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HomeMy WebLinkAboutR-00-0140r J-99-969 2/10/00140 RESOLUTION /10/00RESOLUTION .NO. A RESOLUTION OF THE MIAMI CITY COMMISSION REESTABLISHING THE CITY OF MIAMI CHARTER REVIEW AND REFORM COMMITTEE TO REVIEW THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CHARTER PROPOSALS, AND RECOMMEND 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 a City of Miami Charter Review and Reform Committee ("Charter Review Committee") pursuant to Resolution No. 98-1218, adopted on December 8, 1998, 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 WHEREAS, the City Commission approved the recommendations in part and submitted same to the electors of the City on November 2, 1999; and CITY COMMISSION MEETING OF FEB 1 0 2000 Resolution No. �- 4V WHEREAS, the City Commission requests further review of the City Charter including review of those recommendations which were previously considered by the Charter Review Committee; and WHEREAS, Section 2-883 of the Code of the City of Miami, Florida, as amended (the "Code"), sets forth the requirements for the creation of boards, which may only be established by Ordinance and under certain conditions; and WHEREAS, the City Commission, pursuant to Section 2-882 of the Code, may create a citizen's groups for specific advisory purposes where such groups existence is limited to a period of less than one year; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City of Miami Charter Review and Reform Committee ("Charter Review Committee") is hereby established for a period of ninety days, which time may be extended by the City Commission, if necessary. 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 Page 2 of 6V -® 1 U • LI, forwarded by the Mayor and each member the City Commission and previous Charter Review Committees. (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. (3) To hold public hearings to receive public input no less than two times during it existence, once during the first thirty (30) days of the establishment of the Committee, and no later than the last fourteen (14) days prior to the sunset of the Charter Review Committee. (4) To issue a final report. Section 4. Membership, qualifications. The Charter Review Committee shall consist of seven (7) regular members, fifty percent (50%) of whom shall be residents and electors of the City of Miami, and six (6) technical advisors who shall serve without compensation. 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: (1) A City Commissioner who shall serve as Chairperson. (2) A citizen of the City of Miami nominated by the Commission at -large, who shall be knowledgeable of Page 3 of 6 0— 4 0 the City Charter, Code and government procedures and processes, and who shall preside at meetings in the absence of the Chairperson. (3) An individual appointed by the Mayor. (4) Four (4) individuals, one (1) each appointed by the members of the City Commission, except for the Commissioner serving as Chairperson. (5) A six member technical advisory committee, to serve the -Charter Review Committee in an advisory capacity, consisting of six individuals, one individual designated by the mayor and each commissioner, who shall not vote on any matter before the Charter Review Committee, and shall not be required to attend meetings of the Charter Review Committee. The technical advisors shall be either attorneys or individuals with legal training. Section 5. Officers. The members of the Charter Review Committee shall select and designate from its members a secretary, and such other officers as may be deemed necessary, who shall serve at the pleasure of the Charter Review Committee. 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. Page 4 of 6. 4 0 Section 7. Meetings and quorum. All meetings of the Charter Review Committee shall be open to the public. A majority of 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. 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 9. 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 support to the Charter Review Committee, including assignment of personnel when requested by the Charter Review Committee, including administrative support, which shall include 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 5 of 6,' — %U Section 10. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.'/ PASSED AND ADOPTED this 10th day of February 1 2000. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, sinco Ahe Nlnyor did not Ird"Oelto tnproval of this legislation by signing it in the desi nat lace provided, lagisleflon now 1 P � /4"t, r becomes effective with the I pse f ten 10) w from the date of Co0 I veto. 7) regarding same, without the Ma or exerciAl. veto. /` 4� ATTEST: City Clark WALTER J. CITY CLEF NDRO VILARELLO ATTORNEY W3931:RCL:BSS 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. ht -A -7 - tt a � V. A qj Page 6 of 6 G U _ E � I