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Ordinance: 13979
File Number: 8823
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/25/2021
(4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE,
AMENDING CHAPTER 40/ARTICLE I/SECTION 40-1 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PERSONNEL/IN
GENERAL/REGISTRATION AND FINGERPRINTING -GENERALLY," BY
PROVIDING A MINIMUM QUALIFICATION STANDARD FOR EMPLOYMENT
IN AN ELECTED OFFICIAL'S OFFICE AND PROHIBITION ON DOING
BUSINESS WITH CERTAIN CONSULTANTS; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Joe Carollo
WHEREAS, pursuant to Section 40-1 of the Code of the City of Miami, Florida as
amended ("City Code"), all City of Miami ("City") employees must be fingerprinted by the Miami
Police Department in order to be eligible for employment with the City; and
WHEREAS, those persons employed by an Elected Official hold a sensitive position of
trust given their employment in the Elected Official's office; and
WHEREAS, the City, through its duly Elected Officials, has an obligation to set a
minimum qualification standard for those persons seeking employment with an Elected Official;
and
WHEREAS, likewise, Elected Officials have an obligation to deal with reputable
consultants; and
WHEREAS, it is in the best interest of the City and its residents to create minimum
qualifications standard for employees and consultants of Elected Officials; and
WHEREAS, in accordance with Section 2-33(f) of the City Code and pursuant to Section
166.041(3)(b), Florida Statutes, the City Commission, by a four -fifths (4/5ths) affirmative vote,
finds that this emergency ordinance is necessary on the grounds of an urgent need for the
continuity of services for the City's residents and for the preservation of health, safety, welfare,
or property of the public;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
City of Miami Page 1 of 3 File ID: 8823 (Revision: A) Printed On: 411412021
File ID: 8823
Enactment Number: 13979
Section 2. Chapter 40 of the City Code is further amended in the following particulars:'
"CHAPTER 40
PERSONNEL
ARTICLE I. IN GENERAL
Sec. 40-1. - Registration and fingerprinting —Generally.
(a) All temporary and permanent employees of the city, inclusive of both the classified and
unclassified services thereof, shall submit themselves to the police department for
registering and fingerprinting. All persons whose names shall appear upon any eligible list
for employment in the classified service of the city shall register and shall be fingerprinted
by the police department before appointment to any position in such service. All persons
filing applications for employment in the classified service of the city shall register and shall
be fingerprinted by the police department before such persons shall be eligible for
examination or for appointment to the position with the city for which the applications shall
have been made. No person shall be employed by the city without such person first having
been registered and fingerprinted by the police department.
(b) The provisions of this section shall not apply to those employees registered and
fingerprinted by the city prior to July 30, 1941.
(c) Failure to comply with this section shall constitute grounds for the immediate dismissal of
any present or future employee of the city, and the civil service code of rules and
regulations of the city is hereby amended so as to make such noncompliance a ground for
dismissal from municipal employment.
(d) Elected officials are prohibited from hiring or retaining the services of any
person/employee who is on probation and/or under criminal investigation. Likewise, Elected
Officials are prohibited from hiring or retaining the services of any consultant on probation
and/or under criminal investigation.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Emergency Ordinance shall become effective immediately after final
reading and adoption thereof.2
1 Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
z This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 2 of 3 File ID: 8823 (Revision: A) Printed on: 411412021
File ID: 8823
Enactment Number: 13979
APPROVED AS TO FORM AND CORRECTNESS:
1
Vft6ria-Vrdel, City Attor iey 4/12/2021
City of Miami Page 3 of 3 File ID: 8823 (Revision: A) Printed on: 411412021