2014-28819 Reso RESOLUTION NO, 2014-28819
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, PURSUANT TO CITY OF MIAMI BEACH CODE
SECTION 2-462(c), GRANTING A WAIVER, BY 5/7 VOTE, OF THE CITY'S
POST-SERVICE EMPLOYMENT PROHIBITION, IN CONNECTION WITH
CITY COMMISSIONER ED TOBIN'S STATEMENT OF INTENTION TO
APPLY FOR EMPLOYMENT AS A CERTIFIED CITY OF MIAMI BEACH
POLICE OFFICER, FINDING THAT THE PUBLIC INTEREST WOULD BE
SERVED BY SUCH WAIVER.
WHEREAS, pursuant to City of Miami Beach Code Section 2-462 "Prohibiting
Members of City Commission from Having Certain Post-Service Contracts with City,"
members of the City Commission are prohibited for a period of two years after leaving City
service, from becoming an employee, independent contractor, or agent of the City, other
than in voluntary, noncompensated service; and
WHEREAS, Code Section 2-462(c) provides for waiver of this post-service
employment prohibition upon an affirmative five-sevenths vote of the City Commission,
finding that the public interest would be served by such waiver; and
WHEREAS, having publicly announced his intention to apply for employment with
the City of Miami Beach as a Certified Police Officer, City Commissioner Ed Tobin has
requested a waiver of City Code Section 2-462's post-service employment restriction; which
employment--if offered and accepted--would (consistent with Florida Ethics laws and
Constitutional dictates) commence subsequent to his resignation from membership on the
City Commission; and
WHEREAS, inasmuch as Code Section 2-462 does not contain any restriction
limiting when a waiver request may occur, the City Attorney has opined that the subject
request for waiver is ripe for present consideration by the City Commission; and
WHEREAS, the Mayor and City Commission hereby find, by an affirmative 5/7
vote, that the public interest would be served by granting the subject waiver, authorizing
Commissioner Tobin to become employed as a Certified Police Officer for the City of
Miami Beach, should such offer of employment be made and accepted.
WHEREAS, in this regard, the City Commission emphasizes that its actions taken
herein are limited to the per se subject grant of waiver under City Code section 2-462, and in
no way reflect any City Commission endorsement or promotion of application for
employment or offer of employment, and that reliance is placed upon the City Administration
to ensure that Commissioner Tobin is subject to the same application and hiring process as
other candidates for the position of Certified Police Officer.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that having determined
by 5/7 vote that the public interest will be served by waiving Miami Beach City Code Section
2-462's post-service employment prohibition in relation to City Commissioner Ed Tobin's
Statement of Intention to apply for City employment as a Certified City Police Officer, said
waiver is granted.
PASSED and ADOPTED this day of October 2014.
Philip Le q
Mayor
Attest:
Raf el Granado, City Clerk
INCORP ORA ECl:
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APPROVED AS TO
FORM& LANGUAGE
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City Attorney Date
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OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, City Commissioner
DATE: October 22, 2014
SUBJECT: . Discussion Item/Resolution for Placement on October 29, 2014 City
Commission Agenda
Request for City Commission Waiver of City's Post-Service Employment
Prohibition and Related Statement of Intent to Apply for City Employment.
Please place on the October 29, 2014 City Commission agenda the following matters:
• My statement of intent to apply for employment as a Certified Police Officer for the
City of Miami Beach; and
• Immediately following, my statement, my request for waiver of the Post-Service
Employment Prohibition, pursuant to City Code Section 2-462, reading as follows:
Miami Beach City Code Section 2-462 "Prohibiting members of city
commission from having certain post-service contracts with city":
(a) For a period-of two years after leaving city service, no member of the city
commission shall be eligible to serve as employee, independent contractor, or
agent for the city, or otherwise enter into any contract (other than for
voluntary, noncompensated services) with the city on any matter.
(b) The provisions of this section shall apply to all individuals elected or
appointed/reelected or reappointed to serve on the city commission
subsequent to the effective date of this section.
(c) The requirements of this section may be waived by a five-sevenths vote of
the city commission upon a finding by the city commission that the public
interest would be served by such waiver.
Having discussed the above process with the City Attorney, he has prepared the
attached Resolution, to be considered concurrent with my above-referenced waiver
request.
If you have any questions, please do not hesitate to call my office.
Agenda Item
Date /®��