Charter Review Advisory Board - Regular Meeting
The Charter Review Advisory Board discussed the roles and responsibilities of the city manager, city attorney, and city clerk. Key decisions included adopting gender-neutral language for the charter and modifying the city manager removal process to require a supermajority vote. The board also debated the separation of the city clerk and finance director roles.
About this meeting
- Government Body
- Charter Review Advisory Board
- Meeting Type
- Charter Review Advisory Board
- Location
- Panama City, FL
- Meeting Date
- February 19, 2026
Transcript
64 sections
John, you want to pray? Heavenly Father, we just thank you for this time together to come uh and do the business of our city. Uh we're grateful for uh the men and women serving on this advisory board to help us review our charter. And we just pray for your continued guidance and wisdom throughout this process. Uh, Father, we also pray for our staff and thank you for the support that they provide in this uh this effort that's not only important to our staff and team here at city hall, but also to all of our citizens and businesses who who live, work, and play uh in our great city. Father, we're mindful of our men and women in uniform who protect us and give us the right to do that, which we do here today. So, we just lift them up uh in prayer. Uh we pray for those that are currently deployed, Father, that you would keep them safe and once their mission is complete. Would you bring them back safely to their family and friends again? We ask that you bless our time together today. Give us wisdom and discernment and everything that we think, do, and say. Uh and may it all bring honor and glory to your name. Christ name we pray. Amen. Amen. To the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Chairman Burke here, Mr. Danzy. Yes. Mr. Ferrer here. Mr. Henderson Jansenius here. Miss Skoon here. Uh, chairman, you have quum. If I may briefly, Mr. Chairman, I'll just point out uh we have a new person at the table today, Miss Brandy Waldron. Um, if you did not know, uh, Miss Smith has announced her retirement, uh, from the city effective, uh, sometime in early to mid August. August 10th. She knows the date. So, she will obviously continue on with the critical role
that she plays and um, in assisting with this. The commission is named Brandy Waldron as the interim city clerk treasurer uh in in the time being, but again uh Jan still has a lot of value and and and apparently till August 10th uh will continue to help and aid us in this effort. So I just want to introduce Miss Walker to report. Randy, yes. Were you already with the city or are you new to the city? Yes, I have been with the city um March will be 22 years. Um and I I also serve as a one of the assistant city managers and um when we had this position vacant five years ago, I I filled in as interim while we did the search. Okay. Thank you. Um the minister suggestions. I only have one question wrong. So when I look down article section 9, article 13, the third pallet forms the recommendation from MA. I should know who that was. Uh the International City Counting Management Association. Yes, sir. Let me just write that out. Certainly small. Um move we approve as we All in favor? Any oppos? Um, what do you have one kind of just like almost procedural thing got online? We can do this real quick. And I mentioned it before we left. Do any of you guys know or do you have access to the schedule and kind of like where we are in relation to where we need to be? remember we kind of came up at the very beginning of here's where we were trying to be at certain
points. I think I feel like we're a hair behind but I don't I just I should have looked and like how far behind are we everybody's looking at you Miss Smith in the minutes from the very can y'all once you find that then we'll come back to it. Okay, now that I Here we go. Um August You want to go ahead? Yeah. August 28th was article 1 and two. Uh September 25th 3 and 4. October 23rd 5 and 7. November 20th 8 and 9. So like by by this meeting February 26 we were to be substantially through uh every article except for public utilities and boards and commissions. Uh February 26. We should be discussing finance generally and article 15 taxation. So we are actually still on city officer, city manager, city attorney and city clerk. We have not looked at police and fire. We may be two meetings behind. When when were we supposed to be like finished with the city manager, the the charter officers? So um meeting four, meeting number four, October 3rd. uh October 23rd, sorry, it was supposed to be article five, city officers, employees and departments generally and article 7, the city manager and then November 20th, uh the article 8, the city attorney, and article 9, police protection. Then January 29th, article 12, fire protection, and article 13, city clerk and collection. It's fine. I mean, we're definitely defined, but we still got March, April, May, May, June,
July. There was a lot of built-in extra time for this, you know, obviously. And and you did uh I think there was an early meeting that got postponed because there was a conflict with everyone. So, some of that I believe we added this one today. This one this today is and an opportunity to get ahead maybe and make up some products. One other thing, Mr. Chairman, I have a hard get out of here 215. Um, all right. So with that uh enough so uh the first thing that I have um is an email that I received today from the former one of the former city clerks and her opinion on um how the city clerk and treasurer functions should be um aligned in the chart and oh she doesn't really say the charter uh but um I added it to your to the table there. The city clerk and treasurer functions are comprised of two different disciplines and she believes there should be two positions, a clerk and a finance director. Is this the lady that usually sits as and I believe she served as deputy clerk and then clerk for a number of years for the city. Correct. served as deputy treasurer which used to be called manager of accounting services and that's when she was here and then she was city clerk treasurer and I agree with her assessment of uh that's exactly how I was hired uh as a person with a finance background and then I was expected to um become certified certified mu m m m m m m m m m m m m m m m m m m m m m municipal clerk. So, I came in as a CPA and I got my CMC while I was here. So,
um she's she's spot on with what past practice has been. The Bor's okay. If there's any questions, go for it. But this is going to wrap up very well when we get to the clerk discussion. Any other staff reports? Yes. And I'll just my the spreadsheet that I forwarded around and then made copies for. So, I can give the reader digest version, Mr. Chairman, board members. So basically it's it the question was asked of the Florida League of Cities you know kind of how are how is the clerk position and the treasur kind of set up across the system and so there's you know maybe you know 70 80 cities here that gave us examples and what I would say is the summary version is that um usually the clerk off the clerk's office is a much smaller team. You'll see it's most of them are like zero to five very small team. So that means it does not include your accounting component. You know, the accounting, the uh the payroll, that that kind of stuff is often separate. So, um I think uh what you would see most cities would have the clerk him or herself report under the city manager, but that would be strictly uh you know with uh the minutes uh the public records uh those types of things. you know, getting, you know, the flow of contracts and those appropriate things signed and then uh either a treasurer or or maybe like a CFO would be something that would be separate uh and or to uh directly to the commission for again those checks and balances. Although there are some uh where I would say maybe you know maybe 10 or 12 do have uh you know do have everything under the city manager. So you basically just have a city manager and a city attorney. Uh but the overwhelming majority have the CFO uh separate from uh the city manager. Very similar to our city
and uh the documents that I have um I put them on the right side. We have uh the working charter with the red lines of only that which this board has approved. Um there's been a lot of discussion of things that you're going to come back to and tweak that is not redlined here um because it has not officially been voted on and approved. But this just gives you a working document so you can see where we are as far as what has actually been approved. And sorry. And so that that was requested by the board, but you complete that. And then um next after that is um uh to support what Johnson was talking about regarding um all the different um manners in which the clerk treasur's position is is um done throughout the state. My memo does um gives you examples of language from I pulled about 15 different um charters from around the state. None of them are the large cities like Miami, Tampa. Those all um use strong mayor form of government. I so I only went with forms of government that matched our city. And so there are examples of language of how um other charters describe the city clerk's position and the treasur's position, many of which are all finance directors in other municipalities. So that gives you um a lot of different examples of language as as was requested by the board. Let's see. And
then um and included in that I'll point out is the model city charter as well. That's one of the 15. Then um I did an update to one of the memos that I did, the one that was dated January 20th. Um, there was language in that for a brand new section that would address how an acting city manager would be appointed and the samples that were provided in that memo. Um, the board indicated that you wanted to see um what our code of ordinances already provides for. So, this just amends that to add in what our code, the city of Panama City's code and how we're actively doing it. That's what that red line language is. And then there was simply a request for the organizational chart from Coral Springs. And I just threw that in because I my notes indicated somebody was interested in seeing that. Um, any questions on any of that stuff right now? A lot of it's going to roll up into the stuff we've been discussing, but okay. And I think it's We have any audience participation?
Is anybody online? M three people, Nina, Terry, and Ian. Oh, yes. The Yeah. So, the only folks online, sir, are the former uh retired city folk treasure as well as representatives from the super. So there's no I don't know if Miss Lillard would like to say anything. Are you able to see her? Oh, she does. Are you able to put her on the screen? Thank you, ma'am. Um, you can unmute. Let's see. You should be unmuted. Miss Lillard, are you there? Try again, Miss Lillard. We think we've uh unmuted you. Oh, asked to unmute. I tried to unmute. There we go. All right. Okay. No, I don't really have anything else other than what I sent you. And I just think you all have done a great job and um putting a lot of thought and detail into this charter review. Yeah. Can you just set your name and address for the record, ma'am? Thank you. Yes. Terry Lillard, 1016 West 9th Street, Panama City. Thank you so much. Miss Ward, if do you have anything to add at all, ma'am? My assumption is probably no, sir. So, doesn't Yeah, when we get to that point,
we may even have questions for one round. Um, would you guys indulge me super quick before we get to the city manager stuff? If I did a review of what we have so far, but a handful of like kind of almost like scrier's comments, which I can get with Neon or you guys with afterwards, but there's just things I can go go through in about 60 seconds. Number one is can y'all clean up the pronouns? And there it constantly says he he he there. Um there is a way to simply have kind of an overall um language that says that allows for all of um all of the for genderneutral language to be added. So you can just do so there'll be a separate sentence or section that says that when this is adopted that all all uh everything will be gendered. So right. So in the red lining I there was a time when when one of the amendments that you passed you asked for it to be gender neutral. Um I didn't go and do that every right because you can just do a blanket blanket amendment for that. Um is that something we need to vote on? Is that at some point on that motion to do at some point charter gender neutral? I believe I presented some language as in none of the members need motion motion. I I'll I'll motion to adopt gender neutral pronouns for I think we do. Okay. Debate. All in favor? I um and then just another thing I don't even think necessarily this thinks that it requires a vote just consistent terminology like sometimes it's city commission sometimes it's commission and sometimes it's capitalized and sometimes it's not so let's
just make sure we go through there and like that it's it's one thing throughout um go ahead sorry um regarding that there has in order to modernize the language At one point there was discussion about uh may when it says mayor commissioner to drop the word commissioner, but you want to be consistent in that that the mayor is a commissioner as opposed to other municipalities which pull the mayor out and and is not right. I mean I know I'm bear with me. Ron's getting anxious because like I'm like I understand the commission is the body that's comprised of five things but sometimes it's called city commission sometimes it's just called commission sometimes it's capitalized sometimes it's not just make it consistent that's all we can do that too yeah um comments about the substance of the other stuff um it's grammar the first thing that we voted um is subsidious. I've got a couple other just style things, but I'll I'll get with you guys after that. Okay. All right. Um All right. You want to talk about city manager stuff? So, where did we leave that? We talked a lot about city clerk, but we talking about city manager meeting. Yeah, we were I think we left on the city. think we can jump the city clerk. Um, let me tell you where they want to go just following the agenda.
I think we were starting to drill down on whether it's to that person to so not a loaded question. Part of me wants to do manager and attorney because I think those are probably a little bit cleaner and then spend the rest of the time on clerks. Part of me is also like let's get clerk out of the way. But I'm I'm open to Can we do manager attorney first? So Nevin, you have proposed language here for city manager regarding acting city manager and this like this temporary arrangement. Yeah, and that's consistent with our existing ord. So or my suggestion would be again bear with me because I I draft things like this regularly would be to pull out the aspects of a deputy city clerk and put that under the city clerk provision. It feels weird to have a city manager clerk things under a manager thing. And then I would suggest adding something along the lines of unless unless there's a reason not to that the uh 15 working days could be exceeded based on the approval of the commission. But I don't I don't know what this is intending to solve. That was my question. Is it even needed? That's what we do now without being any as far as there is. Is it a resolution or ordinance? It's an ordinance. It's an ordinance. And so that's Jonathan Le city manager sends it around to all the commissioners. I'll be gone following four days, two days, whatever. And then uh either Randy or Jared will be designated as acting. No. Do you feel like in the absence of something in the charter that says
that somebody else can act without authority that it's not as clear? I think it's fine to put it in the charter, but I don't know that it has to be in the charter. Yeah. I mean, that's that was my question is without it in the charter doesn't make it therapy. And with it in the charter, is it better? For lawyers, it's always good to be very That's always better. More is better. Change, I guess, would be the Yeah. I mean, that'll defer you. If you think to go as long as we separate out the the clerk and the manager and then I think if we just put something else that it could be extended upon the approval of the commission, I'm fine with Is there an equivalent for city attorney? He's a he's irreplaceable, right? I understand that. We haven't seen that draft. Yeah. Yeah. When it comes to city manager, a lot of it has to do with spending authority. So, when I'm out, if there's a purchase order, a check request that comes through, if I don't appoint one of them acting city manager, do a little memo to that end, they don't really have the authority to go in and approve. No, I understand that. What I'm saying though is is it is it not sufficient that it just be by resolution? Is it something that needs to go in the charter so that it's clear when that person can't make those decisions is delegable? I I don't think it has to. But let me ask answer the question on city attorney. The my contract Burke Blue and me personally have a contract with the city and that names people that can also act as city attorney which are Natalie or Mike Bur you know gives a list of those people. though it's done by contract under the authority of the city commission shall designate a city attorney and then you have a contract and that deals with what happens if I'm not available. So I know I'm I'm not trying to like push this through but board do we want this in the charter or do we not and that's a genuine question
like not is there the same language in their contracts? No, because it's in the ordinance. I I think it's important that it is part of the charter even if it's by language. My preference is that it be in the charter just because that way it doesn't run into this possibility of people changing it. Is anybody strenuously opposed to it being added to the charter? Yeah, but either way it's I'm not strenously in favor of I think it is. So, can I get a motion to approve? Sorry. In operational if the city manager decides to go on a week's vacation, he has to make enough plans to let the board know to make an appointment for the city manager. Well, I can do it in five minutes. Yeah, it's so it doesn't take board approval. It's just Okay. Right. about not to muddy the waters or anything, but there there is another alternative to this if this is something the board does not want in the charter at all is Jonathan effectively um changes Brandy and I's title instead of uh assistant city manager it's deputy and then we can assume his authorities without a memo or designation deputy connotates we have the authority it's implied designation versus um authorized That's like well the military going from that my background when I started here this would all be in writing when when the staff judge advocate left the base captain come on in here you're going to sit first week and so and so you it was written because any command decision court marshal article whatever contract it was locked down was no question because there had been a delegation in writing and to your point, ma'am. Like when we when Jonathan
gives that delegation on on high dollar check requests, change orders, contract contracts, we always attach that memo. Yeah. So our auditors, it's cleaner. So yeah, I think everybody's on the same page. So there needs to be some paper trail. The question is whether it belongs in the charter as a policy nerd, it probably is cleaner that it goes in the charter. That way it's very clear that when that person's not there, there's a process to delegate that authority. And so I think it's excellent to put it in the charter. Yeah. Provides the authority. Otherwise, if the authorities don't provide it, who has the authority, right? If I hear if I hear Jared right, I agree with with Jared. Operationally, if you're in a deputy position, the command falls next to the deputy city attorney. Anyhow, we don't have to do a 15-day notice. So, that does muddy the waters what I said. But the other the flip side of that is what I'm hearing from y'all is that exposes his staff to additional risk. It's not a 15-day notice. It's not 15 days. Yeah. Yeah, it can be a fun. I think it's just cleaner and easier and everybody understands the what you suggested is efficient but it depending on personalities there could be problems 100%. So why do that? I get a motion to approve this with the separations manager and adding in language that it can be extended upon approval of the commission. separation of what do you mean paragraphs to that we can I would make a motion that we adopt the proposed language removing uh discussion about the city that your motion is that we adopt this language regarding the city manager right and do not adopt
language about the city of debate. Are you okay with adding in the language about it can be extended by the commission? That's my that's my suggestion. So, it's 15 days by up to 15 days, but it can be extended if the commission approves it beyond 15 days. And my thought process being perhaps Jonathan gets into an accident or he's sick and he's in disposed for 30 days. That's an excellent suggestion. Yeah. So, all in favor of that I I did Did you need to get a second to the visit to be I was just clarifying what your on adopt the proposed language removing references to the city clerk and add that the city commission can uh extend the net. Yeah. for the compensation for the city manager. We had left that kind of open-ended. Are we going to put something in the charter that aligns more with what the compensation should be rather than the subjectiveness of the board making that decision? Should we talk about this with commissioners the city commissioner commission stresser the attorney for we have additional language regarding competition that's a discussion that you want to have what do you what do you think aside from the city manager position the is our mayor and our commissioners how do we is there a standard with the league city I guess the leader So, Mr. Chairman, I did ask, are we talking about manager comp or are we switching to commissioner compos
compensation in general? Compensation being city manager. We can discuss first. Why are those being welded together? Just compensation underneath the article in general. We left it opened on the city. This is just for the city manager. plus shields. We can talk about city man. We can talk about I'm looking to standardize the compensation language across the charter for all of the ultimately but we can start with the compensation period. I I think that would be I think it raises a good point, but probably just proper notice probably just focus on the job of the city manager and the compensations notices you got to settle. So maybe not. Okay. So if we stick with the manager compensation alone, Brandon, where do you want to go with that? Where does it come from currently? How do we determine the compensation for the city managers? It's just you negotiate a contract. Yeah, they will have some information that they you know receive you know kind of average salaries uh you know and that is the information you can get uh from uh the FCCMA which is the Florida city county management association level which is basically association which is the state chapter of the so they provide that and then you negotiate based on you know experience and that so it's purely negotiation that's correct about board timing correct And but is this the association we were referring to the group that spoke to us? Well, that was Florida for League of Cities. Florida League of Cities has to do more with elected officials and charters. The FCCMA, the ICMA has to do more with professional management of an organization such as a city, town or county, a little bit different. As an aside, I did ask the Florida League of Cities about like salary data and what I was
going to start to say is they really don't have that kind of stuff because everybody does it so different. It's not really something they get in, you know, it's it's a little different. So, then I would probably be in favor of just removing the compensation from the plan all together. If it is two or three positions that answer directly to the board, I would kind of trust the process of what the hiring process looks like. It is contract based, right? It's negotiated. It's there may be a standard that could be set during the process but that can be provided by HR or anybody up to that or I would probably do favor just removing compensation and what is the language that's already there it's section 101 the compensation it's in two places 82 at the doctors. I think the charter should say who fixes the common section. Yeah, that's the purpose. Yeah. Fixes in fixing to fix the conversation. Sorry about that. That was great. That was that was like grief though. I think we're Yeah. How I'll fully pull on my sword that I I skipped over 82 and I saw the compensation and I thought I determined actually how it works. I guess there's one phrase in here
and this may be important to me what's actually happening. Under 82. It says the city commissioner shall fix the salary or compensation of the city attorney, city manager, and city clerk. The city manager, except as may be otherwise provided, with the approval of the city commission, shall fix the number and compensation of all other officers and employees. Is is that like with the approval of the city commission? Is that how that actually works or is that effectively baked into the budget? It's in the budget. We bring like our compensation plan, our step and grade program that we developed years ago. That was actually presented to the commission for them to adopt before that was ever implemented and then it was then budgeted. And is it as granular as here's every position and every salary. So it's it's grades. So every position is broke up into a grade and then you've got steps for uh for longevity. So like military. I got it's very DoD based but in the real budget it's line by line. My name is in there. Andy's name is in there. Got a grade or a whatever a grade. Yes. Police police officer position and we may have 80 of those and we'll see a grade and you know so chair Mr. Chairman prior to that we would actually go out and get a salary survey from an independent consultant and they would say here's where your positions fall based on surveys of the of your town size, you know, the cost of living, everything else. And then we'd get a report back. They'd say this is how much it's going to cost to trip up your F. We do that about every five understanding issues that well there is some language that may be of an issue with 82. Um third sentence I guess the salary or compensation of sulfates shall be uniform for light services in each grade on city service is the same shall be graded or classified by the city
man that's our paid plan and it's regardless of the step program or the salary survey program it's whatever program the commission I I think the intent of it is very very positive and very rate goes. And as someone who's seen different pay for women doing the exact same work as men, you know, this is over the years, that's kind of a helpful uh thing to uh discourage that kind of, you know, difference in pay for the same. But when you're talking about negotiating for the lawyers and negotiating for a city manager, that is individual based on your expertise and experience that you have and that could be conceivably down the road an issue because it wouldn't be it would be what would not be uniform because you're basing it on, hey, you had 20 years as a city manager of a larger city. you just move in here because you have a grandbaby here, you know, but you would that person would have tremendous amount of experience and perhaps should not be paid the same as someone who's just brand new or as two years in. I just wonder if that I mean no one's probably raised the problem, but since are are you talking about the charter officers? City manager. So those are so those are the contracts that are negotiated. The other the other operational, but that's not what this says. That's what's happening by ops. That's not what this written sentence says. Such as you just read. Yeah. I read that. Yeah, I read that very carefully. Okay. How do you make help me? Well, I'm reading it. I'm not sure this is what's actually happening is I'm reading it as the individual employees, they get basically graded or classified by the city manager. So, through my HR director, that is correct. Yeah. So, you have all these grades one through 10. I don't
know what it is. So, and then you would have the discretion to say congratulations, you're moving up to a three or 10 or whatever. They we have a process, but yes, we look at their their work history and it's depending on if they've done uh similar type of service and work in that job. We give them additional steps and there's there's objective and subjective portions of that or is it purely? We try to do very objective. I mean there there might be a little bit of a job and we kind of talk through that office and the HR director. I there was a clause that I didn't pick up on because it initially does list all the charter employees, but the very next sentence says of all other officers and employees and then it follows on to say there will be uniform. So they're accepting the charter employees. So the charter employees would not that issue would not that is weird. It says all other officers. That is kind of odd. I see what you're saying. Yeah. If because but it's they list the city attorney, city manager, and city clerk. And then it says all other officers. Yeah. Who officers? You could just strike other officer saying employees. You know, that that would probably clear it up because that's what I would not I mean I would not set the salary for the two of them. That's between the commission. Right. That's where I kind of got like, you know, who are we need to negotiate. Yeah. Find it. I'm pretty sure I saw on here that the commission has the authority to appoint other officers if they if they need to, but then they would fix the strike. We just put a period after officers off. Well, we don't want to use the word other employees. So, fix the number on compensation. Oh, I see what you're saying. Because then maybe some other officers maybe officer would do,
but they Well, I think the way it's written protects the two charter office uh employees that we know. And what Brandon is saying is if there's additional commission appoints, they would be protected too. I mean, we go back to 79. does all our officers and departments, city attorney, city manager, city clerk and other departments as the city commissioner. If you had a city clerk and then maybe you added a CFO and that's your other officer, something like that. I mean, I don't but then wouldn't the city commissioner fix that? That would be in the first sentence. Yes. But or the way this is worded though, the city manager would do anybody else. I think it would be okay to separate the two and say the city I think that all commission yeah the commission says the officer compensation and then the city manager says the employee compensation that's good but and just keep it separate manages the city separate officers and employees into two sections I would agree that would be more clear so we would start with separation in 7982 and 101 I would argue that section 82 if it's defined clear enough can compensate for all the other compensation sections of other that does simplify it. Yeah. So if you have okay three charter officers other officers as commission deems appropriate which they would determine their compensation and then the commission still does the grades like the the rates of pay for the various grades and then the managers what determines who's in what grade based on what position correct they establish the grades and then the steps and what that looks like in the pay plan but then I determine which positions go in which grades and if we give them additional
credit higher steps. So that's correct for all other for all other employees conditions go in which grades I mean like department I mean department heads so chiefs and directors are one assistant city managers are another you know division managers are different ones depending on you know the size of the budget the operational level that they have any type of requirement. So we we actually have we have 26 different grades, but most of our positions are in between four and 26. And then we have 16 steps. You can get 16 steps of seniority. Very similar to the GS scale with the federal government. Yeah. That was a change that was made in October uh of 2021, the county fund. Yeah. make plans your office and yourself city manager a lot of flexibility to kind of look at workspace and kind of match you up but I typically will defer to the ACMS and the HR director to kind of look at that in a very objective fashion on how much seniority they're given credit for with relevant job experience okay to make it as I mean I I agree there's always going to a smidge of of subjectivity in it, but I would say the overwhelming majority of it is very objective and that's how the HR team approaches it very consistently. All right, tell me if you're okay with this. I've got three changes that all work together. So in section 79 if you move I'm suggesting that we revise the language of any point I forget city attorney city manager and a city clerk and such other officers change departments to officers as the city commission deems appropriate. Then under 82,
the city commissioner shall fix the salary and compensation for the city attorney, city manager, city clerk, and other officers. And then city manager acceptance provided you're in shall fix the number and grade of all other employees. And then the rest of it seems to fit fine. Okay. So um and other officers you want to put if any other officers I'm assum I'm suggesting we strike that out but just added other officers to the end of the first sentence of the No I was on the first sentence. Oh yeah sorry I wasn't clear. Yeah. Yeah. Sorry clerk and other officers if any. That's fine. Just so that people don't go, hey what, you know, heard this. The next sentence where it says the city manager except otherwise provided shall mix the number and grade of all other officers and of all other employees or all employees either other or just all we're taking out officers. Correct. to one step further clarity that section 82 be compensation of officers and then add a section 83 to be compensation of employees trying to just separate the two. Okay. And then that would and then the last thing would be that would that would allow us to remove section 101. Absolutely. help. So the suggested revision of 79, the suggested revision of 82 with Brandon's suggestion that you divide up compensation of officers and compensation of employees.
And if I'm I'm just kind of thinking out loud here, if you do section 82, compensation of officers, it's one sentence. You just go city clerk and other officers as applicable or if any. Period. And that's the end of that sentence. That's the end of that section. And then you go to 8 a new 83. And 83 discusses employees and grades and the manager and all that stuff like that. Does that reflect the and then the removal of oneonone? And then and then just a catch all. I mean, if I'm assuming, and we'll get there, you know, if the clerk whatever, if the clerk has how they're compensated or the attorney has how they're compensated, it's all covered in the new 80 the new 82. I'll second that. I guess I did the motion. Any other discussion? Did you say you made the motion? Yeah. Can you make You can second motions, but you can't make motion. I'll make the motion. You make the motion. I'll make the motion. Everything that Brandon just said, favor. But you can second them. I don't want to take all the power from second motions though. I mean rarely can canvas beed later with any voice. Okay. Um what else do we what's the next up manager? I have a couple. So, one of the things I looked at was 82. Sorry, misspoke. 102. Okay. And there was this that's a pretty important paragraph. This is a pretty important program. Well, I mean, there's this
strenuous removal process and I don't I don't know if that's necessary or it just it seems like a loss. We discussed this briefly and I think in the meeting you hear I don't know. Yeah. Where we where we landed or I think we stayed on both ends of the fence. We said, "Do we strike it or do we keep it?" I mean, we were stuck between the two. See, we wait till Brandon guy. Yeah, definitely. Jonathan, your contract, is it an effectively an ad will contract? Yes, sir. Do they have city manager contracts or like annual? Do you know? That's a really good question. Some cities do. And you have to renew it annually. Yeah. It's like they'll have like a It's not typically a year. It's like a three to five year and then they'll renew it. Salary negotiations happen again. So, it's I think it's rare in Florida, but I think it happens a lot in Texas. I I'm my contract requires me to give 60-day notice as did Miss Smith's. Um, but yeah, they could add to the meeting this coming Tuesday and vote to send me packing. Do you have strong feelings about this process where if you've been here for six months, you go in front of the commission in a public hearing? I'm not trying to put you on the spot. Yeah. Um, yeah. I mean, I do think um you know, obviously city hall, county building, I mean, it's a political institution. Um I do I do think that um putting in some appropriate um barriers to, you know, to somewhat shield maybe the city manager or um or county manager. That being said, however, um in order for this to actually work, I mean, you know, you don't want to completely tie the hands of your elected officials who are there on behalf of the citizens of the respective city or county. So, I wouldn't want to be in a situation where, you know, you have, you know, the citizens want to make some big changes, um, and then, you know, you elect a bunch of new officials and, you know, they just they just want to remove someone,
you know, without any real reason, right? is because you're old been there before. Yeah. So, yeah. I mean, my my two cents on this is this creates kind of a lot of pump and circumstance and it certainly could be something that could be negotiated in a city manager contract. It's like, you know, I can be terminable with 30 days notice, opportunity to cure, all this kind of stuff. It feel it just feels very awkward and unchartered to say that we're going to go through this process despite what's in a contract. Um, I would I would just suggest putting a period of city commission and the city manager shall be removable by the city commission and then if if you guys negotiate otherwise then so be it to to create some system. Yeah. The the I guess the challenge you can I mean people are different like you know I just I have the view that if there was a parting of ways like I would never ever want there to be some big like it's just not professional. It doesn't help the city. uh if if there's a majority that wants me to move on, I respect that. And uh you know, that's that's this that's this business. And I think you just have to have that's how you're going to see that across the whole country with cities, towns, villages, and counties. again without violating federal law. Of course, I hear what you're saying, but having having seen very bad decisions by large corporations also, but you know, in particular, governmental entities that seem to be motivated by what's considered illegal things. This this is like a wall against that. And if anything like that were to happen, let's say in Panama City, it's a lot cheaper to have that five that hearing early on then wait four or five years later and have a massive litigation, which is what's happening in Linhaven.
