HomeMy WebLinkAboutOrdinance 97-29
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 Mana~er'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 Re~ations to the
City Mana~er. 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
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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 d (~ay of Ct.-1'tI&ci... , 1997.
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APPROVED:
CITY OF OCOEIJ. ~ORIDfJ-
0-") $~Ck,p~4 ,,-
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS T~ecRM AND LEGALITY
thisJ+ day of () :.r,i997.
FOwp.~
By. ~
City Attorney
ADVERTISED October 9 ,1997
READ FIRST TIME October 7,1997
ReAD SECOND TIME AND ADOPTED
Vt l1>~bl..- eV_ , , 1997
UNDER AGENDA ITEM NO. ~ ~ q
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