03-16-06SPECIAL CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: March 16, 2006 6130 Sunset Drive, South Miami, FL
Next Regular Meeting date: March 21, 2006 Phone: (305) 663 -6340
Time% 7:00 PM
City of South Miami Ordinance 'No. -6 -86 -1251 requires all persons appearing in a paid
or remunerated representative capacity before the City Staff, Boards, Committees and
the City Commission, to fill out the appropriate form and file it with the City Clerk
prior to engaging in lobbying activities.
CALL TO ORDER:
A. Roll Call:
B. Invocationz
C. Pledge of Allegiances
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
RESOLUTION (S)
1. A RESOLUTION OF THE MAYOR .AND ._CITY COMMISSION OF THE
CITY OF -SOUTH MIAMI, FLORIDA, RELATING TO THE
RESIGNATION OF ORLANDO MARTINEZ DE CASTRO AS CHIEF OF
POLICE; AUTHORIZING THE PAYMENT OF SEVERANCE BENEFITS TO
MR.- MARTINEZ DE CASTRO; AUTHORIZING THE FUNDS TO BE
DISBURSED FROM ACCOUNTS NUMBER: 001- 1910- 521 -1210, 001-
1910 -521 -2110, 001- 1910- .521 -1510, 001- 1910 - 521 - 15`30,
001- 2100- 519 -2220; APPROVING` THE ATTACHED
SPECIAL CITY COMMISSION 1
AGENDA - March 16, 2006
M —'— — _ :
ACKNOWLEDGEMENT, WAIVER AND RELEASE AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(RELATING TO THE RESIGNATION OF ORLANDO MARTINEZ DE CASTRO AS CHIEF- OF
POLICE; AUTHORIZING THE PAYMENT OF SEVERANCE BENEFITS TO MR. MARTINEZ DE
CASTRO; AUTHORIZING THE FUNDS TO BE DISBURSED FROM ACCOUNTS NUMBER: 001 -
1910 -521- 1210, 001- 1910 - 521 -2110, 001- 1910 - 521 -1510, 001- 1910- 521 - 1530,
001- 2100 - 519 - 2220, W /CURRENT BAL$1,651,492; 128,958; 14,175; 29,520; &
39,301 RESPECTIVELY)
(City Manager)
2. Adjournment
THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN
CONDUCTING EFFICIENT AND ORDERLY COMMISSION MEETINGS:
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 - 2.1 (K)' (2
OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON
MAKING PERSONAL `IMPERTINENT, OR SLANDEROUS REMARKS OR
WHO SHALL BECOME BOISTEROUS WHILE- ADDRESSING THE
COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER
AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER,
UNLESS PERMISSION TO CONTINUE.
PURSUANT TO FLA 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 _14ATTER
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. THIS
NOTICE DOES NOT CONSTITUTE 'CONSENT BY THE CITY FOR `THE 'INTRODUCTION _OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT "EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
SPECIAL CITY COMMISSION 2
AGENDA - March 16, 2006
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE RESIGNATION OF ORLANDO MARTINEZ DE CASTRO
AS CHIEF OF POLICE AUTHORIZING THE PAYMENT OF
SEVERANCE BENEFITS TO MR. MARTINEZ DE CASTRO;
AUTHORIZING THE FUNDS TO BE DISBURSED FROM
ACCOUNTS NUMBER: 001 - 1910 -521 -1210, 001- 1910- 521 -2110,
001 -1910- 521 - 1510, 001- 1910- 521 - 1530, 001- 2100 -519- 2220;
APPROVING THE ATTACHED ACKNOWLEDGEMENT,
WAIVER AND RELEASE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Orlando Martinez de Castro ` has voluntarily tendered his
resignation as the Chief of Police for the City; and
18 WHEREAS, the Acting City Manager on behalf of the City has accepted
19 Mr. Martinez de Castro's resignation and negotiated a severance payment for Mr.
20 Martinez de Castro in appreciation of the exemplary services he rendered to the
21 City.
22 WHEREAS, as of March 16, 2006, the existing balance on each of the
23 above accounts is: $ 1,651,492; $128,958; $14,175; $29,520; and $39,301
24 respectively.
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26 NOW THEREFORE BE IT RESOLVED BY THE MAYOR` AND
27 CITY COMMISSION OF THE CITY OF SOUTH MIAMI,` FLORIDA;
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29 Section 1. The mayor and city commission: approve and incorporate by
30 reference into this resolution the attached acknowledgment, waiver and release
31 agreement, which agreement is attached hereto as exhibit A.
