HomeMy WebLinkAboutMinutes Charter Review 041006CHARTER REVIEW COMMITTEE
April 10, 2006
The Charter Review Committee met on April 10, 2006 at the City of Palm Beach
Gardens Municipal Complex, 10500 N. Military Trail. The meeting was called to order at
7:06 PM and opened with the Pledge of Allegiance.
I. ROLL CALL
Members Present: Paul Auerbach, Terry Brady, Don Kiselewski, Thomas Baird, Warren
Freedman, Gary Fields and Len Rubin
Members Absent: Tim Frohling and David Clark
II. APPROVAL OF MINTUES
The Committee directed the Recording Coordinator to review Page 3 of the minutes from
March 13, 2006 and determine if a vote was taken on item 6 -1(c). The Committee will
review and approve at the May 8, 2006 meeting.
III. COMMENTS BY THE PUBLIC
Richard Orman asked the Committee to reconsider their decision to allow voters to elect
the Mayor instead of City Council appointing the Mayor every year. He would also like
the Committee to reconsider the subject of districting and a seven member City Council.
He feels there is a major disconnect in the City, and that the City Manager has too much
power. He feels the Mayor should be the policymaker and should be responsible "for
bringing the public to the arena of decision - making ". There was discussion regarding Mr.
Orman statements. Don Kiselewski asked Mr. Orman questions about his comments and
why he feels that one person should be in charge of setting policy instead of the entire
Council as the Charter currently states. Mr. Orman stated that he feels, at this time, no
one on the City Council sets policy. Mr. Kiselewski explained that it is City Council's job
to set policy and the City Manager carries them out. Discussion ensued.
Linda Hughey spoke about Section 9 -3, Powers, and Duties of the City Treasurer. Linda
stated that since there is no City Treasurer she would like to see the section changed to
the Powers and Duties of the City Attorney. She would like to see some specific
definition of the City Attorney's job description and who the City Attorney reports to.
Linda said the City Attorney's compensation has gone up and made a made a gesture
using her hands and to indicate the performance has gone down. She would like to see the
Charter be specific on the City Attorney's duties. She would also like the Committee to
consider hearing comments by the public at the end of the meeting as well as at the
beginning of the meeting.
Don Kiselewski went over the memo regarding the cost of holding an election in
November as opposed to March. The recording coordinator, Susan Bell, explained the
memo and stated that the difference in the election fee is mostly for the salaries of poll
workers. She also explained that the difference is not whether an election is held in
March or November, but whether the City is able to piggyback off the County election.
The County only holds elections on even years and the City will have to hold elections in
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odd years too. Regardless of what month the election is, if there is no County election
the City would be responsible for paying those fees.
Discussion About Preliminary Report
The Committee discussed City Council's decision regarding the date the preliminary
report would be due. Susan Bell explained that even though the City Council agreed to
extend the report date to June 15, the City Clerk's recommendation is to have the report in
by May 15. There are very strict guidelines regarding advertising and there's a possibility
of missing deadlines if they wait until June to present a report. The Committee agreed
that at their next meeting they will discuss what will be in the report, and should be able
to have the report ready by May 15, 2006.
IV. CHARTER DISCUSSION
Len Rubin explained to the Committee that Tim Frohling is unable to attend the meeting
and therefore, submitted comments for them to review which are attached to these
minutes.
Article VIII: Department Heads
Section 8 -1 Salary, duties, powers and complaints
There was discussion about the wording in Section 8 -1 that states the City Manager shall
"establish "....... Paul Auerbach proposed using the words "recommend" as opposed to
"establish ". The conversation went on to discuss City Council approving the
appointments of department heads as opposed to the City Manager. Tom Baird stated
that this is contrary to the Council /Manager form of government because this allows the
City Council to appoint department heads based on political bias. He went on to say that
the City Manager goes through an extensive interview process when looking for the right
candidate and there is no political motive. A Motion was made by Gary Fields to add the
language the City Manager is "To appoint all department heads subject to confirmation
by the City Council..... The Motion Passed 5 -2
Auerbach Yes
Baird
No
Brady
Yes
Freedman
Yes
Fields
Yes
Kiselewski
Yes
Rubin
No
Don Kiselewski asked the board who at the City handles complaints regarding the City
Manager. Paul Auerbach suggested that all complaints that come in against the
department heads or the City Manager be filed with the City Clerk. Paul was concerned
about the process for handling complaints against the City Manager and Department
Heads. Paul would like it stated that all complaints against the City Manager be
forwarded to City Council. There was discussion about whether this item requires a
referendum and if it should be placed on the ballot. It is pointed out that if someone
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makes a complaint against the City Manager, they would probably send a copy to City
Council too. Gary Fields explained that the Charter states that complaints should be
handled within 15 days and he would like to see this remain in the Charter. Len Rubin
stated that if a change was to be made, it should be made in Section 6.1 and not in this
section, because Section 6.1 addresses the City Manager and this section address
Department Heads. Paul Auerbach made a motion to add the sentence "Council will
review all complaints against the City Manager within 15 days." to Section 6.1. Don
Kiselewski seconded the motion. Gary Fields stated he was concerned about this because
if Council does not have the opportunity to review a complaint within 15 days they will
be in breach of the Charter. He stated that if there is an issue that a large amount of
complaints come in about, City Council might not be able to review all the complaints in
that time period. The chair called for the vote, and the vote failed in a 4 -3 vote.
Auerbach Yes
Baird
No
Brady
No
Freedman
Yes
Fields
No
Kiselewski
Yes
Rubin
No
Section 8 -2 Compensation of Mayor and Council members
Terry Brady feels that City Council's salary should be approved by the voters and not by
Council setting their own salaries. He stated that the process would be that City Council
would ask for a raise and at the next election the voters would decide. Terry Brady made
a motion that City Council's salaries would be decided by a referendum vote. The
motion was seconded by Don Kiselewski. The vote failed in a 5 -2 vote.
Auerbach No
Baird
No
Brady
Yes
Freedman
No
Fields
No
Kiselewski
Yes
Rubin
No
Article IX: Appointment, Powers, and Duties of City Officers
Section 9 -1 Powers and duties of the Mayor
Don Kiselewski discussed paragraph 2 of this section. There was discussion about what
defines a disability and what happens if a Councilmember is disabled. Len Rubin stated
that if the Mayor's disabled the Vice -Mayor would take over until the next re-
organizational meeting. There was discussion about proposed language but no action was
taken on this matter.
Section 9 -2 Powers and Duties of the City Clerk
The Committee discussed the language in this section being standard language and no
changes were recommended to this section.
Section 9 -3
Powers and Duties of the City Treasurer
Since there is no City Treasurer Paul Auerbach made a motion to deleted this section
from the Charter and Thomas Baird seconded it the motion. It passed in a 7 -0 vote.
Auerbach
Yes
Baird
Yes
Brady
Yes
Freedman
Yes
Fields
Yes
Kiselewski Yes
Rubin Yes
Article X: Removal of Councilmen
Section 10 -1 Procedure
There was discussion about the difference between the words "citizen" and "taxpayer ".
The Committee members felt the word should be "resident ". The Committee decided to
call this to the attention of the City Council and let them decide if this should go on the
ballot.
Article XI — Reserved
Article XII: Creation of City Offices, Bonds of City Employees
Section 12 -1 Creation of Offices
The Committee discussed the definition of the creation of offices and after some
discussion decided to take no action on this article.
Section 12 -2 Bonds of Employees
The Committee discussed who pays for an employee to be bonded and at no action was
taken on this article
Article XIII: Annual Audit
This article is prepared by Florida statute and cannot be changed.
Article XIV: Reserved
Article XV: The Recall
This article is part of the Florida State law and cannot be changed.
Article XVI: Elections
Section 17 -1 Regulation by ordinance
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P .,r
Section 17 -2 Qualification of electors
These articles are part of the Florida State law and cannot be changed.
Article XVIII: Ordinances and Resolutions
Section 18 -1 Meeting and procedure of City Council
Len Rubin talked about the fact that the Charter has a 14 day requirement between
readings of an Ordinance but the Florida Statute only requires 10 days. He would like to
change this to 10 days to be in compliance with the State Statute. In addition, having a
14 day advertisement requirement does not allow for an Ordinance to be read at back -to-
back Council meetings. Thomas Baird made a motion to delete Article 18 -1 because the
article is covered by the Florida Statutes. Don Kiselewski seconded the motion and the
motion passed in a 6 -1 vote.
Auerbach No
Baird Yes
Brady
Yes
Freedman
Yes
Fields
Yes
Kiselewski
Yes
Rubin
Yes
Section 18 -2 Reserved
Section 18 -3 City Council meetings
Don Kiselewski would like to change the Charter to state that the City Council must meet
a minimum of twice a month. The Charter now states that City Council must meet once a
month. After some discussion the Committee decided not to make any changes to this
section.
Section 18 -4 Posting or Publication of Ordinances
No comments or action was taken on this section.
Section 18 -5 Franchises
No comments or action was taken on the section.
Article XIX: Reserved
Article XX: Reserved
Article XXI: Reserved
Article XXII: Charter Amendment
Section 22 -1 Charter review
No comments or action was taken on this article.
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V. NEXT MEETING
At the next meeting the Committee will go through the Charter again and come to a
consensus on the items they would like to recommend be revised and /or changed to the
City Council and discuss the preliminary report.
VI. ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 8:25 P.M.
Approval:
Leonard Rubin, Chair Person
Attest:
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Paul Au ach, Committee Me
Thomas Bair mitt ember
Te dy, Committee I e ber
David Clark, CoyrfmiWe Member
Gar elds, Committee M Zer
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Warren F ed m, Committee Mem/b�er - /"-� %
on KiseVWski, Committee Member
Susan Bell, Public Information, and Recording Coordinator