O97-52ORDINANCE NO. ~97-,~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING TO
REFERENDUM AN AMENDMENT OF THE CITY CHARTER
ABOLISHING THE CIVIL SERVICE SYSTEM FOR ALL
NEW PERSONNEL HIRED AFTER MARCH 30, 1998;
PROVIDING FOR FORM OF QUESTION TO BE
PRESENTED AT THE REFERENDUM ELECTION;
PROVIDING FOR TITLE LANGUAGE ~ EXPLANATORY
LANGUAGE FOR THE BALLOT; PROVIDING FOR NOTICE
OF ADVERTISEMENT OF SAID REFERENDUM ELECTION
TO BE PUBLISHED IN ACCORDANCE WITH THE CODE
OF ORDINANCES, THE CHARTER OF THE CITY OF
BOYNTON BEACH, AND THE STATE OF FLORIDA
ELECTION CODE; PROVIDING FOR SUBMISSION OF
AMENDMENTS TO THE DEPARTMENT OF STATE;
PROVIDING FOR CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach,
Florida has determined that it is in the best interest of the
citizens of the City to submit to the electorate a referendum
question which, if passed, would have the effect of abolishing the
civil service/merit system for new personnel of the City, hired
after the effective date of this ordinance and current employees
who elect to to covered by a new Personnel Policy Manual, and
WHEREAS, the City Commission has determined that it is in the
best interest of the City to allow current employees the choice to
either remain a civil servant under the existing system or
electing to be covered by a new Personnel Policy Manual.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
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Words in underscored type are additions.
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CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1.The foregoing whereas clause is true and correct
and is now ratified and confirmed by the City Commission.
Section 2.Section 72 of the City Charter is amended to add
the following provision:
Article IV-A, Merit System for Personnel, Sections 72.1
through 72.13, inclusive, of the City Charter of the City of
Boynton Beach shall not be applicable to:
A. Any employee hired after March 30. 1998.
B. Any employees hired before March 30, 1998, if
that employee files a written election, on or before June 1, 1998,
not to be covered.
Section 3.The amendment of the City Charter of the City of
Boynton Beach shall not take effect unless and until the proposed
amendment is submitted to the vote of the electors of the City of
Boynton Beach at the general election held in March, 1998 by
separate ballot question.
Section 4.The title of the ballot and explanatory statement
setting forth the substance of the proposed Charter Amendment
shall appear on the ballot and shall read as follows:
AN AMENDMENT TO CITY CHARTER ARTICLE IV-A,
MERIT SYSTEM FOR PERSONNEL
THIS AMENDMENT OF THE CITY CHARTER WOULD
ABOLISH THE CIVIL SERVICE/MERIT SYSTEM FOR
CITY PERSONNEL HIRED AFTER MARCH 30, 1998.
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EMPLOYEES HIRED AFTER THAT DATE WOULD BE
SUBJECT TO APPOINTMENT, PROMOTION,
DISCIPLINE, RETENTION, AND DISCHARGE UNDER
RULES ESTABLISHED BY THE CITY COMMISSION.
CURRENT EMPLOYEES WILL HAVE THE OPTION TO
REMAIN CIVIL SERVANTS.
SHOULD THE CHARTER BE AMENDED AS PROPOSED?
YES NO
Section 5.The City Clerk of the City of Boynton Beach,
Florida zs hereby authorized and directed to advertise the
referendum election contemplated herein in accordance with the
Code of Ordinances of the City of Boynton Beach, the City Charter
of the City of Boynton Beach, and the State of Florida Election
Code.
Section 6.All Ordinances. or parts of Ordinances, Resolutions
or parts of Resolutions in conflict herewith shall and the same
are hereby repealed to the extent of such conflict only upon
passage of the referendum.
Section 7.If any clause, section or other part of this
Ordinance shall be held by any court of competent jurisdiction to
be unconstitutional or invalid, such unconstitutional or invalid
part shall be considered as eliminated and not effecting the
validity of the remamning portions o.f the Ordinance and its
application shall remain in full force and effect.
Section 8.This Ordinance shall take effect only upon the
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passage of the referendum question at the
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FIRST READING this ~ day of ~Wz,~F
SECOND, FINAL READING and PASSAGE this
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day of
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Vic/Mayor
~ommi ssioner
Commissioner ~
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