Charter Review Advisory Board - Regular Meeting
The Charter Review Advisory Board discussed the roles and responsibilities of city officials, particularly the City Clerk and City Manager, and voted to adopt Option 3 for election timing, aligning city elections with state and national elections with a top-two primary system.
About this meeting
- Government Body
- Charter Review Advisory Board
- Meeting Type
- Charter Review Advisory Board
- Location
- Panama City, FL
- Meeting Date
- January 22, 2026
Transcript
58 sections
Okay, good. So, all right. Uh, for those we had some technical difficulties. Um, all we missed, all you missed was the, uh, prayer and, uh, and the pledge, Mr. Chairman. Okay. Now, we can call the RO. Chairman Berg here. Vice Chairman Henderson Jansenius here. Miss not here. She's on the way, we're told. Ma'am, she's on the way. Good. Mr. Dancy, yes. Mr. Pereira, here. There she is. Mr. Chairman, you have quum. Straight from the bathroom. Thank you, Mr. Prayer. Pledge, we had some technical difficulties. We just called roll. So you're you're present. Yeah. Me, too. Think we're good. All right. Um, so I'll motion that we approve the minutes from January 8th meeting. I say discussion or debate or you want to see anything that we needed to correct? Um, all in favor? I think Kyle and just I guess mark me down is abstain. I wasn't there and I didn't watch the video so I trust that it's accurate but I just don't make sense. Okay. All right. First thing on the docket is the little introduction to governmental accounting that I've prepared for the commission. It may be a little bit basic for this group. Um but you're welcome to ask more questions. Um presentation. Okay. Should be powerful.
Share my screen. Share that's coming up. All right. On the board here, Frank. What's the context for this? Do you know the account? Yeah, I just a brief an introduction to governmental and accounting so we kind of get a better understanding of what our city clerk is doing. Um there was discussion last time discussion whether the city clerk should roll up under the city manager. They have shared responsibilities for finances. So Jonathan has accountable for financing but she reports inside of the city clerk program. Okay. Cool. Okay. So the concept of governmental accounting is similar to think about a conglomeration. Um so you have for example Yon Brands and General Mills. They have smaller companies that roll into their umbrella but those are all like food products. So, think more of a government as a like a Birkshshire pathway kind of company that has a more diversified subsidiary. Um, they're semi-autonomous, but they ultimately are controlled by the parent. So, under the city of Panama City as the parent company, um, the city manager would be over city operations. So he controls the brands which are the equivalent of FR funds or departments. City clerk is over accounting, official records and cash collections for all all the brands. And the city attorney is over legal and contractual for all the brands.
mute. So, next is the city basically the city brands that we're talking about. So, the general fund uh these are all the departments that report up to the general fund. Um the commission manager, attorney, clerk, budget, purchasing, human resources, logistics, land use, engineering, public works, facility maintenance, police, fire, streets, parks, culture and recreation, and we have some miscellaneous um cost centers as well. The infrastructure sir tax fund is just for the collection and dispersement of the infrastructure s taxes that the city receives. The community rede re rede the brown is the uh our special revenue funds um community redevelopment agency has four areas the St. Andrews area the downtown area the downtown north area and Millville then we have a um we have an allocation an automatic allocation from the um from the state for uh actually from HUD for the city ship. Now ship is from from the state state housing initiative program and then the housing and community services has an allocation from directly from HUD. Um next in the green is the debt service funds. We have five governmental debt service fund debt services. Um those are listed there by service. Uh so the the debt service funds are are only exist to service debt debt payments. So they're only there to pay the principal and interest on debt. So the loans and things that the city took out to do improvements. That's correct.
And that's only for governmental funds. So everything above is governmental. Everything below is enterprise. The enterprise fund. Where does the community redevelopment agency money come from? that is actually in increment financing from this uh county bay county and from the city panel that doesn't flow from the federal government. No, but a special revenue it can only be used in those areas. You might be thinking the the private banking financing CRAAS that Yeah, I was two separate. Yeah, these are more Florida, county, city entities versus the private banking finance from the feds. Are do they have the exact same name? They both have the CRA as an acronym, but um community redevelopment agency is the same Yeah. same name that goes through the banks. Yes. So, there's a federal program and then a local state. Is it the same program under two different hats? No, the the community development act is a is a banking finance deal that's nationwide. Community development agencies are are hyper local to municipalities and counties and so they're individualized by the local depending on the ar agreements made by the local but yeah depending on the agreements but it's a there's one that's a I'm sorry the CRA at the federal side is the community reinvestment act. So that's that's where you get that's those affordable housing dollars and subsidized financing for homes. Community development assoc administrations or agencies are uh products of local municipalities andor counties in the state of Florida but not the state. No, only within the state of Florida. And there's different CRAAS in different states, but ours have their own specific rules to to the state of Florida.
So where the federal money for housing goes to HUD, the housing and community services. Correct. Yes. And those community reinvestment act dollars flow through HUD just like the community redevelop I'm sorry the community uh community development block grant funds through flow through HUD, but those go to entitlement areas in the state and in those communities. So we actually administer CDBG dollars through HUD locally annually and we got some of that money after Hurricane Michael is and there's a DR designation on the end of it which means disaster relief and that's that all that money we got after Hurricane Michael for housing. Is there still some left um infrastructure infrastructure but the majority of the housing money came through another set of acronyms HHRP which is hurricane uh hardest hit. Yeah. Her uh hurricane hardest hit recovery program. Yeah. Hurricane housing recovery program or anyway you're we're half right. Get it. The number of acronyms right now is confusing me and I've got dyslexia too. So um but those are dollars as a result of a a federally declared disaster for h housing relief. Hurricane housing relief program. That's Is it okay to stop the questions? Because I was just realizing questions was piling up and it wasn't going to make any sense. Questions got my acronyms jumbled. So everything red and below is enterprise fund which means they're funded by user user uh fees um and their debt is included in their funds. So the utilities fund for example they'll have debt on um state revolving loans and they have another debt issue um that was issued some years back. Those are accounted for inside the proprietary funds. Uh the only the governmental funds are in these debt service
fund area the green boxes. So in the enterprise you have utilities fund, environmental services fund and the marina's fund. Uh the equipment maintenance fund is an uh self um self uh internal service fund sorry and um they are funded by contributions from the other funds that they service. Now what's not on this screen is another half of the city's um revenue and expenditures which is the grant funds including FEMA capital project funds, pension funds and self- insurance funds. These funds are not budgeted annually. They're budgeted on a separate basis and approved by commission separately except the pensions are self- sustaining. So we'll talk about the color of money maybe a minute the laptop. There you go. Oh, there we go. Thank you. So the color of money in the blue is uh the general fund that's funded by taxes, property taxes, gas taxes, utility taxes, communication service taxes. We have sales taxes, franchise fees. We have state revenue sharing charges for services, investment income, license permits. We have fines and forfeitures and transfers. Anything that's not required to be accounted for in a separate fund falls into the general fund. The infrastructure certex fund as I mentioned is funded by the infrastructure certex. Uh that's a sales sales tax. Um community redevelopment agencies are funded by tax increment financing from the city and Bay County. They also have investment and grant revenues. This ship is the state housing initiative program HUD for the housing and community service that
has service funds are are funded by transfers and one has invest investment income. It has a portfolio that's invested. Utilities funds uh are funded by charges for services, impact fees, loans and grants. Environmental services funds basically just charges for services and and interest. and the Marina's fund. We have the St. Andrews and the downtown marina. And as I said, the internal service funds are funded by the other all the other funds that use their services. So the equipment maintenance fund is like fleet. So the fleet fund would be funded by utilities, environmental services, the general fund. Those special revenue funds should not be funding any fleet except for maybe the CRA might have a might have a vehicle. Is there any co-mingling of funds at any time? Um the co-mingling though that that is the reason why we have all the funds because because the uh the funds are separately accounted for. The money is all in one bank account but but the revenues and expenditures are separated and and not co-ingleled. They're all separated into these funds. So, the cost of doing business for the city. Um, this is the fiscal year 2026 budget, adopted budget. Um, for personal services, wages, overtimes, insurance, taxes, uh, 55.6 million operating expenses, fuel repairs, uniforms, utility supplies, um, liability type insurance is 53.3. Capital outlay is the big the big vehicles, buildings, roads, lift stations. That's 8.2
