggested tabling both alternatives. She said they needed additional research to learn the duties and responsibilities of the Civil Service Commission. She suggested comparing the duties with other cities. Vice-Mayor Weinstein agreed with doing away with alternative two. The City Manager said staff would like to discuss in greater detail, human resources policies and the duties and responsibilities of the Civil Service Commission. Commissioner Douthirt clarified they would table the first alternative and say no to the second alternative. He asked how many items would be brought forward to go on the ballot. Commissioner Oakley suggested all 13 questions to go forward that they discussed. l Commissioner Douthirt said some constituents told the City Manager they did not want to be overwhelmed. Ms. Moore questioned why the merit statement was stricken. The City Manager said they would have the opportunity to delve deeper into all the issues during the December workshop. The merit system that was adopted by ordinance, had been modified by resolution. They needed to reference the Charter if it had a section on the merit system that would supersede all other ordinances or resolutions. He added they were encountering many similar situations and recognized they had a large amount of work to be done to clean up issues. Ms. Moore suggested leaving them in. Mayor Black opened to public comment. Helen Palladeno, 13319 Boca Ciega Avenue, said she was very interested in discussing Ballot Question 15, and agreed the city manager should have the ability to terminate employees. The Board consented to Ballot Question #15, Alternative 1 and Alternative 2 going forward to first reading. December 6, 2018, BOC Charter Amendments Workshop Meeting Minutes Page 24 of25  The City Attorney clarified there were 12 items moving forward to first reading. ADJOURNMENT Mayor Black adjourned the meeting at 8:24 p.m. ATTEST: ..... ·'" ___...,/ - .J .. .. , . ·.. .. / . , -:;:;"' \ .- ' .- '~t. / . . "'.. ,..,;. ,. •/ - ,· December 6, 20 18, BOC Charter Amendments Workshop Meeting Minutes Page 25 of 25  .(i ·•:.·.