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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: Page 1 of 2 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. Page 2 of 2 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~ y --;:.-~ 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 Page 2 of 2