Resolution 2020-31531R E S O L U T IO N NO . 2020-315 3 1
A R E S O LU T IO N O F T H E M A Y O R A N D C IT Y C O M M IS S IO N O F T H E
C IT Y O F M IA M I B EA C H , FL O R ID A , A P P O IN T IN G C IT Y A T T O R N E Y
RA U L J. AGUILA AS INTERIM CITY MANAGER UNTIL SUCH TIME AS
THE CITY COMMISSION APPOINTS A PERMANENT CITY MANAGER
AND THE NEW CITY MANAGER COMMENCES THEIR TERM OF
EMPLOYMENT, WITH THE UNDERSTANDING THAT: (1) MR. AGUILA
WILL RETURN TO HIS PERMANENT POSITION AS THE CITY
ATTORNEY ONCE THE PERMANENT CITY MANAGER'S
EMPLOYMENT TERM COMMENCES, AND (2) THE INTERIM CITY
MANAGER WILL NOT MAKE ANY SIGNIFICANT PERSONNEL
CHANGES AMONG EXECUTIVE ADMINISTRATIVE STAFF WITHOUT
PRIOR CONSULTATION WITH THE MAYOR AND CITY COMMISSION;
AND ALSO, APPOINTING DEPUTY CITY ATTORNEY RAFAEL PAZ AS
THE ACTING CITY ATTORNEY DURING MR. AGUILA'S PERIOD OF
SERVICE AS INTERIM CITY MANAGER, WITH THE UNDERSTANDING
THAT MR. PAZ WILL RETURN TO HIS POSITION AS DEPUTY CITY
ATTORNEY ONCE MR. AGUILA RETURNS TO HIS PERMANENT
POSITION AS CITY ATTORNEY.
WHEREAS, on October 7, 2020, City Manager Jimmy Morales, submitted his letter
of resignation to the Mayor and City Commission; and
WHEREAS, subsequently, Mr. Morales advised the City Commission that his last
day as the City Manager would be December 11, 2020; and
WHEREAS, immediately following Mr. Morales' resignation, the City Commission
initiated the recruitment process for the selection of a permanent City Manager, while also
recognizing the need to appoint an Interim City Manager during the course of the selection
process; and
WHEREAS, in view of the strong internal candidates for the permanent City
Manager position, the City Commission determined that it would be unfair to appoint any
internal candidate interesting in the permanent position to serve as Interim City Manager,
as the City Commission desired not to provide any undue advantage to any one candidate
over others; and
WHEREAS, based on the City Commission's desire to level the playing field for
the recruitment process for the permanent City Manager position, the City Commission
determined that it would only appoint an Interim City Manager who would pledge and
commit to not apply for the permanent position; and
W H E R EA S , five extremely talented and capable internal candidates indicated their
interest to serve as Interim City Manager until a permanent City Manager is appointed;
and
WHEREAS, among those candidates was Raul J. Aguila, the City's current City
Attorney; and
WHEREAS, Mr. Aguila is a dedicated public servant with twenty-nine (29) years in
public service - he served in the City Attorney's Office for Miami Beach for twenty-three
(23) years as either a First Assistant City Attorney or Chief Deputy City Attorney, before
being unanimously appointed by the City Commission to serve as the City Attorney in
2014;and
WHEREAS, Mr. Aguila's tenure as the City Attorney will end in March 2022, both
as a matter of his employment contract, and the requirements of the City's Deferred
Retirement Option Program ("DROP"); and
WHEREAS, Mr. Aguila, in addition to being an exceptional chief legal officer for
the City, is familiar with the workings of every City department and possesses the
institutional history and intimate knowledge of the City's business and the policy
objectives the City Commission desires to achieve; and
WHEREAS, when Mr. Aguila advised the Mayor, the City Commissioners, and the
City Clerk of his interest in the position as Interim City Manager; he advised that he would
only accept the position if the ultimate vote of the City Commission to appoint him as
Interim City Manager was unanimous, and, further, that once the permanent City Manager
is appointed, he be allowed to return to his permanent position as City Attorney, until the
end of his tenure in March 2022; and
WHEREAS, by virtue of the City Commission appointing Mr. Aguila as the Interim
City Manager, there must be an Acting City Attorney during Mr. Aguila's period of service
as the Interim City Manager; and
WHEREAS, at the December 9, 2020 City Commission meeting, Commissioner
Michael Gongora made a motion to appoint Mr. Aguila as the City's Interim City Manager,
and to appoint Deputy City Attorney Rafael Paz as the Acting City Attorney; and
WHEREAS, as part of the motion to appoint Mr. Aguila, the City Commission
directed that the Interim City Manager not make any personal changes among executive
in the City administration staff without prior consultation with the Mayor and City
Commission; and
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W H E R E A S , once the appointments begin, the Interim City Manager and the Acting
City Attorney will report directly to the City Commission, with the Interim City Manager
exercising all powers of the City Manager, as chief executive officer for the City, under
the City Charter and City Code; and the Acting City Attorney exercising all of the powers
and duties of the City Attorney, as chief legal officer for the City, under the City Charter
and City Code; and
WHEREAS, Commissioner Michael Gongora's motion was seconded by
Commissioner David Richardson, and the motion passed unanimously.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Commission hereby appoint City Attorney Raul J. Aguila as Interim City Manager until
such time as the City Commission appoints a permanent City Manager and the new City
Manager commences their term of employment, with the understanding that: (1) Mr.
Aguila will return to his permanent position as the City Attorney once the permanent City
Manager's employment term commences; and (2) the Interim City Manager will not make
any significant personnel changes among executive administrative staff without prior
consultation with the Mayor and City Commission; and also, appointing Deputy City
Attorney Rafael Paz as the Acting City Attorney during Mr. Aguila's period of service as
Interim City Manager, with the understanding that Mr. Paz will return to his position as
Deputy City Attorney once Mr. Aguila returns to his position as City Attorney.
PASSED and ADOPTED this _" _day or Pceb _,2020.
Dan Gelber, Mayor
ATTEST:~
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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