CALLAWAY BOARD OF COMMISSIONERS CHARTER REVISION WORKSHOP
MEETING
SEPTEMBER 16, 2013
TIME: 10: 00 A.M.
The meeting was called to order by Mayor Abbott at 6: OO. P.M. All Elected Officials were present.
Also present were: City Manager Collins, City Attorney Obos and City Clerk Hirth.
ITEM# 1
CHARTER REVISION DISCUSSION
Mayor Abbott stated they would begin this workshop by continuing their discussion about potential
ways to possibly update or review the Charter to be sure it is serving the City as it should. He asked if
everyone on the Board had the two copies of the Charter City Attorney Obos provided for their review
and everyone stated they had this information. Mayor Abbott said this information was gathered by
City Attorney Obos from the previous Budget Revision Workshop. He then asked City Attorney Obos
to discuss the areas changed and they would discuss after each item as it came up. He said they could
then discuss any other issues the Board may have with the Charter. Mayor Abbott said after the Board
has discussed the changes and any other issues, there would be Public Participation. The Mayor asked
City Attorney Obos to begin the discussion.
City Attorney Obos said after the last Workshop he put their proposed changes into a redline version
so they could see how the current language was in the Charter and then they would see the proposed
changes also. He stated that throughout the entire Charter he put in the language to have the Charter
gender neutral ( he/ she).
City Attorney Obos stated that on Section 2. 02 he changed it to reflect it would now be terms of office
rather than have actual dates. The next item with proposed changes is under the City Manager section.
He stated under Section 3. 04 additional wording ( without the approval of the City Commission) was
added after the issue of the City Manager being engaged in any other business. Under Section 3. 05( 4)
the additional wording " unless excused by the City Commission" was added with regard to attending
all Commission meetings. The next item was under the City Clerk Section 3. 06 which City Attorney
Obos said was a substantial change which was based on the last Regular Meeting rather than the
Workshop. He stated all of the financial requirements were removed since we have a Finance Director
now and we do not issue warrants for payments, etc. He said it clarifies the City Clerk' s duties stating
the City Clerk is at City Hall for the purpose of being the records custodian as well as being the Clerk
for the Commission attending the meetings, etc. He said he tried to spell out in plain language the City
Clerk' s duties. City Attorney Obos said the next Section with a proposed revision is Section 4.02
regarding Elections which shows the election will always be the third Tuesday after the third Monday
which makes it consistent with the Supervisor of Elections Office. A provision was added in case
there was a tie in the highest number of votes which was to " draw lots" to determine who would be
elected. He also clarified the addition of language that the Commission could amend the boundaries of
the Wards except during the six month period immediately preceding the election of a Commissioner
from the amended ward. The next proposed changes was in Section 5 which states prior to September
the City Manager will have the proposed budget to the Commission, it has to be posted on the website,
and in paragraph he took out the references to 7 days since this was done prior to the City having ad
valorem taxes which has different timelines. City Attorney Obos said he updated this section to reflect
that we now have electronic fund transfers. He said he further clarified in Section 5. 04 that the City
Manager can enter into contracts on behalf of the Commission of up to whatever limits the
Commission has set by resolution or ordinance.
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City
of
Callaway,
Charter Revision
Workshop Meeting,
September 16, 2013
City Clerk Hirth asked Mayor Abbott to have everyone speak clearly into their microphones since she
had received requests from citizens prior to the meeting. Mayor Abbott reminded everyone to speak
into the microphones so that people who want to hear this recording will be able to do so. He said he
felt sure everyone could hear them at the meeting.
Mayor Abbott asked for questions from the Board.
Commissioner Henderson said City Manager Collins pointed out to her in Section 5 under the
disbursement of funds, that where it states a counter signature will be required for all disbursements, it
should say " except for electronic fund transfers" (
EFT) disbursements. City Attorney Obos said it then
allows for the Board to have come up with a policy to that affect.
Mayor Abbott said there had been a lot of discussion about City Clerk so he asked everyone to go
through that section ( 3. 06) very carefully because this was a pretty major rewrite. He wanted to make
sure no one had a question about it. Commissioner Henderson said she knew they removed some of
the language regarding financial duties that are not really under the City Clerk but questioned if these
duties should be in the Charter somewhere such as the Commission will be provided with quarterly
financial information
Clerk—
Charter,
reports.
Mayor Abbott
called attention to the sentence
in Section 3. 06—
City
Powers and Duties that states " and such other duties as are required of the City Clerk by this
state
law,
ordinances of
the
City
or
direction
of
the
City
Commission." He said this was a
catch all. City Attorney Obos asked if there are currently quarterly reports given to the Board at the
meetings. Mayor Abbott said they have actually been receiving them from the Finance Director.
Commissioner Otano asked if there should be language in the Charter regarding the Finance Director
of does this fall under operations. Commissioner Henderson commented that not unless the Finance
Director is a Charter Officer. City Attorney Obos said the Commission created the position of Finance
Director and this can be added to that job description if it is not already listed which would then make
sure the City Manager is receiving the information also.
Mayor Abbott asked if it is safe to say that for now they will leave the wording as it is, at least until the
next Workshop. He asked if there were things that were discussed in the last meeting or in the minutes
that should be reviewed, address or consider.
Commissioner Henderson had two issues. The first issue was regarding the discussion at the last
Workshop about the Finance Director becoming a Charter Officer. She said is this something that they
should be weighing the pros and cons about because she knew there were citizens, Mr. Griggs and
several other citizens who were in agreement with him, who were asking for this to be considered. Her
second issue was regarding term limits. She asked for discussion on these issues to see what the
consensus is from the Board. Mayor Abbott asked the Board for their thoughts on the Finance Director
being a Charter Officer. Commissioner Otano said if it' s under operations that it' s covered and he did
not think they needed to undermine the City Manager. He stated if this position was placed as a
Charter Officer it would somewhat undermine the City Manager to a certain extent. City Attorney
Obos said there would be overlap if they were both reporting to the Commission. Commissioner
Hollister said he believes the Finance Director is a major part of the City Manager' s function in
keeping up with what' s being spent, what' s coming in, etc. and he feels this position should be under
the City Manager. Commissioner DeLapp said they need to be working hand in hand and that it
doesn' t need to be a Charter Officer. Mayor Abbott said he agreed. Mayor Abbott asked for
discussion on term limits. Commissioner DeLapp said it takes someone one to two years to figure out
what is going on to start with regarding the Florida Statutes, rules and regulations, etc. He said by the
time you get situated where you can do some good by making contacts that you have gained, your term
2
City
of
Callaway,
Charter Revision
Workshop Meeting,
September 16, 2013
would be up and then you would be out. He further said that all the ways you would have to help the
City would be lost. Commissioner Otano said it has pros and cons. He said he knew Bob Thompson a
long time before he passed away and knowing Bob he did not think he would be in favor of term
limits. He said Mr. Thompson would be proud of what they have accomplished so far and how fast
they got there. He said he is open to it but doesn' t think it would be as Commissioner DeLapp said,
you would get someone in there and it would take a while for them to know how to get the knowledge
they would need to be successful. Commissioner Hollister said he was not in favor of a term limit of
one term but would be in favor of a two term limit. Commissioner Henderson said she agreed with the
two term limit. Mayor Abbott said he did not know Mr. Thompson very long but thought he was a man
of conviction. He said that he thought Mr. Thompson would not be in favor of term limits. He stated
the electoral system has term limits and that every seat on the dais has a term limit. He said when the
citizens they serve decide that when they are not being effective and they believe someone else can be
more effective, they will term limit the person at the election. He said one of the down sides of term
limits is if an elected official is doing a wonderful job and wants to continue then term limits will take
the voice of the citizens away. Commissioner Otano agreed that if citizens do not like what is being
done by their elected official, they will vote them out. He said he was pretty sure if Bob Thompson
was in office they would not want to limit him in office. City Attorney Obos said the size of the city
needs to be considered also because we have a hard time filling positions on boards and committees.
Mayor Abbott said he feels certain that being a small city that our citizens will term limit its elected
officials through the democratic process.
Mayor Abbott asked the Board members if there were any other items they would like to discuss.
There being no reply, Mayor Abbott opened the meeting to audience participation.
PUBLIC PARTICIPATION
Dolly Andrew, 5104 Collins Street, Callawav, FL, said it appeared that she had missed a lot of
meetings because the Charter looked like it had already been amended or changed. She asked if she
was wrong and Mayor Abbott said she was incorrect. He said the Charter will not change unless there
is a vote by citizens. Ms. Andrew stated she thought that was correct but asked who had done all of
the work on the Charter she had picked up. Mayor Abbott told her City Attorney Obos did the changes
so the Charter could be looked at to see if it said what they and the citizens wanted it to state. She
inquired if it had citizen input and Mayor Abbott asked if he could answer one question at the time.
He told her that the way they had decided to do the Charter changes was in the open so citizens could
hear their discussion and at the end of their discussion, citizens would have their input. He stated that
is what they intend to do at tonight' s meeting as well. He said anything that was discussed they asked
the City Attorney to put that in wording so they could see how it looks and then still consider that or
nothing. Ms. Andrew asked if the City Clerk and the Finance Director are Charter Officers. Mayor
Abbott stated the City Clerk is a Charter Member. Ms. Andrew inquired about why the Finance
Director is not a Charter Officer and Mayor Abbott said that was discussed already tonight and it will
continue. Ms. Andrew said she really appreciated his attitude and Mayor Abbott said he was trying to
answer
her
questions.
She said she wanted to commend him on all of his newspaper articles for the
last three days and she said it' s not too early to start politicking. Mayor Abbott said that was all
decided by the News Herald and we do not control what they do.
Melba Covey, 416 Seneca Avenue, Callaway, FL, stated she was not going to stand up and rebuff what
everyone said about Mr. Thompson. She said that she knew him better than most due to the large
amount of campaigning they did together. She stated that he was only going to do one term and he
was in favor of term limits. Ms. Covey asked why they were rushing to get the Charter amended in a
short period of time. She asked what needed to be changed so quickly that it would not wait until the
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City
of
Callaway,
Charter Revision
Workshop Meeting,
September 16, 2013
2016 election so they could do a well thought out amendment. She wanted to know if there was
something going on that is being withheld from the citizens. She referred to the article in the
newspaper today by Mayor Abbott where he indicated that there were about six changes to the Charter
which would be the starting point for discussions. One of the changes he referred to was the financial
duties of the City Clerk. She said his opinion is that since they have a Finance Director and audit
service that presently the financial duties of the City Clerk is to provide financial information to the
City Manager. She said he further stated that the City Clerk does not handle money on a daily basis.
She asked what has changed since the most recent City Clerk (prior to City Manager Collins) did
handle utility receipts on a daily basis to help the utility department. She stated in a recent meeting the
Assistant to the Finance Director told them the recent City Clerk helped them a lot in that area. She
further stated that those duties were delegated to the Records Clerk and Assistant to the Finance
Director upon the resignation of the recent City Clerk. She said it was her understanding that the
previous City Clerk did give the Commission a quarterly financial report. Ms. Covey asked what has
changed. She said the City had a Finance Director and audit service during her employment so what
has changed. Ms. Covey said she researched other cities' Charters where they have City Clerks and
Finance Directors, who is also a Charter Officer and called a Treasurer, the City Clerk was the
Assistant Treasurer. She told Mayor Abbott that he had said the citizens had told the City Commission
the current Charter could be interpreted as putting a substantial amount of financial responsibility
under the City Clerk position. She said he failed to state that the citizens have requested and
recommended that the Finance Director be made a Charter Officer in addition to the City Clerk in this
Charter amendment. She stated that appears to have been omitted. Ms. Covey said she had researched
many Charters from other cities and their Charters spell out the important position of City Clerk as a
Charter Officer and as a conduit to both the citizens and elected officials that make up the
Commission. She said the tone of the Commission since the last City Clerk resigned is that the City
Clerk position is of no importance. She asked again what has changed. She stated he had glorified the
last City Clerk and that she was a great loss to the City. She asked if this was because he doesn' t have
any input now.
