CITY CHARTER

PREAMBLE

We the people of the City of DeFuniak Springs, Florida, under the Constitution and laws of the United States of America and the State of Florida, in order to provide the benefits of local government responsive to the will and values of our citizens, do hereby adopt this Charter to define the powers and structure of our government. By this action, we secure the benefits of home rule and affirm the values of representative democracy, professional management, strong political leadership, citizen participation, and regional cooperation. We believe in an open, responsive government that abides by the highest ethical standards and operates as a careful steward of the human, fiscal, and natural resources of our city; that allows for fair and equitable participation of all persons in the affairs of the city; that provides for transparency, accountability, and ethics in governance; that fosters fiscal responsibility; and that meets the needs of a healthy, progressive city while preserving our cultural heritage and historical character. This Charter establishes a city government whose duty is to provide a level of services that exceed those provided in unincorporated regions of Walton County, Florida. The overall goal of this Charter is to establish a mechanism that enables the city to achieve a high quality of life for its residents during the twenty-first century. 

ARTICLE I – CREATION, POWERS, AND CONSTRUCTION

SECTION 1.01 – CREATION AND POWERS 

The municipal corporation now existing and known as the City of DeFuniak Springs located in Walton County Florida, within the boundaries set forth by this Charter, was incorporated on July 30, 1901 pursuant to general law. The City shall have all governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services. The City may exercise any power for municipal purposes except when expressly prohibited by law. 

  1. The City of DeFuniak Springs shall have all the powers granted to municipal corporations and cities by the Constitution and laws of the United States and of the State of Florida and by this Charter. 
  2. The City of DeFuniak Springs may borrow money, contract loans and issue bonds (general obligation or revenue) to finance the undertaking of any capital or other projects for the purposes permitted by the State Constitution and may pledge the funds, credit, property and taxing power of the municipality for the payment of such debts and bonds. 
  3. The police powers of the City of DeFuniak Springs granted under this Charter shall extend to and be in full force and effect upon all property within the corporate boundaries. 

SECTION 1.02 – INTERGOVERNMENTAL RELATIONS 

The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more municipalities, political subdivisions or districts or agencies of the State of Florida or any other state or the United States or any agency thereof as to the extent permitted by law. 

ARTICLE II – BOUNDARIES 


The corporate boundaries of the City of DeFuniak Springs shall remain fixed and established as they exist as of the date this Charter takes effect, provided that the City shall have the power to change its boundaries in the manner prescribed by law. The boundaries of the City shall be defined by metes and bounds with official records being kept by the City Clerk on an illustrated map.

ARTICLE III – GOVERNANCE 


SECTION 3.01 – FORM OF GOVERNMENT AND COMPOSITION 

The form of government shall be a Council-Manager form. The Council shall hereinafter be called the “City Council” and shall constitute the legislative body. The Mayor and the City Manager shall constitute the executive body. The elected City Marshal shall be part of the Executive Branch and shall work in conjunction with the Mayor, City Clerk, and City Manager. This form of government shall not be abolished or modified except by referendum. 

SECTION 3.02 – CITY OFFICIALS 

The City shall have nine (9) Charter-level positions. These are defined as: five councilmembers consisting of the City Council, the City Manager, the Mayor, the City Marshal, and the City Clerk. These persons are known as City Officials and also as Charter Officers. The nine positions are filled as follows: 

  1. The City Council, with all legislative powers vested therein, shall consist of five (5) councilmembers elected by the voters of the City as provided herein and in accordance with election procedures established by ordinance. 
  2. The City Manager shall be appointed by the City Council. 
  3. The Mayor shall be elected by the voters of the City as provided herein and in accordance with election procedures established by ordinance. 
  4. The City Marshal shall be elected by the voters of the City as provided herein and in accordance with election procedures established by ordinance. 
  5. The City Clerk shall be appointed by the City Manager. 

