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Add -On Item #bb
City Commission Meeting 05 -01 -12
RESOLUTION NO.
A Resolution censuring Commissioner Robert Welsh due to his interference
with the administrative services of the City and his persistent interference
with the City's financial affairs.
WHEREAS, the Charter of the City of South Miami ( "City ") provides in Article I,
Section 4 that the City shall have a Commission - Manager government; and
WHEREAS, the Charter of the City provides in Article III, Section 5 that the City
Manager shall be the chief executive officer and that he shall be responsible to the Commission
for the proper administration of all affairs of the City including responsibility for the
administration of the budget and the power to contract for the purchase of any goods or services;
and
WHEREAS, the Charter of the City provides in Article IV, Section 4 that the City
Manager shall have charge of the administration of the financial affairs of the City in accordance
with Article III, Section 5 of the charter; and
WHEREAS, the Charter does not give any power to either the Commission or its
members to administer the financial affairs of the City. Moreover, the City Charter in Article VI,
Section 7, specifically prohibits the Commission and its members from dealing with the
administrative services other than through the City Manager; and
WHEREAS, Commissioner Robert Welsh has repeatedly interfered with the
administrative services and the financial affairs of the City, including the giving of instructions
to City employees and giving instructions or direction to the City's design build pool contractor.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: Commissioner Welsh is hereby censured for interfering with the
administrative services of the City and the City's financial affairs. His activities, which include
the giving of instructions to City employees and giving instructions or direction to the City's
design build pool contractor, has violated the Charter of the City of South Miami, including its
spirit and intent.
Section 2: If any section clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this resolution.
Section 3. This resolution shall become effective immediately upon adoption by vote of
the City Commission.
PASSED AND ADOPTED this day of , 2012.
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ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Add -On Item #bb
City Commission Meeting 05 -01 -12
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
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