§ 4.2. Prohibitions.

(A)

Appointment and Removals. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any City employees, whom the City Manager or any of his/her subordinates are empowered to appoint. The Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees.

(B)

Interference With Administration.

(1)

Except for the purpose of inquiries and investigations made in good faith and in accordance with a resolution adopted by the Council, the Council 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 Council nor its members shall give orders to any such employee, except the City Manager and the City Attorney, either publicly or privately. It is the express intent of this Charter that recommendations for improvement in City government operations by individual Council members are made solely to and through the City Manager. Council members may discuss with the City Manager any matter of City business; however, no individual Council member shall give orders to the City Manager.

(2)

Any willful violation of this Section by the Mayor or any Council member shall be grounds for his/her removal from office by an action brought in the Circuit Court by the State Attorney of Miami-Dade County.

(C)

Holding Other Office. No elected City Official shall hold any appointed City Office or, City employment while in office, or any other county, state or federal elected office. No former elected City official shall hold any compensated appointive City office or City employment until one (1) year after the expiration of his/her term.

State law reference

Dual office holding, Fla. Const. art. II, § 5(a).