OUTHPIE  Bygluth Gabadena  7047 SUNSETI DRIVE SOUTH SOUTHPASADENA, FLORIDA33707 PH:( (727)347-4171 FAX: (727)345-0518 WWW.MYSOUTHPASADENA.COM  PLACEINTHES corporated)  AGENDA  ADMINISTRATIVE WORKSHOP SOUTH PASADENA, FLORIDA  TUESDAY, AUGUST 20, 2019 COMMISSION CHAMBERS IMMEDIATELY FOLLOWING THE AGENDA MEETING APPROXIMATELY 9:05 A.M.)  CALL TO ORDER ROLL CALL  DISCUSSION ITEMS  2019 Charter Review Committee Recommendations  Department Head Reports  ADJOURN  Clerk  This meeting is open to the public. Ordinances may be inspected by the public in the with the exception of holidays. Any person who decides to appeal any decision through of Friday Commission with respect to any matter considered at this meeting will need a record the of City the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the The City of South Pasadena is committed to providing reasonable accommodation for access for the disabled. In accordance with the Americans with Disabilities Act and F.S. 286.26, anyone needing assistance with regard to this meeting should contact the City Clerk's Office in writing at least 48 hours prior to the meeting. For more information  office of the City Clerk at appeal is to be based.  Hall from City  G  8:00 a.m. to 4:00 p.m. Monday  assistance please contact the City Clerk's office at 727-347-4171.  or    ORDINANCE NO.: 2019-  AN ORDINANCE OF THE CITY OF SOUTH PASADENA, FLORIDA, APPROVING AMENDMENTS TO THE CITY CHARTER AND SUBMITTING THE PROPOSED AMENDMENTS TO THE ELECTORATE FOR APPROVAL, ESTABLISHING THE BALLOT LANGUAGE, AND SETTING A DATE FOR THE ELECTION, PROVIDING FOR  SEVERABILITY, PROVIDING AN EFFECTIVE DATE.  WHEREAS, pursuant to the provisions of the City of South Pasadena City Charter ("City Charter") a Charter Review Committee was impaneled and conducted a review of the City  Charter; and  WHEREAS, the City of South Pasadena City Commission ("City Commission") has received the final report of the Charter Review Committee as required by the City Charter in which the Charter Review Committee has provided recommendations to the City Commission  for amendments to the City Charter;  WHEREAS, pursuant to the agrees with the recommendations on the items set forth WHEREAS, the City Commission seeks to proposes additional changes as provided for WHEREAS, the next municipal election for the City of South Pasadena is WHEREAS, the City Commission has approved these proposed amendments to the City Charter and submits them appear on the ballot fora a vote to the citizens of South Pasadena. NOW,THEREFORE, BE IT ORDAINED by the City Commission of the City of South SECTION1. The amendments provided for in Sections 2.02, 2.06, 2.08,3.01, 4.03, 4.05, SECTION2. The ballot title for the amendment to Section 2.02 shall read as follows: CHARTER AMENDMENT REVISING THE TERM OF CITY COMMISSIONS FROM  herein;  herein (if: any); and  20 ;and  Pasadena, Florida:  6.01, 7.01, and 7.04 of the City Charter as detailed in Exhibit "A"a arel hereby approved.  THREE (3) YEAR TO: FOUR (4) YEAR TERMS.  SECTION 3. The ballot language for the amendment to Section 2.02 shall read as  follows:  ORD 2019-Xx-1  11776584 v1    Do you approve an amendment to Section 2.02 of the City Charter changing the term of office  for City Commissions from three (3): year terms to four (4) year terms?  YES  NO  SECTION 4. The Ballot title for the amendment to Section 2.06 oft the City Charter shall  read as follows:  CHARTER AMENDMENT PROVIDING: THATTHE MAYORSHALL APPOINT THE VICE MAYOR DURING A REGULAR COMMISSION MEETING AFTER EACH ANNUAL REGULAR ELECTION INSTEAD OF DURING A SPECIAL COMMISSION MEETING.  SECTION 5. The Ballot language for the amendment to Section 2.02 shall read as  follows:  Do you approve an amendment to Section 2.06 of the City Charter providing that the Mayor shall appoint a Vice Mayor during a regular commission meeting after each annual regular election instead of during a special commission meetingaftereach: annual regularelection?  YES  NO  SECTION 6. The Ballot title for the amendments to Section 2.08 oft the City Charter shall  read as follows:  CHARTER AMENDMENT SETTING AN INCREASED SALARY FOR THE MAYOR AND COMMISSIONERS WHICH SALARIES SHALL BE REVIEWED EVERY SIX (6) YEARS  AS PROVIDED BY CITY CHARTER.  SECTION7. The Ballot language for the amendment to Section 2.08 of the City Charter  shall read as follows:  Do you approve of an amendment to Section 2.08 of the City Charter which would set a increase in the salary for Mayor from $833.33 per month to 1041.66 per month and an increase salary for Commissioners from 633.29 per month to 791.61 per month which salaries shall be reviewed  every six (6): years as provided by City Charter?  YES  NO  SECTION8. The Ballot title for the amendments to Section 3.01 shall read as follows: CHARTER AMENDMENTS PROVIDING THAT CITY ELECTIONS WILL BE HELDO ON  THE SECOND IUESDAY IN MARCH EACH YEAR, AS NEEDED.  ORD 2019-XX-2  11776584 v1    SECTION9. Thel ballot language for the amendments to Section 3.01 shall read as  follows:  Do you approve of amendments to Section 3.01 which will provide that City elections will be held on the second Tuesday in March of each year, only if those elections are needed to fill  expired and/or unexpired terms per the Charter?  YES  NO  SECTION 10. The ballot title for the amendment to Section 4.03 of the City Charter  shall read as follows:  CHARTER AMENDMENT REITERATING THAT THE CITY ATTORNEY MUST BE IN  GOOD STANDING IN THE STATE OF FLORIDA.  SECTION 11. The ballot language for the amendment to Section 4.03 of the City  Charter shall read as follows:  Do you approve an amendment to Section 4.03 of the City Charter reiterating that the City  Attorney must be in good standing in the State ofFlorida?  YES  NO  SECTION 12. The Ballot title for the creation of Section 4.05 of the City Charter shall  read as follows:  CHARTER AMENDMENT CREATING THE A NEW POSITION IN CITY ADMINISTRATION OF A CITY ADMINISTRATOR, TO BE THE HEAD ADMINISTRATIVE OFFICER OF THE CITY AND PROVIDING FOR THE DUTIES OF  THE CITY ADMINISTRATOR Charter shall read as follows:  SECTION 13. The Ballot language for the amendment to Section 4.05 of the City  Do you approve of the creation of Section 4.05, of the City Charter to provide for a City Administrator, who will serve as the head administrative officer of the City of South Pasadena,  and toj provide for the duties oft the City Administrator?  YES  NO  ORD 2019-XX-3  11776584 v1    SECTION14. The Ballot title for the amendments to Section 6.01 oft the City Charter  shall: read as follows:  CHARTER AMENDMENT REVISING EXISTING CHARTER LANGUAGE TO CLEARLY DESCRIBE THE PROCESS FOR THE ADOPTION OF ORDNANCES BY CITIZEN  INITIATIVE.  SECTION15. The ballot language for the amendment to Section 6.01 ofthe City  Charter shall read as follows:  Do you approve of the amendment to Section 6.01, Initiative which revises existing the language to clearly describe the process for adoption of ordinances by citizen initiative?  YES  NO  SECTION16. The ballot title for the amendment to Sections 7.01 of the City Charter  shall read as follows:  CHARTER AMENDMENT REVISING EXISTING CHARTER LANGUAGE TO CLEARLY DESCRIBE THE PROCESS FOR THETIMEFRAME FOR CHARTER REVIEW AND CREATION OF CHARTER REVIEW COMMITTEE MEMBERSHIP.  SECTION 17 The ballot language for the amendment to Section 7.01 of the City  Charter shall read as follows:  Do you approve of the amendment to Section 7.01 of the City Charter which revises existing language to clearly describe the process to establish the time frame charter review and the  creation ofthe Charter Review Committee?  YES  NO  SECTION18. The ballot_title for the amendment to Sections 7.04 of the City Charter  shall read as follows:  CHARTER AMENDMENT REVISING THE CHARTER TO: REQUIRE THATTHE CITY COMMISSION PLACE ANITEM WITHTHE RECOMMENDATIONS OF THE CHARTER REVIEW COMMITTEE ONTHE FIRST. AVAILABLE AGENDA FOLLOWINGTHE SUBMISSION OF THE COMMITTEE REPORT INSTEAD OF AN ORDINANCE.  SECTION 19. The ballot language for the amendment to Section 7.04 of the City  Charter shall read as follows:  ORD 2019-XX-4  11776584 vl    Do you approve of the amendment to Section 7.04 of the City Charter which revises the Charter to require that the City Commission place an item with the recommendations from the Charter Review Committee on the first available City Commission agenda, instead ofa an ordinance?  YES  NO  SECTION 20. That pursuant to Section 166.031 Florida Statutes, the amendments  contained in Exhibit "A" of Ordinance No.  shall be submitted to the electors of the  City at the  20 election.  SECTION 21. Upon approval by the majority of the electors voting in the referendum and certification of the election results, the amendments that pass shall be incorporated into the City Charter and the revised Charter shall be filed by the City Clerk with the Department of  State.  SECTION 22. In the event that any section, paragraph, sentence, clause or phrase of this ordinance shall be declared invalid, unconstitutional or unenforceable by decree of a court of competent jurisdiction, such unconstitutionality or unenforceability shall not affect any of the  remaining phrases, clauses, sentences, paragraphs or sections oft this ordinance.  SECTION23. Thisordinance: shallbecome effective immediately upon final passage.  Arthur Penny, Mayor  -  ATTEST:  Carley Lewis, City Clerk  PASSED ON FIRST READING  2019. 2019.  PASSED ON SECOND AND FINAL READING  THIS IS TO CERTIFY THAT I, the undersigned City Clerk did cause the noticing of the above ordinance in accordance with  Chapter 166.041 oft the Florida Statutes.  ORD 2019-XX-5  11776584 vl    Carley Lewis, City Clerk  THIS ORDINANCE HAS BEEN APPROVED AS TO: FORM. AND CONTENT BY THE CITY  ATTORNEY.  Julia Mandell, City Attorney  ORD 2019-XX-6  11776584 v1    SOUTH PAS  à  -  CEELCT tncorporatel E  2019 Charter Review Committee  Recommendations  Final    NOTE: UNDERLINEDTEXI REPRESENTS PROPOSED ADDITIONAL LANGUAGE, STRIKETHROUGH TEXT REPRESENTS PROPOSED DELETEDI LANGUAGE.  ARTICLEI General Provisions  $1.01. Creation and powers.  The City of South Pasadena, created by Chapter 31277, Laws of Florida, 1955, shall continue and is hereby vested with the governmental, corporate and propriety powers to enable it to conduct municipal government, perform municipal functions and render municipal services and may exercise any power for municipal purposes not expressly prohibited by the Constitution,  general or special law or County Charter.  S 1.02. Corporate limits. [Amended 6-13-1995 by Ord. No. 95-06, Ref. of3-5-1996] The corporate limits of the City of South Pasadena, Florida, shall consist of all land within the boundaries set forth by the legislature in Senate Bill 864, Laws of Florida, Acts of1 1955, plus all lands annexed subsequent to June 28, 1955, as reflected in the complete legal description  adopted April 27, 1993, and filed with thel Department of State, May 4, 1993.  $1.03. Power and jurisdiction.  The power and jurisdiction of the City shall extend over all lands and over all bodies of water and the air above, to the extent allowed by law within the corporate limits, and to all land without the limits of the City owned, leased or operated by the City. The power and jurisdiction of the City includes all extraterritorial powers and jurisdiction previously granted by Chapter 31277, Laws of Florida, 1955, as amended, or any special or general law. The City shall continue to exercise the power of eminent domain within or without the limits of the City which authority  was granted by Chapter 31277, Laws of Florida, 1955.  $1.04. Legislative powers of City. [Amended 10-9-2007 by Ord. No. 2007-06, Ref. of 1-29- The legislative powers of the City shall be vested in and exercised by the City Commission, consistent with the provisions of this Charter, the United States Constitution, Florida Constitution, laws of the State of Florida and laws and ordinances of the City. The City Commission may not expend or authorize the expenditure of public funds for a political advertisement or electioneering communication concerning an issue, referendum, or amendment  2008]  that is subject to a vote oft the electors without first holding a public hearing.    ARTICLEII The City Commission  $2.01. Membership.  The City Commission shall consist of five (5) members who shall be elected from the City at  large as provided ini this Charter, one(I)ofwhom shall be elected as Mayor.  $2.02. Election and term. [Amended 6-13-1995 by Ord. No. 95-06, Ref. of3-5-1996] The election of City Commissioners, including the Mayor, shall be as provided by this Charter, general and special law and ordinances of the City. The terms of the City Commissioners, including the Mayor, shall be three(3) four (4) years. No Commissioner, or Mayor, shall serve more than three (3) consecutive full or partial elected terms in either office or in a combination oft the two (2) offices. The calculation of consecutive terms shall commence on March 5, 1985. $2.03. Vacancy. [Amended 12-16-1986 by Ord. No. 86-18, Ref. of 3-3-1987; 6-13-1995 by Ord. No. 95-06, Ref. of3-5-1996; 6-26-2001 by Ord. No. 2001-03, Ref. of3-5-2002] (a) The office of Commissioner, including the Mayor, shall become vacant upon death, resignation, removal from office in any manner authorized by law or forfeiture of office. Forfeiture of office shall be declared by a majority vote of the remaining members of the (b) A Commissioner, including the Mayor, shall forfeit the office if the person lacks, at any time during the term ofoffice, any qualification for the office prescribed by this Charter or by law. (c) The Commission shall have the power and authority to remove any member of the (1) For malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetenceor  Commission.  Commission:  permanent inability toj perform the official duties;  (2) Upon conviction for a felony;  (3) Upon conviction for a misdemeanor related to the duties ofoffice; or (4) Upon conviction for the commission of any federal felony or misdemeanor.  (d) The Commission shall have the power and authority to suspend without pay any member of  the Commission:  (1) For any cause: sufficient for removal; (2) Upon arrest for a felony;  (3) Upon arrest for ai misdemeanor related to the duties of office; or  2    (4) Upon indictment or being informed against for the commission of any federal felony or (e) Any such suspension or removal shall only occur after reasonable notice to the Commission member being considered for suspension or removal, and such Commission member shall (f) If the Commission member is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment or information by reason of which the person was suspended under the provisions of this section, the Commission shall forthwith revoke the suspension and restore such Commission member to office, and the member shall be entitled to and be paid full back pay and other emoluments or allowances to which the person would have been entitled for the full period of time of the suspension. If during the person's suspension, the term of office of the suspended Commission member expires and a successor is either appointed or confirmed, such back pay, emoluments or allowances shall only be paid for the duration of the term of office during which the suspended Commission member was suspended under the provisions of this section, and the person shall not be (g) A suspended Commission member may, at any time before removal, be reinstated by (h) The suspension ofa Commission member by the Commission of the City