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Charter Issues Advisory Committee
Final Report
(Scheduled for County Council review at
9:15 a.m., Thursday, June 13)

Background
Introduction
The Question of Leadership
Core Principles
Recommendations
Form of Government
Position of Chair of the County Council
Duties of the Chair of the County Council
Title of the Chair of the Volusia County Council Chair
Salary and Time of the Volusia County Council and Chair
Reimbursement of In-County Expenses
Staff Support for the Volusia County Council
Terms of Volusia County Council Members
Number, Type (At-large vs. Single member district) and Terms of Volusia County Council Seats
Position of Vice-Chair
Works Cited
Summary of Recommendations

Background
On February 28, 2002, the Volusia County Council held a special meeting to discuss issues related to the County's Home Rule Charter. It was the consensus of the Council that certain elements of the charter needed to be studied to determine whether changes to the charter should be placed before the voters for consideration. To accomplish this task, the County Council appointed a nine- (9) member Charter Issues Advisory Committee consisting of the following persons:

Jack Ascherl Doug Daniels Maryam Ghyabi Senta Goudy** James Huger

Jon Kaney* Charles Matousek C. Allen Watts Linda White

* Elected chair by the Committee
** Elected vice-chair by the Committee

The Council requested the Committee study the following specific issues:

• Provisions regarding the succession of the Chair position

• How the County Council Chair is elected (by the County Council as a body versus at-large by the citizenry)

• Authority and responsibilities of the County Council Chair

• Term limits for County Council members

• Staggering of the terms for County Council members

• Length of County Council terms

• Salary of County Council members

• Reimbursement of in-County expenses for County Council members

• Personal staff support for County Council members

• Transition provisions for changes that may be proposed

The Council directed the Committee not to explore or discuss changes to current charter provisions for elected Department Directors (Department of Public Safety, Department of Property Appraisal, and Department of Elections) and non-partisan elections. The Council asked the Committee to provide an interim report during May 2002 and to complete its assigned task by the end of June 2002.

To accomplish this task, the Committee met weekly for a total of eleven- (11) meetings. In its deliberations, the Committee initially proceeded informally by discussing and tentatively voting on issues. The Committee then submitted and Interim Report to the County Council in May that outlined its tentative recommendations. Following submittal of the Interim Report, the Committee met three- (3) times, heard from guest speakers, and finalized its recommendations.

This Final Report summarizes the work of the Committee and its recommendations on all of the issues outlined above.

Introduction
Volusia County is an increasingly complex community. With a population that has reached 445,000, we are to a large degree a microcosm of Florida's complexity as a whole. Many statewide trends can be seen locally ---over-reliance on the tourism based economy, aging population, political fragmentation (16 municipalities), growing ethnic diversity, pressure on natural resources, urban sprawl, and increased demand for government services.

Yet, with these challenges, we believe that Volusia County is an exceptional place to live and that it has a future ripe with opportunity. We are reminded of the components that emerged at the 1993 Volusia Vision Retreat at the Ocean Center that "combined to create powerful vision" of Volusia as a park that included:

• First class business and industrial parks in campus settings

• Carefully managed outdoor recreation facilities and preserves

• Landscaped thoroughfares and streetscaped towns

• Aspects of culture and history preserved, celebrated and blended into all components

• World class leisure destinations for golf, tennis, racing, water sports, boating, fresh and salt-water fishing, skydiving, and eco-tourism.

While much progress has been made towards this vision and many good people (elected and non-elected) have worked hard to improve our community, there are a number of perceptions or criticisms that the Committee has heard within the community. They can be summarized as follows:

1) We have not been as successful as we can be;

2) Many of our problems and our opportunities are regional in nature and we should be exerting more influence within the Central Florida region;

3) We have not had the strong leadership and continuity of leadership necessary to overcome our challenges and achieve the type of success other communities have.

The presentation of these perceptions is not an indictment of any single person, nor is it presented as fact or as the beliefs of Committee members. They are presented here merely as written descriptions of the political backdrop to the Committee's deliberations.

These perceptions have spawned a call for stronger leadership in the community. As a result, the Committee believes that its purpose, while including analysis of each of the charter issues outlined above, is to address the question of leadership.

That question is --- Are there changes that should be made to Volusia County's Home Rule Charter to encourage effective leadership in the future?

