02-038 ORDINANCE NO. 02- ~ 3 ~/
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
SUBMITTING TO REFERENDUM AN AMENDMENT TO THE
CHARTER OF THE CITY OF BOYNTON BEACH AT ARTICLE IV,
ENTITLED "ADMINISTRATION" AND IN PARTICULAR
AMENDING SECTION 49 ENTITLED "GENERAL PROVISIONS.",
TO CLARIFY THE AUTHORITY OF THE CITY MANAGER TO HIRE
OR REMOVE CITY EMPLOYEES WITHOUT COMMISSION
CONFIRMATION; PROVIDING FOR A NOTICE OF AN
ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE
PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA
ELECTION CODES; PROVIDING THAT THIS ORDINANCE, WHEN
ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED
ELECTORS OF THE CITY OF BOYNTON BEACH, AT THE
NOVEMBER 2002 ELECTION AND IT SHOULD BECOME
EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR
CONFLICTS; SEVERABILITY; INCLUSION IN THE CHARTER;
AND AN EFFECTIVE DATE.
WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of
Charter amendments in Florida; and
WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an
amendment may be submitted to a referendum vote by the City Commission of the City o£
Boynton Beach, Florida, in an ordinance £ormat; and
WHEREAS, the Commission has recommended modifications to Article IV, entitled
"Administration" Section 49 entitled "General provisions." o£the City Charter;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
~ection 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being tree and correct and are hereby made a specific part of this Ordinance upon adoption
hereof.
~ Article IV, entitled "Administration" Subsection (a) of Section 49
entitled "General provisions." of the Charter of the City of Boynton beach is hereby amended to
read as follows:
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August 12, 2002
ARTICLE IV. ADMINISTRATION
Sec. 49. General provisions.
(a) Administrative officers, departments and agencies. The government of the
City shall be carried on by the Mayor and City Commission. They shall appoint a City
Manager: who ~qhall serve a~q the City'~q chief executive c}fficer and City Attorney, who both
shall serve at the pleasure of the City Commission. There shall also be such other-officers,
departments and agencies as may be established from time to time by ordinance ko Dc,.tCoi-iii
3UL. II UttttC;~ LLIILI i:~COiVC ;~LII..IICOiii].-/ei-lS~ltllOi'l as may be prescribed IU5OltttlUllordinance
......... ' ..... employees of the City shall be hired.
adopted by the City Commission. All u,,~, ,,~,,c~,~ ·
appointe~ by the City Manager, wilh only lhe appointment or discharge of
~Assis;anl City Managers subject to confirmation by the City Commission.
~qection 3. The ballot title and the explanatory statement of the amendment,
followed by the word "yes" and "no" shall be set forth as follows on the ballot at the general
election in November 2002 for consideration by the qualified electors of the City of Boynton
Beach, Florida:
Title
CLARIFICATION OF THE CITY MANAGER'S AUTHORITY TO
APPOINT OR HIRE CITY EMPLOYEES.
Explanatory Statement
A vote of "yes" would approve an amendment to the City Charter which
clarifies that the City Manager, as chief executive officer of the City has the
authority to hire, appoint, and discharge all City employees, without the need
for Commission confirmation. The only exception would be the appointment
or discharge of Assistant City Managers, which appointment or discharge shall
require Commission confirmation.
YES [] NO []
~qection 4. Advertiaement. The City Clerk of the City of Boynton Beach is hereby
authorized and directed to advertise the referendum election contemplated herein all in
accordance with the State of Florida Election Code.
,Section 5. Codification. It is the intention of the City Commission of the City of
Boynton Beach that the provisions of this Ordinance shall become and be made a part of the
Charter of the City of Boynton Beach, Florida Charter if adopted by the City elections.
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August 12, 2002
~qeetian 6. ~ 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 in no way effecting the
validity of the other provisions of this Ordinance.
.qection 7. Confliet.q. All Ordinances or parts of Ordinances, Resolutions, or
parts of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of
such conflict.
~Seetion 8. Effective Date of Ordinance. This Ordinance shall take effect
immediately upon its adoption.
Section 11. Effective Date of Pronosed Charter Amendments. The Proposed
Charter Amendments will take effect upon the affirmative vote of a majority of those electors
voting in the November 2002 election in the City of Boynton Beach.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS ~ ~f~ DAY OF
,
SECOND, FINAL READING AND PASSAGE this ~ DAY OF i~ftlglct.~iT ,
2002.
CITY O~BOYNjT~'N B/~ACH, FLqRIDA
Vice Mayor
(~.gotr~issioner
issioner
Commissioner
ATTEST:
C i t i~...°..~ ..~ ~'.~4;&
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August 12,