HomeMy Public PortalAbout03-March 17, 2022CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
CHARTER REVIEW BOARD MEETING
Thursday, March 17, 2022
6:00 p.m.
1. CALL TO ORDER:
Board Chair Jannie Russell called the meeting to order at 6:10 PM on Thursday, March 17,
2022 at Sherbondy Village, 215 Perviz Avenue, Opa-locka, Florida.
2. ROLL CALL:
The following members of the Charter Review Board were present: Board Member
Christina Banks, Board Member Audrey Edmonson, Board Member Frank Vega, Board
Vice Chair Nikisha Williams and Board Chair Jannie Russell. Board Member Mykeisha
Fenn arrived at 6:21 PM. Also in attendance were City Attorney Burnadette Norris -Weeks
and City Clerk Joanna Flores. Board Member John Riley was not in attendance.
3. INVOCATION:
The invocation was delivered by Board Member Banks.
4. PLEDGE OF ALLEGIANCE:
The pledge of allegiance was recited in unison.
5. ADDITIONS/CHANGES/DELETIONS:
Request to add, change or delete items, from the agenda
City Clerk Flores informed the Board that in lieu of the presentations from Budget
Administrator Robert Anathan and Financial Consultant Gerri Lazare, the Clerk provided
a memorandum from the City Manager's Office which addresses the questions posed at
the March 3, 2022 Charter Review Board Meeting.
Board Chair Russell stated her understanding that during the Presentations portion of the
Agenda, the Board will just go over the document provided to the Board by Clerk Flores.
City Clerk Flores confirmed that the Board could review the memorandum provided by
the City Manager's Office during the Presentations portion of the Agenda.
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6. APPROVAL OF MINUTES:
Charter Review Board Meeting Minutes — March 3, 2022
It was moved by Board Member Banks, seconded by Board Vice Chair Williams to
approve the minutes from the March 3, 2022 Charter Review Board Meeting.
There being no discussion, the motion to approve the minutes passed by a 3-0 vote.
Board Member Banks Yes
Board Member Fenn Not Present
Board Member Riley Not Present
Board Vice Chair Williams Yes
Board Chair Russell Yes
7. PUBLIC COMMENT:
Please limit to not more than three (3) minutes
There were none.
8. MEMORANDUM FROM CITY CLERK:
City Clerk Flores reminded the Board that they had requested some information during
their March 3rd meeting, and reviewed a memorandum prepared by the Clerk's Office, to
address the questions they had.
Board Chair Russell thanked the Clerk's Office, stating that they did a really great job in
providing the Board the information and clearing up any questions that were unanswered,
adding that it was the infoiniation that was needed.
Board Member Edmonson noted that the formula for salaries is a recommendation from
the State of Florida and she said that it's up to each municipality or county whether to use
it. The Board Member recalled that when Miami -Dade County tried to use it, it was voted
down, even though it was the recommendation from the State of Florida.
Board Chair Russell asked if Board Member Edmonson could, in her professional opinion,
provide some reasoning as to why the formula recommended by the State of Florida is not
used in Miami -Dade County.
Board Member Edmonson stated that the formula recommended by the State of Florida is
not used in Miami -Dade County because it was voted down by the voters and she said that
she guesses they don't want their elected officials to be compensated. The Board Member
pointed out that Broward County uses the formula, but for the Miami -Dade Board of
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County Commissioners to have a raise, it must be on the ballot and voted on by the citizens
of the County.
9. PRESENTATIONS:
1. Lynn S. Tipton, Director
Florida League of Cities University
Re: Forms of Government
Ms. Lynn Tipton, Director of the Florida League of Cities University, made a
presentation to the Board on the forms of government.
2. Robert Anathan, Budget Administrator
City of Opa-locka
Re: City of Opa-locks Financial Oversight Status
3. Gerri Lazarre, Financial Consultant
City of Opa-locka
Re: Opa-locka Elected Officials Benefits
City Clerk Flores stated that in lieu of the presentations from Budget Administrator Robert
Anathan and Financial Consultant Gerri Lazarre, the Clerk provided the Board with a
memorandum from the City Manager's Office.
Board Chair Russell reviewed the memorandum from the City Manager's Office, and she
stated her understanding that the cancellation of the benefits provided to the Members of
the Commission had nothing to do with audit findings but is based on the Charter and a
Charter review is necessary for it to change because the Commission can't just pass an
ordinance or resolution to change their own salary and benefits.
City Clerk Flores confirmed that in order to change the salary and benefits for the Members
of the Commission, a ballot question would have to go before the voters, and they would
have to vote in favor.
Board Vice Chair Williams stated that she thought the answer to the Board's question about
the cancellation of the Commission's benefits was clear, but that she felt the answer to their
question about how much money the City requires to get out of financial emergency, was
not clear. The Board Vice Chair said that she thinks the question was asked to help
determine what room there is to make changes to the salaries of the Members of the
Commission and asked if they can get additional clarification.
Board Chair Russell shared her understanding that Commission salaries wouldn't have a
direct effect on the budget because it would be a part of the budget and they would just
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have to fmd where to take the money from to have it added in. The Board Chair added that
she doesn't think it will really have an impact.
City Clerk Flores pointed out that if there is a salary increase for the Members of the
Commission, it would have to be budgeted for moving forward, but that if it happens in the
middle of a budget year, then a budget amendment would be necessary to compensate for
the dollar amount.
Board Vice Chair Williams stated that she still doesn't necessarily think that the response
to the Board's question about how much money the City requires to get out of financial
emergency, answers that question, but she said that for now, they can move on.
City Clerk Flores offered to follow-up and see if the City Manager's Office can provide
further clarification on their response to the Board's question about how much money the
City requires to get out of financial emergency, and she will be able to bring that back
before them at the next meeting.
Board Chair Russell reminded her colleagues on the Board that the City must deal with the
amount of money they have and can't over budget, nor is it good to under budget.
10. REVIEW / DISCUSSION ON ARTICLE I THROUGH VHI OF THE CHARTER:
Continuation from previous Charter Review Board Meeting on March 3, 2022 (Section
2.5 of the City Charter)
City Attorney Norris -Weeks reviewed the remaining portions of Article II through VIII of
the current City Charter for the Board.
Board Chair Russell stated that she didn't see any language in the current Charter relating
to the appointment or removal of the City Attorney or the City Clerk, and that it only refers
to the City Manager.
City Attorney Norris -Weeks stated that the appointment and removal of the City Attorney
and the City Clerk is an inherent power, and the powers stipulated in Article II, Section 2.5
of the current City Charter are not intended to cover all their powers, pointing out that it
includes a "without limitation to the foregoing" clause. The City Attorney added that the
City Commission obviously has the power to hire and fire the City Attorney and the City
Clerk. She added that she did not know, but that the Clerk could have been independently
selected at one time. City Attorney Norris -Weeks also said that she can think of a whole
lot of things that the City Commission can do that may not be listed in Article II, Section
2.5 of the Charter and assured the Board that it is not unusual or shocking and she
recommended that it's not something they may want to spend time changing.
Board Chair Russell stated that the current City Commission had to deal with this issue.
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City Attorney Norris -Weeks noted that the provisions for the City Manager, City Attorney
and City Clerk are in another section of the current City Charter.
Board Chair Russell said that her concern is that Article II, Section 2.5 of the current City
Charter addresses the City Manager but does not address the City Attorney or the City
Clerk, acknowledging that she is aware the provisions for those offices can be found in
other sections of the Charter. The Board Chair also asked if the title of Interim City
Manager is the same as Acting City Manager.
City Attorney Norris -Weeks stated that based on the provisions of the current City Charter,
the title would be Acting City Manager, but she said that sometimes those terms are used
interchangeably. The City Attorney also said that in the final resolution dealing with the
City Manager, the Acting title was used.
Board Member Vega asked if Mr. Wright is the Interim City Manager.
City Attorney Norris -Weeks stated that after a certain number of days expired, the City
Commission reconsidered Mr. Wright's appointment and he is now the permanent City
Manager. The City Attorney added that when Mr. Pate was still serving as City Manager,
Mr. Wright was the Acting City Manager because Mr. Pate was still contractually the City
Manager. She also said that the Acting City Manager title was temporary until the City
Commission hired Mr. Wright and he became the permanent City Manager.
Board Chair Russell asked City Clerk Flores if she had any comments.
City Clerk Flores stated she did not have any comments at the time.
11. ITEMS FOR NEXT MEETING AGENDA:
Board Chair Russell recalled that her colleagues on the Board started with some concerns
including the compensation of elected officials and the form of government, and she asked
that they go through the information they've received and come back with some solid
concerns they can discuss at their next meeting. The Board Chair acknowledged that the
Board meetings are advertised, but she asked what they can do to get more citizens to give
input, asking if the Board needs to have a workshop just for citizens. Noting that when she
looked at her phone, she saw about 6 people watching the meeting, she stressed that they
really need to get the information out in the community to get the residents involved in the
process because she thinks that's the only way to get people to really understand why the
proposed changes to the Charter will be put on the ballot. Board Chair Russell asked if
any of her colleagues on the Board had any suggestions on how they can get the residents
more involved and asked if they wanted to keep the input of residents during Citizen's
Forum during their meetings.
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Board Vice Chair Williams recommended that the Board schedule a workshop and
suggested that the Public Comments section be put at the end of the Agenda as well, so it
gives people who do participate the opportunity to listen and then provide feedback.
Board Chair Russell asked her fellow Board Members if they wanted to move Public
Comments to the end of the meeting, so that the Public can hear what the Board has to say
as they go through the agenda items. The Board Chair also noted that there was one person
that had been sitting diligently in the audience, and she stressed the importance of people
having input.
Board Member Edmonson stated that she would not suggest that the Public speak at the
end of the Board meetings because the Public would be speaking after the Board makes
their decisions, and she recommended that the Public speak at the beginning and the end
of the meeting or just at the beginning. The Board Member also pointed out that it would
give her colleagues on the Board the opportunity to address any concerns expressed by the
Public, during the meeting.
City Clerk Flores informed the Board that when she originally drafted the agenda for their
first meeting, she had Public comment at the beginning and end of the meeting, but she
took off the one at the end of the meeting pending direction from the Board.
Board Chair Russell asked her colleagues on the Board what they thought about having
Public comment at the beginning and the end of their meetings.
The Board Members unanimously stated they all supported having Public comment at the
beginning and the end of their meetings.
Board Chair Russell asked her fellow Board Members if they think the Board should have
a separate workshop to try and get the public to come out or should plan one of their
meetings as a workshop, pointing out that they are already meeting 2 times a month, and
everybody has a lot going on.
Board Vice Chair Williams thanked Board Chair Russell for being respectful of everyone's
calendars and suggested using one of the Board's meetings, adding that since they meet for
2 hours, they could make the first half of their meeting a workshop and then take up some
stuff under a Board meeting after, adding that they could all agree to stay an extra 30
minutes just in case they need the extra time.
Board Member Banks stated that she would second the proposal to schedule the workshop
during one of the Board's meetings, pointing out that they can always defer agenda items
to their next meeting.
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Board Chair Russell stated that she thinks the Board is going to come up with very
important questions to go on the ballot and stressed that they want the citizens to be
informed.
City Clerk Flores acknowledged that the members of the Board proposed to have a
workshop on one of their meeting dates and she asked which date they would propose.
Board Chair Russell stated that she would like for the areas of the Charter the Board should
look at to be brought back before them to discuss, so that when they have the workshop,
they will already have some groundwork done that the public can give some input on. She
also noted that City Attorney Norris -Weeks said that the City Commission had voted for
Mr. Wright to become the permanent City Manager but pointed out that the document the
Board was provided from the Manager states Interim Manager, and she asked that
something be brought before the Board to let them know the correct title.
City Attorney Norris -Weeks said that the inclusion of the Interim City Manager title on the
document provided to the Board may be a mistake, adding that without spending any more
time on it she can tell the Board that Mr. Wright is definitely the City Manager now. The
City Attorney went on to say that after Mr. Pate's contract expired, pursuant to the City's
directive, Mr. Wright became the City Manager and she asked City Clerk Flores if she
concurred to put it on the record so that Chair Russell is comfortable.
Board Chair Russell explained that the reason she is asking about the correct title for the
City Manager is because the audience is listening and are the same people who watch the
City Commission meetings, and she wants to make sure that the Board is giving sound
information when they go back into the community.
City Clerk Flores informed the Board that Resolution 22-9934 states in the 2nd whereas,
that the City Commission appointed James Wright as Interim City Manager on January 14,
2022 to serve for a term not to exceed 9 months, starting at 12:01 AM on February 1, 2021
and requiring a national search for the appointment of a permanent City Manager.
City Attorney Norris -Weeks stated that she thought Mr. Wright was the permanent City
Manager because there was a later resolution that appointed him, but she said that she will
do the research like Chair Russell suggested and will bring the information back before the
Board.
City Clerk Flores clarified that initially the City Commission appointed Mr. Wright as
Deputy City Manager and a resolution amended that legislation because the title of Deputy
City Manager is not in the City Charter. The Clerk added that Mr. Wright was the Acting
City Manager up until Mr. Pate was terminated and then became the Interim City Manager.
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She offered to share the resolutions with City Attorney Norris -Weeks so she can read them
for herself and make sure that the Clerk's interpretation is correct.
City Attorney Norris -Weeks asked if she thought it was an issue with the Charter.
Board Chair Russell explained that she brought up her question about the City Manager's
title because the current City Charter included the title Acting City Manager, and she said
that while it might be a small thing to the Members of the Board, the audience and residents
want to know if the correct title for the City Manager is Acting or Interim and whether
those words are interchangeable.
City Attorney Norris -Weeks stated that she tried to explain that the title of Acting City
Manager as included in the current City Charter is for a temporary period of time when the
Manager is temporarily away, offering the example of him having to be away for a month
due to a surgery. The City Attorney said that the title of Interim City Manager is being
used now because Mr. Wright is serving in that role until the Commission determines
otherwise or the nine months expire. She added that she wanted to make clear that Mr.
Wright's period as Acting City Manager is over, after the correction was made to the
Deputy City Manager title. City Attorney Norris -Weeks asked Board Chair Russell if she
was thinking of a change being made to the City Charter or if she had asked about the City
Manager's title just for clarification.
Board Chair Russell said that she asked about the City Manager's title in consideration of
the changes that may be proposed for the City Charter and for clarification because the
Board wants to give the Public information so that they will have full knowledge and are
going to understand, pointing out that 2 different titles are being used.
City Attorney Norris -Weeks reviewed Section 3.4 of the current City Charter, outlining the
role of the Acting City Manager, pointing out that it stipulates that the role is for a specific
period of time if there's a temporary disability or absence. The City Attorney also
acknowledged that according to City Clerk Flores, nobody's been named as permanent
City Manager, and because he's not Temporary City Manager, he is Interim City Manager.
She added that Mr. Wright can't be Acting City Manager because there's nobody that he's
filling the place for. City Attorney Norris -Weeks also said that she just wanted to spend a
second on it, if Board Chair Russell thinks people will be confused by that.
Board Member Banks asked City Clerk Flores to provide the Board with the resolutions
which the City Commission passed to appoint Mr. Wright as City Manager to validate what
his position is at this time. The Board Member agreed with Board Chair Russell and said
that a lot of the public doesn't know whether Mr. Wright is the Interim City Manager,
Acting City Manager or permanent City Manager.
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Board Chair Russell stated that the Members of the Board have the responsibility to go
through the City Charter and she said that if words are being used that are not in the current
Charter, it becomes an issue for some people even if it isn't for everybody. The Board
Chair also said that when people ask questions, they try to address them to the best of their
ability. She expressed her appreciation for City Attorney Norris -Weeks, stating that she
respectfully asked about the City Manager's title because she has been asked what the
Charter says.
City Attorney Norris -Weeks pointed out that the current City Charter doesn't address the
title of Interim City Manager, but she said that it's widely understood and used. The City
Attorney also said that the Charter doesn't need to address the title of Interim City Manager
because Mr. Wright is not the Acting City Manager.
Board Member Fenn stated that when she thinks of the title of Interim City Manager, it is
because the City doesn't have a permanent City Manager and the Manager is acting until a
permanent Manager can be found. The Board Member asked if the Commission just hasn't
given Mr. Wright the power as the permanent City Manager.
Board Chair Russell said that she thinks Mr. Wright has all the powers of the City Manager
and the Board just needs to see if the wording of the title is something they want to address
in the City Charter.
City Attorney Norris -Weeks said that it is helpful for her to understand that people have
questions about the City Manager's title because they can look at crafting language if the
Board wants to go in the direction of making it clearer.
Board Chair Russell thanked everyone for being so diligent and urged those listening in
the audience who have questions or concerns, to send them to the City Clerk who will make
sure that the Board gets them to address them. The Board Chair asserted that they want
the process to be reflective of the community and they want to make sure they're doing
what's in the best interest of everyone because all the residents are important.
12. ADJOURNMENT:
There being no further business to come before the Charter Review Board, it was moved
by Board Vice Chair Williams, seconded by Board Member Fenn to adjoya'rr he meeting
at 8:20 p.m.
Jannie Russe
Board Chair
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Jo a Flores, CMC
City o Jerk
ATTEST:
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