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Ord No 20-25-2533ORDINANCE NO.20-25-2533 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,AMENDING ARTICLE II.-“DEPARTMENTS” OF CHAPTER 2 -“ADMINISTRATION AND CITY GOVERNMENT”OF THE CITY CODE,TO PROVIDE FOR THE ESTABLISHMENT OF CITY DEPARTMENTS ANNUALLY IN THE ADOPTED BUDGET ORDINANCE, TOGETHER WITH ESTABLISHMENT OF DUTIES AND FUNCTIONS OF EACH CITY DEPARTMENT;TO CLARIFY THAT CHARTER OFFICERS AND THEIR STAFF ARE NOT DEPARTMENTS;PROVIDING FOR CORRECTIONS;SEVERABILITY;CONFLICTS; IMPLEMENTATION;AND AN EFFECTIVE DATE. WHEREAS,Article VIII,Section 2 of the Florida Constitution,and Chapter 166,Florida Statutes,provides municipalities with the authority to exercise any power for municipal purposes, except where prohibited by law,and to adopt ordinances in furtherance of such authority;and WHEREAS,the City Commission of the City of South Miami (“City”)finds it periodically necessary to amend its Code of Ordinances (the “Code”)to update regulations and procedures to maintain consistency with state law,implement municipal goals and objectives, clarify regulations,and address specific issues and needs that may arise;and WHEREAS,Section 11 of Article II of the City’s Charter provides that "...the Commission shall establish by ordinance,such departments of the City as it deems necessary or advisable and prescribe the functions of all departments,and duties...”;and WHEREAS,other sections of Article II.-“Departments”,of Chapter 2.-“Administration and City Government”of the Code also provide for the establishment or existence of various City departments,and their duties and functions,many of which have changed or become obsolete,and do not conform to the existing City departments and functions;and WHEREAS,the City Commission finds that various sections of Article II.- “Departments”,of Chapter 2.-“Administration and City Government”of the Code incorrectly reference Charter officers,such as the City Manager,City Attorney and City Clerk,as City departments,and require amendments in order to conform to the Charter;and WHEREAS,the City Commission finds it proper and in the best interest of the City to amend various sections of Article II.-“Departments”,of Chapter 2.-“Administration and City Government”of the Code to (I)to delete references to City departments,and their specific functions and duties,and instead provide for the annual establishment of City Departments in the adopted Budget Ordinance;all in conformance with the Chater and the actual practices of the City, and (ii)delete references to the Charter officers of City Manager or Administrative Department, Legal Department and City Clerk as City departments;and Page 1 of 3 Ord.No.20-25-2533 WHEREAS,on July 29,2025,the City Commission approved the ordinance on first reading;and WHEREAS,on August 19,2025,the City Commission conducted a duly noticed public hearing as required by law and approved the ordinance on second reading;and WHEREAS,the City Commission finds that this Ordinance is in the best interest and welfare of the City and its administration. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AS FOLLOWS:1 Section 1.Recitals.The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2.Amending Article II.-“Departments”,of Chapter 2.- “Administration and City Government”of the Code.Various sections of Article II.- “Departments”,of Chapter 2.-“Administration and City Government”of the Code arc hereby amended as set forth in Exhibit “A”attached hereto and made a part hereof. Section 3.Corrections.Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final Ordinance for signature. Section 4.