Start with these changes to the Palm Coast charter

The City Council should not be able to override a referendum, voted on by the people.

By Observer Staff
| 3:34 p.m. June 5, 2017

Palm Coast Observer
Opinion

By John Brady

Guest Writer

According to local news reports, the city of Palm Coast is again looking at a review of the charter. I think the information provided so far on the process is inaccurate. The two guiding documents are Florida State Statutes, specifically Chapter 166 and the Palm Coast City Charter.

Florida State Statutes Section 166.031 deals with charter amendments. Paragraph (1) does allow for "the governing body (City Council) of the municipality shall place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held within the municipality or at a special election called for such purpose.”

Interestingly, paragraph 3 states, “A municipality may amend its charter pursuant to this section notwithstanding any charter provisions to the contrary.”

The City Charter in Section 10 states, “A five-member Charter Review Committee shall be appointed. Each district council member shall appoint one member from his or her district, and the Mayor shall appoint one member at large.”

Contrary to the information provided in news reports, it seems based on a reading of the above references, City Council "may" propose amendments subject to citizen approval. A Charter Review is covered by the City Charter and "shall" dictate appointments of citizens.

Review by council would only consist of passing amendments which would need to be approved at the next general election.

In a related manner, there is no provision for compensation to be paid and any attempt to provide for compensation should be rejected.

Although Mayor Milissa Holland dismissed the idea of citizens having the accumulated knowledge of the workings of municipal government, this lack of knowledge may instead be an asset since these citizens would not be encumbered the “way things have always be done" and would certainly bring a fresh approach to dealing with the ever-changing demographics of Palm Coast.

The City Charter needs to be reviewed by citizens — and soon.

John Brady is a resident of Palm Coast. He ran for mayor in 2016.

Suggestions for changes to the charter

While talking about the charter here are some changes I suggest:

Section 5 Paragraph 11: Add the following, “A city employee may have access to the Mayor or City Council member to lodge a complaint against the City Manager or City Attorney. The Mayor or City Council member will have the authority to review the complaint and report back to City Council for appropriate action.”

This would memorialize an in-house means of settling employee complaints.

Section 6 paragraph (3) sub (b): Remove last sentence.

The City Attorney should live in Palm Coast. This would require the highest paid city employee to live in Palm Coast and add to the local economy.

Section 7 paragraph (3) sub (e): Remove the words, “other unfunded.”

This will make all contracts over $15 million subject to citizen review. This would prevent spending just because an item was in the budget and might be a step towards a “zero based” budget.

Section 7 paragraph (e): Add "The City Council shall not by administrative action overrule the results of a referendum unless a state of emergency has been declared by the Governor or Federal authorities."

This would prevent the city manager from going against the will of the people with the new City Hall and Community Center as an example of not doing as the citizens voted.

Add requirement that charter officers and all candidates for mayor and council obtain and make available FBI clearance reports.