Fort Walton Beach Council agenda — 02-19-08 workshop agenda — reading text

provided that such action in respect to the heads of such departments of the city as may be designated by ordinance, shall be approved by vote of a majority of the members of the council before becoming effective.The manager may authorize the head of a department, or officer responsible to him, to appoint and remove subordinates in such department or office. Appointments made by or under the authority of the city manager shall be on the basis of executive and administrative ability, merit, fitness and of the training and experience of such appointees in the work which they are to perform. All such appointments shall bewithout definite term unless for provisional, temporary or emergency service. Section 29. Discharge, suspension, etc., of officers and employees; board of appeal. http:// libraryl .municode.conVdefault /DocView /11041 /1 / 3/ 8 1/ 2/ 2008 CHAPTER V. CITY MANAGER Page 2 of 4 a) Any officer or employee of the city may be removed, discharged, suspended, demoted, reduced in pay, or fined, by the city manager upon specification of detailed written charges of inefficiency, insubordination, absenteeism, neglect of duty, failure to properly perform any duty from time to time assigned, or any act of malfeasance, misfeasance or nonfeasance, stating the date when same is to be effective, signed by the city manager and given to such officer. or employee, or mailed to his usual place of residence as recorded with the personnel office. b) A copy of such action and charges shall also be simultaneously filed with the city clerk who is hereby designated as ex officio secretary of the board of appeal hereinafter provided for. Such officer or employee shall have the right within five (5) calendar days after receipt of a copy of such written notice and charges to appeal such action and charges to the said board of appeal by filing with the city clerk before the expiration of said five -day period, a sworn petition, in duplicate, challenging the city manager's action and the charges assisted in support thereof, and setting forth the facts relied upon by him in defense of the charges made against him, and thereupon the board of appeal shall, within five ( 10) [ 5] calendar days thereafter, fix a time and place for public hearing and investigation by and before said board, to be commenced not less than five ( 5) nor more than thirty ( 30) calendar days following the filing of such appeal petition and cause the city clerk to forthwith notify the city manageror his designated representative and appellant of the time and place designated for such hearing. At such hearing the city manager and appellant shall be accorded a full opportunity to support or defend the challenged action and the specific charges assigned in support thereof; and each may be represented by counsel and may cause witnesses to be subpoenaed to testify in their behalf concerning matters pertinent to the specific written charges and defenses filed as aforesaid. Immediately upon the filing ofsuch appeal petition the city clerk shall notify the members of the board of the pendency of such appeal, and a copy thereof shall be promptly delivered by the city clerk to the city manager, and to each member of the board of appeal. c) In connection with the performance of any duty hereunder, each member of the board of appeal and the city clerk shall have power to administer oaths, to issue subpoenas, to compel the attendance of witnesses, and the production of books, papers and documents and other matters and things relevant to any hearing or investigation being conducted by it. Four ( 4) members of the said board shall constitute a quorum. If, for any reason, there is no quorum, the hearing shall be rescheduled at a time a quorum can bepresent. d) At the conclusion of the investigation and hearing by the board of appeal, it shall, by majority vote, make its findings either sustaining or overruling the action and charges appealed, and file a written report thereof; in triplicate, with the city clerk, who shall deliver a copy thereof to the city manager and appellant, each of whom shall forthwith comply with the findings of the board. In the event the board of appeal sustains the appeal, the appellant shall be immediately reinstated and shall receive all credit and compensation for all the time lost by reason of the action appealed, but in the event the board overrules the appeal, then the action of the city manager shall stand as final. Copies of the aforementioned written charges, appeal petition and findings of the board of appeal shall be kept on file in the office of the city clerk as public record. e) An employees board of appeal for the city is hereby created, to be composed of five ( 5) members, all of whom shall be qualified electors of the city and shall serve without compensation unless otherwise provided by city council. Two ( 2) members of said board shall be persons of different vocations not employed by said city in any capacity for which said persons receive any compensation, and shall be appointed by the city council of said city, and shall be so appointed in the first instance for terms of oneand two ( 2) years, respectively, and thereafter in each instance the term shall be for two ( 2) years. Said two ( 2) persons shall be appointed within thirty ( 30) days after the effective date of this Act, and thereafter, on or before the expiration date of the term of the member currently expiring. The third and fourth members of said board shall not be employed by said city in any capacity and shall be elected to membership to said board by the vote of the regularly employed employees of the said city. Theterm of said third and fourth members shall be for one year. The two ( 2) members of the V6 __ http: //Iibraryl .municode.com /default/DoeView /i 1041/ 11318 1/ 2/ 2008 CHAPTER V. CITY MANAGER Page 3 of 4 board, first appointed, shall appoint the judges and clerk for the election of said third and fourth members, and the time for said elections shall be set by the two ( 2) members first appointed to said board, and thereafter said election shall be held on that date each year or such other date as may be designated by the city council. The vote shall be canvassed on the following day after said election. The two ( 2) candidates receiving the greatest number of votes shall be declared elected. Within five ( 5) days following said election the four (4) members respectively appointed or elected as aforesaid shall appoint a fifth member who shall not be employed by said city in any capacity and whose term shall be for one year. f) Immediately after the appointment and election of the first board as hereinabove set forth, and in such subsequent year, the board shall organize by electing one of its members as chairman to hold office until the election and qualification of his successor at the next organization meeting of the said board. In the event, the office of the board member who shall be chairman shall become vacant, a new chairman shall be elected by the board immediately after such vacancy shall be filled. g) Whenever a vacancy caused by death, resignation, disqualification or otherwise, shall occur in the membership of the board of appeal, such vacancy for this unexpired term shall be filled in the same manner as the office was previously filled. h) Any qualified voter of the City of Jacksonville Beach, Florida, over the age of twenty -one 21) years, shall be eligible to hold office as a member of the board of appeal, provided that no person who has been convicted of a felony or who is or who has been within one year prior to his election or appointment an officer or employee of the said city, shall be eligible for election or appointment to such office. Violation of any trust by any member of the board of appeal or any act of misfeasance, malfeasanceor nonfeasance in office shall be grounds for his removal by the city council. i) The city council of said city is hereby required annually to appropriate and provide, upon requisition of the board, a sufficient sum of money to enable said board of appeal to organize and discharge its functions as herein provided, including the procurement of such clerical and stenographic help as may be reasonably required. j) The city manager, deputy city manager, city attorney, city clerk, department heads, contract employees, and probation employees during their initial probationary period are exempt from Section 29( b) through Section 29( i). Section 30. Council not to interfere in appointments or removals. Subject to the provisions of this Charter, neither the council nor any of its committees or members shall direct or request the appointment of any person to, or his removal from, office by the city manager or any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the city. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the manager, and neither the council nor any members thereof shall give orders to any subordinate of the city manager either publicly or privately. Any violation of the provisions of this section by a member of council shall be a misdemeanor, conviction of which shall immediately forfeit the office of the member so convicted. Section 31. Duties of the manager. It shall be the duty of the city manager to act as chief conservator of the peace within the city; to supervise the administration of the affairs of the city; to see that the ordinances of the city and the laws of the state are enforced; to make such recommendations to the council concerning the affairs of the city as may seem to him desirable; to keep the council advised of the financial condition and future needs of the city; to prepare and submit to the council the annual budget estimate; to prepare and http:// Iibrazyl .mwucode.com/ defauit/DocView /I 104111/ 3/ 8 112/ 2008 CHAPTER V. CITY MANAGER Page 4 of 4 submit to the council such reports as may be required by that body; and to perform such other duties as may be prescribed by this Charter or required by him by ordinance or resolution of the council, not inconsistent with this Charter. Nothing herein shall be construed to confer or impose upon the city manager any of the powers, duties, or functions herei n provided to be exercised or performed by any other elective or appointive officer of the city. Section 32. Right of manager and other offiders In council. The city inanager and such other officers of the city as may be designated by vote of the council, shall be entitled to seats in the council, but shall have no vote therein. The manager shalt have the right to take part in the discussion of all matters