million. Debt service 17.5 million and transfers 14.2 million for a total of 148.8 million, excuse me, in expenses. So when it says capital outlay, is that repairs or something new? No, that's those are so the definition of a capital outlay is it has to extend the useful life or have a useful life of more than two years and cost more than $5,000. So it is could be a repair. No, repairs would not be considered capital outlay. Well, what give me an example? So there's a lot of um big um uh uh equipment like at the wastewater treatment plant. If that is a replacement at the at the wastewater retreat treatment plant, it would just be a repair regardless of the cost. Who sets the cap for capital outlay? State of Florida. Okay. So it's something new. Is that what you're saying? No, it's not new. It's a replacement part. A replacement rather than a repair, right? No. Well, it's a it would be qualify as a repair. So, but just to keep us on track, we don't if we have questions about this, we can kind of come to you separately, Jan. Absolutely. Right. So, just understanding the structure of what you're reporting, right, inside of our finances, not the dynamics. The dynamics, the city manager is ultimately accountable for that, right? uh the the clerk is accountable for that in the financial statements an audited report but not the how this is the here I do the capital finances I would decide whether it's capital or repair she doesn't approve finances though finance expenditures come through you on the approval they
do but she gives final sign off uh to execute the check and they you know might need clarified or might determine, hey, you know, you know, this this fund was used, we disagree with that. We need to make changes to it. Final signup or, you know, hey, this was, you know, this per this this purchase was, you know, can you get clarity on this from either the director or the manager because I just want to make sure that it was a legit legitimate charge and they do ask questions. Her and her accounting team do. Okay. So I think that's where the final the final enter button is on her though to issue the check. Correct. That's where this conversation come from because inside of the charter the lines are blurred for who's accountable to city finances. Right. So we talked last time about who's reporting. When I look at this there's a $2 million deficit. Like who's accountable for that deficit? If you sign off on the budget and she's keying it she's reporting on it. this the I was just getting ready to talk about the dep the difference between the expenses and the revenues are the reserves. So we cannot we cannot submit an unbalanced budget. The budget is balanced. The the difference is the um the use of prior year reserves. Okay. And that's where the difference lies. And we were just talking about limitations about one fund to use. Does that come from the state or is that in the charter? That's generally accepted accounting principles. If that's a very subjective statement though I know generally accepted accounting terms well there it's a gap it's a yeah gap principles it's a four there's a whole but I don't standards the government accounting standards board to set the standards on how governments account for and
report their accounting um That's ultimately who determines whether your statements are and that's where I'm at fairly who's reporting on it, but who's accountable for it in terms of the charter? Who's accountable to execution of this budget? Well, what do you what do you mean by execution? I guess is the like who decided or Well, who's accountable if we go over budget or if we come in under budget? And what did that look like? Is she accountable or is the city manager accountable? Well, I would if we blow through the budget then I mean there's a lot of people that will be accountable. I mean the specific director will be accountable. Um you know I mean everything is broken down into different funds and so we're regularly monitoring that. So um can I ask maybe a question because I think maybe this is where you're trying to go with this. So like start super high level. Does doesn't the commission establish the budget? They they approve the budget. Well, we set it. We said it. What do we set it? Like we we present we craft the budget based on commission approves it correct. They have the final say on what the topline number is going to be and then by law revenues have to match expenses on budget. That is correct. Great. Then the next step's going to be down is there's going to be a certain amount of allocation to different departments. Right. That's going to be laid out in the budget. Correct. Okay. So then within that there's going to be certain spending authorities that I I know it's not on the charter. As a matter of fact, I've talked to Cole Davis as the Panama City Beach attorney and they have limitations in their charter and he says it's really hard to function because there's certain things. So maybe can you walk walk through that process like who at at what level does a does do do paper clips get purchased and then Great question. So the way it works is we have uh we have a a policy basically that is adopted through resolution. It's the purchasing uh city's purchasing policy and procedures manual.
And in that you have um uh you know the the things that are spelled out. So you have a budget and you know and the director puts that budget together with his or her team and then there's different spending levels that are authorized. So directors or department heads including Miss Smith are able to spend up to $20,000. uh assistant city managers are able to spend from $20,000 in1 cent up to $50,000 and then I have the authority from $50,000 and1 cent up to $100,000 once it hits $100,0001 it has to go to the commission doesn't pass go doesn't collect 200 bucks the next question would be and I'm just s pick some department out pick any just tell me one yeah quality or parks and wreck all right so parks and wreck has budget. And what would be the the check and balance if park and wreck just they blow through their budget by going, you know, they're they're spending $25,000 a clip and it goes through their through their their allocated amount, then who who at what level does that step in? So, you know, every week when there's cash flow out, whether it be for payroll, whether it be for expenditures in the field through a purchase order or through a purchasing card, you know, all of that goes through the systems and and our we have a budget manager that reports directly to the city manager. Um, and she is literally monitoring the budget, I would say hourly, but I don't know where but ultimately No, I'm saying but she would c she would catch something. It would go on your go to you. It goes to me and you go to parks and recck saying, "Hey, wait a second here. You're you're you're going to walk through. We're 68% through the year and you're already 80% your personnel budget. What is going on?" And we would, you know, you you're on a path now for your whole department to be over budget. We're going to have to course correct. So then you are accountable. If it's the process reports to you, you're accountable for execution of that process, right? She's accountable for just reporting. if
there were potentially inappropriate expenditures or expenditures that weren't coded right and need to be addressed in that. But the actual because see that's key to make sure that we're able to track. Yeah. But just to be clear, so if if you if you say as the city manager, we're spending $60,000 on XYZ. Jan's not going to say I'm not cutting the check. That's not her authority. If it's if it's Yeah. Correct. Unless it's something that wouldn't be appropriate, which is obvious. I'm I'm assuming everything's on the up and up. Okay, you have to look at the worst case scenario. That's why her being ability to say no is important. You know, again, we're looking nationally. Nobody wants to say no to the executive. She has the capacity to throw a rock in the put a thing in the spoke. Let's look at it more carefully. I think it's been wrongly categorized. That is a second set of eyes. I'm talking about two different things. One is I'm just trying to understand the status quo. I'm not trying to change anything at this point and I don't even know if something should change, you know, but right now the way I'm hearing it, Jan, is is you not your own department, but I'm saying when somebody asks you to cut a check, when that person makes that decision, you cut the check as they're being fraud or something, right? Yeah. If it's valid, it's a valid expenditure. This is for the sake of argument. We're not doing it's a valid invoice and it's a valid expenditure. I I'm hearing it differently. I'm hearing that her expectation is things are going to be appropriate and they have been, but if something came up that wasn't, she has the authority to stop it there. That's all I want to say. 100%. You stopped she stopped. You're talking about if if if she doesn't agree with the expenditure or that she's indicating some fraud or that any of those things. It doesn't have to be fraud. It could just be someone's simple mistake. if she sees something and he said it about 10 times to both of you. He said if she agrees with it, she just writes a check. She has the capacity
to disagree. I don't think she hold I want I want to understand this. This is California. If if if Jonathan has a valid invoice and he and it's within his spending authority and and the boxes are checked and it's not fraud, Jan's going to cut the check. I don't think she's got the discretion to say this is dumb, Jonathan. No, I don't. I I have no operational authority. Let her finish. Go ahead. So So if it's if if the check that he's writing to pay someone is an operational uh type of decision, then that's his decision. I would not stop a check from for that. But I get checks with inadequate documentation or uh an invalid invoice or an invoice to analy she has the capacity to check that everything lines up. Not that it's fraud. I mean that's an extreme. Just that everything has to line up and if it doesn't there is the system is set up for her to have that the records be corrected. And it could have been a mistake on the part of the city. You know, it could be had the capacity. Formalities aren't there, then Jan would stop it. But if it's if it's just a subjective decision and the the eyes are dotted, then she'll cut the check. Yeah. If it's reasonable within the scope of my budget, then yes, she's going to approve it with the proper documentation. In the org chart we saw last time, there were some departments that were under the city clerk. So does that work the same or in that case if there is an issue do you deal with that issue like he was bringing up you're spending too much money does that still go to the city man they they tell me and I would bring it to his attention but you wouldn't handle that he would do that that's correct unless it was my department yeah but so those departments under the chart that's your responsibility that's correct so there's a set of them that you are kind of in total control that's correct you would be analogous to a direct even from the department
under her department that are under her she's not accountable for this manager's accountable that's where this shared responsibility you can have finance as a shared responsibility but you can't have finance as a shared accountability unless you're firing two people at the same time and you might but at what point does it roll up to you should have caught this in a finance from a budget perspective where the departments are rolling up information right this is something so big and it's so blurry inside the charter. This is where what you brought up. Should the city clerk be accountable to the city manager? Because the dynamics right now are not. So the dynamics is is that they are peers and she's accountable to the commission, but the finance side of the world there's too much and this is a lot lack of clarity has gotten us over the last 10 years. I would just say this from from my perspective. In order for us to defraud the city, Jan and I would have to be in cahoots in my opinion. That's what it comes That's what it comes down to. The independence of the city clerk, I think, is the ultimate goal. Yes. So that it's not someone that he can fire. Exactly. That's I think what the that's I think the purpose behind Yes. where they split it. Besides that, it's really really important and it's not insignificant. And I think just from a practical matter from what you're talking about procedurally, I've seen Jan hold up many checks and payments for procedural whether there was an there wasn't an appropriation for it or a budget amendment. So to to actually amend the budget in that year to appropriate the dollar the spend there wasn't an appropriate budget transfer. I think on the back end we recode things to match the GL the way they should have come out. Um, and and even from a a mileage reimbursement, like the director's like, "Hey, here's my $250 like PDM reimbursement for this trip I had to take." Well, she's like, she'll kick it back and say, "Well, you can't sign your own." You know,
that type of stuff. What I think for perhaps what you're doing and this is probably going to go more discussion section is that we've got and I'm going to remove the natural that has departments underneath this and every other department had this check of the cler and then they roll up to manager. So there's this like independent purse strings yet there's also these obligations that are underneath pur strings as well and that if for some reason somebody was doing something not really egregious but just over spending then at that point it doesn't city manager could city manager team that that department but the budget manager would alert him if I go on budget the budget manager is going to alert him but but I think what brain is saying is that we're talking Jonathan can hop pop and all that other stuff. But as far as any sort of like actual accountability that would roll up the city commission. Yeah. Well, that would be his responsibility. Yeah. Yeah. I mean, if if her and I were at an impass when I felt that something was legitimate um and she's like I don't think it is. I would we would have the city commission would have to decide that. But I think the the specific example that Brandon was talking about was if in her department where she's like a department head or director if there was something untoward or questionable there not personal view just in that function um would the city manager have the ability to treat that um department the way you treat other departments? Yeah. For example, you can clock in and clock out from your phone. some of our employees are hourly and if I was if I was if it was determined by payroll or IT that not payroll sorry um HR that someone was like clocking in from their house uh that would be brought to my attention and to Jan's attention because I'm the personnel director
for the city even if it was that was person under her. Yeah. So you do there is a duality because you can work over her. That is correct. The only city employee where I basically have no say in their time or time off or how all that works would be Jan Smith cuz I'm the personnel director. Well, he's not a city employee. So, Jan and I are on contract with the city and we are paid in same manner as the city employees. Our benefit options, all that. The city attorney is is a contractor. All this information is good and and all the staff reports are good, but I think we're in the weeds and we don't need to be as as the group that's looking at the charter. Maybe we need to bring some guard rails to the charter, but all of this really is not charter related. It's it's in the weeds. Um, you know, what would be that what what we need to be talking about is we've got the city manager done. Now, should we have a CFO that reports to the manager or keep it the Well, it is and I've already said in in previous meetings, you know, because we've always done it this way is may not be the appropriate answer. And so, that's where the charter comes in. All this other stuff is good information, but it's not charter related in some degree. integrity of the charter. Regardless of who's in the seats right now, the long-term investment of whose work part is not clear, the accountability lines are blurred. We have an opportunity and a and an obligation to the city to review this and to say how do we provide clarity and do we need to, right? And should we? My vote is that we should we absolutely should clear the lines of ambiguity. It can't be vague and a lot of it is vague and I get that but the charter should not
have roles and responsibilities and all that is you know it's I agree but I I also think it's it's hard to do it on a 30,000 foot level if you don't understand it a little bit conversation. Yeah. No, it's great information. I I just it's just me. I mean, I did my homework and I read all this stuff and it's important for a decision that's got to be made, but I'm going to be blunt. We shouldn't spend an hour and a half talking about this and not even touching the charter. And that's what we're supposed to be doing. Fair enough. All right. So, what about 6B? Are we are we kind of already segueing into that? I just provided the uh my duties and responsibilities and the code of ordinance sections uh to kind of give you an idea of what last last meeting there was some discussion about well that's in an ordinance and this is in the this is in the charter so I printed you some sections from the code of ordinances that might be pertinent to your discussion um and then you had requested our contracts so I added uh all of our contracts And then um that was the that was the end of my uh section of staff reports. Um Jonathan has included the salary information that was requested. Um and then uh Mr. Zimmerman and his team have the options for that were the like the menu options that were requested um that you'll probably want to maybe deal with when we get to those sections. But um yeah, everything everything that I pro provided for you about the clerk's role and the code ordinances was just for information purposes. You had requested an a a little uh 10 governmental accounting 101. So that's why I presented it with my section and I'd
be happy to answer any questions you have, but I think you're right. I just it was forformational purposes and just so you kind of get a feel for the difference between the charter and the ordinance because that's it. So we talked last time about the you've got the city manager, you've got the city clerk and city the attorney written inside the charter and we want the descriptions to be uniform and they're not. So if we look at the city when we're talking about city clerk now did something happen inside the charter that made the city clerk the finance person they have it's why so much longer right how do we consolidate that how do we clear the lines well let's do this do you mind if we do audience participation and then we'll I mean that I mean that's going to be number basically nine 10 and 11 I think are going to be connected to the other so Um, where do our audience go? I'll look down for one second. The only ones online, sir, are um Miss Ward and Mr. Cal, the SOE and deputy SOE. So, um, is it Brenda? Brenda. Brenda. Okay. Well, I mean, when she comes back, she's got Carla's looking for. All right. Um, so we'll revisit that if we need to. All right. Eight, discussion regarding elections to include election timing, election process. Who wants to start there? I think where we left off, we we voted to move it to November and do that. So then the next thing, and I don't know if this is a charter question or not, is the timing. Do we lengthen the the term of the present commission or whatever the commission is at the time the new charter goes or
do we shorten the time? I don't know if that's a charter decision. I have no idea. Talks about that being I thought y'all I thought y'all kicked that to the commission. It was it was how to determine who's on the November ballot. That's what y'all have to decide today. It was either to shorten it by six months or it'll be a commission decision. Not till Okay. All right. I think that's how you left it. So then the election part is done and we voted to move it to move it, but now we need to decide the way which we're going to do. Yeah. The details of how to do closing in on it. So I think we got the you know they gave us the three options there. I think that's where we are and I think rather than saying November, I think y'all voted to move it to align with the uh state and national elections. Now the question is how does that fit into the August primaries and and that memo to me I'm hearing two different things. Number one is great, we've aligned it or we we we're suggesting that we align it with the national elections, but the question is going to be who's up for this national election or not. Whether that's a charter decision or a commission decision and then the other part would be the primary runoff process. We still haven't hashed that out yet either. And whether that whether or not that actually goes in the charter or not, right? Correct. However, I do believe I I do believe y'all said though that whether or not, you know, folks are actually up in 27 or if they, you know, run in 28. That was y'all were kicking that to the commission. That's what y'all said last time. Shortening or extending the terms will be left to the commission. I think that the manner of the election we have to decide. That is correct. That is the process of the transition of whether a a term is shortened or lengthened. the statutes give to the commission
to decide but by law like we cannot decide that it's it gives them that power. So you could make a recommendation but then they would be able to do what they want. Um but the process for when you have a prime, you know, what happens at the primary, what happens at the general election, how that's done, um that would be in the charter. To make sure I understand right, the the timing of the election, even if it's included in the charter, is still ultimately a commission decision changed by the commission. Okay. Sure. The process in which that election happens, whether there's primary or runoffs or plurality or all that other stuff that can be determined that can be determined in the charter and that is not a commission. If it's in the charter, then that's not a commissioner, right? And they can't change that. So this this discussion would be about the process. as I understand it mean options one two and three what what are the feelings I believe that is and I'll just point out Mr. chairman. Um I did kind of go through this memo again. Um the one that was dated November 7th u that shared some additional information and the change that Tallahassee made specifically relevant would be the very end of page three of that come out dated November 7th. We have memo. Do we have that? It's It should be in your P. Do you have your old files? I'm happy to pass it out. What is there a name for option two that uh Zimman's team beach option? Well, the
