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HomeMy WebLinkAboutOrdinance 2020-08 City Clerk ORDINANCE NO. 2020-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING CHAPTER 14 PERSONNEL OF THE CITY CODE REGARDING THE DUTIES AND RESPONSIBILITIES OF THE CITY CLERK AND CITY MANAGER PURSUANT TO THE CITY CHARTER; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; 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, the City Charter generally sets forth the duties and responsibilities of the City Clerk and City Manager; and WHEREAS, the City Charter authorizes the City Commission to appoint the City Clerk and to assign additional duties to the City Clerk; and WHEREAS, the City Commission recognizes that the City Charter provides that the City Manager is the chief administrative officer of the City and responsible to the Commission for the administration of all city affairs placed in the city manager's charge by or under the City Charter; and WHEREAS, consistent with the terms of the City Charter, the City Commission desires to clarify that upon appointment by the City Commission, the City Clerk shall be subject to the day-to- day supervision and direction of the City Manager just like any other City employee subject to the provisions enacted by the City Commission hereunder; and WHEREAS, the City Commission hereby fords that this Ordinance promotes efficiency and responsibility in City government; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety,and welfare of the citizens of Winter Springs NOW, THEREFORE, BE IT ORDAINED 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 as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Chapter 14 Personnel is hereby amended to add Section 14-2. — City Clerk — Supervision by City Manager to read as follows: (1 nderlined type indicates additions to the City Code and str-ikee type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 14. It is intended that the text in City of Winter Springs Ordinance No.2020-08 Page 1 of 3 Chapter 14 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 14—PERSONNEL Sec. 14-2.—Citv Clerk—Supervision by Cite Mana M (a) This section is enactedfor purposes of clarifying the role of the city clerk and cityH manager consistent with their respective duties and_respa�onsblities assi ned under the Cil Charter. S1:ecifically, this section is in furtherance of the citycommission's authorityto a r point and assign additional dutiesAo the city clerk in accordance with Section 4.10 of the City Charter and the city manatg 's authority as chief administrative officer the citymmpuursuant to_,Section 5.03 of the City Charter. tb U1,on ap)0intment by the city commission the city,„clerk„shall be subject to the direction and swervision of the cit: mana er consistent with the scoe of duties assinedIT to the city clerk by Charter. City Code and ext)ress direction of the cit commission. (c) The city—maker may assign additional duties to the city clerk when the city manager deems it necessary administerin.g city affairs and for yuq)oses of _ � y_for they good of...�.._. faithfully executmttmat press actions of the city commission and laws including, but not limited to, state andITfederal lawn„City Charter, and City Code td The city manager ma , assign one or more city employees to assist the city clerk with the city, clerk's assi Deed duties and one of the assigned city ueml to}Tees may., with the 4j 2roval of the city manager, serve as actin t city clerk in the„tem ora� absence ofthe city clerk, e) The city clerk'smmmmcom ensation shall be established b the city commission. However oncemthe city commission establishes the initial compensation of the cit r clerk the city,„ manager mmay adiust that compensation„ in themm same manner as other cif emplo eesmm unless otherwise expressly directed bythe ci(v commission. id IT m The city clerk may be terminated by.-the citymm° commission in accordance with the requirements of the City Charter.„ )„ This,section shall not be construed„to conflict with the City Charter. Sec. 14-23.—14-25.—Reserved. City of Winter Springs Ordinance No.2020-08 Page 2 of 3 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the Zu' m' ....... day of September, 2020. _mm ('h' e La ,Mayor ATTESTI C' ristian Gowan, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY '• pRUJ OF WI .SPRINGS ONLY: `••'•���'••• QoRA re Anthony y g , City AttorneyA. Gar ane Ci • © �' `~ -.. Legal Ad: 09/16/2020 JFUfNpIE First Reading: 09/14/2020 Second Reading: 09/28/2020 City of Winter Springs Ordinance No.2020-08 Page 3 of 3