HomeMy WebLinkAboutO-11356J-96-209
3/12/96 11356
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE XIII OF
CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, CONCERNING THE STANDARDS
FOR CREATION AND REVIEW OF BOARDS GENERALLY,
TO PROVIDE THAT ALL MEMBERS OF CITY BOARDS
WHO RECEIVE REMUNERATION FROM THE CITY SHALL,
BEFORE ENTERING UPON THE DUTIES OF OFFICE,
TAKE AND SUBSCRIBE TO AN OATH OR AFFIRMATION,
TO BE FILED AND KEPT IN THE OFFICE OF THE
CITY CLERK, THAT HE OR SHE WILL SUPPORT,
PROTECT AND DEFEND THE CONSTITUTION AND LAWS
OF THE UNITED STATES AND OF THE STATE OF
FLORIDA; MORE PARTICULARLY, BY ADDING NEW
SECTION 2-437 TO SAID CODE; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 876.05, F.S.(1995) requires all persons who
are on the payroll of the state, counties, cities and other
subdivisions of the state, to take an oath, in the form
prescribed in said Statute, before any person duly authorized to
take acknowledgments of instruments for public records in the
state; and
WHEREAS, the members of certain City Boards receive
remuneration for their services, pursuant to certain provisions
of the City Code; and
WHEREAS, Article XIII of Chapter 2 of the Code of the City
of Miami, Florida, as amended, provides the Standards for
Creation and Review of Boards; and
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WHEREAS, amendments are required for said Standards for
Creation and Review of Boards to provide that all members of City
Boards who receive remuneration from the City must comply with
the oath requirement of Section 876.05, F.S.(1995);
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. New Section 2-437 is hereby added to
Chapter 2, Article XIII, of the Code of the City of Miami,
Florida, as amended, to read as follows:
"Chapter 2
ADMINISTRATION
ARTICLE XIII. STANDARDS FOR CREATION
AND REVIEW OF BOARDS GENERALLY
Sec. 2-437. Oath of Office.
All members of city boards who receive
remuneration from the city shall, before entering upon
the duties of office, take and subscribe to an oath or
affirmation, to be filed and kept in the office of the
city clerk, that he or she will support, protect and
defend the constitution and laws of the United States
of America and of the State of Florida."
Section 3. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
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11356
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 [6th day of
March 1996.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th day of April 1996.
iiiA&C,494offoo
§TEMIEN P. CLARK, MAYOR
ATTEST:
WALTER OEMAN
CITY CLERK
PREPARED AND APPROVED BY:
IRMA M. ABELLA
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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11356
WALTER J. FOEMAN
City Clerk
Alyce A. Whitson, Esq.
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Ms. Whitson:
01.1,t#g a f ffl -1 a M I
A V OF"�
0
yO�c0.,FVJ��
May 24, 1996
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
11352 11353 11356 11361
Please, would you have the typographical error corrected on 1547 (aa) Rubbish,
seventh line 'offices"
If I can be of any further assistance, please do not hesitate to call.
Very truly OUR,
��t,L,QI 11-11-r
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Valerie Pu yaps
Deputy Clerk
Enc. a/s
CESAR H. ODIC)
City Manager
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
(fit#g f ,t�rmt
WALTER J. FOEMAN
City Clerk
May 24, 1996
Office of the State Attorney
Attention: Rosemary Ricotta
1350 N.W. 12th Avenue
Miami, FL 33136-2111
Dear Ms. Ricotta:
CESAR H. ODIC)
City Manager
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
11352 11353 11356 11361
Please acknowledge receipt of same by affixing your signature to the enclosed copy of
this letter and return it to this office for our files.
Thank you.
Very truly yours,
Walter J. Foeman
City Clerk
BY:
Deputy fifer c �T—
RECEIVED BY:
DATE:
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
OIL, -1 t la of 'ffliamt
WALTER J. FOEMAN
City Clerk
May 24, 1996
Mr. Louis Tomeo
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mr. Tomeo:
CESAR H. ODIC)
City Manager
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
11352 11353 11356 11361
Please acknowledge receipt of same by affixing your signature to the enclosed copy of
this letter and return it to this office for our files.
Thank you.
Very truly yours,
Walter J. Foeman
City Clerk
BY:LU S �-I t-"
Deputy Clerk
RECEIVED BY:
DATE:
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233A305) 250-5360/FAX: (305) 858-1610
TO
FROM
Honorable Mayor and Members
of the City Commission
gAJo e III
C
RECOMMENDATION
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
42
J-96-209
DATE : March 12, 1996 FILE: A-96-129
SUBJECT: Ordinance Establishing Oath Requirement
for Members of City Boards who Receive
Remuneration from the City
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the proposed amendment to
Chapter 2, Article XIII of the Code of the City of Miami establishing a requirement that all
members of City boards who receive remuneration from the City take an oath before entering
upon the duties of office.
BACKGROUND
The proposed ordinance amends the Code of the City of Miami to implement Section 876.05,
F. S.(1995), which requires those members of City boards who receive remuneration from the City
for the performance of their duties as board members, to take an oath in the form prescribed in the
Statute.
Section 876.05, F.S. (1995) provides as follows:
Public employees; oath
(1) All persons who now or hereafter are employed by or who now or hereafter
are on the payroll of the state, or any of its departments and agencies, subdivisions,
counties, cities, school boards and districts of the free public school system of the
state or counties, or institutions of higher learning, and all candidates for public
office, are required to take an oath before any person duly authorized to take
acknowledgments of instruments for public record in the state in the following
form:
I ....... a citizen of the state of Florida and of the United States of America, and
being employed by or an officer of. ....... and a recipient of public funds as such
employee or officer, do hereby solemnly swear or affirm that I will support the
Constitution of the United States and of the State of Florida.
(2) Said oath shall be filed with the records of the governing official or employing
governmental agency prior to the approval of any voucher for the payment of
salary, expenses, or other compensation.
cc Cesar H. Odio, City Manager
Walter J. Foeman, City Clerk
1MA:0ATHREQ 1. DOC
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