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RESOLUTION NO. ___ _
A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, terminating the employment of City Manager
Hector Mirabile without cause.
WHEREAS, under the South Miami City Charter, the City Manager serves at the
will of the City Commission and may be removed from office by majority vote the
Commission; and
WHEREAS, the majority of the members of the City Commission have lost
confidence in Hector Mirabile, Ph.D. as City Manager, and desire to terminate his
services as City Manager; and
WHEREAS, although the City Commission may have valid grounds to terminate
Hector Mirabile, Ph.D. for cause, the laborious legal procedures mandated in the
Manager's Employment Agreement as amended in 2011, combined with the costs of
mediation and arbitration and the considerable time and uncertainty associated with these
legal proceedings, favor the more expedient and possibly less expensive procedure of
termination without cause;
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission hereby terminates the employment of Hector
Mirabile as City Manager, without cause.
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 take effect immediately upon adoption.
PASSED AND ADOPTED this _________ 2012.
ATTEST: APPROVED:
CITY CLERK MAYOR
COMMISSION VOTE:
READ AND APPROVED AS TO FORM: Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Harris:
Commissioner Newman:
City Attorney Commissioner Welsh: