Res No 112-22-15865RESOLUTION NO. 112-22-15865
A Resolution ·extending the term limits and acknowledging Commissioner
Harris' reappointment of Gary A. Costales to serve on the Historic
Preservation Board for an additional two-year term ending February 6,
2024.
WHEREAS, the Mayor and Commission recognize the important contributions made by
those who serve on the various City boards and committees and wish to appoint a full
complement to each of the active boards and committees; and
WHEREAS, commencing with appointments made after January I, 2009, Sec. 2-22
"Term Limits" of the Code of Ordinances provides that, appointees are limited to two (2)
consecutive two-year terms of membership on a specific commission, board, or committee. After
serving a maximum of two (2) consecutive two-year terms, an appointee shall not be reappointed
to the same commission, board or committee unless at least one year has elapsed between the
term limited position and the effective date of commencement of the proposed appointment for a
new term; and
WHEREAS, Sec. 2-22 "Term Limits" of the Code of Ordinances, as amended by
Ordinance No. 06-I 4-2184, dated April 15, 2014, provides that the appointer, or his or her
successor in office, may extend the term limits of his or her appointment with the advice and
consent of a majority of the City Commission; and
WHEREAS, pursuant to Sec. 2-22 "Term Limits" of the Code of Ordinances, this will
be Gary A. Costales' fifth two-year term without the mandatory one-year hiatus; and
WHEREAS, Mr. Costales original appointment was July I 9, 2011, and he was
reappointed on May 20, 2014, February 6, 2018 and October 6, 2020, respectively; and
WHEREAS, Mayor and Commission agree to the extension of Mr. Costales' term limits
to serve on the Historic Preservation Board for an additional two-year term exceeding the City's
term limit ordinance as an allowable exception.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and
they are incorporated into this resolution by reference as if set forth in full herein.
Section 2. The City Commission finds that Gary A. Costales qualifies as an
exception to the term limits set forth in Section 2-22 of the City's Code of Ordinances, approves
of an extension of term limits for Mr. Costales and acknowledge his reappointment by
Commissioner Harris to serve on the Historic Preservation Board for an additional two-year
term.
Page 1 of2
Res. No. 112 -22 -1 5865
Section 3. The expiration date of this appointment(s) shall be on February 6, 2024, or
unless removed earlier.
Section 4. Corrections . Conform in g language or technical scrivener -t ype corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution fo r s ignature.
Section 5. SeverabiJity. If any s ction clause, sentence. or phrase of th is resolution is for
any reason held in valid or unconstitutional by a cou11 of competent jurisdiction , the holding shal l
not affect the val idi ty of the remaining portions of this resolution.
Section 6. Effective Date. Thi resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this~ day of September, 2022.
ATTEST:
~--~
CITY ~iii<({
READ AND APPROVED AS TO FORM,
LANGUAGE LEGALITY A D
EX NTHE
ORNEY
Page 2 of2
APPROV D:
COMMISSION VOTE:
Mayor Philips:
Commissioner Harris:
Commissioner Liebman:
Commissioner Gil:
Commissioner Corey:
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:7.
City Commission Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: Nkenga Payne
Submitting Department: City Clerk
Item Type: Resolution
Agenda Section:
Subject:
A Resolution extending the term limits and acknowledging Commissioner Harris’ reappointment of Gary A.
Costales to serve on the Historic Preservation Board for an additional two-year term ending February 6, 2024.
3/5 (Commissioner Harris)
Suggested Action:
Attachments:
Resolution extending Gary Costales Historic Preservation Board term limits.doc
Gary Costales..pdf
1
4
Referred by: Commissioner Josh Liebman
Mayor or Commissioner
S o u t.h Mta ml
Florida ......
illff'
2.001
CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION
6130 Sunset Drive
South Miami, FL 33143
Phone No. 305-663-6340
Fax No. 305-663-6348
1. I am interested in serving on the following board(s)/committee(s):
Community Relations Board
First c:boice Second choice
Third c:boice Fourth choice
2. Name: ___________ G_a_ry_A _C_o_st_a_le_s ________________ _
(Please print)
3. Home Address: 5981 SW 81 Street South Miami FL 33143
4. Business Address: 1533 Sunset Drive Suite 150, Miami FL 33143
5. Home Phone No. ________ _
6. E-mail Address:
Business Phone No.
Fax No.
7. Education/Degree Earned: _J_ur_is_D_o_c_to_r ____________________ _
Pertinent Experience: 29+ years of practice as an employment attorney who represents management as well as
deserving plaintiffs. (see attached).
Field Expertise: 29+ years of experience litigating and counseling individuals and companies on issues concerning
the Equal Employment Opportunity laws that apply to the workplace (see attached)
8. Comm~nity Service:
9.
10.
11.
12.
Chair, City of South Miami Historical Preservation Board
Attached Resume: (Optional)
Are you a registered voter?
Are you a resident of the City?
Do you have a business in the City?
Yes§ Yes
Yes
NoE No
No ✓
Please be aware that all applicants who are appointed to any City board, commission or committee, as well as all
employees -and volunteers, who will provide any service or who may come into contact with vulnerable persons as
defined in Section 435.02, Fla. Stat. (including children and the elderly) in the course of their appointment,
employment or volunteerism, must compliance with Level II Background Screening and fingerprinting
requirements as per, Florida Statute Ch. 435. Such individual must have passed the background screening to the
satisfaction of the City prior to the appointment to the position or the start of any employment or volunteerism.
Gary Andrew Digita ll y signed by Gary
Andrew Costales
S. Costales Date :2021 .11.16 1gnature _________ -=22='-',3""9::.;:.;03'---0.:.:s""·o"-o· _______ _
Applicant
Revised 4/ 15
Date November 16, 2021
Attachment to City of South Miami Board/Committee Application
Questions 7 and 8:
My work as an employment law attorney whose worked has focused on civil rights law for
more than 29 years would be helpful to the City’s Community Relations Board. Counseling
individuals and companies on discrimination claims, or how to best avoid them, requires a
thorough understanding of the civil rights laws that Congress passed to promote diversity in
society. For more than 29 years, my work has required that I keep abreast of the latest changes to
civil rights law and anticipate future ones. The board would benefit from my perspective as an
individual who not only knows the history of those laws that promote diversity, but also an
understanding of where the law may be headed in the future.
My journey to become a lawyer started with a desire to work in the civil rights area on
behalf of Plaintiffs – to “fight for right.” I was brought up in a diverse family including a father
who, during his time as a New York City Policy Officer, founded or participated in numerous civic
organizations devoted to equal opportunity in the community. He was later the district director of
the EEOC’s Miami district for 29 years. I worked for the Commission’s Memphis office for six
years as an administrative judge and trial attorney. As an EEOC trial attorney, my client was not
any particular individual, but was the people of the United States – the public interest. That work
was gratifying, and I presently represent low-income individuals on a contingency basis as they
seek a remedy for a civil rights wrong that has been committed.
Helping people to resolve their workplace disputes because they have been wronged based
on their age, race, sex, color, religion, national origin, disability or sexual orientation has been a
passion of mine my entire career. My work in helping companies and small businesses resolve
their employment law issues gives me a better understanding on how to anticipate or resolve
problems that concern diversity. Representing both sides of the fence inevitably hones one’s skills
when representing one side or the other. If appointed to the Board, my experience would help to
avoid overreaction to whatever issues that may arise concerning diversity. My experience as a
mediator would also be helpful.
I am the Chair of Historical Preservation Board and have been on that board for several
years. I have done other community work in the past and have been a resident of the City of South
Miami since 2008. I was born in New York City and have lived in South Florida since 1979, when
I was 13. My experience would also be helpful to the board when dealing with issues concerning
homelessness.
5
GARY A. COSTALES, ESQ.
5981 SW 81 STREET
SOUTH MIAMI, FLORIDA 33143
______________________________________________________________________________
(786) 446-7288 (office) gary@youremploymentattorney.com
(305) 773-1541 (cellular) www.youremploymentattorney.com
FLORIDA BAR CERTIFIED EXPERT AND SPECIALIST IN LABOR AND EMPLOYMENT LAW
Experienced Attorney with a proven track record in court litigation, legal counseling, litigation prevention techniques for
those matters involving all laws applicable to the employee/employer relationship and mediation.
