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HomeMy WebLinkAboutO-13066Vop City of Miami F .. 19611F A111 *'Ir Legislation i 0 R �O Ordinance: 13066 File Number: 09-00402 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/14/2009 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS," BY ADDING A NEW DIVISION 20 AND SECTIONS ESTABLISHING THE EDUCATION ADVISORY BOARD ("BOARD"); AMENDING SECTION 2-892, ENTITLED " 'SUNSET' REVIEW OF BOARDS;" SETTING FORTH THE BOARD'S PURPOSE, POWERS, AND DUTIES; PROVIDING FOR COMPOSITION, APPOINTMENTS, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS, QUORUM, VOTING, MEETINGS, COUNSEL, STAFF, BUDGET APPROVAL, ANNUAL REPORT, FINANCIAL DISCLOSURE, ABOLITION AND SUNSET REVIEW; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the intention of the Miami City Commission that an Education Advisory Board provide oversight for matters related to the City of Miami Education Compact, improve and enhance communication between Miami -Dade County Public Schools and the City of Miami ("City"), recommend projects for improving and enhancing school facilities and advise the City Commission regarding matters relating to education and health, safety, transportation and quality of life issues that affect students; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 2/Article XI of the Code of the City of Miami, Florida, as amended ("City Code"), is amended in the following particulars:{1} "Chapter 2 ADMINISTRATION City of Miand Page 1 of 7 File Id. 09-00402 (Version: 1) Printed On: 6/19/2017 File Number: 09-00402 ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 20. EDUCATION ADVISORY BOARD Sec. 2-1309. Education Advisory Board - Establishment and Pu Enactment Number: 13066 The Education Advisory Board. is created to oversee matters related to the Citv of Miami Education Compact; improve and enhance communication between Miami -Dade County Public Schools and the City; recommend projects to improve and enhance school facilities; and advise the City Commission regarding matters relating to education, health, safety, transportation and quality of life issues that affect students. The Board shall provide written recommendations to the City Commission regarding any matter relating to education impacting the residents of the city. Sec. 2-1310. Powers and Duties. Powers and duties. Subiect to Citv Commission approval. as to anv implementation of its decisions, and compliance with the terms and conditions of any existing contractual obligations, the Education Advisory Board shall advise the City Commission on educational activities and - 1. communicate with the administration of each school within the city, and with those schools attended by city residents, regardless of the schools' location; and 2. serve as liaison between the city and Miami -Dade County Public Schools; and 3. serve as liaison among the city's residents, neighborhood associations, local businesses and the citv on educational issues: and 4. coordinate with the city and Miami -Dade County Public Schools regarding the use of schools and parks as community hubs; and 5. develop joint -use agreements where the city's parks and public schools can share resources to provide additional or expanded programming to the community; and 6. coordinate activities of the city with those activities of the local public schools, colleges and universities to promote educational opportunities for citizens and residents of the city; and 7. develop recommendations regarding programs which may be created to enhance educational opportunities in the city; and 8. develop proposed actions, including proposed legislation at the state, county, and federal levels, supports educational programs in the city; and 9. identify and advise the city on ways to attract state and federal programs and grants to support schools within the city; and 10. contact businesses within the city and businesses outside the city, but who do business with the city, to provide mentors, professional skills, materials, financial or educational suDDort for schools. City of Miand Page 2 of 7 File Id. 09-00402 (Version: 1) Printed On: 6/19/2017 File Number: 09-00402 Enactment Number: 13066 Sec. 2-1311. Governing body -composition and appointments; terms of office and vacancies; membership qualifications; procedures for appointment of members; oath; officers; quorum and voting; meetings; and attendance requirements. (a) Governing body -composition and appointments. The Education Advisory Board shall consist of twelve (12) members, seven (7) who shall be voting members, and five (5) ex -officio members who shall be designatged as follows: one (1) ex -officio non-voting student member (Youth representative); one (1) ex -officio non-voting School District representative; one (1) ex -officio