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HomeMy WebLinkAbout1991-01-08 - City Commission Joint Special Meeting MinutesCity Council and Charter Board Special Joint Meeting 1/07/91/KJ Page 1 CITY OF TAMARAC CITY COUNCIL AND CHARTER BOARD SPECIAL JOINT MEETING JANUARY 7, 1991 CliLL TO ORDER*, Mayor Abramowitz called this meeting to Order at 9:10 a.m. in the Council Conference Room of City Hall. PRESENT Vice Mayor Bruce Hoffman Mayor Norman Abramowitz Councilman Dr. H. Larry Bender Councilman Henry Schumann Councilman Henry Rohr Stan Bernard, Chairman of the Charter Board Isaac "Zeke" Feldman, Vice Chairman of the Charter Board Dr. Alfred Wald, Charter Board Judith Kitograd, Charter Board Muriel Davis, Charter Board ALSO PRESENT• John P. Kelly, City Manager Alan F. Ruf, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary Mayor Abramowitz read a memo from Chairman Bernard, "I attempted to see you this morning. Please be advised that the Charter Board has instructed our attorney to reopen our case. I will try to see you on Monday, December 31, 1990, in the morning." He said he did. He asked if everyone wants to go into this meeting with a discussion of the proposed Charter Amendments from the Charter Board and with the feelings and the Amendments from the City Council. Chairman Bernard said since the three year term amendment that was approved about seven months ago, there has been a lot of animosity in this area. He said at the Charter Board meeting on Friday, January 4, 1991, he played the tape of Council's workshop meeting of December 31, 1990, after being advised by somebody who attended that meeting, that there were many observations made at that meeting that concerned the Charter Board very directly. He said the person that told him said that their feeling was that Council was going to attempt to dissolve the Charter Board. Chairman Bernard said after listening to the tapes at the Charter Board meeting, he believes that all of the Charter Board members basically seem to feel that way. He said this was the impression that they got from the tapes. He asked the intentions of Council to the Charter Board and questioned whether this meeting was going to be an exercise in futility. Mayor Abramowitz expressed his concerns regarding bad feelings between the Charter Board and Council. He said the only notification that is seen in the public records regarding animosity and a particular item that could be harmful to the City, is the Charter Board notification that they are starting to sue the City. He said if Council and the Charter Board want to continue on per their agreement, that is why Council is present at this meeting. Chairman Bernard said he is not denying anybody that right or the right to propose to get rid of the Charter Board. He said if they would like to do that, this would be fine, but let them present that Amendment to the people and let the people vote on it; however, the feeling is so and it is very simple to make a decision on which way Council is going. He said if it is the intention of Council to present an Amendment of that kind before the voters of the City, he feels that the Charter Board members are wasting their time. Mayor Abramowitz said if Council intends to presenting anything to City Council and Charter Board Special Joint Meeting 1/07/91/KJ Page 2 the public, it will be known to everyone because it is public record. He said he has not heard any Motion made or any document that relates to this. He said the intention of the Council for this meeting is to discuss the proposed Charter Amendments. Chairman Bernard suggested reviewing the four Amendments th t presented to Council by the Charter Board. Muriel Davis said she does not feel that it would be in the gob or welfare of the City to pursue this suit. She said she was zot aware of the Charter Board's memo regarding this. She said it wo ld! bt enhance the image of Council or the Charter Board if this i pu sued. She said her feeling is that this needs to be resolved at p ese t. Chairman Bernard said everybody has a right to their opinio e said Ms. Davis was not at the meeting when this was discuss d. He said the Charter Board drew up three proposals for Amendmen s tc the Charter which were turned over to their attorney. He said n tle process of this, the attorney found that he would have to m ke fourth Amendment which would offer the changes to Article 7 Financial Procedures. He said the reason was some of the f nct bns of the City Manager were mentioned in the financial procedu es and were taken out of the financial procedures and put into the Cit Manager's duties. Chairman Bernard said he presented these proposed Amendment to Council on December 4, 1990. He said they were drawn up by their attorney with their instructions that they would have the a ili y to make any changes necessary. He said within two weeks of the Charter Board meeting of December 3, 1990, he requested a meeting be held with Council and the Charter Board. Mayor Abramowitz said on December 10, 1990, he sent a memo to Chairman Bernard regarding these proposals being received a d tke procedure that would follow. Discussion was held regarding the dates and times for a meeting. Mayor Abramowitz said a meeting of this nature could not be het until the City Attorney was able to attend and this is the first day he is available. He said he was made aware of the time fra e *iich any proposed Amendments were to be made. Chairman Bernard said a time frame was mentioned that by Jaruat3 22, 1991, any proposed Amendments would have to be sent to the Coubty in order to be placed on the ballot. He said due to not getti g Ory satisfaction, it was decided that the Charter Board would p oct d as their agreement specified. He said there was a copy of the agt ement with the proposed Amendments. He said after reaching an ag eedn nt among themselves, the Charter Board decided to proceed with the steps that were originally agreed upon. Chairman Bernard said the Charter Board decided that nothinc w4 happening and they were going to proceed on their own, whici w4s to instruct the City Clerk to advertise a Public Hearing. He said within ten minutes of his instructions to the City Clerk to adW rtise these Public Hearings for these proposed Amendments, he receivedreceiv0d a phone call from the City Clerk during which she said the City Manager refuses to allow her to make that publication. He said the Charter Board had decided that if that were to happen, they would t en proceed with the court case which had already been started. Mayor Abramowitz said based on this agreement, the City Man get had no choice but to issue those instructions. ZI V/M Hoffman said this meeting was to review these Resolut Mayor Abramowitz agreed. Chairman Bernard said within a day, a joint meeting between oun it and the Charter Board was set. He said it appears that Council wants to do away with the Charter Board. He said his purpose for sari g all of this is in an attempt to clear everything up once and for all. He said up until six or seven months ago, everyone involved was ble to talk to one another without any hard feelings. He said t 1h ere is a j City Council and Charter Board Special Joint Meeting 1/07/91/KJ Page 3 strong dislike between several people involved. Ms. Kitograd proposed to move on to discuss the proposed Amendments and Mayor Abramowitz agreed. Mayor Abramowitz said in the last joint meeting held between Council and the Charter Board, Council had come in with a determined set of circumstances based on their meeting and a drastic change was made after recommendations were made by the Charter Board because it seemed to make more sense. He requested that Chairman Bernard present the rationale and explain what the Charter