Greg Oravec From: Bill Jones Sent: Monday, November '19, 2012 11:0'? PM To: Grog Oravec Cc: Man/Ann Verillo; Donna Frankel; Leo Dearlove Subject: Re: Email for Councilman Bowen Greg, Councilman Bowen will assu111ot11e address. We will just update the address book to reflect the change. We are Working with Bonnie to coordinate this and o011figure111'siPhoI1e and iPad. Bill Sent from my iPad On Nov 19, 2012, at 8:33 PM, "Greg Oravec" wrote: Does Councilman Bowen have an e--mail account set up yet'? Thanks, Gregory J. Oraveo City Manager 121 SW Port St. Lucie Boulevard Port St. Lucie, FL 34984 (772) (772) 871-5248 [fax] Greg Oravec From: Greg Oravec Sent: Tuesday, November 20, 2012 6:51 PM To: Ron Bowen Subject: Test Dear Councilman Bowen, As a follow up} to our conversation of a few minutes ago, this email serves to check to see if your email lnbox is operationai. Thank you for sharing your input with me. Best wishes, Greg Gregory . Oravec City Manager 121 SW Port St. Lucie Boulevard Port St. Lucie, FL 34984 (772) 344-4371 (772) 87'! -5248 [fax] A GROUP OF ONE WE Lucia Greg Oravec From: Greg Orayec Sent: Thursday, November 22, 2012 9:32 AM To: 'rebowen@gate.net' Subject: RE: appointments Councilman Bowen, lam very sorry to learn of the cancellations. was very much looking forward to touring the City withyou and beginning the orientation process in earnest. If it were not Thanksgiving today, I would certainly call you to discuss these matters - further. If you have a moment, I would greatly appreciate your call at (772)342-6072. Sincerely, Gregory J. Orayec City Manager 121 SW Port St. Lucie Boulevard Port St. Lucie, FL 34984 (772) 344-4371 (772) 871-5248 [fax] I From: rebowen@gate.net Sent: Thursday, November 22, 2012 6:56 AM To: Greg Oreyec Subject: appointments Mr. Orayec, Due to recent events, i am canceling our two appointments scheduled for Friday and Monday morning. cordially, Ron Bowen (Councilman, District 4) Greg Oravec From: Greg Oraveo Sent: Thursday, November 22, 2012 12:08 PM To: Ron Bowen Subjeet: FW: Happy Thanksgiving! Councilman Bowen, Happy Thanksgiving! You may have already received the below e--mail; but, I am not taking any chances. can't tell you how sorry i am that we have not given you a better welcome. Please accept my apologies. Very truly yours, Greg Gregory J. Oravec City Manager 121 SW Port St. Lucie Boulevard Port St. Lucie, FL 34984 (772) 3444371 (772) 871-5248 [taxi .4 PEOPLE TED 72? ONE THE WORLDA From: Team PSL Sent: Thursday, November 22, 2012 11:_57 AM To; Team PSL Subject: Happy Thanksgiving! Happy Team Port St. Lucie! I hope that everyone enjoys and along holiday weekend. As part of that enjoyment, I hope that you take a moment to refleot on those things for which you are I am thanlcful for many things (because I am just one ticket short of being the luckiest guy in the world), including: 1. Being alive. Life is too short no matter how much time you have. Make everyday count towards something important in your life. 2. Having an incredible family. Who loves ar1d.suppo1*ts you more? Who is there to celebrate the good times and pick you up in the bad'? Try never to take them for granted. Tell them how much you love them and how they are. Being an American. Think of all the other places you could have been born or moved to! 4. Having a job that allows me to make a d.iffe1'e11oe. I spend more waking hours at W01'k than any other single place. I bet you do too. Why would We invest that time in something that didn't matter?! 1 U) Playing the continuing support of the City Council, which allows me to keep that aforeme11tionecl job! 6. Living in the wonderful corninunity of Port St. Lucie. Go to the park, preserve or waterfroiit this weekend or shop if you are a bargain hunter, but get out there and enjoy one of the many things our coinmunity has to offer. 7. I put in all caps and saved it for last because this e-rnail is really about you and, more particularly, how tlianlcful I arm for you. Through your job and, or, your volunteerism, you1r1a1~:e Port St. Lucie What it is and lay the foundation for what it will become. You are making Port St. Lucie a better place, and you are melting the world a better place starting with Port St. Lucie. I am so proud of what you do and thankful that I get to be a part of it. If we remain pure of heart, focused on the Vision and dedicated to our missions, we will achieve our collective goals and much, much more. Happy Thanksgiving! Gobble, gobble, Greg -G regent 3.. City lma-nugget" 121.5%? start st; Luci-e: rd Ftort st. "Lu-sire, Ft. .3419:-84 Elsa] ea'! fiial??' Gre Oravec From: Greg Oravec Sent: Wednesday, December 05, 2012 10:33 PM To: Ron Bowen Subject: FW: 2013 Council 81 ORA Meeting Schedule Attachments: 2013 Meeting Councilman Bowen, it just hit me why those two Special City Council Meetings are cancelled--the Winter and Summer Retreats! I'm sorry that the reason did not occur to the earlier. Since the Council is already meeting as a body at least twice in thosegiyen weeks, they have historically requested the cancellation of the Monday meetings. If you have any additional questions or I can be of assistance, please do not hesitate to contact me. Thank you, Greg Gregory J. Oravec City Manager 121 SW Port St. Lucie Boulevard Port St. Lucie, FL 34984 (772) 344.4371 (772; s71--s24s [fax] .4 PEQPAE TED MA A BE 771-1'? PLAJEL From: Karen Phillips Sent: Tuesday; December 04; 2012 12:55 PM To: Ann Fidge; Anne Cox; Anthony Veltre; April Stoncius; Barney Reina; Betty Bollinger; Bill Jones; Bonnie Cruz; Carol I-leintz; Charlie Proulx; Chuck Tyrrell; Dan Perlmutter; Daniel Holbrook; Daniel Kleman; Dave Pollard; Denise French; Donna Rhoden; Ed Fry; Edward Cunningham; George Disaia; Greg Oravec; Helen Quintana; Jack Reisinger; James Angstadt; Janet Graham; Jay McBee; Jeffrey Bremer; Jesus Merejo; Joanne Fitzgerald; Joe Taylor; Joel Dramis; Julian Aldaronclo; Linda Bagley; Linda Bartz; Lira Walker; Margie Wilson; MaryAnn Verillo; Mayor Falella; Melissa Jungjohan; Michele Fogel; Michelle Berger; Nancy Natalie Cabrera; Pam Booker; Pat Shutt; Patricia Christensen; Patricia Roberts; Patricia Patricia Selmer; Patti Tobin; Patty Lipp; Renee Major; Robin Dorfmeister; Robin Hampl; Roger Orr; Ron Bowen; Roxanne Chesser; Rusty Bedell; Sally Walsh; Shannon Martin; Sherman Conrad; Sue Walsh; Susan Williams; Thomas OReil|y; Wendy Russell; Yolanda Ruiz; Yvette Cruz Subject: 2013 Council 84. (IRA Meeting Schedule Attached please find the 2013 meeting schedules forthe City Council Regular Special meetings and the CRA meetings. Itjarenfl. (P/iilzips, C9l'fC City Cifiy qf(Por't St. -Lucie (772) 344-43 70 (772) 344-4094 mg Greg Oravec From: Greg Orevec Sent: Friday, December-14, 2012 7:05 PM To; Ron Bowen Cc: Mayor Faiella; Edward Cunningham; MaryAnn Bonnie Cruz; Michelle Berger; Shannon Martin; Linda Bertz; Jeffrey Bremer; Patricia Roebiing Subject: RE: MPO Meeting on Monday Councilman Bowen, i look forward to catching up with you on this and related matters. A staff person from the Engineering Division will be in attendance at the subject Martin County MPO meeting. . Thank you, Greg Gregory . Oravec City Manager 121 SW Port St. Lucie Boulevard' Port St. Lucie, FL 34984 (772) 3444371 (772) [fax] A HF PEGWLE 71:9 ONE TH/Affi? 735 WORLPA From: Ron Bowen Sent: Friday, December 14, 2012 5:12 PM To: Greg Orayec Ce: Mayor Edward Cunningham; MaryAnn Verilio; Bonnie Cruz; Michelle Berger; Shannon Martin; Linda Bartz I Subject: MPO Meeting on Monday MEMORANDUM TO: Gregory Oraveo, City Manager FROM: Ron Bowen, Cottnoilmember DATE: December 14, 2012 SUBJECT: MPO Rep1'ese11tatiVe Dear Mr. Oravec, Please be advised that I will be attending the Monday, December '17, Martin County MPO meeting. There is no need to send Ed Cunningham. I will be representing the City of Port St. Lucie, and I am requesting an appropriate City staff member to attend. lwill report back on the outcome of the MPO meeting. Sincerely, Ron Bowen - Councilmember, District 4 Greg Oraveo I From: Greg Oraveo Sent: Friday, December 14, 2012 7:05 PM To: Ron Bowen Cc: Mayor Faielia; Edward Cunningham; MaryAnn Verilio; Bonnie Cruz; Michelle Berger; Shannon Martin; Linda'Bartz; Jeffrey Brenner; Patricia Roebling Subject: RE: MPO Meeting on Monday Councilman Bowen, I look forward to catching up with you on this and related matters. A staff person from the Engineering Division will be in attendance at the subject Martin County IVIPO meeting. Thank you, Greg Gregory J. Oraveo City Manager 121 SW Port St. Lucie Boulevard Port St. Lucie, FL 34984 (772) 344-4371 (772) 371-5248 [fax] A DEDKCA YHE WORLD A 5T4 From: Ron Bowen Sent: Friday, December 1.4, 2012 5:12 PM To: Greg Oravec .. Cc: Mayor Falella; Edward Cunningham; MaryAnn Verilio; Bonnie Cruz; Michelle Berger; Shannon Martin; Linda Bartz Subject: MPO Meeting on Monday MEMORANDUM TO: Gregory Omveo, City Manager FROM: Ron Bowen, Counoilmember DATE: I December 14, 2012 SUBJECT: MPO Representative Dear Mr. Oraveo, Please be advised that i will be attending the Monday, December 17, Martin County IVIPO meeting. There is no need to send Ed Cunningham. I will be representing the City of Port St. Lucie, and I am requesting an appropriate City staff member to attend. . I will report back on the outcome of the P0 meeting. Sincerely, Ron 'Bowen Counoilmernber, District 4 From: Greg Oravec Sent: Tuesday, December 18, 2012 2:48 PM To: Roger Orr Subject: FW: Council Office Staff Meeting Roger, Do you think that they may venture into items which require a vote? Other places sometimes have a low key