HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #8764
Date: 03/12/2021
Commission Meeting Date: 03/11/2021
Requesting Department: City Commission
Sponsored By: Alex Diaz de la Portilla
District Impacted:
Type: Resolution
Subject: Public Comment Process for Meetings
Budget Impact Analysis
Total Fiscal Impact:
Reviewed By
City Commission
Nicole Ewan
Meeting
Completed
03/11/2021 9:00AM
Legislative Division
Valentin J Alvarez
Legislative Division Review
Completed
03/18/2021 12:48 PM
Office of the City Attorney
Xavier Alban
ACA Review
Completed
03/18/2021 1:33 PM
Office of Management and Budget
Leon P Michel
Budget Review
Completed
03/18/2021 7:57 PM
Office of the City Attorney
Barnaby L. Min
Deputy Attorney Review
Completed
03/19/2021 7:01 AM
Office of the City Attorney
Victoria Mendez
Approved Form and Correctness
Completed
03/22/2021 12:12 PM
Office of the City Clerk
City Clerk's Office
Rendered
Completed
03/22/2021 10:08 PM
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City of Miami
Legislation
r=f Resolution
Enactment Number: R-21-0118
File Number: 8764
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:3/11/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER TO UPDATE THE MIAMI CITY COMMISSION'S PUBLIC COMMENT
PROCEDURES AND DISCONTINUE THE USE OF THE PUBLIC COMMENT
TELEPHONE LINE; FURTHER DIRECTING THE CITY MANAGER TO ENSURE THAT
ALL THE PROPER MECHANISMS AND PROCEDURES ARE IN PLACE TO PROVIDE
THE PUBLIC WITH A SAFE AND REASONABLE OPPORTUNITY TO BE HEARD ON
A PROPOSITION BEFORE THE MIAMI CITY COMMISSION.
WHEREAS, pursuant to Section 286.0114(2), Florida Statutes, "[m]embers of the public
shall be given a reasonable opportunity to be heard on a proposition before a board or
commission"; and
WHEREAS, Section 286.0114(4)(c), Florida Statutes, specifically authorizes the City of
Miami ("City") to "[p]rescribe procedures or forms for an individual to use in order to inform the
board or commission of a desire to be heard; to indicate his or her support, opposition, or
neutrality on a proposition"; and
WHEREAS, due to the novel coronavirus 2019 ("COVID-19") pandemic, on March 20,
2020, Florida Governor Ron DeSantis issued Executive Order 20-69, as extended and/or
amended by subsequent Executive Orders, suspending any Florida Statute that required a
quorum to be present in person or required a local government body to meet at a specific public
place, and authorizing local government bodies to conduct meetings using communications
media technology such as telephonic or video conferencing; and
WHEREAS, the City provided, among other avenues, the opportunity for the public to
call a public comment telephone line to provide live public comment directly to the City
Commission during such time as the City was conducting meetings using communications
media technology ("Virtual Public Comment Options"); and
WHEREAS, Executive Order 20-69 expired on November 1, 2020 at 12:01 a.m.
requiring local government bodies to physically meet in -person at such public location as is
allowed by law; and
WHEREAS, the City continued to offer various Virtual Public Comment Options for
approximately five (5) months after the expiration of Executive Order 20-69; and
WHEREAS, the City Commission finds that it is in the best interest of the City and the
public to discontinue the use of the public comment telephone line; and
WHEREAS, the City continues to provide the public with ample opportunities to provide
public comment on propositions before the City Commission in compliance with Section
286.0114, Florida Statutes; and
WHEREAS, pursuant to Section 2-33(f) of the Code of the City of Miami, Florida, as
amended, the Miami City Commission, by a majority vote, deems this Resolution to be of an
emergency nature in order to immediately protect the public's health, welfare, and safety;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings set forth in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Commission directs the City Manager to update the City
Commission's public comment procedures and discontinue the use of the public comment
telephone line.
Section 3. The City Commission further directs the City Manager to ensure that all the
proper mechanisms and procedures are in place to provide the public with a safe and
reasonable opportunity to be heard on a proposition before the City Commission.
Section 4. The Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
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Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.