4246 Repeal Civil Service BoardOrdinance No. 2011- 4246
An ordinance of the City of Sanford, Florida pertaining to the civil
service board and personnel matters; repealing Sections 2-245, 2-246
and 2-247 of the City Code of the City of Sanford, amending Section
4.02 of the City Charter of the City of Sanford, Florida; providing for
implementing administrative actions; providing for a savings
provision; providing for conflicts; providing for severability;
providing for codification and providing for an effective date.
Be it Enacted By the People of the City Of Sanford, Florida:
Section 1. Legislative Findings.
(a). The City staff report and City Commission agenda memorandum relating
to this matter are hereby adopted as if fully set forth herein.
(b). The City of Sanford has complied with all requirements and procedures of
controlling Florida law.
Section 2. Repeal of Sections 2-245, 2-246 and 2-247, City Code, Relating
To Civil Service Board. Sections 2-245, 2-246 and 2-247 of the City Code of the City
of Sanford, Florida are repealed:'
filed with the eity FAaRageF t9 the beaFd whieh shall, theFeupeR, heaF sweh appeals and
The text of the repealed sections is provided for the ease of the reader.
For purposes of this Ordinance, underlined type shall constitute additions to the original text, *" shall constitute
ellipses to the original text and stgkethmugh shall constitute deletions to the original text.
K
Section 3. Amendment To Section 4.02, City Charter, Relating To
Personnel System. Section 4.02 of the City Charter of the City of Sanford, Florida is
amended to read as follows:2
Section 4.02. Personnel system.
(a) Merit principle. All appointments and promotions of city officers and employees
shall be made solely on the basis of merit and fitness demonstrated by examination or
other evidence of competence.
2 Section 166.031(5), Florida Statutes, provides, in pertinent part, that "[a] municipality may, by unanimous vote of
the governing body, abolish municipal departments provided for in the municipal charter ...."
For purposes of this Ordinance, underlined type shall constitute additions to the original text, *" shall constitute
ellipses to the original text and stFiket1weugh shall constitute deletions to the original text.
3
(b) Personnel director. There shall be a personnel director appointed by the City
Manager who shall administer the personnel system of the City.
(c) Personnel rules. The personnel director shall prepare personnel rules in
accordance with existing Federal and/or State Laws as they relate to the function of
personnel administration. In some cases, such rules shall be prepared in accordance
with specific need or to comport with sound, overall personnel functioning. Such rules
shall be proposed, reviewed, and approved by the City Manager, Givil SeFviee 139ard, or
City Commission as appropriate. Said personnel rules shall be published in the
Personnel Handbook.
Section 4. Implementing Administrative Actions.
The City Manager and City Clerk are hereby authorized and directed to
implement the provisions of this Ordinance.
Section 5. Savings.
The prior actions of the City of Sanford relating to personnel actions, matters and
processed by the City of Sanford are hereby ratified and affirmed.
Section 6. Conflicts.
All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed.
Section 7. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
For purposes of this Ordinance, underlined type shall constitute additions to the original text, *** shall constitute
ellipses to the original text and soh shall constitute deletions to the original text.
4
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 8. Codification.
Except for Sections 2 and 3, the provisions of this Ordinance shall not become
and be made a part of the Code of Ordinances of the City of Sanford, Florida.
Attest.
Section 9. Effective Date.
This Ordinance shall become effective immediately upon enactment.
Passed and adopted this 8th day of August, 2011.
City Commission 4 of the City of
Sanford, Florid
L
Janet Dougherty, Cit Clerk U Jeff Triplett,
Approved as to form
and legdl sufficiency.
im L. Colbert, Citq'�r e�,
/V l
For purposes of this Ordinance, underlined type shall constitute additions to the original text, *** shall constitute
ellipses to the original text and stfikethFeugh shall constitute deletions to the original text.
.. WS RM
Item No.
CITY COMMISSION MEMORANDUM i f -'1 13
JULY 11, 2011 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Lonnie Groot, City Attorney and Fred W. Fosson, Director of Human
Resources and Risk Management
SUBMITTED BY: Tom George, Interim City Manager TT
SUBJECT: Repeal of Civil Service Board
SYNOPSIS:
Enactment of an ordinance repealing Sections 2-245, 2-246 and 2-247, Code of Ordinances of the
City of Sanford, relating to the defunct Civil Service Board (CSB) is proposed.
