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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez, City Attorney , DATE: February 10, 2022 RE: City Commission Meeting — December 9, 2021 Proposed Amendment to the total number of full time attorneys in the Office of the City Attorney File No. 11120 The attached proposed Ordinance requests an adjustment of full time attorneys from thirty (30) to thirty-three (33), thereby adjusting the total number of employees of the Office of the City Attorney ("OCA") to sixty-four (64), with funding, when needed for additional attorneys, as allowed, shall be done by budget resolution. Attachment(s) cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator VM/BLM/vja City of Miami File ID: 11120 (Revision: A) Printed On: 212412022 City of Miami City Hall 3500 Pan Ameican Drive Legislation Miami, FL 33133 www.miamigov.com Ordinance Enactment Number :14046 File Number: 11120 Final Action Date:2/10/2022 AN ORDINANCE OF THE MIAMI CITY COMMISSION MODIFYING THE NUMBER OF ATTORNEYS IN THE OFFICE OF THE CITY ATTORNEY ("OCA") WITH FUNDING, IF NEEDED, TO BE APPROVED BY SEPARATE RESOLUTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Attorney is the legal advisor of and attorney and counsel for the City of Miami ("City") including the City's officers and departments; and WHEREAS, Section 21 of the Charter of the City of Miami, Florida, as amended ("City Charter'), states that the City Attorney shall have such number of attorneys as authorized by the City Commission via ordinance; and WHEREAS, on September 23, 2021, the City Commission adopted Resolution No. R- 21-0402 approving the budget of the Office of the City Attorney ("OCA") with a total personnel count of sixty-one (61) employees, including thirty (30) attorneys; and WHEREAS, the approved budget for the OCA also includes funding for a Legal Consultant to perform legal services on a contractual basis; and WHEREAS, the Legal Consultant has terminated his contract with the City and it is more fiscally prudent and efficient to have a full time attorney handle the matters previously handled by the Legal Consultant; WHEREAS, there will be no fiscal impact as a result of the additional positions as they are currently budgeted; and WHEREAS, for purposes of the organizational table, the OCA is requesting an increase in the total number of full time attorneys from thirty (30) to thirty-three (33), including the above - described positions with funding, if needed, to be approved by separate resolution; 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. Section 2. The total number of full time attorneys employed by the OCA is adjusted to thirty-three (33), thereby adjusting the total number of employees of the OCA to sixty-four (64) with funding, if needed, to be approved by separate resolution. 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. City of Miami File ID: 11120 (Revision: A) Printed On: 212412022 Section 4. This Ordinance shall become effective ten (10) days after final reading and adoption thereof.' APPROVED AS TO FORM AND CORRECTNESS: 1 1 Vy ria i " dez, ity ttor ey 11f3012021 ria i dez, Ity ttor ey 1/17/2022 ' 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 File ID: 11120 (Revision: A) Printed On: 212412022