HomeMy WebLinkAboutO-11844J-99-690
8/24/99 11-844
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 40, ARTICLE III, OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED: "PERSONNEL/CIVIL SERVICE RULES AND
REGULATIONS", TO COMPLY WITH THE MAY 4, 1999
COURT ORDER ISSUED BY THE UNITED STATES
DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA,
RELATIVE TO THE 1977 CONSENT DECREE, BY
AMENDING THE CITY OF MIAMI CIVIL SERVICE
RULES AND REGULATIONS AS THEY PERTAIN TO THE
MANNER OF CERTIFICATION OF ELIGIBLE
INDIVIDUALS FOR PERSONNEL APPOINTMENT; MORE
PARTICULARLY BY AMENDING SECTION 40-88 BY
DELETING SUBSECTION (e) IN ITS ENTIRETY;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Civil Service Board, at its regular meeting of
June 17, 1999, unanimously voted to amend Rule 8, Section 8.7,
Additional Certification, of the Civil Services Rules and
Regulations, by repealing Section 8.7 in its entirety to ensure
compliance with an Order issued by the United States District
Court Southern District of Florida, Case No. 75-3096-Civ-
Highsmith; and
WHEREAS, it is necessary to amend Chapter 40, Article III,
of the Code of the City of Miami, Florida, as amended, by
deleting Section 40-88(e) in its entirety to comply with said
Court Order and reflect the Civil Service Board's action; and
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 hereby adopted by reference
thereto and incorporated herein as if fully set ,forth in this
Section.
Section 2. Chapter 40/Article III of the Code of the
City of Miami, Florida, as amended, is hereby amended in the
following particulars:''
"CHAPTER 40
PERSONNEL
ARTICLE III. Civil Service Rules and Regulations
Sec. 40-88. Manner of certification of eligibles for
appointment.
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.
- 2 111844
NOR
(2) ^T'lmembers of a L�JJia1
defined in federal
:e preteeted
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as regul-aVens,
when
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add-itienal eertifreatien will
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may require -ap
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the names remaining -e r may
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and ether -federal
--
The-eategerizatien of persen-s en the basis of
race eeier er nat-iena-1 erigin with resip e&t
te heir iden-t-iMeatien fer eertifieatie � r
m:IZI 9 t be established at the tirmcre-e f
appliehren.-The ethnie-eategery marked en
the applieatien ferm at the e-lene of
reeruitment must remain in feree fe�� re
duratien-ef the register.
* if
Section 3. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
- 3 - 11844
this Ordinance are hereby repealed.
Section 4. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof."
PASSED ON FIRST READING BY TITLE ONLY this 21st day of
September 1999.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 12th day of October , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the mayor did not indicate approval of
this legislation by signing it in the designated place provide, said legislation no,,v
becomes effective with the elapse of ten (10) days t the date ^ Commis n action
regarding same, without the Mayor exercisi v
ATTEST: W oeman City Clerk
WALTER J. FOEMAN
CITY CLERK _
JEW
LO
C Pf ATTORNEY
47:RCL:BSS
This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten 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.
- 4 - 1184-4
• ! 10
Honorable Mayor and Members
of the City Commission
City Manager
RECOMMENDATION
Proposed Amendment to
Civil Service Rules and
Regulations
(1)
It is respectfully recommended that an amendment to Rule 8, Section 8.7, of the Civil Service
Rules and Regulations, per the attached Ordinance, be approved. The amendment would
repeal Section 8.7 of the current Rules, in its entirety, dealing with additional certification for
vacant positions, and ensure that the Rules are not in conflict with the May 4, 1999 Federal
Court Order issued by Judge Shelby Highsmith relative to the 1977 Consent Decree.
