05/27/26 Charter Review Advisory Committee Agenda

CITY OF LYNN HAVEN, FLORIDA AGENDA City Manager Chris LightfootCommissioners Sam Peebles | Pat Perno | Jamie Warrick | Judy Tinder City Attorney Amy Myers Mayor Dave Lowery NOTICE CHARTER REVIEW COMMITTEE – WEDNESDAY, MAY 27TH, 2026 – 5:15 P.M. WALTER T. KELLEY CHAMBERS – CITY HALL - 825 OHIO AVENUE THE PUBLIC IS INVITED TO ATTEND AGENDA Item PAGE 1. Call to order 2. Additions, Deletions, Modifications of Agenda 3. Approval of Minutes dated 05/13/2026 2-4 4. Finalize review of Section 9 – tabled from the previous meeting. 10 5. Begin review of Chapters 10 & 11. 11 6. Public Comments 7. Next meeting A. Agenda Items B. Date 8. Adjourn.

WEDNESDAY, MAY 13TH, 2026 CHARTER REVIEW COMMITTEE MEETING – 5:15 P.M. Present: Corey Langford, Chair Ryan Scray, Vice Chair Thomas Tucker James Marler David Switzer Chris Lightfoot, City Manager Amy Myers, City Attorney Apologies: None Item #1. Call to Order. The Chair called the meeting to order at 5.15 pm. Item #2. Additions, Deletions, Modifications of Agenda. Motion by Scray Add item #4 brief informational before section 8 regarding Nina Ward’s presentation to Commission. Second to the motion Switzer On vote: All in favor Motion passed: 5-0 Item #3. Approval of minutes of 04/21/26. The Chair called for a motion to approve the minutes of the previous meeting held on 04/21/26. Motion by Marler to approve the minutes of 04/21/26. Second to the Motion: Scray There was no public commentary. On Vote: All in favor Motion passed: 5-0 Item #4. Brief informational before section 8 – presentation by Nina Ward Mr. Scray briefed the committee on Nina Ward’s presentation to the Commission regarding Fall Even Year elections. TABLED ITEMS Item # 5. Begin the Review of Section 8 (Police Power) through 9 (General Laws to apply & Charter Review). (was 4) Section 8 review: City Attorney Myers explained the term Police Power as it relates to government officials in the Florida Statute. Mr. Scray discussed his ideas. Mr. Switzer – concurred with most of what Mr. Scray recommended. Chairman Langford – thanked Police Chief and Deputy Chief for attending. - If voters vote for this, how does our current surveillance apply? Is it grandfathered in?2 3

o Mr. Scray – may be that a list of current technology is made public for transparency and going forward this policy would apply. Chairman Langford – asked the City Attorney about the case law she included and asked her to clarify what they meant by police powers. - City Attorney – it is not about the police department. It is about the commission’s ability to pass laws. - Chairman - Does the commission have the ability to regulate the police department? o Chief Blanchard said only through municipal statute. Further discussion ensued. Chairman – This has become about transparency, so does the transparency belong in S8 or in the potentially new citizens bill of rights section? Mr. Scray – question to Chief Blanchard - if it passed as written, what are the pros and cons? Chief Blanchard – there is no problems with this public notice. He believes in transparency but not that politics belongs in the police department. If it is legal by the constitution, it should be fine. Our flock transparency policy is about to go live on our website. Mr. Scray – are there any technologies you can foresee needing to be purchased? - Police Chief – if I have it and it breaks then I should be able to replace it without triggering anything. Mr. Scray added a sentence “replacement of equipment …. Chairman – if you have 24 bodycams and you get two new authorizations to employ two new employees; how would this impact your ordering new equipment? - Police Chief - We will know way ahead of time that those two new staƯ will be coming so we have time to go through this new process of transparency. Meeting adjourned for a 5 minute break at 6.23pm Meeting reconvened at 6.30pm Motion by Tucker to move section 8 forward for the November 3rd election ballot. Second to the Motion: Switzer There was no public commentary. On Vote: All in favor Motion passed: 5-0 Section 9 review: Review of language about restricting elected officials by charter, and the charter not restricting the authority granted to the commission by Florida Statute. To remove “resolution of” and add “at least” added to S.9A. Charter Review. remainder of 9 was tabled for next meeting. Item #6. Public Comments. (was 5) There were none. Item #7. Next Meeting. (was 6) The next meetings were set for 05/27/26 at 5.15 pm; and 06/10/26 & 06/24/26 at 5.15pm Agenda items required to be on the next agenda: Resolution for section 8; remainder of 9 and begin section 10 review; with Nina Ward presentation (tentative). Mr. Scray – will be out of the area on July 8th and July 15th.3