non-voting Children's Trust representative; one (1) ex -officio non-voting Early Childhood representative: and one (1) ex -officio non-votina Post -Secondary Education representative, as hereinafter set forth. (b) Terms of office and vacancies. All members shall be appointed. The five (5) voting members shall be nominated by the members of the City Commission (one voting member per District Commissioner for a term of four years) and the Mayor shall appoint one (1) voting member. The City Manager shall nominate the remaining voting member for Commission approval. Voting members terms shall be four (4) years. The City Manager shall appoint the five (5) ex -officio non-voting members listed in Section 2-1311(a) above. (2) In order to fill a vacancy due to the death, resignation or removal of appointees of the Education Advisory Board, the Commission shall appoint the replacement as originally set forth in this subsection above. Such person shall serve only for the remainder of the unexpired term. (c) Membership qualifications. Education Advisory Board members shall be at least 18 years of age except for the ex -officio Youth representative. Each member shall be an individual of outstanding reputation for integrity, responsibility and commitment to serving the community; have a demonstrated interest in education and the vision of the Education Advisory Board; and is expected to participate actively in the functioning of the Education Advisory Board. The Education Advisory Board voting members shall either: (i) reside in the city, or (ii) own real property in the city; or (iii) work or maintain a business in the city. The ex -officio non-voting members will not be counted in determining if a quorum is present and will be exempt from membership qualifications and attendance requirements for municipal board members set forth in the citv code. Procedure for appointment of voting members. Qualifications of those to be considered as prospective appointees of the Education Advisory Board shall be submitted to the City Clerk. At least ten (10) days prior to the making of any appointment, the Commission shall make available to the public, and shall publicly make announcement of the fact, that the list of names submitted, together with a short statement of the qualifications of each person, is prepared and available for public inspection and consideration. In reaching a decision on the appointments. the Mavor and Commissioners shall aive due consideration to the names submitted City of Miand Page 3 of 7 File Id. 09-00402 (Version: 1) Printed On: 6/19/2017 File Number: 09-00402 Enactment Number: 13066 (e) Officers. The voting members of the Education Advisory Board shall elect from its voting members a chairperson and vice -chairperson, and a secretary and such other officers deemed necessary for a term of one year. The chairperson of the Education Advisory Board may appoint members to serve on the various committees which the Education Advisory Board shall establish from time to time. Nothing set forth herein shall prohibit the chairperson from being re-elected. Oath. Upon the effective date of appointment, or as soon thereafter as practicable, each member of the Education Advisory Board shall assume the duties of a member of the Education Advisory Board, but before doing so, shall take an oath or affirmation, to be filed and kept in the office of the city clerk, that he or she will support, protect and defend the constitution and laws of the United States of America and of the state. Lgj Quorum and voting. At all meetings of the Education Advisory Board, a minimum of four (4) voting members shall constitute a quorum for the transaction of business, and each voting member shall have one vote on every issue submitted to a vote of the Education Advisory Board. The decision of a majority of the voting members present at a meeting at which a quorum is present shall be the act of the Education Advisory Board. The members of the Education Advisory Board may make and adopt bylaws and rules for the Education Advisory Board's governance. Meetings. The Education Advisory Board shall hold regular quarterly meetings and may hold such other meetings as it deems necessary. All meetings of the Education Advisory Board shall be public. Minutes of the proceedings of all actions taken at the meeting of the Education Advisory Board shall be maintained properly recorded and submitted to the City Clerk. Rules of Procedure. The Education Advisory Board shall adopt and approve rules of procedure necessary to its governing and the conduct of its affairs, in keeping with the applicable provisions of the city Charter, ordinances and resolutions. Such rules of procedure shall be available in written form to persons appearing before the Board and to the public upon