Charter Review Advisory Board - Regular Meeting
The Charter Review Advisory Board discussed proposed amendments to the city charter, focusing on election data, voter turnout, and the process for setting meeting agendas. The board also considered citizen suggestions regarding commissioner pay and fiscal stability.
About this meeting
- Government Body
- Charter Review Advisory Board
- Meeting Type
- Charter Review Advisory Board
- Location
- Panama City, FL
- Meeting Date
- December 4, 2025
Transcript
75 sections
All right. Uh, you want to start with our opening prayer? Yep. Sure. Let's stand. Heavenly Father, we just thank you for this opportunity to come together today to do the business of our city. And we just thank you for uh the men and women around this table and their their dedication to and love for our city. And Father, we just pray for uh wisdom and discernment uh and all of the deliberations today. And uh uh we pray for Brandon that's not able to be here due to emergency. We just pray for him and his family and and whatever those circumstances are and that you bring him back safely uh in the new year for our next meeting. Uh, Father, we do again just continue to pray for for your wisdom and your guidance and your hand upon all that we discuss here today. In your name we pray. Amen. Amen. You'll face the flag and join saying the pledge. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Chairman Berg, Mr. Vanzy, yes. Mr. Ferrer, here. Miss and Mr. Anderson Jansenius is not with us today. All right. Um, approval of the minutes. Have you guys had an opportunity to review the minutes last time? Yes, I'm finished. And I do have some requested changes. Okay. Sure. Um just with regards to the voting issue with me. So at the end when we figured out that there was no prohibition for me participate and that Brandon had participated remotely before we said okay well it's a good thing that I documented my votes and I had asked and everyone agreed that it would show
as a regular vote. But the way it's written, everybody their vote is taken and then Cecil um indicates her position. Yeah. So I understood at the end we were going to clean it up and then it was going to be my vote would be counted which wasn't going to achieve any outcome but I wouldn't be singled out as saving my position three time. I would just be in the vote. any opposition to having the minutes amended to reflect that her actual vote was included as opposed to the mention of support? No. But I do want to be clear though, we did not record Mr. Henderson Jensenius's votes that when he so he participated virtually in the deliberation but not in the voting. Okay. Okay. Well, he he said it differently but we will look to accept. I guess I want to be clear. So, Nevin, can you vote remotely or not? Um, if it were co, you could, no doubt about it. Commissioner Hughes is going to vote remotely at the next meeting because he has a medical emergency and there are attorney general opinions that establish how that is. Um I felt when this came up because this wasn't a city commission that it you kind of set your own rules. The issue though it's a sunshine law issue and u and because it's a sunshine law issue this meeting has to be noticed. This meeting has to be open to the public or it doesn't have to be but well it does by law it has to be. And um and so because of that then there's an issue of of voting remotely and uh and it's it's not I mean the safer thing is that that we don't vote
remotely but it's but there's a difference of opinion really if it's not the city commission can you have is every advisory committee that is covered under the sunshine law under the same rules as far as you cannot vote remotely. Let me let me make here is is there an expressed prohibition on a on a board or committee like this voting remotely? I don't believe so. Okay. Then then I would support you allowed to vote remotely. Yeah. Okay. All right. Let's that's why I wasn't going to say anything. So going back to the point of two gas and that's what actually you you said that at at the end of the last meeting when you looked at it he said there is no specific prohibition. It's not prohibited. We all want to allow it. So and we all know what you want to do. So let's have the meeting reflect her actual vote rather than just a a mention of support. Not not to muddy the water, but I think if my memory is correct, if you have a quorum present, then somebody can vote remotely. Like you can't have a quorum. Oh, they don't count towards the Yeah. Or the core. So that would be the only thing that I think about that. Yeah. Are any other substantive comments? Is there a motion? I think we did make you did you did just make a motion. Do we vote just now? I I know we're in support of it, but if you Okay. Yeah, can make a motion. Yeah, Cecil can make the motion and JP second. All right, there we go. Um, okay. Staff reports. So, we were going to talk about election data history data. Who's presenting that? I will, sir. So, if you look at the memo that I sent, there's actually two memos connected together. So, I would go to the last page uh of that attachment first, which is a memo dated
October 28th uh of 2025. That memo was distributed and then um one of the board members asked for some additional information. Uh and that's what um sparked the second memo, which I'll touch on second. But if you look at the onepage memo dated October 28, um what was requested was kind of comparison uh of the voter turnout election data over approximately the last 10 years, the last decade, comparing city election turnout percentages to the primary general election received from the Bay County SOE. Um the takeaway is that turnout is consistently much higher in the November gubanatorial and presidential elections in the evening years. So, uh, I I did try, uh, to, uh, compare apples to to apples, meaning that I was not wanting to rely on entire countywide turnout, uh, but specifically turnout for the August and November elections inside the city of Panama City only. However, um, the issue is is that, uh, if at that time no one pulled that report for the SOE, then they don't have it available. So you'll see that on a couple of them. Thankfully though, uh the last two big cycles, uh both 2022 and 2024, those reports were pulled. So the most recent data that you see down at the bottom for um primary general elections in August of 2022, November 2022, August 2024, November 2024, those percentages are strictly within the city of Panama City turnout. So you'll see going back a decade uh Panama City's uh elections are anywhere from you know uh 13 to to you know to 25%. Um and then if you look at uh really the last two elections uh cycles for the primary general which 2022 was gubernatorial 2024 was presidential
year you basically had uh 51.9% uh in November of 2022. So even in the goop of the pearl year, it's more than double uh that turnout. Uh and then in the presidential year of November 2024, uh it even exceeded 70% turnout in the city of Panama City uh for that November election. So again, uh turnout is consistently much higher in the November guminatorial and presidential election years uh in the even uh years. So, if there's no questions about that particular memo, I think that's a data was a lot more straightforward. A lot more information in the second one. Okay. Moving to the second memo which was dated November 7th uh 2025. This is additional uh data requested by a member of the charter review advisory board. Mr. Henderson Jensenius requested it um to get some additional information from the city of Tallahassee following their change and when their municipal elections were held. uh additional historical information from the census data of Panama City. Basically, we've updated our um population in our registration numbers um at current with um uh with the supervisor of elections office. Uh and then additionally, the undervote raise undervote concern was raised in Bay County also included in this. So, there's kind of three uh kind of three different chunks of information here. So, first off, historically, Tallahassee made their change uh to move from kind of the spring uh to the um to the fall in the year 2000. Now, it's important to note that Tallahassee, excuse me, had their elections in the spring of the even year. So, they weren't totally off, but they were uh in the spring of the even years. And so, you can kind of see before they made it, you see kind of 96, 97, 98, and they had elections every year. Uh and so they had they did both but the change was in uh in the in the even year and so um you could see that you know they were low in
you know 15% 17% kind of in some of the low 20s. Uh and then when they made the change in 2000, uh it jumped to uh 33% for the primary and then similar numbers to the uh you know to us with you know presidential years kind of pushing 70 um you know and then more a little bit lower around 60 uh for the gubanatorial year in 2002 and then of course 2004 uh definitely uh much higher and so uh very appreciative of the city of Tallahassee uh helping uh provide that information. So that's a I know that's it's been about you know 15 um you know to 20 years but still uh some of that data is the change that they made. Um I know we initially had shared some voter registration data but um as of uh and and just want to be clear I I think I said population but I I meant the the voter numbers is what's updated because we won't update the census again uh until 2030. But uh as of uh 2020, the census, you can see the breakdown uh of of the of the four different wards. Um and uh and of course, as a reminder, the census includes kids. Um you know, it's it's not just voting age uh folks. Um and then uh Miss Ward's office did provide uh as of November 6, the most recent and up-to-date registered voters in each ward. Uh, and you can kind of see um as spelled out that again W two and W four are under reppresented um as a as a percentage with obviously W four being uh the most underrepresented uh with Ward three uh kind of seeing the most growth which doesn't surprise us because that includes Panama City North uh and then folks continue to annex in around the Kings Point and Pretty Bayou area. So, uh, that's just the the the current data, uh, for the number of voters, uh, in each of our four WS. The other concern that was raised, this is the second point of data, uh, in history here,
uh, for, uh, for Bay County was just kind of the concern of under votes, especially further down the ballot. And so, I just went through and, and, you know, it may seem like a lot, but, I I I didn't want to I wanted to be careful not to be accused of kind of cherrypicking a few. So, I picked a number of different options here. So if you look at for example November of 2022 um you had undervotes even in a gubanatorial year uh in in even something like the Florida Supreme Court you see that drop off at at you know almost 10%. But even the gubanatorial election, you have people uh or even our state senate here uh people know very well um you still have people that choose not to vote and this would have been uh you know the second election um behind uh the we had a US Senate race uh in uh at November of 2022. And then if you go to the uh the summer of 2022 which would have been the primary um you had a state house universal primary u under votes. Again, all these numbers in this section are under votes. People that did not cast a ballot or a vote rather in that election. U you had, you know, 4%, excuse me, uh decide not to not to not to participate in that election. Same thing with the school board nonpartisan. Uh if you look at November 2020, um we had a a county commission election and you you had uh almost 14,000 under votes, pretty high percentage. And this was even with six candidates. Uh county property tax exemptions, uh you only had about 6,000 um um u uh under votes. And interestingly, the county property tax exemption was lower than the county, you know. So So it's it's it's further down the ballot, yet people jumped over the county commission uh election for that. Jumping into 2020, uh and this is where it it starts to get interesting where you have nonpartisan races. Um you have uh different
interestingly these uh the first two races uh school board nonpartisan uh backtoback um on the ballot yet you had 4% skip it in the first race but the second race you had 8 and a half%. Uh and so and then the next one you had 6%. So for whatever reason folks chose more people chose to vote for the first one than the second two. Then the state attorney primary same thing. Um and then moving into 8 uh November 2018 again gubanatorial year again uh you had under votes with the US senate state attorney general um state supreme court justice. Now, very interestingly here if and this is the point if look at the very bottom of page two. Um we had a bunch of amendments if you remember November of 2018 um the um uh one of them was the the dog racing and that was the very last item on the on a very like a two-page ballot and yet it had a significant number of less u under votes than a Supreme Court justice that was even higher up. So, the point in that is is that if people are passionate about something, they're they'll it doesn't matter if it's the last item on the ballot, they they'll go to it uh and vote on that. And then August of 2018, uh you even had a US Congressional District primary. Um you had, you know, 700 under votes schoolboard member, which was below that. Uh you had 1,700. Uh but then uh below that uh you had the school board certax referendum uh and you only had 1.7 um percent uh non show up and so again people are jumping over to go down. So again it drives it if people are passionate about something uh they'll certainly go uh to vote for it. Even in the Florida governor's primary uh you had people decide not to vote. So whether it's nonpartisan or partisan or whether it's at the end of the ballot,
I mean people are going to you're always going to experience undervotes regardless of the election, I think is the point. Uh and and so um and then things could also be at the very end and and have much lower under votes reported than folks further up the ballot. So the other question was asked was city elections with three or more candidates. How often does that happen in in in our city? uh and and so these are specifically listed here. So uh in April of 2019, the mayoral runoff was not required. One of the three candidates achieved 50% plus one. Uh in May of 2019, there was a war two runoff from the April 2019 election. So that's so that election of spring of 2019, uh the mayor's race did not require runoff even though it had three candidates. Wo did require runoff uh with the three candidates from from April to May. uh in 2023. Uh more recently, uh the mayoral runoff was required from April of 2023 because none of the three candidates got 50% plus one. However, W three um one of the three candidates did achieve 50% plus one. And so there was no runoff needed for W three. And then most recently in May of 2025, um W one did require runoff uh from the April 2025 election. Uh, and I'll just um, as a reminder, even though we had the mayor's race uh, in ward four at the same time, there were only two candidates in each of those races, so no runoff was required. So again, just a summary, key takeaways. Tallahassee saw a tremendous increase in voter turnout when they shifted from the municipal election in the spring to align with the state and federal primary and general elections. Uh, while many down ballot races do have under votes, candidates and issues do drive people to the polls and further down the ballot. with a lower number of undervotes uh for down ballot races at times. Um, one thing that's interesting to compare is the Florida CFO race
uh in November of 2018 as compared to the attorney general. And if you uh if you look at that, so um the state attorney general, you had about 750 uh under votes, but then the CFO, you only had 450. Uh that's because Mr. Patronis is way better known here in Bay County and so he he more naturally uh who was known uh was able to garn more garner more votes in Bay County. Uh second one the dog racing amendment in November of 2018 as compared to the state supreme court justice retention um and and again this applies in nonpartisan or universal primaries as well as shown by the school board certax referendum compared to a school board members race in August of 2018. So, um, folks were more committed to as far as not undervoting on saying no to the sir tax, but not necessarily the people that would decide how that money is spent. And so, I just take that for what it's worth. So, in a review of the last decade, about half the races for the city of Panama City only um had more than two candidates. So, runoffs usually are necessary usually uh but not every single time. And then just one final note, Mr. chairman and board about the uh the note that Calah the Tallahassee made in 2000 and and again I did express um this was big help from the Lyon County Supervisor of elections himself uh and then the city manager for the city of Tallahassee were very helpful in getting me this information. Um originally when Tallahassee made the change in 2000 if only two candidates qualified that election was settled in the August primary. Um, however, the charter was later amended to move the election to November. If only two candidates qualified, meaning so if two people qualified in June, um, there would be no August primary, they would go straight to the general in November. Uh, and if three or more qualified, the August primary advanced the top two vote getters to November. And this was regardless of the percentage that they
received. And the reason for this is this ensured that the elected official was always chosen in November of a gubanatorial or a presidential election year. So, and they made that change, I think maybe a little bit less than a decade, maybe eight or nine years after implementing in 2000, they changed it uh kind of going into the second half uh of uh of that of the 2010s. So, um that's that's all the information um that was requested. if I'm happy to clarify. Um I know I did email all this in advance, so y'all had this for almost a month now. So hopefully this answered all the questions that that y'all had and happy to go and get some more information if needed. I can tell I can tell you want to touch on Oh yes, sorry. I apologize. Thank you. Thank you, Madam Clerk. So um Mr. Jensenius um Henderson Jensenius did send an email this morning and um uh I we just provided it as printing but he says regretfully I will not be able to attend today's charter review meeting in person or online. Um but he wanted us to share with y'all that uh he had 91 local participants um regarding moving the municipal elections to align with the primary in general and uh of almost 100 participants 82% were in favor of moving them. uh and I believe you each have a copy of this uh at your at your position. So um he just wanted to provide that information and he does regret not being able to be here today. That's all I have. Mr. Chairman, I appreciate that. What questions do we have for Jonathan about the data and the information he has provided? Well, but clearly if the citizens have been responding and when they moved it in Tallahassee, they it kept up a high percentage and we have a pattern where the November time
period for elections. We're getting a higher percentage in the past. We are it is higher in the presidential year. That's just to be clear. um you know it's kind of mid mid to high 50s for gubanatorial and we usually exceed 70 in the presidential election cycle. So, um, you know, it it has been, I think, suggested that, excuse me, if you do have, you know, like the the mayor, you know, if we do shift him or her to a four-year term, um, that is truly citywide, that that would be best to align with the presidential cycle so that the maximum number of people are the ones voting citywide for for your miss. You have a questions about understanding the data or anything to extract from? It's just such a good memo. If it was to your credit, yeah. Yeah. Um, all right. So, there's a citizen comments. Yeah. I have a citizen suggestion. Excuse me. 5B. Yes. 5B. Uh, I've received a couple of um emails. Actually, the top one was handed to me on paper. And then the second one starting with the page that says sample preamble uh was provided via email. So the um several suggestions on what items for the charter uh review advisory board to consider is um you provide these suggestions. Is that anonymous or confidential or anything like that? Uh, no. Yeah. And can you share with like where these came from or how? Uh, the first one was came from Commissioner Street. Okay. Um, and then the second one I don't remember the lady's name. Is it or something? Yes. V9 received
that. 5B is from commissioner's chief. Uh, there's two actually that start the one that starts uh sample preamble. That's the last two pages are separate, right? That one came via email. I don't think I have that on my phone. Um, how do you guys handle these? Really just information. Yeah, I I don't know if you want to if you want to just read them and we'll come back to them or if there's a reason to discuss them or we can go over them. I'm open to any of them. I mean, is there is there any interest in this the pay issue for the part of the board? I think at some point. Yeah. Um today, I thought I thought this was interesting, but I'm not sure how I feel about putting that in the charter, but Yeah. Yeah. But we can we can set this for a discussion maybe at a later time. So, I know there are some commissioners that wish they did not have to make that decision. Yeah. Currently commission makes that decision and there are some that wish that we would make that decision or the charter would make that decision. Having been an elected member that's just part of the game you have to vote on you know so I didn't really matter to me but that's that's the issue. Yeah, I I'll share um uh I've talked with every I've talked with four out of the five commissioners and um and Josh shared these exact same things with me and um just like uh uh Ron said just you know kind of a an awkward conversation that the way Josh represented it to me was not that he feels like he's underpaid or overpaid or it wasn't anything about that. It was just about it's a conversation that needs to come up and it's just awkward to talk about your own pay. it's politically sensitive. And to Ron's point, that's just what you signed up for perhaps,
but that was what he expressed. It wasn't like it wasn't a money grab or anything along those those lines. It was just a a general leaning towards a preference of having a formula to establish it, whatever it is, so that it doesn't have to continue to be considered. Um, on the uh fiscal stability, a conversation that we need to have when we get to this section, his concern was that um the there's no mandate for any sort of savings account for the city. It's it's uh they're responsible for their own fiscal budget, savings, spending, all of that type of stuff. There's no constraints for for better or for worse on what the city spends or saves or borrows or any of that stuff. And so what the city does have and Jonathan please if I'm if I'm not explaining this correctly like please and Evan that there's a an ordinance that explains that the city is to save 16.7% of its operating budget as kind of a a working capital fund something along those lines which is approximately approximately two months worth of operating expenses. That's not what that's not what's in the ordinance. ordinance requires a a goal. We set a goal of 30% of operating expenses as um emergency set aside for emergencies. So emergency reserves and another 10% of uh operating expenses for um uh unreserved fund balance. of the savings account. Uh the 16.7% is the GFOA recommendation. It's not in the ordinance. Got it. Okay. Exc Sorry, either I misunderstood or Josh explained it differently. Um I think the consensus is that's great policy. There's no teeth to it. There's no consequences for not doing it. And it's not even worth getting into at this point like where it is and how much is safe or whatever it is. But right now it's it's it's just not being not not intental. It's a goal, right? But then if you don't meet your goal, there's kind of a and then what? So that was what Josh was suggesting. Um I don't mind sharing that.
I talked to Brian Granger who agreed in spirit on that sort of uh rainy day fund reserve whatever you want to call it. But then uh discussed having some sort of mechanism to you figure out how to have a savings account or emergency fund. There needs to be a condition upon which the emergency is defined. So we can have it, but then there's got to be a reason. Okay. when if it's break class in the case of emergency, when do we break glass? That's kind of what he he explained. Um, municipal elections. Oh, okay. We're we actually are going to discuss that today. Yeah. A couple other things, too, and I can share those later, but I truly don't remember what they are. Okay. Racial equity plan. Any other discussion about the citizen suggestions at this point? Well, I think there's very specific and important things to consider, but I'm not sure that we're ready to make decisions on anybody wants to chat about it before we move on. Well, I think they're important, so I would like to discuss them at a later time. Perfect. Then um any other staff reports? That's all I had. That's all I have sir. Just the only thing is that we set by email couple of things. I think Tuesday one was send it to me. I got it to the clerk. You would have a copy of it. Yes. Um so we sent to the committee members and we have cop we have
cop liver I guess and that is uh and one is a a memo from Caroline that that she can discuss in a minute and then also a just kind of a sample. We there was a question that came up during the elections, this last city election, over how long someone had to be a resident in order to qualify to run as a commissioner in a war. And the answer to that is you had to be a resident of the city six months prior, but you had to be a resident of the ward that you're running the seat you're running for on the date of qualification. So, it's kind of two different standards. And that's by not by charter that's by divorce. So that was there and that dealt and what did and then Caroline had also prepared a memo that answered some of the prior questions. This was just a a list um from the last meeting of requests for samples of what could a potential um change in the charter look like. Um, of course it's it's, you know, obviously any anything that you wanted to add or change or delete. It's just samples um to give you a starting point to think about based on the list of of changes that were um discussed last time. I apologize now, but this is from October of 2024. So I may very well have gotten this in email. You do. She's trying to show you a little grace. I'm on the CC line, so I must have gotten it. I'll accept it. No, we send an email that attached
that email from Okay. And as well as the memo from Caroline. Okay. Two days ago. Okay. Okay. Yeah. And obviously we'll discuss the proposed amendments. That kind of works its way into the actual discussions here. U have a copy of the proposed amendments because I that's one thing I didn't put out. Thank you. No, this is not what you can have that but that's not what we asked for. This is this is the clean copy of the chart. Here we go. Sorry. There you go. Um while not including in our our packet, I think we could also incorporate um Mayor Branch's Yeah. comments as well as sort of citizen suggestion. So you guys have an opportunity to read his email. Yes. Yes. Okay. Any thoughts or discussion about that? I mean the the mayor. Yeah, I mean we can do it now opportunity if they want to have any seem like you have something. I have sure but I think that's it's just feeds into the discussion. Okay. Now, how about audience participation? You got to have something, right? I do. Yeah. Okay. All right. Let's go. Start your start your clock. Daniel Schultz, 3:30 Mercedes Avenue. Great to be back. Um, uh, Jonathan, that was an excellent memo and an excellent recap of both of them, uh, as well. I think we're in, um, a similar spot to where Tallahassee was at the turn of the century. Uh, similar to what Miss Skoon said, which is that, um, you know,
we are seeing a higher turnout in the, you know, um, presidential and the governor's um, races. Um, I believe that, you know, similar to the data that we see in Tallahassee, it would carry over if we made that change to Panama City. Um, I think it's important, um, just to raise a few points that have been brought up. I mean, um, the under vote, I think that was a real really good look at that. You know what I mean? Um, because it was brought up that, you know, what if city commissioner and mayor get thrown on the end of the ballot and there's not as much attention paid. Uh, I think the data that we've seen here proves that that does not always happen and that people will vote for just whatever they most, you know, have have an interest in. Um, that's pretty much all I've got. Um, you know, I uh am adamantly supportive that that we uh consider changing the election dates to align with the presidential and the governor's race. Uh, Brandon had done that that poll. In addition, I've spoken with many, many members of my ward um and I've only heard one or two um concerns and it was concerns. It wasn't an outright no. It was well what would that look like? Um pretty much everyone is um adamant that uh it should at least be entertained in addition to um that many people have asked why we haven't already done this. Um so the public certainly has an interest in it and I think it's important. That's all I got. All right. Um, do we have somebody else online, too? I think we're ourselves are considered online, but I see we have two participants. Miss, as a reminder, she was a former clerk several years ago, and she did attend last time. Okay, that's fine. I just have to look up and see two people. Yeah, great. Okay, discussion. We got um article 2, sections 18 through 30. I think we're going to kind of
do a top bottom review of article 2 and I'm happy to start wherever anybody would like where you want to start think is there disagreement on section 19 that no commissioner can serve as the city manager seems straightforward. Well, let me let me suggest something else. Yeah, not that I'm trying to No, you're fine. For better or for worse, if you'll go to the color version that I have, some of this is just pure scrier things. Um, but these are suggestions, but I'm not it's not needed to play any stretch. Um, what I proposed in section 14 and I guess uh Nevin, do you have it as well? Yes. Yeah. Okay. Um, section 14 was purely cleaning up language and then just a a general throughout of I found that the just the use of commissioner at large and then use of the term mayor just was confusing. I just think just it's the mayor. They're called the mayor. They're the mayor. They identify just call a mayor. Like I don't know why we why the city did that back in the 60s, but just a general um calling a mayor. The uh first line there in section 14 where it says there is hereby created a city commission that consists of five members. That just makes it clear that the commission speaks as the body. You've got four commissioners and a mayor that make up the commission. Um one commission, one commissioner to be elected from each ward and one commissioner who shall be the mayor. And so that was my suggestion just to kind of make it clear. You've got a five member commission with four commissioners and a mayor. Um section 15, the manner of electing
commissioners. That was something that we table for last from last time that we need to revisit. I guess if you want to get into 16. This I I cobbled together the suggestions from proposed charter amendment two and I basically used sample one and then the the second paragraph of sample two. you want to discuss discuss that because I read the same thing where you're a resident of the city but you have to be a resident of the ward the day your nomination is due right on the day that you lie well right sorry okay I mean that that struck me as weird I don't I don't the difference yeah and I don't know if that was intentional I don't even know if you guys you were probably there right nice sometimes you have these consequences of drafting. Oh, shoot. I didn't realize that. But I have no idea. We were surprised when we went back for edit. So, the the language that I cobbled together here was that the city commissioners shall be qualified electors of the city and residents of the ward, which is what we have discussed. The mayor shall be a qualified elector of the city. The city commissioners elected from the various ward shall reside in the ward no less than six months uh in the city and their respective ward. mayor shall reside in any ward must have resided for not less than six months in the city. And then there was the language that I really liked that was at the second paragraph of the Fort Lauderdale charter where you've got to be a citizen of the United States voting you eligible to vote which we didn't have any of that type of stuff which I'm I'm I doubt there's a circumstance where somebody's a resident and a noncitizen but it just seemed to amending it anyways we might as well put in there the idea that we'd have an elected official that's not a citizen of the United States just seems strange to me or otherwise qualified to vote. Um, and so I pulled
out the language largely from that paragraph and added it in there as well. Other thoughts on that. Love it. Hate it. Republic. That was in the other that was in the Fort Lauderdale thing and I I it just seemed interesting to me. Um, it's a statute. Florida statute makes sense to me dual office holding so I can't be a commissioner and a state representative at the same time dual office for punishment right the person that would want that I don't want them to be all it's a self- selecting group yeah they they need a day job I I do have and this is maybe too much in the weeds But what does quali qualify to vote versus registered to vote? That's a good I mean I copy the language. It's a great question. Qualified is would go to citizens citizens. Well, I think I reckon what I'm trying to say is I think you ought to be a registered voter. Yeah. To me qualify to be not that I'm the lawyer, but Ne would answer this. I mean qualified just means you could be registered, but you're not necessarily registered, right? But you're saying you better. You would say qualified I guess and registered because from the from the lease point of view the word qualify means citizenship. So and register so there's two things. Doesn't doesn't register imply qualify? Are you registered and not qualified? If we just use the word qualify that would encompass both terms, right? Well, there are very few minor situations where nonitizens have registered. I know they don't take those qualify
qualified lawfully qualified register lawfully attorneys can work that out just you know qualified way to find it to you are a citizen and then registered that you took the time to show in advance that I'm a participant in civic world and I'm not just jumping we actually had a candidate in years past that did that had never voted had never and ran for office and it is really kind of shocking. So, we're five lines down on the very right hand side. Shall be duly qualified to vote at city, state, and national elections. And the suggestion is to revise that shall be lawfully registered. Is that what you're saying? Is it a dy? Let me look at that language here again. Where is it? What line? Section 16, fifth line down. starts with Lord and you go to the right hand side after the semicolon call shall be strike through dulies and qualified and change it to want registered that would subsume the quality of the quality How do I not have a section 16 or 17? It was clean version Caroline. It's my version because it was superseded by He gave us the extra one's running around. There should be Oh, here here. Oh, thank you. chairman work. Yeah. Sorry, not yet. So, if we adopt 16 as provided here with the with the revision of change dually qualified to lawfully registered. So,
it'll read shall be lawfully registered to vote at city, state, national elections. We want to do a motion for that to move on to or not and then so to keep the language um be a citizen of the United States even though it's implicative but that's what we're saying you could yeah well for people who are not as fine tuned into the law they would understand what we're doing so I for that reason I would leave it So I move that um we make the modification to the blue instead of qualified rehab shall be lawfully registered to the car. Is there a second then we promise you have to finish up you need a second or you reading? I I'm still reading because there was a case if I'm in ward and and I move out of the ward I vacate my office. That's the way I Okay, that's that's that's that's good because the very last line who ceases to possess the qualifications regarding here in shelf forcul. Okay. Any other discussion? the I just want to clarify because I'm trying to make sure I didn't miss it. There was some discussion that you could be in the ward for one day. The way it's currently written, and y'all correct me, is you have to live in the city for 6 months. Yeah. And live in the ward the day the qualification is due. Oh, so we would be changing it to the six months. Six months for both. Got to live in the city, got to live in the ward for 6 months. Yeah. Otherwise, you're good. And then one of the considerations that I had was what the term reside means. But
then I read something that you guys put together that that that is defined somewhere else. Yes. Defined somewhere else in the charter. It's in the statutes somewhere. But I think what we're wanting to do is make it so a lay person knows what's going on. We don't want to make them that's such a critical issue. I think we should define res. It's not in the charter. It's not. Then I I think we we beholden to put that information there. Would you suggest that? Would you suggest including the actual language of what it means to be a resident or just refer to the statute the language we want to be user friendly and the site to you could the statute they could read further if they want to but I would put you know resident is the place where you have a vote or where I guess we could define it how we want to. I mean there there are issues that pertain to this with regard to voting and other things because technically there are some legal definitions as you know where it's where I'd like to be. I mean the hospital you know I had experience I was in the hospital in Atlanta for almost a year of getting treatment but I my home and where I wanted to be was here so my residence never changed. Do you know what I mean? 100%. The question would be do you just want to make a uh reside as defined under Florida statute whatever or actually have the the copy in the I think we should put the copy in the charter I think it's important and then also the site so person could go into the law if they wanted well that this is a very practitioner thing I would not do both that's confusing I either have our own definition that mirrors what's in the statute or just kick it to the statute and if the statute changes so be it but I wouldn't do both that's because what if statute changes in our definitions they become you don't site to two sources I see that's I wouldn't but I don't have strong feelings so I'll totally defer you if you want the actual language great if you want to just say follow the statute I'm
fine with that too I would like the language because I'm for making this accessible to as many people as possible well can you do that I'll make a note okay all right so any other discuss so considering that we're going to uh incorporate the def the statuto definition of resident as it's basically written in the statute then um any other considerations for this provision. Just a question, how does this play into section 22? The commission shall be the judge of their qualifications. Are there any other qualifications or trying to figure out what how what that is and how that plays into what other qualifications then would need? That's that's that's kind of what I'm wondering. Now that we have explained and laid out the qualification, can we Well, it's an excellent they're kind of judge and jury at the same time. So, if if somebody came forward and said, "Actually, JP's move. He doesn't actually live here anymore." Then somebody has to say, "All right, we've reviewed it and voted on it, and we've decided you're right. JP doesn't live here anymore. So, you're off. Somebody's somebody's got to make that decision." And I guess that's where we need we need to have some type of removal and that's the whole Yeah, that's exactly well I mean I've never had to deal with this before but I would imagine let's just say for example Allen moves to you know where Alaska there's got to be some decision that the commission would have to meet and say Allan has moved away. We hereby vote that you're in violation of section 16 and you're off the commission. Right. Okay. So they're they're the decider of these criteria. Somebody like you said somebody needs to do it. If somebody disagrees with that decision they can take him to court. Okay. All right. Who would have standing to take him to court ordinary citizen? Um maybe this gives them standing. Well,
and is there any other procedure besides Well, obviously commission is the judge using Allen again. Allan would have standing if he didn't think he should have been removed of course. But if a citizen wanted to complain about it, I I don't know if the citizen would have stand. Well, I what this is bringing up is I think there needs to be a simple procedure set here or somewhere of how to do it. Well, that's I mean, isn't isn't that what what section did you just sign? Well, that's kind of the question. Is there a procedure or is that is this is the It's not there's not a clear because I know that there's a procedure for Well, there's recall city manager, right? But there I don't know if the other ones that they're recall. Yeah, there's there is uh we have we have looked at the issue has been asked, well, how does a city commission remove a commissioner? Yeah. And there's really no procedure for doing that or even the self policing body. I mean, that's a different discussion. If there's some like rea procedure, but but in your language, it says if you if you're don't meet the qualifications, you forfeit. That says it to me. You're done. It doesn't take any action. But my point is if if Allan moves to Alaska and he's like, I I I'm just visiting. I haven't changed my residence. Then somebody has to decide are have you forfeited it or not? And I think the commission would then be the decider of its own should be. Yeah. I think that's covered. Okay. All right. Anything else with 16? Hi. Hi. Um, the term of office in 18 I incorporated uh uh the suggestions with the exception that I I I s I suggest striking through the sentence there that talks about taking office in 1985 and 1987. It's just obsolete. Yeah. And then the term of office of commissioners elected from the ward shall be
four years until their successors are elected. The term of office of mayor shall be four years until their successor is elected and mayor shall be elected with the commissioners of ward. What what and I just just threw in 2028 because if we're going to do that that that fully implied uh alignment with the general election. I I didn't really now that I'm reading it out loud that was not the intention. I just picked a day but um we can put a pin in the date but if the rest of it's okay we can move on. Well, the date would date would have to be 2028, right? I guess it could be April 2028. The charter the charter gets voted on and changed. That would be in time for seven. No, they've already pencled in or kind of penciled out the dates a little bit. The uh date the current term expires in April or May of 27th. Yeah. And so there the the uh for the mayor, right? and for uh two of the commissioners, Commissioner Lucas and Commissioner Grers's boards. The um we've talked about extending that term if if this were approved to change the uh election dates. So in 2028 would be the first new dates uh that the elections would would happen. And so the term would be extended. Am I getting it right? would extend it or you could or you could shorten it by six months or extend it. Would you guys be willing to make a motion to approve 18 as written but just leave the date out? We're going to have to double back on that when we decide on the elections but just move to approve move to approve without any other discussion. All in favor? Okay. 21.
This is this is purely based on the comments that we received about um uh dealing with staff and I made this up. All right? And this might be rogue and I'm fully able if you guys are I don't want to talk about this right now and nobody's even asked this is purely Brandon's got a little out of over his skis on this thing. Um I suggesting language in 21 that the the the substance is that the the commissioners who have the authority to hire legal or say legal hire hire administration their own like admin like a legal aid like it's it just seems strange to me that you have these commissioners that have all this responsibility and don't have I know I know they have the full support of staff don't get me wrong but everything goes through Jonathan he's doing a great job but like they can't have a it sounds They can't have like a secretary. They do. Yeah. They Lindsay is their executive assistant. And for all of these things that you've asked for or that you suggested, she does that for them. She's paid half out of uh the city commission budget and half out of the city manager's budget. Uh and she is their executive assistant uh and mine. Um but scheduling, correspondence, research assistant, um administrative function, she does all that for them. She books all their travel. uh drafts letters for them to send. Uh they come in and sign it. She she already does that. Keeps their schedules. Keeps their schedules. Man, are they authorized if they said, "Hey, we all want to hire our own." So, you're talking about hiring five more employees. I just don't Would they have the authority to do that? When I walked out of that when I walked out of that open meeting that we had, it sounded like to me that and I I I truly don't remember who mentioned this to me. They were like, "Yeah, we don't we don't really we have I guess they didn't mention forgot. What's your secretary's name? that just didn't come up in the conversation. They're like, I I I don't have anybody to turn to
that I can talk to because we can't we can't deal with staff. And that's what Nevin talked about was that deal word is a problem. And so if I' if I've hit on a third rail here, I didn't intend to do that. I was just trying to help give them the authority to bring on more supports if they needed it. You're reacting to the word deal because what does that mean? Yeah. Well, this we know that it doesn't include the notwithstanding the foregoing, you're just making it clear that clearly they can have administrative support and uh they don't have to go through Jonathan to schedule a meeting that they can do that directly with the this was purely drawing on the the conversation that we had at the uh public forum and just my own experience working in the House of Representatives where every representative has a legislative aid and they can deal with them. Now, they can't go direct all the rest of the house staff to do whatever on a whim. That's not the intention here. But it's purely just if they if the the spirit of this was that if the commissioners want to get together and say, "All right, between the five of us, we're going to have uh you know, one person is going to work for two of us and two of us and the mayor's going to have support and that now now we have an administrator that we don't have to go this solely deal with language." But um I guess the first thing would be from the board, is this something worth entertaining? Do we want to put in this do clearly heard, I think at least two of the commissioners stated, "I was waiting to get information on this for two months. I couldn't do anything." And that was concerning. They were talking about historical experiences, their lived experiences. And I think what you're bringing up is a way for them to get direct access someone directly under them who's going to make them hashy and not be balancing all the other things they've got to do to get the answer. It was very the way I drafted it was very broad. If they want to hire, they can. If it's got to be in the budget, they've got to decide how they want to handle their own administrators. But that that was the idea. Ron,
what do you feel about this? Am I um Jason Windmill here? as a former elected official, I had somebody at the district, but that person was was called the board secretary. She just handled the board. Obviously, she she came under the the um board chart of superintendent, but you know, she reported to us and one for all five worked. Um but I guess what what you're saying is we have a half of a person. Well, and more than that, I mean, the problem is that just the practical problem with this I see is that like those people th those whether it's one person or whether it's five, um they're not going to be the subject matter experts. They're still going to have to come to the city manager or the city clerk or the police chief or the housing and community services director or the planning director to get the information they need. And sometimes it's going to take too much. And sometimes it takes a while depending on what they're asking for. So to me, if they're asking for information and we're not being responsive, then probably one of the three of us needs to be terminated. And that's that's no I mean I I but I So the issue is I mean I can honestly tell by your body language it's not sitting well and that's not what I'm trying to do here. So I want to have like a candid conversation about this. Yeah. Yeah. No, it's great. So I think My bosses are probably watching this, but I just know that the that there first off, we have a very new commission right now and so a lot and I think they all would admit that they're learning a ton right now. And so I think that's a natural feeling um you know as as part of but even to Ron's point I mean you know all the employees do fall under an executive to some to some degree. So now what what would probably be better is to put in a budget where you kind of have like you could have a second we used to have two assistants in the in the city manager or city mayor and
commissioner's front office and and and you know I didn't feel that there was really enough warranted for two of them plus we were making some cuts and so we decided not to replace that one position. Um I I think the issue for me though is on what what research they're wanting done. If you hire more an executive assistant type position or even an administrative assistant, again, they're not going to be the subject matter expert. So, they're going to rely on whatever the issue is, the issue area is that they're they're going to they're going to rely on that. And so, that you potentially could have, you know, the the board's and it's not it's more than a secretary. It's more like an executive assistant kind of going around asking questions and and the director is going to be like, well, you know, I don't report to you. I'm going to go through the city manager. So, I I could see it muddying the waters. What I would spell is that uh or maybe spell out like what what is the problem that we're trying to solve? If they if they truly if it's a research position, then maybe that's position we create that's a research assistant. the the problem that I'm perceiving and I'll tell you no no no commissioner or the mayor hasn't expressly announced this to me other than the feeling that I got and some of the comments that were made at that public meeting was that the it is a very very demanding position and timeconsuming position to be a city commissioner or a mayor particularly a mayor as evidenced by Allen's email and yet uh and the pay is fine but it's not a full-time you know for based on the time that you put into it the pay that you get not a gig. Okay. So, the idea was if there's a if there's an ability to provide more direct support to help them be more effective and reduce some of the more like time consuming, data gathering, arranging of things that is just kind of giving them more support and that was the idea here. And then when I heard the comment about deal that they can't deal with staff and that was one of these hindrances, I was like, well, let's try to put something in here that solves that problem and allows the city to put more resources directly behind the people that are putting forth the
time and making the decisions and reduce some of the laborious data gathering, you know, calling, following up, that type of stuff, scheduling type things so that they could have more direct support. That was the idea. Got it. Certainly, it certainly wasn't to create this weird web of Yeah. uh personnel or or or have people under you or next to you or whatever else. Well, I mean, just as practicing lawyer myself and I've had three people working for me, half person, you know, I've had various sizes with the family and everything of my law practice. But it it is extremely helpful to have someone you can turn to and say, "Run this down." And they will still have to go to the subject matter expert, but they're going to read the rules. they're going to go into it versus me the lawyer who I'm trying to make all these decisions at the top level and I'm doing all this administrative stuff. It's very very very time consuming. They have three people. They have three people. Run it down. Run it down. Run it down. That's I mean that's what you're talking about. We're their assistants. I mean if they need something they come to us and they ask for it and they have and they have an executive. I was I'm just telling you what it feels like for to be in a decision making situation. Am I going to sue? Who the plaintiff is going to be? All those decision- making at the top level. If that same person has to be the one that's asking and following up and oh, there's a document that goes with it that drags on time. I think the challenge Yeah. I the challenge in this situation is it's not really the commission's job to make recommendations. That's staff's job. So, I don't know what recommendations what I mean like I don't I mean I guess if they're wanting to to research something to put on like I said I would be I would be in favor of and that's a budget decision. We can put a second we can put a second person back in the front office and and peel the the daytoday, you know, like like scheduling like true secretarial work back to
like an admin assistant. And then the executive assistant can be more free to serve uh and not have to deal with like you know name tags and tent cards and that kind of stuff. But purely be it a truly executive assistant back to but that was I mean that's just a budget decision and and um and I made it and I asked Lindsay I was like hey do you feel like this is in fact I just asked her Tuesday I was like is this too much for one person? She goes it's really not. And uh I said, "Well, please tell me if it ever does cuz you you know uh you know cuz I want to make sure that you're not burned out." As as a suggestion maybe to we might have to come back to it, but I think the problem is the word deal. The problem is what does it mean? And uh and it hadn't been a problem until it was. Okay. I mean, you know, for 13 years that I've I've been city attorney and then we're looking at what what does it mean? Well, it it you know, it could be I've seen with the county when I was county attorney. I was involved when the county manager form of government ordinance was written and I believe it says direct and not deal. uh deal is is much more ambiguous than direct. And I so I've always interpreted the word deal as direct, but yet that's that's not exactly correct. It's it's uh looser than that. So, it could be that we could go back and look at other ordinances as far as go back and look at the county ordinance, look at other cities that have a city manager form of government and see, you know, there's got to be a better word than deal, a better Let's do this. Let's put a pin in this one, okay? And we can talk with you guys offline. I I talked to Allan regularly. I I didn't even tell him I was
putting this in there. I put this in at 10 a.m. or whatever time it was. And um because the the the spirit of this was like the it makes perfect sense that you don't want commissioners going down the line and going to people and around supervisors to nobody's suggesting that but there's also needs to be a path where if the commissioners are like listen I'm spending so much time on this stuff and I need more direct support and I want somebody I want a chest to poke who can give me stuff that's my person or our person or whatever and that's not anything with you guys because you guys have your own responsibilities. you have your own departments with your own people, whatever else. So, there's a reason why you have secretarial support or legal aids or whatever you want to call them. And so, but let's let's pause on this one because we have other bigger things to do. We can come back to it. But I in general, I like what you were saying. You were suggesting just put it back to the way it was. Yeah. And just to be fair, I just kind final point, Mr. Chairman, board. So, you know, I actually I'm okay with limited like if the elected officials want to just ask a director a question, but I know there's been past city managers that are like, you know, don't even look at them. And I'm not talking about Mark McQueen way in the back. You know, it's because you I don't really want to play the telephone game. You know, you ask me, I asked the director, the director asked the superintendent, the superintendent asked the foreman, the foreman asked the crew leader just, hey, did we take care of this yet? So, you know, there's those kind of things, but and I want to get them information, but again, like we said, I don't know how long I'll be in this seat. We don't, you know, it's not about Jonathan Hayes or Allan Branch or Jan Smith or Nevin Zimmerman. So, some of this can be done with um commissioner or board training as well because the board sometimes has to reminded they have no authority except when they're together. You know, a commissioner has no authority. the mayor really has no authority other than when he's at a commission meeting, you know, and so some of that is commission training if nothing else to be able to know who to go to. Is this a Nevin question? Is this a Jonathan question? Is it a
Jan question? And you go from there. Some of that is probably not for the charter. That's in board training. What I call board training for sure. C can I ask for a clarification for next meeting about what the current is about communications from the city commissioners to Can I get some filling in of the what's allowed, what's not allowed, those type of things? Because as present as stands, what are we what's the status quo? What are we dealing with with this shall deal and shall not directly interfere? Is there anything or is that it? Is are they allowed to call directors? Are they not are they? As far as I'm concerned, I want everything to go through me on my staff. But is that but is that a absolute prohibition in here or is that just the practice that's developed over time is sort of my question. That's my interpretation. Is there practice? Is this a loose we everyone does it differently or is there an absolute prohibition of city commissioners having communication with staff directly? It's kind of a policy. Is there well they they clearly stated that their practice is not to do that. Correct. But is there a prohibition currently or is that just what has deal means? Yeah, that's deal. That's my interpretation of deal. That's and that's the issue the reality interpretation of the word been understood that they cannot have direct. Well, yeah, but if this doesn't actually prohibit it from from my okay, the issue come to find and ultimately it ends up on my at my desk and I say, well, I mean, well, sure, they can ask questions. I mean, citizens ask questions, commissioners can ask questions, but that's different than dealing. Well, because I've always interpreted dealing like directing. But then you can ask questions in a way that is just not harassment but just where it be it's there is not a clear how can you decrease my
water bill Charlotte no I don't want any of that yeah that's not that's not a just a question for yeah there is there is no fine fine line as far as that clearly describes that so I think it might be worth looking at how others have dealt have dealt with it, how others have defined it. I will do this for myself and I would encourage other board members to talk with the commissioners, particularly the ones that appointed them to see if this is an issue or not. Perhaps it's an operational issue that we can just clarify through internal controls. Perhaps it's something that we need to address in the charter. Or perhaps it's something that's working fine and I'm just creating an issue that doesn't need to be created. So let's move on to 21 22 23 24 I didn't make any revisions to those. Any considerations to your felony or off the off the commission possessive qualifications are off the commission vacating. What about I'm still sorry I still think we might want to consider some type of express procedure for from the the governor removes the governor removes. Yeah. So I'll but I'll I'll mention that in a memo. But that's but that's how you get a commissioner removed. Okay. You ask the governor to do for like for committing a felony or something or or Well, yeah. Conduct. Um they're not qualified. I mean, but let let me look at that. It says four things. Well, there must be a statute that points to that or something or something. Okay. But so there's there's maybe a vote from the city commission before or does it go right to the governor? The governor does what the governor wants. But but let me research that. Got
a little bit. So JP, sorry. You're suggesting that you said 20. No, I we were just the 22 23 24 this whole how how is a city commissioner removed from office kind of question. Yes. the four consecutive meeting. Yeah, I left that in there. Seems reasonable because there's also the excused absences in this doesn't mention excused the last unless such absences under 26. I was just curious how you how do you fill a vacancy? Is it the other commissioners? Do we want to state that or just leave the editor's notes in here? I think we should state it. So, currently we have an ordinance that says how the vacancies are filled. They can change that. Yes. And they can change anything in the chart. So, only state law. Um yeah, we can just we can give you a copy of the ordinance so you can see how it and then you can look at it. But essentially um the commissioners just vote and appoint somebody would be finish out. The question for us then would be leave it as the commission can the commission can decide how the commissioner or vacancy would be filled. I guess they could also have like a special election, right? or do we want to modify it in here that it's based on the vote of the commissioners? So, does it need to go in the charter at all? And if it does, then what do we say? I think it should
be in the charter and it should say by vote or whatever process. Ron, what do you think? Why did it get removed from the charter, Evan? Is it state statute or superseded by um municipal home rule? So So if we put it back in, could it is it still superseded? I'm not I'm not We need to look at that. Okay, we need to look at Good question, Ron. I I didn't want to verbalize it. I have the same one. I think the question is is, you know, do you want it to, you know, kind of have the to feel more like the US Senate where you, you know, you appoint or like the US House where appointing is never an option and have to be elected by your constituency to be their representative. So, you know, I don't know if it was ever like that or if it changed. Um, I mean, the process worked okay because I can't remember her name, but Nancy Wingle, now Man Hudson. Yeah. Yeah. You know, she resigned and some of us put our name in the hat and they picked Mike Nichols at that time, which he had run for the office in law, so that was, you know, Yeah, it was a good deal. And it worked. It was fine. We'll get you more in. That's certainly going to be cheaper and quicker than calling a special election. Yes. and just to have them appoint whoever to finish out that term and then at the next scheduled election it's an open seat. That's probably one of those things you can make an argument either way. I think I can also see people like no really the people of that ward should decide who their representative is. Sometimes it's they will at the next election. That's correct.