Board is attempting to do, beginning with CBR-90-01. He asked that all objections and questions be asked throughout each presentation. Chairman Bernard read CBR-90-01. (See Attachment 1.) He said many of the things that are now in the City Manager's duties were removed from Financial Procedures, because in Section 7, the City Manager's title was indicated, which obviously belong in the duties of the City Manager, Article V. He read Article V, Section 5.04. V/M Hoffman suggested reading Article V, Section 2. Chairman Bernard read Article V, Section 2. C/M Rohr asked what is the rationale of giving the City Manager supreme authority. Discussion was held regarding this. Mayor Abramowitz said as long as he has a vote, he will never approve giving the City Manager supreme authority of this latitude. Dr. Wald said he feels the word, "absolute" is the part that is annoying everybody. He said if the City Manager has the right, power, and authority to hire people, then the City Manager should have the right and power to fire or suspend people. He said the word, "absolute" is the wrong word to use. He asked if "legally" would be a better word. V/M Hoffman said the City Attorney is a City employee. He asked if the Charter Board would give him the right to fire or suspend someone. Discussion was held regarding the City Manager's and the City Attorney's authority. Mayor Abramowitz said the word "absolute" means supreme, no question about it, under no authority. V/M Hoffman read the proposed Amendment, Section 2. He said this does not exclude the City Attorney. Discussion was held regarding this. Mayor Abramowitz said it is in the best interest of any city that the City Attorney not be under the direction of the City Manager because there are many times that the City Manager and the City Attorney do not agree. He said as a result, the City Attorney has absolute authority and power to come to Council and voice his opinion. He said the City Attorney is not an employee under the direction of the City Manager. Chairman Bernard said he has no problem with removing the word "absolute". He said the City Attorney is a separate issue. He said in the Charter, the City Attorney is listed as a separate individual who is hired and fired by the Council. Mayor Abramowitz said that is not what Section 2 states. He said the Charter is being changed. He said the City Attorney needs to be added to Section 2. Discussion was held regarding the meaning of Section 2. Chairman Bernard said he feels it is the intent that needs to be looked at and he has no quarrel with adding the City Attorney to Section 2. He said the Charter Board is suggesting taking the City Clerk out from under the City Manager's authority. V/M Hoffman asked if Council takes out the City Manager's right to fire certain people, what change this would make to the Charter. City Council and Charter Board Special Joint Meeting 1/07/91/KJ Page 4 C/M Rohr asked how this is change going to improve the Chart regarding the City Manager and why it is necessary to create situation where,one person is going to determine important I a government's working and eliminate those people who are e: oversee the whole picture of the government of the City. He a Councilperson, he represents the voters of this City and responsibility that if there is unjust treatment, there is i Department Head to handle this. He said he feels there are personality problems in this meeting. He said these people look to see if the job is done properly or improperly, but 1 do not like each other. He said he will not go along with E where one person is going to be set up as the dictator for 1 City or eliminate the elected representatives of the City tc some voice. He said this has been seen in other cities whe3 has been a lot of trouble because the Council and the Mayor informed and the City Manager did something without their kY Ms. Kitograd said the rationale for changing Article V, Sub (a), was basically a housekeeping of combining Subsections and (c). She said it was not the intention of the Charter change the duties at all. Discussion was held regarding th changes. She said she would be content to not change or c these articles. Dr. Wald said the problem is addressed by the question, doe have a City Manager government or a City Council government he does not remember the Charter Board ever writing or disc this Amendment or saying this Amendment in their writing wh part of the problem under Section 2, He said the Board did Section 5.04 and from there changes were made. He said he the attorney put it together in the proposed Amendment in s the changes that were made. He apologized to the Council b Charter Board did not specifically write or dictate the wor the proposed Amendment. He read under Article 11, "The Cit is an individual who is hired in all at the pleasure and at compensation as determined by the Council." He said he has to do with the City Manager. He said the City Attorney is the City Council and his salary is determined by the City C He said no matter what is said in the proposed Amendment re City employees, the City Attorney is a separate individual. Mayor Abramowitz said supposing the proposed Amendment is a written, then there is a change in the Charter. He said at Article 11 states that the City Attorney is under the direc is hired by the Council. He said Resolution CBR-90-01 stat the City Manager has absolute authority over every employee the difference is now there is litigation. Discussion was regarding the language. He said he has the highest respect regard for City Manager Kelly's professionalism and ability the administrative matters of the City. V/M Hoffman suggested that if the Charter Board has not st Resolutions, to adjourn this meeting for review time. er a. hay s of ectk(d to s okd as t i his do' r of hey just nytt ing he hole h6i e e ere wer not owl dge . e ct on a),, (b) . oard to se th City H said ssil g ch s choLi ge eel that mmla izing cause the ing of Attorney not ing ireby unc 1. and ng ,pro ed as present, ion and s tl at HE said eld and tol 4un ed Ithese Ms. Davis said under (j) Independent Audits, there is another tiror which states, "He shall administer any oath by law", which went to the the City Clerk. APE 2 Dr. Wald read from the proposed Amendment. He said this me ns' hat whatever is in the current Charter, the City Manager cannot ove ride them. Discussion was held regarding this. Chairman Bernard said it was agreed that the word "absolute' is improper. He said if Council would like to spell out the a cep ions, he does not find any difficulty in that. He said if something in the proposed Amendment is contradictory to the current Charter, he does not feel there is anything wrong with making the proper cor ect'ons. He said that is the purpose of this meeting. He said the p opW ed Amendment was drawn up by their Attorney and it was expectec to be drawn up in agreeance with the current Charter. He said in reading this, it is obvious, in some cases, the Charter Board missec whet might prove to be an obstacle; however, the Council has to ake into i c City Council and Charter Board Special Joint Meeting 1/07/91/KJ Page 5 consideration the intentions of the Charter Board, which was not to give the City Manager 100% authority. Mayor Abramowitz said Council cannot go by intentions. Ms. Kitograd said the questionable change on Section 5.04 (a), was the attempt to combine Subsections a, b, and c, and was taken directly from the current Charter. She said it presently states in the Charter, "He shall suspend or remove any employee except as otherwise provided by Law or rules adopted pursuant to the Charter." She said the Charter Board has not made any change. Discussion was held regarding this. Mayor Abramowitz said there are two things in the proposed Amendment that the Council does not like which are the word "absolute" and it does not include the City Attorney. Ms. Kitograd said the word "absolute" is out. She said the Charter Board took the exact wording from the current Charter and combined the subsections. Mayor Abramowitz said the Charter Board is stating that the Charter prevails Section 11. He said he feels that the Charter Board is trying to provide an absolute conflict between this and Section 11. Discussion was held regarding the wording of the proposed Amendment. Mr. Feldman said the word "absolute" is out. He said if this meeting is to change the Charter, the Charter Board has not received any changes that Council proposes to make. Mayor Abramowitz said this meeting is to discuss the changes of the Charter Board, not of Council. City Attorney Ruf said everyone in this meeting agrees this needs to be redone. He said there are substantial problems with them and he suggested concentrating on the problems. He said motions are needed. * Dr. Wald MOVED that Council review these Amendments, make the * necessary corrections and inform the Charter Board in writing of these corrections. He said the Charter Board will review the * corrections and then there will be something to discuss. Ms. Kitograd said the discussion needs to be done jointly. V/M Hoffman suggested leaving the wordage as it is in the current Charter. C/M Bender said this meeting consists of elected officials. He said the elected officials receive a mandate from the majority of the vote of the public and it is to represent them in all matters of running the City of Tamarac. He said at present, the discussion is taking the mandate, disregarding it, and giving that power to a City Manager. He said the current Charter specifically states that certain things have to be done with the approval of the Council, which is done for a purpose. He said Council does not want to delegate or give away the right to do what must be done as mandated by the elected public. C/M Bender said the elected public gave Council that responsibility. He said Council cannot let the City Manager run the City, that would be losing the complete responsibility which was placed upon Council by the public. He said he feels this cannot be picked apart without consideration of the reason Council was voted into office. He said if the Charter Board is stripping the Council of its responsibility to react to the public, then that is an injustice to the public. Ms. Davis said the intent of the Charter Board was to clarify and consolidate the language in Section 5.04. Ms. Kitograd suggested moving off Section 5.04 and it will be left in separately. 0 Chairman Bernard said the purpose of a joint meeting is to make City Council and Charter Board Special Joint Meeting 1/07/91/KJ Page 6 corrections and discussion on what has been proposed. C/M Rohr said it appears that the consensus is that concern was proposed, after due consideration, there is no need for of change and he suggested moving forward. ig w :hat Mayor Abramowitz said it is the feeling that Section 2 should be eliminated. Discussion was held regarding this. Ms. Kitograd said to move on to the part of Section 2 where it a the budget and message and deletes the oath of office. Mayor Abramowitz said it was agreed that the word "absolute" be removed and the City Attorney should be inserted into the pr pc�s Amendment. Discussion was held regarding this. xat type Ms. Kitograd said in order to rewrite Section 2, discussion �e4d to be held regarding the Subsections. V/M Hoffman said he feels there is no need to change Subsections a, b, and c. He said he agrees with the suggestions of the Charter Board on Subsections d and e. He said he agrees with the Administration of Oath Subsection. He said he feels there a e'v ry few changes in the City Manager's duty as far as the Charter is concerned. Ms. Kitograd said the Charter Board eliminated the Administration of Oath, added some Budget and Message and Capital Program, and the attempt to consolidate some of the Subsections, which was a housekeeping measure. She said the Charter Board did not chan4e in any way any wordage or intent of the Charter. Discussion was held regarding the wordage and the headings of the Subsections. Mayor Abramowitz said no checks can be issued in the City of Tamarac unless the computer printout is signed by both the City Manager and the Mayor. He read from Subsection f, "Pursuant to appropriate Ordinances, Resolutions, and directions of the Council." He real from the first part of Subsection f, "He shall execute bonds, contracts, and issue checks on behalf of the City." He said if his is to be clarified and made easier to understand, he suggest d i be done in language that two attorneys cannot sit down and make s p rate opinions of what it means. Discussion was held regarding th wo'ding of the Subsections. Mayor Abramowitz read Subsection (i), Accounts, Audits, and Reporting. He said he would not want the City Manager to do thi , which is the Finance Department's job. He said he feels the Cha ter Board does not understand the entire scope of how the City is rtu . He said the Finance Director has her duties to perform. The Cit Manager has overall charge of the Department Heads. He said thi is the reason he is so insistent upon the City Attorney being i ciu ed under the direction of the Council. He said there are many ire when the City Attorney advises Council on the correct way to h4n le things. He said City Manager Kelly is a top-notch City Manager. He said the ultimate responsibility for everything that happens in Tamarac is the responsibility of the Council. Mayor Abramowitz said the City Manager has the overall respo sIbLlity of the various functions of the various departments. Discus i6niwas held regarding the various Subsections and the way they are wordd. Dr. Wald said the Charter has been in existence for some tim e said everyone agrees that they do not expect the City Manager to handle all of the various departments personally. He said t e oily thing the Charter states is that he has the ultimate respons'bil ty and the Council has the final word. City Attorney Ruf said everyone agrees that this needs to be reworked. He suggested that the thoughts of the Charter Boa da d Council be shared. Ir Mayor Abramowitz said in the last Referendum, the voters gav th Council the right to borrow money for lighting. He said Cou cil has City Council and Charter Board Special Joint Meeting 1/07/91/KJ Page 7 instructed City Manager Kelly to find the appropriate financing package to accomplish what the voters approved. He said he is privy to know what City Manager Kelly has on his mind and what he would like to do to finance this package. He said he is opposed to what City Manager Kelly is proposing. He said the determination will be made by Council once the presentation is made to Council. Dr. Wald asked why should City Manager Kelly, as an administrator, set up a financial plan for the City when there is a Finance Department. Mayor Abramowitz said the Charter Board does not understand the duties of the Finance Department. He said City Manager Kelly must present this to the Council for approval. Discussion was held regarding taking the power from the elected officials and giving it to the City Manager. C/M Rohr said it appears that it will not be easy for the Charter Board members and the Council to figure out the changes that are being indicated in the relationship of responsibilities and duties. He suggested that the changes proposed be done in writing and reviewed for consideration in all fairness to the Charter Board. Mayor Abramowitz said each Council member would need to make an independent study and write an independent paper regarding this. Chairman Bernard said if the Charter Board and Council had met long before this meeting, the deadline would not have been so close. He said this could have been discussed long before this meeting. Mayor Abramowitz said absenteeism is the reason for not having this meeting before now. He said he feels this does not take too much time if it is handled properly. Discussion was held regarding the purpose of this meeting. Ms. Kitograd suggested moving on to CBR-90-04 regarding the City Clerk. (See Attachment 2) She said the purpose of this is to put the powers and duties of the City Clerk under the authority of the City Council as she is doing at present, and that the City Clerk administer all oaths of office. V/M Hoffman said he does not feel the City Clerk should be taken from the authority of the City Council. Ms. Kitograd said the Charter Board is providing the City Clerk to the absolute authority of the Council. V/M Hoffman said the Charter Board is removing the fact that the City Council has some control of the City Clerk's suspension or removal. Discussion was held regarding this. Mayor Abramowitz said the problem with this is that he feels the Charter Board is reverting to the old Tamarac and involving themselves with administrative matters. He said the City Clerk is an administrative matter and should be under the direction of the City Manager. He said he has no objections to who administers the oath of office. He said he does have an objection in removing the City Clerk from the direction in all respects of the City Manager. He said he can see politics coming through on this. He said he can see a divided Council decide to vote and say they have the right to fire the City Clerk and as a result, could instruct the City Clerk not to put something on the ballot. Mayor Abramowitz said the current Charter is written that the City Manager can look to dismiss the City Clerk; however, he must present this to the Council first. He said he feels this step is definitely needed where the City Clerk is involved. He said the City Clerk is a very important and valuable Department Head and there must be balance and counterbalance for the City Clerk. Mr. Feldman said if changed, the City Council could not authorize an Amendment to be put on the ballot. He said in 1985, the Charter Board never had to go before the City Manager or anybody else to put City Council and Charter Board Special Joint Meeting 1/07/91/KJ Page 8 on an Amendment. He said when Marilyn Bertholf was City Cl Charter Board would go to her and she would put it on with authorization from anyone else. He said those Amendments w by the Charter Board, voted on by the public, and voted on one in favor of the Charter Board. He requested that he be where it says in the Charter that the Charter Board has to the Council or the City Manager to have permission to put A on the ballot. Dr. Wald said he feels that the City Clerk is more in the Cc jurisdiction than that of the City Manager. He said the Cit is in charge of all of the City's legal papers, Resolutions, Ordinances, and other legal and legislative paperwork. He a it is felt that the City Clerk is more in the administrative than in the legislative position. He said he feels she is n the legislative position. -k, he ,ept on iroe to rho a before -ndments indi ''s r Clark 3k6 'why pos ''tion )ro 'n Mayor Abramowitz said all of the departments function in this rya ner. He said he feels he does not have the administrative capability to do the type of job that the City Manager does. He said this is an administrative matter. He said his secretary keeps all of the legislative matters, but she is under the City Manager. V/M Hoffman said he feels there is no reason to change the way t ings are at present, where the City Clerk is under the City Manager, ut has the protection of the Council in the event the City Clerk anI the City Manager disagree. AP� 3 V/M Hoffman said the necessity of the City Manager administering the oath can be removed by Ordinance of the City Council and can be placed in the department of the City Clerk without going th oulh'a Charter Amendment. Dr. Wald said the oath was an add --on. He said the Charter Board felt that the City Clerk has an important job in the City and she should be under the jurisdiction of the City Council rather than the City Manager. He said he feels the Council is trying to protect their own turf in regard to the City Manager. He said he feels that the Council wants the City Manager to access permission from Council to do many things. V/M Hoffman said the City Clerk's office is a very important office, but so is the Fire Department and the other departments in t e''C"'ty. He said he agrees that the City Clerk's department is a little'c'oser to the Council than the Fire Department; therefore, he feels the'City Clerk should have the protection of the Council when it comes to suspending or firing that person. He said he does not feel h4t'the City Clerk should be taken away from the general administration of the City which is under the City Manager. V/M Hoffman said he feels that the person who administers the oath is unimportant. He said he feels that if part of the first Ame dme t is approved, a Resolution or Ordinance can be passed placing the administration of the oath into the hands of the City Clerk i#hut the necessity of having a Charter Amendment. He said he feels 't at the Charter, like the Constitution of the United States, should ie simple. He said the Charter should not tell people what they itu t do, but tell people what they cannot do. He said the Charter Board is trying to legislate by Charter Amendment and he feels this is wrong. Ms. Kitograd said the rationale for addressing this in terms 64 "he change came from a couple of sources, some of which were fro �a la Coleman's recommendations. She said the prime thing was that th City Clerk has the right upon suspension or removal for a pu lic hearing. She said no other employee has that right, which s t he City Clerk apart, even administratively. She said, in discu sxn with other City Managers, some of the City Managers indicatel ih t the proposed is the way they would prefer it. Mayor Abramowitz said City Managers believe that nobody else in he City has any power. He said, in response to "protecting their t rf", Council is saying to the Charter Board not to give Council the d City Council and Charter Board Special Joint Meeting 1/07/91/KJ Page 9 absolute control over the City Clerk. He said Council does not want that control, but they want to make sure that the City Manager cannot arbitrarily dismiss the City Clerk without Council approval. He said the statement regarding the City Clerk being the only employee who has the right to appear before Council is incorrect. Ms. Kitograd said the City Clerk has a right to a public hearing. Mayor Abramowitz said he is asking the Charter Board not to give Council all of that power. He said Council can call a special meeting and fire the City Manager at any time. He said as a result, if Council was looking to protect their turf, everything would be taken away from the City Manager and put into the hands of the politicians. He said he will fight to avoid putting that power into the hands of the politicians. Discussion was held regarding the jurisdiction of the City Clerk. Mayor Abramowitz read the proposed Amendment. He asked who is going to determine the City Clerk's salary, her ability to run her department or her budget. Chairman Bernard asked if this is done when the City Attorney presents a budget to Council. Mayor Abramowitz said the Council does not commend and evaluate. He said Council looks at the figures and how much is spent by the City Attorney and every check has to be countersigned by the Mayor and the City Manager. He said he is not equipped to make an evaluation of the City Clerk's department. He said he feels that there are some people who are unhappy that there is peace and tranquility in the City. He said he feels the system is working well. C/M Bender said the Charter needs to be simple and have a broad set of guidelines to follow. He said administrative duties and functions cannot be written into the Charter. He said to get into the mechanics, the administrative responsibilities should be taken separately from the Charter. He said once the power is established, then it is defined in the form of a Resolution, then it becomes a Code, and can be modified as it is needed. He said the City cannot continue to make changes in the Charter, as the United States Constitution does not get changed. He said he objects to the administrative functions in Carla Coleman's recommendations. V/M Hoffman said anything that is covered by State Statute should be eliminated by the Charter. Discussion was held regarding the duplications between the Charter and the State Statutes. Ms. Davis said she feels that the Charter Board has misunderstood their responsibilities in changing the Charter. She said she was not aware of making drastic changes. She suggested that the entire Charter be reviewed again before making any changes. Mayor Abramowitz said much of this discussion has been regarding Carla Coleman's recommendations. He said there are parts that he agrees with and others he does not. Discussion was held regarding Carla Coleman's recommendations. Mayor Abramowitz said he intends to go through Carla Coleman's recommendations and make whatever corrections he feels necessary. He said he is open for suggestions on how to solve this in a manner that is sensible and works for the City. He said he is absolutely opposed to CBR-90-02 - Districts. He said he does not want to shut down the avenues of communication until it becomes necessary and asked for a sense of direction from the Charter Board and Council. C/M Rohr said he feels the only way anything is going to be accomplished regarding the Charter is that many hours and meetings are needed. He suggested holding set joint workshop meetings and start from the beginning and work through the entire Charter to come to an agreement. Chairman Bernard said this should be taken into consideration. He / f City Council and Charter Board Special Joint Meeting 1/07/91/KJ Page 10 said it is obvious that nothing will be accomplished for the u election. Discussion was held regarding the disagreements bet the Charter Board and the Council. He said the Charter Board Council began working on the Charter over one year ago. He as what has been accomplished in the past year's work. Mayor Abramowitz said there were five or six Amendments made wh oh were so dramatic, they were easy to accomplish. He said what li being done in Phase 2, is not as dramatic and is more diffi ul{ to accomplish. I Chairman Bernard said many things have been passed. He said t fre has been a disagreement about one of those items, which has re ilted in a lawsuit; which was brought by an outside attorney. He sa there has been very little done to get together, resolve and c elige the Charter. He said it appears that the Charter Board will n be able to accomplish what they wanted to do. He said the next C arter Board is going to have a big responsibility to bring this C artet into the 21st Century. 1 V/M Hoffman said he has been accused of trying to destroy tie Charter Board. He said he has no desire to destroy the Charter Boa d. He said he would like to see a Charter Board that would work wthinithe confines of the Charter Board's responsibilities. He said Me would like to see a Charter Board that would devote it's energies to improving the Charter and making it a document that becomes meaningful in the operation of the City. He said he does not feel that it is the Charter Board's responsibility to find items to fight about with the Council. He said he feels the responsibility of the Charter Board is to work with Council within the framework of the Law. He said the Council has many responsibilities beyond ont ruing itself to changes to the Charter. V/M Hoffman said it would be very nice to have a Charter Bolity rd bat could work and make recommendations for Charter improvement to the Council, so that the City becomes easier to live in. He sad h feels everyone should be present to serve the City. He sai the, Charter should not be a method to legislate changes in the He said the Charter should be a set of rules under which the City functions. He said the Charter Board should review the Cha teir and the first thing that should be eliminated is anything that is jvered by State Statute. He said the City Charter says that 7% of the registered voters can come forth with an Amendment; State L w 89 s it is 10%. He said State Law applies to everything. He said if t Charter is contrary to State Law, the Charter is null and v id'. Ms. Kitograd said the Charter at present gives the Charter oar rights to place items directly on the ballots for Amendment . Ue said the Charter Board has; however, a Resolution that is sif gnu iby the Council and the past Charter Boards that states that th Ch tter Board and Council will work jointly. She said the reality t is is entirely different. She said she feels that there is almost no Point in the Charter Board spending numerous hours reviewing the Chatter separate from the Council. She said there is a need to pro eeo Jointly. V/M Hoffman asked how much it cost to hire an attorney to ptep4le these Resolutions prior to discussion with Council and Mayo Abramowitz said $291. Discussion was held regarding this. C/M Rohr suggested holding a monthly joint meeting to revie a1n propose changes to the Charter. Mayor Abramowitz said it is very difficult to get a full attendance to these meetings. He suggested getting a list of dates that members would be able to attend meetings and the dates will be combined to arrange meetings. Ms. Kitograd said a quorum from each side would need to be re0nt at these meetings. Dr. Wald said he feels that before any more discussion is h ld regarding changes, it needs to be clarified what the duties of jhe City Council and Charter Board Special Joint Meeting 1/07/91/KJ Page 11 Charter Board are. He said the State Attorney gave his opinion as to the rights and duties of the Charter Board. He said the Charter at present gives the Charter Board other rights and duties. He said in the past, the Amendment right that the Charter Board has according to the Charter, has been removed a little at a time. He said the Charter Board at present is not permitted to place Amendments on the ballot except through the Council, who in turn, would make an Ordinance and then place it on the ballot. He said this is not in accordance with the Charter at present. Dr. Wald said from time to time, the investigatory power of the Charter Board has been questioned because of the subpoena power the Charter Board does not have. He said the Charter Board has no Amendment rights, according to the Charter. He said the Charter Board cannot do any investigation, except by doing so privately, according to the Charter. He said if the Charter Board cannot do any of the things that are mentioned in the Charter, either the Charter should be changed or the Charter Board should give up and have the Charter Board, not be an elected body, but have the Charter Board be an advisory body like all other boards. He said he is not speaking for the Charter Board, but personally. Mayor Abramowitz said State Law supersedes anything the Charter has. He said the interpretation from the State Law is as it stands at present, which was given by the City Attorney. He said Pembroke Pines, the only other City with an elected Charter Board, has just received the same information from the State's Attorney. He said the Charter Board and Council have now reached a point in agreement to meet on a monthly basis and, if there are any changes, he would like to be advised. Ms. Kitograd said she agrees said she feels the topic for looking at the changes in the Board duties for the purpose discussions. with everything that Dr. Wald said. She the first joint meeting should be Charter that would change the Charter of the Charter prior to any other Chairman Bernard agreed. He said it is necessary to determine what the Charter Board's duties are. Ms. Davis said she feels the duties and powers of the Charter Board need to be defined. She asked if the Resolution that was passed by Council after the opinion of the Attorney is in effect. Mayor Abramowitz said he feels that if the Charter Board does not want to meet with the Council, that is their prerogative. He said if the Charter Board wants to litigate, he feels they are playing into the hands of the people who advocate abolishing the Charter Board, which is the concern of the Charter Board. Ms. Davis said the Council's indication to have joint meetings would indicate that Council would want to go forward and Mayor Abramowitz agreed. C/M Rohr said it is always better to talk than to fight. Chairman Bernard said since it appears that Council and the Charter Board have reached some conclusion, the Charter Board can now inform their attorney that whatever steps he has taken up to this point, he should stop proceedings. Mayor Abramowitz said that is the Charter Board's business. He said the Charter Board should do whatever they feel is proper for the Charter Board. He said he does not want anyone to say that the Council influenced the Charter Board. Melanie Reynolds, resident, said everyone has forgotten the public. She said the Charter belongs to the public and never before has she known of any meetings on Charter Amendments in which the public was not included. Mayor Abramowitz said she is the public and everyone agreed. City Council and Charter Board Special Joint Meeting 1/07/91/KJ Page 12 With no further business, Mayor Abramowitz ADJOURMD this a 11:25 A.M. J ORMAN ABRAMOWITZ MAYOR CAROL A. EVANS CITY CLERK "This public document was promulgated at a cost of $182.25 o $3.65 per copy to inform the general public, public officers employees of recent opinions and considerations of the City Council and Charter Board of the City of Tamarac." i eetti I. OF TAKARAC T IV (I' g at I CHARTER BOARD, TAMARAC, FLORIDA RESOLUTION NO. CBR-90-01 PROPOSED i/7hl 0 �/K A RESOLUTION OF THE CHARTER BOARD AUTHORIZING �f AND DIRECTING THE PROPER OFFICIALS TO ADVERTISE AND CONDUCT A PUBLIC HEARING TO PROPOSE AN AMENDMENT TO ARTICLE V, SECTION 5.04 OF THE CITY CHARTER TO REVISE THE POWER AND DUTIES OF THE CITY MANAGER. WHEREAS, the Charter Board is authorized by Section 8.02(b) of the Tamarac City Charter to submit Charter amendments to referendum to be decided by the City voters; and WHEREAS, the Charter Board pursuant to subsection 8.02(b) of the Tamarac City Charter must hold a public hearing on proposed Charter amendments prior to submission to the electorate; NOW. THEREFORE, BE IT RESOLVED BY THE CHARTER BOARD OF THE CITY OF TAMARAC, FLORIDA: Section ,IL That the appropriate officials are hereby authorized to advertise for a public hearing on the amendment to the City Charter proposed below and such appropriate officials are authorized to schedule such public hearing at the earliest practicable moment. Section 2: That the following proposed amendment is to -be presented to the electorate of the City of Tamarac at a public hearing: • An amendment to Article V, Section 5.04 of the City Charter to revise the Powers and Duties of the City Manager by granting the City Manager the absolute authority to appoint, suspend or remove any City employee, Department Heads and the Chief Building Official; perform all administrative and managerial duties and functions at his discretion, with exceptions as may be prescribed by this Charter, and delete the administration of oaths from City Manager's duties. Yes No Additions in text are indicated by undersgore; deletions by "Pirkethremgh . ARTICLE V. CITY MANAGER Section 5.04. Powers and duties of the city manager. (a}- hppei�r�rCrrt-ef-Bepar�ment�iead�r���re�#starrt�,#�jr liaamegerr--He-si�n��-epgeiiRt;-4iime.t-avid -1vervIse —the--heed&-e L ai4 elagart�ererrta-ar►+ �rrr 8i-s arrt-cf y�ura�rrager;-ff-ragwired-oubteet to a-apprera}-ef-tl�e-:eaerirty--efhe�exrrrc��r--'Phe�nnrarrager�-r�tbcct te-the-eppi^evs�-of-tire-�sotmesii;--shell -9PPo ; -et pemc.}:-en�oRrr-er dFemet e-t�ae--ch#e�-btrf��ng -off#c�e�z---fn-e#re�.tsrstex�ees-fir-the eemrrcrl -deems-�ppropriratc; --etey--d3xeet��►--eppe#r�t�---e penal; remove -er dex�ete the -oaf -ef f i ea QIII'OLi1vt t0 this QIsiFer. (b) Direction and Supervision of Departments, Offices A encies. He shall direct and supervise the administration o d partments, including the building department, offices a encies of the city, except as otherwise provided by this Ch o by law. ---spesf oxt--nor•-�"er!`""gtpn --Heads #rriebraterar---die--�xr�.-i-edepend--er---remove--�xrY--emp�eYe #ntive-adm+n#stretive-e#f#eer--c p� -grog dees -or- rules adept-pateannt- �:i-Eirarter -when-�ie�- ar�--tor--the--jeod--ef--bhe-�# �rrimtraba�c-offl�ccr-�rhe--#e--aetb�eeb--�e--kri-s--s�rrecbierr rri-a#err -tea txcrcirsc -emcir �er+erd-�rcr�ted -i�rr �iyrab �f f fecr: 1%1 (a} Execution of Duties. He shall ensure that all visions of this Charter and acts of the council, subji orcement by him or by officers subject to his directii envision, are faithfully executed. .= (e} Bonds, Contracts, and Issuance of Checks. He ute bonds, contracts and issue checks on behalf of th, want to appropriate ordinances, resolutions and directi council. gi tf} Collection of Revenues and Maintenance of shall collect all city revenues (and] keep proper r 1 monies received by the city. III fit Purchasing Powers. He shall purchase suppl ices, capital equipment, noncapital equipment and contr irs and improvements for the various departments, and c the construction of public improvements. L1 ft Accounts, Audits, and Reporting. He shall ma uniform system of accounts, and audit such accounts c partments, officers, and appropriate employees; make r ereof to the council; immediately audit the accounts R ficer or department head handling public funds 'upon signation, removal or expiration of term of office. J_U fL} Independent Audits. He shall administer an quired by law, resolution, or ordinance, and perform all oti ties as may be specified by law, this Charter, ordi a fi solution or act of council. • freer-bY--.lr;- ; -er-end#Hance=-avid --petform -i �-�-�e�r-�•-epee#ffed-��►--iev-;-�f�-Ebnrters-� }�ferr br �eab-ef �xlc��r 1 I I AH, I 1 (k) Attendance at Council Meetings. He shall attend all council meetings but may not vote; recommend to the council for adoption such measures as he may deem necessary or expedient in the best interest of the city; report to the council concerning the operations of departments, offices and agencies, subject to his direction and supervision. (1) Administrative Departments, Divisions and Agencies. He shall exercise the administrative powers of the city through such departments, divisions, and agencies as the council may, by ordinance, from time to time, establish. The head of each department, division or agency, except as otherwise provided b law or by this Charter, shall be responsible to the manager for the operation thereof, and shall perform such duties and have such powers as may be prescribed. Two (2) or more departments and/or