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HomeMy WebLinkAboutR-98-1218J-98-1230 (� 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 CM common MELT= OF DEC psim Resolution ka 9V-121V 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 - 2 - 98--1218 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 3 - 98`1218 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 - 4 - 98-1218 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 5 - �S-i it 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 W3115:BSS 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.