CHARTER REVIEW AND REVISION COMMITTEE Commission Chambers Meridian Avenue, Dade City, FL 33525

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1 CHARTER REVIEW AND REVISION COMMITTEE Commission Chambers Meridian Avenue, Dade City, FL Thursday, October 5, :30 PM MEMBERS Julie Hale, Steve Hickman, Dr. Bermice Mathis, The Honorable Judge Lynn Tepper, Pablo Vela-Guerrero, Mattie Jones, Jim Ward CITY OFFICIALS William C. Poe, Jr., City Manager Angelia Guy, City Clerk Nancy Stuparich, City Attorney REGULAR MEETING AGENDA A. CALL TO ORDER A.1. Roll Call B. APPROVAL OF MINUTES B.1. Charter Review Minutes- September 19, 2017 Draft Dade City Charter Review Minutes Sept 19 C. PUBLIC COMMENTS D. REVIEW RECOMMENDATIONS TO DATE D.1. D.2. Dade City Charter Review Preliminary Recommendations Dade City Charter with Annotated Changes Annotated with Changes to date E. RESIDENCY REQUIREMENT FOR CITY MANAGER F. FINANCE OFFICER G. ETHICS H. CAMPAIGN FINANCE H.1. Campaign Finance Chapt I. NEXT STEP AND MEETING SCHEDULE J. PUBLIC COMMENTS K. ADJOURNMENT

2 NOTE: ONE OF MORE CITY COMMISSIONER MAY BE PRESENT AT THIS MEETING AND MAY PARTICIPATE. MANNER OF ADDRESSING THE COMMISSION:TIME LIMIT: Each person addressing the Commission shall step up to the podium, shall give their name and address in an audible tone of voice for the records, and unless further time is requested and granted by the Commission shall limit the address to three minutes. All remarks shall be made to the Commission as a body and not to any member thereof. No person other than the person having the floor and the Commission shall be allowed to enter into any discussion either directly or through a Commissioner without the permission of the Presiding Officer. No question shall be asked a Commissioner except through the Presiding Officer. APPEALS: Any person desiring to appeal any decision made by the City Commission with respect to any matter considered at any meeting or hearing will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon with the appeal is based. DISABILITY: In accordance with Florida Statute : If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled at no cost to you to the provision of certain assistance within two (2) working days of your receipt of this notice. Please contact the Dade City Clerk s office, P.O. Box 1355, Dade City, FL ; (352) for further assistance and information. Page 2 of 22

3 Dade City Charter Review and Revision Committee September 19, 2017 Meeting Dade City Commission Chambers Meeting Minutes CALL TO ORDER: The Charter Review and Revision Committee ( Committee ) meeting began at 5:31 PM in the Dade City Commission Chambers. Roll call was taken by Angelia Guy, City Clerk. A quorum consisting of Julie Hale, Dr. Bermice Mathis, Steve Hickman, and Jim Ward were present. Judge Tepper arrived at 5:43. Members Pablo Vela-Guerro and Mattie Jones were absent. Others present included City Manager Billy Poe, City Attorney Nancy Stuparich, City Clerk Angelia Guy, Captain David Duff, Commissioner Scott Black, and Marilyn Crotty, who is serving as facilitator APPROVAL OF MINUTES: Ms. Crotty began the meeting by asking the Committee to approve the draft minutes of its September 7, 2017 meeting. Ms. Crotty informed the Committee that she was made aware of an error in the name of the organization that Mr. Clay Colson represented and asked the Committee to accept the name change. The Committee approved the minutes with the requested change. PUBLIC COMMENTS: Ms. Crotty opened the Public Comment section of the meeting. Elise Mysels of 3341 Leaf Lake Drive, Land O Lakes, Florida, addressed the Committee as a representative of Represent.us Pasco Chapter. She asked the Committee to ask themselves what value they place on anti-corruption measures. She stated by not adding anti-corruption measures to the charter, what message are we sending to the residents of Dade City. Kelly Tanner, of 9817 Kingsmere Road, Dade City, Florida, addressed the Committee and thanked them for the time spent serving on the Committee. She asked the Committee to reconsider adopting a citizen s initiative and referendum and spoke supporting this idea. There were no additional speakers and the Public Comment section of the meeting was closed. COMMITTEE MEETING: Ms. Crotty informed the Committee that a question had been asked regarding whether a consensus of the Committee required unanimous agreement and support from all the Committee Page 3 of 22

