2015-51-E

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Amended & Enacted 2/10/15
1
Introduced
2
Committee:
by
Council
Member
Boyer
and
amended
by
the
Rules
3
4
5
ORDINANCE 2015-51-E
6
AN
ORDINANCE
7
SECTION 6.07 (MAYOR’S STAFF), OF THE CHARTER,
8
TO
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ADMINISTRATIVE OFFICER; AMENDING SECTION 7.101
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(DIRECTORS OF DEPARTMENTS), OF THE CHARTER, TO
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REQUIRE HIRING OF DIRECTORS WITHIN 60 DAYS OF
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VACANCY, TO OUTLINE DUTIES AND AUTHORITY, TO
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CREATE
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ADMINISTRATIVE
15
FINANCE; PROVIDING FOR REFERENDUM APPROVAL OF
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THIS
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IMPACT STATEMENT TO BE DEVELOPED AND PLACED ON
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THE
19
ELECTIONS TO PLACE THE REFERENDUM QUESTION ON
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MAY 19, 2015 SECOND GENERAL ELECTION BALLOT;
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PROVIDING
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EFFECTIVE DATE.
REQUIRE
REGARDING
THE
THE
MAYOR
APPOINT
QUALIFICATIONS
BALLOT;
FOR
FOR
OFFICER
ORDINANCE;
SEVERABILITY;
A
CHIEF
CHIEF
DIRECTOR
FOR
THE
AMENDING
THE
AND
PROVIDING
DIRECTING
MAYOR;
A
OF
FINANCIAL
SUPERVISOR
PROVIDING
OF
AN
23
24
Section 1.
Amending
Section
6.07
(Mayor’s
Staff),
25
Jacksonville Charter. Section 6.07 (Mayor’s Staff), Article 6 (The
26
Mayor), Jacksonville Charter, is hereby amended to read as follows:
27
PART A.
28
CHARTER LAWS
29
CHARTER OF THE CITY OF JACKSONVILLE
30
31
*
ARTICLE 6.
*
*
THE MAYOR.
Amended 2/10/15
1
*
2
Sec. 6.07. Mayor’s Staff.
3
(a)
The
mayor
may
*
*
appoint
administrative
aides
and
one
4
personal secretary to have such duties as he may determine and to
5
serve at his sole pleasure. The mayor's aides and secretary shall
6
be excluded from the civil service provisions of the charter and
7
ordinances of the City of Jacksonville.
8
9
(b)
(CAO)
The mayor shall appoint a Chief Administrative Officer
who
shall
be
responsible
Jacksonville;
12
annual operating budget and capital improvement plan.
13
Administrative
14
accredited post-secondary institution in business administration,
15
public administration, or a similar field, and
16
experience in an administrative capacity in municipal government,
17
three
18
understanding of the principles of municipal administration and of
19
applicable provisions of the Laws of the State of Florida; or an
20
equivalent combination of education and experience. The mayor shall
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fill any vacancy in the position of Chief Administrative Officer
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within 60 days of such position becoming vacant.
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overseeing
Officer
Section 2.
are
the
shall
in
a
a
Section
Departments),
Jacksonville
Charter.
25
Departments),
Article
26
hereby amended to read as follows:
(Departments),
7.101
CHARTER LAWS
29
CHARTER OF THE CITY OF JACKSONVILLE.
31
ARTICLE 7.
*
DEPARTMENTS.
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City’s
The Chief
from
a
an
thorough
(Directors
(Directors
Jacksonville
28
*
and
7.101
PART A.
*
of
seven (7) years’
27
30
City
the
degree
capacity,
Section
the
of
bachelor’s
management
24
of
implementation
have
Amending
7
affairs
operating
11
which
day-to-day
all
departments;
and
the
overseeing
10
of
managing
for
Charter,
of
of
is
Amended 2/10/15
1
Sec. 7.101. Directors of Departments.
2
(a)
There shall be a director of each department who shall be
3
the principal officer of the department and responsible for all of
4
its operations. Each director shall be appointed by the mayor and
5
shall be confirmed by the council and shall serve until removed by
6
the
7
department in accordance with the rules and regulations made by the
8
mayor.
9
control of the mayor in all matters and shall be responsible for
10
the conduct of the officers and employees of his department, for
11
the performance of its function, and for the custody of books,
12
records, papers, and property under its control. The mayor may also
13
appoint
14
advisable and the council may approve.
15
16
mayor.
Each
Each
director
such
(b)
director
deputy
The
shall
shall
be
directors
mayor
shall
conduct
subject
of
fill
each
any
to
the
affairs
the
his
supervision
department
vacancy
of
in
as
any
he
and
deems
director's
position within 60 days of such position becoming vacant.
17
(c)
The Director of the Finance Department (or such other
18
department as designated by the council) shall be responsible for
19
overseeing
the
Finance
Department
20
including
the
Office
of
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establishing, controlling, and directing the City of Jacksonville’s
22
annual operating and capital improvement budgets; and overseeing
23
and managing the authorized financial borrowing of the City of
24
Jacksonville.
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bachelor’s degree from an accredited post-secondary institution in
26
finance,
27
administration, or a similar field, and seven (7) years’ experience
28
in
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management capacity, and a thorough understanding of the principles
30
of municipal finance, budgeting, and accounting, and of applicable
31
provisions of the Laws of the State of Florida; or an equivalent
public
Treasurer
the
and
City
the
of
Jacksonville,
Budget
Office;
The Director of the Finance Department shall have a
accounting,
or
of
governmental
business
finance,
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-
administration,
three
of
which
public
are
in
a
Amended 2/10/15
1
combination of education and experience.
