MINUTES CHARTER REVIEW COMMITTEE MONDAY, MARCH 3, 2025 3:00 P.M. CALL TO ORDER: This meeting was held in-person and livestreamed as a Zoom webinar. Staff called the meeting to order at 3:03 p.m. INTRODUCTIONS/ROLL CALL: COMMITTEE MEMBERS PRESENT: Kevin Cox Kurt Gies Andrea Huneycutt Sal Marullo Yumeko Motley COMMITTEE MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Interim Town Manager/Town Clerk Elise Hui ADVISORS PRESENT: Town Attorney Wade Vose Town Attorney Stephanie Velo Chris L. Holley II, Florida League of Cities Tom Harmer, Senior Advisor FCCMA/ICMA OVERVIEW OF CHARTER REVIEW PROCESS: Overview of the Florida League of Cities Background: The Florida League of Cities has been operational for 100 years, representing 411 cities across Florida, predominantly medium to small cities. Offices are located in Tallahassee and Orlando, with approximately 100 staff in each location. Mission: Advocate for local decision-making and ensure cities can act responsibly to community needs. Annually, the League contends with state legislature bills that may impact city powers, with around 500 bills filed last year. 3-3-2025 Charter Review Committee Meeting Minutes 1 Charter Review Committee Purpose: The Charter Review Committee is appointed every 10 years to review and potentially amend the town charter. The committee consists of five individuals, each appointed by a commission member. Timeline: Amendments or revisions must be submitted to the commission by October 1st of the year following the committee's appointment. The commission will present suggested amendments to the Qualified Electorates, with elections taking place in March 2026. Understanding City Charters in Florida Charter Characteristics: No two city charters are identical, but language can be borrowed from other charters. o A charter serves as the city's constitution, outlining vision, mission, structure, and governance. Effective charters are typically concise, around eight to ten pages, allowing for flexibility through ordinances. Review Process: Committees may address specific parameters or review charters line by line. Citizen input is crucial, and staff can facilitate community engagement to gather feedback on charter issues. Charter Structure and Governance Components: Charters begin with a preamble and outline boundaries, legislative body, and terms of elected officials. Discusses the form of government, which can be a strong mayor, weak mayor, or counci/commission structure. Defines roles of charter officers such as town manager and town clerk. 3-3-2025 Charter Review Committee Meeting Minutes 2 Considerations: Term limits and electoral structure (town-wide VS. district representation) are important factors. The predominant structure in Florida is a council or commission with a professional manager. Charter Amendment Process and Council Structure Options for Charter Amendment: The process for amending the charter is outlined within the charter itself. This includes options for council size, term lengths, and election types. Council Size: Common council sizes are five, six, or seven members, with five being the most common. Larger councils, like Jacksonville's 19-member council, are less typical. Term Lengths: Councils can choose between two or four-year terms, with a small percentage opting for three-year terms. Election Types: Councils can have at-large or single-member district elections, or a combination of both. Mayor Selection: Mayors can be elected at-large, rotate, or be elected from within the council. Forms of Government: Various forms include Council-Weak Mayor, Council- Strong Mayor, and the predominant Counci-Manager or Commisson-Manager forms. Some cities have unique hybrid structures. Charter Offices and Departments: Some cities establish departments within their charter, such as police departments. Expansion of these departments can be addressed in the charter. Comparison with Other Cities Population and Structure: Oakland's population is between 4,000 and 6,900, fitting within a group of seven suburban municipalities. All comparison cities use the Counci-Manager form of government and have five elected seats. Service Provision: Comparisons should consider not just population but also service provision, employee numbers, and location. Best Practices in Charter Reviews Citizen Engagement: Appoint representative citizens and hold public forums. Operate under Sunshine Laws to ensure transparency. 