HomeMy WebLinkAboutO-13-01ORDINANCE NO. 0 -13 -01
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, ARTICLE I,
SECTION 2 -2 TO EXCLUDE LAW ENFORCEMENT RECORDS FROM CITY
CLERK RECORDS MANAGEMENT LIAISON OFFICER (RMLO)
RESPONSIBILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, Every agency is required to appoint a Records Management Liaison Officer
(RMLO) to serve as the primary point of contact between the agency and the Division's records
management program in accordance with 257.36(5)(a), Florida Statutes; and the City Clerk is
designated RMLO for the City of Sebastian in Section 2 -2 of the Code of Ordinances; and
WHEREAS, due to the complexity of Law Enforcement records laws, it is determined
that the Police Department Records Division under the direction of the Chief of Police as RMLO
for the Sebastian Police Department or her designee is best suited to handle Law Enforcement
Records retention and dissemination; and
WHEREAS, it has been confirmed that a Police Department can have a separate RMLO
and designation of the Chief of Police as RMLO for the City of Sebastian Police Department can
be accomplished by submitting an RMLO designation form to the Department of State, Division
of Library and Information Services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 2, Article I, Section 2 -2 of the Code of Ordinances of the City
of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 2 -2. - Powers and duties of city clerk.
The city clerk shall perform the duties of clerk of the council, and receive all minutes and
documents from all boards, commissions or committees appointed by the city manager and /or
the city council, and in that capacity shall give notice of city council and other meetings to its
members and the public, keep the journal of its proceedings, and shall keep and maintain all
official documents for the city. In addition, the city clerk is designated as the city's records
management liaison officer (exclusive of law enforcement records), city supervisor of elections
and such other and additional duties as are assigned to the city clerk by the Charter or by the
city council. The city clerk shall have such powers as are confirmed by the Charter, this Code of
Ordinances and by the Florida Statutes, as presently constituted or hereafter amended. "
SECTION 2. SEVERABILITY. If any section or part of a section of this ordinance is
declared invalid or unconstitutional, the validity, force and effect of any other section or part of a
section of this ordinance shall not thereby be affected or impaired unless it clearly appears that
such other section or part of a section of this ordinance wholly or necessarily dependent upon
the section or part of a section so held to be invalid or unconstitutional.
SECTION 3. CONFLICT. This ordinance shall prevail over all other ordinances which
are in conflict with this ordinance. If any clause, section or other part or application of this
ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid,
such unconstitutional or invalid part or application shall be considered as eliminated and in no
way affecting the validity of the remaining portions or applications remaining in full force and
effect.
SECTION 4. EFFECTIVE DATE. This ordinance shall be enacted upon its final
adoption.
The foregoing ordinance was moved for adoption by Council Member Coy . The
motion was seconded by Council Member Wright and, upon being put to a vote, the
vote was as follows:
Mayor Bob McPartlan
Vice Mayor Don Wright
Council Member Jerome Adams
Council Member Andrea Coy
Council Member Jim Hill
aye
aye
aye
aye
ave
The Mayor thereupon declared this ordinance duly passed and adopted this 13th day
of March .2013.
ATT T:
Sally A. Vo, MMC
City Cle
City of Sebastian, Florida
B Y w
Mayor Bob McPartlan
Appro d as to form and content:
Robert A. Ginsburg
City Attorney
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