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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #15120 Resolution Sponsored by: City Commission A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE CONTRACTUAL AGREEMENT WITH VICTORIA MENDEZ AS THE CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA FOR A PERIOD OF FIVE (5) MONTHS, WITH COMPENSATION AND EMOLUMENTS TO REMAIN THE SAME; FURTHER ESTABLISHING A SELECTION COMMITTEE TASKED WITH THE COMPREHENSIVE EVALUATION AND INTERVIEW OF PROSPECTIVE CANDIDATES FOR THE POSITION OF CITY ATTORNEY; PROVIDING THE SELECTION COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, MEMBERSHIP APPOINTMENT QUALIFICATIONS, AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, PUBLIC NOTICE, AND SUNSET; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami Legislation Resolution Enactment Number: R-24-0018 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15120 Final Action Date:1/11/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE CONTRACTUAL AGREEMENT WITH VICTORIA MENDEZ AS THE CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA FOR A PERIOD OF FIVE (5) MONTHS, WITH COMPENSATION AND EMOLUMENTS TO REMAIN THE SAME; FURTHER ESTABLISHING A SELECTION COMMITTEE TASKED WITH THE COMPREHENSIVE EVALUATION AND INTERVIEW OF PROSPECTIVE CANDIDATES FOR THE POSITION OF CITY ATTORNEY; PROVIDING THE SELECTION COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, MEMBERSHIP APPOINTMENT QUALIFICATIONS, AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, PUBLIC NOTICE, AND SUNSET; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, pursuant to Section 4(e) of the Charter of the City of Miami, Florida, as amended ("City Charter"), the City Commission is obligated to elect and appoint a City Attorney; and WHEREAS, pursuant to Resolution No. 13-0361 adopted September 12, 2013, the City Commission elected and appointed Victoria Mendez ("Mendez") as the City Attorney; and WHEREAS, Section 21 of the City Charter requires the City Attorney to be reappointed after each general municipal election; and WHEREAS, the contractual agreement with Mendez should be extended for five (5) months with the same compensation and emoluments she currently receives; and WHEREAS, the City Commission desires to establish a selection committee tasked with evaluating and interviewing prospective candidates for the position of City Attorney; and WHEREAS, Chapter 2, Article XI, Division 2, Section 2-883 of the Code of the City of Miami, Florida, as amended ("City Code"), allows for the creation of new boards by either Ordinance or Resolution; and WHEREAS, the number, qualifications, responsibilities, and manner of appointment of the Selection Committee members are set forth in this Resolution; and WHEREAS, the City Commission finds it is in the best interests of the City that this Resolution be adopted; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby extends the contractual agreement with Mendez for five (5) months with the same compensation and emoluments she currently receives. Section 3. The City Commission hereby establishes a Selection Committee consisting of five (5) voting members. Section 4. Composition, Appointment, and Qualifications. a. Each District Commissioner shall each be afforded one (1) appointment. b. The five (5) members shall be members in good standing with the Florida Bar and demonstrate expertise in governmental law, and have a minimum of ten (10) years of practical experience. Section 5. Purpose; Attendance; Vacancies. The purpose, powers, and duties of the Selection Committee are as follows: a. The Selection Committee will meet periodically but at least monthly beginning as soon as enough members are appointed to constitute a quorum. The will meet at publicly noticed meetings complying with Florida's Sunshine Law, Chapter 286, Florida Statutes, and, acting by and through its Chairperson, will deliver its recommendations to the City Commission. b. At the conclusion of the City Commission's consideration of the Selection Committee's written recommendations, the responsibilities of the Selection Committee shall be deemed completed and the Selection Committee will automatically sunset. c. It is expected that the appointed members of the Selection Committee attend each meeting. Attendance requirements and removal from the Selection Committee shall be pursuant to Section 2-886 of the City Code. d. Vacancies on the Selection Committee shall be filled pursuant to Section 2-885(a)(3) of the City Code. Section 6. Officers. At the initial meeting, the members of the Selection Committee shall select and designate a Chairperson and Vice -Chairperson from among the members of the Selection Committee who shall serve at the pleasure of the Selection Committee. Section 7. Meetings and Quorum. All meetings of the Selection Committee shall be noticed and open to the public and three (3) members, then appointed, shall constitute a quorum for the purpose of convening any meeting. An affirmative vote of a majority of the members present and voting at any meeting is required for any action to be taken by the Selection Committee. Section 8. Rules of Procedure; Roberts Rules of Order. The Selection Committee may adopt its own order of business and rules of procedure governing its meetings and take 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. If no such rules of procedure are expressly adopted, the Selection Committee shall use Robert's Rules of Order without the necessity of other action. Robert's Rules of Order will govern in the event the adopted rules of procedure are silent on an issue. The Selection Committee shall comply with all requirements of Chapters 119 (Public Records) and 286 (Sunshine Law), Florida Statutes. The minutes of each meeting shall be promptly made available and such records shall be open to public inspection. Copies of minutes of all Selection Committee meetings shall be furnished to the Mayor, City Commissioners, City Attorney, and City Manager. Section 9. Legal Counsel. The City Attorney's Office shall serve as legal counsel to the Selection Committee and shall provide legal advice on all matters considered by the Selection Committee. The City Attorney or designee shall provide legal support to the Selection Committee and attend all Selection Committee meetings. Section 10. Assignment of Staff. It shall be the duty of the City Manager to provide full cooperation and sufficient personnel for necessary administrative support to the Selection Committee. It shall be the duty of the Selection Committee `s liaison to keep minutes or cause said minutes to be taken at all meetings, maintain Selection Committee correspondence, post meeting notices with the City Clerk, file reports, and perform all other necessary support functions. Section 11. Sunset. This Selection Committee will automatically sunset once its recommendations have been delivered through the Selection Committee's Chairperson to the City Commission. Section 12. The City Manager is hereby directed promptly to publicize the City Attorney position through prominent legal publications and any other suitable means. This dissemination should be immediate and with the explicit objective of expeditiously identifying a qualified replacement for the City Attorney, no later than Friday, May 3, 2024. Section 13. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: John G. , Deputy City Attorney 12/5/2023 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.