There's like eight lawyers involved. It's like every time we meet, it's like $3,000. So yeah, it's a pinch in the beginning, but you can if anything were that crazy, you address it, right? Then you move on, right? Usually person would move on if they had a hearing and people came forward and said whatever they were going to say early. So I think what I would say is that at the end of the day, uh, citizens and elected officials are allowed to make bad decisions because that's extremely subjective. They're not allowed to make illegal decisions. I I do believe and someone floated this on because this is kind of self- serving but someone else suggested it. I don't remember who it was but one thing that would be I think could maybe kind of put those buffers up is that you you can get appointed with a simple majority but it would require a supermajority to be terminated. So either four fifths or 57ths depending on you know um how many then that way you don't just have you know kind of the the wind of tides. you really have to have, you know, a really strong consensus on your elected body to terminate uh a city manager. I would say that doesn't protect about against malice because people are political and people get their arms commissioners get their arms. But if I'm in my role, since you asked my opinion, if four out of my five commissioners want me gone, I don't want to be here. That's no way to live life in my opinion. Now, some people may like that, but I'm not a professional city manager. So, you know, you got some that move around, you know, from town to town to town. That's not me. So, I might not be the best person to speak to this. Mr. Chairman, I I feel like maybe when this was written that employment contract weren't as clear as they are today. I think a lot of today's employment contracts have clarity on what does constructive dismissal look like? Are you at fault or not at fault? What does
your exit program look like? I think it's not included standard language if I'm not mistaken. I doubt that there was an employment contract in 1963. I know that Mr. Bryant, he just showed up in the mid60s and started representing the city and submitted invoices and they were paid. That's how Les Burke did it in the uh mid60s when he became county attorney. There wasn't an agreement. So there probably wasn't one for the city manager either. And Brandon, I think you may that may be why it's in the charter. I don't I don't Well, I would strike to remove the removal and trust whatever's on the part of but I don't I don't think there's a difference here. You're focusing on the employment contract part. This is for the public and the public hearing portion of it. Like I understand the lab the legal rules of it. The question here is more this is focused to the public for their participation in the process. That's the thing. This is a political question. It's not so much the legality of the employment contract because I agree they can do that. But this is for the public was upset or if there was something they don't want to see him get fired or that's what that's what this is all meant to do. Yes. It's to avoid shenanigans by the commission and for you to have this public hearing and give it time so the public can be involved. So it's a different I think it's a different focus and I think that's that's why it's in there. Yeah. And I think the position of the city manager the viewpoint of I don't want to be people don't want me a majority. Yes. A super majority. Yeah. But there are communities that don't have that kind of historical support. And if there are things in the history or this that indicate otherwise,
it would be very important for them to be able to have that public hearing and for the citizens to understand shenanigans, really intentional shenanigans were not at play because you would have had the airing out of the problem early. wheels are turning. I mean, you used to serve on a board, sir. Yeah, but we couldn't remove the Oh, that's right. Yeah. Well, that's true. But you have to learn that in court. But, um that in court, you didn't that wasn't known clearly. That was that came from in the court orders. The way the government works to my memory in the city is that when Jonathan was an applicant, there were more than one applicants and a lot of that was done in the public. There were 80 applicants. Yes, sir. And interviews were done somewhat in the public with the final two or three anyway. So, if you're going to do it on that end, shouldn't you have it on this end if the wheels fall off? But that and that's kind of what what I agree with JP then then that it is political but this is a political machine. It really is. But that hiring process isn't defined in here. Like that was the process that this commission decided to take to make it public. But that I mean they have to make the decision to hire in a public forum you publicly that they could have interviewed one because it doesn't say yeah they didn't interview me publicly and it was a different commission
different I happen to know that shortly before um this this position was of similar time but the beach did the same thing and they yeah I know you guys start it kind of starts coming when you start talking about it they did all the interviews private privately and then at a commission meeting kind of pat did like a um like a little they voted ballot that was secret until after it was announced uh and then those ballots became part of the public record of the clerk's office but they there were no public interviews. How was that permissible under sunshine? You can have them oneonone. They're interviewing. I'm sorry. That Yes. The interview was not as a singular board out of the sunshine. They were all five individual uh separate interviews. I'm sorry. I wasn't clear on that. Yeah. All five commissioners were there. Separate. No, no, no. Separate. Five separate rather than one. Oh, wow. Yes, ma'am. secret. Typically, it could be it can be done. You put your name on the ballot and then I think um we have done in the past then the clerk reads the Yeah. the the ballot they have on and who voted for what. So, it all gets into the minutes. It's all on the record. And then they still have to make a motion. I motion that we offer the job to, you know, Miss Skoon because she received three out of five. Tie every vote to a person analysis. So, you can't read the votes. Yeah. Read like you can't read the room. Yeah. And and it I guess the theory I don't know the theory behind it. But the theory is you don't watch how the four in front of you vote. see how you're but after the fact those ballots are made public record and so after the fact you can see how the five individual folks voted there are times when people go public on their opinion know how they're going to vote ahead of time you don't may not know see it on
the ballot but everybody my my two my my two cents again and I'm pretty good this is not like a hill that I want to die on if I had my way I would put a period after city commission I would call it a day I think this provision is very unlikely to even come up I think that it turns everything into a big public spectacle. I think the decision to terminate the manager would have to happen at an open meeting anyways. We have language in there now about adding these things onto the agenda. So, I think people would have opportunity to see what was going on and participate in that debate anyways. And um and so, you know, I don't I don't I don't think it's necessary, but for real, like I'm not going to if if everybody else wants to leave it there. While we're talking about removal though, because we talked about this issue of making it a super majority instead of a straight majority, I'd be far more inclined to do something like that than this this public I I it just seems like a public speckle to me. Like this is going to be a fade to complete. Like if this even comes up, it's just going to be Is there a position that anyone has about moving it to do four out of five votes instead of the three out of five from the commission? Let's try this. Uh, I make a motion that section 102 be the city manager shall be removal by the city by the city commission by a supermajority vote. period or however you clean that up and not do supermajority and remove all that other language because I'm going to and I know what JP said the business side versus the political side but I would rather lean on the contract written for the individual. Can I make a mention of that too? So that because what you said um just hold on. Is there a second? I'm sorry. Sorry. No, sorry for interrupt. The uh it was not my intention to pause that delay. Um the
uh uh city manager contracts are are typically written in such a way where there is a it is costly to terminate uh a a city comm I'm sorry a city manager. So typically severance uh agreements that are negotiating the contract upfront can be pretty lengthy. So there is I mean there is a guard against that commissioner. I mean it's not like buying dbo out of his FSU contract. It's you know it's not that bad but it's you know typically it's six to eight months maybe potentially even a year's worth of salary. 20 state law and Texas has really got it good over there. But um but there is a cost to terminating a city manager. Just want to be clear. So you know to I think the super majority clause covers the need for a trial or a hearing. You're going to natur you're going to naturally if you go through this 10 or 15 day process and there's a hearing, you're going to try to get additional clarity. I think that compensates for four out of the five are all in a grant that this needs to happen that it's going to be contract focused. There's going to be a payout. It's going to be expensive. Losing a city manager at any city is going to be a huge blow. But if the majority of the commission believes in it, believes and such, then I would say yeah. um based on what I know about another environment that would the the supermajority would not fix the problems and people changed what they were going to do at the very last minute. So if there's malice and other people feel pressured for whatever reason there were public statements that were made about what we're going to do it this super majority doesn't fix that. So I very much um think that the supermajority helps but when you really have bad actors it doesn't. And so I think
this is the only way to get it done. And in terms of different communities that have historically been mistreated, a super minority isn't going to fix it. It's just going to be the good old boys did what the good old boys and gals did. This is the only way to clear the air which is in the long run better disinfect it like you know sunlight fix it deal with it early and it shows it shows some to a certain extent good faith that we're going to put this out there and the citizens will know right off the bat what it was all about and that would just settle a lot of innuendo concerns historical fears and a lot of things that would just clean it up JP, I I like them both, but I think I think we've made our points. I'll I'll call the vote. So, so we're we're voting for both together, right? So, the five, sorry, the motion is this to change the language of section 102. The city manager shall be removable by the city commission by a supermajority vote and strike the rest of the paragraph. Super majority is four out of five. Well, for now there were seven out of seven if you had Okay. Yeah, Mr. Chairman, something to just think about the um you might want to consider adding at the end of that sentence unless agreed otherwise in the contract with the city manager. Don't because I'm think I got my cap on if your contract doesn't I mean the contract can say for this but what if they didn't what if all the parties wanted it to be three? That's my point is that they won't they wouldn't be able to agree to that. They I
