HomeMy WebLinkAboutSubmittal-Law Dept.-Various Sections of the City Code and CharterMunicode Submitted into the public
record in connection with
items SP.1 on 09-09-11
Priscilla A. Thompson
City Clerk
Sec. 16. - Same —Powers and duties.
Page 1 of 4
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) Perforrn such other dutiesas maybe prescribed by this Charter or be require(' by the mayor or
ordinance or resolution af the city commission.
(Res. No. 97-447, § 2, 7-3-97; Res. No. 01-843, § 2, 8-9-01)
Editor's note —
As to removal and suspension of chief of police, see annotation to charter 4 26
Case law reference—lt 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 ally govemment, 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 toaconomic 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, an Krause v. Reno, 366 So. 2d 1244.
Sec. 20. - Directors of departments.
The city manager shall appoint a director for each department and, in the city manager's discretion, may
consolidate two departments under one director. Each such director shall serve until removed by the city manager or
until a successor has been appointed and qualified, shall conduct the affairs of his or her department in accordance
with rules and regulations made by the city manager, shall be responsible for the conduct of the officers and
employees of his or her department, for the performance of its business, and for the custody and preservation of the
books, records, papers and property under its control, and, subject to the supervision and control of the city manager
in all matters, shall manage the department. None of the provisions of this section, however, shall be applicable to the
department of law, city clerk or office of independent auditor general. KJ
(Laws of Fla., ch. 21388(1941); Res. No. 01-843, § 2, 8-9-01)
Sec. 26. - Suspension and removal of chief of police and fire chief.
The city manager shall have the exclusive right to suspend the chief of police and fire chief for incompetence,
neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority, or for any other just and
reasonable cause. If either of such chiefs be so suspended the city manager shall forthwith certify the fact, together
with the cause of suspension, to the commission who within five (5) days from the date of receipt of such notice, shall
proceed to hear such charges and render judgment thereon, which judgment shall be final.
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- ove2 - St. 6 rn - Law Th2t- Various Sec ons of *le City Code
Municode
Editor's note —
See note to § 24
Submitted into the public
record in connection with
items SP.1 on 09-09-11
Priscilla A. Thompson
City Clerk
Page 2 of 4
Case law reference—Thls section provides the sole end exclusive means for suspending and removing the chief of police. Bryan v. Landis, 106
Fla. 18, 142 So. 650, 653.
The chief of police may be suspended by the city manager only for one or more of the causes enumerated in this section,
and when such suspension has been certified to the city commission and the cause thereof examined by them and found
after a full hearing to be well grounded, then the commission enters its affirmative judgment which is final. Nhen the
affirmative judgment of the commission is entered, the suspension of the chief of police eo instante becomes a removal, but,
if the judgment of the commission Is in the negative, the suspension ceases, andhe is eo instante reinstated. Bryan v.
Landis, 106 Fla. 19, 142 So.-650, 853.
The city manager may not summarily remove from office the chief of police without notice or opportunity to be heard in his
defense. Bryan v. Landis, 106 Fla. 19, 142 So. 650, 651.
Pursuant to charter section 19 the department of public safety and the divisions thereof, police and fire, were discontinued.
Subsequent ordinances established a department of police and department of fire with each department having a director.
Section 16 of this charter authorizes the city manager to remove all department directors in accordance with the provisions
set forth in this charter.
Sec. 36. - Civil service.
(a) Creation of board; appointment; terms of office; vacancies; rules and regulations. A civil service board of the
city is hereby created and established. There shall be five members constituting the said civil service board.
Three shall be appointed by the city commission, and two shall be elected by the employees of the city with
civil service status, from said employees with such civil service status. The two so elected shall become
members of the board when confirmed by the city commission. All members of the said civil service board
shall serve for two years, and they shall take office as soon as appointed and qualified. The city commission
may remove any member of the board for cause, upon stating in writing the reasons for the removal, after
allowing him or her to be heard by the city commission in his or her own defense. Any vacancy shall be filled
by the city commission for the unexpired terrn. The city manager shall be authorized to prescribe the rules,
regulations, and procedure for the holding of election for the purpose of electing the two members of the WI
service board by the city employees with civil service status.
(b) Chairperson; examiner; subordinates. Immediately after appointment, the board shall organize by electing one
of Its members chairperson. The board shall appoint a chief examiner who shall be a member of the board and
who shall also act as secretary. The board may appoint such other subordinates as may by appropriation be
provided for.
(c) Unclassified and classified service. The civil service of the city is hereby divided into the unclassified and the
classified service.