it's typically it's typically called plurality. Read the paper. Hey, where where there's only one election. It's it's uh colloquial colloquially sometimes called first pass the post. It's whoever gets the most votes even if that's you 26% or if you had 10 c candidates and the and the candidate that had the most votes only had 12%. It's whoever gets the most votes. It's one election. Uh no runoff unless there's an exact tie and then you would draw lots or so. So this is everyone competing regardless of their party affiliation or lack thereof. Well, our election is nonpartisan in the in the every election that I've looked at on the municipal level has been nonpartisan. So, this it would be, you know, nonpartisan race. That's what you're asking him. Yeah. So, so the Democrats wouldn't have a chance to get their champion. This is our champion and the Republicans wouldn't have a chance to get theirs. It's just people are out there and all in the same pot. Right. Right. It's not a it's not a classic primary as we think that it's a general election, one election and no runoff, but we call first pass the post or plurality race. And number three is the top two. What's that generally called? that kind, you know, I don't know what it's generally called, but that's the the standard that we normally think of when we are electing congressmen or our state legislators where you have a a primary and then uh the two candidates then go on to the general election. What we think of now, that's in partisan races, we have a nonpartisan race, so it would be the top two candidates. But that I I really I kind of looked a little bit to see if there's
a name for that. It's just in my mind the standard for what we normally expect in a in our state and national elections. That's what Tallahassee did. Yeah. So we can call it the Tallahassee option. Yeah. Option two or three. Right. So option two is winner takes all in November. Correct. There's no runoff. It's whoever has the most and no and no nominating primary. charge on there's one election and then option one is there is a primary and it requires 50% but doesn't go to November if that 50% if that person chosen is over 50%. So it can stop in August but turnout will be lower in August. That was, if I may, Mr. Chairman, if you look at the bottom of page three, that was originally the way Tallahassee set it up. But again, on this memo, on the memo, yeah, on page three of the memo, um, is the reason that they made a change is that again, expanding on the conversation between Miss Goon and and Miss Smith was the purpose of the August election is not to determine who's going to serve in office. The purpose of the August election is to determine typically who's going to be on the November ballot. So the challenge with let's say you have seven people qualify for a ward one it's an open seat you know seven people you could conceivably have someone win with 18% of the vote if you decided all in November so I think that's why you you don't really see that a lot yeah you're basically saying there's like an option four that's if somebody gets a majority at any of the stages I disagree with the majority act I'm not saying I'm I'm just saying you're saying there is a fourth option that's modified to the point, Mr. Chairman. That's what Talahhatsy originally did, but then again, they revisited it because the goal is to have whoever serves in the office to be selected at November ballot. So,
what they did was they made a modification. Uh they moved the election to November um if only two candidates qualify. So, if only two people qualify, there is no August election. Those two go from June qualifying week straight to November and they have nothing to do in August. uh if three people qualify or four people qualify then the there is a basically a a winnowing down of the of the candidates to two people and it doesn't matter how many percentages you get again because the turnout in August is is much lower and so even if you get 51% you might be getting 51% of 20% of the voters and that's what we're wanting to avoid. to the top two, then advance to that. And somewhat to Miss Skoon's point, depending on what type of primary you have, you know, you I I'll pick an example. Let's say, you know, back in in 2022, there really wasn't a Republican uh primary nomination for governor because the incumbent governor, Mr. Dantis, was the incumbent. So, there was much driving Republicans to the polls in August. However, there was a competitive Democratic primary. Well, the reverse could be true as well. That's why again, August is not really meant to select who the elected official is. It's to determine who's on the November ballot. And so that's why Tallahassee made the change they did to advance from the August primary the top two vote getters regardless of the percentage. Therefore, the elected official is always chosen in November of a gubernatorial year or November of a presidential. So board members who want to go first with their suggestion and why I have a bigger option why the sir following that I have done is we want to be able our contender to be chosen on November or the November election right the that's when most people show up to vote right it's like voting
experience the voting season and it's convenient and that's where If I choose to vote for national, if I choose to vote for local, that's my voice, right? The I'm not for the plurality vote and nobody that I have talked to before one or takes all because what is all if all is subjective to a small group of people and a all is not everybody. All is not number. All is where everybody gets not turned into it's not convenient for partisan nonpartisan. So it's everybody I've talked to has said awesome. Yeah, I I I agree with I think the majority is important and I think that this issue with if there are just two people and we just go straight to it and that way they're going to get a 50% plus. I think you plural even at a general you have a bunch of people running together you could have someone who votes for 20 and it's going to create governance problems kind of later on. I think it's important for them to get a mandate from people. Cecil I'm in agreement with for their rationale and I just think most of us expressed that we desire to get more participation when um good ideas and bad ideas can come from the citizens but when more people participate they tolerate what that governmental body does because hey we selected them so let's give them a chance versus they just got in with you know 18% % of the vote. They don't they're not legit, you know. We'll sign a comment. I have a question if I may. What if this name address, please? Brenda Lewis Williams, 2748 Oak Drive. Thank you. If if this doesn't work the first or the second time around, is there the possibility of changing it because it doesn't work? I keep hearing voter participation,
voter education. Voters are only going to come out if they want to. I don't care what kind of election is fair. So if this doesn't work, are you going to bring this back to the table? Just a question. Yeah. So part of the charter review was that this comes up for review every 10 years during a census. So it's mandated that we're going to put this in the commission creates a charter review committee every 10 years. So that would be an opportunity. I think it would be unfair to say, "Oh, this didn't work the first year. This didn't work the second year. It's going to take longevity. It's going to take a commission that's going to support this." Right? And ultimately, this entire charter has to be approved by the people anyhow, right? So, we're putting in checks and balances to make sure that this is under constant review every census. That make sense? Yeah. That would be the opportunity to adjust. Mr. Chairman, I I would say I mean the only way this isn't working is if the specific city elections in November of the good minatorial or presidential election year only about 20% of the people that are voting are voting. I mean otherwise I don't know how it wouldn't work. Yeah. So I'm not really I'm not really sure. I understand not working. That would be the only thing failure. Ask for another question. Yeah. S how how would you define that it's not working? Well, my experience over the past 20 plus years with voters, voters only come out when they want to come out. And we talk about voter education. I've really not seen voter education per se. But if it doesn't work, waiting 10 years, I I believe is too long to wait to change it. So you should put a caveat in this that if at 5 years it's it's not working
then we go back to the table or the drawing board if you will. I'm not trying to make there's a lot of factors in determining whether voters come out a lot of factors. And I don't I don't I don't see where you all are taking those. I don't disagree with what you're saying. What I'm saying asking is if it doesn't work, what are you going to do about it? And and I'm I'm I guess I'm going to push back a little bit. How do we measure if it's working? What does that mean? The numbers, okay, numbers that come out, you can compare the the current numbers to past numbers. Um, war two for instance, there's something 7,000 people in W 2 might be a little How many is in there, Jonathan? Do you know off the top of your head? Uh, war two is uh as of November 6th, uh, W 2 has 4,649 registered voters. Only about 400 of those voters came out. The last major election that we had where we had everybody in the city come out was when um what's his name? Uh Obama and Trump. We had a large number with with Biden Biden um no uh Camala Harris and Trump but in between that's only presidential but it doesn't impact the local that much. go back and look at the numbers. Hold on, Jonathan. I don't think the data supports that. I thought the alignment with the general election always uh I mean empirically gets more participation. That's what But yeah, I think if you look at this memo, okay, do I Yes, ma'am. And if you have any follow-up questions, I'll be happy to answer them. Sure. And I think to that extent that maybe to Brandon's point that
walking out on that November election with a result And just I think obviously it's going to increase participation. It's not going to decrease participation. I don't see any world where that happens. Yeah, it's going to be a time component anyhow. How many how many local elections are we going to have over the next few years? And each one are going to be W specific, right? Because they're on a rotating schedule. So W participation, this is where voter participation or voter education is so subjective that is really driven by the elected official, right? whoever's sitting in that seat, how do they garnish to get people to the polls? Right? There's no process for that. We encourage it. It's the same time every single year. So to remove the subjectiveness from that, like do we have a process that is scalable across the entire city? That's fair. Does that make sense? And I think that's what we're charged. We're not charged to create a solution for a problem that doesn't exist yet. Keep in mind, I said I fundamentally I do not disagree with this. I just have some concerns. What I'm what I'm looking at is you talking about education about elections. That sounds like a great idea and that's a part of the dayto-day decision for staff to get the word out, whatever else. I'm I'm trying to couple how does the runoff primary nomination process tie. Those to me seem to be independent factors. I'm sorry. Say that again. When you talk about increasing voter turnout through election education, love it. That's city manager commission. Yeah. You know, that that might be a recommendation that we make to the commissioners is that we make it very very clear how to vote, where to vote, all that other stuff. You know, right now we're talking about the process in which the vote occurs. Those to me are kind of independent things. And so, Ron, I think we left off with you. Where are you at?
