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Lynn Haven commission adopts interim 'advice and consent' process for department-head hires
Summary
After months of debate, the Lynn Haven City Commission voted Nov. 12 to adopt an interim five-step procedure requiring department-head appointments proposed by the city manager be placed on the public agenda with candidate materials, discussed openly and then confirmed by recorded commission vote.
The Lynn Haven City Commission on Nov. 12 adopted an interim interpretation of the city charter’s "advice and consent" provision that requires the city manager to place department-head appointments on the commission agenda with resumes and recommendations, allow public discussion and then seek a recorded confirmation vote.
Commissioner Wark, who proposed the five-step process, argued the change will restore transparency after appointments were sometimes handled informally. "Residents deserve to see how their elected officials express consent openly on the record and in a way that can be traced in the minutes for years to come," Wark said during a lengthy presentation reviewing comparable practices in other Florida municipalities.
City Attorney Amy (name in packet) had advised that informal notification and consideration could satisfy the charter, citing the city manager’s appointment authority. Wark and several public speakers countered that past practice did not remove the commission’s responsibility to take a public vote. Dave Lowery, a resident and public-administration instructor, told commissioners he could not find a Florida municipality that uses only verbal informal concurrence for advice and consent and urged recorded votes for department heads and deputies.
Commissioners debated legal overlap between charter Section 21 (advice and consent) and Section 26(b) (city manager authority). The city attorney said the opinion was advisory, but commissioners said a recorded vote would create an auditable public record. After discussion and public comment, the commission voted to adopt the interim five-step process pending formal charter revision by the Charter Review Committee.
The interim process calls for the city manager to nominate a candidate, place the nomination and candidate materials on the agenda, allow public discussion and then proceed to a motion and recorded vote. If a majority votes no, the city manager must nominate another candidate. The motion passed on a roll-call vote.