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,the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5.Conflicts.That all ordinances or parts of ordinances,resolutions or parts of resolutions,in conflict herewith,are repealed to the extent of such conflict. Section 6.Implementation.That the City Manager and City Attorney are authorized to take any and all actions necessary to implement this ordinance. Section 7.Effective Date.This Ordinance shall become effective immediately upon adoption. 1 Coding:Str-ikethreugh-werds are deletions to the existing words.Underlined words are additions to the existing words.Changes between first and second reading are indicated with deubk^^kethrotigh and donblg-Undedine and are highlighted in grey.Modifications made at second reading are shaded in Page 2 of 3 Ord.No.20-25-2533 PASSED on first reading on the 29th day of July,2025. PASSED AND ADOPTED on second reading on the 1 9l h,day of August,2025. ATTEST:APPROVED: LANGUAGE,LEGALITY AND EXECUTION THEREOF WEISS SEROTA HELFMAN COLE &BIERMAN,P.L. CITY ATTORNEY MAYOR COMMISSION VOTE:4-0 Mayor Javier Fernandez:Yea Vice Mayor Brian Corey:Yea Commissioner Lisa Bonich:Yea Commissioner Steve Calle:Yea Commissioner Danny Rodriguez:Absent Page 3 of 3 Subject: Suggested Action: Meeting Date:August 19, 2025 Submitted By:Nkenga Payne Submitted Department:City Manager Item Type:Ordinance Agenda Section:ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE II. - "DEPARTMENTS" OF CHAPTER 2 - "ADMINISTRATION AND CITY GOVERNMENT" OF THE CITY CODE, TO PROVIDE FOR THE ESTABLISHMENT OF CITY DEPARTMENTS ANNUALLY IN THE ADOPTED BUDGET ORDINANCE, TOGETHER WITH ESTABLISHMENT OF DUTIES AND FUNCTIONS OF EACH CITY DEPARTMENT; TO CLARIFY THAT CHARTER OFFICERS AND THEIR STAFF ARE NOT DEPARTMENTS; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER) Agenda Item No. 5. CITY COMMISSION Agenda Item Report Attachments: Memo_Department_Ordinance_Rewrite__2_.docx Ordinance_City_Departments_SR.docx 4BJ4953-Ord_Amending_Code_Departments_-_Exhibit_A.DOCX ad.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO: The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM: Genaro “Chip” Iglesias, City Manager DATE: August 19, 2025 SUBJECT: Ordinance Amending “Departments” and “Administration and City Government” to Provide for the Establishment of City Departments Annually in the Adopted Budget RECOMMENDATION: Approve the Amendment to Article II “Departments” of Chapter 2 “Administration and City Government” of the City Code to provide for the establishment of City Departments annually in the adopted budget ordinance. The Ordinance was approved on first reading during the Commission meeting on Tuesday, July 29, 2025. BACKGROUND: Section 11 of Article II of the City Charter states that “…the Commission shall establish by ordinance such departments of the City as it deems necessary or advisable and prescribe the functions of all departments and duties…” Other parts of Article II, titled “Departments,” in Chapter 2, “Administration and City Government,” of the City Code also address the creation and structure of various departments along with their duties and responsibilities. However, many of these provisions are outdated, do not align with the City's current organizational structure, and in some cases reference departments that no longer exist. In addition, the Code incorrectly identifies Charter offices, including the City Manager, City Attorney, and City Clerk, as City departments. These references need to be corrected so the Code accurately reflects the Charter’s distinction between Charter officers/offices and departments. FUNDING: N/A ATTACHMENTS: Draft Ordinance 2 South ’Miami THE CITY OF PLEASANT LIVING EXHIBIT “A’ ARTICLE II. – DEPARTMENTS 1 * * * 2 Sec. 2-5. - Designated; titles of department heads City Departments. 