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HomeMy Public PortalAbout21-08 Recognizing Juneteenth Independence DaySponsored by: Commissioner Davis Mayor Pigatt Vice Mayor Williams ORDINANCE NO. 2021-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CHAPTER 2, ARTICLE IV ENTITLED PERSONNEL, TO CREATE DIVISION IV OF THE CITY OF OPA-LOCKA'S CODE OF ORDINANCES TO BE ENTITLED "CITY HOLIDAYS"; SPECIFICALLY RECOGNIZING JUNETEENTH INDEPENDENCE DAY AS A PAID CITY HOLIDAY AND SPECIFICALLY CITING ALL OTHER CITY HOLIDAYS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND SCRIVENER'S ERRORS; CONFLICTS OF LAW, SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-Locka, Florida, ("City") desires to codify Juneteenth Independence Day ("Juneteenth) as an observed paid City Holiday; and WHEREAS, approximately eleven and one-half million African Americans survived the voyage to the New World ("the middle passage"), only to be subjected to chattel slavery for more than 200 years after arrival in the United States; and WHEREAS, President Abraham Lincoln first issued the Emancipation Proclamation effective January 1, 1863, freeing the enslaved citizens from legalized slavery in the United States; and WHEREAS, Juneteenth commemorates the day freedom was proclaimed to all enslaved citizens in the south by Union General Granger, on June 19, 1865, in Galveston, Texas, more than two and a half years after the signing of the Emancipation Proclamation by President Abraham Lincoln; and WHEREAS, in June of 2018, for the first time in over 130 years of annual celebration, Juneteenth was "officially recognized" as "Juneteenth Independence Day" in America by the President and Congress of the United States; and WHEREAS, Americans of all colors, creeds, cultures, religions and countries -of -origin, share in common love of and respect for "freedom", as well as a determination to protect their right to freedom through democratic institutions, by which the "tenets -of -freedom" are guaranteed and protected. The Juneteenth Independence Day, along with the 4th of July Ordinance No. 2021-08 Independence Day, completes the America's Independence Day observances. The often repeated proverb "Until All are Free, None are Free" is appropriate to highlight the significance of the end of the era of slavery in the United States and the celebration of freedom for all; and WHEREAS, the City Commission of the City of Opa-Locka, Florida desires to update its Administrative Policies regarding City Holidays to Include Juneteenth Independence Day as a day of celebration in the City and paid City holiday and further list Juneteenth and all other City holidays in the Chapter 2, Article IV entitled "Personnel" by creating a new division within the City of Opa-Locka's Code of Ordinances entitled "City Holidays". NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-Locka hereby directs the City Manager to include Juneteenth Independence Day as an observed paid City Holiday in the City of Opa-Locka. If the holiday falls on Saturday, the preceding Friday shall be observed as a holiday. If the holiday falls on Sunday, the following Monday shall be observed as a holiday. The City Commission of the City of Opa-Locka hereby further approves the amendment of Chapter 2, Article IV entitled Personnel to create Division IV of the City of Opa-Locka's Code of Ordinance to be entitled "City Holidays" with all City Holidays stated in this section and to read as follows: DIVISION IV CITY HOLIDAYS (A) The following holidays shall be paid employee holidays observed by the city: New Years Day Martin Luther King Day Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day After Thanksgiving Christmas Day Juneteenth Independence Day, June 19 2 Ordinance No. 2021-08 (B) If any of these (*) holidays fall on Saturday, the preceding Friday shall be observed as a holiday. If any of these holidays fall on Sunday, the following Monday shall be observed as a holiday. (C) The City Manager shall have the discretion to implement by administrative policy the application of the observance of the paid holidays for bargaining, non -bargaining, exempt, non-exempt, part-time, and full time employees to maintain the operational integrity of City functions and the contractual obligations of the City. Section 3. This Ordinance shall become effective upon passage, approval and publication or as otherwise provided by law. Section 4. Conflict & Repealer. All ordinances, parts of ordinances or code provisions in conflict herewith ordinance are hereby repealed. Section 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of the Code or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Section 6. Inclusion In Code. It is the intention of the City Commission of the City of Opa-Locka that the provisions of this Ordinance shall at some time in the future become and be made a part of the Code of Ordinances of the City of Opa-Locka and that the sections of this Ordinance may be renumbered or re -lettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed; provided, however, that Section 1 hereof or the provisions contemplated thereby shall not be codified. Section 7. Effective Date. This Ordinance shall take effect upon the adoption of this Ordinance by the Commission of the City of Opa-Locka is subject to the approval of the Governor or Governor's Designee. PASSED FIRST READING this 26th day of May, 2021. PASSED SECOND READING this 9th day of Tune, 2021. 3 Ordinance No. 2021-08 Matthew A.-Pigatt, Mayor ATTEST: Off , K ev " , Joa'1i a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: (104(& Burnadette Norris -Weeks, Esq. City Attorney Moved by: Commissioner Davis Seconded by: Commissioner Taylor VOTE: 4-0 Commissioner Burke YES Commissioner Davis YES Commissioner Taylor YES Vice -Mayor Williams YES Mayor Pigatt NOT PRESENT City of Opa-locka Agenda Cover Memo Department Director: Department Director Signature: City Manager: John E. Pate CM Signature: Commission Meeting Date: 05/26/2021 Item Type: (EnterX in box) Resolution 1 d' a ce Other X Fiscal Impact: (Enterx in box) Yes No Ordinance Reading: (Enter X in box) 1St Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: See Financial Impact section Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (EnterX in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (EnterX in box) Yes ' No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Communcation Area: Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X IN NO MN MI Image NI MI Sponsor Name Commissioner Davis Mayor Pigatt Department: City Commission Short Title: A resolution directing the City Manager to establish Juneteenth Emancipation Day as a paid City Holiday. Staff Summary: It is proposed that the City Commission of the City of Opa-locka directs the City Manager to include Juneteenth Emancipation Day as an observed paid City Holiday for the City of Opa-locka. If the holiday falls on a Saturday, the preceding Friday shall be observed as the holiday. If the holiday falls on a Sunday, the following Monday shall be observed as the holiday. Upon adoption by the City Commission, staff will include the new official paid City Holiday in the updated handbook. In addition, the holiday will be included in both City collective bargaining agreements. Financial Impact Because of scheduling requirements, most officers in the PBA bargaining unit end up receiving an additional day of pay for a paid holiday. It is estimated that this will cost the City approximately $17,000 each year, including payroll taxes, workers compensation and retirement charges. The remainder of the City employees won't receive additional pay. For these employees the City will pay approximately $23,000 in wages, payroll taxes, workers compensation and retirement charges for the holiday. Whereas the additional pay received by the officers in the PBA bargaining will be additional expense for the City, for the remainder of the City employees this expense will be incurred regardless of whether or not these employees work and consequently isn't additional expense for the City. Proposed Action: Staff recommends the City Commission approve the resolution establishing Juneteenth Emancipation Day as an additional paid City Holiday. Attachment: 1. Ordinance SUNDAY MAY 30 2021 Palmer Trinity School students Alejandro Ichiro Miyasaka, Alex Fumagalli, Javi Cervera, and Jackson Graeff are with Andrew Stein, center, during their $700 check presentation in support of The Orphaned Starfish Foundation, which Stein founded. 