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HomeMy WebLinkAboutO-082081U-15- 7 3 ORDINANCE NO, 8208 :U7 PRW7S3ING AN amaciovEz's DT_ S CI PT.T i:-C 'r V-T70 i IN THE L. VE1' THE C I'tf 2 A. AGEZ u aLi NOT HAVE T\iC=.`i ACTION TO SUST:I;:t, OR 2`.CDI?Y ACTION CT _' EE7AR= DIRECTOR NOT LATER THAN 60 D'ZS :1 ER THE RECEIPT 3Y THE CI` Y .:A`;AGER OF T`_. ..EPO?T 02 F ''7 NGS O: .:.E __ -. T L 3 ER -. "_3 _. A D T 7'; CITY :,LxnAcza WILL ^N-D WRITTEN REPORT TO CITY C.nMESSION SE "'_'_NG FORTH THE REASO`IS FOR T:L. DELAY. REPEALING ALL ORDINANCES, S :CTTONS, OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT CO`i'i AI Z;I NG A SEVERA3ILI TY PROVISION. {AREAS, it is the desire of the City Commi:isian r' insure that disciplinary proceedings involving employees of the City of Miami be processed expeditiously; and viliEREAs, Charter of the City of Miami has provided for an appeal of the disciplinary action of .a Department Director to the Civil Service Board; and ^, c e Charter a specifies t h e time r which .Y,rt�Rc:,.�S , the Ch31't r Jp C � �.L' 3 1. t 1. .l♦ �'i% C:'] J'..Z.. h appeal shall be presented, and tha time in which such appeal shall be heard by the Civil Service Board; and WHEREAS, the Charter specifies that the City Lanager shall receive a report from the Civil Service Board of its findings and recomr.endations in the appeal and shall then sustain, reverse, or modify the action of tha Department Director, and WHEREAS, no time in which ch the City Manager must ..m pounce hiz action is specified; NOW, Ti- RE,FOR ., BE IT ORDAINED F3Y THE COMMISSION OF Ti{E CITY Or MIAMI, FLORIDA: -1- Suction 1. '.'.iat ih n 4er r.ot have completed hiJ aL: tion L J L. SC; S . _ ..'i - ..; , or .:.)d_. . Lh. action of tha n�-'.p:?r :-.;^,wn _? .0 '.' :1:. 60 ; o!. C' :f__...:�'. by the Cit`�) l•Ianager of the repo_ o Lh2 d a A1_minat`.Io 03.� Civil Service Board of an apeai of a disciplinary matter i1e�i by an employee of the City of :,1 _ arai , the Citv a'.iagar report in writing to the Commission of the City of i'liarni , Y the reason for the delay. Should the delay continue thereat tE,L , the Manager shall file a supplemental report, setting forth the reasons for the continuing delay on each loth day followi;v , during which he shall have failed to take the final action required. Section 2. All ordinances, codesections of parts thereof in conflict herewith, insofar as they are in conflict, are hereby` repealed. Section 3. If any section, sentence, clause, phrase or :•iord of this Ordinance is for any: reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this Ordinance; and iL sna11 be construed to have been the intent of the Commission: o. Lhz City of Miami to pass this Ordinance ithout such unconstitutional, invalid, or inoperative part therein; and the remainder of this Ordinance, after the exclusion of such part or parts shall be deemed and held to be valid as if such parts had not been included herein. PASSED on first reading by title only this 19th day of October,1973. PASSED AND ADOPTED on second and final reading by title only this 21st day of.November,1973. MAURICE A FERRE HDSOUTHERN MAYOR CITY CLERK i LEGAL NOTICE 1 MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally ap- peared Martha Drobnia. who on oath says that she is the V.P., Legal Acts of the Miami Review and Daily Record, a daily (except Saturday, Su;iday and Legal Holidays) ne:tspaper, published at Miami In Dade County, Flortua; that the attached copy of adver• tisement, being a Legal Advertisement or Notice In the matter of City of Miami, Florida Re: Adoption of Ordinance No. 8208 in the XXX Court. was published in said newspaper In the i;;ucb ct November 29, 1973 Affiant further says that the said Miami Review and Daily Rccoid is a newspaper published at Miami, in said Dadv County, Florida. and that the s'rd new: paper has heretofore been continuously published In said Dade County. Florida, cal h day (except Saturday. Sunday and Legal Holidays) and has been entered a. secona class mail matter at the post orfice is Miam., in said Made County, Florida, for a period of cne year next preceding the first publication of the attache() copy of aeverticement: and affiant further says that she has neither paid nor promised any person. firm or corporation any discount, rebate, commission or refund for the purpcse of securing this advertisement for publication In titl he a.newspaper Sworn to and subscribed be;c.e me this 29th.day of. November. _, A. D. 19. . 