HomeMy WebLinkAboutCity Attorney's Office Memo-Corrected Scrivener's ErrorCITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Priscilla A. Thompson
City Clerk
FROM: Julie O. Bru, City Attorneym,
DATE: May 29, 2008
RE: Corrected Scrivener's Error
Ordinance No. 12970, adopted February 14, 2008.
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A careful review of Ordinance No. 12970, adopted February 14, 2008, indicates that there is a
scrivener's error contained within the legislation. The ordinance was intended to simply change the
quorum requirement for the Community Relations Board ("CRB") found in Section 2-1152 of the Code of
the City of Miami, Florida, as amended. ("City Code"), and to remove superfluous language relating to a
steering committee that has long since been abolished.
As is customary in the drafting of amendments to the City Code, the previously existing section
was quoted and additions were marked by underscoring while deletions were marked by strikeouts. The
scrivener's error which is the subject of this discussion was not in the amended language, but rather was
included in the quoted language that did not change.
The cause of this error was actually set in place in 2003. In 2003 Ordinance No. 12434 was
adopted with the intent of changing the composition of the board by increasing the membership from
twelve (12) to thirteen (13) members by giving the mayor an additional appointee. The legislation, File
No. 03-0026, correctly reflected the change to Sec. 2-1152(1), in the following manner:
"A -1-2 13 member advisory board, all of whom shall be entitled to vote,
comprised of twe three members appointed by the mayor and ten members appointed
by the members of the commission, with each commissioner nominating two
individuals"
However, when the Municipal Code Corporation codified the change they incorrectly indicated
that the mayor only had two (2) appointments and not three (3). Municipal Code Corporation has been
notified of the error and is taking steps to correct it.
When Ordinance No. 12970 was adopted it included the incorrect language that indicated that the
Mayor only has (two) appointments when it should have properly reflected that the Mayor has three (3)
appointments. Therefore, the legislation has been corrected to reflect the proper number of Mayoral
appointments.
The attachment, which is a substitute original ordinance to replace the document you presently
possess as Ordinance No. 12970, has been revised to reflect the correct number of Mayoral appointments
to the CRB, and the legislation found in Legistar has also been corrected. This memorandum should be
attached to Ordinance No. 12970, so that any concern regarding the substitution of said Ordinance is
clarified.
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Attachments
cc: Ada Rojas, Office of Community Relations
George K. Wysong, 111, Assistant City Attorney
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