divisions and/or agencies may be headed by the same individual. • Should any section or provision of this Resolution or any portion hereof or any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof other than the part to be invalid. PASSED, ADOPTED AND APPROVED this day of , 1990. STAN BERNARD CHARTER BOARD CHAIRMAN I HEREBY CERTIFY that I have approved the form and correctness of the RESOLUTION. ALAN L. GABRIEL COUNSEL TO THE CHARTER BOARD resolut.tam PROPOSE of CHARTER BOARD, TAMARAC, FLORIDA // 7/ 7 RESOLUTION NO. CBR-90-/ aI A RESOLUTION OF THE CHARTER BOARD AND DIRECTING THE PROPER OFFICIALS TO ADVERTISE AND CONDUCT A PUBLIC HEARING TO PROPOSE AN AMENDMENT TO ARTICLE X OF THE CITY CHARTER TO REVISE THE POWER AND DUTIES OF THE CITY CLERK. WHEREAS, the Charter Board is authorized by Section 8.02( ) he Tamarac City Charter to submit Charter amendments c ,endum to be decided by the City voters; and WHEREAS, the Charter Board pursuant to subsection 8.02(b) Tamarac City Charter must hold a public hearing on propc ,er amendments prior to submission to the electorate; NOW, THEREFORE, BE IT RESOLVED BY THE CHARTER BOARD OF OF TAMARAC, FLORIDA: B,c�tioa,That the appropriate officials are her irized to advertise for a public hearing on the amendment pity Charter proposed below and such appropriate officials prized to schedule such public hearing at the earli (cable moment. Sgction2: That the following proposed amendment is to e anted to the electorate of the City of Tamarac at a publ c .na: An amendment to Article X of the Ci Charter to revise the Powers and Duties of the City Cler providing the absolute authority to the City Council appoint, suspend or remove the City Clerk; directing the Ci Clerk to administer the oath of office, and requiring th every elected official and City employee take and subscri to an oath of office before the City Clerk. Yes No� Additions in text are indicated by ; deletions "rfke�irrengh . ARTICLE X. CITY CLERK Section 10.01. Appointment and compensation. The city clerk shall be appointed by the manager-w4t*-1 -ef-the council and compensation fixed by the council. Section 10.02. Powers and duties. JAI The city clerk shall be the official custodian of c t 's seal and of all city records and papers of an offic a cter, the city clerk shall give notice of council meetings p ided by law; shall attend all council meetings; shall k ]I► n too of its proceedings, the correctness of which shall a p oved by the council and then certified by the city clerk e presiding officer at such meeting; sign all ordinances s lutions and record them in full in books kept for s see; and shall perform such other duties as are required 1 w the council or the city manager. y al as be II 1-1 1 I1 1 the clerk Section 10.03. Suspension or removal. The city clerk may be suspended or removed by the =aaa9er vi4lb-the-eemserrb-of—the council r-fir, horwever, upon demand to by the city clerk, the council shall hold a public hearing p suspension or dismissal. • Should any section or provision of this Resolution or any portion hereof or any paragraph, sentence or word be declared by a court of competent jurisdiction to- be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof other than the part to be invalid. PASSED, ADOPTED AND APPROVED this ^_ day of , 1990. STAN BERNARD CHARTER BOARD CHAIRMAN I HEREBY CERTIFY that I have approved the form and correctness of the RESOLUTION. ALM L. GABRIEL COUNSEL TO THE CHARTER BOARD resolut.tam f*— 3 CHARTER BOARD, TAMARAC, FLORIDA PR0100 E D RESOLUTION NO. CBR-90- p, j i A RESOLUTION OF THE CHARTER BOARD AUTHORIZING AND DIRECTING THE PROPER OFFICIALS TO ADVERTISE AND CONDUCT A PUBLIC HEARING TO PROPOSE AN AMENDMENT TO ARTICLE VII OF THE CITY CHARTER TO REVISE SECTION 7.02 AND SECTION 7.04 OF FINANCIAL PROCEDURES OF THE CITY OF TAMARAC. WHEREAS, the Charter Board is authorized by Section S. 02 the Tamarac City Charter to submit Charter amendments t !ferendum to be decided by the City voters; andit WHEREAS, the Charter Board pursuant to Subsection 8.02( ) Tamarac City Charter must hold a public hearing on pro os ter amendments prior to submission to the electorate; NOW, THEREFORE, BE IT RESOLVED BY THE CHARTER BOARD OF TAMARAC, FLORIDA: Section, 1: That the appropriate officials are h thorized to advertise for a public hearing on the amendme; e City Charter proposed below and such appropriate official thorized to schedule such public hearing at the ear acticable moment. Section 2_ That the following proposed amendment is ,'esented to the electorate of the City of Tamarac at a taring: An amendment to Article VII of the Charter to revise the Financial Procedures of the Cif Tamarac by transferring the requirements of Section relating to the submission of a budget and, Section relating to the capital program to Article V, Section Powers and Duties of the City Manager of the City Chart Yes No Additions in text are indicated by ; delet frtrrkebrrrengh . ARTICLE VII. FINANCIAL PROCEDURES Section 7.02. Submission of budget and message. the►-mar►aget-�i3 ;-�r-vr-before-dtt��r-'�0-� r� r-ae�bmf b-te-the-ae�iae�i3-et-Ybtxkje�-d`ar-�:ite--e�etti�►g�i e�a�- tker-�rit��r-message;-irh#atr-�ka��-eat��r�e-�x�opo�ecP-f�ktra chat-deeerfbe-� �f-the-�adget�-� r-�-kar�gr�+--from-�l�r-�rrrcr�--scar--i�rr--f�t�ar�efa�-�e�f r�kf��treer--arm--rev�rtt� t-arfrrr-eke-�t���--amrrtrr� ar��--f}rrarrcta�--anc�-�bt--pear�ierr-�ar�--�rrc��tdc--r��tcir-- rf Section 7.04. Capital program. �ha-mnrager-uteri-3--fi-e-the-bomtoi3 -er p raxt pry-er-�e-KnY-3-�f�s�t�-�-�ryeer=--�PZ��eegi�a�� a��-itre ado-but-�xrh-ice �itritec� tv-e-sate�nsf�►-v-�t�o--c■ent �-ef-�i�r�a-l--ferprevemerr�-Mh:Ee�i-ax^e- {o--�ar 1 Ll n �qtr'- 3 Ll �alrcrr-d�x�i�g--�i�-rext-�.�-f 5�-�isen�-�ree�e-lrirl�-detai�er�es-fie t�rr�r �ef�y ��-e�xr �ppreprfate-frrfex9ea�farrr i�herrer�r-tea- re�reaieek-�--^�1re-�rxroi3-er-bt�er�ri�e--rcep�r�rre �rec��t�ree�}; -the-uaaagtr-�ra���rakc-reeaem►erx�a�ieMr-fer-rer�fr►g-ef �ht �pregraer+r this Charter. SECTION • Should any section or provision of this Resolution'or any portion hereof or any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof other than the part to be invalid. PASSED, ADOPTED AND APPROVED this day of , 1990. STAN BERNARD CHARTER BOARD CHAIRMAN I HEREBY CERTIFY that I have approved the form and correctness of the RESOLUTION. ALAN L. GABRIEL COUNSEL TO THE CHARTER BOARD resolut.tam *6I CHARTER BOARD, TAMARAC, FLORIDA RESOLUTION NO. CBR-90- Q3- A RESOLUTION OF THE CHARTER BOARD AUTHORIZING AND DIRECTING THE PROPER OFFICIALS TO ADVERTISE AND CONDUCT A PUBLIC HEARING TO PROPOSE AN AMENDMENT TO ARTICLE VI OF THE CITY CHARTER TO REVISE THE REQUIREMENTS FOR ELECTIONS AND CANDIDATES FOR ELECTIVE OFFICE. WHEREAS, the Charter Board is authorized by Section 8. the Tamarac City Charter to submit Charter amendmeni tferendum to be decided by the City voters; and WHEREAS, the Charter Board pursuant to Subsection 8.02( ) Tamarac City Charter must hold a public hearing on pro c ter amendments prior to submission to the electorate; NOW, THEREFORE, BE IT RESOLVED BY THE CHJUMM BOARD OF TAI+MARAC, FLORIDA: Section 1: That the appropriate officials are h .orized to advertise for a public hearing on the amendmel City Charter proposed below and such appropriate official .orized to schedule such public hearing at the ear ticable moment. Section 2: That the following proposed amendment is to anted to the electorate of the City of Tamarac at a pub ing• PROPOSED AMENDMENT,- An amendment to Article VI of the C Charter to revise the method of elections within the ci y require that candidates run for elective office by Dist i with certain exceptions and providing residency require e for elective office of council and Charter Board me e delete Section 6.01 which contains qualifications of ele t and Section 6.05 which provides that all elections sha 1 conducted by law for each Section is prescribed by ge e state law. Yes No Additions in text are indicated by underscore; del a1~rfkc "Areaglz . ARTICLE VI. QUALIFICATIONS AND ELECTIONS Seei~ fbPt -b �} r-�elat�fgiaa'bierri►bf eleaterrr lrr-eitisen-e�#-t�keifiad-43te�es�rito--trNegfmbe-e ���ra�ffr-aa-,a::-evr-�rf�ke�i�r Section 6.01. br88 Districts. The city is hereby divided into four (4) separate pol d stricts, to be known as districts One, Two, Three and Fou ( ) councilmember and one (1) charter board member shall res ■ ch district. Electors of the city desiring to qualify a f r the office of councilmember or charger board member ; d strict must reside within the territorial boundaries c MM rooriate district. Section 6,02, 6r S Redistricting. Each year, within thirty (30) days after the day cipal election, the city clerk shall ascertain the or of registered voters in each of the four (4) dist 1 1 4 the city as of the day of the election (from the Droward County Supervisor of Elections) and determine in a written report to the city council and the charter board if any of the districts contain less than twenty-two and one-half (22.50) percent or more than twenty-seven and one-half (27.50) percent of the total registered voters in the city. If such is the case, then within forty-five (45) days after the election day a redistricting committee shall be appointed as a board for redistricting. The redistricting committee shall consist of nine (9) public members who are Broward County registered voters and residents in the city. Your '(4) public members shall be appointed by the charter board, (one (1) member from each district). one (1) public member shall be appointed by the eight (9) previously appointed public members. The committee shall elect its own chairman. The redistricting process shall commence within two (2) weeks after the committee for redistricting has been appointed. The redistricting committee shall establish four (4) districts, each containing as close to one -quarter of the total registered voters as possible in a contiguous region without dividing any precinct, residential rental or condominium development, or residential section. At least five (5) affirmative votes of the committee shall be needed to adopt a report. The report of the committee shall be final. It shall include a map and description of the districts determined and shall be delivered to a joint meeting of the city council and the charter board within one hundred eight (180) days after the municipal election day. A copy of the redistricting report in effect shall be kept on file with the city clerk for inspection or purchase by the public. Members of the redistricting committee shall serve without compensation. The redistricting committee shall be discharged at the last regular city council meeting prior to the next municipal election day. Section 6.03,; &r" Elections- . There shall be no primary elections for municipal officers; the election for all municipal offices shall be held on the second Tuesday in March of the calendar year, unless changed by law. The candidate or candidates, depending upon the number to be elected, receiving the highest number of votes in the election shall be declared elected. In the event of a tie vote between two (2) or more candidates, the city shall arrange with the Broward County Supervisor of Elections for a special runoff election to be held within thirty (30) days after the special or general election. Duly elected municipal officers shall take office within ten (10) days after election with the specific day to be decided by ordinance. Candidates for any office shall run Qibf esebfea-6reBr-bra}-mlaerbisrr law. 2k}}--e�eetiens--s�►e�3--�- ; _.�vep�--am--et�xerwise speefffma}* -proti*i-fer�i�r--il'rim-Ebertes�-racier•-Ilse-.�ea�-fer f1eeitferrs-preserfbed- -the-Veneret-�3bobibsr rt t-6 ebr�f g}srfdar ee�.#err -b r66 r --@amd i�a�esr: ker-eleeter•s�eside�r-ems*-seYe ef�i�er-ef-e�or���}eeter-�res�aert-e#-#���r�ha-reei�ee rfbirfrr�lra�errftsrr�a}-betmdarieebf-a�i�rf-eb-wa3*-�a-�eri#a�be fer lea-bfffea�-eeerrcf ber-fer rat istristr--$ach ea lLdidete ska��-f f ie-n-w��iifmd-1wt#�ardfdaey-f Form G*..ftRrba regetrad-by of efpa�-�awiri rbile-eibr-OlOrkr-mnd-paY-s"ah-fea'es ate-sat-fer}rr-1 }e-e� P}erid+rr,r 1 Section fi, 05. Arrangements for elections. The city clerk shall make all necessary arrangements VLth appropriate county officials for holding all electiolls referendums; shall state where and when said elections shall hold, name the offices to be filled, and if applicable, the to be decided, i and shall publish the foregoing information provided by law. Any special election or referendum wherein time is not otherwise set by law, shall be held within sixty days of the date request is made on the city clerk t suitable arrangements, or within sixty (60) days after circumstance which makes such election necessary. section jLD6. &r98 Returns and certificates of elect on All municipal elections shall be canvassed by the rc County Canvassing Board, which shall certify the results c City clerk. Absentee ballots will be canvassed as provi e state law. The city clerk shall certify the results f election to the council within one (1) working day after ec Of certification by the Broward County Canvassing Board. Section 6-47. br69 Initiative, referendum. (a) The power to propose amendments to any section o harter or to a propose the repeal, amendment or enactment ity ordinance by initiative is f y reserved to the people o ity. This power may be invoked by filing with the man ge s a atition containing a copy of the proposal signed by a n e f lectors equal to at least seven (7) percent of the tots lectors at the time of the last i y general election. Al fficers and departments shall cooperate with the i y apervisor of elections, who shall determine the validity o o n a y d Dtition and who shall notify the council of the determinati citing, within thirty (30) days. Should n, n the county supervi lections be unable to make such determination within thirt o ( f j &ys, the manager is empowered to do so. 11 (b) The council, upon receipt of certification fr :ounty supervisor of elections and/or manager of the pet ti shall, within ninety (90) days after such receipt, call of special referendum election in accordance with the petition nd conformity with the law pertaining to the holding of electio s. (c) On approval by a majority of the electors voting on s referendum, the proposal shall become effective immediately u he certification of the results of the election by the city cl 0 the council, (d) The initiative power shall not extend to the pro o8. f changes of any part or all of the annual budget or c Di, pnffV- 1M or ordinance making or repealing any appropriat fixing the salaries of city officers or employ, �ing or repealing the levy of taxes. 1 Cl (e) The council, within ninety (90) days after effective date of this Charter, shall provide by ordinance, procedures relating to the form and requirements of a petition for initiative referendum. (f) The city clerk shall supply without delay at request and free to any citizen, a copy of the city ordinance relating to initiative referendum and the number or qualified electors as at the time of the last general election. SECTION 3: Should any section or provision of this Resolution or any portion hereof or any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof other than the part to be invalid. PASSED, ADOPTED AND APPROVED this . day of , 1990. STAN BERNARD CHARTER HOARD CHAIRMAN I HERESY CERTIFY that I have approved the form and correctness of the RESOLUTION. ALAN L. GABRIEL COUNSEL TO THE CHARTER HOARD resclut.tam .