But I do think it ought to be in the charter. So dam if you could. Yeah. So let's let's let's document that. So the motion is to Ron. Would you like to have a motion to add for 26 to codify that the vacancies filled by appointment by the remaining commissioners? So moved. You want to stand out or not? I thought we were at the place where we were going to get more information about how this mechanism worked and then come back to it rather than appointment. I think the point of the motion is that what's in practice now should be in the charter right now. It's just about so you're putting it back in the chart but we may change the process. So by voting for appointment then I'm deselecting a special election. Correct. So I'm not I'm I'm not ready to make that decision. You're not ready to make that decision either? Okay, that's fine because I I mean I'll go ahead and signal like I'm I'm I'm in favor of what Ron's saying, but if you are going to vote no and that's fine then we'll come back information and then we do need to address it and I agree with you. It needs to be clearly stated whatever it is here in I think it's unanimous that whatever it is it needs to be correct come back and put see what it is. Okay. So I'll I'll get more information. Um the revisions that I proposed to section 27 were purely just uh clean up. Um the legislative power of the city shall be exercised by the city commission and said city commission shall be cloth with the powers and duties. It just seemed the way it was worded. It was just extra extra words. Um the uh language in 28 I struck that through
mainly that it was just redundant and I could take three lines and turn it into the language right after uh in the new 28 that says the mayor shall be and act as chairman of the city commission. I just I encompassed all of 28 into that new that new phrase right there. And then I changed all the references to he he he to the mayor the mayor the mayor. Okay that's good. So now this is the language the way it is now. Correct. Okay. So if if you're okay with that stuff because I I did add significant language in 32 that kind of goes along with um the the public notice of the agenda and how the agenda system would work. Um, that is something if you guys open to it, I'd like to discuss that in depth. So, if y'all can take us motion 27 and 28, so you can do that. So, I make a motion to Would you like to excuse me, would you like to address the mayor's email here in this section? Um, let's do that because it it goes into 32. So, at this point this point, Ron, you just want to move to approve approve 27 and 28 as amended by the chairman. I second. I do have a question. I'm assuming on 27 the second line where you crossed out S and said city commissioner I think you probably meant to cross out ER and S so it would mirror line one yeah very much be a typo there the legislative power of the city shall be exercised by the city commission and said city commission shall be closed power so take out the E and the R as well yes okay all right So there second for motion. Yeah. All right.
All in favor? I All right. Y'all read 32 room.
All right. I'm ready. I think it's still got I was just Mr. Hayes, how is the agenda done currently? Um, so the clerk, you know, kind of controls the final agenda, but I mean, under my section, as long as my team gets everything, you know, in on time. Um, and there's a lot of things where like none of us really has a decision if it goes on the agenda, not like zoning stuff. Yeah. Annexation stuff. So, I mean, my only comment to this is that I mean, I wouldn't even give the city manager authority to just remove stuff because I a lot of times I don't have a say whether or not it goes on the agenda. Uh, public hearings um um and then uh quasi judicial type hearings, a lot of that is initiated because again, people are want to change their zoning. Uh they want to they want to
come into the city. Uh they want to merge parcels, that kind of stuff. I mean, that's probably what a third to a half of the agenda most of the time anyway. And then the other items that come on the agenda are um like you know uh usually budgeted items, but they're if they're over $100,000, you know, because of purchasing commission has to kind of sign off on it. Uh that's the kind of stuff that would fall under city manager. Uh we also have um special events if it requires road closures. Uh if it involves um the selling of alcohol, uh that's if there's if it's going to, you know, potentially violate the noise ordinance. The commission has to approve all of that kind of stuff. And so, you know, I mean, and I may not like an event, so but it's not my decision. And so we put it forward and the commission, you know, kind of decides that. But the end of the day, the the clerk's office finalizes the agenda with what she or he he or she's been given. And then we but we've actually publicized it what a week out now. We've been doing that for what maybe four months now is. Yeah. 48 hours is like a special call. Yeah. An emergency meeting. Uh everything's out a week at least. So how does that flow? So like all the hearings you just mentioned that goes to you first and then it well first it goes it comes to staff and planning and then it goes to the planning board and then the planning board makes a recommendation and staff either concurs or does not concur and then it comes you know to the uh it's its own section on the agenda and that's not even really under me or the clerk or the attorney that go that's automatic public hearings are they're the front they're actually ahead of audience participation and thing. So, so, so let let me share why I prepared this the way that I did, my context for it, and then if you feel like I'm even advocating too much for this because I'm very passionate about this, then I'll even
step aside as the chair and take over, whoever else. Okay, so the number one frame of reference, as I told you guys, I do community association law and all my condos and all my homeowners associations have to post their agenda 48 hours in advance so owners can see it and decide whether or not they want to attend the meeting. The idea to me that a city is not similarly bound and that as a citizen I don't know for certain what's going to be discussed at a city meeting is insane. The the specific example of this is it just is what it is. But it wasn't that long ago that all of a sudden there was a discussion about doing an entire ground lease over the marina that wasn't even on the agenda until the meeting started. To me that is that is absurd. And now that that that process has been more publicized and out there, there's a lot more public participation with it and rightfully so. So to me, the idea that like I should be able to look at that agenda and I know it's it's it's kind of theoretical, but I should be able to look at it and say, "Nope, they're not talking about anything that I'm interested in. I'm not going or oh shoot, I've been waiting for them to talk about this. I want to go." So, and this is not a very high bar. Every one of my little rinky dink condo associations can do it. And I just find it very hard to believe that a municipality can't do the same thing. It doesn't owe it to the citizens to do the same thing. Next will be, y'all know I'm very close with Allan and Allan sent an email this morning. He called me up at 7 a.m. this morning and and he never we texted all the time, but he he calls me at seven. I'm going, "You okay, bud?" And he's just like, he goes, "I get all of the complaints. The you know, everybody just by default reaches out to the mayor." just a it's a stock thing that the the mayor gets the disproportionate share of the the complaints from the citizenship. That's just how it works. And yet there uh for all practical purposes at this point just commissioner at large. And so he has been very very clear with me about there is no desire whatsoever to implement a strong mayor system at all. That's not that's not the goal here. there's got to be some degree of or he's desiring for some
degree of something more than just commissioner at large. And so that's what we've been discussing is the ability to set the tone of the meeting, set the agenda. Not that anything that's been requested hasn't ever been put on the agenda, but balancing between who sets it and giving the public the opportunity to see what's going on, but then somebody has to make the decision of what goes on there in the first place. So that's kind of why all that there I'm just a big fan of there needs to be a champion for a thing and somebody has to wear the hat of agenda setter and I think that just the logical conclusion is it's the chairman of the board it's the the mayor. Then I also started giving consideration to well what if you have an obstinate mayor that just won't put things on the agenda. That's where I created the system where if you're at the meeting and two of the commissioners say, "I want this item on the next agenda," then that item will be on the next agenda. Then then then they're going to have to discuss it. And that was that. And then I gave consideration to uh what if something emergent pops up and the mayor won't put it on the agenda? That's where I said if two of the commissioners reach out to the city manager and say we want a special meeting on this topic then the city manager shall set a meeting at the most reasonable time after that long as the 48 hours thing goes there was discussion about what if an emergency comes up. Well my response from my condos is I don't know what emergencies is going to come up that you can't do it 48 hours from now. You have meetings every two weeks and you know the whole ounce of prevention in a pound of cure or your failure to plan is not my emergency type thing. If if something happens, if we've got a meeting on a Tuesday and something happened on Monday that's so emergent that it needs to be discussed, I I just don't know what that situation is that we can't meet on Wednesday. I I I don't know what that is. I mean, if you guys can tell me what that would be. Um I mean, sometimes we have to declare a state of emergency. The state of emergency is all kind of statutory powers to do things that you don't need in the charter. It the city has to declare a state of emergency. When the governor declares a state of emergency,
the gloves are off. the city can do whatever it needs to do. Well, it it it's no, you have there there are provisions as far as adopting emergency ordinances where you wave notice and it requires a fourfist vote. So my suggestion was going to be that if you had a fourfist vote then you could talk about something. I mean, in other words, have an extraordinary voting department. When when when Michael is swirling up in the Gulf on, you know, Tuesday morning, the city can do and the governor has declared a state of emergency. Y'all can do whatever you need to do to prepare the city. You don't need to have a city commission meeting for that. You there's there's no way requires a a state of emergency declaration for to get reimbured voted on by the commission. Yeah. What did this what did the city do? Like we all know this timeline very very well when Michael came through. Nobody was paying attention to Michael on Sunday and Monday it was just kind of an annoyance and Tuesday it kind of ramped up and Tuesday night it got gnarly. Tuesday we had a city commission meeting. Did you see Michael Sch. It just happened to work out with Michael. But I have gone to emergency meetings for the sole purpose of declaring a state of emergency so we can qualify for FEMA funding and things like Okay. But we, you know, we can stuff like that. Okay. So, as a board's concern, is this good? Is this bad? I'm Jane as a board. Sorry. Okay. The third line, the mayor may remove items from a proposed agenda at the mayor's discretion. Um, that was a little
concerning. Okay. Awesome. Well, let's say people had asked for something to be on, you know, the the other commissioners had said and two had said and it's on the agenda. The way that reads and I I know we just need to work out the way it is. he could just pull it for any reason at any time. So that's just a little bit unsubscribed. It's it's a little too broad the way it's written in my opinion. The idea behind that was if they're the ones setting the agenda, they they wouldn't be allowed to add anything else. But if for some reason they're like, "Hey, we're not ready to talk about this now." They wouldn't have to talk about it if they didn't want to at that point anymore. But if you think though, if it's on the agenda, it needs to get discussed. Yeah. Okay. All right. Fair enough. I just don't want any unnecessary ill will towards the mayor, you know, because again, we're trying to clarify how things get on the agenda and there have been I like your other suggestions and then to just give a I can just take it off. Sure. It doesn't feel good because we're trying to build a process to get it in. Ron, what do you think? Well, just drawing from experience. I mean, in as chairman of the school board, I met with the superintendent sometimes two weeks before the next meeting to help set the agenda. Staff would bring stuff and you have timelines that you can't do anything about that. That's automatic. But there are always some other things that as a chairman I could say we're not ready to discuss that yet or we don't have enough information yet. you know, um it w it was a dual effort between the chairman or the mayor and the city attorney or the superintendent to finalize the agenda be before you posted it. Then after it was posted, only in an emergency situation um would something be So you guys had a very similar
system with the school board. Yeah. How often or how far in advance would y'all post it? um a week and schoolboard members had all the material for the meeting a week in advance at least. That's how we do it. Just I was one of those that read every word front and back. You know, some board members and commissioners don't do that. Some open the packet when they arrive at the meeting, you know, but you know. So then so so you you're in favor of the overall concept. Yes. Are do you are you thinking 48 hours is appropriate or you is it more or less? I like more than 48 hours. Well, they're doing more. Yeah, they're noticing the meeting itself. The existence of the meeting, not the agenda. Yes. Correct. Agenda's posted a week out. Yeah. The agenda can change up until the moment of the meeting as it's written right now. Well, as it's written usually doesn't, but I don't know how it's written right now. If I may, Mr. chairman, the incident you're speaking about like board voted to add that agenda item at the last minute. So, and I believe it was unanimous uh when they added the um when the item didn't get put on the agenda for the downtown marina. So, we requested in my opinion that's inherently unfair to the citizens. I agree with that. Yeah. That a decision like that would be considered at a meeting even though it was unanimous amongst the commissioners that the citizens had no idea that that was going to be discussed at that time. I would totally agree. I would agree as well. Yeah, because that Yeah, that was really not an emergency. So, no accusation that the that the commission did anything wrong whatsoever. They did everything they could have done and that that's that's fully within their purview. I I I don't think that's a service to the citizenship and that's why I'm suggesting this.
