19TO: The Honorable Mayor, Vice Mayor Date: August 17, 2010
and Commissioners jJ
Fk3M: Mark A. Goldstein, Deputy City Attorney ®'v(/ RE: Agenda Item #
Ordinance:
An Ordinance of the Mayor and 'City Commission of the City of South
Miami, Florida, proposing to the City's electors amendments to Articles 111
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:'
RECOMMENDED AMENDMENT:
The following amendment to the Ordinance has been recommended by the Department of
Elections due to the fact that F. S. 101:161 (1) limits'the "title question to 15 words (the
title question of out Ordinance as presented' on I't reading has 28 words)
ill
Title:
Avnc
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 2nd reading, with the change in the title question is
recommended.
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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 Commission for the proper
Page 1 of 3
i administration of all affairs of the City. He or she shall have the following powers and duties to:
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3 A. Appoint and, when necessary for the good of the City, remove any non - elective
4 officers or employees of the City (excepting those authorized to be appointed and removed by
5 the City Commission), providing such removal does not conflict with Civil Service provisions.
6 However, the City anager may not appoint any department director without first obtaining the
7 consent of a majority of the members of City Commission at a duly noticed City Commission
8 meeting Procedures for presentation of the Manager's candidates to the City Commission may
9 be specified by ordinance.
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12 ARTICLE VI
13 GENERAL PROVISIONS
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17 SECTION 7. Autonomy
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19 Neither the Commission nor any of its members shall direct or request the removal
20 appeintffi n of any person to, or His or her removal from office by the City Manager or by any of
21 his or her subordinates, or in any manner take part in the appointment-of removal of officers and
22 employees in the administrative service of the City. Except for the purpose of inquiry and for the
23 pumose of interviewing any candidate for department director rip or to appointment by the City
24 Manager subject to the City Commission's approval, the Commission and its members shall deal
25 with the administrative service solely through the City Manager and neither the Commission nor
26 any member thereof shall give orders to any subordinates of the City Manager, either publicly or
27 privately. This section shall not apply to officers appointed under Article II, Section 7 of this
28 Charter.
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31 Section 2. The result of the referendum shall be determined by a majority vote of the
32 electors of the City of South Miami voting on the question.
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34 Section 3. The ballot title and substance of the amendment which shall appear on the
35 ballot shall be in the following form:
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37 Title: REQUIRING THE CITY MANAGER TO PRESENT TO THE CITY
38 COMMISSION FOR ITS APPROVAL OR REJECTION ALL INDIVIDUALS HE OR
39 SHE SEEKS TO APPOINT TO SERVE AS DEPARTMENT DIRECTORS
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41 Ballot Question: THE CITY'S EXISTING CHARTER PROVIDES THE CITY
42 COMMISSION WITH NO ROLE OR OVERSIGHT AS TO THE CITY MANAGER'S
43 SELECTION OF DEPARTMENT DIRECTORS. SHALL ARTICLE III, SECTION 5,
44 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
APPROVED:
MAYOR
I't Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Commissioner Palmer:
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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 f /k/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 - 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 mission or refund for the purpose
I scour; is advertiseme t for publication in the said
S to afld subscribed before me this
06 daycf AUGUST - /,A).D. 2010
(SEAL)
MARIA MESA personally known to me
r°��Y u4kF Newry Public State of Florida
vorSlnipe Pere; .
My CDmmieaion 00819771
'Foe no Expires 08/0312012
CITY OPSOUTH MIAMI.
at 7:30 p.m. in the City Commission unamoers, bt di
consider the following items),,
4 regulating towing within the City providing for,
severability and an effective date
An Ordinance of the Mayor and City Commission of thi
South Miami Flonda relating to Article III "Boar
Pl,,.:nf.Flydinanewa- amenrinn, Pe
number,of,voting members from soyen,(7) to nine (9) uptlating '.
approved ey the voters, at ine reoruary a, 4vry annc,u, n,.iv
Special �Elecnon; and,' by amending the quorum; providing for
severability,brdinancas in conflict; and aneffectivedate.
A Resolution of the Mayor and City Commission of the City of,
Street (Miller Drive)in the Cambridge Lawns Historic uistnct; p
providing an effective date.
A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, relating to financial :.audit services,
authorizing the Acting City Manager to hire ,a. new financial
auditor and execute a two -year audit contract with the audit firm - -
of Keefe, McCullough & CO. LLP., with the option to renew for
one year, if so desired by the City, and providing for an effective.
date.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at :,
305- 663 -6340.
Maria M. Menendez, CMC
- City Clerk
Pursuant to Florida Statutes 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 Waring, he or she will need a record of the proceedings, and
that for such purpose, affected person may need to ensure that a verbatim
record of the proceedings is made which record includes the testimony
and evidence upon which the appeal is to be based. - - -:
816 ;'^ ° 10- 3- 247/15,3,6298'x)