Charter Review Advisory Board - Regular Meeting
The Charter Review Advisory Board discussed proposed changes to the city charter, focusing on the language for police and fire services, public utilities, and the roles of the city clerk and a potential independent financial officer. The board also considered the inclusion of a charter review advisory board and the implications of various taxation and bond provisions.
About this meeting
- Government Body
- Charter Review Advisory Board
- Meeting Type
- Charter Review Advisory Board
- Location
- Panama City, FL
- Meeting Date
- March 26, 2026
Transcript
63 sections
Um, what was our opening prayer? Jonathan or Sure. Jonathan. Heavenly Father, we just thank you for your many blessings. We thank you for this food that you have provided a further evidence of your goodness and grace in our lives. Bless it to the healthiness of our bodies. Father, we pray for our discussion and time today. Uh we pray for the work of the uh charter review advisory board. Father, we thank you for their willingness to serve our city and and her citizens and businesses. We pray that all that we uh deliberate today and discuss would bring honor and glory to you. Give us wisdom and give us discernment and give us courage. Continue to uplift our men and women in uniform as well as all of our first responders that work every day to keep us safe. We ask all this in the name of Jesus Christ our Lord. Amen. 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. I guess that was Jan. You mind doing the roll call? Chairman Berg here. Mr. Danzy will be late. Mr. Ferrer. Yes. Mr. Anderson Jansenius. Yeah. Miss Goon here. Mr. Chairman, you have um you guys had an opportunity to consider the minutes from the last meeting. I have there's no revisions on a motion to approve. All in favor? Favor there. Um audience or Zoom comments or anything like that. Is anybody on Zoom
this cloud other than us? us. Thank you. There's no one online. So there chairman, we are streaming live though or recording it. Sorry for sure. Um All right. Well, let's do our staff reports. I think we have a few. You do? Yes. Just uh from myself uh Zimmerman's team has some additional stuff as well, but um as requested, we uh get some information from around the state. roughly 35 or so examples of how elected officials have paid in other cities and towns around the state of Florida as well as the current active boards uh that we have and their calendars where they meet, who's on them, all the information. I did email that out to you guys uh in advance of today's meetings. And as you'll see on the salary front, I mean, you really got a little bit of everything here. Uh you've got some um uh you know some smaller cities uh and some mediumsized cities and some very large cities in here. Um you know a few of them have it kind of baked into uh into their charter. Some of it it's set by ordinance which is how we do it here at the city of Panama City. Uh some of them are which I found to be very interesting. They uh kind of tie it to the county commissioners and then it's just a percentage of it. Uh and so that's how both uh Leon Leyon County does it like that. Uh and actually theirs is set 100%. Uh and then uh in Valuchia County, which is Daytona Beach, that's a percentage. It's 75% of the county commission salary. And then there's another one that I think's like um uh Venice Beach, which I think is CER County, it's 20%. So in in America, it's a little bit more. So, um, you've got all these options here just to kind of, uh, kind of show, uh, how it is, um, throughout here. Um, seems like most folks do kind of have it baked in in a very in a very formal fashion and it's not really just simply left up to, you know, to the elected officials
to kind of change it if they see fit. So, happy to entertain any questions about this. If there's any more detailed questions on the board uh meeting, you know, uh Miss Smith uh can can address some of that. But I think this hopefully this gave you guys some of the information that you wanted in order to uh think about how to bring the salary for the elected officials moving forward. Question I know we're going to discuss this, but I would just add one thing, Mr. Chairman. I think if you look at um for example Valuchia County which is Daytona Beach uh mayor receives kind of right in the middle mayor receives 75% of the county commissioner salary and then count yeah you have through email and it's also item number seven in today's agenda. Oh yeah, I emailed this out. Uh but then you've also got it printed by uh Miss I saw this. Yes. I did not see the the second. Yeah, I think one more place back there. the discussion. I really just I'm sure my goal is to get into a pattern of we'll ask questions. I mean, as far as substantive stuff, it I mean, it definitely like flows together at times, but Brandon, what am I missing? Uh, yeah. So, just as a quick aside, like so Daytona Beach, which is right in the middle, it's Valuchia County, um, you know, the mayor receives 75% of what the county commissioners get. And of course that's set, you know, by the state. There's a formula. It's based on population. I think that makes a lot of sense. Then you see the council gets 75% of the mayor's salary. That's because I think in in that situation, the mayor, you know, probably does a lot more than your
commissioners here in Panama City. And you'll see this kind of very a little bit more similar maybe to how um uh you know kind of how uh Miss Venice does it where it's a percentage of the county commissioner salary for all of them and then the mayor gets like an extra $1,200 or an extra you know extra 10 grand or something. Uh that's if you do a little bit more. That's kind of how we are right now. You kind of have that base salary here for our elected officials, which I did compare us to Panama City Week Haven, and then Bay County at the bottom. Basically, here our lowest full-time paid employee is the entry salary for an elected for our commissioners. And then the mayor gets an extra, I think, $1,800 top of that. So, that's kind of similar where the mayor just does a little bit more. So, you know, if you wanted to do if you wanted to kind of follow that route and do it like a percentage of the county, um you know, I think giving a little bit extra to the mayor, um would be would be appropriate. I don't know that I would necessarily do like, you know, 75% for the mayor and then of that 75% for the commissioners because they do do a lot, you know, having board specific representation. So um but again as a reminder that all of our county uh commissioner salaries um in the state of Florida and the six constitutional officers all those are really set by the legislature. There is a formula and it's driven by population in that respective county. So and that information provided uh earlier by um by Mr. Zimmerman and his team. So as a as a reminder it looks like this right here if you probably still have it in your files. Okay. The county commissioner salaries are set by state. Yeah, correct. Oh, I didn't see Mike down there. See you, too. Um, I guess I'm being aspirational here. Any other questions about the data that we've provided? We'll go into the substance of it shortly here, but any questions
or other information we want from Jonathan? Good job. Yeah, thank you. Well, Miss Smith miss team gets most of the credit. There just happened to be a survey uh with the uh we still thank them though associative of city clerks or something for the association of city clerks just happened to be doing a survey and I was like oh I'm just send all these I just put it in a spreadsheet that's all I may I just add that we I I happen to have this information already um regarding whether salaries in certain cities was in their charter or by ordinance by resolution. So I just pulled that together and added that today. It just gives you a kind of a concept of how many you know whether it's by charter, whether it's by or it's a mixed bag. And just just make sure I understand is is there is there an effective difference between ordinance and resolution? No. Okay. To me, it's still it's still a commission decision. Ordinance requires two readings and resolution is just one. All right. I I know my concern was more so at what at what layer is the decision made? Charter is obviously a citizen vote, ordinance, resolution, policy, whatever else is a commission level vote, even though there may be a little to it. Correct. What what are the step increases here for Panama cities? I mean, basically every step I think it's like 3.3%. So, how would a commissioner be eligible for a second after after one year, two year, three year? seven or eight and then 10 I think. So we basically have we have grades one through 26 positions although we don't have any grades one two or three that are actively working for the city. So the lowest full-time employee right now is a grade four position and then there are one through 16 different steps and to miss point it's it's based on seniority and how many years you and the commissioners are part of they
are part of that. What is the status quo as far as other benefits for the commissioners and the mayor in Panama City? So, they have same options as the city uh if the only difference is is they get the um they get a $500 a month car allowance that's automatic and I think that's probably I don't know if that's ordinance or not. I'm not sure. Yeah, but they then it's got to be by ordinance because it's not by charter. Yeah. Okay. Then then it's by ordinance and they get that and uh the only difference is some of the directors and and senior managers would get either $300 or $400 depending on how much they drive but they get access to health insurance. They have you know same options to the general employment pension fund uh as well as the executive management. When you say access to health insurance that's something they don't have to take it if they don't want it. If they if they choose to take it they can. Okay. But if they don't take it they don't get anything else. That's just a Okay. All right. And they do have to do the same contributions an employee would have to do for the insurance them and dental as well. Okay. And short and long-term disability. And how does the pension system work? Uh so it's a there's general employees and the city contributes 10% of the annual salary on behalf of the employee at no with no match and that goes into like an invest goes into an investment fund. It's like a 401k but not a K. It's another letter. um they have option to do a pre-tax tax deferral like a 457b if they want um but there's no contribution on the city's behalf. Uh and then they've got um the supplemental pension has three different vesting classes that is a defined benefit. So they contribute four and a half but it's whatever the actuary dictates that year. Then the city matches that in contribution and then that pension plan other sorry city contributes. Go ahead Jim. Employee contributes four and a half. The city contributes whatever the actuary says that they um is there a vesting period? There is. So there's three classes. Uh the the elected officials are in class one. I believe it's a six-year vest to
100%. Class two is and I think the I'm in class one as well. you're you're in class one and Jan is as well. Uh then there's class two which is um the assistant city managers is a six-year vest and then class three is our department heads directors and that's a um uh 20% vest at six years with fully vested at 10. Okay. So commissioners are class one correct? So if you're a commissioner for six years you get your commission salary for the rest of your life. So you get a varies. It's one it's once you vest it's 1% of your um your earnings um and then that compounds every year an additional 1% of length of service. So we have like Commissioner Mike Nichols for example he's he I think he served 12 years 16 16 10 okay so 10 years just 10 number he's around $400 a month is what he's receiving so in and that pension kind oh I see so it's it's much you'd have to do a very very long time to receive your 106 years yeah it's minimum $50 a month and the pension plan is very healthy. It's it's it's funded to a a good degree. So it's not and it's very small membership as you Yeah. And the supplement, Mr. Chair, I mean that's it's administered by the Florida cities. Any other just general questions about the expanding code at this point? Thank you guys. Um what's the next report? The I have a report just real quick. Did you have anything else? No, sir. I'm good. Thank you. The board the board requested information board is attached. Go ahead. Directly after his um we just provided a copy of the board schedule and then all the makeup of
all the boards and then the definition of what the boards do behind each board. So that was requested at the last meeting. I know one of the things we specifically asked was do any of these boards have any um spending authority? No. I mean I know DIIB and airport those are different animals. Um but the rest of them don't they don't have a budget or anything that no and they don't get paid none of the direct none of those petties or allowances travel allowance or anything like that. We have questions about our our fourth fourth. Right. Thank you. The paperwork that we emailed some this morning have added to us. The first this is a two-pager. These are just the change pages in your black red line of the charter dealing with police services and fire services. And the sentence says the same which is the city commission shall maintain police services and then fire services with the lead person designated by the city manager. Period. And then everything else that was in the charter, this is this one page of the word has been uh stricken. So that that we believe that is reflective of what y'all talked about at the last meeting. A question came up on municipal boards if there
was any provision for removal of a committee of a committee or advisory board or whatever. And the answer is that under state law there is standards on how you remove a member that you've appointed. So it and and what we have is a copy of section 112.501. 501 and highlighted in yellow deals with grounds for suspending or removing. So the main point is that we don't have to put anything in the charter concerning removing individuals from a board because there's state law that deals with it. So that's that is provided there. The chart that Caroline's already mentioned, it's a chart of sample cities with salaries. It just talks about where the salary came from. Charter, ordinance, and resolution. Another chart that Caroline did, chairman, you had asked how how do we use the word regulation? And so we just did a word search and there's a little chart that shows first the word regulation and every time it's used in the existing charter trying to you know trying to get things uniform. So as you go through it, that's how it's used here. And uh then we also looked at the word ordinance. Really just just trying to we might want to if we use a different word, I agree with you. Let's let's do it on purpose. Okay. So one more thing, can I interrupt you on the on the uh regulation thing? So yeah, like when I looked at this, it it just kind of seems like the charter just kind of uses the words interchangeably. Yeah, but if you go back up to Florida statutes, it's not like they define the terms differently either way. So, if I'm understanding this right,
it's just basically we need to clean up the terminology and try to be consistent about what we're calling it. Correct. Understood. Okay. And um in 1963, I didn't know any better when I wrote the charter. That's the relatively young attorney at the time. I mean in your defense uh in uh there's a memo u about does Florida law require charter to have a provision for urban services and this was a question that came up and the answer short answer is no you don't have you're not required to bake it into the charter because once again there's Florida statutes that deal with it. I won't go through all of it, but just look at it and if you have any questions, but there are even provisions in Florida statutes how you provide water and sewer services outside your municipal boundaries. So, you know, right now our charter talks about it's odd terminology, but it talks about without Yeah. How you provide water and sewer without the city or but it it's trying to say outside the boundaries. doesn't have to say that in the charter. I think you we already have that authority on the floor of staff. And then um Mike Burke, I believe Mike has met everybody, but he's my partner also. And Mike uh handles everything that related to the planning agency and and question came up, well, what do we have to put in our charter about uh our planning commission and how that works? And so Mike is here to talk about um we have a copy of the statute on local planning and seems like I have one other I guess that were what was it attached also just
to so he's he's when you want to he can talk about uh you know what the charter says now and does the charter really need to say that to have authority to have a planning commission things like that. Yeah, that that question came up and maybe haven't already told you. When I read it, I don't have an intimate familiarity with planning board, but a decent one. It just seemed like what the planning board does reflect what's in the charter. Not that it's wrong, but obviously we want consistency there. So, what we were asking for is just without even any regard to the charter, what what is the planning board actually doing? What level of authority do they have? And then we can kind of say, is that sufficient? Is it dictated? Because one of the things we're learning a lot about is obviously home will rule power and a lot of this stuff is already governed by state statutes so we don't even need it. Some of the stuff you know so basically if you can kind of give us a primer on what the Panama City Planning Board does and then we can kind of pull on the threads from there. So you've got two two our things there. First is the Florida State statute which obligates mandates that you have that the city have a local planning agency and that you designate one which we have designated you do it by ordinance according to the statute. So you don't need to have it in the charter. You can you can take it out. It's super be there. Um and then I just just as proof of that we're following the law. I've provided you the ordinance in Panama City that designates the planning board as the local planning agency. And so the the planning board's um probably one of the more active boards that you have uh within the city and it it is obligated to u plan for the future growth of the city through adoption of a comprehensive plan or amendments there too oversee the evaluation appraisal report which is part of the comprehensive plan that we have to do every five years or so to update our our future growth. Um and then it also hears um and considers uh zoning requests or reszoning requests um within the city.
Um annexations. If you want to annex it within the city, you go to the planning board first. Um uh the other other items it would be would be text amendments to any of those documents I just just talked about. Um and so those uh something else would be development agreements. Sometimes commission I mean um developers come and have a long-term plan about developing something and they want to enter into an agreement so they know that the rules that they're developing under today are going to be the same ones that they develop under because that's the way they've planned their project. Right. So the the planning board here's development agreements. um trying to think of any other all of those um items are items that they only recommend they make recommendations to the city commission over. So those items that I just told you you come to the planning board first you go through a staff renewal or an evaluation um staff presents their recommendations. the planning board hears it and determines whether or not they want to recommend approval, denial, or some other kind of form to the uh to the city commission. And then there's a another set of hearings. Typically, another two hearings are held at the city commission to uh consider the applicant's request and the planning board's recommendation and also the staff's recommendations regarding those matters. So all those items I just told you about um are ultimately determined by the city commission. Other things that the planning board hears that stays within their purview uh with a one or two exceptions are um variances um abandonments actually abandonments are are recommendations. Abandonments of rightway or or easements end up in the uh the city commission with a recommendation from the planning board. But all that works, variances, some conditional uses,
and um certain things like major development orders, um anything that's over four or three stories that's going to be built or over a certain acreage that's going to be built that um already a would meet this the criteria of the the planning the zoning code or the building code. Um those are think of developments that are of significant enough impact that you want at least one body to one uh public hearing body of the city commission or the city to hear. Um those go to the planning board for review. The most recent one we've had was um there's a proposal for a marina right behind um the courthouse uh where the Masonic Lodge is over there. Uh we had a major development order hearing on that. Um, in order to get to that stage, you have to have met all the requirements, checked all the boxes um, within the within the code, but the planning board ultimately has the the decision of whether or not that major development order can be issued. So, variances, major development orders, um, and some conditional uses, the planning board hears those and they're the final decision maker on those matters. And if you don't like their their decision um then you may appeal that to the circuit court and it's on a an appellet route denovo review um under certain criteria um that the appellet courts dictate as to what that state what those standards are. Um there are not we do not have any um appeals of the planning board that go to the city commission. So, if you don't like a decision of the planning board on a variance or uh major development order
um or a conditional use, then you get the opportunity to go to a circuit court saying why is that processed in an ordinance or is that in the statute? Ordinance. By ordinance, we decided what jurisdiction they have on that. Uh we're obligated to pro for due process reasons, we're obligated to provide them a an appellet an automatic appeal revision, right? For your appeal. uh but we get to decide who is going to be the body that hears that. So uh city commission typically just has determined that those kind of issues need to go to the circuit court to be reviewed. So no city commission uh approval on that. We go straight planning board and whatever they decide to sit. No commission involvement. That's right. Variances. You come to the planning board and if you don't like the decision at the planning board, you go to the uh court as sir. on an appellet review. It's not a full-blown trial or anything like that. You've got to present your record and you argue it, you know, on paper to a to a circuit judge who is bound by the by the appellet rules to give great difference to what the planning board has determined. Yeah, this is way outside the charter. It's denovo review or discretion review. No, it's denovo review, but only only for substantial competent evidence and due process. And those are the only two things you do. And you know, I caution folks all the time when they want to go challenge those decisions of the of the planning board that u you know the judge is going to give us great deference over that provision. And so it's got to be really really bad, really egregious before a court's going to over it. 90% of what the planning board does is recommendations. Yeah. zoning, um, land use changes, comprehensive plan changes, all go as recommendations to the city commission. And the city commission has
another public hearing a little bit of typically by ordinance or resolution depending on public. Usually it's usually it's ordinance. So you end up if you're an applicant for a comprehensive plan or resoning or something, you need to change the classification of your property. You've you've gone through three different appearances before a a collegial body. One at the planning board and then a first reading at the city commission and then a second reading and adoption at the city commission. Um Mike, you're going to be here the whole time. If you need me to. Certainly. Good. Um any other clarification questions for any staff at this point? Okay. Um, I know we'll get back to this. I'm trying to have like just these and then like the debate, the discussions, whatever. We'll probably end up revisiting. We will end up revisiting this. Um, all right. What else do we have for staff? Was that's all I had. Um, one of the things that and it's in the meeting minutes. We were going to hopefully and maybe we just don't have it. Uh, perhaps some of the stuff that's not in our charter that should be considered. Has anyone had an opportunity to look at that stuff? If the answer does not be deal like other like other examples of the cities that yeah it says research model charter and sample charters for things that are not in the city's charter. That's I mean I'm not calling somebody out but okay. So let's roll that over the next time. One of the things at least I had talked about was it's not that hard to review the stuff that's already there, but it's hard to know that if there's something that could be there that's not there to begin with. That's where you have to draw on the experience of you guys to say, "Hey, you know, Tallahassee actually has a provision that's this and it's not even in here, so there's nothing to compare it to." So, if y'all
could we'll we'll look. Thank you. There there was one other thing and I don't have a handout on it, but you some a question came up about length of contracts and is that something a charter could even do. Um, we don't really have an answer specifically because we don't we didn't see any charters that attempted to do it. I just wanted to give you a little more feedback on the on the general question real quick. one is it's it's hard to to uh think ahead as far as how long a contract ought to be. For example, uh there is a contract you can sell property and there's no restriction in our charter about selling property. You can also lease property and we had a 60-year lease with St. Joe for them to entice them to build the Hotel Indigo and Harrison's restaurant. So that's a s we talked about a 75 year lease. So that's a contract that's long term. Also after the hurricane uh the city was eligible and received $120ome million dollars of money from through the department of environmental protection for what is called state revolving fund loan. But it is 0% interest. It is 25% forgiven once the projects are all built and it's through our utility fund, water, sewer, roads. But I believe it's defeased over 40 years. So, that's just an example of a long-term contract that you you you want your future boards to have the ability to take advantage of 0% interest, 25% forgiven, and get $120 million worth of water, sewer, and road stuff. So, there's there's just some and I had and then of course we have the
um the franchise agreements that are typically 30 years long. But I just wanted to give you that background. We didn't find any that had that restriction on it, but probably because people thought about it, they couldn't think of something that might happen in the future where you would regret having a restriction. So that that's it. Just a little bit of feedback there. This the city of St. Augustine just signed an agreement with an operator for their amphitheater and um final performing arts center for for a 30-year term as well. So there's operational agreements out there at the state level. So state statutes regulate the terms of the audit agreements that they can be no longer than five years. Oh yeah, that's true. Another thing on your my report I told you I was appreciate. Any other questions about that? Um any other staff reports for health and utilities planning boards fire protection list of boards advisory boards you're going to get back to us on the model charter thing implementation I think that's everything that was requested awesome thank you cool um all Right. We can probably talk about police and fire together. So you guys have that language, right? Yes. So we've already presented that. You guys have copies of it proposed changes. Um thoughts, concerns on the 22nd page of articles 20.
This one there is there's a one page one. Yeah, there's a one pager too. It's page 22 and 23. I mean if I if I recall correctly, we wanted three things. We wanted the existence of police. We wanted to wanted it to be uh have a lead person and that lead person is appointed by the commission. And I think they've done that pretty effectively. Mr. Chairman, and I may be remembering incorrectly. I don't I don't I thought the board landed on shall designate a chief of police, right? Chief of fire regardless if that's a third party entity just like we designated a chief building official and that was EPCI for a period of time that fulfilled that or and now it's a city employee. So I just didn't know if that were city employee. No, no, it says just as a lead person. So it doesn't say shall designate a fire chief or Yeah. I think we should use the traditional language that everybody knows. Um, chief police. I'll comment on that. There were several different terms that were used and then ultimately the one that was done in the motion was a point person. Then we were asked to to provide the language and but leave was used, chief was used. There were different choices that I had. I just I chose this one. But if whatever you want I think for the public to understand what that is if you mean so would the suggestion be that the language say the city commission shall maintain police services with a chief of police designated by the city manager? Yes. Absolutely. And I understand why you did it that way just for the common understanding of people who might pick up the choice. Yes. Mr. Mr. Chairman, my only question that would that ever prevent us from doing something similar to what does where they don't have a chief of police? You know, that sheriff Harvard provides law enforcement
over there and there's basically I don't know if it's a lieutenant or a captain. It's basically the point of contact, but he is not considered a chief of police. he's considered either a captain or lieutenant with the sheriff's department over a certain team and a certain specific region within the county. That might handcuff future staff and commissions from ever being able to consider that as an option. So I I can tell you what my spirit is is that there is a breathing body that the commission can poke that's accountable for the obligation of the police services. If we call them chief of police, we call them at whatever chief guy in charge, I don't that doesn't make a big difference to me. So, however you guys want to do it. Well, then this language that's highlighted is more flexible or do you have I'm open to any sort of suggestions as long I mean not that it's sub that's what I thought we were trying to do. I think it's pretty significant for a city as big as Panama City to push off the responsibility of police and to absorb or take, you know, the sheriff's uh forces to to do that internal job. I don't mind it being a little bit difficult to make a change. I mean, I think the city not advocating either way. I like we can we can I'm responding to what you're saying. If it takes a little bit of work to change that, I think it should be changed. I I think citizens expect that their city this size is going to have a chief of police and a chief of fire. So you can kind of do it both ways from a drafting exercise. You could also say the city commission shall maintain a police service with a chief of police, or lead person, designated by the city lead manager or other lead person. Okay, that that sounds either way the charter items we still maintain a police presence. Yes. Whether we sub contract out or keep it in house. I definitely like that better
with that. Do we need a new motion? Yeah, we can do that. Okay. New motion for police and fire for the same language. Is there a second? I'll second. Any other debate on that? All right. All in favor? I I'm abating for this requirement. I not discuss with police if he abstains. Okay. For anybody who seems to apply anyway. All right. Okay. Uh public utilities. So Nevin gave us the memorandum on the public utility situation. Um you guys mind if I provided a suggestion? Not at all. Uh in the memo that Nevin has, I particularly liked the Pensacola language that's at the very bottom of the first page. That language simply says shall have all governmental, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions, th municipal services, and may exercise any power for municipal purposes except when expressly prohibited by law. I think that covers everything that we're intending to accomplish. It's probably not even necessary at all, but I think it just makes it clearer. And unless we're trying to otherwise limit that, which I'm not saying we're not, I don't know, but otherwise I think that incorporates what we were trying to accomplish at least what I'm trying to accomplish. I agree. Yeah, I think that's right. and you get that back to the state and search. I know we're
kind of wrestling with what municipal services means and I appreciate the the definitions here and or urban services, excuse me, and I don't think the intention of the board here is to put any sort of limitations on what the city can do as far as the provision of municipal services as long as it's obviously not contrary to the law. But charge, don't charge. upcharge, go north, gopoint. I mean, I think the idea in the charter is that do as the commission sees it further. And what do you think? I So would the suggestion be to That was where I was going. I think is that paragraph or something like that enough to cover that whole article on public insurance because now we've got no sections covered under that. Now under under 216 it has provisions for warehouses and ship channels and breakwaters and boulevards and on and on and on. Is that necessary or would those types of things be incorporated in the Pensacola language where it says do yeah municipal functions, municipal services, municipal purposes or is there a value in enumerating these things?
I think that I have never looked at the charter for authority of statutes didn't already provide it. In other words, if Philadelphia statutes didn't allow the city to do these things, I would be very nervous about relying on just the charter today today. So, probably there's nothing this does not give us any additional authority. So, I think one question is if you're inclined to just scratch it out. I think that will be useful for us to know and then we'll go back and we'll confirm if that we've looked at it and we don't think you got rid of any authority that you already that you didn't already have. Does that make sense? Yeah. I mean, big picture is that the charter for all practical purposes is a limiting document. It's not an expanding document. It can't be, right? I don't think so. But I think that the charter when it was written was intended to be an expanding document. Power. Well, it it deals with how you have authority to go outside the municipal limits to condemn property and how you can go outside limits to provide water and things like that. It sounded to me that there was a concern that they didn't have that authority unless they put it in the charter at the time. Now they would. Right. Right. That's that's what I'm now. I don't think there's anything. That's what I'm saying. That's I agree. Okay. We're on the same The My only comment to that is I mean the legislators have been pretty aggressive with taking away authority and things of that nature and limiting home rule and limiting the ability of local governments to do business as they see fit. So, I kind of like having it in our part of, you know, even if it's repeated because
they may change things. Yeah, I'm I'm fully with you. I think we've we've just reemphasized that they have all the powers unless they unless prohibited by law, unless they don't. So, you're right. If the legislature claws it back, it's gonna happen anyways, but on one hand, it feels kind of awkward to roll up what 215 through. We don't need it. We don't need any of it. Yeah. Section 219 is the only one that doesn't have that editor's note, but I believe that that's still covered by the um yes, I don't think uni codes made the edit yet. So, do we in a position to make a motion on that? Let me try. Thank you. I think you could just limit it to say that you wanted the paragraph that the chairman referenced. I make a motion that the paragraph that the chairman mentioned would um replace all the information under article what 17 public utilities and we would end up with just that one paragraph. I second. All in favor? I Mr. Chairman, I know this is an organic document and you have the ability to go back. We will look at this with your and and make sure that it's my impression is correct that there's you didn't give up any authority using All right, we're done. No time here. Okay. Um,
boards and commissions. So the charter is states planning board other boards that are listed have been added by commissions. So any board is necessary by ordinance right my understanding. Yeah, right. The state law says by ordinance. Other question why is it planning part? You saying that the statute says has to be by ordinance. Oh, it does. That was my understanding. Maybe I've got it wrong. Mike, what was that? We We A planning board is established as a matter of law or the commission is required to establish a planning board by ordinance. They've already done that. Yes, I know they have. So, it doesn't have to be in the charter. Correct. Yes. Take it out of the charter. Take it out of the charter. Are there well we put I think this is where we're going to put in that there's going to be an citizen advisory board that aligns with the census would probably be underneath of this it's true to completely agree that that's a good point good recollection the I did have
some approach by some citizens and I thought might bring this to the table for discussion They requested and I I haven't done any other research into this, but they requested that any advisory boards not have city employees reports. Now, we've got some boards like the supplemental retirement pension fund board that has city employees. All the pension boards. Yeah. All the pension boards. So the the conversation was citizen engagement and citizen advisory is obviously they don't they get to collect feedback and then it goes to the commission based off of a true and genuine means of collecting information from citizens conflict of interest and what how genuine that information is if it's being collected by a city employee. How many of them do have city employees on them now? Look, I think just pension boards and the civil service board. Civil service board has some former employees. Um but there's no there's no active I don't no active employees on the board. Um the the pension boards, those employees are have to be members of the plan. Uh they're they're considered trustees of that of those funds. uh but they're managed I want throw get the wrong impression they meet once a quarter they get a their investment advisor from the Florida League of Cities gets on the horn and they talk they they talk about the performance of those funds and then he offers us options but there's no no real citizen interaction. There is there are two commissionapp appointed seats on each of those boards as well and those are
non they they could be employees or they could be non-emp employees. Um but as far as the advisory boards go I I mean from a staff perspective all we do is we get assigned tasks like like in this board and then we go do the research and provide that to the board. There's not that's I don't think there's any intent from staff standpoint to influence any board's decision. What the other comments about whether or not this charter necessary to have language about the report? Well, I think that section 259 is kind of all-incclusive. If the commission wants to appoint an advisor report, they can. That's probably helpful to be in the charter. Yeah, I think so too. Mr. Chairman, there is one point of clarification. I think the only the only thing that the cities are or cities are uh um procluded on advisory boards is citizen oversight boards of police, but that's in state statute. I think that's recent in the last two years. Is the what now? Uh the the uh cities can't establish citizen oversight committees for police. They cannot. Okay. But again, it's a state statute, so it shouldn't have to be addressed. I actually think the language might be important. If you look at the supplemental retirement the pension fund board that is totally different to me than an advisory board right so the language
specifically says advisory boards and there's a distinct difference between advisory boards and I don't know what you would pension fund board still a board but advisory boards could be those created by the commission or by ordinance or statute somewhere. I believe it's by ordinance, but I mean I think it might be stat might could be statuto probably for the I would say for the um fire and police it is probably statutory that they have a board of trustees for the management and general employees. I'm not so sure. certainly best practice, but I'm not certain that it's statuto. So, we have we have planning board that's dictated by ordinance, which I think our intention is we can remove division two except for maybe Cecil's point would be just having something in there to make it clear that there would be a planning board as required by law or something. I mean, a little bit more in depth than that. Just to put a pin in the uh finish up on the planning board, would the would the feeling be to just remove it entirely or just have some kind of provision that acknowledges the existence of it law? Okay. I think we all need a matter of is it is it better? Yeah. And then they'll know what they'll have questions. I myself big pretty big responsibility. 10 years from now, the next board's going to be looking at this and being like, why did they leave here a state
statute? Is there a reason they left it here like we did with the clerks? There's a lot of stuff under the statue. Like we're like, well, what happened? We try to piece together this story. So, I'm an advocate that less is more. If it's already structured, there's no reason to add it into a secondary document for anybody to question later. Was there an different purpose? There there's a couple little things in here as I'm reading this again with the context that Mike gave us is like I mean I just I just glanced at the statute just via Google search and looked at what some of their powers are. It's kind of hard to read on my phone and on the fly here, but like says they shall serve without compensation. So I don't know if some planning boards get paid. Um, and then I don't know if we want to even and I don't want to just add things just for the fun of it, but like is there any limitation on who's eligible to serve on a planning board? They have to live in the municipality or award by by the ordinance. So that you can by ordinance, but not by statute, but not by statute. There are requirements that um that we include a schoolboard member exeicio or a schoolboard appointee exeicio. um military, a few of those. Um none of those folks ever attend and I' I've served more than just the plan the city plan city planning board and I've never one exception. Walton County had a guy that would show up every once in a while for the school board. Uh but other than that, those are the only ones that are required by statute, but they're all exeicio members. They don't get to vote. They're just supposed to kind of keep a tab on what's what's going on. Um so no, I mean I I think removing it is obvious I said earlier you remove it and you're required by state statute to have it. They tell you what the what the status is. And then the other the other question was I don't know of any board
that I've represented um that's advisory that receives compensation at all. Um they're all I mean the thing that we constantly debate though is is that good policy or does that need to be baked into the charter? right? The the the without compensation. I mean, right now it says without compensation expressly, so they couldn't pay me if they wanted to, right? But if you've got these broad powers where the planning board exists and who's going to be on and on and on on and on, I like I said, I don't want to just do something for the fun of it. But is it like, do we want to put something in there that says they either they can't be paid or they must be in the wards or they must be in the city or any of that type of stuff or just leave it by the statuto default? Leave it by statuto default. I think if we're going to put anything in here, it's going to be do we want any additional restrictions like a term limit, right? Having a term limit on the planning board, right? That could be a charter item. Not that I'm saying we do that. I don't think that we should. I mean, I'm leaning towards I I I I don't have strong feelings. Oh jeez. whether we take it out entirely or we leave some kind of provision in there that just makes it clearer that it does exist and that we're going to follow the laws. But I go back to I do think these are sort of and I'm I'm the one introducing them. These are uh solutions looking for problems and if we haven't had a problem with planning board members being there for 50 years or you know people jerrymandering or people drawing from Walton County to be on our planning then what are we doing like that? You don't just leave it. Uh, as far as the the long-term existence of a planning board, that's typically good to have at least somebody who's been there for a long time because they remember, you'all were discussing a minute ago, you know, about why did they put all this stuff in with the clerk? And by having someone who's been there a long time, um, Ray Deuke,
yeah, served 20 years, 22 years, I think, on our planning board. And uh we were disappointed when he left because he did he could recall so many times why we did X Y or Z that there's a real benefit to that too and and they they turn over frequently enough. So let me ask this question. Does anybody want to entertain some sort of restriction on the planning board? Well, only as we were talking it it occurred to me and um I haven't studied it that is there any requirement that the planning board members be made up of the different wards by ordinance. What does the ordinance say? Yeah, but that you pick from the ward and each commissioner now assign picks their There is a requirement for it to be represent. Is that the where the ordinance? I thought the ordinance just says that be from the city and then there's kind of a handshake agreement right now. It had been updated in the beauty code yet. So yeah, we adopted that recent months. That is very recent. Well, that was effect in January, didn't that's when it went into effect. I just know because Chris Damps was on there. He's a friend of mine and he was talking a little bit about how they changed it. Yes. But they beat me do it. So, we we changed it in about November of this past year um to be that each commissioner appoints from their ward and um at large and then the mayor was at large. Yep. And um and it didn't go into effect until the end of January. We gave them time to go pick there. So, that's why I think you haven't seen it in the uni code stuff. I just heard that. Okay. All right. Um I think there are a lot of reasons to be critical of planning board. However, we are stuck with the default Florida statute as it is. Yeah. So, the question is going back to is there anything that you think you're suggesting belongs in the charter regarding the
planning board? It would limit their authority. I think that's better left of the orange figure it out. Supersede anyway. Ordinance would supersede anyway. State law would trump charter. The ch the charter could ever find it down. I don't think the state law says you have any limitation on who you pick for your planning board. No. I mean, if you were going to if you were going to do something to limit in the charter, if you were worried about the planning board, you would say that the uh the city commission shall be the local planning agency or you know the in other words, if you didn't want the city commission to be the the local planning agency, that first level review or or something like that, you might do that. But that would be the only But you could have a situation where if if the mayor picked his buddy from Tallahassee, he could serve on the planning board or she could. But except by ordinance, it requires that you be I know. But I'm saying if we struck everything out, then absent an ordinance, Yeah. the charter wouldn't restrict that. Correct. And so, but I think that's a solution for the problem. All right. My only concern sounds like it has been addressed. Making sure there's representation across all communities. Should we create that as a standard of the charter that all advisory boards that need boards need chosen? This has been a question I've been asked in the past. Hey, right now us we weren't board chosen. We were commissioner chosen. Same way with the parks and rec board that was just that might have been commissioner chose a a citizen from their board for the parks and recourse. That's correct. So, I don't think it was restricted, though. They they just they all five got to pick. I'm I'm going to suggest no. And the reason why is because some of these boards are very technical. So, I'm just going to pick on the board of architects. So, if you're like, I got to find I got to find five people with architectural knowledge within the city limits of Panama City. I
I just think you're limiting your talent pool. And so, and then to start picking and choosing, well, the parks people probably should all live here, but it's also like we also share parks, too. Now that I'm kind of thinking this through out loud, so I hear what you're saying. I mean, I I certainly would prefer that commissioners pick people to live in the city, but I just as far as like hard and fast, I don't think it's ever happened. I don't think they would do it. Yeah. Okay. Just get destroyed. All right. So then somebody make a motion one way or the other to either strike the entire provision on the planning board issue or make a motion to put some limited language in there that says that we will have a planning board. Yeah, I make a motion to strike the entire provision on the planning board. Second. All right. Any debate? All in favor? I oppose. No more planning work. Um, and then what about advisory boards? Any changes on 259? That's I do think we should add in the start review. Yeah. works the mandation read that is and I know we had language on that many meetings ago but I don't know before we get to that do we want to leave in 259 or do we want to get rid of that as well I think we need to we need 259 yeah I think we need to you need 259 okay I don't see a problem with Mr. Mr. Zimmerman this the appointenior senior so much older than me the uh obviously the city commission without the charter has the authority to appoint the advisory committees and and set up any standard or membership or anything and appoint and give them
any duty that they would like to do. So, you don't need 259 for purposes of giving that authority to the city commission. Or does nor does 259 limit them. I think it was written I'll share this. I like 259. I don't know why. I know it's kind of hypocritical because we just got rid of 260, but I just like it and I'd like to keep it. I don't know. You're not going to leave it, too. So, but is it doing anything? Legally, I don't think it is. But, but that's not the only test. It may be you just want it there. I think what it does do is it brings clarity to you can do citizen advisory 20 years 50 years from now and they looks at the charter. The charter is like your guide. If it's not in here it's like is there anything that should have been added or could we have done something differently? It just gives you clarity on yeah you can do if I'm going to make an argument for why we have advisory boards but we don't have language on a planning board is that we're going to have a planning board by statute. Whereas if a citizen is reading the charter, then if they don't know that there's the authority to have an advisory board, it's going to be very challenging them to find that. And so I think if they saw that and they go, "Oh, there's an advisory board. Maybe I want to be involved with it in some shape or fashion or whatever." So like I'm not going to die on this hill. I'd like to keep it. But I I agree with you. You know, my perspective is even though things may exist in other documents and other, you know, legal creations, a person knows to look at the charter and just to have that little flag there is a good thing. So, do you want to make a motion to keep 259? I make a motion that we keep for second. Second. All right. Any debate? All in favor? I Any opposed? Yeah. But now going back to Brandon's point, I think we do need to add a new section 260 or for the charter review in x amount of years. Yep. I think that should has to be in the chart. Do you remember where we left off on
that? It was going to be like a year after the census or something something along those lines. Correct. Right. For the reortion. Yeah. After the census. So every 10 years they got to look. Yeah. Starting with whatever the next census is going to be. Right. Yeah. 23. And there was language. Yeah, we've seen that language in the Should it be tied to the census? It shouldn't be tied to redistricting because we have we're going to have the legislators are going to some of them want to do redistricting midterm mid cycle. So if if you we are trying to track when there are changes political changes of you know who can vote for who but just because they're redistring doesn't mean that the city would have to redistrict. Am I right? No, I don't think we would have to. But it's true. I don't think they're doing a census now. I think you're just doing they're just redrawing lines running last estimates. So that's different I think because remember the concern is that as the population grows and we have to redraw the wards if the creation of an additional ward or anything like that should come up every 10 years. That's the idea behind because you know when we had this discussion about creating a new ward it's we're not quite there yet but we may be there the next census but we don't want to wait 25 30 years before they add a new ward or do anything like that. That's the idea. I think we could put language in there, too. Like the the standard is we review once every 10 years of the census, but we don't limit ourselves to that. The board could after we do ours, they could assign another citizen advisory board if they want to. So, we don't limit it to just every 10 years. Minimum. Yeah. Yeah.
So, do you want to make a motion? Yeah. I make a motion for all. So motion all that. So we'll review that on the video despite the Robert's rules issues. So, I I'll make the motion that council draft language that says that the there shall be expressed provision for a charter review board and that that charter review board be assembled as needed by the as determined necessary by the commission. But in any event, no less frequently than within what 12 months after the census, however you need to define census. Nice. Yeah, there's a statutory definition because when do you receive the information about the census? I guess that's part of it because I know the census takes place every 10 years, but the data doesn't come till the year after, right? It's effective the whatever the two is of that decade. So 2032 is when the new like congressional and state house and state senate districts go into play. So 2022, 2032, 2042. So the so the this next advisory board would have to meet in 2031 and able to make changes to the board to 20 2032 is fine. So well you you'd have to redistrict it based on the population that you gain by 2032 in in order for the 2032 elections. Correct. So that's that's my my the timing question is so because the the advisory board have to meet create a new ward for example to then give time for the mission to redistrict as an example. That's why in the even years, but even so in a census year, that's why you have the legislature meets in January and February um in order to of an election year in order to address anything that needs to happen for qualifying all
that kind of stuff. So should we should we say that every minimum of 10 years uh not 12 months afterwards when it's going to be whatever whatever the sausage making makes it work is the the timing question. immediately after the data you I would say is as soon as the data is posted. Okay. Yeah. Well, let's do it a little bit differently because it to probably doesn't even require a motion. This let's just call this a staff request to clear language according to that and then when we have the language in front of us we can adopt it next. We'll do um great recollection. Um any other things about art 20 boards and commissions? Then let's go to we want to keep on the list. City Clark collector. Okay. Discussions of job titles. start with this one. We've talked about this before. Um, since I'm the one that circulated language, sometimes it helps me when I actually put pen to paper on things. And so my my feeling is and I know we have differing feelings on this is is that I like the idea of a controller that serves as an independent financial integrity function. If they're an officer of the city and they just like legal counsel checks all the legal boxes, this position checks all the financial boxes. And that's what I attempted to draft with this language where it basically says
they they deal with all of the integral processes of financial expenditures. So the eyes are dotted, te's are crossed, they maintain the books, they also provide a a forward-looking um financial perspective for the commission. The the budget function still rests with the city manager or city manager makes that recommendation to the commission. The commission then the fruits of it that hasn't changed at all based on my language. Um, but that the the clerk controller would be involved with that as well. And that they would also kind of be the oversight on some of the different budgets that are happening throughout the different departments and just feel independent to raise those concerns with the commission that hey, parks and rex is 50% over budget this year and they'll fear any sort of like blowback from anybody else because they're an independent financial advisory group. And so that's that's that was the intention here. Um, I know Ron, not to go straight at you, thank I I do totally understand the idea that a a a traditional CFO function rules under a CEO function. I think that's the reason why that works very well in private enterprise because there's a huge degree of fiscal accountability. Not that there's no fiscal accountability with the city, but there's a there's a profit motive with a private enterprise. And in a city, the tendency is not. There's there's a there's a tendency to spend and I think our city's been fiscally responsible. There's just a a general nature government is to spend and to to dole out and I think having an independent financial oversight that doesn't answer to the city manager is just better policy and so um I would agree with you. Um my my comment was um I think your first line is it's uh at the pleasure
of the city commission but I would like them to be able to sign have a contract also to be clarified. What do you mean? Well like the city lawyer they sign a contract city manifest signs a contract. Oh, yeah. I guess I if you answered directly to the elected body you're going to be hired by a contract. What would the alternative be? Well, I wasn't sure by your language. It said at the pleasure of which sounds like you the king. You're out of here, you know. Well, they can still do that. You could check. Yeah. I mean, I I was just being literal. Oh, I see. At the, you know, at the pleasure of is very royal. Oh, I didn't mean Oh, that that more so just means it's a commission. But if they but if but just like I mean I don't know I guess Jonathan you you do you have an agreement but you could be terminated at any point right? I could. Yeah. But you have a contract. I do. Okay. But you can but other managers can contract around even though you served as the pleasure of the commission. If you have a year-to-year contract that is a legally valid thing to do. Okay. That's what the Yeah. I just didn't know if it needed needed to be mentioned. And how what is how is it dealt with with the lawyers? Right now the clerk and the city manager and the city attorney all have contracts directly with the city commission and they all say that uh we can be terminated. So I don't know if that uses the word of pleasure but it can be terminated without cause. Now there are different severance provisions like if there's termination without cause with the clerk or the manager then there's um there's severance pay. Uh this the it's different with the city attorney. It's more of a workout. You know you get notice and then we hang
around until somebody else is appointed things like that. So that's the way it's done now. I I don't we can look at the language but I this doesn't exclude having a contract just because it says at the pleasure. It's more of a buzz word Mr. Bird said that it is the city commission making the decision. So I may have got out ahead by actually drafting the language because at some point we have to come up with just an overall framework for what we want to do here. So Brandon, like where where are you at after thinking about this for months? You was pretty strongly on the other side of the fence. Yeah, I'm still still very strongly on the other side of the fence. Um, using my professional career like I managed $200 million worth of companies and the autonomy being from COO to CEO to CFO. It's a partnership, right, across all three. but somebody's got to take the lead and then that person answers solely to the board of directors. And I understand what you're saying from a private perspective, right? Um private, personal, private equity, all of it that comes together. Like everybody does business a little bit differently, but we're in business to be in business and we make sure we stay in business. We don't want to bank. Um the as we grow accountability I mean Jonathan's ultimately accountable to financial plan reduction. He has to draft the financial plan. He has to make sure his department's reform to that. I could see the auditor or the controller, not the clerk. The clerk can roll up the city manager for sure of a reporting perspective. But the board having autonomy to have another set of eyes outside of the city manager. I agree with that. I totally agree with that. It's just we have it's still too blurred. It's going to take us to the next level
on who's accountable for the city finances. So the accountability for the city finances should fall where the city manager. So are you suggesting that we have two charter officers manager and attorney? No, I think you we should divide the two. The city clerk, recordke keeper clerk could easily fall under the city manager. That's just I think we're all in agreement on that. That and that is not in here. What I suggested is that just by just by the name of the job there we can we can recordeping the meeting whatever reason for the city manager. Yeah. Job titles. Okay. So So I think we're all in agreement with that. So then we're just back to the finance part of Miss Smith's current job. Yes. Are you all in agreement on that now? Remove the clerk. Yeah. Have it something else. Great. Now we're back to the the controller part. The controller part. Yeah. Yeah. Um you mind if I ask a question? The chair is sir. Is there is is there from either just a a a subjective or objective standpoint any any concerns from staff that having that recordkeeping function under the city management? Not for me largely statutory anyway. I mean there there certain requirements that are that need to be met for the civ for the city clerk portion of the job. So I don't have any concern separating the two at all. Well, my understanding is the statute mandates that that stuff occur. It doesn't mandate who does it or what entitles his job, right? Nobody suggested we stop doing official records. That's what I mean. The the clerk's duties are largely statutory. So,
you can separate those out easily from Yeah. Okay. And they still are required to be done. It doesn't have to be under the comproller, city clerk, comproller, whatever. I don't have any concerns with that. No real financial to the clerk's duties. And so if you remember a lot of the cities, a large number of cities around the state have the clerk the clerk duties under the city manager but not the either comproller or CFO whatever you want to call it. Okay. So for SAS Neon, yes, and tell me if I'm wrong here, guys. The consensus is that the recordkeeping note takingaking function that would traditionally be associated with a clerk roll up under the city manager. Yeah, no issue. So I'm just from a drafting exercise, can y'all have that prepared for the next meeting? Yes, that's I was asking Caroline to we've tentatively identified the sections that do that. Yeah. And uh the answer is yes. But let me ask a question. If everything that the clerk function is that's already in the charter is something that's already governed by Florida statutes. Do you need do you want to see it again in the charter or do you want to take the approach that we've taken you've taken on some other functions which is it really doesn't need to be in the charter. In other words, keeping minutes that's in the spores statutes. Uh, you know, but we can look if there is something that we need to mention. How about this? That when we look at it, if there's something that needs to be mentioned because we feel like the statute doesn't cover it, we'll mention it and explain why. So, I I would say the the fact the meeting minutes happened,
that's going to happen as a matter of law, right? where I think the value of putting it in the charter is where that function rolls up to because at a certain point we have to define the roles of whatever the officers are going to be. So by having a mention in there that there shall be a manager and that the manager what that's one of the manager's obligations just it defines the role rather than defines the obligation. Does that make sense? Yep. So that that might be an addition under the city manager. Yeah. Yeah. I think that's the idea. Okay. Okay. We Yes. It certainly can. All right. Caroline's on it. I think it's alligator for what it's worth too is this I mean it's it'll be a change and I think demonstrating that change at least in this version of the charter the first time would be good and then that that next charter review committee could do whatever you guys are doing just simplify they may scan the whole thing. I don't know. Yeah, I think add it all back in. Let's see. Mr. Mr. Chairman, the only thing I think that you guys might want to consider is do you want to provide any specificity that the clerk reports directly to the city manager or leave flexibility where the city manager may put that particular position. That's something I would consider. It is a pretty important position. So, just something to consider. I think it could be under an assistant city manager. It could. So, that's just something y'all should consider. That's all. Yeah. city manager commer or his design or their designate can take care of it. Yeah, I'm with Ron. I think you you title it whatever you want as long as that function is getting accomplished just like all the other city services call it. So then now what are we doing with this financial function? While you're here, if I may have to ch while you're here, may not see you at the next meeting, but how do you feel about um maintaining the financial portion of the city present city clerk job as an independent? I think
it's a good idea, just a separate set of eyes like you said. I think, but would that change if you reported solely to the city manager other than commission? Yes. You think it would? Yes. because I I know would no longer that person would no longer have the authority to go to the commission with their data information reports. They go to the city manager, not to the onto the commission. I mean, people's self-interest usually impacts what they do. If they're afraid, if they have a difference of opinion, you know, a legitimate difference of opinion and the boss says they want it this way and they're under that boss, the chances of them bringing that out various, what does the partnership, are we talking about clerk or CFO here? CFO. What does the partnership come true right now? Look like when you create the budget, I'm sure Jan has a lot of there's a big partnership between two of y'all on building this. And from a finance side, just for her particular department, she does. Okay. Yeah. And like audit fees and transfers, debt service payments, you know, the overall big picture stuff. But as far as the day-to-day operational, I just give them my departments. That's the only thing that's the only input I have. Mr. vice chair, once the budget is adopted and we go to execute it, if we submit things that, you know, that aren't in the budget or modifications in the budget, then, you know, there has to be a budget amendment and all that kind of stuff. And, you know, she's involved in that. Does consult Jan's office a lot during budget just for revenues and hey, how should we code these things for like the mechanics? Um, it's really helpful.
What does the education to the board look like right now financial? Because I've seen a lot of board meetings where they have a ton of questions and the questions don't get answered. Um, we'll come back to you, but then I don't know what coming back looks like from a citizen perspective. Um, they can't answer the questions in the moment either to you or to Jan from a financial perspective. So, what does reporting up to, if finances are going to be reported directly to the city commission, what does that process look like currently? It's a memo that the clerk treasurer puts on uh the financial statement. Yeah. The first meeting of every month has one, meaning they get an email and it's up to them. It's actually on the agenda. Yeah. It's under consent, but it's the last item under consent. So, they just vote to acknowledge it and if they have any questions, they can pull it off if they want and discuss it individually, but it's a formal memo that's pretty got some specific numbers and percentages on there. Anything that gets asked at a meeting that we can't answer becomes a public records request and it gets responded to through the public records process. Say that again. Any any questions from the audience that we can't answer from the dis. Okay, that was key. That was a key thing I missed. Okay, I wasn't referencing from the audience. I was referencing from the dis. I've seen the dis ask tons of finance questions that didn't get answered. Yeah. So, I mean, I'll speak frankly in the past that was mostly political. Jan's memos answer the question very specific now. I don't think you get as many questions from this commission because it's all there in her memo every every month. Yeah. We remove that opportunity for them to connect with the CFO or finance officer. You mean the public? The dis the
commission then they would have to go through you actually no Mr. Chairman Mr. Vice Chair, because it is an agenda item on the first meeting of every month, a member of the audience could come up to the podium during audience participation and ask a specific question about the clerk treasures memo for that month at that particular meeting because it is considered an agenda item. So, let me ask the board a question here. I think everybody agrees there's going to be a financial function whether it's a bookkeeping function a a finance function which I think of more of like a forward-looking function that's that that needs to happen right so then I guess the question is going to be is is that a third and we have there's going to be some details in like where the line is between third officer and and and city manager is there is there an officer on that position or does that entire function roll up to the manager I'm officer yeah I think it should be a third Yeah. To what the CFO function, CFO controller, whatever. Separate officer, separate independent officer. Were you operating? I say it rolled up to the city manager. And I think you're getting split on that. This is why you get paid the big bucks all over. Yeah. to go. You take the rest with yourself. Um, I got an office full,000 I'm sure. So, Brennon, what's here's my difficulty and it's it's just a opinion really at this point is the city manager is in charge. He's the head administrative person of the city. Period. In the charge. But yet, if they got wrinkled up or whoever is going to um come after Miss Smith,
if they get wrinkled up, the new controller can go around the city manager to the commission and get something done. And I I have difficulty with that if he's the head of the city administrative duties. So, uh, three members of the commission could go to the CFO controller and do something the city manager might not even know about. So, I have a difficulty with that. I'm actually very much aligned with you in that. That's not what you can't know about it because it has to be done in public. If there's more than one, you'd be surprised in that board meeting. No, when the agenda comes out, Ron will talk here. The way I drafted this, and we're not going to vote on this today by any stretch, although maybe we have like the framework done. I envision the comproller being a pure ball and strike caller, an umpire. They don't get to play the game. They get to review the budget that's approved by the commission, measure it against what's happening. They get to review the invoices that are put on their desk. They get to cut the checks. And they could, I guess, if for some reason they're being obstinate, the manager could go to the commission and be like, "Hey, the clerk's not or the the comp is not doing their job. like I'm submitting the stuff that I need to submit. They don't have any subjectivity to make expenses that the manager hasn't seen. Again, they're they're almost entirely a reactive position other than providing some forward-looking insight for the commission if they're looking at a bond deal or whatever and and the the affordability of that type of thing. But otherwise, I don't see I I don't want a world where the the comproller is making any decisions that that that move things forward. That that does that make sense? Yes, it does. So then it should fall under the city manager. No, it's a it's an independent eyes and ears where the city manager and some department are blowing the budget out. I want somebody to be able to go to commission and not fear retribution
from the city manager. They're like, listen, just almost like the city attorney, they go, I'm I'm looking at your document. This is not a fair agreement. The manager may say, "But it's critically important and the team wants it and and on and on and on and the lawyer's like, "I'm telling you, I don't answer to you. I answer to the commission and I'm telling you this is not sound legal principles." Would be the same thing. This is not sound fiscal principles or that's not hold on, that's not true because there's a degree of subjectivity with the law, but it would be more so that they're not following the process with submitting invoices or or the ability to go to the commission and say, "Listen, I've reviewed this budget and we're wildly off on some category. Anyways, that's where I'm at. But I don't I don't want I don't want a world where commission and controller CFO are making decisions that go around the manager. Absolutely not. To me, the way it's set up now, that could happen. Not that it will happen, it could happen. But the way that Brandon wrote it, he specifically said, "You're just calling balls and strikes." you know, you're just letting them know there there's a difference in the analysis and it's up to the commission to decide to to me and that that's no different than any other department head to me. Right. Yeah. My experience has been when people are under their employment is under someone they're much less likely to speak up. I mean that was the way it was when I was active duty. That's why they pulled the area defense council, the defense, which I had that job. Um, I would defend people with their article 15s and court marshals and things like that. And they learned that when at the beginning I was under the commander's authority, I was only going to push so far when that commander wanted to make example of that whole airman because that guy
was right in my OE. So they said on every base the area defense council was separate and I had a chain of command that left the base and went straight to to the headquarters and the Pentagon and I was all of our training was that that was the reason and it really does work like that. I see I think I love the checks and balances of the finance side, right? Having an independent auditor, maybe not just a finance auditor, but a process auditor too to say, "Hey, here's these opportunities in these different departments that maybe the city manager is not seeing the we have a city manager structure. We don't have a city manager CFO structure, right? We don't have a commission structure. It's a city manager structure." Somewhere along the lines, it's gotten blurred over the years and it's here in the charter, right? That's what we're trying to close the gap on is are we going to continue to have a city manager structure and finance rolls up underneath of the city manager in every structure. I mean, all of the departments have finance component. They write checks, they have purchasing, every department has that. But do we have I think what we're looking for is the checks and balances. Is it working? How do we improve it? not just from a finance perspective but like operations as a whole Mr. chairman and I can I ask a question of Miss Smith through you, but uh I know that when we have that we do have independent auditors and and they brief me and Jan after their audit, but I believe they brief all five elected officials. They work for the commission. They don't work for me and Jan. So, and I think Jen said at one point that they get paid an awful lot of money. Yeah, it's very expensive. It's very superficial. They're really not doing the daily deep dive,
which her job is. Yeah. I mean, you know, it's crazy how much they're paid. Wow. How necessary is a deep dive all the time. Well, that's why we want the physician to be independent. They think it's critical take that it would take that role. We wouldn't have to pay the auditor for the deep dive. I mean, I very much may have blinders on because obviously I I come with my context and I come with my attorney context and I I can't imagine I mean, if you follow your logic further, then there should be one officer and everybody should roll to the city manager, including the city attorney, which that seems insane to me. Yeah. And so, like to me, legal integrity and financial integrity and operational integrity are three separate branches. I completely agree. But I mean, honestly, we may have to we have a couple more things to go over today or we can we can continue to work on this one until we get somewhere or we may just have a split vote. Um, we made progress on the clerk. We did we we did re narrowed it down to what we're really concerned um put you on the spot because I know I sent this to you guys or I think you guys got it yesterday around new has been a lot of time. Um would you guys digest this so we can come back in the next meeting and see if it works or not? as as a suggestion, you might want us to um look at this and not worry about whether it's going to end up under city manager or a separate CFO, but just look at your language and the different duties and what needs to be in the charter regardless of which side. Is that something you'd like us to look at for the next I would and I
would like to ask Jen to look at it. Well, sure. from your perspective and see if what additional tools or tweaks you think are needed because we have someone with all these years of experience. Who knows? Yeah. So, I'm glad you're here. And that's something that I I know that I'm sure Caroline's looked at if I hadn't really looked at the description of the clerk job and and bonds and finance and what needs to be in the charter that's not already governed by state law. But we'll we'll look at that. and then where you decide to put it. You can All right, let's do this. Let's Can we table this one? I think we've all said what we're going to say today and then we'll come back another time. See if we can get taken care of. This will also give us an opportunity. Um we have not had an opportunity to discuss taxation bonds at all. We had 15 minutes for each one. I'm sorry to keep it to 10. I've got a couple other things I've thought about that I just want to present um float ideas at the very very end here. And so have you guys looked at the taxation stuff? Um so the the the high level question is going to be article 15. Yeah. Sorry. Yes. This may be something we need st either staff to help us with now or at the next meeting. Um home rule power is there's certain taxes that the the city can levy. I know they don't directly levy adalorum taxes. Correct. Correct. That goes through the county but even the the adalorm tax rates those are also established via the those are established by the city. Okay. And so the way we
and then so and then you have but there's limits statuto limit statuto limits right okay um on homesteaded property on all property stamp on the millage rate increase on all I thought I thought that was just on homesteaded my understanding is you've kind of got three tranches of taxation you've got the property tax adorum tax as one tranch you've got like a special assessment tax like the fire district as a good recent example of that and then you have the excise taxes Are there any other taxing levers that this a city has? Tax the merchant license fee. Yeah, that would fall under the excise taxes. It Yeah, it would kind of Okay. It's I was just reading the charter. It It talks about excise taxes, but then it also talks about gross receipts taxes, which is what you mentioned, right? Gross receipts. I mean, one one thing that I saw in here was it this could be interpreted to actually limit the types of excise taxes that the city can do. If you wanted to read it that way, what what would be helpful, I think, for this convention is to we could do a memo that talks about the merchant license fee or the merchants tax. It's 1% on gross receipts and it is a significant amount of income to the city. I believe it's what 13 million a year. I think it's 14 this year. 14. Yeah. So it's kind of equal to the abil taxes. So it's so it's really significant and it's a grandfather tax. There's only Panama City Beach, Panama City in the state of Florida that have that tax. and it's a occupational license tax. It was grandfathered because in the early 1970s the tax was in existence when they prohibited
all taxes except for those that were already there. So we've been very protective as Panama City Beach has also Panama City Beach doesn't even have an abil tax. Uh Panama City has always had both to even things out. So it might be useful for you that we've obviously have done a lot of work in this area to get a little bit of the history of it. Uh there's there's we're very jealous and protective about changing things because it's a grandfathered tax. Um so you just want to be cautious. So so I I'd be cautious too obviously on on the charter as well. But uh but you don't you we need to give you some more background on that particular tax. So the question for the board members to think about before the next meeting and maybe staff can help with this too is like the home rule power will allow the city to adopt all these taxes with the exception of a sales tax that the city's grandfathered into through the merchant fee. Okay. Would there be any other limitations on either the types of tax or the amount of the tax or anything that would say be an express prohibition or anything that would require something to go back to the citizenship to get approved? Is that something that even wants to be included in the charter or just leave it open? they can do any taxation as allowed by law at the excuse me for interrupting but yeah the state law as Miss Goon has pointed out the state legislature has become very active in in regulating what cities and counties do when it comes to abort taxes so it's every year it's a new ratcheting down I think from for from for from the from the aggression of the state getting involved in every little thing. And if they even have provisions if the commissioners do anything different,
you can be sued. You know, I mean, they're like nasty. I think we need to be really, really careful tinkering with anything that we're grandfathered in. Because if they could pull it back away from us, I'm sure they would. But as far as further limiting, I'm with the chairman. We don't need any further limits in our charter. We need to have all the flexibility that we can have under general law. Since you have a special session coming about property tax, you need all the li all the open doors you can find. The school seems to have a better lobby, Rob. Yeah, we we uh No, I'm not going to say that because they're not doing but you know, we'll see. I mean, I I would agree with you from the sitting in your chair. I just I would wonder if the citizens would agree with that too. If the citizens would like to say, "Hey, listen. We don't want to handcuff the city to do what we want, you know, what they need to do." But on the other hand, I mean, there's been some other things that have been adopted from a taxation standpoint that have not been super popular. And I know the recourse is elected representatives, right? Um I'm just I'm just saying there might be something worth, but but again, is section 148 necessary? Well, I think that's what the warning is. Maybe it's part of the grandfather. I think one paragraph there again like we did on those other ones, one paragraph to say you have the power to tax because everything else in this section is there again handled by ordinance or statute. I mean if we want to let leave it in to make someone feel better about reading this later, that's fine. until it right but only with regards to the the jealously protected grandfather portion I think but I don't think that's even in here the merchant fee yeah it is it's it's called it's the grocery
s okay I just think we need to be careful and not take the foundation out from under our protection I don't know that it's offering protection, but I I I see I understand. Well, we're going to give legal. Yeah. Is there is there anything that we want staff's help with for consideration of the taxation section? Well, I think that what he offered to make sure yes that we don't pull out a tooth that we need. Any All right. um bond section. I looked at that one as well. That's even sparer than the uh taxation section. Um, you know what? The only thing that that would be the next There's nothing there. Nothing. No, yeah, it's it's eventually gone. Okay. So, just just stuff to just chew on. I'm getting a little slightly dangerous. on municipal law at this point, but my understanding is you've got general obligation bonds that are very highly regulated by the state. You've got revenue bonds that are also regulated by the state that are secured by the revenue that the project is going to generate. So, we don't really need to pull with that. Then you've got other just general short-term borrowing that the city can do and there may be some consideration to any sort of limitations on that. Other than that, I don't know what else you put in here. I don't think we should or shouldn't. I'm I keep going back to like what levers can we even pull here. We can't pull a general obligation one, I don't think, because it's just not worth it. We're not going to pull a special revenue lever to restrict that because it's all secured by the revenue it generates. It just be, hey, are we just going to go mortgage something for the fun of it?
