Section 2.01 Composition of City Commission.
There shall be a City Commission of Five (5) members, each elected at large by the electors of the City, and designated as follows:
Commissioner – Seat One (presently filled by Commissioner Gestrin)
Commissioner – Seat Two (presently filled by Commissioner Barnas)
Commissioner – Seat Three (presently filled by Commissioner Weller)
Commissioner – Seat Four (presently filled by Commissioner Davis)
Commissioner – Seat Five (presently filled by Commissioner May)
Each elector shall be entitled to vote for each Commission Seat appearing on the ballot. Only qualified electors of the City shall be eligible to be members of the City Commission.
Section 2.02 Election and Terms.
The regular election of City Commissioners shall be held on the same date as the regular state and federal general election, or as otherwise permitted by state law, and shall be for a regular term of three (3) years. No election shall be required to be held if the number of vacancies to be filled at the election is equal to or greater than the number of duly qualified candidates for the City Commission.
Section 2.03 Compensation of Commission.
The Mayor and Commissioners shall receive a reasonable monthly salary as determined annually by resolution of the City Commission.
Section 2.04 Mayor
(a) Selection. Each year, at the first meeting following certification of the election, or at the first meeting following the first Tuesday in November, if there is no election for one or more vacant Commission seats, the City Commission shall elect from the sitting Commissioners a Mayor and Vice Mayor.
(b) Duties. The Mayor shall preside at meetings of the Commission and shall be recognized as the head of the City government for service of process, ceremonial matters, and execution of contracts, deeds, and other documents. The Mayor shall have no administrative duties other than those necessary to accomplish these duties.
(c) Absences. The Vice-Mayor shall act as Mayor during the absence or disability of the Mayor, and if a vacancy occurs or exists in the office of Mayor, the Vice-Mayor shall become Mayor for the completion of the unexpired term of the former Mayor and shall also serve his regular term as Mayor. In the temporary absence of the Mayor and Vice Mayor, the remaining Commissioners shall select a Mayor pro tempore. In the event that there is neither a Mayor nor a Vice Mayor sitting on the Commission, the Commission shall select a Mayor to serve in that capacity until the next election. A Mayor or Vice-Mayor may refuse such office or, once in office, may resign from such office and remain on the commission as a member during his term.
Section 2.05 General Powers of City Commission.
All powers of the City shall be vested in the City Commission except those powers specifically given to the Charter Officers or specifically reserved by this Charter to the electors of the City.
Section 2.06 Commission-Employee Relationship.
Neither the City Commission nor any of its members shall in any manner dictate the appointment or removal of any City employee except the charter Officers, nor shall the Commission or any of its members give orders to any employee other than Commission orders to a Charter Officer. The Commission or its members shall deal on all matters through the appropriate Charter Officer.
Section 2.07 Vacancies, Filling of Vacancies.
(a) Vacancies. The office of a Commissioner shall become vacant in accordance with general law or if a Commissioner is absent from three (3) consecutive regular Commission meetings without being excused by the Commission prior to the fourth consecutive absence.
(b) Filling of vacancies. In the event more than six (6) months remain before the next annual election, there shall be a mandatory special election to fill the remainder of the term of the vacant Commission seat as provided for in this Charter and the laws of the State of Florida, which election shall be held not sooner than sixty (60) days, nor more than ninety (90) days following the occurrence of the vacancy. In the event less than six (6) months remain before the next annual election, the remainder of the term of the vacant Commission seat shall be filled by an election held pursuant to Section 4.05(b). A Vacancy on the Commission may be filled temporarily by a majority vote of the remaining members of the Commission. Any person appointed by the Commission to fill a vacancy shall hold office until the next annual election in the City or until the special election referred to above. If at any time the membership of the Commission is reduced to less than a quorum, the remaining member or members may by majority vote appoint additional members in conformity with this section or shall call for a special election to be held within sixty (60) days from the date of the vacancy which reduced the Commission to less than a quorum. In the event that all seats on the Commission become vacant, the Governor shall appoint an interim Commission which shall serve until the next regular election.
Section 2.08 City Commission Meetings.
(a) Time and place. The Commission shall meet regularly at least once a month at such times and places as the Commission may prescribe by rule. Special meetings may be held at the call of the Mayor, or, in his absence, at the call of the Vice Mayor, or at the request of a majority of the Commission; and, whenever practicable, shall provide for not less than twelve (12) hours notice to each member and the public. The first meeting for each newly elected Commissioner for induction into office shall be held at the first regular commission meeting following the final certification of election results which shall declare the candidate Commissioner-elect.
(b) Quorum. A majority of the Commission shall constitute a quorum. No action of the Commission, except as provided in Section 2.07, shall be valid unless adopted by the affirmative vote of at least three (3) members of the Commission.
(c) Voting. Voting on ordinances and resolutions may be by roll call and shall be recorded by the City Clerk in the journal.
(d) Rules. The Commission shall determine its own rules and order of business.
ARTICLE III. CHARTER OFFICERS
Section 3.01 Designation.
The City Manager, City Clerk, and City Attorney are designated, Charter Officers. The office of the City Manager and the City Clerk may be combined in the same appointee.
Section 3.02 Appointment
The Charter Officers shall be appointed by the Commission and shall serve at the pleasure of the Commission subject to the provisions of Section 3.03 of this Article.
Section 3.03 Removal.
To remove a Charter Officer, the Commission shall adopt a preliminary resolution stating reasons for the intended removal and shall offer the Charter Officer an opportunity for a public hearing before the Commission on the matters raised by the resolution. This preliminary resolution may also suspend the Charter Officer from duty immediately with pay. The Charter Officer must accept the offer of a public hearing or file a written response within ten (10) days of the adoption of the preliminary resolution, or the resolution becomes final at the expiration of this ten-day period, and the Charter Officer is terminated on that date. If the public hearing is requested, it shall be held not earlier than twenty (20) days nor later than thirty (30) days after the adoption of the preliminary resolution. After any such public hearing, or after consideration of any written response, the Commission shall adopt a final resolution of removal or let the preliminary resolution lapse.
Section 3.04 City Manager-Powers and Duties.
The City Manager shall:
(1) appoint, suspend, demote, or dismiss any City employee under his/her jurisdiction in accordance with the law and the personnel rules, and may authorize any Department Head to exercise these powers with respect to subordinates in that department;
(2) direct and supervise the administration of all departments of the City except the Offices of City Clerk and City Attorney;
(3) attend all Commission meetings unless excused by the Commission and have the right to take part in the discussion, but not vote;
(4) ensure that all laws, charter provisions, ordinances, resolutions, and other acts of the Commission subject to enforcement and/or administration by him/her or by officers or employees subject to his/her direction and supervision are faithfully executed;
(5) prepare and submit the annual budget, budget message, and capital program;
(6) keep the Commission fully advised of administrative activities relating to the City, as to the financial condition of the City, and of the future needs of the City, and make such recommendations to the Commission concerning the affairs of the City as he/she deems desirable;
(7) prepare such other reports as the Commission may require concerning the operations of City Departments, offices, advisory boards, and agencies;
(8) execute contracts, deed and other conveyances, and other documents on behalf of the City as authorized by the Commission;
(9) pursue the collection of all allowable fees and taxes and maximize financial revenues as necessary to sustain the City and the service levels set by the Commission; and
(10) performs such other duties as are specified in this Charter or as may be required by the Commission.
The City Manager shall designate a qualified City employee to exercise the powers and perform the duties of City Manager during any temporary absence or disability of the City Manager. In the event of the failure of the City Manager to make such designation, or should the person so designated by the City Manager be unable to perform such duties or be unsatisfactory to the Commission, the Commission may revoke such designation at any time and appoint another employee of the City, other than a currently sitting Commissioner, to perform the duties of City Manager until he/she shall return, or until his/her disability shall cease.
Section 3.05 City Clerk-Powers and Duties
The City Clerk shall give notice of all City meetings to the Commissioners and the public as required by law and shall attend all such meetings in person or by designee and shall keep minutes of the proceedings. The City Clerk shall authenticate by signature and be the custodian of this Charter, all ordinances, resolutions, and other City documents and shall perform such other duties as required by law or by the Commission. The City Clerk shall be the supervisor of elections for the City. The City Clerk, when necessary, shall appoint, suspend, demote, or dismiss any employee in the Office of the City Clerk in accordance with the law and the personnel rules of the City. The City Clerk shall prepare annual budgets for the operations of the Office of the City Clerk and the City Commission and shall submit these budgets to the City Manager for inclusion in the annual City budget in accordance with uniform City procedures.
Section 3.06 City Attorney-Powers and Duties.
The City Attorney shall be a member of the Florida Bar and shall be the legal advisor to the City of High Springs. The City Attorney or his designee shall attend all City Council meetings and perform such professional duties as may be required of him by law or by the Commission. The City Attorney, when necessary, shall appoint, suspend, demote, or dismiss any employee in the Office of the City Attorney in accordance with the law and the personnel rules of the City. The City Attorney shall prepare an annual budget for the operation of the Office of the City Attorney and shall submit this budget to the City Manager for inclusion in the annual City budget in accordance with uniform City procedures.