(1) The unclassified service shall include:
(A) The city manager, his or her assistants, and secretarial staff;
(B) The heads of departments, members of appointive boards, judges of the city court, the city clerk,
chief of police, chief of fire division, and the superintendent of communications division;
(C) Assistants to department heads:
Assistant chiefs of the plice division;
All ranks in the police division above the classified position of police captain;
Assistant chiefs of the fire division;
Chief of fire prevention;
Director of training In the fire division;
Battalion chiefs;
Chief of fire rescue;
Assistant to the superintendent of the division of communications;
Director of corrections.
(D) All attorneys employed by the city. The city attorney shall be the supervisor of all attorneys
employed by the city. The city attorney shall have exclusive authority regarding, but not limited to
appointment, removal and salary as to assistant city attomeys. The foregoing provisions of
subsection (D) shall not apply to those attorneys In the classified service of the city on November
1, 1972.
Attorneys with permanent civil servicerights appointed by the city attorney to any applicable
unclassified position above, shall retain civil service rights in the position from which selected as
may have accrued.
Personnel with permanent civil service rights appointed by the city manager to unclassified positions
shall retain said civil [service] rights in the position from which selected as may have accrued.
(2) The classified services shall include all positions not specifically included by this Charter in the
unclassified service. There shall be In the classified service three classes, to be known as the
http ://library.municode .com/print.aspx?clientlDl�93 3 &HTIVIRequest=h-ttp%3 a%2Wo2flib... 9/9/2011
Submitted into the public
record in connection with
items SP.1 on 09-09-11
Priscilla A. Thompson
City Clerk
City Code
Sec. 42-2. - Appointment of director of police department.
(a)
The city manager is hereby authorized to appoint a director of the police department who shall serve
subject to the supervision and the control of the city manager. The chief of police shall be the director of
the police department, appointed in accordance with the provisions set forth in the city Charter.
(b)
The city manager shall have the exclusive right to suspend the chief of police for incompetence, neglect
of duty, immorality, drunkenness, failure to obey orders given by proper authority, or for any other just
and reasonable cause. If such chief be so suspended, the city manager shall forthwith certify the fact,
together with the cause of suspension, to the commission who, within five days from the date of receipt
of such notice, shall proceed to hear such charges and render judgment thereon, which judgment shall
be final.
(c)
If the chief is arrested for a felony or for a misdemeanor related to the duties of office or is indicted or
informed against for the commission of a federal felony or misdemeanor or state felony or
misdemeanor, the provisions of FS. § 112.51(2) shall apply.
Sec. 42-3. - Powers and duties of director of police department.
Subject to the supervision and control of the city manager in all matters, the director of the police
department shall administer the affairs of the department which shall include the immediate direction
and control of the police force, and he is charged with responsibilities for the prevention, control and
suppression of crime in the city. The responsibilities of the police department shall include, but not be
limited to, the activities of police administration, traffic control, police patrols, training, criminal
investigation, vehicle inspection, police property, police records and the complaint center.
City Charier
Sec. 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)
Submitted into the public
record in connection with
items SP.1 on 09-09-11
Priscilla A. Thompson
City Clerk
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; aliappointments 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
and
(g)
nanc
al condition and needs of the city;
Perform such other duties as may be prescribed by this Charter or be required by the mayor or
ordinance orresolution of the city commission.
(Res. No. 97-447, § 2, 7 3 97; Res. No. 01-843, § 2, 8-9-01)
Editor's note —
As to removal and suspension of chief of police, see annotation to charter § 26
Case law reference --It was the intention of the legislature to make the city manager at all times hold
bffice 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 to specific cases, and such
other provisions must be construed with the subsection. Bryan v. Landis, 106 Fia. 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. 2c1517.
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. 4 286.011, 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, affd Krause v.
Reno, 366 So. 2d 1244.
Submitted into the public
record in connection with
items SP.1 on 09-09-11
Priscilla A. Thompson
City Clerk
City Charter
Sec. 20. - Directors of departments.
The city manager shall appoint a director for each department and, in the city manager's discretion,
may consolidate two departments under one director. Each such director shall serve until removed by
the city manager or until a successor has been appointed and qualified, shall conduct the affairs of his
or her department in accordance with rules and regulations made by the city manager, shall be
responsible for the conduct of the officers and employees of his or her department, for the
performance of Its business, and for the custody and preservation of the books, records, papers and
property under Its control, and, subject to the supervision and control of the city manager in all
matters, shall manage the department. None of the provisions of this section, however, shall .be
applicable to the department of law, city clerk or office of independent auditor general. Lsl
(Laws of Flo., M. 21388(1941); Res. No. 01.843, § 2, 8-9-01)
Submitted into the public
record in connection with
items SP.1 on 09-09-11
Priscilla A. Thompson
City Clerk
City Charier
Sec. 26. - Suspension and removal of chief of police and fire chief.
