CHARTER
   Section
   1.   Abolishment of present municipality
ARTICLE I:  INCORPORATION: FORM OF GOVERNMENT: POWERS
   2.   Incorporation
   3.   Voting districts
   4.   Form of government
   5.   General powers
ARTICLE II:  THE COMMISSION
   6.   Office of Commissioner and Mayor-at-large
   7.   Qualifications and disqualifications
   8.   Salary
   9.   Mayor as Presiding Officer; selection of Vice-Mayor by City Commission; vacancies
   10.   Powers
   11.   Appointment of City Manager
   12.   Removal of City Manager
   13.   Commission not to interfere in appointments or removals
   14.   Vacancies in the City Commission
   15.   Employment
   16.   Induction of Commission into office; meeting of Commission
   17.   Special meetings; how called
   18.   (Reserved)
   19.   Legislative procedure
   20.   Commission to be judge of qualifications of its members
   21.   Rules of procedure; journal
   22.   Ordinances and resolutions
   23.   Effective date of ordinances and resolutions
   24.   Authentication; publication
   25.   Independent annual audit
   26.   Contracts, materials and supplies with city
ARTICLE III:  ADMINISTRATION - CITY MANAGER
   27.   Qualifications
   28.   Powers and duties
   29.   Absence of the City Manager
   30.   Internal Auditor
   31.   Directors of departments
   32.   Active participation in political campaign
   33.   Employees prohibited from holding elected public office; employees seeking public office required to take leave of absence
ARTICLE IV:  DEPARTMENT OF FINANCE
   34. - 42.   (Reserved)
ARTICLE V:  CITY CLERK
   43.   City Clerk
ARTICLE VI:  POLICE DEPARTMENT
   44.   Police Department
ARTICLE VII:  FIRE DEPARTMENT
   45.   Fire Department
ARTICLE VIII:  DEPARTMENT OF PUBLIC WORKS
   46. - 51.   (Reserved)
ARTICLE VIII A:  DEPARTMENT OF ENGINEERING
   51.1   Department of Engineering
ARTICLE IX:  BUILDING DEPARTMENT
   52.   Building Department
ARTICLE X:  DEPARTMENT OF PERSONNEL
   53.   Civil service merit system
   54.   Pension and retirement plans
ARTICLE XI:  MUNICIPAL COURT AND CITY ATTORNEY
   55. - 61.  (Reserved)
   62.   City Attorney; appointment and qualifications
   63.   Salary of City Attorney
   64. - 64.1 (Reserved)
ARTICLE XII:  ELECTIONS
   65.   Elections
   66.   Electors
   67.   (Reserved)
   68.   Nominations
   69.   (Reserved)
   70.   Elections; general
   70.1   Political affiliation and advertisement
   71.   (Reserved)
   72.   Elections; governed by the state law or ordinance
   73.   Absentee voting
   74.   Elections; canvass of returns
   75.   Elections; special
   76.   Elections; advertising
   76.1.   Early voting
ARTICLE XIII:  RECALL
   77.   Recall petition
   78.   Notice
   79.   Recall election
   80.   Ballots
   81.   Filling of vacancies
   82.   Counting the vote
   83.   Effect of resignation
   84.   Miscellaneous provisions
   85.   Offenses relating to petitions
   85.05   Initiative petition of proposed ordinances; required signatures, etc.
ARTICLE XIV:  BUDGET
   86.   Fiscal year
   87.   Preparation and submission of budget
   88.   Budget meetings; publication of notice of public hearing
   89.   Public hearing on budget
   90.   Further consideration of budget
   91.   Adoption of the budget
   92.   Date of final adoption; want or invalidity of budget
   93.   Effective date of budget; certification; copies made available
   94.   Budget; establishes appropriations; amendments as to surpluses authorized at certain times
   95.   Budget establishes amount to be raised by property tax; certification to taxing authority
   96.   Budget Message
   97.   Budget
   98.   Anticipated revenues
   99.   Anticipated revenues compared with other years
   100.   Surplus
   101.   Proposed expenditures
   102.   (Reserved)
   103.   Budget summary
   104.   Carry-over of unencumbered appropriations
ARTICLE XV:  TAX ADMINISTRATION
   105. - 124. (Reserved)
ARTICLE XVI:  PROCEDURE FOR OBTAINING TAX DEEDS
   125. - 148. (Reserved)
ARTICLE XVII:  FORECLOSURE OF TAX SALE CERTIFICATES
   149. - 157. (Reserved)
ARTICLE XVIII:  BONDS
   158.   Authorized to issue
   159.   Vote for bonds
   160.   (Reserved)
   161.   State law
   162.   Form of bonds
   163.   Registered or coupon bonds
   164.   Recital of compliance
   165.   More than one improvement may be included
   166.   Advertising for bids
   167.   Other requirements
   167.1.   Fiscal agent
   168.   Refunding bonds
   169.   Terms of refunding bonds
   170.   Validity of refunding bonds
   171.   Sale or exchange of refunding bonds
ARTICLE XIX:  REVENUE BONDS OR CERTIFICATES AND EXCISE TAX BONDS OR CERTIFICATES
   172.   Revenue bonds or certificates; how issued
   172.1.   Excise tax bonds or certificates; how issued
   173.   Sale of revenue bonds or certificates
   174.   Security of revenue bonds or certificates
   175.   Not general obligations
   176.   Fiscal agent
   177.   Duties of the municipality and officers
   178.   Additional powers and duties
   179.   Right to receivership upon default
   180.   Construction of article
   181.   Debt limit
   182.   Anticipation time warrants
ARTICLE XX:  SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS
   183.   Improvements authorized
   183.1.   Areas outside municipal limits
   184.   Certificates of indebtedness or revenue certificates
   185.   Resolution of necessity
   186.   Objections to improvements
   187.   Claims arising out of improvements
   188.   Resolution determining to proceed
   189.   Bids on public improvements
   190.   Cost of the improvement
   191.   Method of making special assessments
   192.   Assessment roll and notice
   193.   Assessments against United States or political subdivisions
   194.   Hearing; confirmation of assessment list
   195.   Setting aside special assessments
   196.   Suits, actions, writs, or special proceedings
   197.   Method of collection
   198.   Lien docket
   199.   Special assessment revolving fund
   200.   Assignment of assessment liens
   201.   Foreclosure by city
   202.   Foreclosure when liens assigned
ARTICLE XXI:  (RESERVED)
ARTICLE XXII:  (RESERVED)
ARTICLE XXIII:  (RESERVED)
ARTICLE XXIV:  FRANCHISE AND PUBLIC UTILITIES
   228.   Granting of franchises
   229.   Franchise notice and public hearing
   230.   Franchise, general provisions
   231.   Purchasing of public utilities
   232.   Financial provisions
   233.   Establishment of municipally owned and operated utilities
   233.01   Transfer of funds from the water fund or sewer fund prohibited
ARTICLE XXIV A:  ANNEXATION
   233.1-233.5  (Reserved)
ARTICLE XXIV B:  CONTRACTION OF TERRITORIAL LIMITS
   233.6   Procedure
ARTICLE XXIV C:  EXTENSION OF CORPORATE LIMITS
   233.7-233.13  (Reserved)
ARTICLE XXV:  GENERAL PROVISIONS
   234.   (Reserved)
   235.   Compensation of officers and employees
   235(a).   Travel expenses
   236.   Oath of office
   237.   Official bonds
   238.   Checks and warrants
   239.   Contracts
   240.   Fees and monies collected
   240.1   Records retention and destruction
   241.   Independent annual audit
   242.   Trustees of sinking fund
   243.   City depositories
   244.   Insurance reserve fund
   244.1   Disaster reserve fund
   245.   (Reserved)
   246.   Continuity of offices, boards, commission or agencies
   247.   Continuance of contracts and public improvements
   248.   Pending actions and proceedings
   249.   Continuity of ordinances
   250.   Leases
   251.   Contracts
   252.   Investigations
   253.   Sale of public property
   254.   Suits for damages
   255.   Effect of this charter on existing laws
   256.   Rights of officers and employees preserved
   257.   Continuance of present officers
   258.   Transfer of records and property
   259.   Title to property reserved to new municipality
   260.   Separability clause
   261.   Procedure for charter changes
   262.   This act to take effect upon its passage and approval by the governor or by its becoming a law without such approval
   263.   Rule of construction; gender
   264.-267. (Reserved)
Editor's note:
   This Charter is derived from Chapter 57-1754, Special Acts 1957, as amended.  All amendments are indicated by historical citations enclosed in parentheses following each amended section, and unless so indicated, the Charter remains unchanged from Ch. 57-1754. The official section numbers of the Charter Act have been retained and run from 1 through 262. However, where charter amendments have not maintained the numbering sequence, the editors have assigned point numbers, e.g., section 233.1, 233.2,  and the like.  Section catchlines have been changed or added where necessary. Sections 1-17 of Ch. 59-1763, specifically amended designated sections of the Charter and are set out herein.  Under sections 18 and 20 of the Act, the severability and repealing clauses have been omitted; section 19 providing for amendments to “this Act” reads as follows: “Section 19.  This Act, having been approved by referendum of the electors, may be amended, changed or added to at any time by a resolution passed by an affirmative vote of a majority of the City Commission, and ratified by a majority of the votes cast by the qualified electors of this City at a general or special election held for that purpose, after being advertised for at least thirty (30) days previously thereto.  Said referendum may be held prior to enactment of the amendment by the State Legislature or ratified subsequent to enactment of the amendment by the State Legislature.”
Sec. 1.  ABOLISHMENT OF PRESENT MUNICIPALITY.
   That the present municipal government existing under the name of the City of Pompano Beach, County of Broward, and State of Florida, be, and the same is hereby abolished.
ARTICLE I:  INCORPORATION: FORM OF GOVERNMENT: POWERS
Sec. 2.  INCORPORATION.
   There is hereby established and created a municipal body politic and corporate in perpetuity, under the name of the “City of Pompano Beach.”  The corporate limits as now established are as follows:
   Beginning at the point of intersection of a line 2,000 feet south of and parallel to the north boundary of Section 29, Township 48 south, Range 43 east; and the easterly boundary of the State of Florida; then westerly along aforesaid line to a point of intersection with the centerline of the Hillsboro Inlet projected southeasterly; then northwesterly along the centerline of Hillsboro Inlet and the centerline of Hillsboro Bay to an intersection with the centerline of the Intracoastal Waterway from Jacksonville, Florida to Miami, Florida; then southwesterly along the centerline of the Intracoastal Waterway, to an intersection with the north boundary of Section 29, Township 48 south, Range 43 east; then west along the north boundary to the northwest corner of Section 29; then westerly along the north boundary of Section 30, Township 48 south, Range 43 east, to an intersection with the southerly boundary of block 1, Lighthouse Point 1st Section, according to the plat thereof recorded in plat book 28, page 49, of the public records of Broward County, Florida; then southwesterly along the southerly boundary to the southwest corner of lot 1, in block 1; then northerly along the west boundary of lot 1, block 1, to an intersection with the north boundary of Section 30; then west along the north boundary of Section 30, to an intersection with the west right-of-way Line of the Federal Highway (U.S. No. 1) then southerly along the westerly right-of-way line of the Federal Highway, to an intersection with the south boundary of the north half of the north half of the northwest quarter of Section 30; then westerly along the south boundary of the north half of the north half of the northwest quarter of Section 30 and continuing westerly along the south boundary of the north half of the north half of the northeast quarter and south boundary of the north half of the north half of the northwest quarter of Section 25, Township 48 south, Range 42 east, to an intersection with the easterly right-of-way line of the Florida East Coast Railway; then northeasterly along the easterly right-of-way line of the Florida East Coast Railway to an intersection with the south right-of-way line of N.E. 24 Street (Copans Road); then northwesterly and westerly on the south right-of-way line through Section 25 and continue on the south right-of-way line into Section 26, Township 48 south, Range 42 east to an intersection with the east boundary of the west half of Section 26, then northerly along the east boundary of the west half of Section 26 to the northeast corner of the west half of Section 26, Township 48 south, Range 42 east; then westerly along the north boundary of Section 26 and continuing westerly along the north boundary of Section 27, Township 48 south, Range 42 east to the westerly right-of-way line of the Seaboard Coast Line Railroad; then northeasterly along the west right-of-way line of Seaboard Coast Line Railroad into Section 22, Township 48 south, Range 42 east; then continue northeasterly along the right-of-way line into Section 23, Township 48 south, Range 42 east, to the south right-of-way of N.W. 36th Street (Sample Road); then proceed westerly along the south right-of-way line through Section 23, Section 22, and Section 21, Township 48 south, Range 42 east to the east right-of-way line of the Sunshine State Parkway; then proceed south on the easterly right-of-way line of Sunshine State Parkway through Section 21 and continue southerly through Section 28 and into Section 33, Township 48 south, Range 42 east to the south right-of-way line of Hammondville Road; then westwardly along the south right-of-way line of Hammondville Road to the easterly right-of-way line of the Sunshine State Parkway; then proceed southwesterly along the east right-of-way in Section 33 and continue into Section 32, Township 48 south, Range 42 east and continue southwesterly into Section 5 and Section 6, Township 49 south, Range 42 east to an intersection with the south boundary of Section 6; then easterly along the south boundary to the southeast corner of Section 6; then continue easterly along the south boundary of Section 5, Township 49 south, Range 42 east for a distance of 450 feet to a point of curvature; then southeasterly along the arc of a curve to the right having a radius of 1,500 feet for an arc distance of 554.06 feet to a point of tangency; then southeasterly along a tangent to the last described curve for a distance of 104.32 feet to a point of curvature; then easterly along the arc of a curve to the left having a radius of 1,500 feet for an arc distance of 554.06 feet to a point of tangency; then easterly along a tangent to the last described curve, being also a line 240 feet south of and parallel to the south boundary of the southwest quarter of Section 5, Township 49 south, Range 42 east, for a distance of 1,034.17 feet; then continue easterly along a line 240 feet south of and parallel to the south boundary of the southeast quarter of Section 5, for a distance of 1,043.77 feet to a point of curvature; then northeasterly along the arc of a curve to the left having a radius of 1,500 feet for an arc distance of 554.06 feet to a point of tangency; then northeasterly along a line tangent to the last described curve for a distance of 104.32 feet to a point of curvature; then easterly along the arc of a curve to the right having a radius of 1,500 feet for an arc distance of 554.06 feet to a point of tangency; the point lying on the south boundary of Section 5, Township 49 south, Range 42 east; then easterly along the south boundary of Section 5 to the southeast corner thereof; then proceed southerly along the west boundary of Section 9, Township 49 south, Range 42 east to the south right-of-way of McNab Road; then proceed easterly along the south right-of-way line through Section 9 and into Section 10, Township 49 south, Range 42 east to the westerly right-of-way line of Seaboard Coast Line Railroad; then proceed northeasterly along the west right-of-way through Section 10 and continue northeasterly into Section 3, Township 49 south, Range 42 east to a point of intersection with the centerline of right-of-way for Cypress Creek Canal (C-14 Central and Southern Florida Flood Control District); then run easterly along the centerline to a point of intersection with the south boundary of Section 3, Township 49 south, Range 42 east; then proceed southeasterly along the centerline of Cypress Creek Canal into Section 10, Township 49 south, Range 42 east and continue southeasterly, easterly, and northeasterly along the centerline of Cypress Creek Canal in Section 11, Township 49 south, Range 42 east to an intersection with the west boundary of Section 12, Township 49 south, Range 42 east; then continue eastwardly and northerly along the centerline of Cypress Creek Canal to an intersection with the westerly projection of the north boundary of blocks 3 and 4 in Westfield Subdivision Section “A” as recorded in plat book 40, page 37, Broward County Records; then easterly along the boundary to the northeast corner of block 3, subdivision last aforesaid; then southerly along the east boundary of block 3 to an intersection with a line 250 feet south of and parallel to the north boundary of Section 12, Township 49 south, Range 42 east; then easterly along the line to the west boundary of the northeast quarter of the northeast quarter of Section 12, Township 49 south, Range 42 east; then southerly along the west boundary to the southwest corner of the north half of the northeast quarter of the northeast quarter of Section 12, Township 49 south, Range 42 east; then easterly along the south boundary of the north half of the northeast quarter of the northeast quarter of Section 12, Township 49 south, Range 42 east, to the east boundary of Section 12, Township 49 south, Range 42 east; then continue easterly along the south boundary of the northwest quarter of the northwest quarter of the northwest quarter of Section 7, Township 49 south, Range 43 east, to the southeast corner thereof; then northerly along the east boundary of the aforesaid northwest quarter of the northwest quarter of the northwest quarter of Section 7 to a point 25 feet south of the northeast corner thereof; then easterly along a line 25 feet south of and parallel to the north boundary of Section 7 to an intersection with the east right-of-way line of the Intracoastal Waterway from Jacksonville, Florida to Miami, Florida; then northerly along the east right-of-way line of the Intracoastal Waterway to the southwest corner of lot l, block 16, Terra Mar Island Estates, second addition according to the plat thereof recorded in plat book 31, page 20, Public Records of Broward County, Florida; then southeasterly along the southerly boundary of lot 1, block 16, to the southeast corner of lot 1, block 16, then northeasterly along the east boundary of lot 1, block 16, to an intersection with an extension of the south boundary of block 12 in Terra Mar Island Estates, second addition; then easterly along the south boundary of an extension of block 12, and projection thereof to a point on the west boundary of lot 1, block 15, in Terra Mar Island Estates, second addition; then southerly along the west boundary of lot 1, block 15 and the west boundary of lot 10, block 11, Terra Mar Island Estates, first addition according to the plat thereof recorded in plat book 31, page 10, Public Records of Broward County, Florida, to the southwest corner of lot 10; then easterly along the south boundary of lot 10 and its easterly prolongation to an intersection with the centerline of the Spanish River; then southerly along the centerline of the Spanish River to a point 200 feet north of and at right angles to a line 1,550 feet south of and parallel to the north line of the southeast quarter of Section 6; then southerly 200 feet to a point 1,550 feet south of and parallel to the north line of the southeast quarter of Section 6 and 1,127.43 feet east of the easterly right-of-way line of the Intracoastal Waterway; then easterly along the line being l,550 feet south of and parallel to the north line of the southeast quarter to the easterly right-of-way line of State Road A-1-A (South Ocean Boulevard); then northeasterly along the easterly right-of-way line to an intersection with a line 850 feet south of and parallel to the north line of the southeast quarter of Section 6; then proceed easterly along the line 850 feet south of and parallel to the north line of the southeast quarter of Section 6, and the projection thereof through government lot 2, Section 5, Township 49 south Range, 43 east, to the easterly boundary of the State of Florida; then northerly along the easterly boundary of the State of Florida to the point of beginning.  This land situate, lying, and being in Broward County, Florida.
