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82-O-251 ORDINANCE NO. 82-0-25 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, p AMENDING ARTICLE I, CHAPTER 2, OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA, RELAT- ING TO ADMINISTRATION, BY ADDING THREE NEW SECTIONS TO PROVIDE THAT COUNCIL MEMBERS SHALL DEAL WITH CITY OFFICERS AND EMPLOYEES WHO ARE SUBJECT TO THE DIRECTION AND SUPERVISION OF THE CITY MANAGER THROUGH THE CITY MANAGER; PROVIDING LIMITS UPON THE USE OF CITY GOVERN- MENT FACILITIES BY MEMBERS OF THE COUNCIL,, PROVIDING FOR THE SAFEKEEPING OF RECORDS; PRO- VIDING FOR PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PRO- VIDING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater, Florida, has provided for a city -manager form of government and has appointed a city manager to act as the administrative head of the city; and WHEREAS, the city manager is to be responsible to the city council for the proper administration of all affairs of the city; and WHEREAS, there is a need for the clarification of the rights and privileges of council members when dealing with city officers and employees who are subject to the direction and supervision of the city manager so as to avoid confusion in the day-to-day operations of city government; and WHEREAS, there is a need for the safe -keeping of records in the city of Edgewater, Florida, NOW THEREFORE BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. Section 2-8 of the Code of Ordinances, City of Edgewater, Florida, is hereby created to read: Section 2-8 Councilmanic Inquiry - Except for the purpose of inquiry and investigation, the council or its members shall deal with city officers and employees who are subject to dir- ection and supervision of the city manager, solely through the city manager, and neither the council nor its members shall give orders to any such officer or employee, whether public or privately. Nothing in the foregoing is to be construed to prohibit individual members of the council from closely scrutin- izing by question and personal observations all aspects of city government operations, so as to obtain independent information to assist the members in the formulation of sound policies to be considered by the council. It is the express intent of this section or paragraph, however, that recommendations for improve- ments in City Government operations by individual council members be made to and through the City manager, so that the manager may coordinate efforts of all city departments to achieve the greatest possible savings through the most efficient and sound means available. SECTION 2. Section 2-9 of the Code of Ordinances, City of Edge- water, Florida, is hereby created to read: Section 2-9 Use of Facilities: No member of the council shall interfere in the day-to-day operations of the city govern- ment, nor shall any member of the council occupy any desk or work -space except as provided by the city manager, nor shall any member of the council enter any vault or restricted area such as police operations, city clerk, finance department, etc., without the approval of the city manager or the city clerk or a deputy city clerk, nor shall any member of the council examine or make copies of any documents without complying with the rules and regulations required of the general public, except that council members shall be entitled to receive at no charge, copies of documents dealing with matters which have in the recent past or are about to come before them in their capacities as council members. No city machinery, equipment or facility shall be used by any member of the council without approval of the city manager. SECTION 3. Section 2-10 of the Code of Ordinances, City of Edge- water, Florida, is hereby created to read: Section 2-10 Safekeeping of Records: Employees shall be held responsible for the safekeeping of all books, paper and records in their care. The penalty for the loss, mutilation or defacement of any of these articles will be the imposition of a fine or other disciplinary action which, in the judgment of the city council, appears warranted under all the circumstances. Under no circumstance shall any application, plan, record; book, or paper be taken from any office without the consent of the department head. SECTION 4. All Ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and same are hereby specifically repealed. SECTION 5. This Ordinance shall take effect immediately upon its final passage as provided by law. This Ordinance was introduced by Mr. The first reading of the above ordinance was read in full and passed by vote of the City Council of the City of Edgewater, Florida, at a regular meeting of said Council held on the -. day of�, 1982, and approved as provided by law. The second reading of said ordinance to be at a regular meeting of the City Council to be held on the " day of 1982. Roll Call Vote As Follows: �• The vote on the above and foregoing Ordinance No.E2 -25' following first Reading thereof was as follo Fl"WRN- �W��� Lodico N TWO COUNCILMAN Da id Ledbetter �i-TONS E COGIOCILMAN Wilbert Pendleton / v Z NE FOU CO CI MAN hn Wilbur The roll call vote on second reading of the Ordinance, following a duly advertised public hearing was as J Lodico 7ONE� CILMAN avid Ledbetter E THREE COUNCILMAN filbert Pendleton )NE-FOUIE COUNCILMAN Dhn Wilbur Approved for legality and form: MARI I W/11 IC_./VI W\ /V4M1Ull Y 4ANE NETT UHMENDERSON CITY ATTORNEY, ACTING t