CC Minutes 02/13/2006 - Laserfiche WebLink

Home Browse Search

City Commission Meeting February 13, 2006 Page 10 Staff Presentation: The City Attorney gave an in-depth presentation regarding the agenda preparation issue. The issue regarding Agenda preparation is whether one Commissioner, specifically the Mayor, can modify the Agenda proposed by the City Manager. The current resolution and ordinance referencing the Mayor's and the City manager's agenda duties does give the mayor the right to essentially direct the agenda preparation. Ordinance 06-1180 does not change the Charter but amends the current policy to state that the agenda is prepared by the City Manager and provided to the Mayor for his review to determine whether items that have been requested by the Commission are added to the Agenda. This recommended change will help preclude potential violations to the Sunshine law. The City Attorney stated that if the modifications are not enacted by the Commission, she would opine that the mayor does not have the authority to pull items from the agenda, nor does he have the authority to place an agenda on hold. The mayor does have the authority to request that items be added that the City Commission has previously requested. Staff Recommendation: The City Attorney recommended approval of Ordinance 06-1180 on first reading. Audience Input: 1) Karen Almond, 792 N. Triplet Lake, Casselberry, spoke in support of Ordinance 06-1180. 2) John Casselberry, 700 S. Lost Lake Lane, Casselberry, stated that the Commission should abide by the Charter when addressing any matters regarding the Agenda. MOTION: Moved by Commissioner Hart to approve Ordinance 06-1180, Amending Agenda Preparation Powers and Duties, as presented on first reading. The motion was seconded by Commissioner Susan Doerner. Mayor Goff stated that under the City's two previous attorneys, the current policy regarding agenda preparation had been in effect and worked effectively for fifteen years with no problems. He stated that he disagreed with the City Attorney's opinion regarding adding items to an agenda at a meeting; that this procedure would be even more likely to add to a problem with the sunshine and/or public notice requirements. He stated that it would be a mistake for the Commission to change the process and he would be voting in opposition to Ordinance 06-1180. Commissioner Cook stated that she believed the Chairman should be participating in setting the agenda along with the City Manager for checks and balances and she would be voting in opposition to Ordinance 06-1130. Commissioner Hufford spoke in support of Ordinance 06-1180 stating that the City's pays a CEO a lot of money to administer the affairs to the City and and he knows how to run the affairs of the City better than the Mayor or Commissioners. The Commission needs to listen to citizens but many times the nuts and bolts should belong to those who are experienced. She stated that Ordinance 06-1180 protects the citizens with checks and balances, which precludes one person dictating the agenda for a special issue or interest.