3 The administrative service of the city shall consist of the following departments and the 4 department/division heads shall be known by the titles shown: 5 DEPARTMENT/DIVISION DEPARTMENT/DIVISION HEAD (1) Administrative City Manager (2) Finance Finance Director (3) Legal City Attorney (4) Police Chief of Police (5) Public Works Director of Public Works (6) Building Building Director (7) Planning and Zoning Planning and Zoning Director (8) Records City Clerk (9) Recreation Recreation Director (10) Office of Development Director, Office of Development 6 City departments, not to include Charter offices and their staff which are not considered 7 departments, shall be established annually in the adopted budget ordinance, together with each 8 department’s duties and functions. 9 Sec. 2-6. - Department heads; selection, qualifications, removal, compensation and term of 10 office. 11 All department heads, not to include Charter offices, except city attorneys, city clerk, and shall 12 be appointed by the city manager for indefinite terms after first obtaining the consent of a 13 majority of the members of City Commission at a duly noticed City Commission meeting. They 14 shall be appointed on the basis of ability to perform the duties of the position held and may be 15 removed by the city manager. Appointment of the city attorneys, city clerk and city manager 16 shall be by the city commission, as set forth in the Charter. 17 6 ——— ——— ——— ——— — ——— EXHIBIT “A’ Compensation of all department heads shall be fixed by the pay scale adopted by the city 18 commission. 19 Sec. 2-7. - Administration department; functions and duties Cost Recovery. 20 (1) The administration department shall operate directly under the supervision of the city 21 manager and shall consist of the following divisions and duties: 22 (a) Code enforcement division, which shall provide field enforcement of all zoning codes and 23 ordinances. 24 (b) Personnel division shall act as secretary to the personnel board, hire all help, keep all 25 employee records on employment, vacations and sick leave, handle all matters pertaining to 26 group insurance and retirement funds; and any other duties related to personnel records. 27 (c) The city manager shall establish fees to be charged for the furnishing of copies of city records 28 and documents. The city manager shall establish fees to be charged for participation in city 29 sponsored programs, including but not limited, to those conducted by the recreational 30 department; a different schedule of fees may be established for nonresidents of the city. Where 31 services are performed by the city and a fee not established by the commission, the city manager 32 shall establish such fee. A list of all fees and charges established by the city manager shall be on 33 file with the city clerk together with all amendments and changes thereto and available for public 34 inspection. All fees and charges established pursuant hereto shall be predicated upon the actual 35 cost to the city and subject to review by the city commission. 36 (d) The administration department shall perform such other functions as required by city 37 commission. 38 (2) Cost recovery administrative program. 39 * * * 40 Sec. 2-7.1. - Supervision, duties of parking control division. Intentionally Deleted - 41 Reserved 42 The parking control division shall be under the direct control of the finance director and shall 43 have the following duties: 44 (a) Operation, installation, repair and service of city-owned parking meters and parking lots. 45 (b) Nonexclusive enforcement of ordinances and regulations relating to inspections and parking 46 of motor vehicles. 47 Sec. 2-8. - Finance department. Intentionally Deleted – Reserved. 48 The finance department shall be under the supervision of the director of finance and shall have 49 the following duties: 50 7 EXHIBIT “A’ Auditing division. 51 (1) Auditing of all receipts and expenditures. 52 (2) Keeping of all accounts of the city and issuing such reports as required by the city manager. 53 (3) The director of finance shall countersign all checks, after verification of availability of funds. 54 (b) Treasury division, under the immediate supervision of the city manager, shall perform the 55 following functions: 56 (1) Maintain custody of all city funds, investments and securities, including the deposit, 57 withdrawal and recording thereof. 58 (2) Negotiate all loans. 59 (3) The city manager, as treasurer, shall sign all checks, notes, and bonds of the city. 60 (c) Collection division, under the direct supervision of the finance director, shall perform the 61 following functions: 62 (1) Bill and collect all waste accounts. 63 (2) Assess, bill and collect all property taxes. 64 (3) Bill and collect all occupational taxes, rentals, license fees, and other charges. 65 (4) Collection of parking fees and fines. 66 (5) Maintain proper records pertaining to duties of this division. 67 (6) Perform all other duties as required by city manager. 68 (d) Central purchasing for all city activities. 69 (e) Parking division, under the direct supervision of the finance director, shall operate or contract 70 for the operation of city-owned parking meters and parking lots. 71 (f) All checks must be signed by both the finance director and the city manager. However, if one 72 (1) of them is unable to sign the check, the city clerk may sign the check in that person's stead. In 73 any event, all city checks must be signed by two (2) of the three (3) individuals authorized by 74 this subsection. 75 * * * 76 Sec. 2-10. - Legal department; functions and duties. Intentionally Deleted – Reserved. 77 The legal department shall consist of a city attorney and such assistant city attorneys as may be 78 necessary; the assistant city attorney to serve in the absence of the city attorney. 79 The legal department shall perform the following functions: 80 8 EXHIBIT “A’ (a) 81 Represent the city in all matters in which the city has an interest coming before any court or 82 tribunal, except in such cases as other arrangements may be specifically made by the city 83 commission. 84 (b) 85 Advise the commission, manager, and department heads in all cases when legal opinion is 86 required and requested. 87 (c) 88 Draft all deeds, leases, contracts, and other legal instruments as required. 89 (d) 90 Perform all other related functions as required. 91 * * * 92 Sec. 2-12. - Police department; functions and duties. Intentionally Deleted – Reserved. 93 The police department, under the supervision of the police chief, shall have the following 94 functions: 95 (a) Enforce the laws and ordinances. 96 (b) Prevent crime and maintain peace and order. 97 (c) Protect lives and property from malicious damage and injury. 98 (d) Maintain and care for all property assigned to the police department. 99 (e) Prosecute all violations within its jurisdiction. 100 (f) Prepare and maintain all records required by law and the city manager. 101 (g) Install and maintain all traffic regulatory signs and signals. 102 (h) Maintain all traffic control street markings. 103 (i) Perform all other related functions as required. 104 Sec. 2-13. - Planning and zoning, and building divisions functions and duties. Intentionally 105 Deleted – Reserved. 106 (a) The building division, under the director of building, shall perform the following functions: 107 (1) Enforce all building, plumbing and electrical codes; 108 (2) Enforce all city zoning codes and ordinances; 109 9 EXHIBIT “A’ (3) Enforce all subdivision and platting regulations; 110 (4) Implement and supervise construction, regulate and maintain all sanitary sewer systems on 111 city property; and 112 (5) Perform all other functions as required by the city manager. 