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20120411 SupplD MIAMI BEACH City Commission Meeting SUPPLEMENTAL MATERIAL City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive April11, 2012 Mayor Matti Herrera Bower Vice-Mayor Jerry Libbin Commissioner Jorge R. Exposito Commissioner Michael G6ngora Commissioner Edward L. Tobin Commissioner Deede Weithorn Commissioner Jonah Wolfson City Manager Jorge M. Gonzalez City Attorney Jose Smith City Clerk Robert E. Parcher Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. SUPPLEMENTAL AGENDA R7 -Resolutions R?F A Resolution Consenting To And Confirming The Appointment Of Rafael E. Granado As The City Clerk For The City Of Miami Beach, Florida. (Human Resources) (Memorandum & Resolution) COMMISSION ITEM SUMMARY Condensed Title: Resolution Consenting To The Appointment Of Rafael E. Granado As The City Clerk For The City Of Miami Beach. Key Intended Outcome Supported: Increase community satisfaction with City government. Promote transparency of city operations. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the Mayor and City Commission adopt the attached Resolution consenting and confirming Rafael E. Granado as the Cit Clerk for the Cit of Miami Beach? Item Summary/Recommendation: Article IV, Section 4.02, of the City of Miami Beach Charter requires the consent of the City Commission for the appointments of department directors. The City Clerk acts as the secretary and custodian of the City Seal, compiles official City Commission and Redevelopment Agency agendas and minutes; provides quality print, copy and mail services; serves as facilitator in providing public records and information expeditiously to the City Commission, the public, City staff and other governmental agencies; administers all duties pertaining to municipal elections; and is the point of contact for all lobbyists and domestic partnership registrations. The City Administration began an open competitive recruitment and selection process in December 2011, for the purpose of identifying the best candidate for appointment as the next City Clerk. The top candidate that emerged from this process is Rafael E. Granado. Rafael E. Granado began his municipal career in 1999 working as the Assistant City Attorney for the City of Hialeah where he was one of the principal litigators for the City. His principal duties included being Police Legal Advisor on proposed police actions and prosecution of the forfeiture cases. Later, Mr. Granado was assigned to be the legal advisor to the City Clerk's Office, primarily handling questions and disputes over public records requests. In 2005, Mr. Granado was selected as the City Clerk for the City of Hialeah where he was responsible for administering all City elections; preparing the agenda for City Council meetings; attending regular and special City Council meetings; and serving as custodian of official City records and public documents. In 2006, in conjunction to duties of the City Clerk, Mr. Granado was asked to temporarily fulfill the duties of the Human Resources Director. He continued serving in these dual roles until his selection to the position of Assistant Human Resources Director for the City of Miami Beach in 2010. As the Assistant Human Resources Director, Mr. Granado assisted in the direction and coordination of the operations of the Human Resources and Risk Management areas. It is recommended that the Mayor and City Commission adopt the resolution consenting and confirming Rafael E. Granado as the City Clerk for the City of Miami Beach, Florida. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Funds: 1 I I 2 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin Ramiro lnguanzo, Human Resources Director Assistant City Manager MIAMI BEACH 1 Account Approved AGENDA ITEM __,_R..;...7"""'F'---- DATE lj-JJ-12.. ce MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager ~ April11,2012 Q 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE APPOINTMENT OF RAFAEL E. GRANADO AS THE CITY CLERK FOR THE CITY OF MIAMI BEACH, FLORIDA. ADMINISTRATION RECOMMENDATION It is recommended that the Mayor and Commission adopt the attached resolution consenting and confirming the appointment of Rafael E. Granado as the City Clerk for the City of Miami Beach. Article IV, Section 4.02, of the City of Miami Beach Charter requires the consent of the City Commission for the appointments of Department Directors. BACKGROUND I ANALYSIS The current City Clerk, Robert Parcher, is in the Deferred Retirement Option Plan (DROP) and separates from the City effective April 13, 2012. The City Administration began an open competitive recruitment process in December 2011 for the purpose of identifying the best candidate for my consideration for appointment as the next City Clerk. The top candidate that emerged from this process is Rafael E. Granado. Attached is Mr. Granado's resume. The City Clerk position was advertised nationally from December 13, 2011 through January 31, 2012. A total of two hundred forty-four (244) candidates applied for the position. Following an internal screening process and an initial review of all applications, this number was eventually narrowed down to the following nine (9) top candidates (listed in alphabetical order): • Daryl Betancur, former City Clerk, City of Pico Rivera, California • Josephine Chavez, City Clerk, City of Coral Springs, Florida • Rafael Granado, Assistant Human Resources Director, City of Miami