SECTION 3.03 – TERM OF OFFICE

  1. Each seat on the City Council is hereby designated as Seat number 1, 2, 3, 4, and 5, respectively. 
  2. The Councilmembers, Mayor and City Marshal shall hold office for a term of four (4) years. i. At the 2021 general municipal elections; the Mayor and two (2) Councilmembers shall be elected to Council Seat numbers 4 and 5, respectively. Thereafter general municipal elections for Council Seat numbers 4, 5, and the Mayor shall be conducted every four (4) years. ii. At the 2023 general municipal elections, the City Marshal and three (3) Councilmembers shall be elected to Council Seat numbers 1, 2, and 3, respectively. Thereafter general municipal elections for Council Seat numbers 1, 2, 3, and the City Marshal shall be conducted every four (4) years. 
  3. The Councilmembers, the Mayor, and the City Marshal shall serve until their successor has been qualified, elected, and sworn or affirmed to the oath of office. 

SECTION 3.04 – ELECTIONS

  1. The general and special elections of the City shall proceed as prescribed by provisions of this Charter, and the election ordinances of the City, State law, and the rules and regulations of the Walton County Supervisor of Elections. 
  2. All elections to the office of Councilmember, the Mayor, and the City Marshal shall be on a nonpartisan basis without regard for the candidate’s political party affiliation. 
  3. Municipal elections shall be conducted every two (2) years to fill positions of the Officer whose terms are expiring.
  4. General municipal elections shall be held on the second Tuesday in April.
  5.  If fewer than two (2) persons qualify for nomination to an elected position, or if the death, withdrawal, or removal from the ballot of a qualified candidate following the end of a qualifying period leaves fewer than two (2) nominees, the qualifying nominee shall be deemed elected upon the closing of the qualification period. 
  6. In the event of a tie vote in a general or special election, the tie shall be resolved by drawing lots. 
  7. Councilmembers, the Mayor, and the City Marshal shall begin their term of office at the next regular City Council meeting following the certification of ballots by the City Clerk after the general election. The City Council will convene at that time for the purpose of announcing the election results and the newly elected officials shall swear or affirm to the oath of office at that meeting. 

SECTION 3.05 – QUALIFICATIONS OF CANDIDATES, AND ELECTED OFFICIALS

  1. The five (5) Councilmembers, the Mayor, and the City Marshal shall be elected at large without regard to district or subdivision. 
  2. Candidates for City Council, City Marshal, and the Mayor shall be a qualified elector of the City of DeFuniak Springs at the time of qualifying for the position and shall remain a qualified elector for the duration of their term of office. 
  3. No person shall be eligible for the office of City Marshal who does not: (a) hold a certification as a law enforcement officer as provided by Florida law, (b) have at least five years of experience working as a certified law enforcement officer, and; (c) meet all other requirements to hold office as may be set by ordinance. 
  4. The City Clerk will serve as the custodian of all forms, documents, and filings. Petitions and other forms may be obtained from the City Clerk. 
  5. Qualifying for City elected offices shall commence on the second Monday of January in the year of the scheduled election and shall last until the third Friday of that month. Candidates desiring to qualify by petition shall have all petitions submitted for verification no later than the third Tuesday of that month. 
  6. Every candidate for City Council, Mayor, and City Marshal shall be nominated for such office by satisfying all applicable requirements for qualifying and by either (1) paying a qualifying fee, as set forth by City ordinance, or (2) by filing a petition providing the following information: 

i. The nominee’s name, place of residence, and the position sought by the candidate, and for City Council positions the seat number sought by the candidate. 

ii. The signatures of no fewer than three percent of qualified electors of the City. Each signature shall be made in a manner approved by the State of Florida and County Supervisor of Elections, and the residence address of each signatory shall be provided. Each signature shall be dated, with said date being no earlier than January 1st of the year of the scheduled election for which the candidate seeks to qualify. Signatures shall be verified by the Supervisor of Elections at the candidate’s expense. 

