Loading...
2002.01.23_CRB_Minutes_Regular• TOWN OF HIGHLAND BEACH CHARTER REVIEW BOARD MEETING MINUTES • ~~ U January 23 2002 10:00 a.m. Chairman Arlin G. Voress opened the meeting at 10:00 am in Town Commission Chambers. In attendance were Chairman Voress, Vice-Chair James F. Niehoff, Leonard D. Bell, Neil W. Burd, Joseph S. Yucht and Miriam S. Zwick. Doris M. Trinley was absent. Also present was Town Manager Ben Saag. APPROVAL OF MINUTES Upon MOTION by MR. YUCHT/MR. NIEHOFF the Minutes of the November 16, 2001 meeting was unanimously approved. NEW BUSINESS ARTICLES III & IV were discussed at today's meeting, with recommended changes attached hereto and made a part of these minutes. The next meeting will be scheduled for the end of February. With no further business to come before the Board, MOTION to adjourn was made by VICE CHAIR NIEHOFF/MR. BELL at 11:05 a.m. ADJOURN: Arlin G. Voress, Ch. James F. Niehoff, V.Ch Leonard D. Bell Neil W. Burd Doris M. Trinley Joseph S. Yucht ~~ ~"~ ~~.f /~ Miriam S. Zwick Attest: ,~ absent Date: ~ a20 -- ~~- LJ Article III Sec. 3.01 Add section 2-47(b) from Ordinance No. 673, attached to Charter. Sec. 3.02 In title, change "Town Treasurer" to "Finance Director" 3.02 Para 1 Change "Commission" to "Town Manager". Remove last sentence "The Town Clerk may act also as treasurer upon giving the bond ~~ required of the treasurer . Para 2 Change "on to by" at ...monies shall be disbursed only by check,... Para 3 Change "treasurer" to "Finance Director"... :~ Sec. 3.03 Delete references to all departments. Add instead, thereof: "Clerk, Finance, Building, Police, Library, Fire and Public Works." Delete "with the exception of the mayor", and "for consultation." Change to...be available to the town manager "in an advisory role when requested by the town manager." Sec. 3.04 no change Sec. 3.05 Delete reference to monies and put instead ..shall receive "such salaries as determined by ordinance from time to time". Sec. 3.06 no change Sec. 3.07 no change Sec. 3.08 no change • ARTICLE III. MUNICIPAL ORGANIZATION AND OFFICERS • Sec. 3.01. Town manager. The affairs of the Town of Highland Beach shall be administered by a town manager, who shall be the chief administrative officer appointed by and responsible to the town commission. The Town Commission shall appoint the town manager by an affirmative vote of at least three (3) members of the Town Commissson. The town manager shall serve at the pleasure of the Town Commission and may be terminated by the affirmative vote of not les than three (3) members of the Town Commission. Sec. 3.02. finance director; bond; depositories; disbursements; bond accounts; accounts; audit. The town manager shall designate some person as treasurer who shall receive all the public monies of the town, and who shall give bond equal to the largest amount thereof that may come into his or her hands at any time, such bond to be approved by the commission and to be annually renewed and approved. T"~ ~~•••~ "'"'°'` All public monies shall be deposited in the name of the Town of Highland Beach, in full compliance with F.S. ° 166.261, and all public monies shall be disbursed only-et~-by • check, to be signed by the town manager or in his/her absence by the finance director, and countersigned by one town commissioner. In the absence or inability of both the town manager and finance director the signatures of two (2) members of the town commission is authorized. All monies derived from the sale of municipal bonds shall be received by the ~~ae~er- finance director and kept by him or her on deposit in a special fund in the name of the town in full compliance with F.S. ° 166.261 and shall be disbursed only upon resolution and order of the commission, upon checks or drafts to be signed in the manner described in the above paragraph. Accurate books of account of all monies received and disbursed in all departments of the municipality shall be kept. The commission shall provide for an independent annual audit of all town accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the town government or any of its officers. The commission may without requiring competitive bids designate such accountants or firm annually. Sec. 3.03. Departments of town. The town manager shall have charge of and shalt direct the administration of the town's departments. Such departments shall include, but shall not necessarily be limited to the following or some combinations or variations thereof: h, • ~ .Clerk, Finance, Building, Police, Library, Fire and Public Works. Each of the commissioners, ' .. ~~. shall have a special area of interest as designated or assigned by the • mayor and be available to the town manager . in an advisory role when requested by the town manager. Sec. 3.04. Commissioners may hold town office; personnel. Each of the commissioners, when directed by the town commission, is authorized to perform any special duties or functions necessary for the government of the town, but he or she shall receive no additional compensation for such services. The commissioners may appoint suitable persons to assist them in performing these duties and the compensation of such persons shall be determined by the town commission. The town manager may appoint suitable persons to assist him or her in performing the duties of the various town departments and in the general administration of the town. The