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File ID: #15322
Resolution
Sponsored by: Commissioner Miguel Gabela
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.
City of Miami
Legislation
Resolution
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.
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, interalia, 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:
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:
nde` z, City Attor ey 1/2/2024