Um, first of all, 10 year charter review, if we go through and everybody's at four years, this is two elections. All right? So, 10 years is not a long time when you're thinking about the the election cycle. Um, I've said it before, I'm a proponent if there are three or four candidates in August, I'm one of them and I work my butt off and I get 51%, I'm in. That's my position. I shouldn't move to November. Um, yes, there might be more turnout, but that's, you know, I I understand that November generally has more turnout, but, you know, I I I'm not backing off from that cuz I'm done, you know, and it's it's hard. So, you're option one then. I'm option one. So, just a note, Callaway in the Beach actually recently made this change as well, just for option three. moving it to no to move them to November to make sure option three I do agree if you only have two that they automatically go to November that happened to me too that's not a problem so then you could potentially there could be a fourth option where there's not well if there's only two they're going to go to November anyhow there's not there's three and it's 51 2425 51 wins and off you go well and what that creates though is if there's knew it would have to be borrowed and November. There would be a problematic automatically finish off. So, so my my two cents is and and I guess I'm disagreeing with Ron here. I just I want a winner in November. I really think that's important that there's there's that's where it occurs. And I just I don't I don't like the runoff thing because I think it it unnecessarily exaggerates the election season. I mean, if it was truly my vote, I would do option
two. Um, I think it shortens the election season, just makes it easier, whereas a primary system, but I I don't have a lot of passion about the the primary type system there. I just my my big thing is I want a winner in November. What? I want a result in November. I I just I don't like the idea of the runoff where it just to me there's like election fatigue and then all that kind of stuff and then and then I just I I get it and and perhaps if I was in Ron shoes and I ran and I vote and I got that vote, I'd be having the exact same thing. I just I like the result at the general election and going from there and I just don't like the result either before or after. So that's where I'm at. Yeah. I my opinion on it and I'll just reiterate this like I totally I've never ran for and I hope never will to be hearing about how much struggles I get that you come from a personal experience. from a political experience. Um, not personal or professional, but from a political experience, the folks that I have talked to, they don't care how hard it was for you. Like, you're going to work hard for the next four years for them anyhow. Yes. Right. Um, but for their voice to be as loud and to be as effective, the November option is, like you said, it's it's the wow factor. We just need to determine, are we going to entertain plurality, which we've never entertained before. I have everybody I've talked to said platality is not the way to go. Um it's going to be option one or option three specifically from the folks that I've talked to. But we're here to make decisions not how it impacts us but how it impacts the people and what do the people say and I've got 100 folks that said through option three how many people any other discussion or council say you want to make can I do a motion that we adopt option three second all right any other
debate or discussion all I guess you can call the role vice chair Henderson Jansenius Yes, Miss Skoon. Yes, Mr. Danzy. No, Mr. Ferrer. Yes, Chairman Burr. Yes. Motion passes 4 to one. Can we wrap that one up? It was a big one. That was a big one. That was a good front. Okay. Can I tangent super quick? Ne and just so y'all know cuz I've been on a lot of boards now. I'm all in with your options. There you go. got really I didn't like I didn't like this anyway. Yeah, I didn't like any of this for the record. Yeah, I think we understood that you're just very clear and you've had you know different experiences but you're definitely a team player. It's somewhere in here. I mean once the decision was I would I would start and I think there is a vote that I was like but everybody went that way. I don't want to support it. Right. Do we have like a a working draft of the charter circulating at all of with the changes? Yeah. Okay. I was thinking I think we should by se it's by sections. I think we've it is I just didn't know if we have kind of a living document that's kind of falling along. Maybe put it all together. All the ones that we've adopted up to now. We would like to work on it. Unless there's no serious one. Yeah, that makes sense. there. Yeah. So then I guess tell me if there's any opposition to this that for with each meeting why don't we kind of have the red line version of of where we are with things. Is that fair charter? I love that because that will help us if there's something that's conflicting. Oh well we didn't know we were going to vote this way. Well, and one of the things that we talked about, if I recall,
at one of the very first meetings was also just a little bit of the word smithing that perhaps it was clear to us what the intent was, but then by the time Nevin or puts pen to paper, sometimes it doesn't always come out the exact same. Not not that Nevin's not going to draft it appropriately, but sometimes it's not as clear or whatever. So, yeah. Is that fair? So, we'll have a red line version for each everybody's sort of closer to the decision. Yep. All right, let's talk about all the great and horrible things that Jonathan's doing. So, are we going back to the role of the clerk? Because when you wanted manager, yeah, it's number 11, manager. I I'm I'm very open to discussing 9, 10, and 11 in tandem. I can go any direction. Um, well, we just spent so much time on on the the what we were just talking about 10 minutes ago, so that I'm kind of fresh on that. I mean, you're Sure. Go for it. Yeah. Okay. Thanks. Um, I like I think we can clarify the role uh the way it's written, but I like what's been explained to me, the way that it's been explained and how it's actually working. And we can go back and look at the language of the interaction between John, the person, the city manager, or the city clerk, you know, to make sure it follows what they're saying. But I think that's good to have the city manager have operational authority and responsibility but have a possible check and balance with the city clerk
or whatever procedural whatever issues that could be seen like hey that's not clear or I really don't agree with that designation. I don't think I think that that independence should be maintained. So meaning you still think it should be a um looking forward Jonathan a charter position. Is that the right word? Correct. Or a charter officer or I think that's sort of I should have said that. But in order to maintain that level of authority, I think you have to it has to be something that comes from the child because again worst case scenario you get someone in the seat who either a weak city uh clerk an over strong city manager and if everything comes down to the city manager without the ability to hey you know let's look more closely at this you know things could go All right. Everybody's looking at me. Okay. So, I I take the other position of things going arai. If if if it really got difficult the way it is now, the clerk could supersede the county manager and go straight to the commission. City manager, not county. Huh? City. Oh, I said county. Sorry about that. city manager. How dare you demote me? No. Just kidding, Bob. I I don't like that. I I'm in the position to have a CFO position that reports to the manager. Um I've looked at some other cities um for charts. One of them that was impressed me was that they had uh three charter officers, the attorney,
the city manager, and then an internal auditor. Not the CFO, just an auditor in that position. That intrigued me a little bit. Um the rest of them are all over the place. Florida, Mr. Dy, that's in Florida. Coral Springs. Springs. Yeah. um that because I believe there needs to be some checks and balances. I do believe that. But right right now it's to me it's really vague and and I don't like fingerpointing. And so right now it works well. But we have to think long term of when these people are not in the seats of something happening with the budget and the clerk saying, "No, that's not my job. That's his job." The city man, oh no, that's your I'm not for that. It has to be written down in I in my opinion in the charter so there's no finger point. So, okay. Are you maybe not suggesting, but you're bringing up the idea of an auditor position that that could work if if the if the charter wants something different for somebody to just to keep, you know, um on the table CFO or clerk, whatever. I think CFO should work for the city manager. City clerk would be subsumed under city manager if we create an auditor position. I mean it's more I just spit out some more money but you know Yeah could be that budget manager that we currently have could depends on there's a separation of control and there again I don't want to get into just appropriate checks and balances need to be there and I agree with Brandon it it's not there to me this is where I we have a city manager system right it's not a city manager city clerk system correct it is a clear city manager system. Are we basing the question, how did we get
to where you only have $100,000 sign off? If you craft the budget and this commission signs off, their job is oversight, right? Your job is to be onsite and have insight like and if we are a city manager position, we've got three city managers. You should have autonomy. You shouldn't have your hand. I should be able to trust you. I should have checks and balances in place that trust that you're managing this. You should have autonomy. about how many assistant city managers you have, but like when you go there's nothing inside and there maybe there doesn't need to be something inside the charter, but it needs to be so clear that you don't manage any differently. If you do manage differently than the last city manager, you manage within these parameters, right? And budget and finance have agreed. If we grow to be a $400 million city instead of $150 million city, like those those parameters are going to change. I would expect and they haven't changed over time for you to only have autonomy of $100,000 for us to say that this system works the way it is. The last commission it didn't work because of this of this dynamic, right? And it's working now, but is what we got going to work in the future for us? Does that make sense? And I don't think that it does because it's not clear. If a CEO, a city manager manages the city, he should be accountable to the finances for the city. Now, you should be have autonomy to go to the person who's responsible for it, but that person shouldn't report to the city commissioner. This current city commission, they're asking for more powers, right? Because they get a lot of complaints. They're the chief repeating officers for the city. They're the chief complaint officers and I know it's not clear. It should be going through your department, but like they get you had a conversation at the last commission meeting about what half million dollars worth of paving equipment. Like why is the commission having those conversations when it's you're responsible for that? You're accountable.
You went through the departments. You went through all that stuff. You present it to them and you're ultimately accountable to whether that wins or loses. So the budget was changing. That's their decision to make. It's the commission and commission only. But the ordinance right now and we've overordinanced ourselves. No, by state law. So it's an appropriation issue. So if they haven't appropriated or budgeted the money, then it had to go through that public process for them to make an amendment to the budget via resolution. So that's the state process we follow. But that I guess I'm not concerned about such the procedural commission meetings to adopt policy, right? That would have been a policy thing removing money. They got too far in the weeds operationally. How are we supposed to afford this? How's this going to work? Don't disagree with you, but the same in the same in the same meeting in our consent agenda, there was two half million dollar garbage trucks that sailed through because they were budgeted. So, it's similar. I I think that might be Mr. Henderson Jensenius's point is that correct me if I'm wrong, but like if something's budgeted, why would it go back to the commission? Like why is it $100,000 limit? That that's a policy decision that the commission has made through a resolution adopting the the purchasing policy. They could change that at the next meeting if they wanted to. They could. And I think the reason they've gotten to where they had to write that policy in the past is because this finance foundation is not clear. It was $25,000 until October of 20. They want it lower. I mean, yeah, it was $25,000 until October of 2021. Then it went from 25 to 100. That tells me that over time, the previous commissions didn't trust the city manager. And rather than hold him accountable, do what they've empowered him to do, they tried to policy it to death to take responsibility to the top. And that should not have been allowed. We should trust the process. We got to create this foundation that's finance. It always comes back to a finance discussions.