of South Pasadena creates a temporary vacancy in such office during the suspension. Any temporary vacancy in office created by the suspension of a Commission member under the provisions of this section shall be filled by a temporary appointment to such office for the period of the suspension, not to extend beyond the term of the suspended Commission member. Such temporary appointment shall be made in the same manner and by the same authority as (i) No Commission member who has been suspended from office under this section may perform any official act, duty or function during the suspension; receive any pay or allowance during the suspension; or be entitled to any of the emoluments or privileges oft the A1 member of the Commission shall be removed from the Commission upon the unanimous affirmative vote of the members forming the quorum present and taking part in the determination. The Commission, by a unanimous vote of the members forming the quorum present and taking part in the determination, shall have authority to suspend a member. The accused member shall not be entitled to participate in the deliberations or decision in relation to the suspension or removal. A quorum must be present and voting for the Commission to act under this section. For the purpose oft this section, a quorum shall be constituted of four (k) Ifthree or more members of the Commission are: removed by death, disability or forfeiture of office, the Governor shall appoint interim Commission members who shall call a special election, and such election shall bel held to fill the unexpired terms of Commission members. Ifnecessary, the newly constituted Commission will appoint a Mayor and/or Vice Mayor.  misdemeanor.  have been given an opportunity to bel heard and present a defense.  reinstated.  unanimous vote ofthe Commission in its discretion.  provided by S 2.03(k) or 2.03(1) oft this article, as applicable.  office during the suspension.  (4) voting members.  3    () A vacancy in the membership of the Commission, including the Mayor, except a vacancy caused by resignation after a recall petition has been filed, shall be filled within ten (10) calendar days after such vacancy occurs by a majority vote of the remaining Commission members by appointment of an eligible person. The City Commission shall determine the length of the appointed term and may set a special election to fill the unexpired term. In no event shall the City Commission appoint ai member to serve more than 15 months.  $2.04. Qualifications of members.  (a) Each candidate for nomination and election as a member of the City Commission, including the Mayor, shall have been a resident of the City for one (1) year immediately prior to qualifying and shall be a duly qualified elector of the City at the time of qualifying for such office and be otherwise qualified as provided in this Charter and shall remain domiciled in the City for the term of the office for which the person was elected. [Amended 6-13-1995 by (b) The Commission shall be the judge oft the election and qualification ofi its own members. S 2.05. Duties and responsibilities of the Mayor. [Amended 6-13-1995 by Ord. No. 95-06, (a) The Mayor shall preside at meetings of the Commission and perform such other duties consistent with the office and this Charter as may bei imposed by the Commission. (b) The Mayor shall be recognized as the official head of the City for all ceremonial purposes (c) The Mayor shall represent the City in agreements with other governmental entities or certifications to its governmental entities and execute contracts, deeds and other documents. The Mayor shall be the Commissioner of Administration, and shall be responsible for all (d) During the temporary absence or temporary disability of the Mayor, the duties shall be performed by the Vice Mayor. In the event of the death or removal or resignation of the Mayor, the Vice Mayor shall assume the duties of the Mayor until the vacancy thereby  Ord. No. 95-06, Ref. of3-5-1996]  Ref. of3-5-1996; 6-26-2001 by Ord. No. 2001-03, Ref. of3-5-2002]  and by the courts for the purpose ofs serving civil processes.  other duties not specifically assigned to one oft the other Commissioners.  created shall be filled as per $ 2.03 ofthis Charter.  $2.06. Vice Mayor. [Amended 4-21-1987 by Ord. No. 87-08, Ref. of 3-1-1988; 1-19-1988 by Ord. No. 87-25; 10-17-1989 by Ord. No. 89-20, Ref. of 3-6-1990; 6-26-2001 by Ord. No. The Mayor, at a special COmESieR-EReENS Regular Commission Meeting following each annual regular election, shall appoint a Vice Mayor who shall be confirmed by a majority vote of the Commission. In the case ofa Vice Mayor being removed by death, disability or resignation,  2001-03, Ref. of3-5-2002]  4    the Mayor, at a special Commission meeting, shall appoint a Vice Mayor who shall be confirmed  by majority vote ofthe Commission.  $2.07. Commission meetings. [Amended 6-13-1995 by Ord. No. 95-06, Ref.3-5-1996 The Commission shall meet regularly at least once every month at such times and places as the Commission may prescribe by rule. Special meetings may be held at the call ofai majority of the members, and whenever practicable, upon thirty-six (36) hours' notice to each member and the public. Emergency matters may be acted upon without notice when authorized by a majority vote of the entire City Commission. Unless otherwise specified, all other action of the Commission shall be by affirmative vote oft the majority ofa a quorum present. The Commission shall establish rules and order ofbusiness. A majority oft the City Commission shall constitute a quorum. S 2.08. Salaries of Commissioners and Mayor. [Added 7-16-1985 by Ord. No. 85-17, Ref. of 3-4-1986; amended 6-13-1995 by Ord. No. 95-06, Ref. 3-5-1996; 11-24-1998 by Ord. No. 98-  12;11-28-2006 by Ord. No. 2006-08]  Salaries of thel Mayor and Commission shall be as follows: Mayor: $833.33 $1.041 66 per month. Commissioners: $633.29 $791.61 per month.  These salaries shall remain in effect until amended by ordinance. Ordinances proposing salary adjustments shall only be adopted during the month ofNovember and must have an effective date of January 1 of the following year. Adoption of any such ordinance shall require approval by a super majority of the entire Commission (4 of5). Any increase or decrease must be applied uniformly to the Mayor and Commissioners. Salaries shall be reviewed every six (6): years by a Charter Review Committee.  5    ARTICLE III Election  $ 3.01. Election date. [Amended 6-26-2001 by Ord. No. 2001-03, Ref. of 3-5-2002; 10-14- Elections for the purpose of electing members of the City Commission, including the Mayor, shall be held on the second Tuesday in March of each year as needed to fill the expired and/or unexpired terms as established in Chapter 31277, Laws of Florida, 1955, and continued in this Charter. In the event the Pinellas County Supervisor of Elections notifies the City that the Supervisor is unwilling to conduct a municipal election on the second Tuesday of March, the  2003 by Ord. No. 2003-09; 10-11-2011 by Ord. No. 2011-11]  City election shall be held in conjunction with the Presidential Primary.  $3.02. Nonpartisan elections.  All nominations and elections for the office ofCity Commissioner, including the Mayor, shall be nonpartisan, without regard for, or designation of, political party affiliation of any nominee on  any nomination petition. $3.03. Electors.  Any person who is a resident of the City, who has qualified as an elector of this state and who registers in the manner prescribed by general law and ordinance oft the City shall be an elector of $3.04. Election petitions. Amended 12-19-1989 by Ord. No. 89-42, Ref. of 3-6-1989; 6-13- 1995 by Ord. No. 95-06, Ref. of 3-5-1996; 10-14-2003 by Ord. No. 2003-09; 10-11-2011 by All candidates offering themselves to the electors for the election to the office of Commissioner or Mayor shall file with the City Clerk a petition signed by ten (10) qualified electors ofthe City "We, the undersigned registered voters, do hereby petition the City Commission of the City of  the City.  Ord. No. 2011-11]  ofs South Pasadena which shall be in the following form: South Pasadena, Florida, toj place the name of  on the ballot for the office of  at an election to be held in the City of South Pasadena on  Attached to such petition shall be an announcement in the following form, signed by the  person announcing his or her candidacy for the office ofCommissioner: "I do hereby announce my candidacy for the office of  of the City of South  Pasadena and do hereby certify that I am a qualified resident of the City of South Pasadena, Said petition and announcement shall be filed with the City Clerk in accordance with the  Florida."  timeframes established in the City Code.  6    $3.05. Form ofl ballot.  The Commission, by ordinance, shall prescribe the form oft the ballot, including the method for listing candidates, for City Commission elections and any other City election. A Charter amendment to be voted on by the City shall be presented for voting by ballot title pursuant to  law.  7    ARTICLE IV Administration  [Amended 6-13-1995 by Ord. No. 95-06, Ref. of3-5-1996]  S 4.01. City Commissioners. [Amended 9-24-1996 by Ord. No. 96-11, Ref. of3-4-1997; 6-26- At the first regular meeting oft the City Commission in March ofe each year, the Commission shall designate, by majority vote, one Commissioner to be Commissioner of Public Safety, one Commissioner to be Commissioner of Public Works, one Commissioner to be Commissioner of Finance and one Commissioner to be Commissioner of Community Improvement. Department designations shall be effective for a period of at least one year. If a vacancy occurs on the Commission(s) during the year, the individual appointed to fill the vacancy shall assume the department duties oft the Commission member he or she has replaced. If the entire Commission is replaced pursuant to $ 2.03(k) oft this Charter, the replacement Commissioners shall each, at their first regular meeting, designate department assignments. The Mayor shall be Commissioner of Administration. These titles may be amended by ordinance. Commissioners shall be directors of the respective City departments and shall supervise and direct that department through the head of the department. The Commissioner of each department shall have the right to appoint or dismiss the head of the department in accordance with adopted City employment policies,  2001 by Ord. No. 2001-03, Ref. of3 3-5-2002]  subject to the approval ofai majority of the entire Commission.  