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HomeMy Public PortalAbout19-9714 Permitting the Commissioners to make inquiries of City StaffSponsored by: City Manager RESOLUTION NO. 19-9714 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, PERMITTING CITY OF OPA- LOCKA COMMISSIONERS TO MAKE INQUIRIES OF CITY STAFF FOR THE SOLE PURPOSE OF GOOD FAITH INQUIRIES AND INVESTIGATIONS PURSUANT TO ARTICLE IV, SECTION 4.2 (B) OF THE CITY OF OPA- LOCKA CHARTER; REPEALING RESOLUTION NO. 18-9512 AND ANY OTHER RESOLUTION IN CONFLICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Article IV, Section 4.2 (B) of the City of Opa-locka City Charter, except for the purpose of inquiries and investigations made in good faith and in accordance with a resolution adopted by the City Commission, the Commission and any of its individual members shall not direct or give orders to any City employee, either publicly or privately, except for City Charter Officers (City Manager, City Attorney and City Clerk); and WHEREAS, except for the purpose of inquiries and investigations made in good faith, it is the express intent of the City Charter that recommendations for improvement in City government operations by individual Commission members be made solely through the City Manager; and WHEREAS, the City Commission of the City of Opa-locka desires to make clear its authority to communicate directly with City staff, only under limited circumstances and conditions; and WHEREAS, in the absence of this Resolution "any commissioner violating the provisions of [the Charter] shall be guilty of a misdemeanor and upon conviction thereof shall cease to be a commissioner"; and WHEREAS, the passage of this resolution is intended to limit the type of communications that the Commission is permitted to have with City staff, except staff supervised by the City Manager, while at the same time protect the City Commissioners when solely seeking information permitted by the City Charter. Resolution No. 19-9714 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. Adoption of Representations. The above recitals are true and correct and are incorporated into this Resolution by reference. Section 2. Contact Permitted for Good Faith Inquiries and Investigations. The City Commission of the City of Opa-Locka, Florida hereby repeals Resolution No. 18-9512 pertaining to employees not being required to report conversations with other commissioners to the City Manager which are informational in nature. Section 3. Repeal of Resolution No. 18-9512 and others in conflict. The City Commission of the City of Opa-locka hereby repeals Resolution No. 18-9512 and any other resolution in conflict. Section 4. Effective Date. This Resolution shall take effect immediately upon adoption by the City Commission of the City of Opa-locka. PASSED and ADOPTED this 13th day of November, 2019. Matthew A. Pigatt, Mayor ATTIT: Joann kLk Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Burnadette Norris -Weeks, P.A. Resolution No. 19-9714 Moved by: Vice Mayor Davis Seconded by: Commissioner Kelley VOTE: 5-0 Commissioner Bass: YES Commissioner Burke: YES Commissioner Kelley: YES Vice -Mayor Davis: YES Mayor Pigatt : YES City of Opa-Locka Agenda Cover Memo Department Director: Department Director Signature: City Manager: John E. Pate CM Signature: sf /ww _."-- Commission Meeting Date: 11.13.19 Item Type: (EnterX in box) Resolution Ordi lance Other X Fiscal Impact: (EnterX in box) Yes No Ordinance Reading. (EnterX in box) st Reading 2nd Reading x Public Hearing: (EnterX in box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: Advertising Requirement: (EnterX in box) Yes No X Contract/P.O. Required: (EnterX in box) Yes No RFP/RFQ/Bid#: x Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational m I Bus. & Economic Dev Public Safety loll Quality of Education Qual. of Life & City Image IIIN I Communcation ! I Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Sponsor Name City Manager Department: City Manager Short Title: A resolution repealing Resolution No. 18-9512 which prohibited the Acting City Manager from requiring employees to inform him of conversation with Commissioners. Staff Summary: It is in the best interest of the City repeal previous legislation to be in compliance with the City's charter. Proposed Action: Staff recommends the approval of this request. Attachment: Resoltion No. 18-9512. Sponsored by: Commissioner Holmes RESOLUTION NO. 18-9512 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, PROHIBITING THE ACTING CITY MANAGER FROM REQUIRING EMPLOYEES TO INFORM HIM OF CONVERSATIONS WITH COMMISSIONERS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Opa-locka, Article IV Legislative, Section 4.2.(B)(1) states that "(e)xcept for the purpose of inquiries and investigations made in good faith and in accordance witha resolution adopted by the Commission, the Commission and any of its individual members shall deal with City employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the Commission nor its members shall give orders to any such employee"; and WHEREAS, conversations with Commissioners are permissible if they are initiated pursuant to a resolution and are for the sole purpose of information seeking; and WHEREAS, the City Commission finds that it is in the best interest of the City to prohibit the Acting City Manager from requiring employees to inform him of conversations with Commissioners; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission hereby prohibits the Acting City Manager from requiring employees to inform him of conversations with Commissioners. Section 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. Resolution No. 18-9512 PASSED AND ADOPTED this 11 to day of July, 018. r- -. r Attest to: 4,0 Joaina Flores City Clerk Moved by: Seconded by: Commissioner Vote: Commissioner Holmes: Commissioner Riley: Commissioner Pigatt: Vice Mayor Kelley: Mayor Taylor: yra L. Ta ' or Mayor Approved as to form and legal sufficiency: THE BROWN LAW GROUP, LLC City Attorney COMMISSIONER HOLMES COMMISSIONER RILEY 3-2 YES YES NO NO YES