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Miami

Cypen & Cypen
SPECIAL SUPPLEMENT

for
AUGUST 21, 2012

Stephen H. Cypen, Esq., Editor

MIAMI CITY MANAGER HAS NO AUTHORITY
TO DECLARE FINANCIAL URGENCY WITHOUT
FURTHER ACTION BY CITY COMMISSION

A Miami-Dade Circuit Court Judge has granted an injunction against City of Miami‚Äôs purported declaration of financial urgency pursuant to Section 447.4095, Florida Statutes.  That statute allows a public employer that claims it is in a financially urgent situation to take certain unilateral action against its public employees and their union after an accelerated 14 day bargaining period.  It was undisputed that the Miami City Commission had not taken official action by ordinance, resolution or other legislative act to authorize the declaration.  The City claimed that the City Manager, as chief executive officer of the City, had authority to declare financial urgency without further action by the City Commission. 
 
Miami Charter and its Code of Ordinances set forth powers of the City Manager, which do not include power to declare fiscal urgency.  Issuing a temporary injunction, the court found that plaintiffs had established the presence of the usual four elements. 
 
The injunction shall be dissolved upon action by the City Commission declaring financial urgency pursuant to the terms of Section 447.4095, Florida Statutes.  If the City chooses not to take appropriate legislative action, the temporary injunction will preserve thestatus quo.  Fraternal Order of Police, Miami Lodge 20 v. City of Miami, Case No. 12-29802 (Fla. 11th Cir., August 20, 2012). 

 

 

 

Copyright, 1996-2012, all rights reserved.

Items in this Newsletter may be excerpts or summaries of original or secondary source material, and may have been reorganized for clarity and brevity. This Newsletter is general in nature and is not intended to provide specific legal or other advice.


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