HomeMy WebLinkAbout2007 11 13 Consent 203 Resolution 2007-49 Police Badges
COMMISSION AGENDA
ITEM 203
Consent x
Informational
Public Hearing
Regular
Mgr. I
k:<~\'\Dl Dept.
November 13. 2007
Meeting
REQUEST:
The City Manager's Office and the City Attorney's Office request that the City Commission approve
Resolution No. 2007-49 regarding the issuance of police badges to retired City police officers.
PURPOSE:
The purpose of this resolution is to authorize the City Manager to issue a retirement police badge to
City police officers upon retirement from the City of Winter Springs Police Department. The
purpose is also to declare that the issuance of a police badge upon retirement from the Police
Department serves a public purpose.
APPLICABLE LAW AND PUBLIC POLICY:
1. Florida Municipal Home Rule Authority, Chapter 166, Florida Statutes.
2. Section 112.193, Florida Statutes.
3. Section 843.085, Florida Statutes.
CONSIDERATIONS:
Florida law authorizes the issuance of a police badge worn by an officer upon retirement. However,
it is unlawful for any unauthorized person to wear or display a badge. Therefore, in order to comply
with Florida law, the following requirements are necessary:
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A. The City Manager should be authorized to issue a retirement police badge to a City
police officer upon the officer retiring from the City of Winter Springs Police
Department.
B. A retirement police badge shall meet the following minimum requirements:
1. The badge shall not be an official badge used by active duty police officers.
2. The badge shall contain the word "retired" permanently affixed on the face ofthe
badge.
STAFF RECOMMENDATION:
The City Manager and City Attorney recommend that the City Commission approval Resolution No.
2007-49.
A TT ACHMENT:
Resolution No. 2007-49
COMMISSION ACTION:
At the October 22, 2007 City Commission meeting the City Commission directed that a resolution
be prepared authorizing the allowance of police officers to keep their police officer badge upon
retirement.
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RESOLUTION NO. 2007-49
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING
THE CITY TO ISSUE RETIREMENT BADGES TO RETIRED
POLICE OFFICERS IN ORDER TO SERVE THE PUBLIC
PURPOSE 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 expressly prohibited by law;
and
WHEREAS, it is the customary practice around the nation to permit retired police officers
to retain their official badge to commemorate their years of service to the police force; and
WHEREAS, allowing retired police officers to retain a retired police badge 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 112.93 ofthe Florida Statutes to present
the badge worn by the officer upon retirement; and
WHEREAS, the formal policy adopted for the issuance of a retired police officer badge is
provided for herein; and
WHEREAS, the City Commission ofthe City of Winter Springs deems that this Resolution
is in the best interests ofthe public health, safety, and welfare ofthe 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 ofthis Resolution.
Section 2. Declaration of Public Purpose. The City Commission hereby declares that
presenting a retirement badge to a City police officer upon retirement constitutes a significant public
purpose under the terms and conditions set forth herein.
City of Winter Springs
Resolution No. 2007-49
Page 1 of 2
Section 3.
Retirement Police Badge Policy.
A.
In accordance with section 112.93, Florida Statutes, the City Manager is hereby
authorized to issue a retirement police badge to a City police officer upon the officer
retiring from the City of Winter Springs Police Department.
B.
A retirement police badge shall meet the following minimum requirements:
1. The badge shall not be an official badge used by active duty police officers.
2. The badge shall contain the word "retired" permanently affixed on the face ofthe
badge.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent ofthe 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 ofthe City of Winter Springs, Florida.
DONE AND ADOPTED in regular session ofthe City Commission ofthe City of Winter
Springs, Florida, this day of November 2007.
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. 2007-49
Page 2 of 2
RESOLUTION N0.2007-49
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING
THE CITY TO ISSUE RETIREMENT BADGES TO RETIRED
POLICE OFFICERS IN ORDER TO SERVE THE PUBLIC
PURPOSE OF COMMEMORATING AND HONORING
THEIR PRIOR SERVICE TO THE CITY; PROVIDIIVTG 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 expressly prohibited by law;
and
WHEREAS, it is the customary practice around the nation to permit retired police officers
to retain their official badge to commemorate their years of service to the police force; and
WHEREAS, allowing retired police officers to retain a retired police badge 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 112.93 of the Florida Statutes to present
the badge worn by the officer upon retirement; and
WHEREAS, the formal policy adopted for the issuance of a retired police officer badge 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
and are deemed a material part of this Resolution.
Section 2. Declaration of Public Purpose. The City Commission hereby declares that
presenting a retirement badge to a City police officer upon retirement constitutes a significant public
purpose under the terms and conditions set forth herein.
City of Winter Springs
Resolution No, 2007-49
Page 1 of 2
Section 3. Retirement Police Badge Policy.
A. In accordance with section 112.93, Florida Statutes, the City Manager is hereby
authorized to issue a retirement police badge to a City police officer upon the officer
retiring from the City of winter Springs Police Department.
B. A retirement police badge shall meet the following minimum requirements:
1. The badge shall not be an official badge used by active duty police officers.
2. The badge shall contain the word "retired" permanently affixed on the face of the
badge.
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.
DONE AND ADOPTED in regular session of the City Commission of the City'~~f Winter
Springs, Florida, this 13th day of November 2007.
F~
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J N F. BUSH, Ma~Tor
ATTEST:
A LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City o Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of winter Springs
Resolution No.2007-49
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