FISCALISTAFFING STATEMENT:
The enactment of the proposed ordinance would not result in additional costs to the City. However,
the use of administrative processes of a normative nature involving employee matters is a cost
effective manner of providing administrative due process to employees.
BACKGROUND:
In August 2005 the City Commission enacted. Ordinance Number 3953, which was initiated by
Interim City Manager Eugene Miller and which, in part, repealed sections of the Code of
Ordinances of the City of Sanford relating to the CSB. This action was part of the steps taken by
Mr. Miller who desired to normalize the employee context of Sanford City Government vis-a-vis
the provisions of the City Charter which provides, in pertinent parts, that:
Section 3.04. Powers and duties of the city manager.
The City Manager shall be the chief administrative officer of the city. The City
Manager shall be responsible to the Commission for the administration of all City
affairs placed in his or her charge by or under this charter. The City Manager shall
have the following powers and duties:
(1) He shall appoint and, when he or she deems it necessary for the good of
the service, suspend or remove all city employees and appointive
administrative officers as provided for by or under this charter, except as
otherwise provided by law, this charter or personnel rules adopted pursuant to
this charter. The City Manager may authorize any administrative officer who
is subiect to his or her direction and supervision to exercise these powers with
respect to subordinates in that officer's department, office or agency;
(2) direct and supervise the administration of all departments, offices and agencies
of the city, except as provided by this charter or by law;
(3) attend all commission meetings and shall have the right to take part in
discussion but may not vote;
(4) see that all laws, provisions of this charter and acts of the commission, subject
to enforcement by the City Manager or by officers subject to his or her direction
and supervision, are faithfully executed;
(5) prepare and submit the annual budget and capital program to the commission,
on or before July 1 st of each year;
(6) submit to the commission and make available to the public a complete report
on the finances and administrative activities of the city as of the end of each fiscal
year;
(7) make such other reports as the commission may require concerning the
operations of city departments, offices and agencies subject to the City Manager's
direction and supervision;
(8) keep the commission fully advised as to the financial condition and future
needs of the city and make such recommendations to the commission concerning
the affairs of the city as he or she deems desirable; and
(9) perform such other duties as are specified in this Charter or may be required by
the Commission.
Section 2.05. Prohibitions.
(a) Holding other office. Except where authorized by law, no commissioner shall
hold any other city office or city employment during the term for which he or she
was elected to the commission and no former commissioner shall hold any
compensated appointive city office or employment or hold any city board or
committee position until one year after the expiration of the term for which he or
she was elected to the commission.
(b) Appointments and removals. Neither the mayor, the Commission, nor any
of its members shall in any manner dictate the appointment or removal of any
City administrative officers or employees whom the City Manager or any of
his subordinates are empowered to appoint, but the Commission may express
its views and fully and freely discuss with the City Manager anything _
pertaining to appointment and removal of such officers and employees.
(c) Interference with administration. Except for the purpose of inquiries and
investigations under section 2.09, the mayor, the commission, or its members shall
deal with the city officers and employees who are subject to the direction and
supervision of the city manager solely through the city manager, and neither the
commission nor its members shall give orders to any such officer or employee,
either publicly or privately.
Section 4.02. Personnel system.
(a) Merit principle. All appointments and promotions of city officers and
employees shall be made solely on the basis of merit and fitness demonstrated by
examination or other evidence of competence.
(b) Personnel director. There shall be a personnel director appointed by the
City Manager who shall administer the personnel system of the City.
(c) Personnel rules. The personnel director shall prepare personnel rules in
accordance with existing Federal and/or State Laws as they relate to the function of
personnel administration. In some cases, such rules shall be prepared in accordance
with specific need or to comport with sound, overall personnel functioning. Such
rules shall be proposed, reviewed, and approved by the City Manager, Civil Service
Board, or City Commission as appropriate. Said personnel rules shall be published
in the Personnel Handbook.
(Emphasis hasis added).
As a result the CSB was discontinued and no appointments to the CSB have been appointed since
that time. The CSB is a defunct and inoperable entity. Administratively, since that time, all
hearings that had formerly been heard by the CSB are heard by the City Manager's office.
However, neither Ordinance Number 3953 nor the board reform ordinance totally eliminated the
CSB. That was an oversight that is proposed to be remedied. The proposed ordinance would
eliminate the CSB in its entirety as authorized by controlling State law.
LEGAL. REVIEW:
The City Attorney has reviewed and approved the attached proposed ordinance.
