Ord 32-15AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM
OF THE QUESTION OF WHETHER THE MAJORITY OF THE
QUALIFIED VOTERS OF THE CITY VOTING IN THE
PRESIDENTIAL PREFERENCE PRIMARY ELECTION GIVE THEIR
CONSENT FOR THE REPEAL OF CHAPTER 25784, LAWS OF
FLORIDA, WHICH CREATED THE CIVIL SERVICE CODE FOR
CITY OF DELRAY BEACH EMPLOYEES; PROVIDING FOR A
REFERENDUM ON THE ISSUE TO BE HELD ON MARCH 15, 2016
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 15, 2015, the City Commission of the City of Delray Beach passed
Resolution number 65-15, which expressed its support for 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, if passed by the Florida Legislature, the local bill repealing Chapter 25784 will not take
effect until it is approved by a majority vote of those qualified electors of the City of Deltay Beach in a
referendum; and
WHEREAS, Section 166.021(4), Florida Statutes, requires a referendum of the electors in order to
change any rights of municipal employees contained in the Charter or Special Law; and
WHEREAS, the referendum must be held in accordance with the standards of Section 166.031, Florida
Statutes, which states that the governing body of a municipality shall place the proposed amendment contained
in an ordinance to a vote of the electors at the next general election held within the municipality or at a special
electron called for such purpose; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That the City Commission of the City of Delray Beach, Florida, hereby incorporates the
recitals set fotth above and hereby incorporates them herein in their entirety.
Section 2. That the City Commission of the City of Delray Beach seeks the consent and
permission of the majority of the qualified electors of the City of Delray Beach voting in a general election to
repeal Chapter 25784, Laws of Florida.
Section 3. That a referendum will be held in conjunction with the March 15, 2016 Presidential
Preference Ptimary election..
of the ballot to be used in the referendum shall be as
QUESTION
REPEAL OF SPECIAL ACT CREATING THE CIVIL SERVICE CODE FOR
CITY OF DELRAY BEACH EMPLOYEES
FLORIDA STATUTE CURRENTLY REQUIRES A REFERENDUM OF THE
ELECTORS IN ORDER TO CHANGE ANY RIGHTS OF MUNICIPAL
EMPLOYEES CONTAINED IN A SPECIAL LAW. THE PROPOSED REPEAL
OF CHAPTER 25784, LAWS OF FLORIDA, SUBJECT TO ENACTMENT BY
THE FLORIDA LEGISLATURE, WOULD ALLOW THE CITY COMMISSION
TO AMEND ITS CIVIL SERVICE CODE BY ORDINANCE RATHER THAN
HOLDING A REFERENDUM AND SUBMITTING A LOCAL BILL TO THE
FLORIDA LEGISLATURE.
SHALL CHAPTER 25784, LAWS OF FLORIDA BE REPEALED?
YES 0
NO F-1
Section 5. If a majority of the qualified voters of the City of Delray Beach actually voting in a
referendum vote for the question and the Florida Legislature has enacted the local bill requesting a repeal. of
Chapter 25784, Laws of Florida, then the referendum will be implemented pursuant to this ordinance. If a
majority of the qualified voters of the City of Delray Beach actually voting 7n a referendum vote for the
question and the Florida Legislature has not yet enacted the local bill requestig a repeal of Chapter 25784,
Laws of Florida, the referendum will not take effect pursuant to this ordinance unless the local bill is enacted
by the Florida Legislature. If a majority of the qualified voters of the City of Delray Beach voting in this
referendum vote against the question or the local bill requesting a repeal of Chapter 25784, Laws of Florida is
not enacted by the Florida Legislature, then this ordinance shall have no force and effect.
Section 6. That this ordinance shall become effective upon its passage on second and final
reading.
2 ORD. NO. 32-15
PASSED AND ADOPTED in :regular session on second and final teading on this the 17th day of
November, 2015.
ATTEST:
CITY CLERK
First Reading: Nove ab ex 3 2015
Second Reading: November 17, 2015
MAYOR
3 ORD. NO. 32-15
nue
City of Delray Beach 100 N.W. h, FL 34
Delray Beach, FL 33444
Legislation Text
File #: 15-167, Version: 1
TO: Mayor and Commissioners
FROM: Noel Pfeffer, City Attorney
DATE: November 3, 2015
ORDINANCE NO. 32-15 (FIRST READING): CALLING FOR A REFERENDUM TO APPROVE THE
REPEAL OF THE SPECIAL ACT THAT CREATED THE CITY'S CIVIL SERVICE CODE
Recommend Action:
Commission discretion.
Background:
At its September 15, 2015 regular meeting, the City Commission passed a resolution providing
support for a local bill that would repeal the Special Act that created the City's civil service code
(Chapter 25784, Laws of Florida). If passed, the local bill repealing Chapter 25784 will not take effect
until it is approved by a majority vote of those qualified electors of the City of Delray Beach in a
referendum. The City anticipates utilizing the services of the Supervisor of Elections to hold a
referendum in conjunction with the Presidential Preference Primary election to be held on March 15,
2016 seeking approval of the repeal of Chapter 25784.
The local bill repealing Chapter 25784 was scheduled to be heard by the Palm Beach County
Legislative Delegation on October 15, 2015; however, the Delegation did not have a quorum and no
action was taken. The hearing for the City's local bill has now been rescheduled for December 8,
2015. The deadline for the referendum question to be submitted to the Palm Beach County
Supervisor of Elections for the March 2016 election is December 11, 2015. The 2016 Florida
Legislative Session begins on January 12, 2016 and ends on March 11, 2016. The City is scheduling
this referendum without knowing for certain the outcome of the legislative action. However, this is
unavoidable unless the referendum is postponed until the November 2016 general election.
nicrti iccinn-
Section 166.021(4), Florida Statutes, requires a referendum of the electors in order to change any
rights of municipal employees contained in the Charter or Special Law. This section further provides
that the referendum must be held in accordance with the standards of Section 166.031, Florida
Statutes, which states that the governing body of a municipality shall place the proposed amendment
contained in an 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.
The attached ordinance provides that the referendum question is subject to enactment by the Florida
Legislature.
City of Delray Beach Page 1 of 1 Printed on 10/28/2015
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Order # - 3733161
CITY OF DELAAY BEACH, FLORIDA
.
NOTICE OF PUBLIC HEARING
SUN-SENTINEL
A PUBLIC HEARING will be held On the fol-
-
lowing proposed ordinRnces on TUESDAY,
- Published Daly
IN 17, 2015 at 7:00 p,fn..or at
Fort Lauderdale, Broward County, Florida
any contiDttoo of such meeting which
is Sec bytheuacommission), In the Cum-
Boca Raton, Palm Beach County, Florida
mission Chambers, 100 N.W. 1st AveoUe.
Delray Eeach. Florida, atwhich Time the
Miami, Miami-Dade County, Florida
City Commission wiA Consider their adop-
tion The proposed ordinance may he
Inspected at the 01 of the City Cal
at City Hall, 100 N.W. 1St Avenue, Delray
STATE OF FLORIDA
Beach, Fbrida, between B:oD a.m. and
5:90 p,m„ Monday through Friday, except
hoiidays, Interested Pardee are invited to
COUNTY OF: BROWARD/PALM BEACH/NIIAMI-DADE
proposed ordinance wi h respect to the
ORDINANCE N0. 22-15
Before the undersigned authority personally appeared
AN ORDINANCE OFTHE CITY CUMMIS
MARK KUZNITZ, who on oath says that he or she is a dui authorized representative of the SUN-
Y Y It
BION OF THE CRY OR DELRAY BEACH,
FLORIDA, AMENDING THE LAND PEVEL-
SEN'l lNhL, a DAILY newspaper published in BROWARDIPALM BEACII/MIAMI-DADE County,
oPMENN REGuwTREE
Florida; that the attached copy of advertisement, being a Legal Notice in:
SECTION 4,5.19, "TREE ORDINANCE".
ORDINANCE'.
SUBSECTION (C)(1), °COMPLIANCE°; SUB-
SECTION (DJ{27, "DESIGNATJON/PROTEC-
TIO N OF EXCEPTIONAL SPFCIMENTREES";
II1
The 3ttCr of 11720-Notice Of Public Meeting
SUBSECTION (DI(3), "SUBSTITUTION OFMATURE, F7(CEPTIONAi SPECIMEN TREES/
SPECIMEN TREES FOR REQUIREDPARK-
City Of Delray Beach
ING'; SUBSECHON (E)(3), "PROCEDURE"
,
SUBSECTION (E)(4J, "ISSUANCE OF PER-
Friday
MIT"; SUBSECTION (Egg)' "IMPOSITION OF
CONMT ONS"; SUBSECTION (E)(8), "PEW
11/612015
Al SUBSECTION117(3), "CLEANUP";
AND SUBSECTION {N), "PROHIBITED SPE"
TUESDAY, NOVEMBER 17, 2015 at 7:00 p.m.
GIES REM0VE0'; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
Was published in said newspaper in the issues of; Nov 06, 2015
` ORDINANCE NO, 29-15
AN ORDINANCE AMENDING THE CODE
OF ORDINANCES OF THE CITY OF DFL-
3733197
RAY BEACH, FLORIDA, BYAMENDING
CHAPTER 33 "POLICEAND FIRE-RESCUE
DEPARTMENTS"ATTITLE 3 "PENSIONS";
Affiant further says that the said SUN-SENTINEL is a newspaper published in said
AMENDING SECTION 33.67, "OTHER PR4
VISIONS", To PROVIDE FORTHE REEM-
BROWARD/PALM BEACHIMIAMT-DAD'S County, Florida, and that the said newspaper has
tYCERTAIN
PLOYMENTOFRETIRFD MEMBERS UNDER
CIRCUMSTANCES; PROVIDING -
heretofore been continuouslypublished in said BROWARD/PALM BEACHMIIAMI-DADE County,
P Y
FORSEVERAMUTY; PROVIDING FORIN.
Florida, each day and has been entered as second class matter at the post office in BROWARD
CLUSION IN THE CODE; AND PROVIDING
AN EFFECTIVE DATE-
County, Florida, for a period of one year next preceding the first publication of the attached copy of
ORDINANCE No, 30.15
advertisement; and affiant further says that he or she has neither paid nor promised, any person, firm
AN ORDINANCE OFTHE GIT' Col
or corporation, an discount, rebate, commission or refund, for the purpose of security this
rP Y p'-�P g
- SION OFTHE CITY OF DELAAY BEACH,
FLORIDA, AMENDING CHAPTER 35, "EM-
advertisement for blication in the said newspaper.
PLOYEE POLICIES AND BENEFITS', GEN-
ERAL EMPLOYEES' RETIREMENT PLAN;
AMENDING SECTION 35.090, "AARnCIPA-
TION", TO PROVIDE FOR THE REEMPLOY-
NIENT OF RETIRED PARTICIPANTS UNDER.
_
CERTAIN CIRCUMSTANCES PROVIDING
FOR SEVERABILITY. PROVIOING FOR IN-
Signature Affiant -
CLUSION IN THE CODE; ANP PROVIDWG
of
AN EFFECTIVE DATE-
S to and subscribed before me this: November 06, 2015.
ORDINANCE NO.31-15
AN ORDINANCE OF THE CITY COMMIS-
K�
SION OFTHE CITY OF DELAAY BEACH,
Sig
FLORIDA, PROVIDING FDRA CHARTER
f-9LL O�'K
AMENDMENT BYAM€NDING ARTICLE
IV, "ADMINISTRATIVF-EXECUTIVE", BY
-�' My COMMISSil FF211904
ADDING ARTICLE IV,'ADMINISTRATIVE-
EXECUTIVE", BY ADDING SECTION 4.10,
.q,
Ekp(RE8 March 19. 2019
'INTERNAL AUDITOR APPOINTMENT,
QUALIFICATIONS, REMOVALANDCOM-
COM-
i1Yl j9F,-A-f1.1 flnnrhsNDnn�Bn-nct:
PENSATfON"AND SECTION 4.111,"DUTIES
14w, con
OF INTERNAL AUDITOR`, TO PROVIDE THE
Name of Notary, Typed, Printed, or Stamped
CITY COMMISSION WITH THE DISCRETION
TO APPOINTAN INTERNAL AUDITOR;
Personally Known (X) or PIoduced Identification
PROVIDING FOR A REFERENDUM ON THE
iS5UETO BE HELD ON MARCH 15, 2015;
PROVIDING A SAVINGS CLAUSE, GENERAL
REPEALER CLAUSE, ANDAN EFFECTIVE
DATE,
ORDINANCE NO. 32-15
AN ORDINANCE OF THE CITY CCMMIS-
SIONOFTHE CITY OF DELRAY BEACH,
FLORIDA, PROVIDING FOR A REFEREN-
DUM OF THE QUESTION OF WHETHER THE
MAJORITY OF THE QUALIFIED VOTERS OF
THE CITY VOTING IN THE PRESIDENTIAL
PREFERENCE PRIMARY ELECTION GIVE
THEIR CONSENT FORTHE REPEAL OF
_
CHAPTER 25764, LAWS OF FLORIDA,
=
WHICH CREATED THE CIVIL SERVICE CODE
FOR CITY OF DELRAY BEACH EMPLOYEES;-._
T
PROVIDING FOR A REFERENDUM ON THE
ISSUE TO BE HELD ON MARCH 15, 2016
AND PROVIDING AN EFFECTIVE DATE,
-Please be advised that Fa person decides
to appeal any decision made by the City
-
Commisslon With respeatc any matter
considered at this hearing, such person
may need to ensure that A Verbatim r e-
cord includes the testimony and evidence
upon which the appeal Is to be based.
The Clty does not provide nor prepare
such reCOFd pursuant to FS- 286.0105.
CITY OF DE-RAY BEACH
Cl D, Nubin, MMC
Cr,/ Clerk