HomeMy WebLinkAboutR-24-0139City of Miami
Resolution R-24-0139
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15846 Final Action Date: 4/11/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING
RESOLUTION NO. R-24-0018, ADOPTED JANUARY 11, 2024, IN ITS
ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF A NEW RESOLUTION
APPOINTING JOHN A. GRECO AS INTERIM CITY ATTORNEY, EFFECTIVE
MONDAY, APRIL 22, 2024 UNTIL A PERMANENT CITY ATTORNEY IS
APPOINTED BY THE CITY COMMISSION PURSUANT TO THE SELECTION
AND APPOINTMENT PROCESS PROVIDED HEREIN; APPOINTING GEORGE
K. WYSONG III AS ACTING CITY ATTORNEY FROM APRIL 11, 2024, UNTIL
APRIL 22, 2024; DIRECTING THAT VICTORIA MENDEZ BE KEPT ON STAFF
AT THE OFFICE OF THE CITY ATTORNEY UNTIL JUNE 11, 2024, TO ASSIST
WITH THE TRANSITION FOR THE NEW CITY ATTORNEY TO BE
APPOINTED BY THE CITY COMMISSION; SETTING FORTH
COMPENSATION AND EMOLUMENTS; FURTHER RE-ESTABLISHING A
SELECTION COMMITTEE TASKED WITH THE COMPREHENSIVE
EVALUATION AND INTERVIEW OF PROSPECTIVE CANDIDATES FOR THE
POSITION OF CITY ATTORNEY; PROVIDING THE SELECTION
COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION,
MEMBERSHIP APPOINTMENT QUALIFICATIONS, AND REQUIREMENTS
FOR MEMBERSHIP; PROVIDING FOR OFFICERS, MEETINGS, QUORUM,
LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, PUBLIC
NOTICE, AND SUNSET; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
SPONSOR(S): Commissioner Damian Pardo
WHEREAS, pursuant to Section 4(e) of the Charter of the City of Miami, Florida, as
amended ("City Charter"), the City Commission is obligated to elect and appoint a City Attorney;
and
WHEREAS, pursuant to Resolution No. 13-0361 adopted September 12, 2013, the City
Commission elected and appointed Victoria Mendez ("Mendez") as the City Attorney; and
WHEREAS, Section 21 of the City Charter requires the City Attorney to be reappointed
after each general municipal election; and
WHEREAS, on January 11, 2024, the City Commission adopted Resolution No. R-24-
0018, to extend the contractual agreement with Victoria Mendez as the City Attorney of the City
of Miami for a period of five (5) months ; and
WHEREAS, the City Commission now desires to rescind Resolution No. R-24-0018 and
end the term of the current City Attorney and appoint an Interim City Attorney with the same
compensation and emoluments; and
City of Miami Page 1 of 4 File ID: 15846 (Revision: A) Printed On: 5/9/2024
File ID: 15846 Enactment Number: R-24-0139
WHEREAS, the City Commission desires to maintain the selection committee that was
tasked with evaluating and interviewing prospective candidates for the position of City Attorney;
and
WHEREAS, Chapter 2, Article XI, Division 2, Section 2-883 of the Code of the City of
Miami, Florida, as amended ("City Code"), allows for the creation of new boards by either
Ordinance or Resolution; and
WHEREAS, the number, qualifications, responsibilities, and manner of appointment of
the Selection Committee members are set forth in this Resolution; and
WHEREAS, the City Commission finds it is in the best interests of the City that this
Resolution be adopted;
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. Resolution No. R-24-0018, adopted January 11, 2024, is rescinded in its
entirety.
Section 3. The City Commission hereby appoints John A. Greco as Interim City Attorney,
with said appointment to be effective on Monday, April 22, 2024, who shall receive the same
compensation and emoluments as the previous City Attorney, until such time as a permanent
City Attorney is selected and elected, after which he will reassume the duties of Chief -Deputy
City Attorney. Thereafter, he shall not be terminated from the position of Chief -Deputy City
Attorney before January 15, 2025. Upon such rollback to Chief -Deputy City Attorney he will be
entitled to the maximum amount of severance pay in accordance with Section 215.425(4)(a),
Florida Statutes, upon separation. Effective April 11, 2024, until April 22, 2024, George K.
Wysong III shall serve as Acting City Attorney. Victoria Mendez shall be retained on staff at the
Office of the City Attorney until June 11, 2024, to assist with the transition for the new City
Attorney to be appointed by the City Commission on April 25, 2024.
Section 4. The City Commission hereby re-establishes the Selection Committee
consisting of the five (5) voting members previously appointed to the Selection Committee
created pursuant to Resolution No. R-24-0018. The City Commission directs the Selection
Committee to make its best efforts to provide its recommendation to the City Commission before
the April 25, 2024 City Commission meeting.
Section 5. Composition, Appointment, and Qualifications.
a. Each District Commissioner shall each be afforded one (1) appointment.
b. The five (5) members shall be members in good standing with the Florida Bar and
demonstrate expertise in governmental law, and have a minimum of ten (10) years of
practical experience.
Section 6. Purpose; Attendance; Vacancies.
The purpose, powers, and duties of the Selection Committee are as follows:
a. The Selection Committee will meet periodically but at least monthly beginning as soon
as enough members are appointed to constitute a quorum. The will meet at publicly
noticed meetings complying with Florida's Sunshine Law, Chapter 286, Florida Statutes,
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File ID: 15846 Enactment Number: R-24-0139
and, acting by and through its Chairperson, will deliver its recommendations to the City
Commission.
b. At the conclusion of the City Commission's consideration of the Selection Committee's
written recommendations, the responsibilities of the Selection Committee shall be
deemed completed and the Selection Committee will automatically sunset.
c. It is expected that the appointed members of the Selection Committee attend each
meeting. Attendance requirements and removal from the Selection Committee shall be
pursuant to Section 2-886 of the City Code.
d. Vacancies on the Selection Committee shall be filled pursuant to Section 2-885(a)(3)
of the City Code.
Section 7. Officers.
At the initial meeting, the members of the Selection Committee shall select and
designate a Chairperson and Vice -Chairperson from among the members of the Selection
Committee who shall serve at the pleasure of the Selection Committee.
Section 8. Meetings and Quorum.
All meetings of the Selection Committee shall be noticed and open to the public and
three (3) members, then appointed, shall constitute a quorum for the purpose of convening any
meeting. An affirmative vote of a majority of the members present and voting at any meeting is
required for any action to be taken by the Selection Committee.
Section 9. Rules of Procedure; Roberts Rules of Order.
The Selection Committee may adopt its own order of business and rules of procedure
governing its meetings and take actions on matters within its jurisdiction not inconsistent with
the provisions set forth herein, which rules of procedure shall be filed with the City Clerk. If no
such rules of procedure are expressly adopted, the Selection Committee shall use Robert's
Rules of Order without the necessity of other action. Robert's Rules of Order will govern in the
event the adopted rules of procedure are silent on an issue. The Selection Committee shall
comply with all requirements of Chapters 119 (Public Records) and 286 (Sunshine Law), Florida
Statutes. The minutes of each meeting shall be promptly made available and such records shall
be open to public inspection. Copies of minutes of all Selection Committee meetings shall be
furnished to the Mayor, City Commissioners, City Attorney, and City Manager.
Section 10. Legal Counsel.
The City Attorney's Office shall serve as legal counsel to the Selection Committee and
shall provide legal advice on all matters considered by the Selection Committee. The City
Attorney or designee shall provide legal support to the Selection Committee and attend all
Selection Committee meetings.
Section 11. Assignment of Staff.
It shall be the duty of the City Manager to provide full cooperation and sufficient
personnel for necessary administrative support to the Selection Committee, including, but not
limited to, the designation of the Selection Committee's liaison. It shall be the duty of the
Selection Committee `s liaison to keep minutes or cause said minutes to be taken at all
meetings, maintain Selection Committee correspondence, post meeting notices with the City
Clerk, file reports, and perform all other necessary support functions.
Section 12. Sunset.
This Selection Committee will automatically sunset once its recommendations have
been delivered through the Selection Committee's Chairperson to the City Commission.
City of Miami Page 3 of 4 File ID: 15846 (Revision: A) Printed on: 5/9/2024
File ID: 15846 Enactment Number: R-24-0139
Section 13. The City Commission desires to expeditiously identify a qualified permanent
replacement for the City Attorney, no later than Thursday, April 25, 2024.
Section 14. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
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g III C y for y 4/29/2024
City of Miami Page 4 of 4 File ID: 15846 (Revision: A) Printed on: 5/9/2024