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Home My WebLink AboutAgenda Item Summary Form.� AGENDA ITEM SUMMARY FORM File ID: #14008 Date: 05/15/2023 Requesting Department: Department of Police Commission Meeting Date: 05/25/2023 Sponsored By: District Impacted: All Type: Resolution Subject: Approve Justification -Abolish Captain Position Purpose of Item: Justification to Create and Fill Police Lieutenant Position Background of Item: Justification to Create and Fill Police Lieutenant Position Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: $0.00 Reviewed By Department of Police Jorge Blanco Department of Police Manuel Morales Office of Management and Budget Luis Hernandez -Torres Office of Management and Budget Marie Gouin Legislative Division Valentin J Alvarez City Manager's Office Arthur Noriega V Office of the City Attorney Juan Carlos Perez Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Initial Police Review Completed Department Head Review Completed Budget Analyst Review Completed Budget Review Completed Legislative Division Review Completed City Manager Review Completed ACA Review Completed Approved Form and Correctness Completed Meeting Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 05/15/2023 10:59 AM 05/15/2023 1:51 PM 05/16/2023 8:55 AM 05/16/2023 11:31 AM 05/16/2023 1:48 PM 05/16/2023 3:01 PM 05/16/2023 3:11 PM 05/16/2023 4:14 PM 05/25/2023 9:00 AM 05/31/2023 4:06 PM 05/31/2023 4:13 PM 06/05/2023 11:28 AM of .�f City of Miami CityHall * iM°nr °°°TE° * 11 °° Legislation 3500 Pan American Drive g Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-23-0244 File Number: 14008 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 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 APPROVED AS TO FORM AND CORRECTNESS: 1 Una ndez, City Httvr iey 5/1612023 ' 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. Z 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.