S 4.02. Head of department. [Amended 6-26-2001 by Ord. No. 2001-03, Ref. of 3-5-2002] The head of a department shall have the authority to appoint and/or dismiss any employee within that department in accordance with adopted City employment policies, subject to approval by the Commissioner of that department. Each department head, under the direction of the respective Commissioner of that department, shall supervise and direct the operations of, and be  accountable for, that department.  $4 4.03. City Attorney. [Amended 6-26-2001 by Ord. No. 2001-03, Ref. of3-5-2002] The Commission shall appoint a City Attorney who shall be responsible only to the Commission. The Commission shall have the power to employ special legal counsel whenever in their discretion it is necessary or may be deemed advisable for the preservation and protection of the City's interest. The City Attorney shall be an attorney-at-law in good standing in the State of Florida and shall be the legal advisor and counsel for the City and for all officers and departments thereof in matters relating to their official duties, giving advice in the form of written opinions. Copies of all written opinions shall be kept on file in the City Clerk's office. The City Attorney shall institute and defend all suits for and on behalf of the City; prepare all contracts, bonds and other instruments in writing to which the City is a party; approve the form and correctness of all ordinances, resolutions, contracts, bonds and any other instruments or obligations ofthe City; and perform such other duties as directed by the Commission.  8    S 4.04. City Clerk.  There shall be a City Clerk appointed by the City Commission, who shall be head of the Department of Administration under the direction of the Commissioner of Administration. The City Clerk shall perform all duties assigned by state law or ordinance, resolution or direction of  the City Commission. $4.05. City Administrator  The Commission shall appoint a City Administrator who will serve as the head administrative officer of the City. The City Administrator shall perform all duties which have been delegated  by the City Commission and will perform. at a minimum. the following  Assists the Mayor. all Commissioners and City Attorney in the areas of planning. project scheduling, budgeting, City activities and drafting of legislation. Assists the Commission in overseeing and coordinating all full-time. part-time. and contracted employees of the City, with the exception of the City Attorney. Serves as the Administrator of the department head management team and assigns project management and/ or coordination of responsibilities to appropriate department heads and Administers rules and regulations governing city operations. interprets. analyzes and All other functions as delegated by the City Commission either by motion or by  reports such assignments to the Commission  explains policies. procedures and programs to city staff and public.  resolution.  9    ARTICLE V Transition Schedule  $5.01. Continuation of former Charter provisions.  All provisions of the former Charter, as amended by special law or otherwise, which are not embraced herein and which are not inconsistent with this Charter which were not repealed or made ordinances by F.S. $ 166.021, shall become ordinances of the City subject to modification  or repeal in the same manner as other ordinances oft the City.  $5.02. Ordinances preserved.  All ordinances in effect upon the adoption of this Charter, to the extent not inconsistent with it,  shall remain in force until repealed or changed as provided herein.  $5.03. Rights of officers and employees. [Amended 6-26-2001 by Ord. No. 2001-03, Ref. of Nothing in this Charter, except as otherwise specifically provided, shall affect or impair the rights or privileges of persons who are City officers or employees at the time of adoption.  3-5-2002]  $5.04. Effective date. prescribed by law.  This Charter shall become effective when approved by the voters and filed in the manner  10    ARTICLE VI Initiative and Referendum 95-06, Ref. of3-5-1996]  [Added 7-16-1985 by Ord. No. 85-14, Ref. of3-4-1986; amended 4-15-1986 by Ord. No. 86- 05, Ref. of3-3-1987; 1-20-1987 by Ord. No. 86-21, Ref. of3-3-1987; 6-13-1995 by Ord. No.  S 6.01.Initiative.  FRe-qualhed-vetesseFtne-CHyshal-have-powerie-prepese-erdimanees-the-Cemmission-and, Fr-Cemmisie-aieatywwewrhawydhamgeinsbaiamsese depHiterrejeet-Pevda-Ntsuee-pewershlhe-limied-te-legislative matters-and aahtseelaeminee The qualified voters of the City shall have the power to propose ordinances to the Commission. Ifthe Commission fails to adopt the proposed ordinance without any change in substance. the qualified voters may, through the initiative process set forth in this Charter, seek to require the Commission to adopt or reject the proposed ordinance by vote at a City election: provided that such power shall be limited to legislative matters and shall not extend to budget or capital program or any ordinance relating to appropriation of money. levy of taxes or salaries of City  prpistiemsefmemelayefinseraliesefCiyempeyes.  employees.  S 6.02. Referendum.  The qualified voters of the City shall have power to require reconsideration by the Commission of any adopted ordinance dealing with a legislative matter and, if the Commission fails to repeal an ordinance sO reconsidered, to approve or reject it at a City election, provided that such power shall not extend to the budget or capital program or any emergency ordinances relating to  appropriation ofi money, levy oftaxes or salaries of City employees.  S 6.03. Commencement of proceedings; petitions; procedure for filing referendum petitions, no effect on ordinances while pending; action on petitions, results of election. (a) Commencement of proceedings. Any five (5) qualified voters of the City may commence initiative and referendum proceedings by filing with the City Clerk an affidavit stating that they will constitute the petitioners' committee and be responsible for supervising the circulation of the petition and filing it in proper form, stating their names and addresses and specifying the addresses at which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Any person who circulates the petition on behalf of the committee shall be at least eighteen (18) years of age and capable of lawfully executing an affidavit. Promptly after the affidavit of the petitioners' committee is filed, the City Clerk shall, if requested by the committee, issue the appropriate petition blanks to the petitioners' committee at the committee's expense.  [Amended 6-26-2001 by Ord. No. 2001-03, Ref. of 3-5-2002]  (b) Petitions.  11    (1) Number of signatures. Initiative and referendum petitions must be signed by qualified voters of the City equal to a number at least ten percent (10%) of the total number of (2) Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one (1) instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address oft the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text oft the ordinance (3). Affidavit of circulator. Each paper of a petition shall have attached to it, when filed, an affidavit executed by the circulator thereof stating that the circulator personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in the circulator's presence, that the circulator believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity, before signing, to read the full text oft the ordinance proposed or sought to be reconsidered.  qualified voters registered to vote at the last general City election.  proposed or sought to be reconsidered.  (c) Procedure for filing.  (1) Certificate ofClerk; amendment. Within thirty (30) days after the petition is filed the City Clerk shall complete a certificate as to its sufficiency, specifying, ifit is insufficient, the particulars wherein it is defective, and shall promptly send a copy oft the certificate to the petitioners' committee by certified mail. Grounds for insufficiency are only those specified in Section 6.03(b). A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice ofintention to amend it with the City Clerk within two (2) days after receiving the copy of the certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of $ 6.03(b)(2) and (3), and within thirty (30) days after it is filed the City Clerk shall complete a certificate as to the sufficiency of the petition, as amended, and promptly send a copy of such certificate to the petitioners' committee by certified mail as in the case of an original petition. Ifaj petition or amended petition is certified sufficient, or ifaj petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request Commission review under Subsection (c)(2) of this section within the time required, the City Clerk shall promptly present the certificate to the Commission, and the certificate shall then be a final determination as to the sufficiency of the petition. [Amended 10-9-2007 by Ord. (2) Commission review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it, or if an amended petition has been certified insufficient, the committee may, within two (2) days after receiving the copy of such certificate, file a request that it be reviewed by the Commission. The Commission shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the Commission's determination shall then be a  No. 2007-06, Ref. of1-29-2008]  final determination as to the sufficiency oft the petition.  12    (d) Referendum petitions; no effect on ordinance while pending. When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall remain fully in effect, pending approval by Commission vote or by referendum in accordance with the other provisions herein. The ordinance to be reconsidered shall only cease to be in effect when:  (1) The Commission repeals the ordinance; or  (2) After a vote of the electors of the City on the ordinance has been certified and the  referendum to reconsider the ordinance has passed.  (e). Action on petitions.  (1) Action by the Commission. When an initiative or referendum petition has been finally determined sufficient, the Commission shall promptly consider the proposed initiative ordinance or reconsider the referred ordinance by voting its repeal. If the Commission fails to adopt a proposed initiative ordinance without any change in substance within ninety (90) days or fails to repeal the referred ordinance within ninety (90) days, it shall (2) Submission to voters. The vote of the City on aj proposed or referred ordinance shall be held not less than thirty (30) days and not later than one hundred eighty (180) days from the date that the petition was determined sufficient. If no regular City election is to be held within the period prescribed in this subsection, the Commission shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the Commission may, ini its discretion, provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls. [Amended 10-9-2007 by Ord. No. 2007- (3) Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any time prior to the 15th day preceding the day scheduled for a vote of the City by filing with the City Clerk a request for withdrawal signed by at least four (4) members of the petitioner's committee. Upon the filing of such request, the petition shall have no further  submit the proposed or referred ordinance to the voters oft the City.  06, Ref. of1-29-2008]  force or effect, and all proceedings thereon shall be terminated.  (f) Results of election.  (1) Initiative. Ifa majority of the qualified electors voting on aj proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Commission. Ifconflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. An ordinance created by initiative referendum cannot be repealed except by (2) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. The City Commission shall not enact any ordinance which has the same substantive effect as an ordinance repealed by referendum, unless iti is approved at a subsequent referendum.  referendum.  13    ARTICLE VII Charter Review  [Added 6-13-1995 by Ord. No. 95-06, Ref.of3-5-1996  $7 7.01. Time frame for review and Committee membership. [Amended 6-26-2001 by Ord. No. 2001-03, Ref. of3-5-2002; 10-9-2007 by Ord. No. 2007-06, Ref. of 1-29-2008] During the month of March 2001, and every six (6) years thereafter, hereshal-beesablished the process to establish a Charter Review Committee composed of nine (9) registered voters of the City who shall serve without compensation shall be implemented. The members shall be appointed by the City Commission. A maximum of one (1) current and one (1) past member of  the City Commission may serve on this Committee.  $7.02. Duties and responsibilities of the Committee. [Amended 6-26-2001 by Ord. No. The Charter Review Committee shall be responsible for reviewing the entire City Charter, including the compensation of the Mayor and Commissioners. The Committee may solicit input from residents, business owners, staffand other cities in conducting its evaluation of the Charter. The Committee shall make recommendations for any changes to the Charter which the Committee determines are proper and in the best interest oft the City. The Committee shall adopt  2001-03, Ref. of3-5-2002]  ai final written report detailing its recommendations.  S 7.03. Committee rules of procedure. [Amended 10-9-2007 by Ord. No. 2007-06, Ref. of1- The current member of the City Commission on the Committee shall schedule the first meeting, set the agenda and temporarily open and preside over the first meeting. At the first meeting, the Committee shall elect a permanent Chairperson and Vice Chairperson from its membership. The Committee shall establish its own meeting schedule. All meetings shall be posted and open to the public. Meetings shall be conducted using Robert's Rules of Order as aj procedural guide to a fair and orderly meeting. In order for the Committee to adopt a recommendation for modification of the Charter, a majority of the entire Committee must be physically present and vote in favor of the recommendation [five (5)a affirmative votes regardless of number ofmembers in attendance]. $7.04. Obligations of the City Commission. [Amended 6-26-2001 by Ord. No. 2001-03, Ref. The City Commission shall be responsible for soliciting volunteers to serve on each Charter Review Committee. The Commission shall by resolution establish the duration of each Committee, set the date for each Committee's final report, furnish each Committee with staff assistance, including City Department Heads, a recording secretary and legal advisor. The City Commission shall place an erdinance item incorporating the recommendations of the Committee  29-2008]  of3-5-2002; 10-9-2007 by Ord. No. 2007-06, Ref. of 1-29-2008]  14    on the first available agenda following submission of the Committee's final report. Nothing in this section shall obligate the Commission to adopt or submit for referendum any of the  recommendations oft the Charter Review Committee.  15    ARTICLE VIII Severability  [Added 6-13-1995 by Ord. No. 95-06, Ref. 3-5-1996]  Ifan article, section, subsection, sentence, clause or provision of this Charter is held invalid or unconstitutional, such invalidity or unconstitutionality shall not be construed to render invalid or  unconstitutional the remaining provisions ofthis Charter.  16