HomeMy WebLinkAboutO-88-43
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ORDINANCE NO. 0-88-43
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; RESCINDING SECTION 2.08
PERTAINING TO SUPERVISION oVER ADMINISTRATIVE OFFICERS:
RENUMBERING THE EXISTING SECTION 2.09: RENUMBERING THE
EXISTING SECTION 2.10: CREATING A NEW SECTION 2.10,
PERTAINING TO THE COUNCIL EMPLOYEE RELATIONSHIP:
REPEALING SECTION 2 _ 11, PERTAINING TO CITY MANAGER'S
POWERS AND DUTIES: REPEALING SECTION 2. 12 , PERTAINING
TO CITY CLERK; REPEALING SECTION 2.13, PERTAINING TO
CITY TREASURER: RENUMBERING THE EXISTING SECTION 2.14:
RENUMBERING THE EXISTING SECTION 2.15: RENUMBERING THE
EXISTING SECTION 2.16: RENUMBERING THE EXISTING SECTION
2.17; RENUMBERING THE EXISTING SECTION 2.18;
RENUMBERING THE EXISTING SECTION 2.19; REPEALING THE
EXISTING ARTICLE III AND CREATING A NEW ARTICLE III:
CREATING A NEW SECTION 3.01 PERTAINING TO CHARTER
OFFICERS: CREATING A NEW SECTION 3.02 PERTAINING TO
APPOINTMENT OF CHARTER OFFICERS: CREATING A NEW SECTION
3.03 PERTAINING TO THE REMOVAL OF CHARTER OFFICERS;
CREATING A NEW SECTlON 3.04 PERTAINING TO CITY MANAGER
POWERS AND DUTIES: CREATING A NEW SECTION 3.05,
PERTAINING TO CITY CLERK: CREATING A NEW SECTION 3.06,
PERTAINING TO THE CREATING OF THE pOLICE DEPARTMENT;
CREATING A NEW SECTION 3.07, PERTAINING TO THE CHIEF OF
POLICE: CREATING A NEW SECTION 3.08, PERTAINING TO
POLICE OFFICERS: CREATING A NEW SECTION 3.09,
PERTAINING TO CITY ATTORNEY: PROVIDING FOR THE MANNER
IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING
THE TIME AND PLACES FOR HOLDING SAID ELECTION;
ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION:
DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF
ELECTIONS WITH A COpy OF THE ORDINANCE: PROVIDING FOR
PUBLIC NOTICE OF SUCH ELECTION: PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 166.031 of the Florida statutes provides
that the governing body of a municipality may submit to the
electors of that municipality a proposed amendment to all or part
of its charter; and
WHEREAS, the city council of the city of Sebastian, Indian
River County, Florida, has determined that certain revisions
should be made to the charter in order to provide for a more
efficient and concise exercise of the legislative and
administrative functions of the city; and
WHEREAS, the city council has determined that the charter
needs to be amended to fully implement the city manager-council
form of government; and
WHEREAS, the city council desires to submit the amendments
to the charter for ratification by the electors of the city of
Sebastian, Indian River County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
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SECTION 1. That the existing section 2.08 of the charter of
the city of Sebastian, Florida, is hereby repealed in its
entirety.
~&ee~-&~&&~--&ape~~~~~6fi-6~e~-~m~fi~~~~a~~~e-o~~~e~~~
--e6mpel't~a~~6fi.
hrr-aepa~~men~~7-e~~4ees-~~i~~~~~-~m~fi~~~e~ea
hy - -an-- 'O-f'~4ee~- --appe-i-rt-ee& - -hy- -anel- ~j-ec-t;- -~e-~ -e-i ~-i-Ml--and
~ape~~~~~on-o~-~fte-e6ttne~r.--W~~h-~he-e6n~en~-o~-~fte-eoane~r,-Ol'te
e~~y-~~~~-maY-~-6s--~-~-e~-~-f~t-~~-~-~aeft
elepa~~men~~,-e~~~ee~- e~- ~-es--oi:';--t~~~}-~~~-e--6ne
frr-pe~~on-a~-~fte-fte~-o~-~wo-f&r-o~-mo~e-o~-~ftem.
'Phe--maye~--e~--~-3..~--sha-3.-3..--~--reee-i:ve---a:ny---o~fte~
eompen~a~i-on--f~-any--e-t.~~i--e-i:e-l't'-~~eftl--t~-e~~y-~~-~fte
~e~m-o~-~fte~~-O'~:fiee."
SECTION 2. That the existing section 2.09 of the charter of
the City of Sebastian, Florida, is hereby amended by renumbering
the current Section 2.09 to become section 2.08.
SECTION 3. That the existing section 2.10 of the charter of
the city of Sebastian, Florida, is hereby amended by renumbering
the current section 2.10 to become section 2.09.
SECTION 4 .
That the charter of the city of sebastian,
Florida, is hereby amended by adding a new section to Article II,
to be numbered 2.10, which section shall read as follows:
"Sec. 2.10 council-employee relationship.
Neither the city council nor any of its members shall in any
manner dictate the appointment or removal of any city employee
except the charter officers nor shall the councilor any of its
members qive orders to any employee, other than council orders to
a charter officer.
The councilor its members shall implement
all policy matters throuqh the appropriate charter officer."
SECTION 5. That the existing Section 2.11 of the Charter of
the City of Sebastian, Florida is hereby repealed in its
entirety:
" &ee~-~h~~~---e-t.-y--Ma-~~~-pe'We~s-~-a1:i~~e~~-~--o~
o~:f~ee~~.
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far-JFfte-e~~y-man~e~-Wften-fieee~~a~y-~harr-appo~ft~,-~a~pend,
~em~~e,-e~-~i~i~-any-e4~y-~1~-ande~-ft4s--~~bot-~-~~
aeeordanee-w4~ft-~~-crnd-~fte-~r-~are~,-6fle-~-aa~ho~~~e
any-~~--fteaa--t~-e;::e~e4se--~-~-W~~ft-~--~e
~a~ord~fta~e~-~n-~fte-~e~pee~i~e~epa~~men~,-e~ee~~-a~-~~~~~m~~~ai
~~-ve~~ea-e~~4ee~s~--~~k~~~rr~i-~-a~-~ttpe~~~~e
~fte - ~m-s-t-i:'"frt-:i-ofr - ef - -a-rr - eet'>6~~filefl~:5- -e-:E- - -t.~-e~~y -~--~he
~~~iee~-e~-~fte-e4~y-~~-~~k~~~~~rr-a~~-ari
eeane~r-~-:i~-anre~~-~~-ee~fle4~-~-~ftaii-~-~he
~~ft~-~e-k~~~-~n-a~5etl55~e~~,-~-~-~~~e~--~~r~-~ee
~ftae-6~~-~~,-efta~~e~-p~ev~~~e~5,-~~-~~~,-ana
o~fte~-~~-e~--~-~~--~ttetee~-~-enfe~eeme~~-~-~-i~-a~e
~a~-eft~arry-~-ed-:---~-eH':'i'"-filfifl6~e~-~rr-ai~e-~-ana
~ahm~~-~fte-6flfl~6~-~-;-~-~,-~--e-ap-i-~~""P'~l"'a:il't'-~e
~he-ee~fle4~-~-~ftarr-keep-k~~~r-~ttrry-aavi~ea-~~-~fte
~~naneiar-ee~a~~~on-6fle-~~~~~~~-~~~~,~~rr-ma~e
~aeft-~eeommenda~~ofi~-~o-~fte-eoaneir-eenee~ft~~-~fte-a~~a~~~-o~-~he
el:-~y-a5-~-deefrt9-~i-l'frb-J:-e-:---'i'fte-e4 -t.y-~-she-I-3.-~~-ee--a
~aarl:-~~~-e4~y-~1~-~e-e;::e~e4~e-~-pewe~~-6~e-~~-~fte
~a~~e~-ef-e4~Y-ff\'fl.i'I:8.~-er-;--~-counc-i-I-~-~~~e~~na~iol"l
a~ - fii"lY- --e-MIte - 8.fi6 - "'ftPPO""i-nt- -aneefte~ - -e:L -:i -giM -e- ~rs-e-l'i" T - Mfte-r- -t=hai'r-a
~~~~~~-eottneirman,-~o-~e~~e-a~-ae~i~-e~~y-man~e~..
fhr--~-eetl~e~~--she-l-3.--ftave-~~k~-~-~efileve-~-e~~y
o~~iee~-fe~-e6~se--hy--a-~~-o~-a~-~e6s-t.-k~~-~-~~:--JFfte
e~-ey-ma~age~-Sft6~ ~ -ftttv-e- ~k~-t-o-~~-e-:E-:E-i:ee-rT-e>eeep~
eottl'te~rmen,--fe~--m45eefle~e~---:i~-~~~~-~-~~-e---e-:E--~a~y,
~epo~~i~-ft4s-~i~-in-w~4~4fl~7-~it4r-~ea~en~-~fte~e~e-r7-~-~fte
ne~~-~e9tl~6r-~-:i~~~-~fte-eettfie~i-e-r-~~i~-~-e-~-earred
~e~-~~t:l~-~~,-fer-~-t~-prer~m~na~y-6Pt'>~ev6~-~~~~app~e~ar..
N~~iee-e~-~aeft-~a~pen~~on-and-~fte-~ea~~n~-l:-ft-pe~~en-o~-by-mairift9
~aeft-fie~~ee-k~-t~-ra~~-knewn-6ee~es~-~-~~-o~:E-~e~..
~fte-~tt~pe~ae6-eff4eer-Sft6~~-hnv~~~~-~-a-~r~~~~-~he
eoane~r-~~--~~,-a~a--she-1-3.--ee--gi~-a-~e6~eflfib~e-~~-~e
p~epa~e-~tteft-ftea~~~~--r~-~fte-eettneir-~ftarr-app~o~e-~fte-ae~ien-~f
~fte-e4-t.y-~,-bY-6-~-e~-6-t.--3.~-~ft~ee-~B7-~'-~~
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s-as-p'eM~~-~M.en-e.f.f4ee~7-~-o-f+i~-shtt-l-l-~~~-~eme-~
~~om - -e.f-f'-i ee- ~ - 'Ene - -o-f+i-ce- -~aea~ed ~ - - -I-f- -~fte - ee'tifle4. -l- -shtl-3.-3.- -ne-~
apP'~o~e-~fi~~~-e~-k~-e~~Y-~~-6-~-e~-~--rea~e
~ft~ee --f3t -~ -in--s-a~pena.~ft9'-~tlen--cf-f-i.~-~-e-~~iee-~-~ftaB:
~es-a1'l'l:e-ft~~-ettt~ies--~n-o~~~ee."
SECTION 6.
the City of
entirety:
"&ee~-&.:r&.--ei~y-ere~lt.
Pfte-eeM.fte~~-~~-~~--aft-e~~iee~-e.f-~~~~~-s-ftar~
fta~e-~fte-~i~~e-e~-e4~Y-~~7-~~~-~~-~~~~-o!
~fte-~~r~---~-e4.t.y--e~e~k--s-harr-~~-~-i.~-e~--e~afte~~
mee~i~s--'Ee--i.k~~~-~he-ptl5~ie,-kee~-k~-~l--e-~-i~~
~~oeeeel:inqs- -ana - t'>e~~efm- "5tleft- -ot.~-dttt~-es- ~~ -i.tS'5-iqfted- --eo- --e.fte
ere~lt-hY-~ftis--efta~~e~-o~-~y-~fte-eoaneir.-JFfte-ei~y-e~e~It-may-ars-e
s-e~~e-a~-e~~y-~~eas-a~e~-a~-~fte-et~~e~e~ion-or--~fte-ei~y-eoafteir."
SECTION 7. That the existing Section 2.13 of the charter of
the city of Sebastian, Florida, is hereby repealed in its
entirety:
"&ee~-&~:r~.--ei~y-~~eas-a~e~.
That the existing section 2.12 of the Charter of
Sebastian, Florida, is hereby repealed in its
Pfte~e-"5fi~-l-l-~-afi-~i~-e-f-~fie-~ik1r-Wfto-Sft6-l-l-~-~fte
~i~re-e~-~k~k~~--Hef~ne-Sft6-l-l-~~~~-~e1'l'l:~~
by-~-~k~-eeM.~ei~~---~-e4~y--~~eas-tt~e~--shtl-3.-3.--~eee-ive--ana
aeeoan~--f~-arr-k~--fee~,-~~~~-.f'tifl6S-~-~ne-~k~-ana
s-ftarr-~e-eas-~od~an-of-s-aeft-~anas-.--hrr-~ands--of-~fte-ei~y-s-ha~r-be
eiepe-~~~eel:-5Y- t.fte-e-i~y-k~-i-n-~~-e-~~~~i-e:3--a~
1'l'I:ay-~~~~~-~rem-k~~-~e-~-i.~~-~fte-~it1r-eeM.~ei~-~-he
wi~M~awft-6fl6--&i~-~n-5M.eft--B:-~-as--m6y-~~Med--by
~e~o rtt~ ie-n -6~ -~he -e ~-e.y -ee-ttnei r. "
SECTION 8. That the existing section 2.14 of the charter of
the city of Sebastian, Florida, is hereby amended by renumbering
the current section 2.14 to become Section 2.11.
SECTION 9. That the existing section 2.15 of the charter of
the city of Sebastian, Florida, is hereby amended by renumbering
the current section 2.15 to become Section 2.12 and to amend the
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reference in current paragraph 2.15(c) to reflect the renumbering
of current section 2.09 of the charter as follows:
"SECTION 2.1-512. Procedure.
