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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