Ord No 17-10-2042ORDINANCE NO.
17 -10 -2042
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, proposing to the City's electors amendments to Articles III
and VI of the City's Charter to provide that all department directors
appointed by the City Manager shall be subject to the approval or rejection
by the City Commission; providing for the proposed amendment to be
submitted to the City's electors at the next General Election of November 2,
2010; providing ballot language; directing the City Clerk to take all
necessary actions to carry out the provisions of this ordinance; providing an
effective date for the amendment and directing the City Clerk to incorporate
the amendment into the charter and to rile the revised Charter with the
Florida Department of State; providing for severability, conflict, and an
effective date.
WHEREAS, under the City's existing Charter the City Manager appoints all department
directors and the City Commission has no role in that process, and
WHEREAS, the City Commission believes that it is in the best interest of the residents of
the City that it review and either approve or reject the appointment of department directors
recommended for hire by the City Manager, and
WHEREAS, amendments to the City's Charter must be approved by referendum vote of
the City's electors, and
WHEREAS, the City Commission desire to present the proposed Charter amendment to
the City's electors at the next regularly scheduled general election to be held on November 2,
2010.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Subject to the approval of the City's electors at the next general election
on November 2, 2010, Article III, Section 5, and Article VI, Section 7, of the City's Charter shall
be amended to read:
ARTICLE III
THE CITY MANAGER
SECTION 5. Powers and Duties
The City Manager shall be the chief executive officer and head of the administrative
branch of the City government. He or she shall be responsible to the Commission for the proper
Pagel of 3
Ord. no. 17 -10 -2042
administration of all affairs of the City. He or she shall have the following powers and duties to:
A. Appoint and, when necessary for the good of the City, remove any non- elective
officers or employees of the City (excepting those authorized to be appointed and removed by
the City Commission), providing such removal does not conflict with Civil Service provisions.
However, the City Manager may not appoint any department director without first obtaining the
consent of a majority of the members of City Commission at a duly noticed City Commission
meeting. Procedures for presentation of the Manager's candidates to the City Commission may
be specified by ordinance.
ARTICLE VI
GENERAL PROVISIONS
SECTION 7. Autonomy
Neither the Commission nor any of its members shall direct or request the removal
appointment of any person t , r : ~' °~ ~° ~ ° °' from office by the City Manager or by any of
his or her subordinates, or in any manner take part in the appeinti eater removal of officers and
employees in the administrative service of the City. Except for the purpose of inquiry and for the
purpose of interviewing any candidate for department director rior to appointment by the City
Manager subject to the City Commission's approval, 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 to any subordinates of the City Manager, either publicly or
privately. This section shall not apply to officers appointed under Article II, Section 7 of this
Charter.
Section 2. The result of the referendum shall be determined by a majority vote of the
electors of the City of South Miami voting on the question.
Section 3. The ballot title and substance of the amendment which shall appear on the
ballot shall be in the following form:
Title: REQUIRING THE CITY MANAGER TO SEEK CITY COMMISSION
APPROVAL OF DEPARTMENT DIRECTOR APPLICANTS.
Ballot Question: THE CITY'S EXISTING CHARTER PROVIDES THE CITY
COMMISSION WITH NO ROLE OR OVERSIGHT AS TO THE CITY MANAGER'S
SELECTION OF DEPARTMENT DIRECTORS. SHALL ARTICLE III, SECTION 5,
AND ARTICLE VI, SECTION 7, OF THE CITY'S CI-TARTER BE AMENDED TO
REQUIRE THE CITY MANAGER TO PRESENT TO THE CITY COMMISSION FOR
Ord. No. 17 -10 -2042
ITS APPROVAL OR REJECTION ALL INDIVIDUALS HE OR SHE SEEKS TO
APPOINT TO SERVE AS DEPARTMENT DIRECTORS?
YES
NO
Section 4. Notice of the election and a sample ballot showing the manner in which
the question will appear on the ballot shall be published in a newspaper of general circulation in
the City of South Miami in accordance with the elections laws of the State of Florida.
Section 5. The City Clerk is directed to take all necessary and proper actions to carry
out the provisions of this Ordinance.
Section 6. Upon adoption of the amendment by a majority of the City's electors
voting on the amendment, the City Clerk shall have the amendment incorporated into the Charter
and file the revised Charter with the Florida Department of State. The amendment shall be
effective upon certification of the results of the referendum.
Section 7. If any word, phrase, clause, section or subsection of this Ordinance is
ruled invalid or unconstitutional by a court of competent jurisdiction, the invalidity thereof shall
not affect the validity of the remaining portions of this Ordinance.
Section 8. All sections or parts of sections of the City's Charter, Code of Ordinances,
or Resolutions that conflict with this Ordinance or the Charter amendment proposed herein are
repealed, but only to the extent of the conflict.
Section 9. This Ordinance shall take effect immediately upon adoption.
PASSED AND ADOPTED this August 17 2010.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ A�401 PPROVED AS TO FORM
AND F CIENCY:
CI Y ATTORNEY
I'tReading— 8/3/10
2nd Reading — 8/17 /1 0
COMMISSION VOTE
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley
Commissioner Harris:
Commissioner Palmer:
3 -2
Yea
Yea
Nay
Yea
Nay
i ,
r X%'�rt1.
x�f
�'aiu ly.
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: The Honorable Mayor, Vice Mayor Date: August 17, 2010
and Commissioners
FROM: Mark A. Goldstein, Deputy City Attorney /yJV RE: Agenda Item #
Ordinance:
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, proposing to the City's effectors amendments to Articles III
and VI of the City's Charter to provide that all department directors
appointed by the City Manager shall be subject to the approval or rejection
by the City Commission; providing I for the proposed amendment to be
submitted to the City's electors at `the next General Election of November 2,
2010; providing ballot language; directing the City Clerk to take all
necessary actions to carry out the provisions of this ordinance; providing an
effective date for the mendinent aced directing the Ciiy Clerk to jneorporate
the amendment into 'the charter and to isle the revised Charter with the
Florida Department of State;` providing for severability, conflict, and an
"`Aei'f dive date''
RECOMMENDED AMENDMENT:
The following amendment to the Ordinance has been recommended by the Department of
Electioits 'due to "the fact That F. S' 1011:161 (1) IffnW )the title question to 15 words (the
title question of out Ordinance as presented on` 15` reading'has 28 words)
The above recommended change does not have any impact on the actual question to be
presented to the voters in the referendum.
Approval of the Ordinance on 2 °d reading, with the change in the title question is
recommended.
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MIAMI DAILY BUSINESS REVIEW
Published Dally except Saturday, Sunday and
Legal Holidays
Miami, Miaml-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review We Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Miami -Dade' -
County, Florida; that the affached-copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - AUGUST 17, 2010
in the XXXX Court,
was published in said newspaper in the issues of
08/06/2010
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a .
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, re ie,.cogt„mission or refund for the purpose
of securi_.. _ s advertiseme t for publication in the said
subscribed before me this
06 day cf AUGUST • /, P).D. 2010
(SEAL)
MARIA MESA personally known to me
oSPRY °4gy Notary Pu0110 Slate of Florida
r ^ veirgrriC@ Pared
C ,kr My Gbmmi$3ion 00819771
Expires 0910 312 01 2
CIT. OP SC1UTH MIAMI
s 1 ,
NOTICE IS FjEREBY grveri'that iha CityCommission 6fihe Giy of Soulhi
Miami, Florida 'wdi _1= Ua a Public Hearing at. its reguiar „City' 11
Commission meeting soheduled96rTuesday, August i7; 2010 begmh'no
at 7:30 p. in the City, Commission Chamhers 6930 Sunset
m. Drive "'.td
cons�derthefptlowing ifepl(S) s �. -
qn Ordifiaibce of th`4vayor,a d`C1}y.CoMm real,
oh pf the Cily Iii
South Miamr F,londa "prop'osm9:,to fhn �4'ity's aleptera
amendments ioArticlesmi andyl pf the Gtiy s Chaderto proUide
that alldepaRmenf' diractors eppointed by the C)y Manager
111 shall be subJeCt to the Appfoyal,pr ralecaon
Commission providing dor thg prpposed amendmem to be .4
submitted tp ibe Giy s electors (lithe next General Elactron of
Nnvemb @@r 2 2870 p�gyidmg balio3language dlrgcting the city - „
Clerkto fake alt necessary actions to carry out.the pro>tsn6.1svf
1 this Ardtfiance providing
'it effedave date toetle amendmenf
and diregtmg they city Clerkio lncorpomta the amendment into
the charter and to irie the revised- Cpaiter with. the Fonda A'
Department of Stater.prpwdgig for seuerabtUty eonfl+et and an /1
effectrve;date r ' r. i
An Ordinance of the iviayor'and Gty Commission of 1 Clfy of t
South Miami Fforldayq amending ?Etta Soulh.M�ami Cods of ;a
Ordmarices by preatfrig Chapter tlgA "TowmF3 for T'D ntli
regulating towing witbm the city proVrdrhg rfor bphl6pf
severabiilty and an atfeatrved "ate `
An Ordinanca of iha Mayor and City 6pmmissioN'of the City of
South tfliami Ftpnda relating to Artcple III - '',Boards and
- Committees of the Code of
ng
11 ordinances amendi Parks and
Recreation hoard section 2 26 3 {a }: and (c) by increasing` the
ndmbeP'of votrng }nernbers from seven (7) to nrna (g) updating ".:;
providing an ettective (late.
A Resolution of the Mayor, and City' Commissidn'of the bitty of,;"-,;
South Miami, Florida,. relating tp.,financiaiq�audit §ervices,.::
authorizing the Acting City Manager to hire :a new .(irEancial.
auditor and execute a two -year audit comractwfth:the4bdiiiirm `
of Keefe, McCullough & CO. LLP., with the option to renew for
one year, if so desired by the City, and providing for an effectiye:
date.
ALL interested parties are invited to attend and will be Beard.
For'tudher information, please contact the City Clerk's Office at:;
30 &8636340. ;�
Maria M. Menendez, CMC
Pursuant to Florida Statutes 286.0105, the City hereby advises tF)e public
that if a person decides to appeal any decision made by, this Board,
Agency or Commission' with respect to any matter considered ai -1fsr .
meeting or hcadng, he oishe will need a record of the proceedings, and
that for such purpose, affected person may need to ensure ihata verbatim
record of the proceedings is made which record includes the testimony
sand evidence upon which the appeal is to be basad."
`8! &: zrt' .. 10- 3- 247 /15362rjeU,