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HomeMy WebLinkAbout2025 03 31 Public Hearing 402 - First Reading of Ordinance 2025-06 Amendment to Chapter 14, PersonnelPUBLIC HEARINGS AGENDA ITEM 402 CITY COMMISSION AGENDA | MARCH 31, 2025 REGULAR MEETING TITLE First Reading- Ordinance 2025-06 Amendment to Chapter 14, Personnel SUMMARY The City Manager has worked with the City Attorney’s office to draft proposed changes to Chapter 14, which pertains to Personnel. To better align with the City Manager's existing responsibility of overseeing the organization’s daily operations, the City Manager recommends amending Section 14-1 of the City Code. This amendment would authorize and direct the City Manager to develop, prepare, maintain, and promulgate the City's personnel policy. The personnel policy may still be reviewed by the City Commission as may be deemed necessary by the City Commission. Lastly, the City Manager recommends repealing Article II in its entirety, as the provisions within this Article are obsolete and no longer necessary, based on the advice of the City Attorney. FUNDING SOURCE RECOMMENDATION Staff recommends that the City Commission hold a Public Hearing and approve the First Reading of Ordinance 2025-06. 863 ORDINANCE NO. 2025-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 14, PERSONNEL, ARTICLE I. – IN GENERAL, AND ARTICLE II, OLD AGE AND SURVIVORS INSURANCE; 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 § 2(b), Art. VIII, of the State Constitution, to exercise any power for municipal purposes except when expressly prohibited by law; and WHEREAS, the City desires to amend Section 14-1 of the City Code to align with the City Manager’s responsibilities to appoint, suspend or remove all city employees and direct and supervise the administration of all departments, officers and agencies of the City; and WHEREAS, the City Commission desires to repeal Chapter 14, Article II, Old Age and Survivors Insurance, recognizing that said Article adopted by the former City Commission, circa 1974, is outdated and Congress passed a law in 1991 extending Social Security on a mandatory basis to most states and local employees, and social security is preempted and governed by the Federal Social Security Act and applicable State law; 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; and NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference. Section 2. Amendment to Chapter 14, Personnel. The City of Winter Springs, Code of Ordinances, Chapter 14, Personnel, is hereby amended as follows: (underlined type indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 14. It is intended that the text in Chapter 14 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to the adoption of this Ordinance): * * * Chapter 14 – PERSONNEL Ordinance No. 2025-06 City of Winter Springs Page 1 of 4 864 ARTICLE 1. – IN GENERAL Sec. 14-1. Policy, rules and regulations. The city manager is hereby authorized and directed to develop, prepare, maintain, and promulgate a comprehensive personnel policy of for the city shall be approved and ratified by resolution of the city commission which shall govern the recruitment, selection, employment, classification, compensation, discipline, and other employment-related matters for all City employees, except as otherwise provided by law, city charter, or collective bargaining agreements. The personnel policy shall be consistent and in compliance with applicable federal, state, and local laws and shall be designed to ensure the city’s operational needs are met and best practices are implemented. All City departments and employees shall adhere to the personnel policy as promulgated by the city manager, subject to any superseding provisions of state or federal law or collective bargaining agreements. Department heads and supervisors are responsible for enforcing and ensuring compliance with the policy within their respective areas of oversight. The personnel policy may be reviewed by the city commission as may be deemed necessary by the city commission. Any personnel policy, rule, or regulation previously issued that conflicts with a personnel policy promulgated by the city manager under this section shall be deemed superseded and of no further force or effect upon the effective date of the new policy. include a system for the recruiting, selecting, developing and maintaining an effective and responsive workforce, and shall include policies and procedures for employee hiring and advancement, training and career development, job classification, salary administration, retirement, fringe benefits, discipline, discharge and other related activities which is on file in the city clerk's office. The city manager shall from time to time amend and update the personnel policy. ARTICLE II. – RESERVED OLD AGE AND SURVIVORS INSURANCE Sec. 14-26. Extension of benefits. (a)Intent. It is hereby declared to be the policy and purpose of the city to extend effective as of January 11, 1975, to the employees and officials thereof, not excluded by law, nor excepted herein, the benefits of the system of old age and survivors insurance as authorized by the federal social security act and amendments thereto, and by F.S. ch. 650 and to cover by such plan all services which constitute employment as defined in F.S. § 650.02, employed in the employ of the city by employees and officials thereof, except for services rendered by elected officials, o r services rendered by part-time employees, and for services rendered for which the compensation is on a fee basis. (b)Exceptions. There is hereby excluded from this section any authority to include in any agreement entered into under section 14-27, any service, position, employee or official now covered by or eligible to be covered by an existing retirement system. Sec. 14-27. Execution of agreements. The mayor is hereby authorized and directed to execute all necessary agreements and amendments thereto with the state agency for the purpose of extending the benefits provided by the system of old age and survivors insurance to the employees and officials of this city as provided in this article, Ordinance No. 2025-06 City of Winter Springs Page 2 of 4 865 which agreement shall provide for such methods of administration of the plan by the city as are found by the state agency to be necessary and proper, and shall be effective with respect to services in employment covered by such agreement performed on and after the eleventh day of January, A.D., 1975. Sec. 14-28. Contributions. (a)Withholdings. Withholdings from salaries, wages or other compensation of employees and officials for the purpose provided in section 14-26(a) are hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by applicable state or federal laws or regulations, and shall be paid over to the state agency designated by such laws or regulations to receive such amounts. (b)City contributions. There shall be appropriated from available funds, derived from the general fund of the city such amounts, at such times, as may be required to pay promptly the contributions and assessments required of the city as employer by applicable state or federal laws or regulations, which shall be paid over to the lawfully designated state agency at the times and in the manner provided by law and regulation. Sec. 14-29. Records. The city shall keep such records and make such reports as may be required by applicable state or federal laws or regulations governing the provisions of this article, and shall adhere to the regulations of the state agency. * * * Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior 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. Ordinance No. 2025-06 City of Winter Springs Page 3 of 4 866 Ordinance No. 2025-06 City of Winter Springs Page 4 of 4 Section 6. Effective Date. This Ordinance shall become effective immediately 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 ________________________________, 2025. ______________________________ Kevin McCann, 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 First Reading: ___________ Legal Ad: ___________ Second Reading: ___________ 867