The city manager shall have the exclusive right to suspend the chief of police and fire chief for
incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by proper
authority, or for any other Just and reasonable cause. If either of such chiefs be so suspended the city
manager shall forthwith certify the fact, together with the cause of suspension, to the commission
who within five (5) days from the date of receipt of such notice, shall proceed to hear such charges
and render Judgment thereon, which Judgment shall be final.
Editor's note—
See note to§24
Case law reference —This section provides the sole and exclusive means for suspending and removing
the chief of police. Bryan v. Landis, 106 Fla. 19,142 So. 650, 653.
The chief of police maybe suspended by the city manager only for one or more of the causes
enumerated in thls section, and when such suspension has been certified to the city commission and
the cause thereof examined by them and found after a full hearing to be well grounded, then the
commission enters Its affirmative Judgment which is final. When the affirmative judgment of the
commission is entered, the suspension of the chief of police eo instante becomes a removal, but, If
the Judgment of the commission Is in the negative,the suspension ceases, and he Is eo instante
reinstated. Bryan v. Landis, 106 Fla. 19,142 So. 650, 653.
The city manager may not summarily remove from office the chief of police without notice or
opportunity to be heard in his defense. Bryan v. Landis, 106 Fla. 19,142 So. 650, 651.
Pursuant to charter section 19 the department of public safety and the divisions thereof, police and
fire, were discontinued. Subsequent ordinances established a department of police and department
of fire with each department having a director. Section 16 of this charter authorizes the city manager,
to remove all department directors in accordance with the provisions set forth In this charter.
Submitted into the public
record in connection with
items SP.1 on 09-09-11
Priscilla A. Thompson
City Clerk
City Charter
Sec. 36. - Civil service.
(a)
Creation of board; appointment; terms of office; vacandes; rules and regulations. A civil service board
of the city is hereby created and established. There shall be five members constituting the said civil
service board. Three shall be appointed by the city commission, and two shall be elected by the
employees of the city with civil service status, from said employees with such civil service status. The
two so elected shall become members of the board when confirmed by the city commission. All
members of the said civil service board shall serve for two years, and they shall take office as soon as
appointed and qualified. The city commission may remove any member of the board for cause, upon
stating in writing the reasons for the removal, after allowing him or her to be heard by the city
commission In his or her own defense. Any vacancy shall be filled by the city commission for the
unexpired term. The city manager shall be authorized. to prescribe the rules, regulations, and
procedure for the holding of election for the purpose of electing the two members of the civil service
board by the dty employees with civil service status.
(b)
Chairperson; examiner; subordinates. Immediately after appointment, the board shall organize by
electing one of its members chairperson. The board shall appoint a chief examiner who shall be a
member of the board and who shall also act as secretary. The board may appoint such other
subordinates as may by appropriation be provided for.
(c)
Undassijied and dasslfied service. The dvil service of the city ishereby divided into the unclassified
and the classified service.
(1)
The unclassified service shall inciude:
(A)
The dty manager, his or her assistants, and secretarial staff;
(11)
The heads of departments, members of appointive boards, judges of the city court, the city clerk, chief
of police, chief of fire division, and the superintendent of communications division;
(C)
Assistants to department heads:
Submitted into the public
record in connection with
items SP.1 on 09-09-11
Priscilla A. Thompson
City Clerk
Assistant chiefs of the police division;
All ranks in the police division above the classified position of police captain;
Assistant chiefs of the fire division;
Chief of flre prevention;
Director of training In the fire division;
Battalion chiefs;
Chief of flre rescue;
Assistant to the superintendent of the division of communications;
Director of corrections.
(D)
All attorneys employed by the city. The dty attorney shall be the supervisor of all attorneys employed
by the dty. The city attorney shall have exclusive authority regarding, but not limited to appointment,
removal and salary as to assistant city attorneys. The foregoing provisions of subsection (D) shall not
apply to those attorneys in the classified service of the city on November 1,1972.
Attorneys with permanent civil service rights appointed by the city attorney to any applicable
unclassified position above, shall retain civil service rights in the position from which selected as may
have accrued.
Personnel with permanent civil service rights appointed by the city manager to unclassified positions
shall retain said civil [service] rights in the position from which selected as may have accrued.
(2)
The dasslfled services shall include all positions not specifically Included by this Charter in the
unclassified service. There shall be in the classified service three Basses, to be known as the
competitive class,noncompetitive class, and labor class.
(A)
The competitive class shall include all positions and employment for which it is practicable to
determine the merit and fitness of applicants by competitive examinations.
(B)
The noncompetitive class shall consist of all positions requiring peculiar andexceptional qualifications
of a sdentlflc, city managerial, professional, or educational character, as may be determined by the
rules of the board.
(C)
The labor dass shall include ordinary unskilled labor.
Submitted into the public
record in connection with
items SP.1 on 09-09-11
Priscilla A. Thompson
City Clerk