(a) Meetings. The council shall meet regularly at least
once in every month at such times and places as the council may
prescribe by rule. special meetings may be held on the call of
the mayor or the vice-mayor or of three (3) or more members and,
whenever practicable, upon no less than twelve (12) hours' notice
to each member. If deemed an emergency by three (3) members of
the council, the twelve (12) hour notice restriction may be
waived. All meetings shall be public; however, if permitted
under state law, the council may recess for the purpose of
discussing in a closed or executive session limited to its own
membership any matter which would tend to defame or prejudice the
character or reputation of any person, provided, that the general
subject matter for consideration is expressed in the motion
calling for such session and that final action thereon shall not
be taken by the council until the matter is considered in open
meeting.
(b) Rules and journal.
rules and order of business
journal of its proceedings.
record.
(c) Voting. Voting may be by voice vote, except that a
roll call vote shall be required on appropriation of funds or any
motion upon the call of any councilman. The ayes on each roll
call vote shall be recorded in the journal. Three (3) members of
the council shall constitute a quorum, but a smaller number may
adjourn from time to time and may compel the attendance of absent
members in the manner and subject to the penalties prescribed by
the rules of the council. No action of the council, except as
otherwise provided in the preceding sentence and in section 2.0~~
shall be valid or binding unless adopted by the affirmative vote
of three (3) or more members of the council."
The council shall determine its own
and shall provide for keeping a
This journal shall be a public
SECTION 10.
That the existing section 2.16 of the charter
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of the city of Sebastian, Florida,
is hereby amended by
renumbering the current section 2.16 to become section 2.13.
SECTION 11.
That the existing section 2.17 of the charter
of the City of Sebastian, Florida,
is hereby amended by
renumbering the current section 2.17 to become section 2.14.
SECTION 12.
That the existing section 2.18 of the charter
of the City of Sebastian, Florida,
is hereby amended by
renumbering the current section 2.18 to become section 2.15.
SECTION 13.
That the existing section 2.19 of the charter
of the city of Sebastian, Florida,
is hereby amended by
renumbering the current section 2.19 to become Section 2.16.
SECTION 14.
That the existing Article III, of the charter
of the City of Sebastian, Florida, is hereby repealed in its
entirety and a new Article III is hereby added to the charter of
the city Sebastian and hereby created to read as follows:
"ARTICLE III. ADMINISTRATIVE AND LEGAL
DEPARTMENTS
DIVISION 1. GENERALLY
Sec. 3.01. Creation.
(a) The council may establish city departments, offices or
agencies in addition to those created by this Charter and may
prescribe the functions of all departments, offices and agencies,
except that no function assigned by this Charter to a particular
department, office or agency may be discontinued or unless this
Charter specifically so provides, assigned to any other, unless
this charter specifically so provides.
(b) The city Manager, ci ty Clerk and city Attorney are
designated Charter Officers.
Sec. 3.02. Appointment.
The charter officers shall be appointed by the council and
serve at the pleasure of the council subject to the provisions of
section 3.03 of this Article.
Sec. 3.03. Removal.
(a) Any charter officer may be removed for office for cause
by a majority vote of the entire city council.
(b) In the event that one or more members of the city
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council believes that cause exists for the removal of a charter
officer, such member or members shall present written charges to
the entire council at a regularly scheduled meeting for
discussion. The council may, by a vote of at least three (3)
members, charge the named charter officer with misconduct and
immediately suspend such person from office. Notice of the
suspension and the specific charges of misconduct shall be served
upon the affected charter officer in person or by registered mail
to the last known address of the affected charter officer. The
suspended charter officer shall have a right to a hearing before
the council upon request. The suspended charter officer shall be
given a reasonable period of time in order to prepare for such
hearing. At the conclusion of the hearing, the suspended charter
officer may be removed from office and only if the council finds,
by a vote of at least three (3) members, that cause exists to
support such removal. In the event that at least three (3)
members of the council do not find that cause exists for removal,
the suspended charter officer shall be immediately reinstated.
Sec. 3.04. city manager; powers and duties.
(a) The city manager shall be the chief administrative
officer of the city.
(b) The city manager, when necessary, shall appoint,
suspend, demote, or dismiss any city employee under his
jurisdiction in accordance with the law and the personnel rules
of the city and may authorize any department head to exercise
these powers with respect to subordinates in his respective
department.
(c) The city manager shall direct and supervise the
administration of all departments of the city except the offices
of the city clerk and city attorney. He shall attend all council
meetings unless excused by council and shall have the right to
take part in discussions, but not vote.
(d) The city manager shall see that all laws, Charter
provisions, ordinances, resolutions, and other acts of the
council subject to enforcement by the city manager are faithfully
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executed.
