North Bay Village Charter Amendments

UPDATE 10/24:  I've uploaded a sample ballot for North Bay Village at Scribd.Com.  Click here to retrieve

Mario Garcia did such a good job at his new blog with the Charter Amendments that I'm embarrassed by my own sloth in not putting anything up.  

First check out Mario's take at his blog Mario for North Bay Village

Then check out another blog, written by screen name Robot Bhandari (coolest screen name in the bay) on the elections in general and North Bay Village in particular.  

Here's Robot Bhandari  Scroll down for NBV.   

Go ahead.  I'll wait.   These are worth reading.  

Okay, so my take is not surprisingly different.  We have  twenty one (21) amendments to vote and it's not clear why many of them are there.  We are required to do a periodic  review of the our charter and each time, people try to sneak in their pet peeves.  But it's important to remember that the Charter is our statement of what we consider to be our guiding principles of governance, not the place to put something that annoyed you last week.  That why we have a commission and elections.  

So having said that, here's what I think.  To make it simpler, I added sequence numbers which the Department of Elections and the City should totally do.   These are in the order they appear on the ballot: 

Technical Note:  I can't figure out how to resize the text but if you need to see the table larger, hold down the CTRL - Key and tap the plus (+) key to increase font size.  You can do this several times until you get the size you like.  Apple has a similar function with the "Apple" key and the plus (+) key. 

