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141 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 RESOLUTION NO: 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 under any circumstances; 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 WI- IEREAS, 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 THE 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 day of 2010. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM AND SUFFICIENCY: City Attorney APPROVED: ly_ � • ' COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Beasley: Commissioner Harris: Commissioner Palmer: