HomeMy Public PortalAbout04-April 7, 2022CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
CHARTER REVIEW BOARD MEETING
Thursday, April 7, 2022
6:00 p.m.
CALL TO ORDER:
Board Chair Jsnnie Russell called the meeting to order at 6:07 PM on Thursday, April 7,
2022 at Sherbondy Village, 215 Perviz Avenue, O.pa-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 Mykeisha Fenn,
Board Member Frank Vega, Board Vice Chair Nikisha Williams and Board Chair Jannie
Russell. Board Member John Riley arrived at 6:13 PM. Also in attendance were City
Attorney Burnadette Norris -Weeks and Deputy City Clerk Chris Wills.
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
There were none.
6. APPROVAL OF MINUTES:
Charter Review Board Meeting Minutes — March 17, 2022
It was moved by Board Member Banks, seconded by Board Vice Chair Williams to
approve the minutes from the Charter Review Board Meeting Minutes — March 17,
2022.
There being no discussion, the motion to approve the minutes passed by a 4-0 vote.
Charter Review Board Minutes — April 7, 2022
Board Member Fenn Yes
Board Member Riley Not Present
Board Vice Chair Williams Yes
Board Member Banks Yes
Board Chair Russell Yes
7. PUBLIC COMMENT:
Please limit to not more than three (3) minutes
Ms. Dorothy Johnson of 13724 NW 22nd Place commended the Charter Review Board for
having 2 spots for public input on the Agenda, noting that she heard it suggested during
one of their previous meetings. Recalling having been involved with the previous revision
to the Charter and acknowledging that they did a lot of copying with Joe Geller as the City
Attorney at the time, Ms. Johnson urged the Board to pay attention to Section 1.2 of the
City's Charter where she recommended that they incorporate Miami -Dade County instead
of Dade County and also pointed out that the same paragraph includes the term township
despite Opa-locka not being a township, adding that they may need to get some legal
advice. She also stated that she would like the Board to consider single seating areas,
suggesting that the City have 5 Officials with zones for 3 people, 1 member of the
Commission serving at -large, in addition to the Mayor. Ms. Johnson said that when the
majority of candidates come from one area of the City and no one knows of the person on
the other side, she thinks it is a disadvantage and they will get more quality and have the
citizens more connected to the officials. She informed the Board that she was going to stay
until the end of the meeting and that some other individuals were supposed to come, noting
that they need citizens' input for them to have a recommendation for approval by the City
Commission to go to the voters. Ms. Johnson concluded by stating that she would not like
to go through a petition process trying to get what they are asking for on the ballot.
Board Chair Russell asked Ms. Dorothy Johnson for clarification on her suggestion for the
Board to consider single seating areas.
Ms. Dorothy Johnson stated that boundaries can be drawn and said she has seen the
majority of candidates from one section since 2016. Ms. Johnson said that she had 2
situations that day with people calling her, and she said that she jokingly told them that she
is not a Commissioner and is an unofficial Commissioner.
Budget Administrator Bob Anathan stated that he was not aware that the Charter Review
Board was so far along with their deliberations. The Budget Administrator addressed
Section 4-7 of the City Charter and pointed out that it requires that whenever a budget
amendment is necessary, that it be done by ordinance which he said is a very cumbersome
process. He explained that if somebody identifies a need, it's probably going to be 8 weeks
before that person can go forward and have a budget to make an expenditure if they didn't
Charter Review Board Minutes — April 7, 2022
have it, adding that it didn't include the review by the State of Florida, which he said made
it a very awkward and slow process by instituting budget control at the account level. Mr.
Anathan shared that he was previously the budget director for the City of Oakland Park,
where budget control was at the division level rather than at the account level, giving the
City Manager the discretion to move funds from one account to another to address needs
that may arise, which he said is much a more efficient way. While he acknowledged that
he can't say every city does it that way, he said that most do. He added that instead of
having to wait 8 weeks to go forward with a procurement, in Oakland Park it's done
instantaneously and urged the Board to consider it. Mr. Anathan also said that he has never
seen this type of requirement in a charter and his experience has been that it is normally in
the code. He informed the Board that the subject came up as a proposal during a
Commission meeting about 6 months ago and he said that a couple of people from the
public expressed that they felt it was very important that there'd be 2 hearings whenever
there's a budget amendment, but he also said that in the 2 years he's been serving the City
of Opa-locka, every time there's been a budget amendment there's been essentially no
input from the community. Budget Administrator Anathan concluded by stating that as
long as Opa-locka is under the control of the State of Florida, it is going to continue to want
the City to submit everything formally rather than having the City Manager to have the
discretion to do it and they would do it by resolution rather than by ordinance just to save
a couple of weeks, and he is discussing this because he would hope the City will be out of
the State's control within 2 years and the period of time for a Committee to evaluate the
Charter is much longer.
Board Member Riley asked if the movement of funds between City Departments and the
amendment of the City Budget are 2 different things.
Budget Administrator Anathan stated that budget changes in a City Division would be done
as a budget amendment and would have to be done by ordinance and the City Commission
must do 2 hearings, which he said is equally true if funds are moved from one City Division
to another Division.
Board Member Riley asked if he was correct in stating that Opa-locka' s Budget
appropriations are based on line items.
Budget Administrator Anathan confirmed that when the City Budget is adopted, it includes
line -item appropriations.
Board Member Riley asked if the example Budget Administrator Anathan provided from
Oakland Park, was referring to unencumbered dollars.
Budget Administrator Anathan stated that either case would be unencumbered dollars
because you would never want to move encumbered dollars from one line item to another.
Charter Review Board Minutes — April 7, 2022
Board Member Riley stated that he is looking at the transfer of appropriations and an actual
amendment to the budget as two different things but said he can understand what is being
asked. The Board Member asked if any deviation to the budget from the original is an
amendment.
Budget Administrator Anathan said that many places just call the moving of funds from
one line to another line within a division or between divisions, an adjustment and he said
it's based on whatever terminology is chosen.
Board Member Riley acknowledged that it is a matter of language. Additionally,
acknowledging that it has nothing to do with the Charter Review Board, Mr. Riley also
asked why Budget Administrator Anathan believes that the State of Florida's oversight of
Opa-locka would continue for another 2 years, wondering if there was a limit.
Budget Administrator Anathan stated that his understanding was that there is not a limit
and he said he believes the State of Florida's oversight of Opa-locka is going to continue
until the State is comfortable that the City is fully up to speed in terms of organization,
procedures and that the finances and reserves are sufficient. The Budget Administrator
said that it takes time, and he doesn't think it's going to occur within the next 6 months to
a year, asserting that he thinks it'll be closer to 2 years.
Board Member Riley asked if his assertion was correct that the State of Florida didn't have
anything to do with it, adding that they haven't put any investment in except for time.
Budget Administrator Anathan stated that the State of Florida made no financial investment
in Opa-locka to directly assist the City in its effort to emerge from its fmancial emergency,
but he added that the State has been very accommodating while working with the City.
Board Chair Russel asked that they stick to the question at hand because other Board
Members may have questions concerning Budget Administrator Anathan's proposal. The
Board Chair asked if Board Member Riley was finished.
Board Member Riley stated it was okay.
Board Chair Russel said that she wanted to make sure they stay on course because they
have some other things they want to discuss and asked the Board if they had any questions
for Budget Administrator Anathan.
Board Member Banks asked if the City doesn't have enough money in one of the Budgets,
if the money that is transferred can be used for any Department.
Charter Review Board Minutes — April 7, 2022
Budget Administrator Anathan stated that money that is transferred in the Budget can be
used for any Department but it's now very formal and time intensive, adding that it's just
a question of the mechanics for how it's done.
Board Member Banks asked if it mattered where the City wanted to pull from.
Budget Administrator Anathan stated it doesn't matter where the City wants to pull from,
but re -stated that they would not take money from where it was already encumbered
because by definition it is already tied up and can't move.
Board Chair Russell asked if budget amendments have always been done by ordinance.
Budget Administrator Anathan stated that despite his being a newbie in Opa-locka, his
understanding is that budget amendments have always been done by ordinance, adding that
the footnotes in the City's Charter would indicate that it's been that way forever.
Board Chair Russell noted that she didn't see any footnotes in the City's Charter pertaining
to the approval of budget amendments by ordinance, and asked City Attorney Norris -
Weeks for help.
City Attorney Norris -Weeks pointed out that the in Section 4.7 of the City's Charter the
footnote is the resolution that was passed in 2012, and she said the question was whether
it existed prior to the revamp of the Charter or was added in 2012 when it was revised,
offering to investigate that if the Board would like her to.
Board Member Riley stated that Section 4.7 of the City's Charter was created in 2012, but
that the section was in another section of the Charter and the language is still the same,
adding that budget amendments were always done by ordinance.
Board Chair Russell acknowledged that Budget Administrator Anathan told the Charter
Review Board the pros for his proposal to not have budget amendments approved by
ordinance and asked him to tell them some of the cons, including what the argument was
that was presented by the citizens that were against it the last time it was discussed during
a City Commission Meeting.
Budget Administrator Anathan stated that the opposition to not having budget amendments
approved by ordinance was that the citizens felt they should be shown twice in the spirit of
full transparency, but he said that he doesn't know that they spoke for the entire
community.
Board Chair Russell stated that the Charter Review Board will take Budget Administrator
Anathan's proposal to not have budget amendments approved by ordinance, into
Charter Review Board Minutes — April 7, 2022
consideration. The Board Chair said that they can further discuss it at their next meeting
and may need the Budget Administrator to come by if they have more questions.
There being no additional members of the public to address the Charter Review Board,
Board Chair Russell closed Public Comment.
8. DISCUSSION ON RECOMMENDATIONS FOR CHARTER AMENDMENTS:
Board Chair Russell recalled that at the last Charter Review Board Meeting, everyone was
asked to think about some of the changes to the City's Charter that they'd like for the Board
to discuss. The Board Chair asked City Attorney Norris -Weeks what the number of words
were that could be proposed to appear on the ballot for a Charter amendment.
City Attorney Norris -Weeks stated that she believed the limit for a proposed Charter
amendment that would go before the voters, would be 200 words for the ballot title.
Board Member Edmonson recommended that the Members of the Charter Review Board
research single member districts, based on the suggestion from former Commissioner
Dorothy Johnson.
Board Vice Chair Williams recommended that the Charter Review Board start their
discussion on their proposed amendments to the City Charter by giving their feedback on
each section of the Charter.
Board Chair Russell pointed out that there are some sections of the City Charter that the
Charter Review Board might not want to propose amendments for.
Board Vice Chair Williams suggested that the Charter Review Board could just skip over
the sections of the City Charter that the Board does not want to propose amendments for.
