Res 65-15RESOLUTION NO. 65-15
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, URGING THE PALM BEACH
COUNTY" LEGISLATIVE DELEGATION TO SUPPORT A HOUSE
BILL AND A SENATE BILL IN EFFORTS TO REPEAT, CHAPTER
25784, LAWS OF FLORIDA, WHICH CREATED THE CIVIL SERVICE
SYSTEM FOR THE CITY OF DELRAY BEACH; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to express its support £or a
proposed local bill repealing Chapter 25784, Laws of Florida in the 2016 Legislative Session in order to have
the ability to amend its civil service system by home rule ordinance; and
WHEREAS, Chapter 25784, Laws of Florida is the Special Act enacted in 1949 that created a civil
service system for the employees of the City of Delray Beach; and
WHEREAS, specifically, Chapter 25784 created a Civil Service Board for the City; defined the board's
membership, powers and duties; designated the employees who are within the terms of the Special Act.; defined
certain terms of the Special Act; and other related matters; and
WHEREAS, the provisions of Chapter 25784 have been substantially incorporated into the City's Code
of Ordinances; and
WHEREAS, currently, the City Commission cannot repeal or amend its civil service system by home
rule ordinance because the Municipal Home Rule Powers Act does not allow any changes to a special law or
municipal charter which affects the rights of municipal employees except by an amendment to the Special Act
through action taken by the Florida Legislature or with approval by referendum of the electors as provided in
Section 166.031, Florida Statutes; and
WHEREAS, the current process of amending the Special Act that created the civil service system is
cumbersome and inefficient; and
WHEREAS, if passed by the Florida Legislature, the local bill repealing Chapter 25784 will not tape
effect until it is approved by a majority vote of those qualified electors of the City of Delray Beach in a
referendum; and
WHEREAS, the City Commission finds it to be in the best interest of the City of Delray Beach that
Chapter 25784, Laws of Florida be repealed in the 2016 Legislative Session.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission incorporates the "Whereas" clauses set forth above as if fully
set forth herein.
Section 2. That the City Commission hereby urges the Palm Beach County Legislative Delegation
to support a House Bill and a Senate Bill in efforts to repeal Chapter 25784, Laws of Florida, which created the
civil service system for the City of Delray Beach.
Section 3. That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED in regular session on this the 15th day of '5e e et, 015-
A Y 0 R
15.AYOR
,ATTEST
City Clerk
2 Res. No. 65-15
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MEMORANDUM
TO:Mayor and City Commissioners
FROM:Noel Pfeffer, City Attorney
DATE:September 3, 2015
AGENDA ITEM 8.O. - REGULAR COMMISSION MEETING OF SEPTEMBER 15, 2015
SUBJECT:
RESOLUTION 65-15
BACKGROUND
Currently, the City cannot repeal or modify its civil service system through a home rule
ordinance. The City’s civil service system was created by a Special Act of the Florida
Legislature in 1949. Section 166.021 of the Municipal Home Rule Powers Act provides that
“nothing in this act shall be construed to permit any changes in a special law or municipal
charter which affect…any rights of municipal employees, without approval by referendum of
the electors as provided in Section 166.031\[Florida Statues\].” Therefore, the City must request
a repeal of the Special Act from the Florida Legislature and seek the approval of the electors
by referendum in order to have the ability to amend its civil service rules.
\[1\]
The present Civil Service Act contains several provisions that are outdated and do not reflect
the City’s current needs with regard to a civil service system. The provisions of Chapter 25784
have already been substantially incorporated into the City’s Code of Ordinances. Repealing
this Special Act and providing the City Commission with the power to amend the civil service
rules by ordinance is a two-step process. First, the City must introduce a local bill requesting a
repeal of Chapter 25784 to the Florida Legislature. Second, the City must obtain approval of a
majority vote of those qualified electors of the City of Delray Beach in a referendum to be held
in conjunction with a general election. The repeal of the Special Act will take effect only upon
its approval by a majority vote of those qualified electors in the referendum.
\[1\] By way of background, this previously occurred at a 1978 referendum of the City’s voters
where the City prepared a referendum question authorizing a series of amendments to the
Special Act that created the City’s civil service system.
DISCUSSION
To provide the City Commission with the authority to amend its civil service system, the City
will need to undertake a two-step process. This process includes submitting a local bill
repealing Chapter 25784 to the Florida Legislature and submitting the issue to the qualified
electors of the City of Delray Beach in a referendum to be held in conjunction with a general
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election.
Although the Municipal Home Rule Powers Act, Chapter 166, Florida Statutes, which was
passed in 1973, grants broad home rule powers to municipalities, the Act limited this grant of
power in several ways. For purposes of amending the City’s civil service system, the relevant
limitation is that “nothing in this act shall be construed to permit any changes in a special law
or municipal charter which affect any rights of municipal employees, without approval by
referendum of the electors as provided in Section 166.031\[Florida Statues\].”
In an opinion with similar facts to Delray Beach, the Attorney General concluded that Section
166.021(4), Florida Statues requires “any changes in a special law or municipal charter which
affect, inter alia, ‘matters prescribed by the charter relating to appointive boards’ or ‘any rights
of municipal employees,’” to be made through “referendum of the municipal electorate as
provided in s. 166.031.” Fla. Atty Gen. Op. 75-136 (internal citations omitted). The Attorney
General Opinion Letter was written in response to an inquiry from the City Attorney of
Hallandale regarding the effect of the Municipal Home Rule Powers Act on a special law
establishing a civil service board in the City of Hallandale. Applying Section 166.021, Florida
Statutes, the Attorney General opined that “without approval of the municipal electorate, the
governing body of the City of Hallendale may make no change in Ch. 30793, which affects
matters prescribed by that law relating to the appointive civil service board established
thereby.” Furthermore, the Attorney General found an additional basis for reaching the same
conclusion based on the fact that, similarly, “without the approval of the municipal electorate,
the governing body may make no changes in \[the Special Act establishing the Civil Service
Board\] which affects the ‘rights’ of city employees.”
Next, the issue is whether both a local bill and a referendum are necessary to repeal Chapter
25784. While the Municipal Home Rule Powers Act did not affect the state legislature’s
authority to amend existing special acts or enact special legislation, Section 1.03 of the City’s
Charter states in relevant part that “Special Acts of the Florida Legislature pertaining to the
jurisdiction and exercise of powers by this City shall be considered amendments to this
Charter and shall be incorporated as official amendments to the Charter.” This Section
effectively makes a repeal of Chapter 25784 an amendment to the City’s Charter; therefore,
the requirements outlined in Section 166.031, Florida Statutes regarding charter amendments
must be followed.
\[2\]
The process of submitting a local bill is as follows. First, the City will need to submit its local
bill along with its letter of intention, summary fact sheet, economic impact statement, and
resolution providing support for the local bill to the Palm Beach County Legislative Delegation.
The City Attorney’s Office has been in communication with the Palm Beach County Legislative
Delegation to facilitate the process. Next, the City will need to present the local bill request
before the Palm Beach County Legislative Delegation at its October 15, 2015 public hearing.
Finally, the Palm Beach County Legislative Delegation will track the City’s local bill in the
Florida Legislature from introduction to final passage and notify the City of the result. This will
occur between January 12, 2016 and March 11, 2016.
In its initial submission to the Palm Beach County Legislative Delegation, the City is required
to prepare a letter of intent certifying that the bill’s purpose cannot be accomplished at the
local level, why it is necessary to file this bill, and what it intends the bill to accomplish. The
City Attorney’s Office will prepare this letter. The initial submission must also include an
economic impact statement. Current legislative policy requires that an economic impact
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statement for local bills be prepared at the local level and submitted when the bill is filed with
the Legislature. The House Local Government Affairs Subcommittee has developed a form
that will be signed by appropriate staff members.
If passed by the Florida Legislature, the Act will not take effect until it is approved by a majority
vote of those qualified electors of the City in a referendum to be held in conjunction with a
general election. In order to place the issue on the ballot for the next general election,
pursuant to Section 166.031, Florida Statutes, the City Commission must enact an ordinance
describing the repeal of Chapter 25784.
If the referendum passes, the City will have repealed the Special Act creating its civil service
system. Because the provisions of Chapter 25784 have already been substantially
incorporated into the City’s Code of Ordinances, the City Commission will have the ability to
amend the civil service system by ordinance.
\[2\] Pursuant to Chapter 166.031, Florida Statutes, the governing body of a municipality may,
by ordinance, submit to the electors a proposed amendment to its charter. The governing body
of the municipality shall place the proposed amendment contained in the ordinance to a vote
of the electors at the next general election held within the municipality or at a special election
called for such purpose.
RECOMMENDATION
Commission approval.
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CODING: Words stricken are deletions; words underlined are additions.
A bill to be entitled 1
An act relating to the City of Delray Beach; repealing chapter 2
25784 (1949), Laws of Florida, relating to a civil service system 3
for the employees of the City of Delray Beach; providing an 4
effective date. 5
6
Be It Enacted by the Legislature of the State of Florida: 7
8
Section 1. Chapter 25784, Laws of Florida, is repealed. 9
Section 2. This Act shall take effect only upon its approval by a majority vote of 10
those qualified electors of the City of Delray Beach voting in a referendum to be held in 11
conjunction with a general election, except that this section shall take effect upon becoming law. 12