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3448.:, ORDINANCE NO. 3448 AN ORDINANCE OF THE CITY OF SANFORD, FLOR!DA; AMENDING ARTICLE IV, SECTION 4.01 (c) AND (d) OF THE CHARTER OF THE CITY OF SANFORD, SUBJECT TO APPROVAL OF THE ELECTORS OF THE CITY OF SANFORD, TO CHANGE THE PARTY AUTHORIZED TO HIRE AND SUPERVISE THE FIRE AND POLICE CHIEFS FROM THE CITY COMMISSION TO THE CITY MANAGER, EFFECTIVE IMMEDIATELY UPON APPROVAL OF ELECTORS OF THE CITY OF SANFORD; PROVIDING FOR REFERENDUM ELECTION BY CITY ELECTORS ON MARCH 2, 1999; PROVIDING BALLOT QUESTIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATES. WHEREAS, the City Commission of the City of Sanford, Florida, may submit to the electors of the City proposed amendments to the Charter pursuant to Chapter 166, Florida Statutes; and WHEREAS, the City Commission finds it in the best interest of the City to review and revise the Charter of the City; and WHEREAS, the City Commission finds it in the best interest of the City to amend Article IV, Section 4.01 (c) and (d) of the Charter to change the party authorized to hire and supervise the Fire and Police Chiefs from the City Commission to the City Manager; and WHEREAS, the City Commission desires to submit the proposed Charter amendments to the electors of the City for a referendum at the election to be held on !~larch 2, ! 999. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: Section 1: That Article IV, Section 4.01 (c) and (d) of the Charter of the City of Sanford, is hereby amended, subject to the approval of the electors of the City of Sanford, to read as follows: (c) Chief of police to be appointed by city comn~ission manager. There shall be a chief of police who shall be appointed by the City Commission Manager from eligible lists to be furnished by the civil service board. The chief of police shall be the head of the police department, and as such shall appoint subordinates from eligible lists to be furnished by the civil service board. The chief of police shall have power, for cause, to discipline any officer or employee of the police force and shall perform such other dudes as may be required by this act [charted, by the laws and ordinances of the city or by the City Commission !~anager. The chief of police shall be responsible to the City Commission Manager for the proper functioning of the police department. The chief of police and other police officers or patrolmen shall receive compensation as may be fixed by the City Commission. (d) Fire department created; officers and employees; appointment. There shall be a fire department, to consist of a chief, who shall be appointed by Commission the City Manager from eligible lists to be fumished by the civil service board. The fire chief shall be the head of the fire department and as such shall appoint subordinates from eligible lists to be furnished by the civil service board. The chief of the fire department shall have the control of the stationing and transferring of all firemen, subject to such rules and regulations as are prescribed by the City Con~mission Manager and shall perform such other duties as are required by this act [charter], by the laws of the City or by the City Commission Manager. The chief of the fire department and subordinates shall receive such compensation as may be fixed by the City Commission. Secdon 2: That the question of the approval of these Chaffer amendments of the City of Sanford, Florida, as provided in this Ordinance, shall be submitted to a vote of electors of the City at a referendum to be held in the City of Sanford on March 2, 1999. Section 3: That the form of the ballot shall be in a clear concise statement without argument or prejudice. The ballot questions to be used in the referendum election shall be substantially in the following form: '2- Ordinance No. 3448 Proposed Amendment to Sanford Charter to Change Party Authorized to Hire/Supervise Fire/Police Chiefs. Shall Article IV, Section 4.01 (c) and (d) of the Charter of the City of Sanford be amended to change the party authorized to hire and supervise the Fire and Police Chiefs from the City Commission to the City Manager, to allow for consistent supervision of all city employees by the City Ivlanager, effective !,4arch 2, 1999? yes no Section 4: Conflicts. All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. If approved by the electors of the City, all references to the hiring and/or supervision of the Police Chief and/or Fire Chief shall be changed from the City Commission to the City 1'4anager. Section 5: Severability. If any Section or portion of a Section of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Ordinance. Section 6: Effective Date. Sections 2, 3, 4 and 5 of this Ordinance shall become effective immediately upon passage and adoption. If approved by the electors of the City of Sanford on March 2, 1999 the amendment to Article IV, Section 4-.01 (c) and (d) of the Charter shall immediately become effective on March 2, 1999. PASSED AND ADOPTED this//-~ day of/.~~.D. 1998. '3- Ordinance No. 34-4-8 City of Sanford, Florida CERTIFICATE I, Janet R. Dougherty, City Cle~ of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoin~ Ordinance No. :]448, PASSED AND Florida, on the/~day of/~C~//t~4~ 1998. the City of Sanford, - of Sanford, Florida i:\nah\~!e~\gd~s~nford~ord~.3~,48 '4- Ordinance No. :]448