Chapter 20 - EXECUTIVE OFFICE OF THE MAYOR

TITLE III - EXECUTIVE BRANCH Chapter 21 - EXECUTIVE BRANCH, GENERALLY Chapter 20 - EXECUTIVE OFFICE OF THE MAYOR[1]

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Charter reference— Mayor generally, § 6.01 et seq.; appointment of directors of departments, § 7.101; appointment of division chiefs, § 7.102; recall by voters, § 15.01.

State Law reference— Ethics in government, Fla. Const. Art. II, § 8; suspensions, filling office during suspensions, Fla. Const. Art. IV, § 7; mayor to appoint members to Jacksonville Transportation Authority, F.S. § 349.03(2); Mayor to approve agents of societies for prevention of cruelty to children or animals, F.S. § 828.03(2).

PART 1. - GENERAL[2]

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Editor's note— The designation "Part 1. General" has been added at the editor's discretion.

Sec. 20.101. - Mayor's absence or incapacity; further succession.

If the Mayor, Council President and Vice President of the Council are simultaneously absent from Duval County, or simultaneously incapable of acting as Mayor and incapable of delegating the duties of the office of Mayor, the order of automatically becoming Acting Mayor under the provisions of Section 6.08 of the Charter during the simultaneous absence or incapacity of the officers previously named shall be the chairman of the Committee on Rules of the Council and then the chairman of the Committee on Finance of the Council.

(Ord. 76-806-393, § 1; Ord. 83-591-400, § 1)

Note— Former § 10.101. At the City's direction, "President pro tempore" was changed to "Vice President."

Sec. 20.102. - Reserved.

Editor's note— Ord. 2011-732-E, § 2, amended the Code by repealing former § 20.102 in its entirety. Former § 20.102 pertained to the Director of Employee Relations, and derived from Ord. 71-624-315, § 1; and Ord. 83-591-400, § 1.

Sec. 20.103. - Procedures involving vacancies of certain appointed positions.

(a)

Whenever a vacancy shall occur for any reason whatsoever in a position appointed by the Mayor and confirmed by the Council (except members of boards, commissions and authorities and elected officials of the City), the Mayor may designate in writing a qualified person to assume the powers and duties of the vacant position in one of two capacities: interim or acting.

(b)

An "Interim" employee is designated with the intention of being a temporary replacement to the vacant position before, and until, an "Acting" employee is designated according to paragraph (c) below. Legislation is not required or involved in designating an employee as an "Interim" employee, and "Interim" employees shall not be required to possess any residency, experience or other qualifications necessary for the permanent official. Such an employee shall be known as and designated as "Interim" before the name of the position which is being filled. The Mayor may make such "Interim" designation at any time prior to the expiration of, and for a period no longer than, 90 days from the date on which the vacancy occurred. Upon the expiration of the 90-day period, no person may be designated to assume the powers and duties of the vacant position in an "Interim" position. While a position is filled by an "Interim" employee pursuant to this Section:

(1)

The "Interim" employee shall be authorized automatically and immediately to exercise and perform the powers and duties of the vacant position on a temporary basis, which powers and duties shall be in addition to the employee's existing powers and duties;

(2)

The "Interim" employee shall, upon the Mayor's designation of the employee as "Interim" and while the employee is functioning in the "Interim" position, receive an appropriate increase in compensation as directed by the Mayor. The compensation for an "Interim" employee shall not exceed the maximum of the pay range of the "Interim" position being filled. Under no circumstance shall the "Interim" employee receive compensation for both the employee's regular position and the "Interim" position; and

(3)

All correspondence related to such position shall carry the designation of "Interim."

Any person serving in an "Interim" capacity shall not continue to act in such capacity, or continue to receive compensation for acting in such capacity, if the Mayor designates an "Acting" employee for the same position, pursuant to the procedures outlined in this Section.

(c)

An "Acting" employee is identified with the intention of being the permanent replacement to the vacant position. In order to be considered an "Acting" employee, legislation confirming the Mayor's designation must be submitted for Council approval immediately following the Mayor's designation. Such an employee shall be known as and designated as "Acting" before the name of the position which is being filled until the appointment to such position has been confirmed by the Council. While a position is filled by an "Acting" employee pursuant to this Section:

(1)

The "Acting" employee shall be authorized automatically and immediately to exercise and perform the powers and duties of the vacant position;

(2)

The "Acting" employee shall, upon the Mayor's designation of the employee as "Acting," receive compensation at the appropriate level within the pay range of the position, commensurate with education and experience, as directed by the Mayor; and

(3)

All correspondence related to such position shall carry the designation of "Acting."