4 members. She stated that in her experience a consensus was more than a majority and usually closer to 70% of the group in agreement on an item, which would be 5 of the 7 Committee members in support or approval of a recommendation. The Committee s final report would only include the items on which a consensus was reached. She informed the group that at the workshop with the City Commission, the items not agreed upon by consensus, but supported by a number of the Committee members would be included as part of the Committee s Report and could be addressed. Ms. Crotty proceeded to review all of the recommendations made to date. Several members who were absent at the last meeting due to Hurricane Irma were present at this meeting. For the benefit of these members, Ms. Crotty reviewed the list of recommendations to date in greater detail than at prior meetings, but also noted that because members were absent from this meeting that any changes made to the list of recommendations would need to be confirmed by the Committee at the next meeting by consensus. Regarding Article III Section 3.01 concerning the residency of the City Manager, Dr. Mathis firmly stated she still believes that the City Manager should be required to be a City resident. Judge Tepper stated she believes that this requirement might limit us to who would apply. Ms. Crotty stated there are benefits and costs to either situation and offered 3 alternatives in her list of preliminary recommendations. Discussion followed. Ms. Hale agreed with Dr. Mathis, but feels Mr. Poe, who does not currently live in Dade City, would not be affected by any change. She also understands it may affect the amount of qualified applicants. Mr. Ward sees both sides of the issue and asked Do we want to limit or lose something along the way? A city manager who rents could live in the city, but not be a property owner subject to city taxes. Mr. Hickman liked the wording in option A with some modifications. The Committee agreed to finalize this issue at the next meeting. The Committee again reviewed Section 3.02 regarding involuntary absences of the City Manager. Staff informed the Committee that a letter is now on file with the City Clerk as required by the Charter. Mr. Ward asked what measures were in place if the person designated as the Acting City Manager was also unavailable. A succession plan for this contingency should also be in place. Discussion regarding whether the Finance Officer should be a Charter Officer or Department Head under the supervision of the City Manager followed. Ms. Crotty stated that the Finance Officer in most Commission-Manager forms of government is usually not a Charter Officer. The Finance Officer is usually a member of city staff, and reports to the City Manager. Mr. Poe restated he feels that this position should also be treated as a Department Head. Ms. Crotty reminded the Committee that decisions or recommendations should not be based on current employees and their ability to work together, but what is best for the future of the City. Mr. Hickman said he feels that the City Commission exercises too much control over the operation of the City by having the Finance Officer report to them. Commissioners should work thru the City Manager since he is ultimately responsible for creation and implementation of a budget. If there are conflicts between the Finance Officer and the City Manager would it have to be brought to the City Commission for resolution. Mr. Ward understands it may be working now because of the individuals occupying these positions, but stressed that the Committee should consider best practices for city operations into the future. Judge Tepper noted that the Pasco County finance Page 4 of 22

5 director is appointed by the Pasco County Commission. She feels having a Finance Officer who reports to the City Commission interferes with city management and the Finance Officer should report to the City Manager. Dr. Mathis disagreed and believes if the Finance Director reports to the City Manager, there would be delays in getting financial information to the City Commissioners. Ms. Crotty reminded the Committee that there is already a non-interference provision in the Charter regarding contact between the City Commissioners and city staff. Based on direction from the last Committee meeting, Ms. Crotty drafted language for the Committee s review that created a new Section 4.04 that describes the role of the Finance Officer. By consensus the Committee members present decided it was best to discuss the issue further when all Committee members were present. In response to the recommendation to add a definition section to the charter to include several terms was discussed. Ms. Crotty offered to research what other terms that could be included in the definition section. Ms. Crotty revisited whether the Committee wanted to include a provision for a citizen initiative and referendum. These processes would allow citizens to author ordinances or rescind ordinances enacted by the City Commission. The Committee had no interest in adding either a referendum or initiative provision to the Charter. Background information regarding Chapter 112 of the Florida Statutes and the Florida Commission on Ethics was provided as part of the agenda materials. Ms. Crotty asked if the Committee wanted to include an ethics provision in the Charter that was more stringent than existing state law. A request was made to include a prohibition regarding solicitation of employment during tenure as an elected official. After additional discussion, it was recommended that there is no need to have a stricter provision, but rather incorporate by reference the state law. Ms. Crotty will look at other charters and report back and provide options to consider. In response to a question regarding Article II related to Forfeitures, the city attorney provided a list of crimes that were misdemeanors. The Committee discussed whether an elected office should be forfeited if the elected official committed one of the identified misdemeanor crimes. The Committee was most concerned with possible misdemeanors that involved dishonesty, false statement, prostitution and solicitation should also be included. A consensus to only include those involving dishonesty and false statement was reached. Before opening up the meeting for Public Comment, Ms. Crotty listed the items that were continued for further discussion: 1) City Residency for City Manager; 2) Finance Officer Position; 3) Ethics Statement- to support the State s Policy; 4) Forfeiture of office offenses; and 5) Campaign Finances. She indicated she would research other Charters and bring back additional information. She informed the group that the next meeting is scheduled for October 5, 2017 at 5:30 pm and their tentative last meeting is scheduled on November 2, The deadline for completion of the Committee s report is November 15, A workshop with the City Commission to present the Report would be held after November 15, Ms. Crotty reminded the Committee that the Report would contain the recommendations and items discussed for amending the Charter. The only recommendations that will appear in the Report are items that received 70% of the Committee s support by consensus. Judge Tepper asked if she Page 5 of 22

