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HomeMy Public PortalAboutOrd 1675 - Chapter 2 Article IV, Division 4 City Manager - 01/14/2019SS Draft 11/9/2018 1 ORDINANCE NO. ___1675__________________ AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING CITY CODE OF ORDINANCES CHAPTER 2, ARTICLE IV, OFFICERS AND EMPLOYEES; PROVIDNG FINDINGS; ADOPTING DIVISION 4, CITY MANAGER, SEC. 2-180, CITY MANAGER AUTHORITY OVER CITY PERSONNEL; ADOPTING NEW PROVISIONS ADDRESSING AND CLARIFYING THE AUTHORITY OF THE CITY MANAGER OVER CITY PERSONNEL; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINACES IN CONFLICT HEREWITH TO THE EXTENT OF CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SECTION I. Findings. WHEREAS, the City of Crestview has enacted a new Charter by Ordinance No. 1660, which was duly adopted by the City Council on May 29, 2018, approved by referendum of the electorate on August 28, 2018, and was sent to the Florida Secretary of State on August 30, 2018, all in compliance with the requirements for amendment of a municipal charter as specified in FS Section 166.031; and WHEREAS, the new Charter for the City of Crestview went into effect on October 1, 2018; and WHEREAS, the new Charter provides that the City Council possesses the authority to appoint the Department Heads, Section 4.02(a)(5), with the recommendation of the City Manager, Section 5.04, but provides little additional detail as to the process to follow for hiring and disciplining the Department Heads and other employees; and WHEREAS, by omission of additional detail, the new Charter leaves to the City Council the discretion to assign to the City Manager the authority and responsibility for retaining/hiring Department Heads in a manner consistent with the Charter requirement that that the City Council has final appointment authority; and WHEREAS, likewise, by omission of additional detail on the subject of discipline of Directors and other employees, the new Charter leaves to the City Council the discretion to determine the extent of City Manager’s authority to discipline or remove the Department Heads and other employees; and WHEREAS, the City Council has determined that it is necessary and advisable to adopt this ordinance in order state and clarify (1) the City Manager’s authority and role relating to the hiring process for the Directors, (2) the City Manager’s general authority over all City personnel and SS Draft 11/9/2018 2 operations and (3) the City Manager’s authority relating discipline and removal of Directors and other employees; and WHEREAS, the City Council hereby determines and finds that this ordinance is in the best interest of the public health, safety and welfare. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA: SECTION II. Amendment to Code of Ordinances Chapter 2, Article IV, Officers and Employees. Code of Ordinances Chapter 2, Article IV, Officers and Employees is hereby amended to add Division 4, City Manager, Sec. 2-180, City Manager Authority over City Personnel, as follows: [Words that are underlined are being added, words that are struck through are being deleted, and words that are neither underlined nor struck through are not being amended.] DIVISION 4. - CITY MANAGER Sec. 2-180. – City Manager Authority over City Personnel. In addition to the authority, duties and obligations specified in the City Charter, and except as may be inconsistent with the Charter and/or adopted ordinances and policies of the City, the City Manager shall: 1. Determine the employment qualifications of the Department Heads and otherwise handle all aspects of the filling of vacancies in the positions of the Department Heads, provided that their appointment shall be by majority vote of the City Council. 2. Have complete and full authority acting on behalf of the City Council over each and every Department, Department Head and employee of the City, and full authority over all operations of the City. However, when any action is required by the Charter or ordinances on the part of the City Council, such action may be taken by the City Manager subject to the confirmation by the City Council in accordance with the Charter or Ordinance. 3. Have the authority to discipline, demote, suspend and/or remove any Department Head or employee in a manner consistent with the adopted ordinances and personnel policies of the City. The City Manager may authorize any Director or other administrative officer who is subject to the City Manager’s direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. SS Draft 11/9/2018 3 SECTION III: Severability. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION IV: Repeal of Ordinances in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION V: Effective Date. This ordinance shall take effect immediately upon its adoption. PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE 14th DAY OF JANUARY 2019 ATTEST: APPROVED BY ME THIS _______14th___ DAY OF _January____________, 2019