HomeMy WebLinkAboutR-94-0493J-94-716
7/14/94
94- 493
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT A TRANSFER OF SURPLUS EDUCATIONAL
EQUIPMENT FROM DADE COUNTY PUBLIC SCHOOLS FOR
SUBSEQUENT DONATION TO THE GIDEON ACADEMY,
3501 W. FLAGLER STREET, MIAMI, FLORIDA, AT NO
COST TO THE CITY; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO ACCEPT SAID TRANSFER AND TO
EFFECT SAID DONATION.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized to
accept a transfer of surplus educational equipment from Dade
County Public Schools for subsequent donation to the Gideon
Academy, 3501 W. Flagler Street, Miami, Florida.
Section 2. The City Manager is further authorized/ to
execute the necessary documents, in a form acceptable to the City
Attorney, to accept said transfer and to effect said donation.
Section 3. This Resolution shall become effective
immediately upon its adoption.
The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited 'to those prescribed by
applicable City Charter and Code provisions.
CITY COMMISSION
MEETING OF
.dill I r, 1^,911
Reeolnlion No.
94 493
• 1
PASSED AND ADOPTED this 14th day of July 1994.
EPHEN pP_.?$CCL RK, MAYOR
ATTEST;
MATTY-HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
IRMA M. ABELLA
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS
A. NN J NES, III
CITY ATT NEY
IMA:csk:M4565
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
� T0:
Cesar Odio DATE June 24,1994 FILE
City Manager
SUBJECT
C)tA 4)
CM:Wifredo (Willy) Gort REFERENCES: City Attorney Memo
Commissioner
ENCLOSURES:
Would you please place on the July 14, 1994, Commission Agenda as a discussion item,
donation of school supplies to a non -religious school..
Thank you for your cooperation.
WGlbd
cc: The Honorable Mayor and City Commissioners
} Elvy Gallestegui
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CITY OF MIAMI, FLORIDA.
INTER -OFFICE MEMORANDUM
7O Commissioner Wifredo Gort DATE June 21, 1994 FILE
SUBJECT Donation of school supplies
to a non -religious school
I
FROM Rafael O. Diaz REFERENCES
Deputy City At rn y Letter from Sara Velazquez,
ENCLOSURES Gideon Academy
i
You have asked us to determine whether the City of Miami may
donate supplies to a private school located on the property of
Casa De Alabanza Church (the "Church"). The following is a brief
summary of my research in connection with this issue.
We have determined from the facts given to us that the
school has no religious affiliation, other than the fact it
leases space from the Church. The issue at hand is whether the
donation may violate the doctrine of separation of church and
state
The Supreme Court of the United States has established three
criteria which must be considered when determining if an act,
such as the proposed donation, violates the Establishment Clause,
which establishes the principle of separation of church and
state:
I. The legislative activity must have a secular
legislative purpose; and
2. The activity must avoid having its principal or
primary effect either advance or inhibit religion;
and
3. The activity must avoid an excessive government
entanglement with .religion.
Committee For Public Education and Religious Liberty vs.
Nyguist, 413 U.S. 756, 773 (1973).
If the proposed donation reflects a secular purpose, such as
advancing education, then the act would be deemed to have a
secular legislative purpose. The City would be donating school
supplies (i.e. desks, chairs, bookshelves, and materials
appropriate for Kindergarten students) to anon -religious private
school.
94e 493 3
Commissioner Wifredo Gort June 21, 1994
Page 2
1
We mentioned that the school simply leases space from the
Cl. ..:•ch. Therefore, because the school is not religiously
affiliated, the donation will neither advance nor inhibit
religion.
Avoiding an excessive government entanglement with religion
is key to the principle of separation of church and state.
Donating school supplies to a private, non -religious school whose
location is on the Church's property does not pose the problem of
government entanglement with religion.
In conclusion, because the school is not religiously
affiliated with any church, the City of Miami will not violate
the Establishment Clause by donating school supplies to a
private, secular school.