CITY OF SOUTH MIAMI

TO:

Mayor and Commission

Police Department Human Resource Department Finance Department City Clerk City Attorney

DATE:

August 15, 2013

FROM: Steven Alexander, City Manager RE: Acting Chief of Police

Last night at a special meeting of the City Commission, the Commission voted to confirm that the employment agreement that the City Commission had approved in the year 2010 between the City and Orlando Martinez de Castro for services as Chief of Police was terminated by the acts of Mr. Martinez de Castro and by operation of law. I directed a thorough review of all personnel actions pertinent to the applicable employment of Orlando Martinez de Castro. This research was conclusive as to the fact that Mr. Martinez de Castros employment was subject to the approval by the City Commission of an employment agreement, that there was no recommendation of the prior City Manager to hire Mr. Martinez de Castro following his resignation by operation of law and, it follows, that there was no consent of a majority of the members of City Commission at a duly noticed City Commission meeting, pursuant to the terms of the Charter, to the hiring of Mr. Martinez de Castro as a department head following the aforesaid resignation. Therefore, based on those facts and absent the above referenced employment agreement, there was no other basis for employment between the City and Mr. Martinez de Castro. To complicate matters further, Orlando Martinez de Castro has an existing lawsuit against the City. These facts made it clear, that in my capacity as City Manager, I had no alternative but to find that I had no Chief of Police in place. Subsequently, I have asked Major Rene Landa to serve as Acting Chief of Police until further notice and he has accepted with immediate effect.

END OF MEMORANDUM