advertised meeting around a conference table. The discussion of staffing may lead to budget items and other matters requiring a vote. Thanks, Gregory J. Oravec City Manager 12] SW Port St. Lucie Boulevard Port St. Lucie, FL 34984 (772) 344-4371 (772) 371-5243 [fax] .4 (PF DEDIKA TED ONE Warsaw A Berna? PLAZEJ 51:4er7zv:7 WW From: Bonnie Cruz Sent: Tuesday, December 18, 2012 2:40 PM To: Mayor Linda Bertz; Michelle Berger; Shannon Martin; Ron Bowen; Greg Oravec; Roger Orr Cc: Yvette Cruz; Mari/Ann Verillo; Denise French; Patty Lipp Subject: RE: Council Office Staff Meeting I received responses that the best day to meet is: Thursday, 1/'8/13 from 8:30am --10am. Please' post your calendars and send me discussion items to be placed on the agenda. Thank you. From: Bonnie Cruz - - Sent: Monday, December 17, 2012 3:04 PM To: Mayor Faieile; Linda Bartz; Michelle Berger; Shannon Martin; Ron Bowen; Greg Oravec; Roger Orr Cc: Yvette Cruz; Mar'/Ann Verilio; Denise French; Patty Lipp Subject: RE: Council Office Staff Meeting Unfortunately the beiovv date was not convenient either. Please review your calendars _for the following dates: Wednesday, 1/2/13 -- anytime Thursday, 'if3/'i 3 -- An agenda will be prepared, please notify me of your items for discussion. Thank you. From: Bonnie Cruz Sent: Friday, December 14; 2012 3:58 PM To: Mayor Faieila; Linda Bartz; Michelle Berger; Shannon Martin; Ron Bowen; Greg Oravec; Roger Orr Cc: Yvette Cruz; MaryAnn Veriilo; Denise French; Patty Lipp Subject: RE: Council Office Staff Meeting This date was not convenient please review Wednesday, December 26 at loam. Thank you. From: Bonnie Cruz Sent: Friday, December 14, 2012 3:29 PM _To: Mayor Faiella; Linda Bartz; Michelle Berger; Shannon Martin; Ron Bowen; Greg Orayec; Roger Orr Cc: Yvette Cruz; Verillo; Denise French; Patty Lipp Subject: RE: Council Office Staff Meeting The Mayor is requesting to schedule this meeting next week, lam inquiring on your availability to meet on Tuesday, . December 18 at 3pm. Also please let me know if you have items to be place on the agenda. Thank you. From: Bonnie Cruz Sent: Friday, December 14, 2012 11:30 AM To: Mayor Faielia; Linda Bartz; Michelle Berger; Shannon Martin; Ron Bowen; Greg Oravec; Roger Orr Cc: Yvette Cruz; Mary/inn Veriilo; Denise French; Patty Lipp Subject: Council Office Staff Meeting The Mayor is requesting to schedule a Council/Staff meeting for January 2013 and to include the City Manager and City Attorney. Reviewingyour calendar the following dates are available: Tuesday, 1/8/'l 3 at 9am Thursday, 1/10/13 at 9am Wednesday, 1/16/13 9am Thursday, 1/17/'13 at 11am Please let me know your availability to meet. TE. Bowen DEC 1 "2022 TO: Gregoafy I . Graves NJ. .- 45 . R311 Boweii, Counailmexfibor MWW -DATE: Drmamber E9, 2012 I SUBJECT: Protoeal Dear Mr. Orewec, I remesivecl yaur 'voice mail message: yesterdays MPG meating. First of 2111, you seem to .ha:w: ta t_n__ad_ of .wzgg?i_ng__to have the lam: word with me no matter what the cirszuznstancc: is. Your 5261f.'- ah ti iioic? "ii.?1s woifl?finigif 'y"dn' v?drk fm" the Couzmil. and not the other my around. For yaur infoxmatimn, I aattemdacl the Martin Caunty MPO meeting arriving 15 minutes; before the 9:00 am. meeting. nay presexme at ?116 }og~in slwet provided. I noticed no one from "the: City ha? signed in bmfare tl1e.meati:zg. I uhaakexd when I left the mraeting and still no sign in from the City. Ne ems identifying thesmselwas from the City approaclxed me bafiom the: mseeting. No staff' sat with me: tinting the meeting. - minutes early in orrder ta: film 1:0 my -clootnrt in Stuart. When. I. left, no em: followed. and identified as a stafi' mcmbar. Iv.ra:a asked in passing by the Mayor and your assismni: how the meeting went. I mt.-mtiuned in passing tlzat the meeting was good." but I saw tic: staff' membmc. - Ihanlc yam. far corraating me by advising mt: that :1 s1*afi' nwmber did. attend than meeting. Furtllanrmre, that is :11! did. was ta ineeting and nothing wise. New introduction mi interaction at an. In {hf future, would hope that may member attending tneeting where 3.. Council manmber is present would at Imam mcord thmir premnme and introduce their selfbeforc the rueeting. In closing, I like to remiml you again flzat you warlec for that: City Council. It erppeam that you may have ?iuring your axtexasive I Iocrk.forwa.rc1 to making with you at our January 'LIr.ztil then, Marry Ctlrimzmas to yen and your _?2m2?ly. Counoilmembezr, 4 Ge: City Cmmcil Greg Oravec From: Tonia Sent: Tuesday, December 18, 2012 5:24 PM To: Greg Oraveo Subject: Re: Scanned image from MX--26OON He's a jerk! Sent from my iPhone On Dec 18, 2012, at 5:07 PM, Greg Oravec wrote: Gregon/J. Oravec City Manager 121 SW Port St. Lucie Boulevard Port St. Lucie, FL 34984 (772) 344-4371 772) 871-5248 [fax] Message-~-M From: Sharp Scanner On Behalf Of sharp@ Sent: Tuesday, December 18, 2012 5:11 PM To: Greg Oravec Subject: Scanned image from MX-260ON Reply to: sharp@citvofnsl.com Device Name: Not Set Device Model: Location: Not Set File Format: PDF (Medium) Resolution: 20Ddpi 20Ddpi Attached file is scanned image in PDF format. Use Acrobat(R)Reader or Adobe(R)Reader(TM) of Adobe Systems Incorporated to View the document. can be downloaded from the following URL: Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader are registered trademarks or trademarks of Adobe Systems Incorporated in the United States and other countries. ?sharo@citvofbsl.com 20121218 171108.bdf> ?2 au?w A 3&1) . . mm/1, 5173 (Z - oz, . gm,/J /Laxcm- Awvma Qfifflac//win: 26/2>> 63?' 1% (L71, as . December 21, 2012 Re: Holitlay Wish Dear Mayor City Council, As 2012 'comes to a close, the calendar and circu1ns't'anc'es' have given me cause to reflect on my time 'v'vith the City of Port St. Lucie and to share what follows. The last nine months have been amazing, and it is impossible for me to adequately convey my gratitude for this experience. Everyday has provided unique learning experiences, a chance to continue the process of building an outstanding team and an opportunity to get something done for our citizens. If you reflect on What our team has accomplished in nine months, especially considering how difficult the last three years have been, I hope you feel a sense of pride, excitement a11d enthusiasm about the future of our City and organization. This letter is formed from a combination of intimate thoughts, hopes and dreams for the City. These things may very well be"b'etter' discussed than written; but, many practical factors conspire" against our ability to easily have such a discussion,' most notably time and the public meeting laws which (are cherished but also) constrain our ability to hold impromptu meetings and can make baring one's soul uncornfortableiat best. Accordingly, I feel compelled to- get this out. . much to the chagrin of my Wizened assistants, who should know how much I value and respect them. My holiday wish is for you to consider the following pitch. Here it goes--the City Council, City staff, the City as a whole and Team Port St, Lucie could reap enormous benefits from the City Council, City Attorney, City Clerk and City Manager participating in a professionally facilitated communication and tearnbuilding workshop. I have Watched the City fall short of its great potential over the last three years in part because of difficult external factors but in equal or greater part because of self-inflicted irnhroglios. I believe these imbroglios occur for systemic reasons which Will continue until the causal "factors change because I have watched them occur beyond the tenure of any one official, appointed or elected. Much to my horror, I have been confronted with the reality that I am now somehow contributing to them, and I want you to know that I am comrnitted to breaking the cycle. To this end, I would like to suggest that the best way to change the causal factors and the cycle is to, as a group, collectively recognize that they exist, name them, study them and then modify the behavior that creates them. I do not think it would be an easy or instant process; but, I do believe with all my heart that it can be done. In fact,.I would suggest that the aforementioned could be the key first step to help us do it. There are many success stories from across the country to support this suggestion, but we need not look anywhere other than our own history. As you may be aware, there was once a divided Council and administration exactly two decades ago, who met on December l7, 1992, to carry out what was later called a "marriage counseling". Though someone who was there characterizes it as the most professionally embarrassing experience of a long career, he also confesses that in the days, weeks and months following that session, that divided group of individuals eventually came together to form a cohesive team that was one of the best we ever had, one which Would go on to approve water and sewer expansion throughout the entire City (one of our crowning achieveinents) and to enable the City to reach previously unattainable heights. I find the parallels between now and then striking; and, just like then, there is so much potential for you to lead the City to another level. Tl1e time is right both literally with the New Year and more figuratively as a result of several important external factors and opportu11ities such as a rebounding economy. I would very much like to be part of the entire journey, but am especially intrigued to see what could come out of a workshop in W_l1_iOl1 we learn how to better