Laserfiche WebLink
<br />BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. <br />Two Landmark Center <br />225 E. Robinson Street, Sl/ite 660 <br />Orlando, FL 32802 <br />(407) 425-9566 <br />(407) 425-9596 facsimile <br /> <br />MEMORANDUM TO: <br /> <br />Barbara Lipscomb, City II/anager & <br />City Coml/lissiol/, City of Casselberry <br /> <br />FROM: <br /> <br />Catherine D. Reisclmwnn, City Attomey <br /> <br />RE: <br /> <br />City Administration <br /> <br />DATE: <br /> <br />JII~V 9, 2007 <br /> <br />This memo IS to clarify the Commission's powers and authority regarding the <br />administration of the City government. Understandably. each Commissioner feels <br />responsible to ensure the proper functioning of the City government. The City Charter <br />and ordinances grant broad authority to the Commission to conduct the legislative affairs <br />of the City. However. because Casselberry is organized as a "City Commission-City <br />Manager government" in Section 9 of its Charter, there are certain limitations placed on <br />Commissioners' administrative authority. Section 9 goes on to state that the City <br />Manager "shall execute all laws and administer the government of the City". In Section <br />26, the City Manager is named as the "chief executive, administrative, and enforcement <br />officer of the City", and is "charged with...the efficient conduct of City affairs under the <br />policy direction of the City Commission". The City Manager is to "direct and supervise <br />the administration of all departments...ofthe City". <br /> <br />The Commission has passed ordinances and codes that further restrict the Commission's <br />powers to administer the City's affairs. For example, the Code of Boardsmanship <br />provides, in paragraph 2, that Commissioners will not "intrude into the daily operations <br />or spheres of responsibility designated to the City Manager", and, in paragraph 3, it states <br />that "the proper statutory role of the Commission is to act collectively, not individually, <br />to set, administer, and/or revise the governing policies." <br /> <br />More importantly, it is expressly stated in the Code of Ordinances, Section 2-38, in <br />pertinent part, that the Commission may not "control or demand the appointment or <br />removal of any City administrative officer or employee". Further, that Code Section <br />contains the clause known as the "Interference with Administration" clause, which is <br />found in almost any City Charter with a Council-Manager form of government: <br /> <br />Except for the purpose of inquiries and investigations under Section 13(4) <br />of the Charter, the City Commission or its members shall deal with City <br />officers and employees who are subject to the direction and supervision of <br />