HomeMy WebLinkAboutLegal OpinionSEP-2E-2006 10:21
CITY ATTORNEYS OFFICE
305 416 1801
P.01
TO:
FROM:
DATE:
RE:
CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
LE OPINION - #06-006
Priscilla S. Thom . City rk
Jorge L. Fenian , it ttomey
September 29, 00
Membership Require
ents for the Community Relations Board
You have asked substantially the following question:
Whether one appointed to serve as a member of the Community Relations Board who
does not possess the necessary legal qualifications can continue to serve on the board until a new
member is appointed?
In your request you make reference to the fact that it has recently been determined that
several members of the Community Relations Board (hereinafter the "CRB") were appointed
without having met the qualifications required by the Code of the City of Miami, Florida
(hereinafter referred to as the "City Code"). Thus, these individuals were "ineligible" for
appointment.
At this point it would be helpful to discuss the qualifications for membership to the CRB.
The specific qualifications for membership to the CRB are found in Section 2-1152 of the City
Code as follows:
Section 1152 (b) Qualifications
(1) Board. The members of the board shall be broadly representative of
the social, racial, religious, linguistic, cultural, and economic groups comprising
the population of the city. Each member shall be a resident of the eity, with an
outstanding reputation for community pride, interest, integrity, responsibility, and
business or professional ability. (emphasis supplied)
This Office has been informed that three (3) individuals were appointed to the CRB who
are not residents of the City. Apparently it was known at the time of their appointment that they
were not residents of the City. They were appointed to the CRB nonetheless because the Office
of the Clerk interpreted the residency waiver requirement found in Section 2-884 of the City
Code to be applicable to the CRB.
This interpretation was unfortunately made notwithstanding the existence of Section 2-
881 which reads in pertinent part: "All of the requirements contained in this division shall apply
to all boards of the City of Miami unless there is any statutory or City Charter provision to the
contrary, or unless otherwise specifically provided in this article." Thus the provisions of
Section 2-884 of the City Code, including the residency waiver, are inapplicable to the CRB
since the CRB ordinance sets forth its own independent membership requirements.
Tn. rTTY ri gyp:( P uF :171n1 R=100
SEP-28-2006 10:22
CITY ATTORNEYS OFFICE 305 416 1801 F.02
Priscilla S. Thompson, City Clerk
September 29, 2006
Page 2 Re: Legaj Opinion #06-006
Having established that several CRB members are not qualified to serve has led to a new
issue with respect to the status of those members who are currently serving on boards without
possessing the required qualifications. Additionally, we have also been informed that one (1)
member has recently moved out of the City and is consequently no longer qualified to serve on
the CRB.
Pursuant to the legislative scheme under which city boards are created and appointments
thereto are undertaken, an individual who does not possess the requisite eligibility requirements
to serve on a board is to be immediately removed from the respective board. Specifically,
Section 2-884 (b) of the City Code states in pertinent part that the city clerk shall inform the city
commission whenever a board member has ceased to be in compliance with said eligibility
requirements for board membership and said board member shall be automatically removed from
the board, and the position is declared vacant.
Similarly, Section 2-886 Attendance requirements, which is applicable to the CRB
_because -there -is not a conflicting provisionin the CRB ordnance, provides that:
(a) Notwithstanding any other provision of this Code, any board member
shall be automatically removed if, in a given calendar year.
(1) He or she is absent from three consecutive meetings; or
(2) He or she is absent from four of the board's meetings;
Therefore any member of the CRB who has excessive absences must also vacate their
position.
Please note that Section 1152 (c) of the City Code provides that "All members shall
continue to serve until their successors have been appointed and qualified." This provision may.
not be used to authorize the continued membership of an "ineligible individual" or an individual
who ceased to maintain the legal qualifications.
JLF/GKW
52042
SFP-23-2008 05:10PM From: 305 418 1801
ID:CITY CLERK Pase:002 R=100%