6 could see a draft of the Charter with all the changes recommended to date in strike and insert format and information regarding possible ethic standards. PUBLIC COMMENTS: The Public Comments section of the Committee meeting began at 7:13 p.m. Ms. Mysels again addressed the Committee and restated the purpose of her group and the importance of stopping political bribery. She asked that the Committee change the term from one to two years regarding holding other offices after their term is over. She would also like to include stricter ethic provisions than what is currently in state law as shown in the ethics handout. Mr. Ted Apelt of Rustic Lodge Lane, Dade City, Florida spoke regarding a question about rank choice voting and asked if Tallahassee adopt this method of voting. He explained rank choice voting would give voters the option to choose a candidate if more than one is running for the seat. Ms. Crotty indicated she would research this item. The meeting adjourned at 7:17 PM. Page 6 of 22

7 CITY OF DADE CITY CHARTER REVIEW AND REVISION ADVISORY COMMITTEE PRELIMINARY RECOMMENDATIONS (09/19/17) This report includes the preliminary agreement by the Dade City Charter Review and Revision Advisory Committee on issues that should be changed, added, or deleted from the current charter. All decisions will be finalized at the final meeting of the Committee. 1. A Housekeeping amendment that will address non-substantive issues that need clarification or correction. Included will be: Insertion of Florida throughout the document where it says state Insertion of Dade City throughout the document where it says city Insertion of Pasco County throughout the document where it says county 2. Article I Sec City Boundaries add the following sentence at end of paragraph An updated map and description of the current boundaries are available on the Dade City website and at city hall. 3. Article II Sec (a) add the following (in italics): Eligibility. Only registered voters of Pasco County who have resided within the Dade City limits for twelve consecutive months immediately prior to the date of qualifying shall be.if an individual resides within a newly annexed area that individual must have resided in the annexed area for a period of twelve consecutive months immediately prior to. 4. Article II Sec Compensation; Expenses Strike through deleted language, underlined new language The Dade City Commission may shall determine the annual salary of the mayor and commission members by ordinance, but no ordinance increasing such salary shall become effective until the date of the commencement of the terms of commission members elected at the next regular election. The mayor and commission members may shall receive reimbursement for necessary expenses consistent with Dade City policies. 5. Article II Sec (a) new underlined language added Holding Other Office. (2 nd sentence) No commission member shall hold any other City office or City employment during the term for which the member was elected to the commission. No former commissioner shall hold any compensated appointive office or employment or receive financial gain other than earned benefits from the city until one (1) year after the expiration of the term for which the commissioner was elected. 6. Article II Sec (c) Language crossed through and underlined Interference with Administration. Except for the purpose of inquiries and investigations under Section 2.08 of the Charter, the Commission or its members shall deal with City officers and employees who are subject to the direction and supervision of the City Page 7 of 22