(e) The city manager shall also prepare and submit the
annual budget, budget message, and capital program to the council
and shall keep the council fully advised as to the financial
condition and future needs of the city, and shall make such
recommendations to the council concerning the affairs of the city
as he deems desirable.
(f) The city manager shall designate a qualified city
employee to exercise the powers and perform the duties of city
manager during any temporary absence or disability of the city
manager. The council may revoke such designation at any time and
appoint another eligible person, other than a sitting councilman,
to serve as acting city manager.
Sec. 3.05. city clerk.
The city clerk shall give notice of council meetings to its
members and the public, keep the journal of its proceedings and
perform such other duties as are assigned to the clerk by this
Charter or by the council.
DIVISION 2. POLICE DEPARTMENT
Sec. 3.06. Creation; chief.
There shall be a police department which shall consist of a
chief of police and such other sworn and non-sworn employees as
may be determined by the city council. The chief of police shall
be the head of the police department and shall direct the
activities of its members and police department employees. The
chief of police shall be appointed by the city manager. The
mayor may, as provided by law, appoint and discharge special
pOlicemen in times of riot or pUblic emergency.
Sec. 3.07.
Chief of pOlice - duties and authority.
It
shall be the duty of the chief of police to attend meetings of
the city council as directed by the city manager; to aid in the
enforcement of order and to enforce the city I s ordinances, to
execute all papers and processes of the city or its authorities;
and to perform such other duties as may be lawfully required of
him/her.
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Sec. 3.08. Same--officers.
The Chief of Police and all sworn police officers shall have
the power and as provided by law to bear ammo and make arrests.
DIVISION 3.
LEGAL
Sec. 3.09. City Attorney.
(a) There shall be a city attorney of the city who shall
serve as chief legal advisor to the council, the mayor and all
city departments, offices and agencies, shall represent the city
in all legal proceedings and shall perform any other duties
prescribed by this Charter or by ordinance.
(b) The city council shall have authority to retain
additional counsel in specific actions or proceedings in its
discretion. Also, the council may provide by ordinance for the
additional office of and the appointment of an assistant city
attorney when the weight of the city attorney's duties increases
to such an extent that the council deems such action advisable or
necessary.
(c) The city attorney shall receive such compensation as
may be determined by the city council.
SECTION 15. An election is hereby called and scheduled to
be held on March 14, 1989, to determine whether the revisions to
the charter of the City of Sebastian, Florida, shall be approved
by a majority of the votes cast in such election, in which the
qualified electors residing in the city shall participate.
SECTION 16. The places of voting in such election shall be
the usual places of voting in the City of Sebastian, Florida, in
the regular election as follows:
PRECINCT
POLLING PLACE
12
Community Center
1805 North Central Avenue
15
Sebastian Lakes Clubhouse
1101 Fellsmere Road
16
Calvary Baptist Church
123 Thunderbird Drive
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The polls shall open at such voting places on March 14, 1989
from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing
within the City of Sebastian shall be entitled to participate in
and vote at such election.
SECTION 17. The purpose of this election shall be to present
a referendum issue to the electors of the city of Sebastian of
whether or not to adopt revisions to the city charter. The
ballot shall be in substantially the following form:
BALLOT
CITY OF SEBASTIAN, FLORIDA
Referendum
Referendum No. 1: Adopting a revision to the City Charter
Shall the city of Sebastian adopt revisions to the city
charter to provide, among other things, that the city
manager shall be the chief administrative officer; that
the police chief shall be appointed by the city
manager; that council members shall not dictate the
appointment or removal of any city employee other than
charter officers; that the city manager, city clerk and
city attorney are charter officers who may be removed
for cause?
Yes
No
SECTION 18.
The city clerk is hereby directed to instruct
the supervisor of elections of Indian River County to include the
above described referendum on the ballot for the election to be
held on March 14, 1989.
SECTION 19. Notice of such election shall be published in a
newspaper of general circulation according to the laws of the
State of Florida.
SECTION 20.
This ordinance shall take effect immediately
upon ~its passage.
ATTEST:
CITY OF SEBASTI~, FLORIDA
By: ~8. ~
Richard B. Votapka, Mayor
~~ fIt- Orl~,
Kathry M. O'Halloran, CMCjAAE
city Clerk
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State statute, that one FUblic hearing was held on
this Ordinance at 7:00 p.m. on the ~ day Of~~' 19@i.
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and that following said public hearing this Ordinance was passed
by the city Council.
c:P!n
Approve~ to Form and Content:
~/"l- ----
Charles Ian Nash, city Attorney
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