HomeMy WebLinkAboutLGBTQ Ordinance 13891City of Miami
4 Legislation
Ordinance: 13891
File Number: 6924
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/13/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS
GENERALLY", TO CREATE NEW DIVISION 25/SECTIONS 2-1350, TO BE
TITLED "LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ")
ADVISORY BOARD", TO PROVIDE FOR THE COMPOSITION AND DUTIES
OF THE BOARD AND OTHER RELATED MATTERS; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Mayor Francis X. Suarez, Commissioner Alex Diaz de la Portilla,
Commissioner Ken Russell, Commissioner Joe Carollo, Commissioner Manolo
Reyes
WHEREAS, through activism and the arts, the lesbian, gay, bisexual, transgender, and
queer ("LGBTQ") community in Miami has a long and historic track record of leading restoration
and revitalization efforts in the City; and
WHEREAS, the Miami City Commission continues to establish policies designed to
promote inclusiveness and diversity in the City; and
WHEREAS, the Human Rights Campaign Foundation, which is the nation's largest civil
rights organization working to achieve equality for LGBTQ Americans, and which represents
more than 3 million members and supporters nationwide, and the Equality Federation Institute,
which is a movement builder and strategic partner to state -based organizations advocating for
LGBTQ people, published the 2018 "Municipal Equality Index: A Nationwide Evaluation of
Municipal Law ("MEI"), which examines how inclusive municipalities' laws, policies, and
services are of LGBTQ people who live and work in those municipalities; and
WHEREAS, for example, the MEI rates municipalities on how extensively their non-
discrimination laws protect LGBTQ individuals; how fairly and equally the municipality, as an
employer, treats its LGBTQ employees and their families; how justly law enforcement performs
its duties with respect to the LGBTQ community; and the city's leadership's public position on
LGBTQ equality; and
WHEREAS, although certain Florida municipalities such as Orlando, Tampa, Wilton
Manors, Oakland Park, and Fort Lauderdale have scored, on a scale from zero to 100, between
98 to 100, some municipalities in Miami -Dade County have not scored as well, such as the City
of Miami which scored 55; and
WHEREAS, The Miami City Commission wishes to continue to promote the CITY as a
place where LGBTQ and LGBTQ-friendly businesses and professionals and LGBTQ residents
and visitors are welcome to work, live, and play in our community and strive to get as high a
MEI rating as possible; and
City of Miami Page 1 of 5 File ID: 6924 (Revision:) Printed On: 2/25/2020
File ID: 6924 Enactment Number: 13891
WHEREAS, recent studies, such as those conducted by the National LGBT Chamber of
Commerce, which is the largest advocacy organization dedicated to expanding economic
opportunities and advancements for LGBTQ people, and the exclusive certifying body for
LGBTQ-owned businesses, have shown that localities which have inclusive policies that
embrace and promote the LGBTQ community, are more likely to attract more businesses,
visitors and LGBTQ individuals and families willing to move, live and work in such localities; and
WHEREAS, the creation of the LGBTQ Advisory Board will further increase the
involvement of the City with the LGBTQ community to ensure that local businesses and
governments promote LGBTQ friendly policies to create an LGBTQ friendly City that will attract
residents and professionals to live and work in the City; and
WHEREAS, the City Commission finds it to be in the best interests of the citizens,
residents and stakeholders of the City of Miami to amend the City Code to create a LGBTQ
advisory board to improve the quality of life for all;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. Chapter 2/Article XI/Division 25 of the Code of the City of Miami, Florida, as
amended, is amended in the following particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
DIVISION 25. LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY
BOARD
Section 2-1350. Creation.
There is hereby created and established the Lesbian, Gay, Bisexual,
Transgender, Queer ("LGBTQ") Advisory Board.
Section 2-1351. Composition; membership.
(a) Composition. The LGBTQ Advisory Board shall be composed of 7 voting
members appointed by the Mayor and City Commissioners. Each City
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 5 File ID: 6924 (Revision:) Printed on: 2/25/2020
File ID: 6924
Enactment Number: 13891
Commissioner and the Mayor may appoint one person to the LGBTQ Advisory
Board. The City Commission will make one at -large appointment.
(b) Qualifications. Each member of the LGBTQ Advisory Board shall be a
permanent resident and duly qualified elector of the City, unless the City
Commission waives the residency requirement by a two-thirds (2/3) vote of its
membership, and shall be of an outstanding reputation of integrity, responsibility,
and commitment to serving the community. The membership of the LGBTQ
Advisory Board shall be broadly representative of the various social, racial,
religious, linguistic, cultural, economic, national origin and geographic groups
comprising the population of the City. Each member shall have an outstanding
reputation for community pride, interest, integrity, responsibility, and business or
Professional ability and a documented commitment to the LGBTQ community.