Jim Jennin s, 7514 Sara Lane, Callawav, FL, told the Commission that he would not want to be in
their seats because it doesn' t matter what they do, someone is not going to be against them. Mr.
Jennings said he knew Mr. Thompson also and that he wasn' t here when he was challenged by Mike
Jones to run for election, which he did. He urged them not to rush through changing the Charter. He
stated he would like to see three Charter Officers. He said before they had a City Manager that seemed
to have all the power and everyone was afraid of her. He stated he would hate to see us get back into
that type situation again. He told the " God Bless" them and to please do not run through this Charter.
Charles Griffin, 5412 E. Hi
y 22, Callaway, FL, stated he would like to contribute in a positive
way to Callaway. He said he' s proud to be a citizen of Callaway and wanted to commend them for the
good things he sees in the newspaper. He stated he remembered when there was fighting and all types
of negativity was going on. He said a Workshop is not a final draft, it' s where they all get together to
discuss the positives and negatives of a situation. He commended the Commission for taking the City
forward from 1996 to 2013. He said everyone is getting up and arguing about little things here and
there when they have demons to chase elsewhere. Mr. Griffin stated he read in the newspaper a week
or so ago about Bay County and how well the water treatment plant is running while they are raising
water rates on all of the municipalities who depend on them for water. He said Bay County is robbing
citizens of millions and millions of dollars and he would be glad to sit down and show them how
they' re doing it. He thanked City Manager Collins for taking the City from bankruptcy to a future that
looks pretty good for his grandchildren. He said for them to keep moving forward. He stated he has
been in a Commissioner' s seat and that it' s a lot easier to point a finger from the audience to them than
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City
of
Callaway,
Charter Revision
Workshop Meeting,
September 16, 2013
it is to point one from there because everything they say will be put into the newspaper. He said he
believes this Commission Room is where they should discuss things as human beings. He stated he is
living proof that an elected official can be term limited because he was. He thanked them again and
said they are doing a marvelous job. He said these changes are not cast in stone that is done when it' s
voted on in April.
Janice Jennin s, 7514 Sara Lane, Callaway, FL, said she wanted to reiterate what some of the citizens
have already said. She said they do not need to rush into changing the Charter. She stated that if they
change a
few things
now
that
they
will
be confusing the
citizens.
She also said she hated to dispute
their words but she was in a lot of ineetings with Mr. Thompson and he definitely wanted term limits.
She said they talked frequently about having two term limits. She said she agreed with Commissioner
DeLapp that it needs to be more than one term. She stated if someone has been in office eight years
and they have not accomplished what they wanted then something' s not right. She again asked the
Commission to not rush into changing the Charter.
Jean Champoux, 621 S. Berthe Avenue, Callawav FL, said she is going to ask questions but she did
not want answers until she had finished so it would not take away from her time. She said she also
wanted to recommend that the Finance Director be a Charter Officer but she said she is now having
some confused
thoughts.
She stated she echoes most of what Ms. Covey said. Mrs. Champoux said
there is a reason why a Finance Director was important and it had to do with accountability,
transparency and checks and balances. She asked that it be discussed thoroughly before they decide
for or against making it a Charter Officer. She asked that the Commission take time to put together a
good Charter and not to just throw it together. She said the one they have now is basically a good one,
but it is ambiguous, misleading, confusing and it has things that need to be changed because of the
things that have changed in our area. She asked the Commission to consider the changes carefully that
they are putting in the Charter because it needs to last a long time. Mrs. Champoux said she would like
to see more input than what is here because they do not have time for a give and take conversation.
She said the Commission needs to get more input however they do it such as phone calls, meetings,
however, but the citizens need to be allowed more input into this situation. Mrs. Champoux' questions
were: she
does
not understand
the Mayor Pro Tem Commissioner seat
succession—
she would like that
explained to her; does the Mayor Pro Tem stand for election after the term he was elected to as a
Commissioner
or when
the
Mayor'
s term
that
he is
now
sitting
on expires?
She stated her major
concern is that they take their time and listen to the citizens.
Mayor Abbott explained that the Mayor Pro Tem position is not an elected position. Mayor Abbott
clarified that Mrs. Champoux was referring to the Mayor' s seat. City Attorney Obos stated that as far
as the Commissioners, they will continue to be elected on even years with Wards 1 and 2 coming up
for election in 2014 and then Wards 3 and 4 coming up for election in 2014 and will continue to be
staggered on even years. He said there was no change in the wording with regard to filling vacancies
when they occur. He stated his interpretation when there is a vacancy is the Mayor Pro Tem
temporarily" fills the vacancy until the next regular election( it may or may not be the next Mayor' s
He further stated that whoever runs will be running to fill the vacancv until the next
regularly scheduled Mayor' s election schedule ( with Wards 3 and 4) which will be in 2016 and these
terms will be regular 4- year terms. Whoever wins the election for Mayor in April, 2014 will be filling
the vacancv for 2 years only unti12016.
election
time).
Mayor Abbott asked if there was anyone else who would like to speak who did not have an opportunity
to complete a Public Participation form. Mr. Shaner asked to speak.
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City
of
Callaway,
Charter Revision
Workshop Meeting,
September 16, 2013
Ron Shaner, 5711 Kevin Circle, Callaway, FL, stated that regarding term limits he feels too many
times it' s the size of the pocketbook and the special interest groups. He said special interest groups are
a big enemy of the freedoms we enjoy. He said they start throwing mud and all kinds of stuff and the
first thing you know things do not go as they' re supposed to go. He asked the Mayor what defines a
small
city,
where' s
the
line?
Mayor Abbott said maybe Callaway is a big city, he said it was just his
thought. He also said he wasn' t sure if the Charter should deal with it or not but he would like to have
the benefits for the Commission and other employees spelled out/ clarified. Mayor Abbott stated that
goes back to State Law and that it' s not a part of the Charter to which Mr. Shaner replied a lot of the
State law gets back to corruption runs deep in/through Tallahassee.
Matt Anderson 7217 Boat Race Road, Callawa , FL, asked what large amendments were they
proposing other than gender neutrality. He stated he did not see anything other than a little
modification of language that was being recommended. Mayor Abbott explained that at this time it is
just a discussion but in the future it would be a proposal in the form of a Resolution if they get to that
point. He explained that for the sake of discussion to leave everything in there ( revised Charter from
City Attorney Obos). He said after more workshops he' s sure there will be other changes. Mr.
Anderson asked if everyone was familiar with the Charter as it stands and Mayor Abbott stated they
are. Mr. Anderson said with 15, 000 people in the City of Callaway that this is a small city. Mr.
Anderson stated there was something off the topic that he would like to speak about. He asked the
Board and City Attorney Obos if they were aware that the marina gang is paying residential taxes on
commercially zoned property. City Attorney Obos clarified that he was speaking about Bridge Harbor.
Mayor Abbott said taxes are handled through the Property Appraiser' s Office. Mr. Anderson asked if
they do not represent the best interest of the City of Callaway. He then said they need to call Peggy
Brannon and have them( Bridge Harbor) pay their fair share of property taxes. He stated that' s a
commercial entity and they are not going to pay residential taxes because it' s not residential. City
Manager Collins reminded Mayor Abbott that we are in a Charter Revision Workshop. Mayor Abbott
stated he appreciated Mr. Anderson sharing his information.
Commissioner Otano stated that by no means are they trying to rush through the Charter but the
Charter is only 18 pages long. He said all they are trying to change right now are some of the minor
things right now and the rest of the Charter will remain intact. He stated the City Clerk' s position was
modified to fit her description and he feels that was the biggest change they have discussed. He said
the heart of the current Charter is still intact. Mayor Abbott said the News Herald reporter did call him
and ask him questions on Friday. He said he was not sure how it readout but that was basically the
things he said to her. Commissioner Otano said the citizens have to vote on the changes and if they
don' t want it then they don' t have to vote in favor of it. He said they are just trying to update some of
the smaller things that need changing.
There being no further business, Commissioner DeLapp moved to adjourn the meeting at 6: 50 P.M.
Sandra B. Hirth, City Clerk
6
City
of
Callaway,
Charter Revision
Workshop Meeting,
September 16, 2013
CALLAWAY BOARD OF COMMISSIONERS CHARTER REVISION WORKSHOP
MEETING
SEPTEMBER 16, 2013
TIME: 10: 00 A.M.
The meeting was called to order by Mayor Abbott at 6: OO. P.M. All Elected Officials were present.
Also present were: City Manager Collins, City Attorney Obos and City Clerk Hirth.
ITEM# 1
CHARTER REVISION DISCUSSION
Mayor Abbott stated they would begin this workshop by continuing their discussion about potential
ways to possibly update or review the Charter to be sure it is serving the City as it should. He asked if
everyone on the Board had the two copies of the Charter City Attorney Obos provided for their review
and everyone stated they had this information. Mayor Abbott said this information was gathered by
City Attorney Obos from the previous Budget Revision Workshop. He then asked City Attorney Obos
to discuss the areas changed and they would discuss after each item as it came up. He said they could
then discuss any other issues the Board may have with the Charter. Mayor Abbott said after the Board
has discussed the changes and any other issues, there would be Public Participation. The Mayor asked
City Attorney Obos to begin the discussion.
City Attorney Obos said after the last Workshop he put their proposed changes into a redline version
so they could see how the current language was in the Charter and then they would see the proposed
changes also. He stated that throughout the entire Charter he put in the language to have the Charter
gender neutral ( he/ she).
City Attorney Obos stated that on Section 2. 02 he changed it to reflect it would now be terms of office
rather than have actual dates. The next item with proposed changes is under the City Manager section.
He stated under Section 3. 04 additional wording ( without the approval of the City Commission) was
added after the issue of the City Manager being engaged in any other business. Under Section 3. 05( 4)
the additional wording " unless excused by the City Commission" was added with regard to attending
all Commission meetings. The next item was under the City Clerk Section 3. 06 which City Attorney
Obos said was a substantial change which was based on the last Regular Meeting rather than the
Workshop. He stated all of the financial requirements were removed since we have a Finance Director
now and we do not issue warrants for payments, etc. He said it clarifies the City Clerk' s duties stating
the City Clerk is at City Hall for the purpose of being the records custodian as well as being the Clerk
for the Commission attending the meetings, etc. He said he tried to spell out in plain language the City
Clerk' s duties. City Attorney Obos said the next Section with a proposed revision is Section 4.02
regarding Elections which shows the election will always be the third Tuesday after the third Monday
which makes it consistent with the Supervisor of Elections Office. A provision was added in case
there was a tie in the highest number of votes which was to " draw lots" to determine who would be
elected. He also clarified the addition of language that the Commission could amend the boundaries of
the Wards except during the six month period immediately preceding the election of a Commissioner
from the amended ward. The next proposed changes was in Section 5 which states prior to September
the City Manager will have the proposed budget to the Commission, it has to be posted on the website,
and in paragraph he took out the references to 7 days since this was done prior to the City having ad
valorem taxes which has different timelines. City Attorney Obos said he updated this section to reflect
that we now have electronic fund transfers. He said he further clarified in Section 5. 04 that the City
Manager can enter into contracts on behalf of the Commission of up to whatever limits the
Commission has set by resolution or ordinance.
1
City
of
Callaway,
Charter Revision
Workshop Meeting,
September 16, 2013
City Clerk Hirth asked Mayor Abbott to have everyone speak clearly into their microphones since she
had received requests from citizens prior to the meeting. Mayor Abbott reminded everyone to speak
into the microphones so that people who want to hear this recording will be able to do so. He said he
felt sure everyone could hear them at the meeting.
Mayor Abbott asked for questions from the Board.
Commissioner Henderson said City Manager Collins pointed out to her in Section 5 under the
disbursement of funds, that where it states a counter signature will be required for all disbursements, it
should
say"
except
for
electronic
fund transfers" (
EFT) disbursements. City Attorney Obos said it then
allows for the Board to have come up with a policy to that affect.
