HomeMy WebLinkAboutCC 2013-06-13 Veto LegislationCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Honorable Members of
the City Commission
FROM :
1Tod L Hannon
Ci Cle k
DATE:
SUBJECT:
REFERENCES:
ENCLOSURES: (1)
May 24, 2013
Vetoed Legislation passed on
May 23, 2013 Commission
Meeting
FILE :
Pursuant to Code Section 2-36, the City Clerk is directed to place any item(s) vetoed by
the Mayor, together with veto forms (including Mayor's veto and veto message), on the
next regularly scheduled or Special Commission meeting agenda as the first substantive
item(s) for Commission consideration. This office is in receipt of a mayoral veto,
(received on Friday, May 24, 2013, at 1:14 p.m.), of an action taken by the Commission
in connection with the following item:
ORDINANCE 13381, PASSED ON THE MAY 23, 2013 CITY
COMMISSION MEETING, AMENDING CHAPTER 40, ARTICLE IV,
DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "PERSONNEL/PENSION AND
RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES'
AND SANITATION EMPLOYEES' RETIREMENT TRUST", MORE
PARTICULARLY BY AMENDING SECTION 40-255(M), TO
EXCLUDE THE APPOINTED CHARTER POSITIONS OF CITY
MANAGER, CITY ATTORNEY, INDEPENDENT AUDITOR
GENERAL, AND CITY CLERK FROM PENSION FORFEITURE
PROVISIONS; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
In closing, this issue has been forwarded to you, in order that the Commission either
adopt the override of the aforementioned mayoral veto (by 4/5ths of all of the
Commissioners present), or otherwise the mayoral veto shall be deemed sustained.
If you have any questions regarding the mayoral veto, please do not hesitate to call.
NE
C: Honorable Mayor Tomas Regalado
Johnny Martinez, City Manager
Julie O. Bru, City Attorney
Elvi Gallastegui, Agenda Coordinator
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO :
FROM :
Honorable Members of
The City Commission
Tomas Regalado
Mayor
DATE : May 24, 2013
SUBJECT : Veto Message — SR.1
REFERENCES:
ENCLOSURES:
FILE
Pursuant to the authority vested in me under the provisions of Section 4(g)(5) of the Charter of
Miami, Florida, I hereby veto ordinance SR.1 adopted May 23, 2013 by a 3 to 2 vote at the City
Commission meeting. Although I believe that while the reasoning and intent underlying this
legislation is reasonable, on its face the ordinance as adopted is flawed and unfair as to the
treatment of other City of Miami employees. Furthermore, it sets bad public policy in its narrow
application to exclude the appointed charter positions of City Manager, City Attorney,
Independent Auditor General and City Clerk from pension forfeiture provisions and
reemployment of retirees.
Tomas Regalado
Mayor
Cc: Todd Hannon, City Clerk
Johnny Martinez, City Manager
Julie O. Bru, City Attorney
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