mean I I thought about that and I I thought the language would be would be here so that you cannot cannot contract around that. Well, yeah, that and I don't think you can. Yeah, it I guess my point is this. As long as you um I I believe that if this is in there then all contracts with the city managers would then be of four fifths and the parties it'd be difficult to agree otherwise. That's my point. And as long as everyone understands that that device I think the language you know there a lot of lay people that look at these things they need to understand that you know that they can't contract out of this. So with that comment, Ron used to be agreeable to add in that comma in there. Yes. So I'm not Yeah. So and I knew I was potentially complicating it, but the real point was just if this is approved, I don't think you can contract differently than what this provides. So any and as long as everyone understands that, I just that's really my point. And if you wanted there to be flexibility, then you'd put a comma and say unless agreed to otherwise. But I don't think you can agree to otherwise. If everyone puts in the four, you know, puts in your unless agree to otherwise, you just want to say four fifths and that's what it is. Yeah, it it does look like need to be more clear because a super majority could be 2/3, 35th or 3/4. that pick. Which one? That's why I was out to be Well, if we increase if it increases the size later, there's only four people there that day. That's where I was going. What
are you doing? Yeah. Yeah. So, a two two motion fails. Anyway, four motions passed. Three, four to me. So, are you looking super majority of those present? I mean, yeah, majority is well defined. I mean in the trim process it's defined too. What would you defi what do you believe it's defined as more than more one more than the majority? I I would agree. One more than a simple majority. Yeah. Yes. Well defined. I believe is correct. Yeah. So maybe that should be said one more than a simple. So that that too because if you only had four show up then your majority is three and then one more. That's still four or four or five. Yeah. If you don't have all five there, then you would have to have a unanimous to terminate. But hopefully they would be there to determinate. Three out of four then instead of four out of five. And if there's only three there, it's two out of three out of three. That's true. That's why you're the numbers person. Yes. It's it's of those I think my original motion is where I want to keep it. I agree. I think when I read this language again, it's it based off of whether he called the hearing or not. Yes. He doesn't have to. He doesn't have to. Right. And does that language need to be in here that guarantees him, hey, if I want a hearing, I get that. I mean, if he was being terminated and this wasn't in here, he could still ask for a hearing on what grounds if he gets removed. Yeah. I mean, review it or whatever that would be, but then he wouldn't have the right to the hearing. You remove it. I mean, there's not an appeal process. I'm I'm confused why you would need a hearing with the same board that terminated your contract. I mean, it's like of the founders. I don't know. That's whatever they If all the if you get your public behind you and the public comes in there and puts a bunch
of pressure on the board that just fired you, then they might. So, at least do the changing may unless they have touch. All right. Hey, hold on guys. I'm gonna be like I'm gonna be hyper and basically everyone on that table's not gonna like this. At a certain point, we got like 12 people here commenting on policy things. So, like I I appreciate what y'all are doing. It's it's great. I don't want to stifle communication, but like what's we got a lot of people adding in the comments here. So, as a board, I guess Ron, what's your motion at this point? The city manager shall be removable by the city commission by super majority of vote. Okay. So, that's the same motion that we had. Any other debate? Otherwise, I think we can hold the vote. Okay. All right. So, Jan, you want to call a vote here? Chairman Burke, do me last. Mr. Panzy, yes. Mr. Ferrer, yes. Mr. Anderson, Jansenius, yes. Miss Goon, no. Mr. Burke, yes. Motion passes for all. Okay. Any other city manager related? And just while while we're looking at net and this is the type of thing like if you go under number uh 103 section three it called it divisions of municipal government. It should it should just be city. So look for the municipal government references to is there a four
have a nothing follow has nothing I don't have the hand out I don't have the actual you have the multiple disase Thank you. Jake, we're all good. I got it. Good. The only thing that I want to point out that I read in here and this kind of also dubtales and maybe perhaps some of the conversation that we're going to have clerk also happens to be under subsection 3 1033 where it says the manager's duties are to exercise control and direct supervision over all departments and divisions. And so I know we've talked a little bit about what departments roll up to the clerk, but this certainly contemplates that every division and department should roll city manage. Yes, that is except hearing. Anything else that wants to be debated in that section or When we get to it says officers and number seven says the city commission to keep the city commission fully advanced as to the financial condition and needs of the city number seven and number nine I think that's some of the duties of the be fully advised as to the financial condition and needs of the city and to submit for its consideration budget. So that's two different I hope number nine needs all looked at carefully as it seems to do seven. Yeah. So are you just suggesting that we separate seven out into
seven and it may properly Yeah. Yeah. Did you look at number two? It says officers. Um, Nevin or Jonathan, does subject to civil service provisions have any weight to it? So, some of our employees have civil service protection, but you you don't at the um at this level. I mean, like at at my level or at So, again, not a little question. Is that that's a necessary phrase? It is. Yes, it's it's a statement of fact. It does not mandate that there be a civil service but but then the next thing remove all subordinate officers as we're saying if the commission creates additional officers I would strike that officers the the clarity behind officers to be charter officers only in the entire charter and remove officers from every other language except charter officers. So it would be subordinate and employees of the city no longer thing the two I'm with you. I think I'm with you on spirit trying to think how to how to Is there a thing that's going on right now such a thing as a subordinate officer? No. I would agree if you just strike officer's hand that makes subordinate employees the only ones have the authority to fire anyway. Okay. We just need to take officers to make a motion for that and JP seconds and
then um Brandon I think you were suggesting another motion to separate seven to keep the city commission fully advised as to the financial condition and needs of the city period and then a new section 8 that says to submit It states we have a city commission consideration of an annual budget. A second for that second debate all favor. And then Cecilia, you wanted to talk about nine. Um, approve all vouchers. Does it came in the same? I thought I heard testimony or comments earlier that that approving of of vouchers and things is something the city clerk did. That would be similar to purchase order. They have to be approved by the city manager or his or her team be that is different than actually being paid out. That's a two-step process. Basically, they don't even make it to the clerk without you saying go for it. That is correct. And then again at certain thresholds, Mr. Chair. Yeah. Yeah. I mean, and I think that's covered by the last sentence at nine. I read that. Who appoints assistant city manager? Is that appointment by you? And then the board directs that we have two based off of your financial planning. They don't they don't they approve the budget. They approve. They don't they don't set number of directors or anything like that. My only suggestion for nine, I know I'm down in the weeds, right? I like the very very last line of nine where it says regulations. I just didn't like the word regulations. I would prefer to say ordinances, policies, but you do a search for the word because we don't have I'm, as you guys can tell, I'm really really anal about like consistent terminology and so all of a
sudden we use Yeah. No, it does because later on there's regulations. Why is it they say what they I would recommend it just we change regulations. That's what we know. Is it I mean that's what I mean right Evan is is a regulation something different that state statutes could it be state statute policies or sorry because they're not all just I'm thinking about purchasing policies adopted by resolution not ordinance there there are purchases that are dictated the procedures dictated by state statute and Florida administrative code in some instances. So I I don't I don't know for sure if that's what regulations mean, but it's but here it says regulations as a city commission time to time prescribe. I guess they could say make sure you follow state law. I don't can you just clarify that? Yes, but it says I mean I had written in here regulations or common ordinances or policies as the city commission but let's look at that and we'll give you a suggestion. Anything else substantive on nine? Anything else substantive on city manager at all? If I may, the uh there was discussion like earlier I thought about the residency requirement marrying the city attorney and apparently it was never actually voted on. So it does not show up in this red line, but we can put it in the minutes. What remind me right now the the city attorney needs to be an elector of the city city manager it's on FL it says he need he or she need not
be a resident at the time of appointment and it does not say if ever yes so there was some discussion but apparently it was never we didn't anyway Caroline did you never got swell over the you had requested that they all be the same that they got the same requirements that was provided um some sample language to do that was provided in the January 20th memo and you discussed it but didn't vote on it there's a little discussion we can include that on the next draft and you can look at it and then you could take action I just I like me I didn't see it so I wonder what happened and so the chapter are we ready to vote on that now? There a disagreement about the residency requirement? I think we agreed we're Oh, we did. We agreed these should be rented in the city, right? I believe we spoke, Mr. Chairman, about adding what the beach does clarity to it where but within six months of the appointment shall become one. And I think that's the advantage that is the purpose behind it that the beach figured out and I guess we didn't in the 60s was you may hire someone that lives say in like Memphis and obviously at the time of getting the appointment they don't live in the city but within six months of receiving that they need to be from city which I would argue is appropriate just I just didn't want us to skip over we can provide some language if you can look on that is Where are we at with what the language is that we want that kept it provided within six months of similar to the attorney thing sounds I can read the language that was provided to you in the January 20th bring everyone up to speed. Um, so this is added. The city manager shall establish residence within the corporate limits of the city of Panama City, Florida,
