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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #15846 Resolution Sponsored by: Commissioner Damian Pardo 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. City of Miami Legislation Resolution Enactment Number: R-24-0139 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. 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 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, 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. 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: Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.