HomeMy WebLinkAboutBack-Up from Law DeptSec. 16. Same —Powers and duties.
The powers and duties of the city manager shall be to:
(a) See that the laws and ordinances are enforced.
(b) Appoint and remove, except as otherwise provided in this Charter, all directors of the departments and
all subordinate officers and employees in the departments in both the classified and unclassified
service; all appointments to be upon merit and fitness alone, and in the classified service all
appointments and removals to be subject to the civil service provisions of this Charter.
(c) Exercise control over all departments and divisions created herein or that may be hereafter created by
the city commission.
(d) Attend all meetings of the city commission with the right to take part in the discussion but having no
vote.
(e) Recommend to the mayor and city commission for adoption such measures as the city manager may
deem necessary or expedient.
(f) Keep the mayor and city commission fully advised as to the financial condition and needs of the city;
and
(g) Perform such other duties as may be prescribed by this Charter or be required by the mayor or
ordinance or resolution of the city commission.
(Res. No. 97-447, § 2, 7-3-97; Res. No. 01-843, § 2, 8-9-01)
Editor's note(s)—As to removal and suspension of chief of police, see annotation to charter § 26.
Case law reference(s)—It was the intention of the legislature to make the city manager at all times hold office
subject to the will of the commission upon whom rested the administrative affairs of the city government,
which could be speedily checked and corrected if necessary at the will of the commission by a change in the
office of the city manager. State v. Bloodworth, 134 Fla. 369, 184 So. 1.
Subsection (b)—The phrase "except as herein provided," employed in subsection (b) of this section, qualifies or
limits every provision of the city charter providing for removals in specific cases, and such other provisions
must be construed with the subsection. Bryan v. Landis, 106 Fla. 19, 142 So. 650.
The city manager has no summary power of appointment under civil service rules, and all appointments and
promotions by the city manager must be within the requirements of such rules. Bloodworth v. Suggs, 60 So. 2d
768.
Police officers may be demoted during probationary period after accepting probationary promotion in rank. Clarke
v. City of Miami, 81 So. 2d 217.
The city manager is not required as a matter of law to promote civil service employees when a vacancy occurs. His
refusal to fill vacancies due to economic conditions is a matter within his discretion. City of Miami v. Elmore, 131
So. 2d 517.
Where city manager opts to utilize advisory group to directly assist him in the decision -making process to select a
new police chief, the advisory group is a "board" within the meaning of F.S. § 286.011, the city manager is an
"agency" within the meaning of said statute, and meetings of the advisory group must be open meetings pursuant
to said statute. State v. Krause, 47 Fla. Supp. 36, aff'd Krause v. Reno, 366 So. 2d 1244.
(Supp. No. 10)
Created: 2021-09-20 13:47:38 [EST]
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Sec. 2-64. Charter amendments, method of drafting; approval by city commission; submission
to electorate.
(a) The city attorney shall draft, with the assistance of any individual the city attorney deems necessary, a
Charter amendment within 120 days after the city commission adopts a resolution directing the city attorney
to prepare such amendment or after the certification of a petition of ten percent of the qualified electors of
the city requesting such amendment.
(b) The Charter amendment drafted by the city attorney shall be approved in final form by the city commission
in a resolution calling for a special election upon the amendment. The resolution calling for the special
election shall include the text of the amendment draft approved by the city commission, and such draft shall
be deemed submitted to the electorate by the adoption of said resolution.
(c) A special election upon said amendment shall occur not less than 60 nor more than 120 days after the draft
is submitted.
(Ord. No. 13770, § 2, 6-28-18)
(Supp. No. 10)
Created: 2021-09-20 13:47:38 [EST]
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