3-3-2025 Charter Review Committee Meeting Minutes 3 Use of Website: Post agendas and meeting minutes online to engage citizens and encourage participation. Referendum Preparation: Develop a FAQ document for any scheduled referendums to aid public understanding. Charter Language: Ensure clarity in the charter, especially in sections related to elections and qualifications. Avoid overly prescriptive language that limits flexibility. Trends and Considerations Trends in Florida: Since the 1950s, there has been a shift towards the Council- Manager form of government. Charter reviews are typically conducted every 10 to 15 years. Questions for Consideration: Is the charter reflective of the current and future population? Does the charter adequately address professionalism and citizen participation? Is the town engaging in civic education about the charter? Resources and Examples Model City Charter: Provides high-level examples but may not account for specific state laws. National League of Cities: Offers questions for consideration but not recommended for language. Municode.com: A resource for legal documents and examples from other cities. Florida League of Cities: Offers support and recommendations for charter reviews. Example Processes: The City of Venice's 2021 charter review process serves as a model, including scope determination, committee appointments, and meeting frequency. Next Steps Committee Reporting: The committee will report back to the commission, which will decide on placing proposed changes on the March 22nd ballot. Support and Resources: The committee has the support of the council, staff, and organizations like the Florida League of Cities. 3-3-2025 Charter Review Committee Meeting Minutes 4 Population Projections and Growth University of Florida Projections: The University of Florida conducts annual projections, including five and ten-year forecasts. However, the COVID-19 pandemic has altered the state's growth trajectory. Current Growth Rate: Approximately 1,000 people move to Florida daily. Future Projections: Full build-out in Oakland is expected to accommodate between 8,000 and 10,000 people. Governance and Elections Checks and Balances: Elections serve as the primary check and balance in governance. Some cities face challenges with low participation in elections, while others have a steady influx of new candidates. Term Limits: Term limits can vary, with some as short as four years, which can complicate budget cycles and continuity in governance. Contested Elections: Data on contested elections over the past 10-20 years could provide insights into electoral engagement. Term Limits and Governance Challenges: Case Study - Longboat Key: The town has a population of about 7,000 and a history of term limits set at six years. Recent charter changes extended terms from two to three years. Uncontested Elections: Some towns struggle with uncontested elections and lack of compensation for elected officials. Charter Amendments and Review Process Charter as a Constitution: The charter is a foundational document that is intentionally difficult to amend. It outlines the form of government and roles of officials. Amendment Process: Changes to the charter require voter approval, not just commission decisions. Frequency of Review: While some charters mandate a review every ten years, amendments can be proposed more frequently if tied to elections. Local Specificity and Flexibility: Diverse Charters: Florida has 411 different charters, reflecting local needs and historical decisions. 3-3-2025 Charter Review Committee Meeting Minutes 5 Proactive Amendments: Cities can address issues between regular review cycles by proposing amendments during elections. Legal Interpretation and Implementation Role of Town Attorney: The town attorney's office is the first point of interpretation for charter-related disputes. Most issues are resolved internally without court involvement. Judicial Involvement: In rare cases, disputes may escalate to the court system, typically within Florida's jurisdiction. Charter Review Process General Approach to Charter Review: Product Evaluation: The current charter is a solid product, but there are areas that could benefit from clarity and cleanup without altering the core structure. Amendments and Clarity: It's important to identify and address ambiguous sections that could lead to unforeseen outcomes, especially in legal contexts like elections. Review Strategy: There are multiple approaches to reviewing the charter: Line-by-line review starting from the beginning. Focusing on specific areas needing clarity or change. Drawing inspiration from other charters while ensuring the primary focus remains on the intended outcomes. Charter Amendments: Types of Changes: Amendments should either clarify existing language or propose specific changes to governmental operations. Independent Amendments: Each amendment should stand alone to avoid conflicts if some are approved and others are not. Past Revisions: A complete rewrite was done ten years ago, but the current focus is on specific amendments for voter clarity. Voter Engagement and Communication Ballot Language and Voter Understanding: Ballot Language: Each amendment should be summarized in 75 words or less, focusing on the chief purpose without being persuasive. 