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Res No 248-12-13805RESOLUTION NO. 248 42 -13805 A Resolution amending Resolution No. 244 -12 -13801 appointing a City Manager for a limited period of time. WHEREAS, pursuant to Art. III, Section 4 of the City Charter, the City Commission of the City of South Miami has the authority to appoint an Acting City Manager to serve for the period of temporary absence or disability of the City Manager when the City Manager fails to recommend an Acting City Manager beforehand; and, WHEREAS, the City Manager was fired without recommending an Acting City Manager and Mr. Kelly Barket, Jr. was appointed by the City Commission as Acting City Manager during the temporary absence of a City Manager until someone could be selected for that office; and, WHEREAS, the City Commission desire to appoint a temporary City Manager until a more permanent City Manager can be selected by the City Commission but for a period of time not to exceed five months; and WHEREAS, the City, by Resolution on November 29, 2012, approved Mr. Steven John Alexander as the best candidate to act as the City's temporary City Manager; and WHEREAS, the City and Mr. Steven John Alexander desire to enter into a binding written contract before Mr. Alexander takes office. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Resolution No. 244 -12 -13 801 is hereby amended to read as follows: Section 1: Steven John Alexander is appointed to serve as City Manager until a more permanent City Manager is selected, for a period no longer than five months or as extended by the Commission and provided the City pproves a contract satisfactory to the City and Mr. Alexander. Section 2: That Kelly Barket, Jr.'s position as Acting City Manager is hereby ter,�minat shall continue until a contract is approved between Mr. Alexander and the City. Thereafter Mr. Barket, Jr 's services will no longer be needed as Acting City Manager and his term as Acting City Manager shall be concluded. Section 3: 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 Page I of 2 Res. No. 248 -12 -13805 shall not affect the validity of the remaining portions of this resolution. Section 4. This resolution shall become effective immediately upon adoption by vote of the City Commission, PASSED AND ADOPTED this 4th day of December , 20120 READ LANG .PPROVED LEGALLP F ATTORNEY IC6707.1►5� Page 2 of 2 COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea RESOLUTION NO. 244-12-13801 A Resolution of the Mayor and City Commission for the City of South Miami appointing a City Manager for a limited period of time. WHEREAS, pursuant to Art. III, Section 4 of the City Charter, the City Commission of the City of South Miami has the authority to appoint an Acting City Manager to serve for the period of temporary absence or disability of the City Manager when the City Manager fails to recommend an Acting City Manager beforehand; and, WHEREAS, the City Man Manager and Mr. Kelly Barket, Jr. Manager during the temporary z selected for that office; and, rger was fired without recommending an Acting City was appointed by the City Commission as Acting City bsence of a City Manager until someone could be WHEREAS, the City Commission desire to appoint a temporary City Manager until a more permanent City Manager can be selected by the City Commission but for a period of time not to exceed five months. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. Steven John Alexander is appointed to serve as City Manager until a more permanent City Manager is selected, for a period no longer than five months, or as extended by the Commission. The City Manager shall be paid a fee payable biweekly, and without any benefits other than FICA, in the amp 7 term in office as n tempor -afy City Manager chaff end upon the Section 2: That Kelly Barket, Jr.'s position as Acting City Manager is hereby terminated. Section 3: 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 4. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this 29`x' day of November, 2012. Page 1 of 2 APPROVED, MAY U' Res. No. 244 -12 -13801 RM, COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea W: \My Documents\Requisitions \Resolution Acting City Manager4 rev ca.doc Page 2 of 2