Board Member Riley stated that there are some things that should be in the City Charter
that are not even in the Charter now.
Board Chair Russell stated that the Charter Review Board wanted to get to those things
that are not in the City Charter because they might be something they want to add, offering
the example of former Commissioner Dorothy Johnson's proposal to have single member
districts added to the Charter. The Board Chair said that she would like for them to dive
into those things so that the Board Members have something to think about when they go
home. She also pointed out that the Board went through the Charter and her understanding
was that everybody made notes of what they thought would be important, adding that she
didn't want them to do that exercise again in consideration of their limited time, recalling
that they said they were going to have a Town Hall Meeting to bring Citizens up and she
said they want to have a document to give them.
Charter Review Board Minutes — April 7, 2022
Board Member Riley stated that single member districts have been discussed in Opa-locka
since 1985, adding that he doesn't know why people have never gotten it and explaining
that it is a way to have actual representation with the district getting a chance to elect who
they want to represent them rather than having a person have to win city-wide, with the
understanding that they have to come together as a group on the Commission as
representatives of the entire City. The Board Member also said that it is cost-effective and
gives each area of the City an opportunity to hold accountable the people they elect in their
area. Additionally, he proposed that the Civil Service portion of the City Charter be
returned.
Board Vice Chair Williams stated that she'd love to get some research on what the language
related to the Civil Service Board said previously and added that she'd love to hear from
Board Member Riley what the purpose of it was and why he recommends that the Charter
Review Board add it back into the Charter.
Board Member Riley stated that President Roosevelt created civil service to give
employees of a government standing to not just be political appointees, so that the civil
service employees would be the regular hires who serve regardless of how the
administration changes. The Board Member said that it provides for the continuity of
government, gives employees a goal and presents rights, providing due process under the
Constitution if there's a grievance and giving an employee an opportunity to have
something done about it rather than just going to court. He asked City Attorney Norris -
Weeks how many employee related court cases the City has, what it costs the City and
what the League of Cities is doing about it.
City Attorney Norris -Weeks said that she didn't know right off the top of her head how
many employee related court cases the City has and what it costs the City.
Board Member Riley said that City Attorney Norris -Weeks is so brilliant.
City Attorney Norris -Weeks agreed and thanked Board Member Riley, stating that the
court cases the City has had recently have been very public and have all been related to the
termination of people who are the top management like the City Manager, adding that they
are people who wouldn't normally be going through the Civil Service Board. Recalling
that Board Member Riley was the Chair of the Civil Service Board for many years, the City
Attorney suggested that he can share his experiences because she didn't know if anything
she could share would be necessarily helpful for the Charter Review Board. She also
informed the Board that the City has League of Cities insurance coverage and reported that
the amount the City pays has gone down over the last couple of years, adding that it may
not be the best gauge or validator of the point that Board Member Riley was trying to make
because employee lawsuits are not there anymore.
Charter Review Board Minutes — April 7, 2022
Board Member Riley asked the Charter Review Board Members to look up the case of
Angela Griffin vs. City of Opa-locka in the 11th Court of Appeals out of Atlanta, which he
said really talks about Opa-locka. The Board Member pointed out that the Civil Service
Board was able to do investigations.
Board Chair Russell asked if the Civil Service Board had subpoena powers.
Board Member Riley confirmed that the Civil Service Board had subpoena powers and he
said that one of the things that helped the City with the Angela Griffin vs. City of Opa-
locka case was that sexual harassment complaints from anyone employed by the City
including elected officials to top administrators, came to the Civil Service Board. The
Board Member also said that what the Court held was that there was an atmosphere among
the elected and appointed officials for sexual harassment in the City, and added that if the
Board Members research it, they will see it.
Board Vice Chair Williams asked why the Civil Service Board was disbanded.
Board Member Riley stated that the Civil Service Board was disbanded due to a lack of
understanding.
Board Chair Russell shared that she has heard debate over the years about the Civil Service
Board, and said that when Board Member Riley mentioned it, she asked if there was
anything in place for the employees now that the Civil Service Board is no longer a part of
the City's Charter. The Board Chair also recalled that she said that despite not having
records in front of her, she remembered a lot of employees going to the Civil Service Board
and the outcome seemingly always favoring the employee with the City always being left
to hold the bag. Acknowledging that she did not know how many of them went to court,
she said that when she inquired about having the Civil Service Board as part of the Charter,
she was told that there is something in place for the employees for them to take their
grievances to, and that they are well represented, adding that she didn't know whether it
was through the League of Cities.
City Attorney Non -is -Weeks stated her understanding that former Mayor Riley is
advocating to put the Civil Service Board back in the City's Charter so that it's permanent,
but she said that she thinks the City has a Civil Service Board but she doesn't know if it
has all the people appointed to it yet, adding that she knows they are working on that and
the Clerk's Office would know a little bit better. The City Attorney also informed the
Charter Review Board that the City does have a process for whistleblower complaints, with
the City's own internal process with a 3 -person panel that hears the complaint and looks at
the City Manager's decision with the power to overturn it. She concluded by stating that
there are certain things that will allow for a review process and there is even a Civil Service
Board that is just established by ordinance as opposed to being established by the City
Charter Review Board Minutes — April 7, 2022
Charter, also saying that it may operate similarly but she doesn't know if it has subpoena
power, which she said seemed to be a big deal and one of the reasons she understood it was
abolished, having been thought to be over reaching. The City Attorney recommended that
the Board may want to have some Staff who may be able to talk about the Civil Service
Board, how it was constituted and how it ran, adding that she is not the best person.
Board Member Riley stated that the ordinance reestablishing the Civil Service Board
passed in 2018, but he took issue with the membership of the Board as it was established
in the ordinance. The Board Member said that when the Civil Service Board was included
in the City's Charter, the City Commission would appoint 2 people, the City Manager
would recommend an appointment which would be confirmed by the Commission, and the
employees would elect 2 members to the Board. He added that the outcome was based on
the evidence presented to the Civil Service Board and said that it was an impartial thing
with limited cases.
Board Chair Russell stated that Board Member Riley's proposal to include the Civil Service
Board in the City's Charter is something for the Charter Review Board to think about, and
she suggested that the public can come talk about it when they have the Public Workshop.
The Board Chair also noted that she must fill out a yearly financial report to be on a lot of
the City Boards that she is on and asked if the Members of the Civil Service Board had to
fill one out.
Board Member Riley informed the Charter Review Board that filing yearly financial
disclosures is a requirement of the State of Florida.
Board Chair Russell recalled that Board Member Banks was an employee of the City of
Opa-locka for many years, but she didn't know whether she ever served on the Civil
Service Board.
Board Member Riley stated that when you have a Constitutional right, the standing is
different from a right you have under the law. Pointing out that the City's Charter is its
Constitution, he said that establishing the Civil Service Board in the Charter gives City
Employees a greater standing than just having it established by ordinance.
Board Member Banks stated that she would like to see a copy of whatever has been put in
place with the Human Resources Department for City of Opa-locka Employee grievances,
adding that she is not aware of any meetings of the Civil Service Board. The Board
Member said that she thinks that if the Board saw the policy that is in place, they would
have a better idea of whether the City's Employees have ground to stand on, adding that
Staff needs help sometimes if the Human Resources Department is weak. Acknowledging
that sometimes the City has a lever of Employee that needs to be done away with, she said
that the Charter should be transparent and should include some validation for what takes
Charter Review Board Minutes — April 7, 2022
place when a City Employee has a grievance, adding that she didn't see anything in the
Charter. Board Member Banks concluded by asking if the AFSCME Union Contract for
the Staff had been completed.
City Attorney Norris -Weeks informed the Charter Review Board that the City Manager
was going to bring the Union Contracts before the City Commission very soon because she
thinks that everything is very close to being completed but said she didn't want to get into
issues that were being negotiated. The City Attorney stated that Board Member Banks
brought up a good point because some of the issues with City Employee grievances are
laid out in the Police and AFSCME Union Contracts. She also said that the Board can look
up the ordinances establishing the Civil Service Board in the Code of Ordinances including
Article XI, Division 5, Section 2-532 entitled Civil Service Board Qualifications, Section
2-533 entitled Civil Service Board - General, Section 2-534 titled Divisions of Civil
Service and includes language about the membership, and Section 2-535 titled Human
Resource Director to prepare and maintain record of service. The City Attorney also stated
that the Code of Ordinances is the law of the City just like the City Charter, unless the
ordinance is abolished, with the difference being that to get rid of any provision in the
Charter would require a referendum vote of the Citizens of the City, additionally offering
assurances that the Code of Ordinances is strong too as the City's laws. She also pointed
out that the Board can encourage the City Commissioners to appoint enough Members to
the Civil Service Board, adding that it was hotly discussed when the change was made to
the Charter and the prevailing thought at the time was that the best place for it would be in
the Code. City Attorney Norris -Weeks recommended that the Board see how the Civil
Service Board was working as established by ordinance, because they would still have the
opportunity to tweak it but would have to schedule a referendum vote if it was in the
Charter, making it much more difficult than making changes through 2 readings at
Commission Meetings.
Board Chair Russell asked if Board Member Banks had her question answered.
Board Member Banks confirmed that her question was answered. The Board Member went
on to say that since the Civil Service Board is inactive because it doesn't have enough
appointees, if a City Employee has a problem and the Human Resource Department is
weak, that Employee wouldn't have anything to do except pull the information and
stepping forward from there probably by getting an attorney. She concluded by suggesting
that the information come to the Board so that they can see it, noting that they can pull
what the City Attorney gave them to look at, and they can determine what it says because
she was looking for it in the Charter herself.
City Attorney Norris -Weeks stated that the Charter Review Board won't find the Civil
Service Board in the City's Current Charter.
Charter Review Board Minutes — April 7, 2022
Board Member Banks stated that the only alternative to the Civil Service Board for City
Employees to file a grievance is through the Union, and she asked how many lawsuit cases
the City has that are not on an executive level.
City Attorney Norris -Weeks said that she did not know how many lawsuits the City has
that are not on an executive level.
Board Chair Russell stated that maybe the Charter Review Board Meeting was not the right
arena to discuss how many lawsuits the City has, and she suggested that maybe Board
Member Banks could ask City Attorney Norris -Weeks that question privately, pointing out
that it was the same thing that Board Member Riley just asked.
Board Member Banks apologized.
City Attorney Norris -Weeks pointed out that anybody can file a lawsuit, and it doesn't
mean it is with merit or valid, adding that many people file lawsuits for strategic reasons
all the time. The City Attorney stated that she does not believe the lawsuits against the
City should be the basis upon which they make their decision, and it should be based on
how strongly the Charter Review Board thinks the Civil Service Board should be in the
City's Charter.
Board Chair Russell asked the City Clerk's Office to provide the Charter Review Board
with the City's Code of Ordinances establishing the Civil Service Board before their next
meeting so they can determine whether it needs to be in the City's Charter. The Board
Chair also said that she didn't know if the Civil Service Board had to be active for a City
Employee to get their due.
Board Member Fenn stated for the record that the Civil Service Board had been established
but there were 3 vacancies.
Deputy City Clerk Wills informed the Charter Review Board that there were 3 vacancies
on the Civil Service Board until the previous month when the City Commission made an
additional appointment, bringing the Board to 2 vacancies. The Deputy Clerk also stated
that per the City ordinance, each member of the City Commission has the ability to appoint
1 Resident who does not have to be a City Employee, and there are 2 members of the
Commission who have not made that appointment.
Board Chair Russell asked if based on the Members of the Civil Service Board who had
been appointed if there was a quorum.
Deputy City Clerk Wills stated that there are 5 Members on the Civil Service Board and
with the 3 Appointed Members, there is a quorum.
Charter Review Board Minutes — April 7, 2022
Board Chair Russell stated that based on the quorum existing on the Civil Service Board,
the City Employees do have representation according to the Code of Ordinances.
Deputy City Clerk Wills pointed out that the Civil Service Board was not actively meeting.
Board Chair Russell stated that when she asked for information about the grievance process
for City Employees, she was told that there is something in place that is the same as what
was previously in the City's Charter and acknowledged that former Commissioner Johnson
who was on the Charter Review Board when it was changed in 2012. The Board Chair
said that because it is something that Board Member Riley is very passionate about, the
Charter Review Board wants to make sure that they have all the information that's needed
so that they will make a good, informed decision and not just say it's not going to be in the
Charter, adding that they can look at other cities and see what they must help them compare.
Board Member Riley stated that it was basically like the Equal Employment Opportunity
Commission and what is called the Commission on Human Rights, which handles
discrimination in municipalities and companies throughout Miami -Dade County. The
Board Member also asked that the Civil Service rules be provided to the Charter Review
Board.
Board Chair Russell asked the City Clerk's Office to have the Civil Service rules provided
to the Charter Review Board.
Board Member Riley stated that he also wanted to address the City Commission's
compensation.
Board Chair Russell recalled that everybody was very passionate about the City
Commission's compensation.
Board Member Riley recalled that in 1956 he was 12 years old and during the Civil Rights
Movement the gas boys would have to get gas for the cars for the Montgomery Bus
Boycott, and gas was $0.10 a gallon. The Board Member also said that you could get 5
family sized loaves of bread for $1.00 and rent a house for $20 a month, but he does not
feel 1956 equates to 2022 not only in Opa-locka, but also expressing that he fmds it
insulting that the County Commission gets $6,000 a year because he said that you're not
going to get the quality of people through elected office that you should get.
Acknowledging the discussion about public service, he said that the Charter Review Board
is doing public service but attends a meeting twice a month, while the City Commission is
on call. He also said that in 1956, the City Charter indicated that there would be 2 meetings
per month, with no special meetings, and the Commission received $50 per meeting. Board
Member Riley proposed that the Commission salaries be established by the City's Budget,
not to exceed $18,000 a year and that they should be provided health insurance.
Charter Review Board Minutes — April 7, 2022
Board Chair Russell asked if Board Member Riley was proposing that the Commission
salaries not exceed $18,000 per Member of the Commission.
Board Member Riley confirmed that he was proposing that the Commission salaries do not
exceed $18,000 per Member of the Commission and he reminded the Advisory Charter
Review Board Members that even though they don't have a vote, they can participate in
everything else.
Board Chair Russell recalled that Advisory Charter Review Board Member Edmonson
stated she was not telling the voting members of the Board what to do. The Board Chair
recalled that the salary for the City Commission was a passionate subject when the Charter
Review Board talked about it, and she said that while she didn't know if she agreed with
the dollar amount, she agreed with Board Member Riley's proposal to establish a higher
salary for the Commission through the City's Budget, including health insurance. She said
that if Members of the Commission are not deserving of anything, then they should not be
voted for, adding that she does not think that they should be asked to work for free.
Acknowledging that the Commissioners are public servants, she said that it's a job and
pointed out that her volunteer service on City Boards takes a lot of time and sometimes the
Commission has meetings in the mornings, which means they have to take off from their
job and use vacation or sick time to take care of the City's work. The Board Chair also
said that she thinks that the demand they put on the Commission is a lot, expecting that
they answer when called and coming to the podium at Commission Meetings to tell them
if they did not answer. She asserted that she does not think so much should be expected if
so little is given. Recalling that Board Member Banks had asked where the City was going
to get the funds if it's not in the Budget, the Board Chair agreed with Board Member Riley
that the salary for the Commission should be included in the City Budget just like every
City Department. Board Chair Russell concluded by stating that she thinks they know
better and should do better and asked if the Commission had life insurance at one time.
Board Member Riley confirmed that the City Commission had life insurance at one time.
Board Chair Russell said that while she doesn't know enough about how that would work,
she thinks that the City Commission should be afforded the opportunity to use the City's
health insurance, be compensated and they should have transportation because she said that
they should not have to wear out their personal vehicles doing City work.
Board Member Fenn stated that she is an advocate for the compensation of the City
Commission, to match their work, but said that she thinks the dollar amount proposed was
a little high.
Board Chair Russell pointed out that the proposal was not to exceed $18,000 a year per
Member of the City Commission.
