Res No 088-10-13122RESOLUTION NO: 88-10-13122
A resolution of the Mayor and City Commission of the City of South Miami, Florida,
ratifying the prior termination of W. Ajibola Balogun as City Manager and expressing the
desire of the City Commission not to reinstate or re- employ W. Ajibola Balogun, as City
Manager; and providing for an effective date.
WHEREAS, the City Manager in the City of South Miami serves at the will of the
majority of the City Commission, and
WHEREAS, on October 6, 2009, the City Commission, by majority vote of its members,
terminated W. Ajibola Balogun ( "Balogun ") as City Manager, and
WHEREAS, on October 8, 2009, the City Commission passed Resolution 165 -09 -12974
memorializing the termination of the employment of Balogun as City Manager, and
WHEREAS, Balogun has filed a lawsuit in the Miami -Dade Circuit Court challenging
the process utilized to terminate his employment and seeking reinstatement to the position of City
Manager, and
WHEREAS, the City Commission desires to ratify the termination of Balogun by the
prior City Commission and further desires to express its desire not to reinstate or re- employ
Balogun.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF TIIE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission hereby ratifies the termination of former City
Manager Balogun.
Section 2. While the City believes the process used to terminate Balogun was
lawful and proper, should the Circuit Court conclude that the termination of Balogun was
procedurally or substantively improper or defective then Balogun's termination shall be deemed
to occur upon the passage of this Resolution.
Section. 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 1 9th day of Apr i i 2010.
ATTEST:
*C'YLERK
READ AND APPROVED AS TO FORM
AND S PI IENCY:
City Attorney
COMMISSION VOTE: 4 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
Commissioner Palmer:
absent