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7To: 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 LaTasha Nickle, Human Resources Director South Miami bOd AII·AmeriGa City 'IIIP 2001 March 12,2014 7 Agenda Item No.:~ 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 IFlorida 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 m 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 processmg. • 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: o 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 cOhtracts 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 ofthe Personnel Director include the administration of the personnel rules and to prepare ~ 9 and recommend revisions and amendments to the personnel rules; and Whereas, the City .0 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 fmal 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 Whereas, the City'S ordinances may not be in conflict with the City Charter. 33 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. i6A-6. -Rules; drafting, public hearing, submission to city commission for 19 adoption, force, and effect, amendment procedure. Page 3 of 4 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-Iettered 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 9 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 '0 Section 5. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this __ day of _____ , 2014. ATTEST: CITY CLERK 1st 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 MIAMI DAILY 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 MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 4/1/2014 in the XXXX Court, was published in said newspaper in the issues of 03/21/2014 Affiant further says that the said Miami Daily Business Review is a 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) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, reb ,ommisslo r refund for the purpose of sec . isement for ublication in the said spaper. this (SEAL) CQeQigiOug C8aptigm COm'mu&1iO&1 a&1d CO&1~ftmatiO&1 ~O§:.~(;7.:&!!..g @~}~~= SCHEDULE YOUR PRIVATE TOUR TODAY 305-227-1149 12975 SW 6 th Street Miami, FL 33184 www.conchitaespinosa.com NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, April 1, 2014 beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): An Ordinance repealing section 2-22, term limits of board and committee members. ( 'An Ordinance investing authority in the City Manager to amend the City of South Miami Personne~ Rules that are not in conflict with Chapter 16A. ) An Ordinance amending section 2·24, including subsections (b), (e)(10) and (11), (e)(3)(4) and (h) of the City of South Miami's cade of ordinances. An Ordinance related to a request for a zoning map amendment to the City of South Miami official zoning map, to re~zone the Agency awned property assemblage referred to as the Marshall Williamson properties, folio numbers 09-4025-000·0850; 09·4025·000·0852; and 09-4025-065-0090, from a current zoning designation of "RS-4" (Single-Family) to the "RM-18" (Law Density Multi-Family Residential) to allow for additional residential dwelling units within the Madison Square Mixed-Use Development Project. ALL interested parties are invited to attend and will be heard. For further information. please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that jf a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at Its meeting or hearing, he or she will need a record of the proceedings. and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based.