Other Business (non-agenda items). Discussion about how commissioner terms would/could be affected by moving the elections to November. Item #6. Adjourn (was 8). There being no further business and the meeting was adjourned at 7.17 P.M. APPROVED THIS 27th DAY OF May 2026. _______________________________________ Corey Langford, Chairman ATTEST: __________________________________ Chris Lightfoot, City Manager prepared by CJ Rushing4

CHT 1 PART I CHARTER* Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 6A. Sec. 7. Sec. 8. Sec. 9. Sec. 9A. Sec. 10. Sec. 11. Sec. 11A. Sec. 12. Sec. 13. Sec. 14. Sec. 15. Sec. 16. Sec. 17. Sec. 18. Sec. 19. Article I. In General Existing municipality abolished. Title to property reserved to new municipality. Contracts remain binding. New municipality created. Boundaries. Powers vested in Commission; designating manner of exercise; abandoned property; payment of ad valorem taxes. [Reserved.] Same-Generally. Same-Police power; general penalty. General laws to apply. Charter Review. Article II. City Commission Form of government. Creation; election of members; term limits. Mayor Commissioner and Commissioner Compensation. Qualifications of members; prohibited interest in City contracts; prohibiting former members from employment. [Reserved.] Judge of own elections; felony convictions. Vacancies. General law governing City Councils extended to Commissioners. Mayor-Construed. Same-Functions and duties. Advisory Boards. *Editor's note--This compilation consists of the Charter, Laws of Fla. (1951), ch. 27685, and all subsequent acts relating to the City of Lynn Haven including Laws of Fla. (1933), ch. 16536, and Laws of Fla. (1937), ch. 18668, which were apparently not superseded by Laws of Fla. (1951), ch. 18668. A comparative table will be found immediately following the Charter which shows the disposition of these acts. The provisions of these acts have been arranged by subject matter and numbered consecutively from one through 129 for purposes of indexing and ease of reference. The origin of all sections is given in a historical citation enclosed in parentheses following each section. Where a section or act has been amended, superseded, or repealed by a later act, the amended section will list the amendatory acts in chronological order. Only the latest amendment, however, will be set out herein. The editors have supplied catchlines where necessary, inserted material in brackets where necessary to correct obvious errors or for clarification, and have omitted all titles and enacting, repealing, severability and effective date clauses. The absence of a history note indicates that the provision remains unchanged from the original act. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Subsequently, Ord. No. 711, § 1, adopted Feb. 27, 2001, amended, renumbered, and repealed various sections of the Charter. The user's attention is directed to the Charter Comparative Table for a detailed analysis of inclusion of said Ord. No. 711.5

CHT 2 Sec. 20. Sec. 21. Sec. 22. Sec. 23. Sec. 24. Sec. 25. Sec. 26. Sec. 27. Sec. 28. Sec. 29. Sec. 30. Sec. 31. Sec. 32. LYNN HAVEN CODE Article III. Officers and Employees Incumbents holding office. Officers and Departments enumerated. Compensation. Civil service system. City Manager-Appointment; qualifications; substitute. Same-Removal. Same-Functions and Responsibilities. City attorney-Appointment; duties. [Reserved]. Same-Qualifications. [Reserved]. Article IV. Elections Qualifications and election of City Commission Candidates. Canvass of returns.6

CHT 3 CHARTER ARTICLE I. IN GENERAL Sec. 1. Existing municipality abolished. The present municipal government existing under the name of the City of Lynn Haven, Florida be and the same is, hereby abolished. (Laws of Fla. (1951), ch. 27685, § 1) Sec. 2. Title to property reserved to new municipality. The title, rights, and ownership of property, collected and uncollected taxes, dues, claims, judgments, moneys, decrees and choses in action, held or owned by the City of Lynn Haven, under its present or any former charter, shall pass to, and be vested in the municipal corporation organized by and under this act to succeed the municipality abolished. (Laws of Fla. (1951), ch. 27685, § 2) Sec. 3. Contracts remain binding. No debt, obligation, or contract of the City of Lynn Haven, Florida, including bonds and debentures issued, shall be impaired or avoided by this act, but such debts, obligations, contracts, bonds and debentures shall pass to and be binding upon the new municipality which is organized and created. (Laws of Fla. (1951), ch. 27685, § 3) Sec. 4. New municipality created. The inhabitants of the City of Lynn Haven, Florida, as its limits are hereafter established, or as such limits may be hereafter established, shall be and continue to be a body politic and corporate to be known and designated as the "City of Lynn Haven," and as such shall have perpetual succession, may have and use a common seal which it may change at pleasure, may contract and be contracted with, may sue and be sued, and may plead and be impleaded in all of the courts of this State. (Laws of Fla. (1951), ch. 27685, § 5) Sec. 5. Boundaries. The corporate limits of the City of Lynn Haven in Bay County, Florida, be, and the same are hereby fixed, defined and established so as to include the following lands and territory in said County of Bay in the State of Florida, to-wit: [The boundary description of the city is not printed herein but is on file in the City Manager's office.] The territorial limits may be changed; enlarged or contracted in the manner provided by the general law. The jurisdiction of the City of Lynn Haven shall extend over all persons and property, franchises and privileges located or coming within said limits, and over and upon any7

CHT 4 property the city may own or possess for municipal purposes outside of said limits. (Laws of Fla. (1951), ch. 27685, § 6) State law reference--Extension of municipal territorial limits, F.S. ch. 171. Sec. 6. Powers vested in Commission; designating manner of exercise; abandoned property; payment of ad valorem taxes. A. All powers of the City All powers of the City except as otherwise provided by this Charter or by the Constitution of the State, are vested in the City Commission, and except as otherwise provided by this Charter or by the Constitution of the State, the City Commission may by ordinance or resolution prescribe the manner in which any power of the city shall be exercised. B. Non-Ad Valorem Assessments Public Disclosures prior to Approval. From and after September 2026 no new Non-Ad Valorem Assessment programs shall be imposed, levied or collected by the City of Lynn Haven unless the City Commission has first reviewed and approved the proposed assessment in a public meeting. Prior to approval by the City Commission. The proposed Non-Ad Valorem Assessment must include clear and publicly available information containing the following: 1. Defined Start and End Date 2. Brief Description of Methodology of Assessment 3. Estimated Specific Cost per Year by Property (Rate) 4. Total Project Cost Annual and Overall 5. Specific Statement on Usage of Funds 6. Limit on Annual Increase 7. Specific Compliance and Oversight Requirements The City Commission shall not approve any Non-Ad Valorem Assessment unless all seven required elements are presented and made available to the public prior to such approval. (Laws of Fla. (1951), ch. 27685, § 10; Laws of Fla. ch. 61-2434, § 1) Editor's note--This section has been editorially amended to delete the reference to municipal courts as municipal courts were abolished pursuant to art. V, § 4(d) of the Florida Constitution. The provision regarding abandoned property on public streets, etc., has been deleted as superseded by F.S. § 705.101 et seq. The statement regarding payment of ad valorem taxes has been editorially deleted as superseded by F.S. ch. 192 et seq. The provision regarding vacating streets, plats, etc., has been editorially transferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). This section is section 58-26 in the Code of Ordinances. Sec. 6A. [Reserved.]8

