19To:
Via:
From:
Date:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
South Miami
tlOd mr
20()1
LaTasha Nickle, Human Resources Director
Agenda Item NO.:J9 March 12,2014
Subject: Revision of Section 16A-6 of the City of South Miami Code of Ordinances
Request: An Ordinance investing authority in the City Manager to amend the City of
South Miami Personnel Rules that are not in conflict with Chapter 16A.
ReasonlNeed: The City rules and best practices require the regular review, evaluation and revision of
the City's Personnel Manual to ensure its accuracy, legal compliance, and application of
equitable employment policies. The timely promulgation and implementation of such
policies and procedures is integral to the efficient and orderly administration of all
departments of the City.
The City Charter, Article III, Section 5, E, vests the City Manager with the power and
duty to "[ d]irect and supervise the administration of all departments, offices and agencies
of the City .... " The ability to quickly and efficiently amend Personnel policies not in
conflict with Chapter 16 of the City's Code of Ordinances is necessary to the efficient
exercise of this authority.
Examples of necessary changes to the 2011 Personnel Manual include the following:
• Updating the City's Military Leave policy to accurately reflect and comply with
Federal and Florida State Law governing the length of such leave, paid leave
status, and reinstatement/re-employment rights for deployed service member
employees.
• Inclusion of policies applicable to disabled employees and applicants 111
compliance with Federal Law.
• Revision of the City's payroll policies to reflect the City's transition to
Executime and Paychex for time and attendance reporting and payroll
processing.
• Revisions to the City's Wellness Program, now known as SoMi SoFit to include
the addition of the Lunch-n-Learn series and delete the bariatric surgery benefit.
• Other revisions which may be deemed necessary for clarity and efficiency.
Recommendation: Staff recommends approval of the Ordinance as provided in that it allows the
City to quickly and efficiently update its Personnel Manual as needed to conform to
updated labor and employment laws, procedures and identified best practices.
Backup Documentation:
(J Proposed Ordinance
1
2
3
4
5
Ordinance No. -------
An Ordinance investing authority in the City Manager to amend the City of
South Miami Personnel Rules if not in conflict with Chapter 16A.
6 Whereas, the City Charter does not require City Commission approval of the City's
7 personnel manual; and
8 Whereas, the City Charter only requires approval of contracts involving the payment of
9 money in excess of $5,000.00 (for the purchase of goods and services) and multi-year contracts
10 involving the payment of money out of more than one year's appropriation; and
11 Whereas, the City Charter provides, in Art. III, Section 5 E, that the City Manager shall
12 "direct and supervise the administration of all departments, offices and agencies of the City,
13 except as otherwise provided by this Charter or by law." (Amended 2/8/00)
14 Whereas, the City's personnel rules are part of the administration of the city and, as
15 such, the amendments to the personnel rules are within the duties of the City Manager as
16 described in the City Charter; and
17 Whereas, Sec. 16A-4(2) and (3) of the City'S Code of Ordinances provides that the
18 duties of the Personnel Director include the administration of the personnel rules and to prepare
19 and recommend revisions and amendments to the personnel rules; and Whereas, the City
20 Commission may enact a bill of rights to protect the employees of the City; and
21
22 Whereas, Sec. 16A-6 of the City'S Code of Ordinances provides that the Personnel
23 Director shall draft, in consultation with the City Manager, such rules as may be necessary to
24 carry out the provisions of Chapter 16A. It also provides that a public hearing shall be required
25 prior to the final adoption of any ordinance by the city commission that would amend or create
26 new personnel rules; and
27
28 Whereas, the City Commission may enact a bill of rights to protect the employees of the
29 City but it is prohibited by the City Charter from interfere with the administrative services of the
30 City; and
31
32
33
Whereas, the City'S ordinances may not be in conflict with the City Charter.
34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
36 Section 1. Section 16A-6 of the City of South Miami Code of Ordinances is hereby
37 amended to read as follows:
38 "Sec. 16A-6. -Rules; drafting, public hearing, submission to city commission for
39 adoption, force, and effect, amendment procedure.
Page 30f4
1 The personnel director shall draft, in consultation with the City Manager, such
2 rules as may be necessary to carry out the provisions of this ordinance [chapter].
3 The City Manager shall have authority to create new rules and to amend or repeal
4 existing rules that are not in conflict with the rules set forth in Chapter 16A."
5 Section 2. Codification. The provisions of this ordinance shall become and be made
6 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
7 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
8 "ordinance" may be changed to "section" or other appropriate word.
9 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
10 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
11 shall not affect the validity of the remaining portions of this ordinance.
12 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
13 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
14 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
15 that give the appearance of being in conflict when the two ordinances can be harmonized or
16 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
17 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
18 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
19 to harmonize the two ordinances shall be repealed.
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ , 2014.
ATTEST:
CITY CLERK
15t Reading
2nd Reading
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
CITY ATTORNEY
Page 4 of4