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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00438B Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 1, TO ESTABLISH A CITIZENS' BILL OF RIGHTS; PROVIDING THAT THE AMENDED CHARTER MAY BE REORGANIZED AND RENUMBERED; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. 1 WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON JANUARY 29, 2008; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; PROVIDING FOR NOTICE; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION; PROVIDING AN EFFECTIVE DATE FOR THIS RESOLUTION. WHEREAS, the Miami -Dade County Charter contains a Citizens' Bill of Rights that is applicable to municipalities in Miami -Dade County; and WHEREAS, on May 10, 2007, by its adoption of Resolution No. 07-0276, the City Commission directed the City Attorney to prepare a proposed Charter Amendment that would establish in the City Charter a Citizens' Bill of Rights containing some of the same provisions as are contained in the Miami -Dade County Citizens' Bill of Rights and some additional provisions; and WHEREAS, the proposed Charter Amendment is set forth in its final form in this Resolution; and WHEREAS, the proposed amendment shall be submitted to the electorate at the Special Municipal Election to be held on January 29, 2008, as called for and provided herein; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Charter of the City of Miami, Florida (Chapter 10847, Laws of Florida, as amended), is proposed to be amended by adding a new charter section containing a Citizens' Bill of Rights as set forth in the attached text in the following particulars:{1} City of Miami Page 1 of 7 Printed On: 8/28/2007 File Number.- 07-004388 "PART I CHARTER AND RELATED LAWS SUBPART A THE CHARTER * Sec. xx. Citizens' Bill of Rights * ILI This government has been created to protect the governed, not the governing. In order to provide the public with full and accurate information, to promote efficient administrative management, to make government more accountable, and to insure tb all persons fair and equitable treatment, the followinq_ rights are guaranteed: 1. Convenient access. Every person has the right to transact business with the City with a minimum of ersonal inconvenience. It shall be the duty of the City Manager and the City Commission to provide, within the Citv's budget limitations, reasonably convenient times and places for required inspections, and for transacting business with the City. 22. Truth in government. No municipal official or employee shall knowingly furnish false information on any public matter, nor knowingly omit significant facts when giving requested information to members of the public. 33 Public records. All audits, reports, minutes, documents and other public records of the City and its boards, agencies, departments and authorities shall be open for inspection at reasonable time and places convenient to the public. 4. Minutes and ordinance register. The City Clerk shall maintain and make available for public inspection an ordinance register separate from the minutes showing the votes of each member on all ordinances and resolutions listed by descriptive title. Written minutes of all meetings and the ordinance register shalt be available for public inspection not later than thirty (30) days after the conclusion of the meeting. 5. Right to be heard. So far as the orderly conduct of public business permits,anv interested person has the right to appear before the City Commission or any City agency, board or department for the presentation, adjustment or determination of an issue, request or controversy within the jurisdiction of the City. Matters shall be scheduled for the convenience of the public and the agenda shall be divided into approximate time periods so that the public may know approximately when a matter will be heard. Nothing herein shall prohibit the City or any agency thereof from imposing reasonable time limits for the presentation of a matter. 6. Right to notice. Persons entitled to notice of a City hearing shall be timely informed as to the City of Miami Page 2 of 7 Printed On: 8/28/2007 File Number: 07-00438B time, place and nature of the hearing and the legal authoritypursuant to which the hearing is to be held. Failure by an individual to receive such notice shall not constitute mandatory grounds for canceling the hearing or rendering invalid any determination made at such hearing. Copies of proposed ordinances or resolutions shall be made available at a reasonable time prior to the hearing, unless the matter involves an emergency ordinance or resolution. 7_ No unreasonable postponements. No matter once having been placed on a formal agenda by the City shall be postponed to another day except for good cause shown in the opinion of the City Commission, or agency conducting such meeting, and then only on condition that anv person so requesting is mailed adequate notice of the new date of any postponed meeting. Failure by an_ individual to receive such notice shall not constitute mandatory grounds for canceling the hearing or rendering invalid any determination made at such hearing. 8— Right to public hearing. Upon a timely request of any interested party a public hearing shall be held by anv City agency, board, department or authority upon any significant policy decision to be issued by it which is not subject to subsequent administrative or legislative review and hearing. This provision shall not apply to the law department of the City nor to anv body whose duties and responsibilities are solely advisory. At any zoning or other hearing in which review is exclusively by certiorari, a party or his counsel shall be entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. The decision of any such agency, board, department or authority must be based upon the facts in the record. Procedural rules establishing reasonable time and other limitations may be promulgated and amended from time to time. 9— Notice of action and reasons. Prompt notice shall be given of the denial in whole or in part of a request of an interested person made in connection with any municipal administrative decision or proceeding when the decision is reserved at the conclusion of the hearing. The notice shall be accompanied by a statement of the grounds for denial. 10. Manager's and attorneys reports. The City Manager and City Attorney shall periodically make a public status report on all major matters pending or concluded within their respective jurisdictions. 11. Natural resources and scenic beauty. It shall be the policy of the City of Miami to conserve andprotect its natural resources and scenic beauty, which policy shall include the abatement of air and water pollution and of excessive and unnecessary noise. 12. Nondiscrimination. No person shall be deprived of anv_ rights and privileges conferred by la w because of race, color, national origin, religion. gender, sexual orientation, disability, marital status, familial status, or age. (B) , The foregoing enumeration of citizens' rights vests large and pervasive powers in the citizenry of the City of Miami. Such power necessarily carries with it responsibility of equal magnitude for the successful operation of government in the City. The orderly, efficient and fair operation of government requires the intelligent participation of individual citizens exercising their rights with dignity and restraint so as to avoid any sweeping acceleration in the cost of government because of the exercise of City of Miami Page 3 of 7 Primed On: 8/28/2007 File Number: 07-004388 individual prerogatives, and for individual Citizens to grant respect for the dignity of public office. (C) Remedies for violations. In any suit by a citizen alleging a violation of this Bill of Rights filed in the Dade County circuit Court pursuant to tits general equity jurisdiction, the_plaintiff if successful shall be entitled to recover costs as fixed by the court. Any public official or employee who is found by the court to have willfully violated this article shall forthwith forfeit his office or employment. (D) Construction. All provisions of this article shall be construed to be supplementary to and not in conflict with the general laws of Florida onthe provisions of the Florida Constitution. If any part of this article shall be declared invalid, it shall not affect the validity of the remaining provisions. The Charter Amendment proposed in this'Section is known as Charter Amendment No. 1. Section 3. In accordance with the provisions of the City Charter and §5.03 of the Miami -Dade County Home Rule Charter, a Special Municipal Election is called and directed to be held in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M., on Tuesday, January 29, 2008, for the purpose of submitting to the qualified electors of the Pity of Miami for their approval or disapproval the measure known as Charter Amendment No. 1. Section 4. (a) In compliance with the Florida Election Code, the City Clerk is authorized and directed to publish notice of the adoption pf the herein Resolution and of the provisions hereof, at least twice, once in the fifth week and once in the third week prior to the week in which the aforesaid. election is to be held, in newspaper(s) of general circulation in the City of Miami, Florida, which notice shall be substantially as set forth in the following form: NOTICE OF SPECIAL MUNICIPAL ELECTION TO AMEND THE CHARTER TO BE HELD ON TUESDAY, JANUARY 29, 2008 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. A Special Municipal Election will be held on Tuesday, January 29, 2008, from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several election precincts designated by the Board of County Commissioners of Miami -Dade County, Florida, as set forth herein, unless otherwise provided by law, and submitting to the qualified electors of the City of Miami, Florida, the following question: "Shall the Miami Charter be amended to establish a Citizens' Bill of Rights to guarantee access to govemment, truth in government, access to public records, maintenance of minutes and ordinance register, right to be heard, right to notice, right to public hearing, no unreasonable postponements, prompt notice of actions and reasons, Manager's and City Attorney's reports, conservation and protection of natural resources and scenic beauty, and nondiscrimination, and providing for remedies and construction?" By order of the Commission of the City of