HomeMy WebLinkAbout2006-26271 Reso
RESOLUTION NO.
2006-26271
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ELIMINATING THE POSITION OF THE
SPECIAL COUNSEL TO THE PERSONNEL BOARD.
WHEREAS, the City Commission of the City of Miami Beach, Florida, found and
determined that it was in the best interest of the City to employ special counsel to advise the
City's Personnel Board because of an inherent conflict of interest by the City Attorney's Office
which is required by a Related Special Act to represent the City's Appointing Officers before the
Board in disciplinary appeals by classified employees; and
WHEREAS, all five collective bargaining units for classified employees of the City have
agreed in collective bargaining agreements to eliminate the Personnel Board as an avenue for
employee disciplinary appeals and use instead the grievance/arbitration procedure or a neutral
hearing examiner in lieu of the Personnel Board; and
WHEREAS, the City Attorney's Office no longer has an inherent conflict of interest and
may advise the Personnel Board; and
WHEREAS, there is no longer a need for the position of special counsel to advise the
Personnel Board on a regular basis and a Special Counsel could be appointed, as needed, if a
conflict of interest arises; and
WHEREAS, the services of the currently Special Counsel, Betty Capote, Esquire,
retained pursuant to Resolution 95-21578, are terminable at will and are no longer needed.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the position of Special
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Counsel to the Personnel Board is hereby eliminated and the employment of Betty Capote,
Esquire, as Special Counsel to the Personnel Board, is hereby terminated.
PASSED and ADOPTED this 12th
ATTEST:
day of July
,2006.
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CITY CLERK
Robert Parcher
F:\atto\P APD\Resolution for Elimination of Special Counsel of Personnel Board.doc
MAYOR
David Dermer
APPROVED J.S TO
FORM & LANGUAGE
FOR EXECUTION
1/')0"
Date
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OFFICE OF THE CITY ATTORNEY
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JOSE SMITH
City Attorney
Telephone:
Facsimile:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
TO:
Mayor David Dermer and Mem rs of the City Commission
FROM:
DATE: July 12,2006
SUBJECT: A Resolution of the Mayor and City Commission of the City of Miami Beach,
Florida eliminating the position of Special Counsel to the Personnel Board
A Related Special Act establishes the Personnel Board. Historically, the Board heard appeals of
disciplinary actions from classified employees. Under the Related Special Act, and the Personnel
Rules, the City Attorney's Office pursued disciplinary actions on behalf of the City.
As a result ofthis responsibility, and mindful that a potential conflict of interest could arise, the City
Attorney's Office recommended that outside Special Counsel be appointed to advise the Personnel
BoarQ.
Recently, the City entered into collective bargaining agreements with all five City unions, AFSCME,
CW A, FOP, GSA, and IAFF, all of which eliminate the Personnel Board as an avenue for appeals of
classified employee disciplinary action. All five collective bargaining agreements allow for a
grievance procedure' with binding arbitration as the final step. Three ofthe unions, AFSCME, FOP
and IAFF have also added an option for employees covered by their collective bargaining agreements
to pursue an alternative procedure of a hearing examiner performing the function that the Personnel
Board previously performed for disciplinary appeals.
Therefore, there is no longer a need for outside Special Counsel retained by the City Commission to
advise the Personnel Board inasmuch as the Personnel Board no longer hears appeals of disciplinary
actions, and therefore there is no longer a potential conflict of interest for the City Attorney's Office.
Agenda Item R7:T
1700 Convention Center Drive -- Fourth Floor -- Miami Bea Date t"J -/2-0(p
In 1995, the City Commission pursuant to Resolution 95-21578 retained Betty Capote, Esq. as
Special Counsel for the Personnel Board. The retention is subject to termination at the will of either
party.
Therefore, the City Attorney's Office recommends that the position of Special Counsel be
eliminated, that the retention of Betty Capote, Esquire, as Special Counsel be terminated, and that
no Special Counsel be retained for the Personnel Board unless a conflict of interest arises.
JS/ym
F:\atto\P APD\Commission Memo Personnel.doc
OFFICE OF THE CITY ATTORNEY. 1700 CONVENTf6N CENTER DRIVE - MIAMI BEACH, FLORIDA 33139