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Ordinance: 13182
File Number: 10-00661
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/10/2010
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2,
ARTICLE II, SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY
COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE", TO
PROVIDE FOR SUSPENSION OF THE DISTRIBUTION OF AGENDA ITEMS RULE
ONLY BY UNANIMOUS VOTE OF THE CITY COMMISSION; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Chapter 2, Article II, Section 2-33 of the Code of the City of Miami, Florida, as
amended, entitled "Administration/Mayor and City Commission/Order of Business and Rules of
Procedure" is amended in the following particulars:{1}
"CHAPTER 2
ADMINISTRATION
ARTICLE II. MAYOR AND CITY COMMISSION
Section 2-33. Order of business and rules of procedure.
(a)The rules and regulations regarding the procedure of the city commission at all regular meetings
are hereby established and adopted.
(b)The first order of business shall be the approval of the minutes of the previous meeting. A copy of
said minutes shall be distributed to the mayor and each of the commissioners prior to the meeting to
enable the mayor and each commissioner to review the contents thereof.
(c) After approval of the minutes of the previous meeting(s), all business that shall come before the
city commission shall be taken up in the order as such items of business appear on the city
commission agenda in accordance with the following provisions:
(1) The agenda shall be prepared by the city manager in an appropriate form approved, from time to
time, by the city commission. Matters may be placed on the agenda by the mayor, any member of the
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city commission, the city manager, the city attorney, the city clerk, and a city board as created by
resolution of the city commission or as defined in section 2-882 of this Code.
(2) Only the mayor, members of the city commission and the city manager may place a citizen on the
agenda. Any citizen shall be entitled to speak on any matter appearing on the agenda under the
agenda portions entitled "consent agenda," "public hearings," and "public discussion."
(3) Any citizen shall be entitled to be scheduled on the agenda of a regular meeting of the city
commission for presentation of information and material to be considered by the commission within
the scope of the jurisdiction of the city commission after the city manager has communicated with the
citizen and reviewed or investigated the citizen's issue, unless otherwise directed by the mayor or a
member of the city commission. If the city manager is able to resolve or remedy the concerns of the
citizen, the citizen may elect to withdraw the request to appear before the city commission. If the
matter is not or cannot be resolved or remedied by the city manager, then, at the will of the citizen,
the request for appearance shall be scheduled on the next available agenda and the city manager
shall submit a report in the agenda packet detailing actions taken to resolve or remedy the matter and
administrative recommendations.
(4) No citizen shall be entitled as a matter of right to address the city commission on any matter
appearing on the agenda which is not scheduled for public hearing or public discussion or which does
not appear thereon as a result of his or her placement, as described in paragraph (c)(2) hereof;
citizens so desiring to speak shall be allowed to speak only if permitted to do so by the presiding
officer of the city commission and if such permission is not withdrawn by a majority of the commission
members present.
(5) The total number of items that may be scheduled on a regular city commission agenda shall not
exceed 60 items.
(6) The lunch recess shall begin:
a. At 12:00 noon; or
b .At the conclusion of deliberations of the agenda item being considered at 12:00 noon; or
c. At the conclusion of statements made by the person who has been recognized to address the
commission immediately prior to 12:00 noon; or
d. At any time deemed appropriate by the city commission.
(7)The city commission meetings, shall adjourn:
a. At the conclusion of deliberation of the agenda item being considered at 10:00 p.m., unless the
time is extended by unanimous agreement of the members of the city commission then present, or
b. At the conclusion of the regularly scheduled agenda, whichever occurs first. This rule does not
apply to city commission meetings required for annual budget hearings.
(8) Any vote of the city commission pertaining to the establishment of a rescue mission, the
continuation of a rescue mission, or action relating to a rescue mission in the city that arises pursuant
to the zoning ordinance or comprehensive plan requires the concurrence of four affirmative votes.
