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

misuse of public office, F. S. § 838. 014 et seq.; offenses by public officers and employees, F. S. § 839.04 et seq. Sec. 15.5. Oath of office. Editor's note: This section was editorially transferred to the Code of Ordinances as certain provisions of a charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021( 5). This section was section 2 -71 in the 1994 Code of Ordinances. Section 2 -71 was deleted in the 2006 recodification. http: / li/ raryvl. municode. com /default/DoeView /13804/ l/4/ 19 1/ 2/ 2008 ARTICLE 15. MISCELLANEOUS PROVISIONS Page 2 of 3 Sec. 15. 6. Limitations of actions against city. Editorially deleted.] Editor's note: This section, which has not been amended by referendum after July 1, 1973, and which does not involve extraterritorial powers, has been editorially deleted as home rule powers of a municipality are derived from the constitution and F. S. ch. 166 and it is adequately covered in state law. State law references: Sovereign immunity, limitation on recovery in tort claims, statute of limitations, etc., F.S. § 768.28. Sec. 15. 7: Extent of damages recoverable. Editorially deleted.] Editor's note: This section, which has not been amended by referendum after July 1, 1973, and which does not involve extraterritorial powers, has been editorially deleted as home rule powers of a municipality are derived from the constitution and F. S. ch. 166 and it is adequately covered in state law. State law references: Sovereign immunity, limitation on recovery in tort claims, statute of limitations, etc.,F. S. § 768. 28. Sec. 15. 8. City not liable for misfeasance, etc., of employees. Editorially deleted.] Editor' s note: This section, which has not been amended by referendum after July 1, 1973, and which does not involve extraterritorial powers, has been editorially deleted as home rule powers of a municipality are derived from the constitution and F.S. ch. 166 and it is adequately covered in state law. State law references: Sovereign immunity, limitation on recovery in tort claims, statute of limitations, etc., F. S. § 768. 28. Sec. 15.9. Notice to city. Editorially deleted.] Editor's note: This section, which has not been amended by referendum after July 1, 1973, and which does not involve extraterritorial powers, has been editorially deleted as home rule powers of a municipality are derived from the constitution and F. S. ch. 166 and it is adequately covered in state law. State law references: Sovereign immunity, limitation on recovery in tort claims, statute of limitations, etc., F. S. § 768. 28. Sec. 15. 10. Independent audit. Editor's note: This section regarding audits and accounts was transferred to the Code of Ordinances by Ordinance No. 93 -6898. This section is section 2 -601 in the Code of Ordinances. A 11q: / l/i r aryl .mum'code. corn /defautt/DocView /13804 /114119 1/ 2/ 2008 ARTICLE 15. MISCELLANEOUS PROVISIONS Page 3 of 3 Sec. 15. 11. Creation and abolishment of departments or offices; change of duties. Editorially deleted.] Editor's note: This section was editorially transferred to the Code of Ordinances as certain provisions of a charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F. S. § 166. 021( 5). This section was section 2 -144 in the 1994 Code of Ordinances. Section 2 -144 was deleted in the 2006 recodification. Sec. 15.12. Competitive bidding. Editor's note: This section has been editorially transferred to the Code of Ordinances as certain provisions of a charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F. S. § 166. 021( 5). This section is sections 2 -662 through 2 -669 in the Code of Ordinances. Sec. 15. 13. Publication in newspaper. Editorially deleted.] Editor' s note: This section regarding publishing in a newspaper which has not been amended by referendum after July 1, 1973, and which is not extraterritorial power has been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F. S. ch. 166 and it is adequately covered in state law. State law references: Publishing of public notices, F. S. ch. 50. Sec. 15. 14. Definition of majority at elections and meetings. Editorially deleted.] Editor's note: This section regarding freeholder elections has been editorially deleted as all limitations on the exercise of certain home rule powers in a charter adopted prior to July 1, 1973, and not subsequently amended have been repealed by operation of F.S. § 166. 021( 4). Sec. 15. 15. Interpretation of "five- sevenths vote." For the purposes of this charter, unless specifically provided herein to the contrary, any reference herein to a " five- sevenths vote" of the city council shall be construed to require the affirmative vote of five ( 5) members of the city council. Ord. No. 3022, § 1, 7 -5 -1978) vV 1/ 2/ 2008 http:// Iibraryl. municode. com/defaulVDoeView /13804/ l/4/ 19 ARTICLE 16. SUCCESSION IN GOVERNMENT Page 1 of 2 ARTICLE 16. SUCCESSION IN GOVERNMENT Sec. 16. 1. Rights and privileges of former city. All rights, powers and privileges held and exercised by the former City of Naples are hereby vested in the city created by this act to the extent that the same are not inconsistent herewith. - Sec. 16.2. Ordinances of former city to remain. The ordinances of the former City of Naples, not in conflict with this Charter shall remain the ordinances of the city created and established by this Charter until altered, amended, modified, or repealed by the council of the city created and established by this Charter. Sec. 16. 3. Property of city. The titles, rights and ownerships of properties, uncollected taxes or assessments due, claims, judgments, decrees and chosen in action held or owned by the former City of Naples shall pass to and be fixed in the city created and established by this Charter. Sec. 16.4. Continuance of offices, departments, boards and agencies. The offices, departments, boards and agencies provided for by Laws of Fla. ch. 26044 ( 1949), shall continue in full force and effect until the same shall have been altered or abolished as herein provided for. Sec. 16. 5. Existing pension rights. The provisions of this act and particularly section 1. 4( 31) are not intended to impair the rights, if any, of municipal employees to presently existing benefits under lawfully created pensions, health and hospitalization insurance plans. Sec. 16. 6. Repeal of inconsistent laws. All laws or parts of laws affecting the City of Naples insofar as any of them are inconsistent with this act are hereby repealed; provided, however, that nothing in this act shall be construed to amend, alter or impair the provisions of any valid contract executed pursuant to prior law. Sec. 16. 7. Separability. The provisions of this act are severable, and if any part shall be held to be unconstitutional such decision shall not affect the remaining provisions of this act. firary l m. unicode. com/ default/DocView /13804/ 1/ 4/20 http: / / 1/ 21200$ ARTICLE 16. SUCCESSION IN GOVERNMENT Page 2 of 2 Sec. 16. 8. Time of taking effect. This act shall take effect upon becoming a law. 1/ 2/ 2008 http: / library / l innunicode. . conVdefault/DocView/ 13 804/ 1 / 4/20  ARTICLE IV. DEPARTMENTS* Page 1 of 8 ARTICLE IV. DEPARTMENTS' Cross references: Travel policy for officers and employees, § 2 -161 et seq.; fire operations unit, § 24 -51 et seq. DIVISION 1. GENERALLY Sec. 2201. Administrative branch units and subunits; directors; appointment of departmental and managerial personnel. a) The administrative branch of the city government shall consist of functional units which shall be designated as departments or offices. These units shall be assigned the responsibility of providing specified services within the corporate limits of the city. City departments or offices may consist of subunits which shall be designated as bureaus. Bureaus may consist of subunits which shall be designated as divisions. Divisions may consist of subunits which shall be designated as sections. Sections shall be subordinate to divisions in the line of authority and responsibility. Divisions shall be subordinate to departments in the line of authority and responsibility. The same relationships in line of authority and responsibility described in this subsection shall exist for persons placed in charge of sections, divisions, bureaus and departments. b) Each department or office shall have a director or chief who shall be under the direction of the city manager and shall serve at the will and pleasure of the city manager. In the absence of the department director, the city manager shall appoint an acting director who shall serve with like authority and responsibility as the director. The director of each department or office shall define rules and regulations for the effective and efficient operation of the department or office. The director shall be responsible for the accomplishment of assigned responsibilities and goals of the department and enforcement of this Code and rules and regulations. c) The city manager may appoint as many personnel in each department as is deemed necessary, within the funds appropriated by the city council. d) The city manager may appoint as many managerial personnel as is deemed necessary within the funds appropriated by the city council. These personnel shall be responsible for duties and responsibilities as delegated by the department or office director. When a duty or responsibility has been duly delegated by the director, the managerial employee shall act with like authority of the director. Code 1957, § 1A -19; Code 1994, § 2 -142) Sec. 2 -202. Authority to create, change, abolish, and assign additional duties; graphic table of organization. a) Authority to create, change, abolish, and assign additional duties. The city council, by ordinance, may create, change and abolish offices, departments or agencies; other than the offices, departments and agencies established by the Charter. The city council, by ordinance, fV hrip:// li ra ll. municode. com /default/DocView /13804/ l/ 30/ 34 1/ 2/ 2008 ARTICLE IV. DEPARTMENTS* Page 2 of 8 may assign additional functions or duties to offices, departments or