Sequence	Text	My Take
1- No	Changing official name of the city to North Bay Village The City Charter currently provides that the official name of the city is the "City of North Bay Village." Shall the Charter be amended to delete the references to the "City of" and officially name the city "North Bay Village" and to further change all references in the Charter and the Code from "City" to "Village?"	This is an aspirational amendment. The idea of a “village” is of a bucolic, self contained gathering. We are not a village. We are a city, the most densely populated one in Florida and the 13th most dense city in the United States. Our issues and environment are urban and require a realistic sensibility. It's a trivial change but I don't like it.
2 – Yes	Corporate Limits of the CityThe City Charter currently provides that the jurisdiction shall now and “from time to time hereafter” fall within the city's specified boundaries. Shall the Charter be amended to replace “time to time hereafter” to “in the future.?”	This is a simple clarification of language to remove confusion but keep ambiguity in the charter.
3 – Yes	Appointment and removal of City Clerk The City Charter currently provides for the position of a City Clerk and further provides that the City Clerk shall be appointed and removed by the City Commission. Shall the Charter be corrected for consistency to specify that under the City Commission's powers that appointment, retention or removal of the City Clerk falls within the purview of the City Commission?	This is already the case and it fixes an oversight in previous charter amendments.
4 - Yes	Limitations on acquisition of real property and capital improvement projects The City Charter currently limits the acquisition of real property or expenditures for capital improvement projects to 20 percent of the "annual fiscal budget" or "annual budget" of the City without a referendum. Shall the Charter be amended to specify that the 20 percent spending limitation for acquisition of real property or capital improvement projects be based upon the City's current annual "total operating budget?"	This matters. Now the city can include other capital budgets and outside revenues in deciding the 20%. A guideline of 20% of the operating budget is much more realistic.
5 – No	Reduction of Mayor and City Commissioners compensation The City Charter currently authorizes an annual adjustment to the Mayor and City Commissioners compensation based upon the Consumer Price Index. Shall the Charter be amended to delete the annual Consumer Price Index adjustment and freeze the Mayor's compensation at $7,800.00 and the Commissioners compensation at $6,300.00 starting with the officials elected in the November 2012 election?	The idea is noble, that service should be voluntary and an honor. It's hard to disagree with that. But we ask a lot of our commissioners and the current system in the past has encouraged people who are looking to capitalize on influence rather than dedication. I would much prefer a system that would review the salaries every two years and put them before the voters. But it will probably pass.
6 – Yes (and No)	Two year prohibition on paid employment of City Commissioners post term The City Charter currently prohibits sitting City Commissioners from serving in a paid City position during their term of office. Shall the Charter be amended to prohibit a Mayor or Commissioner from serving in a paid City position for 2 years after the date of expiration of their term?	This should be called the “Joe Geller” amendment. In that case, former mayor Joe Geller was hired as city attorney immediately following his tenure as mayor. I do not believe that service to the city should be an employment disqualifier. The commission should decide if the candidate is the best for the job as they did with Joe Geller. Some didn't like that but it was addressed politically, as it should be. But the danger of outsize influence during service toward post-service employment is high and current best practice in the federal government is to have this policy. I will probably vote yes.
7 – Yes	Outside employment by the City Manager Shall the Charter be amended to include a requirement that outside employment by the City Manager shall be approved by the City Commission prior to commencement?	Yes. We could call this the “Charity Good” amendment. She was the city manager, full time, who was also full time in another city. It didn't work. This allows the commission to decide if the employment is reasonable and not in conflict with the main job, which means that some employment could be allowed and even useful.
8 – Yes	Expanding existing anti nepotism policy The City Charter currently prohibits employment of relatives of elected or appointed city officials (department heads and up) related up to the second degree of consanguinity (related by blood). Shall the Charter be amended to expand the existing anti nepotism policy to include a prohibition of the employment of relatives of elected or appointed city officials (department heads and up) up to the second degree of affinity (related by marriage)?	Yes. This is a simple language cleanup to clarify neopotism.
9 – Yes	Filling of Vacancies on the Commission pertaining to Interim Vice Mayor The City Charter currently provides that an interim Mayor and Vice Mayor shall serve until the newly elected or appointed Mayor or Vice Mayor is sworn into office. Shall the Charter be amended to clarify that the word "interim" also applies to the position of the Vice Mayor as well as the Mayor?	Yes. This means that the Vice Mayor only serves until a commission is reconstituted when there are vacancies. The newly formed commission then votes on the position. It's appropriate.
10 – Yes	Clarification of procedures for filling of Commission vacancy and extraordinary vacancy The City Charter currently provides that the filling of a vacancy for City Commission shall be pursuant to the procedures "set forth above." Shall the Charter be amended to provide that the procedures for filling of a vacancy are those specified in the Charter, and that for the filling of an extraordinary vacancy, the Commission shall call a special election in the same manner as set forth for filling a Commission vacancy?	Yes. A simple clarification of the election procedures to make them easier to understand.
