02-042 ORDINANCE NO. 02-
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-A, ENTITLED
"MERIT SYSTEM FOR PERSONNEL" AND IN
PARTICULAR DELETING SECTION 72.3 ENTITLED
"PERSONNEL DIRECTOR.", TO REMOVE THE CHARTER
PROVISIONS RELATING TO ESTABLISHING THE
POSITION OF PERSONNEL DIRECTOR; 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 of
Boynton Beach, Florida, in an ordinance format; and
WHEREAS, the Commission has recommended modifications to Article IV-A.
entitled "Merit System for Personnel", Section 72.3 entitled "Personnel Director." of the
City Charter;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
YHE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
~ Article IV-A., entitled "Merit System for Personnel", Section 72.3
entitled "Personnel Director." of the Charter of the City of Boynton Beach is hereby
deleted in its entirety.
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Section 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
REMOVE ESTABLISHMENT OF THE POSITION OF
PERSONNEL DIRECTOR BY CITY CHARTER.
Explanatory Statement
The Charter currently provides that the personnel director is a position
appointed by the Commission. The duties of the personnel director which
are set forth in the Charter are now primarily handled by the Human
Resource Director, a position subject to appointment by the City Manager.
A "yes" vote on this proposed amendment would remove obsolete
language from the Charter and confirm the authority of the City Manager
to appoint a Human Resource Director to oversee the duties formerly
assigned to the personnel director.
YES [] NO []
Section 4. Advertisement. 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 .~. ~ 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.
~ Severahility.. 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.
Section 7, Conflieta. 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.
Section 8. Effective Date of Ordinance. This Ordinance shall take effect
immediately upon its adoption.
Section O. Effective Date of Propo.qed Charter Amendrnellt~. The Proposed
Charter Amendments will take effect upon the affirmative vote of a majority of those
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July 19, 2002
electors voting in the November 2002 election in the City of Boynton Beach.
PASSED AND ADOPTED BY TItE CITY COMMISSION OF TItE..CITY OF
I~YNTO~_BEACH, FLORIDA, ON THE FIRST READING, THIS ~ '4:~DAY OF
2002.
SECOND, FINAL READING AND PASSAGE this ~.o DAY OF
/~r cttaaffr' ,2002.
CITY O~~dEA~
~_~.' ~_.Gon~' ssioner ~ ....
ommissioner
ne? ~'
ATTEST:
~_[~R__~__ ~1 ~g~l ~.BBXO~XChan~ AmenamenU 72.3 -P~sonnel Director.d~
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