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HomeMy WebLinkAboutR-88-0132r"\ J-88-106 1/21/88 RESOLUTION NO. !98-132 A RESOLUTION APPOINTING JESSE DINER TO THE BOARD OF TRUSTEES OF THE CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST AS PROVIDED FOR BY CITY CODE SECTION 40-202(A)(1)(d) FOR A SPECIFIED TERM OF OFFICE. WHEREAS, an appointment needs to be made to the City of Miami Fire Fighters' and Police Officers' Retirement Trust Board of Trustees for a term of office specified herein; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The following individual is hereby appointed as a member of the City of Miami Fire Fighters' and Police Officers' Retirement Trust Board of Trustees to serve a full term of office expiring September 30, 1989: JESSE DINER Section 2. The above appointment is made pursuant to City Code Section 40-202(A)(1)(d). PASSED AND ADOPTED this 1Rth day Of FPhrnar 1988. /e!:�- - _s XAVIER L. SUAR" MA ATa:La..." MATtY HIRAI CITY CLERK PREPARED AND APPROVED BY: APPR FORM AND ROBERT F. CLARK ERTY CHIEF DEPUTY CITY ATTORNEY RFC:bss:M613 CITY COMMISSION MEETING OF FEB 18 1988 RESOLUTION No.� V CITY OF MIAMI, FLORIDA 23 INTER -OFFICE MEMORANDUM TO. Cesar R.^ o, City Manager Atta Anr lio Perez-Lugones FROM: Lycia A. u�gherty City Attorney DATE: f'1LE: January 21, 1987 J-88-108 SUBJECT: City Commission Agenda February 18, 1988 REFERENCES: ENCLOSURES: (2 ) On December 2, 1987, we forwarded the attached memorandum in connection with the proposed appointment of Jesse Diner, the duly designated representative from the Fraternal Order of Police, Lodge #20 (FOP), to the Retirement System. This item had appeared on the November 13, 1987 Commission Meeting, (reconvened on November 19, 1987, Item #68) and was apparently confused with a Motion appointing an independent public member (Motion 87-1034).• Pursuant to City Code Section 40-202A(1)(d), this latter appointment is to be made from a list of six persons submitted by the International Association of Fire Fighters, AFL- CIO, Local NO. 587 (IAFF). Substantive and procedural requirements in connection with this subsequent Motion have delayed its formalization. Accordingly, we have only prepared for adoption at this time the attached resolution appointing Jesse Diner to the Retirement System. LAD:RFC:bss:P492 co: Elena Rodriguez, Pension Adm3,uistrator Donald Teems, IAFF Representative l9S-132 CITY OF MIAM1. FLORIDA INTER -OFFICE MEMORANDUM -o NattAffira1y Clerk Aowman Luoi City Attorney DATE: FILE: December R, 1987 Sub1ECT November 13th City Commission Meeting (reconvened on 11/19/87) REFERENCES: ENCLOSURES; (1) In connection with Agenda Item #64 of the subject Meeting (Appointment to fill vacancies on Heritage Conservation Board), our review of Paragraph 2 of City Code Section 82-71 confirms that compliance with the provisions of that Paragraph is mandatory. It is suggested that you secure the qualifications in writing of the two individuals involved (Silvio Diaz and Raul Rodriguez), comply with the Code provisions, and have the City Manager place the matter of these Board appoiatmeata on the nezt Commission Meeting "Agenda for reconsideration. The Commission may then adopt a resolution identical in form to the Resolution adopted an November 19th (Resolution No. 87-1032). With respect to the formalization of Motion No. 97-1034 appearing on the Rough Draft of the "City Clerk Reports" for the subject Meeting, Agenda Item 066,'Commission consideration of the FOP selected representative's, reappointment to the City of Miami Firefighters' and PoliOe Officers' Retirement Trust Board, appears to have been confused with the CommiSeiOn's informal designation by Motion 87-1034 of a representative of the IAFF to serve on said Board (hose Gordon). Item 468 on the subject Meeting Agenda provided for only one Board appointment: the FOP incumbent independent member's reappointment (Jesse Diner). Although not on the Agenda, there was another pending Board appointment: an independent public member for a full term ezpiring September 30, 1989 (which appointment is normally made from an IAFF list of siz persons). The predecessor member who had filled this position (former Fire Chief Don Hickman) died before the term ezpired September 30, 1987. Presumably, Motion 87-1034 was adopted by the City Commission at the request of the IAFF and with the support and/or recommendation of the City Hanger: however, no action was taken on the FOP appointment (Agenda -Item #66). .9- l98-132 4w, 1%, Fatty Hirai City Clerk December-2. 19ST Page 2 Consequently, we are forwarding for Agenda placement the attached draft of a resolution which will be approved by us: (a) upon receipt of written documentation from the IAFF ref looting its position that it does not care to submit a list of six nominees. and (b)- upon receipt of a written irrevocable resignation by Mrs. Gordon from her present office of Trustee on the City of Miami General Employees and Sanitation Employees' Retirement Trust Board. The latter condition (b) is mandated by the Florida Constitution prohibition against dual offioe-holding (Article II. section 8(a)). Both of these appointments (Jesse Diner and Rose Gordon) would then be appropriate for consideration by the City Commission since they are in keeping with the past practice of the City Commission's waiver of the City Code requirement that a list of siz (6) persons be submitted Seach of the employee groups (FOP and IA"). Code ection 40-202(A)(1)(d). Elena Rodriguez, Pension Administrator is receiving a copy hereof so that she may secure the needed documentation as indicated above. LAD:RFC:bss:P473 co: Cesar H. Odio. City Manager Attn: Aurelio Perez-Lugones, Legislative Administrator Elena Rodriguez, Pension Administrator W i 88-132