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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or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed.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 0 i