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Home My WebLink About2015-07-02 Charter Review Board Agenda Meeting Packet AGENDA CITY OF DANIA BEACH CHARTER REVIEW BOARD THURSDAY, JULY 2, 2015 – 6:00 P.M. 1. Call to Order/Roll Call 2. Approval of Minutes from June 18, 2015 Meeting 3. Discussion Items 3.1 Excused Absences 3.2 Part II – Legislative Branch and Legislation, Article 1. – City Commission 3.3 Part VI – Registrations and Elections, Article 1. – Elections 4. Public Comments 5. Adjournment MINUTES DANIA BEACH CHARTER REVIEW BOARD THURSDAY, JUNE 18, 2015 – 6:00 P.M. 1. Call to Order/Roll Call Chair Joe Van Eron called the meeting to order at 6:05 p.m. Carolyn Jones David Clark Betty Sokol (Alternate) Charlotte Sloboda Luis Rimoli Tamara James Derrick Hankerson Anne Castro, Vice-Chair Rae Sandler Joe Van Eron, Chair Tom Ansbro, City Attorney Louise Stilson, City Clerk Absent: Gail Davison (Alternate) (excused) Chris Barile (Alternate) (excused) Bruce Hannover (Alternate) (excused) Terry Hale-Hicks (excused) Bill Harris (Alternate) Vice-Chair Anne Castro motioned to excuse the absences of Gail Davison, Chris Barile, Bruce Hannover, and Terry Hale-Hicks; seconded by Board member Luis Rimoli. The motion passed unanimously. Chair Joe Van Eron welcomed Tamara James to the Board, and noted that Betty Sokol would be a voting member tonight. 2. Approval of Minutes from June 4, 2015 Meeting Vice-Chair Anne Castro motioned to approve the minutes; seconded by Board member Carolyn Jones. The motion passed unanimously. 3. Discussion Items 3.1 Part II – Legislative Branch and Legislation, Article 1. – City Commission 3.2 Part VI – Registrations and Elections, Article 1. - Elections Chair Joe Van Eron recapped the last meeting:  Keep residency requirement at 1 year  Commission vacancy – less than 1 year from date of last election o Offered to next candidate receiving highest number of votes o If declined or unavailable, Commission will appoint someone within 30 days o If Commission does not appoint within 30 days, a special election will be held within 60 days  Commission vacancy – more than one year from date of last election  Commission will appoint someone within 30 days  If Commission does not appoint within 30 days, a special election will be held within 60 days  Commission vacancy – less than 6 months until next election  Commission will appoint someone within 30 days  If Commission does not appoint within 30 days, each Commissioner shall select one candidate from the qualified pool of candidates, and the City Clerk will draw a name by lottery  4 Year term for Mayor, including vacancy – unfinished  Forfeiture of Office - unfinished Board member Luis Rimoli noted that at the last meeting, the board discussed that a vacancy in the position of mayor should go to special election. Board member David Clark requested that someone from the prevailing side, motion to reconsider the 4 year mayor term. The board concurred that we need to get away from talking about persons, and talk about positions. Vice-Chair Anne Castro suggested the board discuss removal from office for the mayor, or how to fill the vacancy with the Resign to Run Law, if multiple commissioners want to run for mayor. Board member Rae Sandler recommended that if the vice-mayor was a 4 year term, they could fill the vacancy. Vice-Chair Anne Castro suggested appointing a seated commissioner to fill the vacancy of the mayor if there is less than a year City Attorney Ansbro recommended what is simple; fill the vacancy within 30 days, or call for a special election. Board member Charlotte Sloboda suggested if less than one year left on the term, the existing commission would select from amongst themselves who would fill the position. Board member Carolyn Jones motioned to reconsider the 4-year mayor term; seconded by Board member Derrick Hankerson. Board member David Clark said we have a good solution to filling a vacancy for the commission. He would like to do away with the 4 year mayor. Vice-Chair Anne Castro advised that cities are involved in outside organizations, and it is more advantageous to have consistency in office. Board member Carolyn Jones noted that you do not need to be the mayor to be involved in outside organizations, commissioners are involved also. The motion failed on the following 4-6 vote: Carolyn Jones Yes David Clark Yes Charlotte Sloboda No Luis Rimoli No Betty Sokol Yes Tamara James No Derrick Hankerson No Anne Castro No Rae Sandler Yes Joe Van Eron No Board member Derrick Hankerson motioned that if the mayor vacancy is within the first 2 years, it goes to special election to be called by the City Clerk within 30 days; if the vacancy is less than 2 years, it is appointed by the Commission within 30 days of the vacancy, if there is a tie, then the Commission shall draw by lot. Vice-Chair Anne Castro seconded the motion with an amendment that if the vacancy is less than 2 years, the Commission will appoint a seated member of the Commission to fill the vacancy. The motion, including the amendment, passed on the following 7-3 vote: Carolyn Jones Yes David Clark No Charlotte Sloboda Yes Luis Rimoli Yes Betty Sokol No Tamara James Yes Derrick Hankerson Yes Anne Castro Yes Rae Sandler No Joe Van Eron Yes The Board moved to Section 8, Forfeiture of Office. Board member Rae Sandler commented that if someone is in intensive care, it should be an automatic excused absence. Chair Joe Van Eron questioned if HIPAA requirements would come in to play if members are out for medical reasons. Board member Derrick Hankerson suggested if the member is going to be absent, they should call the City Clerk and advise they will not be attending the meeting. Board member Carolyn Jones suggested that anyone who calls the City Clerk should get an automatic excused absence. Board member David Clark recommended it should be at least 3 consecutive absences before removal. Board member Tamara James commented that if you cannot conduct city business, you should be removed. We need to find a way to conduct business. Board member Luis Rimoli said we need different structures for illness, versus someone who just does not want to come to meetings. It is inexcusable to not excuse someone for an illness. Board member Charlotte Sloboda questioned if FMLA could be invoked by a commissioner. Board member Derrick Hankerson suggested 4 excused absences for the members of the commission. Board member David Clark motioned if they have 3 consecutive unexcused absences then they are out; seconded by Vice-Chair Anne Castro. The motion failed on the following 1-9 vote: Carolyn Jones No David Clark Yes Charlotte Sloboda No Luis Rimoli No Betty Sokol No Tamara James No Derrick Hankerson No Anne Castro No Rae Sandler No Joe Van Eron No Board member Luis Rimoli motioned that any commissioner that has 2 unexcused absences during their 4 year term forfeits their position; seconded by Board member Rae Sandler. The motion failed on the following 1-9 vote: Carolyn Jones No David Clark No Charlotte Sloboda No Luis Rimoli No Betty Sokol No Tamara James No Derrick Hankerson No Anne Castro No Rae Sandler Yes Joe Van Eron No Board member Charlotte Sloboda motioned for 2 unexcused absences during a fiscal year and they forfeit their position; seconded by Board member Derrick Hankerson. The motion failed on the following 3-7 vote: Carolyn Jones No David Clark No Charlotte Sloboda Yes Luis Rimoli Yes Betty Sokol No Tamara James No Derrick Hankerson No Anne Castro No Rae Sandler Yes Joe Van Eron No Vice-Chair Anne Castro motioned that 2 consecutive unexcused absences, absent a medical excuse or doctor’s note, and you are off the commission; seconded by Luis Rimoli. Vice-Chair Anne Castro amended her motion to include that if you are hospitalized, it is an automatic excused absence without commission vote, which does not count toward excused absences; seconded by Board member Derrick Hankerson. The motion, including the amendment, passed on the following 10-0 vote: Carolyn Jones Yes David Clark Yes Charlotte Sloboda Yes Luis Rimoli Yes Betty Sokol Yes Tamara James Yes Derrick Hankerson Yes Anne Castro Yes Rae Sandler Yes Joe Van Eron Yes City Attorney Ansbro pointed out that the current Charter does not include provisions for excused absences. Board member David Clark commented that absence due to a death in the immediate family should be an excused absence. City Attorney Ansbro will find out what other cities do for excused absences. Chair Joe Van Eron noted the next agenda will include excused absences, and a line by line review of Legislative Branch and Legislation, Article 1, City Commission, and Registrations and Elections, Article 1, Elections; then we will go through the Charter by section. Vice-Chair Anne Castro requested a list of all Charter requirements that require supermajority vote, unanimous vote and majority vote. City Attorney Ansbro advised he will be out during the month of July and Attorney David Wolpin, or Attorney Anthony Soroka, will fill in for him. Board member Derrick Hankerson noted he will be absent at the July 16th meeting. 4. Public Comments 5. Adjournment The meeting adjourned at 7:55 p.m. Joe Van Eron, Chair Approved: