04-09-05 Special Item 12To: Honorable Mayor, Vice Mayor Date: April '04, 2005
and City Commission
p
From: Maria V. Davis Subject: Agenda Item at*1ngq'P
City Manager l Commission
April 5, 2005
Re: Medical Leave Request -
Officer Richard Munoz
Request
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO EXTENDED MEDICAL LEAVE;
GRANTING OFFICER RICHARD MUNOZ ADDITIONAL LEAVE WITH PAY;
PROVIDING AN EFFECTIVE DATE.
Background and Analysis
The attached resolution authorizes the City Manager to pay extended medical leave without any
reductions to Officer Richard Munoz, an employee of the City of South Miami Police
Department.
Richard Munoz is a dedicated officer that has recently received numerous commendations and
awards for his extraordinary service as a narcotics investigator. Just recently, he was recognized
by Dade County Association of Chiefs of Police for Officer of the month and the LEO Award
committee for his outstanding accomplishments in investigative work. Officer Munoz is
currently undergoing treatment for a catastrophic form of cancer which has caused him to
exhaust all of his earned leave time. Other city employees have generously donated a good deal
of their accumulated sick leave to help him out. That time is, however, being quickly exhausted.
This resolution would provide an additional 90 days of extended leave, commencing upon the
depletion of the donated medical leave, and terminating when Officer Munoz is medically
cleared to return to work.
A policy allowing this type of extension was put into effect in February of 2000 when another
employee was faced with financial hardship due to a serious illness, and the Commission granted
him an additional 90 days of leave with pay (see attached copy of relevant minutes from February
Is' and 15th, 2000).
Recommendation
Your approval is recommended.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO EXTENDED MEDICAL LEAVE;
GRANTING OFFICER RICHARD MUNOZ ADDITIONAL LEAVE WITH PAY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Richard Munoz, an exemplary Police Officer for the City of South Miami, is
currently undergoing treatment for a serious form of cancer and has exhausted his accumulated annual
and medical leave time; and
WHEREAS, City of South Miami employees have graciously donated medical leave time so that
Officer Richard Munoz can continue to receive a paycheck; and
WHEREAS, the Mayor and City Commission desire to authorize the City Manager to extend
medical leave time and other regular benefits to Officer Munoz for a fixed period of time, commencing
upon the exhaustion of the donated medical leave, in order to assist Officer Munoz until he is able to
return to work.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Manager is authorized to extend medical leave time and other regular
benefits to Officer Munoz for a period of time up to 90 days, commencing upon the exhaustion of his
donated medical leave, and terminating when Officer Munoz is medically cleared to return to work.
Section 2. This medical leave resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
2005.
APPROVED:
MARY SCOTT RUSSELL, MAYOR
Commission Vote:
Mayor Mary Scott Russell:
Vice Mayor Velma Palmer:
Commissioner Randy G. Wiscombe:
Commissioner Marie Birts - Cooper:
Commissioner Craig Z. Sherar:
Commissioner Bethel: Yea
Commissioner Feliu: Yea
Commissioner Bass: Yea
Vice Mayor Russell: Yea
Mayor Robaina: Yea
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
There are none
RESOLUTION (S) HEARING
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONFLICT OF
INTEREST; PROVIDING THAT APPOINTMENT OF SUSAN REDDING
TO THE ZONING TASK FORCE DOES NOT CREATE A CONFLICT
WITH EXISTING ENGAGEMENT TO PROVIDE INSURANCE BROKER
SERVICES; PROVIDING AN EFFECTIVE DATE.
Moved by Commissioner Bass, seconded by Vice Mayor Russell
to defer this item to the February 15th City Commission meeting,
pending public hearing advertisement.
There, being no further discussion motion passed by a 5-0
vote.
Commissioner Bass Yea
Vice Mayor Russell: Yea
Commissioner Bethel: Yea
Commissioner Feliu: Yea
Mayor Robaina: Yea
RESOLUTION (S)
-13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXTENDED
MEDICAL LEAVE PAY; PROVIDING AN EFFECTIVE DATE.
(Commissioner Feliu) 3/5
Moved by Commissioner Feliu, seconded by Vine Mayor Russell
and Commissioner Bethel to approve this item, with the City Clerk
assigning the next available number.
Commissioner Feliu explained his rationale for sponsoring
this particular resolution.
Mayor Robaina asked about the legalities of adopting such a
resolution.
Attorney Gallop said the City has the power to adopt this
resolution to provide for the duration of a salary. He said this
REGULAR CITY COMMISSION 8
MINUTES February 1, 2000
{
is a policy matter for the Commission to make because there might
be others who would expect the same type of compensation.
While everyone agreed that Mr. Walker's circumstances were
indeed unfortunate, after extensive discussion it was moved by
Mayor Robaina, seconded by Vice Mayor Russell and Commissioner
Bass to defer this item to the February 15t Commission meeting.
At which time administration will have a legally sufficient
document, with a_fixed period of time incorporated for which the
medical leave pay would be extended.