(Sp. Acts, Ch. 61-2712, § 1; Ch. 63-1826, § 1; Ch. 65-2141, § 1; Ch. 67-1949, § 1; Ch. 69-1513, § 1; Ord. No. 80-28, § 1, 12-11-79; Ord. No. 81-15, § 1, 11-25-80; Ord. 84-5, passed 10-25-83)
Sec. 3.  VOTING DISTRICTS.
   The City Commission shall, by ordinance, prior to January 1, 2004, apportion the city in accordance with the Constitution of the State of Florida and of the United States into not less than five (5) or more than seven (7) consecutively numbered and reasonably geographically compact districts.  Thereafter, by subsequently enacted ordinances, the City Commission shall adjust the boundary lines of the districts into reasonably geographically compact areas as may be required from time to time in order that the apportionment of the city shall be, and continue to be, in accordance with the Constitution of the State of Florida and of the United States.  In any event, decennial redistricting shall be done not less frequently than within the first calendar year following each decennial census.
(Sp. Acts, Ch. 61-2712, § 2; Ch. 63-1826, § 2; Ch. 67-1949, § 2; Ch. 69-1513, § 2; Ref. of 3-11-80, Amend. No. 1; Am. Ord. 2003-63, passed 7-29-03, Ref. of 11-4-03, Amend. No. 1, ratified 11-25-03)
Sec. 4.  FORM OF GOVERNMENT.
   The municipal government provided by this Charter shall be known as the “Commission-Manager Government.”  Pursuant to its provisions and subject only to the limitations imposed by the state Constitution and by this Charter, all powers of the city shall be vested in an elective Commission, hereinafter referred to as “the Commission,” which shall enact local legislation, adopt budgets, determine policies, and appoint the City Manager, who shall execute the laws and administer the government of the city.  All powers of the city shall be exercised in the manner prescribed by this Charter, or if the manner be not prescribed, then in such manner as may be prescribed by ordinances.
Sec. 5.  GENERAL POWERS.
   The city shall have the powers, functions and immunities granted to municipal corporations by the constitution and general laws of this state, as now or hereinafter existing, together with the implied powers necessary to carry into execution all the powers granted.  The enumeration of particular powers by this Charter shall not be deemed to be exclusive and in addition to the powers enumerated herein or implied hereby, or appropriate to the exercise of such powers, it is intended that the city shall have and exercise all powers which it would be competent for this Charter specifically to enumerate.  The following are among the express powers of the city, which are in furtherance of and not limiting to the general powers:
      (1)   To purchase, lease, receive by gift and hold property, real and personal, both within and without its corporate limits;
      (2)   To pass such ordinances as may be necessary to protect and preserve peace and order upon all property owned, leased, managed or controlled by the city;
      (3)   To acquire by condemnation any property necessary for public use either within or without its corporate limits;
      (4)   To levy, assess and collect taxes necessary for operation of the city;
      (5)   To invest the surplus funds of the city;
      (6)   To borrow money and to issue bonds and revenue certificates as security therefor;
      (7)   To license business, professions and occupations carried on wholly within or in part within the city limits, and privileges and franchising expressed therein, and to levy and collect license tax upon same and such licenses shall not be related to nor shall the amount be governed by the general state revenue law;
      (8)   To furnish within and without its corporate limits any local public services and utilities and to levy charges for the use of such services and utilities;
      (9)   To purchase, hire, construct, own, maintain and operate or lease any local public utilities;
      (10)   To grant franchise of all kinds for the use of the city streets, water and waterways, public beaches and recreational facilities, lands and ways, in the manner elsewhere provided herein;
      (11)   To define, prevent and abate nuisances; including keeping of animals within the city limits;
      (12)   To exercise all police powers granted municipalities by the Constitution and Laws of the State of Florida, as now or hereinafter existing, and to adopt such ordinances, rules and regulations as are necessary to maintain and preserve public health, peace and welfare and to impose penalties and forfeitures to carry the same into effect;
      (13)   To own, establish and operate hospitals, libraries, cemeteries, parks, airports, golf courses, beaches and any other parks or recreational facilities and to sell or lease such as institutions or properties, except as hereinafter otherwise provided; (Ref. of 3-9-76)
      (14)   To construct, operate and maintain streets, roads, alleys, sidewalks, docks, waterways, yacht basins, bridges, tunnels, sewers, and parking areas, and to regulate and control the use thereof;
      (15)   To regulate encroachments in, and use of streets, alleys, sidewalks, waterways, beaches and any other public properties;
      (16)   To provide police, fire, sanitary and other similar protection and services;
      (17)   To exercise its police powers and jurisdiction within five miles of its corporate limits; provided, however, that such exercise of police powers and jurisdiction beyond the corporate limits of said city shall extend only to slaughterhouses, abattoirs, dairies and sanitation;
      (18)   To drain swamps and overflow lands within or without the city for the betterment of sanitary and health conditions within the city;
      (19)   To establish and regulate a uniform system of employment practices so as to provide a permanent system of civil services;
      (20)   To own and maintain cemeteries and crematories, either within or without its corporate limits, and to regulate the use thereof;
      (21)   To regulate building and density of population, and the nature, height, size and use of buildings and other structures, for the purpose of promoting the health, safety, morals or general welfare of its residents;
      (22)   To make local improvements and to impose and enforce liens for the payment of the same, in accordance with the general statutes of the state;
      (23)   To provide a pension or retirement plan for its officers and employees;
      (24)   To advertise and promote the interest of the municipality and its residents through legitimate and recognized means for the accomplishment of such purposes;
      (25)   To borrow money for a period not longer than the remainder of the fiscal year in which the loan is made, and this power shall be in addition to the other powers to borrow money set forth in this charter, or granted by the general laws of this state;
      (26)   To control the development and use of natural or artificial streams or bodies of water inside its corporate limits;
      (27)   To regulate the speed of and control the blowing of whistles of any railroad train or locomotive within the corporate limits; to control operations of trains over public crossings;
      (28)   Lot clearing.  To require owners of real property or other persons having a beneficial interest therein to clear and clean vacant or improved lots of weeds, undergrowth, rubbish, brush and any unsightly and unsanitary debris, to fill unsanitary excavations and depressions or to have such clearing, cleaning or filling accomplished and charge the property owner or other person having a beneficial interest therein for the cost thereof, such charge to be joint and several.  The charge shall also constitute a lien against the property, which lien may be foreclosed in the same manner and to the same extent as special assessment liens are foreclosed pursuant to the provisions of Article XX of this Charter, including, but not limited to, the liability of the property owner for and the lien on the property for attorney's fees, costs, expenses and interest.
(Special Acts, Ch. 67-1949, § 3)
Editor's note:
   Ch. 67-1949, § 3, ratified February 21, 1967, amended Ch. 57-1754, § 5, as amended, by revising subsection (28), changing “other persons interested therein” to “other persons having a beneficial interest therein,” and adding the provisions concerning foreclosure of the lien.
      (29)  Building or Housing Code. To adopt a building or housing code, or both, and suitable regulations governing the construction, erection, repair and demolition of buildings within the city limits, including, but not limited to, plumbing and wiring, and providing that upon refusal of the responsible party to comply with any decision requiring the demolition of any unsafe, unsightly or unsanitary building or, in the alternative, a building declared by the City Commission to be a nuisance, the city shall cause to be done or make said demolition and the cost thereof shall be a charge and lien against such property of the same extent and character as the lien now granted, or which may hereafter be granted, to said city by law for special assessments for the cost of local improvements, which charge and lien shall be forthwith due and payable, unless the time for the payment thereof shall be extended by the City Commission with the same penalties and the same rights of collection, safe and forfeiture as may be provided by law now or hereafter for special assessments for local improvements. 
(Special Acts, Ch. 63-1826, § 3)
Editor's note:
   Section 3 of Ch. 63-1826 filed with the Secretary of State on June 18, 1963, amended § 5(29) of Ch. 57-1754 to add a housing code and the provisions regarding demolition.
      (30)   The city shall have the power to take special censuses of its population from time to time to determine the number of inhabitants in the city.  Any such census when certified by resolution of the City Commission shall for all intents and purposes be the official census of the city to determine the city's rights, privileges, and duties under Chapter 171, Florida Statutes.
      (31)   The City Commission shall have the express power by ordinance to provide for the sale of abandoned or wrecked automobiles, vehicles or property, and after due notice has been given of the proposed sale, shall have the power to execute a bill of sale for the same to any purchaser, and the Motor Vehicle Commissioner of the State of Florida is hereby directed to take notice thereof, and upon proper application by the purchaser, to issue to said person a motor vehicle certificate of title. 
(Special Acts, Ch. 59-1763, § 1)
      (32)   The city shall have the power to provide for the beach erosion control, which it feels is necessary in order to maintain the public and private beaches of the city, and to regulate, control, construct, maintain and repair groins and jetties and shall have the power to have surveys made and to make improvements and corrective measures thereon, in accordance with the authority and procedure contained in Article XX (Sections 183-202) of this Charter.
