Ord No 01-18-2290ORDINANCE NO. 01-18-2290
An Ordinance relating to the amendment of the City's 2017-2018 fiscal year budget
and increasing the appropriation amount for the General Fund and allocating such
increase to the Non-Departmental, line item 001-2100-519-9924.
WHEREAS, Florida Statue 166.241(4) provides that:
(4) The governing body of each municipality at any time within a fiscal year or
within 60 days following the end of the fiscal year may amend a budget for that
year as follows:
a) Appropriations for expenditures within a fund may be decreased or
increased by motion recorded in the minutes if the total appropriations
of the fund is not changed.
b) The governing body may establish procedures by which the designated
budget officer may authorize budget amendments if the total
appropriations of the fund is not changed.
c) If a budget amendment is required for a purpose not specifically
authorized in paragraph (a) or paragraph (b), the budget amendment
must be adopted in the same manner as the original budget unless
otherwise specified in the municipality's charter.
WHEREAS, the Non-Departmental section of the budget is used to allocate City
expenditures that have not otherwise been provided for in a specific section of the budget; and
WHEREAS, pursuant to resolution, the City Manager has been instructed to pay a
settlement in the amount of $1,025,000. In order to pay this sum, the City Commission must
approve an increase in the appropriation amount for the General Fund and a decrease in the
Unreserved, Unrestricted fund balance which has an approximate current balance of $7,328,313
and to allocate an increase of the budget in line item 001-2100-519-9924 of the Non-
Departmental section.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City of South Miami's fiscal year 2017/2018 budget is hereby amended
by increasing the General Fund appropriation by $1,025,000 from the unreserved, unrestricted
fund balance and allocating such increase to line item 001-2100-519-9924 of the Non-
Departmental section of the budget.
Section 2. The second reading of this ordinance shall be posted and advertised as a
special meeting for a public hearing to be held at 5:00 p.m. on January 23,2018 at City Hall.
Ord. No. 01-18-2290
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections
and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 23 rd day of January, 2018.
ATTEST:
1st Reading 01-16-18
2nd Reading 01-23-18
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APPROVED:
COMMISSION VOTE: 4-0
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Edmond: Yea
Commissioner Liebman: Absent
Commissioner Harris: Yea
RESOLUTION NO. 002-18-15034
A Resolution authorizing and instructing the City Attorney to settle the case
of Orlando Martinez de Castro versus the City of South Miami, Case Number
13-9342 CA 15 and Appellate Case Number 3D16-2421 and instructing the
City Manager to take the necessary steps to comply with the settlement terms
and to pay the settlement amount.
WHEREAS, the City Manager offered to payout the remainder of Mr. Martinez de
Castro's employment agreement and allow him to retire honorably and without the spector of
being terminated; and
WHEREAS, Mr. Martinez de Castro declined the City Manager's offer, refused to settle
his employment disagreement, sued the City and was later terminated by act of the majority of
the City Commission, and
WHEREAS, a fmal judgment was rendered wherein the Court determined: (1) The City
did in fact have the right to terminate Mr. Martinez de Castro, but (2) that Mr. Martinez de
Castro was entitled to the remainder of the compensation and benefits under his previous
employment agreement; and
WHEREAS, the fmal judgment was affirmed by the Third District Court of Appeals
without opinion: and
WHEREAS, the City has filed a motion for rehearing before the Third District Court of
Appeals which is currently pending; and
-WHEREAS, the only remaining issue, other than the motion for rehearing, is whether
the trial court erred in finding that Mr. Martinez de Castro was entitled to attorney fees at the
trial court and appellate court level and, if so, the amount of those fees; and
WHEREAS, a settlement was negotiated by the City in order to limit the fmancial
impact to the City's budget, by limiting further court proceedings and attorney expenses, and the
terms of the settlement include releasing claims and any supporting evidence that Mr. Martinez
de Castro committed numerous unethical acts while employed by the City,
WHEREAS, the Mayor and City Commission desires to settle the entire case including
trial and appellate attorney fees and costs.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Attorney is hereby authorized and instructed to settle the case for
$1,025,000.00, in exchange for a Joint General Release, releasing all of Mr. Martinez de Castro's
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Res. No. 002-18-15034
claims (other than for his other currently filed cases), including but not limited to the amount of
his judgment, all pre-and post-judgment interest and all trial and appellate fees and costs.
Section 2. The City Manager is instructed to sign a Joint General Release of all claims
related to Mr. Martinez de Castro's employment with the City of South Miami, including the City's
claims that Mr. Martinez de Castro committed numerous unethical acts while employed by the
City, and to take all appropriate steps to be able to pay and to pay the settlement amount within 30
days.
Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 4. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this jday of January ,2018.
APPROVED:
J!ltffkiM
COMMISSION \TOTE: 4-1
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Harris: Yea
Commissioner Edmond: Yea
Commissioner Liebman: Nay
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