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HomeMy WebLinkAboutDocumentation_Charter Review_Tab 02_12/1/2021Agenda Item #2. Charter Review Board STAFF MEMO Meeting: Charter Review Board - Dec 01 2021 Staff Contact: Chair Abby Brennan Department: Re -Review ARTICLES II and III Due to substantive suggested changes in Articles II and III, further discussion is likely. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. ARTICLE II and III Working Doc Page 21 of 28 Agenda Item #2. ARTICLE II. - THE VILLAGE COUNCIL Section 2.01. - Selection, Term and Compensation. The Village Council of the Village of Tequesta shall consist of five (5) members who shall be known as "Councilmembers." All Councilmembers shall be considered officers of the Village of Teouesta for purposes of Village code, county codes, and state law, including both county and state codes of ethics. Councilmembers shall be elected at large to Seats ', 2, 3, ^ ^^^' 5. Elections for Councilmembers to hold office in seats formerly numbered as The /'^-,..."^^^^ "^rg'^ Seats 1, 3 and 5 shall be held elected in t#e even years, and elections for Councilmembers to hold office in seats formerly numbered as t#e Seats 2 and 4 shall be held elected in toe odd years. The election shall be held on the second Tuesday in March of each year unless such election date is changed by ordinance. (Only qualified electors, as prescribed by Florida law, shall be entitled to vote at such elections. Commented [KD1]: Per Committee direction at its November 10, 2021 meeting, citation to relevant state and other law is being inserted throughout the document. The term of office of each Councilmember shall commence at the next Council meeting subsequent to '. Commented [KD2]: Robust discussion occurred at the the date of the Councilmember's election and shall continue for hree 3 twe (-2) years thereafter November 3, 2021 meeting regarding the issue of creating and/or until the Councilmember's successor is elected and qualified. No person may be elected to the districts for each seat, and whether council members should be elected just from voters in that district or still at large, office of Councilmember for more than three consecutive three 13) year terms. At the conclusion of the just requiring the council member to reside in "their" third consecutive three (3) year term, the affected Councilmember must be out of office for one full district. No decision was made at that time on a three (3) year term prior to serving as a Councilmember again.I As of the March 2022 municipal election. recommendation to move this topic forward. Councilmembers who are already serving a current two (2) year term, or who qualified for. and are . Commented [KD3R3]: The concept of "districting' was elected to start serving a new two (2) year term shall serve those two (2) year terms to their conclusion abandoned by the Committee at its November 10, 2021 meeting. However, the Committee will recommend new prior to qualifying for and serving a three (3) year term. The aforesaid two (2) year terms shall not count language that eliminates the requirement for a candidate to toward any term llmlt CaICUIatlOn. run for a particular "seat" on the Council, and which instead allows the candidates with the highest number of votes to Each Village Councilmember shall be entitled to an annual salary to be fixed by ordinance; provided, '. be declared the winner(s) for that election. Proposed however, a Councilmember shall not be entitled to any increase in salary adopted during the term for •. language has been provided. which such Councilmember was elected. Commented [KD4]: New language that creates three- year terms (instead of the current two-year terms), and that The candidates for r" ,;Pat receiving the highest number of votes cast for the offices Of sets term limits of three consecutive terms. November 3, `. 2021 meeting. Councilmember to be filled c -ch a F rp shall be deemed elected to such office regardless of whether or not such candidate shall have received a majority of votes cast. �In the event of a tie vote between two Commented [KDS]: This language proposes a transition methodology from current two-year terms to new three - candidates receiving the highest number of votes cast for the offices of Councilmember to be filled. both year terms. November 3, 2021 meeting. shall be deemed elected. In the event of a tie vote between two candidates receiving less than the highest number of votes cast, but a sufficient number of votes cast to be elected into one of the offices of Councilmember to be filled, then the election of those receiving such sufficient and equal number of votes shall be determined by lot drawn by the Village Clerk in the presence of all candidates running for the office of Councilmember, as well as all sitting Councilmembers. the Village Manager, and the Village Attorne [KD6]: This language eliminates the need .toed Eandidate5Commented ensuing FURE)ff eleEtiOR te be held en the feUFth (Ath) Tue5day on MaFEh. SuEh eleEtien shall be held for run-off elections. November 10, 2021, Section 2.02. - Qualifications and Disqualifications. 1 See Laws of Florida. Ch. 83-498. Page 22 of 28 Agenda Item #2. No person shall be eligible to hold any elective office of the Village unless said person shall be a registered voter and resident of the Village for a minimum of one year prior togualifyini. Any Village Councilmember who ceases to possess these qualifications shall forthwith forfeit his or her office. Any candidate seeking election as Councilmember shall file with the Village Clerk a written notice to such effect from and including noon on the first Tuesday in December to and including noon on the third Tuesday in December in the year immediately preceding the election, and shall pay such filing fee as set by ordinance. For example, in order to qualify for the 2018 Village Council election, candidates must qualify between noon on the first Tuesday of December, 2017 and noon on the third Tuesday of December, 2017). Such notice shall be signed by at least fifty (50) registered voters of the Village of Tequesta and shall state the seat number to which said candidate seeks to be elected, the candidate's place of residence, the candidate's age and any other data required by law. Section 2.03. - Oath of Office. Each Councilmember, before entering upon the discharge of the duties of office, shall take and subscribe a legally sufficient the following oath before a person legally qualified to administer such an oath, in substantially the following form the Village N!aR..ge 9F PFe5idiRg OffiC r Of the !