(d) A copy of requests, petitions and applications shall be placed before the mayor and each member
of the city commission, supported by administrative memoranda and such information as may be
necessary to enable the city commission to reach a decision. All such requests, petitions and
applications, except in cases of extreme emergency, shall be in the hands of the city manager for a
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period of at least 21 days prior to a regular meeting, to enable the administration to prepare
necessary memoranda, data or reports.
(e) A copy of each agenda item including each resolution and ordinance and all attachments and
back-up material shall be furnished to the mayor and members of the city commission at least five
full business days before before each regular city commission meeting with the exception of veto
items. to enable the heads of the departments affeGted to prepare neGessary merneranda, data er
mss. This rule shall be deemed suspended unless invoked by a commissioner before the
commission takes action on the resolution or ordinance in question. Once the rule is invoked no
action can be taken on the resolution or ordinance unless the rule is suspended by unanimous vote of
the commissioners present. Nonscheduled ("pocket") items may be introduced for consideration at a
city commission meeting by the mayor, each commissioner, the city manager and the city attorney
provided that the city commission unanimously deems such resolution or ordinance to be of an
emergency nature.
(f)Consistent with the time frame requirements set forth in subsection 2-33(e) above, the following
shall be posted on the internet:
(1) The city commission agenda simultaneous with it's distribution;
(2) The supplemental agenda and any information related to the upcoming agenda simultaneous with
its distribution; and
(3) The city clerk's report and annotations to the agenda immediately after its release by the city clerk
subsequent to the city commission meeting to which it applies.
(g) All notices of all intentions to ask questions, together with a copy of such questions, shall be given
to the city manager five days before each regular meeting. In all questions of policy presented to the
city commission by the mayor, the city manager or any departmental head, notice thereof, together
with a copy of questions supported by memorandum setting forth the rules of action by the city
commission, shall be filed three days before the meeting and given to the mayor and each member of
the city commission.
(h) All ordinances shall be read by title only prior to passage. All resolutions shall be briefly described
upon a printed agenda, which agenda shall be furnished to the mayor and members of the city
commission at least five full business days before each regular city commission meeting.
(i)Unless further time to speak is granted by the presiding officer the city commission, any person
addressing the commission shall limit his or her address to two minutes.
Q) Unless impractical to do so, all portions of the agenda shall be scheduled to be heard at 9:00 a.m.
on the date of the city commission meeting. The agenda portion entitled "consent agenda" shall be
scheduled among the initial items for commission consideration. Consent agenda items that are
removed from the agenda prior to city commission consideration shall automatically be scheduled as
a regular agenda item at the next regularly scheduled meeting of the city commission, unless, by an
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unanimous vote of all commissioners present, the city commission considers such consent item as a
regular item at the same meeting.
(k) Any scheduled agenda item not considered prior to the adjournment of the first regular monthly
city commission meeting shall be perfunctorily regarded as a continued item and scheduled on the
next immediate month's first regular city commission agenda. Any scheduled agenda item not
considered prior to the adjournment of the second regular monthly city commission meeting shall be
perfunctorily regarded as a continued item and scheduled on the next immediate month's second
regular city commission agenda.
(1) Special meetings. Nothing in this section shall prohibit either the mayor, or the commissioner
designated as the presiding officer of the city commission, or three city commissioners, upon the
written notice delivered to the city clerk, from calling special meetings at any time set by the city clerk,
provided that reasonable advance notice of same is given to the mayor, each member of the
commission, city manager, city attorney and the public. No business shall be conducted or a vote
taken at a special city commission meeting on business other than the subject(s) for which the special
meeting is called.
(m) Any commissioner who so desires may be a signatory on city proclamations.
(n) If the engagement of an executive director, regardless of title, of any board as defined in section
2-882 of this chapter, is required to be approved, ratified, or confirmed by the city commission, prior to
such approval, ratification or confirmation, the individual engaged by a board shall make every
reasonable attempt to meet with each member of the city commission. The city clerk shall assure that
such meetings between the individual and the members of the city commission have been scheduled
prior to the meeting at which the city commission is to consider the ratification.
*11
Section 2. 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 3. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
Footnotes:
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{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.
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