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File #: 36-22    Version: Name:
Type: Ordinance Status: Passed
File created: 7/25/2022 In control: City Council
On agenda: 8/18/2022 Final action: 8/18/2022
Enactment date: 8/26/2022 Enactment #: 23-22
Title: PROPOSED ORDINANCE NO. 36-22 - CHARTER AMENDMENT QUESTION 1 RELATED TO THE PREAMBLE AND ARTICLE I - GENERAL POWERS OF THE CITY, ARTICLE III - ELECTED CITY POSITIONS, ARTICLE IV - MAYOR AND CITY COUNCIL, ARTICLE VI -- ELECTIONS , ARTICLE VIII - CHARTER REVIEW AND CHARTER AMENDMENTS AND ARTICLE X -- SCHEDULE
Sponsors: Ann Hill
Attachments: 1. AS AMENDED ON 1ST READING Proposed Ord. 36-22, 2. Proposed Ord. No. 36-22, 3. CRC Report, 4. PROOF OF PUBLICATION ORD 2ND READING

LEGISLATIVE ACTION ITEM

 

SPONSOR:                     City Council President Ann Hill

 

SUBJECT:

 

title                     

PROPOSED ORDINANCE NO. 36-22 - CHARTER AMENDMENT QUESTION 1 RELATED TO THE PREAMBLE AND ARTICLE I - GENERAL POWERS OF THE CITY, ARTICLE III - ELECTED CITY POSITIONS, ARTICLE IV - MAYOR AND CITY COUNCIL, ARTICLE VI -- ELECTIONS , ARTICLE VIII - CHARTER REVIEW AND CHARTER AMENDMENTS AND ARTICLE X -- SCHEDULE                     

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RECOMMENDATION:

 

recommendation

That City Council adopt Proposed Ordinance No. 36-22 on second reading:

 

AN ORDINANCE PROPOSING AN AMENDMENT TO THE CHARTER FOR THE CITY OF PENSACOLA, FLORIDA; AMENDING THE PREAMBLE; AMENDING ARTICLE I - GENERAL POWERS OF THE CITY; AMENDING ARTICLE I CREATING SECTION 1.04-COMPUTATION OF TIME; AMENDING SECTION 4.01 POWERS AND DUTIES- MAYOR; AMENDING SECTION 4.02 POWERS AND DUTIES - CITY COUNCIL; AMENDING SECTION 4.03 - CITY COUNCIL PROCEDURES; AMENDING SECTION 4.04 - PROHIBITIONS; AMENDING SECTION 8.01 - CHARTER REVIEW COMMISSION; AMENDING SECTION 8.02- CHARTER AMENDMENTS; REMOVAL OF TRANSITIONAL LANGUAGE LOCATED IN ARTICLES III, VI AND X; PROVIDING FOR A REFERENDUM THEREON; REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

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HEARING REQUIRED:    No Hearing Required      

 

SUMMARY:

 

Article VIII- Section 8.01(a-g) of the City Charter provide for the establishment of a Charter Review Commission, composition, procedures, rules and compensation, expenses, review and report and process, respectively, outlining that a review of the Charter begin in January of 2022.

 

In September of 2021, the City Council and the Mayor appointed nine (9) citizens, establishing the Charter Review Commission (CRC).

 

From January 2022 through June 2022, the CRC met, discussed, and made recommendations for amending the City Charter.

 

In June of 2022, the City Council held a workshop to discuss the CRC recommendations.

 

In accordance with Section 8.01(f), the CRC reviewed, on behalf of the citizens of Pensacola, in order to make recommendations on amendments, if any.

 

In accordance with 8.01(g) the CRC issued a report to City Council providing their recommendations for amendments.  The City Council serves as the final decision makers as to whether the proposed amendments are (a) returned to the CRC for further review, (b) revised and included on a ballot, (c) included on a ballot without change or (d) take other action.  The proposed amendments are then placed on the ballot of the 2022 general election to be held on November 8, 2022.  The citizens are then asked to either approve or reject the proposed Charter Amendments.

 

Ballot question no. 1 addresses the following:

 

Amending the Preamble

Amending Article I- General Powers of the City

Amending Article I - Creation Section 1.04 Computation of time

Amending Section 4.01 - Powers and Duties - Mayor

Amending Section 4.02 - Powers and Duties - City Council

Amending Section 4.03 - City Council Procedures

Amending Section 4.04 -- Prohibitions

Amending Section 8.01-- Charter Review Commission

Amending Section 8.02 - Charter Amendments

Removal of Transitional language located in Articles III, VI and X

 

During first reading of Proposed Ordinance No. 36-22 there was an amendment to reflect that the last sentence of Section 4.04 (b) Prohibitions be amended to read “It is the express intent of this Charter that orders for improvement of municipal governmental operations be made solely by the Mayor”, as proposed by the City Attorney.

 

PRIOR ACTION:                     

 

July 28, 2022 - City Council voted to approve Proposed Ordinance No. 36-22 as amended on first reading.

 

July 19, 2022 - City Council Special Meeting to determine proposed Charter Amendments to be placed on the November 8, 2022, General Election Ballot

 

July 11, 2022 - City Council Special Meeting to determine proposed Charter Amendments to be placed on the November 8, 2022, General Election Ballot

 

June 27, 2022 - City Council Workshop regarding CRC proposed Charter Amendments

 

January 5, 2022 - June 15, 2022 - CRC held meetings

 

September 9, 2021 - City Council/Mayor appointed members to the CRC

 

 

FUNDING:                     

 

N/A

 

 

FINANCIAL IMPACT:

                     

None

 

STAFF CONTACT:

 

Don Kraher, Council Executive

 

ATTACHMENTS:

 

1)                     Proposed Ord. No.36-22 - as amended

2)                     Proposed Ord. No. 36-22

3)                     CRC Report

 

PRESENTATION:     No