-01-IR „ V4:2 "I do solemnly swear (or affirm) that I will support, protect and defend the Constitution, and Government of the United States and of the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same and that I am entitled to hold office under the Constitution and that I will faithfully perform all the duties of the office of on which I am about to enter iso help me God — but omit for affirmation). Section 2.04. - Removal/Recall. Any or all members of the Village Council may be removed or recalled from office in accordance with procedures established by Florida law.3 Section 2.05. - Vacancies and Forfeiture of Office. A. Vacancies. In the event of a vacancy on the Village Council because of death, resignation, removal from or forfeiture of office, and the period of vacancy is to be more than six (6) months, the Village Council shall provide for a special election to fill the vacancy until the expiration of the term. If the period of vacancy is to be for a period of less than six (6) months but more than three (3) months, then the Village Council may appoint a substitute to fill the vacancy until the expiration of the term. If the period of vacancy is to be for a period of less than three (3) months, no appointment shall be made, and the position shall remain open until the expiration of the term.) �he criteria for selection of substitute Councilmembers pursuant to the terms of this provision shall be established by ordinance. I B. Forfeiture of Office. A Councilmember shall forfeit his/her office if he/she: 1. lacks, at any time during the term of office, any qualifications for the office prescribed by this charter or by law; or z See Sec. 876.05, Florida Statutes for language required to be included in oath for those officers and employees who receive public funds. 3 See Sec. 100.361, Florida Statutes for municipal recall process. Commented [KD7]: One year residency requirement as directed by the Committee. November 3, 2021 meeting. As mentioned during this discussion, there is court precedent that supports a one-year residency limit; however, any longer requirement (e.g. two years) does not have judicial support, and is considered as an impairment on the right to travel. Commented [KD8]: NOTE -This paragraph has already been revised, updated, and corrected by ordinance earlier this year, it has not been processed by Municode yet. Commented [KD9]: Modifications to the oath of office were briefly discussed by the committee at its November 3, 2021 meeting. There is an oath of office set forth in the Florida Constitution for state and county officials; that oath is similar (though not verbatim) to the oath in our current Charter. Regardless, the Florida Attorney General has opined that that specific oath is not required to be taken by a municipal official. Sec. 876.05, Florida Statutes, requires the following oath be taken by all public officials and employees who receive public funds (on a public payroll): "I , a citizen of the State of Florida and of the United States of America, and being employed by or an officer of (the Village of Tequesta) and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida." The current oath of office is legally sufficient in all respects If the committee desires to make edits, such edits must leave intact the language required by the above cited statute, our elected officials do receive compensation for their service at this time. Commented [KD1011110]: Minor edits to oath administration language and form of oath based on Committee discussion from November 10, 2021. Commented [KD11]: The committee began to discuss this language briefly but reached no conclusions at its November 3, 2021 meeting. Commented [KD121112]: At its November 10, 2021 meeting, the Committee directed that no change be made to this section 2.05. Commented [KD13]: It appears that this referenced ordinance was never adopted; I cannot find it in the code. While that is not a problem for this committee, it is something the committee would be within its rights to mention to the Village Council. This was briefly discussed at the committee's November 3, 2021 meeting. Page 23 of 28 Agenda Item #2. 2. is convicted of a felony during the term of office; or 3. fails to take and subscribe to the oath of office as provided in Section 2.03 of this Charter within thirty (30) days from the commencement of the term of office; or 4. misses six (6) regularly scheduled monthly meetings (not to include special meetings or workshops) in any twelve-month period. Section 2.06. - Mayor and Successors. The Village Council at its first regular meeting subsequent to the date of the annual election of Village Councilmembers shall appoint one of its members as and to be Mayor of said municipality and another of its members as and to be Vice -Mayor. Said officers shall serve at the pleasure of the Council for one (1) year and/or until a successor shall be appointed and qualified. The Mayor shall preside at all meetings; shall be recognized by the courts for the purpose of military law;° and shall, execute all instruments to which the Village is a party, as approved by vote of the Village Council, unless otherwise provided hereby or by ordinance; but the Mayor shall have no administrative duties. The Vice -Mayor shall act as Mayor during the absence or disability of the Mayor. Section 2.07. - Appointment of Legal Counsel. The Village Council shall appoint a Village Attorney to serve at the pleasure of the Council and to act as legal advisor to the Village. L Commented [KD14]: The Committee recommended no change to this section. November 10, 2021. Section 2.08. -Meetings. All meetings of the Council shall be open to the public pursuant to the provisions of Florida law. Commented [KD15]: Recommend relocating this Section from Article VII. September 15, 2021 meeting. The Village Council shall determine the time and place for holding its meetings provided, however, it shall meet at least once per month. Special meetings shall be held when called by the Mayor, Manager, or independently by any two (2) members of the Village Council. The amount of notice for special meetings shall be determined by the Village Council by ordinance. Section 2.09. - Quorum. A majority of the members of the Council shall constitute a quorum to do business, but no action shall be taken except to adjourn, when only three (3) members are present unless their votes are unanimous; provided, however, in the event of a vacancy of two (2) members of the Village Council, under the provisions of Section 2.05, then and in that event a majority of the remaining members of the Council may act. A majority of those present may adjourn from time to time and compel the attendance of absent members in such a manner and under such penalties as may be prescribed by ordinance. No member shall be excused from voting except as determined by Florida Law. Section 2.10. - Ordinances and Resolutions. The adoption of ordinances and resolutions shall be as prescribed by Florida law.' 4 See generally Ch. 250 "Military Affairs". Florida Statutes, Part I. which provides for the State Militia. the Military law of the state. the Florida National Guard, military courts-martial, and the Florida Governor's authority as Commander in Chief of the Florida Militia. Page 24 of 28 Agenda Item #2. Section 2.11. - Electors and Elections. Issues relating to electors and elections shall be as prescribed by Florida law relating to such elections6 and as may be prescribed by ordinance of the Village in matters not preempted by said law. Section 2.12. - Interference With the Administrative Department. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any Village employee. The Council shall have the power to remove the Village Manager as provided by this Charter and may express its views and discuss all matters with the Manager. (Except for the purpose of investigations authorized by the Village Council, the Council and its members shall deal with Village employees solely through the Manager and neither the Council nor its members shall give orders to any such officials or employees, either publicly or privately.) Section 2.13. — Former Councilmembers: Conflicts of Interest: Lobbying Activities, No Councilmember shall be employed by the Village until one (1) year after the expiration of the term for which the Councilmember was elected to the Council. The provisions set forth in the State of Florida Code of Ethics for public officers and employees shall govern in all matters relating to conflict of interest or financial disclosure and the effect of same on the proper discharge of a Councilmember's duties in the public interest. No Village of Teauesta Councilmember shall represent another person or entity for compensation ARTICLE III. - VILLAGE ADMINISTRATION Section 3.01. - Village Administration Defined. Village administration shall include a Village Manager, a Village Clerk and such other department heads as may be provided for by this Charter, Florida law or by vote of the Village Council.$ Section 3.02. - The Village Manager —Appointment, Removal, Qualifications, Vacancy. The Village Council shall appoint a Village Manager who shall serve at the pleasure of the Council and who shall be the Chief Administrator under the direction and supervision of the Village Council. The Manager shall be chosen by the Council solely on the basis of his or her administrative and executive qualifications. The Village Manager shall be appointed by affirmative vote of at least four (4) members of the Council, and must be removed by a like vote of said Council.( s See generally Ch. 166 "Municipalities". Florida Statutes, Sec. 166.041 "Procedures for adoption of ordinances and resolutions." 6 See generally Ch. 97 through 106, Florida Statutes. "The Florida Election Code." 7 See also Sec. 112.313, Florida Statutes. subsection (14) which provides the same restriction. 8 See also Villaae Code Chapter 2. Administration. Commented [KD16]: This sentence was discussed at length by the Committee at its November 10, 2021 meeting; no change was directed. Commented [KD17]: Recommend relocating this section From Article VII, and adding statutory language regarding 2- year prohibition on lobbying for former elected officials — September 1S, 2021 meeting. Commented [KD18]: After full discussion by the Committee, this requirement was directed to remain unchanged. November 10, 2011. Page 25 of 28 Agenda Item #2. A vacancy in the position of Village Manager by death, resignation or otherwise shall be filled by either temporary or permanent appointment by the Village Council at a regular or special Council meeting within thirty (30) days of the creation of the vacancy. This requirement shall not be interpreted to limit the Village Manager's authority to name an "acting manager" during the Village Manager's temporary absence due to taking leave or otherwise, when a vacancy in the position of Village Manager is not Created. I Commented [KD19]: Proposed new language. November 10, 2021. Section 3.03. - Village Manager —Functions and Powers. The Village Manager shall be the supervisor and manager of all public business and affairs of the Village, but shall be responsible to the Village Council for the administration of all the affairs of the Village coming under the Village Manager's jurisdiction. The Village Manager's powers and duties shall be as follows: (1) To see that all terms and conditions imposed in favor of the Village 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 Village Council. (2) To supervise the management and control of all public utilities owned by the Village and be charged with the management and operations of, all public works and departments in accordance with the ordinances or resolutions of the Village Council. (3) To be responsible for the supervision of all departments of the Village and to see that the laws and ordinances of the Village are enforced. (4) To attend all meetings of the Village Council and of its committees, if requested, with the right to take part in the discussion but without having a vote, and to file at the regular meetings of the Village Council in each month a report of the Village Manager's actions during the preceding month in a form as directed by vote of the Village Council. (5) To recommend to the Council for adoption such measures as the Village Manager may deem necessary or expedient in the interests of the Village, to keep the Village Council fully advised as to the financial condition and needs of the Village, and to submit for its consideration an annual budget. (6) To appoint, and when deemed necessary for the good of the Village, suspend or remove any Village employee and/or department head provided for, by, or under this Charter, or by ordinance, except as otherwise provided by Florida law, this Charter or personnel rules adopted by ordinance or resolution. The Village Manager may from time to time for any individual employee, authorize any department head to exercise these powers on a case-bv-case basis with respect to subordinates in that department. " Commented [KD20]: New language directed by the Committee at tis November 10, 2021 meeting. (7) To direct and manage the activities of all Village staff in protecting the lives and property of Village residents during periods of natural or man made disaster or civil strife whenever such emergency might occur. (8) To act as purchasing agent for the Village; authorized to make all purchase of supplies and to approve all purchase orders for the payment of same. In the capacity of purchasing agent the Village Manager shall conduct all sales of personal property which the Council may authorize to be sold as Page 26 of 28 Agenda Item #2. having become unnecessary or unfit for Village use. All purchases and sales shall conform to such regulations as the Village Council may from time to time prescribe.9 (9) To make contracts on behalf of the Village for the furnishing of materials and performance of labor; provided, however, that no such contract shall obligate the Village for a sum greater than allowed by ordinance, and provided, further, that such contracts shall be presented to the Village Council at the next regular meeting after the execution or awarding thereof for action thereon by the Village Council. �(10) To prepare and submit to the Village Council, within ninety (90) days after the close of each fiscal year, a complete report of the operation and business of the Village for the preceding fiscal year. I Section 3.04. - The Village The Village Clerk shall be appointed by the Village Manager and function under the supervision and direction of the Village Manager. The Village Clerk shall be present at all meetings of the Council and shall keep a record of the proceedings of the Council in a minute book to be provided and kept for that purpose. The Clerk shall preserve and maintain an ordinance book for the recording and preservation of all duly adopted ordinances, and shall preserve and maintain a resolution book to be provided and kept for that purpose, the Ordinance Book and Resolution Book to be deemed public records. Copies from said Minute Book, Ordinance Book or Resolution Book, duly certified by the Village Clerk under the corporate seal of the Village, shall be received in evidence in all Courts and places in proof thereof. The Village Clerk shall conduct functions relating to elections as prescribed by Florida law and/or Village ordinance and shall, in addition to the duties which are or may be required of the Village Clerk, by this Charter or by Florida law, have the custody of all the general records, books and documents of the Village, and shall perform such further duties as are imposed upon the Village Clerk by the Village Manager. Section 3.05. - Department Heads. There shall be separate departments as established by the Village Council by ordinance upon recommendation of the Village Manager. Each separate department head shall be appointed by the Village Manager. Each department shall be subject to the general supervision and direction by the Village Manager, but shall be directly supervised and directed by the person in charge thereof, who shall have the title appropriate of the functions of his or her department.10 Section 3.06 — Fire Rescue and Police Departments, Referendum Required to Dissolve. Abolish. or Outsource. The dissolution. abolition, or outsourcing to another agency, of the Village of Teguesta Fire Rescue Department and/or the Village of Teguesta Police Department shall require the affirmative referendum 9 See also Villaae Code Ch. 2. Administration, Art. III.- Officers. Employees and Departments. 1D See also Villaae Code Ch. 2. Administration, Art. III.- Officers. Employees and Departments. Commented [KD21]: This requirement was discussed and with recommendation from the Manager, the Committee directed no change to this provision. November 10, 2021. Commented [KD22]: No changes recommended by the Committee to this section. November 10, 2021. Commented [KD23]: New section directed by the Committee at its November 10, 2021 meeting. Page 27 of 28