8 Manager solely through the City Manager, and neither the Commission nor its members shall give orders to any such direct or interfere with the duties and or responsibilities of such officer or employee, either publicly or privately. 7. Article II Sec (b)(3) add underlined language Is convicted of a crime involving a felony, misdemeanor, dishonesty, false statement; or 8. Article II Sec. (4)(c) delete crossed through and add underlined Filling of Vacancies. Should a vacancy in the office of City Commission occur when there is sixty (60) days or less left remaining in the unexpired term, Should a vacancy occur when there is more than sixty (60) days left remaining in the unexpired term.. 9. Article II Sec (c) add new language Should a vacancy occur in the office of Mayor, the Mayor Pro Tem will automatically become the Mayor and the Commission shall select one of its members to become the Mayor Pro Tem until after the next regular election at which time the Commission shall select the Mayor and Mayor Pro Tem according to Sec (b). 10. Article II Sec See recommended changes crossed out and underlined Judge of Qualifications. The City Commission shall be the judge of the qualifications of its members and of the grounds for forfeiture of their office. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand and the right to counsel at their own expense. Notice of such hearing shall be published in a newspaper of general circulation in the city and digitally by Dade City at least one calendar week in advance of the hearing. 11. Article III Sec. 301 add residency requirement; Change from simple majority to super majority for appointing and removing manger; add provision for public hearing Appointment; Qualifications; Compensation; and Removal. The City Commission, by a simple super majority vote of its total membership, shall appoint a City Manager for an indefinite term and by a simple majority vote fix the manager s compensation. The manager need not be a resident of the city or state at the time of appointment, but may reside outside the city while in office only with the approval of the city commission. If the City Manager declines to resign at the request of the City Commission, the City Commission may suspend the manager by a resolution approved by a super majority of the total membership of the city commission. Such resolution shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the city manager. The city manager shall have fifteen (15) days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which shall occur not earlier than ten (10) days nor later than fifteen (15) days after such hearing is requested. After the public hearing, if one is requested, and after full consideration, the city commission by a super majority vote of its total membership may adopt a final resolution of removal. remove the City Manager by a simple majority vote of its total membership. The city manager shall continue to receive full salary until the effective date of a final resolution of removal. Page 8 of 22

9 (09/07/17) Only 4 members present, so all recommendations need to be confirmed by the Committee at next meeting. 12. Re-addressed Article III, Sec. 301 concerning City Manager s residency within city limits. Agreement that current city manager will not be affected by the requirement to live in city, but subsequent managers will. Three options for charter language: a. The manager need not be a resident of the city or state at the time of appointment, but may reside outside the city while in office only with the approval of the city commission. b. The city manager need not be a resident of the city at the time of appointment. Within six months of appointment, the city manager shall reside in the city unless the city commission waives this requirement. c. The city manager need not be a resident of the city at the time of appointment, however, within (six months/1year) of appointment, the city manager shall reside in the city. Residency requirements do not pertain to the current city manager at the time of adoption of this amendment. Also, clarified that the manager s salary is set by majority vote. 13. Sec Acting City Manager changed temporary to involuntary By letter filed with the City Clerk, the City Manager shall designate a city officer or city employee to exercise the powers and perform the duties of City Manager during the Manager s temporary involuntary absence or disability; 14. Article IV. Departments, Offices, and Agencies Sec General Provisions delete reference to Finance Officer. (a.) Creation of Departments. The City Commission may establish city departments, offices, Agencies in addition to those created by this Charter, specifically including a finance officer, 15. Section 4.02 City Clerk include vote for hiring/firing; delete reference to finance officer The City Commission shall appoint, by simple majority vote, an officer of the city who shall have the title of City Clerk. The City Clerk shall be removed by simple majority vote of the City Commission The City Commission shall also appoint a finance officer who may also perform the duties of the Clerk is so directed by the Commission City Attorney change may to shall for removal There shall be a City Attorney appointed by the City Commission. The City Attorney shall be Appointed and may shall be removed by simple majority vote of the City Commission. 17. Section 4.04 Finance Officer Add new section There shall be a Finance Officer appointed and removed by the City Commission by simple majority vote. The Finance Officer is responsible for the delivery of effective and efficient accounting and financial systems, policies, and processes that meet the current and future requirements of the city. 18. Article VII. Charter Amendment add advisory to citizen review committee Section 7.02 Charter Review There shall be a periodic review of this Charter by a citizen review advisory committee every ten (10) years. Page 9 of 22

10 19. Additional recommendation. Include a definitions section at beginning or end of charter to include the following: The term state means the State of Florida The term county means Pasco County The term city means the City of Dade City (09/19/17) Five members of the Committee present at this meeting 20. No consensus on 3.01 Residency requirement for City Manager. Will be addressed at Oct. 5 th meeting 21. No consensus on position of Finance Officer. Will be addressed at Oct. 5 th meeting 22. Add Ethics statement to charter Sec Ethics Standards. All elected officials and employees of the city shall be subject to the standards of conduct for public officers and employees set by general law. In addition, the commission may, by ordinance, establish a code of ethics for officials and employees of the city which may be supplemental to general law but in no case may an ordinance diminish the provisions of general law. 23. Article II Sec (b)(3) add underlined language Is convicted of a crime involving a felony or misdemeanor involving dishonesty or false statement; or Page 10 of 22

