HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15322 Final Action Date: 1/11/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION FINDING THAT IT IS IN
THE BEST INTEREST OF THE CITY OF MIAMI AND ITS RESIDENTS FOR
THE MAYOR TO BE PHYSICALLY PRESENT WHEN THE CITY COMMISSION
CONSIDERS ANY RESOLUTION, ORDINANCE, OR OTHER ITEM PLACED
OR SPONSORED BY THE MAYOR ON A CITY COMMISSION AGENDA
(COLLECTIVELY, "AGENDA ITEM"), DEFINING "PHYSICAL PRESENCE," AND
INAPPLICABILITY TO CO -SPONSORED AGENDA ITEMS; THE CITY
COMMISSION MAY DEFER TO AN ITEM PLACED OR SPONSORED BY THE
MAYOR ON A REGULAR CITY COMMISSION AGENDA UNTIL THE NEXT
REGULAR CITY COMMISSION MEETING IF THE MAYOR IS NOT
PHYSICALLY PRESENT WHEN THE ITEM IS CONSIDERED BY THE CITY
COMMISSION; THE CITY COMMISSION MAY WAIVE THE REQUIREMENTS
OF THIS RESOLUTION BY AN AFFIRMATIVE VOTE OF THREE (3)
MEMBERS OF THE CITY COMMISSION; THIS RESOLUTION SHALL NOT
APPLY TO THE ADOPTION OF AN EMERGENCY ORDINANCE IN
ACCORDANCE WITH SECTION 166.041(3)(B) OF THE FLORIDA STATUTES
OR ANY OTHER AGENDA ITEM DEEMED TO BE IN THE BEST INTEREST OF
AND TO PROTECT THE HEALTH, WELFARE, OR SAFETY OF THE PUBLIC.
SPONSOR(S): Commissioner Miguel Angel Gabela
WHEREAS, the powers and duties of the Mayor are outline in Section 4(g) of the
Charter of the City of Miami, as amended ("City Charter"); and
WHEREAS, the powers and duties of the Mayor include, inter alia, serving as the
presiding officer of the City Commission with the authority to designate another member of the
City Commission to serve as presiding officer; and
WHEREAS, pursuant to Section 2-33(c)(1) of the Code of the City of Miami, as amended
("City Code"), the Mayor, among others, may place items on a City Commission agenda; and
WHEREAS, pursuant to Section 2-33(1) of the City Code, the Mayor may also call a
special meeting; and
WHEREAS, the City Charter and the City Code does not require that the Mayor attend
City Commission meetings where the Mayor is the sponsor of a City Commission agenda item
or at a special city commission meeting called by the Mayor; and
WHEREAS, the City Commission generally has the authority to defer items on any given
City Commission agenda to a future regular City Commission agenda;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 15322 (Revision:) Printed On: 7/9/2024
File ID: 15322 Enactment Number:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. The City Commission finds it is the best interest of the City of Miami ("City")
and its residents for the City Commission to consider any Resolution, Ordinance, or other item
placed or sponsored by the Mayor on a City Commission agenda (collectively, "Agenda Item")
when the Mayor is physically present at the City Commission meeting. "Physically present" shall
mean the Mayor is sitting on the dais or physically present in City Commission Chambers. This
Resolution is not applicable to Agenda Items where the Mayor is a co-sponsor.
Section 3. If the Mayor is not physically present when the Agenda Item is considered by
the City Commission, then the City Commission may defer the Agenda Item until the next
Regular City Commission meeting. The Agenda Item may continuously be deferred by the City
Commission to the next available Regular City Commission meeting until the Mayor is physically
present at a meeting for the Agenda Item to be considered by the City Commission.
Section 4. The City Commission may waive the requirements of this Resolution by an
affirmative vote of three (3) members of the City Commission.
Section 5. This Resolution shall not apply to the adoption of an emergency ordinance in
accordance with Section 166.041(3)(b) of the Florida Statutes or any other Agenda Item
deemed to be in the best interest of and to protect the health, welfare, or safety of the public.
Section 6. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey ) 1/2/2024
City of Miami Page 2 of 2 File ID: 15322 (Revision:) Printed on: 7/9/2024