HomeMy Public PortalAboutOrd 1675 - Chapter 2 Article IV, Division 4 City Manager - 01/14/2019SS Draft 11/9/2018
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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
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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.
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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