7.3 • Janet Leo Notary Pub?t . State of Florida at Laren (SEAL) My Commissibn- oxpires April 15. 1977. ('ITT OP Mi-iMI, DAM; COUNTY, FLI1UIDA 1.EGAL NOTICE: All tere, t' d will take notice that on the 21.t day of Novem- ber. 1973 ti,e Commission •at the ::Ify rf Jiiami. Florida adopted ordinance entitled - AN OP.DI`;AXCE ESTAB- LISIIING THE REQUIRE- MENT TIIAT I\ PROCF.S- StNG .•1N EMPLOYEE'S' AP- PF.:1L O; A DISCIPLINARY ACTION, IN THE EVENT THE CITY MANAGER SHALL NOT HAVE TAKEN ACTION TO SUSTAIN, RE- VERSE. OR MODIFY THE ACTION OF THE DEPART- MENT DIRECTOR 'nT LATER THAN Ce DAYS .AFTER THE RECEIPT BY THE CITY MANAGER OF THE REPORT OF THE FINDINGS OF THE CIVIL SERVICE BOARD, THE CITY MANAGER WILL RENDER A WRITTEN RE- P )RT TO THE CITY COM- MISSION SETTING FORTH THE REAS')NS FOR THE DELAY. REPEALING ALL ORDINANCES., SECTIONS. OR PARTS THEREOF IN CONFLICT, INSOFAR AS T:IEY :ins IN CONFLICT C•-'NT.V NING A SEVER - ABILITY PROVISION. A•h' ••t is i!e,l_nnted Ordinance N It.P. c ' TIIERN CITY rZ T=T,K t'TY FLORIDA P'Yri,t'ratirn of tills nntlee rn t t14 �F:II thy of N„re•,.•.41 1n-v .Ad Ni. 111294 CITY CLERK;, CITY OF MIAMI, FLORIDA • • FHW:eb 10-15-73 ORDINANCE NO. ezer AN ORDINANCE ESTABLISHING THE REQUIREMENT THAT IN PROCESSING AN EMPLOYEE'S APPEAL OF A DISCIPLINARY ACTION, IN THE EVENT THE CITY MANAGER SHALL NOT HAVE TAKEN ACTION TO SUSTAIN, REVERSE, OR MODIFY THE ACTION OF THE DEPARTMENT DIRECTOR NOT LATER THAN 4 d DAYS AFTER THE RECEIPT BY THE CITY MANAGER OF THE REPORT OF THE FINDINGS OF THE CIVIL SERVICE BOARD, THE CITY MANAGER WILL RENDER A WRITTEN REPORT TO THE CITY COMMISSION SETTING FORTH THE REASONS FOR THE DELAY. REPEALING ALL ORDINANCES, SECTIONS, OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT CONTAINING A SEVERABILITY PROVISION. WHEREAS, it is the desire of the City Commission to insure that disciplinary proceedings involving employees of the City of Miami be processed expeditiously; and WHEREAS, Charter of the City of Miami has provided for an appeal of the disciplinary action of a Department Director to the Civil Service Board; and WHEREAS, the Charter specifies the time in which such appeal shall be presented, and the time in which such appeal shall be heard by the Civil Service Board; and WHEREAS, the Charter specifies that the City Manager shall receive a report from the Civil Service Board of its findings and recommendations in the appeal and shall then sustain, reverse, or modify the action of the Department Director; and WHEREAS, no time in which the City Manager must announce his action is specified; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CITY C . .ram C. 0 CT 1 9 1973 ■ FHW:eb Section 1. That in the event the City Manager shall not have completed his action to sustain, reverse, or modify the action of the Department Head within b days of the receipt by the City Manager of the report of the determination of the Civil Service Board of an appeal of a disciplinary matter filed by an employee of the City of Miami, the City Manager shall report in writing to the Commission of the City of Miami, Florida the reason for the delay. Should the delay continue thereafter, the Manager shall file a supplemental report, setting forth the reasons for the continuing delay on each loth day following, during which he shall have failed to take the final action required. Section 2. All ordinances, code sections of parts thereof in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 3. If any section, sentence, clause, phrase or word of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this Ordinance; and it shall be construed to have been the intent of the Commission of the City of Miami to pass this Ordinance without such unconstitutional, invalid, or inoperative part therein; and the remainder of this Ordinance, after the exclusion of such part or parts shall be deemed and held to be valid as if such parts had not been included herein. -2- • • • FHW:eb (-% • PASSED D' this ✓/r' day of PREPARD AND APPROVED BY: FRANK H. WESTON ASSISTANT CITY ATTORNEY REVIEWED BY: ire i , AtOHN S . LL OYD ASSISTANT DIRECTOR j;� APPROVED Ab TO Fc-M A CORREC NESS: } • ALA► H. RO HETEIN Cry ATTORNEY , 1973, 04/047/00.4.