Like if you make the budget, you're accountable to it. And if you get to put it on the agenda, you should know that it's going for us to make a decision, not for us to discuss and play in operations and play in how we're going to execute. Like we've overpoliciated ourselves forever because this foundation's not clear. And you agree with me on that. Yeah. So, I vote I would I'm not making a motion yet. I would vote that the city clerk rolls up to the city manager and then there' be two charter officers. What do you mean? Yeah. Yeah. Yeah. Absolutely. We talked about city attorney. What would that really look like? Because the city managers ultimately if the city attorney goes away, who's interviewing and preparing the city to replace the next city attorney, the commission? The commission. And are they is that their jobs or is the city manager the one that should go out and find the next attorney relationship? He's the one that's accountable to paying for the city attorney. Like to me, the commission is the board. They need to be educated, but their number one responsibility is to the people. Jonathan's responsibility is to the city, right? And the city's responsibility is to the people. Government and Nevin, correct me if I'm wrong, but Nevin is really the commission's attorney. I am I represent the commission commission. The working relationship's good with the city manager, but if they got wrinkled up, he represents the commission. Well, then I the way it is. you have to get offices. Now, practically though, I would, you know, if there like prior to well,
let me use my business as an example. I mean, you know, they basically appointed the clerk and the attorney to do the practical work to finalize my contract and do all that. They initially told the city attorney and the HR director to come up with the job description and post it. So, you know, in say like 25 years when Mr. Zimmerman retires at, you know, 97 years old, um, you know, they probably would empower to some degree, you know, whoever's in my seat at that time and and potentially the clerk or the HR director to craft a job description and post it and do all the leg work, but ultimately they're going to sign off on who sits in the charter positions. But all the leg work and all that, like all that's going to be done by probably the city manager and the city clerk. That's typically how it's done with the charter officer positions. Tribute. I'm still thinking. You want to go first? I'm still I'm still collecting my thoughts. uh stand here a minute just to Yes. talk to you about the how the county works and it's not a direct parallel um that the county has a you know separately elected city clerk and of course there I mean county uh clerk and um and that when I was county attorney there was always debate is that the best way to do things and all but from uh the clerk Brook's perspective it was very important was Harold Basil now it's Bill Kinsaw it was very important that they had pre- audit and post audit functions and
that their reporting obligations were separate uh than I mean they of course they're separately elected but they had a separate uh constituency separate role than the county commission. So, they felt it was important, the clerk's office, that they had that separate role. School board, of course, they don't have it quite the same, but you have another anomaly in having your um city manager, so to speak, your supervisor of elections separately elected. But I just wanted to point that out. That's how the So the city right now works a little bit like the county in that the clerk reports to the commission, not the city managing. So my my thought is to I kind of blend what you guys are saying and have three three charter roles but the the the financial oversight is more of an auditor checking formalities type role and they're they're independent so they can make sure that the expenditures are properly documented. They make sure they get accounted for properly. what what feels awkward to me is you know having departments roll up to that role as well and so it's almost like this weird kind of like offshoot whereas and I also think the other the other issue is so I kind of have this vision where the that auditor CFO whatever title we end up giving that functions kind of similarly to the legal council that can function independently and if city manager or one of the other officer positions there should be no hesitation about bringing that from a legal standpoint because you're not you're not accountable to that person and also the legal I mean I don't know how many people are in the legal department and you know you got the firm and access like that but it's probably less than I
mean it's not dozens right I mean it's not dozens um and so there's there's a certain amount of like budget that's allocated towards that whereas there should also be like a certain amount of budget that's allocated towards all the financial oversight from a regulatory standpoint compliance standpoint all this other But also I feel that those are also like very disperate skills. So what I mean by that is I know Nevin's a fantastic manager, but usually what makes somebody who a great attorney does not necessarily make them a great CEO. It's just not like I I'm dealing with it as I grow my law firm all the time where it's just it's a real challenge. Whereas that manager, they're more of the the people the man I mean it's literally in the name. It's the manager, right? So they're they're dealing with the leadership skills and the mentoring and all the other stuff that happens there. And and I I mean I I think you find a very rare very rare bird that is the no slided jan the the the bean counter number number cruncher whatever and they're also just amazing with people. As a matter of fact I don't want them I want them to count numbers and make sure that the the the greens line up and the reds line like all that stuff and and you do financial oversight and then let the manager be the people person that that oversees all the departments. I mean that that just seems a lot cleaner almost like a judiciary and then a a legislative branch that you know for black that controls the purse rings and then you've got the person who executes all the the stuff. Well, you know, a lot of ways, Mr. chairman. It's you look at think of like even in the federal government, you may be a cabinet level secretary, but there's still an IG at each of those departments that has, you know, a pretty high level of autonomous authority for those type of thing for certain types of things. So, in the past, huh, in the past, we've been fired at that level. I would almost be in favor and we've seen this right between Haven and now city beach finance problem saying when you pause there for a second better add something else
to that correct I I would be in favor of adding a third auditor but I would be in favor of whether it needs to be a charter item or not but having a third party audit they do that anyway they do that annually it's a request by the state Tim Marlor is our is a third party audit firm. Y but we're doing it anyway. I don't think we need to have a second I don't know how deep dive they do. Yeah. I mean when when we had the the theft uh from the the it wasn't affiliated with the city but it it certainly supported a city program uh from the friends of ASAP Inc. when we had the the theft from Michael Johnson we engaged a a uh a forensic auditor which is an entirely different skill set which goes transaction by transaction. and they can tell you the dollar stolen that bought the dollar of liquor from the discount liquor store. I mean, they can connect the dot that way. I don't I don't know if that's what you're looking for that standpoint, but it may be that more of, you know, that transaction audit that Typton Marlor provides for us. In my experience, the internal auditor really is they really don't do anything. Yeah. salary for that. Yeah, I don't disagree with that. As a matter of fact, I worked with at the city of Fort Lauderdale for a short period of time and they had a they were the internal auditor was trying to wrap up a storm water audit that they've been trying to wrap up for like five years because they couldn't get an answer from the treasurer and I answered their questions in like a week and it's just they don't get a lot. There's because they're a direct commission appointment and they don't really have they have maybe two or three people that work with them. They don't have any support.
There's no support network for the internal audit function typically. That's been my experience. Yeah, sorry. Thank you for adding that in. Um, from a point of view of representing whistleblowers, the reality is it's very difficult for people that are under one one lead to be in a position where they're going to risk their job to call something out. And we think we're setting up that kind of of situation where people could be afraid or they don't have the independence. And believe me, people put up with a whole lot of wrongdoing to protect their own personal job because they have a family at home, all the things that we're all in attached to. So it's got to be egregious and usually cover a couple of years before they speak up. This way we have someone who's looking every day on a regular basis. I think we can craft it to make it more clear to delineate. This is your 80% of the pie and this is your 20% of the pie. I think we have the capacity to craft it to make the words say what they're doing which I I personally really like and I think it's unrealistic and unfair to put the burden either on an internal audit which we heard is just like more or less rubber stamping again the pressures or an individual said something's wrong. First of all those people don't have access to all the information. They just think, they smell. The whistleblower thing, which we're pushing in that direction to give it all to one person, is a very frail structure with very limited protections.
Actually, under the law, it's really difficult to trigger those protections. So, when someone comes to the lawyer's office and says, I think I smell a rat and this and that's going on. I in good conscious advise all the pitfalls. And so a lot of things I heard a lot of things about the city and the county over the years. There was never a formal complaint because the person kind of knew it but didn't have a paperwork. So a lot of stuff can be swept under the rug and things work like the water supply thing. people were aware of major problems with all the things we're dealing with now 20 years ago chose and they knew that people were making bad decisions. So having been in that seat I like having someone who's trained is on the same level with a narrow clearly spelled out role there on an annual basis who is not afraid to speak up and that is his or her job. I'm just saying I I don't disagree with you. I think though I'm not saying change what we're currently doing. I'm saying change the dynamics of what that looks like. Jonathan can tell you firsthand it's not fair to have five bosses like and we should mi mitigate that as much as we can. And we whether we like it or not, we have a city manager commission system. All right. Do we trust our city manager? Is he accountable to managing this city? That includes finance, right? Regardless of Jonathan or anybody else sitting in the seat, do we have a process for when Jonathan if Jonathan goes away, something happens, the second city manager calls into place, right? And that should be clear. It shouldn't be up for debate. Shouldn't be at the commission who they assign. It should just be procedurally they're prepared operationally for that next step to move straight into it.
