HomeMy WebLinkAboutOrdinance No. 34-1994•
ORDINANCE NO. 34 -94
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, REVISING ARTICLE XXIV, SEC. 8, NEPOTISM,
OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING A
STATEMENT OF POLICY; REPEALING PRESENT SEC. 8, NEPOTISM,
OF ARTICLE XXIV OF THE CITY CHARTER AND ADOPTING IN LIEU
THEREOF THE NEPOTISM PROVISIONS OF SECTION 112.3135,
F.S.; PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE
CITY OF CAPE CANAVERAL THE PROPOSED AMENDMENT TO ARTICLE
XXIV, SEC. 8, OF THE CITY OF CAPE CANAVERAL CHARTER;
PROVIDING FOR A SUBMISSION CLAUSE TO APPEAR ON THE BALLOT
OF THE REFERENDUM ELECTION AT WHICH THE PROPOSED
AMENDMENT TO THE CITY CHARTER SHALL BE VOTED UPON;
PROVIDING FOR NOTICE OF THE PROPOSED AMENDMENT; PROVIDING
FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR
AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City
of Cape Canaveral, Florida as follows:
SECTION 1. Statement of Policy.
(a) The City Council finds that the present Sec. 8, Nepotism,
of Article XXIV of the City Charter is confusing and
potentially overboard.
(b) The City Council has determined that the confusion and
the potential overbreadth of the present Sec. 8,
Nepotism, of Article XXIV of the City Charter has
severely limited the City in obtaining the most qualified
individuals to serve on appointed boards, commissions and
special districts within the City.
(c) The City Council has determined that immediate family
members may serve on City boards, commissions and special
districts effectively and the provision in the present
Sec. 8, Nepotism, of Article XXIV of the City Charter
which prevents immediate family members from serving on
City Boards, commissions and special districts is not
necessary to prevent or control nepotism.
(d) The City Council finds that Section 112.3135, F.S., is
sufficient to protect the City against any adverse effect
resulting from the appointment by the City Council of the
relatives of Councilmembers to appointed boards.
(e) The City Council finds that the City's present policy
which prohibits a member of the immediate family of the
Mayor or of a Councilmember from holding a salaried
position with the City is necessary for the health,
safety and welfare of the City and its inhabitants.
SECTION 2. Article XXIV, Sec. 8, Nepotism, of the City of
Cape Canaveral Charter is hereby repealed and re- enacted to read as
•
City of Cape Canaveral, Florida
Ordinance No. 34 -94
Page 2
follows:
ARTICLE XXIV
SEC. 8, NEPOTISM
(a) No member of the immediate family of the Mayor or a
member of the City Council shall be eligible to hold a
salaried position with the City of Cape Canaveral. Immediate
family shall be deemed to include spouse, parent, child,
grandparent, grandchild, and sibling of the whole or half
blood.
(b) Except as stated in this section, Section 112.3135,
Florida Statutes, as amended from time to time, or any
successor statute, shall govern the appointment, employment,
promotion and advancement of individuals in employment or to
any position over which the City Council or members of the
City staff exercise jurisdiction or control.
SECTION 3. Effective Date. This Ordinance shall not become
effective unless a majority of the qualified electors of the City
of Cape Canaveral vote in favor of the proposed amendment to the
City Charter as described in Section 2 of this Ordinance at the
next regular election of the City to be held in November 1994. In
the event a majority of the qualified electors of the City of Cape
Canaveral vote in favor of the proposed amendment contained in
Section 2 of this Ordinance, the amendment to Article XXIV, Sec. 8
of the City of Cape Canaveral Charter shall be effective on
December 1, 1994.
SECTION 4. The voting machines and paper ballots for the
November 1994 election at which proposed amendment to Article XXIV,
Sec. 8 of the City of Cape Canaveral Charter shall carry the
following designation, which shall be the title and explanatory
statement of the proposed amendment:
Yes No
Amendment No.
THE NEPOTISM CHARTER AMENDMENT OF 1994
r
City of Cape Canaveral, Florida
Ordinance No. 34 -94
Page 3
OF THE CITY OF CAPE CANAVERAL
"Amending the City of Cape Canaveral Charter, Article XXIV,
Sec. 8, Nepotism, by adopting Sec. 112.3135, Florida Statutes,
to regulate the appointment, employment, promotion and
advancement of relatives in employment or to positions over
which the City Council or City staff exercise jurisdiction or
control and by repealing restrictions on appointment of
immediate family members of the Mayor, Councilmembers, and
members of boards, commissions and special districts, to
boards, commissions and special districts."
Each elector of the City of Cape Canaveral voting at said
election and desirous of voting for or against said amendment shall
indicate his or her choice by depressing the appropriate counter of
the voting machine which indicates the word "Yes" or the word "No"
or by marking on paper ballots, where used.
SECTION 5. Notice. The proper officials of the City of
Cape Canaveral shall give notice of the proposed amendment to be
presented at the November 1994 City election, which notice shall be
published in the manner and for the length of time required by law.
SECTION 6. Severability. If any provision, paragraph,
word, section or article of this Ordinance is invalidated by any
court of competent jurisdiction, the remaining provisions,
paragraphs, words, sections, and articles shall not be affected
thereby and shall continue in full force and effect.
SECTION 7. Conflicting Ordinances and Resolutions. All
Ordinances and parts of Ordinances inconsistent or conflicting with
any part of this Ordinance are hereby repealed to the extent of
such inconsistency or conflict.
SECTION 8. Submission to Voters. This Ordinance, as an
act of the City Council submitting the proposed amendment to
Article XXIV, Sec. 8 of the City of Cape Canaveral Charter to the
City of Cape Canaveral, Florida
Ordinance No. 34 -94
Page 4
qualified electors of the City, shall take effect immediately upon
its adoption for the purpose of submitting the amendment to the
electors of the City, but shall become effective as part of the
City Charter only upon the vote of the qualified electors of the
City of Cape Canaveral at the November 1994 City election.
ADOPTED BY the City of Cape Canaveral, Brevard County,
Florida, this 20th day of
ATTEST:
c N Ab t '
�H
Faith_, G. Miller.; CI'1 CLERK
L74,-] ; )
APPROVED AT O ° FO
September
Johl3 R. & a r,104is•.CITY ATTORNEY
1994.
Salamone, MAYOR
(M1,`ii1Ml11111 U i 11120111
�i_1it13i_ ielei`1� ►I
RANDELS
SALAMONE
X
X
F =9/6/94
Reed: 9/7/44
Adveffiseill 9/9 /94
r 9/20/04