SECTION 3.06 – COMPENSATION OF ELECTED OFFICIALS

  1. The Councilmembers, Mayor, and City Marshal shall receive compensation, to include salary, benefits as set forth by the City’s annual budget. 
  2. Any changes to the compensation of Councilmembers, or Mayor, will not take effect until the next general City election for those respective positions. 
  3. The annual compensation for the City Marshall, including salary, benefits, expense allowance, and all other forms of compensation shall be determined on an annual basis as part of the City’s budget. The City Council shall not, however, reduce the annual compensation of the City Marshal to an amount less than the amount in effect at the time the City Marshal qualified for the current term of office that is being served. In the event that the City Marshal and four (4) affirmative votes of the City Council agree, a reduction in annual compensation may occur. 

ARTICLE IV – VACANCY OF ELECTED OFFICIALS SECTION 4.01 – VACANCIES

  1. A vacancy shall be created by the term expiration of a Councilmember, the Mayor, or the City Marshal and shall be filled by an election in accordance with Section 3.04 and 3.05.
  2. If a Councilmember, the Mayor, or the City Marshal relocates out of the city, due to a declared emergency or loss of residence due to emergency circumstances, the elected official shall have six (6) months to re-establish residency within the City. A one-time extension of no more than six months may be granted by majority vote of the City Council. If the elected official is unable or unwilling to re-establish residency within the City after the provided deadline, the Council Seat, the Mayor, or City Marshal will be declared vacant at the close of business on the day of the final deadline. At no time may the City Marshal relocate outside of Walton County without the office being declared vacant. 
  3. A vacancy shall be created by the submission of a letter of resignation, when an elected official fails to meet a residency requirement as set forth above or when an official  position becomes vacant upon death, declaration of mental incompetency, or removal from office in any manner authorized by law. The vacancy shall be filled as follows: 

i. When a vacancy occurs in the office of Mayor or City Council, a member of the present council shall nominate a qualified person, as defined in section 3.05, to fill the vacancy. 

ii. The vacancy shall be filled only by a majority vote of the City Council. 

iii. Any individual filling a vacancy shall serve for the remainder of the unexpired term for which they were appointed. 

iv. When a vacancy occurs in the office of the Mayor or City Council, an appointment shall occur within three (3) regular meetings of the City Council. 

v. When a vacancy occurs in the office of City Marshal, the City Manager shall immediately appoint an Interim City Marshal. This appointment shall end upon appointment of a City Marshal by the City Council and shall not exceed ninety (90) days. 

vi. When a vacancy occurs in the office of City Marshal the City Council shall appoint by majority vote a qualified person, as defined in Section 3.05, within ninety (90) days. 

SECTION 4.02 – EXTRAORDINARY CIRCUMSTANCES

In the event three (3) or more vacancies on the City Council occur as defined in Section 4.01 of this Charter, the City Clerk shall immediately notify the Governor of the State who shall fill the vacancies by appointment, and the appointees shall serve until the next general or special election. At the time of the next general or special election, the City Clerk shall proceed with an election for the unexpired term of each vacant elected official in accordance with the City’s election ordinance and this Charter. 

ARTICLE V – STANDARDS OF CONDUCT FOR OFFICIALS


Charter level officials shall provide an open, transparent, and responsive government that abides by the highest ethical standards. Adherence to the policy manual of the city and ethical standards is of utmost importance. Charter officials are careful stewards of the human, fiscal, and natural resources of our city. That stewardship allows for fair and equitable participation of all persons in the affairs of the City. All officers, employees, and contractors of the City shall be governed by the Code of Ethics for Public Officers and Employees as provided for in Florida Statutes. In the event that any Charter official, by act or omission, violates a provision of this Charter or an ordinance of the City, the City Council shall have the ability to issue a letter of censure to that official, which shall be required to receive four (4) affirmative votes to pass. The official subject to censure shall have an opportunity to address the City Council prior to vote, however, shall have no vote on the matter. If passed, the letter of censure shall be published in a newspaper of general circulation, be posted at City Hall, and shall be forwarded to the appropriate agencies to determine if the act or omission constitutes a violation of any other provisions of Florida law. 

