HomeMy WebLinkAbout2022 11 14 Regular 501 -Discussion on City Chaplain Appointment Process • REGULAR AGENDA ITEM 501
,n m=ared CITY COMMISSION AGENDA I NOVEMBER 14, 2022 REGULAR MEETING
1959
TITLE
Discussion on City Chaplain Appointment Process
SUMMARY
The City Commission recently passed Resolution 2022-27 authorizing the
creation of a voluntary City Chaplain position. Pursuant to Section 2 of
Resolution 2022-27, "A City Chaplain shall be chosen by the City Commission
using a secular set of appointment criteria. The City may appoint multiple
Chaplains to serve at one time. Chaplains shall serve for terms of one year,
subject to re-appointment by the Commission."
Staff is requesting the Commission enter into discussion and provide
direction on the establishment of an application process and timeline for
appointment of a chaplain or chaplains.
RECOMMENDATION
Staff is requesting the Commission discuss and provide direction.
131
RESOLUTION NUMBER 2022-27
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING
THE CREATION OF A VOLUNTARY CITY CHAPLAIN
POSITION; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City of Winter Springs is granted the authority,under§ 2(b),Art. VIII of
the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS,it is the intent of the City Commission of the City of Winter Springs,Florida,
to create an unpaid, voluntary City Chaplain position within the City government; and
WHEREAS, governments operating within the United States have a longstanding history
of appointing and working with chaplains at the federal, state, and local level. For example,
chaplains are employed federally in the Veterans Administration, Department of Justice, and the
Department of Defense. The First Congress of the United States utilized the services of a chaplain,
and presently both the United States Senate and the United States House of Representatives have
official chaplains. The State of Florida House of Representatives also utilizes the services of a
chaplain. Local governments have historically used chaplains as well and continue to do so to the
present day. Often local governments appoint chaplains to serve within police departments, fire
departments, schools, and/or hospitals; and
WHEREAS, a chaplain may serve many functions which would be beneficial to the City,
including: providing counseling and support to City employees; acting as a liaison between the
City government and local faith groups;providing invocations before or benedictions after official
City meetings or events; coordinating with local faith groups to schedule guest chaplains to provide
invocations before City meetings;providing spiritual counseling to City personnel as requested by
said personnel; and providing moral support to the City at large during times of crisis; and
WHEREAS, in Town of Greece, N.Y. v. Galloway, 572 U.S. 565 (2014), the Supreme
Court of the United States held that prayer conducted by a chaplain to open town board meetings
does not violate the Establishment Clause of the First Amendment of the United States
Constitution so long as the government does not dictate what religion the chaplain belongs to or
the content of the prayer; and
WHEREAS,in Marsh v.Chambers,463 U.S. 783 (1983),the Supreme Court of the United
States held that the practice of opening legislative sessions with prayer is a part of the fabric of
society deeply rooted in the history and tradition of the nation and therefore does not violate the
Establishment Clause; and
Resolution Number 2022-27
City of Winter Springs, Florida
Page 1 of 4
132
WHEREAS, in Kennedy v. Bremerton School District, 142 S.Ct. 2407 (2022), the
Supreme Court of the United States held that the Establishment Clause must be interpreted by
reference to historical practices and understandings, and that the line that governments must draw
between permissible and impermissible activities under the Establishment Clause must accord with
history and must reflect the understanding of the founders; and
WHEREAS, in Williamson v. Brevard County, 928 F.3d 1296 (11th Cir. 2019), the
Eleventh Circuit Court of Appeals found that a local government violates the Establishment Clause
when it chooses chaplains in a manner which categorically excludes members of certain religions,
or which otherwise engages in discrimination by expressing a preference for chaplains of one
religious denomination over another. The Eleventh Circuit further reasoned that chaplains must be
chosen based upon neutral, secular, criteria to comply with the Establishment Clause; and
WHEREAS, in Atheists of Florida, Inc. v. City of Lakeland,Fla., 713 F.3d 577 (1 lth Cir.
2013), the Eleventh Circuit found that a City's selection process for invocation speakers does not
violate the Establishment Clause if the selection process does not advance or disparage any
particular faith. The Eleventh Circuit further found that the No-Aid Clause of the Florida
Constitution, FL CONST. Art. 1 § 3, is not violated where invocation-givers and chaplains are
unpaid volunteers and where no religious group receives a pecuniary benefit; and
WHEREAS, the City Commission is relying upon the aforementioned legal authority for
the purposes of adopting this Resolution; and
WHEREAS,the City Commission recognizes that the City Chaplain position must not be
used to advance or disparage any particular religion. The City Commission further does not intend
for the Chaplain position to create an excessive entanglement of church and state; and
WHEREAS, the City Commission recognizes that the City Chaplain position shall be
unpaid and voluntary, and that no religious group shall receive a pecuniary benefit in association
with the Chaplain position, and that the City will comport with the requirements of FL CONST. Art.
1 § 3, which provides that "[T]here shall be no law respecting the establishment of religion or
prohibiting or penalizing the free exercise thereof. Religious freedom shall not justify practices
inconsistent with public morals, peace or safety. No revenue of the state or any political
subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in
aid of any church, sect, or religious denomination or in aid of any sectarian institution;" and
WHEREAS, the City Commission recognizes that City Chaplain positions shall be open
to persons of all faiths and that the Chaplain shall be chosen via a set of secular selection criteria;
and
WHEREAS, the City Commission recognizes that the appointment of chaplains whose
duty is to serve a governmental entity and to provide support to Government officers, agents, and
employees, has a longstanding history and tradition in the United States; and
Resolution Number 2022-27
City of Winter Springs, Florida
Page 2 of 4
133
WHEREAS, the City Commission of the City of Winter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs; and
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS,AS FOLLOWS:
Section 1. Intent and Purpose. This Resolution is intended to have a secular,
non-religious purpose. The intent and purpose of this Resolution is to recognize that there are many
functions a City Chaplain may perform which would be a great benefit to both the City at large
and to City personnel in an individual capacity. The primary effect of this Resolution is neither to
advance nor disparage any particular religion or religious denomination. This Resolution is not
intended to promote or support an unconstitutional entanglement of church and state.
Section 2. Creation of a City Chaplain position. The City Commission hereby
determines that the creation of a voluntary City Chaplain position is consistent with the applicable
State and Federal laws, and in accordance with the Policies and Procedures set forth in EXHIBIT
"A," which is attached hereto and fully incorporated herein by this reference. Accordingly,upon
approval by the City Commission,the position of City Chaplain shall be created. A City Chaplain
shall be chosen by the City Commission using a secular set of appointment criteria. The City may
appoint multiple Chaplains to serve at one time. Chaplains shall serve for terms of one year,subject
to re-appointment by the Commission.
Section 3. Duties of the Chaplain. The general duty of the City Chaplain shall
be to serve the City of Winter Springs during times of need or crisis in accordance with the job
task outlined in EXHIBIT "B," which is attached hereto and fully incorporated herein by this
reference. Without limiting the foregoing, it is the intent of this Resolution that the City Chaplain
be readily available to counsel City personnel, as well their families, and other individuals in the
community who may be in need of the Chaplain's services. The Chaplain shall be responsible for
providing on-call guidance,counseling, consultation,and other forms of human crisis intervention
to those in need. The Chaplain may provide spiritual counseling only to those who specifically
request spiritual counseling.The City Chaplain must express themselves with tolerance and respect
for people of all religions. The City Chaplain shall not discriminate against individuals on the basis
of race, gender, sex,national origin, ability, or religion.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent
resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are
hereby repealed to the extent of the conflict.
Section 5. Police Department Chaplain Program. Nothing herein is intended to
repeal or modify the City Chaplain Program established by the Winter Springs Police Department.
The City Chaplain program established by this Resolution is of more general scope than the one
established by the Police Department for police department purposes and shall provide additional
chaplain services in addition to and supplemental to the police department's chaplain program.
Resolution Number 2022-27
City of Winter Springs, Florida
Page 3 of 4
134
Section 6. Severability. If any section, subsection, sentence, clause, phrase,
word,or provision of this Resolution 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 Resolution.
Section 7. Effective Date. This Resolution shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs,Florida,and pursuant to the
City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 10th day of October, 2022.
KEVIN McCANN,Mayor
ATTEST:
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CH STIAN GOWAN
City Clerk
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APPROVED AS TO LEGAL FORM AND SUFFICIENCY
:THaONY
Y OF WINTER SPRINGS ONLY.
A. GARGANESE
City Attorney
Resolution Number 2022-27
City of Winter Springs,Florida
Page 4 of 4
135
EXHIBIT"A"
RESOLUTION NO.2022-27
CITY CHAPLAIN PROGRAM
POLICIES AND PROCEDURES
CITY OF WINTER SPRINGS CITY COMMISSION
TITLE: REF.No:
CITY CHAPLAIN PROGRAM
Effective: 10/10/2022 Revised:
STANDARDS OF PERFORMANCE
PURPOSE: This directive is to establish guidelines for the operation and management of the City of
Winter Springs City Chaplain Program.
DISCUSSION:The City Chaplain Program is an unpaid,volunteer position occupied by one or more
local clergy members who desire to serve the City during times of distress. The program
is intended to provide citywide coverage,with the services of a Chaplain being made
available to the employees of the City of Winter Springs on an as-needed basis.
POLICY: It is the policy goal of the City of Winter Springs to make readily available counseling
services to City personnel,their families, and other members of the community in need of
such services, either when needed or upon request.To accomplish this policy objective,
the City will maintain a Chaplain Program responsible for providing on-call counseling,
consultation, and other forms of human crisis intervention to those in need. The Chaplain
may also provide spiritual guidance to those who request such guidance.
The goal of the City Chaplain Program is to provide a trusted individual in whom City
personnel as well as citizens of the community may confide and from whom City
personnel may seek assistance in dealing with personal hardships. In addition,the
Program strives to establish and maintain an attitude of cooperation between the City and
the local community.
CHAPLAIN SELECTION CRITERIA:
A. To qualify as a City Chaplain,one must meet the following criteria:
1. Be a resident of the State of Florida.
2. Maintain high moral and ethical standards.
3. Possess a caring and understanding attitude towards all people regardless of race,
national origin, sex,gender, ability,or religion.
City Chaplain Policies and Procedures
City of Winter Springs
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4. Be willing and able to respond to situations where the presence of a City Chaplain is
required.
5. Have the approval of the City Commission of the City of Winter Springs.
6. Consent to signing the City of Winter Springs Hold Harmless Agreement.
DUTIES AND RESPONSIBILITIES:
A. Assist the City of Winter Springs during times of distress.
B. Visit infirm City employees.
C. Demonstrate appropriate communication skills in formal settings such as official City meetings,
as well as in informal settings.
D. Act as a liaison between the City of Winter Springs and the religious groups of all denominations
located within the City and the surrounding areas.
E. Provide counseling and moral support for City employees, as requested.
F. Attend official City meetings and social events,providing invocations and benedictions, as
requested.
G. Provide spiritual aid and counseling for City employees,as requested.
H. Coordinate with local faith groups to schedule guest Chaplains to provide invocations before City
meetings.
I. Attend City training sessions on a regular basis.
J. Engage in ongoing training to enhance the Chaplain's efficiency in meeting with and assisting
people in crisis.
K. Periodically attend briefing sessions to familiarize themselves with the operations of the City.
L. Remain open and flexible to new concepts and/or additional duties as deemed necessary by the
City Commission.
City Chaplain Policies and Procedures
City of Winter Springs
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ADDITIONAL INFORMATION:
A. City Chaplains serve on a voluntary basis and at the will of the City Commission.Their services
may be terminated at any time by the City Commission for any reason whatsoever if it is felt that
their involvement in the program is not in the best interest of the City of Winter Springs.
B. The City may appoint multiple Chaplains to serve at one time. Chaplains shall serve for terms of
one year, subject to re-appointment by the Commission.
C. Any information received by the Chaplain while in the performance of their official duties is to
remain in the strictest confidence as allowed by law.
D. Chaplains do not act as an extension of their denomination or faith group. A Chaplain position
may not under any circumstances be used as an opportunity to preach,proselytize,or otherwise
advance any particular religion or belief.
E. The Chaplain may only provide religious counseling if requested by the counselee.If the
counselee does not request spiritual counseling,only secular counseling and support may be
offered.
F. A Chaplain should be willing to become involved in training programs that enhance one's
efficiency in meeting and dealing with people in crisis.
G. A Chaplain should be familiar with community medical,psychiatric, and other aid resources in
the local area.
H. The Chaplain's responsibility is to assist all City employees and their families,upon request,in
matters within the chaplain's professional realm. The chaplain shall not interfere with a City
employee, agent, or official, in the performance of that employee's duty.
I. The Chaplain shall not lend their presence to any political or social movement in a manner that
may suggest the City's endorsement of such a movement. Any such endorsement or advocacy
must be undertaken only as a civilian member of the clergy. Political and social movements are
City Chaplain Policies and Procedures
City of Winter Springs
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clearly distinguishable from civic office. The Chaplain's role as a public servant must be distinct
from their role as a clergy-member.
ADMINISTRATION OF THE CHAPLAIN PROGRAM:
A. The City Chaplain Program is administered by the City Commission of the City of Winter
Springs.
B. The City Clerk on behalf of the City Commission shall publish and maintain a current list of
approved City Chaplains. Contact information for the City Chaplains is available through the
City's contact directory.
C. All employees,officers, and agents of the City of Winter Springs are authorized to make direct
contact with the City Chaplain for personal reasons.
RELEASING INFORMATION:
A. Members of the City Chaplain Program may not,without prior approval of the City Commission
or City Manager,discuss with the media or other unauthorized persons official City business in
which they may have become involved or have personal knowledge.
Approved by the City Commission by Resolution No.2022-27 on this IOth day of October, 2022
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City of Winter Springs
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EXHIBIT `B"
RESOLUTION NO. 2022-27
City of Winter Springs
Job Task Analysis
Position: Department: Pay:
Chaplain Citywide Unpaid/Volunteer
General Description:
The general duty of the City Chaplain is to serve the City of Winter Springs during times of need or crisis.They are to be
readily available to counsel City employees,their families,and other individuals in the community in need of support.A
Chaplain is responsible for providing on-call guidance, counseling, consultation, and other forms of human crisis
intervention to those in need.Chaplains must express themselves with respect for people of all religions.
Job Task: Importance Frequency
1. Assist the City of Winter Springs during times of distress. 1 2 3 4 1 2 3 4
2. Visit infirm City employees or members of the community. 1 2 3 4 1 2 3 4
3. Demonstrate appropriate communication skills in formal settings such as official City 1 2 3 4 1 2 3 4
meetings,as well as in informal settings.
4. Act as a liaison between the City of Winter Springs and religious groups of all 1 2 3 4 1 2 3 4
denominations located within the City and the surrounding areas.
5. Provide counseling for City employees and members of the community,as requested. 1 2 3 4 1 2 3 4
6. Attend official City meetings and social events,providing invocations and
benedictions,as requested. 1 2 3 4 1 2 3 4
7. Provide spiritual aid and counseling for City employees and members of the 1 2 3 4 1 2 3 4
community,as requested.
8. Coordinate with local faith groups to schedule guest chaplains to provide invocations 1 2 3 4 1 2 3 4
before City meetings.
1234 1234
9. Attend City training sessions.
1234 1234
10. Engage in ongoing training to enhance the Chaplain's efficiency in meeting with and
assisting people in crisis.
1234 1234
11. Periodically attend briefing sessions to familiarize themselves with the operations of
the City.
These essential job functions are not to be construed as a complete statement or all duties
performed.The Chaplain will be required to perform other job-related marginal duties as
required.
City Chaplain Job Task Analysis
City of Winter Springs
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Required Qualifications:
• English language fluency. Fluency in Spanish and other languages is helpful.
• Knowledge of general, nonreligious counseling and/or crisis intervention.
• Familiarity with services available in the community to assist persons in crisis, such as local
medical and psychiatric resources, as well as other community aid resources.
• Knowledge regarding spiritual guidance and religious counseling.
• Demonstrated commitment to showing respect to all persons regardless of race, sex, gender,
national origin, ability, or religion.
• Demonstrated dedication to ethics and professionalism.
• Basic knowledge of the function of the local government of the City of Winter Springs and the
Winter Springs City Commission, or willingness to learn about the function of the City
government.
Environmental Conditions:
• Work may be inside in an office environment or outside in the field, as needs dictate.
• May during the day or at night, as needs dictate.
Education and Experience:
• High school graduate or recipient of an acceptable equivalent diploma.
• Education and/or specialized training in providing secular counseling services.
• Experience and/or specialized training in theological counseling.
(A comparable amount of training, education or experience can be substituted for a minimum
qualification).
Licenses and Certifications:
• Theological Training Certificate.
• Certificates in at least one form of non-religious counseling.
Approved by the City Commission by Resolution No. 2022-27 on this 10th day of October,
2022
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City of Winter Springs
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