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(a) The city attorney shall be appointed by a majority vote of the city commission for an indefinite term. The commission shall hold an annual review of the city attorney at a public meeting.
(b) The city attorney shall hold office at the will of the commission and shall receive such salary as may be fixed by the commission.
(Ord. O-84-14, passed 2-3-84; Am. Ord. O-2018-06, passed 11-6-18)
(a) The city attorney shall be an active member in good standing of the Florida Bar.
(b) The city attorney shall:
(1) Act as the legal advisor to and counselor for the municipality, and all of its officers, in matters relating to their official duties.
(2) Prepare all contracts, and other instruments in writing in which the municipality is concerned, and shall endorse on each his or her approval of the form thereof; and no contract with the municipality shall take effect until his or her approval is so endorsed thereon.
(3) Make emergency legal decisions on filing suits and appeals subject to ratification of the commission.
(4) When requested to do so by resolution of the commission, prosecute and defend on behalf of the city all complaints, suits and the controversies in which the city is a party.
(5) When so requested, furnish the commission, the city manager, the head of any department, or any officer or board not included within a department his or her opinion on any question of law involving their respective powers and duties.
(6) Perform such other professional duties as may be required of him or her by resolution of the commission or as prescribed for city attorneys in the general law of the state.
(Ord. O-84-14, passed 2-3-84; Am. Ord. O-99-34, passed 10-20-99; Am. Ord. O-2018-06, passed 11-6-18)
In case of prolonged sickness or prolonged absence of the city attorney, the commission may appoint another person, not a member of the commission, to act for the city attorney during such sickness or absence, The person so appointed may, during such tenure, act for the city attorney and perform all his or her duties; and all of such acts of the person so appointed shall be as valid as those performed by the city attorney. In all other situations, the city attorney shall name a temporary acting city attorney. Each appointee pursuant to this section shall be an active member in good standing of the Florida Bar.
(Ord. O-84-14, passed 2-3-84; Am. Ord. O-99-34, passed 10-20-99; Am. Ord. O-2018-06, passed 11-6-18)
(a) The city manager shall appoint all other officers and employees as provided by law, except the city attorney shall appoint all assistant city attorneys.
(b) Any one (1) person or employee may be appointed to hold more than one (1) office or position; provided, however, that the director of the department of financial services may not hold the office of purchasing agent.
(Ord. O-84-14, passed 2-3-84; Am. Ord. O-94-06, passed 2-2-94; Am. Ord. O-95-67, passed 11-1-95)
Interference with appointment or duties of officers and employees.
Neither the commission nor any of its members shall dictate the appointment of any person to office or employment by the city manager or city attorney nor in any way prevent the city manager or city attorney from exercising his or her own judgment in selecting the personnel of his or her administration.
(Ord. O-84-14, passed 2-3-84; Am. Ord. O-99-34, passed 10-20-99; Am. Ord. O-2010-28, passed 7-21-10; Am. Ord. O-2018-07, passed 11-6-18)
(a) Appointment. There shall be a charter review committee appointed by resolution of the city commission at the first regular city commission meeting in March of 2017 and every six (6) years thereafter.
(b) Membership. The charter review committee shall consist of no less than nine (9) and no more than eleven (11) members. In appointing the members, the city commission shall make every reasonable effort to appoint at least one (1) member from each city district. The members shall be residents and registered voters of the city at the time of appointment and throughout their terms. The immediate past chair and vice-chair shall be non-voting ex officio members. No elected official of the state, county or any municipality, nor any city employee, may serve as a voting member of the charter review committee.
(c) Term of appointment. The term of each member of the charter review committee shall expire the day after the presidential or gubernatorial election, whichever appears first, held after the first Monday in November one (1) year after the year in which said members were appointed. The city commission may, by resolution, extend the term, but only to enable the committee to complete its work for the then current six (6)-year cycle.
(d) Vacancies. Upon request approved by a supermajority vote of the then current committee membership, vacancies in committee membership may be filled by the city commission in the same manner as for original appointments, for the remainder of the vacant position's unexpired term.
(e) Records. The city shall maintain copies of all written, recorded, and electronic records of the charter review committee in conformance with applicable law.
(Ord. O-2010-31, passed 7-21-10; Am. Ord. O-2018-08, passed 11-6-18)
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