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07-28-09 Item 231 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE NO. AN ORDINANCE 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. WHEREAS, the City Manager in a "city- manager" form of government serves as the chief administrative and executive officer of the city; and, WHEREAS, the City Manager is hired to serve the City Commission and the Community while bring to the local government the benefits of training and experience in administering local government projects and programs on behalf of the governing body; and, WHEREAS, the City Manager prepares a recommended budget for the City Commission's consideration; recruits, hires, and supervises the government's staff; serves as the commission's chief adviser; and carries out the commission's policies; and, WHEREAS, the City of South Miami recognizes the importance and responsibility of this key position; and, WHEREAS, the City Commission recognizes its duty to provide clear direction, oversight and annual evaluations of the City Manager's performance for adoption of an annual budget and of appointed staffs' administration of City operations; and; WHEREAS, the City Commission recognizes such evaluations are a good mechanism of ensuring strong working relationships and of communicating priorities. NOW, THERFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City of South Miami Code of Ordinances, Chapter 2, "Administration and City Government," Section 2 -4.4, entitled "reserved" is hereby amended to reads as follows: 2-4.4 ReseF ed. City Manager evaluation. (a) In order to establish and maintain effective City Commission and City Mangger relations it is essential that the City Commission establish an ongoing evaluation process that offers an opportunity for each party to review the performance of the City Page 1 of 3 a3 I Manager. This evaluation should focus on how effectively the City Manager is 2 accomplishing the goals established by the City Commission and how s /he is carrying 3 out his /her responsibilities in key performance areas. Specifically, the evaluation should 4 serve the following needs: 6 1) Allow the City Manager and City Commission to test, identify, refine and tailor 7 their respective roles relationships, and expectations of responsibilities to each 8 other. 9 10 2) Compare the progress of the City toward achieving the interim goals mutually 11 agreed to by the City Commission and the City Manager during the Budget 12 Process. 13 14 3) Allow discussion of the City Manager's strengths and weaknesses as 15 demonstrated by performance during the evaluation period, with the objective of 16 increasing the City Manager's effectiveness. 17 18 4) Give the City Commission the opportunity to provide positive feedback in 19 areas that have been handled well and to clarify areas where the City Manager 20 could become more effective through improved 'performance 21 22 (b) The following process is established to conduct the performance evaluation of 23 the City Manager: 24 25 1) The evaluation process shall occur each year within sixty (60) days of the City 26 Manager's contract anniversary date. However, the Commission may require an 27 additional evaluation at any time during the year. 28 29 2) Approximately two (2) weeks before the evaluation is scheduled, the City 30 Clerk shall provide each Commission member with a copy of the standard 31 evaluation form. 32 33 3) The Mayor and each Commission member shall complete an evaluation form 34 and then meet with the City Manager to review their respective evaluations. 35 36 4) The City Clerk shall tabulate the evaluation results. 37 38 (c) Any performance evaluation of the City Manager shall not be construed as a 39 contractual promise a contract or covenant of employment, nor is it a guarantee of 40 employment if certain performance standards are met. Continued employment of the 41 City Manager is solely a decision of the City Commission. 42 43 44 Section 2. If any section, clause, sentence, or phrase of this ordinance is for 45 any reason held invalid or unconstitutional by a court of competent jurisdiction, this 46 holding shall not affect the validity of the remaining portions of this ordinance. 47 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Section 3. This ordinance shall be effective immediately after enactment. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. This ordinance shall be codified and included in the Code of Ordinances. PASSED AND ADOPTED this ATTEST: CITY CLERK 1St Reading 2nd Reading READ AND APPROVED AS TO FORM: CITY ATTORNEY WAMy Documents \resolutions \Ordinance eval cm.doc day of , 2009 Page 3 of 3 "0• AT • ' COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: Commissioner Sellars: