TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Calling for a Referendum Question to be Place Before the Qualified Electors of the City of North Port, Florida at the November 8, 2022 General Election; Providing a Referendum Question Determining Whether to Amend the City Charter to Direct the City Manager to Sign All Contracts and Allow the City Commission to Grant the City Manager Authority to Enter into Certain Contracts Without Prior Commission Approval, and to Establish Conditions for that Authority, such as Financial Limits; Providing for the Full Test of the Proposed Charter Amendment; Providing Findings; Providing for an Effective Date for the New Charter Language if the Proposed Charter Amendment is Approved; Providing for the Filing of the Ordinance with the Sarasota County Supervisor of Elections; Providing for Publication of the Test of the Proposed Charter Amendment; Providing for Filing with the Florida Department of State if the Proposed Charter Amendment is Approved; Providing for Conflicts; Providing for Severability; and Providing an Effective Date.
Recommended Action
First Reading:
Continue Ordinance No. 2022-13 to second reading on May 24, 2022.
Recommended Action on Second Reading
Adopt Ordinance No. 2022-13.
Background Information
On November 8, 2022, in conjunction with the City of North Port’s general election a referendum election is ordered and called to be held throughout the City of North Port, Florida. The referendum will be held for the purpose of submitting to the City’s electors a referendum question as to whether to amend North Port’s City Charter to direct the City Manager to sign all the contracts, agreements, and applications.
Ordinance No. 2022-13 has been reviewed by the City Attorney and is legally correct as to form.
Chronological Order of Events: Changing Provisions in City Charter Regarding City Commission Approval of Contracts, Agreements, Applications and Interlocal Agreements and Designating the City Manager as the Authority for Approval of Contracts, Agreements, Applications, and Interlocal Agreements.
Ø January 12, 2021: During City Commission Regular Meeting, the following actions were taken:
ü A motion was made to refer to the Charter Review Advisory Board a recommendation on removing the requirement that all contracts go the City Commission for review and Interlocal Agreements requiring Mayor signature.
ü A motion was made to amend the motion to include a detailed summary of how the Charter Review Advisory Board arrived at their recommendations with the pros and cons of those items.
Ø March 31, 2021: During the Charter Review Board Meeting, the following actions was taken:
ü A motion was made to recommend to City Commission that Section 9.01(l) be amended, and verbiage be added relative to providing the City Manager permission to sign any contracts, agreements, or applications that have been approved in the annual budget or that have no financial impact and are in the best interest of the City and that the City Manager shall notify Commission of contracts, agreement, or applications that he/she approved.
Pros of this recommendation included less administrative work for Commission and quicker processing time of documents. Cons of this recommendation included potential use for abuse.
ü A motion was made to recommend removing the language in Section 5.03(d) relative to the requirement for the Mayor to sign all interlocal agreements and to add language giving the City Manager the responsibility to sign all interlocal agreements.
Pros of this recommendation included consistency and procedures, streamline of the process, and it is defined role of the City Manager.
Ø May 19, 2021: During the Charter Review Board Meeting, the following actions were taken:
ü A motion was made to add the verbiage, "budget vote may not be reflective of the new Board if there is an election" and "lack of transparency to the public if the items are not on the consent agenda" to the cons of signing agreements.
Ø April 4, 2022: During the Commission Workshop, a consensus of 4 of 5 Commissioners requested that this issue come back as an agenda item during a Regular Commission Meeting.
Applicable Sections of the Code of the City of North Port, Florida Pertinent to Contracts, Agreements, Applications, and Interlocal Agreements:
1. Chapter 2 - Administration, Article VIII - Procurement, Sec. 2-403. - Exemptions.
(a) The provisions of this article shall not apply to:
(1) The procurement of goods and services which do not exceed $100,000.00 may be made by purchase order from budgeted and appropriated funds without further approval by the city commission.
2. Part 1 - Charter, Article IX.- City Manager, Sec. 9.05. - Powers and duties.
The City Manager, as Chief Administrative Officer of the City, shall be responsible to the City Commission for the proper administration and management of all affairs of the City including, but not limited to, those placed under the City Manager's authority under this Charter. The City Manager shall:
(l) Sign all contracts, agreements, and applications for the City after such has been approved by the City Commission at a regular or special City Commission meeting.”
3. Part 1 - Charter, Article V. - City Commission Authorities, Sec. 5.03. - Position of mayor.
(d) The Mayor may use the official title when necessity arises from the general laws of the State. The Mayor shall be recognized as the official head of the City by the courts for the purpose of serving civil process; in the exercising of military law; and for all ceremonial purposes; sign on behalf of the City all intergovernmental agreements, ordinances, resolutions, and any other official documents.
Staff Recommendations
Approval is requested for the following staff recommendations:
1. Inclusion of a referendum question on the Sarasota County General Election Ballot on November 8, 2022, which states:
The City Charter requires that the Mayor sign intergovernmental contracts and the City Manager sign other contracts, regardless of value or impact, after approval by the City Commission. Do you approve amending the Charter to: (i) direct the City Manager to sign all contracts; and (ii) allow the City Commission to authorize the City Manager to enter into certain contracts without prior Commission approval, and to establish conditions for that authority, such as financial limits?
2. Contingent upon voter approval, the Commission shall adopt an Ordinance amending the Code of the City of North Port, Florida, which includes a code provision that allows the City Manager to enter into contracts with no financial impact, up to a designated maximum financial impact.
Information for Second Reading
At its Regular Meeting on May 10, 2022, Commission continued Ordinance No. 2022-13 as presented to second reading on May 24, 2022.
Strategic Plan
Good Governance Pillar
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. Ordinance 2022-13
2. Code City of North Port FL Sec. 2.403 Exemptions
3. City of North Port FL Charter Sec. 9.05 Powers & Duties City Manager
4. City of North Port FL Charter Sec. 5.03 Position of Mayor
5. Memorandum - Charter Review Recommendation
6. Charter Review Advisory Board Minutes May 19, 2021
7. Charter Review Advisory Board Minutes March 31, 2021
8. Ordinance 2022-13 for Second Reading
Prepared by: Tiffany Fowler, Accountant III
Department Director: Kimberly Williams, Finance Director