RECOMMENDATION:
Staff recommends that the City Commission enact Ordinance 4246.
SUGGESTED MOTION:
"I move to enact Ordinance 4246."
Attachments:
• Proposed Ordinance 4246
Ordinance No. 2011- 4246
An ordinance of the City of Sanford, Florida pertaining to the civil
service board and personnel matters; repealing Sections 2-245, 2-246
and 2-247 of the City Code of the City of Sanford; amending Section
4.02 of the City Charter of the City of Sanford, Florida; providing for
implementing administrative actions; providing for a savings
provision; providing for conflicts; providing for severability;
providing for codification and providing for an effective date.
Be it Enacted By the People of the City Of Sanford, Florida:
Section 1. Legislative Findings.
(a). The City staff report and City Commission agenda memorandum relating
to this matter are hereby adopted as if fully set forth herein.
(b). The City of Sanford has complied with all requirements and procedures of
controlling Florida law.
Section 2. Repeal of Sections 2-245, 2-246 and 2-247, City Code, Relating
To Civil Service Board. Sections 2-245, 2-246 and 2-247 of the City Code of the City
of Sanford, Florida are repealed:'
The text of the repealed sections is provided for the ease of the reader.
For purposes of this Ordinance, underlined'type shall constitute additions to the original text, *** shall constitute
ellipses to the original text and st4kethFough shall constitute deletions to the original text.
N
Cnn 7_744: Seer tar- j general operations.
Mi
.itilOiu l�t�Jlfrtl�\�lf\.Jr'a.fa� n�'f PJ�i�J�lS.. t......... l�\44� <Jarl r.�l l�J r!•�f�J>•�J. r'17•�l ff �l.'Ja.,�1
lam...... ..... frl rJfr.�ll�afl■t.l�l.lJll.fl fffrZ>,�r'r.fl..��lf>t ilsff,fl:fl!\fl't.t t.a�i.J.Jafl fl�.l•.�J.l.J 1 CM.21 tflf
Section 3. Amendment To Section 4.02, City Charter, Relating To
Personnel System. Section 4.02 of the City Charter of the City of Sanford, Florida is
amended to read as followS:2
Section 4.02. Personnel system.
(a) Merit principle. All appointments and promotions of city officers and employees
shall be made solely on the basis of merit and fitness demonstrated by examination or
other evidence of competence.
2 Section 166.031(5), Florida Statutes, provides, in pertinent part, that "[a] municipality may, by unanimous vote of
the governing body, abolish municipal departments provided for in the municipal charter ... "
For purposes of this Ordinance, underlined type shall constitute additions to the original text, " shall constitute
ellipses to the original text and st iket#reugh shall constitute deletions to the original text.
3
(b) Personnel director. There shall be a personnel director appointed by the City
Manager who shall administer the personnel system of the City. l
(c) Personnel rules. The personnel director shall prepare personnel rules in
accordance with existing Federal and/or State Laws as they relate to the function of
personnel administration. In some cases, such rules shall be prepared in accordance
with specific need or to comport with sound, overall personnel functioning. Such rules
shall be proposed, reviewed, and approved by the City Manager, , or
City Commission as appropriate. Said personnel rules shall be published in the
Personnel Handbook.
Section 4. Implementing Administrative Actions.
The City Manager and City Clerk are hereby authorized and directed to
implement the provisions of this Ordinance.
Section 5. Savings.
The prior actions of the City of Sanford relating to personnel actions, matters and
processed by the City of Sanford are hereby ratified and affirmed.
Section 6. Conflicts.
All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed.
Section 7. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
For purposes of this Ordinance, underlined type shall constitute additions to the original text, *** shall constitute
ellipses to the original text and stAket#reugh shall constitute deletions to the original text.
Ii
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 8. Codification.
Except for Sections 2 and 3, the provisions of this Ordinance shall not become
and be made a part of the Code of Ordinances of the City of Sanford, Florida.
Section 9. Effective Date.
This Ordinance shall become effective immediately upon enactment.
Passed and adopted this day of
Attest
Janet Dougherty, City Clerk
Approved as to form
and legal sufficiency.
William L. Colbert, City Attorney
2011.
City Commission of the City of
Sanford, Florida
Jeff Triplett, Mayor
For purposes of this Ordinance, underlined type shall constitute additions to the original text, *** shall constitute
ellipses to the original text and stAkethmugh shall constitute deletions to the original text. .