Charter Review Board Minutes — April 7, 2022
Board Member Fenn acknowledged that she understood the proposal stated that the amount
each Member of the City Commission could be paid was not to exceed $18,000 but she
said that when the Charter Review Board puts that type of language in there, they give the
opportunity for each one to get that amount and she asked how the City will be able to
compensate them when it is just getting out of a deficit. The Board Member also said that
she cringed when Board Chair Russell proposed that the City Commission should have
transportation because she said that she doesn't think it's necessary due to the fact that
Opa-locka is not a huge city and asked how to know that every time the vehicles are used,
that it is for City purposes, in addition to the need to pay for gas and maintenance. While
she asserted that she is not an advocate for the vehicle, Board Member Fenn did suggest
that she could consider providing the Commission with one vehicle when needed. She also
stated that she is not an advocate for cell phones but stressed that she is an advocate for
increasing the City Commission's pay with an option to elect health insurance or life
insurance.
Board Chair Russell asked Board Member Fenn to clarify if she agreed with the City
Commission having a City paid cell phone.
Board Member Fenn stated that she is not really an advocate for the City Commission
having a City paid cell phone.
Board Chair Russell asked how the City Commission would separate their City work from
their personal business on their cell phone, if they don't have a City paid cell phone.
Board Member Fenn conceded that Board Chair Russell made a good point about the City
Commission needing to separate their City work from their personal business on their cell
phone and said that she may have to retract her statement about not being an advocate for
the Commission having a City paid cell phone, acknowledging that they need a separate
phone.
Deputy Clerk Wills informed the Charter Review Board that all Members of the
Commission currently have a City cell phone provided to them.
Board Member Fenn noted the current City Charter did not include any language about the
City Commission being provided a City cell phone and asked if the Charter Review Board
would have to add that to the Charter.
Board Chair Russell stated that she doesn't think that the language in the current City
Charter specifically mentions the City Commission being provided a City cell phone, but
it does mention the dollar amount the Commission is paid. The Board Chair asked how
the Commission Members would work if they can't have a computer or cell phone, in
addition to having to use their personal money and take away from their family,
Charter Review Board Minutes — April 7, 2022
acknowledging that it's okay if they want to do it but because they are expected to be public
servants and answer their phone calls, attend Commission Meetings even if there are 5
Special Commission Meetings in a month, she said that she doesn't understand why the
amount they are compensated should be such a small amount, considering the cost of gas
and that all the work the Commission does it not in the City limits.
Board Member Riley stated that Florida State Legislators go to Tallahassee for 2 months
out of the year and are paid $20,000 a year, adding that you get what you pay for. The
Board Member also said that the structure of politics in America is designed for rich people
to serve, but he asked what rich people know about the average person in the City. He said
that the reason elected officials are paid those low amounts is because rich people can
afford to serve while the average poor person is not able to serve, and Board Member Riley
lamented that some go along with that. He also shared that 3 weeks after he was elected
as Mayor of Opa-locka on April 19, 1984, he went to a meeting of the National Conference
of Black Mayors and was elected to the Board of Directors out of 300 Black mayors and
was elected to the World Conference of Mayors that August in addition to founding the
Black Caucus in Florida that July to which he was elected as its 2nd president. Board
Member Riley said that while it wasn't costing the City money, it was costing him money,
with the City being the beneficiary of the influence he brought through those organizations.
He concluded by asserting that if the members of the Commission don't network, they
don't get resources back to the community.
Board Vice Chair Williams recognized that Board Member Fenn brought up a good point
about managing a fleet of vehicles, and she suggested that the City Commission be offered
a car stipend.
Board Member Fenn stated that she is in favor of the City Commission being offered a car
stipend.
Board Member Banks asked why not give the City Commission a blank check. The Board
Member pointed out that she is an ex -employee who handled money for the City and
offered assurances that she is not against the Commission having some money and she does
not want to be misrepresented, acknowledging that an adjustment is due. She said that the
Commission needs to prove their worth and said that they should know that they're not
going to be making any money if they take the job. The Board Member also noted that all
the Board Members sitting on the dais were not being paid one penny despite them
spending time. She also reminded the Charter Review Board that the Commission had
insurance, cars and allowances and urged the Board to look at where it got the City. Board
Member Banks added that the City must get out of arrears before it can make a profit.
Additionally, she reminded the Board that they can make all the recommendations they
want to make, and send it to the Commission, but it still must go before the people in the
Charter Review Board Minutes — April 7, 2022
community which she recalled voted down previous salary increases because they felt the
Commission wasn't doing anything to warrant getting a raise at that time. She stressed that
the City is never going to get anywhere until it learns how to balance its money. Stating
on the record that she agreed the Commission should get some money and health insurance,
considering that some of them do put in a great deal of time and effort. After sharing that
she believes life insurance should be the City Commission's own thing, she recommended
that people could vote on how much they want for the City Commission's salary on the
ballot, adding that she can't make that decision because if she was to review all 5 Members
of the Commission the same as regular City Employees, their salaries would be based on
their review and some of them may not get a good review. Asserting her recommendation,
Board Member Banks concluded by reminding the Board that taxes are sky-high.
Board Chair Russell stated that Board Member Banks is very passionate and that all the
Charter Review Board Members were passionate, but she said that she tries to not look at
the City Commission Opa-locka has now and how they are performing today as her
standard, instead looking at the overall picture of where the City is in 2022.
