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Home My WebLink About2020 09 14 Public Hearing 403 - First Reading Ordinance 2020-08 amending Chapter 14 of the personnel of theOrdinance 2020-08 amending Chapter 14, City Code - Duties and Responsibilities of City Clerk and City Manager • PUBLIC HEARINGS AGENDA ITEM 403 ,n m=ared CITY COMMISSION AGENDA I SEPTEMBER 14, 2020 REGULAR MEETING 1959 TITLE Review of Ordinance 2020-08 amending Chapter 14 of the 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. SUMMARY On August 10, 2020, the City Commission appointed Christian Gowan as the City Clerk. The Commission directed the City Attorney and City Staff to prepare an Ordinance to update Chapter 14 with regard to the duties and responsibilities of the City Clerk and the City Manager pursuant to the City Charter. The changes incorporated into the Ordinance include a clarification of the role of City Clerk and City Manager consistent with their respective duties. Specific clarifications were added that upon appointment by the City Commission, the City Clerk shall be subject to the direction and supervision of the City Manager, consistent with the scope of duties assigned to the City Clerk by Charter, City Code, and express direction of the City Commission; the City Manager may assign additional duties to the City Clerk; the City Manager may assign one or more city employees to assist the City Clerk; and that after the City Clerks initial compensation is set by the City Commission, the City Manager may adjust that compensation in the same manner as other city employees, unless otherwise expressly directed by the City Commission. The proposed Ordinance was prepared at the City Commission's direction. The proposed Ordinance requires public notice and advertised public hearings, including two hearings before the City Commission. RECOMMENDATION Staff recommends the City Commission conduct a Public Hearing for consideration of passing Ordinance 2020-08 on First Reading. 129 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 finds 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: (underlined type indicates additions to the City Code and stfikeo 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 3 130 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.—City Clerk— Supervision by City Manager. (a) This section is enacted for purposes of clarifying the role of the city clerk and city manager consistent with their respective duties and responsibilities assigned under the City Charter. Specifically, this section is in furtherance of the city commission's authority to appoint and assign additional duties to the city clerk in accordance with Section 4.10 of the City Charter and the city manager's authority as chief administrative officer of the city pursuant to Section 5.03 of the City Charter. (b) Upon appointment by the city commission, the city clerk shall be subject to the direction and supervision of the city manager consistent with the scope of duties assigned to the city clerk by Charter, City Code and express direction of the city commission. (c) The city manager may assign additional duties to the city clerk when the city manager deems it necessary for the good of administering city affairs and for purposes of faithfully executing all express actions of the city commission and laws including, but not limited to, state and federal law, City Charter, and Cil. Code. (d) The city manager may assign one or more ci . employees to assist the ci . clerk with the city clerk's assigned duties, and one of the assigned ci . employees may, with the approval of the city manager, serve as acting city clerk in the temporary absence of the ci . clerk. (e) The city clerk's compensation shall be established by the city commission. However, once the city commission establishes the initial compensation of the city clerk, the city manager may adjust that compensation in the same manner as other ci . employees unless otherwise expressly directed by the city commission. (f) The city clerk may be terminated by the city commission in accordance with the requirements of the City Charter. (g) 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 3 131 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 day of September, 2020. Charles Lacey,Mayor ATTEST: Christian Gowan, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City Attorney Legal Ad: First Reading: Second Reading: City of Winter Springs Ordinance No.2020-08 Page 3 of 3 132