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
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Commission
Meeting Date:
11.13.19
Item Type:
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Resolution
Ordi lance
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Ordinance Reading.
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Public Hearing:
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Strategic Plan Priority Area:
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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