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HomeMy WebLinkAbout2007 11 26 Consent 205 Approval of Resolution 2007-55 Firefighter Badge COMMISSION AGENDA ITEM 205 Consent x Informational Public Hearing Regular November 26. 2007 Meeting . . 11/"A'/ r, ~ tvi!L- l" Ii I Mgr. / Att. / Dept. REQUEST: The City Manager's Office and the City Attorney's Office request that the City Commission approve Resolution No. 2007-55 authorizing firefighters to retain their official firefighter badge upon retirement from the City of Winter Springs Fir~ Department. PURPOSE: The purpose of this resolution is to allow a retired City firefighter to retain their official firefighter badge. The purpose is also to declare that the allowing City firefighters to keep their official firefighter badge upon retirement serves a public purpose. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Authority, Chapter 166, Florida Statutes. CONSIDERATIONS: 1. On November 13, 2007 the City Commission approved Resolution 2007-49 authorizing the issuance of retired police officer badges for Citypolice officers upon retirement from the City Police Department. 2. The City Manager desires to implement a similar policy with regard to City firefighters. Page 1 of 2 3. Resolution No. 2007-49 was adopted by the City Commission consistent with the provisions of section 112.193, which authorizes the City to issue retired police officer badges subject to the restrictions, set forth in section 843.085, Florida Statutes. 4. These statutory provisions are not applicable to firefighter badges. Therefore, unlike police badges, firefighters are authorized to retain their official firefighter badge upon retirement with no restrictions. 5. If adopted this Resolution would: A. Authorize a retired firefighter of the City to retain hislher official badge upon retirement from the City of Winter Springs Fire Department. B. The badge shall be the official badge given to the firefighter during the course ofthe firefighters official duty. STAFF RECOMMENDATION: The City Manager and City Attorney recommend that the City Commission approve Resolution No. 2007-55. ATTACHMENT: . Resolution No. 2007-55 COMMISSION ACTION: No previous action. Page 2 of 2 RESOLUTION NO. 2007-55 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING RETIRED" CITY FIREFIGHTERS TO RETAIN THEIR OFFICIAL BADGE 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 VID, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, it is tb.e customary practice around the nation to permit retired firefighters to retain their official badge to commemorate their years of service; and WHEREAS, allowing retired firefighters to retain an official firefighter badge serves the municipal public purpose of honoring the City firefighters in commemorating their years of service to the City; and WHEREAS, the City has recently authorized the City Manager to issue retired police officer badges to retired City police officers; and WHEREAS, unlik~ the sections ofthe Florida Statutes applicable to police oft].cerretirement badges there is no statutory provision applicable to firefighter badges; and WHEREAS, the policy adopted authorizing City firefighters to retain their official badge upon retirement from the City of Winter Springs Fire Department is provided for h~rein; 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 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 ofthis Resolution. Section 2. Declaration of Public Purpose. The City Commission hereby declares that City of Winter Springs Resolution No. 2007-55 Page 1 of 2 authorizing a City firefighter to retain hislher official badge upon retirement constitutes a significant public purpose under the terms and conditions set forth herein. Section 3. Retirement Firefighter Badge Policy. A. The City Manager is hereby authorized to allow firefighters to retain their official firefighter badge upon the firefighter retiring from the City of Winter Springs Fire Department. B. The badge shall be the official badge used by the active duty firefighter. 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 ofthe 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 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. 2007-55 Page 2 of 2 RESOLUTION N0.2007-55 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING RETIRED CITY FIREFIGHTERS TO RETAIN THEIR OFFICIAL BADGE 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 anypower for municipal purposes, except when expresslyprohibited by law; and WHEREAS, it is the customary practice around the nation to permit retired firefighters to retain their official badge to commemorate their years of service; and WHEREAS, allowing retired firefighters to retain an official firefighter badge serves the municipal public purpose of honoring the City firefighters in commemorating their years of service to the City; and WHEREAS, the City has recently authorized the City Manager to issue retired police officer badges to retired City police officers; and WHEREAS, unlike the sections of the Florida Statutes applicable to police officer retirement badges there is no statutory provision applicable to firefighter badges; and WHEREAS, the policy adopted authorizing City firefighters to retain their official badge upon retirement from the City of Winter Springs Fire Department 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. City of Winter Springs Resolution No. 2007-55 Page 1 of 2 Section 2. Declaration of Public Purpose. The City Commission hereby declares that authorizing a City firefighter to retain his/her official badge upon retirement constitutes a significant public purpose under the terms and conditions set forth herein. Section 3. Retirement Firefighter Badge Policy. A. The City Manager is hereby authorized to allow firefighters to retain their official firefighter badge upon the firefighter retiring from the City of Winter Springs Fire Department. B. The badge shall be the official badge used by the active duty firefighter. 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 of Winter Springs, Florida, this 26th day of November 2007. ATT T: 0 AND A LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City o inter Springs only: ANTHONY A. GARGANESE, City Attorney JO F. BUSH, l~ia~or City of Winter Springs Resolution No. 2007-55 Page 2 of 2