City Commission

Meeting Agenda

May 24,2012

RE.11 12-00404 Department of Planning and Zoning

RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, PURSUANT TO SECTION 62-619 (C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE ONE TEMPORARY BANNER PER YEAR LIMITATION TO ALLOW PUBLIC SERVICE ANNOUNCEMENTS AT THE PROPERTY LOCATED AT 1 HERALD PLAZA, MIAMI, FLORIDA, BEGINNING MAY 31,2012 AND ENDING MAY 31,2013. DATE: MOVER: SECONDER: VOTE: APRIL 26, 2012 COMMISSIONER SPENCE-JONES COMMISSIONER GORT AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, SUAREZ AND SPENCE-JONES ABSENT: 1 - COMMISSIONER(S) CAROLLO DEFERRED--PASSED MAY 10,2012 COMMISSIONER SPENCE-JONES COMMISSIONER CAROLLO AYES: 4 - COMMISSIONER(S) GORT, CAROLLO, SUAREZ AND SPENCE-JONES ABSENT: 1 - COMMISSIONER(S) SARNOFF DEFERRED--PASSED

ACTION: DATE: MOVER: SECONDER: VOTE:

ACTION: RE.12 12-00571 City Commission RESOLUTION

A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO SECTION 36 OF THE CHARTER OF THE CITY OF MIAMI FOR CONSIDERATION AT AN ELECTION ON NOVEMBER 6, 2012, PROPOSING, UPON THE APPROVAL OF THE ELECTORATE, TO REMOVE CERTAIN POSITIONS FROM THE CLASSIFIED SERVICE.

City of Miami

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City of Miami
Legislation
Resolution
File Number: 12-00571

City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com

Final Action Date:

A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO SECTION 36 OF THE CHARTER OF THE CITY OF MIAMI FOR CONSIDERATION AT AN ELECTION ON NOVEMBER 6,2012, PROPOSING, UPON THE APPROVAL OF THE ELECTORATE, TO REMOVE CERTAIN POSITIONS FROM THE CLASSIFIED SERVICE.

WHEREAS, the Charter of the City of Miami, Florida, contains provisions that do not allow the City of Miami ("City") to operate efficiently; and WHEREAS, an amendment is needed to revise Section 36 of the Charter of the City of Miami, Florida, as amended ("City Charter") to accurately reflect the City's operational needs, to allow the City to operate in a more cost-effective manner and better allow the City to deliver services and perform its municipal duties; NOW, THEREFORE, BE IT RESOLVED, BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Attorney is directed to prepare an amendment to Section 36 of the City Charter for consideration at an election on November 6,2012, proposing, upon the approval of the electorate, to remove certain positions from the classified service. Section 2. This Resolution shail become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNES~

JULIE O~BRU CITY ATTORNEY
Footnotes:

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{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.

City of Miami

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File Id: 12-00571 (Version:

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MIAMI-DADE COUNTY Sec.'2-41.- Classified service; exceptions therefromji~}
The classified service shall comprise all full-time positions in the County service existing on January 1, 1956, or thereafter established, except positions held by employees of the Public Health Trust of Miami-Dade County, Florida, and except the following: (1) The Mayor, County Commissioners elective offices, and all administrative foregoing. (2) Members of Boards and Commissions, Commissioners administrative (3) The County Manager, all Senior Assistants tothe County Manager, all administrative assistants, all secretaries and all other employees of the County Manager's Office or its offices. appointed by the County and other officers elected by popular assistants and secretaries to the vote or appointed by the governor, and persons appointed to fill vacancies in

or by elected official or by the Manager; and all assistants and all secretaries to the foregoing.

The County Attomey,ali (5)

Assistant County Attorneys,

law Clerks, secretarial,

clerical and all other employees of the County Attorney's office.

All members of the staff of the Eleventh Circuit and the employees of the Administrative (6) Department directors, deputy department directors, assistant department . directors, division directors, agency heads, board of directors, consumer advocates, program directors and all immediate assistants and all immediate assistants and all secretaries to the foregoing. (7) Persons employed in a professional County Commissioners or scientific capacity to make or conduct or examination on behalf of the Office of the Court.

a temporary and specific inquiry, investigation

or a committee thereof, and other elected officials, or

by the authority thereof, or persons employed in a highly specialized professional scientific or technical capacity needed to implement a mass transit system. (8) Physicians, attorneys and other professional medical employees, and licensed practical nurses.

Non-bargaining

unit professional or managerial positions whose duties are

determined to be inconsistent with the County's classified service rules, as recommended by the concerned department director and approved by the personnel director and County Manager. (22) All employees of the audit and management services department. (23) All non-bargaining (24) All employees of the Communications (25) All non-bargaining unit professional and managerial employees of the Office Department. unit professional and managerial employees of the

Department of Business Development.

of Building Code Compliance.

(26)
All employees of the Housing Finance Authority. (27) All employees of the Labor Management and Employee Appeals Division of the Employee Relations Department. (28) All employees of the Community Action Agency.
(Ch. 30255, § 2, Laws 1955; Ord. No. 57-16, § 1, 10-7-57; Ord. No. 58-31, § 1, 8-5-58; Ord. No. 64-35, §§ 2,3,7-21-64; Ord. No. 65-8, § 1, 1-25-55; Ora. No. 66-38, .91,7-26-66; Ord. No. 67-46, § 1,7-11-67; Ord.

No. 68-82, § 1, 12-17-68; Ord.No. 69-43, § 1, 7-16-69; Ord. No. 70-50, § 1, 6-16-70; Ord. No. 71-77, § 1, 9-22-71; Ord. No. 75-71, §§ 1.,2, 9-17-75;Ord. No. 75-102, § 1,11-4-75; Ord. No. 76-26, §§ 1, 2, 3-2-76;

Ord. No. 77-86, § 2, 12-6-77; Ord. No. 80-16. § 1, 3-4-80; Ord. No. 82-60. § 1, 7-6-82; Ora. No. 86-23, § 1, 3-18-86; Ora. No. 90-18. § 1, 3-6-90; Ord. No. 92-30, § 1.. 4-21-92; Ord. No. 99-112, § 2.. 9-9-99)

Annotation-All

County employees in Miami-Dade County are required to be in the

classified service (civil service) except for those specifically excluded therefrom. No exclusion or exemption is made for personnel in positions which would be engaged in work necessarily incident to the operation of the County owned transit system, Miami-Dade County 176.

v. Amalgamated Ass'n. of S.E.R.&M.C. Emp., Fla. 157 So. 2d.

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~.----.----.----CITY OF MIAMI CHARTER PROVISIONS
RE.12

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Sec. 36. - Civil service.
(a) Creation of board; appointment; terms of office; vacancies; rules and regulations. shall be appointed by the

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civil service board of the city is hereby created and established. There shall be five members constituting the said civil service board.Three city commission, and two shall be elected by the employees of the city with civil service status, from said~employees with such civil service status. The two so elected shall become members of the board when confirmed by the city commission. All members of the said civil service board shall serve for two years, and they shall take office as soon as appointed and qualified. The city commission may remove any member of the board for cause, upon stating in writin'g the reasons for the removal, after allowing him or her to be heard by the city commission in his or herown defense. Any vacancy shall be filled by the city commission for the unexpired term. The city manager shall be authorized to prescribe the rules, regulations, and procedure for the holding of election for the purpose of electing thetvvo members of the civil service board by the city employees with civil service status. (b) Chairperson; examiner; subordinates. Immediately after appointment, the board shall
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organize by electing one of its members chairperson. The board shall appoint a chief examiner who shall be a member of the board and who shall also act as secretary. The board may appoint such other subordinates for. as may by appropriation be provided

(c)
Unclassified and classified service. The civil service of the city is hereby divided into the unclassified and the classified service.

(1)
The unclassified service shall include: (A) The city manager, his or her assistants, and secretarial staff; (8) The heads of departments, the superintendent (C) Assistants to department heads: Assistant chiefs of the police division; All ranks in the police division above the classified position of police captain; Assistant chiefs of the fire division; members of appointive boards, judges of division; the city court, the city clerk, chief of police, chief of fire division, and' of communications

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and regulations which shall have the force and effect of law providing for appointment and employment in all positions in the classified service, based on merit, efficiency, character, and industry; shall make investigations concerning the enforcement and effect of this article and of the rules adopted; and shall make an annual report to the city commission. The chief examiner shall provide examinations in accordance with regulations of the board and maintain lists of eligibles of each class of the services of those meeting the requirements of said regulations. Positions in the classified service shall be filled from such eligible lists upon requisition from and after consultation with the city manager. When positions are filled, the employment officer shall so certify, by proper and prescribed form, to the director of finance and to the director of the department in which the vacancy exists. (e) Promotion. The board shall provide uniform rules for promotion classified service.

to all positions

in the

(f)
Power of suspension, removal, fine, or demotion. (1) Any officer or employee in the classified service may be removed, suspended, fined, laid off, or demoted by the city manager or by the head of the department in which such person is employed, for any cause which will 'promote the efficiency of the service; but such person must be furnished with a written statement of the reasons therefor within frve days from the date of the removal, suspension, fine, layoff, or demotion, and be allowed a reasonable time for answering such reasons in writing, which answer shall be made a part of the records of the. board, with the suspension to take effect as of the date that such written statement is furnished. No trial or examination head of the department. Any employee in the classified service who deems that he or she has been suspended, removed, fined, laid off: or demoted without just cause may, within 15 days of such action, request in writing a hearing before the civil service board to determine the reasonableness action. The board shall, within 30 days after appeal of the employee disciplined, proceed to hear such appeal. After hearing and considering the evidence for and against the employee, the board shall report in writing to the city manager its findings and recommendations. The city manager shall then director. Any sustain, reverse, or modify the action of the department of the of witnesses shall be required except in the discretion of the city manager or the

member of the civil service board and the director of personnel may administer an oath to witnesses appearing before said board or before said director in an investigation, witnesses .. disciplinary or appeal proceedings, and they shall have the power to issue witness subpoenas and to compel the attendance of

Penalties. The civil service board, subject to the approval of the city commission, shall determine the penalties for the violation of the civil service provisions of this Charter.

(I)
Salaries of board and employees. The salaries of the civil service board and its' employees shall be determined by the city commission, and a sufficient sum shall be appropriated each year to carry out the civil service provisions of this Charter.
(Res. No. 01-843, § 2, 8-9-01)

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