ORDINANCE NO. 08-05

 

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA RELATING TO TOWN EMPLOYEES; MAKING FINDINGS; AMENDING SECTION 2-250, TOWN CODE; ADOPTING THE FIFTH AMENDMENT TO PERSONNEL/CIVIL SERVICE MANUAL, DATED MARCH, 2008; PROVIDING A SEVERABILITY AND INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.

 

            WHEREAS, the hiring, firing, and discipline of Town employees is guided by existing civil service rules, personnel rules, Florida and Federal constitutional law, and a collective bargaining agreement; and

 

            WHEREAS, the Town Manager has prepared amendments to the Personnel/Civil Service Manual, dated March, 2008; and

 

            WHEREAS, the Town Manager recommends adoption of the proposed amendments; and

 

            WHEREAS, these proposed amendments have been approved by the Civil Service Board; and

 

            WHEREAS, the Town Council finds that the revised Personnel/Civil Service Manual complies with Section 2-203 of the Town Code as a part of the Town’s personnel management system; and

 

            WHEREAS, the Town Council finds that this Ordinance will promote the public safety, welfare, and economic order of the community by providing for a uniform system of employee personnel requirements in an effort to treat all similarly situated employees equally, fairly, and in a non-discriminatory manner.

 

            NOW, THEREFORE, BE IT ENACTED by the Town Council of the Town of Indialantic, Brevard County, Florida:           

 

            SECTION 1.   That Section 2-250 of the Code of Ordinances of Indialantic, Florida, is hereby amended to read as follows:

 

Sec. 2-250.  Civil service implemented.

 

            Pursuant to Section 4.05 of the Town Charter, a civil service system is hereby created and implemented for Town employees as set forth in the Personnel/Civil Service Manual, dated March, 1997, as amended by the document  entitled First Amendment to Personnel/Civil Service Manual, dated February, 2001 and as  adopted by Ordinance No. 01-05, and as amended by the document entitled Second Amendment to Personnel/Civil Service Manual, dated April, 2001 and as adopted by Ordinance  01-08, and as amended by the document entitled Third Amendment to Personnel/Civil Service Manual, dated August, 2002 and as adopted by Ordinance 02-21 and as amended by the document entitled Fourth Amendment to Personnel/Civil Service Manual, dated September, 2003 and as adopted by Ordinance 03-13, and as amended by the document entitled Fifth Amendment to Personnel/Civil Service Manual, dated March, 2008 and as adopted by Ordinance 08-05.

 

SECTION 2.   Attached hereto is the Fifth Amendment to Personnel/Civil Service Manual dated March, 2008.

 

SECTION 3.  Severability/Interpretation Clause.

 

(a)        In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.

 

 (b)       In interpreting the provisions of this Ordinance, the following rules and symbols shall apply:

(1)        Words underlined are additions to existing text.

(2)        Words stricken through and deletions from existing text.

(3)        Asterisks (* * *) indicate a deletion from the Ordinance of text existing in the Code of Ordinances.  It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.

 

        SECTION 4.  Ordinances and Resolutions in Conflict.  All ordinances or resolutions or parts thereof that may be determined to be in conflict herewith are hereby repealed.

 

SECTION 5.  Effective Date.  This Ordinance shall become effective upon adoption of this Ordinance by the Town Council.

 

PASSED by the Town Council of the Town of Indialantic on first reading on the ____ day of February, 2008, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of March, 2008.

 

TOWN OF INDIALANTIC

 

 

 

__________________________

Robert L. Cochran, Jr.

Mayor

ATTEST:      __________________________

Laura Eaton, CMC                                              (TOWN SEAL)

Town Clerk