communicate with each other, where I can learn how to be a better teammate, a better city manager and a better employee. With this pitch delivered, I t'urri'1ny attention from "talk" to the much more difficult "Walk". I would like to cut through rumors and the grapevine to open up and to share something very fundamental about me, your employee, directly with you, the entire City Council. In this effort, it may strike some of you as only fitting that I would find real meaning in the words of a fictional pirate, who said: - The only rules that really matter are these: what a man can do and what a man ca11'tdo. For instance, you can accept that your father was apirate and a good man or you can't. But pirate is in your blood, boy, so you'll have to square with that some day. And me, for example, I can let you drown, but I can't bring this slpip into Tortuga all by me onesies, savvy'? But truly, one of my most cherished learning experiences over t11e last nine months has been realizing how Captain Jack Sparrow's rules apply to my professional life, grasping in a. very tangible way, what I can do, and what I can't do. While I will not share the corresponding lists in their entirety here, I would like you to know that: I can (a1idIwill):_ continuously improve to better serve you as a body; imp1eme11t the body's policy; build an outstanding results-oriented team; lead that team in successfully raising the bar on our quality of life; keep my promises; deliver results; be a better listener; and respond positively to constructive criticism. I can't succeed. in doing the above (What I can and will do) without open lines of communication or in an environment where officials talk about each other without talking to each other, where unexplained grievances, supercharged by gossip, morph into crises which usurp the resources of the organization from that which matters your vision on how to serve our citizens.- I greatly appreciate your consideration of this holiday wish and for allowing n1e to share my thoughts with you. Thank you for an incredible year. I look forward to the future holds. Wishing you and your families the happiest of holidays, I am Yours it Gregoryl. Oravec From: Greg Orayeo Sent: Friday, December 21, 2012 8:52 PM To: Mayor Faiella; Linda Bartz; Michelle Berger; Shannon Martin; Ron Bowen Cc: Patty Llpp; MaryAnn Verillo; Yvette Cruz; Bonnie Cruz Subject: Apology Dear Councilman Bowen, Mayor and Council members, Prior to fully unplugging for the long holiday weekend, I wanted to send one last piece of correspondence. I wanted to be sure to let you know how very sorry I am about my wife's e-mail and any pain or embrassment it may have caused you, Councilman Bowen, directly or to any member oi' the City Council. I feel very fortunate to serve you and also to have such a loving wife. When considering this matter in the context of the Golden Rule, I know thatl would not want to be in the position that my wife and I have put you in. Accordingly, I hope you can accept this sincere apology. Happy Holidays, Greg DEC 2 7 rim To: CITY COUNCIL Cit Manager's Office CITY MANAGER MEMORANDUM FROM: ROGER e. ORR, CITY ATTORNEY OATE: DECEMBER 2c, 2012 SUBJECT: PORT ST. LUCIE CITY Ci-ll?iiRTER I I have been asked to provide an interpretation of Section 3.07' of the City Charter. More specifically, i have been asked to clarify how; that section of the City's Charter governs. Council members in their interaction with City employees when they are seeking information needed to perform their duties as elected Officials. Section 3.07 of the City Charter is titled "interference with Administration." This section in its entirety states as follows: "Except for the purpose ofinquiries relating to present or proposed legislation, the Council or its members shall deal 'with the City officers and employees who are subject to the direction and supervision of the City Manager. solely through the City Manager and neither the Council nor its members shall give orders to 'any such officer or employee, either publicly or privately." Section 4.01 of the City Charter establishes the City Manager as the Chief Administrative Officer of the City, responsible to the Council for the administration of all City affairs placed in his charge by or under this Charter. His powers are further defined in Section 4.04 of the Charter which further provides that he shall direct or supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law. The structure Of the City Manager form of "government as thus established by the Charter creates a delineation of the duties and responsibilities between the City Council as the legislative body and the City Manager as the Chief Administrative Officer. The purpose of Section 3.07 is to provide some guidance as to how those different functions interact. As stated In its title, Section 3.07 deals with the issue of interference by the City 'Council with the City Manager _in his execution of his duties and responsibilities. -i think that the language is very clear that Council members may not give direction to any officer or employee that is-under the direction and supervision of the City Manager. City Council City Manager (subject) December 26, 2012 Page 2 of 4 The portion of Section 3.07 that is specifically to be reviewed herein is the- language that provides: "Except for the purpose of inquiries relating to present or proposed legislation', the Council or its members shall deal with the City officers and employees who are subject to the direction and supervision of the City Manager, solely through the City .- In order to better understand what is intended by this language I think it is useful to look at the history of its derivation. The City's Charter was adopted in 1976 pursuant to a referendum._ The Charter adopted in 1976 was drafted using the 'Model City Charter that was available as a guide" at that time. However, the language we currently find in Section 3.07 was amended from that which was originally adopted in 1976: ln_ pursuant to a recommendation of the City's Charter Revision Committee, the Council adopted Ordinance 86-62, a copy o.f which is attached hereto, which proposed an amendment to Section 3.07, aswell as other sections. This "ordinance wasapproved by the City Council in July, 1986. .The issue was presented to the voters in November of that year and the revisions were approved at that time. i" To help put these changes in -a clearer context, lreviewed the current version of the Model City Charter, Eighth Edition. This was approved .by the National Civic League in 2003. The relevant language is found in Section 2.05, Pro'hi'bitions, which states as follows: - interference With Administration. Except for the purpose of inquiries and investigations 'under Section 2.09, the Council or its members shall deal with City officers.and employees who are subject to the direction and supervision of the City Manager, solely through the City Manager and neither the Council nor its members shall give orders to any such officer or employee either publicly or privately." Section 2.09 of the Model 'City Charter, Eighth Edition, deals with the Councils authority to conduct investigations, which is virtually identical to the language found in Section 9.05 of the Port St. Lucie City Charter. Of particular interest is the commentary that is provided with the Model City Charter following the language of Section In this commentary it is stated: "Council members are strictly prohibited from giving orders to City officers or employees. However, the prohibition against interference with administration does not prevent Council members from making inquiries of department heads or employees for the purpose of obtaining information needed by them in the discharge of theirduties including response to constituent requests. information provided to one Council member should be shared with the entire Council as warranted. City Council City Manager (subject) December 26, 2012 Page 3 of 4 The Council and Manager should define the parameters for such requests and establish reasonable boundaries. In some cities, automated information systems make information on aspects of departmental operations readily 'available to Council members on cornputerterrninals." A copy of the introduction to' the Eighth Edition of the Model City Charter and the language which I have referenced as Section 2.05 'and the commentary thereon are attached hereto. . - As you will see from the language in Ordinance 86-62, the 1976 Charter language addressing this issue allowed City Council members to deal with City officers and employees for the purpose of inquiries and investigations. 1 In my opinion, this language is consistent with the concept of interaction between Council members and staff as explained in the commentary. quoted above. I believe it is consistent that the 1966 revisions to Section 3.07 qualified the reference to inquiries and investigations by stating as follows: "Except for the purpose of inquiries and investigations, thecouncil or Its members shall deal with the City officers and employees who are subject to the direction and supervision of-the Manag;er solely through the I believe it is significant that that language wastaken out of Section 3,07 and in its place we find: "Except for the purpose of inquiries relating to present or proposed legislation the Council or its members shall deal with City officers or employees who are subject to the direction and supervision of the City Manager, solely through the City The language found in the current City Charter is farmore restrictive than the language that was in the original Charte'r adopted in 1976. - - i think it is particularly informative to understand what was intended by the 1986 Charter revision amend mentsto look to the minutes of the Charter Revision Committee and the City Council as they discussed these changes in anticipation of placing these amendments on the ballot. The minutes of the Charter Revision Committee of July 26, 1983, is the first substantive discussion of Section 3.07. Attached to this memorandum are pages 10 and 11, of those minutes. I would suggest that the Charter Revision Committee was, by these proposed amendments, seeking to establish a line in the sand whereby Council members could make inquiries and submit questions to department heads and other City employees only through the City Manager with the exception of inquiries pertaining to pending or proposed legislation or formal investigations as provided in Article IX in the Charter. The next relevant discussion of the Charter Revision Committee is found in the minutes of August 9, 1983. Pages 1, 2 and 3 of those minutes are attached for your ease of reference. I would suggest that the discussion by the Charter Revision Committee as reflected in these minutes again is a departure from the language of the City Council - City Manager (subject) December 26, 2012 Page 4 of 4 "Model City Charter and was intended by design to channel non-legislative inquiries through the Office of the City Manager. Also attached are copies of the City Council Workshop meeting minutes of July 7, 1986-, wherein the City Council was considering a recommendation of the Charter Revision Committee pertaining to Section 3.07. Some of the comments of the City Council members further reflect the intention of this change to be very restrictive on the abilitylof the Council members to make inquiries of City staff members outside the context of legislative matters without going through the Office of the City Manager. It is therefore_my opinion that Section 3.07 of the -City Charter is Intended to disallow interaction between City Council members and City employees except for the purpose of inquiries -relating topresent or proposed legislation. l_nquir.ies by the Council members for the purpose of gathering information or asking questionsrelevant to or necessary to their performance of their duties as elected officials may only be accomplished through the City Manager. It is recognized that in the past Port St. Lucie City Managers have tacitly allowed Council members to make inquiries directly to City staff to facilitate the performance' 'f their duties as elected officials; however, that has been in accordance with the policy of those individual City Managers. I would suggest that the current City Manager has set forth the guidelines he wants followed pursuant to . Section 3.07 of the City Charter. Attached is his memorandum of May 4; 2012, setting forth those procedures. I would further suggest, although other City -Managers have taken a different approach to this issue, the current City Manager's directive is consistent with Section 3.07 of the City Charter. Please advise if you haveany further questions in this regard. RGO/dmf H:\deniss\rogsrimsmos - w--adl11iI'll5lralion - memo to council. cm 12.28.12 - draft Soot: 445>> 85- 62 AN ORDINANCE TO SUBMIT TO THE ELECTORS OF THE CITY OF PORT ST. LUCIE, FLORIDA PROPUBED AMENDMENTS TO SECTIONS 3.02: 3.07: 4.02{bJ, AND 4.U2(cJp ST. LUCIE CITY CHARQER, TO BE RLACED ON THE BALLOT FOR AT A GENERAL ELECTION TO BE HELD WITHIN THE CITE: PROVIDING AN EWFEQTIVE DATE. THE CITY or pom ST. LUCIE semtiun 1. The purpoee ofi this ordinance is to authorize the Supervisor of Elections of the County of St. Luciet Flcride, to eat forth on the ballot at the next general eleatibn to be helfl id! the City of Port St. Lucie, Flprida, on the Charter Amendments tn Sectiene_3.D2. 3.07, 4.02(aJ; 4.02(bJ; and 4.02tcI, City ufi Port St. Lucie Charter, which are attached hereto and by refierenee incorporated herein as-Exhibits A through C. seetion 2. whie Ordinance shall become effective ten L10) days after its final adoption. PASSED AND APPROVED by the City Couneil of the city of Port fit. Luc:-ie, mopiaa, this 139th' day of JULY 7 1.935. ere! COUNCIL cm: or LUCIE aegfiamalfi William B. Mucheeney, Mayer S?n&ra L?qHE?42?ifig"ClerE firs-.--man; - I - Jose Assistant City Attorney BALLOT CHARTER AMENDMENTS REFERENBUM A referendum is called for amendment to Section 3.02, city of Port St. Lucie Charter; establishing the qualifications for the office of city council member or mayor. section 3.02 pre- sently reads as ficllows: Any e1eotor.c? the City, who has resided in the city for at least six (6) months, shell-he eligible to hold the office of city council member or mayor. The council shall be the judge of the election and qualifications of its members ens of the grounds for for>> feiture of their office. A member charged with conduct constituting grouufis for forfeiture ofi his office shall be entitled to a public hearing on demand, and notice o? such hearing shall he published in one or more newspapers of general circulation in the City at least one (1) week in advance of the hearing. and is proposed to be amended to read-as follows: Any elector of the city, who has resided in the city for st lesst_one (1) year. shall be eligible to hold the office of city council member or mayor. The council shall be the judge cf_the' election sud qualifications cf_ite members and-of the grounds fior for- 'feiture of their office." A member charged with conduct constituting grounds for forfeiture of his ofifice shall be entitled to public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the City at least one ill week in advance of the hesriqg._ SECTION ssnz, CITY OF PORT ST. LUCIE CHARTER BE AMENDED T9 PROVIDE FOR A ONE RESIDENCY REQUIREMENT FOR THE OFFICE OF MAYOR DR CITY COUNCIL MEMBER. A BALLOT FOR REFERENDUM A referendum is called for smendment to Section 3.07. City of Port st. Lucie charter, to ellow the city council or its members to make inquiries relating to present or proposed legisla- tion es an exception to the requirement that the council deal solely with the city manager and to delete language from the section in order to clarity the scope of council members' author- ity and limit their interference in city administration. said- section presently reads as follows: Except for the purpose or inquiries and investigations..the council or its members shall deal with the city offiw cars and employees who are subject to the direction and supervision of the manager solely through the'msneger, and neither the council nor its members -shall give orders to any such officer or employee, either publicly or privately. Nothing in the foregoing is_to be oonw strued to prohibit individual members of the council from closely scrutinizing by questions and personal observation, all aspects of city government operation so as to obtain independent information to assist the members in the formulation of scund'policiss to be'considered by the council. It is the express intent of this charter, however, that recommenda- tions for improvement in city government operations by individual council members be.made to nnd'through the city manager, so that the manager may coordinate efforts o?_eIl city do to achieve the greatest passable savings through the most-efiicient and sound menus available. and is proposed to be_anshded to rose as fiollows: Except fior the relating to present or roposed legisla- tion. the council or ts members shall deal with the city orficers and employees who.ere:eubjecthto the direction'snd supervision of the City the City Manager _end neither the_oouncil nor'its members "shall-give orders to any'such officer or employee. either publicly or grivntely. SHALL SECTION 3.07. CITY OF PORT ET. LUCIE CHARTER BE AMENDED TO ALLOW THE CITY COUNCIL OR ITS MEMBERS T0 MAKE INQUIRIES ONLY TO PRESENT DR PRDPOSED LEGISLATION, T0 REQUIRE THE CITY COUNCIL TO DEAL SOLELY.WITH THE CITY HANRGER RED T0 DELETE LANGUAGE FROM THE EECTION IN ORDER TO CLARIFY THE SCOPE OF COUNCIL AUTHORITY. . B. OF one if BALLOT FOE CHARTER AMENDMENTS REFERENDUM A referendum is called for amendments to Section 4.02>-large, or from tnulti-member districts in "great" cities, was included to insurethat the - governing. bodyprovicles "fair representation of all large minorities" and-is "truly representative of-all elements and groups of opinion." The option of using districts was dropped until the sixth edition, but - principle is but-the need' for "geographical" representation oreven more flexible proportional representation under certain'_circumstances is explained; - through 'l941,= the Hare system "of was en'do'rs'ed as the -pre_fe1'red 'way' to elect the council. The current edition-offers five alternatives. The importance of the at-large 1- There is strong support for theiali at-large council alternative in_smaller municipalities and in those cities where assuring fair representation of -minority populations is not an issue.' in cities where" minority representation is enhanced by election from districts, cor1sideration'o1?the alteriiatives for mixed systems, with some council members elected at largeand some by districts, is - It is also re_oo'g1iized that councils elected entirely-from districts 'Freq1.1ently have_been mandated by. the U.S. "Justice Department or by court decisions to assure equitable representation of racial 1'ninoi'ities. Therefore, the 'all--district alternative is included in the article on elections and a special is givento distl'-icting criteria and procedures. The proporti'onal- representation alternative - is continued. 'C_oncern'for representation of minorities and the possibility irnprovernents that will simplify the voting process have renewed interest-' in proportional representation. Whatever the alternative used to determine the coinposition of the council, the wide use of the council-manager plan has emphasized the central importance of the municipal council in local goverrnnent. The basic principle that the executive is appointed by. and responsible to the 'council has meant that particular attention is given to the composition of thecouncil when local charters are under review. Ihgfihdayg. The basic theory of the council-managler plan, which rejects the separation of powers concept with powers. divided between the council and an elected chief-executive, has been ambivalent on the role of the mayor in council~manager cities. Beginning in 1915, the Modal-City Charter provided that the mayor would be chosen by and from the council and would be the presiding officer of the council and head of the city_ for ceremonial purposes and for purposes of military law. No consideration was given to the role of the mayor as a policy leader-.- The 196.4 edition recognized that in practice more than half of the council-manager cities had mayo-rs elected di1'ectl_y by the' voters. A direct election alternative was provided, but the preferencefor election: by council was continued. - -I -- The "1964: commentary on the 'mayor did take notice of the' policy the mayor and, cited the fact that many mayors elected by the' council -- the preferred model had provided dynamic' leadership. One such mayor was Murray Seasongood of Cincinnati. who in the' early. 1960s said, am on record over the years as believing that the mayor should be a person o-f real .- importance in the_counoil-lnanager plan and is as essential to' its proper operation, as is the _'manager..'.. 'The emphasis should 'be ongiving the mayor greater stature than he 'the ordinary council-manager governrnent.." . . - This edition of tlicrnodcl charter ernphasitaes -the need to further-clarify the 'role of the mayor. 'It. specifies certain duties of the non-executive mayor that are entirely consistent .=with.- the -basic concep't of the ccuncil--rnanager plan. The "office is quite different from that of; the 'elected chief executive-in.a system that -separates executive and legislative povvers.- Rather, the_ rnayorjin the - oounci1?1r1anager'form is the chief legislator, the leader of the policy n1alt'.ing team. This mayor can "he a "strong" mayor Who? not having to overcome the- offsetting power of the council or not being- bogged vvith the details cf1nana'ging'the city's s'taff,' cah focus on facilitative leadershipi Tire - - mayor is effective by helping the council and staff perform better. High involvement-by the council . and the inanager and constructive relationships atnong officials are inclicators of 'successfu-l_' leadership by the rn-ay-or. Effectiveness does not .me_an charting an independent-path _-or ta-king over tasks froifri the managerThe new.M0ciel also specifically addresses the of strong political.leadership-and the -. potential for such leadership by the mayor in councihmanager .cities. This is'--based on three premises. First, relationships among Offl0lalS in council_--manager cities are_coo.perative rather than contentious because powers are not divided among officials. Second, this approach.to.1nayoral_ leadership stresses the contributions of all off.icia.ls rather than. focusing on the mayor-as,the driving force in city' governrnent. Third, the potential for mayoral leadership is inherent in the _cc.uncil-- manager form so long as the' office is not actually_~hamstrung by arbitrary' limitations. The mayor occupiehs a strategic location shaped by his or her close relatlonsltips with the council, inanagcr, and individual in the community. The mayor is able tdprornote -comrnunications among officials and with the public. Unusual powers are not needed for leadership and may actually curtail leadership by separating the mayor fijom other officials. Any augmentation of the role of the mayor must not be construed as reducing the power of the council but rather as a way to provide focus and leadership in the development of city policy. Nor should the role of the mayor intrude on the management of the by the manager. The Model presents two alternative methods for choosing the mayor Witltout stating a preference: direct election by the voters and "election by and from the council. Coznmunities are advised to consider the local situation in choosing between the two alternatives, determining which would be most conducive to the development of strong political leadership and effective professional administration. Loo king Ahead' The -latest revision of the' model charter was undertaken with the recognition that most municipalities now operate in aregional context. that makes intergovernmental cooperation a necessity. This understanding llecl members of the revisio.n<> time nature of the position and the empliasis on policyumaking rather than administration. The city should reimburse council members for-expenses incurred in performing their duties, travel to the state capital to testify on behalf of the city. . The Model rejects the setting oflthe actual amount of compensation in the charter except for the -. salary of the first council after the charter goes into effect (see The delay in the effective date of any salary increases provides ample protection'. . . - The city should provide extra compensation for the rnayor because, in additionte regular responsibilities as a council member,_the mayor has intergovernmental, eerernonial, and city-related - prorriotional responsibilities. $ectlon'2.l7l5. Prohibitions. i-folding O'the'r'Offiee. Except where authorized by law, no council ntembenatlall hold any other elected public office during the term for which the member" was elected to the council. No' council member shall hold any other city office or employmentcluring the term for which thernennber was elected tothe council. _No'former council member shall hold any .- cornpenssted appointive office or-ernployment with_the city until' one year after the .- expiration of theterm for which the member was elected to' the council, unless granted a waiver by the Board of Ethics. -- i - ?9mPl9'Ve35- . Nothing in this 'section-shall be construed to prohibit the council front selecting-I-any -cur.rent- - 'or former council member to represent the city on the governing regional or i other intergovernmental agency. (to) and the c__ity"ccuncil nor any of its flnniernbersehallhin control or demalnld th.e 9? remfival of any: vitvr-administratirel officeror employee whom the city' manager or any subordinate "of the --city'-manager is empowered to appoint, butthe council they 'e'xpiess'its views' and fully and freely rliscoss . with the city rnanager anything pertaining to a_ppoinft_ment 'anci'i*emoval of-such officers and Interference with .Aclm'ini'stration. Except for "the purpose of? inquiries, and investigations under 2.09, the council or its members shall deal with city officers and en1ployses'who_are subject-tovtiie tlirection and supervision of the city manager solely through" the city managerganol neither the council'nor'-its members 'shall give' orders to any 'such officer oremployee, either publicly or privately.- This provision prohibits council members from concurrently holding other elective office; such as state legislator, as o_ccurs in some states. Also prohibited is holding any other city ofiice or employment during one's council term or for one year afterleaving office. These provisions are designed to avoid conflict of interest situations. The charter is specific, however, that these prohibitions do not restrict any current or former offioeholder from service on the boards of regional or other intergovernmental agencies Such service is particularly valuable in accomplishing the objectives of intergovernmental cooperation. . and The prohibition against interference' by council members in the appointment and removal of employees and in the administration of city programs does not include the broa.d language of earlier editions of the Model because it was considered too rigid and unrealistic. This provision, while expressing the general policy of noninterference, does not exclude comiriunication between council members and the manager on questions of appointment and=rernoval. The manager may seek. advice from the council regarding appointments. Council members are strictly prohibited from giving drders'to city officers or employees. However,- the prohibition against interferencewith administration does not prevent council members from . melting in'qni.ries of department heads or employees for the purpose of obtaining inforination needed by theniin the. discharge of their "duties including response to constituent Information. provide to one council member should be sharcd'with--the. entire council as council'_ should define the pararneters for such requests and establish reasonable boundaries. In- some cities, automated information systems make information' on -aspects of 'dep_artmc_ntal operations readily available to council members on co.rnputerter'rnina1s. - . -Section 2.06. Vacancies; Fo'r'feiture of Office; Filling of Vacancies." - I by. |avv._ Vacancies. Theoflioo of a council become.v_acant 'upon, the _me_r_nber's d_eath,_ resig_na1ion_, or _re_m_o_v_al from office or 'forfe_itu're of office in Forfeiture 'of shall forfeit"tha't'office if the cot-lnci.l member: I i (1) Fails-to meet the residency requirements, I . violates any this charter,- (3) is convicted of acrime involving mora|'tu'rpitu'de, or . I Fails" to attend three consecutive regular meetings of' the council yvithout being excused by the council.. 7 {cl Filling. of-Vacancies. A the city council shall be the remalinder of. the unexpired term, if. any, at the-next regular election following not ,less. than sixty days upon the occurrence of the vacancy, but the council by a.rnajor_it_y vote of all its remaining members shallappcint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the council fails to do so within thirty days following the occurrence of the vacancy, the election authorities shall call a I V631 If . -.. - W-. - Charter Review Committee ~10; . ;i?Zs26%fia "The position oi.Viee~Mayor shall be rotated annually in district sequence." Roll call vote was as follows: 'a Mr. Loveridge Yes Mr. Alexander Yes Mr. Zemsky Yes Mr. Rousso Yes Mr. Murphy Yes Mr. Graeser - Yes .. section, and he questions whether this was intended when the Charter.was orginally written. He advised that the City hires a City Manager to run the City,'and if the Council does not believe in him or allow him to run the City, "then he should be fired and another one hired. He said that.this oo-- management of the City is not doing the people, the Council or the City Manager any good. Mr. Zemsky said he believes this is a matter of personalities; it is human_nature_and oannot he stopped_by.legisa 1ationpointefl at i shou1d.he limited to this, because there has been many things done under the authority of this section that was never intended. Mr. Loveridge-said he personally finds the present wording fairly clear; however, some'peop1e have overstepped their bounds'nnder this authority. 1 'l . "Mr. Graeser.fsferred to the io1lowing.eentence, "nothing in the fore- to members Council from_o1ose1y scrutinizing by~questions and_personaI observation, all aspects of city-government operations so as_to ohtain_inoependent' information to assist the-membersTin-thewformulation of sound policies to be oonsidered.hy the Council." He noted that this sentence oaused a problem because one his authority to eon? -duct a witoh~hnnt.. Mr. Zemsky said he was of the understanding that the Councilmen are supposed to_go through the City Manager and not to the individual department heads. the thorn-in the side-of the investigation in question, by stating at'e Council meeting that he thonght.it was an illegal operation. Furtherw moist he said he-didn't believe a Councilman has the,tight to subpoena individuals ans records and as'a result he asked for a ru1ing'from the City Attorney. He advised that the_City attorney informeo that a Councilman does not have the authority to subpoena or conduct an ihe dependent investigation. .At that time. the_Counoi1 as a whole, agreed .to investigate the matter-and this substantiated what had already gone one-for two or three weeks. He explained that this is_the sentence which led this man to believe he had.the authority to do what he did. Mr. line of the section which reads: "Except for the purpose of inquiries and investigations, the Council or its members shall deal with the City officers and_emp1oyees who are :sa=ssfi?E I Mr. Murphy pointed out that the "Iv '3 I :1 xi' Charter Review Committee h--flF 3.-. .J.. subject to the direction and supervision of the manager,.so1ely through He said that as legieleters, the Council has the right to make any kind of inquiryimey want, in order to help them legislate. He said that the Council went further than that, by use of the word "investigation." Mr. Zemeky suggested the wording be, "except for the purpose of inquiries to legislate." he need and the word "investi~ gate" should be'removed. -4-. {Ln hi": this section wordy and if each member comments on the-matter at this meeting, they may possibly he.here till December. He recommended each member reduce his thoughts to writing and present them.at the next meeting for discussion. 'This wi1l_also allow everyone to study the situation and determine what they believe is proper. The Committee agreed with the suggestion. Mr. Alexander advised that the eeotion should be less wordy; the same thing oan be said and understood using half the words. Mr..Graesei said that Mr. Murphy's suggestion should be expanded to include-any situation. . '_In moving on eith Section 3.08 (Holding Zemsky Mr. Loveridge referred to .employment as a position on_a 'Mr. Alexander maintained that_there should be a one year limitation ;eaid_if eomeohe,ie'thet'good; said he_believes this is selfeexp1enatoTy'dnd Mr. Loveridge agreed. Mr. Alexander referred to the'eentenoe: -"No person ehell hold any compensated appointive and euggested.thie be changed to shall hold any compensated sppointed city" . Mr. Loveridge'indioated that-this will-be.hard-to explain to the voters we leeve~well enough alone. Mr..Alexawder.referred to the_feot that Bay Neighbours was eppointed_ to the Code_Ehforoement Board right'after he was defeated, and now he_ is serving on this Board. Mr. Zemsky pointed out that this is_not heard or committee is not compensated. after sdmeone.has held an eleoted present oharter, _position. even if they the Ray Neighhours is perfectly legal because he iefnot. 'Mr. Loyeridge said that it seems periectly aooept~ able if office, se's member of a boardzor oommittee_ Mr. Zemsky pointed out that someone_oould'he'defeated -running ior the Gohnoil, but he cou1d~still.be the better man and the City would benefit pyjhaving his expertise as a member He disegreed_with the one year restriction in this regard. -Mrighlexender then'the City should give him a put him on theipayroll; Mr. said that this would not.be.pep~ mitted until one'year after he has held an elected oflfioe._ Mr. Eemeky' this section as it currently reads, the Committee agreed and Mr. Alexander withdrew his reoommenddtion.. -Section of 0fiice,_end Filling of Vacancies)-and noted that this area is also rather oomplioeted. He noted-that since we have ohanged the term of office from two to four whether the eix month period is.too short and whether a one year period would be.better. Mr. eaid_that he worked with this-section and agreed it is di?iioult.i Mr. Murphy suggested the section be left as is, unless there ie.e good teeson to ohange it. Mr. Loveridge pointed out that -Mr. Rofiseo read-his far this section as follows: . I CITY OF gfi CHARTER fl'mv% gt A regular meeting of the Charter Review Committee of the City of Port St. Lucie was called to order by.Cheirmen Loveridge at 2:00 p. on Tueeday, August 9, 1983, City Hell Conference Room, City Hall Plaza, Corner ef Airoeo and Port St. Lucie Boulevards; Port St. Lucie, Florida. _noLL egg; Mel Leveridge, Chairmen Ceeta Viee~Chairman Frank Alexander Robert Murphy Cal Joseph Zemsky Committee Members Present} Committee Member Absene: .Rey Neighbours Barbara-Metthewe, Deputy City Clerk The News Tribune Palm-Beach Poet APPROVAL OF MINUTES FROM fieewlme HELD JULY 26, 1ee3.l Mr. Merphy refereed fie the on ?egeW14 and eeted thet.e 'the word "she" ehould_be "he" end'the abbreviation "Mrs." sheuld be de1eted,e There being no other-changes, the-minutes we?e=apprevedjee amended. -- . - - eofielNUEbiDlecUesIoN'eF ARTICLE AND Mr>> (Interference-with Administration) is very lefig and ambiguous; He recommended it be Eimplified-so that the_averege laymen gen understand the fellewing written _fiCeunci1membersy'fer the sale purpese-ef3legieleting,' may ifiquire_ahout any city Gfficer may do<>e1eotor of the City and must reside in_the City for at leaet two] "he eipanded). -getting kicked out of office and in his Opinion, this is what forfeit~ -at the last meetingsuggested that the reference to 9.05 be left end it can he later changed when that section is reviewed if Mr. Alexander moved that Section 3.07 be amended to read as follower "Except for the purpose of inquires relating to present or.propoeed legielation, the oounoil or ite members shall deal with the city officers and employees who are subject' to the direction and supervision of the City Manager, solely through the City Manager; and neither the Council nor its members shall give order to any euoh officer or employee,. either publicly or privately." Mr. Zemehy eeoonded the motion. Roll call vote was ae fol1oWe:. Loveridge Mr. Yee Mr. Alexander Yea Mr. Zemeky Yee Mr. Roueso Yee Mr. Murphy Yee Mr. Yes Section 3.08 -- Holding Other.Qffioe .-- I No ohengee were made to this Section 3.09 Vacancies; Forfeiture of Oifiee; Filling of Vecanoiee-. in reviewing the other charters. Mr. Loveridee informed thet the City 'of'Lergo is the same as our Charter, except we have added the phrase "or_forfeiture of hie office."' In addition, other charters provide criteria for forfeiture of office that we go not have. These ere.ee follows: 1) Leeks at any time during the term of .2) violates any express prohibition of the' Charter.