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HomeMy WebLinkAboutO-13147Vop City of Miami F .. 19611F A111 *'Ir Legislation i 0 R �O Ordinance: 13147 File Number: 10-00108 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 3/11/2010 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2 /ARTICLE XI/ DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/MAYOR'S INTERNATIONAL COUNCIL," MORE PARTICULARLY BY AMENDING SECTIONS 2-922 AND 2-923 TO MAINTAIN A SEPARATE, NON-PROFIT 501(C)(3) CORPORATION AND PROVIDE FOR THE MAYOR TO SERVE AS THE CHAIR OF THE COUNCIL; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor's International Council ("Council") implements and advises the Mayor and the City Commission in the areas of international trade, sister cities and protocol; and WHEREAS, currently, the Council has the power to maintain a separate, non-profit 501(c)(6), which pertains to Business Leagues, Chambers of Commerce, Real Estate Boards, Boards of Trade and Professional Football Leagues; and WHEREAS, the Council as it is presently formed does not fall within the above categories that qualify for a tax exemption under 501(c)(6); and WHEREAS, if the Council forms a 501(c)(3) corporation, it may qualify as a tax exempt entity; and WHEREAS, the Council desires to take advantage of a tax exempt status for the purpose of seeking funding from outside sources, similar to other Sister Cities Programs; and WHEREAS, the Council's ordinance provides that the City Commissioner appointed by the City Commission shall serve as Vice -Chair; and WHEREAS, additionally, the ordinance states that the Chair shall appoint a Vice -Chair from among the Council's members; and WHEREAS, the aforementioned provisions are inconsistent; and WHEREAS, the Council wishes to correct the above stated inconsistency by providing that the Mayor shall serve as the Chair of the Council; 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 and incorporated as if fully set forth in this Section. City of Miand Page I of 7 File Id. 10-00108 (Version: 1) Printed On: 7/18/2017 File Number: 10-00108 Enactment Number: 13147 Section 2. Chapter 2/Article XI/Division 3/Sections 2-922 and 2-933 of the Code of the City of Miami, Florida, as amended entitled "Administration/Boards, Commissions, Committees/Mayor's International Council" is amended in the following particulars:{1} "CHAPTER 2 ADMINISTRATION ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 3. MAYOR'S INTERNATIONAL COUNCIL Sec. 2-921. Mayor's International council created. A limited agency and instrumentality of the city to be known as the "Mayor's International Council" is hereby created and established. Use of the term "council" in this article shall mean the mayor's international council. Sec. 2-922. Purpose; powers and duties. (a) Purpose. The council shall: (1) Plan and implement the city's international trade promotion policies for the purposes of stimulating commercial and residential development and expanding the city's tax base through the promotion of foreign trade and local investment in accordance with the bylaws adopted by the council; (2) Serve in an advisory capacity for the city sister cities program to plan, implement, and oversee the city's international, professional, and technical educational and cultural exchanges, promotion and policies to create and stimulate friendly and meaningful relationships; and (3) Coordinate protocol requirements for national and international events and dignitaries pursuant to the standard and practices adopted by the council. (b) Powers and duties. Subject to city commission approval and compliance with the terms and conditions of any existing contractual obligations, the council shall: (1) Encourage the fullest and most active participation and cooperation of private enterprise by actively soliciting contributions and financial support from private business interests and any other governmental authorities for international trade promotion and business development; City of Miand Page 2 of 7 File Id. 10-00108 (Version: 1) Printed On: 7/18/2017 File Number: 10-00108 Enactment Number: 13147 (2) Establish independent bank accounts for deposit of revenues generated by the council and for disbursement of council expenses; (3) Purchase and sell services for international trade promotion and business development and the ability to create council -sponsored conferences, trade shows and trade missions on behalf of the city; (4) Maintain a separate, non-profit 501G6 501(c)(3) corporation for the purpose of seeking funding from outside sources; (5) Recommend affiliation to the city commission for approval of designation of national or international cities and geographic locations as sister cities to the city; (6) Form a committee for each sister city that will have a president with significant cultural and business ties to the sister city, said president to be appointed by the council; a. The sister cities committee president shall recruit members from the community at -large with membership criteria emphasizing significant cultural and business ties to the sister city countries having a sister city relationships with the city. b. Local consul general of the country of the individual sister cities will be afforded the opportunity to appoint an individual to the sister cities committee; thereby, assigning an ex officio member from the consul general's staff to be a liaison between the consulate and the committee. (7) Maintain an affiliation policy and direction of sister city committees established for each sister city of the city; and (8) Create, coordinate and manage policies and procedures for events related to the council's purpose and dignitaries visiting the city. (c) Notwithstanding any provisions to the contrary, the council shall exercise only such powers as are granted pursuant to this article. Sec. 2-923. Governing body: composition and appointments; terms of office and vacancies; membership eligibility requirements; oath; quorum and voting; meetings; attendance requirements; parliamentary authority and rules of procedure; and indemnification. (a) Composition and appointments, term of office. The council shall consist of 4-6 15 members (fifteenvoting members and one ^^r voting ex eff,,.,^ membeo who shall serve as set forth herein. All members, shall serve without compensation, but shall be reimbursed for necessary expenses incurred in official duties. The governing body shall consist of: (1) The mayor w#9 shall serve as chairperson of the council be an ov_^ffi^i^ non veto _ „ be and shall serve in accordance with the provisions of section 2-35 of this Code or until the mayor leaves office; and City of Miand Page 3 of 7 File Id. 10-00108 (Version: 1) Printed On: 7/18/2017 File Number: 10-00108 Enactment Number: 13147 {3) 2) Seven individuals appointed by the mayor who shall serve for a term of one year or until the mayor leaves office, whichever occurs first; and 0) 3) Seven individuals appointed by the city commission who shall serve for a term of four years, staggered with four individuals whose terms expire in 2005 and three in 2006. (b) Vacancies. Any person appointed by the mayor to fill a vacancy due to the death, resignation or removal of any member of the council shall serve only for the remainder of the unexpired term. No mayor -appointed member shall serve more than eight consecutive years on the council. Nothing set forth herein shall prohibit any individual from being reappointed after a hiatus of two years. (c) Membership eligibility requirements. (1) Each member of the council shall reside, work, own real property or maintain a business in the city and shall be an individual of outstanding reputation for integrity, responsibility and commitment to serving the community. Appointed members are expected to participate actively in the functioning of the council. The chairperson of the council shall have the power to appoint all members serving on the various committees which the council shall establish from time to time. (2) No member of the council shall become a candidate for elective political office during his or her term. Should any member of the council qualify as a candidate for elective political office, such qualification shall be deemed a tender of resignation from the council. (3) No employee of Miami -Dade County, Florida, or any municipality therein other than city employees, shall serve on or be appointed to the council. (d) Oath. Upon the effective date of appointment, or as soon thereafter as practicable, each member of the council shall assume the duties of a member of the council, but before doing so, shall take the oath prescribed by section 41(e) and (f) of the City Charter. (e) Officers. The chairperson shall appoint all members serving on the various committees which shall be established from time to time. The chairperson shall appoint a vice -chairperson from among the council's members. The vice -chairperson shall serve as chairperson in the absence of the chairperson. The council shall designate a secretary and such other officers as may be deemed necessary, who shall serve at the pleasure of the council. (f) Quorum and voting. At all meetings of the council, the members present shall constitute a quorum for the transaction of business, and each member shall have one vote on every issue submitted to a vote of the council. The act of a majority of the members present at a meeting at which a quorum is present shall be the act of the council. The members of the council shall make and adopt bylaws and rules and regulations. (g) Meetings. The council shall hold regular quarterly meetings and may hold such other meetings as it deems necessary. All meetings of the council shall be public. Written minutes of the proceedings of all actions taken at the meeting of the council shall be maintained by the council and shall be promptly and properly recorded and submitted to the city clerk. City of Miand Page 4 of 7 File Id. 10-00108 (Version: 1) Printed On: 7/18/2017 File Number: 10-00108 Enactment Number: 13147 (h) Attendance requirements. The provisions contained in section 2-886 of this article shall be applicable to the members of the council. (i) Parliamentary authority and rules of procedure. The parliamentary authority of the council shall be Robert's Rules of Order (current edition), unless the council adopts its own order of business and rules of 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 council meetings shall be furnished to the mayor, commissioners and the city manager. (j) Indemnification. The council shall maintain officers and directors liability insurance coverage at all times, in an amount and in a form satisfactory to the city's insurance manager. To the extent such coverage does not apply, the city shall indemnify the members in the same manner and to the same extent that it indemnifies all other city advisory boards. Nothing in this section shall be construed in any way to affect the laws relating to sovereign immunity. Sec. 2-924. Executive director; appointment, term, qualifications, compensation, general powers and responsibilities. There shall be an executive director who shall be appointed by the council subject to city commission approval. Additionally, each successor executive director shall be similarly appointed and approved. After hiring an executive director, the council shall submit monthly written reports and one annual oral presentation on the status of the council's operations and expenses to the city commission. The executive director shall be a person of good moral character and have an excellent reputation for integrity, responsibility, and business ability, but no council member shall be eligible for appointment as executive director. The executive director shall receive such salary as shall be fixed by the council, and approved by the city commission. The executive director shall take an oath before assuming any duties. The executive director shall act as the chief executive officer of the council. Subject to the policy directives of the council, the executive director shall have general supervision over and be responsible for the management and operation of all council properties, activities, and facilities. The executive director shall execute all contracts on behalf of the council after approval by the council. The executive director shall attend all meetings of the council, shall furnish the council a quarterly report with respect to the management, operation, and financial condition of the council, and shall from time to time have prepared and shall furnish such reports, audits and other information relating to the council as may be required by the council or the city. In the event that the executive director is for any reason temporarily incapable of exercising the powers and performing the duties and functions of the office, the council, with the consent of the city commission, may appoint an acting executive director to exercise such powers and to perform such functions and duties until such incapacity of the executive director ceases. Sec. 2-925. Employment of assistants. Subject to the policy directives of the council and budget limitations, the executive director may employ such assistants as are necessary to provide for the efficient operation of the council. Sec. 2-926. Counsel. The city attorney's office shall provide legal services to the council as may be necessary and City of Miand Page 5 of 7 File Id. 10-00108 (Version: 1) Printed On: 7/18/2017 File Number: 10-00108 Enactment Number: 13147 requested by the council. Sec. 2-927. Approval of budget. (a) Effective immediately, the council shall establish a fiscal year which coincides with that of the city. The council shall submit to the city commission, in a form acceptable to the city manager, and no later than April 1 preceding the commencement of each fiscal year, a council budget request pertaining to management, operation, maintenance and capital expenditures and delineating the financial responsibility of the city for certain categories including but not limited to: insurance, security, utilities, capital improvements and maintenance. Nothing contained herein shall be construed to prohibit the council from submitting a supplemental budget to the commission for approval. (b) No expenditure shall be made in any given year without approval by the city commission of the council budget for that year and all expenditure shall comply with city procedures for acquisition of goods and services. (c) In conjunction with the submission of the budget, the council shall submit a master plan reflecting the proposed operations, activities, improvements, and maintenance plans for the forthcoming fiscal year. The city commission may review and deny any item contained in the master plan within 30 days from the date of its submission by the council. (d) No provision contained in this article shall be construed to violate the Anti -Deficiency Act, as set forth in sections 18-500 through 18-503 of this Code. Sec. 2-928. Annual report and audit. (a) The council shall submit to the mayor and city commission an annual report and an annual audit. The audit shall be performed by an external auditor who is a certified public accountant. (b) Additionally, the city shall have the right to audit any books, accounts, expenditures, receivables, and contracts of the council at any time. Sec. 2-929. Abolition of council. The city commission, by an affirmative vote of three commissioners, may abolish the council, at which time the powers and duties of the council shall revert to the city and the city shall resume responsibility for the maintenance, operation and management of powers and duties of the council. Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption City of Miand Page 6 of 7 File Id. 10-00108 (Version: 1) Printed On: 7/18/2017 File Number: 10-00108 thereof.{2} Footnotes: Enactment Number: 13147 {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: 10-00108 (Version: 1) Printed On: 7/18/2017