01-22-08 Item 9South Miami
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1927 CITY OF SOUTH MIAMI
NCORPO —ED OFFICE OF THE CITY MANAGER
R P INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor and Date: January 22, 2008
Members of the Commission
Via: Yvonne S. McKinley, 9,ity Manager
From: Jeanette Enrizo H esource Manager Agenda Item No.:
g g
Human Resource
Subject: Amendment of Personnel Ordinance Chapter 16A
Ordinance: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERSONNEL RULES
AND REGULATIONS; AMENDING CHAPTER 16A, SECTIONS 16A -6
THROUGH SECTION 16A -40; PROVIDING FOR PERSONNEL
ORDINANCE AND PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT AND AN EFFECTIVE DATE.
Reason/Need: During the past year, several meetings /workshops were held with the City
Commission to review Chapter 16A of the City's Code of Ordinances and to
review the current Personnel Manual. All sections of the chapter were thoroughly
reviewed in detail and all changes recommended were incorporated in the
referenced ordinances. Collective bargaining agreements were taken into
consideration during the review to ensure consistency with agreements.
Cost:
The proposed changes to this section of the Code includes recommendations to
delete /eliminate personnel board and their functions. Additionally, newly hired
employees probationary period was changed from six (6) months to one (1) year.
Following the adoption of this ordinance, the revised Personnel Manual will be
presented to the City Commission for consideration.
N/A
Funding Source: N/A
Backup Documentation: Proposed Ordinance
South Miami
� Soury
i- AmedcaNy
CITY OF SOUTH MIAMI
INCORPORATED OFFICE OF THE CITY MANAGER �.
�ORVo INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor and Date: January 22, 2008
Members of the Commission
Via: Yvonne S. McKinley, City Manager
From: Jeanette Enrizo, Human Resource Manager Agenda Item No.:
Human Resource
Subject: Amendment of Personnel Ordinance Chapter 16A
Ordinance: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERSONNEL RULES
AND REGULATIONS; AMENDING CHAPTER 16A, SECTIONS 16A -6
THROUGH SECTION 16A -40; PROVIDING FOR PERSONNEL
ORDINANCE AND PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT AND AN EFFECTIVE DATE.
Reason/Need: During the past year, several meetings /workshops were held with the City
Commission to review Chapter 16A of the City's Code of Ordinances and to
review the current Personnel Manual. All sections of the chapter were thoroughly
reviewed in detail and all changes recommended were incorporated in the
referenced ordinances. Collective bargaining agreements were taken into
consideration during the review to ensure consistency with agreements.
Cost:
The proposed changes to this section of the Code includes recommendations to
delete /eliminate personnel board and their functions. Additionally, newly hired
employees probationary period was changed from six (6) months to one (1) year.
Following the adoption of this ordinance, the revised Personnel Manual will be
presented to the City Commission for consideration.
N/A
Funding Source: N/A
Backup Documentation: Proposed Ordinance
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO PERSONNEL RULES AND
REGULATIONS; AMENDING CHAPTER 16A, SECTIONS 16A -6 THROUGH
SECTION 16A -40; PROVIDING FOR PERSONNEL ORDINANCE AND
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN
EFFECTIVE DATE.
WHEREAS; sections 16A -6 through 16A -9 regarding Personnel Board shall be
deleted; and
WHEREAS; sections 16A -10 through 16A -40 shall be renumbered to 16A -6
through 16A -36 and all reference to personnel board and their functions shall be deleted
in its entirety; and
WHEREAS; the new section 16A -6 regarding rules, drafting, public hearing,
submission to eetmeil City Commission for adoption, force and effect, amendment
procedure shall be revised to delete the "personnel board" and replace with "City
Commission "; and
WHEREAS; the new section 16A -23 shall be revised to establish that the regular
period of probation will be one (1) year instead of six (6) months for newly hired
employees.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: Chapter 16A -6 through 16A -9 Personnel Board:
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MR _1 _11 MoIIIIIIIIIIIs
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I meetings, a sueeesser- shall be ein4ed- by the mayef with the appfeval of the-
2 cvlini ' ., to fill the , fed tefm.
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7 pelifieal- elub -or- efganiza4ienner- shall hold er- be -a eandidate faf Ojiy eleEfive effiee. The
8 me b efs of t b a 1, 11 it + o a4ie btA f nds will be pfE)Vided
�1 VV1J Vl l.11V �pq.l ll J11C111 Jl�l VwV VVw1Z11V Uti -vV�
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1111111✓ 111U1Vr1,' filed
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18 T`a b f the be f may two 0 e by the Co n F of gle � F
1V1V111VV1J Vl -
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21 new 1 6 n 4 C'.,me moot :
22 The board shall he d net lar, meeting eaeh ealendaf qtiaftef,
23 the b—Aff-d ffl.aydispense with any fegular- quafter-ly meeting if there is He business b
24 its tf"The beafd shall helm s„eh -v th cr meetings at tl�GZYirtlf the
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28 See. 16A 9. Same Duties gen�fally.
29 l addition to the dtAies sot fei4h elsew- e fe in this „1,apte« the board shall.
30 (,dzise the persennel difeeter-, the -ei ianagef and the- eeuneil on ma <efs e
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perJVllllel IZTIV J, a eb elassifieafien plan, and a unifefm pay plan-.
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35 (3) Make whieh it ffiay— eennide;- desif ble —eenee xng perJannel
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37 eetmeil with fespeet thefete-.
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39 Section 2: Chapters 16A -6 through 16A -36 (Various chapter titles):
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41 Sec. 16A -6-19. Rules; drafting, public hearing, submission to eoune-il Citv
42 Commission for adoption, force, and effect, amendment procedure.
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44 The personnel director shall draft, in consultation with the city manager, such rules as
45 may be necessary to carry out the provisions of this ordinance [chapter]. Following a
46 review from the City Commission, a public hearing- conducted by the- per-sennelbeard,
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these rules shall be submitted for adoption by resolution of the mil City Commission.
The rules shall have the force and effect of law. Amendments to the rules shall be made
in accordance with the above procedure.
Sec. 16A -714. Job classification plan -- Established.
The personnel director shall make an analysis of the duties and responsibilities of all
positions in the classified service and he shall recommend to the eeuneil City
Commission a job classification plan. Each position in the classified service shall be
assigned to a job class on the basis of the kind and level of its duties and responsibilities,
to the end that all positions in the same class shall be sufficiently alike to permit use of a
single descriptive title, the same qualification requirements, the same test of competence,
and the same pay scale. A job class may contain one position, or more than one position.
Sec. 16A -812. Same -- Revision.
The classification plan shall be revised from time to time as changing conditions require,
upon recommendations of the personnel director and with the approval of the eatifteil
City Commission. Such revisions may consist of the addition, abolishment, consolidation,
division or amendment of existing classes.
Sec. 16A -913. Pay plan -- Preparation and rules for administration.
The personnel director under the direction of the city manager and in consultation with
the finance director, shall prepare a pay plan and rules for its administration. The rate or
range for each class shall be such as to reflect fairly the differences in duties and
responsibilities and shall be related to compensation for comparable positions in other
places of public and private employment.
Sec. 16A- 104-4. Same -- Submission of plan and rules to eouneil City Commission;
adoption after public hearing.
The personnel director shall submit the pay plan and the rules for its administration to the
eouneil City Commission for adoption. The eetmeil City Commission, after public
hearing, may adopt the plan and the rules, with or without amendment. All amendments
shall apply uniformly to all positions within the same class.
Sec. 16A- 11-15. Same -- Assignment of job class to a pay range provided in plan.
After the pay plan and the rules for its administration have been adopted by the Eeuneil
City Commission, the personnel director shall assign each job class to one of the pay
ranges provided in the pay plan.
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Sec. 16A -126. Same -- Method of amending.
The pay plan may be amended from time to time as circumstances require, either through
adjustment of rates or by reassignment of job classes to different pay ranges, as by the
same procedure as prescribed in Article 6, sec. 2 [section 16A -4-410 of this Code].
Sec. 16A-12.144.4 Position of honorary corporal of police.
There is hereby established the position of honorary corporal of police. Such position
shall be awarded solely as a longevity benefit to police officers who have completed
fifteen (15) years of above average meritorious service with the police department of the
city, but who have not attained the rank of honorary corporal. Such position shall not be
considered an increase in rank, nor shall officers who are awarded the position have any
additional authority within the department.
Officers awarded the position of honorary corporal shall be entitled to wear on their
police uniform sleeves a patch or emblem consisting of two (2) corporal stripes with the
letter "H" immediately below such stripes, the form of such emblem to be approved by
the city manager.
Police officers who have served fifteen (15) years with the police department of the city,
who have not attained any rank, may make application by letter to the city manager for
award of the position of honorary corporal. The personnel director shall review the
personnel record of the applicant, and if deemed advisable, conduct an interview with the
applicant. The personnel director shall make a recommendation in writing to the city
manager within thirty (30) days from the date the application is filed with the city
manager.
Upon receipt of written recommendation from the personnel director, the city manager
shall review the recommendation and make such further inquiry as he deems necessary to
fully inform himself of the record and qualifications of the applicant to ascertain the
extent and quality of the applicant's service to the department. Within thirty (30) days
after receipt of the recommendation the city manager shall either approve the application
and award the applicant the position of honorary corporal, or disapprove the application.
In the event of approval of the application, the applicant shall be entitled to pay as
honorary corporal retroactive to the date of filing his application with the city manager.
In the event of disapproval of the application the applicant may not file a further
application for a period of one year following the date of filing of any disapproved
application. Officers awarded the position of honorary corporal shall be entitled to a one -
half -step pay increase.
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Sec. 16A -1317. Appointments, promotions, and veterans' preference - -Based on
competitive examinations; appointing authority.
Original appointments to vacancies occurring after this chapter becomes effective shall
be based on merit as determined by competitive examinations. The city manager shall be
the appointing authority.
(1) Competitive examinations may be waived by the city manager subject to Eeuneil
City Commission approval whenever the applicants for position are less than the number
of vacancies plus two (2).
(2) Competitive examinations may be waived by the city manager when the vacancies
sought to be filled are for unskilled work.
Sec. 16A -1418. Same - -Scope of examinations.
Examinations shall be in such form as will fairly test the abilities and aptitudes of
candidates for the duties to be performed, and may not include any inquiry into the
political or religious affiliations of any candidate.
Sec. 16A -1543. Same -- Placement on eligible list of candidates who qualify.
Candidates who qualify for employment shall be placed on an eligible list for the
appropriate job class in the rank order of the grades they obtained on the examination.
Sec. 16A- 162-0. Same -- Administration of veterans' preference according to state law.
Veterans' preference shall be administered in accordance with Chapter 295, Sections
.06,.07,.08,.010 and .011 Florida Statutes, 1955.
Sec. 16A -1724. Same -- Vacancies filled by promotion; items constituting promotion
designated.
Vacancies in positions above the entrance level shall be filled by promotion whenever in
the judgment of the personnel director it is in the best interests of the city to do so, and
promotions shall be on a competitive basis except where the personnel director finds that
the number of persons qualified for promotion is insufficient to justify competition.
Promotions shall give appropriate consideration to the applicant's qualifications, record or
performance, and seniority. An advancement in rank or grade or an increase in salary
beyond the limits defined in the rules for the administration of the pay plan shall
constitute a promotion.
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Sec. 16A -182. Same -- Temporary promotions pending availability of eligible list.
Pending the availability of an eligible list determined by the personnel director to be
appropriate for a class, vacancies may be filled by temporary appointment. Such
appointments shall have a maximum duration of six (6) months and may not continue
beyond a one day period after the establishment of an appropriate eligible list.
