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12/8/98 RESOLUTION NO.9 Q V +
A RESOLUTION ESTABLISHING A CITY OF MIAMI
CHARTER REVIEW AND REFORM COMMITTEE TO REVIEW
THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, AND ANY CHARTER PROPOSALS FORWARDED
BY THE MAYOR AND/OR THE CITY COMMISSION, AND
RECOMMEND AMENDMENTS NECESSARY TO REFORM
AND/OR UPDATE SAID CHARTER; SETTING FORTH
SAID COMMITTEE'S PURPOSE, POWERS, AND DUTIES;
TO PROVIDE FOR OFFICERS, MEETINGS; QUORUMS,
REQUIREMENTS FOR MEMBERSHIP, AND PROVIDING
FOR THE "SUNSET" OF SAID COMMITTEE.
WHEREAS, the City Commission wishes to establish a City of
Miami Charter Review and Reform Committee ("Charter Review
Committee") to review the City Charter and make recommendations
to the City Commission related to the update and amendment of
existing provisions; and
WHEREAS, it is estimated that the Charter Review Committee
will accomplish its review within three months; 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
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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
forwarded by the Mayor and/or each member the City
Commission.
(2) To serve in an advisory capacity to the City Commission
and recommend in writing any amendments necessary to
reform and/or update said Charter, providing, however,
that any member of the Charter Review Committee shall
be permitted to provide an alternative recommendation
in regard to any specific Charter change proposal.
(3) To recommend at least three alternative seven member
Commission Districts, including the presentation of
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maps with geographic boundaries and demographic
information, and a justification for each proposed
seven member district.
(4) 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.
(5) To issue a final report at the end of the 90 day
period, or later, if deemed necessary by the City
Commission.
Section 4. Membership, qualifications. The Charter
Review Committee shall consist of seven (7) regular members and
six (6) technical advisors who shall serve without compensation,
but 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) Commissioner Wifredo Gort who shall serve as
Chairperson.
(2) Victor de Yurre, nominated by the Commission at -
large, a distinguished elector of the City of
Miami and knowledgeable of the City Charter, Code
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and government procedures and processes, who shall
preside at meetings in the absence of Commissioner
Gort.
(3) An individual appointed by the Mayor who shall be
a qualified elector of the City of Miami.
(4) Four (4) individuals, one (1) each appointed by
the members of the City Commission, except for the
Commissioner serving as Chairperson, who shall be
qualified electors of the City of Miami.
(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
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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. 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 and assignment of personnel.
(1) 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.
(2) 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
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reports and perform all other necessary support functions.
(3) It shall be the duty of the City Clerk to comply with
applicable laws related to public notice and recordation of
meetings.
Section 9. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.1/
PASSED AND ADOPTED this 8th day of December , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indinat P-nn"!v
tlhls legislation by signing it In the designated place provided,
becomes effective with the elapse bten(ida s from the dalesol% without the Mayor veto.
ATTEST:
wjUWJ. Fo4man, City Clerk
WALTER J. FOEMAN
CITY CLERK
APPROVED AS 70 FORM A13D ORRECTNESS:&
ATTORNEY
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l� 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.