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33 Section 2. The Mayor and City Commission approve the payment of
34 severance benefits consisting of one week of salary (excluding health insurance)
35 for each year of service together with accrued` vacation time. The total severance
36 package to be paid to Mr. Martinez de Castro is attached and incorporated as
37 Exhibit 1 to the attached acknowledgment, waiver and release' agreement.
38 Severance payments shall be issued from accounts no.: 001 -1910- 521 -1210, 001 -
39 1910- 521- 2110, 001- 1910 - 521 -1510, 001 -1910- 521 -1530, 001 -2100 -519 -2220.
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41 Section 3. This resolution shall take effect immediately upon approval.
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Additions shown by underlining and deletions shown by o<r�g.
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PASSED AND ADOPTED this 16th
day of March, 2006.
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ATTEST:
APPROVED:
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City Clerk, Maria Menendez
Mayor Horace Feliu
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COMMISSION VOTE:
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READ AND APPROVED AS TO FORM:
Mayor Feliu:
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Vice Mayor Wiscombe:,
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Commissioner Birts:
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Luis R. Figueredo, Office of City Attorney
Commissioner Palmer:
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Nagin Gallop & Figueredo, PA
Commissioner Beckman:
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JAMy Documents \resolutions\Resolution resignation martinez.doc
Page 2 of 2
Exhibit A
ACKNOWLEDGEMENT WAIVER AND RELEASE AGREEMENT
This Acknowledgement, Waiver and Release Agreement is entered into as of this
day of March, 2006, between the City of South Miami ( "City "), a municipality, and
Orlando 'Martinez de Castro. ( "Martinez ") an individual, for and in consideration of Ten
Dollars ($10.00), who on March 14; 2006 voluntarily tendered his resignation as Chief of
Police and the City which received and accepted the notice of resignation.
WHEREAS, Martinez has voluntarily tendered his resignation as the Chief of
Police for the City and
WHEREAS, the Acting City Manager on behalf of the City has accepted
Martinez's resignation and negotiated a severance payment for Martinez in appreciation
of the exemplary services rendered to the City; and
NOW, THEREFORE, in consideration for the recitals set forth above and other
good and valuable consideration, the sufficiency of which is hereby acknowledged,
Martinez and the City covenant and agree:
1. Martinez hereby releases and forever discharges the City, and any of its
former, present or future agents, officers, employees, attorneys and representatives, in
their official and individual capacities, none of whom admit liability, from any and all
claims, liabilities, demands, causes of action or suit of any kind or nature whatsoever,
known or unknown, fixed or contingent, which he may have or claim to have against the
City or any of its former, present or future agents, officers, employees, attorneys or
representatives relating directly and indirectly to his employment. This
Acknowledgement, Waiver and Release Agreement includes, but is not limited to,
lawsuits or claims arising under Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000EF at seq.); Miami -Dade County Ordinance Chapter 11A; the Americans With
Disabilities Act; the Florida Civil Rights Act; and any other federal, state or local law.
2. Martinez acknowledges and affirms that, prior to executing this
Acknowledgement, Waiver and Release Agreement, Martinez was advised to > consult
with an attorney, and Martinez had sufficient time to consult an attorney of his choice.
3. The City agrees that this Acknowledgement, Waiver and Release
Agreement will not be disclosed to any third persons except as may be required by law.
In said regard, the City agrees that it will respond to any inquiry concerning Martinez`s
employment with the City by confirming the length of Martinez's service, the positions
held by Martinez and by stating that Martinez resigned from his position and left the City
on amicable terms.
4. Attached as exhibit 1 hereto, is the documented severance package for
Martinez, to be paid to Martinez within 15 days of execution of this agreement.
5. This agreement shall be governed by Florida law.
6. In the event any party is required to institute litigation to enforce this
agreement or in the event that any party brings a suit or files a charge or claim in
violation of this agreement, the prevailing party shall be entitled to reasonable attorneys'
fees and costs, including appeal.
7. Martinez acknowledges and affirms that he has read and fully understands
this Acknowledgement, Waiver and Release Agreement.
Page 2 of 4
Acknowledgement, Waiver and Release Agreement
Between City of South Miami and Orlando Martinez de Castro.
8. It is further understood that in the event Martinez is sued for any reason
arising from his employment as Chief of Police, the City shall provide a legal defense and
indemnify him from any damages arising from the discharge of his duties as Chief of
Police. The City, however, shall have no further obligation to indemnify Martinez if
Martinez is found guilty of negligence in the discharge of his duties as Chief of Police
9. The undersigned, on behalf of the City, acknowledges and represents that this
Acknowledgement, Waiver and Release Agreement is binding and enforceable as against
the City and that the undersigned is fully authorized and to enter into the same on the
City's behalf.