compensation for such persons appointed by the town manager shall be determined by the town manager within the approved budget. Sec. 3.05. Salaries of commissioners and .mayor restricted. The members of the town commission who are appointed and/or elected under the provisions of this act shall receive . shall receive . ;such salaries as determined by ordinance from time to time. Sec. 3.06. Performance bonds. • The commission may require that any fidelity bond shall be made by a responsible surety company duly authorized to do business in the State of Florida, and may pay the premium thereof from the monies of the town. Sec. 3.07. Fiscal year. The Town of Highland Beach shall establish a fiscal year beginning October 1st of each year and ending September 30th of the following year. Sec. 3.08. Creation and abolishment of offices; appointment of officers; salaries; bonds. The commission shall have the power and is hereby authorized to create such offices as may in its judgment be necessary for the good government of the town. The commission shall have the power at any time to abolish any office created by it. The commission shall have power to prescribe the functions, powers, and duties of all departments of the town, except as otherwise provided in this charter. Employees of the town may be required to give such bond as the commission may prescribe by ordinance or resolution and may be required to take oath to faithfully discharge their several duties. n U ~~E :~ ARTICLE IV Sec. 4.01 Delete "for cause including misconduct in office, or neglect of duty". Replace with "in accordance with the Towns Personnel Rules and Regulations". Delete suspend. Replace with authority to ..."place on administrative leave" the Town Manager.. delete "for the above reasons". Add after reason thereof "and promptly call a special meeting." Delete "to the next regular or special meeting" After approval or disapproval, add "Until action by the Town Commission is taken, the Town Clerk shall act as interim manager." • 4.02 no change 4.03 (.) after salary. Delete by resolution replace with "Upon vacancy position of Police Chief, the Town Manager shall present to the Town Commission a listof qualified individuals forthat position. The Town Commission shall appoint a Police Chief. Salary for the Police Chief shall be in keeping with the Town's pay classification and grade table as amended from time to time." Delete "suspend or dismiss". Change to "discipline". Delete "for cause and after a hearing". Change to "in accordance with the Town's Personnel Rules and Regulations". 4.04 Delete "misdemeanor and/or" (Ask Tom Sliney if there is a reason why this section needs to be in Charter.) • • ARTICLE IV. MAYOR AND POLICE POWERS Sec. 4.01. Suspension and discharge of personnel. The town manager shall have general supervision over all town affairs, shall see that all of the ordinances are faithfully executed, and shall have the power to suspend or discharge any administrative officer or employee of the town with the exception of the police chief . in accordance with the Towns Personnel Rules and Regulations. The mayor shall have the authority to-~a~spe~-place on administrative leave the town manager;-- 1~~ ~~~•~- -feese+~s; and shall report his or her action in writing with the reason therefor and promptly call a special meeting of the commission for its approval or disapproval. Until action by the Town Commission is taken, the Town Clerk shall act as interim manager. Sec. 4.02. Reserved. Sec. 4.03. Chief of police and policemen; appointment; power of arrest; duties. The commission shall have the right and authority to appoint or employ a town chief of police; and to prescribe his salary,#y~-Fesel~ie~. Upon vacancy in the position of police chief, the town manager shall present to the town commission a list of qualified individuals for that position. The town commission shall appoint a police chief. Salary for the police chief shall be in keeping with the Town's pay • classification and grade table as amended from time to time. The town commission may discipline the chief of police for cause and after a hearing.in accordance with the Town's Personnel Rules and Regulations. The chief of police and/or policemen shall have the power and authority to immediately arrest with or without warrant, and take into custody any person who shall commit, threaten or attempt to commit, in his or her presence, or within his or her view, or whom he or she has reasonable grounds to believe has committed an offense prohibited by ordinance of the town, or prohibited generally by law, and shall without unnecessary delay, upon making such arrest deliver the offender to Palm Beach County jail whereby the offender will be processed through the Palm Beach County Court System to be dealt with according to law. The chief of police and his subordinates' duties, in addition to these herein prescribed, shall be such as may be prescribed by the ordinances of the town. Sec. 4.04. Power of arrest in "hot pursuit." The chief of police and/or any policeman of the town of Highland Beach may arrest without warrant, any person violating any ordinance of the Town and/or committing any felony as provided for in Section 4.03. Such arrest may be made outside the town or county limits, if such officer is in hot pursuit. (Ask Tom Sliney if there is a reason why this section needs to be in Charter)