BACKGROUND
At the Civil Service Board meeting of May 20, 1999, Chief Examiner Martin Garcia proposed
an amendment to Civil Service Rule 8, Section 8.7 which would repeal said section. Chief
Examiner Garcia informed the Board that the repeal is necessitated by Section D, paragraph
9, of the Order issued by United States District Judge Shelby Highsmith on May 4, 1999
(Case No. 75-3096-Civ-Highsmith) superseding the 1977 Consent Decree with respect to
Public Service Aide and sworn classified positions in the Police Department, and terminating
the 1977 Consent Decree with respect to all other City departments and positions under the
Decree's purview. Judge Highsmith's Order mandates, in part, "...The City shall not, from the
date this Order is entered, make any further appointments from certification lists that have
been created using the rule of eight...." The proposed amendment would ensure that the
Civil Service Rules and Regulations are not in conflict with the Federal Court Order.
Personnel and union representatives indicated no objection to the proposed rule change at
the Public Hearing held on June 17, 1999. The Civil Service Board unanimously voted to
amend Rule 8, Section 8.7 at the same hearing.
Therefore, it is recommended that an amendment to Rule 8, Section 8.7. Additional Certifica-
tion., of the Civil Service Rules and Regulations, per the attached Ordinance, be approved to
repeal the current listing.
I shall include on the City Commission agenda of Tuesday, September 14, 1999, an Ordi-
nance concerning an amendment to Civil Service Rule 8, Section 8.7.
DHW/AT
11844
CIVIL SERVICE INFORMATION BULLETIN #285
May . 20, 99
:7
R
TO:.. ALL DEPARTMENT DIRECTORS.:.'a:... '':DATE: MAY 20,1999 s
DIVISION HEADS AND EMPLOYEES
FROM: PRISCILLA A. THOMPSON SUBJECT:: ':PROPOSED AMENDMENT;>,
EXECUTIVE SECRETARY TO CIVIL SERVICE RULE 8,
CIVIL SERVICE BOARD 1.SEC. 8.7.:
CrW CL7N y
. .. . -"r':`5"•ram �_��
At the Civil Service Board meeting of May 20, 1999; an amendment to the Ci .ofi
Miami Civil. Service Rules and Regulations. '(Ordinance No. 8977) was proposed . by.,Ciyil.
Service Board Chief Examiner Martin Garcia. A public hearing is scheduled for .10:00 A.M._on.
Thursday, June 17, 1999, to consider Chief Examiner Garcia's proposal. This item .will. be
placed on the Civil Service Board agenda for the regular meeting of the same date, to be heid .
in the City Commission Chambers, City Hall, 3500 Pan American Drive, Dinner Key....
During his presentation, Chief Examiner Garcia stated that due to the issuance of the'
Order by United State District Judge Shelby Highsmith on May 4, 1999, a rule change needed
to be considered by the Board. He proceeded to provide the Board with a brief overview:°of
one part of Judge Highsmith's Order superseding the 1977 Consent Decree with respect to
Public Service Aide and sworn classified positions in the Police Department, and terminating
the 1977 Consent Decree with respect to all other City departments and'positions under the
Decree's purview. Chief Examiner Garcia stated that Section D, paragraph 9, -of the Order
provides, in part, "...The City shall not, from the date of this Order is- entered, make any -
further appointments from certification lists that have been created using. the rule of eight..."_.
He went on to say that Judge Highsmith's Order will necessitate an amendment. of Civil
Service Rule 8, APPOINTMENTS, PROMOTIONS & ADVANCEMENTS, Sec. 8.7. Additional
Certification.
The proposed amendment would repeal Sec. 8.7 of the current Rules and ensure
that the-divil Service Rules are not in conflict with the Federal Court Order.
The proposed changes are listed below. Words stricken through are suggeste. z
deletion
> F
r.
Rule 8, Section 8.7, presently reads:
Additional 'Certification. In addition to the names certified as A;
provided above, the Director of the Human Resources. Department-.-,`,,.-1
shall certify from the saute or another. appropriate list the names o$,4sy
the three persons standing next highest as follows �-
w ;
a Three members of the affected class as prescribed in the
Consent Decree, United States of America v. City of Miami'/ or
5s,
(b) Three members of appropriate protected groups as defined in ;�r r �
Federal regulations, when such additional certification will :assist' M:--x
the City in meeting hiring or promotional goals established in the `� ..
aforesaid Consent Decree or in an affirmative action plan �ry
-.__.._.established in accordance with Federal laws, regulations or --others s��
requirements or when an examinations has adverse im act upon,,,
�
members of protected groups: When more than one vacancy exists,
the -Director of the Human Resources Department °shall certify the �x x
next name on the register and the next member of the affected class
or protected group, as appropriate. -if -special requirements. -of
domicile or the possession of special 'qualifications are properly .t=,
justified, the Director of the Human Resources Department may also
certify the names of not more than three persons who best meet "
such special requirements. When there are insufficient names
the register . or other appropriate list to certify the number_;;...."_..'
prescribed above, the Director of the Human - Resources ,
Department . may require appointment from among the names
remaining or may establish a new register in order to meet the
objectives of the City's merit system and the applicable
requirements of the aforesaid Consent Decree and other Federal
requirements.
The categorization of persons on the basis of race, color or national
origin with respect to their identification for certification for
- employment or promotion under this Section must be established at
the time of application. The ethnic category marked on the
application form at the close of recruitment must remain in force for
the duration of the register (Ordinance No.10282) _
1/ United States of America v. City of Miami, etc., et al., District Court, Southem District of Florida,
Case #75-3096-CIV-JE
Rule 8, Section 8.7, as proposed would read as follows:
Geri-ofin-atien. in additien to the names eeFWed as
•
UNITED STATES OF AMERICA,
Plaintiff,
vs.
CITY OF MIAMI, and FRATERNAL
ORDER OF POLICE, LODGE 20,
Defendants,
and
PROFESSIONAL FIREFIGHTERS
OF MIAMI, LOCAL 587, INTERNA-
TIONAL ASSOCIATION OF FIRE-
FIGHTERS, AFL-CIO,
Intervenor/Defendant..
United i
States District Coin
Southern District of Florida
Case No. 75-3096-Civ-Highsmith
MAY - 4 1999
CARLOS JUCItKE
CIERR U.S. GIST. CT.
S.O. Of ILA. - W IA W
J
RS
.�1
n
rn
ORDER SUPERSEDING THE 1977 CONSENT DECREE
WITH RESPECT TO PUBLIC SERVICE AIDE AND SWORN
CLASSIFIED POSITIONS IN THE POLICE DEPARTMENT,
AND TERMINATING THE 1977 CONSENT DECREE WITH
RESPECT TO ALL OTHER CITY DEPARTMENTS ANp- .
POSITIONS (JNDER THE DECREE'S PURVIEW
THIS CAUSE came* before the Court upon motion by plaintiff United States of
America ("United States") to modify the 1977 Consent Decree with. respect to the
public service aide and -sworn classified positions in the City of Miami ("City") Police
Department, and to terminate the Consent Decree with respect to all other City
departments and positions under the Decree's purview.
Upon review of the United States' motion and the entire record in this matter,
the Court finds that the basic objectives of the Consent Decree have been achieveds.00
the City has acted in good faith compliance with the Decree, and the vestiges of past"
discriminatory practices against blacks, Hispanics, and women have been eliminated
to the extent. practicable. 'Specifically, the Court finds that the City has remedied the
substantial under -representation and segregation of blacks, Hispanics, an'
d.women
in its workforce, and has achieved workforce parity with the Miami civilian labor force
to the extent practicable.,
Accordingly; termination of the Consent Decree is appropriate, except as
necessary to complete the development of selection devices for certain -job
classifications in the Police Department as set. forth herein. -It is, therefore,
ORDERED that the 1977 Consent Decree is terminated as to all departments,
agencies, and positions of defendant City 'of Miami ('City") presently under the
Decree's purview, except as described herein. It is
FURTHER ORDERED that with :respect to. each job classification presently
covered by the Consent Decree, the City shall immediately cease using, the long-.
and -short-term hiring and promotion goals required by the Consent Decree, as well:
4
as measures such as the "rule of eighe adopted by the City to implement such goals,:= S
because such measures are no longer necessary to remedy the effects of past
discrimination. It is
FURTHER ORDERED that this Order replaces the 1977 Consent Decree with
respect to the public-service aide.and sworn classified positions i.e., police officer,
sergeant, lieutenant, and captain) in the City's Police Department. As to these
positions; this Court orders the following:
A. General Injunctive Relief
1. The City, its officials, agents, employees and all persons in active concert
or participation with them in performance of Police Department functions are
enjoined and restrained permanently from engaging in any act ,or practice that has
the purpose or effect of unlawfully discriminating, against any employee, or any
applicant or potential applicant for employment with,. -the Police Department because
i
of such individual's race, national origin,or sez.
1184
B. Goal
2. The goal of this Order is to prevent future hiring and promotional
discrimination in the City of Miami Police Department by ensuring that the City has
in place lawful selection devices for the public service aide and sworn classified
positions prior to termination of this Court's supervision as to those positions.
C. Development of Lawful Selection Procedures
3. The City shall continue the development of lawful selection procedures for
the screening and hiring of candidates for the job classifications of public service
aide, police officer, sergeant, lieutenant, and captain that either: (1) have no adverse
impact on the basis of race, national origin, or sex; or, (2) if they do*.have adverse
impact, are demonstrated to be job -related for the position at issue and shown to be
consistent with business necessity. in addition, -the City shall investigate and
implement alternative selection procedures with less adverse impact which serve the
City's needs. Before expiration of this Order the City shall have in place selection
procedures for the public service aide and sworn classified positions that can be
demonstrated to meet the above requirements.
4. Commencing four (4) months after the entry of this Order and every four
months until its expiration, the City shall submit a report to this Court, the United
States and amicUs Lawyers' Committee describing in detail the steps the City has
taken in the development of these new selection devices. In this report, the City
shall indicate: the progress made during the preceding four (4) months toward the
development of new selection procedures (including, but not limited to, a summary
of any analyses done by any experts and/or consultants); a summary of the analyses
to be completed in the next four (4) months toward the development of lawful
selection procedures; and the likelihood that the selection development requirements
and deadlines imposed by this Order will be met.
5. With respect to each selection device under the purview of this Order, the
United States' expert in test development shall be permitted to (a) review
14,844
examination development parameters, proposals received, and the selection of a
consultant for the development of the examination; and (b) review and approve the
work product, including raw data, at each stage of the development of the
examination before development proceeds to the next step.
6. All .material, related to test development, including copies of tests or
proposed tests,.test keys and test results shall be marked "confidential test material"
by the City prior to being forwarded to the, United States' testing expert. This
confidential test material shall not be disclosed by the United States' testing expert
to anyone other than counsel for the United States and counsel for the amicuA
Lawyers' Committee without the written permission of the City or an Order of 'this
Court: This paragraph does not increase or.limit the rights of any person other than
the United States or amicus Lawyers' Committee under the Florida Public Records
Law, Chapter 119 of the Florida Statutes. Such confidential test material shall not . :
be filed with the Court unless it is filed in. a sealed envelope `marked "confrdenfiat
testing material." Any material that is marked "confidential testing material" shall not
be disclosed by the clerk to the public without an Order from this Court.
7. The City shall provide assistance to applicants to prepare for both written
and physical performance tests and for oral interviews. The City shall also provide
sufficient information on test content at least three '(3) months in advance of the
expected examination date so that concemed organizations will have an opportunity
to develop and implement an. adequate training program. All information regarding
the City's test preparation program(s) shall be provided to the. United States and
amicus Lawyers' Committee for, review and approval prior to implementation of the
programs,' and the City shall consult with the United States and sl, micus Lawyers'
Committee regarding the success, of these ' programs. In addition, ' the City, shall
implement further test preparation programs) at the request of either the United
States or mi Lawyers' Committee, or by supplemental order of this Court.