11 – No	Procedure for adoption of emergency ordinances The City Charter currently provides for an emergency ordinance to be adopted by at least three affirmative votes. Shall the Charter be amended to provide that an emergency ordinance shall be adopted by at least four affirmative votes consistent with state law?	Emergcency Ordinances were widely abused two commissions ago. This procedure exists for when there is a clear danger that delayed action will harm the city and should only be used that way. By requiring 4 rather than a majority of commissioners, this means that if at least 4 commissioners cannot be present, which is entirely imaginable in the case of a natural or security disaster, the commission is handcuffed. It's too risky.
12 – Yes	Procedures for adoption of ordinances and resolutions The City Charter currently provides for the submission of all written information for proposed ordinances or resolutions within 48 hours of a City Commission meeting. Shall the Charter be amended to require the submission of all written information on proposed ordinances or resolutions 3 business days prior to the City Commission meeting?	Yes. This is an imperfect solution. I would have preferred additional language allowing the commission to make an exception by majority vote. But legislation is complex and the commission and citizens need time to study the legislation prior to adoption.
13 – No	Increase Residency Requirements for Mayor and Commissioners from six months to one year The City Charter currently requires a six month City residency for a candidate for the office of Mayor and Commissioner-at-large and a six month residency on their particular island for a candidate for the Harbor Island, North Bay Island and Treasure Island Commissioner seats. Shall the Charter be amended to increase the residency requirement from six months to one year for candidates for the office of the Mayor and all Commission seats?	In fact, HELL NO. This is the antithesis of democracy. Six months has adequately served for many years. If shorter residency is a problem, let the voters decide if that's an issue. This amendment takes clear aim at the “new people”, the condo buyers, the “others” who have moved into the city. It's offensive and it should be sent packing.
14 – Yes	Nomination for office of Commissioners and Mayor by petition The City Charter currently provides that a candidate for office of Commissioner or Mayor may qualify for candidacy by petition. Shall the Charter be amended to specify that the petition shall be in a form provided by the City Clerk?	Yes. In stark contrast to the nonsense above, this actually smooths the election process and makes it clearer and easier for candidates to file with a certified and understood petition.
15 – No	Increase of filing fee for candidates for office of Commissioner and Mayor The City Charter currently provides for a filing fee of $100.00 for a candidate for the office of Commissioner or Mayor. Shall the Charter be amended to increase the filing fee to $250.00 for the office of the Mayor and all Commissioners?	No. This should be called the “WTF – Are you kidding me?” amendment. The cost to process a candidate filing is probably more than $100 and less than $250. Raising the cost to file is a snide, trivial barrier to entry, not what the city should be encouraging.
16 – No	City employees soliciting votes or engaging in political activity while off duty The City Charter currently prohibits City employees from soliciting votes or engaging in political activity while on duty. Shall the Charter be amended to prohibit a City employee while off duty from soliciting votes or engaging in political activity while wearing a City uniform or identification or using his or her official authority or influence for the purpose of interfering with an election or a nomination of office or coercing or influencing another person's vote?	No. Many of our city employees live in NBV. They are constitutionally protected in their free speech rights, while we are protected from coercion by them. With this change, a neighbor employed by the city could be fired or disciplined (the penalties are unclear) for simply supporting a candidate. This is badly written, constitutionally ambiguous and opens the city for further lawsuits.
17 – Yes	Notice of final budget meeting The City Charter currently provides that if the budget includes a tax increase, the City shall endeavor to send a notice of the date of the final budget meeting to each property owner and to those who submit a request for the notice. Shall the Charter be amended to delete this requirement as state law requires the County to provide the same information to each property owner in the TRIM (Truth in Millage) notice? Aviso de la última reunión de presupuesto	Yes. The County already provides this service and there is no need for NBV to duplicate that effort. The current system is wasted money and time.
18 – Yes	Bonds of officers and employees The City Charter currently requires the posting of a surety bond for officers or employees of the City, but does not specify which positions are subject to this requirement. Shall the Charter be amended to specify that any officers or employees who have check signing authority or access to City accounts shall post a bond?	Yes. This clears up an oversight in the original Charter and reduces the city's exposure to liability while not changing any current policty.
19 – Yes	Oath of office/employment The City Charter currently requires every officer and employee to take an oath of office. Shall the Charter be amended to include in the oath of office that the officer or employee is a legal resident of the State of Florida and will obey the laws of the United States, the State of Florida and observe the provisions of the Charter and Ordinances of the City?	Yes. We should include the Charter in the oath of office.
20 – No	Review of zoning regulations, zoning district maps, and comprehensive master plan Shall the Charter be amended to include a requirement that the Planning and Zoning Board continuously review the City's zoning regulations, comprehensive master plan and zoning district maps and offer recommendations to the City Commission at maximum intervals of five years commencing in 2013?	No. The review is needed and should be ongoing. But the Planning & Zoning Board should not be the exclusive owner of the process. The commission should appoint a board every five years comprising members with a wide variety of expertise. P&Z would be a natural recruiting spot for this but it does not follow that P&Z should be exclusive.
21 - No	Charter Violations Shall the Charter be amended to include a provision that City officials and employees shall follow the provisions of the Charter?	This is feel good nonsense. It does not create or set penalties for Charter violations, it does not empower the commission to do so and violating our charter carries no state or county legal penalties. This needs to be fixed, urgently, and  this amendment is a cynical pretense to appear to fix the problem while maintaining the status quo.