Any person serving in an "Acting" capacity shall not continue to act in such capacity, or continue to receive compensation for acting in such capacity, if the Mayor or the Council withdraws or denies the bill confirming such appointment.

(Ord. 77-997-544, § 1; Ord. 83-591-400, § 1; Ord. 91-1286-520, § 1; Ord. 2022-571-E, 8-24-22)

Note— Former § 10.103.

Sec. 20.104. - Administrative aides.

The Mayor is authorized to appoint administrative aides as provided in Section 6.07 of the Charter, who shall be exempt from the classified civil service as provided in Section 17.06(j) of the Charter. Each administrative assistant shall perform such duties as the Mayor may prescribe.

(Ord. 83-591-400, § 1)

Sec. 20.105. - Compensation of private secretary and administrative aides.

The Mayor is authorized to fix the compensation of the personal secretary and of the administrative aides he is authorized to appoint under Section 6.07 of the Charter, subject to personnel and budgetary limitations.

(Ord. 83-591-400, § 1)

Sec. 20.106. - Detail of employees of executive departments to executive office of Mayor.

Employees of the executive departments (including the offices under the control of the independent elected officers) may be detailed from time to time to the executive office of the Mayor for temporary assistance. The salaries or wages and benefits of an employee so detailed shall be paid by the executive department from which the employee was detailed, with or without reimbursement by the executive office of the Mayor, as directed by the Mayor.

(Ord. 83-591-400, § 1)

Sec. 20.107. - General authorization to delegate functions.

The Mayor is authorized to designate and empower the head of a department or agency in the executive branch, an official thereof who is required to be appointed with the consent of the Council or the Chief Administrative Officer or an administrative assistant appointed under Section 6.06 of the Charter to perform without approval, ratification or other action by the Mayor (a) a function which is vested in the Mayor by law or (b) a function which the officer is required or authorized by law to perform only with or subject to the approval, ratification or other action of the Mayor; provided, that nothing contained herein shall relieve the Mayor of his responsibility in office for the acts of the head or other official designated by him to perform the functions. The designation and authorization shall be in writing, shall be subject to such terms, conditions and limitations as the Mayor may deem advisable and shall be revocable at any time by the Mayor in whole or in part.

(Ord. 83-591-400, § 1)

Sec. 20.108. - Scope of delegation of functions.

The authority conferred by Section 20.107 shall apply to any function vested in the Mayor by law if the law does not affirmatively prohibit delegation of the performance of the function as herein provided for or specifically designate the officer or officers to whom it may be delegated. Section 20.107 shall not be deemed to limit or derogate from an existing or inherent right of the Mayor to delegate the performance of functions vested in him by law and nothing herein shall be deemed to require express authorization in any case in which the official would be presumed in law to have acted by authority or direction of the Mayor.

(Ord. 83-591-400, § 1)

Sec. 20.109. - Definitions.

As used in Sections 20.107 and 20.108, the term function embraces a duty, power, responsibility, authority or discretion vested in the Mayor or other officer concerned and the terms perform and performance may be construed to mean exercise.

(Ord. 83-591-400, § 1)

Sec. 20.110. - Mayoral transition.

(a)

The Council declares it to be the purpose of this Section to promote the orderly transfer of the executive authority in connection with the expiration of the term of office of a Mayor and the inauguration of a new Mayor. It is the intent of the Council that appropriate actions be taken to avoid or minimize disruption in the activities of the Consolidated Government during these transitions. In addition to the specific provisions contained in this Section directed toward this purpose, it is the intent of the Council that all officers of the Consolidated Government so conduct the public business for which they are responsible as (1) to be mindful of the problems occasioned by transitions in the office of Mayor, (2) to minimize disruptions that might be occasioned by the transfer of the executive authority and (3) otherwise to promote orderly transitions in the office of Mayor.