11844
D. - Interim Hiring and Promotions
8. Between the date of entry of this Order and the date on which the Court
finds that the City has developed a selection procedure that meets the requirements
of federal law as set forth in Paragraph 3 of this Order, (hereinafter the "interim
period"), the City shall be permitted to select and appoint candidates for the positions
of public service aide, police officer, sergeant, lieutenant, and captain, provided that
such appointments comply with applicable law, including Title VII of the Civil Rights
Act of 1964, as amended, 42 U.S.C. §2000e, et M. If a component of a selection
procedure utilized for the above -referenced positions during the interim period
causes disparate impact on the basis of race, national origin, or sex, and the City
cannot demonstrate that it is job -related and consistent with business necessity, that
component of the selection procedure must be utilized in a manner that has no
adverse impact against individuals based on race, national origin, or sex. More
specifically, if the City cannot demonstrate that a component of the- selection'w_.
procedure utilized during thisinterim period is job -related and consistent with
business necessity, then the City shall make decisions such that the proportion of
each racial, ethnic, and gender group among all persons selected through the use
of that component reflects the proportion of each racial, ethnic and gender group
among all those who participated in that component of the selection process.
During this interim period, the City shall provide advance written notice to the
United States prior to the provisional or permanent appointment of any candidate to
the positions of public service aide, police officer, sergeant, lieutenant, or captain,
as discussed herein.
9. The City shall not, from the date this Order is entered, make any further
appointments from certification lists that have been created using the rule of eight.
With respect to the classified promotional ranks in the Police Department, it is
understood that Florida law requires the City to bargain collectively with duly certified
bargaining agents as to promotional procedures for public employees. Fla. Stat. §§
447.201, sea.; United States v. City of Hialeah, 140 F.3d 968, 983 (1101 Cir.
1998); United Statesv. Cily of.__,Miami, 664 F.2d 435, 446 (51' Cir. 1981). 11844
E., Recruitment
10. The City shall continue to develop and reassess its present affirmative
recruitment program designed .to inform. blacks, Hispanics, and women of job
opportunities for public service. aide and sworn classified positions in the Police
Department. The recruitment program shall include maintaining contacts with area
high schools, technical and vocational schools, colleges, and organizations that. have
traditionally expressed an interest in providing .information to minority and female
:applicants or that indicate such ' interest in. the future, and informing them of
employment .opportunities for City residents. In, addition, where appropriate,
advertising of employment opportunities shall be placed with radio stations and other
mass media primarily directed at black, ,Hispanic, and ferrule audiences for the
purpose of emphasizing to minorities and women the availability of employment
positions.
F. Record -Keeping
11.. The City shall continue to maintain during the life of this Order all records
necessary 'to support its implementation, :including, but not limited to, data relating
to test takers' race, ethnicity, gender, and raw test scores; written and physical agility
tests, oral interviews, and.other aspects.,of the selection procedures; and records
relating to the development of lawful selection procedures. These records shall be
provided to the United States, and amicus Lawyers' Committee in accordance with
this Order, as well as upon request.
12. Within twenty (20) days after obtaining the information referenced in this
paragraph relating to the administration of any written or physical agility -examination
3
or the completion of any -component of ' any , selection procedure for the Police
Department positions under the purview of this .Order, the City shall provide to the
United States, in a uniform reporting form to be agreed upon by the parties, in both
hard -copy and (if available) computer disk form, the following information:
(a) the number, names, race, national.origin., and sex of all individuals who,
took each such examination or component; . 11844
•
L_J
(b) the number, names, race, national origin, and sex of all individuals who
passed/failed each such examination or component, and each of the scores
assigned to each individual, including all raw scores; and
(c) the formulae and procedures used by the defendants to arrive at each
candidate's final score(s).
13. No more than fourteen (14) days after the establishment of any eligibility
register or certification list for the Police Department positions covered by this Order,
the City shall provide a copy of such eligibility register or certification list to the
United States.'