Mayor Abbott said there had been a lot of discussion about City Clerk so he asked everyone to go
through that section( 3. 06) very carefully because this was a pretty major rewrite. He wanted to make
sure no one had a question about it. Commissioner Henderson said she knew they removed some of
the language regarding financial duties that are not really under the City Clerk but questioned if these
duties should be in the Charter somewhere such as the Commission will be provided with quarterly
financial information reports. Mayor Abbott called attention to the sentence in Section 3. 06— City
Clerk— Powers and Duties that states " and such other duties as are required of the City Clerk by this
Charter, state law, ordinances of the City or direction of the City Commission." He said this was a
catch all. City Attorney Obos asked if there are currently quarterly reports given to the Board at the
meetings. Mayor Abbott said they have actually been receiving them from the Finance Director.
Commissioner Otano asked if there should be language in the Charter regarding the Finance Director
of does this fall under operations. Commissioner Henderson commented that not unless the Finance
Director is a Charter Officer. City Attorney Obos said the Commission created the position of Finance
Director and this can be added to that job description if it is not already listed which would then make
sure the City Manager is receiving the information also.
Mayor Abbott asked if it is safe to say that for now they will leave the wording as it is, at least until the
next Workshop. He asked if there were things that were discussed in the last meeting or in the minutes
that should be reviewed, address or consider.
Commissioner Henderson had two issues. The first issue was regarding the discussion at the last
Workshop about the Finance Director becoming a Charter Officer. She said is this something that they
should be weighing the pros and cons about because she knew there were citizens, Mr. Griggs and
several other citizens who were in agreement with him, who were asking for this to be considered. Her
second issue was regarding term limits. She asked for discussion on these issues to see what the
consensus is from the Board. Mayor Abbott asked the Board for their thoughts on the Finance Director
being a Charter Officer. Commissioner Otano said if it' s under operations that it' s covered and he did
not think they needed to undermine the City Manager. He stated if this position was placed as a
Charter Officer it would somewhat undermine the City Manager to a certain extent. City Attorney
Obos said there would be overlap if they were both reporting to the Commission. Commissioner
Hollister said he believes the Finance Director is a major part of the City Manager' s function in
keeping up with what' s being spent, what' s coming in, etc. and he feels this position should be under
the City Manager. Commissioner DeLapp said they need to be working hand in hand and that it
doesn' t need to be a Charter Officer. Mayor Abbott said he agreed. Mayor Abbott asked for
discussion on term limits. Commissioner DeLapp said it takes someone one to two years to figure out
what is going on to start with regarding the Florida Statutes, rules and regulations, etc. He said by the
time you get situated where you can do some good by making contacts that you have gained, your term
2
City
of
Callaway,
Charter Revision
Workshop Meeting,
September 16, 2013
would be up and then you would be out. He further said that all the ways you would have to help the
City would be lost. Commissioner Otano said it has pros and cons. He said he knew Bob Thompson a
long time before he passed away and knowing Bob he did not think he would be in favor of term
limits. He said Mr. Thompson would be proud of what they have accomplished so far and how fast
they got there. He said he is open to it but doesn' t think it would be as Commissioner DeLapp said,
you would get someone in there and it would take a while for them to know how to get the knowledge
they would need to be successful. Commissioner Hollister said he was not in favor of a term limit of
one term but would be in favor of a two term limit. Commissioner Henderson said she agreed with the
two term limit. Mayor Abbott said he did not know Mr. Thompson very long but thought he was a man
of conviction. He said that he thought Mr. Thompson would not be in favor of term limits. He stated
the electoral system has term limits and that every seat on the dais has a term limit. He said when the
citizens they serve decide that when they are not being effective and they believe someone else can be
more effective, they will term limit the person at the election. He said one of the down sides of term
limits is if an elected official is doing a wonderful job and wants to continue then term limits will take
the voice of the citizens away. Commissioner Otano agreed that if citizens do not like what is being
done by their elected official, they will vote them out. He said he was pretty sure if Bob Thompson
was in office they would not want to limit him in office. City Attorney Obos said the size of the city
needs to be considered also because we have a hard time filling positions on boards and committees.
Mayor Abbott said he feels certain that being a small city that our citizens will term limit its elected
officials through the democratic process.
Mayor Abbott asked the Board members if there were any other items they would like to discuss.
There being no reply, Mayor Abbott opened the meeting to audience participation.
PUBLIC PARTICIPATION
DollyAndrew 5104 Collins Street, Callaway, FL, said it appeared that she had missed a lot of
meetings because the Charter looked like it had already been amended or changed. She asked if she
was wrong and Mayor Abbott said she was incorrect. He said the Charter will not change unless there
is a vote by citizens. Ms. Andrew stated she thought that was correct but asked who had done all of
the work on the Charter she had picked up. Mayor Abbott told her City Attorney Obos did the changes
so the Charter could be looked at to see if it said what they and the citizens wanted it to state. She
inquired if it had citizen input and Mayor Abbott asked if he could answer one question at the time.
He told her that the way they had decided to do the Charter changes was in the open so citizens could
hear their discussion and at the end of their discussion, citizens would have their input. He stated that
is what they intend to do at tonight' s meeting as well. He said anything that was discussed they asked
the City Attorney to put that in wording so they could see how it looks and then still consider that or
nothing. Ms. Andrew asked if the City Clerk and the Finance Director are Charter Officers. Mayor
Abbott stated the City Clerk is a Charter Member. Ms. Andrew inquired about why the Finance
Director is not a Charter Officer and Mayor Abbott said that was discussed already tonight and it will
continue. Ms. Andrew said she really appreciated his attitude and Mayor Abbott said he was trying to
answer
her
questions.
She said she wanted to commend him on all of his newspaper articles for the
last three days and she said it' s not too early to start politicking. Mayor Abbott said that was all
decided by the News Herald and we do not control what they do.
Melba Covey, 416 Seneca Avenue, Callaway, FL, stated she was not going to stand up and rebuff what
everyone said about Mr. Thompson. She said that she knew him better than most due to the large
amount of campaigning they did together. She stated that he was only going to do one term and he
was in favor of term limits. Ms. Covey asked why they were rushing to get the Charter amended in a
short period of time. She asked what needed to be changed so quickly that it would not wait until the
3
City of Callaway,
Charter Revision
Workshop Meeting,
September 16, 2013
2016 election so they could do a well thought out amendment. She wanted to know if there was
something going on that is being withheld from the citizens. She referred to the article in the
newspaper today by Mayor Abbott where he indicated that there were about six changes to the Charter
which would
be
the
starting
point
for discussions. One of the changes he referred to was the financial
duties of the City Clerk. She said his opinion is that since they have a Finance Director and audit
service that presently the financial duties of the City Clerk is to provide financial information to the
City Manager. She said he further stated that the City Clerk does not handle money on a daily basis.
She asked what has changed since the most recent City Clerk( prior to City Manager Collins) did
handle utility receipts on a daily basis to help the utility department. She stated in a recent meeting the
Assistant to the Finance Director told them the recent City Clerk helped them a lot in that area. She
further stated that those duties were delegated to the Records Clerk and Assistant to the Finance
Director upon the resignation of the recent City Clerk. She said it was her understanding that the
previous City Clerk did give the Commission a quarterly financial report. Ms. Covey asked what has
changed. She said the City had a Finance Director and audit service during her employment so what
has changed. Ms. Covey said she researched other cities' Charters where they have City Clerks and
Finance Directors, who is also a Charter Officer and called a Treasurer, the City Clerk was the
Assistant Treasurer. She told Mayor Abbott that he had said the citizens had told the City Commission
the current Charter could be interpreted as putting a substantial amount of financial responsibility
under the City Clerk position. She said he failed to state that the citizens have requested and
recommended that the Finance Director be made a Charter Officer in addition to the City Clerk in this
Charter amendment. She stated that appears to have been omitted. Ms. Covey said she had researched
many Charters from other cities and their Charters spell out the important position of City Clerk as a
Charter Officer and as a conduit to both the citizens and elected officials that make up the
Commission. She said the tone of the Commission since the last City Clerk resigned is that the City
Clerk position is of no importance. She asked again what has changed. She stated he had glorified the
last City Clerk and that she was a great loss to the City. She asked if this was because he doesn' t have
any input now.
Jim Jennin s, 7514 Sara Lane, Callaway, FL, told the Commission that he would not want to be in
their seats because it doesn' t matter what they do, someone is not going to be against them. Mr.
Jennings said he knew Mr. Thompson also and that he wasn' t here when he was challenged by Mike
Jones to run for election, which he did. He urged them not to rush through changing the Charter. He
stated he would like to see three Charter Officers. He said before they had a City Manager that seemed
to have all the power and everyone was afraid of her. He stated he would hate to see us get back into
that type situation again. He told the " God Bless" them and to please do not run through this Charter.
Charles Griffin, 5412 E. Hi hway 22, Callaway, FL, stated he would like to contribute in a positive
way to Callaway. He said he' s proud to be a citizen of Callaway and wanted to commend them for the
good things he sees in the newspaper. He stated he remembered when there was fighting and all types
of negativity was going on. He said a Workshop is not a final draft, it' s where they all get together to
discuss the positives and negatives of a situation. He commended the Commission for taking the City
forward from 1996 to 2013. He said everyone is getting up and arguing about little things here and
there when they have demons to chase elsewhere. Mr. Griffin stated he read in the newspaper a week
or so ago about Bay County and how well the water treatment plant is running while they are raising
water rates on all of the municipalities who depend on them for water. He said Bay County is robbing
citizens of millions and millions of dollars and he would be glad to sit down and show them how
they' re doing it. He thanked City Manager Collins for taking the City from bankruptcy to a future tliat
looks pretty good for his grandchildren. He said for them to keep moving forward. He stated he has
been in a Commissioner' s seat and that it' s a lot easier to point a finger from the audience to them than
4
City
of
Callaway,
Charter Revision
Workshop Meeting,
September 16, 2013
it is to point one from there because everything they say will be put into the newspaper. He said he
believes this Commission Room is
where
they
should
discuss
things as
human beings. He stated he is
living proof that an elected official can be term limited because he was. He thanked them again and
said they are doing a marvelous job. He said these changes are not cast in stone that is done when it' s
voted on in April.
Janice Jennin s, 7514 Sara Lane, Callaway, FL, said she wanted to reiterate what some of the citizens
have already said. She said they do not need to rush into changing the Charter. She stated that if they
change a few things now that they will be confusing the citizens. She also said she hated to dispute
their words but she was in a lot of ineetings with Mr. Thompson and he definitely wanted term limits.
She said they talked frequently about having two term limits. She said she agreed with Commissioner
DeLapp that it needs to be more than one term. She stated if someone has been in office eight years
and they have not accomplished what they wanted then something' s not right. She again asked the
Commission to not rush into changing the Charter.
Jean Champoux, 621 S. Berthe Avenue, Callaway, FL, said she is going to ask questions but she did
not want answers until she had finished so it would not take away from her time. She said she also
wanted to recommend that the Finance Director be a Charter Officer but she said she is now having
some confused thoughts.
She stated she echoes most of what Ms. Covey said. Mrs. Champoux said
there is a reason why a Finance Director was important and it had to do with accountability,
transparency and checks and balances. She asked that it be discussed thoroughly before they decide
for or against making it a Charter Officer. She asked that the Commission take time to put together a
good Charter and not to just throw it together. She said the one they have now is basically a good one,
but it is ambiguous, misleading, confusing and it has things that need to be changed because of the
things that have changed in our area. She asked the Commission to consider the changes carefully that
they are putting in the Charter because it needs to last a long time. Mrs. Champoux said she would like
to see more input than what is here because they do not have time for a give and take conversation.