Beach, Florida and former City Clerk, City of Hialeah, Florida • Pamela Latimore, City Clerk, City of North Miami Beach, Florida • Stacy Lentz, Assistant City Clerk, City of Cape Coral, Florida • William Senande, Municipal Clerk, City of Union City, New Jersey • Sheila Shedd, Manager of Governor's Council on Workforce Policy, Arizona Commerce Authority, Arizona and former City Clerk, City of Homestead, Florida • Tara Smith, Chief Deputy Supervisor of Elections, Miami-Dade Elections Department, Miami-Dade County, Florida • Yvonne Spence, Deputy City Clerk, City of Austin, Texas 2 April 11, 2012 City Commission Meeting City Clerk Consent Page 2 of3 These nine (9) candidates were invited to participate in panel telephone interviews. To ensure that we had the benefit of diverse perspectives, the panelists that participated in the telephone interviews were selected from a mix of individuals who have occasion to interact with the City and the Miami Beach Office of City Clerk, or who serve as municipal clerks in other jurisdictions. The panelists included (listed in alphabetical order): • Barbara Estep, Village Clerk, Village of Miami Shores; • Gabriel Paez, Miami Beach resident and City of Miami Beach Personnel Board Member; • Leslie Rosenfeld, Organizational Development and Training Specialist, City of Miami Beach; • Teresa Soroka, City Clerk, City of Aventura; and • Debora Turner, First Assistant City Attorney, City of Miami Beach. This panel recommended that the following four (4) candidates proceed to the next level of the recruitment process (listed in alphabetical order): Daryl Betancur, Rafael E. Granado, Pamela Latimore, and Sheila Shedd. The next level of the recruitment process was an in-person interview with me as well as the following individuals: • Jose Smith, City Attorney, City of Miami Beach • Robert Parcher, City Clerk, City of Miami Beach, and • Sherry Roberts, Miami Beach resident The in-person interview panel unanimously selected Rafael E. Granado as its top candidate. After considering input from members of the telephone and in-person panels, and speaking individually with the top candidates, I am appointing Rafael E. Granado as the City Clerk for the City of Miami Beach. Rafael E. Granado began his municipal career in 1999 working as the Assistant City Attorney for the City of Hialeah. His principal duties in the Office of the City Attorney I Law Department included serving as the City's Police Legal Advisor. In that role, he advised the Police Department on proposed actions, as well as prosecuted forfeiture cases. Later, he was also assigned to be the legal advisor to the City Clerk's Office, primarily handling questions and disputes over public records requests. As the Assistant City Attorney, Mr. Granado was one of the two principal litigators for the City of Hialeah. He defended the City in negligence cases such as slip and fall, automobile accidents, and breach of contract cases. He also defended the Police Department whenever one of their actions was challenged in court, for example false arrest cases. Mr. Granado was heavily involved in collective bargaining negotiations, and was the City's principal drafter of proposed contract language. In 2005, Mr. Granado was selected as the City Clerk for the City of Hialeah. As City Clerk, he was responsible for administering all City elections; preparing the agenda for City Council meetings; attending regular and special City Council meetings; and serving as custodian of official City records and public documents. He also undertook the coordination of the general and runoff elections, charter questions, straw ballots, and special elections due to the resignation of elected officials. He was even involved in a 3 April 11, 2012 City Commission Meeting City Clerk Consent Page 3 of3 unique situation of the elections being postponed and rescheduled a month later because of a hurricane. In 2006, in conjunction to his duties as the City Clerk, Mr. Granado was asked to temporarily fulfill the duties of the Human Resources Director for the City of Hialeah. He continued serving in both these roles until his selection to the position of Assistant Director of the Human Resources Department for the City of Miami Beach in 2010. Upon joining the City of Miami Beach, Mr. Granado assisted in directing and coordinating the operations of the Human Resources Department and the Risk Management Division and ensured that courteous and efficient services were provided to employees and the public. He was heavily involved in development and maintenance of the Department's budget; assisted in resolving labor disputes and grievances, and worked on updating the citywide personnel policies and procedures. Mr. Granado also initiated a transitional duty program whereby employees who are injured in connection with the performance of their duties are returned to work as soon as possible and served as the staff liaison to the City's Human Rights Committee. Mr. Granado has a Bachelor's degree in Politics and Public Affairs from the University of Miami and a Law degree from the University of Miami School of Law. He is well prepared to continue contributing to the City of Miami Beach as a result of his twenty- plus year tenure as an attorney and experiences as a City Clerk and in Human Resources. CONCLUSION Following an extensive recruitment process, I have assessed the current needs of our City and our Office of City Clerk and have concluded that Rafael