HomeMy WebLinkAboutR-88-72RESOLUTION NO. R-88-72
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CONCERNING THE CITY MANAGER'S
AUTHORITY TO DIRECT AND SUPERVISE THE POLICE
DEPARTMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida, adopted Resolution R-87-4 on February 4,
1987, proposing to amend, by referendum, Sections 2.05 and 2.11
of the Charter of the City of Sebastian for the purposes of
creating the City Manager form of government; and
WHEREAS, the proposed amendment to Section 2.05 of the
Charter significantly reduces the salary payable to the
individual occupying the office of Mayor, thereby indicating the
intent of the City Council that henceforth the office of Mayor
should be a part-time, rather than full-time, position; and
WHEREAS, the proposed Section 2.11 of the Charter sets forth
the powers and duties of the City Manager; and
WHEREAS, the proposed Section 2.11 provides that the City
Manager shall direct and supervise the administration of all
departments of the City except the offices of the City Clerk and
the City Attorney; and
WHEREAS, the electors of the City of Sebastian approved the
proposed amendments to Section 2.05 and 2.11 of the Charter of
on March 10, 1987,
Council of
that Sections
with an effective date of
the City by vote
March 14, 1988; and
WHEREAS, the City
subsequently determined
the City of Sebastian has
3.02 through 3.04 of the
City Charter, pertaining to the Police Department, should also
have been amended in order to alleviate any ambiguity with the
provisions of Resolution R-87-4, providing that the City Manager
shall direct and supervise the administration of all departments
of the City, including the Police Department; and
WHEREAS, a conflict now exists between the amended Section
2.11 of the Charter and Sections 3.02 through 3.04 of the said
Charter; and
WHEREAS, it is the intent of the City Council of the City of
Sebastian that the City Manager shall have all authority to
administer, supervise, and direct the Police Department except as
specifically restricted to the Mayor and City Council by Sections
3.02 through 3.04 of the Charter; and
WHEREAS, the City Council
additional amendments to the said
correcting this conflict which
is in the process of drafting
Charter for the purposes of
it intends to place before the
electors at the earliest possible opportunity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. Pursuant to Section 2.08 of the Charter of
the City of Sebastian, the City Manager is hereby appointed as
the officer designated to administer the City of Sebastian Police
Department, subject to the direction and supervision of the
Council. The City Manager shall have and exercise control over
the Police Department, through the Chief of Police, subject to
the authority and instruction of the City Council and under the
supervision of the Mayor, pursuant to authority set forth in
Section 3.03 of the City Charter.
SECTION 2. Pursuant to authority set forth in Section
2.11 of the City Charter, the City Manager shall, when necessary,
appoint, suspend, demote, or dismiss any employee in the Police
Department, other than a sworn police officer, in accordance with
general law and the personnel rules of the City.
SECTION 3. Pursuant to the authority set forth Section
2.11(b) of the City Charter, the City Manager shall continue to
exercise his authority to suspend any sworn officer, including
the Chief of Police, in the Police Department.
SECTION 4. The City Manager shall screen all applicants
for the position of Chief of Police and all other sworn police
officers and make his recommendations to the Mayor. Pursuant to
Section 3.02 of the City Charter, the Mayor shall retain his
authority to appoint the Chief of Police and all police officers,
subject to the approval of the City Council.
SECTION 5. All resolutions or parts of resolutions in
conflict herewith are hereby repealed.
2
SECTION 6.
upon its adoption.
This Resolution shall take effect immediately
This Resolution was duly passed
Council of the City of Sebastian,
at its regular meeting held on the
1988.
Indian River
~ day of
and adopted by the City
County, Florida,
CITY OF SEBASTIAN, FLORIDA
AT~EST:
Kath~_..n M~ o. Halloran, CMC/AAE
citY.~-lerk
Richard B. Votapka, Mayor
Approved as to Form and Content:
Ch~rl~e-~ Ian Na.~h, City Attorney