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File ID: #12267
Ordinance
Second Reading
Sponsored by: Alex Diaz de la Portilla, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER
OF BUSINESS AND RULES OF PROCEDURE" BY CREATING NEW SUBSECTION
(0) TO PROVIDE FOR THE AUTOMATIC CONTINUANCE OF CITY COMMISSION
MEETINGS WHEN A QUORUM IS NOT AVAILABLE; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 12267 (Revision: A) Printed On: 101412022
GS.,Y OFF
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City of Miami
Legislation
Ordinance
Enactment Number: 14087
File Number: 12267 Final Action Date: 9/13/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER
OF BUSINESS AND RULES OF PROCEDURE" BY CREATING NEW SUBSECTION
(0) TO PROVIDE FOR THE AUTOMATIC CONTINUANCE OF CITY COMMISSION
MEETINGS WHEN A QUORUM IS NOT AVAILABLE; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, on occasion the City Commission is unable to meet at its regularly
scheduled time and date due to a lack of quorum or other emergency; and
WHEREAS, there presently is no mechanism to address when the items that were on an
agenda of a meeting that has been cancelled due to a lack of quorum or emergency should be
properly heard; and
WHEREAS, many of the items on a typical City Commission agenda have some sort of
notice requirement that must be fulfilled prior to the item being heard in order to ensure that
procedural due process is properly afforded to interested parties; and
WHEREAS, when a City Commission meeting is cancelled due to a lack of quorum or
other emergency those items must be re -advertised and sometimes at great expense due to the
expedited nature of the notice requirement; and
WHEREAS, the lack of clear procedures can attract subsequent challenges to the City
Commission's action relating to the amount and type of notice that was provided for the
rescheduled item; and
WHEREAS, the creation of clear rules and procedures for continuing items will ensure
that the public is provided with required notice and will prevent challenges based upon the
amount of notice that was provided when items are rescheduled; and
WHEREAS, the Circuit Court of the Eleventh Judicial Circuit, Appellate Division in Save
Ca/usa, Inc. and Amanda Prieto v. Miami -Dade County, et al, Case No. 2021-67-AP-01,
recently upheld the actions of the County Zoning Board when a challenge arose relating to the
amount of notice that should have been provided when the Zoning Board had to reschedule
agenda items to a different date due to a lack of quorum; and
WHEREAS, the court found that because the County followed its established rules for
rescheduling meetings there was no due process violation and further found that procedural due
process does not require any additional notice by publication when an item is cancelled for lack
of a quorum; and
City of Miami File ID: 12267 (Revision: A) Printed On: 101412022
WHEREAS, the City Commission finds it to be in the best interests of the citizens and
residents of the City of Miami to amend its rules of procedure to provide for a more efficient
means of rescheduling City Commission meetings;
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 if fully set forth in this Section.
Section 2. Chapter 2, Article II, Section 2-33 of the Code of the City of Miami, Florida, as
amended, titled "Administration/Mayor and City Commission/Order of Business and Rules of
Procedure" is amended in the following particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE II. MAYOR AND CITY COMMISSION
Section 2-33. Order of business and rules of procedure.
(o). Whenever a scheduled City Commission meeting is cancelled or is not
held due to a lack of a quorum or other emergency, a special City Commission
meeting will be automatically scheduled for the Tuesday immediately following
the cancelled meeting. All of the scheduled agenda items from that cancelled
meeting shall automatically be scheduled as an agenda item at the special City
Commission meeting. The City Clerk shall then notify the Mayor, each member
of the City Commission, the City Manager, and the City Attorney. The City Clerk
shall also notify the public of the special meeting that is to take place by placing a
notice of the special City Commission meeting at the entrance of City Hall and
the City's main administrative building, placing a notice on the City's website,
and, if feasible, placing an ad in a newspaper of general circulation before the
special meeting on the immediately following Tuesday. There shall be no
additional notice by publication required for any such scheduled agenda item that
is moved to the special City Commission meeting.
*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 immediately after final reading and
adoption thereof.2
' 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 unchanaed material.
City of Miami File ID: 12267 (Revision: A) Printed On: 101412022
APPROVED AS TO FORM AND CORRECTNESS:
. -\�1
i ft6ria i "ndez, City Attor iey 7/1912022
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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 File ID: 12267 (Revision: A) Printed On: 101412022