113 (b) The planning and zoning division, under the director of planning and zoning, shall perform 114 the following functions: 115 (1) Prepare for review by the city's planning board and for adoption or rejection by the city 116 commission all matters pertaining to zoning, subdivision control and related city regulations and 117 codes; 118 (2) Supervise the studies of city population, land use, facilities, resources and needs and other 119 factors which influence the city's development and on the basis of such studies prepare such 120 official and other maps and reports as, taken together, constitute a master plan for the welfare, 121 recreation, economic and physical development of the city; and 122 (3) Perform all other functions as required by the city manager. 123 124 Sec. 2-14. - Public works department; functions and duties. Intentionally Deleted – 125 Reserved. 126 The public works department, under the supervision of the director of public works, shall 127 perform the following duties: 128 (a) Construct and maintain all streets, alleys, bridges and sidewalks, on city property. 129 (b) Construct and maintain all storm sewers or other surface water drainage systems built on city 130 property. 131 (c) Maintain all city owned buildings. 132 (d) Operate the central repair and maintenance garage. 133 (e) Construct and maintain all city parks and playgrounds. 134 (f) Collect and dispose of all garbage and trash as required in Chapter 11 of the City Code. 135 (g) Maintain all property and equipment assigned to this department. 136 (h) Prepare and maintain all records pertaining to this department, as required by the city 137 manager. 138 (i) Perform all other functions as required by the city manager. 139 10 EXHIBIT “A’ (j) Provide landscape maintenance for city rights-of-way, swale areas, and all other public 140 properties. 141 Sec. 2-15. - Records department; functions and duties. Intentionally Deleted – Reserved. 142 The records department, directed by the city clerk, shall perform the following duties: 143 (a) Prepare, maintain, publish and index all proceedings of the city commission. 144 (b) Arrange for all elections and maintain all election records. 145 (c) File and preserve, as required, all contracts, bonds, oaths of office, and other documents. 146 (d) File, preserve, and codify all ordinances; file and preserve all resolutions. 147 (e) Shall have authority to administer oaths. 148 (f) Shall act as the records management liaison officer (RMLO) of the city. 149 (g) Perform all other related functions as required by the city commission. 150 151 Sec. 2-16. - Recreation department; functions and duties. Intentionally Deleted – 152 Reserved. 153 The recreation department, supervised by the director of recreation, shall perform the following 154 functions: 155 (a) Develop a general recreation program for the city. 156 (b) Operate the recreation activities on all city owned or leased properties. 157 (c) Maintain and operate all property assigned to the recreation department. 158 (d) Prepare and maintain all records pertaining to the department, as required by the city 159 manager. 160 (e) Perform all other related functions as required. 