Orlando Martinez de Castro
State of Florida )
SS:
County of Miami -Dade
The foregoing instrument was acknowledged before me this day of March, 2006, by
ORLANDO MARTINEZ DE CASTRO, who is (—j personally known to me, or who
produced as identification.
Commission Expires
Notary Public
City of South Miami
Page 3 of 4
Acknowledgement, Waiver and Release Agreement
Between City of South Miami and Orlando Martinez de Castro.
Yvonne Soler McKinley,
Acting City Manager
State of Florida )
SS:
County of Miami -Dade )
The foregoing instrument was acknowledged before me this day of March, 2006, by
Yvonne Soler McKinley, on behalf of the City of South Miami, who is (___) personally known
to me, or (_) who produced as identification.
Commission Expires
Notary Public
Page 4 of 4
Acknowledgement, Waiver and Release Agreement
Between City of South Miami and Orlando Martinez de Castro.
Orlando Martinez de Castro
CHIEF OF ,POLICE
Date: March 14, 2006
To: Mrs. Yvonne McKinley, Acting City Manager
Due to the present circumstances, please accept my resignation to be effective two weeks
after the City Commission approves my severance package. This resignation is
conditioned upon and subject_ to the agreement we reached regarding my severance
package. As we agreed, the severance package will consist of a week of severance
(salary and benefits excluding health insurance) per year of service (for a total of eight
weeks) and my accrued vacation time. In addition, I will be paid for the two weeks prior
to my resignation going into effect, at which time I will be available via phone.
My eight years of association with the City have been very rewarding, both personally
and professionally and I hope that my presence has been beneficial to the City as well.
In my last assignment as Chief of Police we were able to accomplish many meaningful
challenges. Some of the Police Department's accomplishments include the following:
• Overall crime is down 15% o from last year and is the lowest it's been in 9 years.
• Violent crimes are down by 26% from last year and are the lowest they've been in
10 years.
• Non- violent crime is down 14 %from last year -
• The substantial reduction in crime is due to pro - activity and the arrests for street
level` narcotics, along with traffic enforcement. I believe that being visible and
challenging suspicious activities is an important factor in crime prevention. For
example, our police department has arrested and convicted over 100 different
drug dealers in 9 investigations over the last two years.
• The Police Department also detached a detective to a DEA` High Intensity Drug
Trafficking, Area task force resulting in approximately $130,000 in seizures,
which will be deposited into our forfeiture fund.
• Thie Police ,established' Mutual Aid agreements with six state and local agencies,
enabling them to share and utilize resources during investigations, emergencies
and ',a number of other mutually beneficial situations.
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• The Department installed Automated Vehicle Locator devices in patrol vehicles
for enhanced accountability, improved response time and to provide safety for the
officers.
• The Department acquired the Reverse 911 system through a State of Florida
Department of Community Affairs grant. This gives the Department the ability to
broadcast telephone messages to the community regarding emergencies or matters
of great community concern.
• Reduced overtime by over forty percent over the last two years.
• The department Manual for the Field Training Officers Program was revamped
and rewritten.
• Standardized the entire department with customized Glock .40 caliber automatic
pistols and adequate firepower (assault rifles) for the supervisors. 'Additionally,
the entire department when through' transitional weapon training. The weapons
and training was 11 done without cost to the taxpayers.
• Complete change; to paperless reporting of police offenses and incidents. The
City's Management Information Services (M.I.S) Manager was merged with the
Police Department's M.I.S. Specialist to form ';a more cohesive, efficient and
cooperative environment. Working within very tight budget constraints, laptop
computers were provided for each individual officer to allow them to be more
productive and to eliminate some time by not having to log and check shared
computers in and out. Offense and incident reports are now written and
transmitted electronically to the records management system. Traffic citations are
also completed e! lectronically, resulting in a tremendous time savings, increased
productivity and tickets that are easier to read.
• The purchase and distribution of digital cameras to supervisors through a grant
assist in the field interview data by merging the information with digital photos of
suspects to assist in investigations and offender identification.
• Our newly > revamped k -9 Unit, which was initiated last year, was enhanced this
year with the addition of a 2nd dog. The Belgian Malinois and his handler officer
have completed their full training to assist with drug and offender apprehensions.
We have also realized a decrease in officers injured, vehicle crashes, disciplinary
cases and a decrease' in the number and seriousness of complaints against
members of the department.
• With tremendous support of many key members of the department, the newly
appointed accreditation manager has initiated the process of getting the police
department accredited. After a complete rewrite of the general orders, state and
national accreditation is finally going to be achieved planned' completion is in
August 2006.
In addition, as the Department's administrator, I took actions to re- establish pride in the
rank and file. Some of the ways in which this was accomplished were:
P Clearing numerous cases involving workers compensation issues that were.
frivolous and baseless fTom officers that were abusing the system by working
light duty, etc.
! Identifying officers woose `;substandard performance jeopardized their fellow
officers, as well as the citizens of South Miami.
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• Re- establishing the Officer of the Month/Year awards. Recognizing exemplary
police performance.
• Initiating a precedence of nominating officers and the police department for
awards on a local and state" level. Some nominees were runner -ups in their
respective categories, while others actually won the prestigious awards, bringing
pride and recognition to our department and the community.
It should be noted that throughout my eight years of employment with the City, as
Deputy Director of Public Works, Director of Public Works, Assistant City Manager and
Chief of Police I have never received a reprimand or disciplinary action of any kind,
Instead I have received numerous commendations.
I would like to take this opportunity to commend the numerous risen and women that I
have worked with in the numerous, departments throughout the City, since we had to
overcome many challenges and obstacles to meet our objectives. Every department that I
had the privilege to serve with was able to successfully improve and provide better
services.
Again, in my last assignment as Chief of Police I realized that it's during times of
adversity and difficulty that the true' characters of individuals are revealed. I am honored
and privileged to have worked with the greatest staff that any one could ever ask for!
Their professionalism, commitment and dedication to South Miami' are second to none.
The police officers are true examples of what it means to be a public servant since they
put their lives in jeopardy daily to serve and protect.
In closing, I want to take this opportunity to thank past and present City officials and
those superiors who shared my vision and supported all my endeavors. All experience,
it's said is necessary for personal growth. If this is true, my tenure with the City of South
Miami has been a "growth spurt". It is because of this and all that I previously mentioned
that I today thank all the City's residents for that enrichment.` It has been my honor and
pleasure to serve you.
C: Mayor, Vice Mayor and Commissioners
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ACCRUAL INFORMATION
HOURS TYPE
TOTAL HOURS
PAY -OUT
NEW VACATION LE
72
3,761.86`
FLOATING HOLIDAY
8
417.98
BIRTHDAY HOLIDAY'
8
417.98
OLD VACATION LE
312
16,301.38
ACCRUAL HOURS PAYOFF*
400
52.248
ACCRUAL TOTAL*
400
20,899.20
SEVERANCE PAY & ACCRUAL PAYOFF CALCULATION
DESCRIPTION
HOURS
RATE
WAGES
POLICE REGULAR SALARIES
001.1910.521.1210
41,798.40
1,651,492.00
2 MONTHS SEVERANCE PAY
320
52.248
16,719.36-
POLICE EDUCATION INCENTIVE
001.1910.521.1510
60.00
14,175.00
ACCRUAL HOURS PAYOFF*
400
52.248
20,899.20
DEFERRED COMP CONTRIBUTION
001.2100.519.2220
270.51
39,301.00
2 WEEKS SALARY FROM 3/14/06 TO 3/28/06
80
52.248
4,179.84
ICMA FOR 3/14/06 TO 3/28/06
270.51
270.51
INCENTIVE FOR 3/14/06 TO 3/28/06
60
60.00
HAZARD` FOR '3/14/06'TO 3/28/06
40
40.00
FICA
7.65%
3,225.92
45,394.83
TOTAL AMOUNT
* THIS TOTAL DOES NOT REFLECT ANY ACCRUAL HOURS USED AFTER 2/26/06.
ANY ACCRUAL 'HOURS -USED UP TO CITY COMMISSION APPROVAL DAY WILL BE
DEDUCTED FROM THE ACCRUAL TOTAL SHOWN ABOVE.
Account Name
Acct.Number
Amount to
be charged
Account
Balance
POLICE REGULAR SALARIES
001.1910.521.1210
41,798.40
1,651,492.00
POLICE FICA
001.1910.521.2110
3,225.92
128,958.00
POLICE EDUCATION INCENTIVE
001.1910.521.1510
60.00
14,175.00
.POLICE HAZARD PAY
001.1910.521.1530
40.00
29,520.00
DEFERRED COMP CONTRIBUTION
001.2100.519.2220
270.51
39,301.00
45,394.83
..........
IP LASERJET 3150 SEND CONFIRMATION REPORT FOR
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SPECIAL CITY COMMISSION AGENDA
City Commission Meeting
Maetiag date: ..Hasp. 16, 2006 6130 Smart Driva, South xia,ai' FL
Tiros 7: -00 PH
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xeaa Regular Meeting date, Mara
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CALL TO ORDER
i
A. Roll Call: !
S. Invocation::. 1
C. Pledge of Allegiance:
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION.
RESOLUTION (S)
1, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY: OF SOUTH MIAMI, FLORIDA, - RELATING: TO SHE f
RESIGUNTION OF ORLANDO MARTINEZ DE CASTRO AS CHIEF; OF fi
POLICBt ADT80RIZIN6 THE PAYMENT OF SEVERANCE Ht3HHFITB {TO _
MR. MARTINEZ DR CASTROt AOTHONIZIN0 THE FUNDS To H8 �.
DZBBVRBED PROM ACCouns NOM3)SRt 001- 1910 - 521 -1210, 001-
. 1910 -521 -2110, 001 -1910- 521. -1510, 001- 1910 - 521-130, i II
001- 2100- 519 -22701 APPROVING THE ATTACHED.
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HORACE G. FELIU
MAYOR
March 15, 2006
City Commission
c/o Maria M. Menendez, City Clerk
6130 Sunset Drive
City of South Miami 33143
Re: Calling a Special Meeti
Honorable Members of the City Comn
This is to notify all of you
Thursday, March 16, 2006 at 5:30 p.rr
of this meeting is to address the resigr
March 14, 2006.
Sincerely,
/ace G. Feli '\
Mayor
Cc: Yvonne Soler- McKinley, Acth
Luis Figueredo, City Attorney
J:\My Documents\mayor \ltr Russell.special cc meetingl0
6130 Sunset Drive
South Miami, Florida 33143 -5093
Tel: (305) 668 -2484• Fax: (305) 663 -6348
e -mail: horacefeliu @bellsouth.net
2001
iP LASERJET 3150 SEND CONFIRMATION REPORT FOR
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HOMCE G. FEUD 6130 Suet �Irive
tdai i
MAYOR MAYOR South Miami. Fta�ua3143 -5083
Tei: 13(15) 6882484- F* CM) 6638346
March 15, 2006 o-meii: horacatenw@1019outh.net
i
City Commission ` �...
c% Maria M. Menendez, City Clark
6130 Sunset Drive
City of South Miami 33143
Re: Calling a Special Meetin¢
Honorable Members of the City Commission: ;
This is to notify all of you that I am hereby calling a'Special Meetjng for
Thursday March 16 2006 at 5.30 p.m. in the City Commission Chambers. The ouipose
of this meeting is to address the resignation submitted by Police Chief Orlando 14-ft.
March 14, 2006.
Sincerely,
ceG.Fei 3
Mayor
Cc: Yvonne Soler - McKinley, Acting City Manager
Luis Figaeredo, City Attorney i
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rmyDm\w msma�dl, iat«�majo.t0.03A:
j
South Miami
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SWEET
City of South Miami, Florida
City Clerk's Office
6130 Sunset Drive
South Miami, FL 33143
a
DATE: <' Mareh 15, 20U6
NUMBER OF PAGES) INCLUDING COVER: 4 j
TO: ' TIM MIAMI HERALD
ATTN: $LAIN n &L. VALLE E
t
RE: Chief Martinez letter of resignation
FAX NUMBER: (365) 671 -4350 !
FROM: `.: MatiaM. Menendez, CMG`
i
CityCierk
3
LOCATION: City of South Miami'
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FAX NUMBER: (305) 663 -6348
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IF ALL PAGES ARE NOT RECEIVED, PLEASE CALL: 305- 663.6340
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3?' ,fir 7",>,,`. , 3'..rf, ;�..:: �'?.:. -.rte .^�...,, .,-ar3 --fir @ i�� .a �"- ��;�e°�r.F?r ��.-A;�s,:' -` °. - ads °�er,R =. �'�.F', €^�,ea. ,4. •�fi
HORACE G. FELIU 6130 Sunset Drive
MAYOR South Miami, - Florida 33143 -5093
Tel: (305) 668 -2484 • Fax:; (305) 663 -6348
March 15, 2006 e-mail: • horacefeliu @bellsouth.net
City Commission
c/o Maria M. Menendez, City Clerk
6130 Sunset Drive
,City of South Miami 33143
Re: Calling a Special Meeting
Honorable Members of the City Commission:
This is to notify all of you that I am hereby calling a Special Meeting for
Thursday, March 16. 2006 at 5:30 p.m. in the City Commission Chambers. The purpose
of this meeting is to address the resignation submitted by Police Chief Orlando Martinez
March 14, 2006.
Sincerely,
DC
Mayo
Cc:
Yvonne Soler- McKinley, Acting City Manager
Luis Figueredo, City Attorney
J:\My Documents\mayor \ltr Russell.special cc meeting 10.10.05.doc
South Miami
All-America City
1' I® I
2001