3-3-2025 Charter Review Committee Meeting Minutes 6 FAQs and Summaries: An FAQ on the website can help voters understand the implications of amendments beyond the legal language. Collaboration: The process involves collaboration to ensure the ballot language is clear and understandable to the general public. Legal and Communication Restrictions: Public Communication: There are legislative restrictions on promoting specific voting outcomes, such as sending mailers advocating for a particular vote. Transparency: All meetings and discussions are public, and information is recorded and made available online. Public Records and Communication Guidelines Email Communication: Public Record Status: Any emails sent or received in the capacity of a Charter Review Committee member are considered public records. For example, if a neighbor emails you about advocating for a charter change, that email is public. Forwarding Emails: To manage public records, forward relevant emails to Elise, the records custodian, to maintain them properly. Personal Emails: Emails unrelated to committee work, such as personal emails with family, are not public records unless they pertain to committee matters. Social Media and Public Interaction: Social Media Caution: Avoid discussing committee work on social media due to evolving case law and potential First Amendment issues. Engaging in such discussions could lead to complications similar to high-profile cases. Public Interaction: There is no obligation to engage with the public outside of meetings. If approached, encourage individuals to attend public meetings to express their views. Texting and Verbal Communication: Texting as Public Record: Text messages related to committee work are also public records. There have been legal cases in Florida regarding this. Verbal Conversations: These do not need to be documented unless they pertain to committee matters. Sunshine Law Overview: 3-3-2025 Charter Review Committee Meeting Minutes 7 Sunshine Law Basics: The law applies to discussions between two or more members of the same body on matters that may come before that body. Indirect communication through intermediaries is also prohibited. Public Discussions: Any discussion about committee matters should occur in official meetings. Avoid discussing other members' opinions outside of these settings. SELECTION OF CHAIR AND VICE CHAIR: There was discussion about the need for a Chair and Vice Chair. MOTION was made by Sal Marullo, seconded by Kevin Cox, to appoint Yumeko Motley as Chair of the Charter Review Committee. AYE: Cox, Gies, Huneycutt, Marullo, Motley NAY: None MOTION passed with 5 ayes, 0 nays. MOTION was made by Kurt Gies, seconded by Kevin Cox, to appoint Sal Marullo as Vice Chair of the Charter Review Committee. AYE: Cox, Gies, Huneycutt, Marullo, Motley NAY: None MOTION passed with 5 ayes, 0 nays. SET TIMELINES/NEXT STEPS: Suggestions for Charter Amendments: Districting and Term Limits: A suggestion was made to consider districting for the Town of Oakland. Term limits were also proposed as a potential amendment to the charter. Definition of Residency: Discussion on the need to clarify what it means to be a resident of Oakland, especially in the context of eligibility for running for office. Meeting Logistics and Public Involvement: Meeting Scheduling: Concerns were raised about meetings being held during working hours, potentially limiting public participation. It was agreed that after the first set of meetings, future meetings should include evening sessions to increase public involvement. 3-3-2025 Charter Review Committee Meeting Minutes 8 Public Feedback: The public can access meeting recordings and provide feedback via email. Despite efforts to solicit public input on charter changes, no feedback has been received yet. More information will be made available on the town's website to encourage public engagement. Quorum and Attendance: Quorum Requirements: A quorum requires three members to be physically present for meetings. Members can attend electronically under extenuating circumstances, such as work-related travel, with a motion passed to allow this. Charter Review Process: Review Methodology: The committee discussed the approach to reviewing the charter, suggesting a focus on two articles at a time. It was noted that some topics, like districting, might span multiple articles and require a broader discussion. Interaction with the Town Commission: The committee will provide interim reports to the town commission to ensure alignment and receive feedback. Staff will compile a bullet point list of suggested changes for committee review. Financial Considerations: Debt Limit and Financial Health: Concerns were raised about the town's proximity to its debt limit. The finance director may be invited to future meetings to provide insights on financial matters. Compensation Comparisons: There was a suggestion to compare compensation for elected officials with other similar communities, considering Oakland's unique economic base. Strategic Approach to Charter Amendments: Article VS. Topic Review: The committee discussed the benefits of reviewing the charter by topic rather than strictly by article, to address broader issues effectively. Topics such as districting and term limits require comprehensive discussion as they impact multiple sections of the charter. Proposed Changes: Staff will propose specific changes to the charter, such as wording adjustments, for committee consideration. Larger conceptual changes, like moving from at-large elections to district-based elections, will be discussed in detail. 