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Ordinance No. -------
An Ordinance investing authority in the City Manager to amend the City of
South Miami Personnel Rules that are not in conflict with Chapter 16A.
6 Whereas, the City Charter does not require City Commission approval of the City's
7 personnel manual; and
8 Whereas, the City Charter only requires approval of contracts involving the payment of
9 money in excess of $5,000.00 (for the purchase of goods and services) and multi-year contracts
10 involving the payment of money out of more than one year's appropriation; and
11 Whereas, the City Charter provides Art. III, Section 5 E that the City Manager shall
12 "direct and supervise the administration of all departments, offices and agencies of the City,
13 except as otherwise provided by this Charter or by law." (Amended 2/8/00)
14 Whereas, the City's personnel rules are part of the administration of the city and, as
15 such, the amendments to the personnel rules are within the duties of the City Manager as
16 described in the City Charter; and
17 Whereas, Sec. 16A-4(2) and (3) of the City's Code of Ordinances provides that the
18 duties of the Personnel Director include the Administration of the personnel rules and to
19 Prepare and recommend revisions and amendments to the personnel rules; and
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21 Whereas, Sec. 16A-6 of the City's Code of Ordinances provides that the Personnel
22 Director shall draft, in consultation with the City Manager, such rules as may be necessary to
23 carry out the provisions of Chapter 16A. It also provides that a public hearing shall be required
24 prior to the final adoption of any ordinance by the city commission that would amend or create
25 new personnel rules; and
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27 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
29 Section 1. Section 16A-6 of the City of South Miami Code of Ordinances is hereby
30 amended to read as follows:
31 "Sec. 16A-6. -Rules; drafting, public hearing, submission to city commission for
32 adoption, force, and effect, amendment procedure.
33 The personnel director shall draft, in consultation with the City Manager, such
34 rules as may be necessary to carry out the provisions of this ordinance [chapter
35 16A}. A public hearing shall be required prior to the final adoption of any ordinance
36 by the City Commission that would amend or create new personnel rules. The City
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1 Manager shall have authority to create new rules and to amend or repeal existing
2 rules that are not in conflict with the rules set forth in this chapter 16A."
3 Section 2. Codification. The provisions of this ordinance shall become and be made
4 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
5 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
6 "ordinance" may be changed to "section" or other appropriate word.
7 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
8 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
9 shall not affect the validity of the remaining portions of this ordinance.
10 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
11 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
12 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
13 that give the appearance of being in conflict when the two ordinances can be harmonized or
14 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
15 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
16 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
17 to harmonize the two ordinances shall be repealed.
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Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ , 2013.
ATTEST:
CITY CLERK
1 st Reading
2nd Reading
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
CITY ATTORNEY
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