CHT 5 Editor's note--Ord. No. 711, § 1, adopted Feb. 27, 2001, repealed§ 6A which pertained to corporate limits enlarged. See the Charter Comparative Table. Sec. 7. Same-Generally. The City of Lynn Haven hereby created, established and organized, shall have full power and authority to acquire, take, hold and control property real, personal and mixed, both within and without its corporate limits for the use, benefit, welfare and best interest of said municipality, by purchase, lease, grant, gift, devise, condemnation or otherwise, and to sell, lease or otherwise dispose of such property for the benefits of said municipality to the same extent that a natural person might or could do; to issue and sell bonds, debentures and certificates of indebtedness or other obligations, upon its property both within and without its corporate limits, or in the earnings thereof, or both, for any lawful municipal purpose. (Laws of Fla. (1951), ch. 27685, § 7; Ord. No. 711, § 1, 2-27-01/4-25-01) Editor's note--Parts of this section regarding enumerated powers which have not been amended by referendum after July 1, 1973, and which are not extraterritorial powers have been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and RS. ch. 166 and the provisions regarding planning have been superseded by F.S. § 163.3161 et seq. Sec. 8. Same-Police power; general penalty. A. Power to Pass all such Ordinances and Laws The City Commission shall have power to pass all such ordinances and laws, not inconsistent with the Constitution and laws of the United States and of this State, as may be expedient and necessary for the preservation of the public safety, peace and order. (Laws of Fla. (1951), ch. 27685, § 106) B. Policies and Practices of the Police Department The City shall ensure that the policies and practices of the Police Department are consistent with applicable state requirements, including those established by the Florida law enforcement, and aligned with recognized national best-practices in enforcement. The Police Department shall maintain compliance with applicable certification and accreditation standards through a recognized independent accrediting body, such as the Commission for Florida Law Enforcement Accreditation or the Commission on Accreditation for Law Enforcement Agencies. The Police Department shall undergo periodic independent review as required by such accreditation standards, and a summary of the agency’s accreditation status and most recent review findings shall be provided to the City Commission annually. C. Public Notice for Surveillance Technology The City shall not acquire Surveillance Technology unless the proposal has been publicly noticed and public comments are invited at no fewer than two regular meetings of the City Commission, prior to approval, except for temporary use during a state of emergency.9

CHT 6 This paragraph does not apply to the replacement of existing resources determined to no longer be serviceablebe serviceable. “Surveillance Technology” means technology used by or on behalf of the City to monitor, identify, track, collect, analyze, or retain information regarding members of the public for law enforcement, public safety, code enforcement, or investigative purposes. Editor's note--Parts of this section which have not been amended by referendum after July 1, 1973, and which are not extraterritorial powers have been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. Sec. 9. General laws to apply. All general laws of the State applicable to municipal corporations, now or which are to be enacted, and which are not in conflict with the provisions of this Charter or with the ordinances and resolutions enacted by the City Commission, shall be applicable to this City.; provided, however, that nothing contained in this Charter shall be construed as limiting the power of the City Commission to enact any ordinance or resolution not in conflict with the Constitution of the State or with the express provisions of this Charter. (Laws of Fla. (1951), ch. 27685, § 107) State law reference--Municipal home rule powers, F.S. ch. 166. Sec. 9A. Charter Review. This Charter shall be reviewed by a Committee appointed by resolution of the City Commission at least every five years. Editor's note--Ord. No. 711, § 1, adopted Feb. 27, 2001, repealed§ 9A, which pertained to procedure for amending charter. See the Charter Comparative Table.10 4

CHT 7 ARTICLE II. CITY COMMISSION* Sec. 10. Form of government. The form of government of the City of Lynn Haven provided for under this act [Laws of Fla. (1951), ch. 27685] shall be known as the "Commission-Manager Plan." The City Commission shall constitute the governing body with powers to pass ordinances, adopt resolutions and appoint a chief administrative officer to be known as the "City Manager." A. Separation of Powers in Administration Neither the Mayor-Commissioner nor any Commissioner shall individually direct or interfere with the performance of duties by the City Manager or by city employees under the City Manager’s supervision. Administrative authority and day-to-day operations of the City are vested exclusively in the City Manager. The Commission shall set their meeting rules and protocol within the first 45 calendar days following the swearing in of a newly elected or appointed member, as approved in majority by the Commission. (Laws of Fla. (1951), ch. 27685, § 8; Ord. No. 711, § 1, 2-27-01/4-25-01) State law reference--Municipal home rule powers, F.S. ch. 166. Sec. 11. Creation; election of members; term limits. A City Commission is hereby created to consist of a Mayor-Commissioner and four Commissioners who shall be qualified as hereafter prescribed and whose term of office shall begin immediately following the canvass of and certification of election returns as provided herein Elections shall be held on the Tuesday immediately following the third Monday in April with any necessary run-off election to be held the Tuesday immediately following the third Monday in May. The City shall hold elections for the Mayor-Commissioner and Commissioners every year ending in an odd number after the election of 2009. The Mayor- Commissioner and Commissioner seats one and two shall be elected every four years starting with the election of 2011. Commissioner seats three and four shall be elected every four years starting with the election of 2009. The Mayor-Commissioner and the Commissioners shall be elected at large in the City. The incumbent shall hold office until a successor is elected and qualified as herein provided. No Commissioner shall serve more than 2 consecutive four-year terms in office, plus 2 consecutive four-year terms as Mayor, not inclusive of any partial terms. In order to serve any further terms as Mayor or Commissioner, such person shall have been out of office a minimum of two years. *Code reference--City commission, § 2-26 et seq, State law references--Code of ethics, F.S. § 112.311 et seq.; open records law, F.S. ch. 119; open meetings law, F.S. § 286.011 et seq. (Laws of Fla. (1951), ch. 27685, § 9; Laws of Fla. ch. 69-1271, § 1; Ord. No. 711, § 1, 2-27-01/4-25-01; Ord. No. 754, § 1, 10-14-03/9-9-03); Ord. No. 868, § 1, 1-23-07/4-17-07)11 5

CHT 8 Sec. 11A. Mayor-Commissioner and Commissioner Compensation. Compensation for the Mayor-Commissioner shall be $1,500.00 per month and each Commissioner shall be $1,250.00 per month, with a cost of living adjustment each fiscal year consistent with any such adjustment given to the employees of the City, so long as said adjustment is approved in the annual budget. Sec. 12. Qualifications of members; prohibited interest in City contracts; prohibiting former members from employment. Members of the Commission shall be qualified electors and residents of the City. Officers and employees of the City shall not be interested in the profits or emoluments of any contract, work or service for the City, and any such contract in which any member is, or may become interested, shall be declared void by the Commission. Members of the Commission shall not become employed by the City for a period of not less than two years after leaving office. (Laws of Fla. (1951), ch. 27685, § 11; Ord. No. 711, § 1, 2-27-01/4-25-01) Sec. 13. [Reserved.] Editor's note--Ord. No. 711, § 1, adopted Feb. 27, 201, repealed § 13, which pertained to candidates prohibited from making certain promises. See the Charter Comparative Table. Sec. 14. Judge of own elections; felony convictions. The Commission shall be the judge of the election and qualification of its own members subject to review by the courts. The Commission shall serve as the Canvassing Board. Any member of the Commission who shall be convicted of felony while in office shall immediately forfeit his office. (Laws of Fla. (1951), ch. 27685, § 13; Ord. No. 711, § 1, 2-27-01/4-25-01) Sec. 14A. Background checks for City Manager, City Clerk, and Department Heads The City of Lynn Haven shall conduct a Level 2 Background check, including but not limited to sex offender registry checks, and criminal background checks, on the City Manager, City Clerk, and every Department Head. The convictions not acceptable for employment with the City of Lynn Haven shall include but not be limited to violent crimes, drug sales, sex offense charges, and/or crimes of moral turpitude including but not limited to, theft, embezzlement, rape, forgery, and solicitation of prostitutes, and pornography. Sec. 15. Vacancies. Any vacancy in the Commission may be filled until the next regular municipal election by vote of the remaining members of the Commission; provided that if such vacancy is not filled within thirty (30) days after it shall have occurred, appointment to fill such vacancy shall be made by the Governor of the State of Florida and provided further, that vacancies resulting from a recall election shall be filled in the manner hereafter prescribed. (Laws of Fla. (1951), ch. 27685, § 14)12