ARTICLE VI – CITY COUNCIL


SECTION 6.01 – POWERS OF THE CITY COUNCIL 

The City Council shall function as the Legislative Branch of the City government. All legislative powers of the City, except as otherwise provided in this Charter; or by the Constitution of the State of Florida; or by general or special laws of the State of Florida, are hereby vested in the City Council. The City Council shall determine the manner in which such powers of this City shall be exercised as prescribed by ordinance or resolution. 

SECTION 6.02 – LIMITATIONS OF CITY COUNCIL POWERS

  1. Individual Councilmembers shall not dictate to the City Manager the appointment of any person to office or employment. 
  2. Councilmembers shall deal with administrative services through the City Manager, and neither the City Council, nor any Councilmember, shall give orders to or make requests of any of the City Manager’s subordinates, including contracted consultants, either publicly or privately unless authorized to do so by the City Manager. 
  3. Individual Councilmembers may provide feedback, make suggestions, or make requests of the City Manager, the City Clerk, or the Mayor but may not give orders or make demands to the City Manager, City Clerk, or Mayor. 
  4. The City Council, collectively and individually, shall respect the chain of command established by the City Manager, and shall abide by that process by not interfering with or attempting to exert control over or within the City’s day-to-day operations. 

SECTION 6.03 – ORGANIZATIONAL STRUCTURE

  1. A Mayor Pro Tempore shall be selected from the City Council to serve on an annual basis. The Mayor Pro Tempore shall serve as chair of City Council meetings in the absence of the Mayor. 
  2. The City Council shall, by ordinance adopted by unanimous vote, activate or deactivate departments as deemed necessary for the efficient administration and operation of City government. 
  3. The following appointed Charter officer positions shall not be abolished except by referendum: 

i. City Manager 

ii. City Clerk

ARTICLE VII – MEETINGS OF THE CITY COUNCIL


SECTION 7.01 – MEETINGS

  1. The City Council shall meet at such time and place as prescribed by ordinance. 
  2. All meetings shall be public except as provided by state law. At all meetings, the public shall have the right to be heard as provided by the Constitution of the United States, and State of Florida, State law, and City law and policy. 

SECTION 7.02 – RULES

  1. The City Council shall determine its own rules and order of business as set forth by council ordinance or resolution. 

SECTION 7.03 – QUORUM AND VOTING REQUIREMENTS

  1. A majority of all Councilmembers shall constitute a quorum. 
  2. A majority vote of the City Council is required for the enactment of ordinances, resolutions, and contractual commitments unless otherwise specified in this Charter, ordinance, or general law. 

ARTICLE VIII – LEGISLATIVE ENACTMENTS


SECTION 8.01 – ORDINANCE ENACTMENT

  1. An ordinance is an official legislative action of the governing body. An ordinance is a regulation of a general and permanent nature and enforceable as a local law. 
  2. Each ordinance shall be presented for consideration by a Councilmember, the Mayor, the City Manager or the City Manager’s designee. 
  3. Additionally, any citizen of DeFuniak Springs may offer to the City an ordinance for consideration through a citizen initiative process. The initiative shall require the same process and number of signatures of citizens as would be necessary to bring forth a Charter amendment as defined in Florida Law. Upon presentation of a proposed ordinance with sufficient signatures, as verified by the City Clerk, the proposed ordinance shall be presented to the City Council to determine if the City Council wishes to proceed with the process for ordinance adoption, with any conditions the City Council may choose to impose, or if the Council wishes to reject the proposal. 
  4. Procedures for adoption of new ordinances shall be set forth by Florida law. 
  5. Upon adoption, the City Clerk shall present each ordinance to the Mayor by for approval or veto.  

    i. The Mayor shall have no more than seven (7) calendar days to either approve or veto the ordinance unless specified within the ordinance. If the Mayor fails to take either action the City Clerk shall present the ordinance for signature by the Mayor Pro-Tempore or City Council designee. The Mayor’s veto of an ordinance shall be presented, in writing, to the City Council at their next regular meeting.

    ii. If vetoed by the Mayor, the City Council may override said veto by four (4) affirmative votes of the City Council.
  6.  Each ordinance adopted by the City Council shall be authenticated by the Mayor, the City Attorney and the City Clerk and shall bear the seal of the City. 
  7. Immediately after adoption of this revised Charter, and then at least bi-annually thereafter, the City Clerk shall provide for the preparation of general codification of all City ordinances. 

