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§7.06TREASURE ISLAND CODEcommission fails to repeal the referred ordinance within sixty (60) days after the date thispetition was finally determined sufficient, it shall submit the referred ordinance to the electorsof the city.(b) Submission to electorate. The vote of the qualified electors of the city on a proposed orreferred ordinance shall be held not less than sixty (60) days and not later than one hundredtwenty (120) days from the date that the petition was determined sufficient. If no regular cityelection is to be held within the period described in this subsection, the commission shallprovide for a special election, except that the commission may, at its discretion, provide for aspecial election at an earlier or later date within the described period. Copies of the proposedor referred ordinance shall be made available at the polls.(c) Withdrawal of petitions. An initiative or referendum petition may be withdrawn at anytime prior to the fifteenth day preceding the day scheduled for a vote of the city by filing withthe city clerk a request for withdrawal signed by no less than seventy-five (75) percent of thepetitioners' committee rounded up to the next whole number. Upon the filing of such request,the petition shall have no further force or effect and all proceedings thereon shall beterminated.(Ord. No. 10-22, § 1, 12-21-10/3-8-11; Ord. No. 10-31, § 1, 12-21-10/3-8-11)Section 7.07. Results of election.(a) Initiative. If a majority of the qualified electors voting on a proposed initiative ordinancevote in its favor, it shall be considered adopted upon certification of the election results. Ifconflicting ordinances are approved at the same election, the one receiving the greatestnumber of affirmative votes shall prevail to the extent of such conflict.(b) Referendum. If a majority of the qualified electors voting on a referred ordinance voteagainst it, it shall be considered repealed upon certification of the election results.(c) Amending or repealing initiative or referendum law. Any local ordinance voted intoeffect, or repealed, by the electorate pursuant to initiative or referendum procedures,respectively, as set forth in this Charter, shall only be subsequently amended or repealed bythe electorate at the polls. This section shall be retroactive, as allowed by general law. Thissection shall not be construed to prevent the city commission from adopting Charteramendments, or initiated ordinances, through the procedures set forth above in sections6.02(a) and 7.01, respectively. Nor shall it be construed to prevent the city commission fromplacing ballot questions, on its own motion, for consideration or reconsideration by theelectorate, of any initiative or referendum ordinance.(Ord. No. 05-07, § 1, 1-11-05; Ord. No. 10-23, § 1, 12-21-10/3-8-11)ARTICLE VIII. TRANSITION SCHEDULESection 8.01. Continuation of former Charter provisions.All provisions of Laws of Fla. ch. 31322, (the former Charter), as amended by special law orotherwise which are not inconsistent with this Charter, shall become ordinances for the citysubject to modification or repeal in the same manner as other ordinances of the city.Supp. No. 14CHT:2010

CHARTER§ 8.05Section 8.02. Ordinances preserved.All ordinances in effect upon the adoption of this Charter, to the extent not inconsistent withit, shall remain in force until repealed or changed as provided herein.Section 8.03. Rights of officers, employees.Nothing in this Charter except as otherwise specifically provided shall affect or impair therights or privileges of persons who are city officers or employees at the time of adoption.Elected officers shall continue to hold their offices and discharge the duties thereof until theirsuccessors are elected.Section 8.04. Pending matters.All rights, claims, action, orders, contracts and legal or administrative proceedingsinvolving the city shall continue except as modified pursuant to the provisions of this Charter.Section 8.05. Schedule.(a) Time of taking full effect. This Charter, if adopted by the electors, shall be in full forceand effect for all purposes after filing with the secretary of state for the State of Floridapursuant to Florida Statutes.(b) First commission meeting. On the first regular meeting of the city commission followingthe filing of the adopted Charter, the city commission shall organize under the provisions ofArticle III of this Charter.(c) Transition ordinances. The commission shall adopt ordinances and resolutions requiredto effect the transition. Ordinances adopted within sixty (60) days of the first commissionmeeting under this Charter for the purpose of facilitating the transition may be passed asemergency ordinances following the procedures in Article III except that transition ordinancesshall be effective for up to ninety (90) days after enactment. Thereafter, such ordinances maybe readopted, renewed or otherwise continued only in the manner prescribed for normalordinances in Article III.(d) Initial salary of commission members, mayor. Members of the commission shall receivean annual salary in the amount of 5,400.00 and the mayor shall receive an annual salary inthe amount of 7,800.00. Commissioners, including the mayor, may be authorized to receivereimbursements for any extraordinary travel or other expenses incurred in connection withofficial duties inside or outside Pinellas County; provided, however that such expenses shall beexpressly and specifically authorized by resolution of the city commission. The foregoingsalaries for the mayor and commission shall remain effective until changed by ordinance butshall not be increased until provided for, budgeted and adopted in the city's fiscal budget forthe budget year following the adoption of said ordinance.(Ord. No. 79-12, § 1, 11-6-79; Ord. No. 87-6, § 1, 9-15-87; Ord. No. 90-11, § 1, 9-18-90; Ord. No.96-11, 9-24-96)Supp. No. 14CHT:2111