CHT 9 State law reference--Filling of vacancies by the Governor, F.S. § 112.51(3) Sec. 16. General law governing City Councils extended to Commissioners. Sec. 16. General law governing City Councils extended to Commissioners. Any right or authority given or permitted by the Constitution and laws of the State of Florida to City Councils not inconsistent with the provisions of this Act shall be given, permitted and extended to the City Commissioners of the City of Lynn Haven. (Laws of Fla. (1951); ch. 27685, § 108; Ord. No. 711, § 1, 2-27-01/4-25-0i) State law reference--Municipal home rule powers, F.S. ch. 166. Note--Formerly§ 20. Requested to be Added by Ryan Scray: A vacancy in the office of Commissioner shall be filled as follows: 1. 365 Days or Fewer Remaining. If the vacancy occurs with 365 days or fewer remaining until the next regular municipal election, the City Commission shall appoint, by majority vote, a qualified elector of the City to serve until the next regular municipal election. If the Commission fails to make an appointment within 30 days, the Commission shall call a special election, unless fewer than 180 days remain until the next regular municipal election, in which case the seat may remain vacant. 2. More Than 365 Days Remaining. If the vacancy occurs with more than 365 days remaining until the next regular municipal election, the Commission shall call a special election to fill the vacancy. 3. Term. A person appointed, or elected in a special election, shall serve the remainder of the unexpired term.. A person appointed to fill a vacancy shall serve until the next regular municipal election, at which time the office shall be filled for the remainder of the term. 4. Election Timing. Any special election shall be conducted in coordination with the Supervisor of Elections and in accordance with Florida law. Sec. 17. Mayor-Construed. Whenever the term Mayor is used in this Charter, it is understood to refer to the Mayor- Commissioner. (Laws of Fla. (1951), ch. 27685, § 15; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 21. Sec. 18. Same-Functions and duties. The Mayor shall preside at all meetings of the Commission and perform such other duties consistent with his office as may be imposed upon him by the Commission and he shall have a voice and a vote in the proceedings of the Commission, but no veto power. He shall use the title of Mayor in any case in which the execution of legal instruments in writing, or other necessity arising from the general laws of the State, so requires. He shall be recognized as the official head of the City by the Courts for the purpose of serving civil processes; by the13

CHT 10 government in the exercise of military law, and for all ceremonial purposes, and shall countersign all checks and vouchers prepared by the City Manager. He may take command of the police and fire departments and govern the city by proclamation during the times of grave public danger or emergency, and he shall himself be the judge of what constitutes such danger or emergency. The powers and duties of the Mayor shall be such as are conferred upon him by this Charter and by the City Commission in pursuance of the provisions of this Charter, and no others. Annually at the first Commission meeting in May the members of the City Commission shall appoint a Mayor Pro Tem to serve in the Mayor’s absence. No Commissioner may serve as Mayor Pro Tem more than once during a four-year term. (Laws of Fla. (1951), ch. 27685, § 16; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 22. Sec. 19. Advisory Boards. The City Commission may at any time appoint an Advisory Board (or Boards), composed of men and women who are residents of the City of Lynn Haven and who are not disenfranchised by law. These people shall act in an advisory capacity to the City Commission or City Manager with respect to the management of City property or the exercise of any public function. An individual shall only serve on one standing Board at a time. Service by an individual on a standing Board, except the Planning Commission, is limited to six (6) consecutive years. An individual on the Planning Commission shall not serve more than eight (8) consecutive years. (Laws of Fla. (1951), ch. 27685, § 51; Ord. No. 711, § 1, 2-27-01/4-25-01) Editor's note--The reference to freeholder in this section has been deleted as it is of questionable validity pursuant to a decision in Turner v. Fouche, 396 U.S. 346 (1969). Note--Formerly § 25.14

CHT 11 ARTICLE III. OFFICERS AND EMPLOYEES* Sec. 20. Incumbents holding office. All officers elected or appointed and holding office in the City shall continue to hold their respective offices and to discharge the duties thereof until their successors are elected and confirmed under the provisions of this act [Laws of Fla. (1951), ch. 27685]; provided, that if no such successors are clearly provided for in this act [Laws of Fla. (1951), ch. 27685], then such officers shall hold office and discharge their duties only during the pleasure of the City Commission herein created; and all existing ordinances of the City, not in conflict with the provisions of this act [Laws of Fla. (1951), ch. 27685], shall continue in effect and unimpaired until repealed, amended or modified by the City which is hereby organized and created. (Laws of Fla. (1951), ch. 27685, § 4; Ord. No. 711, § 1, 2-27-01/4-25-01) Editor's note--Laws of Fla. (1951), ch. 27685, became effective on June 11, 1951. Note--Formerly § .26. Sec. 21. Officers and Departments enumerated. A. Officers of the City of Lynn Haven shall consist of a City Manager, City Clerk, and City Attorney. B. The Department Heads of the City of Lynn Haven shall consist of the Police Chief, Fire Chief, Public Works Director, Finance Director and those Departments as established by ordinance. C. Department Heads shall be appointed by the City Manager subject to confirmation by a formal majority vote of the Commission. D. In the absence of an appointment by the City Manager, the Mayor-Commissioner shall make such appointments subject to confirmation by formal majority vote of the City Commission. E. Nothing herein shall be construed to prevent the City Manager from acting as head of any department, upon his being so accepted by the majority of the City Commission. Officers and Departments of the City of Lynn Haven shall consist of a City Attorney, Police Chief, Fire Chief, City Manager, Public Works Director, Finance Director and those Departments as established by ordinance. The heads of each and every Department shall be appointed by the City Manager with the advice and consent of a majority of the Commission, In the absence of an appointment by the City Manager, the Mayor-Commissioner may make such appointments if it is deemed necessary or expedient by the majority of the City Commission, and in either event, such appointment shall be made with the advice and consent of the majority of the City Commission. Nothing herein shall be construed to prevent the City Manager from acting as head of any department, upon his being so accepted by the majority of the City Commission. (Laws of Fla. (1951), ch. 27685, § 27; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 27. . Code reference--Officers and employees, § 2-106 et seq.15

