61 RESOLUTION NO. _____ _
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3 A Resolution reaffirming the Charter-granted right of the City Commission
4 members to "make inquiry" (but not give directives) to any employee of the
5 City of South Miami.
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7 WHEREAS, on or about May 1,2012, the City Manager was under the impression that
8 the Article VI Section 7, of the City Charter, prohibited a Commission member from asking City
9 employees questions concerning the City; and
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11 WHEREAS, the fourth whereas clause of the May 1, 2012, "Resolution to Censure
12 Commissioner Bob Welsh" states on lines 21-23:
13 "Moreover, the City Charter in Article VI Section 7, specifically prohibits the
14 Commission and its members from dealing with the administrative services other
15 than through the City Manager"; and
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17 WHEREAS, in the City Manager's e-mail of April 19, 2012 to Bob Welsh in response to
18 Bob Welsh asking the Planning Director a question during a break in the Commission meeting
19 informed Commissioner Welsh that "Any and all communications between yourself and staff
20 must first be cleared by me."; and
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22 WHEREAS, the City Manager's e-mail of July 17, 2012 at 4:36:03 P.M., to the Mayor
23 and Commission quoted the opinion of the City Attorney, as follows:
24 "Therefore a city Commissioner may deal with the administrative services of the
25 City, without the need to go through the City Manager, if the Commissioner is
26 merely making an inquiry, or if he or she is interviewing a candidate for
27 department director prior to appointment by the City Manager. The authority to
28 make inquiry was never intended to be limited to making inquiry of a candidate
29 for the position of department director since the·charter had always allowed such
30 inquiry in the past."; and
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32 WHEREAS, there are usually only two (2) business days between when agenda packets
33 are delivered to Commissioners and Commission meetings in which Commission members can
34 make inquiry of the Administration and there might not be enough time to ask, wait for and
35 finally get permission of the City Manager or Department Heads to communicate with their staff.
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37 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
38 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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40 Section 1: The members of the City Commission reaffirm their Charter-granted right of
41 the members to "make inquiry" (but not give directives) to any employee of the City of South
42 Miami. Commission members shall exercise prudence in keeping their inquiry brief so
43 employees will not be substantially hampered, from performing the duties to which they have
44 been assigned, and that no member of the administration shall direct their subordinates to
45 withhold verbal information about City business from a member of the Commission.
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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.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
CITY ATTORNEY Commissioner Welsh:
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