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CITY COUNCIL
CHARTER REVIEW WORKSHOP
TUESDAY, AUGUST 11,2009,9:00 A.M.
HAGLER MASON CONFERENCE ROOM
SECOND FLOOR. CITY HALL
"PRESENTATION
If any person decides to appeal any decision made with respect to any matter considered at such meeting, he will
need a record of the proceedings, and that for such purpose he may need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and evidence upon which the appeal is to be based.
The City of Pensacola adheres to the Americans with Disabilities Act and will make reasonable accommodations
for access to city services, programs, and activities. Please call 435-1606 (or TDD 435-1666) for further
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CITY COUNCIL MEMORANDUM
FOR INFORMATION
FROM:
CITY OF PENSACOLA
CHARTER
AS APPROVED BY THE
CHARTER REVIEW COMMISSION
O N JULY 8,2009
CHARTER FOR THE CITY OF PENSACOLA
TABLE OF CONTENTS
Preamble
,Irticle I
General Powers of the City
Section 1.01.General Powers and Corporate Existence.
Section 1.02.~on~truction.
Section 1.03. Intergovernmental Relations.
Article I1
Corporate Boundaries
Section 2.01. Corporate Boundaries.
.Article 111
Elected City Positions
Section 3.01. Form of Government.
Section 3.02. Election and Terms.
Section 3.03. Limitations of Terms for Mayor and Council Members; Effective Date.
(a) Mayor.
@) City Council Members.
Article IV
Mayor and City Council
Section 1.01. Mayor.
(a) Powers and Duties.
@) Vacancy.
(c) Secdon Compensation.
4.02. City Council.
(a) Powers and Duties.
@) Vacancies.
(c) Secdon Compensation.
4.03. City Council Procedures.
(a) Meetings.
@) Rules and Minutes.
(c) Voting and Quorum,
(d) Veto Override, General.
(.) Veto Override, Budget.
(0 President, Vice President of City Council.
Section 4.04. Prohibitions.
(a) Appointment and Removal.
@) Interference with Administration.
(c) Holding other Office.
Article V
Appointed City Positions
Section 5,01. City Clerk.
Section 5.02. City Administrator.
Section 5.03. City Attorney.
Section 5.04. Departments.
Section 5.05. City Boards, Commissions and Cornrmttees.
(a) Establishment.
@) Membership and Removal.
Article VI
Elections
Section 6.01. Nonpartisan Elections.
Section 6.02. Electors.
Section 6.03. Qualifications, Eligbhty, and Fhng Fee.
(a) Qualifications and Eligibhty.
@) Fhng Fee.
Section 6.04. Elections Procedures.
(a) General and Primary Elections.
(b) Appointments by Supervisor of Elections.
(c) Notice of Elections.
(d) One Candidate.
(e) Canvassing Board.
(1) Ballots.
Section 6.05. Candidate Qualifying Oath.
(a) Qualifying Oath or Affirmation.
@) Form.
Section 6.06. Alternative to Qualifying Fee.
(a) Petition Process.
@) Petition Forms.
(c) Valid Signatures.
(d) Verifying Names.
Section 6.07. Commencement of Term of Office.
Section 6.08. Council Districts.
(a) Number of Districts.
@) Redistricting.
(c) Report Specifications.
Article VII
Recall, Initiative, and Referendum
Section 7.01. Recall.
Section 7.02. Power of Initiative.
Section 7.03. Power of Referendum.
Section 7.04. Commencement of Proceedings.
Section 7.05. Initiative or Referendum Petitions.
Number and Signatures.
(4
Form and Content.
@)
(4 Affidavit of Circulator.
(4 Filing Deadhne.
Section 7.06. Verification of Petitions.
Section 7.07. Action on Petitions.
(4 Xction by City Cound.
@I submission to Electors.
(c) Section \Vithdrawal of Petitions.
7.08. Election Results.
(4 Initiative.
(b) Referendum.
Article VIII
Schedule
Section 8.01. Effective Date.
Section 8.02. Ordinances Preserved.
Section 8.03. Repeal of Former Charter Provisions.
Section 8.04. Precedence over Code Provisions.
Section 8.05. Officers and Employees.
Section 8.06. Existing fights, Obligations, Duties and Relationships.
(a) Continuity.
(b) Obligations.
(c) Other Government Units.
(d) Commencement of Terms for Year 2010 Elections.
Section 8.07. Transition.
Article IX
Charter Review and Charter Amendments
Section 9.01. Charter Review Commission
(a) Charter Review Commission Established.
@> Composition.
(4 Procedures.
(4 Rules and Compensation.
(4 Expenses.
(9 Review.
(9 Report and Process.
Section 9.02. Charter Amendments.
(a) Initiation by Orchance.
@) Initiation by Petition.
(c) Consistency.
Article X
Miscellaneous
Section 10.01. Code of Ethlcs.
Section 10.02. Non&scrimination.
Section 10.03 Severability.
CHARTER FOR THE CITY OF
PENSACOLA
PREAMBLE
We the people of the City of Pensacola, under the Constitution and laws of the State of Florida,
in order to secure the benefits of local self-government and to provide for an honest and accountable
Mayor-Council government, do hereby adopt this chartcr and confer upon the City the following
powers, subject to the following restrictions, and prescribed by the following procedures and
governmental structure. By thls action, we secure the benefits of home rule and affirm the values of
representative democracy, professional management, strong political leadership, citizen
participation, and regional cooperation.
Suggested language change:". . .in order to secure the benefits of local self-government and
to provide for accountable and effective qovernance, do hereby establish a Mayor-Council
government and confer upon the City... "
A City the size of Pensacola does not need a strong Mayor type of Government....someone
who can hire and fire at will regardless of how long a person has been in a job or if
someone desires that job. (the current employee) can be fired to hire a friend.
ARTICLE I
GENERAL POWERS OF T H E CITY
The City of Pensacola ("City"), located in Escambia County, Florida, shall have all
governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform
municipal functions and render municipal services, and may exercise any power for municipal
purposes exceptm\vhenexpressly prohibited by law.
The powers of the City under thls Charter shall be construed liberally in favor of the City, and
the specific mention of particular powers in the Charter shall not be construed as h t i n g in any way
the general power granted In this Article.
The City may participate by contract or otherwise with any governmental entity of the State
of Florida or any other state or states or the United States of America in the performance of any
activity which one or more of such entities has the authority to undertake.
ARTICLE I1
CORPORATE BOUNDARIES
The corporate boundanes of the City of Pensacola shall remain fued and established as they
exist on the date thls Charter takes effect, provided that the City shall have the power to change its
boundaries in the manner prescribed by 1aw.ARTICLE I11
ELECTED CITY POSITIONS
Section 3.01. Form of Government.
The City shall have a hlayor-Council form of government. There shall be a City Council,
which shall be the governing body of the City with all legislative powers of the City vested therein,
consisting of seven (7) Council members, one (1) to be elected from each of the seven (7)
election districts of the City. There shall also be a Mayor who is elected at large and who shall
not be a member of City Council.
The nonpartisan primary and general election of the Council Members and the Mayor shall
be held in the manner provided in Article VI of this Charter and the terms of office for Mayor and
Council Members shall be four (4) years and d commence on the fourth Tuesday in November after
his or her election at 12 o'clock noon.
The base year for elections for Council Members for districts 2 , 4 and 6 and the Mayor shall
be 2010, and shall be for a four-year term. The base year for elections for Council Members for
dsu-icts 1, 3, 5, and 7 shall be 2012 and shall be for a four-year term. These base year dates are
established only for the purpose of scheduling elections and staggering terms, and do not impact the
term h t requirements of Section 3.03. Council Members for districts 1, 3, 5, and 7 elected in 2010
shall serve a two-year term. Full terms served by the Mayor or a Council Member immediately
precedng the base year dates shall not be counted in applying Section 3.03.
Concern about greatly extending term limits, arguably rendering them largely
illusory. Also, "full terms" could create confusion because different length terms
are referred to in the section.
Section 3.03. Limitations of Terms for Mayor and Council Members; Effective Date.
(a) Mayor. No person shall be elected to serve as Mayor for more than three consecutive terms
on and after the general election in November 2010.
(6) City Council Members. No person shall be elected to serve as a Council Member for
districts 1,3,5, and 7 for more than three consecutive terms on and after the general election in
November 2010. No person shall be elected to serve as a Council Member for dstricts 2 , 4 and 6
for more than three consecutive terms on and after the general election in November 2012.
Agree with the term limits, but eight instead of twelve, as a person can get too
powerful after being in office that long.
ARTICLE IV
MAYOR AND CITY COUNCIL
(4 Powers and Duties. The major, who shall serve in a full-time capacity, and
shall exemplify good citizenship and exhibit a cooperative spirit, shall have the following powers and
duties:
(2) T o enforce the charter and ordmances of the City and all applicable County, State,
or federal general laws, special laws or ordtnances.
(4) T o appoint a City Admistrator, who shall serve at the pleasure of the
Mayor.
(5) T o appoint a City Attorney, with the consent of the City Council by an
affirmative vote of a majority of City Council members, and who shall serve at the pleasure of the
Mayor.
Regarding the City Attorney, he or she must be answerable to both the Mayor
and the City Council, or City Council must have its own attorney who serves a1
the pleasure of the Council
(6) T o appoint the head of each department, with the consent of the City Council by
an affirmative vote of a majority of City Council members.
The Mayor's appointment of department heads requires council approval but the
Mayor can dismiss at any time without council approval. Please explain.
(7) To suspend, reduce or remove a department head for just cause without the
consent of City Council members.
(8) To prepare and subrmt the annual budget and capital program to the City
Council.
Please explain the process whereby all the Mayor's vetoes become null and void if
any veto causes expenditures to exceed projected revenue.
(10) T o attend all meetings of the City Council with authority to participate in
d~scussions,but without power to vote.
(12) T o submit to the City Council and make avatlable to the public a complete
report of the finances and administrative activities of the City at the end of each fiscal year.
(13) To keep the Clty Council fully advised as to the financial condition and future
needs of the City.
(14) To devote h s or her entire work time to the performance of the duties of the
mayor's office, and shall hold no other public office or public employment while mayor.
Why is public employment or office mentioned, but not private? Suggest clarifying
that the mayor would be devoting full-time to the position by including private
employment.
(b) Vacancy.
Substitute "President of the Council" for "the City Administrator. " One does not
place a city employee in such a position of power, not even for 30 days.
Permits a non-elected, appointed official to serve for more than two years as the
new stronger mayor. Provision does not sufficiently provide for representative
government, especially given increased mayoral power.
The Mayor appointed by the Council must meet the qualifications for office
as set forth in 6.03 of this Charter at the time of appointment.
@I Compensation. The salary compensation of the Mayor shall be set each year in the
annual budget.
No salary formula.
(a) Powers and Duties. City Council members shall exemplifj good citizenship and exhibit a
cooperative spirit. The City Council shall have the following powers and duties:
(1) To legislate for the City by adopting ordmances and resolutions in the best
interest of all citizens of the City.
(2) To adopt the annual budget and all other appropriations necessary for
efficient City government.
(3) To determine, consistent with this charter, the organization of the City
government and the power and duties assigned to the various departments.
This power should be removed from City Council and granted to the
Mayor. A legislative body has no business determining the structure of an
administrative organization.
Does this provision give the Council more power than it currently
possesses and at the expense of the executive branch?
(4) To inquire into the conduct of any municipal office, department, agency or
officer and to investigate municipal affairs, and for that purpose, may subpoena witnesses,
admnister oaths and compel the production s f books, papers, or other evidence.
This item should be deleted from the Charter. It is offensive and sets an
unneeded negative tone for the entire document. In the rare instance where
such investigative action might be needed, the Mayor and/or the City Council
would have sufficient recourse by virtue of their already enumerated powers.
(b) Vacancies.
(2) The Council Member appointed by the Council must meet the qualifications for
office as set forth in 6.03 of this Charter at the time of appointment.
(c) Compensation. The salary compensation of Council members shall be set each
year in the annual budget.
In addition to salary issue, need to explain and justify why not proposing that
members be full-time, as a number of persons have urged.
(a) Meetings. The City Council shall meet regularly at least twice every month at such
times and places as the City Council may prescribe. Special meetings may be held on the call of the
City Council president or the bIayor or the City Administrator or a majority of the City Council
Members and, whenever practicable, upon no less than twelve (12) hours notice to each Council Member
and the public, or such shorter time as a majority of the City Council president, Mayor, City
Administrator, or City Council deems necessary in the event of an emergency affecting life, safety,
health, welfare, property or the public peace.
Delete "the City Administrator" from this paragraph. It is not appropriate for a city
employee to command a meeting of an elected body.
(b) Rules and Minutes. The City Council shall by ordinance determine its own rules of
procedure and order of business, and shall keep minutes of its proceedngs that shall be open for
public inspection. The City Council shall establish procedures for mahng copies of all
resolutions, ordinances, and this Charter available to the public for inspection and for purchase at a
reasonable price. in conjunction with the requirements of Florida law.
Delete "by ordinance" from the first sentence. This is unduly burdensome and
inflexible. The present system whereby City Council sets procedures and order of
business by simple motion and majority vote works quite well.
(c) Voting and Quorum. Voting on ordmances and resolutions shall be by a roll call and shall
be recorded in the journal. A majonty of the existing membership of City Councll shall constitute a
quorum; but a smaller number may adjourn from time to time and may compel the attendance of absent
members m the manner and subject to the penalties prescribed by the rules of the City Council. No
action of City Council except as otherwise provided in the precedmg sentence shall be valid or bindmg
unless adopted by the affirmative vote of the majonty of a quorum present, except that if four (4) or
more Council Members are ineligible to vote on a particular item because State law reqwes the Council
Members to abstain &om voting, then the remaining Council Members may vote and approve the item
by unanimous vote.
(d) Veto Override, General The City Council may, by an affirmative vote of at least five
(5) of the seven (7) City Council members, override the Mayor's veto of an ordinance at anytime prior
to midnight on the fourteenth day after the day the Mayor exercises the veto or prior to midnight on the
day of the next City Council meeting after the exercise of the Mayoral veto, whichever last occurs.
(e) Veto Override, Budget. The City Council may, by an affirmative vote of at least five
(5) of the seven (7) City Council members, override the Mayor's line item of a portion of a budget
or appropriate ordmance veto at any time prior to midnight on the fourteenth day after the day the
Mayor exercises the veto or prior to midnight on the day of the next City Council meeting after
the exercise of the Mayoral line item veto, whichever last occurs. If the total effect of all actions taken
to override the vetoes of the Mayor would be to cause espendtures to exceed revenues as projected
and contained In the adopted budget, then all actions to override the Mayor's vetoes with respect
to line items of the budget shall be null and void and all items vetoed by the Mayor shall remain
stricken from the budget.
0 President, Vice President of City Council. The City Council shall elect one of its
members as president and another as vice president on the fourth Tuesday in November of each
year. The City Council may remove the City Council president or vice president by an
affirmative vote of at least four (4) City Council members. In the event of vacancy in the office of
president or vice president, the City Council shall elect one of its members to fill the remaining
term of the vacant position. The president shall preside at the meetings of the City Council and in his
or her absence, the vice president shall preside. The president shall perform the duties consistent
with the office and as otherwise imposed by the City Council.
Penalties needed.
Substitute: "...whom the Mayor is empowered to employ." City employees are not
appointed; they are employed. The distinction is important.
(b) Interference with Administration. Except for the purpose of inquiries and
investigations made in good faith, the City Council or Council Members shall deal with the City
officers and employees, who are subject to the duection and supervision of the Mayor, solely through
the Mayor. Neither the City Council nor Council Members shall give orders to any such officer or
employee, either publicly or privately. It is the express intent of thls Charter that recommendations for
improvement of municipal governmental operations by ind~vidualCouncil hlembers be made solely to
and through the Mayor.
(c) Holding other Office. No elected City official shall hold any appointive.City
office, City board membership, or City employment while in office, except as may be provided by
State law. No former elected City official shall hold any compensated appointive City office until one
year after having last served as an elected official.
ARTICLE V
APPOINTED CITY POSITIONS
There shall be a City Cle'rk who shall be appointed by the hlayor with the consent of the City
Council by an affmative vote of a majority of Council Members, and whose dutles and
responsibhties are as provided for by this Charter. Although an employee of the Mayor, the Clerk
shall serve the entire City government. The Clerk shall keep and have the care and custody of
the books, records, papers, legal documents and journals of proceedmgs of the City Council and
shall carry out such additional duties as may be required by the Council or the Mayor.
The City Attorney shall serve as the chief legal adviser to, and shall represent, elected or
appointed officials, boards and commissions, and employees in the course and scope of their
official duties or employment, respectively. The City Attorney shall represent the City in all
legal proceedngs and shall perform any other duties prescribed by State law, by this Charter, or by
ordmance. The City Attorney must be a resident of the City, or establish residency w i h n six months
of appointment. The Mayor shall appoint the City Attorney, with the consent of the City Council by
an affirmative vote of a majority of City Council members, who shall serve at the pleasure of the
Mayor.
Once again, the City Attorney should also be answerable to the City Council, not
just the Mayor, or the City Council must have access to a separate Council
Attorney who is answerable to the Council.
Same residency concern as for Section 5.02 as noted above. Also, service at
the pleasure of the Mayor will increase likelihood of giving political opinions,
instead of legal opinions. Removal with consent of Council whom City Attorney
also would serve would mitigate this concern. Also, appropriate professional
qualifications and salary formula not included.
Any person designated as a head of a department must be a resident of the City, or establish
residency w i h six months of appointment. The City Council shall determine, consistent with
h s Charter, the organization of the City government and, by ordmance, prescribe the duties and
responsibhties assigned to the various departments.
This section should be deleted in its entirety. The question of the residency
of department heads should be addressed in Council policies, if so desired,
and not in the Charter.
Same residency concern (as noted for Sections 5.02 and 5.03). Why
undercut authority and accountability of Mayor in this manner?
(a) Establishment. City Council shall establish or terminate by ordnance, such boards,
commissions and committees as it may deem advisable from time to time. The boards,
commissions and committees shall report to the City Council.
This section seems to authorize the creation of committees which have been
recommended to be abolished as frustrating representative government and
efficient government. Why?
(5) Membership and Removal. All members of appointive or elective boards,
commissions and committees must be resident electors of the City, unless otherwise provided by Florida
or federal law. X board member may be removed for just cause, after notice and public hearing, upon
an affirmative vote of at least five (5) Council Members. Membership is automatically Korfeited if
the board member is absent three (3) times during a calendar year, if the board regularly meets no
more frequently than once monthly, or six (6) times during a calendar year, if the board regularly
meets twice monthly.
This paragraph should be deleted in its entirely from the Charter and the
recommended provisions considered instead for inclusion in Council policies.
ARTICLE VI
ELECTIONS
All nominations and elections for the offices of Mayor and City Council member shall be
conducted on a nonpartisan basis.
Policy justification?
Any person who is a resident of the City, is a qualified Florida elector, and who has been
asslgned a voter regstradon number by the County Supervisor of Elections to vote in a City precinct
shall be an elector of the City.
(a) Qualifications and Eligibility. Any person who is a resident of the City, has
qualified as a Florida elector, and has been assigned a voter regstration number by the county
supervisor of elections to vote in a City precinct not less than one par prior to the end of the
quahfication period, shall be an elector of the City who shall be eligble to run for the office of Mayor,
while a canldate for City Council must have been a resident of the declared district for at least one
year prior to the end of the qualification period. If he or she ceases to possess any such
qualifications during his or her term of office, or if he or she violates any express prohibition of
thls Charter, he or she shall forthwith forfeit the office, and the Council shall remove him or her
from office.
In the existing Charter, City Council members may not be otherwise employed
by the City. This language needs to be carried over to the new Charter.
(b) Filing Fee. Each candidate shall pay to the qualifying officer a filing fee in the
amount of three percent (3' o) of the annual salary of the office of Mayor or office of member of City
Council, as well as an election assessment as provided by Florida law.
Section 6.04. Elections Procedures.
(a) General and Primary Elections. City Council shall make all necessary arrangements
for holding the regular City elections and shall declare the results thereof. The general election for
contests with three or more candidates shall be held on the date of the primary election established by
general law for election of State and County officers. The general election for contests between two
candidates shall be held on the date of the general election established by general law for election of
State and County officers.
) Notice of Elections. The City Clerk shall cause a notice of the time and place of
holdmg all City elections to be published in a newspaper published in the City, for at least once a week
for two (2) consecutive weeks during the thirty (30) days prior to the beginning of qualifying.
(d) One Candidate. No election for Mayor or for any City Council office shall be
required in any electton in whch there is only one duly qualified candidate for the particular office.
(e) Canvassing Board. Elections shall be conducted and results shall be tabulated,
returned and canvassed by County election officials in accordance with general law. The
canvassing board shall submit certified election results to the City Clerk. In a City election
where a County canvassing board would not be empanelled, then the canvassing board shall
include the City Clerk, the City Attorney. and the Mayor. If the Mayor is on the ballot, the thud
member of the canvassing board shall be appointed by the City Council from among its
members, who shall not be a person on the ballot.
Is the City Attorney a viable third member of the canvassing board, given that
the attorney would serve at the pleasure of the Mayor?
(0 Ballots. The names of all candidates clualified for nomination to the office of Mayor or
the office of member of the Cit). Council for each seat shall be placed on the ballot in their respective
seats in alphabetical order in the election, and the candtdate who receives a majority of the votes in
the election for a respective seat shall be declared elected.
(a) Qualifying Oath or Affirmation. Any person who is quahfied under the laws of the
State and this Charter may become a candtdate for the office of hlayor or Ctty Council by tahng and
subscribing to an oath or affirmation, and fhng the same with the City Clerk during business hours
during the period prescribed by general law for qualification of candtdates for election to County
offices.
(6) Form. The form of the oath or affirmation shall be substantially as follows:
STATE O F FLORIDA
C O ~ O F ~ l B M C I T Y
O F PENSACOM
CANDIDATE
Notary Public
Florida w r Registration Number
(a) Petition Process. In lieu of paying the filing fee prescribed by this Charter, a
canddate for the office of Mayor or office of City Council member may have hts or her name placed
on the ballot for the election by compljing with the petition process for qualifjing as a candtdate for
County office as prescribed by general law. N o person may qualify for election as a write-in
caddate.
(6) Petition Forms. The qualifymg officer shall provide the candidate with the petition
format to facilitate the gathering of signatures pursuant to this section.
For the City election next following each decennial census, the required petition
signatures shall be as follows:
A candidate for the office of Mayor under thls petition process shall obtain the
signatures of a number of regstered voters of the City equal to at least two and one-half percent
(2.5%) of the population of the City accorlng to the most recent decennial census.
(ii) A candidate for the office of City Council member under this petltion
process shall obtain the signatures of a number of regstered voters residing in the &strict for which
the canddate seeks election equal to at least two and one-half percent (2.5%) of the ideal &strict
populauon accordng to the most recent decennial census.
The term of office of any elected official (Mayor or City Council member) will commence
on the fourth Tuesday in November after his or her election at 12 o'clock noon, at which time the
newly elected official shall be given an oath of office and installed in office. The commencement date
for all offices in the City election shall be the same date whether the candidate is elected during the
primary or general election.
In the event of a Special Election or other election other than the primary or general election,
the term of office of any elected official will commence on the third day after his or her election has
been certified, at 12 o'clock noon, at which time the newly elected official shall be given an oath of
office and installed in office, or as provided by State law, unless the commencement date falls on
a legal or City holiday in which case the term of office will commence on the nest day that is not a
legal or City holiday.
Don't agree with eliminating the at-large districts. Someone is going to be left out, as a
person representing a certain district is only going to be interested in their district. What
happens to the rest of the people?
(b) Redistricting. A redstrictkg report prepared undvr the supervision of the Mayor and
in consultation with the Escambia County Supervisor of Elections shall be submitted to City Council
within one year of receipt by the City of the results of the census conducted by the federal
government every ten years. Nothing herein shall prevent the City Council, by majority vote, from
requesting a redistricting report at more frequent intervals if it is determined to be necessary. City
Council upon receiving a redistricting report, may then, by majorlty vote, redstrict the City.
Independent redistricting commission should be established. Council should not draw
district lines - too politicized.
(1) Each &strict shall be formed of compact, contiguous territory, and its
boundary lines shall follow the centerlines of streets, railroad h e s or other natural boundaries where
possible.
(2) The districts shall be based upon the principle of equal and effective
representation as required by the United States Constitution and as represented in the mathematical
preciseness reached in the legslative apportionment of the State. The report shall include a map and
description of the districts recommended.
Is this sufficient to preclude some of the present problems? For example, one part of
District 1 is coterminous with District 2, but otherwise surrounded by unincorporated
territory. Also, consider issue presented by special districts lying in multiple council
districts.
ARTICLE VII
RECALL, INITIATIVE, AND REFERENDUM
Clty electors shall have the power to propose ordmances to the City Council. If the City
Councll fails to adopt an ordinance so proposed without any change in substance, the electors have
the power to adopt or reject the proposed ordmance at a City election. The electors are not empowered
to propose ordmances that extend to providing an annual budget, lexying taxes, or setting salaries of
City officers or employees.
What is the locally based rationale for limiting the subjects of referendum and initiative?
Why changed from "action" to "ordinance"?
City electors shall have the power to require reconsideration by the City Council of any adopted
ordmance. If the City Council fails to repeal an ordmance so reconsidered, the electors have the
power to approve or reject the reconsidered ordinance at a City election. The electors are not
empowered to reconsider ordmances that extend to providtng an annual budget, levying taxes, or
setting salaries of City officers or employees.
What is the locally based rationale for limiting the subjects of referendum and initiative?
Why changed from "action" to ordinance "?
What is the locally based rationale for imposing additional burdens on citizen rights with
no apparent corresponding benefit to the government or the process?
(a) Number and Signatures. Initiative and referendum petitions must be signed by City
electors equal to at least fifteen percent (15%) of the total number of regstered electors in the City,
as shown by the compilation by the Supervisor of Elections for the most recent general election of the
City Council.
What is the locally based rationale for imposing additional burdens on citizen rights with no
apparent corresponding benefit to the government or the process?
(6) Form and Content. All petition papers shall be uniform in size and style and shall be
printed on separate cards or indvidual sheets of paper. Adequate space must be provided for the
voter's name, residential street address, city, county, voter registration number, date of birth, signature,
and date of signature. There must be space for only one voter's signature to be located below the full
text of the ordmance proposed or sought to be reconsidered. Throughout their circulation, petitions
shall include the full text of the ordmance proposed or sought to be reconsidered.
[comment directed at both paragraphs (b) and (c)] These provisions of the proposed
Charter are excessively burdensome on citizens. The provisions of the existing Charter,
with the changes recommended by the League of Women Voters, are more democratic
and should be substituted for these two paragraphs.
(c) Affidavit of Circulator. When filed, petitions shall have attached an affidavit
executed by the circulator or circulators of the petitions that he, she, or they personally circulated
the petitions. The affidavit shall further state the number of signed petitions submitted and that the
circulator believes them to be the genuine signatures of the persons whose names they purport to be.
( d ) Filing Deadline. All initiative and referendum petitions must be filed within six9 (60)
days of the commencement date of the iniaative or referendum proceedngs.
The petitioner's committee shall submit the completed petitions to the Escambia County
Supervisor of Elections for verification as to the number of registered electors whose valid signatures
appear thereon, along with any fee required by general law. The Supervision of Elections shall
verify the signatures w i t h twenty (20) days of receipt of the petitions. The Supervisor of Elections
shall record the date each form is received by the Supervisor, and the date the signature on the
form is verified as valid. The Supervisor of Elections may verify that the signature on a form is
valid only if (i) the form contains the original signature of the elector;
(ii) the elector has accurately recorded on the form the date on lvhch he or she signed the form;
(iii) the form accurately sets forth the elector's name, street address, county, and voter
registration number or date of birth; and (iv) the elector is, at the time he or she signs the form, a duly
qualified and registered elector of the City.
How can the City compel an elected county official to act? Discuss preemption and
whether appropriate to apply similar state requirements that do not preempt.
