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_Ha1 2 3 g 8 9 10 11 12 13 19 20 21 City of South Miami Special City Commission Minutes August 14, 2013 A. SILENCE OR TURN OFF ALL CELL PHONES B. ROLL CALL The following members of the City Commi Mayor Liebman, Commissioner Newman, Commi present: Mayor Stoddard, Vice mmissioner Welsh Also in attendance were: City M Pepe, Esq., City Clerk Maria M. Menendez, C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE Attorney Thomas F. 22 Mayor Liebman· ncement to allow a 3-minute public remarks, Vice in regular meetings. Seconded by Commissioner 23 Newman, the motion passed b~;CI :: ',:: , :','{ :~:\:~: . 24 25 26 27 Attorney PauITot~e~ representing Chief Orlando Martinez de Castro addressed the Commission. 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 ission's prior interpretation of 9 the City Charter, the City Commission's prior approval of ents of Orlando Martinez 10 de Castro to the office of Acting City Manager and ap termination of his 5-year 11 employment agreement with the City under the te itution Article II, Section 12 5(a), passed by a 3 -2 vote: 13 ig 16 17 18 19 Yea: Nay: F. Attest CITY COMMISSION MINUTES August 14, 2013 2 Philip K. Stoddard Mayor Menendez, Maria M. 'om: .mt: To: Subject: , Newman, Valerie Thursday, August 15,20136:24 PM Steven J. Alexander; Menendez, Maria M.; Pepe , Thomas F.; Menendez, Maria M. RE: acting Police Chief memo Dear Mr.~oty Manager, Please ue: 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, 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