HomeMy WebLinkAbout2009 03 09 Consent 203 Resolution 2009-19 and 2009-21 Officers Service AwardsCOMMISSION AGENDA
ITEM 203
March 9, 2009
Meeting
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
MGR /DEPT~~
~4Authorization
REQUEST: City Manager and Police Department requesting City Commission approval of
Resolution no. 2009-19, and Resolution no. 2009-22 to update City's Personnel Policies regarding
Sworn Police Officers Retirement Commemorative Service Awards.
PURPOSE: The purpose of this agenda item is needed to request the City Commission consider
approval of Resolution no. 2009-19, and Resolution no. 2009-22 which updates the City's Personnel
Policies regarding Police Uniforms Commemorative Service Awards.
CONSIDERATIONS: The City Commission on November 13, 2007 approved Resolution no.
2007-49 which amended the City's Personnel Policy to award Police Officers at retirement their
police badge only commemorating their service to the City. and did not include their service weapon
and identification card as allowed by F.S.S. 112.193.
Currently the City's Personnel Policy does not address Police Officers, service weapon, and
identification card after retirement from the City. Florida State Statute 112.193 allows for
Retirement Commemorative Awards to be offered to a Police Officer at retirement including their
service weapon and identification card with RETIRED permanently fixed to it. City Personnel
Policy Section 32-8 Retirement Uniforms needs to be updated to reflect the City's intent to offer
such items as the Police Officers Service Weapon and Identification Card upon normal retirement
from the City with a minimum of 10 years of service.
Local police agencies in the Central Florida area upon retirement of a police officer and at their
request, offer their service weapon, badge, and identification card. Some of those agencies included
are Seminole County Sheriff Office, Casselberry, Lake Mary, Longwood, Oviedo, Winter Park, and
Maitland. Oviedo Police Department is the only department that requires a signed release of liability
from the retiree and the City. The police department feels that it is only prudent that our retirees also
request these items and sign a release of liability with the City.
March 9, 2009
Consent Agenda Item 203
Page 2 of 11
FUNDING: None
RECOMMENDATION: The City Manager recommends that the City Commission approve
Resolution no. 2009-19, and Resolution no. 2009-22 to update the City's Personnel Policy -Section
32-8 Retirement Uniforms for Police Officers.
ATTACHMENTS: Florida State Statute 112.193, Memorandum from retiree, release of liability,
Resolution 2009-19 and 2009-22.
COMMISSION ACTION:
March 9, 2009
Consent Agenda Item 203
Page 3 of 6
Title X Ghar~ter 112 View Entire
PUBLIC OFFICERS, EMPLOYEES, PUBLIC OFFICERS AND EMPLOYEES: Chaff
AND RECORDS GENERAL PROVISIONS
112.193 Law enforcement, correctional, and correctional probation officers' commemorative
service awards.--
(1) For the purposes of this section, the term:
(a) "Employer" means a state board, commission, department, division, bureau, or agency or a
county or municipality.
(b) "Law enforcement, correctional, or correctional probation officer" means any full-time, part-
time, or auxiliary officer as defined in s. 943.10(14).
(2) Each employer that employs or appoints law enforcement, correctional, or correctional
probation officers may present to each such employee who retires under any provision of a
state or municipal retirement system, including medical disability retirement, or who is eligible
to retire under any such provision but, instead, resigns from one employer to accept an elected
public office, one complete uniform including the badge worn by that officer, the officer's
service handgun, if one was issued as part of the officer's equipment, and an identification card
clearly marked "RETIRED."
(3) Upon the death of a law enforcement, correctional, or correctional probation officer, the
employer may present to the spouse or other beneficiary of the officer, upon request, one
complete uniform, including the badge worn by the officer. However, if a law enforcement,
correctional, or correctional probation officer is killed in the line of duty, the employer may
present, upon request, to the spouse or other beneficiary of the officer the officer's service-issued
handgun, if one was issued as part of the officer's equipment. If the employer is not in possession of
the service-issued handgun, the employer may, within its discretion, and upon written request of
the spouse or other beneficiary, present a similar handgun. The provisions of this section shall also
apply in that instance to a law enforcement or correctional officer who died before May 1, 1993. In
addition, the officer's service handgun may be presented by the employer for any such officer who
was killed in the line of duty prior to this act becoming a law.