She said the Commission needs to get more input however they do it such as phone calls, meetings,
however, but the citizens need to be allowed more input into this situation. Mrs. Champoux' questions
were: she
does
not understand the
Mayor Pro Tem Commissioner
seat succession—
she would like that
explained to her; does the Mayor Pro Tem stand for election after the term he was elected to as a
Commissioner
or when
the Mayor' s term that he is
now
sitting
on expires?
She stated her major
concern is that they take their time and listen to the citizens.
Mayor Abbott explained that the Mayor Pro Tem position is not an elected position. Mayor Abbott
clarified that Mrs. Champoux was referring to the Mayor' s seat. City Attorney Obos stated that as far
as the Commissioners, they will continue to be elected on even years with Wards 1 and 2 coming up
for election in 2014 and then Wards 3 and 4 coming up for election in 2014 and will continue to be
staggered on even years. He said there was no change in the wording with regard to filling vacancies
when they occur. He stated his interpretation when there is a vacancy is the Mayor Pro Tem
temporarily" fills the vacancy until the next regular election( it may or may not be the next Mayor' s
election time). He further stated that whoever runs will be running to fill the vacancv until the next
regularly scheduled Mayor' s election schedule ( with Wards 3 and 4) which will be in 2016 and these
terms will be regular 4- year terms. Whoever wins the election for Mayor in April, 2014 will be filling
the vacancv for 2 years only unti12016.
Mayor Abbott asked if there was anyone else who would like to speak who did not have an opportunity
to complete a Public Participation form. Mr. Shaner asked to speak.
5
City
of
Callaway,
Charter Revision
Workshop Meeting,
September 16, 2013
Ron Shaner, 5711 Kevin Circle, Callawav, FL, stated that regarding term limits he feels too many
times
it' s the
size of
the pocketbook and the special
interest
groups.
He said special interest groups are
a big enemy of the freedoms we enjoy. He said they start throwing mud and all kinds of stuff and the
first thing you know things do not go as they' re supposed to go. He asked the Mayor what defines a
small
city,
where' s
the
line?
Mayor Abbott said maybe Callaway is a big city, he said it was just his
thought. He also said he wasn' t sure if the Charter should deal with it or not but he would like to have
the benefits for the Commission and other employees spelled outJclarified. Mayor Abbott stated that
goes back to State Law and that it' s not a part of the Charter to which Mr. Shaner replied a lot of the
State law gets back to corruption runs deep in/through Tallahassee.
Matt Anderson, 7217 Boat Race Road, Callaway, FL, asked what large amendments were they
proposing other than gender neutrality. He stated he did not see anything other than a little
modification of language that was being recommended. Mayor Abbott explained that at this time it is
just a discussion but in the future it would be a proposal in the form of a Resolution if they get to that
point. He explained that for the sake of discussion to leave everything in there ( revised Charter from
City Attorney Obos). He said after more workshops he' s sure there will be other changes. Mr.
Anderson asked if everyone was familiar with the Charter as it stands and Mayor Abbott stated they
are. Mr. Anderson said with 15, 000 people in the City of Callaway that this is a small city. Mr.
Anderson stated there was something off the topic that he would like to speak about. He asked the
Board and City Attorney Obos if they were aware that the marina gang is paying residential taxes on
commercially zoned property. City Attorney Obos clarified that he was speaking about Bridge Harbor.
Mayor Abbott said taxes are handled through the Property Appraiser' s Office. Mr. Anderson asked if
they do not represent the best interest of the City of Callaway. He then said they need to call Peggy
Brannon and have them ( Bridge Harbor) pay their fair share of property taxes. He stated that' s a
commercial entity and they are not going to pay residential taxes because it' s not residential. City
Manager Collins reminded Mayor Abbott that we are in a Charter Revision Workshop. Mayor Abbott
stated he appreciated Mr. Anderson sharing his information.
Commissioner Otano stated that by no means are they trying to rush through the Charter but the
Charter is only 18 pages long. He said all they are trying to change right now are some of the minor
things right now and the rest of the Charter will remain intact. He stated the City Clerk' s position was
modified to fit her description and he feels that was the biggest change they have discussed. He said
the heart of the current Charter is still intact. Mayor Abbott said the News Herald reporter did call him
and ask him questions on Friday. He said he was not sure how it readout but that was basically the
things he said to her. Commissioner Otano said the citizens have to vote on the changes and if they
don' t want it then they don' t have to vote in favor of it. He said they are just trying to update some of
the smaller things that need changing.
There being no further business, Commissioner DeLapp moved to adjourn the meeting at 6: 50 P.M.
l.tltX 4.
Sandra B. Hirth, City Clerk
6
City
of
Callaway,
Charter Revision
Workshop Meeting,
September 16, 2013
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r
CITY CHARTER
OF
CITY OF CALLAWAY, FLORIDA
ARTICLE I.CORPORATE EXISTENCE, FORM OF GOVERNMENT AND
CHARTER
Section 1. 01 Continuance of Citv as Commission- Manager Form of Government
The City of Callaway, Florida shall continue to be a body politic and
corporate under the name of the City of Callaway, Florida and, as such, shall have
perpetual
succession.
The
City
of
Callaway
shall
hereafter
exist
as
a "
Commission-
Manager" form of government.
Section 1. 02 Description of Carporate BoundarX
The area described in Appendix A of this Charter shall constitute the
corporate boundary of the City of Callaway as of the date of adoption of this Charter.
Such boundary may from time to time be amended as provided for by law.
Section 1. 03 General Powers of Citv
The
City
of
Callaway
shall
have
all
the
governmental,
corporate
and
proprietary powers to enable it to conduct municipal government, perform municipal
functions, and render municipal services as provided by subsection ( b) of Section 2 of
Article 8 of the Constitution of the State of Florida and by Section 166. 021 of the Florida
Statutes and may exercise any power for municipal purposes except as expressly
prohibited
by
law
or
this Charter.
Section 1. 04 Construction
The powers of the City of Callaway shall be construed liberally in favor of
the
City,
limited only
by
the
Constitution,
general
and
special
law,
and
specific
limitations in this Charter.
ARTICLE II. CITY CONIlVIISSION
Section 2. 01 Composition of City Commission
There shall be a City Commission for the City of Callaway which shall be
the governing body of the City and in which shall be vested all corporate and legislative
powers of the City. All legislative powers vested in the City Commission shall be
exercised
by
Ordinance.
Administrative powers as are conferred upon the City
Commission by this Charter shall be exercised by resolution. Internal determinations and
communications from the City Commission may be by motion.
There
commissioners
is
hereby
of which
one (
created
1)
a
City
Commission
to
consist
of
five ( 5)
commissioner shall be elected from each of the four
wards and one ( 1) commissioner to be Commissioner- at- Large who shall be the Mayor.
The Commission shall constitute the governing body with powers as herein provided to
pass ordinances, adopt resolutions, appoint a chief administrative officer to be known as
the "
City
Manager"
and to exercise all other powers herein provided or otherwise
accepted except as expressly prohibited by the law or this Charter.
Section 2. 02 Terms of Office
Commissioners. The term of office for each City Commissioner
a)
shall
be four ( 4)
Commissioner
years
shall
and
take
until
office at
his/ her
the
successor
beginning
of
is
duly
the
first
elected
and
qualified.
regular or special
Each
meeting
of
the
City Commission following
his/ her
The terms of office to City
election.
Commissioner elected from Wards 1 and 2 shall continue to follow the terms of office of
City
Commissioners
elected
from Wards
1
2.
and
The terms of office of City
Commissioner elected from Wards 3 and 4 shall continue to follow the terms of office of
City Commissioners
elected
from Wards 3
and
4.
Terms shall be staggered so that two
2) Commissioners shall be elected at each biannual election of the City.
b)
until
his/ her
Mayor.
is
successor
duly
The term of office for Mayor shall be four ( 4) years and
elected and qualified.
The Mayor shall take office at the
beginning of the first regular or special meeting of the City Commission following his
her election.
Section 2. 03 Vacancies, Filling of Vacancies
A. Vacancies
The position
of an
elected official
shall become vacant in
accordance with general law or if an elected official is absent from four ( 4) consecutive
regular commission meetings without being excused by the Commission prior to the
fourth (4th) consecutive absence.
B. Fillin
of Vacancies
1. Mayor. A vacancy in the Mayor's position shall temporarily be
filled by the Mayor Pro tempore until the next regularly scheduled election. At such time
the Mayor Pro tempore shall return to his/ her duly elected office.
2. Commissioners. A vacancy in a Commissioner' s position shall
be filled
by
a
majority
vote of
the remaining
members of
the
Commission
until
the
next
regularly
scheduled election.
In the event two or more persons receive the same number
of votes, such persons shall draw lots to determine who shall fill the vacancy.
3.
Lack
of
Quorum
Due
to
Vacancies.
If at any time the
membership of the Commission is reduced to less than a quorum due to vacancies, the
Governor shall appoint interim Commissioners who shall serve until a special election is
called
by
the Commission and
Commissioners
are elected to
fill
such
vacancies.
The
terms of the Commissioners elected at such time shall be staggered so as to conform to
Section 2. 02 of this Charter. Any person appointed to fill a vacancy must possess all the
qualifications required for elections to such office.
Section 2. 04 Qualifications for Elected Office
Members in the elected offices of the City Commission shall have the
following qualifications:
A.
In addition to all the requirements imposed by State law, elected
officials and candidates for elected office shall be qualified electors of the City.
B. Members elected from wards must have resided for at least thirty-six
36) months immediately prior to the day of the election within the City limits of the City
of Callaway, Florida and at least six ( 6) months immediately prior to the day of the
election within the ward for which they are candidates. The Mayor may reside in any
ward, but must have resided for at least thirty- six ( 36) months immediately prior to the
day of the election in the city limits of the City of Callaway, Florida. A Commissioner
shall forfeit his/ her office if he/ she moves his/ her place of residence from the ward from
which elected. The Mayor shall forfeit his/ her office if he/ she moves his/ her place of
residence
from
within
the
City
limits
of
the
City
of
Callaway,
Florida.
C. The powers and duties of the Mayor and the Commissioners shall be
such as are conferred upon them by the City Commission pursuant to the provisions of
this Charter, and no others.
Section 2. 05 Mavor
The Mayor shall preside at all meetings of the Commission and perform
such other duties consistent with the office as may be imposed by it; and he/ she shall
have a voice and a vote in the proceedings of the Commission, but not veto power.
He/ she may use the title of Mayor in any case in which the execution of legal instruments
of writing or other necessity arising from the general laws of the State shall require, but
this shall not be considered as conferring upon him/ her the administrative or judicial
functions
as a
Mayor
under
the general laws
of
the State.
He/ she shall be recognized as
the official head of the City by the courts for the purpose of serving civil processes, by
the government in the exercise of military law, and for all ceremonial purposes.
Section 2. 06 Mavor Pro Tempore
At its first meeting following each regular election or vacancy the City
Commission shall select from among its members, a Mayor Pro tempore who shall serve
until next
regularly
scheduled election.
The Mayor Pro tempore so chosen, shall, in the
absence or disability of the Mayor, preside over the meetings of the City Commission and
perform all
the
duties
and exercise all
the authorities
of
the Mayor.
In the event of the
absence of the Mayor and Mayor Pro tempore, the Commission shall elect one of its
members as
presiding
officer and
to
perform
the duties
of
the Mayor.
In the event the
Mayor vacates the office, the Mayor Pro tempore shall temporarily fill the office of the
Mayor.
Section 2.07 General Powers of City Commission
All powers of the City shall be vested in the City Commission except
those powers specifically given to the Charter Officers or specifically reserved by this
Charter to the electors of the City.
ARTICLE III.OFFICERS AND EMPLOYEES
Section 3. 01 Designation
The City Manager and City Clerk are designated charter officers.
Section 3. 02 Appointment
The charter officers shall be appointed by the Commission and shall serve
at the pleasure of the Commission subject to the provisions of Section 3. 03 of this
Article.