CHT 12 Sec. 22. Compensation. The Commission shall fix by ordinance, the compensation of all City employees and members of Boards. The compensation so fixed, shall be uniform for like services in each grade of the City service as the same shall be graded or classified by the City Manager, or the City Commission. (Laws of Fla. (1951), ch. 27685, § 94; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 28. *Code reference-Officers and employees, § 2-106 et seq. Sec. 23. Civil service system. The City Commission of Lynn Haven, Florida may, at its discretion, institute a civil service system for hiring and discharging its employees. (Laws of Fla. (1951), ch. 27685, § 104; Ord. No. 711, § 1, 2-2 001/4--25-01) Note--Formerly § 31. Sec. 24. City Manager-Appointment; qualifications; substitute. I l ' The City Commission shall appoint a City Manager who shall be the administrative head of the municipal government under the direction and supervision of the City Commission and shall hold office at the pleasure of the City Commission. He shall be chosen solely on the basis of his executive and administrative qualifications, without regard to his political belief, and he need not be a resident of the City or State at the time of his appointment, but during his tenure of office he shall reside establish permanent residence in Bay County within 12 months of his appointment. the City, unless approved to live in the county and within a reasonable distance of commute from the City as established by the Commission when they make the appointment. In the absence of a Deputy City Manager, during the absence or disability of the City Manager, the City Commission may designate a properly qualified person, by resolution, to temporarily execute the functions of the office. (Laws of Fla. (1951), ch. 27685, § 23; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly'§ 32. Sec. 25. Same-Removal. The City Manager shall only be removed by the City Commission. (Laws of Fla. (1951), ch. 27685, § 25; Ord. No. 711, § 1, 2-27-01/4--25-01) Note--Formerly § 34. Sec. 26. Same-Functions and Responsibilities. The City Manager shall be responsible to the City Commission for the proper administration of all affairs of the City and to that end, his responsibilities are and shall include: (a) To see that the laws and ordinances are enforced. (b) Except as hereafter specifically provided, to appoint and remove all subordinate officers and employees and of the City; all appointments to be made upon merit and fitness alone.16