(4) Each uniform, badge, service handgun, and identification card presented under this section is
to commemorate prior service and must be used only in such manner as the employer prescribes by
rule. The provisions of this section shall also apply in that instance to a law enforcement officer
who died before May 1, 1993.
History.--s. 1, ch. 79-335; s. 3, ch. 89-22; s. 1, ch. 93-32; s. 4, ch. 93-149.
March 9, 2009
Consent Agenda Item 203
Page 4 of 6
WINTER SPRINGS POLICE DEPARTMENT
MEMORADUM
TO: ,Chief of Police
FROM: Retiree
DATE:
SUBJECT: Retention of service weapon, badge, and identification card upon retirement.
I respectfully request that my service weapon, badge, and identification card listed below be awarded to me
upon normal retirement from the City of Winter Springs pursuant to Winter Springs Resolution 2009-19.
Service Weapon: MAKE/MODE_
Badge: WSPD RANK
Identification Card: Rank
Approved _ Not Approved
Approved _ Not Approved
Approved _ Not Approved
Serial No.
_, Badge Number
with Retirement Fixed on card.
Shift Commander
Bureau Commander
Chief of Police
Date:
Date:
Date:
Receiving Officer ,Date:
Acknowledge of release from the City of Winter Springs.
Internal Affairs: ,Date:
FILE COMPLETED FORMS IN PERSONNEL FILE AND PROPERTY CUSTODIAN
March 9, 2009
Consent Agenda Item 203
Page 5 of 6
RELEASE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that this Release Agreement is between the City of Winter
Springs whose address is 1126 East State Road 434, Winter Springs, Florida 32708 and
and delivered to
forever the following:
(1) Service Weapon Make and Model
(2) Three Magazines (unloaded)
(3) Badge and Identification Card with Retired Affixed
TO HAVE AND TO HOLD the same unto
his/her successors,
heirs, personal representatives and assigns forever. , on behalf ofhimself /herself and any
and all derivative claimants, understand that the City of Winter Springs and its officers, agents, and employees, assume
no liability whatsoever for any personal injury or property damage or loss that I or any derivative claimant may suffer as
a result of any use of the firearm by any person whosoever under any circumstances whatsoever. I, as an individual and
for all co-owners and derivative claimants including, but not limited to any and all heirs, assigns, executors,
beneficiaries, administrators, and any and all other claimants or legal representatives, do hereby forever fully release,
remiss, indemnify, acquit, forever discharges, and hold harmless and blameless, the City of Winter Springs and its
officers, employees and agents for any and all personal injury or property damage that I or any derivative claimant or my
successor or the successor of myself or those listed above, or any other person, may suffer as a result of, directly or
indirectly, the use of the firearm. I assume any and all risk, known or unknown, and covenant on behalf of myself and
all derivative claimants, as aforementioned, not sue the City of Winter Springs and its officers, employees and agents. I
recognize that firearms can be dangerous instruments. It should be noted that:
IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR ANY ADULT TO STORE
OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER
18 YEARS OF AGE OR TO KNOWLINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR
whose address is
for
of service to the City of Winter Springs and Citizens thereof, has granted, transferred
his/her successors, heirs, personal representatives and assigns
(Serial Number
POSSESSSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND.
March 9, 2009
Consent Agenda Item 203
Page 6 of 6
DATED this day of
Signature of Witness 1
Print Name:
Signature of Witness 2
Print Name:
ACKNOWLEDGEMENT
20
Name
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
On this day of , 20 appeared before me
is personally known to me and who acknowledged that he executed the foregoing instrument.
(Affix Notaries Seal)
Notary Public; State of Florida
who
Printed Name
RESOLUTION N0.2009-19
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 any power for municipal purposes, except when expresslyprohibited by law;
and
WHEREAS, the CityCommissionpreviouslyapprovedResolution 2007-49 whichpermitted
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 of the 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 Winter 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 of the 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 Winter Springs
Resolution No. 2009-19
Page 2 of 3
DONE AND ADOPTED in regular session of the City Commission of the City of Winter
Springs, Florida, this day of March 2009.
ATTEST:
JOHN F. BUSH, Mayor
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No. 2009-19
Page 3 of 3
RESOLUTION N0.2009-22
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE
CITY'S PERSONNEL POLICIES BY ADDING A NEW
SUBSECTION 32.8 THAT PROVIDES UPON RETIREMENT
THE CITY MANAGER MAY PRESENT TO A RETIRING
POLICE OFFICER THE RETIRING OFFICER'S BADGE,
SERVICE HANDGUN, AND IDENTIFICATION CARD
UNDER THE CONDITIONS ESTABLISHED BY THE CITY
COMMISSION BY RESOLUTION; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY, INCORPORATION INTO THE
PERSONNEL POLICIES, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority under Section 2(b), Article VIII, of the State
Constitution to exercise any power for municipal purposes, except when expressly prohibited by law;
and
WHEREAS, in accordance with section 112.193, Florida Statutes, 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, in accordance with section 112.193, Florida Statutes, the CityCommission also
approved Resolution 2009-19 which permitted retired police officers to retain their service handgun
and identification card to commemorate their years of service to the police force; and
WHEREAS, the City Commission desires to memorialize the policies set forth in
Resolutions 2007-49 and 2009-19 in the City's Personnel Policies; and
WHEREAS, the City Commission of the 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
and are deemed a material part of this Resolution.
Section 2. Amendment to Personnel Policies. The City Commission hereby amends the City's
Personnel Policies to add the following policy:
City of Winter Springs
Resolution No. 2009-22
Page 1 of 2
32.8 Retiring Police Officers.
Pursuant to section 112.193, Florida Statutes and subject to any conditions imposed
by the City Commission by resolution, the City Manager is authorized to present to
a retiring City police officer the badge worn by that officer, the officer's service
handgun (if one was issued as part of the officer's equipment), and an identification
card clearly marked "Retired."
Section 3. 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 4. 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 5. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida.
DONE AND ADOPTED in regular session of the City Commission of the City of Winter
Springs, Florida, this day of March 2009.
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No. 2009-22
Page 2 of 2
RESOLUTION 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
RESOLUTION NO. 2009-22
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE
CITY'S PERSONNEL POLICIES BY ADDING A NEW
SUBSECTION 32.8 THAT PROVIDES UPON RETIREMENT
THE CITY MANAGER MAY PRESENT TO A RETIRING
POLICE OFFICER THE RETIRING OFFICER'S BADGE,
SERVICE HANDGUN, AND IDENTIFICATION CARD
UNDER THE CONDITIONS ESTABLISHED BY THE CITY
COMMISSION BY RESOLUTION; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY, INCORPORATION INTO THE
PERSONNEL POLICIES, 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 expressly prohibited by law;
and
WHEREAS, in accordance with section 112.193, Florida Statutes, 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, in accordance with section 112.193, Florida Statutes, the City Commission also
approved Resolution 2009-19 which permitted retired police officers to retain their service handgun
and identification card to commemorate their years of service to the police force; and
WHEREAS, the City Commission desires to memorialize the policies set forth in
Resolutions 2007-49 and 2009-19 in the City's Personnel Policies; and
WHEREAS, the City Commission of the 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
and are deemed a material part of this Resolution.
Section 2. Amendment to Personnel Policies. The City Commission hereby amends the City's
Personnel Policies to add the following policy:
City of W inter Springs
Resolution No. 2009-22
Page 1 of 2
32.8 Retiring Police Officers.
Pursuant to section 112.193, Florida Statutes and subject to any conditions imposed
by the City Commission by resolution, the City Manager is authorized to present to
a retiring City police officer the badge worn by that officer, the officer's service
handgun (if one was issued as part of the officer's equipment), and an identification
card clearly marked "Retired."
Section 3. 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 4. 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 5. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Com>ission of the City of Winter Springs, Florida. _
DONE AND ADOPTED in regular session of the City Commissivn of the -City of W ip,ter
Springs, Florida, this 9th day of March 2009. _
~, ,
J N F. BUSH, Mrox -
ATTEST:
A A LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No. 2009-22
Page 2 of 2