11 DADE CITY CHARTER (With Proposed Draft Amendments) PREAMBLE We the citizens of Dade City, in accordance with our pioneer spirit and proud heritage, and in accordance with the United States Constitution, and the laws of the United States of America, the Florida Constitution, and the laws of the State of Florida, in order to provide for the benefits of local government responsive to the will and values of our citizens, do hereby adopt this Chapter Charter to define the powers and structure of our form of government. By this action, we wish to make Dade City, the Pasco County seat, a great place to live and work by fostering visionary leadership, fiscal responsibility, high ethical standards, and citizen involvement. ARTICLE I Powers of the Dade City Section Powers of Dade the City. The Dade City shall have all powers possible for a Dade City to have under the Florida constitution and the laws of this state the State of Florida as fully and completely as though they were specifically enumerated in this Charter. Section 1.02 Construction The powers of the Dade City under this Charter shall be construed liberally in favor of the Dade City, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power granted in this article. Section 1.03 Intergovernmental Relations. The Dade City may participate by contract or otherwise with any governmental entity of this state in the State of Florida or any other state or states or the United States in the performance of any activity which one or more of such entities has the authority to undertake. Section 1.04 Dade City Boundaries The corporate boundaries of the City of Dade City shall remain fixed and established as they exist on the date this amended Charter takes effect, provided that the City shall have the power to change its boundaries in the manner prescribed by law. Annexation or contraction of municipal boundaries shall be by non-emergency ordinance enacted in accordance with the provisions of general law and shall change the municipal boundaries. Article II - Dade Commission Section General Powers and Duties. Page 11 of 22

12 All powers of the Dade City shall be vested in the Dade City Commission except as otherwise provided by law or this Charter, and the Commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the Dade City by law. An act by the Dade City Commission shall be defined as the affirmative vote of at least three (3) members of the Commission. Section Eligibility, Terms, and Composition. (a) Eligibility. Only registered voters of the Pasco County who have resided within the Dade City limits for twelve consecutive months prior to the date of qualifying shall be eligible to hold the office of Commission member. If an individual resides within a newly annexed area, that individual must have resided in the annexed area for a period of twelve consecutive months prior to the date of qualifying. A resident, for the purpose of qualifying for office and while maintaining office, shall be a person whose principal place of physical residence is in the Dade City. (b) Terms. The term of office of elected officials shall be four (4) years elected in accordance with Article VI. The terms of all such persons shall commence at the first regularly scheduled Commission meeting following the certification of election results by the Supervisor of Elections. Terms shall be staggered in a continuing pattern. All such elected officials shall hold office until their successors shall have been elected and qualified or until their tenure of office has otherwise been terminated in accordance with law. (c) Composition. There shall be a Dade City Commission composed of five (5) members elected by the voters of the Dade City at large in accordance with the provisions of Article VI. The mayor shall be elected as provided in Section 2.03(b). Section Mayor. (a) Powers and Duties, The mayor shall be a voting member of the Dade City Commission and shall attend and preside at meetings of the Commission, represent the Dade City in intergovernmental relationships, and perform other duties specified by the Commission. The mayor shall be recognized as head of the Dade City government for all ceremonial purposes and by the governor for purposes of military law, but shall have no administrative duties. (b) Election. At the first regular Dade City Commission meeting following the certification of election results by the Supervisor of Elections, the Dade City Commission shall elect a Commissioner to serve as from among the members offices who shall have the titles of Mayor and a commissioner to serve as Mayor Pro Tem, each of whom shall serve at the pleasure of the Dade City Commission. The Mayor Pro Tem shall act as Mayor during the temporary absence or disability of the mayor. The mayor and mayor pro tem shall each serve a term of two (2) years. If the office of the Page 12 of 22

13 Mayor becomes permanently vacant, is forfeited, or voluntarily relinquished, the vacancy shall be filled as provided in Section 2.06(c). Section 2.04 Compensation; Expenses The Dade City Commission may shall determine the annual salary of the Mayor and Commission members by ordinance. Any ordinance increasing the Commission s salary shall not become effective until the date of the commencement of the terms of Commissioner s elected at the next regular election. The Mayor and Commissioners members may shall receive reimbursement for expenses necessary for the performance of their duties and responsibilities of office consistent with Dade City policies and procedures. their actual and necessary expenses incurred in the performance of their duties of office. Section Prohibitions. (a) Holding Other Office. Except where authorized by law, no commission member shall hold any other elected public office during the term for which the member was elected to the commission. No commission member shall hold any other City office or City employment during the term for which the member was elected to the commission. No former commissioner shall hold any city compensated appointive office, employment or receive financial gain other than earned benefits from the City or City related entities until one (1) year after the expiration of the term for which the commissioner was elected. Nothing in this section shall be construed to prohibit the commission from selecting any current or former commission member to represent the City on the governing board of any regional or other intergovernmental agency. (b) Appointments and Removals. Neither the Dade City Commission nor any of its members shall in any manner control or demand the appointment or removal of any City administrative officer or employee whom the City Manager or any subordinate of the City Manager is empowered to appoint, but the Dade City Commission may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees. (c) Interference and Administration. Except for the purpose of inquiries and investigations under Section 2.08 of this Charter, the Commission or its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the Commission nor its members shall give orders to any direct or interfere with the duties or responsibilities of such officer or employee, either publicly or privately. Section 2.06 Vacancies; Forfeiture of Office; Filling of Vacancies. (a) Vacancies. The office of a Dade City Commissioner shall become vacant upon the member s death, resignation, or removal from office or forfeiture of office in any manner authorized by law. Page 13 of 22

14 (b) Forfeiture of Office. A Dade City Commission member shall forfeit that office if the Commission member: (1) Fails to maintain the residency requirements as set forth in Section 2.02(a); (2) Violates any express prohibition of this Charter; (3) Is convicted of a crime involving a felony or a misdemeanor involving dishonesty or false statement; or (4) Fails to attend three consecutive regular meetings of the Dade City Commission without being excused by the Dade City Commission. (c) Filling of Vacancies. Should a vacancy in the office of Dade City Commission occur when there is sixty (60) days or less left remaining in the unexpired term, no appointment shall be made and that vacancy will be filled at the next regular municipal election. Should a vacancy occur when there is more than sixty (60) days left remaining in the unexpired term that vacancy shall be filled by the Dade City Commission within thirty (30) days of the date of the vacancy with any qualified resident so appointed to serve until a successor is elected at the next regular or special municipal election. Should a vacancy occur in the role of mayor, the mayor pro tem will automatically become the mayor and the commission shall select one of its members to become the mayor pro tem until after the next regular election at which time the commission shall select the mayor and mayor pro tem according to Section 2.03(b). If a vacancy is not filled by the Dade City Commission within thirty (30) days after the vacancy occurs as described above, a special election shall be held within sixty (60) days after such vacancy occurs or as soon thereafter as such election may be held; and the person so elected shall serve the remaining unexpired term of office. No time served in an appointed status or while acting or serving an interim position in any office as an elected official shall be included in computing the length of any official s term of office. Section Judge of Qualifications. The City Commission shall be the judge of the qualifications of its members and of the grounds for forfeiture of their office. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand and the right to counsel at their own expense. and nnotice of such hearing shall be published in a newspaper of general circulation in the City and digitally by Dade City at least one calendar week in advance of the hearing. Section Investigations. The Dade City Commission may make investigations into the affairs of the City and the conduct of any City department, office or agency. Section 2.09 Procedure. Page 14 of 22

15 (a) Meetings. The Commission shall meet regularly at least once in every month at such times and places as the Commission may prescribe by rule. Special meetings may be held on the call of the mayor or of two (2) or more members and, whenever practicable, upon on less than twenty-four (24) hours notice to each member. (b). Rule and Minutes. The Dade City Commission shall determine its own rules and order of business sand shall comply with state law regarding the keeping of minutes of its proceedings including all its advisory boards. The minutes shall be a public record. (c) Quorum. Three (3) members of the Dade City Commission shall constitute a quorum. No action of the Dade City Commission shall be valid or binding unless adopted by the affirmative vote of three (3) or more members of the Dade City Commission. Section 2.10 Ordinances in General. All ordinances, including emergency ordinances, shall be adopted pursuant to Section , Florida Statutes, as amended. Every adopted ordinance shall become effective as provided in the body of the ordinance. Article III. City Manager Section 3.01 Appointment; Qualifications; Compensation; and Removal The Dade City Commission, by a simple super majority vote of its total membership, shall appoint a City Manager for an indefinite term and fix the manager's compensation. The City Manager shall be appointed solely on the basis of education and experience in the accepted competencies and practice of local government management. At the time of appointment, the City Manager does not have to reside in the City or State of Florida and may reside outside the City while serving as the City Manager with the approval of the Dade City Commission. If the City Manager declines to resign at the request of the Dade City Commission, the Dade City Commission may suspend the manager by a resolution approved by a supermajority of the total membership of the Dade City Commission. Such resolution shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the City Manager. The City Manager shall have fifteen (15) days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which shall occur not earlier than ten (10) days nor later than fifteen (15) days after such hearing is requested. After the public hearing, if one is requested, and after full consideration, the Dade City Commission by a supermajority vote of its total membership may adopt a final resolution of removal. The City Manager shall continue to receive full salary and benefits until the effective date of a final resolution or removal. remove the City Manager by a simple majority vote of its total membership Section Acting City Manager. By letter filed with the City Clerk, the City Manager shall designate a City officer or employee to exercise the powers and perform the duties of City Manager during the Page 15 of 22

