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CHARTER ISSUES ADVISORY COMMITTEE
APRIL 4, 2002
MINUTES

Volusia County Library Support Center
1290 Indian Lake Road
Daytona Beach, Florida 32124
5:30 p.m.

Roll Call

The meeting was called to order by Committee Chair Jon Kaney at 5:37 p.m. Those present were Jack Ascherl, Doug Daniels, Senta Goudy, James Huger, Charles Matousek, Linda White, Matt Greeson and Dona DeMarsh from the County Manager’s Office, and Dan Eckert, County Attorney. Also present was Dr. T. Wayne Bailey, Advisor to the Committee, John Bozzo, Daytona Beach News-Journal, Bo Poertner, Orlando Sentinel, Jim Cameron, and Summer Clayton. Member Allen Watts was absent.

Approval of Minutes of the Meeting of March 28, 2002

Jimmy Huger moved approval of the minutes. The motion was seconded by Senta Goudy and was approved unanimously.

Discussion Regarding the Position of Chair of the Volusia County Council

Matt Greeson, Assistant to the County Manager, provided an overview of materials that were handed out. He stated that information was passed out from Fairfax County, Virginia, Horry County, South Carolina, Washington County, Oregon and that each of these counties had at-large elected Chairs. Jack Ascherl said it may be important to spell out the required duties of the Chair rather than leaving it up to them. Doug Daniels stated that the Committee might want to start with the list outlined in the letter from the International City/County Managers Association (ICMA). Charles Matousek suggested that the Committee should also look at the list in the Orange County charter and might want to specifically state what they do not want the Chair to do.

The Committee began reviewing the ICMA letter, page 3, which lists duties of the Chair as outlined in Virginia statute and used by Fairfax County. The letter states that the Chair has the following duties and authorities:

1. Presides at meeting
2. Represents the county at official functions and ceremonial events
3. Has all rights, privileges and duties of the other members (may vote but not veto measures)
4. Calls special meetings of the board
5. Sets the agenda for board meetings, subject to modification by vote of the board
6. Appoints County representatives to regional boards, authorities, and commissions
7. Creates and appoints committees of the board and names presiding members

Discussion ensued regarding these duties and responsibilities of the Chair. Specifically, discussion ensued on the preparation of the agenda. Mr. Greeson outlined the current practice and County procedure related to preparation and approval of the agenda. He stated that the County Manager prepares and approves the agenda and that the Chair is involved in the review through an agenda conference meeting with staff. Mr. Huger stated that the Chair cannot prepare the agenda as they are supposed to be part-time.

Chairman Kaney stated that this is evidence of an institutional weakening of the Council and strengthening of the manager as part of the Council-Manager plan. Senta Goudy stated that the charter could be worded where the County Manager would propose the agenda and it would be reviewed and approved by the Chair in an agenda conference.

Chairman Kaney suggested that the charter should read that the County Manager supports the Chair in preparation of the agenda. Discussion began on the powers of appointment that a Chair might have. Maryam Ghyabi stated that she liked the idea that every Council member has the opportunity to appoint members to different Committees. Ms. Goudy felt that a Chair would try to make other Council members happy when they made appointments. Jack Ascherl stated that he thought the Chair could appoint the Chair of a Committee and then individual Council members could select members of the Committee by district. Doug Daniels said the Chair would have to take the rest of the Council’s feelings into consideration. He stated that this would give them modest power and authority without giving them a lot of formal authority. Dan Eckert, County Attorney, recommended that the charter vest authority to appoint very clearly so as to conform to the spirit and the letter of the Sunshine law. Discussion ensued regarding appointment powers and differences between standing committees, ad-hoc committees and task forces, and regional groups.

Chairman Kaney stated that what the Committee is discussing is somewhat like the Florida Legislature and the Speaker of the House and that the ability to decide who talks about what and when is a powerful tool. He stated that this is different than the Beach Policy Advisory Board which is created by resolution. He stated that there could be a provision that says the Chair appoints unless otherwise provided by ordinance or resolution. He further stated that this would allow the Chair to appoint special committees. Mr. Ascherl stated that you could call them "working committees." Mr. Huger said to look at the Committee that they are members of and asked if the Chair would have the power to appoint a committee such as it. Chairman Kaney discussed the concept of committees of the board where a Council member would be assigned to work on a specific issue. Mr. Ascherl stated that when he was on the County Council they identified a number of issues they wanted to tackle and that he, as the Chair, appointed Council members to tackle individual issues. Mr. Daniels referred to the National Civic League Model County Charter and proposed that the Chair could appoint advisory boards but with the advice and consent of the Board.

Ms. Goudy stated that she liked the idea of getting advice and consent for standing committees. A differentiation between committees was discussed where internal committees were those where Council members were appointed to tackle issues, external were those such as VCOG, MPO and the Regional Planning Council where Council members are asked to be representatives of the County, and standing committees were those created by ordinance or resolution.

Discussion continued regarding appointment powers. Charles Matousek asked if the Council does not agree with the Chair if the proposed appointee would not be appointed. Chairman Kaney stated that the Council could block the Chair’s proposal and related it to the Senate blocking former President Reagan’s nomination of Robert Bork to the Supreme Court of the United States. Chairman Kaney stated that theoretically the Chair would come to a meeting with a slate of appointees and they would approve or disapprove of them. Mr. Matousek asked if the process needed to be spelled out in the charter. Chairman Kaney said that it could be in the Committee’s commentary, but did not necessarily have to be part of the charter. Ms. Goudy said she thinks the Chair should appoint representatives to regional groups. She further stated that she thought strong appointment powers would balance the Chair’s responsibilities with her desire to have six (6) full time Council members with full time salaries.