161 162 * * * 163 164 11 ’-8= 3* 7398, 1-%1- *036-(% ’-8= ’311-77-32 1))8-2+ 238-’) 3* 49&0-’ ,)%6-2+ 2SXMGI MW LIVIF] KMZIR XLEX XLI ’MX] ’SQQMWWMSR [MPP LSPH E TYFPMG LIEVMRK SR 8YIWHE] %YKYWX EX TQ EX 7SYXL 1MEQM ’MX] ,EPP ’SQQMWWMSR ’LEQFIVW 7YRWIX (VMZI 7SYXL 1MEQM *0 XS GSRWMHIV XLI JSPPS[MRK TYFPMG LIEVMRK MXIQW %2 36(-2%2’) 3* 8,) 1%=36 %2( ’-8= ’311-77-32 3* 8,) ’-8= 3* 7398, 1-%1- *036-(% %1)2(-2+ 8,) *9896) 0%2( 97) 1%4 3* 8,) *9896) 0%2( 97) )0)1)28 3* 8,) ’-8= 3* 7398, 1-%1- ’3146),)27-:) 40%2 49679%28 83 71%007’%0) %1)2(1)28 463’)(96)7 7)8 *368, -2 7)’8-32 *036-(% 78%898)7 83 ’,%2+) 8,) *9896) 0%2( 97) ()7-+2%8-32 3* ’)68%-2 4%6’)07 32 8,) 7398, 7-() 3* 8, 8)66%’) &)8;))2 7; 8, %:)29) 32 8,) )%78 %2( 7; 78 ’3968 32 8,) ;)78 *631 8,)-6 ’966)28 ()7-+2%8-32 3* 1-<)( 6)7-()2 8-%013()6%8) ()27-8=¿ 161(¿ 83 83;2,397) 6)7-()28-%0¿ 86¿ 463:-(-2+ *36 86%27 1-88%0 ’366)’8-327 7):)6%&-0-8= ’32*0-’87 -140)1)28%8-32 %2( %2 )**)’8-:) (%8) %2 36(-2%2’) 3* 8,) 1%=36 %2( ’-8= ’311-77-32 3* 8,) ’-8= 3* 7398, 1-%1- *036-(% %1)2(-2+ %68-’0) --- >32-2+ 6)+90%8-327¿ 7)’8-32 79440)1)28%0 6)+90%8-327¿ 3* 8,) 0%2( ():)0341)28 ’3() 6)0%8-2+ 83 %’’)7736= 7836%+) 3* 6)’6)%8-32%0 :),-’0)7 -2 7-2+0)*%1-0= 6)7-()28-%0 4634)68-)7 463:-(-2+ *36 ’366)’8-327 7):)6%&-0-8= ’32 *0-’87 -140)1)28%8-32 %2( %2 )**)’8-:) (%8) %2 36(-2%2’) 3* 8,) 1%=36 %2( ’-8= ’311-77-32 3* 8,) ’-8= 3* 7398, 1-%1- *036-(% %1)2(-2+ %68-’0) -- „ ()4%681)287¿ 3* ’,%48)6 %(1-2-786%8-32 %2( ’-8= +3:)621)28¿ 3* 8,) ’-8= ’3() 83 463:-() *36 8,) )78%&0-7,1)28 3* ’-8= ()4%681)287 %229%00= -2 8,) %(348)( &9(+)8 36(-2%2’) 83+)8,)6 ;-8, )78%&0-7,1)28 3* (98-)7 %2( *92’8-327 3* )%’, ’-8= ()4%681)28 83 ’0%6-*= 8,%8 ’,%68)6 3**-’)67 %2( 8,)-6 78%** %6) 238 () 4%681)287 463:-(-2+ *36 ’366)’8-327 7):)6%&-0-8= ’32*0-’87 -140)1)28%8-32 %2( %2 )**)’8-:) (%8) ’SQQMWWMSR QIQFIVW [MPP TEVXMGMTEXI MR ’LEQFIVW SV F] ZMHIS GSRJIVIRGMRK XLVSYKL XLI >SSQ TPEXJSVQ ERH QIQFIVW SJ XLI TYFPMG QE] NSMR XLI QIIXMRK ZME >SSQ EX LXXTW^SSQYWN F] TLSRI F] GEPPMRK ERH IRXIVMRK 1IIXMRK -( [LIR TVSQTXIH SV MR TIVWSR MR XLI ’SQQMWWMSR ’LEQFIVW ERH [LIVI XLIMV ETTIEVERGI [MPP FI FVSEHGEWX SR XLI >SSQ TPEXJSVQ ERH [LIVI XLI] GER TEVXMGMTEXI %PP MRXIVIWXIH TEVXMIW EVI MRZMXIH XS EXXIRH ERH [MPP FI LIEVH *SV JYVXLIV MRJSVQEXMSR TPIEWI GSRXEGX XLI ’MX] ’PIVO…W 3JJMGI EX 4YVWYERX XS 7IGXMSR *PE 7XEX XLI ’MX] LIVIF] EHZMWIW XLI TYFPMG XLEX MJ E TIVWSR HIGMHIW XS ETTIEP ER] HIGMWMSR QEHI F] XLI ’SQQMWWMSR [MXL VIWTIGX XS XLMW QEXXIV WYGL TIVWSR QYWX IRWYVI XLEX E ZIVFEXMQ VIGSVH SJ XLI TVSGIIHMRKW MW QEHI [LMGL VIGSVH MRGPYHIW XLI XIWXMQSR] ERH IZMHIRGI YTSR [LMGL XLI ETTIEP MW XS FI FEWIH 8LMW RSXMGI HSIW RSX GSRWXMXYXI GSRWIRX F] XLI ’MX] JSV XLI MRXVSHYGXMSR SV EHQMWWMSR SJ SXLIV[MWI MREHQMWWMFPI SV MVVIPIZERX IZMHIRGI RSV HSIW MX EYXLSVM^I GLEPPIRKIW SV ETTIEPW RSX SXLIV[MWI EPPS[IH F] PE[ %(% 8S VIUYIWX E QSHMJMGEXMSR XS E TSPMG] TVEGXMGI SV TVSGIHYVI SV XS VIUYIWX ER EY\MPMEV] EMHI SV WIVZMGI MR SVHIV XS TEVXMGMTEXI MR E ’MX] TVSKVEQ EGXMZMX] SV IZIRX ]SY QYWX SR SV FIJSVI TQ FYWMRIWW HE]W FIJSVI XLI QIIXMRK RSX GSYRXMRK XLI HE] SJ XLI QIIXMRK HIPMZIV ]SYV VIUYIWX XS XLI ’MX] ’PIVO F] XIPITLSRI F] QEMP EX 7YRWIX (VMZI 7SYXL 1MEQM *PSVMHE SV IQEMP EX RTE]RI$WSYXL QMEQMJPKSZ 2OIRKE % 4E]RI ’1’ *’61 ’MX] ’PIVO 12 CHORAL MUSIC TEACHER Miami-Dade private school Seeks Choral Music Teacher far ages 6-12. Min 3 yrs exp.required Must have bachelors degree in related subject Must be proficient In English. Competitive salary available. Ema ib resume?-scbaolGsalHXBnffermonteswrifiorn BUILDING BLACKBUSINESSES Join the Miami Herald for a black business panel, where three business leaders will share actionable advice for small business owners and aspiring entrepreneurs in South Florida. *Light bites to be provided. Tuesday,August 12th |6 -8 PM Co-Space 1 17560 NW 27th Ave. Suite 105,Miami Gardens,FL b.eric Knom suzan ucomii Miami Dade chamber of Commerce Circle ol One Marketing Aamir Taylor Italian Vice Moderator Michael Butler Miami Herald Scan the OR code to purchase your $20 ticket & opportunity to get your headshot taken by a Miami Herald photographer THiaini Herald (§|c°±pace