Treasure Island tackles touchy autonomy question
By DAVE SHELTON
Article published on Tuesday, Feb. 22, 2005  |
TREASURE ISLAND – The charter requires the City Commission to appoint a “city clerk,” according to the city attorney.
Adopted in 1978, the charter provides for four charter officers: city clerk, deputy clerk, city manager and city attorney, to be appointed by the City Commission and serve under the commission.
But the city has never had a separate “city clerk.” It has a “deputy city clerk,” who works under the city manager.
City Attorney Maura Kiefer said a city clerk is traditionally an important part of local governmental operations.
“This is an old-line, time-honored position,” said Kiefer at the commission’s Feb. 15 workshop. “I’m from New England where the town clerk is kept in its own category.”
She said traditionally, and according to the Treasure Island charter, the clerk is responsible for keeping all public records and ensuring none is destroyed, altered or lost.
Commissioner Alan Bildz has asked that the commission appoint “deputy clerk” Jennifer Nye as “city clerk.”
Blidz’s request was firmly opposed last week by City Manager Ralph Stone. He said that the city has always left the clerk’s duties to its city managers.
Allowing the manager to do the clerk’s duties is allowed, he said, by the charter which says, “Until such time as the commission shall appoint a city clerk, the city manager shall exercise all the duties, functions and powers of the city clerk ... ,” as quoted in the city manager’s report.
In 1991, the city asked the Florida Attorney General if it could continue having the manager act as the city clerk. The Attorney General approved this interpretation of the city charter, Stone told the commission.
“Historically, this system has worked for us for a long time,” said Mayor Mary Maloof.
But, Kiefer advised that the commission had to name a deputy clerk.
The issue of the city clerk becomes somewhat complicated because Nye already works as one of Stone’s department heads, not under the commission’s supervision as required by the charter, according to Kiefer.
As to the commission appointing Nye, the manager said the city would have to set up a salary, provide her with an office, a budget and staff, as well as deal with an employment contract and annual reviews as it does with the manager and attorney. He said none of this would be possible in the city’s 2004-2005 budget.
“These are things I don’t think the commission needs to spend its valuable time on,” Stone said.
He said that in making the city clerk a political appointment, it could detract from the “class, professional office” that Nye now heads under his direction.
Stone said that the city’s charter review committee last year found no reason to amend the clerk’s position during last year’s charter review, which resulted in revisions that are on the March 8 ballot.
Stone’s conclusion was disputed by the charter committee’s chairman John Hadsall and Marie Barba who served on the committee.
“We discussed this wording and concluded that as long as the city commission did as it was required, the charter didn’t need to be amended,”said Hadsall.
He pressed the commission to make the appointment of city clerk.
Nye currently is completing her studies to obtain state recognition as a Certified City Clerk. She said she expects to have the certification within two months.
Stone said that Nye only serves some of the functions assigned to a city clerk. He said she only keeps records of the city commission, for example, while other members of the manager’s staff serve other city agencies such as the planning and zoning board.
The manager also said that if the city clerk served the commissioners instead of the manager, the clerk could come under political pressures, especially at election time.
Stone emphasized that he had no question of Nye’s abilities.
Commissioner Richard Kraus said he was concerned that if the commission waits too long, the city could lose Nye to a more lucrative position in another city. He said she is well known among the other beach communities.
The commission asked Kiefer and Stone to further investigate the city’s legal positions and report back within a month. Commissioner Phil Collins said Nye would be certified before the city took action to fill or not to fill the clerk’s position.
Tolls suspended westbound
In other business, the commission agreed to suspend all tolls on the westbound lanes of the Treasure Island Causeway from 4 to 7 p.m. daily. During these hours, a $1 toll – double the current one-way fare – will be collected on the eastbound lanes. The change in rates is being done to alleviate rush hour traffic backups.
Commissioner Ed Gaydos said that the change might deter people from using the drawbridge and could reduce revenues by up to 30 percent. He said the backups are caused more by people asking directions, trucks turning around and the current construction on the causeway.
The commission decided that if revenues begin to drop, tolls could be reverted to the former 50 cents in both directions.
A hitch in the toll changes could arise, said Public Works director Don Hambidge. He said the decades-old computer software that controls the toll collections might pose problems that could delay or forestall any changes.
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Article published on Tuesday, Feb. 22, 2005
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