The Question of Leadership
In discussing the question of leadership, the Committee made several observations about the Home Rule Charter. The first is that the charter, as the constitution for Volusia County government, cannot create or ensure that its elected officials will be "leaders," will exercise leadership, or will be followed.

The second observation, however, is that there are elements of our charter that tend to frustrate or inhibit an effective policy leader. This matter is discussed later as it relates to the lack of the Chair's ability to serve more than one- (1) consecutive term.

Lastly, it was observed that many of the challenges facing Volusia County are large, complex and regional policy matters. The Committee focused on how the charter should encourage County Council members to focus on the most important policy matters. Much discussion occurred about how leaders should not be distracted or involve themselves in "administrivia."

David Osborne and Ted Gaebler in their landmark book Reinventing Government describe the concept of a "Catalytic Government" as one where leaders focus on "steering rather than rowing." They explore the notion that "entrepreneurial governments have begun to shift to systems that separate policy decisions (steering) from service delivery (rowing). A decade later the concept can be clearly applied to the leadership expected of any County Council. The leadership focus and energy within the Council-Manager framework set forth by the charter should be on creative ways to address pressing policy issues, rather than on the day-to-day "administrivia."

Core Principles
When it began its deliberations, the Committee readily agreed on two core principles.

• There should be no change in the present Council-Manager form of government and the duties of the County Manager as provided by the charter should remain unchanged.

• The Council itself should be strengthened so that it can be more effective in the area of policy leadership.

The Committee easily agreed that a key to strengthening the Council's role lies in strengthening the Council Chair. The Committee agreed that the people of Volusia County at-large should directly elect the Chair to a four- (4) year term with one right of succession. In proposing the direct election of a Chair, the Committee has in mind the "weak mayor" form of government that is typical of the city governments in Volusia County and is the most common form of government found using the Council-Manager system. The Committee focused on the remarkable difference between the role of the present rotating Chair of the Council and the role of the mayor in just about every city government in the county, and noticed many present and past examples of excellent mayoral leadership in the weak mayor governments of our area. The Committee wants to make it possible that County government would produce such leaders. In the process, the Committee recommends building into the Chair's "job description" a set of roles that affirmatively create the expectation of leadership. The Committee hopes that the elected Chair position it envisions would serve as a "bully pulpit" for such leaders.

The consensus of the Committee on these key recommendations is strong. Although Mr. Ascherl and Mr. Huger dissent from the decision to recommend direct election of the Chair by the people and would prefer that the Chair be chosen by the Council, the other members of the Committee are firmly committed to the wisdom of direct election. All members have agreed on all other attributes of the Chair's position, including the four- (4) year term, the right of one term of succession, and the specific duties and responsibilities recommended below.

Recommendations

Form of Government

1. The Council-Manager form of government should be retained and there should be no changes to the charter definition of the responsibilities of the County Manager.

2. At the outset, the Committee agreed that its consideration would be confined to the role of the Council. The Committee rejected any form of strong mayor or elected executive government. The Committee is concerned with strengthening the Council and not with changing the Council-Manager form of government.

Position of Chair of the County Council

1. The Chair should be elected at-large by popular vote
2. The term of office for the Chair should be four (4) years
3. The Chair should be limited to two (2), four (4) year terms

The Committee concluded that selection by the voters, rather than County Council peers, was important, and the annual rotation of the Chair position among members was detrimental to efforts at policy leadership. Committee members noted that Council Chairs rarely were able to accomplish the initiation, advocacy and adoption of a policy initiative during their short time as Chair.

The Committee believes that by electing the County Council Chair at-large that there is greater opportunity for leadership. The at-large position coupled with the specific duties assigned to this position provides: 1) continuity, and 2) a "bully-pulpit" for leadership. With this opportunity will also come greater accountability to the voters and the expectation of leadership.

The Committee further concluded that the current two- (2) year terms for both the Chair and the County Council were too short. While elections certainly keep elected officials closer to the people, the Committee concludes that two- (2) years are an inadequate amount of time to learn about the issues and participate in policy change. Surveys from Florida's seventeen- (17) charter counties indicate that the vast majority of County elected officials statewide serve four- (4) year terms. By extending the term of the Chair to four- (4) years, continuity in leadership is achieved. The desired result is a Chair with a longer time to build political consensus on major issues, the willingness to set aside political ego or ambition and take risks in order to achieve policy outcomes, and the creation of an identifiable political leader for Volusia County in the region.

While term limits were not universally embraced among Committee members, it is the consensus of the Committee that the electors have plainly indicated their preference for term limits. In combination with the four- (4) year term for the Chair, the recommended limitation of two- (2) terms is consistent with the current charter requirements for at-large County Council members. The Committee concluded that this would be a logical manner in which to structure the Chair position and that it would be the proposal most likely to be supported by the voters.

Duties of the Chair of the County Council
The duties of the Chair should be as follows:

1. Presides at meeting
2. The Chair would serve as the official representative and ceremonial dignitary for the government of Volusia County, with the prerogative to issue proclamations. The Chair would be required to advise the Volusia County Council of the issuance of said proclamations.
3. Has all rights, privileges and duties of the other members.
4. The County Manager proposes the agenda, the Chair supplements the agenda, and the County Council controls the agenda when in session.
5. The Chair shall annually make a report to the County Council and citizens that outlines the major accomplishments of the County Council for the previous year, clarifies the status of unfinished business, and sets forth goals, objectives and a plan of action for the upcoming year.
6. The Chair would sign ordinances, resolutions and other legislative documents for the Volusia County Council, which will also be attested to by the County Manager.
7. The Chair may make external appointments without the advice and consent of the County Council. All other appointments will be made by the Chair and confirmed with the advice and consent of the County Council. This power can be delegated to other Council members.
8. The Chair can veto ordinances and resolutions. A veto could be overturned by a super-majority (2/3 vote of the full County Council) vote of the Council.

In developing these duties, the Committee reviewed the duties of the at-large elected Chair in Fairfax County, Virginia, as provided for in Virginia State law, the duties as recommended in the National Civic League's Model County Charter for a "weak mayor" Council, and heard from three guest speakers. These speakers were Bill Frederick, Former Mayor of Orlando, Howard Tipton, former City Manager of Daytona Beach and Chief Administrative Officer of the City of Orlando, and Dr. Lance DeHaven Smith from Florida State University. The Committee also reviewed the charters of several Florida charter counties. In furtherance of the Committee's intention to strengthen the ability of the Chair to exercise policy leadership and enhance the expectation that the Chair must exercise this leadership, the Committee added roles that have not traditionally been exercised by the Chair under our current charter. There are four- (4) specific areas in which the power of the Chair is strengthened above and beyond current practice. They are:

• The ability of the Chair to supplement the agenda.

The current administrative code (but not the charter) vests exclusive control of the agenda in the County Manager. As a matter of practice, the County Manager traditionally has consulted with the Chair concerning the agenda. The Committee concluded that the Chair's role in setting the agenda should be provided in the charter. The Committee agreed that the Chair should share the agenda-setting role with the County Manager to assure that matters are not screened from the agenda for political reasons. However, the leadership role of the Chair requires that this officer have the nonexclusive power to present matters to the Council for consideration.

• The requirement for the Chair to make an annual report to the Council and citizenry.

This report provides a focused opportunity, much like the President's "State of the Union" to utilize the "bully-pulpit" to steer policy. It provides a policy goal setting opportunity for the Chair and a clear chance to lead, and it places the affirmative duty on the Chair to exercise leadership and present goals and objectives on which the Committee expects the Chair to develop consensus within the Council and the citizenry

• The Chair's ability to make external appointments without advice and consent of the Council and propose all other appointments with advice and consent of the County Council.

The Committee intends that the Chair have the initial responsibility of populating the many appointive boards and committees that comprise the County government. Appointments to positions internal to the County government must be proposed by the Chair and are subject to approval (advice and consent) by the Council. The Committee intends and understands that the Chair may seek suggestions from Council members and others for any such appointment, but the intent of this provision is to place the responsibility on the Chair for the ultimate decision to nominate a person to an internal position. In approving this recommendation, the Committee understands that it will tend to change the "turn-taking" that is presently practiced under which the several members of the Council generally share in appointing members of these bodies. Again the focus of the Committee is on leadership and accountability by the Chair.

As to appointments to external or intergovernmental bodies, the Committee believes that these appointments should be the sole responsibility of the Chair and that the Chair might choose to assume any or all of such external roles individually. That is, the Chair could designate himself or herself as the County's representative to an external or regional board. This authority is consistent with the Committee's desire to vest in the popularly elected Chair the role of ceremonial head of government and representative of the government within the county, region, state, and nation.

The Committee did not seek to prescribe the rules or procedures of how the appointment process would work feeling that it should be outlined by ordinance or resolution of the Council, rather than by charter.

• The Chair’s ability to veto ordinances and resolutions

The Committee heard from several guest speakers that a way to increase the influence and authority of the Chair on policy matters was to give him or her the power to veto certain Council actions. The Committee explored the effect of this proposal on the Council-Manager form of government and determined that by limiting the veto to policy issues (ordinances and resolutions) there would be no impact on the managerial side of the Council-Manager plan. The Committee viewed the veto as further strengthening the policy-making role of the Chair by providing an additional tool for leadership.

The Committee recommends that the Council have the ability to override the Chair’s veto by a super-majority vote (2/3 vote of the full-Council). The Committee did not feel it was necessary to define "ordinances and resolutions" in the charter or specifically prescribe the procedure for the Chair to veto an item or the County Council to override a veto. Rather, it felt that the County Council could adopt rules of procedure that addressed these matters. It should be noted that the Committee felt that the appointments of the County Manager and County Attorney are an area in which use of the veto should be prohibited.

Title of the Chair of the Volusia County Council Chair

• The position of Chair shall be referred to as the "County Chair."

It was the consensus of the Committee that the Chair position be referred to as the "County Chair." It was deemed that this terminology would be the one most likely to be used by the citizenry, rather than "Chair of the County Council."

Salary and Time of the Volusia County Council and Chair

• The Charter will not require the Chair to be full-time, nor preclude outside employment. It should be silent on the issue of part-time vs. full-time.

• The County Council Chair will receive for salary 60% of the state statutory guidelines for County Commissioners (approximately $42,000).

While the Committee recognizes the increasing public demands on County Council members and the anticipated public demands on the at-large elected Chair, it recommends that the charter should not require the Chair to devote full time to the position of Chair. The Committee agreed unanimously that a requirement of full-time devotion to the position would exclude a desirable category of potential candidates for office. Additionally, the Committee does not want to preclude County Council members from holding other employment.

The Committee is unanimous in believing that the Chair should receive a higher compensation than the other County Council members and that the manner of determining compensation must be disconnected from School Board salaries. As an alternative model, the Committee chose the state guidelines for County Commissioners of counties of comparable size.

The Committee recommends that the Chair’s salary should be 60% of the state statutory guidelines for County Commissioners. Under the current levels set by statute, this would increase the compensation of the Chair from the current level of about $33,000 to approximately $42,000. While there was some sentiment among Committee members for the Chair to have a higher salary than recommended, it was agreed that a higher amount could result in other valuable reforms being defeated at the polls as a result of voter dislike of salary increases for politicians.

• The salary of the County Council members should be 47% of the state guidelines for County Commissioners.

The Committee agreed that the County Council members’ salaries, other than the Chair, should remain unchanged. The Committee recognized the need to change the current charter mechanism that ties the County Council’s salaries to those of the School Board members. Recent legislation passed by the Florida Legislature will result in the School Board setting its own salaries. The Committee did not believe it was appropriate for the School Board to also be setting the salaries of the County Council by default. The most logical step was to tie the County Council member salaries to the formula provided by State law for County Commissioners in non-charter counties. The percentage of these state guidelines recommended results in no substantial change in the Council members’ salaries. The Committee believed that any significant increase in salary could be the "third rail" that results in the defeat of other important reforms.

Reimbursement of In-County Expenses

• That the salary be used to cover expenses and that no additional stipend be provided or reimbursement be given for in-County expenses.

The Committee concluded that the salary provides ample coverage for the expenses that are often incurred during the course of service to the public. As discussed previously, the Committee felt that all appropriate communications equipment (fax, cellular phone, phone, computer) should continue to be provided to the County Council by the government during their term of office in order to support communication with staff and the public

Staff Support for the Volusia County Council

• The Chair and members of the Council should have adequate administrative support for performance of their duties. It was the consensus not to have any politically appointed positions or positions directly hired by Council members that provide administrative support to the County Council. These positions would remain under the County Manager and the merit system.

The Committee was unanimous in rejecting the idea that the Chair and members should have the ability to directly hire and fire staff. Merit system employees subject to the ultimate authority of the County Manager should provide such staff support. In past years, there have been notions that the prohibition of reimbursement of in-county expenses extends so far as to bar the provision of such staff. The Committee understands that the charter clause is not now so interpreted and that members currently receive administrative support from merit employees accountable to the County Manager. The amount of this support is within the authority of the Council to provide by ordinance and fund by the budgetary process. In saying the staff will be provided by the County Manager, the Committee does not intend that the County Manager has discretion to deny the Council support as required and provided by the Council by ordinance and budget. In rejecting the idea that the charter would empower individual members to hire and fire their own staff, the Committee is concerned with maintaining the professionalism of the County staff. Precedents in other governments in Florida have shown that individually hired/fired staff can become political and nonprofessional.

The Committee noted that the County Council is currently served by two- (2) clerical staff members devoted solely to serving their administrative needs (calendars, appointments, letters, etc.). It was further noted that the administrative apparatus of the County Manager's Office also works to support the day-to-day activities of the County Council. Further, it is understood that the County Council receives cellular phones, fax machines, computers, and phone lines in their homes in order to support their County Council duties. In the early days of Volusia County's charter, this type of support was deemed as inappropriate under the new charter. In fact, it likely would have been interpreted as a violation. However, this practice has been in place for some time and has not significantly eroded the Council-Manager relationship. The Committee has concluded that the current level of support of the County Council should continue and that the charter should not preclude these types of activities.

Terms of Volusia County Council Members

• That County Council seats will be limited to two- (2), four- (4) year terms.

This recommendation mirrors that of the recommendation related to the term of the County Council Chair. The Committee determined that the current two- (2) year terms were restrictive and limited the effectiveness of an individual Council member. The two- (2) year term provides limited opportunity for a County Council member to gain expertise or become knowledgeable about issues before they are running for office again. The longer four- (4) year term will provide for more informed Council members and greater continuity on the Council. The Committee feels, as a result, it will see more enlightened public policy discourse.

Number, Type (At-large vs. Single member district) and Terms of Volusia County Council Seats

• There will be seven (7) members of the Volusia County Council. The Chair will be elected at-large. There will be three- (3) districts. Two- (2) members will be elected from each of the three- (3) districts.
• Terms of the Volusia County Council members should be staggered so that the Chair and one- (1) member from each of the three- (3) districts would run at the same time and that the three- (3) other district seats would run at another time.

Having decided that there should be a County Chair elected at-large by the electors of the county, the Committee then discussed at length the constitution and apportionment of the remaining seats on the Council. This proved to be a difficult issue on which to reach consensus.

As part of the Interim Report, the Committee majority supported the creation of one- (1) additional at-large position and the reduction of one- (1) single member district. This make-up was supported over going to six- (6) single member districts largely because of the issue of parochialism. The Committee majority concluded that an at-large voter elected Chair would have great difficulty leading in the presence of the parochial interests of representatives from smaller single member districts. It was posited that there would be little motivation for the single member district representative to share policy interests or follow the leadership of the Chair. The division of the county into six- (6) single member districts would result in further division of the electorate into smaller constituencies that could be dominated by regional or other divisive interests. In contrast, the 3-4 model provided an opportunity for every voter to vote for a majority of County Council members. Additionally, it ensured that parochial interests are mitigated by the presence of three- (3) at-large members.

The question of whether or not the other at-large members would pose a political challenge to the Chair was raised. In recognition of this issue and to provide an alternative model, the Committee explored and is recommending what it calls the 3 x 2 plan, where there are three- (3) districts with two- (2) members from each. This recommendation effectively blends the other models. By having larger and fewer districts, the parochialism of the 6-1 model is mitigated. Additionally, by having no other at-large representatives, the Chair’s leadership position is clearly established.

Position of Vice-Chair

• The Committee voted unanimously to recommend that the Vice-Chair be selected annually from and by the membership of the Volusia County Council.

Transition provisions

The Committee recommended that the changes outlined above, if adopted by the voters of Volusia County, be implemented in 2004 as follows:

• All seven- (7) seats would be filled in 2004.
• One- (1) seat in each district would run for an initial two- (2) year term, while the other would run for a four- (4) year term.
• Individuals who are elected to the district seats that are initially limited to two- (2) years would be eligible for two- (2) additional four- (4) year terms for a total of ten- (10) years.
• The current at-large County Council seat that is up in 2002 will exist until December 31, 2006 unless vacated. This member could potentially serve, for two- (2) years, as the 8^th member of the County Council.
• These are new positions and current County Council members would be eligible to run for them regardless of the number of years of prior service.

Works cited

1. "Volusia Vision, Partners for a Quality Future, Executive Summary of the Volusia Vision Retreat, April 15-17, 1993, Ocean Center, Daytona Beach, Florida." IBM, 1993.
2. Reinventing Government, How the Entrepreneurial Spirit is Transforming the Public Sector from the School House to the Statehouse, City Hall to the Pentagon. David Osbourne and Ted Gaebler, Addison-Wesley, 1992.

Appendix I
Summary of Recommendations

1. The Council-Manager form of government should be retained and there should be no changes to the charter definition of the responsibilities of the County Manager.

2. The Chair should be elected at-large by popular vote

3. The term of office for the Chair should be four (4) years

4. The Chair should be limited to two (2), four (4) year terms

5. The duties of the Chair should be as follows:

1. Presides at meeting
2. The Chair would serve as the official representative and ceremonial dignitary for the government of Volusia County, with the prerogative to issue proclamations. The Chair would be required to advise the Volusia County Council of the issuance of said proclamations.
3. Has all rights, privileges and duties of the other members
4. The County Manager proposes the agenda, the Chair supplements the agenda, and the County Council controls the agenda when in session.
5. The Chair shall annually make a report to the County Council and citizens that outlines the major accomplishments of the County Council for the previous year, clarifies the status of unfinished business, and sets forth goals, objectives and a plan of action for the upcoming year.
6. The Chair would sign ordinances, resolutions and other legislative documents for the Volusia County Council, which will also be attested to by the County Manager.
7. The Chair may make external appointments without the advice and consent of the County Council. All other appointments will be made by the Chair and confirmed with the advice and consent of the County Council. This power can be delegated to other Council members.
8. The Chair can veto ordinances and resolutions. A veto could be overturned by a super-majority (2/3 vote of the full County Council) vote of the Council.

6. The position of Chair shall be referred to as the "County Chair."

7. The Charter will not require the Chair to be full-time, nor     preclude outside employment. It should be silent on the            issue of part-time vs. full-time.

8. The County Council Chair will receive for salary 60% of        the state statutory guidelines for County Commissioners          (approximately $42,000).

9. The salary of the County Council members should be           46.79376% of the state guidelines for County                   Commissioners.

10. That the salary be used to cover expenses and that no       additional stipend be provided or reimbursement be given          for in-County expenses.

11. The Chair and members of the Council should have            adequate administrative support for performance of their             duties. It was the consensus not to have any politically             appointed positions or positions directly hired by Council          members that provide administrative support to the            County Council. These positions would remain under the          County Manager and the merit system.

12. That County Council seats will be limited to two- (2), four-   (4) year terms.

13. There will be seven (7) members of the Volusia County Council. The Chair will be elected at-large. There will be three- (3) districts. Two- (2) members will be elected from each of the three- (3) districts.

14. Terms of the Volusia County Council members should be staggered so that the Chair and one- (1) member from each of the three- (3) districts would run at the same time and that the three- (3) other district seats would run at another time.

15. The Committee voted unanimously to recommend that the Vice-Chair be selected annually from and by the membership of the Volusia County Council.

The Committee recommended that the changes outlined above, if adopted by the voters of Volusia County, be implemented in 2004 as follows:

• All seven- (7) seats would be filled in 2004.
• One- (1) seat in each district would run for an initial two- (2) year term, while the other would run for a four- (4) year term.
• Individuals who are elected to the district seats that are initially limited to two- (2) years would be eligible for two- (2) additional four- (4) year terms for a total of ten- (10) years.
• The current at-large County Council seat that is up in 2002 will exist until December 31, 2006 unless vacated. This member could potentially serve, for two- (2) years, as the 8^th member of the County Council.
• These are new positions and current County Council members would be eligible to run for them regardless of the number of years of prior service.

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