(Special Acts, Ch. 59-1763, § 1; Ch. 67-1949, § 3)
Editor's note:
   Section 1 of Special Acts, Ch. 59-1763, ratified by the electors April 14, 1959, amended above § 5 of Ch. 57-1754 to add subsections (31) and (32) as hereinabove set out. Ch. 67-1949, § 3, ratified February 21, 1967, amended § 5 of Ch. 57-1754, as amended, by deleting from subsection (32) the phrase “as well as to preserve the private beaches which lie adjacent to the City Beach,” and by inserting “and private” between the words “public and beaches.”
      (33)   (The city shall have the power) To enforce any provision of this charter or any municipal ordinance by injunction or other appropriate judicial writ or proceeding notwithstanding the power of the municipal judge to punish for violation of such charter provision or ordinance. 
(Sp. Acts, Ch. 61-2712, § 3)
      (34)   The City Commission may by appropriate ordinance release any land or portion thereof included in any areas designated as the City of Greater Pompano Beach area as established now or in the future when it appears in the best interests of the public to do so. 
(Sp. Acts, Ch. 61-2712, § 4)
      (35)   Seawalls.  (The city shall have the power) To require owners of real property, or other persons having a beneficial interest therein, adjacent to any natural or artificial canal, stream or other body of water, to construct a seawall, or to maintain and repair any seawall, on the property, or cause to have a seawall constructed, maintained and repaired and charge the property owner or other person having a beneficial interest therein for the cost thereof, such charge to be joint and several.  The charge shall also constitute a lien against the property, which lien may be foreclosed in the same manner and to the same extent as special assessment liens are foreclosed pursuant to the provisions of Article XX of this Charter, including, but not limited to, the liability of the property owner for and the lien on the property for attorney's fees, costs, expenses and interest.  The City Commission shall not require or cause any action as above allowed unless it determines that the condition of the real property on which the action is to be taken is a public nuisance, or injurious to the health, safety or welfare of the neighborhood or the community or dangerous to the navigability of any such canal, stream or other body of water.  Real property adjacent to the waters of the Atlantic Ocean is expressly excluded from this subsection. 
(Sp. Acts, Ch. 67-1949, § 4)
      (36)   The City Commission shall have the express power by ordinance to provide for and enforce technical standards for the construction, maintenance and repair of seawalls including, but not limited to, the requirement that a permit or other enabling certificate be obtained prior to the commencement of any construction, maintenance or repair.  A method of enforcement shall be determined by the City Commission and may include the power granted in subsection 35 of this section.  Real property adjacent to the waters of the Atlantic Ocean is expressly excluded from this subsection. 
(Sp. Acts, Ch. 67-1949, § 4)
ARTICLE II:  THE COMMISSION
Sec. 6.  OFFICE OF COMMISSIONER AND MAYOR-AT-LARGE.
   The City Commission shall consist of a number of electors of the city corresponding to the number of districts established pursuant to Article I, Section 3, of this Charter, one (1) Commissioner to be elected from each of said districts by vote of only the electors within that district, and a Mayor elected by vote of all electors within the City.  In accordance with the laws governing municipal elections in Broward County, future elections shall be transitioned to be held on the first Tuesday in November of even number years during general elections.  For the municipal general election of March 2012, the terms of office of City Commissioners who were elected from odd-numbered districts shall expire when successors are sworn in but not later than one week after the general election in November of 2014, and for the municipal general election of March 2013, the terms of office of City Commissioners who were elected from even-numbered districts shall expire when successors are sworn in but not later than one week after the general election in November of 2014.  Successor Commissioners shall be elected for terms to fill seats for terms of two years or until their successors are elected and qualified to fill seats as terms expire in the respective districts.  Also, for the municipal general election of March 2013, the term of office of the Mayor shall expire when a successor is sworn in but not later than one week after the general election in November of 2016.  Successor Mayors shall be elected for terms of four (4) years or until their successors are elected and qualified.
(Ord. 2003-63, passed 7-29-03, Ref. of 11-4-03, Amend. No. 2 (part), ratified 11-25-03; Am. Ord. 2008-39, passed 5-27-08, Ref. of 11-4-08, Amend. No. 2, ratified 11-25-08)
Editor's note:
   Section 1 of Am. Ord. 2003-63, approved by the electors on November 4, 2003, repealed Art. II, § 6 of Ch. 57-1754 (as amended by Ref. of 3-11-80, Amend. No. 2) and substituted in lieu thereof a new § 6 as hereinabove set out.
Sec. 7.  QUALIFICATIONS AND DISQUALIFICATIONS.
      (1)   Members of the City Commission shall have the following qualifications:
         (a)   They shall have been residents of the election district from which they are elected for at least one (1) year immediately preceding their election.
         (b)   They shall have the qualifications of electors in the city and shall be registered to vote in the city.
         (c)   They must continue to reside during their term of office in the respective election district from which they are elected or appointed.
      (2)   Members of the City Commission shall be disqualified to continue in office in the following instances:
         (a)   When any member ceases to possess any of the qualifications set forth in subparagraph (1) above and, after formal notification thereof in writing by the City Commission, such member fails or refuses to purge himself of the disqualification within one (1) week of his having received such notification.
         (b)   They shall not hold any other elected public office.
         (c)   Any member who has been convicted of a crime involving moral turpitude; provided, such forfeiture shall not become effective until any appeals from such conviction have been finally adjudicated, or the time for such appeal has expired or the member indicates in writing that he does not intend to take such an appeal.
         (d)   Absence from four consecutive regular meetings of the City Commission unless such absence is excused by the City Commission by resolution setting forth the fact of such excuse, such action to be duly entered upon the journal.
      (3)   In the event of the disqualification of a member, the City Commission shall, forthwith, by proper resolution, declare the existence of a vacancy on the City Commission and shall thereafter proceed as provided in Article II, Section 14, for the filling of vacancies on the City Commission.  (Sp. Acts, Ch. 61-2712, § 5; Ch. 65-2141, § 3; Ch. 67-1949, § 5; Ref. of 3-9-76)
Editor's note:
   Section 5 of Ch. 61-2712, ratified by the electors on August 15, 1961, amended § 7 of Ch. 57-1754. Chapter 65-2141, § 3, added the requirement for a resolution declaring the vacancy. Ch. 67-1949, § 5, amended § 7 of Ch. 57-1754 by separating and distinguishing qualifications and disqualifications, by striking certain restrictions pertaining to political party affiliations, and by striking the requirement that all elections be nonpartisan.  The provisions which were deleted from section 7 may now be found in section 70.1 of this Charter.
Sec. 8.  SALARY.
Editor's note:
     Pursuant to the Municipal Home Rule Powers Act, the substantive provisions of section 8 have been transferred to § 30.03 of the Code of Ordinances.
Sec. 9.  MAYOR AS PRESIDING OFFICER; SELECTION OF VICE-MAYOR BY CITY COMMISSION; VACANCIES.
   At the first meeting after the regular annual election, the Mayor and City Commissioners shall elect by ballot a Vice-Mayor from their group by the majority vote of not less than three (3) members.  In case of a tie vote in election of the Vice-Mayor, the City Commission shall continue to ballot; but if the tie persists after four (4) ballots, the names of those persons nominated shall be written on appropriate slips of paper by the City Clerk and the Clerk shall place them in a box with several similar slips of paper bearing no names.  The City Clerk shall proceed to draw a slip of paper from the box until such time as the City Clerk draws the name of one of the nominees.  The City Clerk shall then cast a vote for the person whose name has been drawn. If a vacancy occurs in the office of Vice-Mayor, it shall be filled by the City Commission in the same manner. If a vacancy occurs in the office of Mayor, and at the time the vacancy occurs there are six (6) months or more remaining until the next municipal general election, a special election shall be called to fill the vacancy which shall be within ninety (90) days from the date of the vacancy, and candidates to fill the office must qualify with the City Clerk as provided by ordinance but not less than three (3) weeks prior to the special election. The Mayor shall preside at City Commission meetings, shall vote and in all other respects have the duties, privileges, and responsibilities of a Commissioner, and shall be recognized as head of the City Government for all ceremonial purposes and by the governor for the purposes of military law, and shall execute all instruments to which the city is a party when directed to do so by the City Commission, unless otherwise provided by this Charter or by ordinance, but the Mayor shall have no regular administrative duties.  The Vice-Mayor shall act as Mayor in the absence or disability of the Mayor, failure of the Mayor to continue in office or vacancy in the Office of Mayor, except when filled as provided hereinabove, but shall not automatically become Mayor if the office of Mayor shall become vacant.
(Ord. 2003-63, passed 7-29-03, Ref. of 11-4-03, Amend. No. 2 (part), ratified 11-25-03; Am. Ord. 2008-49, passed 6-24-08, Ref. of 11-4-08, Amend. No. 3, ratified 11-25-08)
Editor's note:
   Section 1 of Am. Ord. 2003-63, approved by the  electors on November 4, 2003, repealed Art. II, § 9 of Ch. 57-1754 (as amended by Special Acts,  Ch. 61-2712, § 6) and substituted in lieu thereof a new § 9 as hereinabove set out.
Sec. 10.  POWERS.
