HomeMy WebLinkAboutR-23-0244City of Miami
Resolution R-23-0244
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Legislation
File Number: 14008
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/25/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO APPROVE THE CITY OF MIAMI ("CITY") POLICE
DEPARTMENT'S ("MPD") JUSTIFICATION TO ABOLISH ONE (1) POLICE
CAPTAIN POSITION TO CREATE AND FILL ONE (1) POLICE LIEUTENANT
POSITION EFFECTIVE JUNE 25, 2022, IN COMPLIANCE WITH SECTION
295.09, FLORIDA STATUTES, AND PURSUANT TO RESOLUTION NO. R-21-
0402 ADOPTED SEPTEMBER 23, 2021 TOGETHER WITH RESOLUTION NO.
R-21-0408 ADOPTED OCTOBER 1, 2021; AUTHORIZING THE CITY
MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND,
AND APPROPRIATE THE FISCAL YEAR 2022-2023 OPERATING BUDGET,
FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR
CAPITAL PLAN REGARDING CITY SERVICES AND RESOURCES AS
NECESSARY, LEGALLY ALLOWED, AND APPLICABLE IN ORDER TO AUDIT
AND CREATE SAID POSITIONS FOR THE DEPARTMENT; RATIFYING,
APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE
CITY MANAGER AND DESIGNATED CITY DEPARTMENTS TO UPDATE THE
RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING
ENTRIES, AND COMPUTER SYSTEMS; PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, on September 23, 2021, the City Commission adopted Resolution No. R-
21-0402 approving the General Fund Budget for the City of Miami ("City") for the Fiscal Year
beginning October 1, 2021, and ending September 30, 2022 ("Fiscal Year 2021-22") in the
amount of $877,301,000 and the total Budget for all non -capital funds in the amount of
$1,368,052,000 (collectively, "Adopted Budget"); and
WHEREAS, on October 1, 2021, pursuant to Resolution No. R-21-0408, the City
Commission modified and amended the City's Adopted Budget and the Capital Plan for Fiscal
Year 2021-22 as follows: (i) notwithstanding the language in Resolution No. R-21-0402,
including but not limited to the language in Section 16 of Resolution No. R-21-0402, in order for
the creation of or change in temporary or permanent positions in the Miami Police Department
("MPD") to be effective, the City Commission must first confirm the creation or modification of
such Positions by an affirmative vote and (ii) requiring that notwithstanding anything in
Resolution No. R-21-0402 or the Capital Plan to the contrary, an affirmative vote of the City
Commission is required prior to any and all movements of monies that are different from the line
item -budgets' approved amounts as adopted on September 13, 2021 for the Capital Plan and
as adopted on September 23, 2021 for Resolution No. R-21-0402; and
WHEREAS, pursuant to the referenced directives, MPD seeks approval to abolish one
(1) police captain position to create and fill one (1) police lieutenant position for a service -
member that has returned from military leave; and
City of Miami Page 1 of 3 File ID: 14008 (Revision:) Printed On: 6/5/2023
File ID: 14008 Enactment Number: R-23-0244
WHEREAS, section 295.09, Florida Statutes, states that a political subdivision shall
reemploy or reinstate such person to the same position that he or she held prior to such service
in the armed forces, or to an equivalent position, provided such person returns to the position
within one (1) year of his or her date of separation or, in cases of extended active duty, within
one (1) year of the date of discharge or separation subsequent to the extension"; and
WHEREAS, the City has a responsibility to fill this position in accordance with state and
federal laws to correct a recent eligibility list resulting from an examination for promotion; and
WHEREAS, it is in the best interests of the City to authorize the City Manager to make
any and all necessary changes to adjust, amend, and appropriate the City's Operating Budget,
Five -Year Financial Plan, Strategic Plan, and Capital Plan regarding City services and
resources as necessary and legally allowed; and
WHEREAS, it is also in the best interests of the City to ratify, approve, and confirm
certain necessary actions of the City Manager and designated City departments to update the
relevant financial controls, project close-outs, accounting entries, and computer systems;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized' to approve MPD's justification to abolish one
(1) police captain position to create and fill one (1) police lieutenant's position effective June 25,
2022, in compliance with section 295.09, Florida Statutes, and pursuant to Resolution No. R-21-
0402 adopted September 23, 2021, together with Resolution No. R-21-0408 adopted October 1,
2021.
Section 3. The City Manager is authorized' to make any necessary changes to adjust,
amend, and appropriate to the Fiscal Year 2022-23 operating budget, five-year financial plan,
strategic plan, and multi -year capital plan regarding city services and resources as necessary,
legally allowed, and applicable.
Section 4. The City Manager, and the designated City departments, are authorized' to
update the relevant financial controls, project close-outs, accounting entries, and computer
systems are hereby ratified, approved, and confirmed.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions, and Resolution No. 21-0408.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it is passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 3 File ID: 14008 (Revision:) Printed on: 6/5/2023
File ID: 14008
Enactment Number: R-23-0244
APPROVED AS TO FORM AND CORRECTNESS:
1
Vft6ria-Vrdel, City Attor iey 5/16/2023
City of Miami Page 3 of 3 File ID: 14008 (Revision:) Printed on: 61512023