Section 3. 03 Removal
To remove a charter officer, the Commission shall adopt a preliminary
resolution stating reasons for the intended removal and shall offer the charter officer an
opportunity for a public hearing before the Commission on the matters raised by the
resolution. This preliminary resolution may also suspend the charter officer from duty
immediately with pay. The charter officer must either accept the offer of a public hearing
or
file
a
written
response
within
ten ( 10)
days of the adoption of the preliminary
resolution. Failure to respond shall constitute a waiver of such right and the resolution
shall become final at the expiration of this ten ( 10) day period and the charter officer's
employment
shall
be terminated
on
that date.
If the written response disputes the
allegations of the resolution or a public hearing is requested, a hearing shall be held not
earlier
than
ten ( 10)
days
nor
later than twenty ( 20) days
after
the adoption of the
preliminary resolution, unless agreed to otherwise by the City Commission and the
charter officer. After such public hearing the Commission shall adopt a final resolution of
removal or let the preliminary resolution lapse.
Section
3. 04
City
Manager
-
A
pointment;
Term;
Qualifications
and
Compensation
Prior to the appointment of a City Manager by the City Commission, and
in the absence of an appointed City Manager, all duties and responsibilities of the office
of City Manager, as defined herein, are vested in the City Commission.
A City Manager may be appointed by the City Commission for an
indefinite term and shall serve at the pleasure of the City Commission. A City Manager
shall be chosen solely on the basis of executive and administrative qualifications.
The City Manager shall devote his/her entire time to the duties of the
office of City Manager and shall not directly or indirectly be engaged in any other
business of a public or private character without the approval of the City Commission.
The
City
Manager
shall
receive
such
compensation
as
the City
Commission shall determine.
Section 3. 05 Cit,
ger-
Powers and Duties
The City Manager shall be the chief administrative officer of the City and
shall be responsible to the City Commission for the administration of all City affairs
placed in his/her charge by this Charter or by ordinances of the City. To that end, the City
Manager
shall
have the
following
powers and
duties:
1. To ensure that all laws, provisions of this Charter, ordinances and other
acts
of
the
City
Commission,
subject to enforcement by him/her or by his/her
subordinates, are faithfully executed.
2. To appoint, supervise, discipline, demote, suspend or remove any City
employee
or
appointed
administrative
officer,
except the City Clerk and the City
Attorney, when he/ she deems it necessary for the good of the City, subject to City
ordinances and resolutions.
3. To direct, supervise and be responsible for the administration of all
departments, divisions, offices and positions of the City government, and he/ she may
delegate to subordinate officers and employees those powers which are necessary or
expedient to the proper management, control and function of such departments, divisions,
offices and positions.
4. To attend all meetings of the City Commission unless excused by the
City Commission.
5. To recommend to the Commission for adoption such measures as he/ she
may deem necessary or expedient in the interest of the City.
6. To keep the City Commission fully advised as to the financial condition
and needs of the City and to submit for its consideration an annual budget.
7. To perform such other duties as may be prescribed under this Charter or
as may be required of him/her by ordinance or resolution of the City Commission.
8. To purchase services, supplies, materials and equipment subject to City
ordinances and resolutions; provided that such purchases are otherwise in conformance
with
the requirements of this Charter and general
law.
The
City
shall not
be liable for
any
service,
Commission
supply,
shall
material or equipment furnished to the City unless the City
make
an
appropriation
therefor.
No contract shall be let for the
construction of public improvements except in accordance with the directions of the City
Commission.
9. To sign such contracts, bonds and agreements of the City as required by
this Charter or ordinances of the City or as directed by the City Commission.
10. To be responsible for the collection of all revenues and monies due the
City
and
he/ she
shall maintain proper records of such collections.
He/ she shall have the
authority to disburse funds appropriated by the City Commission and shall maintain
proper records of such disbursements.
11. To maintain a uniform system of accounts in which shall be entered all
financial transactions of the City. He/ she shall establish and require the maintenance of a
uniform system of accounting for each administrative department, division, office or
position of the City, and may audit such accounts at his/ her discretion.
12. To perform such other duties as may be prescribed under this Charter
or as may be required of him/her by ordinance or resolution of the City Commission and
may, if so appointed, perform those duties and exercise the powers of the City Clerk.
13. To designate a qualified City administrative officer to assume and
exercise the powers and duties of his/ her office during his/her temporary absence or
disability.
The
person so selected shall
be designated "
Acting City
Manager."
During the
temporary absence or disability of the City Manager, the City Commission may revoke
such designation at any time and appoint another qualified administrative officer of the
City
to serve as acting
City
Manager
until
the return to
duty
of
the
City
Manager.
Section 3. 06 Citv Clerk - Powers and Duties
b
The City Clerk shall be ex officio the Clerk of the City CommissioriAs
Clerk
the
of
City
Commission, the
Clerk
City
shall
give
otice
of
City
Commission
s
by
as required
meetings
law;
shall
be
present
at all
meetings of
the
City
Commission;
vvv
shall record all proceedings of the City in a journal which he/she shall maintain for such
4
shall
purpose;
establish
regulations
procedures
and
for making the journal
of
City
Commission proceedings available to the public; shall be the official depository for the
2,'6
4,
storage and maintenance of all ordinances, resolutions, motions and documents of the
1' n' `
City
Commission;
shall establish regulations
and procedures
by
which such ordinances,
resolutions, motions and documents of the City Commission shall be made available to
the public; and shall perform such other duties as the City Commission may require.
In addition to his/ her duties as the Clerk of the City Commission, the City
Clerk shall be the official custodian of the City seal and of all official records, documents
and papers of the City and shall perform such other duties as are required of the City
Clerk
by
this
Charter,
state
law,
ordinances of the City or direction of the City
Commission.
The City Clerk shall be appointed by the City Commission and shall hold
office at
the pleasure
of
the
City
Commission.
The compensation of the City Clerk shall
be as determined by the City Commission.
Section 3. 07
City Attorney -
Powers and Duties
The City Commission may appoint a City Attorney who shall serve at the
pleasure of the City Commission and the provisions of Section 3. 03 regarding removal
shall
not
apply.
The
person
appointed
to
fill
the office of
City Attorney
shall
be
an
O('
5
a
attorney
at
law in
good
standing, licensed to
practice
in the State
of
Florida.
The
compensation of the City Attorney shall be as determined by the City Commission.
Nothing contained herein shall prohibit the City from retaining the services of a law firm
for legal representation.
The
City Attorney
shall
represent
the
City,
its
agencies,
boards,
commissions, authorities, officers and employees in all matters relating to their official
duties as directed by the City Commission.
Section 3. 08 Commission- Employee Relationship
Neither the City Commission nor any of its members, either individually
or collectively, shall exercise any authority over any officer or employee of the City
subordinate
to the
City
Manager.
Except as provided in this Charter, neither the City
Commission nor any of its members, either individually or collectively, shall direct or
request or participate in the appointment, discipline, demotion, promotion, suspension or
removal of any administrative officer or employee under the City Manager or his
subordinates. Any inquiry pertaining to any position, function, power or duty of an
administrative officer or employee, shall be directed to the City Manager.
ARTICLE IV.ELECTIONS
Section 4. 01 4ualified Electors
Any citizen of the United States who is a registered elector of Bay County,
Florida, and who resides within the City of Callaway shall qualify as an elector of the
City
of
Callaway.
Section 4.02 Conduct Generallv
A. Except as otherwise specifically provided by this Charter, all elections
held by the City shall be conducted in accordance with all applicable provisions of the
Florida Election Code.
Regular elections for the offices of Mayor and City Commissioner
B.
shall be held on the third Tuesday of April after the third Monday of April of each evennumbered
candidate
candidate
highest
year.
Each
for Mayor
from
candidate
shall
run
each ward and
number of
the
for
City
City- wide.
for
votes cast
Commissioner
run
City- wide.
Each
Electors shall be entitled to vote for one
one candidate
for
shall
for Mayor.
that particular office
The candidate receiving the
shall
be
elected.
In the event
two or more persons receive an equal and highest number of votes for the same office,
such persons shall draw lots to determine who shall be elected to the office.
Section 4. 03 Wards
The City Commission shall by ordinance divide the City into four ( 4)
wards.
The City Commission shall be authorized to amend, by ordinance, the ward
boundaries of the City as needed to meet applicable standards of equal protection and
voters'
rights from time to time, but not during the six month period immediately
preceding the election of a Commissioner from the amended ward.
Section 4.04 Oath of Office
After election or appointment and before taking office, each member of
the Commission or charter officer of the City shall swear or affirm,
I do solemnly swear or affirm that I am duly qualified to
hold office under the Constitution of the State and under
the Charter of the City of Callaway; that I will support,
honor,
protect and
defend the Constitution
and
Government
of the United States and of the State of Florida; and that I
will well and faithfully perform the duties of( title of office)
on which I am now about to enter, so help me God."
ARTICLE V. FINANCIAL PROCEDURE5
Section 5. 01 Fiscal Year
Each fiscal year of the City shall begin on the first day of October and
shall end on the last day of September.
A. Apnropriation Required
No monies of the City shall be disbursed except pursuant to
appropriations as made or amended by the City Commission as reflected in the budget.
B. Pre aration
Prior to September of each year, the City Manager shall prepare
and submit to the City Commission a proposed budget for the ensuing fiscal year. Such
proposed budget shall contain a complete plan for all City funds and financial activities
for the ensuing fiscal year and shall include such details and be in such form as required
by this Charter, state law and the City Commission. The proposed budget shall be posted
upon the City' s official website.
C. Public Hearin Upon Receipt of the Proposed Bud et
The City Commission shall call a public hearing to consider the
criticisms, recommendations and suggestions of the citizens of the City relative to such
proposed budget. In calling such public hearing, the City Commission shall give notice of
the time,
place and purpose of such public
of the proposed
budget
shall
be
hearing
made available
in
for
accordance with state
public
inspection
at
law.
A copy
the office of the
City Clerk for at least one week prior to the date on which the public hearing is
scheduled.
D. Action bv Commission
After completion of the public hearing, the City Commission shall
adopt the budget as submitted or after making such changes and amendments as it deems
necessary for the proper and economical operation of City government. Final City
Commission action on the budget for the ensuing fiscal year shall be completed by
September 30.
E. Amendment After Adoption
The City Commission shall have the power to amend the budget at
any time to utilize excess funds, to increase appropriations, to transfer funds or for any
other purpose.
F. Emerg.encv Expenditures
The City Manager is authorized to expend monies beyond those
provided for in the budget for emergency purchases to procure necessary supplies and
services to handle emergency circumstances which require immediate action for the
protection
of
the health, safety or
welfare
of
the
City
or
a
sector
thereof.
The City
Manager shall exercise such authority only in the manner and within the limits
established by the City Commission and only if a special meeting of the City
Commission is
next
meeting
of
not possible.
the
City
The City Manager shall report any such expenditure at the
Commission,
whether
it be
a regular or special
meeting.
Section 5. 02 DeQosit and Investment of City Funds
The City Commission shall, at its discretion, designate banks or trust
companies
depositories.
City
as
The City Commission may establish rules and
regulations governing deposits and withdrawals and security deposits and other
safeguards
for
City
funds
so
deposited.
Any such depository shall be qualified to accept
and receive public deposits as provided for by law.
All monies collected or received by officers and employees shall be given
to the City Manager or the appropriate officer or employee designated by the City
Manager for deposit in the City depositories.
Any City funds or deposits not currently needed for public purposes may
be invested in
short
term
United States
Bonds,
Treasury
Notes
or
Bills,
or
other
investments as authorized by law.
Section 5. 03 Disbursement of Cit
F nds
City funds shall be withdrawn from City depositories only upon
presentation of checks drawn and signed by the City Manager or such subordinate of the
City Manager as the City Commission may designate or be electronic funds transfers, the
form of such checks and the procedures for such electronic funds shall be as prescribed
by the City Manager, subject to the approval of the City Commission. A countersignature
shall be required on all disbursements.