request. Attendance requirements. A voting member shall be automatically removed if, (a in a given calendar year he or she is absent from three (3) consecutive meetings; or (b) he or she is absent from four (4) properly noticed meetings within a twelve-month period without an excused absence. A member shall be deemed absent when is not present at the meeting at least seventy-five percent (75%) of its duration. The application of the provisions of this section may be waived by a four -fifth (4/5th) vote of the members of the Citv Commission. Vacancies. Vacancies in the membershia of the Education Advisory Board shall be filled in the manner set forth in subsection (b), above, for appointed members. Nothing shall arohibit anv individual from beina reaaoointed. (1) Removal. Members of the Education Advisory Board may be removed for cause by a vote of not less than three (3) members of the City Commission, upon written notice to the member, after a public hearing, unless the member noticed for removal waives such public City of Miand Page 4 of 7 File Id. 09-00402 (Version: 1) Printed On: 6/19/2017 File Number: 09-00402 Enactment Number: 13066 hearing in writing. However, whenever any member has had three consecutive absences or four total absences within a calendar year from the regularly scheduled meetings, the chairman of the Board shall certify same to the city clerk. The city clerk shall then inform the Mayor and the Commission in writing that the position has been declared vacant and a successor member must be appointed (m) Assignment of tasks: The City Manager shall provide for necessary staffing to assist the Education Advisory Board. Such staff, shall: Provide and perform necessary administrative duties. includina arovidi assistance to the Education Advisory Board regarding the scheduling of meetings of the Education Advisory Board, preparing agendas, and ensuring that proper notice is provided for such meetings. (2) Work with other city departments, public agencies, and private groups, as required, to provide information to the Education Advisory Board on activities and developments in the area of education, substantially impacting the residents of the city. (3) Submit the adopted minutes of each Education Advisory Board meeting to the city clerk, Mayor and the Commission. (4) Prepare summary reports of Board actions for review by the Board prior to delivery of the same to the City Manager or designee for delivery to the City Commission. 5) Review the Board's budaet. (6) Coordinate the research, development and preparation of reports and policies for projects initiated by the Education Advisory Board. (7) Serve as the community liaison between the city, the Education Advisory Board and the residents of the citv. (8) Follow through with the implementation of all decisions and actions approved by the Education Advisory Board. Coordinate oroiects of the Education Advisory Board with other communi organizations and governmental agencies. Sec. 2-1312. Compensation. Members of the Education Advisory Board shall serve without comaensation. but shall be reimbursed for expenses necessarily incurred in the performance of their duties, subject to the prior written approval of the City Manager. Sec. 2-1313. Counsel. City of Miand Page 5 of 7 File Id. 09-00402 (Version: 1) Printed On: 6/19/2017 File Number: 09-00402 Enactment Number: 13066 The Office of the City Attorney shall provide legal counsel to the Education Advisory Board as may be necessary and requested by the Education Advisory Board, from time to time. Sec. 2-1314. Sunset Review of the Education Advisory Board. Notwithstanding the provisions contained in Section 2-892 of this Code, the Education Advisory Board shall be initially reviewed in 2010. Thereafter the Education Advisory Board shall be reviewed every four years. Sec. 2-1315. Abolition of the Education Advisory Board. The City Commission may, by an affirmative vote, abolish the Education Advisory Board." Section 3. Chapter 2/ Article XI, of the City Code, is amended in the following particulars:{1} "Chapter 2 ADMINISTRATION ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY Sec. 2-892. "Sunset" review of boards. Commencing with the year 1995, each city board shall be reviewed in the following manner: (4) The following boards shall initially be reviewed in the following years and shall be reviewed every four years thereafter: j. 2007. City of Miand Page 6 of 7 File Id. 09-00402 (Version: 1) Printed On: 6/19/2017 File Number: 09-00402 Enactment Number: 13066 I. 2010: 1. Overtown Advisory Board/Overtown Community Oversight Board 2. Liberty City Community Revitalization Trust 3. Education Advisory Board Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 7 of 7 File Id. 09-00402 (Version: 1) Printed On: 6/19/2017