§ 8.06TREASURE ISLAND CODESection 8.06. Deletion of obsolete schedule items.The commission shall have power, by resolution, to delete from this Article VIII any section,including this one, when all events to which the section to be deleted is or could becomeapplicable have occurred.Supp. No. 14CHT:2212

AGENDA ITEM NO. D3.Item Cover PageCHARTER REVIEW COMMITTEE AGENDA ITEM REPORTDATE:April 14, 2022SUBMITTED BY:Jennifer Cowan, AdministrationITEM TYPE:Request to CommissionAGENDA SECTION:Items of BusinessSUBJECT:Review, Discuss & Approve Draft Memo to Commission.BACKGROUND:POLICY/PURPOSE:STRATEGIC TTACHMENTS:Draft Memo to Commission from Charter Review re Charter Amendments13

CITY OF TREASURE ISLANDAGENDA COVER MEMORANDUMMarch 11, 2021Item No.DATE:March 11, 2022TO:City CommissionFROM:Charter Review CommitteeSUBJECT:Charter AmendmentsThe Charter Review Committee (“Committee”) has met over the last 6 months and nowprovides the following recommendations of Charter revisions for the City Commission’s(“Commission”) consideration. Each of these changes would be developed into aseparate referendum question to be presented to the public, should the Commissiondesire to move forward with the recommended change.Article III, Section 3.30 - There are three changes to this section that are recommended.The first recommended change is to revise the Charter to change the terms of thecommissioners. Specifically, the change would allow for district-commissioners terms tobe extended from two years to three years of service and stagger the terms starting datesto provide that in no year will the majority of the Commission change by election. TheCommittee felt that two years was too short of a term and that all members of theCommission, whether district-commission or mayor- commissioner, should serve thesame length of term. The Committee felt that staggering the terms so that the mayorcommissioner is elected one year, the even numbered district-commissioners anotheryear, and the odd numbered district-commissioner a different year, would provide forstability of the Commission. To facilitate this change, a commissioner would need toserve a one time 4-year term and the Committee felt it was most appropriate to have themayor-commissioner serve that term. Please see the chart below:Seat/DistrictMayorCurrentLengthofTerm3 yearsDistrict 1 & 32 yearsDistrict 2 & 42 yearsCurrent TermAmended Lengthof TermNextTerm –Amended Charter2021202420212023202220243 years2024202720232026202420273 years3 yearsOption toadjust toStaggered TermsNewtermsAfterStaggered2024-2028 2028-20312023-2026 2026-20292024-2027 2027-2030Page 114