Section 5. 04 Contracts, Licenses, Permits, Etc
No promise or representation of any kind by any officer or employee of
the City shall be binding upon or enforceable against the City nor create an estoppel, an
implied
contract, or
any
liability
against or upon
the
City,
unless ratified or embodied
in
a
contract, permit, license, approval, consent or other instrument issued pursuant to and in
accordance with an ordinance of the City.
Every contract made by or on behalf of the City shall be in writing,
approved as to form and legality by the City Attorney, approved by the City Commission,
signed by the City Manager and attested by the City Clerk or his designee.
Notwithstanding the foregoing, the City Manager, with attestation by the
City Clerk, is authorized to enter contracts in writing by or on behalf of the City requiring
the expenditure of not more than that certain limit adopted by ordinance or resolution of
the City Commission from time to time; provided that no contract or purchase or the
quantity thereof shall be split for the purpose of avoiding or exceeding the limit set by the
City Commission.
Section 5. 05 Competitive Biddin
A. Required
Except as provided herein no purchase by or on behalf of the City
requiring an expenditure in excess of that limit the Commission may adopt from time to
time by ordinance or resolution shall be awarded, let or made except through competitive
bidding after the advertisement for bids in the form and manner provided by the
resolutions or ordinances of the City. No purchase or the quantity thereof shall be split for
the purpose of
avoiding the
requirements
of
this
Section.
Any
item( s)
sought to be
purchased by the City, which are available on a state purchasing contract, need not be the
subject of competitive
on
any
such
item.
bids.
The provision shall not prohibit the City from seeking bids
B. Purchase on Failure to Receive Bids
When no bids are received and the City Commission determines
that additional requests for bids are unlikely to produce responses, the City Commission
may authorize the purchase, at the best obtainable price, of such products or services as
are available on the open market.
C. Professional Services
Contracts for professional services, including but not limited to
architects, attorneys, accountants, engineers and surveyors, may, upon approval by the
City Commission, be entered into without competitive bidding except as provided for by
general
law.
The City Commission shall review the qualifications, work history and
other relevant data before the contracts for such services are rendered.
ARTICLE VI.CHARTER AMENDMENTS
Section 6. 01 Charter Amendments
This Charter may be amended in accordance with the provisions relating
to Charter Amendments as specified in the Municipal Home Rule Powers Act, Chapter
166, Florida Statutes, or its successor. The form, content and certification of any petition
to amend shall be as established by ordinance.
ARTICLE VII.TRANSITION
Section 7. 01 Continuation
of
Ordinances
All Ordinances in force on the effective date of this Charter, or any
amendment to it, to the extent not inconsistent with this Charter, as amended, shall
remain in force until repealed or amended.
Section 7. 02 Pending Matters
All rights, claims, actions, orders, contracts and legal or administrative
proceedings involving the City shall continue and remain in full force and effect except
as modified pursuant to the provisions of this Charter or any amendment to this Charter
provided such amendment does not unconstitutionally impair rights legally vested.
Section 7. 03Existin R
hts, Obligations, Duties, Relationships and Power.
All right, title and interest in property, uncollected taxes due, claims, judgments,
decrees, liens, suits, actions and choses in action held or owned by the existing City shall
pass
to
and are
hereby
vested
in the
City
as
continued under
this Charter.
All rights,
obligations, duties and relationships now existing by law or agreements between the City
and other governmental units shall be unaffected and shall remain in full force and effect.
No debt or obligation of the City shall be impaired as a result of the adoption of this
Charter or any amendment to it and all such debts and obligations shall pass to and be
binding
upon
the
City,
re- organized
and
continued
by
this Charter.
The powers and
authority existing pursuant to any charter act of the Special Laws of Florida continue in
effect.
Section 7. 04Rights of Officers and Emplovees
Nothing in this Charter, as amended, except as otherwise specifically
provided, shall affect or impair the rights, privileges or immunities of those who are City
officials or employees at
the time
of
the
adoption of
this Charter, or any
amendment
to it.
Elected officials shall continue to hold their offices for the terms prescribed by the
Charter of the City in effect on the date of their election.
Section 7. OSTransition Ordinances and Resolutions.
The City Commission shall adopt such ordinances and resolutions as are
required to effect the transition necessitated by the adoption of this Charter.
Section 7. 06Severabilitv
If any article, section, paragraph, sentence, clause, phrase or word of this
Charter is, for any reason, held or declared by a court of competent jurisdiction to be
unconstitutional or otherwise invalid, such holding or declaration shall not be construed
to affect those portions of this Charter not so held or declared, it being hereby declared to
be the express intent of the citizens of the City of Callaway that any such unconstitutional
or invalid article, section, paragraph, sentence, clause, phrase or word did not induce the
ratification of this Charter and that the remaining constitutional and valid portions of this
Charter would have been ratified without such unconstitutional or invalid portions.
Section 7. 07Effective Date
This Charter shall become effective upon passage if approved by a
majority vote of the electors of the City voting thereon and upon the filing of the same
with the Department of State after such approval.
APPROVED AND ADOPTED by the citizens of the City of Callaway, Florida
voting
by
referendum on
Apri123, 1996.
APPENDIX A
BOUNDARIES OF THE CITY OF CALLAWAY, FLORIDA
N: Kevin\ CALLAWAI' CHARTER\ City Charter- Revised 9- 12- 13. docx
CITY CHARTER
OF
CITY OF CALLAWAY, FLORIDA
ARTICLE I. CORPORATE EXISTENCE, FORM OF GOVERNMENT AND
CHARTER
Section 1. 01 Continuance of Citv as Commission- Manager For n of Government
The City of Callaway, Florida shall continue to be a body politic and
corporate under the name of the City of Callaway, Florida and, as such, shall have
perpetual succession. The City of Callaway shall hereafter exist as a " CommissionManager" form of government.
Section 1. 02 Description of Corporate Boundarv
The area described in Appendix A of this Charter shall constitute the
corporate boundary of the City of Callaway as of the date of adoption of this Charter.
Such boundary may from time to time be amended as provided for by law.
Section 1. 03 General Powers of Citv
The City of Callaway shall have all the governmental, corporate and
proprietary powers to enable it to conduct municipal government, perform municipal
functions, and render municipal services as provided by subsection ( b) of Section 2 of
Article 8 of the Constitution of the State of Florida and by Section 166.021 of the Florida
Statutes and may exercise any power for municipal purposes except as expressly
prohibited
by
law
or
this Charter.
Section 1. 04 Construction
The powers of the City of Callaway shall be construed liberally in favor of
the City, limited only by the Constitution, general and special law, and specific
limitations in this Charter.
ARTICLE II. CITY COMMISSION
Section 2.01 Composition of City Commission
There shall be a City Commission for the City of Callaway which shail be
the governing body of the City and in which shall be vested all corporate and legislative
powers of the City. All legislative powers vested in the City Commission shall be
exercised
by
Administrative powers as are conferred upon the City
Ordinance.
Commission by this Charter shall be exercised by resolution. Internal determinations and
communications from the City Commission may be by motion.
There is hereby created a City Commission to consist of five ( 5)
commissioners of which one ( 1) commissioner shall be elected from each of the four
wards and one ( 1) commissioner to be Commissioner- at- Large who shall be the Mayor.
The Commission shall constitute the governing body with powers as herein provided to
pass ordinances, adopt resolutions, appoint a chief administrative officer to be known as
the " City Manager" and to exercise all other powers herein provided or otherwise
accepted except as expressly prohibited by the law or this Charter.
Section 2. 02; Fenns of Office
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C; itv
rhe
C< mn ission
toll<3tivin
f iciher
f•om Ward, 1
and ' ;
T}ie
electici i
tenns
cf
office
to
C
y
C< a
i ni
sioner cl
cted
C itc Commissioners
elected
from 1'
ar<Is
hall
I
c< niinue
to follo
tl e terinc of 5ffice ot
The ter zav of office vf t' itv
and ?
Co Yatnissioner electe l f• n W rcls 3 nd 4 sfi•31l rnn inE e tr> f llr e t1 e tent s E> f off ice> f
Cit
Cuinr» i;
l C: om
uis3rieis ule
ui4sioners shail
bl
t ntii
t
e;
hi lh
iririin{
su
i
oY
c
h1
ssor
ted
froiri t'' ardti
e eiectec( at ea
or.
is cluly
The
•
cid=
t
Tertn;
li biaxarivai
Icctc;d
and
thc f' irtit rc: ular o- sperial
ua(
electiou af
for
terzn o# oifice
itied
zncaetirig
c
E ali ( e ; tag>ereel o tti•st ha a
tay or
ShalI
1' he ti1a,
f th
Cl e
t r
City
Coi
be four ()'
h•zll t• ike
C' itv Carnini
sion
offici; at
f<liowii
the
his
hc:r e( ection.
Section 2. 03 Vacancies. Fillin of Vacancies
A. Vacancies
The position of an elected official shall become vacant in
accordance with general law or if an elected official is absent from four( 4} consecutive
regular commission meetings without being excused by the Commission prior to the
fourth( 4th) consecutive absence.
B. Filling of Vacancies
1. Mayor. A vacancy in the Mayor's position shall temporarily be
filled by the Mayor Pro tempore until the next regularly scheduled election. At such time
the Mayor Pro tempore shall return to hisiher duly elected office.
2. Commissioners. A vacancy in a Commissioner's position shall
be filted
by
a
majority
vote of
the
remaining
members of the
Commission
until
1
e` u'__....._
s.
the
next
1n` j
q `
9s
i
r
regularly
scheduled election.
In
e event two or more persons receive the same number
of votes, such persons shall draw lots to determine who shall fill the vacancy.
3. Lack of Quorum Due to Vacancies. If at any time the
membership of the Commission is reduced to less than a quorum due to vacancies, the
Governor shall appoint interim Commissioners who shall serve until a special election is
called
by
the Commission and Commissioners
are
elected
to
fill
such
vacancies.
The
terms of the Commissioners elected at such time shall be staggered so as to conform to
ISectiotl?.-!1__' of this Charter. Any person appointed to fill a vacancy must possess all the ,
qualifications required for elections to such office.
Section 2. 04 Oualifications for Elected Office
Members in the elected offices of the City Commission shall have the
following qualifications:
A. In addition to all the requirements imposed by State law, elected
officials and candidates for elected office shall be qualified electors of the City.
B. Members elected from wards must have resided for at least thirty- six
36) months immediately prior to the day of the election within the City limits of the City
of Callaway, Florida and at least six ( 6) months immediately prior to the day of the
election within the ward for which they are candidates. The Mayor may reside in any
ward, but must have resided for at least thirty-six ( 36) months immediately prior to the
day of the election in the city limits of the City of Callaway, Florida. A Commissioner
shall forfeit his/( er office if helslie moves hislher place of residence from the ward from
which elected. The Mayor shall forfeit hisil er office if he; tte moves his(her place of
residence
from
within
the
City
limits
of
the
City
of
Callaway,
Florida.
.
C. The powers and duties of the Mayor and the Commissioners shall be
such as are conferred upon them by the City Commission pursuant to the provisions of
this Charter, and no others.
Section 2. 05 Mayor
The Mayor shall preside at all meetings of the Commission and perform
such other
duties
consistent with
f}eoffice
as
may be imposed
by
it;
and
heltihe
shall
have ,
a voice and a vote in the proceedings of the Commission, but not veto power. He;'si e may
use the title of Mayor in any case in which the execution of legal instruments of writing
or other necessity arising from the general laws of the State shall require, but this shall
not be considered as conferring upon him/ hcr the administrative or judicial functions as a
Mayor
under
the
general
laws
of
the State.
He/ slie shall be recognized as the official
head of the City by the courts for the purpose of serving civil processes, by the
government in the exercise of military law, and for all ceremonial purposes.
