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ORDINANCE NO.
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 file 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 Conunission for the proper
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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 Manayer'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
appeimmen of any person to, of his or her removal -from office by the City Manager or by any of
his or her subordinates, or in any manner take part in the appefntmeet e 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 prior 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 PRESENT TO THE CITY
COMMISSION FOR ITS APPROVAL OR REJECTION ALL INDIVIDUALS HE OR
SHE SEEKS TO APPOINT TO SERVE AS DEPARTMENT DIRECTORS
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 CHARTER BE AMENDED TO
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REQUIRE THE CITY MANAGER TO PRESENT TO THE CITY COMMISSION FOR
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 2010.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
3
MAYOR
1" Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Commissioner Palmer: