03-17-09 Item 29CITY 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 H 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 O THE CITY'S CODE OF ORDINANCES
6 ENTITLED ADMINISTRATION AND CITY GOVERNMENT; BY
7 AMENDING SECTION 2 -7 ENTITLED "ADMINISTRATIVE
g 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.
16
17 WHEREAS, the Mayor and City Commission of the City of South Miami create
18 policy for the City; and,
19
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,
22
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,
26
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.
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
35
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:
38 * * *
39
40 CHAPTER 2. ADMINISTRATION AND CITY GOVERNMENT
41
42
43 ARTICLE II. DEPARTMENTS
Additions shown by underlining and deletions shown by vefgig-
1
2
3
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.
28
29
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.
33
34 Section 4. All ordinances or parts of ordinances in conflict with the provisions
35 of this ordinance are repealed.
36
37 Section 5. This ordinance shall be codified and included in the Code of
38 Ordinances.
39
40 Section 6. This ordinance shall take effect immediately upon enactment.
41
42 PASSED AND ADOPTED this day of , 2009.
43
44 ATTEST: APPROVED:
45
Additions shown by underlining and deletions shown by • er-
1
2 CITY CLERK
3
4
5
6
7
8 READ AND APPROVED AS TO FORM
9
10
11 Luis R. Figueredo,
12 Office of City Attorney
MAYOR
1St Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Beckman:
Commissioner Newman:
Additions shown by underlining and deletions shown by ^v°r g
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miarnl, Miami -oads County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/Wa Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
Cour:ty, F:on;da; alat uhE attached copy of aavertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR 3117/2009
in the XXXX Court,
was published in said newspaper in the issues of
0310612009
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement', and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper.
Sworn to and subscribed before me thl
0 ay of MARE
(SEAL)
V. PEREZ personally known to me
E,4" MAR ..i.6L4, I IY COttA61SS10r; 0170 EXPRESS A .r12 y Pl,�y N. nary Frp:den
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct' Public, Hearings at its regular City
Commission meeting scheduled for Tuesday, March 17, 2009
beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset
Drive, to consider the following items:
Resolutlon-
A RESOLUTION OF THE MAYQR A CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
REQUEST FOR A VARIANCE FROM SECTION 20.4.4 (B) OF
THE LAND DEVELOPMENT CODE TO ALLOW FOR A
COMMERCIAL BUILDING TO REDUCE REQUIRED
PARKING SPACES FROM TWENTY SIX (26) TO TWENTY
THREE (23) SPACES: AND A VARIANCE WAIVING THE FIVE
(5) FOOT LANDSCAPE BUFFER ZONE REQUIRED BY THE
GRAPHIC REQUIREMENT IN SECTION 20 -4.4: ALL ON
PROPERTY WITHIN AN'LO' LOW - INTENSITY OFFICE USE
DISTRICT LOCATED AT 5825 SW 68TH STREET, SOUTH
MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE
DATE.
Second Reading:
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 SEVERABILI Y, ORDINANCES IN
CONFLICT. AND AN EFFECTIVE DATE.
AN OFlDINANCl OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE POSITION OF THE CITY MANAGER; AMENDING THE
CODE OF ORDINANCES CHAPTER 2, 'ADMINISTRATION
AND CITY GOVERNMENT; SECTION 2-4.4, ENTITLED
'RESERVED,' PROVIDING FOR AN ANNUAL
PERFORMANCE EVALUATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CIT'Y.COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE CITY'S CODE OF ORDINANCES, CREATING ARTICLE
IV, WHICH ARTICLE SHALL . BE ENTITLED 'LOT
MAINTENANCE AND ABANDONED PROPERTY;' OF
CHAPTER 15, RELATING TO 'OFFENSES AND MISCEL-
LANEOUS PROVISIONS'; PROVIDING FOR FINES,
STANDARDS FOR LOT MAINTENANCE AND A DETER-
- MINATION OF ABANDONED PROPERTY; PROVIDING FOR
NOTICE PROVISIONS FOR AN ANNUAL NOTICE RELATING
TO LOT MAINTENANCE ISSUES; PROVIDING AUTHORITY
TO ENTER PROPERTY TO MAINTAIN LOT, IF PROPERTY IS
NOT BROUGHT INTO COMPLIANCE; PROVIDING FOR
AUTHORITY TO LIEN; PROVIDING REQUIREMENT THAT
MORTGAGE HOLDERS TO REGISTER WITH THE CITY ON
ANNUAL BASIS TO ENSURE PROPER NOTICE OF
VIOLATIONS/CITATIONS TO ALL INTERESTED PERSONS;
PROVIDING FOR ORDINANCES IN CONFLICT, CODIFI-
CATION, SEVERABILITYANDAN EFFECTIVE DATE.
