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HomeMy WebLinkAboutResolution 2009-19 Update City's Personnel Policies for Sworn Police Officers Retirement Commemorative Service AwardsRESOLUTION NO. 2009-19 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE CITY TO ISSUE TO RETIRED POLICE OFFICERS THE OFFICER'S SERVICE HANDGUN AND IDENTIFICATION CARD FOR PURPOSES OF COMMEMORATING AND HONORING THEIR PRIOR SERVICE TO THE CITY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2(b), Article VIII, of the State Constitution to exercise anypower for municipal purposes, except when expresslyprohibited by law; and WHEREAS, the City Commission previously approved Resolution 2007-49 which permitted retired police officers to retain their official badge to commemorate their years of service to the police force; and WHEREAS, it is the customary practice around the nation to also permit retired police officers to retain their service handgun and identification card to commemorate their years of service to the police force; and WHEREAS, allowing retired police officers to retain their service handgun and identification card serves the municipal public purpose of honoring the City police officers in commemorating their years of service to the City; and WHEREAS, the City is authorized under section 112.193 of the Florida Statutes to present the service handgun and identification card; and WHEREAS, the formal policy adopted for the issuance of a retired police officer service handgun and identification card is provided for herein; and WHEREAS, the City Commission ofthe City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference City of W inter Springs Resolution No. 2009-19 Page 1 of 3 and are deemed a material part of this Resolution. Section 2. Declaration of Public Purpose. The City Commission hereby declares that presenting the retired City police officer's service handgun and identification card to said officer upon retirement constitutes a significant public purpose under the terms and conditions set forth herein. Section 3. Retirement Service Handgun and Identification Card Policy. A. In accordance with section 112.193, Florida Statutes, the City Manager is hereby authorized to issue the officer's service handgun and identification card to a City police officer upon the officer retiring from the City of Winter Springs Police Department. B. The service handgun shall be presented to the retired police officer in an unloaded condition. No ammunition shall be provided by the City. Further, prior to the service handgun being released by the City to the retired officer, the retired officer shall be required to execute an appropriate release agreement which clearly identifies the make, model, and serial number of the service handgun and releases and holds harmless the City from the retired officer's possession and use ofthe service handgun upon leaving employment with the City. C. The identification card shall be clearly marked "RETIRED." Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. [Adoption Page Follows] City of W inter Springs Resolution No. 2009-19 Page 2 of 3 DONE AND ADOPTED in regular session of the City Commission. of the City df Winter Springs, Florida, this 9th day of March 2009. ~~ - . :. -~-,.~ ~ - J N F. BUSH, Mayor ATTEST: ,~ n A LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the Cit f Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of W inter Springs Resolution No. 2009-19 Page 3 of 3