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Ord 39-12ORDINANCE NO. 39 -12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 4.02, "APPOINTMENT; REMOVAL; COMPENSATION ", BY AMENDING SUBSECTION (D), "COMPENSATION "; TO PROVIDE FOR THE REMOVAL OF THE CHARTER PROHIBITION ON REDUCING THE CITY MANAGER'S SALARY; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013, PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission established a Charter Review Committee which sought input from the Community as to potential Charter revisions; and WHEREAS, the City Commission, after a review of the proposal, has decided to put the Question set forth in this Ordinance to a vote of the electorate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Section 4.02, "Appointment; Removal; Compensation ", by amending Subsection (D), "Compensation ". Section 4.02. - APPOINTMENT; REMOVAL; COMPENSATION. (D) Compensation. The compensation of the Manager shall be fixed by the Commission ftftd Section 2. The Charter amendment proposed by this ordinance shall be submitted to the electors of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon the favorable vote of a majority of the City electors voting at that time upon the following question: QUESTION NO. CHARTER AMENDMENT- CITY MANAGER COMPENSATION CURRENTLY THE CHARTER PROVIDES THAT THE CITY MANAGER'S SALARY MAY NOT BE REDUCED. THE CHARTER AMENDMENT PROPOSES TO REMOVE THE LANGUAGE FROM THE CHARTER THAT THE CITY MANAGER'S SALARY MAY NOT BE RE, DUCED. SHALL THE CHARTER AMENDMENT BE ADOPTED? YES (FOR APPROVAL) NO (AGAINST APPROVAL) Section 3. That upon the approval of this ordinance by the electors as set forth above, all ordinances or parts or ordinances or Charter provisions or parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this Ordinance. Section 4. That any clause, section or other part of this ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 5. That this ordinance shall become effective upon its passage on second and final reading and in accordance with Section 2 above. \& S D AND ADOPTED in regular session on second and final readin on this the day of 2012. �2say MAYtp ATTEST: City Clerk First Reading Second Reading 2 ORD NO. 39 -12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 8, 2012 Page 1 of 1 SUBJECT: AGENDA ITEM 11.1. -REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 ORDINANCE NO. 39-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 4.02, "Appointment; Removal; Compensation ", by amending Subsection (D), "Compensation"; to provide for the removal of the Charter prohibition on reducing the City Manager's Salary; providing for a referendum on March 12, 2013. BACKGROUND At the first reading on October 2, 2012, the Commission passed Ordinance No. 39 -12. RECOMMENDATION Recommend Commission discretion. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 6092 &MeetingID =3 92 10/18/2012 ORDINANCE NO. 39 -12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 4.02, "APPOINTMENT; REMOVAL; COMPENSATION ", BY AMENDING SUBSECTION (D), "COMPENSATION "; TO PROVIDE FOR THE REMOVAL OF THE CHARTER PROHIBITION ON REDUCING THE CITY MANAGER'S SALARY; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013, PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission established a Charter Review Committee which sought input from the Community as to potential Charter revisions; and WHEREAS, the City Commission, after a review of the proposal, has decided to put the Question set forth in this Ordinance to a vote of the electorate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Section 4.02, "Appointment; Removal; Compensation ", by amending Subsection (D), "Compensation ". Section 4.02. - APPOINTMENT; REMOVAL; COMPENSATION. (D) Compensation. The compensation of the Manager shall be fixed by the Commission Section 2. The Charter amendment proposed by this ordinance shall be submitted to the electors of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon the favorable vote of a majority of the City electors voting at that time upon the following question: QUESTION NO. CHARTER AMENDMENT- CITY MANAGER COMPENSATION CURRENTLY THE CHARTER PROVIDES THAT THE CITY MANAGER'S SALARY MAY NOT BE REDUCED. THE CHARTER AMENDMENT PROPOSES TO REMOVE THE LANGUAGE FROM THE CHARTER THAT THE CITY MANAGER'S SALARY MAY NOT BE REDUCED. SHALL THE CHARTER AMENDMENT BE ADOPTED? YES (FOR APPROVAL) NO (AGAINST APPROVAL) Section 3. That upon the approval of this ordinance by the electors as set forth above, all ordinances or parts or ordinances or Charter provisions or parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this Ordinance. Section 4. That any clause, section or other part of this ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 5. That this ordinance shall become effective upon its passage on second and final reading and in accordance with Section 2 above. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2012. ATTEST: City Clerk First Reading Second Reading MAYOR 2 ORD NO. 39 -12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 25, 2012 Page l of 1 SUBJECT: AGENDA ITEM 12.F. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012 ORDINANCE NO. 39-12 ITEM BEFORE COMMISSION Adoption of Ordinance 39 -12 regarding a proposed change to the Charter to remove the language from the Charter that prevents the City Manager's salary from being reduced. BACKGROUND Currently the Charter provides that the City Manager's salary may not be reduced during his/her employment. This proposed Ordinance would remove that prohibition from the Charter. This Charter amendment would be placed on the ballot for the March 2013 election and would be effective upon passage at referendum. RECOMMENDATION Commission discretion. http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ltemlD= 6044 &MeetingID =390 10/8/2012 E� " F��f�. �E�.,[ �1; 8(= �iCFfP��� `:.#.f4���`#,��'S'IffeR�� ,F f=f�ft�t .... .;::�;::,..�::::.::,�.�::::�:..