3953 repeal Civil Service BoardORDINANCE NUMBER
CITY OF SANFORD, FLORIDA
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SANFORD, FLORIDA, PROVIDING FOR THE REPEAL AND REVISION
OF THE PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY
OF SANFORD PERTAINING TO THE MANAGEMENT OF THE HUMAN
RESOURCES/PERSONNEL FUNCTIONS OF CITY OF SANFORD
GOVERNMENT; PROVIDING FOR A COMMITMENT TO EQUAL
EMPLOYMENT OPPORTUNITY; PROVIDING FOR A COMMITMENT
AGAINST DISCRIMINATION IN EMPLOYMENT; PROVIDING FOR TilE
RECREATION OF THE CIVIL SERVICE BOARD; PROVIDING FOR
LEGISLATIVE FINDINGS/INTENT; PROVIDING FOR IMPLEMENTING
ACTIONS; PROVIDING FOR CONTINUATON IN OFFICE FOR CIVIL
SERVICE BOARD MEMBERS; PROVIDING FOR DELEGATIONS TO
THE CITY MANAGER; PROVIDING FOR A HUMAN RESOURCES
MANUAL; PROVIDING FOR CONFLICTS AND REPEALS; PROVIDING
FOR NO AFFECT ON THE RIGHTS OF UNION MEMBERS; PROVIDING
FOR SEVERABIMTY; PROVIDING FOR CODIFICATION AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and the City Commission of the City of Sanford are
committed to ensuring the citizens of the City of Sanford a high quality standard of life
which is provided, in significant part, by and through the provision of public service by
the employees of the City; and
WHEREAS, the Mayor and the City Commission of the City of Sanford are
committed to ensuring that City of Sanford employees are fully and completely
protected from discrimination of all types and that the equal employment opportunity
laws and the laws against discrimination are aggressively applied and enforced within
the City workforce; and
WHEREAS, the City of Sanford's success in its mission of providing high quality
public services depends on all of its employees working together and treating each
other with mutual respect; and
WHEREAS, discrimination and harassment in the workplace have no place in the
City of Sanford's workforce and are not tolerated; and
WHEREAS, every City of Sanford employee has a role to play in ensuring that
the City is a great place to work and serve the citizens of the City; and
WHEREAS, the City of Sanford has the commitment to provide equal opportunity
in employment and advancement for all qualified persons without regard to race, color,
religion, creed, age, sex, veteran status, sexual orientation, national origin, ancestry,
physical or mental disability, medical condition, veteran status, marital status,
pregnancy, sexual orientation, gender identity or any non-job related factor and the City
does not discriminate in hiring or employment because of race, color, religion, creed,
age, sex, veteran status, sexual orientation, national origin, ancestry, gender identity,
physical or mental disability, medical condition, marital status, pregnancy, sexual
orientation, gender identity or any non-job related factor. This commitment and policy
includes, but is not limited to, all decisions made on promotions, transfers, demotions,
reductions in force, discipline, recruiting, compensation, benefits, training, education, or
any other terms or conditions of employment; and
WHEREAS, it is the practice and obligation of the City of Sanford to base
employment decisions on valid, business-based job requirements; and
WHEREAS, the City of Sanford is committed to conforming in every controlling
provision of applicable law in its employee relations including, but not limited to, the
legal authority of the Equal Pay Act of 1963; Title VI and Title VII of the Civil Rights Act
of 1964; the Age Discrimination in Employment Act of 1967; the Equal Employment
Opportunity Act of 1972;, the Civil Rights Act of 1992, Section 504 of the Rehabilitation
Act of 1973, the Americans with Disabilities Act of 1990;, the Family and Medical Leave
Act of 1993; Section 112.044, Florida Statutes; and Chapter 760, Florida Statutes; and
WHEREAS, the City of Sanford commits itself and its employees, within the
context of all controlling provisions of law, to ensure equitable participation of minorities,
women, veterans and persons with disabilities in all of its daily operations; and
WHEREAS, the Mayor and the City Commission desire to provide the citizens of
the City of Sanford with a responsive and accountable local government that meets the
needs and expectations of the citizens while operating in a streamlined and economical
manner; and
WHEREAS, it is the best interests of the citizens of the City of Sanford and will
benefit the citizens of the City for the Government of the City of Sanford to operate in an
effective, administratively streamlined, and coordinated manner and the enactment of
this Ordinance is directed at accomplishing that goal in the public interest; and
WHEREAS, Section 2.315 of the City of Sanford Code of Ordinances establishes
a Civil Service System embracing all employees of the City except for the Charter office
of City Attorney, the Charter office of City Manager, and the position of City Physician;
and
WHEREAS, Section 3.04 of the City Charter of the City of Sanford provides that
"the City Manager shall be Chief Administrative Officer of the City" with the power and
duty to "direct and supervise the administration of all departments, offices and agencies
of the City, except where provided by this Charter or by law"; and
WHEREAS, in accordance with the applicable provisions of law, ail employees,
