§ 2-212. Procedures, power, duties.

The board shall hold a minimum of two (2) public hearings. By a majority vote of the members of the full board, the board may submit a proposal to amend the charter to the city, if deemed necessary for any issue which would require a referendum vote by the electors of the city in order to effectuate a charter amendment.

Any elector of the city who, in good faith, believes that an amendment should be made to the charter of the city and who shall indicate his/her desires and recommendations in writing and shall have filed the same with the city clerk may appear at any regularly scheduled public meeting of the board to be heard and to give evidence concerning his/her recommendations. The board shall also hear the recommendations of the city commission, city attorney, city manager or city clerk when presented. The board may, on its own initiative, review a particular issue or section of the charter for possible amendment. The board shall include in its advisory reports a summary of, and recommendations regarding, every issue and section that was reviewed during its term.

The board must submit the initial draft advisory report for any proposed charter amendments with associated proposed ballot language to the city commission and city attorney no later than March 1 in the year in which the term of the board expires (i.e. March 1, 2008, for the initial board serving). The city commission and the board will have a line of communication available to discuss any issues or concerns with the amendments or issues pending before the board.

The board must submit its final advisory report of proposed charter amendments with associated proposed ballot language to the city commission and city attorney no later than the May workshop of the year in which the term of the board expires.

Any proposed charter amendment to be considered and voted upon by the city commission must be placed on the city commission agenda by either the city commission or the city manager no later than the second Monday in June of the year in which the term of the board expires. The city commission may consider the recommendations of the board at a regular or special commission meeting, and may adopt, amend or reject the board's recommendations at the city commission's discretion.

The city clerk and the city attorney are hereby granted the authority to modify the proposed ballot language as to form, but not as to substance, as may be required by the supervisor of elections to meet the form required to be deemed to be an acceptable ballot question.

If the city commission adopts or amends the board's recommendations, the proposed ballot language shall be placed on the municipal general election ballot in that same year; or, if no municipal general election is held in that same year, then the city shall call a special election and have the ballot question placed on a county ballot election in that same year.

The recommendations of the board do not preclude charter amendments for any issues which do not require a referendum vote of the electors nor do they preclude any amendments that are deemed necessary by the city commission during those years when no board is then currently serving. If a particular issue was not addressed or contemplated by the board during its term, but it is determined by the city commission that the issue needs to be added to the upcoming ballot, the city commission reserves the right to elect by a majority vote to place such ballot question on the upcoming ballot.

In exercising its powers, the board shall perform the following:

(1)

Elect a chair and a vice-chair. The chair shall be responsible for the orderly running of all meetings, shall direct the preparation of all reports and shall make all necessary reports to the city commission. The vice-chair shall preside in the absence of the chair; and

(2)

Adopt such internal procedures and rules as may be necessary to carry out its duties; and

(3)

Consult with the city attorney as may be necessary to carry out its duties; and

(4)

Utilize the necessary city staff for administrative, professional, expert and clerical purposes as is necessary to carry out its duties.

(5)

Consult with other disciplines, if city staff is unable to provide the services necessary to carry out its duties.

The city commission shall include in its general budget for each fiscal year that the board is in existence, such sums as are necessary to carry out the duties of the board.

(Ord. No. 06O-06-135, § 1, 6-26-06)