and shall become a qualified elector 6 months after his or her appointment, though he or she need not be a resident of the city or the state at the time of his or her appointment. I think that's great. I motion we adopt that language. Yeah, I'll second. All right. Any other debate? All in favor? Thank you. Was that just for the city manager? Yes. There's um you had asked to make all three of the officers consistent and so there's some um tweaking of some of the language to try to do that. Again, that's in the January 201. Any other considerations regarding city manager in article 7? done with an article out of the hot seat. We didn't say we could change our minds anybody behavior. Very very true, sir. Very true. All right. Article eight. So initially I would want I like the consistency if we can carry over that same consistency from article 7 into article 8. We start with appointment if there is a compensation clause or removal clause powers and duties but we carry over that same consistency. Yes. into all of the charter positions. I agree. The appointment being the same language that you Yes. So I can read to you the language that was provided for to you in the memo if you'd like me to. This we're talking about Brandy talking specifically about setting it up the
same way we did the city manager. Yeah, not specific. No, Brandon is suggesting that we have basically section whatever 104 is going to be the appointment to administrative officer qualifications. And then the next section be well not compensation because we've already covered that and then a section on removal and then a section on powers and duties. Yes, we need to add the qualification for the attorney though. That's agreed. Well, that's already section 105 up to 104. But what I'm saying is that you know there isn't a qualification part of city manager. There has to be one city attorney. That's the one thing that won't be for okay just for clarification. Oh Jesus and Evan Caroline uh 105. The city attorney shall be an attorney of at least five years experience and admitted to practice in all courts of this state of this state. Does that include federal courts? Does this technically a federal court is not a court of the state? It is in the state but it's not of the state. I think they're saying you could change that to good standing good, you know, a member of good standing in the Florida bar. I think that's what the induction is there. I think that's admitted to practice in all courts. There are lawyers who've been here and they just push paper. They are not admitted to the practice of the courts. I understand. That's But I think that's why I'm suggesting we can change the language to be a member in good standing of a Florida bar. But that doesn't allow you to practice in all the courts like federal court. It's in the state. I I I could care less. I could care less. I could care less if they've been admitted to the Southern District
of Florida. Yeah. Oh, it says all courts of the state. No, we wouldn't care about I just my point is I think this needs clarification because it's kind of broad. I think I mean JP I mean think just saying good standing with the Florida bar because you can practice law in the state of Florida state of Florida and have been admitted to practice at least five years. That's the standard for judges in any appointment right now. Some are 10 but most are five bas in state court. I don't practice in federal court. Yeah. I guess from my comment is and I've been exposed to a lot of different attorneys with a lot of different backgrounds really smart and there's a really big difference of the accurity understanding of potential litigation if someone has practiced actually gone to court versus someone who's just sitting behind the desk and talking to the client in terms of understanding I I just think that's an important component that the attorney have that background ground. I'm just saying I agree with you 100% from a hiring factor. But as far as a disqualification factor, I think as long as they're admitted to practice in the state of Florida, that's fine. Whether they want to say, I want somebody to have trial experience, municipal experience, that's that's a commission decision. But the minimum bar is admitted to practice in the state of Florida. I don't care if you've been admitted to the northern district, middle district, southern, whatever. As long as you can go to Bay County Courthouse, I'm good. Are we good with that? So does it I mean in all so does it I mean so it needs to be changed because that's not what it says what it says is not what you know yeah JP you want to make a motion I make a motion that section 105 be amended to what city attorney shall be an attorney admitted yeah to the practice for at least five years in good standing with the Florida bar but what about when he said he wanted someone to be able to go up county hold on if If you're in my understanding
is if you're in good standing, you can go to court. Yeah, that's true. Okay. Those are Yeah, that's true. You just couldn't go to federal court, right? Which isn't we don't have a say. You can I'll second. Any other debates? Are you leaving out qualified elector of the city? Well, isn't that going to be part of the I'm just trying to figure out where where that's going to go. Are we Are we going to have the same language in That's what I thought. Okay, that's good. So, that would be the same. I I'm I'm convinced. All right. So, we have a debate. All right. All in favor? I No opposed. All right. Um Okay. I I have a question since I have a room full of attorneys. This says Rick that the city's going to um appoint a city attorney. Is that an individual or is that a firm? It's an individual. How is that really handled? It's it's an individual. It's an individual. We there is we have a there is a contract with me and also with Burke Blue. And the way it's structured in the contract is that Burke Blue is the support staff or you know the supporting attorneys for the city attorney this time. Okay. Yeah. I mean I had a couple things I think all kind of work together having the same thing. on was you have one one chest to poke that's an actual the the city attorney just like there was a clerk and and a and a city manager but then also just the the demands of the city go far beyond what one person can professionally do and also have hours in a day to do and so I also didn't know if we need to contemplate the
ability to also engage either other council or a firm or something along those lines. I mean, I was thinking more like I'm sure there's instances where the city don't they I mean, they hire other firms besides there got to be some specialty if there's like a bond issuance or something like that you're hiring. We have we have FEMA counsel, we have bond counsel, we have employment law attorneys, we have, of course, with our insurance, the insurance company provides counsel. Do you simply just view that as the city's just hiring other vendors? I do and we do it very same concept with engineers sir we do we have different engineers that are got special nuance things and and you know whether it's a special issue or it's a bandwidth issue we bring we bring in outside uh professionals in a myriad of different fields not just law okay um who oversees that like if we was that oversaw by the attorney charter position well the any type of contract with them it would go through both the city manager's office and the city attorney's office but the CCNA the uh consultants competitive consultants competitive negotiation act gives the flexibility to uh you know to hire different engineers however they to go on the list uh they have to they have to go through the commission and be approved uh it's a little bit different with the attorneys um I mean I think we just see we can hire different firms if we want and and they are hired by the city commission not all of them are paid by the city commission for example the insurance company when they appoint an attorney uh we accept them and then they're paid for by the insurance company. So everything doesn't kind of in the year like does do you get a W2 from the city? No. Okay. So that all it goes to the firm. Yes. It's all driven by the contract. Got
our charter has him listed as the charter officer. Correct. Correct. Employed by Berkeley. We pay B. Yeah. Um there's I had I had some proposed language in here about engaging outside firms. So that sounds like it's totally covered. Is it again not a loaded question. Is it necessary and does it actually happen that the attorney endorses every contract for a purchasing policy? Yes, sir. It's two things. Uh we do try to endorse every contract. Let me sign it. I I just mark approval approved as correctness. Yeah. Right. But but our our purchasing policy which was adopted by the commission through resolution. So just one votes. It's not legally required except by the charter. No. Yeah. Yeah. So, it's a policy issue whether it makes sense or not that that I I was just really just noodling on whether or not it needs to go in the charter or not. You know, if you have an internal policy that says the city attorney reviews everything and actually literally endorses it. Obviously, I think it's good practice that the city attorney review everything for sure. But I just know if it becomes administratively burdensome that every time you guys have a contract, you got to go get in front of an evident and have the answer is yes to both of those though. It it does. I mean, it definitely takes longer for an attorney to review it, but at the same time, I feel like, you know, that it's it's there's a level of checks and balances. And I Yeah. It's not just contracts, it's agreements, leases, and so all of those. And the assistant like Natalie, she'll sign off under my authority. So it's not doesn't have to be also and I I put a pin in this but we probably need similar language about delegation of city attorney authority as
well. Like if Evan can't go to a meeting just like we have city manager if we put that in the charter. Okay. Something similar to that. Let me make a stab at that. Probably you just use the exact same language. Pretty darn similar. You said it was listed on the contract. Yeah, it's in the it's in our contract. But I can let me I can but if we have these charter officers and then we have a provision to say if the charter officer can't be there then they can delegate it and we have it in the charter for the manager and the clerk. It should be the same thing for the attorney. We can make that obviously. All right. I don't care. I'm not signing stuff. I'm not doing those other stuff. But if you guys are telling me as administration that that little little bit of friction is probably a good thing and it's and it's not that big of a deal, then leave it alone. What the hell% Yeah. Do you guys have any strong feelings discovered? I think it's then anything else about city attorney then. Did y'all handle the residency part? Yes. Similar. Same thing. I guess the next draft will happen. Yeah. super love that. But I don't have good reason why not other than the number of attorneys to draw from that live in the city limits is not many. What did you say? I I didn't hear you. I said the number of attorneys that live in the city limits is not many. I mean I think like literally I think I think there's three attorneys that live in Linhaven. Like if you look up their address I mean it's like Alopka and a couple others and that's it. And I'm I'm just it's great with Nevin. You live in the city, right? Or don't. Yeah. I'm just I think if you truly looked at how many members of the Florida Bar reside in Panama City, it's probably like 20. But I mean, if
that's whatever Well, you move you can move there within six months. Like if you hire somebody, you're good. That's I'll just I do. But I do see your point. If they live in Linhaven, are really going to make a move to MLC. But it's not a hill I want to die on, but one of these things I just know. I mean, the the total number of members of like the Bay County Bar is I know 200ish, right? And so you boil that down to the beach and Linhaven and rural areas and Callaway and Parker and next thing like if you're literally looking at who resides within Panama City, it's just not not a deep bench. But I mean, it doesn't turn over city attorneys very often either. All right. What else about city attorney? So now we talk about the clerk. I'll start wherever you want. I'm in front of the click. Let's vote on something forum. So the forum right here. The clerk 122 yet.