except those specifically exempted by the provisions of the City Charter, are subject to
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the supervision and direction of the City Manager as the Chief Administrative Officer of
the City; and
WHEREAS, it is not the intent of the Mayor and the City Commission to affect the
rights of City employees who are employed subject to the provisions of a collective
bargaining agreement; and
WHEREAS, the Mayor and the City Commission desire to implement a system of
personnel practices applicable to, and providing administrative due process for, City
employees who are not subject to restrictions that arise under the controlling provisions
of applicable law; and
WHEREAS, the Mayor and the City Commission have determined that the
operational structure of City of Sanford government relating to the consideration of
grievances and appeals as well as other personnel matters should be evaluated and
revised; and
WHEREAS, the Mayor and the City Commission recognize that an effective
system of personnel practices and procedures ensures that employees use their chain
of command to the maximum possible extent and that all grievances and actions be
addressed by the established chains of command to the maximum possible extent; and
WHEREAS, the Mayor and the City Commission have determined that the
provisions of the City Charter of the City of Sanford pertaining to personnel related
matters and issues should be implemented as set forth in this Ordinance to include, but
not be limited to, the promulgation of a new, revised and updated Human Resources
Manual; and
WHEREAS, the Mayor and the City Commission have concluded that the actions
and proposed revisions set forth herein are appropriate for implementation by the City
Manager, with appropriate legal guidance from the City Attorney, all of which actions will
result in the government of the City being more responsive to the needs of the City,
NOW, THEREFORE, BE IT ENACTED BY THE CITIZENS OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1. COMMITMENT TO EQUAL EMPLOYMENT
OPPORTUNITY/LEGISLATIVE FINDINGS/LEGISLATIVE INTENT.
(a). The above recitals are adopted by the Mayor and the City Commission as
legislative findings relating to the enactment of this Ordinance,
(b). The Mayor and the City Commission of the City of Sanford are committed
to assuring that the personnel policies and procedures of the City of Sanford prevent
discrimination of all types and ensure that equal employment opportunity is a core value
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of the City of Sanford. The City Manager shall ensure that an ongoing program of
training, enforcement and other activities are implemented within City Government such
that discrimination is avoided to the maximum possible extent and that acts of
discrimination, should they occur, are appropriately punished.
(c). The Mayor and the City Commission hereby reaffirm the commitment of
the Government of the City of Sanford to a Civil Service System, but desire to
modernize the administration of personnel matters and economize the efforts of the City
in order to devote more resources to the provision of public services to the citizens of
the City of Sanford and delete unnecessary processes.
(d). The Mayor and the City Commission hereby find and determine that the
administrative personnel functions of the City of Sanford can be best regulated through
the adoption of resolutions and administrative personnel rules and policies from time-to-
time and that the codification of personnel policies, processes and procedures is, by
and large, unnecessary and not conducive to sound personnel management practices
and principles; the sound application of public administration and, moreover, is not
consistent with Section 3.04 of the City Charter of the City of Sanford which provides
that "the City Manager shall be Chief Administrative Officer of the City" with the power
and duty to "direct and supervise the administration of all departments, offices and
agencies of the City, except where provided by this Charter or by law".
SECTION 2. REPEALER/CIVIL SERVICE BOARD/CODE
PROVISIONS/SAVINGS OF CERTAIN PROVISIONS/IMPLEMENTATiON OF
PERSONNEL ADMINISTRATION.
(a). The following sections of the Code of Ordinances of the City of Sanford
relating to the City of Sanford Civil Service Board are hereby repealed: Sections 2-315,
2-316, 2-317, 2-318, 2-319, 2-320, 2-321, 2-322, 2-323, 2-324, 2-326, 2-327, 2-328, 2-
329, 2-330, 2-331, 2-332, 2-333, 2-334, 2-335, 2-336, 2-337, 2-338, 2-339, 2-340
(enumerated Section 10-340 erroneously in codification), 2-341, 2-342, 2-343, 2-344, 2-
345, 2-347, 2-348, and 2-349.
(b). The following Sections are saved to continue to serve as the legislative
policy actions of the Mayor and City Commission: 2-325 and 2-346.
(c). The resolution referred to in Section 3 and the actions of the City
Manager, as described in Section 4 of this Ordinance, shall implement the necessary
administrative provisions pertaining to the Civil Service Board which need not occupy
provisions in the Code of Ordinances of the City of Sanford.
(d). The Code codifier is hereby authorized to make revisions to the Code of
Ordinances of the City of Sanford of the City of Sanford consistent herewith.
SECTION 3. RECREATION OF CIVIL SERVICE BOARD/CONTINUATiON OF
MEMBERSHIP/IMPLEMENTING RESOLUTIONS.