So, we go ahead just just for your information. Uh the city commission has adopted rules of procedure And I don't know if those were ever given to you. That might be interesting for you. But the rules are procedures, were they? Okay. But it deals with uh agendas review deals with you can add things uh or take things off at the meeting and and the process for that by a motion. I think it's unanimous consent to add things, stuff like that. I know, Jan. I'm sorry. I know I stifled you because I want to have the board discuss, but what were your thoughts? The the only thing that concerns me is it says the mayor shall prepare the agenda. I'm that doesn't that's not I don't think that's really going to happen. But if you'd like the mayor to prepare certain certainly step aside. So I guess take off the word shall prepare set. We just go the mayor shall set. Yeah. Okay. Good point. With with incorporation, I guess, as Nevin suggested that when there's a state of emergency, like a a meeting can be called for emergency purposes. Okay. All right. Any other I mean, usually what do you want to do a motion on this? Well, I So, are any other comments? My only question though, I mean, in order for this to happen, I mean, the mayor is I mean, I they're going to have to be way way more involved in the day-to-day operation in the city in order to fully understand what goes into the agenda. I think that's the only So, I think you might need to consider some type of hybrid type setup or something if you really want them because there's just there's just so much that goes into it and and to without changing salary or hours or something like that in order to fairly ask
that of whoever sits in the mayor's seat. um you know there's there's just there's so I mean even so much of the agenda that um that even I don't really have a say in. And so I just think to to put that on a part-time elected official for 30 something thousand a year. Um so like with you Ron you know you would get together with the superintendent. I would imagine there'd be kind of a proposed agenda to to start with. You'd have a working document and then you would kind of line item things would you not? Okay. Yeah. that would put together, you know, with the superintendent's direction the agenda the agenda because like we said, there's some timeline stuff you really can't do anything about. It's got to come, but there's always policy matters and sometimes even a budget matter that can, you know, so what would we would stop say, you know, you draft the agenda, send it to the mayor. All right. Hey, here's the agenda for next Tuesday and then mayor goes, "Yep, sounds good, except for this one's not ready." And then go from there. I mean, I I I think here's the problem. So, you're basically wanting to expand the power of the mayor because right now he doesn't have that authority and and we may know the majority of the commission supports that decision, but you may have a mayor in there that doesn't. And it's like, well, I don't know. It just seems to me there should be a valid reason because they could have, you know, they could have nefarious intentions to and they don't have the they don't have the responsibility to to run the city in a dayto-day and there may be things that you need the commission to kind of weigh in on. So I don't um you know I don't to some degree they they they have that authority. They can actually remove items from the agenda. they can suggest at the beginning of a meeting, hey, I've thought about it more and I'm not really happy with us dealing with this today. I'd like us to consider removing it and or or tableabling it. And that happens occasionally. Everybody
can do that. All five of them can do that. So, I just to me the um the the preparation of the agenda and more than just physically typing it up, but actually like what goes into it, all of the background information and everything. Um, I mean that's just that's a pretty heavy lift and and there's a like to Ron's point, I mean there's sometimes even months of work behind it and um yeah, I don't see that changing though. Yeah, I don't you know that's where you I I have to draw on my experience and kind of what Ron's saying and just my experience and seeing how my condo associations do it and in virtually every situation the manager will prepare the draft agenda, send it to the association president saying, "Hey, here's all the things we need to go over." I would truly say probably 85% of the things are things that the president's like, "Oh, I'm so glad you're running with that. Good. You got it under control. We got to get that approved for you to make sure you can be able to do your job effectively." There may be some things that are on there where the manager said or the the president says, "Eh, we're not we're not ready for that one yet, but let's keep working on it." Or there may be projects the manager's like, sorry, the president says, "Hey, we got to get this on the agenda. I want to make sure we discuss this at this point." So, it's it's 90% done when it hits the deciders's desk. It's just the little critiquing here and there and then the ultimate stamp that says, "All right, this is what we're going to talk about." So, I don't see the process changing all that much. So, does the mayor see the agenda before the other commissioners at all? No. My my assumption is the commissioners will have a problem with this. That's Jonathan Hayes's personal opinion. Um, because they all see it at the same time. Well, I take that back. Some of them I meet with on Monday and some of them I meet with on Tuesday. But, you know, so they some of them may see it a day or two early, but but you know, they when the final agenda is done with all the attachments and everything that that goes out at the same time. Currently, three of the five want the binders and two of those just want it virtually and they use their iPads, but the final one is sent out at the same time, but we go through the agenda uh every week uh and and talk through it in detail and
answer questions in the office. So, um, it's it's it's it's challenging to argue against that the uh board that will be discussing the agenda should be the body that decides what's on the agenda. And I I can appreciate that right now it's a very fluid system or collegial system or whatever words you want to use this, but right now it is not the board's decision what goes on the agenda. That if we're if we're going if we're going to match which I think this board please speak up if I'm misguided here as as a board the public has an the public has a right I think the I think the the moral ethical right thing to do is give the public an opportunity to see an agenda and decide if they want to go to a meeting I think that's what we're saying so therefore there has to be a decision prior to the meeting what goes on that agenda and that decision should be made by the body that's going to consider the agenda and it's impossible to have all five people vote on an agenda 48 hours in advance There's just sunshine laws you can't have. So therefore, it's got to be somebody and therefore by default it's the mayor. There's there's no other person. You can't pick word four inherently gets there or two or one or whatever. So just by default that's that's where it has to go. Maybe okay. Any other discussion? Well, do you think the wording the way you have put it that that makes it clear that the base of the agenda is going to come from Jonathan and they're going to have an early review? I don't think that this I think Jan's points will take in about the prepared take the prepare out part because that's not that's not what happens in practice or in paper. It's what I'm talking about the actual looking at the substance that you're saying needs to be done and I'm in full agreement with you and that would be done by the mayor. I don't think that this wording clarifies that that's going to happen. That that the body of the
work of the city that all of Jonathan's employees are working on that doesn't really need I think that's a day-to-day operational thing that that goes into how they conduct business rather than actually in the chart. But does that go into the agenda? I'm sorry. Yeah. the the work that he's talking about that needs to be on the agenda so that particular citizen knows that this piece of land that I want to buy that my neighbors arguing with I'm coming to argue about that you know all the business part that that has to do with buying a garbage truck. I assume that would be part of the rules of procedures in the city. Yeah. Well, I'm it's not it's not referenced here. True. So, I'm just I'm what we're what I'm looking for is a document that pretty much speaks for itself. If there's another process that we need to look to, it needs to be mentioned. In other words, someone should be able to pick up the charter after we're done and pretty much know what's going on. That that's that I disagree with. I think that's an operational day-to-day level decision about kind of like how you would deal with the the superintendent. That's not in the whatever the equivalent of the schoolboard charter is. That's just how we do our business is that the expectation of staff would be to deliver a pretty much ready-made agenda to the mayor within enough time to make a decision to post it and then go from there. But I don't think that would go in the charter. It says, "Hey, the city manager has to provide it to the mayor 48 hours before the 48 hours." I Yeah, that that's how they just need to run their own day-to-day stuff. I'm with you, but I just don't think it goes in the charter. I I do think potentially this could cause tension on the board because and I won't be too specific, but I'm using a specific example where I know that there was um an item this calendar year where the mayor wasn't that wasn't happy with it,
but I knew a majority of the board was. And so we put it forward and it passed. And um you know it passed and and so um you know in that scenario you know you've you the mayor could effectuate that from coming forward um not with the if two people but then you're like so then I have to go to two commissioners be like I really I really need you guys to help push this issue and then and they're going to be like oh okay all right you know and I don't know I I I try to keep you You try to want to keep tension amongst them and it's another two weeks. Yeah. Before it can be read. If it takes two readings, it's another two weeks. It's the speed of government, right? I mean, we're already we already creep. Sometimes sometimes that's a feature not. Yeah. That Yeah. Well, that now that it's too slow at times. I would just say I mean I I first off, you know, Mr. Chairman, I completely agree with you that that one particular item. Um, you know, I that the way that went down was unfortunate and that we definitely want to avoid that. Um, and um, I'll just it wasn't me, but I'll take the heat for that one particular one. Ultimately, this all goes up to the city commission anyways. Y'all y'all feed it to us and we feed it to them and then it goes to the citizens. So, I mean, we're we're pretty low on the totem pole on said and done for us. I think they have a lot of confidence in y'all. Look at the caliber of the folks around here. They want you guys to do the heavy lift for sure. So, um yeah, I just um and I'd love to find out other ways that cities kind of, you know, kind of do that. Um but, uh I don't know. I I see um it is kind of interesting like almost create like the where the superintendent like doesn't report to the board, reports to the people, the men and women and children of Bay County. Um, and so that
the little it is a little different. I'm just from experience I since the mayor is like the chairman of the board, you might as well say. Yes, he runs the agenda. He runs the meeting. I would not want to be in that position with not having some influence on what the agenda was going to be. Well, I think you know, I said in one of our earlier meetings, I think I said I'm surprised that the mayor doesn't have any agenda. I think one thing we need to clarify is the mayor and the commissioners can add whatever they want and they can be moment. So, the deadline is Monday, Jan uh December 8th for the 16th meeting. Allan can put on there right now, hey, I want Jan Jonathan put under mayor. I want I want all the papers to be changed to pink and it's going on the agenda for discussion. By opposite, we're not going to want to tell him no unless they missed the deadline. We would do, but other than that, I mean, we have two years of history of putting a lot of stuff on the agenda with the prior commission. What what you don't have right now is individually the mayor being able to say, "Yeah, I don't like that. Take that off." now just directing me by him or herself. But at the beginning of the meeting, any of the five can be like, you know what, I don't really think we're ready to deal with item 14K just yet. I I would entertain a motion for us to either table it to a date certain meeting or to remove it until such time the commission votes to bring it back. And then the then the commission only takes three votes to do that at the beginning of a meeting. So they have the ability to add whatever they want right now as the five of them if they so want. Um and then they can remove it as a group and and honestly unless it's something really controversial I I they they all have influence over what goes on the
agenda influence for sure. We have do we need more discussion on this or do we want to move on or I mean I can make one more point. seems like we're go ahead and make the point. I'm curious what it is. You have competing policy concerns. Everything you're saying is true, right? Objectively true. The inherent flaw in that right now is that that's a disservice to the public. the idea of adding things to the agenda and things like that at the last minute, the the the to use your example that if the commission decides unanimously or not that at the meeting they're going to make the decision to paint Harrison Avenue pink, I me as a citizen would probably like to know that, right? So, I'm basing this all on the predicate that a decision has to be made 48 hours in advance to be able to tell the public what's going to be discussed at the meeting. So we're taking everything off the table of this amending the agenda at the actual meeting part. So then if if that's the baseline assumption that a decision has to be made 48 hours in advance, we don't due to sunshine laws, we cannot make a decision by committee. So then it has well I can't make a decision by committee. So it's either got to be a staff decision or a policy decision by the board. And since I can't make it as a board as a group, then I've got to make it as a board as an individual. That's where I'm at. I see what you're saying. Then my advice would be take it away from all of us. Absent a very clearly spelled out emergency. Nothing can be added by um at the you know after it's published. That's what we have. Yeah. That was you. We're on the same wiggling. That's what I unless it's in a bonafide emergency and would have to define that. Yeah. So use your example. So they go Yeah. But so so some commissioner goes I want Harrison painted pink as soon as possible. like it's going to take you two days, but we'll paint a pink on Wednesday, right? And then you go, "Okay, cool." And then notice the
agenda and and off you go. And then if a citizen says, "I didn't see it. We posted it 48 hours in advance. It was on the website. It was every I don't like you got to check that." So then you would remove the ability for anybody to bring even if it's a 50 vote. They can't add anything to the agenda unless it's that's for the protection of the public. So I think you could do that and and really just take that ability away from the commission at large. And that's what you're that's really what you're want to do is limit the ability of the commission, not really empower anybody, but restrict the ability or anybody staff or the commission who ultimately decides it to be able to put anything on the agenda after it's published with the exception of a truly bonafideed emergency and then spell it out and to set and to set a specific time. That's one thing that I think we've clarified. But the other is the point that I raised is pulling something off. you know that's done at the moment. Yeah, I'm fine with that. So that that's a little bit of I I well not you see my paper but I just through that sentence breaking out the mayor may remove Okay. So if the suggestion is we remove the shall prepare language. We remove the sentence that says the mayor may remove items and then we Nevin you can incorporate a reference that for states of emergencies governor declared however you want to define that. not not this is really important and we forgot to add this emergencies but like Michael's spinning up in the golf emergencies and yeah as a board are we okay with those changes and want to move forward yes I move to adopt those changes there second any other discussion all in favor so to your one of your other policy issues was to give the mayor a little bit more power have we done I think this goes a long way. I really do because it's it's removing some things that could make
the mayor appeal. Ron, let me ask you, did you feel like you could do more of if you could set the agenda or was that was that an impotent tool or was that I I don't think it it just mine was more of a um a leadership knowing that I was running the meter the meeting. I I wanted to know and that's just my personality. I wanted to know everything that was going to be and and he probably has enough time to do that now. You know, um we we didn't make changes to the agenda unless it was a bonafide emergency. Well, I can come with my experience with the with the league for the state league and we have planning. So, you just get a lot a lot of things that people want you to work on and that was the job of the president with the help of the executive director to set the agenda. So what we what we did is looked over everything and sense of timing of what things needed to be done and we would put that out and it would be a proposed agenda that we would try to send to the board members a week to 10 days out and we would say what else do you think we have to do and then they would give us and it was very uh elaborative but there was someone whose hand was on the helm that we took the time to read everything. The lawyers always consulted with, you know what I mean? We were very deeply involved and the rest of the board relied on our expertise and long-standing knowledge and that's how but we did make an avenue for everyone to join in. So that's kind of the balance that we had. But the power of setting the agenda is big and if it's done improperly, it can be a major problem. So, we're always assuming goodwill and the right people. And we've had a long time of reasonable good people in a different seats, but it just takes one person,
you know, who doesn't want to follow the rules. And we're kind of looking at that nationally, you know, we don't want to follow protocol. We don't want to follow. We're just doing this. We just made it up. It just takes one situation like that and you go, "Oh, I I have the same struggle when I thought about this. it there there's there's a balance between um putting so many conditions and restrictions and and things in the charter that you can't function and also trusting your electric, right? Because it's like, you know, at a certain point you got to you can have the best system on the planet and it just works great and then you hire monkeys to run it and it's like well this looks great on paper but y'all are it's you got the inmates running the asylum here. So um I have plenty of time. I don't know how you guys are doing on time. We tabled the issue of the election and the timing and the process. Do we want to discuss that today? Are we prepared to discuss that today? Do we want to I mean I don't want to exclude Brandon from that. Although it's a living document. We can always come back at it. You guys tell me. My thought process was I know that I'm on the opposite side of the vice chairman on this issue, but he's very passionate about it. I would feel better if he were here to have discussion of the book and I'm ready to discuss it, but I understand he's not here and he cares deeply about it. So, I think it would be proper for us to wait for him to be here to have the discussion about the timing of the election. That's generous. Admittedly, I adittly don't remember what his position was on it. He wanted us to move it to November. His email and his email. Yeah. Yeah. So, again, I understand. Well, are we are we on time? I'm okay. I mean, I have I have a 2:30, but yeah. Ron, are you open to discussing this? I mean, you had passion passionate thoughts about us too. You still more set your way now from one side of the passion to the other. Yeah. I I you know um you're talking about the timing of the election. Well,
have you finished com? Yeah, we voted that um combination of timing and process. If you want to do one either or either or sometimes they go together. I mean my November's fine with me. Um that really don't matter because I'm going I I haven't missed voting in an election and I can't tell you when. But I'm not like everybody else, you know. So um whenever you put it on the calendar, I'm gonna vote. But um November is fine. Um, I do want the 50 plus one in there like it like it is because if there's three people running and one pulls it off and gets a majority of the vote in the primary, it's done. You don't have to run again in November. Um, really that's that's my only that's my only only two things. I I don't like I think it was the Tallahassee that they all if nobody gets I mean the top two vote getters win. No, if I get 54 plus I'm done. So where you at JP? I'm one I still don't think it's something that it should be in the charter. I still think it's something that the ordinances control and that people should lobby their elected officials to change that if they so choose. And I also don't agree with moving the election to the general. U that's still yeah for the reasons mentioned last meeting. I don't need to revisit the easily. So I like the idea of moving into November. I'm somewhat persuaded if I have the 15 plus one, you know, because you have to balance everything. Someone's that popular. It's significant. and then the burden of running again, you know, and then the cost of it supporting that secondary election
when they've already demonstrated a high level of support from the population. It seems reasonable to and I I've fortunate enough to been on both sides. I was in a three and got 50% plus one on my first election and then the one I lost there was three of us and none of us got you know almost did but then by the time I lost that election by two votes it was you know it's okay God was good to me I don't it's fine into another situation so I've actually thought about this a ton and obviously there's no perfect system otherwise everybody would just do it so there's pros and Honestly, based on kind of the comments that Daniel made, like I I I I appreciated the whole like if you have your own independent election, you have a lot more not not knowledgeable, but more engaged voters. Um, and that it becomes very partisan if you're doing the general election, but you know, honestly, based on your feedback, it's partisan at the other election, too. So, you know, then then the counterveailing uh, you know, concern is I just have a hard time arguing against more participation is bad. I I just that just I can't get that through my head why it's like just more is better. I just I just feel that way. So then I'm like, "All right, well then if it's the general election and then the other part of it is I just like the finality of the general election. I just like it where Tuesday nights we know who won, we who lost." So I don't like the runoff process. Then honestly, I don't really like the primary process either. I just kind of like the show up, eight people, two people, I don't care. Whoever gets the most votes, you're the elected official. We do one day, Tuesday night, we know who wins and off we go. And so I'm in the aligning it with a general election and then just winner or take all at that point. No primary, no runoff, just plurality wins, off you go. What do you think about that? That's a lot of change. If you had four people and I get 26% of the vote and y'all got 25% of the vote and I win. Doug,
I don't have to get my neighbors to vote for me. I'm the one you win. You won your runoff. Are you the one your Didn't you get the most votes the year? You had three. Yeah. Yeah. So, you won. Yeah. I won. But I was one though, you know, and and worked. No, the one you lost. Oh, the one I lost. Yes. In the first election, you had the most, right? And then lost in the runoff. So, you you'd have won. Yeah. I would have won. Yeah. Yeah. I think I think the 50% plus one is important from a mandate perspective to coalesce people around their commissioner. And so I still think that we need the primary and then a general with the or if again 50 plus one. So that way you have people who yeah some mitigating circumstance there to get the person to mandate that they need to be the commissioner rather than having some type of fringe or radical person who comes in and gets 26% of the vote and we create a problem for the I get that and I know from like macro very macro perspective that has been an issue before. I haven't seen it be an issue here. To me, the the the the more likely thing that happens is you've got a uh somebody who gets 45% and then two other ones that get 15 and 20 or whatever happens and then you end up with this runoff situation and and it and for the most part, I think your election was by far the outlier. The person who got the most votes in that instance usually ends up winning and so it just kind of becomes academic. I understand. I think it becomes more of a problem when we move it to the general. We got more expensive elections with more people. I think it becomes more of an issue if we're moving into the general as a part of I think the unintended consequence of this which I'm just putting for the record is that you know we have the email from Mayor Branch talking about how his election cost $100,000. That was with a quarter or a third of the potential vote. That election is going to get significantly more expensive when you move into the general. the type of candidate is going to change and that's going to be part of it. So I think I would like the sort of a bull work of the
50 plus one with the primary as a way of kind of protecting what we have. Yeah. And I and I JP I do agree that a city election in some degree might get lost in all the other stuff that's going in the November. I do get that. Do you do the but if you get 50% of the primary you when a person has a mandate to D I know you raised your hand. Um I think what you're saying Ron is not a bad idea. I mean I'm not I'm not opposed to keeping 50% rule. I mean I think I think that's you know I mean if you get 50% you do have a mandate. That is a mandate. Um how however um okay let me I've got two points. Let let me let me ask you first what when you had said that that it could be more expensive in um November. What what is that based on? Based on the fact that if if you've ever you've run the campaign you you campaign. Yeah. I mean you've run an election. Think about that per vote. All of a sudden now you've got to get to a lot more voters. Certainly. Yeah. I'm going to need to knock on a lot more doors. You're going to have to expand the voter base that you're going to. That will make the general election more expensive for the candidate. Have we done a cost analysis of what it would cost the county or what or what it would cost the city? You know, I mean, the supervisor's office if they were able to consolidate it, would it cost us less or would it cost us more? Cost us less, right? No, it would save the city money, I think. Right. So, I mean, all of that money that you're talking about is from private individuals. Um, we have a cap on, you know, in individual donors that says that you can't donate over a thousand. You wouldn't get pack money in here. It wouldn't be something like that. I mean, you you could potentially see more of that, but we already have guards in place to prohibit stuff like that from happening.