G. Disgute'Resolution
14. The parties shall attempt in good faith to resolve informally any dispute
which arises under this Decree. If the parties are unable expeditiously to resolve the
issue, any party may move the Court for resolution, provided that written notice is
first provided to the other parties.
x
1. in addition to Paragraphs 11 through 13 above, the United States has also sought to
include the following paragraph, to enable it to make a timely determination of whether the
appointment of positions covered by this order (public service aides, police officers, police
sergeants, police lieutenants and police captains) comply with Tale VI I:
Prior to the provisional or permanent appointment of any candidate to a position
covered by this Order during the life of this Order, the City shall provide written notice
to the United States of the number, names, race, national origin, and sex of all
individuals whom the City proposes to appoint to such position. The City shall provide
such advance notice to the United States so as to afford the United States an
opportunity to object to such appointments and for the parties to resolve the matter. or
submit the matter to the Court for resolution, prior to any such provisional or permanent
appointment. However, in any event this notice shall be provided to the United States
at least twenty (20) days prior to any such provisional or permanent appointment. .
The Court declines, however, to include this paragraph because, as the Defendant City
correctly argues, its provisions are unnecessary inasmuch as the basic nondiscrimination
requirements in the Consent Decree mirror those of Title Vil of the 1964 Civil Rights Act,
inasmuch as the City has had a 22-year record of compliance with those requirements and
inasmuch as no basis has been presented to. presuppose that the City would not comply
with Title VII during the life of this superseding order. Also, as noted by the City, not
even the original Consent Decree contained a provision as limiting on the City's ability to
hire or promote qualified employees as needed.' 11844
H.. Enforcement and. uration of Qrder
15. Periodically, at the request of any party or sua sponte by order of this
Court, this Court shall hold status conferences to monitor the City's progress toward
developing lawful selection procedures for the public service aide and sworn
classified positions in the Police Department.
16. This Court retains jurisdiction to enter any additional orders as may be
necessary.
17. This Order shall expire as to each of the positions under the Order's
purview when the Court is satisfied that.the City has in place a selection procedure
for that position that either has no adverse impact on the basis, of race, national -
origin, or gender, or can be demonstrated to be job -related and consistent-w th
business;necessity, and that there are no alternative selection procedures with less
adverse impact which would serve .the City's needs.
18. The City shall develop and implement selection procedures which meef;�==
the requirements set forth in Paragraph 18 by the following dates: public service j
aide (September 30, 1999); lieutenant (December 31, 1999); and police officer
(September 30, ,2000). In addition, the City shall submit information to the Court by
May 31,1999, dernonstrating that the recently -implemented selection devices forthe
positions of police sergeant and � captain meet the requirements set forth In
Paragraph 18.
19. Any party may seek, dissolution of this Order's application 'to a position
covered by the Order on the grounds that the City has in place a selection device for
that position which meets the requirements set forth in Paragraph 18.-
DONE AND ORDERED',in chambers in Miami, Miami -Dade County, Florida
this .. day of 11999.
t.B G s9 TH
United States District Judge'..
r 1-1844
Copies furnished to:
Benjamin Blustein, Esq. (Dept of Justice); Albertine B. Smith, Esq. (Asst City Atty),
Richard T. Seymour Esq., Robert D. Klausner, Teri Guttman Valdes, Esq.
E
11
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 11844
XXXXX
inthe................................................................................ Court,
,6Cs tblTf�d in yid 8egspaper in the issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that she has
neither paid nor promised any person, firm or corporation
any discounj rebate, commissi l d for the purpose
of securi this advertise r publ ation in the said
15 / dw6r toOandesNb�dbeforemethis
99
A.D. 19...... .
(SEAL)
-�e�
[�
*
JANETT LLERENA
Comlmsa(m Nums6A
Octelma V. Ferbeyre per
I t66me.
C C 5 6 6 0 0 4
MY GOMW*_%S" EXPIRES
7fFOF FLO;\ JUNE 23,2000
CITY OF MIAMI, FLORIDA-
LEGAL NOTICE
All interested persons will take notice that on the 12th•day of Octo-
ber, 1999,,the City Commission of Miami; Florida adopted the following
titled ordinances: .
ORDINANCE NO.11842
AN:...EMERGENCY.. ORDINANCE OF THE :,.MI.AMI. - CITY
NREVENUE.
COMMISSIO-ESTABLISHING A SPECIAL REVENUE
FUND -ENTITLED: -"WORKFORCE INVESTMENT.' ACT (WA)
PROGRAM (PY'99) .'APPROPRIATING FUNDS ; FOR ITS
OPERATION: IN THE ESTIMATED AMOUNT OF $857.390
CONSISTING•OF A..,GRANT FROM THE U. S::.DEPART
MENT OF LABOR, THROUGH THE.SOUTH:FLORIDA EM
.-PLOYMENT,AND TRAINING CONSORTIUM -:AUTHORIZING
THE CITY MANAGER TO ACCEPT-.SAID,GRANT, AND TO.,
EXECUTE. THE NECESSARY DOCUMENTS; IN A FORM
ACCEPTABLE...TO 'THE . CITY .ATTORNEY, : FOR. SAID
PURPOSE; -CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO. 11843
AN EMERGENCY ORDINANCE OF . THE MIAMI CITY
COMMISSION ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED: "REFUGEE EMPLOYMENT AND TRAIN-
ING (RET) PROGRAM (PY '99-2000)" APPROPRIATING
FUNDS FOR ITS OPERATION IN THE ESTIMATED
AMOUNT OF, $106,170 FROM THE FLORIDA DE-
PARTMENT OFCHILDREN AND FAMILIES THROUGH THE
OFFICE . , OF. - REFUGEE -. RESETTLEMENT, ' U.. S:
DEPARTMENT OF ' HEALTH AND HUMAN SERVICES,
AUTHORIZING -THE CITY MANAGER -TO ACCEPT' SAID =
GRANT; AND TO EXECUTE THE NECESSARY DOCU
MENTS, IN A FORM ACCEPTABLETO THE CITY_ ATTOR
NEY, FOR. SAID PURPOSE; CONTAINING A REPEALER I
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NQ'MA" _
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 40, ARTICLE III, OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED:
"PERSONNEUCIVIL.SERVICE RULE AND REGULATIONS",
TO COMPLY WITH THE MAY 4, 1999 COURT ORDER
ISSUED .BY THE UNITED- STATES, DISTRICT COURT,
SOUTHERN DISTRICT OF FLORIDA, RELATIVE TO THE
1977 CONSENT DECREE; BY AMENDING THE CITY OF
MIAMI CIVIL SERVICE RULES AND REGULATIONS AS
THEY PERTAIN TO THE MANNER OF CERTIFICATION OF
ELIGIBLE INDIVIDUALS FOR, PERSONNEL -
APPOINTMENT; MORE PARTICULARLY BY AMENDING
SECTION 40-88• BY DELETING SUBSECTION (e)• IN ITS,
ENTIRETY; ,CONTAINING A REPEALER PROVISION" AND
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE NO. 11845
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING SECTION 22-12 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, " AS. -AMENDED, THEREBY IN-
CREASING THE SOLID WASTE FEE FROM $216.ob TO `
$234.00 FOR FY 1999-2000, EFFECTIVE APRIL 1, 2000;
CONTAINING A REPEALER PROVISION AND A SEVER
ABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
Said ordinances may be inspected by the public at the Office of the
City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through
Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m.'
Wc, OF
Walter J. Foeman
City Clerk
o e
-
(#5300)
10/15 99-4-1015123M
Lij
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review Vk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE AMENDING CHAPTER
40, ARTICLE III, ETC.
in the....................XXXXX Court,
M ar s.nublired iq said pewspaper in the issues of
Aftiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami In said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of. advertisement; and afffant further says that she has
neither paid r promised any pe or corporation
any disco , r bate, corn i ' o refund r the purpose
of secu g this advertis f public ion in the said
news per.
.................................... ..� ..
