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Home My WebLink AboutSubstitution Memo from City AttorneyCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mdndez, City Attorney DATE: April 19, 2021 RE: April 22, 2021 Commission Meeting Agenda— Substitution of RE.3 -Directing the City Attorney to Prepare a Charter Question - Selection of Police and Fire - Rescue Chiefs. File No. 8829 Item RE.3 on the April 22, 2021 City Commission Agenda directs the City Attorney to prepare a Charter amendment to set forth a procedure for the selection, appointment, and approval by the City Commission for any future appointments by the City Manager for the offices of Police Chief and Fire -Rescue Chief. At the sponsor's request, the item is being substituted to reflect the removal of the language requiring City Commission approval within fourteen (14) days of the City Manager's appointment. CC. Arthur Noriega V, City Manager Miriam Santana, Agenda Coordinator Todd B. Hannon, City Clerk VM/BLM/GKW/vja/ag c� r. cn e82 q Scjb,<,li�vl�� doi r C�f� AHt IAy City of Miami s Legislation I it Resolution: City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8829 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 2-64 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), FOR CONSIDERATION AT THE CITY OF MIAMI GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2021, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO SET FORTH A PROCEDURE, COMMENCING IN NOVEMBER 2021, FOR SELECTING AND APPOINTING THE POSITIONS OF FIRE CHIEF AND POLICE CHIEF; MORE PARTICULARLY BY AMENDING SECTION 26 OF SAID CHARTER; FURTHER DIRECTING THE CITY ATTORNEY TO PRESENT SAID AMENDMENT% T% THE CITY COMMISSION AT THE JULY 8, 2021, CITY COMMISSION C; MEETING FOR APPROVAL. Cn SPONSOR(S): Commissioner Manolo Reyes WHEREAS, the City of Miami ("City") was incorporated by the Florida Legislafare'in 3' 1896 and operates pursuant to the Charter of the City of Miami, Florida ("Charter"); an�c rn tJ7 WHEREAS, the Charter has been amended from time to time as the governanc6=bf A City has evolved; and WHEREAS, the City Commission has concerns regarding how the recent selection process for the Police Chief was conducted; and WHEREAS, the positions of Fire Chief and Police Chief (collectively, "Chiefs") are two (2) of the most important positions in the City's government and it is critically important that the best and brightest persons are selected for those positions; and WHEREAS, the City Commission believes that the selection and appointment procedure for the Chiefs should be fair, open, and transparent; and WHEREAS, the City Commission believes a proposed amendment to the Charter to provide for a procedure for the selection of any future appointments by the City Manager to Chiefs will benefit the City; and WHEREAS, the City Commission wishes to submit the above -mentioned proposed amendments to the electorate for approval or disapproval at the City's General Municipal Election to be held on November 2, 2021; and WHEREAS, in accordance with Section 2-64 of the Code of the City of Miami, Florida, as amended ("City Code"), the City Attorney shall draft, with the assistance of any individual the City Attorney deems necessary, a Charter amendment within 120 days after the City Commission adopts a Resolution directing the City Attorney to prepare such amendment; City of Miami Pagel of 2 File ID: 8829 (Revision:) Printed On: 411612021 File ID: 8829 Enactment Number: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Attorney is directed to prepare an amendment to the Charter for consideration at the City's General Municipal Election to be held on November 2, 2021 proposing, upon approval of the electorate, to set forth a procedure, commencing in November 2021, for selecting and appointing the Chiefs of Police and Fire. Section 3. Pursuant to Section 2-64 of the City Code, the City Attorney is directed to present said amendment to the City Commission at the July 8, 2021 City Commission meeting for approval. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 2 of 2 File ID: 8829 (Revision:) Printed on: 411612021 City of Miami coOf. , " a ` Resolution: Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8829 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 2-64 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), FOR CONSIDERATION AT THE CITY OF MIAMI GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2021, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO SET FORTH A PROCEDURE, COMMENCING IN NOVEMBER 2021, FOR SELECTING AND APPOINTING THE POSITIONS OF FIRE CHIEF AND POLICE CHIEF AND REQUIRING APPROVAL BY A MAJORITY OF CITY COMMISSIONERS WITHIN FOURTEEN (14) DAYS OF ANY SUCH APPOINTMENT; MORE 9 PARTICULARLY BY AMENDING SECTION 4(D) AND SECTION 26 OFt.�AIf; CHARTER; FURTHER DIRECTING THE CITY ATTORNEY TO PRESENT SAD t� AMENDMENTS TO THE CITY COMMISSION AT THE JULY 8, 2021, C�T'Y COMMISSION MEETING FOR APPROVAL. SPONSOR(S): Commissioner Manolo Reyes '•A' c-- .. WHEREAS, the City of Miami ("City") was incorporated by the Florida Legislaturefo N 1896 and operates pursuant to the Charter of the City of Miami, Florida ("Charter"); and WHEREAS, the Charter has been amended from time to time as the governance of the City has evolved; and WHEREAS, the City Commission has concerns regarding how the recent selection process for the Police Chief was conducted; and WHEREAS, the positions of Fire Chief and Police Chief (collectively, "Chiefs") are two (2) of the most important positions in the City's government and it is critically important that the best and brightest persons are selected for those positions; and WHEREAS, the City Commission believes that the selection and appointment procedure for the Chiefs should be fair, open, and transparent; and WHEREAS, the City Commission believes a proposed amendment to the Charter to provide for a procedure for the selection, appointment, and the approval by a majority of the City Commission of any future appointments by the City Manager to Chiefs will benefit the City; and WHEREAS, the City Commission wishes to submit the above -mentioned proposed amendments to the electorate for approval or disapproval at the City's General Municipal Election to be held on November 2, 2021; and WHEREAS, in accordance with Section 2-64 of the Code of the City of Miami, Florida, as amended ("City Code"), the City Attorney shall draft, with the assistance of any individual the City of Miami Page 1 of 2 File ID: 8829 (Revision:) Printed On: 4/19/2021 File ID: 8829 Enactment Number: City Attorney deems necessary, a Charter amendment within 120 days after the City Commission adopts a Resolution directing the City Attorney to prepare such amendment; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Attorney is directed to prepare an amendment to the Charter for consideration at the City's General Municipal Election to be held on November 2, 2021 proposing, upon approval of the electorate, to set forth a procedure commencing in November 2021 for selecting and appointing the Chiefs and requiring approval by a majority of City Commissioners within fourteen (14) days of any such appointment. Section 3. Pursuant to Section 2-64 of the City Code, the City Attorney is directed to present said amendment to the City Commission at the July 8, 2021 City Commission meeting for approval. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: i ria i . dez, Ciry ttor ey 4/13/2021 Q N d -¢� N C� � 70 Cn �J N City of Miami Page 2 of 2 File ID: 8829 (Revision:) Printed on: 411912021