Item Coversheet

Committee Assignments - C4  X




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Commissioner Alex Fernandez 
DATE:December  14, 2022
 



SUBJECT:REFERRAL TO THE CHARTER REVIEW TASK FORCE TO CONSIDER WHETHER THE CITY CHARTER SHOULD BE AMENDED TO INCLUDE A “NON-INTERFERENCE” CLAUSE THAT WOULD PROHIBIT INDIVIDUAL ELECTED OFFICIALS FROM GIVING ORDERS TO ADMINISTRATIVE STAFF, AS RECOMMENDED BY THE OFFICE OF INSPECTOR GENERAL IN ITS NOVEMBER 15, 2022 REPORT RELATING TO THE INDIAN CREEK STORMWATER DRAINAGE PROJECT (OIG NO. 21-15).

RECOMMENDATION

Please place on the December 14, 2022 agenda a referral to the Charter Review Task Force to consider whether the City Charter should be amended to include a “non-interference” clause that would prohibit individual Elected Officials, including the Mayor and Commissioner, from giving any orders to the City Manager, City Attorney, City Clerk, and their respective staffs.

 

I served on the last Charter Review Task Force when it was convened nearly ten (10) years ago, and at that time, I recommended that the City consider a non-interference clause similar to that adopted by many jurisdictions throughout South Florida. 

 

In his November 15, 2022 Report relating to the Indian Creek Stormwater Drainage Project (OIG No. 21-15), the Inspector General recommended that the City adopt a charter amendment to protect the City from undue political pressure and other instances of interference on the part of Elected Officials.  A copy of the portions of the Report with excerpts of sample “non-interference” clauses from other jurisdictions is attached hereto. 

  

In addition to my request that this matter be vetted by the Charter Review Task Force, I have asked the City Attorney to research whether similar “non-interference” legislation could be developed as part of the City Code.  If appropriate, I would like to adopt legislation on this issue as soon as possible so as to not have to wait for a voter referendum for my proposal to be implemented.

SUPPORTING SURVEY DATA

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FINANCIAL INFORMATION

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Applicable Area

Not Applicable
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
No No 

Strategic Connection

Non-Applicable
Legislative Tracking
Commissioner Alex Fernandez