Discussion ensued regarding the appointment powers of the proposed Chair. Chairman Kaney outlined three potential options as follows:

Option A All appointments would be proposed by the Chair, but must be confirmed with the advice and consent of the Council

Option B External appointments would be made by the Chair without advice and consent.

All other appointments would be proposed by the Chair and confirmed with the advice and consent of the Council

Option C All appointments made by the Chair with the ability of the Council to override the Chair within thirty (30) days ---like the Fairfax County model

Chairman Kaney asked members to vote for their preferred model. Those votes were as follows:

Option A – Maryam Ghyabi, Doug Daniels, Jimmy Huger, and Jon Kaney

Option B – Linda White, Charles Matousek, Jack Ascherl, and Senta Goudy

Option C – No votes

Mr. Ascherl pointed out that Option A is the same as Option B except for the external appointment issue. Discussion ensued regarding these proposals. Chairman Kaney stated that there was not a majority or consensus and suggested that discussion on this issue continue at the next meeting.

Chairman Kaney asked if there was consensus that the Chair would have all powers listed in the ICMA letter, page 3, with the exception of appointment powers which will be discussed at a later date. All Committee members agreed.

Senta Goudy moved that the Chair annually report on past accomplishments and failures and set forth goals, objectives and a plan of action for the year in a State of the County address. Jack Ascherl seconded the motion. This proposal was approved unanimously.

Chairman Kaney asked if the consensus of the Committee was to recommend that the Chair vote like other Council members. All members present agreed that the Chair should vote.

Ms. Goudy asked what the signatory authority of the Chair should be. Mr. Ascherl said that one option would be to give them the power to do proclamations, but that the Council should be advised of the issuance. Consensus was reached that Section 2.03 A, Section 3 of the Broward County, Florida charter, which reads "Serve as the official representative and ceremonial dignitary for the government of Broward County, with the prerogative to issue proclamations" would be acceptable in Volusia County with the addition that the County Council would be advised of the issuance of a proclamation.

Chairman Kaney asked about the issue of allowing the Chair to speak on economic development matters. Ms. Goudy stated that she was trying to build the position in the charter to do that without having to specifically spell that out.

Chairman Kaney asked if there was consensus to adopt Section 2.03 A, Section 4 of the Broward County charter, which states that the Chair shall "Sign ordinances, resolutions and other legislative documents for the Commission." There was consensus that this be done, but add that the County Manager attest.

Mr. Ascherl raised the issue of the agenda and stated that he would support the idea that the County Manager prepare the agenda, the Chair approves it, and that the Council could place something on the agenda with a majority vote. Chairman Kaney discussed the City of Daytona Beach agenda process. Discussion ensued regarding this matter.

Mr. Ascherl stated that he does not have in mind a full-time Chair. He asked where the other Committee members were on this issue. Chairman Kaney set the agenda issue aside and asked that the Committee talk about the full-time Chair issue.

Ms. Goudy proposed that the Chair be full-time. Linda White seconded the proposal.

Discussion ensued regarding the proposal for a full-time Chair. Mr. Huger stated that if you want a full-time Chair that you should change the form of government and that if you have a full-time Chair that you did not need a County Manager. He stated that you cannot make the Chair full-time and expect the County Manager to do their job and that it results in two people trying to make decisions.

Mr. Daniels stated that the Council positions are full-time now and that the voters expected it. Ms. Ghyabi stated that the people who get elected do not have the background to run a County government and that a professional manager is needed. She stated that if we are going with a stronger County Chair that there is still a need for a professionally trained manager to run the organization. Chairman Kaney stated that Mr. Huger’s point is that the Chair might micromanage the County government operations.

Mr. Ascherl stated that it is the intent under the current form of government for the Council members to be part-time. He stated that Council members spend full-time in order to do a good job, but that he thought it would be serious mistake to sell the position as a full-time job. He stated that promoting it as a full-time job would have an effect on the Council-manager form of government.

Ms. White stated that elected officials in Southwest Volusia are either retired or work across the river. She stated that it is hard to get them or tap their leadership because they are across the bridge everyday. She stated that she hopes that a full time position would attract good sound leadership and that we have to pay them to get them to serve. She stated that they would need to be out in the community everday and that she is afraid that quality people would not be attracted if they were not paid.

Chairman Kaney stated that one viewpoint he had heard was the concept that the Chair should be either paid a $1 per year or $100,000 per year. He stated that he was sensitive to that dichotomy. Ms. Goudy stated that she believes there is a need for a full-time visionary person. She stated that the County Manager is too busy running the day to day and that a Chair could be out in the community building alliances.

Ms. Ghyabi said the Chair should be paid well, that the job should be well defined and that there should be high expectations. Discussed ensued regarding the position of Chair being full-time.

Chairman Kaney called for a vote on the proposal by Ms. Goudy that the Chair be full-time. It was approved 6 to 2 with Jack Ascherl and Jimmy Huger dissenting.

Discussion continued on the merit of having a full-time Chair. Also, the issue of the role of the Chair in the agenda was again discussed.

Chairman Kaney stated that at the next meeting the following issues would be discussed: appointment powers of the Chair, salary of the Chair, staff support of the Chair, and the role of the Chair in the agenda.

Public Participation

None

Adjournment

With no further business to discuss the meeting was adjourned at 7:38 p.m.

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