um you know if you if you take away the prim I mean the 50% rule I think you leave yourself just like what Ron said if you have four people and one gets 28 you know that I don't know that that is a good representation of of the district. So I think in that sense the runoff uh process is important. Um you know we've kind of muddied it but you know I I think we're all in agreement that more turnout is good. You know that November might not be you know horrible just about what that could look like. And I think keeping the 50% is not a bad idea. That's pretty much all I got. And when you look at on the um national scale just just what you said I mean uh this would um um reduce cost for the city and for the county because of um resources. I mean big states like Montana um have made the changes in in recent years and they have seen increased um turnout and less spending on elections. So I just curious how much does it cost to put on an election? I know we're saving money. It depends what you're asking because how much does it cost to put on a collection for the city? Right. Right. You know, Jan I think it's about 12,000 $13,000 back. That's not as much as I would have expected. But yeah, because we were grouped with a whole bunch of other uh municipalities, right? We vote with uh Mexico Beach and um I think it's down to just two Haven. I feel like it's a little bit more than that. We can confirm, but it's not $100,000, right? I'm not going to say 12,
it's 14. Well, it's 14 in that. I mean, no. Yeah. Then is there feeling about I appreciate what you guys are saying. I don't necessarily agree, but I I appreciate what you're saying. Would would it do you feel uh better about a primary and then a result of the general or do the general with primary with the because that way they could tie in with an election that's already happening. There will be a gubernatorial primary August November I think something like that and then you then you primary with that people will be going to vote for the governor and their local just put it on there and then have it with the general. Yeah. So then is is there alignment about the putting in the charter to have it aligned with the general election in November with a nominating I keep saying primary but a nominating process and then if at any point they get 50% then they win. I'm still against this the whole way through. It's just your compromise. Yeah, that's completely fine. But I I will still again I just want to my Cassandra moment here. Um that the unintended consequences of this will result in the exact opposite of what Listen man, if you want to if you want to be the first person not to vote unanimously on the issue that's this is true. This is why why did the commission not see that through to move it? Was there a reason? Yeah, they had meetings and they had Yeah. Was there underlying that they oh we have a charter committee coming we'll let them decide or was it um um commissioner well there couple of things but I know commissioner street couldn't make the he was the one that had really championed it and he couldn't make the meeting when uh it was to be voted on so they just chose
not to vote at that time there was um there was some controversy about it and they didn't feel strong enough to really kind of work through the whole issues. There wasn't it there wasn't a clear message about why they didn't want to move forward. Some felt it was targeted to them because it dealt with shortening terms. See, so it wasn't just moving to November. It was do you lengthen the terms or shorten the terms? And some felt that well maybe the shortening the I mean who knows? But it it was a combination of both the date and whether or not you lengthen or shorten the term. Do we need to talk about whether that is you shortening and lengthening? I mean it's going to if you move it is you know two or three depending on when it happens are going to you either going to give them more time or you're going to shorten their time. There's no way around it. And you still have an you still have an election in 2027 that will happen no matter and either shorten by six months or lengthen by your charter changes 18 months. The the only thing I would point out for the board to consider is, you know, look at the percentages. I understand you you work hard, you get 52% in a three-way race in August, but a lot of times you're looking at a third to not even half of the number of voters in August. And so, and only thing, you know, and I, you know, in order to be to truly keep it nonpartisan, it's not a political secret that we're in a very conservative county. And so a lot of times uh our local Democrat and NPA folks aren't driven out as much to turn out in August because there may not be a nominating primary for county commission or Congress or or what have you. And so you you might
see, you know, you're always going to see more turnout in November, whether it be a gubanatorial year. So I understand the 50% plus one. And yes, I would love to not have two elections, but you know, most offices do require you you win some type of it does get narrowed down some way. It's kind of a one-twoep process. So, you could potentially have like look at August 2024, only 25% turnout that I don't know that that necessarily captures what it seems like you guys are wanting to. That's the maximum number of people weighing in on who sits in a particular seat. And so I think the the so then the only option is is if you don't want to do two races is is in November, but you could you're going to have a lot more turnout, but someone could win with 26%. Like Mr. Zimmerman mentioned the uh county commissioner Doug Moore where you had six candidates. There were all six Republicans. So the election basically was determined and you know in one election and they were all clustered together. Um no one I don't even know if anybody got over 25%. And it was less than 25% because you had six. I want to say it was like 21, 20%, 19%, 16%. Right. I think some would make the argument that really those top two should have gone so that someone truly did, you know, represent the majority of the people. So, it's great if you've only got maybe three candidates, but what if you have like five or six? I don't know. I just pointing out that the August turnout's pretty low, too, uh, compared to November. So, are you for the 50% plus one or get it? Are you are you asking me ma'am? Yes. Um I if if you're going to have uh if you're going to keep it in the odd years of the spring basically without changing it I think it's fine to do that because you have a very similar amount percentage-wise and
group of people turn if you're going to move it to August and November aligning with the gubanatorial the presidential year your your turnouts are significantly difference and what I mean by that if you look at April and May in this in the off years your your turnouts are very similar. But if you move it to August and November of the even years, August is is way less than November. It's it's more than half and it's almost a third of the presidential year. So So do we I I'm just making sure I understand. Are you supporting the 50 plus one? I'm sorry. My personal opinion is that the candidate who represents us should always be selected in November of an even year. That would be my personal opinion as a citizen. So just how because there's more no primary. I mean, you could I mean, I if if you're concerned about someone winning with like, you know, like in the 20s because you have a lot of people, then I think having having an election in August and then the top two vote getters are what the larger turnout considers in November. Tallahass, like Tallahassee. My personal opinion is is I think Tallahassee made the change and then realize, hey, we really need to we really need to shift this to be decided in November. And and I think, you know, I think we should learn from what what they've experienced. And I think that that to me those numbers and how that works, like that's that's not a partisan issue. I realize that Lyon County is very different than we are politically, but when it comes to just math, math is nonpartisan. But I I hear what you're saying because the NPAs are a third now of voters and they often don't have a candidate, you know, in the primary. They're not necessarily stimulated.
They come out in the primary. Correct. Yeah. In August, but they're allowed to vote and they're encouraged to vote in November. So we could be inadvertently penalizing them or just not taking into account the pressures and incentives on them. Yeah. Then by focusing too much attention, giving too much authority to August and that would mean that don't rely on the 50 plus one in August because all the people who don't have a candidate may not come around. Yeah. So you take the top two vote getters regardless of their percentage and then they go to November. I like to win, but I like to win fair and square. So I wouldn't want to see I wouldn't want a Democrat county to be accused of scheduling elections that benefit the Democrats, nor would I want a Republican county to be accused of scheduling votes that benefits the Republicans. You know, just aligning it and keeping it like and again, I think Tal I think we can learn from what Tallahassee did, you know, 20 years ago. I hear it. So that changes my view. So where does that leave you? Me uh Jen, I think you should go to the second election because this is this discussion that we from my past experiences, we've been watching the NPA's grow and grow and wanting them to be involved and excited about participating, but they're often blocked out with the the different setups throughout the state. So this would be a way to bring them in. You're suggesting the runoff structure. Yes. Thank you for clar. Yes, ma'am. You're very welcome. November election with a runoff. Do you remember what um August November election or takes? Yeah. Oh, yeah. Let's clarify. Yeah. Yeah,
please. What's the proposal? No, I Well, I'm I'm I think I know. No, I don't have one yet. Um, if yours is a November election, winner take all or top two. If if there's nobody gets 50%, there's a runoff. Or I think maybe the Tallahassee suggestion that if there's only two, you move them. That's I did. Thank you, JP. I think that's what that's if only two people qualify or that then then there is no August election. There's no August election. It's two people and that and you go directly to November. as they respect more than two, you have an election in August to determine who those two will be. What he said. Yes, that's Thank you, JP. I totally forgot about that. If only two qualify. Yeah. So, the final decision is made general. Yeah. I mean, that's consistent, Mr. Chairman and board, because right now, if you qualify to run as um either county commission or for Congress as a Democrat and there's no other Democrat, you go straight to the general. If you're a Republican and no other Republican qualifies, then there's no primary and you go straight to the November ballot. That's consistent with the state national elections. But would it be top two regardless move on or if somebody gets 50%, they automatically they win? Primary if there were three in the primary, there's three candidates, okay, and they get, you know, 40 30 does do the well, in that case, the top two move on. But if it's 60 2020 60 2119 whatever I'm moving to having a second election because NTA's are so just top two regardless of votes move on to general so the language is in Tallahass do we have all what's the proposal I don't know I can't remember what um I know Brandon wants this in November
I can't remember where he was on the um runoff primary system. I Yeah, I don't know. Yeah, I don't know if he was I want to be very clear. I don't know if he was comfortable with it being decided only in November without anything in August, but I do know he felt strongly that the final decision should be in August. November, sorry. November. Sorry. Yeah, November. So, um I I can't speak to whether or not he was okay with like, hey, eight candidates in November and you win with 17%. I I don't know that I've had that conversation with him. So, if I'm counting votes here, Ron is in the I guess we're all in the camp. Well, hold on. JP's in the doesn't go in the charter camp and Ron, all the rest of us are in the It should go in the charter and it should be in November. Ron's in the primary and if you get 50% you win. Cecil's in the November and top two regardless. Move on. And don't know where Brandon's at. And I currently where I'm at is November. We're going to take all. Cool. Clear consensus. That's fine. And you've been reading this. Very good. Good job. There we go. Nice job. Um, obviously we're not going to agree right now. is that there's no need to force this issue right now. Let's have Brandon come back and then we'll figure out what other kind of negotiating chips we can have to uh get some language in here to get JP off. I think I made my position from the beginning against it, but he's going to help everything. everyone. Sorry guys, Daniel raised his hand and I said I'll get to you and then I just I didn't
mean to, you know, interrupt, but I just wanted to say I think I've changed my mind on the 50% rule. I think Jonathan is swaying me on this. The reason why I think is that you know kind of what you said is that um you know if you didn't I learned um at Florida State that primaries are are the most partisan elections that you have because uh the people that are most interested you know and then pay attention the fringes of each party do primaries. So, I think exactly what you said is that if we did not if we had that 50% rule in there and you had half of the turnout that you had previously, you really wouldn't be in, you know, introducing the two-party system into that primary. It would just be, you know, whatever is the, you know, the fringe populist, you know, opinion. Uh, and ultimately, Ron, while I totally agree, I uh, you know, you've run, I've run, too. I would not want to run again, you know, a second time. But ultimately, I think um for the citizens, it benefits them um more even if it does hurt us as candidates and we are, you know, a bit more um tired. But I think, you know, the trade-off that we get with more turnout uh in November, if we allow the top two to move on, just like what Cal and Jonathan have said, you get, you know, much more of a And like I said, how many threeperson races do we have currently where um or more than three where it doesn't have a runoff anyway? You almost always have a runoff when there are three because it's hard to get that 50 plus one. That's all I heard. But great discussion everybody. I mean Yeah. Yeah. Um we all get a college level master's credit. Made my head hurt. So if we if we kind of stick to our script, let's just a couple things here. So Nevin, I'll I'll
send you what I did in a word doc. And so that'll just make it easier for you guys. I'll send that to you when I get back to the office. Um, and then I guess any other stuff that we have for staff directives. I guess I don't think I didn't write anything down of any information we need or anything like that if we do some responses. Oh, on the resident definition and plug that in there. Yeah, I mean it's he you'll find out. Um I believe on our schedule our next discussion is basically on the officials that report directly to the commission. So be the city manager, the city clerk, and the city attorney. And so we'll discuss those those provisions. What's the date for next? So, it is January 8th, but I I'm just looking and I I know Nevin and and Jan schedule pretty good, too. You know, if you guys want to try to squeeze in something uh the 17th to kind of finish up some of this, that's something we could support or we just wait until Yes, ma'am. It's two weeks away. We got plenty of time to notice it. If you want to try to catch up some, my hope is that Brandon would be able to attend it then or we just stick with the eth. I just want to throw that out there for your consideration. Are we are we behind schedule? I I I don't know. I just I know that there was y'all. Yes, we had we had that one like extra meeting in January, right? That's true. I don't I mean I'm just just throwing it out there. So, well, one of the benefits of having the sooners I think we might remember with JP's help, but that's what I think. Yeah, thanks JP. Um, you know, it's more in our minds because we've had a very robust conversation today and you know, it'll be easier for us to jump off and finish it up. That's one benefit.
We're moving closer on this 17 work from what day is 17? It's a Wednesday. Yeah. At all. Okay. Maybe. I'm a maybe. But don't don't let that Well, you said don't let that keep you from having a meeting, but I have I have a try a case in Pensacola that week. I don't know. So, you're just not available that week. It's hard that week, but I depend. Is the 16th better than the seventh? Just settle out of court. Unfortunately, it has to go have I can't settle some. The 16th would have to just be in the morning. But but the se because we have a community and that's the only reason 16th. Yeah. I just want to that week is difficult for me but you know okay if there's if there's a strong desire to meet we can make it work I'm in the camp of I think we're fine with if we I didn't notice that we had two meetings in January so I think that that's probably I think they'll just have to have more meetings next year just was floating that idea all right so our next meeting is January is that eight correct January 8th All right. Well, and January 22, right? All right. That sounds great. Okay. Um, we'll talk about what's your Yeah. manager attorney. Let's bump in cl on that too. Sure. That'll kind of work together. Okay. Um, and then anything else to discuss? Can I make a personal plug? My daughter is Cindy Luhoo in the theater show coming up tonight, tomorrow, and Saturday and Sunday. So, please go check her out. It's at Bay High. So, it's it's it's an adult theater production, Panama City Theater production, but they're doing The Grinch. And so, she's singing good. So, y'all go check her out. That's such a great experience. What time is the
show? Uh, tonight's at 7:00, tomorrow's at 7. Uh, just go to Panama City Theater Company.com or whatever it is. Just Google Panama City Theater Company. It's on there. And so, yeah. Then, Saturday morning at 9:00 and Sunday afternoon like two. Are you the Grinch? That would be very proud of her. We'll be a journ. All right. Thanks, guys. All right.
This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.