From the finance side of the world, the clerk should have one boss who has the autonomy to make that decision on are we executing against what we're supposed to be executing. We could talk about the dynamics of who rolls up to the city clerk and who he wants to give responsibility to, the water department or not a water department or whoever money like that should be his decision within reason. But the structure for the city has to be clear. And that's where we kind of go back to is it clear? The CEO should never manage or deal with the frontline team members, right? We're going to provide clarity on the deal with too, but like he's got department managers. The department managers should be managing their team members, their crew leaders, their technicians on the field, the police department. Jonathan's not going to get into the police department. This is what he's got the chief of police for. This is what he got fire department for. Right? We don't ever hear problems about the structure from those two divisions, those departments. The fire and police department, granted, are paramilitary organizations. I mean, they're I mean, so they're they're going to follow rank and command very rigidly. Yeah. Uh but our public works department like I mean it's not in any way, shape, or form similar at all. So I mean from a a rank and command structure, it's more civil service. It's not about the role, it's about the goal, right? Does that make sense? Oh, it does. And are the goals clear? and he is the one that's accountable to ensuring that each of these departments have clarity on what these goals are about rules the dynamic the structure it all comes back to we respect the structure that's why we're having the conversation about what is the structure got is accountability clearability can be shared but accountability has to be clear so I mean I'm not arguing with you Bernie you you keep saying accountability like what does that I mean I know what it means But like are are you looking for specific things? Like do you have certain outcomes that you want certain roles to
be accountable for? Yeah, we have city manager structure. If the finances aren't clear at the city, he would be if I'm up the commission, he's the person I'm going to. I'm not going to the city clerk and it's not clear right now. It's clear that they share financials. I want to stop with the city manager who is the CEO of our city. Where's the problem at? Go fix it. Instead, it's I think the problem's here. Let me go fix it here. We've seen this on commission that how we report on finances in the past has mixed cash flow. And the average citizen sits out there thinking we're broke. Like the city's not broke. Cash flow-wise is different conversations. And we have these we blended way too much instead of the communication coming from the CEO of the city of we're fine. We're the budget's at 85% max regardless of when the money comes in the door and we don't have to get into all that. We can and he should have a means for what that looks like to close the gap. The the level of autonomy and the level of accountability had to be clear. So I mean yeah a lot of that stuff seems to be like day-to-day operational stuff that's either established by ordinance or just legend. I don't really know where it comes from. Um so I'm wondering what language do we put where in the charter think it would when we're starting with a clean slate right when we look at the city clerk. Oh one of how it got there. If I'm looking at that, that probably needs to be cleared. And if we change the structure, we're going to give autonomy to the city manager to redefine what that city clerk position looks like. Operationally, however they've worked that out and the lines of the charter, she now answers to him and it's his
job to fix this going forward. Instead of us overchartering it, having all these different line items per city clerk and we're protecting the city or the charter protecting the city, we have a city manager commission structure who it's his primary job is to protect the city. So, are you at a point now where you're suggesting that somebody draft something or come up with something? Hear what you're saying. I'm trying to think, okay, so now what? Yeah, I think right now we're in discussion. That's fair. I think so. And this goes back to the elections when we started to get super emotional about it. I think we don't make a decision today, but we all commit to with the city's support between now and the next meeting. The next meeting is in what a month? February. Yeah. We understand what what would it look like for the city clerk to roll under the city manager? Where does that work well at? We don't have to define the lines of autonomy there, but like where does that structure currently work? Can we kind of start with a clean slate? Is there I mean is there support three of you to do that now or you need more time? You mean today? Yes. Well, I'm going to have to exit shortly, but you guys can carry on. Even if I wasn't going to exit, I think I would like to see some examples that we have option one, option two, option three. Okay. And then really bear down in my brain like which But you're you're against it anyway. I'm it could be a matter of semantics. I am saying clearly it's very confusing the way it's written and we should take a role in the charter committee to clarify and that would require writing and editing and clarifying and then we also as we spoke at the last meeting why
did the definitions look so different you know they should be you know similar there shouldn't be tons of paragraphs on one and then just bullet points on the other So from the formatting point of view and cleaning up point of view, I'm in full agreement. I'm also in agreement that I think the majority of the responsibility goes to Jonathan. The only place I differ is I want the city clerks to be on the same level to go mono mono so to speak with if there is an issue because I just think putting it all on the other system is very frail and it's going to tend people under reporting. You know it's going to have to be really bad by a mile for us to hear anything about it. This is a system that we're going to put in. What would it look like in reverse if Jonathan had no authority over the budget and all of the finances sat with the city clerk? Wow. Well, where would the budget go? To the city clerk. Oh, so budget budget and finance to the clerk. Yes, there are some cities that do that now. I've always had the budget. I This is the first time I haven't had a budget. I don't miss it if you're asking. all the right right now. I don't miss it if you're asking. But in the past, you would be the person had the finances and the budget as a CFO. So, I I think we're at the point to see living examples and maybe some language that would support the different sort of what we did with the elections. It kind of was a little drawn out, but I think this is really critical. I think we could work with Mr. Zimmerman's team to find a couple of different examples of like obviously we're an example and before we get to that cuz I mean I'm I'm putting myself in Nevin's shoes. I I wouldn't even know
where to put pen to paper on what you've heard so far. Um so where I mean where I'm at is all of the day-to-day decision-m whatever else vested in the city manager and all of the department heads roll up to the city manager as the manager of the departments. And then you've got a legal oversight and financial oversight. And they both maybe have their own support staffs just like law does. Now you have parillegals and receptionists and whatever else. But there's there's there's no police doesn't roll up to law to the legal nor does you know public works or whatever. That all rolls up to the manager role. And I I I I see a system where you have very clean financial oversight by somebody who's not accountable to the manager and they're there looking at that invoices are submitted and spending thresholds are met and and they're like that type of saying the same thing. I'm just saying leave it with I got two. Does that have to be a charter? I want them. Yes, I do. Yeah, I think I think they are because I I then then who else would they be responsible to the the the person that's reviewing the integrity of the financials and the integrity of the not not the subjectivity of the spending decisions but the integrity of them then I want that person that's not uh responsible to the manager. It's kind of like the fox in the hen house to speak. somebody who's independent that answers to the commission just like the city attorney does where the city attorney feels the liberty that if they see some legal improprieties going on they're not real worried about staff retaliation or anything like that because they don't answer to staff they don't answer to the manager chairman Danzy do you guys believe that you guys are saying the same thing you've just made a title change potentially or is that I just want to see what the city auditor piece of it my position would be that there would be only
two charter officers the city manager They're not saying not saying the same thing. Just making sure and we want where we're tied on is we want a charter level person not subordinate or answerable 100% to Jonathan. there's working relationship but they do have that abil complete ability to do that just like the city attorney can go to the commission the clerk can go to the commission now in reality people don't generally burn their bridges over stupidity go over Jonathan's head when he can just phone call been in politics generally because that you know generally it doesn't happen because it's such a political cost back to to do that. I I would actually extend that to my colleagues. We're even very careful that like if we hear of any conversation with the elected officials, we make all three of us aware or the other two aware. I think that's fabulous. And your working relationship is outstanding and should be signed. Do this, do this, you know, for the state to see how powerful people can work collaboratively together. But you have the capacity. If there was something a miss, you could go directly to the decision makers, the policy makers, commissioners. And I think the fact that you can keeps the store honest. Do you know what I'm saying? Like I said, I've been seeing on the county level and city level where people are afraid to call things out. It's just too high of a cost. whatever we're at today, I don't think we have enough
facts to really make a decision. It's a lot of like what can you guys do to give us more? And I don't know that we know what more is. Yes, I have a suggestion, but today what we had prepared is information and language about the city manager and the city attorney. Very limited, you know, changes and all. We had we really didn't get into the city clerk. You did jump ahead to what? Yeah. But we we are today. And so I think it would make sense that there'd be more information next week. Uh my analysis after hearing the discussion is there's a fundamental issue is how many people does the city commission hire and potentially fire? Three. And we call them charter offices. Um, so if that and and if uh and I think Mr. Dany's suggesting that that be down to two and that the city clerk roll under and report directly to the city manager. I don't know. But that's kind of a fundamental issue and and so that might help us if we knew where you were on just that one narrow issue. The other things the other things are what does what does the clerk do? I mean forget about whether the clerk is hired by the city commission or hired by the city manager. I think Brandon, a lot of your discussion deals with what is the city clerk's role and um and we can I've talked to Caroline. We can give you uh samples from the model charter from the Florida League from other cities where specifically where you can get you know see how other cities have dealt with
the issues that have been raised today. JP your turn. I'm I'm somewhat agnostic about this. Um I don't like to talk about myself, but I did run a business for 15 years before I went to law school. I understand the need for financial controls and I've seen it how it works, both good and bad. Uh I understand the need to streamline. I think both ways were if you had to push me on today, I would still leave it as an independent as a different, you know, position. Um, but I could also see the value in absorbing it down and making the city clerk or department head. So, um, but yeah, if I had to take a vote today, I'd probably be aligning with the three of you keeping it with maybe narrower duties that they have today. The other the other thing too is if we do I'll say this that if we do make it a department head know we talked about this last time that the removal of the city manager thing is something that we really need to think about because if we're going to give more power to the city manager need to make that more flexible. So that's sort of my other point about I wouldn't disagree with the two of you there, but if we go to that route, we have to remember on the back end here, we got to make sure of the city manager where there was been some discussion about making the removal of the city manager more difficult. Oh. Oh, sorry about the question. We did our voice the last you know and I'm my concern is that if you know we do give more power to the city manager position I need that removal power to be the commission to be able to remove if the city commission makes that decision just something that was in the back of my mind where that feeds into what we're doing. Absolutely. The three things are really interrelated. You know, the all the three charter, they are people. We need to and I think we're running our our line. Our city is growing
