Ord. No. 24-00-1726ORDINANCE NO.24-00-1726
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OFTHECITYOFSOUTHMIAMI,FLORIDA,RELATING TO
PERSONNEL;AMENDING CHAPTER 16A,OF THE CITY OF
SOUTHMIAMICODE,ENTITLED "PERSONNELSYSTEM,"IS
AMENDED TO CREATE A NEW SECTION 16A-40,ENTITLED
"EMPLOYMENT OF APPOINTEES TO BOARDS AND
COMMITTEES PROHIBITED";PROVIDING FOR
SEVERABILITY,ORDINANCES IN CONFLICT AND AN
EFFECTIVE DATE.
WHEREAS,theMayorandCity Commission of theCity of South Miami
recognizethevaluablecontributionstogoodgovernmentthataremadeby
appointees to board and committees;and,
WHEREAS,the Mayor andCity Commission also recognize thatthefull-
time employment of appointees bythecity administration might createa
perception that appointees volunteer for board and committee positions asa means
to garner favoritism and special consideration for employment;and,
WHEREAS,the Mayor andCity Commission desire to avoid any
appearance of favoritism or other impropriety inthe hiring of city employees by
clearly prohibiting appointees frombeing hired bythecityfor nine months
following service ona board or committee.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
read:
Section 1.Section 16A-39 of the City of South Miami Code is created to
No commission member,autonomous personnel,quasi-judicial
personnel or advisory personnel,as those terms are defined by
section 8A-1(b)of the City of South Miami Code of Ordinances,
shall,fora period of nine months after hisorher City service has
ceased,be employed bytheCityasa probationary or full-time
employee.This prohibition does rot apply to employees who are
appointed to serve on boards on behalf of theCity.
Additions shown bv underlining and deletions shown bv overstrikinc.
Section 2.This ordinance shall be applicable tocurrentboardand
committee members.Within 14 days following the adoption ofthis ordinance,the
City Clerk shall notify each board and committee member in writing ofthe
prohibition on employment of this ordinance.The board and committee members
shallbe advised that following 30 days from thedateofadoptiontheyshallnotbe
eligible for employment bythe city fora period of nine months following
termination oftheir service.This ordinance shall notapplytocurrent employees.
Section 3.If any section,clause,sentence,or phrase of this ordinance is
foranyreasonheldinvalidorunconstitutionalbyacourt of competent
jurisdiction,theholdingshallnotaffectthevalidity of theremainingportions of
this ordinance.
Section 4.All ordinances orparts of ordinances in conflict withthe
provisions of this ordinance are repealed.
Section 5.This ordinance shall take effect 30 days from adoption.
PASSED AND ADOPTED this 3 dayof 0ctober ,2000.
ATTEST:
CITY CLERK
APPROVED:
MAYOR
1st Reading-September 19,2000
2nd Reading-October 3,2000
READ AND APPROVED AS TO FORM
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
^C/
CITY ATTORNEY
WDell 6100\Documents\City of South Miami\0022-00l\6256.doc
Page 2 of 2
4-1
Yea
Yea
Yea
Yea
Nay
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
TO:Mayor and City Commission DATE:9/29/00
AGENDA ITEM #
FROM:Charles D.Scurr -/](v Comm.Mtg.10/3/00CityManager/)$//I/^f7 Prohibiting full-time City
O^^employment for nine
months by Board and
Committee members
THE REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO PERSONNEL;
AMENDING CHAPTER 16A,OF THE CITY OF SOUTH MIAMI CODE,
ENTITLED "PERSONNEL SYSTEM,"IS AMENDED TO CREATE A
NEW SECTION 16A-40,ENTITLED "EMPLOYMENT OF
APPOINTMENTS TO BOARDS AND COMMITTEES PROHIBITED";
PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT AND
AN EFFECTIVE DATE.
A'/-'u
BACKGROUND
The proposed Ordinance on for second reading and public hearing is sponsored
by Commissioner Bethel and co-sponsored by Vice Mayor Feliu and
Commissioner Wiscombe.This ordinance prohibits full-time employment for
nine months by board and committee members.
The sponsors of this ordinance are concerned that some persons volunteer for
board or committee appointments to gain an inside track on employment by the
City.The ordinance would eliminate seeking appointments for personal gain,
and make appointments available only to those who seek to serve the public.
The ordinance prohibits board and committee members from seeking full-time
employment fora period of nine months following service ona board or
committee.Board and Committee members would still be eligible to enter into
service with the City,such as for construction contract administration.Current
board and committee members are allowed 30 days to decide whether to
continue with their appointments.
MIAMIDAILY BUSINESS REVIEW
Published Daily except Saturday,Sunday and
Legal Holidays
Miami,Miami-Dade County,Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Octelma V.Ferbeyre,who on oath says that she is the
Supervisor,Legal Notices oftheMiamiDaily Business
Review f/k/a Miami Review,a daily (except Saturday,Sunday
andLegal Holidays)newspaper,publishedat Miami in Miami-
Dade County,Florida;thatthe attached copy of advertise
ment,beingaLegalAdvertisementofNoticeinthematterof
CITY Oj
NOTICE OF
OCTOBER 3
SOUTH MIAMI
PUBLIC HEARING
2000
in the '>.*.-/.•.'•'/>.'.'/>/.:Court,
was published in said newspaper inthe issues of
Affiant further says that the said MiamiDaily Business
Review isa newspaper published at Miami in said Miami-
Dade County,Florida,and that the said newspaper has
heretofore been continuously published in said Miami-Dade
County,Florida,each day (except Saturday,Sunday and
Legal Holidays)andhasbeenenteredas second class mail
matter at the post office inMiamiin said Miami-Dade
County,Florida,fora period of one year next preceding the
first publication ofthe attached copy of advertisement;and
affiant further says that she has neither paid nor promised
any person,firmor corporjU+orraoy discount,rebate,com
mission or rekJnd forliKj^urposeyDf securing this advertise
mentfor D«ulic^t$jrfi>/fne said n/wspaper.
(SEAL)
Ocielma V.Fe
Sworn to anu subscribed before me this ,
^'flraNibr taflMn&awt cc 33554
w EXPIRES:March 4 20C4
Bontf:*!Tnnj •''-Mr/p-p:,,-UndemRters
L
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY giventhatthe City Commission ofthe City of
South Miami,Florida will conductaPublic Hearing duringitsregular City
CommissionmeetingTuesday,October3,2000beginningat7:30p.m.,in
theCity Commission Chambers,6130 Sunset Drive,to consider thefol
lowing described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITYOFSOUTH MIAMI,FLORIDA,RELATINGTO PERSONNEL;
AMENDING CHAPTER 16A,OFTHECITYOF SOUTH MIAMI CODE,
ENTITLED "PERSONNEL SYSTEM"IS AMENDED TO CREATE A NEW
SECTION 16A-40,ENTITLED "EMPLOYMENT OF APPOINTEES TO
BOARDS AND COMMITTEES PROHIBITED";PROVIDING FOR SEV
ERABILITY,ORDINANCES IN CONFLICT ANDAN EFFECTIVE
DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO COMMUNITY RE
LATIONS BOARD;AMENDING SECTION 2-26.6 OF THE CITY OF
SOUTH MIAMI CODE OF ORDINANCES ENTITLED "COMMUNITY RE
LATIONS BOARD";CHANGING SPECIAL MEMBERSHIP AGE RE
QUIREMENT FROM 18-25 TO 18-30;PROVIDING FOR SEVERABILI
TY,ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE.
Said ordinance canbe inspected intheCityClerk'sOffice,Monday-Fri
day during regular office hours.
Inquiries concerning thisitemshouldbe directed totheCity Manager's
office at:663-6336.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor,CMC
CityClerk
Cityof South Miami
PursuanttoFlorida Statutes 286.0105,tneCityhereby advises thepub
licthatifa person decides to appeal any decision made bythisBoard,
Agency or Commission with respect toany matter considered atits meet
ingor hearing,heor she will need arecordofthe proceedings,andthatfor
such purpose,affected person may need lo ensure thata verbatim record
ofthe proceedings is made whichrecord includes the testimony andevi
dence upon which the appeal isto be based.
9/22 00-3-95/92996M