   All powers of the city and the determination of all matters of policy shall be vested in the Commission.  The City Commission may by ordinance or resolution prescribe the manner in which any power of said city shall be exercised. Without limitation of the foregoing, the Commission shall have the power to:
      (1)   Appoint and remove the City Manager;
      (2)   Appoint and remove the City Attorney;
      (3)   Appoint and remove the Municipal Judge;
      (4)   Establish other administrative departments and distribute the work of divisions;
      (5)   Adopt the budget of the city;
      (6)   Authorize the issuance of bonds by a bond ordinance;
      (7)   Inquire into the conduct of any office, department or agency of the city and make investigations as to municipal affairs;
      (8)   Appoint members of official boards or advisory groups;
      (9)   Adopt plats;
      (10)   Adopt and modify the official map of the city;
      (11)   Regulate and restrict the height and number of stories of buildings and other structures, the size of yards and courts, the density of populations and the location and use of buildings for trade, industry, business, residence or other purposes;
      (12)   Provide for safe and sanitary housing accommodation for families of low income;
      (13)   Create a housing authority;
      (14)   Adopt, modify and carry out plans proposed by the Planning Board for the clearance of slum districts and rehabilitation of blighted areas;
      (15)   Adopt, modify and carry out plans proposed by the Planning Board for the replanning, improvement and redevelopment of neighborhoods and for the replanning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or in part by disaster;
      (16)   Provide for an independent audit.
      (17)   Appoint and remove the Internal Auditor in compliance with Section 30.
(Special Acts, Ch. 57-1754, § 10; Am. Ord. 90-64, passed 9-4-90, Ref. of 11-6-90)
Sec. 11.  APPOINTMENT OF CITY MANAGER.
   The Commission shall appoint an officer of the city who shall have the title of City Manager and shall have the powers and perform the duties of this Charter provided.  No Commissioner shall receive such appointment during the term for which he shall have been elected, nor within one year after the expiration of his term.
Sec. 12.  REMOVAL OF CITY MANAGER.
   The City Commission shall appoint the City Manager and may remove him by a majority vote of its members.  Any removal of the City Manager shall be by two (2) separate votes of the City Commission, both of which must receive a majority vote, of its members, and with an interval of not less than seven (7) days between each vote.
(Special Acts, Ch. 61-2712, § 7; Special Acts, Ch. 63-1826, § 4; Ref. of 3-9-76; Am. Ord. 88-28, passed 1-19-88, Ref. of 3-8-88)
Sec. 13.  COMMISSION NOT TO INTERFERE IN APPOINTMENTS OR REMOVALS.
   Neither the Commission nor any of its members shall direct or request the appointment of any person to, or his removal from office by the City Manager or by any of his subordinates or in any manner take part in the appointment or removal of officers and employees in the administrative service of the city.  Except for the purpose of inquiry, the Commission and its members shall deal with the administrative service solely through the City Manager and neither the Commission nor any member thereof shall give orders or make request of any subordinates of the City Manager, either publicly or privately.
Sec. 14.  VACANCIES IN THE CITY COMMISSION.
   If any vacancy occurs in the City Commission, the Commissioners shall elect within fifteen (15) days by majority vote an eligible person to fill the vacancy until the next general election, at which time the office shall be filled for the unexpired term; provided, however, that if more than six (6) months remain before the next general election, there shall be a special election called to fill the vacancy.  If a vacancy occurs and there remains less than sixty (60) days of the unexpired term, then it shall be at the discretion of the City Commission as to whether the vacancy shall be filled.  In case of sudden emergency or catastrophe resulting in three (3) or more vacancies simultaneously, the City Clerk shall forthwith hold a special general election to fill the vacancy and unexpired term of any Commissioner whose term would not normally expire within sixty (60) days of the date of the vacancy.  Where the term would expire within such sixty-day period, the Commission shall proceed to fill such vacancy by appointment if the appointment is needed to provide a constitutional majority, but otherwise the filling of such vacancy shall be at the discretion of the Commission.  In the case of a tie vote to fill any vacancy, the City Commission shall continue to ballot; but if the tie persists after four (4) ballots, the Mayor, or in the event the Mayor position is vacant, the Vice-Mayor shall appoint one of the persons who received votes in the tie balloting to fill the vacancy.  Any person who has been recalled from office as a Commissioner shall not be eligible for appointment to the Commission.
(Sp. Acts, Ch. 59-1763, § 2; Ch. 61-2712, § 8; Ref. of 3-11-80, Amend. No. 3)
Sec. 15.  EMPLOYMENT.
   The offices of mayor and city commissioner shall be part-time positions and the individuals serving in such positions shall be permitted to engage in outside/concurrent employment consistent with Chapter 112, F.S., as may be amended.  Any required disclosures associated with such outside/concurrent employment shall be consistent with and limited to the requirements of Chapter 112, F.S., as may be amended.
(Ord. 2012-44, passed 5-8-12, Ref. of 8-14-12)
Sec. 16.  INDUCTION OF COMMISSION INTO OFFICE; MEETING OF COMMISSION.
   The first meeting of each newly elected Commission, for induction into office, shall be held at 12:00 noon on a day established by ordinance, after which the Commission shall meet at such times and places as may be prescribed by its rules, but not less frequently than twice each month; provided, however, that the Commission may designated one four-week period each year during which no meetings of the City Commission are required to be held.
(Sp. Acts, Ch. 59-1763, § 3; Ch. 67-1949, § 6; Ch. 69-1512, § 1; Ord. No. 78-33, § 1, 2-28-78)
Sec. 17.  SPECIAL MEETINGS; HOW CALLED.
   The Mayor or any two members of the City Commission or the City Manager may call special meetings of the City Commission upon at least six (6) hours written notice to each member.  The notice shall be served personally or left at the usual place of residence or place of business of the particular Commissioner sought to be notified.  It shall set forth specifically the matter to be considered at such meeting and no official action may be taken on any matter not set forth in the notice.  All official meetings of the City Commission shall be public and any citizen shall have access to the minutes and records thereof at all reasonable times.
(Special Acts, Ch. 61-2712, § 9)
Editor's note:
   Section 3 of Ch. 59-1763 ratified by the electors on August 15, 1961, amended § 17 of Ch. 57-1754 to read as hereinabove set out.
Sec. 18.  (RESERVED).
Editor's note:
   Section 10 of Ch. 61-2712 ratified by the electors on August 15, 1961, repealed § 18 of Ch. 57-1754 previously contained herein.
Sec. 19.  LEGISLATIVE PROCEDURE.
   A majority of all members elected to the City Commission shall constitute a quorum, but a less number may adjourn from day to day and compel the attendance of absent members in such a manner and under such penalties as may be prescribed by ordinance.  The affirmative vote of three members shall be necessary to adopt any ordinance or resolution and the passage of all ordinances and resolutions shall be taken by “yeas” and “nays” and entered upon the journal.
Sec. 20.  COMMISSION TO BE JUDGE OF QUALIFICATIONS OF ITS MEMBERS.
   The Commission shall be the judge of the election and qualifications of its members and for such purpose shall have the power to subpoena witnesses and require the production of records, but the decision of the Commission in any such case shall be subject to review by the courts.
Sec. 21.  RULES OF PROCEDURE; JOURNAL.
   The Commission shall determine its own rules and order of business.  It shall keep a journal of its proceedings and the journal shall be open to public inspection.
Sec. 22.  ORDINANCES AND RESOLUTIONS.
   Every proposed ordinance or resolution shall be introduced in written or printed form and shall not contain more than one subject, but the general appropriation resolution may contain the various subjects and accounts for which monies are to be appropriated.  The enacting clause of all ordinances shall be “Be it Enacted by the City of Pompano Beach, Florida.”  No ordinance shall be passed until it shall have been read at two meetings, not less than one week apart; provided, however, that if the City Commission, by majority vote, declares an emergency to dispense with the necessity for such readings, an ordinance may be passed on both readings at the same meeting if, upon the second reading thereof, four affirmative votes are cast in favor of the passage thereof.  Any ordinance may be read by title only upon its second reading.
(Special Acts, Ch. 65-2141, § 4)
Sec. 23.  EFFECTIVE DATE OF ORDINANCES AND RESOLUTIONS.
Editor's note:
   Pursuant to the Municipal Home Rule Powers Act, the substantive provisions of section 23 have been transferred to § 10.12 of the Code of Ordinances.
Sec. 24.  AUTHENTICATION; PUBLICATION.
Editor's note:
   Pursuant to the Municipal Home Rule Powers Act, the substantive provisions of section 24 have been transferred to § 10.13 of the Code of Ordinances.
Sec. 25.  INDEPENDENT ANNUAL AUDIT.
Editor's note:
   This section was repealed in March, 1981.
Sec. 26.  CONTRACTS, MATERIALS, AND SUPPLIES WITH CITY.
   It shall be unlawful for any Commissioner to directly or indirectly contract with any association, partnership, firm or corporation in which he is financially interested, for the doing of any work or the furnishing of any material or equipment to or for the City of Pompano Beach, Florida.
(Ref. of 3-9-76)
ARTICLE III: ADMINISTRATION - CITY MANAGER
Sec. 27.  QUALIFICATIONS.
   The City Manager shall be chosen by the City Commission solely on the basis of his executive and administrative qualifications, with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth.  At the time of his appointment, he need not be a resident of the city or state, but during his tenure of office he shall reside within the city.  The salary of the City Manager shall be fixed by the City Commission.
Sec. 28.  POWERS AND DUTIES.