and we have do we elevate to a CFO or do we stay where we're at with city clerk, right? And maybe this charter's maybe not where we fix that. Maybe the next charter review committee fixes it because they're going to be big enough to have tackle some of those concerns. like this to me this structure is just as big or as dynamic as the elections discussion. I agree. Right. So I don't think I have enough information today. My gut would tell me to cuz I managed $200 million worth of companies. Right. I managed big companies and the CFO falls under the CEO and these are rings. I come from an operating perspective. So I think like a city manager thing. Um I understand that finally speak a different language. They don't speak a people language. They speak a numbers language. Interesting. The three lawyers are the ones who are concerned about the problems. We tend we tend to think that way. Yeah. Yeah. That's true. Yeah. But of the loyalty and trusting, you know. Absolutely. Running business if they don't trust anybody. There's the door by easy. It's not quite that easy in the city. And and I understand again having run a business before for 15 years. I understand that point. You have you have to get the person you trust. You put them in there. You check on them, but that's, you know, or else you get them out. That's my removal point there. Right. Right. Um, but is this structure going to be scalable for a $300 million city? We're 400 right now. 400 million. Oh, I was thinking from a budget perspective. Well, that doesn't include the FEMA, the grants, the other uh internal service funds. Yeah, we're we're over 400 now. I I think where the clarity needs to come in view is that to me the way the charter's written is not clear. I would agree with you. I think so. Of what these what the city clerk's position is. Let's put it
that way. That is a true statement. And it's you know there's I'm making this up. Three pages about the clerk and one paragraph about city manager. I mean, something happened and I don't know where the history is, but for for it to be something happened sometimes. Absolutely. Absolutely. I think it's great that they have a good working relationship. No, it is. But I'm looking to the future. It could really be a mess if these two didn't get along. Let's just put it that way. It really could. Well, I think it's like good fences make good neighbors. I think Robert Frost said that, but um when you know that you're on equal ground and equal authority that encourages, you know, like data, you know, we we all have a power. Let's be reasonable because and I think that's part of encouraging good relations. You know, it it's always interesting to see what I've been here long enough that Jan's our second permanent city clerk and I've been when we've been here and not had a great working relationship with our city clerk and I was I was interim city manager at the time and and I will say settling disputes by a clerk looking at you and go well I'll just go to the mayor. It's just I mean there's it's like well this is an operational issue but she still reports to the mayor and the commissioner. So it's like there's that's not me. No, it's not her. It's absolutely not her. Make that very clear. It's not Jan. Yeah, Jan and I are butts. So most times no. What I'm saying is like it's good to talk about what a like when you've got a great clerk, but I think the charter has to be prepared if you don't worst case scenario because you know it's it's interesting with the things we've seen locally and some other organizations with,
you know, what's happened recently in the news and and you're like, "Oh man, that does make me think like a third somebody that may be outside of my line of authority could insulate, you know, the city manager." But then you look at well are there things that that you want the city manager to do that they're not currently doing to your point like you know I come from the private sector before I joined the city and and it was always CEO seuite you know people and they all reported to a board of directors and a president so um I mean it's it's interesting to Dan I would I would like for you to put your professional cap on right so take yourself out of the seat What are the opportunities inside of the charter from your lens for the city clerk? Um, I will look at that and get back to you. Okay. For the next meeting. Um, I just want to remind you that we talk a lot about your private business. There's no expectation of transparency or fiduciary responsibility when it comes to the private sector like there is in the public sector. So that's one thing that you need to keep in the back of your mind when you're thinking about segregation of duties. There's a reason for that because we have a fiduciary duty to the citizens and I would say this is my personal side. So the way I manage my businesses is we are completely transparent and the same way the city is and that's my competitive advantage in my company of how transparent we are from the CEO CFO to me as a COO but we all fall up to one position that's where my organ or chart structure kind of comes in but the competitive advantage is the transparency. Yeah, I've read a lot of pancakes that don't even the exception, not the rule. Absolutely agree. And
that's why I love working with you guys so much because when I get to do personally, I also get to do professionally. Well, it looks like we're going to um maybe we can all plan on being just a little bit longer than normal of a meeting next time if we're looking at the different options, which they usually provide us a few days before, you know. So, if we're able with our schedule, just drill down, come with your your red version of what you have questions about the optional option to have very many options. I'm trying to find it. I don't know that we have one in February. March 5th, I want to say we don't have one in February. No, we don't. We moved this one up, I think. Yeah, maybe we need to reconsider that since I think the schedules couldn't align if I recall correctly. Valentine's Day doesn't work for everybody. It wouldn't be. It would be February 12th. Also, Mr. Chair Madison, uh, Mr. Ferrer asked for a copy of the or chart, so I'll send it to all five of you. Yeah. Current or chart, please. I don't is there a reason we didn't do something on February 12th? I don't know why. We had moved some clear something else. So, I don't remember. Yeah, but I have a wedding at the end of the month, but other than that, from the city's perspective, the 12th and the 19th works be available at y'all's desire, Mr. Chair. I would suggest given the the 19th would be better for me, but I can do either one. I'm good either way, too. Me, too. Okay. Yeah, the 19th gives us about three and a half weeks or so between to kind of gives them more time gives us a little bit more time to chew on it and ask like we should probably come better prepared with additional questions too
like this is a big one. Is there anything that we want anybody staffwise to prepare or research or present or anything like that? Yes, I kind of said it maybe not very clearly, but but I think Nevin understood it that I wanted some his version of option one, option two, option three based on the discussions that we've had about the clerk being a charter uh employee, clerk not being one, who's, you know, answerable. My what I'd like to see is some operational go to to this the city manager and the review in a limited fashion that we've heard that what they're actually doing. I'd like you know what they're actually doing. I'd like to see that written up that way. And I'm sure the Florida League of Cities would have some examples as well. We as a good lawyer I try not to write anything original and borrow. So we'll see what others have done. We'll see what the Florida League of City has uh on the about this discussion as far as Clark and try to get that to you so you have it in advance before the next meeting. I know there was mention of Coral Springs and this other internal auditor position as well. I'm curious about that. Yeah. Very few cities that I Googled had their org charts. That was one that did. Um Okay. So that's financial oversight position. What's the recommended work chart for a city manager commission structure, right? And did we get away from that? Is this model away from that? Like what's the recommendation for we have this city manager structure? Like when I look at like the International City Managers Association and some of their guiding documents and they're they and Florida City County Managers Association also uh advocates
for this this uh form of government because it's just it's again more transparent and you've got um professionals that that strive to do this their their entire careers and get educated for it. they um they they have a lot of those documents out there, but it's very vague when it comes to like is the city clerk your peer or is it a subordinate position. Um I'll I'll tell you there's majority of the city managers I talk to, it's it's uh the subordinate position. Um and it's just because hey, who takes care of your water bills? Who who those disputes go to? And they're like, oh, I have to handle I'm like oh my clerk does. and we all grinned and they're like, "Right." No, but at the same time, it's um but that's a majority of the I think Florida League of Cities or the Florida County Manager Association could kind of put order to that. I just don't know if that's a stat tracking. Well, and they're in Florida. Those groups are kind of they work together, the Florida County Management Association and the Florida League of Cities. So, we'll make that ask. So, but it's probably driven primarily, Mr. Vice Chairman, by their charter. that's probably going to really affectuate what the order chart looks like. I think I'd like to take some time because I want to talk to the commission too and ask them and talk to the public. You know, some of the legacy folks that have lived here for a while, they've seen this structure. Would you have changed it? Would you have changed it 20 years ago if you had an opportunity? Just I want to kind of gather some more feedback from the public too. Ask Tim Fontaine. Yes. Yes. What? When you have a twohour window, I think the vice chairman knows you better. I'm trying to button this up. Um, y'all are going to provide just some norms,
but some other acceptable practices by the International City Managers Association, which I'm sure their parties are unbelievable. Um, yeah, they're really nerdy. Um, so you'll provide some information with that. You can also start working on a just kind of a working draft and and and a redline version of that. Um, oh, I know what it was. Um, I would be very open to also staff suggestions, meaning if you guys think the language is perfect and it's it's as as well written as is ever going to be, that's great. If you're like, actually, now that I look at it, it doesn't match what I'm actually doing. And I think having an honest evaluation of here's what it says, but here's not what's happening. Then either we get back to what it says, or we actually look at, well, let's let's at least draft it accurately to what's actually happening today. So it would be nice if you guys could each look at your individual roles and just kind of give it an evaluation of like, hey, is this mirror what's happening today? Is that fair? Yes, sir. Yeah. Just one housekeeping thing. This is the current Burke Blue contract. The one you have was just an earlier version of it. So yeah, this is the sixth amendment. Did we Did you hand those out to us already? They're in your packet. That's what I wanted to see. Thank you. I'm trying to get the point. So motion to Yes. Yeah. Motion to second right. We we've got our our walk through papers of what we need to do for next time. February
19th. We've got February 19. I'll add that to the calendar here in the next 30 minutes. Thank you. It's growing.
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.