HomeMy WebLinkAboutR-84-1215Y
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RESOLUTION NO.84--1215
A RESOLUTION REMOVING HOWARD V. GARY FROM
THE POSITION OF CITY MANAGER, SETTING
FORTH REASONS FOR THE REMOVAL; PROVIDING
FOR AN EFFECTIVE DATE. AND CONTAINING A
REPEALER PROVISION.
WHEREAS, under the provisions of Section 15 of the City
Charter, the individual appointed to serve as the City's
chief administrative officer or "City Manager" holds office
at the will of the City Commission and may be removed by an
affirmative vote of a majority of the Commission members;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. Because of an unacceptable management
style, proper implementation of City Commission policy as
explicitly required under Section 16 of the City Charter has
been hampered; further, due to improper and/or lack of
communication from HOWARD V. GARY in his capacity as City
Manager to some and/or all members of the City Commission,
HOWARD V. GARY is hereby removed from his position as City
Manager effective 30 days after the date hereof unless steps
are taken by the City Manager in accordance with the
provisions of the Charter. 1
PASSED AND ADOPTED this 6th day of November-9 1984.
Maurice A. Ferre
M A Y 0 R
'::
VALPH
T:
G. ONGIE, CITY CLERW-
.1
PREPARED AND APPROVED Y:me 0
J
. C
ROffERT F. CLARK, DEPUTY CITY ATTOR
PRIff
APPROVED AS/TO
.
AND/ CORRECTNESS:
CITY CO$ pgI N
MEETING OF
NOV
This resolution repeals any prior resolution in conflict herewith,
i
CITY C3F MIAMi. PL+ItiDA
INFER -OFFICE MEMORANCIUM
To: Honorable o
of the
FROM: Lucia A. Uoughe
City Attorney
Members DATE: October 310 1984 F,LCR44-1211
on A-84-27 7
SUBJECT: Removal of City Manager
REFERENCES October 25t 1984 Commission
Meeting
ENCLOSURES: 1
Following the Meeting of October 259 1984, we forwarded a
resolution to the City Clerk reflecting our perception of the
action taken by the City Commission in regard to the removal
of the City Manager. By way of explanation, at said
Commission Meeting while the reasons for removal of the City
Manager were being stated in the record and I was
memorializing same, Mr. Gary indicated to me that the charge
"lack of communication" was sufficiently specific for him
to respond; the resolution, therefore, did not expressly
contain any reference to management style.
Upon receipt and review of the Mayor's comments concerning
the October 25, 1984 City Commission Meeting, we now advise
you that the content of Section 1 of the resolution we
forwarded should have also included the City Commission's
announced disagreement with management style; accordingly, we
have prepared and are attaching the appropriate resolution
containing that element.
Since the attached form of the resolution was not in
existence on the date it was passed, there could be a
challenge by Mr. Gary that the City Commission must formally
adopt the resolution in its present form and the waiting
period will not commence until such adoption. As your
counsel, I can advise you that the courts would not give
great weight to such an argument. However, this challenge
could be foreclosed by adoption of a formalizing resolution.
As the matter now stands, the attached resolution properly
reflects the action taken by the Commission on October 25,
1984 and should be substituted for Resolution No. 84-1211.
By copy of this memorandum we are advising the City Clerk to
note his records accordingly. If there is to be any change
in the reasons, there would have to be another resolution
adopted with an additional 30 day waiting period before the
removal could become effective.
41
LAD/RFC/rr
cc: City Manager
City Clerk
84-121i
IS
CITY OF MIAM1.48N11911
INTER -OFFICE M(EM01ftA NUM
To. Honorable Members of the City Commission DATE:
Maurice A. Ferr6
FROM: mayor '4 I
SUBJECT:
REFERENCES:
ENCLOSURES:
November 5, 1984 FILE,
Special City Commission meeting
November 6, 1984
This memorandum supersedes my memorandum to you of this morning.
I, Maurice A. Ferr6, ds duly elected Mayor of the City of Miami, Florida,
pursuant to and consistent with the provisions of Subsection (g) of Section 49
Section 15, and Subsection (a) of Section 15 of the City Charter, as well as
the provisions of rule nine of Section 2-13 of the City Code, do hereby call
a special meeting of the Commission of the City of Miami, Florida, to be held
at 10:00 a.m. on November 6, 1984, in the chambers of the City Commission at
City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida, for the
consideration of City business in a matter of public import; namely, the
removal of Howard V. Gary as City Manager of the City of Miami, Florida.
MAF.amn
cc: City Manager
City Attorney
City Clerk
CItY Or MIAM1, O ORIDA
INTER -OFFICE MEiiAOi'tAfVCIU
To. Honorable Members of the City Commission
FROM:Maurice A. Ferre
Mayor
DATE: November 5, 1984 ME%
SUBJECT: Special City Commission
Meeting
REFERENCES:
ENCLOSURES:
J.
Under the powers granted me as Mayor of the City of Miami, under the
City Charter, I am calling a Special Meeting of the Commission on Tuesday,
November 6, 1984, at 10:00 AM, to further specify the charges in the dis-
missal of the City Manager as specifically designated under Chapter 16 of
the City Charter.
This is not a public hearing. There may be a public hearing in the
future if the Manager so requests. I do not anticipate that this meeting
will take more than 15 minutes.
MAF:jfg
cc: City Manager _-
City Attorney.
City Clerk !/