The URL can be used to link to this page

Home My WebLink AboutR-03-0516J-03-464 5/14/03 RESOLUTION NO. 0 3 A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE CITY OF MIAMI CHARTER REVIEW AND REFORM COMMITTEE TO REVIEW THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND RECOMMEND CHARTER PROPOSALS AND AMENDMENTS NECESSARY TO REFORM AND/OR UPDATE SAID CHARTER BY SETTING FORTH SAID COMMITTEE'S PURPOSE, POWERS, DUTIES, AND QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; AND PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS AND QUORUM, LEGAL COUNSEL, ASSIGNMENT OF PERSONNEL, PUBLIC NOTICE AND THE "SUNSET" OF SAID COMMITTEE. WHEREAS, the City Commission established the City of Miami Charter Review and Reform Committee ("Charter Review Committee") pursuant to Resolution No. 98-1218 and 00-140, adopted on December 8th, 1998 and February 10th, 2000, to review the City Charter and make recommendations to the City Commission related to the update and amendment of then existing provisions; and WHEREAS, the Charter Review Committee recommended certain changes to the Charter of the City of Miami, and the City Commission approved the recommendations in part and submitted same to the electors of the City on November 2nd, 1999 and November 6, 2001; and CITY COMMISSION MEERIN 3 OF MAY 2 2 9P11 Resolution No. 03- 516 WHEREAS, the reestablished Charter Review and Reform Committee sunsetted on June 11, 2001; and WHEREAS, the City Commission has determined that it is necessary to establish a Charter Review Committee and to review the Charter and present its recommendations for proposed Charter amendments to the City Commission so that approved amendment proposals may be timely prepared by the City Attorney and submitted to the electorate for referendum on November 4, 2003; 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 of Miami Charter Review and Reform Committee ("Charter Review Committee") is established for a period of one year, which time may be extended by the City Commission, if necessary. Page 2 of 7 03- 516 Section 3. Purpose, Powers and duties. The purpose, powers and duties of the Charter Review Committee are: (1) to review the Charter of the City of Miami, Florida, as amended (the "Charter"), and any Charter proposals forwarded by the Mayor and each member the City Commission and previous Charter Review Committees; and (2) to serve in an advisory capacity to the City Commission and recommend in writing any amendments necessary to reform and update said Charter, providing, however, that any member of the Charter Review Committee will be permitted to provide an alternative recommendation regarding any specific Charter change proposal; and (3) to hold public hearings to receive public input assuring that such hearings are no later than the last fourteen (14) days prior to the sunset of the Charter Review Committee; and (4) to issue a final report. Section 4. Membership, qualifications. The Charter Review Committee shall consist of (7) seven regular members, fifty percent (50%) of whom shall be residents and electors of the City of Miami, and three (3) technical advisors, all of whom shall serve without compensation. Each member shall have an interest in, or experience relating to, the City Charter, City Code, governmental procedures and process. Members shall be reimbursed for necessary expenses incurred in official duties, as may be determined and approved by the City Commission, and shall be composed as follows: Page 3 of 7 03' 516 (1) the Chairman of the City Commission will serve as Chairperson of the Charter Review Committee; and (2) a citizen of the City of Miami nominated by each City Commissioner, with the exception of the Chairman of the City Commission, who shall be knowledgeable of the City Charter, Code and government procedures and processes; and (3) two (2) individuals appointed by the Mayor, whom shall be knowledgeable of the City Charter, Code and government procedures and processes; and (4) a three member technical advisory committee, to serve the Charter Review Committee solely in an advisory capacity, consisting of three individuals, one individual designated by the Mayor, one by the City Commission at -large and one individual designated by the City Administrator, who shall not vote on any matter before the Charter Review Committee, but shall be required to attend meetings of the Charter Review Committee. The technical advisors shall be either attorneys or individuals with legal or other relevant academic training. Section 5. Officers. The members of the Charter Review Committee shall select and designate from its members a Vice-chairman, and such other officers as may be deemed necessary, who shall serve at the pleasure of the Charter Review Committee. The Chairperson shall reserve the right to appoint an executive committee and to delegate tasks to various subcommittees of the whole. Decisions of the executive committee and subcommittees are subject to ratification by the full Charter Review Committee. Page 4 of 7 03" 516 Section 6. Rules of procedure. The Charter Review Committee 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. Copies of minutes of all Board meetings shall be furnished to the Mayor, Commissioners and the City Manager. Section 7. Meetings and quorum. All meetings of the Charter Review Committee shall be open to the public. The Charter Review Committee members present shall constitute a quorum for the purpose of convening any meeting. An affirmative vote of not less than fifty percent (50%) of the members present and voting at any meeting is required for any action to be taken by the members. Section 8. Attendance requirement. Any member shall be automatically removed for failure to attend more than (3) meetings of the Charter Review Committee. Section 9. Vacancies. Vacancies shall be appointed pursuant to the provisions contained in Section 4 hereinabove. The appointment(s) may be made at the next regularly scheduled meeting of the City Page 5 of 7 03- 516 Commission. If no appointment is made at the next regularly scheduled meeting of the City Commission, the chairperson may make such appointment subject to ratification by the City Commission as soon as practicable. Section 10. Legal counsel. It shall be the duty of the City Attorney to provide legal counsel and designate sufficient support staff to the Charter Review Committee. The City Attorney may engage the services of special or outside counsel, subject to budget resources, who is an expert and has had experience in charter review and reform. Section 11. Assignment of staff, providing for public notice and recordation of meetings. (a) Assignment of staff. It shall be the duty of the City Manager to provide full cooperation and sufficient administrative and necessary support to the Charter Review Committee, including assignment of personnel. The City Clerk shall provide the services of an individual to keep minutes of meetings, maintain Charter Review Committee correspondence, post meeting notices, file reports and perform all other necessary support functions. (b) Providing for public notice. It shall be the duty of the City Clerk to comply with applicable laws related to public notice and recordation of meetings. Page 6 of 7 03— 516 Section 12. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.'/ PASSED AND ADOPTED this 22nd day of May , 2003. G G _.G MANUEL A. DIAZ,. YOR ATTEST: PR ILLA A. THOMPSON CT9q CLERK APPROV AS O FORM CORRECTNESS :/ ATTORNEY 254:tr:AS:BSS 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 7 of 7 03— 516 Alonso, Elvi G. CA=16 From: Balzebre, Frank Sent: Wednesday, May 14, 2003 10:22 AM To: Alonso, Elvi G. Cc: Illas, Francois; Ortiz -Petit, Ignacio; Vilarello, Alejandro; Maxwell, Joel E. Subject: FW: J-95 Importance: High Dear Elvi, Please consider this email as our cover memo for putting this revised and latest edition of "Charter Review Committee" resolution as a Consent Agenda item for May 22, 2003. Please feel free to call me with any questions. Thank You, Frank Balzebre Chief of Staff Office of Commissioner Winton ----Original Message ----- From: Illas, Francois Sent: Tuesday, May 13, 2003 12:19 PM To: Balzebre, Frank Cc: Ortiz -Petit, Ignacio; Alonso, Elvi G.; Maxwell, Joel E.; Vilarello, Alejandro; . Subject: 1 -95 ----- CHARTER REVIEW LANGUAGE (REV).... 03- 516