Section 2. 06 Mayor Pro Tem ore
At its first meeting following each regular election or vacancy the City
Commission shall select from among its members, a Mayor Pro tempore who shall serve
until next regularly scheduled election. The Mayor Pro tempore so chosen, shall, in the
absence or disability of the Mayor, preside over the meetings of the City Commission and
perform all the duties and exercise all the authorities of the Mayor. In the event of the
absence of the Mayor and Mayor Pro tempore, the Commission shall elect one of its
members as presiding officer and to perform the duties of the Mayor. In the event the
Mayor vacates the office, the Mayor Pro tempore shall temporarily fill the of6ce of the
Mayor.
s. `
Section 2. 07 General Powers of City Commission
All powers of the City shall be vested in the City Commission except
those powers specifically given to the Charter Officers or specifically reserved by this
Charter to the electors of the City.
ARTICLE III.OFFICERS AND EMPLOYEES
Section 3. 01 Desi nation
The City Manager and City Clerk are designated charter officers.
Section 3. 02 Apaointment
The charter officers shall be appointed by the Commission and shall serve
at the pleasure of the Commission subject to the provisions of Section 3. 03 of this
Article.
Section 3. 03 Removal
To remove a charter officer, the Commission shall adopt a preliminary
resolution stating reasons for the intended removal and shall offer the charter officer an
opportunity for a public hearing before the Commission on the matters raised by the
resolution. This preliminary resolution may also suspend the charter officer from duty
immediately with pay. The charter of cer must either accept the offer of a public hearing
or file a written response within ten ( 10) days of the adoption of the preliminary
resolution. Failure to respond shall constitute a waiver of such right and the resolution
shall become final at the expiration of this ten ( 10) day period and the charter officer's
employment
shall
be
terminated
on
that date.
If the written response disputes the
ailegations of the resolution or a public hearing is requested, a hearing shall be held not
earlier
than
ten (
10) days
nor
later than twenty ( 20) days
after
the adoption of the
preliminary resolution, unless agreed to otherwise by the City Commission and the
charter officer. After such public heazing the Commission shall adopt a final resolution of
removal or( et the preliminary resolution lapse.
Section
3. 04
City
Appointment:
Manager -
Term;
Qualifications
and
Compensation
Prior to the appointment of a City Manager by the City Commission, and
in the absence of an appointed City Manager, all duties and responsibilities of the office
of City Manager, as defined herein, are vested in the City Commission.
A City Manager may be appointed by the City Commission for an
indefinite term and shall serve at the pleasure of the City Commission. A City Manager
shall be chosen solely on the basis of executive and administrative qualifications.
IThe City Manager shall devote his/ ller entire time to the duties of the
office of City Manager and shall not directly or indirectly be engaged in any other
Ibusiness
of a public or private character w
ixi
aiit
the ap
roval c
f the C' it• Cumnu
ion.
The City Manager shall receive such compensation as the City
Commission shall determine.
Section 3. 05 Cit
Manager- Powers and Duties
The City Manager shall be the chief administrative officer of the City and
shall be responsible to the City Commission for the administration of all City affairs
Iplaced in his( hcr charge by this Charter or by ordinances of the City. To that end, the City
Manager
shall
have the
following
powers and
duties:
eteae= i `•
L To ensure that all laws, provisions of this Charter, ordinances and other
Iacts of the City Commission, subject to enforcement by himihex or by hisfher
subordinates, are faithfully executed.
2. To appoint, supervise, discipline, demote, suspend or remove any City
employee or appointed administrative officer, except the City Clerk and the City
IAttorney, when he/ 5lie deems it necessary for the good of the City, s bject to City
ordinances and resolutions.
3. To direct, supervise and be responsible for the administration of all
Idepartments, divisions, offices and positions of the City government, and he{she may
delegate to subordinate officers and employees those powers which are necessary or
expedient to the proper management, control and function of such departments, divisions,
offices and positions.
4. To
attend all
meetings of
the
City
Commission
ix
less
excu
ecl
h
the _
itv C' an missi.
5. To recommend to the Commission for adoption such measures as heislie
may deem necessary or expedient in the interest of the City.
6. To keep the City Commission fully advised as to the financial condition
and needs of the City and to submit for its consideration an annual budget.
7. To perform such other duties as may be prescribed under this Charter or
Ias may be required of himther by ordinance or resolution of the City Commission.
8. To purchase services, supplies, materials and equipment subject to City
ordinances and resolutions; provided that such purchases are otherwise in conformance
with
the
requirements of
this
Charter
and general
law.
The
City
shall
not
be liable for
u.
any service, supply, material or equipment furnished to the City unless the City
Commission
shall
make
an
appropriation
No contract shall be let for the
therefor.
construction of public improvements except in accordance with the directions of the City
Commission.
9. To sign such contracts, bonds and agreements of the City as required by
this Charter or ordinances of the City or as directed by the City Commission.
10. To be responsible for the collection of all revenues and monies due the
ICity and helshe shall maintain proper records of such collections. He/ she shall have the
authority to disburse funds appropriated by the City Commission and shall maintain
proper records of such disbursements.
I t. To maintain a uniform system of accounts in which shall be entered all
Ifinancial transactions of the City. Het hc shall establish and require the maintenance of a
uniform system of accounting for each administrative department, division, office or
Iposition of the City, and may audit such accounts at hisiher discretion.
12. To perform such other duties as may be prescribed under this Charter
Ior as may be required of him/f er by ordinance or resolution of the City Commission and
may, if so appointed, perform those duties and exercise the powers of the City Clerk.
13. To designate a qualified City administrative officer to assume and
Iexercise the powers and duties of his/ her office during hist(
ier temporary absence or
disability.
The
person so selected shall
be designated"
Acting City
Manager."
During the
temporary absence or disability of the City Manager, the City Commission may revoke
such designation at any time and appoint another qualified administrative officer of the
City
to
serve as
acting
City
Manager
until
the
return
to
duty of
the
City
Manager.
Section 3. 06 City Clerk- Powers and Duties
he
l
rk
meetings,
s
C«
City
tt e
of
Clerk
City
required
he
shall
it
irt ist<>>
i
the (
by
law•
he
sha11
CILrk
rfficio thc
ex
C` lerk
pre
sha11
ent at a)
thi, C'
of
eive
notice
1 naeetin
t'
3inmi„
C'
ity
of
n
issi{
i
mti
shall r•ec rd a! 1 gr«ceediri s u F the City in a j{ urnal vhich he/ st e tihall maintain t'{ r
pt rt o e;
Coru
sh<aff
estabti5li
e
ulations
r3issian proceedings avallable
stcxrarre
and
iau
c. na ice «
F
all
nci
to
d
e
tc c
diu es fc
Ecira«
n
rh
n
rl
-
_. -
d--
uetete,
ttrc
xs,,
De eteEta.
na
s iall
ordinances, resolutions,
lish
estat
jc,urnal of Cit
mc tic} ris
f Ihc; , -
and tiocuments
ewt
ri
irfct
bv
rocedure
hich
is
tf
s
usuc
pep
Cky#
Sa.ret=
ulati
tai;
utd
f h
sycks,g 6 tii d
C.itv Corrizriis ic>n;
s
hall be tt e o#fici• l depositc>rti- 1' or 11 e
xblic
p
r
q, _ _,-- D ebed; :.
u, n
t miY
f the E' itv C' f
r
s
it
aanen ieeae.
ordia zsice
mp
i ea aft.
orhis
o
y ',.
t cu
d;anc',_ '
ctia..
resotutioris, mc tioiis atid
docuirieaits
the public: and shall perform such other
I7z_
C' itv Conunission
Ch
of
duties
his/ her ti tie
ciciitii>n to
a;
as,
U
e
shall
lie City C: on
C' ierk
i>f the
n
be
i ssion
City Cc
itiade
ivail•zt
f' the C' itv
t ap r•s
lerk
by
tt
is
C']
1lrter
and ;
ii3tl
tate
erf
diitie;
siich > ther
rm
law < r linan.
es
of
the
by
the
C. itv
a;
peHe
mati reyuire
m ni,
iurx the
Clerk haU be the ot ficia( c Gttodian caf' the C, itv sa il a 3d of all citficial recc rcl
and
Cit
clii•ectic n
ads
at.
c,
armasned: I
FSr.
e; "
dt cuine its
ti•e reyiiired nf' tfTe {'
cir
att eerGi y
le to
c
f
it
C' itv
tli
-
Defeee" o uy e.
Commission.
The
City
Clerk
shall
be
appointed
I
City
Commission
and shall
hold
a
a .,.
u
au
an€ nr ;
FaYmentol rttc ey bY d c Caty: sh S
acc
office at the pleasure of the
City
Commission. The
compensation of the
City
Clerk
shall
m
acca
sa
u a.
ofalCt
a,
a
es
a
the mmiciEalitY' aad stfalE I ep
be
as
determined
by
the
City
umao uy a t c cy c
shall
submik
co
te
tb
and
t!
City
appoint a
City Attorney
who shall serve at
the
ur
a
ycoc uyin
c:
a
u
e
atTaiFa ut't1 s icy, fiunisi fing h9
pleasure of the
shall
not
apply.
City
Commission
The
person
and
the provisions
appointed
to
fill the
of
Section 3. 03 regarding
office of
City Attorney
removai
shall
be
an
m€ss;on i .
ity Gommission 6 q mrks a '
siae pcut suveri tS the';.
cr y.
Commission may
ny,
ta
accurata accqmt
Q `
Commission.
Section 3. 07 City Attorney- Powers and Duties
The
ep a t
asssssmasts aaFt ati
ra
a
u
w, t;
r c
d,
sush estin alrs
s
tm e a
at
uut
co
w a aern pe rt revenue nx a cy w be ra d eacn:
attorney
at
law in
good
standing, licensed to
practice
in the State
of
Florida.
The
compensation of the City Attorney shall be as determined by the City Commission.
Nothing contained herein shall prohibit the City from retaining the services of a law firm
for legal representation.
The
City Attorney
shall
represent
the
City, its agencies, boards,
commissions, authorities, officers and employees in all matters relating to their official
duties as directed by the City Commission.
Section 3. 08 Commission- Emplo
e Relationship
Neither the City Commission nor any of its members, either individually
or collectively, shall exercise any authority over any officer or employee of the City
subordinate
to the
City
Manager.
Except as provided in this Charter, neither the City
Commission nor any of its members, either individually or collectively, shall direct or
request or participate in the appointment, discipline, demotion, promotion, suspension or
removal of any administrative officer or employee under the City Manager or his
subordinates. Any inquiry pertaining to any position, function, power or duty of an
administrative officer or employee, shall be directed to the City Manager.
ARTICLE IV.ELECTIONS
Section 4.01 Oualified Electors
Any citizen of the United States who is a registered e( ector of Bay County,
Florida, and who resides within the City of Callaway shall qualify as an elector of the
City
of
Callaway.
Section 4. 02 Conduct Generallv
A. Except as otherwise specifically provided by this Charter, all elections
held by the City shall be conducted in accordance with all applicable provisions of the
Florida Election Code.
B. Regular elections for the offices of Mayor and City Commissioner shall
be held
hird
the
on
of . 4pril
Tuesday
after
ttird
the
P
Monday, s
t sc
t\ pril of eacka even . .
oeieted:,
Each
year.
numbered
candidate
for
hall
Commissioner
City
run
C' itv-
ti
icte. }
a:
ach
z,
,,;
the
cariilidate
for Mayor
candidate
rom each ward and
un
shall
Cit,
p p;
e
e''
C
a£
ISiet lay ofavery
Lilc:ctors shall be entitled to vote for one
wide.
a, lUeds i ekcaIXt az tsrga.' llteeteccas',
for
one candidate
for Vlayor._ The
candidate
r
receiving the
oe
of
Q
t cueaff
• ''
a€ ' .
'
highest number of the votes cast for that particular office shall be elected. In tti evcrit
t« o or nu re } er, n; r ceive an equal arid hi; he t i un her c> f v« tes f a the came i tfice
i• onS
uch
hsll dra
v
Ic7ts to deter
io; h<ill b
ine«
7
elected t« the office.