2
Section 3.
3
(a)
Referendum.
A referendum of the qualified electors residing in Duval
4
County, Florida is hereby called to be held as part of the May 19,
5
2015 Second General Election, to determine whether the amendments
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to Section 6.07 and 7.101 of the Charter become effective.
7
(b)
8
prescribed
9
provision.
10
(c)
The referendum shall be held and conducted in the manner
by
law
for
holding
elections
under
a
referendum
All qualified electors in Duval County shall be entitled
11
and permitted to vote in the referendum.
12
voting shall be those polling places and times established for
13
voting by law.
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be designated by the Supervisor of Elections in accordance with
15
applicable State law.
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(d)
The places and times of
The inspectors and clerks for the referendum shall
The Supervisor of Elections is authorized and directed,
17
when
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voting machines for the referendum election called hereinabove, to
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print the referendum question set forth hereinbelow on said ballots
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and
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Immediately after said question shall be provided a space for the
22
voter
23
question.
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printing
absentee
to
the
ballots
indicate
Section 4.
ballots
at
and
absentee
the
ballots
appropriate
whether
the
vote
is
"yes"
Notice
of
Referendum.
The
for
use
place
or
in
the
therefor.
"no"
on
the
Supervisor
of
25
Elections is directed to ensure at least thirty (30) days notice of
26
the referendum by publishing at least twice in a daily newspaper of
27
general circulation in Duval County, once in the fifth week and
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once in the third week prior to the week in which the referendum is
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to be held, in the manner provided in Section 18.05 of the City
30
Charter and as otherwise required by law.
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Section 5.
Ballot Title.
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The Council hereby directs that
Amended 2/10/15
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the ballot title for the referendum question be in substantially
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the following form:
3
“AMENDING
4
CHARTER REGARDING MAYOR’S STAFF AND DEPARTMENT
5
DIRECTORS.”
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Section 6.
SECTIONS
6.07
AND
Official Ballot.
7.101
OF
THE
The Council hereby directs
7
that the following referendum question, in substantially the form
8
set forth below, be placed on the ballot for the May 19, 2015
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Second General Election:
10
“Shall Ordinance 2015-____-E which amends the
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Jacksonville Charter to (1) require the Mayor
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to appoint a Chief Administrative Officer and
13
Director of Finance;
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responsibilities
15
positions; and (3) require Mayor to appoint
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City department directors within 60 days of a
17
director’s
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effective?”
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(_____)
YES.
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(_____)
NO.
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Section 7.
(2) define the duties,
and
position
Referendum
authority
becoming
Results.
of
vacant,
The
such
become
Supervisor
of
22
Elections for Duval County, Florida shall certify the results of
23
the referendum to the Florida Department of State in accordance
24
with law.
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be for the amendment, the amendment shall be approved, and shall
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take effect as provided in this Ordinance.
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of the votes cast in the referendum shall be for the amendment, the
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amendment shall be defeated, and shall not take effect.
29
If a majority of the votes cast in the referendum shall
Section 8.
If less than a majority
Exercise of County Powers.
This ordinance is
30
enacted by the Council exercising all its lawful and authorized
31
power, including, but not limited to, its power as the governing
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Amended 2/10/15
1
body of Duval County, Florida, under Section 3.01, of the Charter
2
of the City of Jacksonville.
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Section 9.
Financial Impact Statement.
4
Upon approval of this ordinance, the Supervisor of Elections
5
shall, pursuant to Section 18.05(k) of the Charter,
6
Mayor, City Council President, General Counsel and Council Auditor,
7
of their duty under Section 18.05(k) to prepare, within thirty (30)
8
days of such notice, an up to seventy-five (75) word financial
9
impact statement of the increase or decrease of any revenues or
10
costs to the City of Jacksonville resulting from the implementation
11
of the proposed charter amendment.
12
Section 10.
provision
15
under any circumstances shall be held to be inoperative, invalid,
16
or
17
sentence,
18
affect the validity or constitutionality of any of the remaining
19
parts of this act, or the application of any of the provisions of
20
this act to persons, bodies, or in circumstances other than those
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as to which it or any part thereof shall have been inoperative,
22
invalid, or unconstitutional, and it is intended that this act
23
shall be construed and applied as if any section, clause, sentence,
24
or provision held inoperative, invalid, or unconstitutional had not
25
been included in this act.
or
provision
Section 11.
shall
not
be
Effective Date.
of
the
application
clause,
section, clause, sentence, or provision to any person or bodies or
invalidity
or
section,
14
the
this act
any
sentence,
unconstitutional,
of
If
13
26
or
Severability.
notify the
such
deemed,
section,
held,
or
of
such
clause,
taken
to
Except as herein provided,
27
this ordinance shall become effective upon signature by the Mayor
28
or upon becoming effective without the Mayor’s signature. If this
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ordinance is approved by a majority of the electors voting in the
30
referendum scheduled herein, then the terms of Sections 1 and 2 of
31
this ordinance shall become effective immediately upon verification
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Amended 2/10/15
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of the results of the referendum’s election vote.
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3
Form Approved:
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5
__/s/ Paige Hobbs Johnston
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Office of General Counsel
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Legislation Prepared By: Stephen M. Durden
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G:\SHARED\LEGIS.CC\2015\Ord\2015-51-E.doc
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