Sec. 16A- 1923. Eligible lists -- Designated and described.
Eligible lists, in the order of their priority, shall be re- employed lists, promotional eligible
lists and original appointment eligible lists.
(a) Re- employment lists shall contain the names of permanent employees laid off in
good standing for lack of funds or work.
(b) Promotional eligible lists, and original appointment eligible lists shall be created as
provided in Article 7 [sections 16A-4-713 through 16A -2218 of this Code].
(c) Probationary employees laid off for lack of work or lack of funds, and probationary
employees who resign and whose resignations are withdrawn within one year, with the
approval of the city manager and the personnel director, may have their names restored to
the eligible list from which their appointment was originally made.
Sec. 16A -202. Same -- Appointments to fill vacancies, method of making.
When an appointment is to be made to a vacancy, the personnel director shall submit to
the city manager the names of persons who successfully qualified to be on the appropriate
list and who have indicated willingness to accept appointment. When more than one
vacancy is to be filled the number of names submitted shall equal the number of
vacancies plus two.
Sec. 16A -212. Same -- Policies and procedures for administering lists.
Policies and procedures for administering eligible lists shall be provided in the personnel
rules, covering the duration, cancellation, replacement, and consolidation of such lists,
and the removal or suspension of the names of eligibles there from.
Sec. 16A -222-6. Probation -- Employees subject to; probationary period, regular,
maximum.
Employees appointed from original appointment eligible lists or from promotional
eligible lists shall be subject to a period of probation. The regular period of probation
shall be si* twelve months, provided that the personnel rules may specify a longer or
shorter period of probation for certain designated job classes, or for extension of the
probation period in individual cases. No probationary period may extend beyond 12
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1 months, except for police department personnel whose probation may be extended upon
2 written request of the chief of police and approval by the city manager.
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4 Sec. 16A -232. Same -- Removal or demotion of probationer.
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6 The work and conduct of probationary employees shall be subject to close scrutiny and
.7 evaluation, and if found to be below standards satisfactory to the city manager or
8 department head, the city manager may remove or demote the probationer at any time
9 during the probationary period. Such removals or demotion shall not be subject to review
10 or appeal.
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12 Sec. 16A -2428. Same -- Probationer granted permanent status on recommendation of
13 city manager only.
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15 An employee shall be retained beyond the end of the probationary period and granted
16 permanent status only if the city manager affirms that the services of the employee have
17 been found to be satisfactory and recommends that the employee be given permanent
18 status.
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20 Sec. 16A -2523. Absences, hours of work.
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22 Rules shall be adopted prescribing hours of work and the conditions and length of time
23 for which leaves of absence with pay and leaves of absence without .pay may be granted.
24 These shall cover, among others, vacations, sick leaves, and leaves for military service.
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26 Sec. 16A -2638. Training for employees.
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28 The personnel director shall encourage the improvement of service by providing
29 employees with opportunities for training, which need not be limited to training for
30 specific jobs but may include training for advancement and for general fitness for public
31 service.
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33 Sec. 16A -273-1. Separation from service -- Temporary and permanent.
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35 The tenure of every employee shall be conditioned on good behavior and the satisfactory
36 performance of duties. Any employee may be temporarily separated by layoff or
37 suspension; or permanently separated by resignation or dismissal.
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39 Sec. 16A -2832. Same -- Lay -offs for lack of work or funds.
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41 Whenever there is lack of work or lack of funds requiring reductions in the number of
42 employees in the department or division of the city government, the required reduction
43 shall be made in such job class or classes as the department head may designate, provided
44 that employees shall be laid off in the inverse order of their relative length and quality of
45 service, as determined by rules governing the evaluation of service. Within each affected
I job class, all temporary employees shall be laid off before probationary employees, and
2 all probationary employees shall be laid off before any permanent employees.
4 Sec. 16A- 2933. Same -- Suspension without pay as disciplinary action. Shall be
changed to reflect as follows:
7 When in the judgment of the city manager an employee's work performance or conduct
8 justifies disciplinary action short of dismissal, the employee may be suspended without
9 pay. A suspended employee ffiay net r-equest a hear-ing before the personnel beaf-d unless
10 , or- unless the effipleyee has alfeady
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13 Sec. 16A -3034. Same -- Dismissal or demotion of permanent employees; procedure.
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15 (a) A permanent employee may be dismissed or demoted whenever in the judgment of
16 the city manager the employee's work or misconduct so warrants. When the eity manage
17 deeides to take sueh aefien he shall file with the etapleyee and the pefsafffiel be
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19 empleyee shall be nefified net later- than the effeefive date of the aetieii. The notiee shall
20 infafm the emplayee that he shall be allowed two ea4endar- weeks ffem the eff-eetive date
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22 ho,, frog before the pe of i,,,.,,.a
23 (b) ,
the-
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25 shall be open to the publie-.
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that -Cilli eemplained of was taken in geed faith unless proved ethevAxise.
28 (d) if the beafd finds the aefien of the eity managef was based en pelitieal or- feligiou-s
29 prejudiee,
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31 of pay. in all ethefeases wherein the -bead does not sustain the aEtion of the elty
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32 beard's
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34 feeefiffnenda4iens.
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36 Sec. 16A -3135. Same -- Resignation; reinstatement.
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38 (a) An employee may resign by filing his reasons with the city manager.
39 (b) An employee resigning in good standing may be reinstated to any position in the
40 same class if there is need for his services within two years after the date of resignation.
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42 Sec. 16A -3236. Records required of personnel director.
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44 The personnel director shall maintain records of his official acts, the examination record
45 of every candidate and the employment record of every employee.
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Sec. 16A -333-7. Investigations, hearings.
Sec. 16A -3438. Prohibition as to politics; discrimination on grounds of politics,
religion, marital status or sex prohibited.
(a) Employees in .the classified service shall be selected without regard to political
considerations, may not be required to contribute to any political purpose, and may not
engage in improper political activity. The rules shall define the scope of improper
political activity.
(b) There shall be no discrimination against any person seeking employment or
employed in the classified service because of any considerations of political or religious
affiliation or belief, sex or marital status.
Sec. 16A -3531. Sick leave compensation of employees.
(a) For the purposes of this section, sick leave shall include the following categories:
(1) Payments on account of sickness. These payments to an employee shall be limited
to payments for the personal sickness or illness of an employee.
(2) Payments for reasons other than personal sickness. These payments shall include
payments to an employee for death or serious illness in the immediate family or for legal
quarantine.
(b) Payments on account of sickness and payments for reasons other than personal
sickness may be made to all employees under the provisions of Section 10.3, subsection
(b) of Chapter XI1 of the "Personnel Regulations of the City of South Miami."
Sec. 16A -3640. Full -time or probationary employment prohibited.
No commission member, autonomous personnel, quasi-judicial personnel or advisory
personnel, as those terms are defined by section 8A -1(b) of this Code, shall, for a period
of nine months after his or her city service has ceased, be employed by the city as a
probationary or full -time employee. This prohibition does not apply to employees who
are appointed to serve on boards on behalf of the city.
Section 3: Sec. 16A -222-6. Probation -- Employees subject to; probationary period,
regular, maximum.
Employees appointed or newly hired from original appointment eligible lists or from
promotional eligible lists shall be subject to a period of probation. The regular period of
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probation shall be six twelve months,
longer ef sheer e f r °a of pr-ebat en _ of eeftain designa4ed eb elasses of f-e f eaten i
No pProbationary period may extend beyond
12 months,
upon written request of the ehief of pel department head and approval by the city
manager.
Section 4: 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: All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 6: This ordinance shall be codified and included in the Code of Ordinances.
Section 7: This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this day of 52008.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A
Office of the City Attorney
MAYOR
First Reading —
Second Reading-
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Commissioner Palmer:
Commissioner Beckman:
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