Is there any sort of limitation on that? Just real quick background on general obligation bonds. You can only issue those if they're approved by the elected. Um so so that's it's highly regulated. Uh city has none as far as general obligation bonds. The revenue bonds every other bond is you cannot pledge abil taxes. That's what a general obligation bond is. You're pledging abil taxes and you're agreeing to have a tax millage that's high enough to pay the bond holders. Every other bond is uh used you pledge nonappore revenues such as water and sewer revenues or um merchant tax fee revenues or things in your budget that are nonappalor and there you go through a process and the financial advisor says you have sufficient funds to to make that pledge and the bond holders you know are comfortable. So those are but every other issue this this might be academic but is the are all those triggers in the pledging of collateral and not the actual borrowing of the funds. I know there's probably not many instances where they are going to lend the funds without the collateral. But I'm going back to my association experience. Very few of my associations have any limitations on borrowing. A lot of them have limitations on pledging collateral. And I don't know if if it's similar with municipal law. We our our limitation is is really driven by the market. Yeah. You pledge nonavalorm revenues. So is it a thing for municipalities to get unsecured loans? No. Well, yeah. No, we don't have a I mean,
we always happen. We always pledge somehow. Yeah. The banks regulate really what we're up I mean, do we want to pay with Do we need a section in the charter that even talks about lending? Do we need it? A broken record. Um, unless you want to put some kind of limit on debt service. If you want to think about doing some debt limits would be the only thing that I could think of. None of those none of those are. Yeah, I'm all about fiscal accountability and it was one of the things I actually talked with uh Josh Street about and um but municipalities are just not the same animal when it comes to borrowing and defaults and bankruptcies and things like that. It's just not it's not akin to like private enterprise. And so I'm not opposed I'm not inherently opposed to something. I just also don't know hurricane there was discussion held three four years ago recent discussions about the percentage of x amount of money that should be in the bank after a national disaster right and it was like we're six years post emergency and we're just now talking about lowering we should have some debt we're going to have some debt but what's a healthy percentage of debt so whether or not we put in I don't think it's be a charter item I think it was operationally a weakness in our structure at the time we should have had okay we're going to save 15% in into this account when there's a national disaster we understand we're going to go we're going to lower that to 5%. We're going to exhaust some of that but like that was an operations thing. I don't think it should be in the charter. I would say remove bonds all in general but operationally it is communication's the weakness. We don't need it's exactly right. So the the just for for some
context we had we had a reserve policy that was assigned reserves for uh and for disasters. So it was like for our enterprise fund is three months of operating capital. Um and then for our general fund it was uh I think it was 30% of of our um of our budget and then 10% for unassigned reserves. So like for those one-time purchases, capital items or projects. Um, and then a commission at at a point prior to Hurricane Michael lowered that 10% to 5%. Uh, unassigned reserves. Um, but those are always reserve target balances. So, it's a policy, but there's targets. Um, and right now we don't we don't meet those targets and haven't since hurricane Mike. That helps. If we were to have anything in here, I would have something about you were to have an X amount of not an X amount, but to know your reserve percentage, but I don't think they need that's a process. I mean, that's in your report every month percentage on hand of what only because we're below target. If I if we weren't below target, I wouldn't include that section of the report. It's just a budget to actual report except for we are below our target policy limits. Thanks. All right, I'll give some more thought to the finance and the bond sorry the taxation and the bond section. We can vote on that next meeting. Um I float just purely just want to float these ideas because as I was sitting here um do we have do we need some kind of conflict of interest policy at all? Like is there an obligation commissioner to disclose if they've got some statute. Um I know we don't have a recall procedure. Is that something even worth? State statute. Statute has one. Oh,
you're preempted by that. Um not to pick on something that recently. Is there a a code of conduct type thing? I mean, I just didn't know if there's any sort of just kick that around. There's something that you I don't know how you enforce it. I don't know how you vote on it. whatever else. But at a certain point, is there some sort of expectation of conduct of commissioners um and recourse there attendance requirement? Probably not that big a deal. That's one. Yeah, Jerry was asked about ethics ethics commission would be one, but I I don't think you're talking about something as formal as that. Maybe you're talking about something that the city commission might take its own action on a censure. talking about it. Yeah, something like that where if if if somebody's conduct on the commission is so extraordinary to potentially expose the city to liability, there could be something there to to do. Um, and I actually had a conversation with Mean about like one of my board members who actually like was harassing the manager. I was just like, I don't can't get him off the board. Like I it's not not a tool that I have. And so, you know, it was just it was a very awkward position. So, I was just kind of floating that for you guys. Like I said, I don't know what we can do about it. If there's anything to do about it in the charter, just share that. Yeah, for sure. I may be wrong, but I don't think you can put in the charter to remove a commissioner. No, it would be you have to have a recall to do by the municipal recall. That that's that's it. Yeah, that is that's correct. No, but still then the governor would remove him at that point. Um, that's why I was asking if what you're talking about was a like a censure process where hey, we've, you know, we and I I I think that's inherent in their authority anyway. So, the only path to remove a commissioner is recall or governor governor and what's the path to the
governor? Um, malesence, misfeasance, crime. I know, but who reports that or who who delivers those results or whatever? How does it even get on the governor's desk? Ethics Commission. Yeah. Ethics Commission or front page of the paper kind of a notice, right? Yes. You get charged. I'm sorry. If you get charged with a crime and the governor reads it in the paper, then the governor can remove you. I mean, that's one way it gets on his death. The ethics commission, that's like a stateapp appointed thing or that's a state. You can file a complaint with the ethics commission and then it goes through a process which is fairly long. Is there a process now to suspend commissioners? Maybe not remove them ethics violation or complaint. The governor can do that and the governor can at any time pick up something and suspend or remove and the ethics at the end of an ethics complaint. There's nothing automatic, but presumably then it could they could refer it to the governor's office for the commission have autonomy if it's a majority vote to suspend a current commissioner pending the results of an ethics complaint if I I don't know. I mean, you can I I don't know. I mean we can look at that but I I don't tend to think we and then someone else would have to take the spot too. Bigger problem might create a vacancy on the board. What happens? The comm now the commission leftover members of the commission appoint a new commissioner within a certain amount of time. Yeah. Or then there's a special election. In fact, I think Miss Ward sent that to us last time. I will circle that to the board. I can't remember
if she just mentioned it to me. Um or she actually emailed it. She watched some of the conversation. There has been a mayor removed in Bay County before and they weren't they didn't go to they used the the vice mayor until because she was so far through her term. So they didn't go to special election meet. come Mexico Beach probably. Yeah, that's that's the most Happens every three years. Yeah, it does. Mr. Chairman, did we skip on purpose item number 13 about compensation of mayors and commissioner or you intended to speak that? Uh, no and yes. We did not skip it intentionally and we'll pick it up next time. Okay. Okay. So, let's J or I mean I have notes what I think is for next time. Do you have notes for next time? Let's make sure we're on the same page here. Have um research the model charter and small sample of charters that have items that are not in the city charter. The attorneys to review Okay. Change to article 17 to ensure no authority has been forgone. Um we're going to add the charter review advisory board. Um language that they'll meet whenever however the sausage gets made. Um attorney draft language to roll up city clerk duties to uh not city clerk just the clerk duties to the city manager. um the attorney and clerk to review chairman suggested language and what should and shouldn't
be in the charter as far as the CFO um comproller language and the attorney is going to provide background on these to ensure no revenues are jeopardized by removing the tax language that everything yeah so we can get the version. Sorry. Okay. Yeah. Yeah, I think you're right. Um the new versions we'll have we'll discuss bonds and tax and hopefully vote on those next time. Then we can remove the pling board language. We're going to leave the advisory board language. Y'all are going to provide suggested language on the charter charter the charter board and the charter trying to say charter twice. Um let's make sure we get back. Let's put the the mayor compensation mayor and commissioner compensation at the top of the agenda last time. Sure. Thanks. And then when's our next meeting? What day? Yeah. When's the next? April 23rd. It's an entire month from now. We haven't have the the schedule thing that we had for a while. I did not. I miss the other Miss Smith does. She's got a whole package. Tell me your question about what would be what would be the next provisions if we can get to them. Okay. That I don't have in front of me. I have everything from the back. We were out. If anyone wants an updated red line, here's these are you can have. Okay. Yeah, I've got plenty of copies,
but it's got today's date in March that shows you that's the most. Mr. Chairman, is your thought should we try to squeeze in an extra to meet our benchmark? I I mean, yeah, I don't know. Possibly. I was just trying to see what was coming up next. Yeah, I can tell you which articles you have not covered yet. That is the question. Yeah. Um so there article 4 inquiring general that's one sponsored exhibition today public utilities commissions and we had talked a little bit about whether it would be good to have plan another public meeting join in with city commission and I think as we're getting closer to the end we can project time. Yeah, I think when we have a um pretty much rough draft that would be the when we're kind of through start the education because they're going to have to vote on it. Well, once the commission adopts or throws it all away, whatever they choose to do. So you think we should have our our educational outreach so to speak before the commission so that the citizens can debate or that might influence the commissioners to vote one way or the other. I don't know yet. I'm thinking the next meeting if we can get through I think bonds and tax will go very quick. Utilities should just be an approval. Charter board should just be an approval, planning for advisory board, all that stuff. If we can get through clerk and commission compensation, those are going to be the bigger ones. If we can get through those,
I think we'll be in really good shape. We have article 14 scheduled that kind of rolled into some stuff. Yeah. Um it had been scheduled for meeting number eight gone had we gone by. things like this is a lot of what we're talking about with the are we on meeting seven now finance in general all of them have been superseded is that more hopefully on on finance we'll also look at that in contemplation of is it already covered by state law we can give you that feedback it seemed like that's what we're arguing about is the city manager going to make an estimate who does it who audits It's also make sure we have on the agenda for next time. Um, thank you guys on the board. I appreciate the professionalism and uh staff for being you guys. We'll see you guys what you say April 20th. Uh, April 23rd. It be determined that we're we are truly either ahead or on schedule. Well, I think we're on schedule. We're back on schedule again. April 9th could work for the city if you felt it was necessary. Just stick with our schedule that we Yeah, we'll see where we are. So, is there a motion to adjourn? So, I move on favor motion. Second. dance. Thank you. Mr.
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