SECTION 8.02 – RESOLUTIONS

a) A resolution is a formal expression of the City Council’s opinion, intention or decision. A resolution can also concern matters of administration or policy.

ARTICLE IX – MAYOR


The Mayor shall serve in the Executive Branch and shares placement in the Executive Branch of City Government with the City Manager, City Clerk and City Marshal. 

SECTION 9.01 – POWERS AND DUTIES

  1. The Mayor shall be recognized as the head of City Government by the Governor for the purposes of military law, for serving civil process, and for ceremonial purposes. The Mayor shall sign contracts as necessary. 
  2. The Mayor serves as the sole elected city official whose primary role and responsibility is leadership, coordination, communication and advocacy. The Mayor shall focus their activities upon the City Council, the City Manager, the Government of Walton County, the Government of the State of Florida, the Government of the United States and the public. 
  3. The Mayor’s executive duties and functions are complementary to, but do not overlap or include the administrative duties of the City Manager. 
  4. The Mayor and the City Manager shall collaborate on matters pertaining to the duties and function of the executive branch of City government. They shall also consult with one another where specified by this Charter, ordinance, or resolution. The Mayor shall not, however, interfere with the role of the City Manager as the chief administrative officer of the City. 
  5. The Mayor shall seek knowledge and understanding of the issues facing the city and advocate for solutions that improve the City. 
  6. The Mayor shall serve as the City’s primary liaison, together with any other liaison appointed by the City Council, to work with other governmental bodies, and with boards or committees of the City. 
  7. The Mayor shall be the presiding officer at meetings of the City Council. The Mayor shall exhibit leadership in conducting meetings of the City Council, which shall require appropriate use of the City’s adopted methods and rules for meeting procedure, compliance with laws related to the conduct of public meetings and hearings, and shall act to facilitate the civil and orderly conduct of meetings of the City. 
  8. The Mayor’s powers are limited to activities within the Executive Branch of the City Government. The Mayor shall have no vote in matters of the City Council. The Mayor shall have power of veto pertaining to the adoption of City ordinances as provided in this Charter. 
  9. The Mayor shall deliver a “State of the City” address both verbally and in writing no later than the third regular meeting of the City Council following the beginning of the fiscal year. 
  10. The Mayor shall have the power to issue proclamations, which shall be an official written declaration of the Mayor’s opinion. All proclamations issued by the Mayor shall be presented, in writing, and read aloud at the next council meeting of the City Council following issuance of said proclamation.

ARTICLE X – CITY MARSHAL

The City Marshal is in charge of the day to day administration of the Office of City Marshal, commonly known as the police department, and shares placement in the Executive Branch of City Government with the Mayor, City Clerk and City Manager. 

SECTION 10.01 – POWERS AND DUTIES

The City Marshal shall: 

  1. Serve as the chief law enforcement officer within the City of DeFuniak Springs and have control of the police force. It shall be the duty of the City Marshal to perform such duties as may be proper under the provisions of law or required by ordinance. 
  2. Ensure that all of the ordinances of the City are complied with fully and faithfully.
  3. Prepare and submit an annual budget to the council for the Office of City Marshal. 
  4. Hire competent and qualified police officers as may be provided for in the City budget. 
  5. Suspend or dismiss employees of the Office of City Marshal for insubordination, disobedience or misconduct or failure to carry out assigned duties. 

ARTICLE XI – CITY MANAGER

The City Manager is in charge of the day to day administration of the City and shares placement in the Executive Branch of City Government with the Mayor, City Clerk and City Marshal. 

