Janet Matteson

From:

Sent:
To: Subject:

Page, Jamie [jepage@pensacol.gannett.com] Monday, November 08,2010 9:29 AM Rusty Wells RE: Yesterday's article

That was not an observation or an assumption on my part. It was the feeling of the very body that created the new charter. The charter says

Section 4.01. Mayor.

(a) Powers and Duties. The Mayor, who shall serve in a full-time capacity, and shall exemplifj good citizenship and exhibit a cooperative spirit, shall have the following powers and duties:

(1 1) To attend all meetings o f the City Council with authority to participate in discussions, but without power to vote.
I consulted the former CRC chairwoman, Crystal Spencer, on this particular point and she advised that it was the intent of the CRC when they created this piece of the charter that it was to be a duty and requirement of the mayor to attend all meetings of the council.
Ijust spoke with Spencer about this on Friday at the council's meeting to ratify the election results. If you have any doubt about this then you should call her yourself -- C. Spencer, cell-982-2239.

Jamie

--

--

--- ---

From: Rusty Wells Lrnailto: R W e l l s @ c i . ~ ~ , f l , u s l Sent: Monday, November 08, 2010 8:29 AM To: Jamie Page Cc: ashtonhavward@vahoo.con~ Subject: Yesterday's article

Jamie, this is just a note to let you know that your observation that ,"the charter says the new mayor must attend all meetings of the council ..." is not necessarily correct. The charter lists 15 "powers and duties" for the mayor, but attendance at council meetings may be a "power" and therefore discretionary, instead of a "duty" as you have assumed. The fact that the mayor has no vote indicates that attendance at council meetings would be a discretionary power, one that he may exercise or decline or execute through a designee.

WILLIAM D. WELLS
City Attorney

City of Pensacola 222 W. Main Street Pensacola, Florida 32502 Telephone: (850) 435-16 15 Fax: (850) 595-1290 email: rwells(iilci,~ensacola.fl.us