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City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www,ci.miami.fl.us
File Number: 05-01082 Final Action Date:
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 40/ARTICLE III/SECTION 40-61, OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/CIVIL SERVICE
RULES AND REGULATIONS/DEFINITIONS," TO PROVIDE FOR COMPENSATION
DETERMINATIONS OF THE STAFF OF THE MAYOR AND CITY
COMMISSIONERS TO BE DETERMINED BY ACTIONS OF THE MAYOR AND
CITY COMMISSION; CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
BE 1T ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Chapter 40/ Article III/ Section 40-61, of the Code of the City of Miami, Florida,
as amended, entitled "Personnel/Civil Service Rules and Regulations/Definitions," is further
amended in the following particulars:{1}
"CHAPTER 40
PERSONNEL
* * *
*
ARTICLE III. CIVIL SERVICE RULES AND REGULATIONS
Sec. 40-61. Definitions.
For purposes of this article:
Unclassified service comprises those positions specified in section 36 of the city Charter, which
shall be interpreted in accordance with the following:
(1) The city manager's "assistants and secretarial staff' shall include all members of the city
manager's personal staff. Such positions also shall include assistants and secretarial staff positions
authorized in the city budget for the mayor and each members of the city commission, provided that
employees of such positions shall be nominated by the mayor or each commissioner, who shall
determine the salary, bonuses and tenure of their staff, as provided by law, subject to budget
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File Number: 05-01082
allocations by the City Commission and which employees shall be appointed by the city manager.
(2) The "heads of departments" shall include the directors of all departments, agencies and offices
created by the city Charter, city ordinance or city budget under the direction of the city manager.
(3) "Assistants to department heads" shall include not to exceed five positions in each city
department, agency or office as authorized by the city manager. Such positions shall be in addition to
those positions specified by title in section 36 of the city Charter.
(4) Positions funded under federal grant programs shall be unclassified only when the director of the
personnel management department determines that it is not feasible to select employees for such
positions in accordance with the selection requirements of these rules.
Personnel with permanent civil service rights appointed to unclassified positions shall retain and
continue to accrue civil service rights in the classified position from which the appointment was made.
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict
with the provisions of this Ordinance are 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. This Ordinance is declared to be an emergency measure on the grounds of urgent
public need for the preservation of peace, health, safety, and property of the City of Miami.
Section 6. The requirement of reading this Ordinance on two separate days is dispensed with
by an affirmative vote of not less than four -fifths (4/5ths) of the members of the Commission.
Section 7. This Ordinance shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS
JO. FERNANDEZ
CIT A TORNEY
Footnotes:
{1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
{2) This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
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