There, being no further discussion the motion passed by a 4-
1 vote
Commissioner Bass: Yea
Commissioner Bethel: Yea
Vice Mayor Russell: Yea
Commissioner Feliu: Nay
Mayor Robaina: Yea
RESOLUTION NO. 29 -00 -10922
14 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH- MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO RELEASE THE SUM OF $60,803.00 TO KOMPAN
SOUTHEAST, INC. FOR THE REMOVAL OF THE EXISTING
EQUIPMENT THAT CONSTITUTES THE TOT LOTS AT MARSHALL
WILLIAMSON PARK AND INSTALLATION OF NEW EQUIPMENT,
CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 000 --
131.1440 "MARSHALL WILLIAMSON PARK IMPROVEMENT /SAFETY
GRANT"
(Vice Mayor Russell) 3/5
Moved by Mayor Robaina, seconded by Vice Mayor Russell to
approve this item.
Ms. Garcia the City's Parks & Recreation Department Director
provided applicable information associated with this request.
Ms. Mary Piazza of Kompan Southeastern, Inc. was afforded an
opportunity to present information on the Conceptual Plan for
the renovation of play areas at Dante Fascell Park.
Vice Mayor Russell brought of the issue of wheel chair
accessibility at Dante Fascell Park.
Ms. Garcia' indicated that this is issue is under considered
for incorporation into future renovation plans being formulated
for Dante Fascell Park.
There, being no further discussion, the motion passed by a
5 -0 vote.
REGULAR CITY COMMISSION 9
MINUTES - February 1, 2000
RESOLUTION NO. 36 -00 -10929
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXTENDED
MEDICAL, LEAVE; GRANTING MR. DAVID WALKER ADDITIONAL
LEAVE WITH PAY; PROVIDING AN EFFECTIVE DATE. (Deferred
from February 1, 2000)
(Vice Mayor Feliu) 3/5
RESOLUTION NO. 37 -00 -10930
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A STORMWATER
IMPROVEMENTS GRANT, CONCERNING CONTRACTS, AUTHORIZING
THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO
ACCEPT A $340,000.00 GRANT FOR STORMWATER DRAINAGE
IMPROVEMENTS
3/5
RESOLUTION NO. 38 -00 -10931
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION, OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE AN OPEN PURCHASE ORDER IN THE AMOUNT
OF $8,000.00 FOR PLACENCIA NURSERY CHARGING THE
DISBURSEMENT TO ACCOUNT NUMBER 001- 2050 - 5194625
"LANDSCAPE MAINTENANCE - LANDSCAPE IMPROVEMENTS."
3/5
RESOLUTION NO. 39 -00 -10932
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE CODE
ENFORCEMENT BOARD; APPOINTING KENNETH FELDMAN TO SERVE
FOR AN UNEXPIRED TERM ENDING APRIL 20, 2001 OR UNTIL A
SUCCESSOR IS DULY APPOINTED AND QUALIFIED.
(Mayor Robaina) 3/5
RESOLUTION NO. 40 -00 -10933
9. A RESOLUTION OF THE, MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CODE
ENFORCEMENT BOARD; APPOINTING ROSEMARIE WILSON TO SERVE
FOR A TWO YEAR TERM ENDING FEBRUARY 15, 2002 OR UNTIL A
SUCCESSOR IS DULY APPOINTED AND QUALIFIED.
(Mayor Robaina) 3/5
Moved by Mayor Robaina, seconded by Vice Mayor- Feliu to
approve the Consent Agenda
There, being no discussion, the motion passed by a 4 -0
vote.
Commissioner Russell: out of room
Commissioner Wiscombe Yea
Commissioner Bethel: Yea
REGULAR CITY COMMISSION 4
MINUTES - February 15, 2000
Vice Mayor Feliu: Yea
Mayor Robaina: Yea
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
There were none
RESOLUTION (S) HEARING
RESOLUTION NO. 41 -00 -10934
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONFLICT OF
INTEREST; WAIVING THE PROHIBITION OF CITY OF SOUTH
MIAMI CODE SECTION 8A -1( C), PROHIBITION ON TRANSACTING BUSINESS WITH THE CITY, IN THE APPOINTMENT OF SUSAN
REDDING TO THE CITY'S ZONING TASK FORCE; PROVIDING AN
EFFECTIVE DATE.
(Mayor Robaina) 3/5
Moved by Mayor Robaina, seconded by Commissioner Russell to
approve this item.
Attorney Gallop explained the pertinent issues involved with
this item.
Mayor Robaina opened the floor for the public hearing.
Ms Susan Redding appeared before the City Commission to
correct an error on her board application.
After there were no others parties interested in speaking on
this item the public hearing was closed.
vote. Upon conclusion of discussion, the motion passed by a 5 -0
Commissioner Wiscombe: Yea
Commissioner Russell: Yea
Vice Mayor Feliu: Yea
Commissioner Bethel: Yea
Mayor Robaina: Yea
RESOLUTION NO. 42 -00- 10935
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
PURSUANT TO SECTION 20- 3.4(B)(21) OF THE LAND
DEVELOPMENT` CODE FOR A SPECIAL USE APPROVAL TO LOCATE
AN ANIMAL HOSPITAL IN THE "GR" GENERAL RETAIL ZONING
DISTRICT SPECIFICALLY AT 5820 BIRD ROAD.
Moved by Mayor Robaina, seconded by Commissioner Russell to
approve this item.
REGULAR CITY COMMISSION 5
MINUTES — February 15, 2000