Ord No 04-14-2182Ordinance No. 04-14-2182
An Ordinance investing authority in the City Manager to amend the City of
South Miami Personnel Rules if not in conflict with Chapter 16A.
Whereas, the City Charter does not require City Commission approval of the City's
personnel manual; and
Whereas, the City Charter only requires approval of contracts involving the payment of
money in excess of $5,000.00 (for the purchase of goods and services) and multi-year contracts
involving the payment of money out of more than one year's appropriation; and
Whereas, the City Charter provides, in Art. III, Section 5 E, that the City Manager shall
"direct and supervise the administration of all departments, offices and agencies of the City,
except as otherwise provided by this Charter or by law." (Amended 2/8/00)
Whereas, the City's personnel rules are part of the administration of the city and, as
such, the amendments to the personnel rules are within the duties of the City Manager as
described in the City Charter; and
Whereas, Sec. 16A-4(2) and (3) of the City'S Code of Ordinances provides that the
duties of the Personnel Director include the administration of the personnel rules and to prepare
and recommend revisions and amendments to the personnel rules; and Whereas, the City
Commission may enact a bill of rights to protect the employees of the City; and
Whereas, Sec. 16A-6 of the City'S Code of Ordinances provides that the Personnel
Director shall draft, in consultation with the City Manager, such rules as may be necessary to
carry out the provisions of Chapter 16A. It also provides that a public hearing shall be required
prior to the final adoption of any ordinance by the city commission that would amend or create
new personnel rules; and
Whereas, the City Commission may enact a bill of rights to protect the employees of the
City but it is prohibited by the City Charter from interfere with the administrative services of the
City; and
Whereas, the City'S ordinances may not be in conflict with the City Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. Section 16A-6 of the City of South Miami Code of Ordinances is hereby
amended to read as follows:
"Sec. 16A-6. -Rules; drafting, public hearing, submission to city commission for
adoption, force, and effect, amendment procedure.
Page 1
Ord. No. 04-14-2182
The personnel director shall draft, in consultation with the City Manager, such
rules as may be necessary to carry out the provisions of this ordinance [chapter].
The City Manager shall have authority to create new rules and to amend or repeal
existing rules that are not in conflict with the rules set forth in Chapter 16A."
Section 2. Codification. The provisions of this ordinance shall become and be made
part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
that give the appearance of being in conflict when the two ordinances can be harmonized or
when only a portion of the ordinance in conflict needs to be repealed to harmonize the
ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
to harmonize the two ordinances shall be repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 1 st day of_A-,--p--,--r-=-i_l ___ , 2014.
ATTEST: APPROVED:
~~ ~~lf/J4d TYCU~RK MAYR
1st Reading-3/18/14
2nd Reading -' 4/1 /1 4
READ AND i)~ROVED AS TO FORM:
LANGU~9Y,LEGALITlCAND
EXE~I9JN THERI?OP /
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Page 2
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
5-0
Yea
Yea
Yea
Yea
Yea
To:
Via:
From:
Date:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
LaTasha Nickle, Human Resources Director
South Miami
bOd
AII·AmerlcaClty
"II J.'
2001
March 12,2014 7 Agenda Item No.:~
SUbject: Revision of Section 16A-6 of the City of South Miami Code of Ordinances
Request: An Ordinance investing authority in the City Manager to amend the City of
South Miami Personnel Rules that are not in conflict with Chapter 16A.
ReasonlNeed: The City rules and best practices require the regular review, evaluation and revision of
the City's Personnel Manual to ensure its accuracy, legal compliance, and application of
equitable employment policies. The timely promulgation and implementation of such
policies and procedures is integral to the efficient and orderly administration of all
departments of the City.
The City Charter, Article III, Section 5, E, vests the City Manager with the power and
duty to "[ d]irect and supervise the administration of all departments, offices and agencies
of the City .... " The ability to quickly and efficiently amend Personnel policies not in
conflict with Chapter 16 of the City's Code of Ordinances is necessary to the efficient
exercise of this authority.
Examples of necessary changes to the 2011 Personnel Manual include the following:
• Updating the City's Military Leave policy to accurately reflect and comply with
Federal and IFlorida State Law goveming the length of such leave, paid leave
status, and reinstatement/re-employment rights for deployed service member
employees.
• Inclusion of policies applicable to disabled employees and applicants in
compliance with Federal Law.
• Revision of the City's payroll policies to reflect the City's transition to
Executime and Paychex for time and attendance repOlting and payroll
processing.
• Revisions to the City's Wellness Program, now known as SoMi SoFit to include
the addition of the Lunch-n-Leam series and delete the bariatric surgery benefit.
• Other revisions which may be deemed neccssary for clarity and efficiency.
Recommendation: Staff recommends approval of the Ordinance as provided in that it allows the
City to quickly and efficiently update its Personnel Manual as needed to conform to
updated labor and employment laws, procedures and identified best practices.
Backup Documentation:
o Proposed Ordinance
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-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 11k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 4/1/2014
in the XXXX Court,
was published in said newspaper in the issues of
03/21/2014
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, reb ,ommisslo r refund for the purpose
of sec . isement for ublication in the said
spaper.
(SEAL)
2014
MERCEDES ZALDIVAR
MY COMMISSION #FF029736
EXPIRES June 20. 2017
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NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct
Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, April 1, 2014 beginning
at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the foitowing ltem(s):
An Ordinance repealing section 2-22, term limits of board and committee members.
(
"An ordinary. ce investing authority in the City Manager to amend the City of South Miami Personne~
Rules that are not in conflict with Chapter 16A. . )
An Ordina~ce amending section 2·24, including subsections (b), (c)(10) and (11), (e)(3)(4) and (h) of
the City of;South Miami's code of ordinances,
An Ordinahce related to a request for a zoning map amendment to the City of South Miami
official zoning map, to re~zone the Agency owned property assemblage referred to as the
Marshall Williamson properties, folio numbers 09-4025..aOo-0850; 09-4025-000-0852; and
09-4025-065-0090, from a current zoning designation of "RS-4" (Single-Family) to the "RM-18"
(Low Densjty Multi-Family Residential) to allow for additional residential dwelling units within the
Madison S:~uare Mixed·Use Development Project.
ALlln~erested parties are invited to attend and wiU be heard.
For fur:ther information, please contact the City Clerk's Office at: 305-663w 6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Stat1.ltes 286.0105. the City hereby advises the public that if a person decides to appeal any decision
made by this Board. Agency or Commission with respect to any matter considered at Its meeting or heating, he or she wlU
need a record of the proceedings, and that for such purpose. affected person may need to ensure that a verbatim record of
the proceedings i:S made which record includes the testimony and evidence upon which the appeal is to be based.