Board Member Banks asked if Board Chair Russell needs $50 to pay something that is
going to come up next month, if she projects how much money she has.
Board Chair Russell said that you must do projections.
Board Member Banks stated that they can project this, make their recommendations to the
City Commission and they can put it on the ballot if they want to, but she pointed out that
if there's no money, the City is still not going to be able to do it. The Board Member said
she is looking at the public because she will have to go vote for it.
Board Chair Russell noted that the Charter Review Board had been provided a document
responding to their question about how the City comes out of financial emergency, pointing
out that the response stated that the answer is not monetary, but is based on the City's
ability to be current with the last 2 years of fiscal audits, ensuring that it does not exceed
90 days in paying vendors, and that all audits are completed by an outside firm that is
bonded. The Board Chair also acknowledged that Board Member Riley had pointed out
that the State of Florida has not given Opa-locka any money to bring the City out of
financial emergency despite paying its bills on time and staying within budget. She said
that she thinks the reason why the city is in financial emergency is not because it doesn't
have enough money to pay bills, but because it is behind on 1 or 2 audits and the money
was not being spent according to budgeted items.
Board Member Banks asked Board Chair Russell to put her statement on the record and
she informed the Charter Review Board that this is the 2nd time that Opa-locka has gone
into financial emergency.
Charter Review Board Minutes — April 7, 2022
Board Chair Russell acknowledged that Opa-locka had gone into fmancial emergency 2
times but said that the document that was provided to the Charter Review Board included
the answer to their question about what it would take for the City to get out of financial
emergency.
Board Member Banks asserted that the City's money must be handled in a professional
way.
Board Chair Russell agreed with Board Member Banks that the City's money must be
handled in a professional way.
Board Vice Chair Williams pointed out that if the Charter Review Board were to decide to
increase the City Commission salary, and it was voted on, the Board and voters would
simply be saying to the City Manager and their Administration that it is priority, with them
being responsible for creating a budget based on what was set as a priority. The Board
Vice Chair also noted that a budget is created every single year based on the priorities that
are set, with money being moved around to be balanced into the budget. Additionally, she
reminded her fellow Board Members that when the League of Cities presented to the Board,
they made a recommendation on what a formula could look like and she highly encouraged
them to look at a formula, adding that it didn't have to be the same formula that was
presented to them. She acknowledged that Board Member Riley made a good point, stating
that the City can't be using the same exact amount 20 or 30 years later, and said that she
wants to make sure they're setting some formula and relying on something that other
municipalities are using. Board Vice Chair Williams concluded by expressing her support
because she said it is incredibly important, acknowledging that many of the Board.
Members have made some really good comments and going on to assert that the folks who
are representing the City have to be valued because they put a lot of work, time and effort
into it and have to be shown they are appreciated and their time is respected with the right
pay.
Board Chair Russell stated that she was reminded of Representative Meek's proposed class
size amendment, which she recalled they kept saying there was no money to do it, but the
money was found once it became law and helped the children. The Board Chair
acknowledged that the Charter Review Board may not always look at it in the same light
but pointed out that they are all in agreement because Board Member Banks said she did
agree that once the City comes out of financial emergency, that something should be done.
She said that the Board is in the middle of the road on what the something that should be
done is and what it's going to look like, and she urged them to look at it with an open mind,
moving their personal feelings out of the way. Board Chair Russell said that she thinks
that she is going to make a good decision, because she is not going to make it personal.
Charter Review Board Minutes — April 7, 2022
Board Member Riley recalled that in 2016, Opa-locka was told it would be bankrupt and
could not make payroll, but he said that the City never missed the payroll and paid its bills
with no outside help. The Board Member said that the audits are a whole different thing,
but also pointed out that unlike the federal government, cities, counties and the State of
Florida are required to have a balanced budget by law and can lose a lot not having a
balanced budget. Board Member Riley also recalled that in 2017, Opa-locka was once
again told that they were not going to meet payroll and couldn't pay its vendors, but the
City got organized.
Board Member Banks lamented that in the meantime, City Departments suffered, and she
stressed that when the City has debts, all City Employees must be smart with the money.
Board Member Riley stated that everything and everybody suffered.
Board Chair Russell stated that they all agree that City Employees must be smart with the
money.
Board Vice Chair Williams stated that after reviewing Article 1.3 of the current City
Charter, she recommends that the Charter Review Board look at Opa-locka' s form of
government, stressing that she is not in support of a strong mayor government. The Board
Vice Chair shared that she has seen the mayor commission manager form of government
in many other charters and added that she thinks it is important to outline the Mayor's
responsibilities. Noting that the Mayor is doing more than what is in the Charter, as the
ceremonial head who presents the State of the City Address annually, she said that other
charters outline what the mayor is responsible for. Offering to bring some research that
she's done to find examples like the City of Miami Gardens, the Board Vice Chair also
encouraged her fellow Board Members to do some research as well. She also said that she
thinks they must realize that the Commission is not just equal and are not all doing the
exact same thing, adding that when a representative calls, often they're calling to have the
Mayor go and represent the City, which is more work on that person, and she stressed that
they should probably look at the responsibilities that are put on the Mayor.
Board Member Riley informed the Charter Review Board that Opa-locka had a strong
mayor form of government from 1926 to 1956 and stated for the record that he does not
have a problem with a strong mayor form of government.
Board Chair Russell stated that she thinks the position of Chief of Police should not be the
sole responsibility of the City Manager, adding that she thinks the City of Miami Gardens
does it in a different way with the Commission choosing the Chief along with the Manager.