All right. All right. Did we ever find out why there's so much underneath of this one? Historical science. So, I like the data that pulled. I thought this was very interesting. So, I did burn a fat GBT and ask for some like guidance. Um, what it said was most out of the city manager system or the council manager system, it is split. Going back to city clerk versus the financial component. As we go back to the city manager side, we see that finances initially rolled up under city manager. Anyhow, I still go back towards moving the city clerk company to city manager. Looks like 60% of all of the cities that have the city system that we have with the population that we have does have the same model that the public participant email offices. I'd like to propose kind of a little bit of a middle ground because I'm I'm with you on I think the finance stuff should be moved like Terry Zemo was talking about kind of splitting the roles. I think it's just too many roles for the city clerk. I don't know how we do that if we do that in the charter if that's something that has to be done later internally but I think it's just the final role I like to keep the clerk position as a charter spot to have some of the duties and delegations of that finance department be moved under the city man I think that kind of solves the problem but still keeps that check and balance of the clerk. So what duties does that leave the clerk more spelled out what yeah what Gary was discussing there I'm not exactly sure of finer details there but some of the conversations about you know the fact that you have finance people who come here and then have to learn
how to be the get the certifications to be a city clerk I'm just curious what or vice versa what are the if I could if you could go over what are the main things that you would do outside of finance the city clerk uh the The city clerk prepares the agendas and the minutes um for all the meetings, advertises all the meetings, um does the public records, fulfills a public records request, um manages the all the board, city boards, uh their liaison too. About how many boards? About 10 20 boards. That's a lot. How many? 20. It's maybe 20 or 25 for those boards, the notices. Yeah. The agendas, the minutes, the notices for all the board meeting. And are you also responsible for finding where they would meet? The boards. They're kind of preset where they meet. Yeah. and when they meet. But that's the board's board's each board's decision to to come up with when uh just like you guys made your schedule when you want to meet. So the Coral Springs model has the charter positions are the city attorneys manager and internal. Yep. Yeah, we talked about that. And then it looks like they do have three assistant or deputy city managers. You look underneath of that, there's the budget and sustainability director that's kind of standalone our decision manager. The city clerk is more like the records keeping side of the world or the the agenda. They actually fall underneath the AW which two teachers under the city manager. So I actually kind of like this model. I like that finance, budget, and sustainability still rolls up underneath the city manager, but they keep that a little
bit separate even down to performance management, which may be an HR function. But I do like I don't know what our current model is. Do our assistant city or assistant city managers have departments that roll? They they're split. So the CRA to your point, sir, yes. If we move the clerk, which is more the records and the minutes and that type of stuff underneath the city manager, I would put that primary responsibility underneath one of the two ACMs, that clerk would not report directly to me. Okay. Finance, budget, and sustainability could have a director similar to the Coral Springs model that would still roll up directly under city manager. It could. And that's the city manager. You know what's interesting about the the Coral Springs thing is I actually pulled their charter, looked up the internal auditor, and there's very little in their charter about what the internal auditor actually does. Now, I didn't get to a point to see if it's established by ordinance or whatever, but it it's there. But it's kind of I mean, I have language check handed out, but it's it's uh may point at any time an internal auditor. Internal auditor shall be an individual who's a licensed CPA or business entity consisting of a licensed CPAs to advise the commission on matters affecting municipal finance and other matters prescribed by general or special law or otherwise as directed by the commission each year they should evaluate whether or not they need an internal auditor period and I like there got to be I mean I searched internal auditor did the whole you know charter meeting code whatever it is that was there's one other reference under fire that had nothing like project hire we hired them once a year to do the audit and I keep them on payroll here. Oh, awesome. Okay, fair enough. Yeah, that's as far as I got. I didn't get down to the sector. Um I mean when I'm when I'm hearing those clerk duties about noticing and meetings and things like that, I mean to me that just very naturally falls under a city manager like umbrella. Not the city manager job, but umbrella. And then but I I still really like the idea of a
degree of independent financial oversight. is that auditor role or somebody else who looks at the budget and looks at what what what's happening and can advise the commission without fear of recourse from anybody else. So it could be sort of the same thing in inverse. We move the notice duties under city manager and we keep the finance duties under the city clerk. Yes. I'm much more right. That's kind of the way I imagine it. Yeah. Uh yeah. Big ticket issue is a second set of eyes on the money. ton of money. That's that's really my concern. I feel like that's where the auditor comes in though. They are a clean set of eyes and if they are hired at project base, not at a salary base, you've got the city manager is accountable for budget execution, right? A second set of eyes just comes in to make sure we're he's delivering on that. But when it comes to like who's accountable, are we going to have what we have now? We have two people where a city clerk treasurer which is already hard enough to staff as it is reports on finances when our city manager is accountable for it. So he be the voice that's reporting on it and then we just have an auditor as needed. And so I'm not sorry but I don't think there's any diff any different from the point that we were just talking about where city manager does the contract with the city attorney is a second set of eyes. It's just the equivalent on the monies. So I don't I don't that's kind of what I envision. I don't see a problem with that being a charter officer. That's the But should it be a charter officer or should it be like this one where there's a director of budget and sustainability? I think there needs it needs to be a charter officer to for the checks and balance issue. That's sort of where I think it's the same thing like that's the reason the city attorney won't do it. It's the same thing. She's reviewing city clerk is reviewing the form and what was it the form and whatever of the correctness correctness of the charges I think it's it's the kind of the same thing just on the other side but the form and the correctness of the
charges rolls under the city manager or that's an independent no it would be the that's what I do that's that's what the city clerk or this new I think you know finance director or whatever or auditor whatever we want to call it but that's what the city clerk that's what the city clerk I I don't have a lot of heartburn over whoever dots the eyes and crosses the tees and cuts the checks roll up to the city manager. Where I'm looking at it is there's independent financial oversight. And I'm really bad about the terminology and perhaps more comproller auditor CFO. I I don't appreciate what the differences are. But but what I'm thinking is when I hear auditor, I I tend to think of they look at what happened and go backwards. Where I'm I'm looking at somebody who can look at what the overall financial picture of the the municipality is and say, "Hey, commission, your manager spending money from sailor. Y'all are going to run out of money and not hear recourse from the manager that wait a second, we're doing all these good things." Like they have this independent oversight that can help look more sort of flow. But maybe I'm conflating terms. I think that's part of the problem is figuring out the term and then figuring out the duties. I think the question is going to be how we slice the duties. If I may slight difference I think between what you're asking or considering to do with the CFO or internal or whatever you call so the policy says in regards to the attorney all contracts, leases and agreements regardless of amount must be reviewed by the purchasing division, the city attorney or designate and the city manager or designate prior to signature. Now I Nevin can review it but he does I don't have to have his approval to to authorize that contract. So it's more of a council thing. So there's not l say so if we have a disagreement for something he doesn't like but I'm good with it. I legally I could sign the contract. I think it's a little bit different when you're talking about some financial controls like should I be able
to tell should the person in my position be able to tell you know the one that hits enter on the checkbook or the cash flow out. I don't care what you think. Pay it anyway. I think that's a little bit different than a potential contract. So, just something y'all consider as y'all deliberate this. Well, I agree with what Brandon is saying. Who who and this is a question for staff. who checks to make sure that there's not like fraud going on or that actually the things that are being purchased are being purchased or that actually things are going through the formality of the correct purchase orders and approvals. Is that is that an auditor? Is that multiple people? Yeah, it's it's really the spec it's the director and the ACM over that particular department. It's the purchasing division and it's the last stop is Jan's office. Accounting. Accounting. Okay. And then is there a third party that ever comes in and does that stuff too? We have an auditor every year. External. So external auditor. Yeah. It's a local law firm that comes in. But they basically look at the documents that you provide them. They don't hunt around. No, they're not look they are they do fraud. They do fraud questionnaires of individuals that are in the city, but they are not specifically looking for or seeking out uh evidence of fraud. So, misfeases really, let's say something is $1,000. So, that would not have to come through myself or the city manager's office at all, but the director would have to approve it and the um and the purchasing division has to sign off on it and Jan has to sign off on it. So, even a small transaction like that is going to have three key people kind of looking at it. How do you know if it's a legitimate uh purchase? When I find things that I question, I bring
them to the manager's attention. And then who who oversees revenue generation that taxes are being collected and people are paying and all that good stuff? Accounting. Yeah, the accounting that's that falls under you as well. The accounting division under the city clerk treasur's office. look at it in the budget office. Yeah. And and Jan does a monthly financial. Yeah. And I mean, this is just kind of for me, business 101. I mean, I I I like I use the chest to poke, you know, the the neck to choke, the chest to poke. Like ultimately, who's the one who's accountable for that thing? And I I'm not disagreeing with you guys. It's great to have multiple checks and balances, but ultimately it needs to be one person that you can look at and be like, what's going what's going on here? And then ultimately, it sounds like right now it's the clerk. When all said and done, that's the final step that authorizes cash flow out from the city. I would say that's where the buck stops. How often do you have questions for the department heads and um every week? Usually I have some questions about um invoices. Um but it's mostly pro procedural. On occasion, there are um purchases that I don't think are appropriate. And the reason why I don't take them to the department head is because I the department head doesn't report to me. I take them to the manager because the the department heads report to the manager. But you're you're the canary in the coal mine and you say, I feel funny and this is Yeah. Or I mean that I would say that it happens, but that's rare. Most of the time it's like hey did you are you aware of this charge or did you app you or Brandy or Jared authorize this and because it's would be something that we would need to authorize as a CMO but most of most of the purchases are clearly spelled out in our purchasing policy and procedures made I mean we we cut between two to 300 checks a week in
