Municode : Submitted into the public

Page 1 of4
record in connection with
./
I items SP.1 on 09-09-11
Priscilla A. Thompson
City Clerk
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) 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.
(0) .Exerclse 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) Perform such other duties'as may'be prescribed by this Charter or t>e required by the mayor or
ordinance or resolution 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
case law reference-It 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 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 FIa, 369,184 So. 1.
Subsection (b)-The phrase "except as herein provided," employed in subsection (b) ofthis section, qualifies or limits
every provision of the city charter providing for removals in speclfic 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 maybe demoted during probationary period after accepting probationary promotion in rank. Clar.J<:e 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.vacancles due to 'economic conditions Is a matter within his discretion. City of Miami v. Elmore. 131 So.2d517.
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 grouplsa "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, aff'dKrause 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
emplqyees of his or her department. for the performance of Its business,andfor the custody and preservation ofthe
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 cieri< or office of Independent auditor generel.
lil
.
(Laws of Ffa. , 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 from1he 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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1/. - Va'-Ious Sec-tons ofthe C;ij CQ:}c ..... Char-tc:-r
Municode
Submitted into the public
Page 2 of4
record in connection with
items SP.l on 09-09-11
Editor's note
Priscilla A. Thompson
See note to 24 .
City Clerk
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 may be suspended by the city maneger 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. When the
affirmative judgment of the commission is entered, the suspension of the chief of police eo instante becomes a removal, but,
ifthejudgment ofthe commission is in the negative, the suspension ceases, and he is eo iristante reinstated. Bryan v.
Landis, 106 Fla. 19, 142 So.650, 653.
The city manager may not summarily remove froni 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 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 city employees with civil service status.
(b) ChsitpefSon; 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. .
(e) Unclassified and classified service. The civil service of the city is hereby divided into the unciassified and the
ciassified service.
(1) The unciassified service shall include:
(A) The city manager, his or her assistants, and secretarial staff;
(8) The heads of departments, members of appointive boards, judges of the city court, the city cierk,
chief of police, chief of fire division. and the superintendent of communications division;
(e) Assistants to department heads:
Assistant chiefs ofthepolice division; .
All ranks in thepolic;e division above the ciassified position of police captain;
Assistant chiefs of the fire division;
Chief of fire prevention;
Director of the fire division;
Batt.alionchiefs;
Chief of fire rescue;
Assistant to the superintendent of the division of communications;
Director of corrections.
(D) All Bttomeysemployed by the city. The city attorney shall-be the supervisor of aU attomeys
employed by the city. The city attorney shall have exciusive authority regarding, but not limited to
appointment, removal and salary as to assistant city attomeys. The foregoing provisions of
subsection (0) shall not apply to those attorneys In the classified service of the city on November
1,1972..
Attomeys with permanent civil service rights appOinted by the city attorney to any applicable
unciassified position above, shall retain civil selVicerights 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 ciassified services shall inciude all positions not specifically included by this Charter in the
unciassified service. There shall be in the ciassified service three classes, to be known as the
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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 ofthe 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 stlallforthwlth 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 ofF.S. 112.51(2) shall apply.
Sec. 42-3. - Powers and duties of director of Dolice 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
suppressionofctlme in the city. The responsibilities of the Polici! 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.
. Submitted into the public
record in connection with
items SP.1 on 09-09-11
City Charter
Priscilla A. Thompson
City Clerk
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)
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; aUappointments to be upon merit andfltnessalone, 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 arid divisions created herein or that may be hereafter created by
the city commission.
(cO
Attend all meetlnss of the city commisslon 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)
Perform such other duties as may be prescribed by this Charter or be required by the mayor or
ordinance or-resolution of the city commission.
(Res. No. 97-447, 2, 7-3-97; Res. No. Ol-843, 2, S-s.-Dl)
E d l t o r ~ note-
As to removal and suspension of chief of police, see annotation to charter...1.
Case law reference-It was the intention of the legislature to make the city manaler at all times hold
'office subject to the will of the commission upon whom rested the administrative affairs of the city
lovernment, which could be speedily checked and corrected If necessary at the will of the commission
. '" ," . ,
bya chanle In the office of the city manaler. Statev. 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 providlnl 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 manaler has no summary power of appointment under dvll service rules, and all
lIppolntments and promotions by the city manaser must be within the requirements of such rules.
Bloodworth v. Suus, 60 So.2d 768.
Police officerS may be demoted durinl probationary period after acceptlnl probationary promotion in
rank. Clarke v. City of Miami, 81 So. 2 d 2 1 7 ~
The city manaser Is not required as a matte,r of law to promote civil service employees when a
vacancy occurs. His refusal to fllI.vacancles due to economic conditions Is a matter within his
discretion. ety of.Mlami v. Elmore, 131 So. 2d 517.
Where city manaler opts to utilize advisory croup to directly assist him in the declslon-making process
. to select a new police chief, the advisory grOup Is a "board" within the meaning of F.S. 286.011, the
city manaser is an "alency" within the meanl. of said statute, and meetlnp of the advlsory ,roup
must be open .meetinp pursuanUo said statute. State v. Krause, 47 Fla . Supp. 36, aff'd Krause v.
_eno, 366 So. 2d 1244. .
Submitted into the public
record in connection with
items SP.l 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 untUremoved by
the city manager or until a successor has been appointed and qualified, shall conduct the affairs of his
orher 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 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:aU
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.1!l
(LtIws o/Fla., th. 21388(1.941.); Res. No. 01-843, 2, B-9-D1}
Submitted into the public
record in connection with
items SP.1 on 09-09-11
Priscilla A. Thompson
City Clerk
City Charter
Sec. 26. - Suspension and removal of chief of police and fire chief.
The city manaaer shall have the exclusive right to suspend the chief of pollee and fire chief for
incompetence, neglect of duty, immorality,
.
drunkenness, failure to
.
obey ordersgJven by proper
authority, or for any other just and reasonable cause.lfelther 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 recelptof 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-Thls.sectlon provides the sole and exclusive means for suspending and removing
the chief of police. Bryan v.Landls,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 this section, and when such suspension has been certified to the city commission and.
the cause thereof examined and found.after a full hearing to be well srounded, then the
commlsstonentersitsaffirmattve]udgment which 15 final. When the afflrmatlve judgment ofthe
commission 'Is entered, the suspension 'Of the chief Of police eolnstante becomes a removal, but, If
the judgment of the commission Is In the negative, 'the suspension ceaseS, and he Is eo Instante
reinstated. Bryan 106 Fla. 19, 142 So. 650, 653.
The city manaaermay not summarily remove from office the chief of pollee without notice or
opportunity to be heard lnhis defense. Bryanv.Landis, 106 Ra.19, 142 So. 650, 651.
Pursuant to charter section 19 thedepartrnent of public safetyand the divisions thereof,pollceand
fire, were discontinued. Subsequent ordinances established a department of ponce 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.l on 09-09-11
Priscilla A. Thompson
City Clerk
City Charter
Sec. 36. - Civil service.
(a)
Cretitlon oj board; appointment; terms oJofIic:e; vac:ancles; rules and regulations. A civil service board
oUhe 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 c1vll service status. The
two 50 elected shall become members of the :boardwhen conflnned 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 a l l o W l ~ g him or her to be heard by the city
commission In his or her own defense. Any vacancy shall be .fliled by the city commission for the
.unexplred tenn. 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 1ts 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 classljied service. The dvll service Of the city Is. hereby divided into the unclassified
and the classified servlce.
'(1)
Theunclassifted service shall Include:
(A)
The dty manager, his or her assistants, and secretarial staff;
(8)
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 divislon;
(C)
Assistants to department heads:
. Submitted into the public
record in connection with
items SP.l on 09-09-11
Priscilla A. Thompson
City Clerk
Assistant chiefs of the pollee division;
. All ranks In the pollee division above the dasslfied position of police captain;
Assistant chiefs of the fire dlvl$ion;
Chief of fire prevention;
Director of training in the fire dlvisloni
Battalion chiefs;
Chief of fire rescue;
Assistant to the of the. division of communications;
Director of corrections.
(D)
All attorneys employed by the city. The city attorney.shall be the supervisor qf all attorneys employed
by the dty. The city attorney shall have exclusive authority regardlnl, but not limited to appointment,
removal and salary as to assistant city attorneys. The foreloinl 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 attomey to any applicable
unclassified position above, shall retain civil service rights in the position fromwhlch 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 asmay have accrued.
(2)
Thedasslfied services shall Include all positions not specifically Included by this Charter In the
unclassified service. There shall be In the classified service three dasses, 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 andeJlceptionalqualificatlons
of a scientific, city managerial, professional, or educational character, as may be determined by the
rules of the board.
(C)
The labor class 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