CHT 13 (c) To exercise control and direct supervision over all Departments and divisions of the City under this Charter, or which may be created by the City Commission, including public utilities owned by said City. (d) To see that all terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise are faithfully kept and performed; and upon knowledge of any violation thereof, to call the same to the attention of the City Attorney whose duty it is to take such legal steps as may be necessary to enforce the same. (e) To attend all meetings of the City Commission, and of its Committees, with right to take part in the discussion, but without having a vote. (f) To recommend to the Commission for adoption such measures as he may deem necessary or expedient in the interest of the City. (g) To keep the City Commission fully advised monthly as to the financial condition and needs of the City and to submit for its consideration an annual budget. (h) To enforce and administer any zoning regulations established by said City Commission but said City Commission shall hear and review any order, requirement, decision or determination made by him in the enforcement of the zoning regulations. (i) To perform such other duties as may be prescribed under this Charter or as may be required of him by ordinance or resolution of the City Commission. (j) He shall be purchasing agent for the City, by whom all purchases of supplies shall be made, and he shall approve all vouchers for the payment of same. In the capacity of Purchasing Agent, he shall also conduct all sales of personal property which the Commission may authorize to be sold as having become unnecessary or unfit for the City's use. (k) Shall be a designated whistleblower complaint recipient. (Laws of Fla. (1951), ch. 27685, § 26; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 35. Sec. 27. City Attorney-Appointment; duties. The City Commission shall appoint a City Attorney who shall act as the legal advisor to, and attorney and counselor for, the City and all of its officers in matters relating to their official duties. He shall approve all contracts, bonds, and other instruments in writing in which the City is concerned, and no contract with the City shall take effect until his approval is so endorsed thereon. He shall prosecute and defend, for and in behalf of the City, all complaints, suits and controversies in which the City is a party, unless otherwise directed by the City Commission. He shall furnish the City Commission and/or the City Manager his opinion on any question of law relating to their respective powers and duties. They shall perform such other professional duties as may be required of them by ordinance or resolution of the City Commission, or as are prescribed, for City Attorneys under the General Laws of the State which are not inconsistent with this Charter and with any ordinance or resolution which may be passed by the City Commission.17

CHT 14 Shall be a designated whistleblower complaint recipient. (Laws of Fla. (1951), ch. 27685, § 28; Ord. No. 711; § 1, 2-27-01/4-25-01) Note--Formerly § 36. Sec. 28. Same-Qualifications. The City Attorney shall be a lawyer who has been properly admitted to the Bar of the State of Florida and is at present in good standing there with. (Laws of Fla. (1951), ch. 27685, § 30; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 38 & 29. (Laws of Fla. (1951), ch. 27685, § 29; Ord. No. 711, § 1, 2-27-01/4-25-01) Note--Formerly § 37. Sec. 29. City Clerk – Appointment, duties. A. There is hereby created the office of City Clerk. The City Commission shall appoint a City Clerk who shall hold office at the pleasure of the City Commission. The compensation of the City Clerk shall be as determined by the City Commission. (Laws of Fla. (1951), ch. 27685, § 30; Ord. No. 711, § 1, 2-27-01/4-25-01) B. Roles & Responsibilities of the City Clerk. Shall serve as the Clerk to the Commission The City Clerk serves as the official custodian and record-keeper of the City, responsible for maintaining all public documents Clerk of City elections as required by law The Clerk performs these and other such duties independently and in accordance with state law, established policies, and other directions from the City Commission. Shall be a designated whistleblower complaint recipient. Sec. 30 30. Reserved18

CHT 15 ARTICLE IV. ELECTIONS Sec. 31. Qualifications and Election of City Commission Candidates. The offices of the City Commission, other than Mayor, shall be numbered one through four, inclusive. A candidate for City Commission must declare the seat for which he is running in order to qualify for election. At all elections, the candidate qualifying for that seat or the Mayor seat receiving a majority of votes cast for that seat or the Mayor seat shall be deemed elected. If two or more persons qualify for a seat and none receives a majority of the votes cast for that seat, the two candidates receiving the highest number of votes shall face each other in a runoff election to be held on the Tuesday immediately following the third Monday in May after the general election. The person receiving the highest number of votes at said runoff election shall be elected. The canvass of returns for said runoff election shall be the same as is provided for a general election. If a runoff election is necessary, the incumbent shall remain in office until the runoff election is canvassed and certified. The term of office of a person elected at a general election and a runoff election shall begin immediately upon the canvassing and certification of the runoff election. (Ord. No. 711, § 1, 2-27-01/4-25-01; Ord. No. 754, § 2, 10-14-03/9-9-03) Sec. 32. Canvass of Returns. The result of the voting when ascertained, shall be certified to the Canvassing Board by a return in duplicate, signed by the City Manager Clerk and a majority of the Inspectors of the election. Such returns shall be made to the City Commission by the Canvassing Board at the next regular scheduled City Commission meeting, or a special meeting, whichever one occurs first. At such meeting the City Commission shall convey the return and include the results of the election. (Laws of Fla. (1951), ch. 27685, § 100; Ord. No. 711, § 1, 2-27-01/4-25-01) Editor's note--The reference to the hours the polls are open has been editorially deleted as superseded by state law in F.S. § 100.011. Note--Formerly § 55;19