the payables and Jan reviews every single one of those with the supporting documentation. Mean, can y'all look as we're talking under article 13? Is is it is it maybe I'm missing? I didn't read it before, but very closely. Is all of that sort of book, recordkeeping, notices, meeting minutes, all that other stuff. Is that provided in here as a clerk responsibility? Anyways, so let's keep going and y'all tell me. So, Ron, where are you now? on the division of the duties. I haven't left that. Um I think they ought to be separated. Um sorry, which duties? Chief financial officer and a clerk. They're two different things to me. If if but if the budget allows it to be another individual because we have one doing it all now kind of sort of one's responsible, let's put it that way. um I don't know how much what am I about to say here the duties of the clerk of minute taking and all that should not be a CPA somebody doing that work to me should not be a chief financial offic organizational chart to um even though she delegates it presently still I think that's down in the organizational chart where a CFO may be you know a charter position clerk just the clerk not so so if you if we continue on with that CFO term what would their ultimate responsibility be or what would their primary responsibility
Well, from the business world, that would be anything that's a financial I mean, I still struggle with the It works well with these two. But you have a somebody hired by the commission that the city manager butts heads. You know, you that's going to happen one day on August 11th. Yeah. Yeah. You know, so That's not bad. So, you know, I still have a struggle with that. Um, but that's just my my business side of me, you know. Um, but the CFO position would be to me every everything financial would fall under the CFO, including the budget if you were going to do it. Everything. I mean, approval would still be by the commission, but the proposal Yeah. I'm sure this and I'm sure the charter officers will work together on it, but I'll share data. Um, I think it's interesting if you go to page two here, you look at the finance director reports to just about all of the cities locally that are listed here. That's the CFO reports to CEO he has to execute. Now all the departments have to do it too but one person that's accountable from the city of city but the finance side supports where I think we're the only ones that say uh Tallahassee is as well commission position combined with the cler just all these other cities has a rolled up to the city. Yeah, I I like the idea that they're being designed friction to spending money that that that the the payable system and the checking to make sure the integrity of the invoices and stuff are accurate rolled under somebody else who's uh independent from the city manager because um we
get to the point we have to say this. I trust Jonathan here, but there's a there's a natural political tendency to want to spend money. Like people are very happy when you spend money and they're unhappy when you don't spend the money. like it's just a natural thing to so have somebody who's independent of being like listen like I know this is important but we still have to follow the process and the formalities and I don't answer to you I answer to the commission and there's a lot of value there well anything that would anything that's outside of the approved budget has to go to the commission and get a budget amendment even if it's $1 which comes through you well it goes through the commission yeah it comes through you right you got to presenter correct yeah I would not advance it unless myself if unless I agreed with So yeah, so but at the same time you can move money inside. That is correct. There's a lot a lot of liberties inside the budget as what category buy whatever you want. The only the only the only thing I would have y'all consider during that is I think you know that get kind of a two-way street like um it would be very like if I wanted to move budget if I wanted to move money appropriately within my budget like I would say respectfully I don't think the CFO should have a say in that because he or she's not the one that's answering for the operational requirements and I tell you we get hundreds of requests every day to do stuff for the citizens and business of Panama City and um I think that that could create unhealthy friction if you've got someone that doesn't have to answer for the operational responsibility of the city. Uh tying the hands of someone that does again operating within the appropriate you know budget constraints emergency repair was under city manager and the pay accounting is under the clerk pressure. So you could have that. There would be there would be no reason to question whether if it's an internal transfer, right? There would be no the only thing that I ever question is if it's coming from personnel. Yeah, because personnel is going to run through the budget whether it's the money's there or not because you got to have the spot approved and everything. All right,
so let's do this. I mean, Ron, you've got a hard out at 215. I mine's not a super hard out at two, but it kind of is. Um, do we have any guidance for staff on language or do we have we still debating those? I think it might be helpful to sort of get a general sense of where each of us is and so it's sort of a majority thing to ask for that comment. All right, go forth. Um I um liking what you had said earlier with their finance be completely separate on the same level so that there's no no way that anyone can say there's conflict or they feel dur I'm I'm willing to redefine the notices and the rest of that to come out of city clerk. I think Ron, you had the comment. I agree that's pretty administrative and that's not something she has to do or that position has to do. But I I I like keeping the term city clerk because our citizens are accustomed to that and we just redefine the take a small piece of it off and leave you with our biggest concern which is what you've been doing would be my feel. Agree. Yeah, I agree. The only thing there that the the administrative side of it all has much legal requirements, right? So that's just part of it just to make that point. Yeah, I think keep the position whatever we want to call it. I think it needs to remain an independent charter position and we need to split the duties off and cut those through where I am. I can go back to you. Well, I think my opinion will change if you come back to me,
but um it's it's just my CEO mentality that I want my CFO under me. That's that's just my mentality. Now, does that work in the city? It does some places, you know, but I'm I'm like you said earlier, I'm not willing to die on that heel if you know if we think that that needs to be charter positioned. Um, there are other checks and balances you could put in if it was with the city manager, but at the end of the day, the city manager has the accountability and that's why I would prefer it be a CFO position be under the count the city manager. 100%. Yeah, I'm I'm in the camp of having an independent charter officer that just deals with money, money in, money out, and making sure that the integrity of the money out process is sound and then also just kind of reviews the budget versus actuals and and can independently advise the commission if there's irregularities or any of that type of stuff. And then all of the administerial uh non-money things, the meeting minutes, the notices, the recordkeeping, whatever else that rolls up into some direct report somewhere underneath the chain of command that goes up to the management. I would be more I would have I would be happy of being a part of position that's on the books full-time. um a CFO could be or a CPA whatever that turns into that should be giving our city manager oversight insight into the financial health of the city and then he reports directly to the city commission. I think that we could
hire this internal auditor and be much cheaper and have a much trust more trusted process than having a full-time CFO that is a peer to the CEO of the city. I I can tell you that independent auditor is not it that you hire sporadically is not going to be cheaper than a full-time person. We pay more for our audit, our annual audit. Finishes comment. I'm sorry. It's not going to be cheaper. She's part of it. I think I'm open to hearing that. Yeah, it it's not. Our independent audit is more than I'm making a year. Um and they're here for three weeks. All right. Why don't we noodle over these things? We'll come back. When are we coming back, Jonathan? 45th, right? That sounds right. I think I would like and then Jan, if you happen to still have our proposed schedule, what were we going to do after? It's actually not till March 26th. If if y'all want to add ads in 5th, we could, but there's nothing between now and the 26th. Just FYI. I'm not available on the Sorry, I know I said the day. I thought we had a meeting. I know. I'm sorry. I thought we did, too. Jonathan I apologize. We do have it on the fifth. I don't know why my my computer for my We do. It's the 5th and the 26th, sir. Apologies. Yeah, those are previously scheduled and noticed meetings. The 5th and the 26th. What were we going to get to after officers? So, I don't have the fifth. Oh, after officers, manager of police protection, fire protection, finance generally, taxation,
public utilities, boards, and commissions. not necessarily and that'll but um we've already done the officers, the manager, the attorney, and I guess we'll finish up the city clerk. Yeah, I probably won't be available on the 5th because I know that causes a further deadlock on the clerk issue, but um they'll be I'll be in pile that day. And just a quick mention on the police protection thing. I've been asked by my office not to comment and vote on any of the things that have to do with the police here in town. And I consulted with the Florida Bar and they asked me also not to vote on anything regarding police protection. So if I'm not going to be here on the 5th, you may want to you may want to take that up just as a suggestion because I can't vote on those things anyway. Are you allowed to comment? Uh to an extent that's my guidance from the Florida Bar and my office. Same thing doesn't apply with fire though, right? I'm okay with fire. I just can't do touch anything having every day. So, shall I put that on the next agenda? Because I know we're at three we're 32 on the clerk and I probably again I I can't be here on the fifth. Perhaps we can do police first next meeting. Okay. I reviewed it at one point months ago and I didn't see like massive issues with it. But but we can let's do police first and then would you all be open to doing like should should we not do finance taxation and bonds together? Wouldn't finance bring us back to the division of duties? Yeah. I think I think clerk finance taxation and bonds kind of all work together. Yeah. So y'all So let's if y'all are okay with it, let's plan on getting uh article 11, which is police
protection, and then we'll wrap up hopefully. Clerk, wait. But you're that's what he was. Yeah, I got you. Thanks. He was saying that he would be where you' be tied to two if I wasn't here. want to do the other four. Fire, public utilities, and boards of the mission. Why don't we do police, fire? What did you say? Public utilities. Yeah. Commissions. Okay. Do you have the brief? And you could. Yeah, I could read through that and send some of your thoughts for us to share with the board as they deliberate. If if we really had to if you had a break during the files like recess, read the text and we could do have a zoom and then we can vote. The zoom is always he could hop on and off very easily. I think they break. We'll have someone go pull the fire alarm. So, you know, during the break since the Zoom is all Thank you guys. Is there anything else or can we entertain a motion regard? All favor. Thank you. But
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