(a) Action b_y Ci4 Council. When an initiative or referendum petition has been finally
determined sufficient, the City Council shall promptly consider the proposed initiative or reconsider
the referred ordinance. If the City Council fails to adopt a proposed Initiative ordmance without
any change in substance within forty-five (45) days or fails to repeal the referred ordmance withln
forty-five (45) days, it shall submit the propcsed or referred ordmance to the electors. If the City
Council fads to act on a proposed initlauve ordmance or referred ordinance w i h the time prescribed
in this subsection, the City Counal shall be deemed to have failed to adopt the proposed initiative
ordmance or have faded to repeal the referred ordmance on the last day that the City Council was
authorized to act on the matter.
After 60 days have passed during the petitioning period, why would a council need 45
days to determine whether an action in question should be repealed? Also, apparently
change would defeat an initiative or referendum.
(b) Submission to Electors. The vote on a proposed or referred ordinance shall be held
not less than h t y (30) days or more than sixty (60) days from the date the City Council acted or was
deemed to have acted according to section 7.07(a). If there is not a general election to be held
within the described time period, the City Council shall provide for a special election in consultation
with the Escambia County Supervisor of Elections. Otherwise, the vote shall be held at the same
time as such regular election. Copies of the proposed or referred ordmance shall be made available at
the polls. Nothing in this provision shall prohibit the use of a mail ballot election pursuant to general
law.
(b) Referendum. If a majority of the qualified electors voting on a referred ordmance vote
for repeal, the referred ordmance shall be considered repealed upon certification of the election
results.
ARTICLE VIII
SCHEDULE
Upon approval of a majority of the electorate voting at a referendum on thls Charter, this
Charter d become effective on January 1, 2010.
While it is the responsibility of the Pensacola City Council to consider alternatives that
may benefit the people which they serve, we are concerned that the creation of a special
election for the consideration of a new City Charter will be perceived as a de-facto
rejection of a County-wide initiative before the people of Pensacola have had an
opportunity to vote on the matter. If a decision is made in the affirmative, the matter will
be closed. If a decision is made in the negative, the question of re-organizing the City
government can certainly be put forward in a special election at a later time.
All ordmances in effect upon the adoption of thls Charter, to the extent not inconsistent
herewith, shall remain in full force and effect untll amended or repealed.
Identify all ordinances in current Charter not changed to charter provisions and explain
why not changed.
All provisions in effect prior to the effective date of this Charter, including, but not limited
to the Charter provisions contained in Chapter 15425, Laws of Florida (1931), as amended (the
former Charter), which are not embraced herein and which are not inconsistent with this Charter
shall become ordtnances of the City subject to modtfication or repeal in the same manner as other
ordinances of the City provided that all extra territorial powers of the City conferred by special act or
othenvise are preserved and can be repealed or modified only by referendum or as othenvise provided
by law.
If a conhct exists between the provisions of thls Charter and the Code of Ordmances, the Charter
provisions shall control.
The adoption of this Charter shall not affect or impair the rights, privileges or immunities of
City officers or employees at the time of the effective date of thts Charter, including rights provided for
pursuant to Chapter 447, Florida Statutes, and collective bargaining agreements. Elected officers shall
continue to hold their offices for the terms prescribed by the Charter in effect on the date of their
election, and they shall dtscharge their duties untd their successors are elected.
Would this exempt current department heads not living in the City from residency
requirements?
(c) Other Government Units. All existing right, obhgations, duties and relationships by
law or agreement between the City and other governmental units shall be unaffected by the adoption
of ths Charter and remain in full force and effect.
Change "right" to "rights. " Discuss effect of this sweeping language and provide
examples.
(d) Commencement of Terms for Year 201 0 Elections. The terms for the Council
hiembers and hiayor elected in the 2010 general electlon shall commence at noon on the second Monday
of January 2011 as provided for in the former City Charter, or on such earlier date as the office becomes
vacant after the 2010 general election. This provision shall be effective solely for the purposes of
transition from the former Ciq Charter to Section 3.02 of this Charter.
The City Councll shall adopt such ordmances and resolutions as are reqmed to effect the
transition. Ordnances adopted within sixty (60) days of the first Council meeting under this
Charter for the purpose of facilitating the transition may be passed as emergency ordmances following
the procedures prescribed by law.
ARTICLE IX
CHARTER REVIEW AND CHARTER AMENDMENTS
Add "every" to first "ten years thereafter. Suggest review after 5 years
"
(b) Composition. Every ten (10) years, the Mayor and each City Council member
shall appoint one (1) mcmber of the CRC. The CRC shall be composed of eight (8) members. No
members of the CRC shall be elected officials. Each member of the CRC shall be a City
resident. Vacancies shall be filled within 30 days In the same manner as the original
appointments.
CRC members should be resident electors.
(c) Procedures. T h e CRC shall meet prior t o the third week in January, 2021, and
every ten (10) years thereafter, for the purposes of organization. The CRC shall elect a Chair and Vice
Chair from among its membership. Further meetings of the CRC shall be held upon the call of the
Chair or any three members of the CRC. All meetings shall be open to the public. A majority of
the members of the CRC shall constitute a quorum.
(d) Rules and Compensation. The CRC may adopt other rules for its operations
and proceedmgs as it deems desirable. The members of the CRC shall receive no compensation.
(e) Expenses. Expenses of the CRC shall be verified by a majority vote of the CRC
and forwarded to the Mayor for payment from the general fund of the City. The City may accept
funds, grants, gifts and services for the CRC from the State, the County, and the government of the
United States or other sources, public and private.
"Verify"expenses by vote? A CRC should not accept money, grants, gifts, services, etc
from private sources.
fl Review. The CRC shall review, on behalf of the citizens of the City of Pensacola, the
operation of City government in order to recommend amendments to this Charter, if any.
Is the review of the "operation" of the government too narrow and bureaucratic? What
about the needs, desires, and aspirations of the City, and its citizens, for whom the
government exists?
(g) Report and Process. The CRC shall complete its review and submit a report to the
citizens of the City of Pensacola by July 31,2021, and every ten (10) years thereafter. Included k m h n
the report shall be any proposed amendments to the Charter, together with the wording of the
amendment which is to be voted on by the electorate. Any such amendments may be included on
the ballot as a single question, inlvidual questions or any combination of either. If one or more
proposed Charter amendments are submitted by the CRC, the City Council, in consultation with the
Supervisor of Elections, shall call a special election to be held in 2021 and every ten (10) years
thereafter, for the purpose of voting on the proposed amendments submitted by the CRC. Notice of
said election, together with the exact language of the proposed amendments as submtted in the
report of the CRC, shall be published by the City Council. Passage of proposed amendments shall
require approval of a majority of electors voting in said election on such amendment.
(a) Initiation by Ordinance. The City Council may propose amendments by ordinance
to this Charter. Upon adoption of the initiating ordinance, the City Council shall submit the proposed
amendment to a vote of the electors at the next general elecuon held within the City or at a special
election called for such purpose.
(b) Initiation by Petition. The electors of the City may propose amendments to this Charter
by petition. Each petition proposing amendments to this Charter shall be commenced in the same
manner and with the same number of petitioning electors as an ordnance proposed by initiative in
Article VII of this Charter.
(c) Consistency. Except as adduonally provided for herein, the method for Charter
amendments shall be consistent with State law.
ARTICLE X
MISCELLANEOUS
Section 10.01. Code of Ethics.
The City Council shall, upon adoption of this Charter, enact by ordinance a Code of
Ethics for all elected and appointed officers and employees of the City which shall set standards of
conduct equal to or stronger than the standards of conduct established by law.
The City shall not adopt any measure or policy that would condone, tolerate or encourage
&scrimination.
If any section or part of a section of this Charter shall be held invalid by a court of
competent jurisdiction, the court decision invalidaung any section or part of section shall not affect
the remainder of this Charter or the context in whlch the invalidated section or part of section may
appear, except to the extent that an entire section or part of section may be inseparably connected in
meaning and effect with the section or part of section to whlch the court decision may du-ectly apply.
MARILYN E. CROTTY
Biographical Statement
Marilyn E. Crotty is the Director of the John Scott Dailey Florida Institute of Government at the
University of Central Florida in Orlando, Florida. In addition, she serves as the Executive
Director of the Tri-County League of Cities.
Ms. Crotty develops and presents workshops, seminars, and conferences throughout the state of
Florida on topics of interest to state and local governments. She has designed courses in
organizational development, management and supervision, customer service, leadership, and
media relations. She also facilitates charter reviews and strategic planning sessions for local
governments and non-profit organizations. Ms. Crotty is a faculty member for the Florida
League of Cities Institute for Elected Municipal Officials.
Prior to joining the staff at the University of Central Florida in 1990, Ms. Crotty directed the
Institute of Government at Valencia Community College for eight years. She has been appointed
to many governmental boards and has served on the East Central Florida Regional Planning
Council, the Florida Environmental Efficiency Study Commission, and the Governor's
Commission on the Status of Women.
A Florida native, Ms. Crotty has a broad background in community service. A former president
of the League of Women Voters of Seminole County and member of the League State Board, she
lobbied in Tallahassee, coordinated and directed the election of the first Silver Haired Legislature
for the state of Florida, coordinated statewide debates for gubernatorial and senatorial candidates,
and developed and managed a program for economically disadvantaged women in central
Florida.
VITA
Marilyn E. Crotty
EXPERIENCE
HONORS and
APPOINTMENTS
Celebration
Marion Oaks
Poinciana