HomeMy WebLinkAboutM-02-0135s
Scheider, Sylvia
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From: Vilarello, Alejandro
Sent: Saturday, January 26, 2002 10:54 AM
To: Diaz, Manuel A. (Mayor)
Cc: Illas, Francois; Perna, Lisette; Foeman, Walter; Scheider, Sylvia
Subject: Request that you call a special commission meeting so that I may request an executive
session to discuss the Parking Surcharge Case(s) and the Deloite Touche Litigation
Mayor,
It was my intention to ask the City Commission to meet in executive session at its next
meeting, [February 14th], to discuss the Parking Surcharge Cases and the Deloitte -Touche
Litigation. With the lateness of the meeting Thursday night I forgot to make the request. You
could help me make the request by calling a special commission meeting to be held during the
CRA meeting that is already scheduled for Monday night.
Your authority is to call a special meeting is derived from the following provision of the
City Code:
Sec. 2-33. Order of business and rules of procedure.
(k) Special meetings. Nothing in this section shall prohibit either the mby 'r,, or the
commissioner designated as the presiding officer of the city commission, or three c
commissioners, pone wtlnl na��ce aei,ivera.tv1�Ey�c:,ic�rtM�w�r:3?tc,t;
rn tc tgsva any lithe sdt IcV- h CAy`-e[eik, provided that reasonable advance notice of
same is given to the mayor, each member of the commission, city manager, city attorney
and the public. N'06;,bu� rt,6,s0:sha.11 bodohd:Uct d rel' vote._fi A. t' ...s'p0ie 1,pi g;
The exception to the Sunshine Law that allows the commission to meet in executive
session requires that the request be made at a public meeting. If I can get the request before
them Monday night they can decide if and when they will meet in executive session. The time
frame for the calling of any special meeting is generally defined as "a reasonable period".
Typically 24 hours is the rule. That would mean calling it sometime before Sunday at 5:30 PM.
In the event that I am unable to reach you or the city clerk before Monday morning we may be
able to encroach on the 24 hour rule because we will not be asking the city commission to take
any action.
Your memorandum to the City Clerk should read substantially as follows:
City Clerk:
I am requesting that a special meeting of the City Commission be convened on
January 28, 2002 immediately following the adjournment of the CRA meeting. The City
Attorney seeks to request, pursuant to Florida Statute 283.011(8), a closed attorney-
client meeting to be held on February 14, 2002 for discussion of pending litigation
related to McGrath vs. City of Miami and Miami -Dade County vs. City of Miami (Parking
Surcharge cases) and l0ding litigation related to Deloitte-T•he vs. City of Miami.
The statute requires that the request be made at a public meeting.
Mayor
The special commission meeting would be limited to the discussion of that specific request.
Thanks for your consideration.