__________________________________________________PROFESSIONAL EXPERIENCE__________________________________________________
Gary A. Costales, P.A., 1500 Sunset Drive, Ste 150, Miami, Florida July 2000 – present
Florida Bar board certified attorney specializing in all areas of labor and employment law on behalf of deserving
plaintiffs or management in both individual and class or collective action lawsuits and matters pending before
governmental agencies. Experience includes:
• Pre-litigation counseling on all matters pertaining to laws that affect the employee/employer relationship
• Litigation services for management or deserving plaintiffs, through trial and appeal, including representation
in all state and federal courts
• Counseling on contractual matters, including the preparation of executive contacts and the negotiation of
severance agreements
• Counseling on compensation plans, employee retention agreements, noncompete, and trade secret or
confidential information agreements
• Legal counseling on all matters pertaining to the Fair Labor Relations Act (FLRA) and union campaigns
• The completion of audits of personnel practices to assure compliance with all applicable labor and employment
laws, with a focus on Title VII of the Civil Rights Act and the Fair Labor Standards Act (FLSA)
• Advising clients on benefits issues, such as COBRA, ERISA and accessibility requirement counseling
pertaining to a company’s adherence to the Americans with Disabilities Act (ADA)
• Representation of management before various governmental agencies including, but not limited to, the Equal
Employment Opportunity Commission (EEOC) and the Department of Labor (DOL)
• Counseling on the development of policies and procedures to be used during mass layoffs
• Preventive maintenance techniques including workplace solutions to foster employee morale
• EEO and other employee and/or manager training, and various human resources matters
• Day-to-day counseling on the hiring and firing of employees to assure compliance with all applicable laws
• Mediation and alternative resolution services
Representative clients may be provided upon request.
Allen, Norton & Blue, Coral Gables, Florida, Senior Associate Attorney, September 1997 – June 2000
• Worked with Florida’s oldest and then largest labor and employment law firm and was responsible for
litigation and legal counseling services for a variety of private and public sector clients
• Litigation and counseling services for alleged violations of constitutional rights lodged by public sector
employees
• Prepared employment, non-compete and waiver and release agreements. Duties also included counseling
numerous private and public sector clients on all matters pertaining to labor and employment law, including
day-to-day matters.
6
2
United States Equal Employment Opportunity Commission, Memphis, Tennessee
Trial Attorney, October 1994 – September 1997
Administrative Judge, October 1992 – October 1994
Hearings Clerk, September 1991 – October 1992
• As a trial attorney, handled all aspects of the litigation of civil rights individual and class actions filed by the
EEOC in Tennessee, Arkansas, Missouri and North Carolina in either a first or second chair capacity
• Duties also included counseling EEOC investigators on matters pertaining to EEOC investigations, the
issuance of subpoenas, temporary restraining orders, and the handling of requests made under the Freedom
of Information Act
• As an Administrative Judge, held hearings throughout the country and rendered decisions pertaining to
individual or class action complaints of discrimination filed by employees of the federal government.
United States Attorney, Birmingham, AL
Legal Intern, 1989
Hon. Mario Goderich, Eleventh Judicial Circuit, Miami, FL
Law Clerk, 1988
EDUCATION J.D. (1991) Cumberland School of Law, Birmingham, AL
Member - Moot Court and Trial Advocacy Boards
B.S. (1988) Florida International University, Miami, FL
PUBLICATIONS: Various in legal periodicals, newspapers, etc.
BAR/MEMBERSHIPS: Florida Bar, Board Certified in Labor and Employment Law
Southern, Middle and Northern Districts, Florida; District of Colorado
Certified Mediator – County and Circuit Courts
“Super Lawyers” 2012-2021
“Best Lawyers” 2013-2021
ORGANIZATIONS & Chair, City of South Miami Historical Preservation Board
Former Board Member, Earth Learning, Inc.
COMMUNITY: Labor and Employment Section, Florida Bar
Federal Bar Association, American Bar Association
7
LABOR &
EMPLOYMENT LAW