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November 16, 1984
Jesse J. McCrary, Jr., Esq.
McCrary & Valentine, P.A.
3050 Biscayne Boulevard
Suite 800
Miami, Florida 33137-4198
LUCI.A A. DOUGHERTY
Cit% Attorne%
This will acknowledge receipt of a copy of your letter of
November 14, 1984 to Mayor Ferre and members of the City
Commission.
As the City Attorney representing the City, I am advising the
City Commission, by a copy hereof, that the exercise of the
Charter authority to remove Mr. Gary does not constitute, in
law, a "trial". Further, there is no legal basis or
judicial argument for the proposition that Mr. Gary's reply
can be characterized as an "appeal". Moreover, there is no
legal obstacle or impediment to the City Commission itself
conducting the public hearing, pursuant to the Charter. In
fact, the City Commission is precluded from delegating this
responsibility to another body by the City Charter which
provides "....after full consideration, the commission, by a
majority vote of its members may adopt a final resolution of
removal."
Due process of law in these circumstances is afforded by the
City Commission's passing a preliminary resolution, allowing
Mr. Gary to reply in writing, to request a public hearing,
and to participate in such public hearing pursuant to the
provisions set forth in the resolution which was delivered to
your office yesterday and which have been confirmed by
Mayor Ferre as being the procedures that will be followed in
this matter.
Very truly yours,
Lucia A. Dougherty
City Attorney
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OFFICE OF THE CITY ATTORNEY / 169 E. flaglef Street / Miami, Florida 33131 t305► 579-6700
cc: Mayor Maurice A. Ferre
Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Howard V. Gary, City Manager
Ralph G. Ongie, City Clerk
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