1,11:iIn 7M CO SlVEMDuiDREUM 00/100 FROM ME 4NW SCHOOL SCENE special recognitions. It is an honor to bestow this prestigious award upon such a well -deserving student -athlete." Ashley will be recog- nized during the 2021 College Football Playoff Semifinals at the Capital One Orange Bowl. PALMER TRINITY SCHOOL Palmer Trinity School students Alejandro Ichi- ro Miyasaka, Javi Cerve- ra, Jackson Graeff, and Alex Fumagalli present- ed a $700 check to An- drew Stein, founder and executive chairman of the Orphaned Starfish Foundation. The stu- dents raised funds through their business called Ichi- ro's Cookies to support the foundation. The Orphaned Starfish Foundation was created to provide technology -based education, job training, and job placement assist- ance to orphans, victims of abuse, survivors of trafficking, indigenous children, at -risk youth, and refugees. The organi- zation helps children around the world with a focus on Latin America, Asia and Africa. "We are very proud of the philanthropic lead- ership our amazing stu- dents have shown," said Patrick Roberts, head of school. "This initiative demonstrates their drive and ingenuity to benefit vulnerable youth both locally and globally." Ichiro's Cookies was launched as part of Palmer Trinity School's Social Entrepreneurship class, which was created in 2014 to equip students with the skills and experiences needed to design, launch, and run their own social change and environmental innovation ventures. CARROLLTON SCHOOL OF THE SACRED HEART Isabela Delgado, a student at Carrollton School of the Sacred Heart, was named a fellow in the inaugural class of The Hafize Gaye Erkan First Re- public Fellowship Pro- gram. The program se- lects 10 ninth -grade stu- dents from The National Coalition of Girls' Schools member schools and awards them a $5,000 Isabela grant per Delgado year of their high school education toward STEM services and pro- grams. Isabela is a member of several organizations at her school, including the Underwater Remote Operating Vehicle Robot- ics team and the founder of the Power of Play Club. She also competed in the Dream in Green Design and Build Compe- tition, where she de- signed and built an archi- tectural model addressing sea -level rise in Miami. I NEIGHBORS I 11NW CITY OF OPA-LOCKA, FLORIDA NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Florida will hold public hearings at its Regular Commission Meeting on Wednesday, June 9, 2021 at 7:00 p.m., at Sherbondy Village Auditorium, 215 Perviz Avenue, Opa-locka, Florida, to consider the following items for final adoption: SECOND READING/PUBLIC HEARINGS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDINGTHE ANNUAL ADOPTED GENERAL, PROPRIETARY AND SPECIAL REVENUE FUNDS BUDGETS FOR TILE FISCAL YEAR COMMENCING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021; ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT "A"; PROVIDING FOR THE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR APPROPRIATION OF ALL BUDGETS AND EXPENDITURES; PROVIDING FOR FEES CONSISTENT WITH APPROPRIATIONS AND AMENDMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading/public hearing held on May 26, 2021). AN ORDINANCE OF THE CITY COMMISSION OF THE C1TY OF OPA-LOCKA, FLORIDA, AMENDING CHAPTER 2, ARTICLE IV ENTITLED PERSONNEL, TO CREATE DIVISION IV OF THE CITY OF OPA-LOCKA'S CODE OF ORDINANCES TO BE ENTITLED "CITY HOLIDAYS"; SPECIFICALLY RECOGNIZING JUNETEENTH INDEPENDENCE DAY AS A PAID CITY HOLIDAY AND SPECIFICALLY CITING ALL OTHER CITY HOLIDAYS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND SCRIVENER'S ERRORS; CONFLICTS OF LAW; AND PROVIDING FOR AN EFFECTIVE DATE (first reading/public hearing held on May 26, 2021). RESOLUTION/PUBLIC HEARING: A RESOLUTION OF 1'HE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING FINAL PLAT REVIEW REQUEST FOR THE CONSTRUCTION AND OPERATION OFA WAREHOUSE/DISTRIBUTION CENTER ON THE PROPERTY LOCATED AT 12700 NW LE JEUNE ROAD IDENTIFIED BY FOLIO 08-2129-000-0032, IN THE B-3 ZONING DISTRICT; PROVIDING FOR APPROVAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. Additional information on the above items may be obtained by contacting the Office of the City Clerk by telephone 305-953-2800 or email jflores@opalockafl.gov. To participate or provide comments virtually, please register on the City of Opa-locka website at www.opalockafl.gov no later than 7:00 p.m. on Wednesday, June 9, 2021. All interested persons are encouraged to participate and will be heard with respect to the public hearings. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at (305) 953-2800 for assistance not later than seven (7) days prior to the proceeding. If hearing impaired, you may telephone the Florida Relay Service at (800) 955-8771 (TTY), (800) 955-8770 (Voice), (877) 955-8773 (Spanish) or (877) 955-8707 (Creole). PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision made by any board, agency, or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings, and for that reason, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal may be based. Joanna Flores, CMC City Clerk City of Opa-locka