§ 4.05. Administrative affairs; Council participation.

(a)

Prohibitions. Except as otherwise specifically authorized by the Charter, neither the Council nor any of its members, may do any of the following, whether publicly or privately, directly or indirectly, individually or collectively:

(1)

direct or request the appointment or removal of any employee of the City to or from any position with the City by the Mayor or by any of the Mayor's subordinates;

(2)

take part in the appointment or removal of any employee of the City to or from any position with the City;

(3)

direct or request the removal of any member of a board or commission of the City who was confirmed by City Council, except through a quasi-judicial hearing for the removal of a member for cause as authorized by applicable law;

(4)

direct or request the removal of any member of a board or commission who was appointed by the Mayor, except through a quasi-judicial hearing for the removal of a member for cause as authorized by applicable law; or

(5)

give any order to any employee of the City or any member of any board or commission appointed or confirmed by City Council or appointed by the Mayor.

(b)

Inquiry as to administrative service. Except as authorized by the Charter, any inquiry dealing with any portion of the administrative service of the City shall be with the Mayor, the City Administrator, or the Mayor's designee when that designation is made in writing.

(c)

Violations. Any violation of the provisions of this section by a member of the Council shall be grounds for removal from office under Section 3.04(c).

(d)

Appointment of certain high-level staff positions. This section does not prohibit any individual Council Member from expressing a personal opinion concerning the appointment by the Mayor of any chief or administrator-or-higher management-level employee or the creation of any new position classified as management or professional non-management; or

(e)

Appointment or removal of City Council Office staff. This section does not prohibit any individual Council Member from expressing a personal opinion concerning the appointment or removal by the Mayor of any employee who works for City Council in the City Council Office. If, at a Council meeting or a Committee of the Whole meeting, the City Council takes formal action to make a collective recommendation concerning the appointment or removal by the Mayor of any employee who works for City Council in the City Council Office and the Mayor does not follow that recommendation, then the Mayor shall provide written justification to the City Council identifying the reasons for not following the recommendation within ten days of that decision.

(f)

Appointment of board or commission members. This section does not prohibit any individual Council Member from providing information or expressing an opinion related to the appointment of any member of a board or commission of the City.

(g)

Permitted Contact with City staff.

(1)

The finances of the City shall, under the direction of the Council, be examined and audited by a certified public accountant at least once a year. The financial audit shall be a certified audit with no exceptions, and all reports and recommendations of the auditor shall be directed to the Council. City Council, at any time, shall be permitted to conduct a management evaluation, by a professional consultant, of the administrative activities of the City, or any portion thereof, under the direction of City Council. At least once every two years, the City Council shall discuss and make a decision as to whether or not any such an audit is needed. The management evaluation and all reports and recommendations shall be directed to the Council.

(2)

The Council or any member thereof may request information of the Mayor or the Mayor's subordinates in a form that presently exists and could be obtained by a public record request under Florida law, subject to such reasonable regulations of use as City Council may prescribe by ordinance or resolution from time to time.

(Ord. No. 1012-F, § 16, 1-7-1988, ratified 3-8-1988; Ord. No. 81-G, § 2.7, 2-25-1993, ratified 3-23-1993; Charter Review Commission, Amendment 3, ratified 3-27-2001; Charter Review Commission, Amendment 3, ratified 11-8-2011; Ord. No. 119-H, § 3, 8-7-2014, ratified 11-4-2014; Ord. No. 288-H, § 3, ratified 11-7-2017)