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The form of government provided by this charter shall be known as the “council-manager government”. Pursuant to its provisions and subject only to the limitations imposed by the Constitution, general and special acts and laws of the state of Florida and by this charter, all legislative powers of the city shall be vested in an elected council, hereinafter referred to as the “council”. It shall enact ordinances, adopt resolutions, adopt budgets, determine policies and appoint a city manager. The city manager shall execute the laws and administer the government of the city. All powers of the city shall be exercised in the manner prescribed by this charter. If the manner is not prescribed, then the powers shall be exercised in such manner as may be prescribed by ordinances.
(Ord. 92-28, passed 9-17-92) (Adopted by electorate 11-3-92)
Effective November 9, 2016, the salary for the office of Mayor shall be at the rate of 20 cents per capita, and the salary for the office of Councilmember shall be set at the rate of 10 cents per capita. The per capita numbers utilized shall be the population as of the date of approval of this revision as set forth in the most recent population estimate of the Bureau of Economic and Business Research of the University of Florida. The annual salary of the Council shall not be increased by more than the increase in the Consumer Price Index, or the annual increase given to City employees, whichever is lower. The annual salary shall be reviewed during the City's annual budget process. No increase in salary shall become effective until October 1.
(Ord. 92-28, passed 9-17-92) (Adopted by electorate 11-3-92) (Amendment adopted by electorate 11-8-16)
The mayor shall preside at meetings of the council, shall be recognized as head of city government for all ceremonial purposes, and by the governor for purposes of military law. The mayor shall be the person upon whom service of process can be made. The mayor shall sign contracts, deeds, and other documents, and shall be the city official designated to represent the city in all agreements with other governmental entities or certifications to other governmental entities, but shall have no administrative duties except as required to carry out the responsibilities herein. Annually, the mayor shall deliver a state-of-the-city message. At the first council meeting following the first Tuesday after the first Monday in November or following any city run-off election, whichever is later, the council shall elect one (1) of its members as deputy mayor. The deputy mayor shall act as mayor during the absence or disability of the mayor. In case of the death, resignation, or removal of the mayor, the deputy mayor shall serve as mayor until the vacancy of the mayor's office is filled in accordance with subsection 3.062, “Filling of vacancies.”
(Ord. 92-28, passed 9-17-92) (Adopted by electorate 11-3-92)
3.051 Appointment and removals. No member of the council shall, in any manner, dictate the appointment or removal of any city administrative officer or employee whom the city manager or any of his subordinates are empowered to appoint. However, the council may express its view and fully and freely discuss, with the manager, anything pertaining to appointment and removal of such officer or employee.
3.052 Interference with administration. Neither the council nor its members shall either direct, interfere, or otherwise deal with city officers and employees who are subject to the direction and supervision of the city manager, except through the city manager. Neither the council nor its members shall give orders to any such officer or employee. However, after reasonable notice to the city manager, individual members of the council may closely scrutinize, by questions and observations, all aspects of city government operations, solely for the purpose of obtaining information to assist the council in the formulation of sound policies to be considered. All recommendations for improvement in city government operation by individual councilmembers shall be made to and through the city manager.
3.053 Holding other office.
(a) No current or former elected city official, nor any relative of such former elected city official, shall hold any compensated appointive city office or employment until, at least, two (2) years after the expiration of the term for which elected. This provision shall not apply to relatives of any current or former elected city official holding a compensated appointive city office or position of employment prior to November 9, 2016.
(b) For the purposes of this section, "relative" shall mean an individual who is related to the current or former elected city official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
(Amendment adopted by electorate 11-8-16, 11-8-22)
3.054 Conflict of interest. Officers, employees, or elected officials shall not directly or indirectly contract to do any work, render any service or furnish any material or equipment to or for the city with any association, partnership, firm, business entity, person or corporation in which they have a financial interest.
(Ord. 92-28, passed 9-17-92) (Adopted by electorate 11-3-92)
The office of a councilmember shall become vacant upon death, resignation, removal from office in any manner authorized by law or by forfeiture of that office, and such vacancy is to be declared, by resolution stating cause, by the remaining members of the council at a regular or special council meeting.
3.061 Forfeiture of office. If, during the term of office, the state commission on ethics finds that a councilmember has violated any provision of this charter or is found guilty by a judge or jury or pleads guilty or nolo contendere to any felony or a crime involving moral turpitude whether or not adjudication is withheld, such councilmember shall be deemed to have forfeited his office. Forfeiture of such office shall be affirmed and ratified by a resolution duly adopted by the other members of the city council.
3.062 Filling of vacancies. When a vacancy occurs on council as a result of death, resignation, illness, disability, written court order, forfeiture of office, or other lawful written order or action, such vacancy shall be filled in accordance with the procedures prescribed by ordinance by appointment of the majority of the remaining members within sixty (60) days. If the majority of the remaining members of the City Council fail to fill the vacancy through appointment within the sixty-day period, a special election to fill the vacancy shall be called and held in a manner coordinated by the City Clerk with the Supervisor of Elections and adopted by resolution of the City Council. All vacancy elections will run concurrent with the regularly scheduled city elections. Appointments will be to serve until the next general election cycle.
(Amendment adopted by electorate 11-8-22)
3.063 Absenteeism.
(1) Absence from four (4) consecutive regular meetings of the council, or a total of six (6) within a twelve (12) month period, shall vacate the seat of the member. The city clerk shall notify the council of the third and fourth consecutive absences or the sixth within a twelve (12) month period of any councilmember.
(2) Absences created by illness, mental or physical disability, written suspension by court order, or other lawful written order or action shall not be considered absences for purposes of this subsection. However, the existence of an illness or mental or physical disability must be established by written medical evidence setting forth in detail the nature and cause of the illness or mental or physical disability and the prognosis thereof.
3.064 Extraordinary vacancies.
(1) In the event that all members of the council are removed by death, disability, law, or forfeiture of office, the governor shall appoint an interim council that shall call a special election as provided in subsection 3.062.
(2) If at any time the membership of the council is reduced to less than a quorum, the remaining members may, by majority vote, appoint additional members pursuant to subsection 3.062.
(Ord. 92-28, passed 9-17-92) (Adopted by electorate 11-3-92) (Amendment adopted by electorate 11-6-12)
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