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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci,miami.fl.us
File Number: 05-00045 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS
(4I5THS) AFFIRMATIVE VOTE, AFTER A PUBLIC HEARING, PURSUANT TO
SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE'), WAIVING THE CONFLICT OF INTEREST
PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, TO ENABLE
CHARLES C. MAYS TO ENTER INTO AN AGREEMENT TO TRANSACT
BUSINESS WITH AND FOR THE CITY AND APPEAR BEFORE THE CITY
COMMISSION RELATED TO CIVILIAN INVESTIGATIVE PANEL MATTERS.
WHEREAS, Charles C. Mays was employed as an Assistant City Attorney of the City of Miami
("City") for a period of nineteen (19) years with a separation date of January 14, 2005; and
WHEREAS, Mr. Mays' responsibilities included, among others, all aspects of civil litigation
including Constitutional law, statutory and common law claims involving the City; and
WHEREAS, Mr. Mays is a licensed attorney in the State of Florida with a broad base of experience
in municipal matters including police investigative techniques and procedures; and
WHEREAS, Mr. Mays was selected as the Independent Counsel to the Civilian Investigative Panel
("CIP") from a group of highly qualified applicants, pursuant to provisions as set forth in Section 11.5-
34 of the Code of the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, the nature and extent of the City's commitment to the CIP would benefit from Mr.
Mays' expertise; and
WHEREAS, Section 2-612 of the City Code prohibits a City employee from working for the City or
an agency acting on behalf of the City for a period of two years after termination of employment; and
WHEREAS, Section 2-614 of the City Code allows the City Commission to waive such prohibitions
if a contract is in the best interest of the City;
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 prohibitions contained in Sections 2-612 and 2-614 of the City Code, are waived by
a four -fifths (4/5ths) affirmative vote of the members of the City Commission, after a public hearing, as
such prohibitions pertain to Charles C. Mays, former Assistant City Attorney of the City of Miami,
Florida.
City of Miami Page 1 of 2 Printed On: 1/27/2005
File Number: 05-00045
Section 3. The waiver set forth in Section 2 hereof is based upon the following findings:
(a) Charles C. Mays terminated his employment with the City of Miami on January 14, 2005;
(b) Charles C. Mays' services are in the best interest of the City of Miami;
(c) Charles C. Mays is the best person qualified for the position of Independent Counsel to the CIP.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1)
APPROVED AS TO FORM AND CORRECTNESS: t.,`
ORGE L. FERNAi�EZ
/ CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was 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 1 of 2 Printed On: 1/27/2005