3-3-2025 Charter Review Committee Meeting Minutes Discussion on Term Limits and Districts Conceptual Considerations: The idea of implementing term limits and districting simultaneously was discussed. Concerns were raised about the potential difficulty in finding candidates for specific districts. The primary goals were identified as increasing community involvement and ensuring diverse neighborhood representation. Historical Context and Challenges: , A historical perspective was provided, noting that in past elections, some seats went unopposed due to a lack of candidates. The importance of having candidates run for positions to avoid unopposed seats was emphasized. District Elections: Models and Implications Different Models of District Elections: Examples from Sarasota County and Longboat Key were discussed, highlighting different district election models: Sarasota County: Voting within the district for candidates. Longboat Key: At-large voting with candidates required to reside in specific districts. Logistical Considerations: The logistics of implementing district elections were explored, including the potential need for multiple polling sub-precincts within a single location. The role of the Supervisor of Elections in managing these logistics was acknowledged. Impact on Voter Turnout: Concerns were raised about varying voter turnout across different districts, influenced by socioeconomic and demographic factors. The necessity for districts to have roughly equal populations, not voter numbers, was highlighted. Charter Amendments and Implementation Process for Charter Amendments: o The meeting discussed the process of proposing charter amendments for districting, which would involve a districting commission or committee. It 3-3-2025 Charter Review Committee Meeting Minutes 10 was noted that any changes would likely not take effect until the 2028 election. Selection Process for Filling Vacancies: The current charter's provision for filling vacancies within 30 days by the governor was deemed weak. Alternative methods for filling vacancies were suggested, with a focus on empowering the town to manage this process. Future Considerations and Next Steps Preparation for Next Meeting: A memo with bullet points and topics for discussion will be prepared for the next meeting. Topics to be covered include districts, term limits, residency requirements, and other relevant subject matters. Articles for Review: Articles 2 and 5 of the charter were dentified as containing significant subject matters for future discussion. Discussion on Runoff Elections Current Challenges and Considerations: Trend Away from Runoff Elections: There has been a noticeable trend in recent decades for municipalities to move away from runoff elections due to the high costs involved. Elections have become significantly more expensive, especially after the mplementation of the Help America Vote Act. Charter Specifications: The current charter specifies a runoff election 28 days after the initial election. However, this timeline is not feasible under federal law due to the need to accommodate overseas ballots and other procedural requirements. Historical Context: The town has rarely triggered runoff elections. The last contested election before 2022 was in 2006, indicating infrequent need for runoffs. Financial Implications: Cost of Elections: In 2022, the town incurred approximately $8,000 for elections, which was covered by the town's budget. The cost was minimized as it coincided with the gubernatorial election. Election Timing: The timing of elections, such as aligning with presidential preference primaries, can significantly impact costs. 3-3-2025 Charter Review Committee Meeting Minutes 11 Potential Changes and Recommendations: Election Timing: There is a possibility of moving elections to November or aligning them with the August primary in the November year. This change could potentially increase voter participation, as turnout is generally higher in November. Coordination with County Supervisor: Any changes in election timing should involve discussions with the Orange County Supervisor of Elections to gather feedback and ensure smooth implementation. Charter Review Process Effective Strategies: Running List of Items: It is suggested to maintain a running list of items for discussion in initial meetings. This approach allows for more focused discussions and public engagement on specific topics. Voting Procedures: All members have equal voting rights, and decisions are made by majority vote. In the event of a tie with four votes, the motion fails. PUBLIC COMMENT: There was no public comment. DATE OF NEXT MEETING: The next meeting of the Charter Review Committee will be on Monday, March 31, 2025, at 3:00 p.m. ADJOURNMENT: The meeting was adjourned at 4:45 p.m. TOWN OF OAKLAND: hodlul YUMEKO MOTLEY, CHAIR ATTEST: widha ELISE HUI, TOWN CLERK 3-3-2025 Charter Review Committee Meeting Minutes 12 LOCAL - VOICES - MAKING 9 'FLC LOCAL FLORIDA LEAGUE OF CITIES CHOICES Town of Oakland: Chris L. Holley I Charter Review Process Director of Member Services And Training March 3, 2025 About the League 411 cities, towns 100+ years old and villages Offices in 1 - Mission unchanged Tallahassee + since 1922: LOCAL Orlando VOICES MAKING LOCAL CHOICES Florida League of Cities Oakland's Charter Review Language Section 7.4 Charter Revisions (a) At least every ten (10) years, the Commission shall appoint and fund a Charter Revision Committee. (b) The Committee shall consist of five (5) persons. Each Commission member shall make one (1) appointment. The Committee shall commence its proceedings within forty-five (45) calendar days after appointment by the commission. If the Committee determines that an amendment or revision is needed, it shall submit the same to the Commission no later than October 1 of the year following its appointment. Alternative proposals may be submitted. The Commission shall submit suggested amendments and revisions to the qualified electors of the Town in accordance with the provisions of Section 6.1. Municipa: Charters in Florida > All charters are unique; haven't found any two identical 411 cities, towns and villages - all have a charter Charters Like a Constitution = broad tramework Explains the vision, mission and structure of the municipality Explains how the representatives will be elected; chain of command and fiscal authority Details are by ordinance (law) and policies Short: 8 to 10 pages in length Charter Review Committees Some are created by charter with specific appointment terms Some are created by ordinance, or at the request of a city council; varies widely across Florida's municipalities This Committee created by Resolution Commiftee is usually tasked with a time-specific review, assisted by counsel, and to bring back any recommendations to the council The counci may choose to place items directly on the oallot oased upon recommendations of the counsel and committee The role of citizens in this process is crucial: representation of the public; ability to weigh issues and to understand the charter's importance as the city's governing foundation Common Charter Elements Preamble Boundaries - Legislative Body Form of Government Charter Officers (positions defined) Fiscal and Fiduciary Authorities and Responsiblilities Amendment Process Comparable Charter Characteristics: Legislative Size of Council or Commission: five (5) members is most common; some seven (7) and some (6) where mayor IS non- voting Length of term: two- and four- year terms are fairly evenly spread across 41 1; smaller percentage Use three-year term Type of election per council seat: at-large; single-member district (SMD); elected seat with at-large voting; true at-large; some councils are mix of at-large and SMD Selection of mayor: 3 options: elected at large; elected from within the council; rotational Forms of Municipal Government in Florida - Council-weak mayor: original form brought over from England; council shares all powers; about 85 Florida cities with populations less than 25,000 - Council-strong mayor. an elected executive implements council actions and administers the city; about 40 Florida cities in all populations - Council-Manager or Commision-Manager: professional manager appointed by mayor & council to administer city, prepare agenda and recommend actions to council, and present a budget each year; about 280 Florida cities of all populations - Hybrid: elements of the above Charter Offices and Departments & Some cities seek to > Examples can include establish a department by utilities, police and fire, or including it in the charter a specific service unique SO that any changes to that municipality would require referendum - Charter positions most >The other way to often include attorney, establish departments is clerk and manager (if that by resolution or ordinance form of government) Oakland Comparisons: Using populations from 4,027 to 6,975: With Oakland there are 7 municipalifies Geography: All are interior; none coastal. 0 rural; 0 urban; 7 suburban 7 are Councl-Manager or Commision-Monoger: 0 is Council-Strong Mayor; 0 Commission; 0 is Counci-Wedk Mayor; 0 Hybrid Number of elected seats: 7 with 5; 0 with 6, 0 with 7 Should also compare scope of services if any charter elements are compared more deeply Town of Oakland: Chart of Comparisons Municipality (County) Population Form of Gov't Seats Bunnell (Flagler) 4,027 C-M 5 Westlake (Palm Beach) 4,694 C-M 5 Fort Meade (Polk) 5,006 C-M Oakland (Orange) 5,402 C-M : Dundee (Polk) 5,653 C-M - Indiantown (Martin) 6,664 C-M 5 High Springs (Alachua) 6,975 C-M 5 Key to Abbreviations: C-M is Council-Manager Best Practices in Charter Reviews Appointing representative citizens Holding several public forums for discussion (especially if referendum is scheduled) Use of website for agenda, minutes of meetings, display of current and proposed language - can help engage citizens If referendum is scheduled, develop "FAQ" for website Consider partnering with other civic organizations to help with forums, public discussions - reach out and include these groups More Best Practices: Charter Review Committees Charter powers/Quthonly granted to more than one entity Confusing language in elections section = usually in Qudlifications Writing too much: less is better Charter Trends in Florida 030 2020 - Form of government: trend since 1950s toward the counci-manager and commision-monager 2010 form of government (including new incorporations) Charter review time periods: 10- to 15-year periods are widely seen Charter Review: Questions to Consider From the 2021 ninth edition of the Model City Charter: Is the charter reflective of the city's current population? Is the council representative of the population, both resident and business? Does the charter address responsible protessionalism, and do it adequatelys Has the city provided opportunities for citizen participation in the process? Is the city engaged in civic education about the charter (web site, for example)? Resources The Model City Charter- National Civic League www.nclorg - Use their questions, not language Charters in FL: mntcdecomicoy select FL and view list of codified city charters FLC Research: Municipal Research tab on FLC website for Peer City information Example Process CITY OF VENICE CHARTER Process for Charter Review 1. City Council to confirm scope of review entire charter as already determined or revise to only review specific articles 2. Determine Appointment Process for Committee Members 3. Appoint Committee Members at a future City Council meeting 4. Staff to compile suggested revisions from Council, Charter Officers and City of Venice, Florida Department Directors 5. Articles to be presented for discussion to the committee. approximately two 2021 Charter Review Process at a time 6. Committee to determine meeting frequency (i.e. monthly, bi-monthly) 7. Estimated completion of review in six meetings, with proper guidance (to be completed by December, 2021) 8. When review is completed, the Committee presents a package of suggested amendments for City Council to approve, modify or reject for presentation to the electors (no later than first quarter, 2022) 9. City Council adopts an ordinance with the ballot language (no later than June 28, 2022) 10. Questions to be on the November 8, 2022 ballot Example Resolution RISOITION NO,2024-12 A RESDLTTION OF TIE CITy OP MOUNT DORA. FLORIDA ESTARI ISHING: TEZUMCIARTEK REVEW COMNITER PROVIMING FUR LEGISLATIVE FINDINGS AND INTENT: PROVIDING: A SAVINGS CLAISE: PROVDING POR SCRIVENERS ERRORS: PROMDING FOR CONFIICIS: PROVIDING HOR SEVERAHLTY: AND PROVITING: AN EPFECITTVE DATE. WIRREAS. pus in Aniclell, Section of the Cher 'de Chy ef Moumt De, tlec Clys Canngi slaliomakechyw Chmter henvineis no less thans moeeery fives years: and City of Mount Dora W RF AS, thec hater was last reiew ly ail lne omiterin 2nant WHERIAN. th fluner pnviles thar lhealle dmittor shall Ive winel M hefine ihelirst rayalarly scholulai Cy Cinndil maing of April lnd the. 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Copies provided fo SICTON : Ampaine. sb Memleis The 2024 Clane Review' Commitee shall consist of hetllowinss aens (i membars. all al whon e residents al the Cigs ol Mannt Dont jatmne TAtal a the Fall mB luer!, Example Timeline Charter Review Process Timeline Proposed Schedule to Make the November 2026 Election Ballot City of Wildwood, Florida Milestone Date Charter Revicw Committcc (CRC) Established September 2024 2024 Charter Review Timeline CRC Kickoff Meeting Outlining Purpose and Process October. 2024 Kickoff Workshop with City Commission October 2024 Firsi Draft Changes Presented to City Manager September 2025 Copies porovided o Oakland staff Workshop with Commission to discuss proposed revisions October: 2025 CRC Recommends Final Draft to Commission May 2026 I" Reading of Ordinance June 2026 Public Hearing of Ordinance June 2026 Ordinance and Ballot Language sent to Supervisor of Elections June 2026 Voters Consider the Revisions November3,2026 Recommended Next Steps Town Commission pass a Resolution establishing process and expectations Give guidance and direction on parameters and schedule Make appointments Set initial meeting Committee reports back to Town Commission Commission action on placing any proposed changes on the March 2026 ballot Questions and < Discussion HELP Thank you for including SUPPORT the Florida League of Cities in your process! ADVICE GUIDANCE