(b)

The following services and facilities are authorized to be provided to the Mayor-elect:

(1)

The Director of Finance and Administration, Public Works, as applicable are authorized to provide, upon request, to the Mayor-elect, for use in connection with his preparations for the assumption of official duties as Mayor, necessary services and facilities, including:

(i)

Suitable office space appropriately equipped with furniture, furnishings, office machines and equipment, and office supplies, as determined by the Mayor-elect or his representative provided for in subsection (d) of this Section, either in public buildings or in privately owned buildings leased by the City for this purpose. In the case of office space provided in privately owned buildings leased by the City, the lease shall provide that the term of the lease shall expire on the day before the Mayor-elect assumes office as Mayor and that the rent paid for the leased space shall not exceed the usual rent paid by the City for similar office space for other public purposes.

(ii)

Payment of the compensation of personal aides designated by the Mayor-elect at rates determined by him; provided, that an employee of a City agency may be detailed to the office staff of the Mayor-elect on a reimbursable basis with the consent of the agency head and, while so detailed, the employee shall be responsible only to the Mayor-elect for the performance of his duties; and further provided, that an employee so detailed shall continue to be a City employee and receive the compensation provided for his regular employment and shall retain the rights and privileges of his employment without interruption. Except for employees detailed from City agencies, personal aides designated by the Mayor-elect shall not be held or considered to be City employees for any reason whatsoever, unless otherwise required by law.

(iii)

Payment of travel expenses and subsistence allowances found necessary by the Mayor-elect, subject to the limitations and conditions of Part 7, Chapter 106. For the purposes of travel expense reimbursement, the Mayor-elect shall be considered the approving authority.

(iv)

Communications services found necessary by the Mayor-elect. These services shall be provided by the Communications Division, unless the Communications Officer certifies that the services cannot be provided by the Division, when the Director is authorized to procure the services from other suppliers as provided in the Purchasing Code.

(v)

The use of the postal facilities of the City and of the interoffice mail system for official communications by the Mayor-elect. These facilities may not be used by the Mayor-elect in connection with any matter not directly connected with his assumption of office.

(vi)

Payment of expenses for the procurement of services of experts or consultants for the Mayor-elect. These services shall be procured in accordance with the Purchasing Code.

(2)

The Director shall expend funds for the provisions of services and facilities under this Section in connection with obligations incurred by the Mayor-elect only during the period commencing on the day following the general Consolidated Government election at which the Mayor-elect is elected and ending on the day before the Mayor-elect assumes office as Mayor, and not before or after this period. Obligations incurred by the Mayor-elect during this period may be paid by the Director after the Mayor-elect assumes office as Mayor.

(c)

As used in this Section, Mayor-elect means a person who is the apparent successful candidate for the office of Mayor, as ascertained by the Election Canvassing Board under Section 350.112. The term also applies to the Council President when the Mayor has resigned from office but the resignation will take effect at some time after the date on which it is submitted and the period mentioned in subsection (b)(2) of this Section shall commence on the day after the day the resignation is submitted and end on the day before the Council President assumes office as Mayor.

(d)

The Mayor-elect may designate to the Director one person authorized to make on his behalf such designations or findings of necessity as may be required in connection with the services and facilities to be provided under this Section. The Mayor-elect may withdraw this authorization at any time and name another person as his authorized representative.

(e)

In the case where the Mayor-elect is the incumbent Mayor, there shall be no expenditure of funds for the provision of services and facilities under this Section and funds appropriated for this purpose shall be returned to the Treasury as unappropriated funds.

(f)

The Director is authorized to provide, upon request, to the former Mayor, for a period not to exceed six months from the date of the expiration of his term of office as Mayor, for use in connection with the winding up of the affairs of his office, necessary services and facilities of the same general character as authorized by this Section to be provided to the Mayor-elect. City employees may be detailed to the office staff of the former Mayor under the provisions and limitations of subsection (b)(1)(ii) of this Section. The provisions of this subsection shall be applicable to a Mayor who resigns before the expiration of his term of office as Mayor, except in the case of a resignation while the Mayor is charged with the commission of a crime involving the performance of his official duties. The provisions of this subsection shall not be applicable to a Mayor who is removed from office for any reason whatsoever.

(g)

The following funds are hereby authorized to be appropriated to carry out the purposes of this Section:

(1)

Not more than $50,000 for the use of the Mayor-elect under the provisions of subsection (b) of this Section.

