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HomeMy WebLinkAbout041344-Adjourned Session MINUTES CITY COMMISSION, SANFORD, FLORIDA, A~_l 13 .t ~:3o ~ ~ 19 44 The City Commission of the City of Sanford, Florida, met in adjourned regular session at the City Hall in the City of Sanford, Florida, at 2:30 o'clock P.M. April 13,1944 Present: Commissioner Edward Higgins, Mayor. # George D.Bishon " H.Jame$ Gut # W.C.Hill # M.J.Lodge City Attorney Fred R. Wllson City Clerk H.N.Sayer Meeting called to order by the Chairman. The Commission then oroceeded to a lengthy study and discussion of the Dfc- posed ordinance creating a civil City Attorney Wilson. Thereupon after careful ordinance be ~laced on its first service system for City emnloyees, as submitted by consideration, Commissioner Bishop moved that said reading. Seconded by Commissioner Hill and carried unanimously. Thereupon Commissioner Bishop introduced said Ordinance No. 349, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CREATING A CIVIL SERVICE SYSTEM FOR SAID CITY; DEFINING WHO SHALL BE EMBRACED IN SAID CIVIL SERVICE SYSTEM| PROVIDING FOR THE ESTABLISHMENT OF A CIVIL SERVICE BOARD; PRESCRIBING THE QUALI- FICATIONS OF THE MEMBERS OF SAID CIVIL SERVICE BOARD AND DEBIGNATING CAUSES AND METHO~ FOR THEIR REMOVAL; PRESCRIBING THE POWERS AND DUTIES OF SAID CIVIL BERVICE BOARD, PRESCRIBING THE MANNER IN WHICH PERSONS ENGAGED BY THE CITY MAY BE EMPLOYED, PROMOTED, DEMOTED OR DISCHARGED; DEFINING THE RIGHTS PRIVILEGEB DUTIES AND OBLI- GATIONS OF MEMBERS OF SAID CIVIL SERVICE AND AUTHORIZING THE CItY COMMIBBION <~TO FIX THEIR COMPENBATION~ PROVIDING A PROCEDURE FOR THE TRIAL OF APPEALB BY THE MEMBERS OF THE CIVIL BERVICE TO THE CIVIL SERVICE BOARD. AND SAME WAS PLACED ON ITB FIRST READING AND READ IN FULL BY THE CLERK. On motion of Commissioner Gut, seconded by Commissioner Bishop and carried, the Clerk was next directed to ~ublish the aforesaid ordinance No. ~9 in the Sanford Herald. In response to a letter written by Attorney Garland W. Bnencer to the Banford Herald and the Orlando Morning Bentinel on April 12,19~4, with reference to Civil Bervice for City employees, which was published in both newspapers, Mayor Hlggins next read the following letter of redly, addressed to the aforesaid newspapers, and on motion duly carried, and their signatures affixed thereto. same was approved by the City Commission "April 13,19~4 The Sanford Herald Banford, Florida. Gentlemen: Orlando Morning Sentinel Orlando, Florida. In view of the articles in your oaoer regarding the Civil Service for City employees of Sanford, I would thank you to run the following statement: The police and firemen of the City of Sanford aonroached the City Commission regarding Civil Service the first hart of the nreeent year requesting an election as provided in Chanter 17166 Laws of Florida Acts of 1935. Upon examination of the Act by the City Attorney and the Commission , i~ was found that all of the emoloyees of the C~ty of Sanford would net be covered by it. The employees of the City of Sanford that would be eligible for Civil Service number aoDrox~mately 45, of which 15 are firemen and policemen. The Commission, wishing to treat all employees alike, instructed their attorney to secure copies of MINUTES CiTY COMMISSION, SANFORD. FLORIDA, Apr 1] at 2:~0 P M 19 ~ by special acts. This investigation and study resulted in an ordinance prepared by the City Attorney that was presented at a meeting of the City Commission Tuesday night. After discussion and making several changes that were suggested by citizens and employees, this ordinance was placed on its first reading at an adjourned session of the regular meeting Thursday, April 1]. The City Commission instructed the Clerk to publish this ordinance in a Banford newspaper and in behalf of the Commission, I hereby request the criticism or suggestions of any citizen or em- Dloyee so that such suggestions can be studied by the Commission to be incorporate~ prior to the final passage of this ordinance. This ordinance will be placed on its second reading at the regular meeting of the City Commission April 24, and we will be glad to have any citizen or employee Dresent to express his views. We are handling this matter by an ordinance so as to get the Civil Service operation in a workable form so that it can be presented to the next Legislature as an amendment to the City Charter with a referendum so that the people of the community can express themselves. In this way we will escaoe the embarrassing Dosition and the suits now pending in several cities that are operating under the State Act for Firemen and Policemen . In regard to my remarks as quoted in your pacer by Attorney G.W.Spencer regarding a representative for a group of City employees-- my authority for making this statement is based on a letter of the Attorney General of the State of Florida addressed to A.B. Curry,City Manager of the City of Miami, a Dart of which is pertinent to this