§ 59. Same—Applicability of Act to Police and Fire Department Personnel.  


Latest version.
  • (a)

    The members of the police and fire departments of the City of Orlando, Orange County, Florida, except as hereinafter provided, shall, after the passage and final approval of this Act, be and they are hereby constituted civil service employees of said City and shall be employed, retained, governed, directed and discharged as hereinafter provided.

    (b)

    All persons regularly employed by the City of Orlando as police officers, fire officers, policemen and firemen and those persons who are members of the police and fire departments engaged in clerical work solely for the police and fire departments shall come within the provisions of this act; provided, however, that the director of public safety, the chief of police, the deputy chiefs of police, the chief of the fire department, the deputy chiefs of the fire department and any officer or person employed for temporary duty only shall not be construed to come within the provisions of this act. The chiefs of the police and fire departments shall hereafter be responsible directly to the director of public safety of the City for the performance of their duties. Deputy chiefs of police and deputy chiefs of the fire department shall be responsible directly for the performance of their duties to the chief of police and chief of the fire department respectively. All persons appointed to the rank of deputy chief of police subsequent to the effective date of this act shall be nominated by the chief of police, approved by the director of public safety and confirmed by the mayor and shall serve at the pleasure of the chief of police. All persons appointed to the rank of deputy chief of the fire department subsequent to the effective date of this act shall be nominated by the chief of the fire department, approved by the director of public safety and confirmed by the mayor and shall serve at the pleasure of the chief of the fire department. All persons, as of the effective date of this act, who are on civil service status and hold the rank of deputy chief of police or deputy chief of the fire department on a regular basis shall not be subject to removal from that rank solely at the pleasure of the chief of police or chief of the fire department and shall retain all privileges and benefits they are entitled to under the civil service law.

    (c) (1) Any member of the police or fire department who is on civil service status and is appointed to fill a vacancy as director of public safety, chief of police, deputy chief of police, chief of the fire department or deputy chief of the fire department shall not, by accepting said appointment, forfeit any rights, privileges or rank attained under civil service, but shall upon termination of his appointment as director of public safety, chief of police, deputy chief of police, chief of fire department or deputy chief of the fire department, revert immediately to the rank held prior to accepting appointment or to which he may be entitled under Section (5)(2) of this act [subsection (c)(2) of this Section], and shall be immediately entitled to all of the rights and privileges under the civil service law to which he would have been entitled had he not accepted appointment or to which he may be entitled under Section 5(2) of this act [subsection (c)(2) of this Section].

    (2)

    Subsequent to the effective date of this act any person who serves in any permanent rank and who is on civil service status or who has immediately prior to so serving and who left same in good standing may take promotional examinations for advancement to a permanent police or fire department civil service rank higher than the permanent police or fire department civil service rank currently held by said person or that was held by said person immediately prior to so serving. Upon successful passage of the promotional examination, fulfillment of all other matters required by law and selection for promotion, said person shall have reserved for him the permanent police or fire department civil service rank to which he is then eligible for promotion as of the day earlier than the date of rank of any and all other persons promoted to the particular police or fire department civil service rank on that promotion cycle. The permanent police or fire department civil service rank so reserved shall take effect when said person no longer serves as director of public safety, chief of police, deputy chief of police, chief of the fire department, deputy chief of the fire department, and has been returned to duty at a rank lower than deputy chief of police or deputy chief of the fire department.

(Laws of Fla. ch. 26091(1949), § § 1, 2, 5; Laws of Fla. ch. 71-809, § § 1, 2; Laws of Fla. ch. 73-575, § § 1, 2)