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1 RESOLUTION NO. ___ _
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3 A Resolution relating to the Special Meeting of the City
4 Commission dated August 14, 2013; requesting a second opinion
5 from an attorney specializing in municipal labor law.
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7 WHEREAS, the Commission at its meeting of August 14,2013, adopted Resolution No.
8 167-13-13985 confirming the City Commission's prior interpretation of the City Charter, the
9 City Commission's prior approval of all appointments of Orlando Martinez de Castro to the
10 office of Acting City Manager and approving the termination of his 5-year employment
11 agreement with the City; and
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13 WHEREAS, the Commission does not agree with the City Attorney's assessment of the
14 events which occurred at said meeting; and
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16 WHEREAS, City Attorney Thomas Pepe, by his own admission, is not specialized in
17 municipal labor law; and
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19 WHEREAS, Mr. Pepe has at his discretion budgeted monies to hire competent labor
20 counsel.
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22 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
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25 Section 1. The above recitals are statements of fact held to be true and are
26 incorporated into the body of this resolution.
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28 Section 2. The Commission hereby affirms there is reason to doubt that the actions
29 taken at the meeting of August 14,2013 were legal.
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31 Section 3. We are directing the City Manager to hire a labor attorney competent in
32 municipal law to render a second opinion.
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34 Section 3. If any section clause, sentence, or phrase of this resolution is for any
35 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
36 affect the validity of the remaining portions of this resolution.
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38 Section 4. Effective Date. This resolution shall become effective immediately upon
39 adoption by vote of the City Commission.
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41 PASSED AND ADOPTED this __ day of ,2013.
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44 ATTEST: APPROVED:
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48 CITY CLERK MAYOR
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READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
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