Res. No. 076-03-11625RESOLUTION NO.76-03-11625
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA RELATING TO EMPLOYMENT;
AUTHORIZING PAYMENT OF BACK PAY AND
WAGES TO A REINSTATED EMPLOYEE IN THE
AMOUNT OF $39,443.05 FROM THE CASH RESERVE
FUND;PROVIDING AN EFFECTIVE DATE.
WHEREAS,the employment of John Hampton was terminated by
the former City Manager,Charles D.Scurr,for making a material omission
or misrepresentation onhis employment applications;and,
WHEREAS,the Interim City Manager,Sandy A.Youkilis,has
determined that itisin the best interests of the City to modify the
disciplinary policy to provide for suspension without pay for such
misconduct unless good cause is demonstrated for termination;and,
WHEREAS,the Interim City Manager has determined to rescind
the decision to terminate the employment of Mr.Hampton,to reinstate him
asan employee of theCity,to pay back pay and other benefits inthe
amount of $25,962.29,to grant any applicable seniority wage increase,and
to suspend him for 30 days without pay;and,
WHEREAS,the City Commission hereby authorized the
appropriation of $13,480.76 into appropriate accounts within the Public
Works department budget to pay Mr.Hampton for the remainder of this
fiscal year.
WHEREAS,the Interim City Manager desires the Mayor and City
Commission to authorize the use of funds in the cash reserve account to pay
for the cost of reinstatement.
Additions shown by underlining and deletions shown by ovcratriking.
Res.NO.76-03-11625
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
Section 1.The Interim City Manager is authorized tousefundsinthe
cashreserveaccounttopayforthecost of reinstatementofMr.JohnHampton
with back pay and benefits inthe amount of $25,962.29.
Section 2.TheCity Commission hereby authorized the appropriation of
$13,480.76intoappropriateaccountswithinthePublicWorksdepartmentbudget
topayMr.Hampton for the remainder of this fiscal year.
Section 2.This resolution shall take affect immediately upon approval.
PASSED AND ADOPTED this 20thday of May 20 03
ATTEST:APPROVED:
Ja&*-<MC4)
CITY CLERK
/4^6^>,^/7^y
MAYOR
READ AND APPROVED AS TO FORM:
COMMISSION VOTE:5-0
Mayor Feliu:Yea
Vice Mayor Russell:Yea
Commissioner Wiscombe:Yea
Commissioner Bethel:Yea
Commissioner McCrea:Yea
/d5>,^p<zjJzj/2-.
CITY ATTORNEY
\\02sr\'plaw\prolaw\Documents\0022\EAB\l 7988.doc-CSM reso/reinstate Hampton
Page 2 of2
CITY OF SOUTH MIAMI
Excellence,Integrity,Inclusion
South Miami
AD-AmsricaCity
2001
TO:Honorable Mayor,Vice Mayor
&City Commission
DATE:May 20,2003
FROM:Sanford A.Youkilis
Acting City Manage:
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA RELATING TO EMPLOYMENT;
AUTHORIZING PAYMENT OF BACK PAY AND WAGES TO A
REINSTATED EMPLOYEE IN THE AMOUNT OF $39,443.05 FROM THE
CASH RESERVE FUND;PROVIDING AN EFFECTIVE DATE.
BACKGROUND
InSeptember2001,formerCityManagerCharlesD.Scurr,orderedaninternalaudit of allemployees.Based
uponthisinternal audit,John Hampton,aPublicWorksemployeewasterminatedbyMr.Scurr,formakinga
materialomissionormisrepresentationonhisemploymentapplication.Subsequently,InterimCityManager,
Sandy A.Youkilis,determinedthatitisinthebestinterests of theCitytomodifythedisciplinarypolicyto
provideforsuspension without payforsuchmisconduct,unlessgoodcauseis demonstrated fortermination.
Mr.YoukilisisuniformlyadministeringthechangeintheCity'sdisciplinarypolicy.Baseduponhischange
of thedisciplinarypolicy,Mr.YoukilisrescindedMr.Scurr's decisiontoterminateMr.Hampton.He
reinstatedMr.Hampton asan employee,withbackpayand other benefits inthe amount of $25,962.29.He
alsograntedMr.HamptonanyapplicablesenioritywageincreasesandsuspendedMr.Hamptonfor30days
withoutpay.Further,Mr.Youkilisisseekingtoappropriate $13,480.76 fromthePublicWorksDepartment
budgettopayMr.Hamptonforthe remainder ofthefiscalyear,asMr.Hamptonisareinstatedemployeeof
theCityandhissalaryisnotaccountedforunderthecurrentyear'sfiscalbudget.Mr.Hampton'sbacksalary
andfuturesalaryistobepaidfromtheCity'scash reserve.
RECOMMENDATION
Approval is recommended.
Attachments
1.Resolution.
SAY/je
ITEM No..
RE:Reinstatement of John Hampton
ISL