SECTION 11.01 – APPOINTMENT AND QUALIFICATIONS

  1. The City Council shall appoint the City Manager by five affirmative votes. The City Manager shall be appointed on the basis of executive and administrative qualifications without regard for the political affiliations of the individual. The City Manager is not required to be a resident of the City at the time of appointment; however, the City Manager shall be required to establish residency in the City within one (1) year from the appointment date and must maintain residency in the City while in the position, except as provided in Subsection (b). 
  2. If the City Manager relocates outside the City but within Walton County due to a City-declared emergency or loss of residence due to emergency circumstances, the City Manager will be given six (6) months to re-establish City residency. If the City Manager is unable to re-establish City residency within the initial six (6) month period due to good cause, the City Manager may be granted a one-time extension of an additional six (6) months by a majority vote of the City Council. If the City Manager is unable or unwilling to re-establish City residency by the deadline, the office of City Manager will be declared vacant. At no time may the City Manager relocate outside of Walton County without the office being declared vacant. 

SECTION 11.02 – EMPLOYMENT CONTRACT

The City shall enter into a contract for employment with the City Manager. The contract shall include the City Manager’s compensation as determined by the City Council. 

SECTION 11.03 – REMOVAL 

The City Manager shall be removed from office by at least four affirmative votes of the City Council or by mutual consent of both parties. 

SECTION 11.04 – VACANCY

  1. A vacancy shall be created upon the effective date of resignation when the City Manager fails to meet the residency requirement, dies, or is removed from office in any manner authorized by law. 
  2. Upon a vacancy in the position of the City Manager, the City Council shall at its next meeting, deliberate on the appropriate course of action for the management of the City until a new City Manager is hired, and shall, at the meeting, initiate a hiring process for the position of City Manager.
  3. Should the City Council choose to appoint an Interim City Manager, it shall be by four (4) affirmative votes by the City Council. Any such interim appointee shall not remain in said position greater than nine (9) months, with an extension for an additional three (3) months provided that the hiring process for the position of City Manager is ongoing at that time. 

SECTION 11.05 – POWERS AND DUTIES

The City Manager is the head of the administrative component of the Executive Branch. The City Manager shall serve as Chief Administrative Officer of the City, shall be responsible to the City Council for the proper administration and management of affairs placed under the City Manager’s authority under this Charter and ordinance. The City Manager shall: 

  1. Oversee and manage all governmental and proprietary functions of the City and all departments, except Office of the City Marshal. 
  2. Employ or remove employees of the City, subject to the provisions of this Charter, all ordinances and resolutions of the City, all personnel policies and applicable collective bargaining agreements of the City, and all personnel rules of the State and Federal government. 
  3. Disseminate such rules and regulations, policies, and amendments thereto for appointment, promotion, discipline and removal of employees of the City subject to State, Federal, and local laws governing employment, except as otherwise provided for in this Section. 
  4. Enforce all franchises and contracts of the City. 
  5. Attend all City Council meetings, either in person or by a duly qualified and designated representative, with a voice but not a vote in the proceedings. 
  6. Submit a summary financial report to the City Council at least once a month 
  7. Prepare and submit the annual budget and five-year capital improvement program to the City Council, implement the final budget approved by the City Council to achieve the goals of the City, submit to the City Council and make available to the public a complete report of the finances and administrative activities of the City as of the end of each fiscal year, make such other reports as the City Council may require concerning budget and operations; and keep the City Council fully advised as to financial conditions and future needs of the City. 
  8. Sign warrants for payment of moneys for the City.
  9.  Serve as the custodian of all real property and tangible personal property of the City. 
  10. Determine whether any officer, clerk, or employee shall require bonding and the amount thereof. When bonding is required, the costs of the bonding shall be paid by the City. 
  11. Sign contracts, agreements, and applications for the City after such have been approved by the City Council. 
  12. Not interfere with the Mayor exercising duties and responsibilities as defined in Section 9.01. 
  13. Perform such duties as may be prescribed by general law, by this Charter, by ordinance or resolution of the City, or by direction of the City Council as a whole.
  14.  Maintain a high level of communication and coordination with the City Council, the Mayor and the City Marshal. 
  15. Organize the various departments and their relationship to other departments of the City in the manner that the City Manager best deems necessary to serve the interests of the City. 

ARTICLE XII – CITY CLERK SECTION 12.01 – APPOINTMENT AND QUALIFICATIONS

The City Manager shall hire the City Clerk. The City Clerk shall be hired on the basis of executive and administrative qualifications without regard to political affiliations of the individual. The City Clerk shall be hired based upon educational and certification requirements defined by ordinance. 

SECTION 12.02 – POWERS AND DUTIES

The City Clerk shall be the Records Management Administrator and shall be the custodian of official City records. The City Clerk shall be the custodian of all official records of the City and custodian of the official City seal. The City Clerk shall be responsible for the proper administration of all affairs concerning the records of the City placed in the City Clerk’s charge under this Charter and as may be required by ordinance or resolution. The City Clerk shall: 

  1. Supervise all functions of the City Clerk’s office.
  2. Make recommendations to the City Council concerning the records and clerical functions of the City. 
  3. Attend all City Council meetings, either in person, or by a duly qualified and designated representative, and keep a journal of its proceedings; maintain the official City Council minutes, ordinances, resolutions, and all records and documents. The correctness of the proceedings as entered in the journal kept by City Clerk shall be certified after each meeting by the City Clerk’s signature (or duly designated representative) and the signature of the presiding officer of the City Council. The journal shall be a public record and any person shall have access to the journal at all reasonable times as prescribed by law. Catalog all official actions of the City Council. 
  4. Give notice of all meetings to the City Council and to the public, as required by ordinance or State law. 
  5. Serve as the election official for the City and administer elections. 
  6. Authenticate and certify documents of the City. The City Clerk shall be responsible for signing and affixing the seal of the City of DeFuniak Springs, Florida, to such documents that require the signature of the City Clerk and seal of the City. 
  7. Process and attest all written contracts and instruments on behalf of the City. 
  8. Prescribe and be responsible for a system of review, retention, and disposition of records of all governmental and proprietary functions of the City and all departments of the City, subject to State laws or local ordinance. 
  9. Administer oaths required or authorized under general law, this Charter, or City ordinance. 
  10. Countersign warrants for payment of obligations. 
  11. Keep on file the legal descriptions of the boundaries of the City, as amended. l) Perform such other duties as may be prescribed by general law, by this Charter, by ordinance or resolution of the City, or by direction of the City Manager. 

SECTION 12.03 – DISCIPLINE AND TERMINATION

The City Clerk shall be subject to discipline in accordance with City personnel policy(s). The City Manager, acting in accordance with and pursuant to such policy(s), shall have the authority to impose any discipline, up to and including suspension, with or without pay, and termination. 

SECTION 12.04 – VACANCY

  1. A vacancy shall be created upon the effective date of resignation, death, or removal from office in any manner authorized by law. 
  2. The City Manager shall immediately appoint an interim City Clerk who shall serve until such time a City Clerk is appointed. 
  3. The City Manager shall within nine (9) months appoint a City Clerk, however, an extension for an additional three (3) months may be granted by the City Council, provided that the hiring process for the position of City Clerk is ongoing at that time. 

ARTICLE XIII – CHARTER AMENDMENTS SECTION 13.01 – PERIODIC REVIEW

  1. Commencing with the first regular meeting following September 1, 2030 and every ten (10) years thereafter, the City Council and Mayor shall appoint a committee consisting of six (6) appointees and one (1) staff member to review the City Charter and make recommendations to the City Council regarding possible amendments. Nothing herein is intended to preclude the City Council from proposing amendments to this Charter at other times or to preclude the City Council from convening such a committee as set forth herein at earlier intervals. 
  2. The Charter Review Committee may recommend proposed amendments to the City Council. The City Council shall make the final determination whether to submit the proposed amendments to the voters in the form of a referendum.

SECTION 13.02 – PROCEDURE FOR AMENDMENTS

  1. Amendments to the Charter shall be conducted in accordance with Florida State Law. 

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