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O97-53ORDINANCE NO. 097-53 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CITY CHARTER BY DELETING SECTIONS 72.4, 72.5, 72.6, 72.7 72.8, AND 72.12 OF THE CITY CHARTER IN THEIR ENTIRETY THEREBY SUNSETTING THE CIVIL SERVICE BOARD; DIRECTING THE CITY COMMISSION TO PROVIDE AN ADMINISTRATIVE PROCEDURE BY ORDINANCE FOR THE PROCESSING OF GRIEVANCES; PROVIDING FOK FORM OF QUESTION TO BE PRESENTED AT THE REFERENDUM ELECTION; PROVIDING FOR TITLE LANGUAGE AND 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 sunsetting/eliminating the Civil Service Board; and WHEREAS, elimination of the Civil Service Board would require a substitute body or procedure to process employee grievances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing whereas clauses are true and CODING: Words in ~ .... ~r ~ ..... m ............. ~ type are deletion from existing law; Words in underscored type are additions. 1/6/97 rev. cakord\charter - civ se~bd Page 1 of 4 correct and are now ratified and confirmed by the City Commission. Section 2. That Sections 72.4, 72.5, 72.6, 72.7, 72.8, and 72.12 of the City Charter of the City of Boynton Beach are hereby deleted in their entirety. Section 3. That the City Commission is hereby directed to provide, by ordinance, an administrative procedure to process grievances. Section 4. That the deletion of Sections 72.4, 72.5, 72.6, 72.7, 72.8, and 72.12 of the City Charter of the City of Boynton Beach, and the direction to the City Commission to pass an ordinance .providing for an administrative procedure to process grievances 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 special election held in March, 1998 by separate ballot question. Section 5. 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: CHARTER AMENDMENT TO ELIMINATE CIVIL SERVICE BOARD THIS AMENDMENT OF THE CITY CHARTER WOULD ELIMINATE THE CIVIL SERVICE BOARD, AND REQUIRE THE CITY COMMISSION TO PROVIDE FOR AN ALTERNATIVE ADMINISTRATIVE PROCEDURE TO PROCESS GRIEVANCES. SHOULD THE CHARTER BE AMENDED AS PROPOSED? YES NO CODING: Words in struck ~ ..... ~ ...... ~ type are deletion from existing law; Words in underscored type are additions. 1/6/97 rev. ca~ord'\chartez - civ serv bd Page 2 of 4 Section 6. The City Clerk of the City of Boynton Beach, Florida is 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 7. 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 8 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 remaining portions of the Ordinance and its application shall remain in full force and effect. Section 9. This Ordinance shall become effective only upon passage of the referendum question at the March /O, 1998, ~/~,~ election. FIRST READING this ~ day of CODING: Words in struck ~ ..... ~ ...... ~.. type are deletion from existing law; Words in underscore4 type are additions. 1/6/97 rev. ca\ord\charter - civ serv bd Page 3 of 4 II SECOND, FINAL READING , 1998. 'ATTEST: ~I~ CLERK ~ % J 920... '//////;~111%%%%% and PASSAGE this ~ day of CITY OF BOYNTON BEACH, FLORIDA dmmi s~one~ / 2 Commissioner CODING: Words in -~ .... ~ ~ ..... m type are deletion from existing law; Words in .underscored type are additions. 1/6/97 rev. ca\ord\charter - civ se~bd Page 4 of 4