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_Hb1 2 3 ~ 8 City of South Miami Special City Commission Minutes August 14, 2013 A. SILENCE OR TURN OFF ALL CELL PHONES B. ROLL CALL 9 The following members of the City Commission were present: Mayor Stoddard, Vice 10 Mayor Liebman, Commissioner Newman, Commissio'rt~r Harris, Commissioner Welsh 11 , " 12 Also in attendance were: City Manager Steven Alexander, City Attorney Thomas F. 13 Pepe, Esq., City Clerk Maria M. Menendez, cMe l~ 20 C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE E. RESOLUTION(S) ,~ ':~,'" A Resolution of the Citybf SouthMicl~i~onfirming the City Commission's prior interpretation of the City Charter,the City Commission's prior approval of all appointments of Orlando Martinez de Ca~tro to the office of Acting City Manager and approving the termination of his5~year employment agreement with the City under the terms of Florida Constitution Articlell,Section 5(a). 3/5 (Mayor Stoddard) 21 Followed by the Mayor's announcement to allow a 3-minute public remarks, Vice 22 Mayor Liebman requested 5-minutes as in regular meetings. Seconded by Commissioner 23 Newman, the motion passed by a 5-0 vote 24 25 Attorney Paul Totten representing Chief Orlando Martinez de Castro addressed the 26 Commission. 27 28 The following individuals also addressed the Commission: Donna Shelley, Armando 29 Oliveros, Brad Cassel, Horace Feliu, Michael Miller, Pat Shields. 30 31 Every member of the Commission also had a chance to express their views about 32 the proposed resolution. CITY COMMISSION MINUTES August 14, 2013 1 1 2 Moved by Mayor Stoddard to amend the resolution by striking the last sentence 3 under Section 3, starting with line 31 and line 32, deleting the following sentence: "Mr. 4 Martinez de Castro is hereby declared to be an at will employee of the City of South MiamL" 5 Seconded by Commissioner Welsh, the motion passed by a 5-0 vote 6 7 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve as 8 amended Resolution No. 167-13-13985 confirming the City Commission's prior interpretation of 9 the City Charter, the City Commission's prior approval of all appointments of Orlando Martinez 10 de Castro to the office of Acting City Manager and approvingth~ termination of his 5-year 11 employment agreement with the City under the terms of Florida'Constitution Article II, Section 12 5{aL passed by a 3 -2 vote: tv 13 16 17 18 19 Yea: Nay: F. ADJOURNMENT Attest Maria M. Menendez City Clerk CITY COMMISSION MINUTES August 14, 2013 Mayorcsf~~~!~rd commisslori,~[~arris,/ CommissionerWelsh···.· ··.··Vice Mayor LiebWi~I"l/ Cbmmissioner Ne~mal) 2 Appx oved Philip K. Stoddard Mayor Menendez, Maria M. From: Sent: To: Subject: ~ Newman, Valerie Thursday, August 15, 2013 6:24 PM Steven J. Alexander; Menendez, Maria M.; Pepe, Thomas F.; Menendez, Maria M. RE: acting Police Chief memo Dear Mr. ~oty Manager J Please ne:advised that I do not agree with your assessment Of the events which occurred last night. I do not agree with Mr. Pepe's legal advice and I am asking for a second Opinion from labor Attorney Jim Crosland. Mr Pepe's area of expertise does not include constitutional J labor or municipal law. As I do not agree that last nights actions were legal or ethical I do not agree With the appointment of Major Landa to the position of acting Chief. This action however is consistent with the dual office Holding Therefore Major Landa has vacated his Position as Major. In addition please supply Major Landa's Resume. Valerie Newman Commissioner City Of South Miami