HomeMy WebLinkAboutO-09348ORDINANCE NO,t* 9348
AN ORDINANCE AMENDING SECTION 2-281. OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GOVERN
ING THE QUALIFICATIONS OF MEMBERS OF THE CITY AF-
FIRMATIVE ACTION ADVISORY BOARD BY ADDING THERETO
A NEW SUBSECTION (a) WHICH REQUIRES RESIDENCY
WITHIN THE CITY FOR BOARD MEMBERS TO SERVE ON
SAID BOARD EXCEPT FOR THOSE MEMBERS SELECTED BY
BARGAINING REPRESENTATIVES OF CITY EMPLOYEES,
AND BY RE -LETTERING EXISTING SUBSECTIONS (a) AND
(b) RESPECTIVELY; FURTHER AMENDING SECTION 2-285
OF SAID CODE, AS AMENDED, RELATING TO THE HEARING
AND REVIEW OF GRIEVANCES AND COMPLAINTS CONCERNING
ALLEGED DISCRIMINATION IN CITY EMPLOYMENT POLICIES
AND PRACTICES BY ELIMINATING THE OPTIONAL PROCEDURE
WHICH HAD PROVIDED THAT SAID AFFIRMATIVE ACTION
ADVISORY BOARD WAS EMPOWERED TO GRANT A HEARING ON
(2/3) MAJORITY OF THOSE BOARD MEMBERS PRESENT AND
VOTING; CONTAINING A REPEALER PROVISION AND A SEVER -
ABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT
OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE
COMMISSION.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. (a) Section 2-281 of the Code of the City of Miami,
Florida, as amended, is hereby amended by adding the following
subsection as new subsection (a) thereof:
"(a) Residency. With the exception of those board members
selected by certified bargaining representatives of city employees,
all board members shall be residents of the city in order to serve
on the board."
(b) Existing subsections (a) and (b) of said section 2-281
are hereby re -lettered to read (b) and (c), respectively.
Section 2. Section 2-285 of the Code of the City of PZiami,
Florida, as amended, is hereby amended to read as follows:
"Section 2-285. Hearing and review of
discrimination complaints.
The board may hear or review grievances concerning
alleged discrimination in employment policies and
practices of the city when a specific grievance or
complaint is referred by the affirmative action
supervisor to the board.
Following such referral by the Affirmative Action
Office, the board may appoint a committee or a
single hearing officer to hear these complaints and
to report findings and make recommendations to the
full board."
0 16
Section 3. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
ordinance are hereby repealed.
Section 4. If any section, part of section, paragraph, clause,
phrase, or word of this ordinance is declared invalid, the remaining
provisions of this ordinance shall not be affected.
Section 5. The requirements of reading this ordinance on two
separate days is hereby dispensed with by a vote of not less than
four -fifths of the members of the Commission.
PASSED AND ADOPTED this 12th day of November , 1981.
Maurice A. Ferre
H A Y 0 R
ATTEST:
RALPjW G. ONGIE, CITY CL
PREPARED AND APPROVED:
i..
ROBERT F. CLARK '
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
GEORG F F. KNOX;"JR.
CITY ATORNEY
IV 34
c
. C .Y OF MIAMI,
O&OR COUNTY, PLONIOA
MIAMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Marine
e Publisher tuver. who On oath says that h
nt to
isher of the Miami Review and Daily Record, ae is the a
hdaily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
City of Miami
Notice - Nov. 12, 1981
Re: ORDINANCE NO. 9348
in the ... ...X X Court,
was published In said newspaper in the issues of
Nov. 19, 1981
Affiant further says that the said Miami Review and Daily
Record is a newspaper published at Miami in said Dade County,
Florida. and that the said newspaper has heretofore been
continuously published in said Dade County, Florida. each day
(except Saturday, Sunday and Legal Holidays) and has been
entered as second class mail matter at the post office in
Miami in said Dade County, Florida. for a period of one year
next preceding the first publication of the attached copY of
advertisement and affiant further says that she has neither
paid nor promised any person. firm or corporation any discount.
pose of
advertisement) lorpublication inssion or refund rthe esaid r newspaper.
this
Sworn to and subscribed before me this
81
19th Nov. A.0;19..... .
day of . .
Betty Brooks
v AOtary Public. State oi,Fiorida at Large
(SEAL)
My Commission expireb:
MR 116 t f�
�f
LtOAL NOTICE
All Interested will take notice that on the 12th day of Noveffiber,
1981, the City Cornhiisslon of Miami, Florida adopted the t8llbwlno'
titled ordinances:
ORDINANCE NO.9339
AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION
18.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY PROVIDING FOR AN INCREASE IN THE FEE
FOR THE SECOND BURIAL IN A DOUBLE,DEPTH GRAVE
AFTER 3:00 P.M., WHICH INCREASE WAS OMITTED, DUE TO
A SCRIVENER'S ERROR, FROM A PREVIOUS AMENDATORY
ORDINANCE (ORDINANCE No. 9329, ADOPTED SEPTEMBER
24, 1981) WHICH ESTABLISHED A NEW SCHEDULE OF FEES
FOR OPENING AND CLOSING GRAVES AT THE CITY -OWNED
CEMETERY; CONTAINING A REPEALER PROVISION AND A
SEVERABIL'ITY CLAUSE; DISPENSING WITH THE
REQUIREMENT OF READING SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR•FIFTHS OF
THE MEMBERS OF THE COMMISSION,
ORDINANCE NO. 9340
AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT
EXCEEDING $100,000,000 MULTIFAMILY HOUSING REVENUE
BONDS OF THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE
OF PROVIDING HOUSING IN THE CITY OF MIAMI FOR
FAMILIES AND PERSONS, INCLUDING THE ELDERLY, OF
LOW AND MODERATE INCOME; AUTHORIZING USE OF
PROCEEDS OF THE GENERAL OBLIGATION HOUSING BONDS
OF THE CITY OF MIAMI AUTHORIZED BY ORDINANCE NO.
8514 TO ASSIST DADE COUNTY IN ACQUIRING LAND AND
PAY RELOCATION AND OTHER EXPENSES IN CONNECTION
WITH SUCH HOUSING; AUTHORIZING THE INSTITUTION
OF VALIDATION PROCEEDINGS; PROVIDING THAT THIS
ORDINANCE SHALL GO INTO EFFECT IMMEDIATELY UPON
ITS PASSAGE; AND DECLARING AN EMERGENCY AND
DISPENSING WITH THE READING OF THIS ORDINANCE
ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE COMMISSION.
ORDINANCE NO, 9341
AN ORDINANCE AMENDING SECTION 18.71, ENTITLED
"COMPLIANCE WITH ARTICLE", OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY DELETING
THEREFROM AN OBSOLETE REFERENCE TO THE WATER
AND SEWERS DEPARTMENT IN SAID SECTION AND BY
PROVIDING THEREIN FOR THE ESTABLISHMENT OF A
MINORITY VENDOR PROCUREMENT PROGRAM TO ACHIEVE
A GOAL OF EXPENDING ONE -FIFTH OF THE TOTAL MONIES
USED IN OBTAINING CITY GOODS AND SERVICES IN THE
PROCUREMENT OF GOODS AND SERVICES FROM BLACK
AND HISPANIC MINORITY VENDORS; CONTAINING
DEFINITIONS, OBJECTIVES; SETTING FORTH MEASURES
IMPLEMENTING THE PROGRAM AND DESIGNATING THOSE
CITY OFFICIALS AND OFFICERS RESPONSIBLE FOR SUCH
IMPLEMENTATION; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE AND DISPENSING WITH
THE REQUIREMENTOF READING SAMEON TWOSEPARATE
DAYS.
ORDINANCE NO.9342
AN ORDINANCE AMENDING SECTION 53.151 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH
PERTAINS TO PROCEDURES AND USE CHARGES AT THE
MUNICIPAL AUDITORIUM AND COCONUT GROVE EXHIBITION
CENTER BY INCREASING CERTAIN SPECIFIED FEES l
DETERMINED BY THE TYPE OF EVENT BEING HELD;
CONTAINING A REPEALER PROVISION AND A SEVERABIUTY
CLAUSE AND DISPENSING WITH THE REQUIREMENT OF
READING SAME ON TWO SEPARATE DAYS BY A VOTE OF
NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE
COMMISSION,
ORDINANCE NO, 9343
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY
GRANT APPROPRIATIONS ORDINANCE, AS AMENDED; BY
ESTABLISHING FOUR (4) NEW TRUST AND AGENCY FUNDS
ENTITLED: "JUVENILE RUNAWAY PROJECT 3RD YEAR'; "AREA
WIDE CRIME PREVENTION PROJECT"; "MINORITY
RECRUITMENT PROJECT"; AND "CRIMES AGAINST THE
ELDERLY PROGRAM'; APPROPRIATING FUNDS FOR THE
OPERATION OF SAID TRUST AND AGENCY FUNDS IN THE
AMOUNTS OF $111,523; $243,003; $330,955; AND $22,000,
RESPECTIVELY, FOR A TOTAL OF $707,481; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
DISPENSING WITH THE REQUIREMENT OF READING $AME
ON TWO SEPARATE DAYS BY,A VOTE OF NOT.LESS THAN
FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION.
.a bMIJINANCENth:OS44 ,p
AN ORDINANCE AMENDING SECTft t 0 MINAK
NO, 6145. ABORTED MARCH 19, 1W. AS AMENDED, WHl
MECHANICAL (INCLUDING BOILER AND ELEVATOR)
INSPECTIONS, PERMIT AND CERTIFICATE FEES, BY
INCREASING FEES AND CLARIFYING CERTAIN ITEMS IN
SAID SECTION S TO COVER THE COST OF HIRING
ADDITIONAL INSPECTORS NEEDED DUE TO THE INCREASE
IN BUILDING CONSTRU(,ftION ACTIVITY AND THE INCREASE
IN OPERATIONAL COST °PRIMARILY FOR THE ENFORCEMENT
OF THE SOUTH FLORIDA BUILDING CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE AND
DISPENSING WITH THE REQUIREMENT OF READING SAME.
ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION.
ORDINANCE NO.9345
AN ORDINANCE AMENDING SUBSECTIONS _(AXI), (2), (3)
AND (4) OF SECTION 2-75 ENTITLED "ZONING CERTIFICATE
OF USE REQUIRED; ANNUAL REINSPECTION OF BUILDINGS
AND PREMISES; FEES FOR INSPECTIONS AND ISSUANCE
OF CERTIFICATES" AND SECTION 2.76 ENTITLED: "FEE
FOR INSPECTIONS AND EXAMINATIONS OF PLANS FOR
COMPLIANCE WITH THE PROVISIONS OF THE
COMPREHENSIVE ZONING ORDINANCE" OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
INCREASING SAID FEES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE AND DISPENSING
WITH THE REQUIREMENT OF READING SAME ON TWO
SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -
FIFTHS OF THE MEMBERS OF THE COMMISSION.
ORDINANCE NO. 9346
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY
GRANT APPROPRIATIONS ORDINANCE, AS AMENDED, BY
INCREASING THE TRUST AND AGENCY FUND ENTITLED
"PARK AND RECREATION PLANNING GRANT", AND
APPROPRIATING FUNDS FOR THE PURPOSE OF SAME IN
THE AMOUNT OF $15,000 TO A TOTAL OF $50,000, WITH
FUNDS RECEIVED FROM THE U.S. DEPARTMENT OF THE
INTERIOR, URBAN PARKS AND RECREATION RECOVERY
PROGRAM; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE, AND DISPENSING WITH THE
REQUIREMENT OF READING SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF
THE MEMBERS OF THE COMMISSION.
ORDINANCE NO.9347
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 9267, ADOPTED MAY 15, 1981, AS AMENDED BY
ORDINANCE NO. 9298, ADOPTED JULY 23, 1981, WHICH
ESTABLISHED A TRUST AND AGENCY FUND ENTITLED:
"CABLE TELEVISION"; BY INCREASING THE APPROPRIATION
FOR SAID FUND IN THE AMOUNT OF $200,000, FROM
REVENUE TO BE RECEIVED FROM THE CABLE LICENSEE
IN THE FORM OF LICENSE PROCESSING FEES; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND DISPENSING WITH THE REQUIREMENT OF READING
SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS
THAN FOUR -FIFTHS OF THE MEMBERS OF THE
COMMISSION.
ORDINANCE NO, 9348
AN ORDINANCE AMENDING SECTION 2.281 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GOVERNING
THE QUALIFICATIONS OF MEMBERS OF THE CITY
AFFIRMATIVE ACTION ADVISORY BOARD BY ADDING
THERETO A NEW SUBSECTION (a) WHICH REQUIRES
RESIDENCY WITHIN THE CITY FOR BOARD MEMBERS TO
SERVE ON SAID BOARD EXCEPT FOR THOSE MEMBERS
SELECTED BY BARGAINING REPRESENTATIVES OF CITY
EMPLOYEES, AND BY RE -LETTERING EXISTING
SUBSECTIONS (a) AND (b) RESPECTIVELY; FURTHER
AMENDING SECTION 2-285 OF SAID CODE, AS AMENDED,
RELATING TO THE HEARING AND REVIEW OF GRIEVANCES
AND COMPLAINTS CONCERNING ALLEGED DISCRIMINATION
IN CITY EMPLOYMENT POLICIES AND PRACTICES BY
ELIMINATING THE OPTIONAL PROCEDURE WHICH HAD
PROVIDED THAT SAID AFFIRMATIVE ACTION ADVISORY
BOARD WAS EMPOWERED TO GRANT A HEARING ON (2h)
MAJORITY OF THOSE BOARD MEMBERS PRESENT AND
VOTING; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND DISPENSING WITH THE
REQUIREMENT OF NOT LESS THAN FOUR -FIFTHS OF THE
MEMBERS OF THE COMMISSION,
ORDINANCE NO.9349
AN ORDINANCE ESTABLISHING A NEW TRUST AND AGENCY
ACCOUNT ENTITLED "MIAMI BUSINESS REPORT 1982",
AND APPROPRIATING FUNDS FOR THE OPERATION OF
THE SAME IN THE AMOUNT OF $10,000; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE AND
DISPENSING WITH THE REQUIREMENT OF READING SAME
ON TWO SEPARATE DAYS SY A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION.
OF i
�3 RALPH :G. ONGIE
a "Alit 'j CITY CLERK
09O ,a Re `QP CITY OF MIAMI, FLORIDA
Cp F Q'
Publicp0pn of this Notice on the 19 day of November 1901.
11119 M$1?111145,
CItY br MIAMI. IrLbIlIbA
JNtrzR,0F=F1CP Mr=.1v10PANbUM
To: Howard V. Gary
City Manager
,� Y/f
roam: 1Zobert D. Krause, Director i''
Department of Human Resources
.bAttr September 14, 1931 PII.t:
SUBJECT: Ammendment of 61 f Subsection 2
in ordinance No. 9139
(Affirmative Action Advisory Boai
(For Commission Action)
REFERENCESi
ENCLOSURES:
Attached, is a proposed Ordinance ammending the
procedures whereby the Affirmative Action Advisory
Board may hear or review grievances and complaints
concerning alledged discrimination in employment
policies and practices of the City.
Ordinance 9139 grants the Affirmative Action Advisory Board the poorer
to hear or review grievances concerning alledged discrimination in em-
ployment policies and practices if 1) a specific grievance or complaint -
is referred by the Affirmative Action Supervisor to the Board, or 2)
the Board decides by a two --thirds majority of those members present
and voting to grant a hearing on a specific complaint or grievance.
The Board may appoint a committee of a singly: hearing officer to hear
these complaints and to report findings and make recommendations to
the full Board.
For the first time in its five year history, option 2 was exercised by
the Board recently when a grievance was presented by employees of the
Planning Department. The Board decided by a unanimous vote to direct
the City's Affirmative Action Supervisor to iniciate the investigation.
As a result, it is evident that this procedure impedes the effective
resolution of the grievance.
The Affirmative Action Supervisor reports to the Board who subsequently
presents the findings and recommendations to the City Commission. Those
individuals ultimately responsible for resolving the matter are excluded.
There is no mechanism in this process for immediate resolution of the
grievance. Consequently, this results in a delay and duplication of
effort.
The internal grievance procedure established by the Affirmative Action
Plan, Section 11 should be exhausted before these.cases are referred to
the Board for further consideration.
I am proposing that option 2 of subsection 2 of Ordinance 9139 be eli-
minated to require that all employee grievances be processed according
to the p_scedure established by the Affirmative Action Plan, Section 11.
:In the event the grievance has not been resolved in a satisfactory
manner through Administrative channels the grievance will be referred by
the Director of Human Resources to the Affirmative Action Advisory Board
or its Hearing Committee.,
1
CITY OF MIAMI, FLORIbA
INTCF2-OFFICt M1=M0tRAN0UM
7O Howard V. Gary DATE October 5, 1081 fr'Lti
City Manager
SUBJECT: Request for Work Evaluation
Funds - Darryl Pennel
FROM Robert D. Krause REFERENCES:
Director
Department of Human Resources ENCLOSURES:
The Civil Service Board decided on behalf of Darryl Pennel that he
be recalled from layoff and placed in a Laborer I. position in the
Department of Stadiums and Marinas.
A condition of his reemployment was a work evaluation by the staff
at JMH. The work evaluation would ensure that the physical. require-
ments of the job be compat1ble with Mr. Pennel's abilities.
We requested that the cost of $525.00 (87.50 X G days) be provided
through the self insurance trust fund. The Finance Department has
informed me that Mr. Pennel is not eligible, as this fund is re-
stricted to conditions which are incurred on the job.
Ile are required by federal regulations to provide certain accomoda-
tions for the handicapped. Considering the potential workmen's
compensation liability, I think it is appropriate to cover the cost
of the evaluation out of the self insurance trust fund. Mr. Pennel
is scheduled for orientation on October 13, and we must provide a
payment authorization at that time.
If approved, I will handle the details with the Finance Department.
11-MD ; me
Approved
Disapproved
It 9K348
Iioward Gary
City Manager
Robert.D. Krause r
Director
Department of Human Resources
October 2t 1981
Changes in Ordinance Amending
Sections 2-281 and 2-285 of the
City Code
Attached is a proposed ordinance amending
sections 2-281 and 2-285 of the City Code
to effect changes in the Affirmative Ac-
tion Advisory Board. This ammends my
memo of September 14, copy attached.
These two changes involve: (1) Residence of Board members; and (2)
processing discrimination complaints. At the September 26 meeting,
the Commission adopted a motion establishing residency qualifica-
tions for board members. The motion was adopted unanimously and
was made effective "immediately". An Ordinance is required to com-
pletely effectuate the policy of the City Commission. The second
change in the ordinance involves the procedure for processing
discrimination complaints as discussed in my memo of September 14,
The Law Department has prepared the attached Ordinance amending
section 2-281 and 2-285 of the Code to reflect both changes. In
accordance with administrative policy, I am submitting the attached
Ordinance for consideration by the City Commission.
RDK:HMD:mc
cc: George F . Kno:; , J r .
City Attorney
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