situation. In concurring in the oDlnion of the City Attorney of the City of Miami, the Attorney General wrote as follows: "With this opinion I thoroughly concur. However, there is a question that I feel far exceeds and transcends the one passed upon by the City Attorney and that is, that no organization, regardless of who it is affiliated with, union or non- union, can tell a political subdivision possessing the attributes of sovereignty, who it can employ, how much it shall DaY them, OR ANY OTHER MATTER OR THING RELAT- ING TO ITS EMPLOYEES. To even countenance such a proposition would be to surrender a portion of the sovereignty that is possessed by every municipal corporation and such a municipality would cease to exist as an organization controlled by its citizens, for after all, government is no more than the individuals that go to one make up the same and no/can tell the people how they should run their government. It is for the people to say, through their duly CONSTITUTED AND ELECTED OFFICIALS, how the government should be run under such authority and powers as the people them- selves give to a ~ublic corporation such as a city. This has been recognized to such an extent that there are very few authorities upon this subject. As a mat- ter of fact I have most carefully searched the authorities since the receipt of your letter and I find that the question has arisen only one time in the Courts of the United States and I shall hereinafter refer to that case.' Attorney Spencer was informed that, as a citizen and taxpayer, we would gladly listen to and appreciate any suggestions. Regarding my remark that the City Commission was going to bass a Civil Service Ordinance that would suit them -- this remark was correctly quoted by Mr. Spencer, and I am still of the opinion that the duly elected officials of the City should perform their duties according to law and the powers that they are given MINUTES CiTY COMMISSION, SANFORD, FLORIDA,~ 2:~0 P M 19 44 the office, they h~ve recourse by ballot to eliminate them and elect others. Of course, employees being citizens enjoy the same orivilege. The City Commission, which includes the Mayor, of Sanford is composed of local business men who devote a great deal of their valuable time to the affairs of the City. Their compensation is $4.00 a meeting, aporoximately $200.00 a year. There is no incentive or reason for them to attemot to oeroetuate them- selves in office except at the wish of the people. Very truly yours, Edward Higgins Mayor, " Edward HigMins mr Mr. High-ins, Mayor of the City 0ommiselon, read this letter to the City Oommiselon ae of this date, and they individually and collectively hereby concur in and approve this statement and their signatures are hereby affixed. M.J,Lodge COMMISSIONER George. DtBishop COMMISSIONER H,James Gut C$~MISSIONER W,G,Hill I Pursuant to the request of the United States Navy Deoartment to nurchaee the City's old airport property located on South Sanford Avenue for use in connect- ion with the Sanford Naval Air Station, which was authorized by the City Commission at the meeting of February 28,1944, at a price of $8,000.00, request next received from the Officer in Charge of Construction, Naval Air Operational Training Command Jacksonville, Florida, for authority for the Navy Denartment and its Contractors to enter into the immediate possession of that portion of the airport described as follows, and to demolish such improvements as now are situated thereon and to undertake such construction work as may be necessary; with the understanding that any action in this regard shall in no way derogate from the City the right to be adequately and fully comoeneated for the taking of such nrooerty, either through a proceeding to condemn the same or otherwise. Beginning at a Doint 132~.12' North and 1116.25' East of the S.W. Corner of Section 7, Township 20 South, Range 31 East and running parallel to the South line of said Section 7 Easterly 600'; thence at right angles Northerly 600'; thence at right angles Westerly 600'; thence an angle of 170°08' to the left off of a backsight, approximately 1133.18' to the East side of Sanford Avenue; thence an angle 99o55' to the left 101.58' to a ooint on the East side of Sanford Avenue; thence an angle of $0o05' Easterly 113~.1S'; thence an angle of 80o05' to the right, from forward projection, ~98.42' to the beginning..~ontaiging 8.74 acres and b~i~g a cart of the North 1/2 of the S . W. 1/~ of Dection ?, Townshio 20 curb, Range 31 East, which orooerty is known as the Old City of Sanf°rd, Fla. Airport. Thereupon Commissioner Gut moved that the Mayor be authorized to execute a letter on behalf of the City authorizing the Navy Department to enter into and take immediate nossession of the above described portion of the City's airoort Droperty, under the terme and conditions as outlined above. Seconded by Commissioner Bishop and carried. There being no Att~t= further business the meeting adjo~e~./