The Board Chair said that she thinks the Chief is such an important position in a
community, that it should not be left to just one person to make the decision.
Charter Review Board Minutes — April 7, 2022
Board Member Edmonson stated that when the City Commission is involved, it becomes
political and you want the Chief of Police to be a professional and not someone who can
win 3 votes, adding that it is why you see the Manager promoting and hiring the Chief, just
about everywhere.
Board Chair Russell said that she was not saying they don't get it right, but that although
the City Manager appoints the Chief of Police in Opa-locka, that it still seems kind of a
political thing and stressed that she thinks something else needs to be put into place for the
process to choose a Chief because it is such a high-level position. The Board Chair clarified
that she was not proposing that just the Mayor and Manager hire the Chief, but that she
was thinking about the whole City Commission. She said that she understands what Board
Member Edmonson said about making it very political but asserted that she thinks
something else needs to go into choosing the Chief.
Board Member Riley agreed that you want to keep politics out of the selection of the Police
Chief, and he suggested that there could be an authorized select committee, and he also
said that in some municipalities the City Manager has the final say in hiring the Chief but
needs the advice and consent of the Commission for termination of the Chief.
9. PUBLIC COMMENT:
Please limit to not more than three (3) minutes
Ms. Dorothy Johnson of 13724 NW 22nd Place recalled that an attempt was made in 2022
to get a higher salary for the City Commission, but it was turned down by the voters, but
they finally got it to $550. She recommended that the Charter Review Board be progressive
with whatever formula they may use for the salary, so that it would increase by a certain
percentage every certain number of years. Ms. Johnson also said that she is looking
progressively at the Police Department and suggested that perhaps the Chief of Police
needs to be elected by the people, not just in the City of Opa-locka, in consideration of
public safety. Recalling having been very active and compassionate during the last Charter
Review process, Ms. Johnson said that as a certified and trained human resource manager,
she joined her colleagues to make sure that other provisions would be available to City
Employees when they took the Civil Service Board out of the Charter, so that it didn't have
to be voted on by the voters in the City with it being a better fit in the City's Code of
Ordinances, giving the City Commission the flexibility to make sure that the Employees
always had representation. Ms. Johnson went on to state that she was on the Commission
from 2002 to 2014 and stated her position that the public hearings for the ordinances for
proposed budget amendments are so critical, lamenting that the City hasn't done a good
job promoting community engagement, but stressing that when it came down to money
and the budget, the taxpayer constantly had input and an opportunity to share their view.
She also shared that she was told she could only use her car for City business and said she
Charter Review Board Minutes — April 7, 2022
never used it for anything except for City business and had the lowest mileage, but she said
that when she found out people were going to Homestead to do their job, she started using
hers. Ms. Johnson said that she thinks carpooling and making a certain number of cars
available that the Elected Officials can use, is a great idea and she said they can be
maintained under the jurisdiction of the City Manager through the Public Works
Department. She also stated that she is a stickler for providing the public with whatever
the City Commission gets, and urged City Staff to always be expecting, adding that she
was happy to see the copy of the Charter and handouts provided by the City Clerk's Office.
Ms. Johnson added that she doesn't give a lot of hats off, and despite it being her first
Charter Review Board Meeting, she expressed appreciation for the dialogue despite her
belief that the parliamentarian was not adhered to. She concluded by urging the Charter
Review Board Members to know that they are speaking for multiple people who may not
have a voice and are depending on them.
Board Chair Russell apologized to Ms. Dorothy Johnson that the handout passed out by
Budget Administrator Anathan was not available for the audience, recalling that she has
heard Ms. Johnson say many times before that whatever the Board gets the public should
have too. The Board Chair committed to making sure it is being done in the future as
much as they can control.
There being no additional members of the public to address the Charter Review Board,
Board Chair Russell closed Public Comment.
10. ITEMS FOR NEXT MEETING AGENDA:
Board Chair Russel asked if the Public Input Workshop had been set.
Deputy Clerk Wills stated that the Public Input Workshop had not been scheduled yet
because feedback was needed from the Charter Review Board on how they wanted to
handle that. The Deputy Clerk reminded the Board that at their last Meeting, they discussed
whether they wanted to schedule the Workshop during one of their regularly scheduled
meetings, during an additional separate date or possibly prior to one of the City
Commission Meetings where the public already comes in larger numbers and could
potentially come a little earlier to attend the Workshop and provide the Board feedback.
Board Chair Russell asked to confirm if May was the deadline to have the proposed Charter
amendments submitted to the City Clerk's Office so that they can get on the ballot.
Deputy Clerk Wills confirmed that the deadline for Charter amendments to be submitted
to appear on the ballot for the August primary election was in May.
Charter Review Board Minutes — April 7, 2022
Board Chair Russell stated that she thought everybody agreed to schedule the Public Input
Workshop during one of the Charter Review Board's regularly scheduled meetings, so they
don't have to add another night, and she proposed that the Workshop be scheduled during
their first meeting in May.
Deputy Clerk Wills stated that the Public Input Workshop would be scheduled on
Thursday, May 5th.
12. ADJOURNMENT:
There being no further business to come before the Charter Review Board, it was moved
by Board Member Riley, seconded by Board Member Banks to adjourn the meeting at 7:46
p.m.
Jannie Russe
Board Chair
ATTEST:
Joan Flores, CMC
City Jerk
Charter Review Board Minutes — April 7, 2022