CITY OF HALLANDALE BEACH

MEMORANDUM

DATE:            June 1, 2010

TO:                 Honorable Mayor and City Commission

FROM:            David Jove, City Attorney

SUBJECT:     Resolution to take the second step to permanently remove and to terminate the Employment of City Manager, D. Mike Good

PURPOSE:

The City Commission to consider a Resolution to take the second step to permanently remove and to terminate the Employment of City Manager, D. Mike Good.

BACKGROUND:

On May 19, 2010, pursuant to Section 6.04(1) of the City Charter the City Commission adopted by affirmative vote of a majority of the commission a resolution for the proposed removal and suspension of D. Mike Good. On May 20, 2010, pursuant to Section 6.04(2) of the City Charter a copy of the resolution was personally delivered to D. Mike Good.  A copy of the Verified Return of Service is attached as Exhibit “A” to the Subject resolution. The resolution was also sent to D. Mike Good by certified mail return receipt. 

In accordance with Section 6.04(2) of the City Charter on May 25, 2010 (Exhibit “B”), D. Mike Good, filed a request for public hearing which must be held not earlier than fifteen (15) days nor later than thirty (30) days after the City Manager’s request is filed.  Further, section 6.04(2) of the City Charter provides that the City Manager may file with the City Clerk on behalf of the City Commission a written reply no later than five (5) days before the public hearing. Accordingly, the hearing to consider the Subject resolution is scheduled for June 9, 2010 at 1:00 p.m. 

Additionally, at the City Commission meeting of May 19, 2010, the City Commission directed the City Attorney to revise the Severance Agreement, and make it available to D. Mike Good. The revised severance agreement was forwarded to the City Manager by the City Attorney for his consideration on May 20, 2010 via email. On May 21, 2010, D. Mike Good via email stated that he would respond concerning the revised severance agreement by May 24, 2010.  As of the date of this staff report the City Attorney has not received any response concerning the revised severance agreement (see attached revised severance agreement).

DISCUSSION:

The City Commission may remove the City Manager in accordance with the following procedure:

Pursuant to Section 6.04(3) of the City Charter,  the City Commission may adopt a resolution of removal, which may be made effective immediately, by the affirmative vote of a majority of all its members at any time after the public hearing requested by D. Mike Good.

If D. Mike Good files with the City Clerk on behalf of the City Commission a written reply no later than five (5) days before the public hearing the written reply will be forwarded to the Mayor and City Commission.

RECOMMENDATION:

The City Commission consider the attached Resolution following the Public Hearing on the permanent removal and termination of employment of D. Mike Good on June 9, 2010.