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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00111 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE III/ DIVISION 4, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ADMINISTRATION/OFFICERS/CITY CLERK," MORE
PARTICULARLY BY AMENDING SECTION 2-143, TO PROVIDE A PROCESS
FOR TRANSFER OF ALL RECORDS KEPT BY MEMBERS OF THE CITY
COMMISSION AND THE MAYOR UPON LEAVING OFFICE; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the proper transfer of current public records kept by the members of the City
Commission and the Mayor upon such elected official leaving office is critical in order to ensure the
efficient transition of duties and operations to the incoming elected official;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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.
Section 2. Chapter 2/Article III/Division 4, of the Code of the City of Miami, Florida, as amended, is
amended in the following particulars:{1}
"Chapter 2
ADMINISTRATION
ARTICLE III. OFFICERS
DIVISION 4. CITY CLERK
* * * *
Sec. 2-143. City archives and records management program.
* * *
(c) Custodianship of public records. Custodianship of public records shall be the responsibility of
the city clerk, and in this regard, the maintenance of such records shall be in the care of the
City of Miami Page 1 of 2 Printed On: 2/21/2007
File Number: 07-00111
city departments, mayor and city commission offices or the city clerk's office, depending on
the life cycle of each document.
Members of the city commission and the mayor
shall upon leaving office ensure that all public records including electronic files required in the
current operation of the office remain accessible and in their respective offices and shall
transfer possession of such premises and all public records by delivering keys to the city
manager. Records not in current use shall be transferred to the city archives, and, upon
acceptance, the archives shall be considered the legal custodial site of such records.
Section 3. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
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}
APPROVED AS TO FORM AND CORRECTNESS:
JOR E. ' NANDEZ
CITY _ • ' EY
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 2 of 2 Printed On: 2/21/2007