- 3) Is cenvieted'of orime'involving moral Fails to attend three ooneeoutive Council meetings without being exn cueefl by the Gounoila. He -add other_elements to the existing section that would of offioe;" Mr. Zemeky noted that the present wording,-VA Counoilmemher ehall forfeit his office if he 1eoke.et'any time-during his term'of office-any qualification for the office-preehribed by this charter or . Mr. pointed out that-the e-Councilman must be an .yeare (formerly six months before the Committee recommended thieCtime Mr; Zemeky noted.that there is no quelification'for ore of office meane. Mr. Alexander agreed and recalled mentioning this Mr. Zemeky euggeeted_thie Charter section include the points of forfeiture, rather than simply indicating the words "by law." Mr; Alexander eeid he believes this ie the code of conduct as eet forth by the Florida Statutes; if Councilmen is convicted of a felony, he is automatically thrown out of office. Mr. Zemehy eeid - that_thie'ehouldIbe_eteted as well-ee other instances euch ee if a Councilman moves out of his district or out of the Qity. I in as a COUNSEL woeesnop neerine MINUTES JULY 7, 1986 Mocheeney that these corrections be made and that the ordinenoe be eoheduled for vote at the next regular council meeting. Further oonsideration of Charter-ehangee'- Ordinance 86-62: a. Charter Section 3.07 A Interference with Administration b. Charter Seotion 4.02 Appointment (City Manager) ,fiemove1 Compensation 3.02 -- Qualifications (City Council) Mr. Mel Loveridge, Chairman of the Charter Review Committee, submitted a memo dated June 26, 1986 which contained the Committee*e recommendations on 'H1e ballot language included in the proposed ordinance 86:62. SEE ATTACHED MEMO. The Committee was otrongly reeommending, providing the language was legally the submitted revised language be_pleoed on the ballot for the General Eleotion;_ Councilmen Alenender-wee of the opinion that a negative attitude wee being planed-on seetion He felt that this would be confusing for the intention of 3.07 wee that the-City Counoil*s authority extends only to legislation end any inquiniee to.formulete legislation go through_the City Manager. *VioeeMayor'Reeb stated that the proposed lenguege in ordinanoe 86-62 was better-language and right to'the_point. -Mr. Loveridge remarked that the Committee had not agreed with'the proposed language in section 3.07 and felt that it ehould he_ modifiedneomenhat. VioeeMayor_Reeh queetioned if neetion 3.07 an euhmitted by the' Gharter.Review Committee would.allow Counoil membere.to make inquiries from City'Staff without the approvel'of the City Manager. . Mr. Loveridge replied yes in making inquiries not in policy but in propooed or exieting legisletion.. I VioemMeyor Boob had a problem with thin proponol anfi oid_not feel that the Eity Manager ehould he bywpasned in any eitnetion. *Couneilmen felt that the ieenee were being oonfueed. The policy of going to the City Manager was not wrong in.eny inetanoe out the legislative authority etill reetgwith this Council. whether the City Manager agreed with'it or not'the Council etill had the final authority in matters of legislation." The purpose of the proposed language was for making inquiries to <>Wmm . wouw mafl EL mfimm. Egg". Mwfi..w.._m E- mum M. M. wow mafia 03' Oomfiafl . mww. om mam fiwomn . . . ., 5 ma wofin mw.w%a mi ., . . wow>> ma Wwamw EL Jflniul RECEWED JAN 1 5 2013 Office .3 .3 . I, vh Maryfilnn Verillo From: Yvette Cruz Sent: Wednesday. January 16, 2013 11:01 AM To: iViaryAnn Verillo Cc: Bonnie Cruz Subject: Cancel - one on ones with GM Ron Per Ron. please cancel all morning meetings with Ron and Greg until further notice. Yvette Cruz City of PSI. City Coumcil Sec:1*ei:a1*y 772-871-5159 Email: Web: TEAM Part 51'. Lu?ie MaryAnn Verillo From} Yvette Cruz - . Sent: Thursday, January 17, 20i3 4:84 PM To: MaryAnn Cc: Bonniecruz - Subject: Tentative Coffee Special Edition Planning Meeting Jar1,<<2 nd @;;3i'3'fn'rn Attachments: Coffee Speciai Maryann - CM Bowen is requesting a planning meeting with Dan Kleman. Ed C, Mayor and St. Lucie Chamber, Linda. Cox: will be invited. Let na?icxio?v avian ban 'responded -ih?m?eiifig $3155 topie mi 2//X/is City Council Secretary Web? o'f sl'.E6fii 7'72-871-5159 - - Q) LI (flax fw>> ed athri oh 7i' cwmeiiwte my 4641 Wffizi? From: Sandra Steele Sent: Tuesday, January 22, 2013 8:43 AM To: John Bolduc; William Vega; Richard DelToro Cc: Judith Kenworthy Subject: FW: Rosser Rd. Closing Importance: High . .. >4 .4. From: Yvette Cruz Sent: Tuesday, January 22, 2013 8:42 AM To: Sandra Steele; Judith.Kenworthy Subject: Rosser Rd. Closing Importance: High Sandy - please provide me with documents that explain 1) why Rosser Rd. was closed 2) History of the Bldg. 3) the Cost of closing and any other fees that city is incurring due to the c|oser4) Bolduds closing Rpt. Any chance you can get this to me within next Yvette Cruz City of PS1. City Council Secretary 772-871-5159 Email: Web: wwm.cigofps1.com TEAM Port Lucie March 9, 2013 Dear Mayor City Council: It has been a. year since the City Council appointed me City Manager, first as acting and then pursuant to contract. As you may recall, this latest assignment follows my initial hire date with the City of February 11, 2002, and my return to the City as Assistant City Manager on January 30, 2007. Over this time and even before I first applied, I fell in love with the City of Port St. Lucie for all that it was, but, perhaps to an even greater extent, for all that it could become. Today, I am more convinced than ever that the potential of the City of Port St. Lucie is limitless and that there are no permanent fundamental constraints to keep our City and our organization from fulfilling its great promise. I am grateful for having the honor of serving you and our citizens and leading a team of impressive employees in such an environment, where hope lives and the sky is the limit.- Of course, in a. place where the sky is the limit and the potential is vast, I have come to realize that the journey from potential to fulfillment is equally vast and fraught with trials and tribulations that cannot be fully appreciated until they are experienced firsthand. This realization has recently dovetailed with the thoughts and feelings I shared in my letter of December 21 to important conclusions in my mind. Not only will the City's journey be a never ending pursuit, which, as with life, is to be expected; but, unexpectedly to me, I now believe it is more likely than not that a critical leg of the City's journey, the one in which the organization becomes a cohesive team dedicated to achieving its vision, high performance and positive outcomes for the citizens above all else, where it malces the leap from good to great, Will talce longer than the duration of my Employment Agreement. Moreover, given my commitment to helping you complete this critical leg in the journey, I feel compelled to inform you that I will not be seeking a renewal of my Employment Agreement upon its conclusion .in March 2014. The reason for this advance notice is to provide the current City Council with the opportunity to unite in selecting the next City Manager and to provide you with a seamless transition' through a selection process which can be very challenging and time consuming. I am very proud of What our Team has accomplished in such a short period of time, especially the creation of Team Port St. Lucie; the implementation of difficult but necessary administrative reorganizations Which saved. taxpayer money and increased services to our customers; the preparation of a responsible budget which lowered taxes, improved services and Worked to safeguard the future in one of the most challenging economic environments conceivable; improved employee-employer relations and successful collective bargaining sessions; the completion of the Eastern Watershed Improvement Project; the inroads we have made on the Crosstown Bridge; the Saints Golf Course becoming self sufficient; completion of the Fairgreen Road Extension Project; the streamlining of the permitting process and the housing of all permitting functions Building the purchase of the McCarty Ranch Property; and the additions of eff Brenner as our Assistant City Manager, Dan Kleman as our Special Assistant to the City Manager and John Bolduc as our Police Chief. I am equally excited about What I expect us to accomplish over the remainder of my tenure, which includes in no particular order: receiving the Record of Decision on Crosstown; finding a way for Tradition Studies to live up to our expectations; a proposal to significantly improve our Recycling Program; full implementation of the Energy Performance Contract with Honeywell; a plan for the investment in the Biltrnore/Macedo Light Industrial District; the consideration of a Vacant Property Maintenance Ordinance; an update to our Impact Fees; the completion of this round of negotiations on the Southwest Annexation Area Development Orders; the opening of Bark Park; the opening of Bass Pro Shops; a plan for a skate/extreme sports park; a resolution to the challenge of sober homes; the implementation of utility billing software; the completion of our transition to radio read utility meters; the opening of Boat Ramp Park and intersection improvements at Floresta and Southbencl; the completion of the St. Lucie West Boulevard Repaving Project; finding a way to address the little things--like Holiday numerous administrative initiatives, such as the creation of an intern program; and the list goes on. As I close this letter, I find it necessary to acknowledge the elephant in the'room-wl1y . would I ever want to leave the City I love with all of its potential and all of our progress'? In response, please know that my heart will never leave the City or my team, and I will always be here to serve in some capacity; however, in 2014, I intend to dedicate myself to a full time Master of Public Policy or Public Administration program prior to my 40th birthday. My career with the City has inspired me to learn more and to also make the time to pursue other lifelong goals. One of the many lessons I have learned well at the City is you only live once! Thank you for the experience of a lifetime and the motivation to do more. I look fo1'Ward to our City's future. - Respectfully yours; Gregory J. Oravec City Manager Greg Oravec From: Greg Oraveo Sent: Wednesday, January 23, 2013 8:22 PM To: Ron Bowen Cc: Yvette Cruz; Mary/Ann Subject: Update on Economic Development lseue Councilmen Bowen, I am sorry that I just interrupted your dinner with my phone call. I was calling you to provide an update on an economic development related issue. it is something I think you will find interesting, but it is not an emergency. i look forward to providing you with an update at your convenience. Thank you, Greg Gregory J. Oravec City Manager 121 SW Port St. Lucie Boulevard Port St. Lucie, FL 34984 (772) 3444371 (772) 871-5248 [faxPEJFAE DEPMA TED T9 THE SEWER Greg Oravec I From: Greg Oraveo Sent: Thursday, January 24, 2013 8:38 AM To: Ron Bowen Cc: |\/iaryAnn Yvette Cruz; Bonnie Cruz Subject: Article: Foreigners Treasure Coast real estate Councilman Bowen, Thank you for the article. Is this an area of opportunity for the City that you would like to realize? interestingly, my recent phone call to you was on a related theme. I look forward to further communicating with you at your convenience. Thank you, Greg Gregory J. Oraveo City Manager 121 SW Port St. Lucie Boulevard Port St. Lucie, FL 34984 (772) 344-4371 (772) 871 ~524e [fax] A 67F TF9 ONE PLAQE Memorandum COUNCILMAN RON BOWEN FROM: GREGORY J. ORAVEC, CITY MANAGER SUBJECT: EMPLOYMENT AGREEMENT, RESUME AND ECONOMIC DEVELOPMENT MANAGER UPDATE DATE: JANUARY 29, 2013 This memorandum serves to formally respond to your request concerning the subject, which was made to Mrs. Verillo this morning. Attached, please find my employment agreement 'and on-file resume. As to an update on the Economic Development Manager, I would greatly appreciate the opportunity to provide you with a Verbal update, as Ihave provided other inernbers of the City_Counci1, as part of a broader discussion of important City business. I would find it Very helpful to personally interact with you not only on this issue, but the many other issues facing the City, to hear your thoughts and to seek your input as part of a productive professional working relationship. There may be cases Where issues lend themselves to informal discussions prior to formal correspondence, and I believe the requested update may be one of those cases. However, in the end, I want to provide you with exactly what you Want. Accordingly, if a personal meeting on this matter is not possible, please let me know, and I will transmit a written update. Thank you. Attach. c: Mayor 82; City Council Roger G. Orr, City Attorney .I eff Bremer, Assistant City Manager [We Attach] Dan Kleman, Special Assistant to the City Manager [W/o Attach] MEMORANDUM TO: Gregory J. Oravec, City Manager FROM: Ron Bowen, Couneilmemb DATE: - January 31, 2013 - SUBJECT: Economic Development Manager Update I received your memorandum on January Unfortunately, you provided me with only 2/3 of the information that I requested. Your agreement and resume were merely copied and forwarded to me. The information regarding the Economic Development Manager was not provided for some unknown reason. I will not accept a verbal update as you suggested. Let that as a prit1eip1.ed person, ho.th_.personally and professionally, I shun one--on-one contact with people I do not respect or trust. I reiuse to engage people that Irperceive as intimidating, controlling, (niioro-managing) and pose a "my way or the highway" attitude. And finally, as aforrner Marine, I abhor cowards. A coward is a person who makes a mistake, doesn't admit it, blames their spouse and has their spouse apologize for something they didn't cause. That said, please use thisimemo as my formal request to put the topic of Economic Development Director on the agenda for the February 11*" City Council meeting. I am requesting that the baek--up material include but not be limited to the following: 0 Dates the position was advertised along with the closing date for applying? I Where was it advertised monster.com, ICMA publications, local media? 0 What was the response e. g. number of applications? 0 How many qualified candidates were considered? How many qualified candidates were interviewed and dates the interviews took place? < Device Name: Not Set Device Model: MK-ZBOON Location: Not Set File Format: PDF (Medium) Resolution: 200dpi 200dpi Attached file is scanned image in PDF format. Use Acrobat(R)Reader or Adobe(R)Reader(TM) of Adobe Systems Incorporated to view the document. Aorobat(R)Reader or can be downloaded from the following URL: Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader are registered trademarks or trademarks of Adobe Systems Incorporated in the United States and other countries. 20130131 Memorandum TO: MAYOR CITY COUNCIL FROM: GREGORY I . ORAVEC, CITY MANAGER SUBJECT: ECONOMIC DEVELOPMENT MANAGER UPDATE DATE: FEBRUARY 4, 2013 At the request of Councilman Bowen, this item is being placed on the City Council Meeting Agenda of February 11 as new business. In short, please be advised that we have had three promising candidates to date. Unfortunately, we have not been able to complete the hiring process yet, as described below in chronological order: 0 Dennis Holste, J12, was presented with a conditional offer of employment following his personal interview date of November 16, 2012, which he did not accept because he was unwilling to live within the City of Port St. Lucie. - 0 Rebecca Miller Sprafka was presented with a conditional offer of employment following her personal interview date of December 17, 2012, which she did not accept. She had communicated some unsettling reasons for not accepting our offer of employment to both Daniel Kleman, Special Assistant to the City Manager, and Susan Williams, Human Resources Director. As a result, I contacted her at approximately 10:30 a.m. on January 14, 2013, to learn more. She advised me that the evening before she was to fill out her paperwork with Human Resources, she was contacted by a male, who she would not identify, who told her that "4 out of 5 commissioners were gunning Greg [me] down and trying to do it in a way that wasn't in the public record". Mrs. Williams shared with me that in the conversations she had with Mrs. Spraflca, Mrs. Sprafka stated that the male was not a Councilperson but was "high up enough the food chain to know". 0 The interview team had the best interview yet with a candidate on Thursday, January 31, and was hoping to come to terms with the candidate. Unfortunately, on February 2, 2013, the candidate and I had a conversation in which he requested some time to consider it further and, basically, to wait and see because he had been informed by people in the community that there was political instability at the City and he wanted to make sure that I was going to be here or at least to know for whom he would work. In addition to the above information, I would like to ensure that you are provided with direct responses-to the requests outlined in Councilman Bowen's memorandum of January 31, 2013, Corrected Copy, which are excerpted below: back-up material include but not be limited to the following: Dates the position was advertised along with the closing date for applying? Where was it advertised e.g. monster.co1n, ICMA publications, local media? What was the response e. g. number of applications? How many qualified candidates were considered? How many qualified candidates were interviewed and dates the interviews took place? How many made it th[r]ough [t]he interviews? And the number of candidate on your short list? Three, four, five? 0 Of "the number short listed, how many were offered the position? What was [were] the results? In response, please find the following: The Human Resources Department (HR) reports that the position was advertised August 27 through October 10. It closed on October 10. HR advertised the position on the City's website, City job board, Workforce Solutions, Florida League of Cities, Florida City and County Management Association (F CCMA), Florida Public HR Assocaition, St. Lucie Chamber of Commerce, Florida Redevelopment Association and the Economic Development Council of St. Lucie County. There were 29 applications. Ten were considered qualified. According to my records, seven phone interviews were conducted from the original applicant pool on November 15. The interview team throughout this entire process has been comprised of Jeff Bremer, Assistant City Manager, Mr. Kleman, Mrs. Williams and me. Following the phone interviews, two personal interviews were held on November 16. At the conclusion of the personal interviews, it was clear that Dennis Holste, Jr., was the best applicant for the position. We discussed terms with Mr. Hoste. Unfortunately, he could not comply with the contractual condition that he be a resident of Port St. Lucie. As a result, he was not hired. Over the next two weeks, we re-reviewed the applications in order to determine if we had missed a promising candidate, especially one that might be able to grow into the position. We conducted an interview on November 30 with such a candidate, but the candidate was not the right fit. Prior to re~advertising the position, I contemplated if I had met any local talent who could be recruited. One person came to mind--Rebecca Miller Sprafka. The team interviewed Mrs. Sprafl