ALL Interested parties are invited to attend and will be heard
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
public that if a person decides to appeal any decision made by this
Board, Agency or Commission with respect to any matter considered at
.its meeting or hearing, he or she will need a record of the proceedings,
and that for such purpose, affected person may need to ensure that a
verbatim record of the proceedings is made which record includes the
testimony and evidence upon which the appeal is to be based.
3/6 09- 3-67/1186384M
1R
Miami's best skippers. No experience
necessary. Volunteers needed; I p.m.
Sunday; Shake -A -Leg Miami, 2620 S.
Bayshore Dr., Coconut Grove; $15,.
$10 members. 305 - 858 -5550;
ext.103 or shakealegmiami.org.
Walk With Me Miami 2009: Three -
mile family fun walk to be held on
March 28. Easter Seals Walk With Me
unites thousands of people in a com-
mon cause to.provide help and hope.
for individuals and families living
with disabilities. Online registration
available; through March 22; Ponce
de Leon Circle Park, Palermo Street
and Seville Avenue, Coral Gables;
free. walkwithme.org /.
HEALTH AND FITNESS,
SPECIAL EVENTS
Adolescent Depression /Anxiety
Group: Open to kids 13 -17 who would
like to join Support group aimed at
fostering coping skills to alleviate
and prevent feelings of anxiety and
depression; 4 -5 p.m. Wednesday; .
(305) Music Lounge, 721 N. Lincoln
*TURN TO CALENDAR, 54
_ `c'-
CITY OF SOUTH- MIAMI,
COURTESY NOTICE
NOTICE IS.HEREBY given that the City Commission of the City of South Miami, Florida
will conduct Public Hearings at its regular City Commission meeting scheduled far
Tuesday, March 17, 2009 beginning at 7:30 p.m. in the City Commission Chambers,
6130 Sunset Drive, to consider the following items:
Resolution:
A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM
SECTION 20 -4.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW
FOR A COMMERCIAL BUILDING TO REDUCE REQUIRED PARKING
SPACES FROM TWENTY SIX (26) TO TWENTY THREE (23) SPACES; AND
A VARIANCE WAIVING THE FIVE (5) FOOT LANDSCAPE BUFFER ZONE
REQUIRED BY THE.GRAPHIC REQUIREMENT IN SECTION 20 -4.4: ALL
ON PROPERTY WITHIN AN "LO" LOW- INTENSITY OFFICE USE DISTRICT
LOCATED At 5825 SW 68TH STREET, SOUTH MIAMI, FLORIDA.
Second Reading_
AN ORDINANCE 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.
AN ORDINANCE RELATING TO THE POSITION OF THE CITY MANAGER;
AMENDING THE CODE OF ORDINANCES CHAPTER 2, "ADMINISTRATION AND
CITY GOVERNMENT," SECTION 2 -4.4, ENTITLED "RESERVED," PROVIDING FOR
AN ANNUAL PERFORMANCE EVALUATION.
AN ORDINANCE RELATING TO THE CfrY'S CODE OF ORDINANCES, CREATING
ARTICLE IV, WHICH ARTICLE SHALL BE ENTITLED "LOT MAINTENANCE AND
ABANDONED PROP_ ERTY -," OF CHAPTER 15, RELATING TO "OFFENSES AND
MISCELLANEOUS PROVISIONS "; PROVIDING FOR FINES, STANDARDS FOR
LOT MAINTENANCE AND A DETERMINATION-OF ABANDONED PROPERTY;
PROVIDING FOR NOTICE PROVISIONS FOR AN ANNUAL NOTICE RELATING TO
LOT MAINTENANCE ISSUES; PROVIDING AUTHORITY TO ENTER PROPERTY
TO MAINTAIN LOT, IF PROPERTY IS NOT BROUGHT INTO COMPLIANCE;
PROVIDING FOR AUTHORITY TO LIEN; PROVIDING REQUIREMENT THAT
MORTGAGE HOLDERS TO REGISTER WITH THE CITY ON•ANNUAL BASIS TO
ENSURE PROPER NOTICE OF VIOLATIONS /CITATIONS TO ALL INTERESTED
PERSONS.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that it a person decides
to appeal any decision made by this Board, Agency or Commission with respect to any matter
considered-at its meeting or hearing, he or she will.need a record of the proceedings, and that for
such purpose, affected person may need to ensure that a verbatim record of the proceedings is
made which record includes the testimony and evidence upon which the appeal is to be based.
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