SmMs�ubscribed before me �i
........day of............................................................. A.D. 19......
(SEAL)r
p;.FIr1AL NOTARY SEAR
Octelmar�onifiIWJtlRO*nllp (OR► IER
4CC545384
o P!tCO?AfA1SStON ExplftES
APR. 12-2nnn
CITY OF'MIAM1; FLORIDA
NOTICE OF PROPOSED ORDINANCES
Notice is hereby given that the City Commission of the City of. Mi-
ami, Florida, will consider the following ordinances on second and final
reading on October 12, 1.999, commencing at .10:00 a:m., in the City
Commission Chambers; 3500Pan American Drive, Miami,';Florida:
ORDINANCE NO.. /
AN ;ORDINANCE" OF THE MIAMI - CITY ,COMMISSID•
AMENDING CHAPTER 40, ARTICLE III, -OF THE CODE OF
THE CITY OF MIAMI; FLORIDA, AS. AMENDED, -ENTITLED:
"PERSON NEUCIVIL , SERVICE RULES . AND REGULA-
i'- TIONS",-TO COMPLY WITH THE.MAY 4, 1.999,000RTOR-
DER ISSUED BY THE UMTED-STATES•DISTRICT COURT,
SOUTHERN DISTRICT OF FLORIDA, RELATIVE TO THE. I
1977 CONSENT DECREE, _BY AMENDING'THE`.CITY OF
MIAMI CIVIL SERVICE RULES AND REGULATIONS. AS
THEY PERTAIN TO THE MANNER OF CERTIFICATION OF
ELIGIBLE --INDIVIDUALS FOR- PERSONNEL ,APPOINT-
MENT;, MORE PARTICULARLY 'BY AMENDING -SECTION
40-88 -BY DELETING SUBSECTION,,-(e) IN ITS ENTIRETY;
CONTAINING A REPEALER- PROVISION AND A SEV c#
ABILITY CLAUSE;'AND PROVIDING FOR AN EFFeCTI
DATE.
ORDINANCE NO. ,QQ__-41 "-
-'AN' ORDINANCE OF THE MIAMI CITY COMIVFi;ad i
AMENDING CHAPTER 50/ARTICLE V/DIVISION 3 , t3
CODE OF THE CITY OF MIAMI, FLORIDA,-AS AMSR I
ENTITLED- 'SHIPS, VESSELS AND WATERWA '_
MARINAS/COMMERCIAL VESSELS"; - TO ALLO
RENT `SIGHTSEEING :BOAT -DOCKAGE AGRE EI`Z G
HOLDERS OPERATING WITHIN .THE -,INSIDE BA
MIAMARINA TO .OPERATE A SECOND SIGHTSEEINZ
BOAT UNDER CERTAIN. CONDITIONS; MORE PARTICU-
LARLY BYAMENDING 'SECTION .50-310; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE i
AND PROVIDING FOR'AN EFFECTIVE DATE.
ORDINANCE NO.
AN ORDINANCE OF' THE MIAMI CITY COMMISSION
AMENDING SECTION 22-12 OF'THE CODEOF'THE CITY ` OF MIAMI, FLORIDA, AS AMENDED, THEREBY INCREAS-
ING THE SOLID WASTE FEE FROM $216.00 to $234.00 r
FOR FY 1999-2000, EFFECTIVE APRIL 1, 2000; CONTAIN-
ING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
Said proposed ordinances may -be, inspected by the public at the Of-
fice of the City 91lerk,-3500 Pan American Drive, Miami, Florida, Mon-
day through Friday, excluding holidays, between the hours of 8 a_.m.
and.5 p.m. .
All interested persons may appear at the meeting and may be heard
with. respectto the proposed ordinances. Should any.person desire to -
appeal any decisionofthe City Commission with respect to any matter
to be considered at this meeting, that person. Shall ensure'that a •ver-
batim record of the proceedings is made including all testimony and
evidence upon which any, appeal may be based.
0
WALTER J. FOEMAN
? CITY CLERK