Res No 232-12-13789RESOLUTION NO, 232-12-13789
A resolution of the Mayor and City Commission of the City of South
Miami, Florida, terminating the employment of City Manager Hector
Mirabile without cause.
WHEREAS, under the South Miami City Charter, the City Manager serves at the will of the
City Commission and may be removed from office by majority vote the Commission; and
WHEREAS, the majority of the members of the City Commission have lost confidence in
Hector Mirabile, Ph.D. as City Manager, and desire to terminate his services as City Manager; and
WHEREAS, although the City Commission may have valid grounds to terminate Hector
Mirabile, Ph.D. for cause, the laborious legal procedures mandated in the Manager's Employment
Agreement as amended in 2011, combined with the costs of mediation and arbitration and the
considerable time and uncertainty associated with these legal proceedings, favor the more expedient
and possibly less expensive procedure of termination without cause; and
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission hereby terminates the employment of Hector Mirabile
as City Manager, without cause.
Section 2. If any section clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the
validity of the remaining portions of this resolution.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 91h day of November, 2012,
COMMISSION VOTE:
1 Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Harris:
Commissioner Newman
Commissioner Welsh:
3 -2
Yea
Nay
Yea
Nay
Yea