   The City Manager shall be the chief executive officer and head of the administrative branch of the city government, except as herein provided.  He shall be responsible to the City Commission for the proper administration of all affairs of the city and to that end subject to provisions provided for in this charter he shall have power and shall be required to:
      (1)   Appoint and, when necessary for the good of the city, remove all officers and employees of the city, except as otherwise provided by this Charter, and except that he may authorize the head of a department or office to appoint and remove subordinates in such department or office;
      (2)   Fix the salary of officers and employees within the scope of the pay scale plan approved by the City Commission as set forth in Section 235;
      (3)   Endorse on all contracts, bonds and other instruments in writing in which the municipality is interested his approval of the substance thereof;
      (4)   Prepare the budget annually and submit it to the City Commission, and be responsible for its administration after adoption;
      (5)   Prepare and submit to the City Commission, as of the end of the fiscal year, a complete report on the finances and administrative activities of the city for the preceding year;
      (6)   Keep the City Commission advised of the financial condition and future needs of the city, and make such recommendations as may seem to him desirable;
      (7)   Perform such other duties as may be prescribed by this Charter or required of him by the City Commission, not inconsistent therewith.  (Special Acts, Ch. 61-2712, § 12)
Editor's note:
   Section 12 of Ch. 61-2712 ratified by the electors on August 15, 1961, amended subsection (2) of § 28 of Ch. 57-1754 to read as hereinabove set out.
Sec. 29.  ABSENCE OF THE CITY MANAGER.
   In the case of the absence or disability of the City Manager for a period of fourteen (14) days or less, the City Manager may designate by letter to the City Commission the Assistant City Manager to perform the duties of the office.  If the City Manager should be absent or disabled for a period of fourteen (14) days or less and there should be no Assistant City Manager, then the City Manager may designated by letter to the City Commission a qualified person who is currently employed by the city in a supervisory capacity to assume his duties.  If the City Manager should fail to do so, or in the case of the absence or disability of the City Manager for a period in excess of fourteen (14) days, the City Commission shall designate by resolution the Assistant City Manager or other qualified person who is currently employed by the city in a supervisory capacity to perform the duties of the office.
(Ref. of 3-9-76; Ord. No. 78-33, § 1, 2-28-78)
Sec. 30.  INTERNAL AUDITOR.
   The City Commission shall appoint an officer of the City who shall have the title of Internal Auditor.  The Internal Auditor shall serve at the pleasure of the Commission; provided, however that the individual holding the position of Internal Auditor when this section becomes effective shall, at his/her election, remain in the classified service entitled to all rights and benefits of the classification.  The Internal Auditor shall submit an Annual Audit Plan at the beginning of each fiscal year which shall be adopted by a majority vote of the City Commission and which may be amended from time to time by a majority vote of the City Commission.  The Internal Auditor shall perform independent and objective audits or reviews of financial, compliance and operational activities of the city and the city's contractors, licensees and franchisees.  Audits or reviews performed by the Internal Auditor shall analyze and evaluate financial management systems and operational controls and procedures of the city to develop recommended policies and procedures. The Internal Auditor shall also perform such other duties as may be imposed or required by ordinance, resolution or direction of a majority of the City Commission.
(Ord. 90-64, passed 9-4-90, Ref. of 11-6-90)
Sec. 31.  DIRECTORS OF DEPARTMENTS.
   At the head of each department there shall be an officer of the city who shall have supervision and control of the department and who shall be appointed by, or may be removed by, the City Manager, and who shall be under the City Manager's supervision and control.  Except as herein provided, two (2) or more departments may be headed by the same individual.  The City Manager may head one or more departments.
(Ref. of 3-9-76)
Sec. 32.  ACTIVE PARTICIPATION IN POLITICAL CAMPAIGN.
   No officer or employee of the City of Pompano Beach shall take an active part in the campaign or candidacy of any other person who is a candidate for the office of City Commissioner, or in any recall election, upon penalty of immediate suspension from office or dismissal from employment; provided however, that this section shall not be construed to apply to City Commissioners nor to members of boards, commissions or committees appointed by the City Commission.
(Special Acts, Ch. 63-1826, § 5)
Editor's note:
   Section 5 of Ch. 63-1826, filed with the Secretary of State on June 18, 1963, amended § 32 of Ch. 57-1754 to apply the prohibition to recall elections and to add the proviso.
Sec. 33.  EMPLOYEES PROHIBITED FROM HOLDING ELECTED PUBLIC OFFICE; EMPLOYEES SEEKING PUBLIC OFFICE REQUIRED TO TAKE LEAVE OF ABSENCE.
   (1)   No person elected to public office shall, while occupying the office, be employed by the City of Pompano Beach. Any employee who is elected to public office shall be deemed to have resigned from employment as of the date of administration of the oath of the elected public office.
   (2)   Any employee of the City of Pompano Beach who seeks election to public office shall take a leave of absence without pay during the period in which he or she is seeking election to public office, commencing on the date of filing of qualification papers with the appropriate qualifying officer.
(Ord. No. 86-32, § 2, Am'd. No. 1, 1-14-86, Ratified 3-11-86)
ARTICLE IV:  DEPARTMENT OF FINANCE
Secs. 34.-42.  (RESERVED).
Editor's note:
   Pursuant to the Municipal Home Rule Powers Act, the substantive provisions of Art. IV, sections 33-42 have been transferred to §§ 32.35 (A), (B) and §§ 32.36 through 32.39 of the Code of Ordinances.
ARTICLE V:  CITY CLERK
Sec. 43.  CITY CLERK.
   City Commission shall appoint an officer of the city who shall have the title of City Clerk.  He shall serve at the pleasure of the City Commission and shall be under the direction and control of the City Manager.  He shall receive a salary to be fixed by the City Commission.  He shall give notice of the meetings of the City Commission; shall keep the journal of its proceedings; shall authenticate by his signature and record in full in a book kept for that purpose all ordinances and resolutions; shall attest to and/or countersign by his signature all contracts, bonds and other instruments as required by law; shall perform the duties of registration officer; shall have the power and authority to administer oaths; and shall perform any other duties required by this Charter and as may be assigned by the City Commission or by the City Manager.
(Special Acts, Ch. 63-1826, § 6)
ARTICLE VI:  POLICE DEPARTMENT
Sec. 44.  POLICE DEPARTMENT.
Editor's note:
   Pursuant to the Municipal Home Rule Powers Act, the substantive provisions of Art. VI, section 44, have been transferred to § 32.70 of the Code of Ordinances.
ARTICLE VII:  FIRE DEPARTMENT
Sec. 45.  FIRE DEPARTMENT.
Editor's note:
   Pursuant to the Municipal Home Rule Powers Act, the substantive provisions of Art. VII, section 45, have been transferred to § 32.50 of the Code of Ordinances.
ARTICLE VIII: DEPARTMENT OF PUBLIC WORKS
Secs. 46.-51.  (RESERVED).
Editor's note:
   Pursuant to the Municipal Home Rule Powers Act, the substantive provisions of Art. VIII, sections 46-49, 51, have been transferred to §§ 32.10 through 32.14 of the Code of Ordinances.  Sections 32.13 and 32.14 of the Code of Ordinances were subsequently deleted.
ARTICLE VIII A: DEPARTMENT OF ENGINEERING
Sec. 51.1.  DEPARTMENT OF ENGINEERING.
Editor's note:
   Pursuant to the Municipal Home Rule Powers Act, the provisions of Art. VIII A, section 51.1, have been transferred to § 32.30 of the Code of Ordinances.
ARTICLE IX:  BUILDING DEPARTMENT
Sec. 52.  BUILDING DEPARTMENT.
Editor's note:
   Pursuant to the Municipal Home Rule Powers Act, the provisions of Art. IX, section 52, have been transferred to § 152.02 of the Code of Ordinances.
ARTICLE X:  DEPARTMENT OF PERSONNEL
Sec. 53.  CIVIL SERVICE MERIT SYSTEM.
      (1)   Reserved.
Editor's note:
   Amendment No. 4 of Ord. No. 73-10, enacted Jan. 3, 1973, repealed former subsection (1), “Definitions.”
      (2)   System established:
   There is hereby established for the City of Pompano Beach a system of personnel administration, based on merit principles and scientific methods governing the appointment, promotion, lay-off, suspension, removal and discipline of certain of its officers and employees and other incidents of city employment.  To carry out this system there shall be a Department of Personnel and an Appellate Board to review such personnel actions.
      (3)   Personnel policy and rules:
         (a)   It is hereby declared the personnel policy of the city that employment in the city government shall be based on merit and fitness, free of personal and political considerations; that just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of city government; that positions having similar duties and responsibilities shall be classified and compensated on a uniform basis; that appointments, promotions and other actions requiring the application of the merit principle shall be made according to merit and fitness to be ascertained, so far as practicable, by competitive examinations; that high morale shall be maintained by fair administration and by every consideration of the rights and interests of employees consistent with the best interests of the public and the city; and that tenure of employees covered by this Article shall be subject to good behavior, the satisfactory performance of work, necessity for the performance of work, and availability of funds.
         (b)   The City Commission, by ordinance, shall adopt personnel rules and regulations to effectuate the purposes and intent of this Article; provided, however, that any existing personnel rules or regulations adopted otherwise than by ordinance and existing on April 1, 1963, shall remain in full force and effect, to the extent not inconsistent with this Article, until readopted by ordinance as provided for herein.  Any personnel rules and regulations may also include rules of procedure for the conduct of appeal hearings, including rules of evidence.
      (4)   Classified and exempt service:
   The classified service to which this law shall apply shall comprise all positions in the city government now existing or hereafter established, except the following:
         (a)   The City Commissioners and other elected officials and persons appointed to fill vacancies in elective offices.
         (b)   The City Manager and/or Acting City Manager.
         (c)   The Municipal Judge and Assistant Municipal Judge.
         (d)   The City Attorney and Assistant City Attorneys.
         (e)   The City Clerk.
         (f)   Members of boards, commissions or committees and other persons appointed by the City Commission.
         (g)   Intermittent or temporary and probationary employees.
         (h)   Consultants, counsel, architects, auditors and the like rendering temporary specialized technical and professional services for pay.
         (i)   The Internal Auditor as provided in Section 30.
      (5)   Status of present officers and employees:
   When this Article becomes effective, all persons then holding positions hereunder:
         (a)   Shall have permanent status if they have held their present positions for at least six months immediately preceding the effective date of this Act; or,
         (b)   Shall have a probationary period of six months before acquiring permanent status if they have held their positions for less than six months immediately preceding the effective date of this Act.
      (6)   Personnel Director - administration:
   The personnel program established by this Article shall be administered by the Personnel Director.  The Personnel Director shall be a person who has had experience in the field of personnel administration and is familiar with its principles and methods, and who is in sympathy with the application of merit principles and scientific methods of public employment. The Personnel Director shall perform the duties required by the Personnel Rules and Regulations and such other duties as the City Manager may direct.
      (7)   Employees' Board of Appeals -  Creation:
   There shall be an Employee's Board of Appeals consisting of five (5) members with the powers, duties and qualifications hereinafter enumerated.
      (8)   Employees' Board of Appeals -  Qualifications:
   The members of the Board shall be qualified electors of the city, and shall be in sympathy with the application of merit principles to public employment.  No member of the Board shall be a member of any local, state or national committee of a political party, or an officer or a member of a committee in any partisan political club or organization, or shall hold or be a candidate for any elective public office. No person shall be eligible to be a member of the Board who is a city employee or official, or who is serving the city upon an advisory board or in any capacity except as a member of the Board, nor shall the husband or wife or relative of such person be eligible for membership.
      (9)   Employees' Board of Appeals - Appointment:
   The Board shall consist of five (5) members, two of whom shall be appointed by the City Commission, two of whom shall be appointed by the regular city employees, and the fifth of whom shall be appointed by the City Manager.  Each member shall be appointed for a full six (6) years except that of the members first appointed, the two recommended by the regular city employees shall serve for four (4) years and the one recommended by the City Manager shall be appointed to serve for two years, but the provisions of this section shall not effect the terms of any member of the Board at the time of its adoption.  All members of the Board shall file with the City Clerk an oath to support and defend the Constitution of the United States and of the State of Florida, and to faithfully perform the duties of the office.  Such board shall elect one of its members to serve as chairman for a two (2) year term.
      (10)   Same - Removal of Members:
   A member of the Board shall be removable by the Commission only for cause, after being given a copy of charges against him and an opportunity to be heard publicly on such charges before the Commission.  A copy of the charges and a transcript of the record of the hearing shall be filed with the City Clerk.
      (11)   Same - Compensation; reimbursement for expenses:
   Members of the Board shall serve thereon without recompense, unless otherwise provided by the Commission.  They shall be entitled to reimbursement for necessary expenses.  The necessary secretarial help and financial assistance will be furnished by the city.
      (12)   Same - “Hearings”; quorum:
   The Board shall meet at such times and places as shall be specified by call of the Chairman of the Board or a majority of the Board members.  All hearings shall be open to the public.  Notice of such hearing shall be given in writing to each member by the Personnel Director.  Three members shall constitute a quorum for the transaction of business.
      (13)   Same - Duties.
   It shall be the duty of the Board and it shall have the power to:
         (a)   Hear appeals of any permanent employee hereunder in the method provided in the personnel rules and regulations and as provided in subsection 14.
         (b)   Represent the public interests in the improvement of personnel administration in the city service.
         (c)   Advise the Commission, the City Manager, and the Personnel Director on problems concerning personnel administration.
         (d)   Advise and assist the Personnel Director in fostering the improvement of personnel standards in the city service.
         (e)   Make any investigation which it may consider desirable, concerning the administration of personnel in said departments and to review any personnel action therein which may appear to be arbitrary, capricious or illegal, and make recommendations to the Personnel Director with respect thereto.
         (f)   Make such special reports, as it considers desirable to the Commission and to the City Manager concerning personnel administration and recommendations for improvement therein.
      (14)   Appeals to Board:
         (a)   Any employee holding a classified position to which this Article applies who for disciplinary reasons is dismissed, demoted, reclassified in job position, or suspended for a period in excess of three (3) regularly scheduled working days may appeal such disciplinary action to the City Manager and then to the Board in accordance with the procedure outlined herein and in the personnel rules and regulations; provided, however, than any employee who has received two such suspensions of three regularly scheduled working days within sixty (60) days, or three such suspensions within one hundred twenty (120) days, or four such suspensions within one hundred eighty (180) days, may appeal to the City Manager and the Board in the same manner as other appeals are allowed, the effective date of the last such suspension being the date from which the time within which all actions required to be taken under this Article shall be determined.
         (b)   Disciplinary action resulting in dismissal, demotion, reclassification in job position, or suspension for a period in excess of three regularly scheduled working days shall not become effective unless and until the Personnel Director, or other person legally authorized to take such disciplinary action, shall have, (a) served upon the employee a written “Order of Disciplinary Action” setting forth the action taken and specifying the grounds or reasons for the action and a statement of facts sufficient to enable such employee to understand the charge and make an explanation or prepare his defense; and (b) filed a copy of such order with the Board.  Within five (5) calendar days of the effective date of any such “Order of Disciplinary Action” the aggrieved employee if he desires to appeal the action shall first file an administrative appeal to the City Manager setting forth his explanations and defenses to the charges so made, and the City Manager shall forthwith have an informal hearing in which both sides shall be given an opportunity to be heard.  The City Manager shall make a written decision and shall file a copy of such decision with the Board.  A notice of appeal from the decision of the City Manager must be filed in writing with the Board within ten (10) calendar days from the date such decision is filed with the Board, and a copy of such notice of appeal shall be served on the City Manager.  A copy of the explanations and defenses filed with the City Manager pursuant to the administrative appeal of the employee shall not be filed with the Board, nor shall the employee be entitled to file an answer or response of any nature to the “Order of Disciplinary Action” except that of “Not Guilty.”
         (c)   The appeal shall be heard within thirty (30) days from the date of filing the notice thereof with the Board and the hearing shall be restricted to a consideration of the truth or falsity of the reasons or grounds contained in the written “Order of Disciplinary Action” and the sufficiency of said grounds and reasons to support the disciplinary action taken. At least five (5) calendar days written notice of the time and place of the hearing of the appeal shall be given to the parties in interest.  At the hearing, the Board shall consider only the grounds and reasons contained in the “Order of Disciplinary Action” and shall only admit evidence which tends to prove the factual truth or falsity of the charges against the appellant and the hearing shall be as informal as is compatible with justice.  The Board Chairman shall have the power to issue subpoenas to compel the attendance of witnesses and the production of books and documents in the same manner and under the same conditions as clerks of the circuit courts of this state.  Any such subpoena shall be served by the sheriff or constable of any county in the same manner as other similar subpoenas are so served, or, if directed to persons within the municipal limits of Pompano Beach, Florida, they may be served by any policeman of the City of Pompano Beach, as the Chairman of the Board shall direct.  Subpoenas shall be obeyed by the person or persons to whom directed in the same manner as subpoenas issued by a clerk of a circuit court within the State of Florida and the Board Chairman shall have the same powers to enforce compliance with such subpoenas by contempt proceedings or otherwise as judges of the circuit courts of this state.  The Board Chairman shall also be empowered to administer oaths.  The parties in interest may be represented by counsel.
         (d)   Immediately upon the completion of the hearing of the evidence on the charges, if the appellant desires to assert that the disciplinary action taken against him was taken discriminatorily, arbitrarily, capriciously, or falsely or for any political, religious or racial reason, he may do so by filing with the Board written affidavits supporting such assertions, which affidavits shall not be considered in determining the truth or falsity of the grounds and reasons contained in the “Order of Disciplinary Action” but may be considered only in mitigation of the disciplinary action taken.  Counter-affidavits shall be allowed to be filed by the city to any such affidavits filed by the appellant; copies of all affidavits shall be served upon the City Manager and the appellant.
         (e)   The Board shall, after due consideration, prepare and file a detailed finding of fact regarding the truth or falsity of the grounds or reasons contained in the “Order of Disciplinary Action,” concluding with a judgment affirming, reversing or modifying the disciplinary action against the appellant, said finding of fact and judgment to be filed within ten (10) calendar days after the completion of the hearing, and copies thereof served on all parties in interest. If the Board finds that the grounds and reasons contained in the “Order of Disciplinary Action” are not true, or finds that said grounds and reasons are only partially true, or finds that there are mitigating circumstances warranting reduction of the severity of the disciplinary action, or finds for any good, sufficient, and reasonable cause that the disciplinary action should be modified, it shall also determine, in its discretion, the question of the back pay which the employee shall receive, if any pay has been lost or forfeited.
         (f)   Unless otherwise provided, the original and six (6) copies of any matter or thing required to be filed with the Board shall be filed with the Chairman of the Board, at his home or business address, or with such other person as is designated by the personnel rules and regulations to represent the Board.  A matter or thing is considered filed or served when actually mailed or when delivered by hand and shall bear a certificate as to the date and manner of filing or serving.
      (14.1)   Administrative appeals:
   There shall be provided in the personnel rules and regulations an administrative procedure for the consideration and disposition of grievances and disciplinary actions which are not appealable to the Board under the terms of this Article, with final action thereon to be vested solely in the City Manager.
      (15)   Appeal to courts:
   Either the appellant or the city may seek judicial review of a decision of the Employees Board of Appeals by filing a petition for writ of certiorari in a court of competent jurisdiction within the time limit and according to the procedures established by the applicable Florida Rules of Civil or Appellate Procedure.
      (16)   Refusal of employee to testify:
   If any employee hereunder shall wilfully refuse or fail to appear before this Board, or having appeared shall refuse to testify or answer any questions relating to the charges or specifications then before the Board regarding the conduct of any city employee, he shall forfeit his position and shall not be eligible for appointment to any position in the city service as provided in subsection 17.
      (17)   Disqualification for reappointment:
   Any permanent employee hereunder who is dismissed for cause or who resigns while charges are pending shall be disqualified and ineligible for appointment to or employment in a position in the city service for a period of five years from such action.
      (18)   Penalties:
   Any person who wilfully violates any provisions of this Article shall be guilty of a misdemeanor, and shall upon conviction be punished by a fine of not more than five hundred dollars or by imprisonment for a term not exceeding thirty days, or by both such fine and imprisonment.
      (19)   Amendments:
   The Civil Service system, having been established by a referendum vote, cannot be abolished or substantially changed or modified except upon approval by a referendum vote, except that notwithstanding the provisions of Section 261 of this Charter, all or part of the provisions of Section 53 of this Charter relating to the Employees' Board of Appeals may be amended, supplemented, replaced or superseded by ordinance established by the City Commission, provided that any procedure providing for a post-disciplinary evidentiary hearing for Civil Service employees shall meet the requirements of due process, including an impartial finder of fact, pursuant to applicable law.
(Special Acts, Ch. 59-1763, § 4; Ch. 61-2712, § 14; Ch. 63-1826, §§ 7, 8; Ch. 67-1949, § 10; Ref. of 3-9-76; Ord. No. 86-32, § 2, Am'd. No. 2, 1-14-86, Ratified 3-11-86; Am. Ord. 88-28, passed 1-19-88, Ref. of 3-8-88; Am. Ord. 90-64, passed 9-4-90, Ref. of 11-6-90; Am. Ord. 90-65, passed 9-4-90, Ref. of 11-6-90)
Editor's note:
   Section 14 of Ch. 61-2712, ratified by the electors Aug. 15, 1961, amended subsection (9) of § 53, Ch. 57-1754, previously established by § 4 of Ch. 59-1763, to read as set out.  Section 7 of Ch. 63-1826, filed with the Secretary of State on June 18, 1963, amended subsections (3), (7), (12) and (14) of the same section, to  read as set out, and § 8 of said Act added subsection (14.1).  The editors renumbered the subsections of (14) to conform to the format of the Code.  Ch. 67-1949, § 10, amended subparagraph (1), subsections (b) and (c) of § 53 of Ch. 57-1754, by adding the exception as to patrolmen.
Sec. 54.  PENSION AND RETIREMENT PLANS.
   The pension or retirement plans established and in force and effect on January 1, 1974, may not be abolished nor the benefits thereunder reduced.
(Res. No. 74-109, § 1, Am'd. No. 1, 1-15-74)
Editor's note:
   Section 4 of Ch. 59-1763 approved by the electors April 14, 1959, repealed Art. X, §§ 53 and 54 of Ch. 57-1754 and substituted in lieu thereof a new Art. X containing section 53 as hereinabove set out.  Res. No. 74-109, ratified on Feb. 19, 1974, added section 54.
ARTICLE XI:  MUNICIPAL COURT AND CITY ATTORNEY
Secs. 55. - 61.  (RESERVED).
Editor's note:
   Former Sections 55-61, 64, 64.1, which pertained to the municipal court, have been deleted pursuant to Art. V, § 20(d) (4) of the Constitution of the State of Florida, which provides for the abolishment of all municipal courts effective January 3, 1977.  Said deleted sections had been derived from Special Acts, Ch. 59-1763, §§ 5-7; Ch. 61-2712, § 15; Ch. 63-1826, §§ 9, 10; Ch. 65-2141, § 6; Ch. 67-1949, §§ 11, 12, and Ord. No. 75-46, § 1, and adopted April 8, 1975.
Sec. 62.  CITY ATTORNEY; APPOINTMENT AND QUALIFICATIONS.
   The City Commission shall appoint a City Attorney who and such assistant attorneys as may be necessary, shall act as the legal advisor to, and attorney and counselor for, the municipality and all of its officers in matters relating to their official duties.  He shall be a lawyer of at least two (2) years experience and practice in the Court of the State of Florida.  He shall prepare all contracts, bonds, leases and other instruments in writing in which the municipality is concerned, and shall endorse on each his approval of the form and correctness thereof, but failure to do so shall not affect its validity.  When required to do so by the City Commission, he shall prosecute and defend for and in behalf of the city, all civil complaints, suits and controversies in which the city is a party.  He shall furnish the City Commission, the City Manager, the head of any department, or any officer, board, commission or agency not included in any department, his opinion on any question of law relating to their respective powers and duties.  In addition to the duties specifically imposed under the preceding section, he shall perform such other professional duties as may be required of him by ordinance or resolution of the City Commission, or as are prescribed for city attorneys under the general law of the state, which are not inconsistent with this Charter and with any ordinance or resolution which may be passed by the City Commission.
(Ord. No. 78-33, § 1, 2-28-78)
Sec. 63.  SALARY OF CITY ATTORNEY.
   The (salary of the) City Attorney shall be fixed by the City Commission.
Editor's note:
   References to salaries of the municipal judge and city prosecutor, heretofore contained in section 63, have been removed at the discretion of the editor.  See editor's note to reserved sections 55-61.
Secs. 64. - 64.1.  (RESERVED).
Editor's note:
   See editor's note following reserved sections 55-61.
ARTICLE XII:  ELECTIONS
Sec. 65.  ELECTIONS.
   The City Commission shall, by ordinance, make all regulations which it considers needful or desirable not inconsistent with this Charter, for the conduct of municipal elections, and for the prevention of fraud therein.  Inspectors and clerks of election shall be appointed by the City Commission; or someone designated by the City Commission.
Sec. 66.  ELECTORS.
   Any person who is a qualified elector of Florida shall be a qualified elector of Pompano Beach.
(Res. No. 74-109, § 1, Am'd. No. 2, 1-15-74, Ratified 2-19-74)
Sec. 67.  (RESERVED).
Editor's note:
   Ord. No. 78-33, § 1, adopted Feb. 28, 1978 and approved by the electorate April 18, 1978, repealed former section 67 of the Charter, pertaining to general elections, as amended by Sp. Acts, Ch. 59-1763, § 8, Ch. 61-2712, § 16, and Ch. 65-2141, § 7.
Sec. 68.  NOMINATIONS.
   Any qualified elector of the city, as defined in Section 66 of the city Charter who has been a resident of the city for a period of one year, is registered to vote in the city and who will have reached the age of twenty-one (21) at the time of his taking office, and who is otherwise qualified to be a member of the City Commission, may be a candidate for the City Commission from the district in which he resides.  Each candidate seeking the office of City Commissioner shall file a notice of candidacy and such other papers as may be required by law with the City Clerk within the filing period provided by law, after paying a fee of fifty dollars ($50.00). Such notice shall be filed on forms furnished by the City Clerk and shall be certified by the City Clerk.
(Special Acts, Ch. 63-1826, § 11; Ch. 65-2141, § 8; Ch. 69-1511, § 3; Ref. of 3-9-76)
Sec. 69.  (RESERVED).
Sec. 70.  ELECTIONS; GENERAL.
   A regular or general election of candidates or nominees to the office of city commissioner shall be held each year, on a day established by law.  The candidate or nominee receiving the greatest number of votes for each seat at such general election shall be declared elected.  In the event of a tie among candidates for any seat upon the City Commission in the general election, another election shall be held on the Tuesday following the general election and the candidates receiving the equal votes shall be the only candidates on the ballot for such general election.
(Ord. No. 78-33, § 1, 2-28-78; Am. Ord. 88-28, passed 1-19-88, Ref. of 3-8-88)
Sec. 70.1.  POLITICAL AFFILIATION AND ADVERTISEMENT.
   All elections for the selection of city commissioners shall be non-partisan. No candidate for the office of city commissioner shall designate a political party affiliation in his campaign. Violation of this section shall render the candidate's election to the City Commission null and void, and such vacancy shall be filled in accordance with the provisions of the City Charter.
(Special Acts, Ch. 67-1949, § 13; Am. Ord. 88-28, passed 1-19-88, Ref. of 3-8-88)
Editor's note:
   Ch. 67-1949, § 13, ratified February 21, 1967, amended Article XII of Ch. 57-1754 by adding section 70.1.