The second recommended change is to revise the Charter to provide that districtcommissioner are elected at large while still having the requirement of being a qualifiedelector of the district in which he or she serves. The Committee felt the City was too smallto have representatives, who make city-wide decisions, be elected by a small group ofresidents. Please note that should this change be adopted, then the need for aRedistricting Commission and the criteria for setting the district’s boundaries should berevised in Article V of the Charter.The third recommended change is to revise the Charter to provide that both districtcommissioners and mayor-commissioners are term limited.Specifically, eachcommissioner will be limited to 9 years of service as a district-commissioner and 9 yearsof service as a mayor-commissioner. These nine years do not need to be consecutiveand are over the lifetime of the individual. The maximum one person could serve the Cityas an elected official is nine years as a district-commission and nine years as a mayorcommissioner, totaling a maximum of 18 years. The Committee desired this changebecause they felt nine years was long enough to make a difference. The Committeewanted to ensure there were no career commissioners, eliminate name recognition fromelections, and remove any incumbent advantage. The Committee expressed concernthat the longer an individual is in an elected position the more susceptible the individualis to corruption and therefore, limiting the number of terms would serve to alleviate andprevent corruption.Given all of these changes, the proposed charter language would be as follows:The regular election of the city commission shall be held on the secondTuesday in March of each year unless otherwise provided by law, in themanner provided in Article V of this Charter and shall be for two-yearterms for district commissioners, and a three-year term for the mayorcommissioner, commencing on the Tuesday after the candidates'election of the year elected, and such term shall continue until theTuesday after such person's successor is elected. Beginning in March2023, the district-commissioners shall be elected for three year terms asdescribed below and shall serve for no more than three full three yearterms as a district-commissioner. Beginning in March 2024, the mayorcommissioner shall be elected as described below and beginning inMarch 2028, the mayor-commissioner shall serve for no more than threefull three year terms as a mayor-commissioner.The mayor-commissioner shall be elected by the qualified electors atlarge for an initial three-year term commencing on the first Tuesday inMarch of 1997, a four year term on the second Tuesday in March of 2024and an initial three year term on the second Tuesday of March in20062028 and in every third year thereafter. The commissioners fromdistrict 1 and district 3 shall be elected by qualified electors at large foran initial three-year term on the second Tuesday in March 2023 for athree year terms from within their respective districts in odd-numberedyears and the commissioners from district 2 and district 4 shall be electedby the qualified electors from within their respective districts in evenPage 215

numbered years at large for an initial three-year term on the secondTuesday in March 2024.Article III, Sections 3.09 - There is a change to this section that is recommended.The recommended change is to revise the Charter to allow for municipal borrowing to beconducted by resolution, instead of ordinance. This was a staff recommended changebased on the market driven change. The Committee recognized the difficulty inmaintaining a rate while a borrowing goes through two readings, taking up to a month,instead of holding a rate for two weeks to allow for one reading of a resolution.The proposed charter language would be as follows:"Ordinance" means an official, legislative action of the commission,which action is a regulation of a general and permanent nature andenforceable as a local law."Resolution" means an expression of the board of commissionersconcerning matters of administration, expression of a temporarycharacter, or a provision for the disposition of a particular item of theadministration business of the board of commissioners.(a) Form. Each ordinance or resolution, except [a] budget ordinance,shall be introduced in writing and shall embrace but one subject andmatters properly connected therewith. The subject shall be clearly statedin the title. No ordinance shall be revised or amended by reference to itstitle only. Ordinances to revise or amend shall set out in full the revisedor amended act, section, subsection, or paragraph of a section orsubsection.(b) Procedure. Ordinances shall be adopted in accordance with theprocedures set forth by state law.(c) Effective date. Except as otherwise provided in this Charter, everyadopted ordinance shall become effective in accordance with theprovisions as set forth by state law.(d) Action requiring an ordinance. In addition to other acts required bylaw or by specific provision of this Charter to be done by ordinance, thoseacts of the city commission shall be by ordinance which:(1) Adopt or amend an administrative code or establish or abolish anycity department or agency;(2) Establish a rule or regulation the violation of which carries a penalty;(3) Levy taxes authorized by general law;(4) Grant, renew or extend a franchise;Page 316

