Ord. No. 25-99-1673ORDINANCE NO.25-93-1673
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE
DELETION OF LEGISLATED REQUIREMENTS FOR SERGEANT
AND LIEUTENANT,PROVIDING FOR SEVERABILITY/ORDIN
ANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE
DATE,
WHEREAS,Section 16A-17(3)(4)provideforcertainperiodsof
timewhichpersonnelmustbeemployed within thePoliceDepartment
in order to test for promotion;and
WHEREAS,the classification of personnel within thePolice
Department and governed by the sections of the ordinance are
representedasa collective bargaining unit;and
WHEREAS,thesubjector promotional eligibilityisgovernedby
the collective bargainingagreementandmanagementrights;and
WHEREAS,theCityCommissionhas expressed their desireto
havetheCity'sCodeof Ordinances broughtuptodatebydeleting
obsolete material;and
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
SECTION 1:Section 16A-17oftheCityCodeofOrdinances
currently reads as follows:
Appointments,Promotions,and Veterans'Preference -
BasedonCompetitive Examinations;AppointingAuthority.
Originalappointmentstovacancies occurring afterthis
chapterbecomes effective shall bebasedonmeritasdeterminedby
competitive examinations.TheCityManagershallbethe appointing
authority.
(1)Competitive examinations maybewaivedbytheCity
ManagersubjecttoCouncilapprovalwhenevertheapplicantsfor
positionarelessthanthenumberofvacanciesplustwo (2).
(2)Competitive examinations maybewaivedbytheCity
Manager when the vacancies soughttobe filled are for unskilled
work.
(3)Onlyapoliceofficerwhohascompletedtwo (2)yearsof
satisfactory continuous service with the South Miami Police
Departmentwillbeeligibletotakethepromotionalexaminationfor
Police Sergeant.
Page 2 of Ordinance No.25-98-1673
-2-
(4)OnlyaPoliceSergeantwhohas completed two (2)yearsof
satisfactory continuous service with the South Miami Police
Department will be eligible totakethe promotional examination for
Police Lieutenant.
SECTION 2:The City Commission hereby amends Section 16A-17,
deleting subsection 3and4intheirentirety.
SECTION 3:If any section,clause,sentence,or phrase ofthis
ordinanceisforanyreasonheld invalid or unconstitutional bya
courtof competent jurisdiction,the holding shall not affect the
validity of the remaining portion of this ordinance.
SECTION 4:All ordinances or parts of ordinances in conflict
withtheprovisionsofthisordinancearehereby repealed.
SECTION 5:Theordinancebeeffectiveimmediatelyafterthe
adoption hereof.
PASSEDANDADOPTEDTHIS 17tn DAYOF November
ATTE ST:AP PROVED:
JL^ZJ^L>
CITY CLERK
READ AND APPROVED AS TO FORM
/(£^ClJjsfA^
^"-CTITY ATTORNEY
1st Reading -11/3/98
2nd Reading -11/17/98
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell
1998.
4-0
Yea
Yea
Yea
Out of room
Yea
SOUTH MIAMI POLICE DEPARTMENT
INTER-OFFICE MEMORANDUM
TO:Mayor and City Commission DATE:November 17,1998
FROM:Charles Scurr,
City Manager^A /]
(jj^
RE:Agenda Item #
Comm.Mtg.Nov.17*1998
Change Section 16A-17
Code of Ordinances
&
Attached you will find an ordinance for second reading chanqina
Section 16A-17 oftheCodeof Ordinances.
Specifically,this ordinance calls for the deletion of subsections
3 and 4 which set the term in office necessary for a police officer
to take the promotional examination for sergeant,and for a
sergeantto take the promotional exam for lieutenant.
These sections strongly inhibit management rights.It is staff's
position that a certain level of experience needs to be attained
prior to promotion;however,in most instances,two years is not
sufficient.Police management is currently exploring a higher
number of years to ensure that the best candidates be tested.
Additionally,past experience has shown that there are some police
sergeants who exhibit outstanding leadership skills these members
should not be held back nor should the City be denied the benefit
of their expertise.
Eliminating these time requirements and restoring them as a
managerial decision isthegoalofthisordinance.
Your concurrence is respectfully requested.