HomeMy WebLinkAboutCC 1984-10-31 Discussion Item (3)13 CItY OF MIAMI, FLO1116l
INTER -OFFICE MEMORANDUM
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To: Lucia A. Dougherty, City AttoTne , i r..�, October 29, 1984 ttL6t
Ralph G. Ongie, City Clerk -
Maurice A. Perr6
m M: Mayor
SUBJECT:
REFERENCES:
ENCLOSURES:
Resolution #84-1211
Removal of City Manager
Howard V. Gary
I have received a copy of Resolution #84-1211 in reference to the removal of
Howard V. Gary from the position of City Manager.
I realize the noise level was high, but this Resolution does not represent the
action taken by Commissioner Carollo and seconded by me; and further does not
reflect the legislative intent of the majority of the Commission at the time the
action was taken.
To reconstruct, the record will reflect that the original motion made by Com-
missioner Carollo specifically dealt with the Commission's not agreeing with the
management style of Howard Gary. I seconded the motion. City Attorney Lucia
Allen Dougherty then, on the record, stated that the Resolution needed to be more
specific, whereupon it was expanded to include the lack of communication from
Howard Gary with some members of the Commission.
The proper resolution, therefore, that was passed included both of these issues
which is not reflected in Resolution #84-1211 and should be so corrected.
As you know, in Section 16 of the Charter of the City of Miami, describing the
powers and duties of the City Manager, it states: (a) To see that the laws and
ordinances are enforced; (b) To appoint and remove ------ all directors of depart-
ments and all subordinate officers and employees------; all appointments to be made
upon merit and fitness alone------; (f) To keep the Commission fully advised as
to the financial condition and needs of the City; and (g) To perform such other
duties as may be prescribed by this Charter or be required of him by ordinance or
resolution of the Commission.
Besides correcting the Resolution so that it will follow the legislative intent,
let me further explain on the record, as seconder of the motion, that it was my
clear intention that when we talk about management style and improper communications,
the latter was in reference to only some members of the Commission; in my opinion
the majority, namely Commissioners Carollo, Pgrez and myself, although there are
cases where the full Commission may -not have been fully or properly kept advised of
the needs of the City.
The issue of management style speaks to the will of the majority of the Commission.
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M�RAND(IM .
Lucia A. Dougherty, City Attorney
Ralph G. Ongie; City Clerk =
October 29, 1984
Page 2
During our telephone conversation, I asked you as to the timing of the Resolution.
and since you stated that the corrective Resolution, to be in compliance with the
law, must be adopted by the City Commission, I am therefore instructing you to
prepare this for presentation at the Commission meeting of Wednesday, October 31,
1984, at 3:00 pm. We will take this issue up first before Bayside, hopefully for
a simple vote of reaffirmation.
Should anyone question my legal right, would you, in writing once again, send
copies or confirm the legal opinion of John Lloyd and George Knox that state that
the Mayor can call a special Commission meeting for any matter of public import
and the five-day rule is not applicable to that call.
F
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MAF.amn Maurice A. Ferr6
Mayor
cc: Hon. Commissioners
H.V. Gary, City Manager
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.,
STATE OF FLORIDA )
COUNTY OF DADE )
CITY OF MIAMI )
I, RALPH G. ONGIE, City Clerk of the City of Miami,
Florida, do hereby certify that the attached and foregoing pages
numbered 1 to 31, inclusive, contain true and correct excerpts of
the Minutes of a Meeting of the City Commission of Miami, Flori-
da, held on the 31st day of October, 1984.
WITNESS my hand and the official Seal of the City of
Miami, Florida, this 17th day of January, 1985.
(Official Seal)
RALPH G. ONGIE
CITY CLERK
MIAMI, FLORIDA