02-17-09 Item 14CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: The Mayor and City Commission Date: February 9, 2009
From: Eve A. Boutsis, office of City Attorney Re: Administration
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING CHAPTER 2 OF
THE CITY'S CODE OF ORDINANCES ENTITLED ADMINISTRATION AND
CITY GOVERNMENT; BY AMENDING SECTION 2 -7 ENTITLED
"ADMINISTRATIVE DEPARTMENT FUNCTIONS AND DUTIES "; TO
INCLUDE SUBSECTION (E); PROHIBITING FORMER EMPLOYEES THAT
HAVE RECEIVED SEVERANCE AND /OR HAVE SUED THE CITY AND HAVE
RECEIVED A SETTLEMENT OR JUDGMENT AGAINST THE CITY FROM
SEEKING RE- EMPLOYMENT AT THE CITY, EXCEPT AS OTHERWISE
PROVIDED UNDER LAW; PROVIDING FOR SEVERABILITY, ORDINANCES
IN CONFLICT, AND AN EFFECTIVE DATE. [Sponsored by Commissioner
Velma Palmer].
BACKGROUND AND ANALYSIS:
The Mayor and City Commission of the City of South Miami create policy for the City. Chapter 2 of
the City's Code of Ordinances relates to the Administration of the City and functions of the City's
government. Chapter 2, at Article II creates the various departments of the City and provides
administrative policy direction to the city manager relating to employees. The proposed amendment
provides for a new subsection 2 -7(e). This subsection would preclude the manager from re- hiring
former employees that have received severance (other than any pension or leave payouts as provided
under the City's personnel policies and union contracts) and/or have sued the City and have received
a settlement or judgment against the City. The only caveat would be any requirement under law that
would require the re- hiring of a former employee (for example: a wrongful termination action)
FISCALBUDGETARY IMPACT: None
RECOMMENDATION: Approval.
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
5 AMENDING CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES
6 ENTITLED ADMINISTRATION AND CITY GOVERNMENT; BY
7 AMENDING SECTION 2 -7 ENTITLED "ADMINISTRATIVE
8 DEPARTMENT FUNCTIONS AND DUTIES "; TO INCLUDE
9 SUBSECTION (E); PROHIBITING FORMER EMPLOYEES THAT
10 HAVE RECEIVED SEVERANCE AND /OR HAVE SUED THE CITY
11 AND HAVE RECEIVED A SETTLEMENT OR JUDGMENT AGAINST
12 THE CITY FROM SEEKING RE- EMPLOYMENT AT THE CITY,
13 EXCEPT AS OTHERWISE PROVIDED UNDER LAW; PROVIDING
14 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
15 EFFECTIVE DATE.
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17 WHEREAS, the Mayor and City Commission of the City of South Miami create
18 policy for the City; and,
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20 WHEREAS, Chapter 2 of the City's Code of Ordinances relates to the
21 Administration of the City and functions of the City's government; and,
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23 WHEREAS, the chapter, at Article II creates the various departments of the City
24 and provides administrative policy direction to the city manager relating to employees;
25 and,
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27 WHEREAS, the Mayor and City Commission desire to Amend Section 2 -7 to
28 include a subsection (e) precluding the manager from re- hiring former employees that
29 have received severance (other than any pension or leave payouts as provided under the
30 City's personnel policies and union contracts) and/or have sued the City and have
31 received a settlement or judgment against the City.
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33 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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36 Section 1. The City of South Miami hereby amends Chapter 2, Article II,
37 entitled "Departments," section 2 -7 which shall read as follows:
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39
40 CHAPTER 2. ADMINISTRATION AND CITY GOVERNMENT
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43 ARTICLE II. DEPARTMENTS
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4 Sec. 2 -7. Administration department; functions and duties.
5 The administration department shall operate directly under the supervision of the city manager
6 and shall consist of the following divisions and duties:
7 (a) Code enforcement division, which shall provide field enforcement of all zoning codes
8 and ordinances.
9 (b) Personnel division shall act as secretary to the personnel board, hire all help, keep all
10 employee records on employment, vacations and sick leave, handle all matters pertaining to
11 group insurance and retirement funds; and any other duties related to personnel records.
12 (c) The city manager shall establish fees to be charged for the furnishing of copies of city
13 records and documents. The city manager shall establish fees to be charged for participation in
14 city sponsored programs, including but not limited, to those conducted by the recreational
15 department; a different schedule of fees may be established for nonresidents of the city. Where
16 services are performed by the city and a fee not established by the commission, the city manager
17 shall establish such fee. A list of all fees and charges established by the city manager shall be on
18 file with the city clerk together with all amendments and changes thereto and available for public
19 inspection. All fees and charges established pursuant hereto shall be predicated upon the actual
20 cost to the city and subject to review by the city commission.
21 (d) The administration department shall perform such other functions as required by city
22 commission.
23 (e) Any employee that has left the employ of the City and has received any severance
24 package (other than pension payout or leave payout for time served as per the City's personnel
25 policy) or has sued the City and received compensation settlement or judgment, against the City
26 may not be re -hired for any position by the City at any time in the future, unless otherwise
27 required under law.
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30 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
31 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
32 shall not affect the validity of the remaining portions of this ordinance.
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34 Section 4. All ordinances or parts of ordinances in conflict with the provisions
35 of this ordinance are repealed.
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37 Section 5. This ordinance shall be codified and included in the Code of
38 Ordinances.
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40 Section 6. This ordinance shall take effect immediately upon enactment.
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42 PASSED AND ADOPTED this day of 12009.
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44 ATTEST: APPROVED:
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CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Office of City Attorney
TO r.11 •'
1St Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Beckman:
Commissioner Newman:
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