E. Granado is the best candidate to serve the residents of our City as the City Clerk. Pursuant to the requirements of Article IV, Section 4.02, of the City Charter, it is recommended that the Mayor and City Commission adopt the resolution consenting and confirming Rafael E. Granado as the City Clerk for the City of Miami Beach, Florida effective April 16, 2012. T:\AGENDA\2012\4-11-12\City Clerk Commission Memo.docx 4 RAFAEL E. GRANADO PROFESSIONAL EXPERIENCE ASSIST ANT HUMAN RESOURCES DIRECTOR City of Miami Beach Miami Beach, Florida September 2010 to the present • Directed, planned and administered the activities of Department staff. • Developed and maintained Departmental operating budget; monitored and controlled expenditures. • Assisted in resolving labor disputes and grievances. • Presided over Step Ill Grievance hearings involving disciplines and disputes arising as a result of the interpretation of collective bargaining agreements. • Initiated a transitional duty program whereby employees who become ill or are injured in connection with the performance of their duties are returned to work as soon as possible, consistent with their medical restrictions and the City's needs. • Responsible for providing courteous, efficient, professional and technical services to all City departments in the recruitment and retention of employees. • Authored City policies and procedures in compliance with Federal and State law. • Conducted investigations pertaining to employee misconduct, harassment, hostility, etc. • Investigated, responded to and resolved difficult and sensitive citizen inquiries and complaints. • Reviewed and analyzed major employment trends, fair employment practices and judicial and regulatory opinions relating to labor matters. • Consulted and coordinated with Department staff, other City departments and legal counsel to ensure consistent application of City policies and procedures. • Served as liaison to the Miami Beach Human ·Rights Committee. • Served as trustee to the Firefighters Relief and Pension Fund Board (a Chapter 175 board). CITY CLERK City of Hialeah • Served as municipal supervisor of elections. Hialeah, Florida July 2005 to September 2010 • Conducted municipal elections jointly with the Miami-Dade County Elections Department. • Monitored and ensured compliance of City, County and State regulations pertaining to elections. • Responsible for meeting all legally mandated advertising deadlines on a Citywide basis. • Prepared the agenda for City Council meetings. • Implemented paperless agenda process for City Council meetings, which included staff reports, memoranda and other information necessary to enable the City Council to make informed decisions on individual items. • Attended all City Council meetings; assisted during meetings with procedural matters, motions and vote tabulations. • Documented the proceedings of City Council meetings. • Managed, on a Citywide basis, the retention, storage, retrieval and destruction of public records in accordance with State law. • Received and processed public records requests in accordance with the applicable legal provisions. • Conducted or supervised research projects to provide information of past City actions. • Developed and maintained Departmental operating budget. • Advertised and received invitations to bid and requests for proposals and qualifications. • Provided information and referrals to City residents. 5 Rafael E. Granado • Assisted with City Boards, including the Historic Preservation Board, the Veterans Affairs Board and the Cultural Affairs Council. • Processed miscellaneous permits, including filming, carnivals, festivals, street closures and banners. • Ensured that annual financial disclosure forms were completed and submitted in a timely manner, as mandated by law. • Attested contracts and legislation executed by the Mayor. HUMAN RESOURCES DIRECTOR City of Hialeah Hialeah, Florida June 2006 to September 2010 • Acted as negotiator during collective bargaining discussions with the three unions representing City employees (AFSCME, PBA and IAFF). • Drafted proposed and newly agreed provisions of collective bargaining agreements. • Developed and maintained Departmental operating budget. • Responsible for providing courteous, efficient, professional and technical services to all City departments in the recruitment and retention of employees. • Planned, assigned and directed the work of Department staff. • Oversaw and audited the City's payroll. • Instituted paperless hiring system. • Authored City policies and procedures in compliance with Federal and State law. • Conducted investigations pertaining to employee misconduct, harassment, hostility, etc. • Prepared correspondence and memoranda pertaining to disciplinary actions for the Mayor. • Reviewed and analyzed major employment trends, fair employment practices and judicial and regulatory opinions relating to labor matters. • Studied legislatio.n, arbitration decisions and collective bargaining contracts to assess trends. • Reviewed classification and pay of City employees to determine competitive compensation rates. • Advised the Mayor on issues of employee morale and employee relations. • Administered the City's education and training programs. • Recruited a high quality and diverse work force. • Developed, administered and scored valid examinations for entry level and promotional positions. • Instituted the Employee of the Month Award Program. ASSISTANT CITY ATTORNEY I POLICE LEGAL ADVISOR City of Hialeah • Defended the City and its employees in litigation cases. • Drafted and argued pretrial and discovery motions. • Prepared legal memoranda and discovery documents. • Conducted mediations and trials in State Court. Hialeah, Florida May 1999 to July 2005 • Represented the Hialeah Police Department and its personnel whenever the Department's actions were challenged in court. • Advised the Hialeah Police Department regarding the legality of its programs and actions. • Issued legal opinions when requested by the Mayor, the City Council and/or department heads on matters pertaining to the City. • Prosecuted, on behalf of the City, actions under the Florida Contraband Forfeiture Act. • Negotiated contracts on behalf of the City. • Drafted ordinances and resolutions to be considered by the City Council. • Managed and supervised junior attorneys in personal injury defense cases. 6 LITIGATION ATTORNEY Chou & Granado, P.A. Rafael E. Granado Coral Gables, Florida October 1992 to May 1999 • Partner in firm specializing in civil trial litigation, primarily in the fields of personal injury defense and insurance subrogation. • Responsible for own case load, from inception through settlement/trial. • Federal and State Court practice in employment discrimination actions, wrongful terminations and wage and hour disputes. • Trial experience before the Eleventh Judicial Circuit. CERTIFIED LEGAL INTERN Miami-Dade Office of the State Attorney, 11 1h Judicial Circuit Miami, Florida January 1992 to May 1992 • Managed all aspects of misdemeanor criminal prosecutions, including motion hearings and trials. EDUCATION JURIS DOCTORATE, 1992 University of Miami School of Law • Honors: National Hispanic Foundation Scholar • Activities: Litigation Skills -Trial Advocacy Program Phi Alpha Delta Law Fraternity, International UNIVERSITY OF MIAMI Bachelor of Arts in Politics and Public Affairs, 1988 • Honors: Dean's List (All semesters) Graduated with General University Honors Henry K. Stanford Scholarship Coca-Cola Hispanic Scholarship Coral Gables, Florida Coral Gables, Florida FLORIDA PUBLIC EMPLOYER LABOR RELATIONS ASSOCIATION (FPELRA) Certified Florida Public Sector Labor Relations Professional, August 2011 FLORIDA PUBLIC PENSION TRUSTEES ASSOCIATION (FPPTA) Certified Public Pension Trustee Candidate • Initial course completed October 2011 BAR ADMISSIONS • Member in good standing of the Florida Bar since 1992. • Admitted to practice before the United States District Court, Southern District of Florida since 1993. 7 Rafael E. Granado CIVIC AND PROFESSIONAL ACTIVITIES Co-chaired the City of Miami Beach's Annual United Way Fund Raising Campaign, October 2010 to the present Chaired the City of Hialeah's Annual United Way Fund Raising Campaign, July 2005 to September 2010 Miami-Dade County Municipal Clerks Association, July 2005 to September 2010 • Elected Vice President-2008 FOREIGN LANGUAGE • Fluent in Spanish. 8 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO AND CONFIRMING THE APPOINTMENT OF RAFAEL E. GRANADO AS THE CITY CLERK FOR THE CITY OF MIAMI BEACH, FLORIDA. WHEREAS, The City Administration engaged in a thorough and open recruitment and selection process for the purpose of identifying the best candidate for consideration for appointment as the next City Clerk; and WHEREAS, pursuant to Article IV, Section 4.02 of the City of Miami Beach Charter, the City Manager has the power to appoint directors of the City departments with the consent of the Mayor and the City Commission; and WHEREAS, as a result of the recruitment process, Rafael E. Granado was selected as the top candidate to be appointed as the City Clerk; and WHEREAS, Mr. Granado has been appointed as the City Clerk for the City of Miami Beach, subject to consent of the City Commission; and WHEREAS, Mr. Granado began his municipal career in 1999 working as the Assistant City Attorney for the City of Hialeah where he was one of the principal litigators; and WHEREAS, Mr. Granado was then assigned to be the legal advisor to the City Clerk's Office, primarily handling questions and disputes over public records requests; and WHEREAS, Mr. Granado was subsequently selected as the City Clerk for the City of Hialeah where he was responsible for administering all City elections, preparing the agenda for City Council meetings, attending regular and special City Council meetings and serving as custodian of official City records and public documents; and WHEREAS, In 2006, in conjunction to the duties of the City Clerk, Mr. Granado was also asked to temporarily fulfill the duties of the Human Resources Director and he continued serving in both these roles until 201 0; and WHEREAS, Mr. Granado joined the City of Miami Beach in 2010 as the Assistant Human Resources Director and has assisted in the directing and coordination of the City's Human Resources Department; and WHEREAS, the Mayor and the City Commission wish to consent to and confirm the appointment of Rafael E. Granado as the City Clerk for the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, consent to and confirm the appointment of Rafael E. Granado as the City Clerk for the City of Miami Beach. PASSED and ADOPTED this day of 2012 ----------' APPROVED AS TO ATTEST: CITY CLERK T:\AGENDA\2012\4-11-12\City Clerk RESOLUTION.docx 9 FOI?M & lANGUAGE --M-AY_O_R_____ & FOR EXECUTiON ~{2·8 0o}L Crty Nrlor~ Date THIS PAGE INTENTIONALLY LEFT BLANK 10