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Structure of Government Subcommittee

June 26, 2006

Below are the issues that have been discussed by the Structure of Government Subcommittee and the resolution of those issues: 

Form of Government

  • The Committee heard from several speakers on the issue of form or structure of our government. John Wesley White, representing ICMA, Dr. Tom Kelly, former County Manager, Howard Tipton, and former City Manager in both the Council/Manager form and the Strong Mayor forms of government, as well as Frank Bruno and Cindy Coto were those that made presentations to the committee.  After much debate, the committee agreed that they did not wish to change the structure of government, preferring instead to leave the Council Manager form of government intact.

Elected Department Heads

  • The Committee heard from three Elected Department Heads of Volusia County, Volusia County Property Appraiser, Morgan Gilreath, Volusia County Sheriff, Ben Johnson, and Volusia County Supervisor of Elections, Ann McFall to discuss the function of the departments within Volusia County Government. During this discussion, each of the elected department heads were concerned that the title given to the position did not provide the representative the authority they believe comes with the position.  
     
  • Therefore, the department officials sought to change the title of their status from “Elected Department Heads” to “Elected Officials”. After extensive discussion, the Subcommittee wished to leave the language in the charter reflecting the position of the department officials as being Elected Department Heads.

Districts

  • The Subcommittee discussed various alternatives in the district configuration of the county to allow greater representation on the County Council. One issue that was discussed at length is the elimination of the second At-Large County Council Seat. Topics tangentially connected to this issue were voter dilution and the function of the County Chair.  The Subcommittee was unanimously in favor of writing a potential Charter Amendment stating that they seek a restructuring of the County Council of one that constitutes five district representatives and one at-large County Chair.

Compensation of Council Members

  • The topics that were discussed under this issue were whether to grant the entire County Council a raise in salary or provide reimbursement for in-county expenses. Another alternative was to provide the County Chair with an exclusive expense account. However, the Subcommittee agreed this would place undue political pressure on the chair.
     
  • The Subcommittee discussed various percentage configurations that would be equitable in the consideration of the differences in stature between the individual Council Members and the County Chair. The Subcommittee acted by a four-one vote to offer a charter amendment in order to provide the Council Members an increase in salary to 60%, while providing the County Chair an increase to 80% of the state guidelines without reimbursement of in-county expenses.

Changing the Title of the County Council

  • In discussing the issue of changing the title of the County Council to a Board of County Commissioners, the Subcommittee decided that this is not needed since the connotation of County Council is gender neutral and there has been no intense interest in changing the title of the County Council. Furthermore, the Subcommittee agreed that changing the name of the County Council to the Board of County Commissioners would be moving away from the Council Manager form of government.

County Council Chair

  • In the deliberation of the topic of the County Chair, many items were discussed. The primary concern of the Subcommittee was providing the chair with certain tools that would enhance his authority within the County Council. One issue that was discussed with great interest was providing the Chair with a veto authority that would give the position greater decision-making ability in regards to policy matters as they come before the County Council. After extensive debate, the Subcommittee unanimously voted to allow the Chair’s vote to break a tie in all cases.

Providing Council Members Additional Staff Support

  • In this issues that were discussed in regards to this matter, Subcommittee members heard from County Chair, Frank Bruno, who articulated that the nature of service on the County Council has turned into a full-time position for both the Council Members and the County Chair. As a result, there is a need for additional staff support. The Subcommittee agreed that this issue does not rise to the level of a charter issue, but they may wish to offer a management recommendation.

Quasi-Judicial Matters

  • In discussing the issue of quasi-judicial matters, which are defined as being the difference between broad policymaking authorities such Comprehensive Plans and the application of that authority to individual sections of land. The subcommittee’s goal was to decide what weight the chair’s vote would have in determining the outcome in such matters. The Subcommittee agreed to give the chair’s vote the authority to break potential ties in all cases, including quasi-judicial matter.

New Vote Proportion System within a Six-member County Council

  • The focus of the Subcommittee in discussing this issue was whether to keep the vote proportion requirements of four votes that are needed in order to hire and fire the County Manager and to approve procedural motions, or to create a new system of requirements. The Subcommittee has not decided on this issue.

Non-Interference Clause

  • The Subcommittee’s discussion on the Non-Interference Clause in the Volusia County Charter touched on various issues in the administrative relationship between the Council Chair and the County Manager. The Subcommittee stated that the Council Manager form of government has worked well on behalf of the citizens of Volusia County. No action was taken on this matter.

Canvassing Boards

  • The Subcommittee took into account the advice given by the Volusia County Supervisor of Elections, Ann McFall. In their discussion of Local Municipal Canvassing Boards, the Subcommittee inquired whether the Volusia County Charter provided any authority to prohibit local officials from serving on Municipal Canvassing Boards. It was noted during the course of the meeting that in order to remedy this issue, Volusia County would have to request a special act of the state legislature in order to prevent local officials from participating on Municipal Canvassing Boards.
     
  • The Subcommittee agreed to offer a Management Recommendation to the entire Charter Review Commission asking for a special act from the Florida State Legislature, which then could be acted upon by the County Council.

Division of Powers

  • The Subcommittee agreed that the Division of Powers section of the charter was functioning well within county government and no action to change this provision is required at this time.

County Manager

  • The Subcommittee was unable to hear the opinions of the County Manager on the Council Manager form of government. Therefore, no action was taken on this issue.

Non-Partisan Elections

  • After discussing the issue of Non-Partisan Elections, it was agreed by the Subcommittee members that this issue was not a concern. Therefore, the Subcommittee will report to the entire Charter Review Commission that no action needs to be taken at this time.

Unification of the Ponce inlet Port Authority and the Beach Advisory Board

  • Dr. Fleuchaus offered language that calls for the unification of the Ponce Inlet Port Authority and the Beach Advisory Board for the purpose of beach maintenance and the coordination of off-beach parking.
     
  • After much discussion, the Subcommittee decided to send a management recommendation to the County Council, asking for the unification of both bodies.


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