(5) Set service or user charges for municipal services or grantingadministrative authority for such charges by resolution;(6) Authorize the borrowing of money not inconsistent with the limitationsin the constitution and general law of the state and this Charter;(7) Convey or lease or authorize by administrative action the conveyanceor lease of any lands of the city not inconsistent with the limitations setforth in this Charter;(87) Amend or repeal any ordinance previously adopted, except asotherwise provided in Article VII with respect to repeal of ordinancesreconsidered under the referendum power.Article III, Sections 3.09 and 3.10 - There is a change to this section that isrecommended.The recommended change is to revise the Charter to be consistent with the changeprovided for in section 3.09 allowing municipal borrowing to be conducted by resolution,instead of ordinance.The proposed charter language would be as follows:To meet a public emergency affecting life, health, property or the publicpeace, the commission may adopt one or more emergency ordinances,but such ordinances shall not levy taxes, grant, renew or extend afranchise, or set user or service charges for any municipal services orauthorize the borrowing of money except as provided under theemergency appropriations provisions of this section.Form. An emergency ordinance shall be introduced in the form andmanner prescribed for ordinances generally, except that it shall be plainlydesignated in a preamble as an emergency ordinance and shall containafter the enacting clause, a declaration stating that an emergency existsand describing it in clear and specific terms.Procedure. An emergency ordinance may be adopted with or withoutamendment or rejected at the meeting at which it is introduced, but theaffirmative vote of three (3) members of the commission shall be requiredfor adoption. After its adoption, the ordinance shall be published andprinted as prescribed for other adopted ordinances.Effective date. Emergency ordinances shall become effective uponadoption or at such other date as may be specified in the ordinance.Repeal. Every emergency ordinance except emergency appropriationsshall automatically stand repealed as of the sixty-first day following thedate on which it was adopted, but this shall not prevent reenactment ofPage 417

the ordinance under regular procedures, or if the emergency still exists,in the manner specified in this section. An emergency ordinance mayalso be repealed by adoption of a repealing ordinance in the samemanner specified in this section for adoption of emergency ordinances.Emergency appropriations. The commission may make emergencyappropriations in the manner provided in this section. To the extent thatthere are no available unappropriated revenues to meet suchappropriations, the commission may by such emergency ordinanceauthorize the issuance of emergency notes which may be renewed asnecessary.Article IV, Section 4.06 - There is a change to this section that is recommended.The recommended change is to revise the Charter to delete this section entirely. Thiswas a staff recommended change. The Committee recommends this change becausethe current language in the Charter is antiquated and the personnel system is one that isgenerally created through ordinance, thereby allowing the Commission to make revisionsas necessary to account for changes in the law, profession, and community.The proposed charter language would be as follows:All appointments and promotions of city officials and employees exceptthose specifically exempted by ordinance, shall be made solely on thebasis of merit and fitness demonstrated by examination or other evidenceof competence and to this end, the commission shall, by ordinance,establish a career service system.Article IV, Section 4.10 - There are two changes to this section that are recommended.Both of these changes were recommended by staff.The first change is to clean up the language in section (a) and (a)(3) of this section toremove antiquated language and provide for the current method of providing an annualbudget and detailing the income and expenditures of City owned or operated utilities.The second change is to subsection (b) to remove the current language restrictingmunicipal borrowing. The Committee heard from the City’s legal counsel, bond counsel,City Manager and financial advisors regarding these restrictions and the impediment therestrictions presented during the City Center municipal borrowing. These restrictions areantiquated, place the City in a disadvantaged position when borrowing, and unreasonablyrestrict municipal borrowing, which is already restricted by the Constitution and statestatutes. In an effort to put the City in the most competitive position to provide thetaxpayers with the most advantageous terms when borrowing, the Committeerecommends striking the following Charter restrictions and adopting a municipalborrowing policy.Page 518

Given these changes, the proposed charter language would be as follows:(a) Budget, budget message. The city manager shall submit the annualbudget and budget message in a manner and form to be specified byordinance. The budget message shall outline proposed financial policiesfor the city for the ensuing fiscal year, shall take into consideration majorchanges from the current year of financial policies, expenditures andrevenues and shall likewise take

D. Items of Business . D.1 Article 6 - General Provisions. City Attorney Jennifer Cowan introduced Article #6, General Provisions. This chapter of the charter lays out the process for the Charter Review Committee and for amending the Charter. The Charter Review Committee may make charter amendment recommendations to the City Commission.