16 Manager's temporary involuntary absence or disability; the Dade City Commission may revoke such designation at any time and appoint another officer of the City to serve until the City Manager returns. Section Powers and Duties of the City Manager. The City Manager shall be the chief executive officer of the City, responsible to the Dade City Commission for the management of all City affairs placed in the Manager's charge by or under this Charter. The City Manager shall: (a) Appoint and suspend or remove all City employees and appoint administrative officers provided for, by or under this Charter, except as otherwise provided by law, this Charter or personnel rules adopted pursuant to this Charter. The City Manager may authorize any administrative officer subject to the Manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency; (b)direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law; (c)attend all Dade City Commission meetings. The City Manager shall have the right to take part in discussion, but shall not vote; (d) See that all laws, provisions of this Charter and acts of the Dade City Commission subject to enforcement by the City Manager or by officers subject to the Manager's direction and supervision, are faithfully executed; (e) Prepare and submit the annual budget and capital program to the Dade City Commission and implement the final budget approved by the Commission to achieve the goals of the City; (f) Submit to the Dade City Commission and make available to the public, a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (g) Make such other reports as the Dade City Commission may require concerning operations; (h) Keep the Dade City Commission fully advised as to the financial condition and future needs of the City; (i) Make recommendations to the Dade City Commission concerning the affairs of the City and facilitate the work of the Dade City Commission in developing policy; (j) Provide staff support services for the Mayor and Dade City Commission members; (k) Assist the Dade City Commission to develop long term goals for the City and strategies to implement these goals; Page 16 of 22

17 (l)encourage and provide staff support for regional and intergovernmental cooperation; (m) Notify the Dade City Commission immediately upon knowledge of any violation by the City of any environmental rules, statutes or regulations; (n) Promote partnerships among the Dade City Commission, staff, and citizens in developing public policy and building a sense of community; and (o)perform such other duties as are specified in this Charter or may be required by the Dade City Commission. Section General Provisions. (a) Creation of Departments. The Dade City Commission may establish City departments, offices, or agencies in addition to those created by this Charter, specifically including a finance officer, and may prescribe the functions of all departments, offices, and agencies. No function assigned by this Charter to a particular department, office, or agency may be discontinued or, unless this Charter specifically so provides, assigned to any other. (b) Direction by City Manager. All departments, offices, and agencies under the direction and supervision of the City Manager shall be administered by an officer appointed by and subject to the direction and supervision of the Manager. (c) Grievance Process. The Dade City Commission shall establish and maintain a written grievance process for all City employees. Section City Clerk The Dade City Commission shall appoint, by a simple majority vote of the Dade City Commission, an officer of the City who shall have the title of City Clerk. The City Clerk shall be removed by a simple majority vote of the City Commission. The City Clerk shall be the custodian of all Dade City Commission records, shall give notice of Dade City Commission meetings to its members and the public, shall keep minutes of its proceedings, and perform other duties as are assigned by this Charter or the Dade City Commission. The City Commission shall also appoint a finance officer who may also perform the duties of the Clerk if so directed by the Commission. Section City Attorney There shall be a City Attorney appointed by the Dade City Commission. The City Attorney shall be appointed and may shall be removed by simple majority vote of the Dade City Commission. The City Attorney shall serve as chief legal adviser to the Dade City Commission, the Manager and all City departments, offices and agencies, shall represent the City in legal proceedings, and shall perform any other duties prescribed by state law, by this Charter, by ordinance, or as otherwise assigned by the Dade City Commission. Page 17 of 22

18 Section 4.04 Finance Officer There shall be a Finance Officer appointed and removed by the Dade City Commission by simple majority vote. The Finance Officer is responsible for the delivery of effective and efficient accounting and financial systems, policies, and processes that meet the current and future requirements of the City. Article V. - Financial Management Section Fiscal Year The fiscal year of the Dade City shall begin on the first day of October and end on the last day of September. Section Submission of Budget and Budget Message On or before the first day of August of each year, the City Manager shall submit to the Dade City Commission a budget for the ensuing fiscal year and an accompanying message. Section Budget Message The City Manager's message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the City for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, summarize the City's debt position, including factors affecting the ability to raise resources through debt issues, and include such other material as the City Manager deems desirable. Section Budget The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the Dade City Commission may require for effective management. Section 5.05 Dade City Commission Action on Budget The Dade City Commission shall adopt an annual budget in accordance with all applicable state statutory provisions. Section Amendments After Adoption Budget amendments after adoption of an annual budget shall be processed according to applicable state law. Page 18 of 22

19 Section Administration and Fiduciary Oversight of the Budget The Dade City Commission shall provide by ordinance the procedures for administration and fiduciary oversight of the budget. Section Independent Audit Pursuant to the provisions of applicable state law requirements, the Dade City Commission shall provide for an independent annual audit of all City accounts and may provide for more frequent audits as it deems necessary. Article VI. Elections Section Conduct of Elections The provisions of the general election laws of the State of Florida shall apply to elections held under this Charter. Section 6.02 Recall The power of recall is hereby reserved to the electors of the City pursuant to state law. Article VII. - Charter Amendment Section Amendment. Amendments to this Charter may be framed and proposed pursuant to state law. Section Charter Review. There shall be a periodic review of this Charter by a citizen review advisory committee every ten (10) years. Article VIII. - Transition and Severability Section General Law. All City ordinances, resolutions, orders and regulations which are in force when this Charter becomes fully effective are repealed to the extent that they are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto. Section Severability. If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected. If the application of the Charter or any of its provisions to any person or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected. Page 19 of 22

20 Section 8.03 Ethics Standards All elected officials and employees of the City shall be subject to the standards of conduct for public officers and employees set by general law. In addition, the Dade City Commission may, by ordinance, establish a Code of Ethics for officials and employees of the City which may be supplemental to general law, but in no case may an ordinance diminish the provisions of general law. Section 8.04 Definitions The following terms shall have the meanings unless the context provides otherwise: City shall refer to the City of Dade City Florida County shall refer to Pasco County, Florida State shall refer to the State of Florida Page 20 of 22

21 The 2017 Florida Statutes Title IX ELECTORS AND ELECTIONS Chapter 106 CAMPAIGN FINANCING Contributions; limitations on. (1)(a) Except for political parties or affiliated party committees, no person or political committee may, in any election, make contributions in excess of the following amounts: 1. To a candidate for statewide office or for retention as a justice of the Supreme Court, $3,000. Candidates for the offices of Governor and Lieutenant Governor on the same ticket are considered a single candidate for the purpose of this section. 2. To a candidate for retention as a judge of a district court of appeal; a candidate for legislative office; a candidate for multicounty office; a candidate for countywide office or in any election conducted on less than a countywide basis; or a candidate for county court judge or circuit judge, $1,000. (b) The contribution limits provided in this subsection do not apply to contributions made by a state or county executive committee of a political party or affiliated party committee regulated by chapter 103 or to amounts contributed by a candidate to his or her own campaign. (c) The contribution limits of this subsection apply to each election. For purposes of this subsection, the primary election and general election are separate elections so long as the candidate is not an unopposed candidate as defined in s However, for the purpose of contribution limits with respect to candidates for retention as a justice or judge, there is only one Page 21 of 22

22 election, which is the general election. (2)(a) A candidate may not accept contributions from a county executive committee of a political party whose contributions in the aggregate exceed $50,000, or from the national or state executive committees of a political party, including any subordinate committee of such political party or affiliated party committees, whose contributions in the aggregate exceed $50,000. (b) A candidate for statewide office may not accept contributions from national, state, or county executive committees of a political party, including any subordinate committee of the political party, or affiliated party committees, which contributions in the aggregate exceed $250,000. Polling services, research services, costs for campaign staff, professional consulting services, and telephone calls are not contributions to be counted toward the contribution limits of paragraph (a) or this paragraph. Any item not expressly identified in this paragraph as nonallocable is a contribution in an amount equal to the fair market value of the item and must be counted as allocable toward the contribution limits of paragraph (a) or this paragraph. Nonallocable, in-kind contributions must be reported by the candidate under s and by the political party or affiliated party committee under s Page 22 of 22