HomeMy WebLinkAboutMemo RegaladoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Commissioner To P. Regalado
FROM: JorgeL. Fernande orne
g �� � y
DATE: March 22, 2000�
RE: Amendment to Response dated March 15, 2006 regarding Request
of Removal Pursuant to Code Section 2.617
You have asked for a detailed explanation of the procedure to be followed for
implementation of Section 2-617 of the City Code of the City of Miami (Code), which section
states "Any elective or appointive officer or employee violating sections 2-615 and 2-616 shall be
removed from office in accordance with the law."
Section 2-615 of the Code states, inter alia, that certain city officials must submit to the
city clerk, a complete itemized list of all real property owned, whether the title is legal or equitable,
whether owned in whole or in part, including ownership of corporate real property in which the
official has a controlling interest or is an officer of the corporation, which list is to include
particular information about each parcel of land. Section 2-616 says the statement must be
resubmitted annually.
After determination that Sections 2-615 and 2-616 have been violated, the official is to be
removed from office. The removal occurs only when the person or entity with authority to remove
proceeds to do so. Depending on which city official' has violated the sections, the procedure for
removal would be the same as that procedure used for removal in any circumstance as set out in
applicable law. In the case of the City Manager, for instance, removal would occur pursuant to the
City Charter, that is, by affirmative action of the Mayor or by four/fifths vote of the City
Commission,2 or by the Governor of Florida, pursuant to Fla. Stat. § 112.513 using the procedures
set forth by statute.
Please advise me if you require further explanation.
The officials covered in Section 2-615 of the City code include Mayor; City commissioners; City attorney; City clerk;
City manager; Civil service board; Retirement plan board; Retirement system board; Director of administration for
planning and zoning boards; Members of planning advisory board; Members of zoning board; Members of the nuisance
abatement board; Executive director of downtown development authority; Director of off-street parking department;
Executive secretary of civil service board; Fire chief; Chief of police; Downtown development authority; Off-street
parking board; Directors of all departments.
2 Section 4(g) (6) of the Charter of the City of Miami states: "The mayor may remove the city manager subject to the
city commission's conducting a hearing within 10 days of said removal and the city commission's overriding the mayor's
action by a four -fifths vote of those city commissioners then in office. Additionally, the city commission by a four -fifths
vote of those city commissioners then in office shall be able to remove the city manager".
3 Fla. Stat §112.51 Municipal officers; suspension; removal from office.- (1) By executive order stating the
grounds for the suspension and filed with the Secretary of State, the Governor may suspend from office any
elected or appointed municipal official for malfeasance, misfeasance, neglect of duty, habitual drunkenness,
incompetence, or permanent inability to perform official duties.
Doc. No.: 35593
OG - DD 413 S- —s•4w
cc: Mayor and Members of the City Commission
Joe Arriola, City Manager
Priscilla A. Thompson, City Clerk
SUBMITTED INTO THE
PUBLIC RECORD FOR
TEM3 ON ;13.4.
Doc. No.: 35593