(2)

Not more than $25,000 for the use of the former Mayor under the provisions of subsection (f) of this Section.

The Mayor shall include in the legislative budget transmitted to the Council for the fiscal year in which the regular term of office of the Mayor will expire a proposed appropriation for carrying out the provisions of this Section. In the case of the resignation of the Mayor before the expiration of his term of office, a supplemental appropriation request may be transmitted to the Council by the Mayor for carrying out the provisions of this Section.

(h)

It shall be the duty of an outgoing Mayor to transmit to the Mayor-elect during the transition process a written document outlining the City's current responsibilities and obligations for provision of services under the terms of the various interlocal agreements between the City and Urban Service Districts 2, 3, 4 and 5. The Mayor-elect shall ensure that each department, division, or office within the City government that manages, oversees or has direct or indirect responsibilities regarding the coordination, management, oversight of, or provision of services pursuant to those interlocal agreements provides appropriate training to the staff designated for management, coordination and/or oversight of such functions to ensure their understanding of the components of each of the particular interlocal agreements and the City's responsibilities for continuity of service provision under those interlocal agreements.

(Ord. 83-591-400, § 1; Ord. 2010-557-E, § 11.5; Ord. 2011-732-E; Ord. 2015-1-E, § 1; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

PART 2. - OFFICE OF THE BLIGHT INITIATIVE[3]

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Editor's note— Ord. 2016-140-E, §§ 1 and 2, amended the Code by repealing former Pt. 2, § 20.201, and adding a new Pt. 2. Former Pt. 2 pertained to the Education Officer, and derived from Ord. 2011-732-E, § 4.

Sec. 20.201. - Office of the Blight Initiative; Establishment; Functions.

There is hereby established in the Executive Office of the Mayor the Office of the Blight Initiative. The Office will operate under the authority and direction of the Chief Administrative Officer. This office will establish City-wide blight elimination programs and initiatives as directed by the Mayor, and will serve as the Mayor's Office liaison and oversight entity to all operational departments implementing blight elimination programs and initiatives.

(Ord. 2016-140-E, § 2)

PART 3. - PUBLIC AFFAIRS

Sec. 20.301. - Public Affairs; Establishment; Functions.

There is hereby established in the executive Office of the Mayor the Public Affairs Function. Public Affairs shall be responsible for the following functions: providing public information, public relations, printed items, photographic items, audio products, video products, items relating to the internet as well as advertising in all publications of the Consolidated Government, as well as all media (including radio, television and the internet). The revenues obtained from any sales shall be used only to assist in defraying operational, publication and production costs and expenses of the Public Affairs Function.

(Ord. 2011-732-E, § 5)

PART 4. - DIRECTOR OF STRATEGIC PARTNERSHIPS[4]

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Editor's note— Ord. 2019-395-E, §§ 5 and 6, amended the Code by repealing former Part 4, § 20.401, and adding a new Part 4. Former Part 4 pertained to the Philanthropic Officer, and derived from Ord. 2016-140-E, § 4.

Sec. 20.401. - Director of Strategic Partnerships; Establishment; Functions.

There is hereby established a Director of Strategic Partnerships within the Executive Office of the Mayor. The Director of Strategic Partnerships will operate within the Office of the Mayor under the authority and direction of the Chief Administrative Officer. The Director of Strategic Partnerships will facilitate collaborations and partnerships with the public, private and philanthropic sectors to develop a shared commitment to work together. The Director of Strategic Partnerships will serve as the Mayor's designate to the Mayor's Education Initiative Trust Fund.

(Ord. 2019-395-E, § 1)

PART 5. - DATA MANAGEMENT AND ANALYSIS OFFICER

Sec. 20.501. - Data Management and Analysis Officer; Establishment; Functions.

There is hereby established a Data Management and Analysis Officer within the Executive Office of the Mayor. The Data Management and Analysis Officer will operate within the Office of the Mayor under the authority and direction of the Chief of Staff. This Officer will gather, review and evaluate all available City data, as may be generated by the Office of City Link/630-CITY or other established data banks to provide strategic planning and/or program or other operating activity evaluations to ensure cost effective services or anticipated program results.

(Ord. 2016-140-E, § 4)

TITLE III - EXECUTIVE BRANCH Chapter 21 - EXECUTIVE BRANCH, GENERALLY