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Home My WebLink AboutVI (A09) Second Reading Ordinance No. 97-29, Amending Personnel Rules and Regulations re: City Manager Agenda 10-21-97 Agenda 10-7-97 Ocoee Item VI A 9 Item VII A 9 o �fy14 %<4 PEGGY PSALEDAKIS,DIRECTOR or coon PERSONNEL/EMPLOYEE RELATIONS 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 (407)656-2322•FAX(407)656-8504 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE COMMISSION FR: PEGGY PSALEDAKIS, PERSONNEL DIRECTOR' DA: SEPTEMBER 30, 1997 SU: CITY OF OCOEE PERSONNEL RULES AND REGULATIONS We ask that you approve Ordinance No. 97-29 as it relates to the City Manager. By approving this Ordinance, the City is now in compliance with the Employment Agreement between the City Manager and the City of Ocoee Mayor and Commissioners. 6k, THE PRIDE OF WEST ORANGE FOLEY & LARDNER A T T O P N E y s A T ► w w G►IIG60 POST OPPICE SOX 21E3 JACKSONVILLE ORLANDO.FLORIDA 321G2-2193 SAN DISCO LOS ANDELES SAN FRANCICO 111 NORTH ORANGE AVENUE,SUITE MO MADISON ORLANDO.FLORIoA 32661,23SL TALLAHAUEG MILWAUKEE TAMPA TELEPHONE(4071 423-76S6 WASHINGTON D.C. SACRAMENTO FACSIMILE(40T1 4411_1743 WEST PALM SQACH WRITER'S DIRECT UNE MEMORANDUM VIA FACSIMILE TO: Ellis Shapiro, City Manager Peggy Psaledakis, Personnel Director FROM: Paul E. Rosenthal, Esq. , City Attorney DATE: September 25, 1997 RE: Amendment to Personnel Rules Affecting City Manager Pursuant to the request of Peggy Psaledakis, I am attaching hereto a proposed ordinance which incorporates the requested changes to the Personnel Rule and Regulations as the affect the City Manager. The specific language of the proposed amendment varies slightly with the draft language provided to me by Peggy Psaledakis, but I believe it to be consistent with the intent of such language. Please let me know if you have any comments or revisions regarding the draft ordinance. PER:cm Enclosure C1NPSl .91119,11/971 OF*1.E I PEILacirm E S T A 8 1.: S M E 0 1 9 4 2 11n:znnlfi g 7cawvr v k771-14 cr r Oro cnr.v. zF:QT IR C7 •an ORDINANCE NO. 97-29 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO PERSONNEL RULES AND REGULATIONS; AMENDING ORDINANCE NO. 93-18, AS AMENDED BY ORDINANCE NOS. 95-27 AND 97-05, BY AMENDING SECTION 1.02 TO DELETE THE CITY MANAGER AS AN EXEMPT EMPLOYEE AND CREATING A NEW SECTION 1.06 TO SPECIFY RULES AND REGULATIONS NOT APPLICABLE TO THE CITY MANAGER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to amend the City of Ocoee Personnel Rules and Regulations adopted in Ordinance No. 93-18, as amended by Ordinance Nos. 95-27 and 97-05, to clarify the applicability of certain rules and regulations to the City Manager. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Deletion of City Manager's Exempt Status. The reference to the City Manager is hereby deleted from the list of exempt positions in Section 1.02A of the City of Ocoee Personnel Rules and Regulations. . SECTION 3. Applicability of the Personnel Rules and Regulations to the City Manager. A new section 1.06 of the City of Ocoee Personnel Rules and Regulations is hereby created to read as follows: Section 1.06. City Manager A. Except as set forth in this Section, the Personnel Rules and Regulations are expressly made applicable to the City Manager. B. The following Sections of the Personnel Rules and Regulations shall not apply to the employment relationship between the City Manager and the City; provided, however, that the City Manager shall be bound by the following Sections as well as the balance of the Personnel Rules and Regulations in his dealings with the employees of the City and the administration of the Personnel Rules and Regulations: Section 4.04A, B, and C - Outside Employment Section 6- Types of Appointment and Change in Employment Status Section 7 - Work Schedules Section 10.03 - Conference Leave/Travel Policy Section 11 - Position Classification Plan Section 12 - Pay Plan and Starting Rates Section 13.04 - Performance Evaluation Section 13.07 - Pension Plan Section 14.03 - Retirement Section 14.06 - Reduction in Force Section 15 - Disciplinary Action/Termination Section 16 - Grievance Procedure In the event the Personnel Rules and Regulations or any section thereof are amended, the Human Resource Director will immediately analyze the amendment, this Section 1.06, and the Employment Agreement between the City and the City Manager, if any, and after discussion with the City Manager, identify in a memorandum to the City Commission, with a copy to the City Manager, proposed changes, if any, to this Section 1.06 with respect to the sections and subsections of the Personnel Rules and Regulations which should not apply to the City Manager. C. In the event of any conflict between the Personnel Rules and Regulations and an employment agreement between the City and the City Manager, the provisions of any such employment agreement shall control. Nothing contained in the Personnel Rules and Regulations shall be construed as a limitation on the authority of the City to enter into an employment agreement with the City Manager on such terms and conditions as are consistent with the City Charter and as may be mutually agreed upon, including terms and conditions inconsistent with the Personnel Rules and Regulations. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any 2 court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1997. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED October 9 , 1997 FOR USE AND RELIANCE ONLY BY READ FIRST TIME October 7 , 1997 THE CITY OF OCOEE, FLORIDA READ SECOND TIME AND ADOPTED APPROVED AS TO FORM AND LEGALITY , 1997 this day of , 1997. UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney Q\W P51\DOGS\OCOE\CITYMGR.PRR 110/1/97I ORLRE I PER:mckenna 3