(c) Vacancies. Vacancies shall be filled in the same manner by which the original
members were appointed, with a special emphasis on choosing persons who
represent the demographic composition of the entire community.
(d) Terms of office. The provisions set forth in section 2-885 of this article shall
apply to all members of the board.
Section 2-1352. Meetings; quorum and voting; attendance requirements; parliamentary
authority; rules of procedure; minutes; assignment of staff; legal counsel; and notices
and filing of records.
(a) Meetings. The board shall hold at least one regularly scheduled meeting
each month, except during the month of August. Other meetings of the board
may be scheduled at the call of the board's chairperson. All meetings shall be
open to the public and are subject to the Florida Sunshine Law or Florida Public
Records Law. The meetings shall be held at City Hall, located at 3500 Pan
American Drive, Miami, Florida, unless the board elects to hold a meeting at
another location and such location has been duly noticed.
(b) Quorum and voting. The provisions set forth in section 2-887 of this article
shall apply to all meetings of the board.
(c) Attendance requirements. The provisions set forth in section 2-886 of this
article shall apply to all members of the board.
(d) Parliamentary authority; rules of procedure. The board shall use Roberts
Rules of Order (current edition) as its parliamentary authority, or may adopt its
own order of business and rules of procedure governing its meetings, and
actions on matters within its jurisdiction, not inconsistent with the provisions set
forth herein, which rules of procedure shall be filed with the city clerk.
(e) Minutes. Copies of minutes of all board meetings shall be furnished to the
Mayor, Commissioners and the City Manager.
(f) Assignment of staff. It shall be the duty of the city manager to provide
administrative support to the board, which shall include the services of an
individual to keep minutes of meetings, maintain board correspondence, post
meeting notices, file reports and perform all other necessary support functions.
City of Miami Page 3 of 5 File ID: 6924 (Revision:) Printed on: 2/25/2020
File ID: 6924
Enactment Number: 13891
(g) Legal counsel. The City Attorney shall serve as legal counsel to the board.
(h) Notices and filing of records. The provisions set forth in section 2-888 of the
City Code shall apply to the board. Notice of meetings shall be posted by the City
Clerk at City Hall and other appropriate locations after being apprised by the
board of an upcoming meeting(s). Advertised public notice of meetings are not
required. It shall be the duty of the City Clerk to comply with applicable laws
related to filing of records and section 2-889 of the City Code.
(i) Election of officers. The board shall choose from among themselves a
chairperson and vice -chairperson to serve for terms of one (1) year each, and
shall choose other officers as they deem appropriate.
Section 2-1353. Powers and duties.
The LGBTQ Advisory Board shall have the following powers, duties, functions,
and responsibilities:
(a) To serve as a vehicle for a systematic and periodic assessment of the quality
of life of LGBTQ residents of and visitors to the City;
(b) To foster mutual understanding, tolerance, and respect for the LGBTQ
community in the City.
(c) To cooperate in the development of educational programs dedicated to the
improvement of the lives of LGBTQ residents and visitors by eliciting support
from public and private entities engaged in the inculcation of ideals of tolerance,
mutual respect and understanding for the LGBTQ community.
(d) To make recommendations to the City Commission with respect to all issues
affecting or relating to the LGBTQ community;
(e) To recommend solutions to the social, economic, cultural and political
problems in the LGBTQ community, as well as to serve as liaison between the
LGBTQ community and the City community at large;
(f) To encourage and attract LGBTQ businesses to the City, to assist LGBTQ
businesses located in the City, and to promote economic development,
especially mob creation in the City;
(g) To promote positive images and concepts of the LGBTQ community as well
as promote their many contributions to our society;
(h) To conduct studies through fact-finding and analysis of problems encountered
by the LGBTQ community;
(i) To examine and recommend revisions in Miami policies and procedures
having potentially negative consequences for LGBTQ individuals;
(m) To serve as a forum to which individuals and groups can express concerns
related to issues of homophobia and transphobia;
City of Miami Page 4 of 5 File ID: 6924 (Revision:) Printed on: 2/25/2020
File ID: 6924
k) To continue to strenathen ties with the laraer Miami commu
Enactment Number: 13891
(1) To conduct outreach to other entities and the community, including but not
limited to the City's LGBTQ community;
(m) To perform such other duties as may from time to time be assigned to it by
the City Commission.
*If
Section 3. If any section, part of section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1
Vi t6riilit-'nde�z, City Attor ey 12/3!2019
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 5 of 5 File ID: 6924 (Revision:) Printed on: 2/25/2020