Section 4. 03 Wards
The City Commission shall by ordinance divide the City into four ( 4)
wards,,The
l
vuc
daries
(
t ('
ot
si
on nu
the
n
be ,
shall
uTl«
ri
ed
t
amzncl
l
v
orclinance
the ,
ard
,
ne ede
s
a
rjee
3ed ie
ineet
plicabla
e
a,a
tandard5 of eqiial pr tecti n an 3 ` .
beE
ti°< terti
ece
ai rht
3iri; the(
fr
En
tiraie
tic n<
f
a
to
t rue
but
Ce} mmiss<
nat
ner
clurari
fr< rn the
the , six
munde
l
7 onth
i, er
ocl
imn ecEiatelv
ward.
eks[ed euctsern fur a pzaiod at fax(4y
yearsan w tt
qualifte
f. Ti,
etectcd
w t
irsna
their e
Section 4., i= 0ath
of
ss aes.+orism tyekc
o
ts
d
d s ve fa a peaiud Qf tot 4? Y
aaamw i
yct«
s ori
shall ti
i, t
d sodrar two ta)
sta
C011 fi166t0}YIS&
er aaac=..
Office
E
ss#181} b'
geammissi
1GC tCk+t
Ed
b18itl1118':.
u« x" ;
c, y.
After election or appointment and before taking office, each member of
Deil
the Commission or
charter officer of
the
City
shall swear or affirm,
e
cisaug C
nuco
0lt batlt t Ssiy
I do solemnly swear or affirm that I am duly qualified to
hold office under the Constitution of the State and under
the Charter of the City of Callaway; that I will support,
honor,
protect and
defend the Constitution
and
Government
x; s6ati
sionc.
eicapt ashereiu
s, ;
tahc ot'
ix lU¢
ce at:
oa:
of the United States and of the State of Florida; and that I
will well and faithfully perform the duties of( title of office)
on which I am now about to enter, so help me God."
ARTICLE V. FINANCIAL PROCEDURES
Section 5. 01 Fiscal Year
Each fiscal year of the City shall begin on the first day of October and
shall end on the last day of September.
A. Aparopriation Required
No monies of the City shall be disbursed except pursuant to
Iappropriations as made or amended by the City Commission as ref(eeted in the hud Tet.
B. Preparation
I
rior to Se t
li er of ach year, the City Manager shall prepare
and submit to the City Commission a proposed budget for the ensuing fiscal year. Such
proposed budget shall contain a complete plan for all City funds and financial activities
for the ensuing fiscal year and shall include such details and be in such form as required
by
this Charter,
upun tiae
Citv'
state
law
s otficial
and the
City
Commission.. The
ro>
sed hu l et shal( I_7e? a; tecl
ebsite.
C. Public Hearin
U on Receipt of the Proposed BudQet
The City Commission shall call a public hearing to consider the
criticisms, recommendations and suggestions of the citizens of the City relative to such
proposed
budget. In calling
the time, place and
such public
hearing,
purpose of such public
the
hearing
City
n
Commission
accorJa ice
u?e)
shall give notice_of_.
witli ,
tate
la.
A copy
-
D
brt
general cirr,
iatic a
r-
i'
aithirt
tha
StY; or b}` P
8
tlgc Chy HaJk retd twu Fucatwna desi8t? t d bY the^
of
the proposed
budget
shall
be
made available
for
public
inspection
at
the offi e of the
c
ryco€
se
v `
t
City Clerk for at least one week prior to the date on which the public hearing is
scheduled.
D. Action by Commission
After completion of the public hearing, the City Commission shall
adopt the budget as submitted or after making such changes and amendments as it deems
necessary for the proper and economical operation of City government. Final City
Commission action on the budget for the ensuing fiscal year shall be completed by
September 30.
E. Amendment After Adoption
The City Commission shall have the power to amend the budget at
any time to utilize excess funds, to increase appropriations, to transfer funds or for any
other purpose.
F. Emergencv Expenditures
The City Manager is authorized to expend monies beyond those
provided for in the budget for emergency purchases to procure necessary supplies and
services to handle emergency circumstances which require immediate action for the
protection
of
the
health, safety
or
welfare
of
the
City
or
a
sector
thereof.
The City
Manager shall exercise such authority only in the manner and within the limits
established by the City Commission and only if a special meeting of the City
Commission is not possible. The City Manager shall report any such expenditure at the
next
meeting
of
the
City
Commission,
whether
it be
a regular or special
meeting.
Section 5. 02 DeQosit and Investment of City Funds
The City Commission shall, at its discretion, designate banks or trust
companies as City depositories. The City Commission may establish rules and
regulations governing deposits and withdrawals and security deposits and other
safeguards for City funds so deposited. Any such depository shall be qualified to accept
and receive public deposits as provided for by law.
All monies collected or received by officers and employees shall be given
to the City Manager or the appropriate officer or employee designated by the City
Manager for deposit in the City depositories.
Any City funds or deposits not currently needed for public purposes may
be invested in short term United States Bonds, Treasury Notes or Bills, or other
investments as authorized by law.
Section 5. 03 Disbursement of City Funds
City funds shall be withdrawn from City depositories only upon
presentation of checks drawn and signed by the City Manager or such subordinate of the
City Manager as the City Commission may designate, c r be electra ic tunds transfert, the . . ':: ;„
f rrn vf Such checks and tl e pr} cedures i r sut•la ele t onie f u c( sl all be a nresuribee
bv the Citv Mana c r, stEi je t to the a
ro al<' 1 the Citv Cc n 3nissiun. A countersignature
shall be required on all disbursements.
Section 5. 04 Contracts. Licenses, Permits. Etc
No promise or representation of any kind by any officer or employee of
the City shall be binding upon or enforceable against the City nor create an estoppel, an
implied
contract, or
any
liability
against or upon
the
City,
unless ratified or embodied
in
a
contract, permit, license, approval, consent or other instrument issued pursuant to and in
accordance with an ordinance of the City.
Every contract made by or on behalf of the City shall be in writing,
approved as to form and legality by the City Attorney, approved by the City Commission,
signed by the City Manager and attested by the City Clerk or his designee.
N t
i
ithst<mdins
the
tore+ oinL the Citv 14laz
City C' lerk is autliorirett to enter contract, in writiia
a:: er, ;
Citv
c uantit
Cc
irunissi
i ( ro ri tin
attestatio}
v the
b or on bel alf ol' tlie C,ilv ret uirir
the ex ciaditurL oi i ot m« re diar that certain liruit sdo ted L v
the
ith
rtiin irice
r resol tic l of
to time; pro ided tlial no c' ritract or purcliasc or tile
hcrec f( ial( l e split Yur the p Erposc f avoidin T or ex4eedi ig t(fe ii riit set b- th
Citv C m missio i.
Section 5. 05 Competitive Biddin
A. Required
Except as provided herein no purchase by or on behalf of the City
requiring an expenditure in excess of that limit the Commission may adopt from time to
time by ordinance or resolution shall be awarded, let or made except through competitive
bidding after the advertisement for bids in the form and manner provided by the
resolutions or ordinances of the City. No purchase or the quantity thereof shall be split for
the purpose of avoiding the requirements of this Section. Any item( s) sought to be
purchased by the City, which are available on a state purchasing contract, need not be the
subject of competitive bids. The provision shall not prohibit the City from seeking bids
on any such item.
I
B. Purchase on Failure to Receive Bids
When no bids are received and the City Commission determines
that additional requests for bids are unlikely to produce responses, the City Commission
may authorize the purchase, at the best obtainable price, of such products or services as
are available on the open market.
Professional
IC.
Services
Contracts for professional services, induding but not limited to
architects, attorneys, accountants, engineers and surveyors, may, upon approval by the
City Commission, be entered into without competitive bidding except as provided for by
general
law.
The City Commission shall review the qualifications, work history and
other relevant data before the contracts for such services aze rendered.
ARTICLE VI. CHARTER AMENDMENTS
Section 6. O l Charter Amendments
This Charter may be amended in accordance with the provisions relating
to Charter Amendments as specified in the Municipal Home Rule Powers Act, Chapter
166, Florida Statutes, or its successor. The form, content and certification of any petition
to amend shall be as established by ordinance.
ARTICLE VII.TRANSITION
Section 7. 01 Continuation
of
Ordinances
ne eta '
All Ordinances in force on the effective date of this Charter, c 3 a3iv
ainendment
to
it, to the
extent
inconsistent
not
with
xhis
Charter,
as
am
ndea,
or efieektc '
shall ,.-
remain in force until repealed or amended.
Section 7. 02,
I
All
Matters
endin
rights,
orders,
actions,
claims,
contracts
and
legal
or
c
sa et
efftcriva:
nEthis£:6ac er: axcepfthasa ,
ebe
coeato
as modified pursuant
the
City
to the
shall continue and remain
this Charter
provisions of
c vidcd such an ndrnerit It>es
Section 7 Y). iExistin
in full force
or ar;
x ec
dn
s
and effect except
ertt ta tla:
Ckzarter
t t unconstitutiorE illti' i npair ritT} tts le tallv ' e, ted.
Ri hts, Obli
ations.
Duties. Relationshi
s and
Power. _ _ _
o
All right, title and interest in property, uncollected taxes due, claims, judgments,
decrees, liens, suits, actions and choses in action held or owned by the existing City shall
pass to and are hereby vested in the City as continued under this Charter. All rights,
obligations, duties and relationships now existing by law or agreements between the City
and other governmental units shall be unaffected and shall remain in full force and effect.
No debt or obligation of the City shall be impaired as a result of the adoption of this
ICharter ur at v ail encirnerit to ie and all such debts and obligations shall pass to and be
binding
upon
the
City,
re- organized
and
continued
by
this Charter.
The powers and
authority existing pursuant to any charter act of the Special Laws of Florida continue in
effect.
Section 7;} aRi hts of Officers and Emplo
_
Nothing in this Charter, as amen led, except as otherwise specifically
provided, shall affect or impair the rights, privileges or immunities of those who are City
Iofficials
or employees at the
t,on?''
time
of
the
adoption of
this
Charter,. or<<n
amendinent
t<
it.
-
l. '
eted: oa'
n u,,
a as tt Gity of Cathwa7{, Ftarida.
a e 6eecA!" Tepeatatq
involving
Cr{
td, ow
m` wt.
administrative
e,apor tion ku
proceedings
r, s
r Au
u
Elected officials shall continue to hold their offices for the terms prescribed by the
Charter of the City in effect on the date of their election.
ISection
7.S): iTransition Ordinances
and
Resolutions.
a
r
The City Commission shall adopt such ordinances and resolutions as are
required to effect the transition necessitated by the adoption of this Charter.
Section
I
7K} 6Severabilitv
o
be
cr:
If any article, section, paragraph, sentence, clause, phrase or word of this
Charter is, for any reason, held or declared by a court of competent jurisdiction to be
unconstitutional or otherwise invalid, such holding or declaration shall not be construed
to affect those portions of this Charter not so held or declared, it being hereby declared to
be the express intent of the citizens of the City of Callaway that any such unconstitutional
or invalid article, section, paragraph, sentence, clause, phrase or word did not induce the
ratification of this Charter and that the remaining constitutional and valid portions of this
Charter would have been ratified without such unconstitutional or invalid portions.
ISection
7,{) 7Effective Date
__
_
This Charter shall become effective upon passage if approved by a
majority vote of the electors of the City voting thereon and upon the filing of the same
with the Department of State after such approvaL
APPROVED AND ADOPTED by the citizens of the City of Callaway, Florida
voting
by
referendum on
Apri123, 1996.
oeieoe u:
APPENDIX A
BOUNDARIES OF THE CITY OF CALLAWAY, FLORIDA
v
I
ti`,.K.;
itt\ Cr LL:\\',\
Y`•,
C' t1
R' T'L: R1C: in- Chartcr.. Kc iscdq_t_'
I;.
deck
OaieGat
r
l Tc1WILLtAMiGity HARTERlCHt1RT
o msr, ia:o
a