(a). The City of Sanford Civil Service Board which is hereby recreated and
reestablished. The current members of the Civil Service Board shall continue to serve
their current terms of office.
(b). The Civil Service Board shall have jurisdiction to hear appeals from
grievances and disciplinary actions timely filed by City employees who have appealed
actions through their respective chain of command and to the highest level of their chain
of command prior to an appeal being filed to the City Manager. The City Manager shall
refer appeals filed with the City Manager to the Civil Service Board which shall,
thereupon, hear such appeals and make a recommendation to the City Manager on the
appeal and the City Manager shall consider the recommendations of the Civil Service
Board prior to making a final decision on the appeal which decision shall be final as to
all personnel actions. The Civil Service Board shall make written findings that shall be
transmitted to the City Manager with its recommendation. Appeals to each level of the
chain of command and the City Manager must be filed with the City's Human
Resources/Personnel Director, established under Section 4.02(b) of the City Charter of
the City of Sanford, within ten (10) days of the employee being notified of the action
relative to which he or she desires to appeal.
SECTION 4. PROMULGATION OF REVISED HUMAN RESOURCES
MANUAUDELEGATION TO CITY MANAGER.
(a). The Mayor and the City Commission of the City of Sanford hereby direct
the City Manager, in conjunction with the City Attorney, to publish a revised and
amended Human Resources Manual.
(b). The Mayor and the City Commission of the City of Sanford hereby
delegates to the City Manager the authority to take any and all actions necessary and
expedient, as may be appropriate in his sound and professional discretion, in order to
implement the provisions of this Ordinance and take actions as the Chief Administrative
Officer of the City and exercise the power to direct and supervise the administration of
all departments, offices and agencies of the City of Sanford in accordance with Section
3.04 of the City Charter of the City of Sanford. The City Manager shall consult with the
City Attorney in terms of developing implementing actions.
SECTION 5. SAVINGS RELATING TO UNION CONTRACTS - COLLECTIVE
BARGAINING AGREEMENTS/CONFLICTS WITH OTHER ORDINANCES - CODE
PROVISIONS.
(a). The provisions of this Ordinance shall not, in any way, affect the rights of
City employees who are employed by the City subject to the provisions of a collective
bargaining agreement.
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(b). All conflicting provisions of the Code of Ordinances of the City of Sanford
are hereby repealed. In the event of any conflict with any other provision of the Code of
Ordinances of the City of Sanford or any Other ordinance of the City, the provisions of
this Ordinance shall prevail.
SECTION 6. SEVERABILiTY.
circumstances is held /nvaJi ·
· II any Provision of this Ordinance .or. the applicatio
~a_p_P!!ca!!ons of this Ordina ,-o ,d.:,. thee ,nv.a/,d,ty shall n n ~..h_e, reo!. to any person
~/JJullcaIion and to th o -.--, .nc,. ,,,,,un can De oiven ~.---.°t.. affeut o~/3er Drov'~I,,,,, or
,,~ ~-u [ne provisions ,~f ,~_ ~, .~.,,~u[ Wlmout the in,.~,~, i_....~,,, or
'~' ""~ uramance -,=,,u prOVISion or
SECTION 7. CODIFICATION. are declared severable.
It is the intention of the City Commission of the City of Sanford, Florida, and it is
hereby ordained that, except for Section 3, the provisions of this Ordinance shall not
become and be made a part of the Code of Ordinances of the City of Sanford;,
however, that the Code Codifi
sections of the Code of Ordinr~r.._s_h_all.take appropriate actinr~ .... provided,
-,,~.'~ or the C/ty of San~,...v ~.~"~ .re. lat~.ve to the repeal of
Board as set forth herein; provided, further, however, the provisions of this Ordinance
'"'~, Nertammg [o the Civil Service
shall be set forth in the City's revised, amended and Updated Human Resources Manua/
to the maximum appropriate extent.
SECTION 8. EFFECTIVE DATE.
This Ordinance shall become effective.immediately upon/ts
PASSED and ADOPTEn ,~.~_ d) ~ ~ d~ ~ -- enactment·
- day of
CITY COMMISSION OF THE CITY OF
A T-I-EST.. SANFORD, FLORIDA
CERTIFICATE
l, Janet R. Dougherty, City Clerk of the City of Sanfor ·
that a true and correct co of
ADOP ED by the Ci PY_. the foregoin Or ' rd, FI,or__id_a, do here ~..
of ~ ty Corem ssion of ~,g.. _ dinah, ce No.,_~ ~. b!/_cert,fy
--~./~J ,~,~^,. the C~ty uf San,,---, ,-, ~, PASSEI]A~ur~
u, . _, ,:vvo, was nn~t~
6 "" '-',Y mall in the City
of Sanford, Florida, on the _.~ ~
_day of~ , 2005,
As the City Clerk of the City
of Sanford, Florida
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