Miami, Florida. Cite of Miami Page 4 of 7 Printed On: 8/28/2007 File Number: 07-00438B City Clerk A list of City pf Miami polling places follows: (Insert list of City of Miami Polling Places.) Section 5. The official ballot to be usecl at said Special Municipal Election shall be in full compliance with the Election Code of Florida with respect to absentee ballots and to the use of such voting machines as may be required by the Florida Election Code, and shall be in substantially the following form, to wit: .OFFICIAL BALLOT SPECIAL MUNICIPAL ELECTION TUESDAY, JANUARY 29, 2008 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: Charter Amendment to establish in the Miami Charter a Citizens' Bill of Rights. YES (For the measure) "Shall the Miami Charter be amended to establish a Citizens' -Bill of Rights to guarantee access to government, truth in government, access to public records, maintenance of minutes and ordinance register, right to be heard, right to notice, right to public hearing, no unreasonable postponements, prompt notice of actions and'reasons, Manager's and City Attorney's reports, conservation and protection of natural resources and scenic beauty, and nondiscrimination, and providing for remedies and construction?" NO (Against the measure) Section 6. The Special Municipal Election shall be held at the voting places in the precincts designated on Exhibit No. 1, or as may be designated by the Supervisor of Elections of Miami -Dade County, in conformity with the provisions of the Florida Election Code. Section 7. A description of the registration books and records which pertain to election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such City of Miami Page 5 of 7 Printed On: 8/28/2007 File Number: 07-00438B elections is as follows: All registration cards, books, records and certificates pertaining to electors of the City and established and maintained as official by the Supervisor of Elections of Miami -Dade County, in conformity with the provisions of the Florida Election Code, are adopted and declared to be, and shall hereafter be recognized and accepted as, official registration cards, books, records and certificates of the City. Section 8. The Precinct Election Clerks and Inspectors to serve at said polling places on said dates shall be designated by the Supervisor of Elections of Miami -Dade County, Florida, for such purposes in accordance with the general laws of the State. Section 9. Persons who are qualified to vote in this Special Municipal Election and who have not registered under the provisions of the Florida Election Code and Chapter 16 of the Code of the City of Miami, Florida, as amended, or who have transferred their legal residence from one voting precinct to another voting precinct in the City, may register at such branch offices as may be approved by the Supervisor of Elections of Miami -Dade County and at said Supervisor's office which will be open at the following location and during the following times: MIAMI-DADE COUNTY ELECTIONS DEPARTMENT 2700 Northwest 87th Ave, Doral, Florida Monday to Friday, inclusive: 8:00 A.M. - 5:00 P.M. Qualified persons may also register at branch offices and may also use any mobile registration van during such times and on such dates as may be designated by the Supervisor of Elections of Miami -Dade County. Section 10. PRISCILLA A. THOMPSON, the City Clerk of the City of Miami, Florida, is designated and appointed as the official representative of the Commission of the City of Miami, Florida, in all transactions with the Supervisor of Elections of Miami -Dade County in relation to matters pertaining to the use of the registration books for the holding of the herein general municipal election and the herein runoff .election. Section 11. The City Clerk shall cause to be prepared absentee ballots for the use of absentee electors entitled to cast such ballots in the Special Municipal Election being called for herein. Section 12. All qualified electors of the City shall be permitted to vote in this Special Municipal Election and the Supervisor of Elections of Miami -Dade County is requested, authorized, and directed to furnish, at the cost and expense of the City of Miami, a list of all qualified electors residing in the City of Miami as shown by the registration books and records of the Office of said Supervisor of Elections and duly certify the same for delivery to and for use by the election officials designated to serve at the respective polling places in said election precincts. Section 13. The City Clerk is authorized and directed to cause a certified copy of this Resolution to be delivered to the Supervisor of Elections of Miami -Dade County not Tess than 45 days prior to the date of the Special Municipal Election pursuant to applicable law. City of Miami Page 6 of 7 Printed On: 8/28/2007 File Number: 07-004388 Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: J�' F RNANDEZ CITY A ',TO' NEY Footnotes: {1 } Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now ih effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} If the Mayor does not sign this Resolution,lit shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the vetq by the City Commission. City of Miami Page 7 of 7 Printed On: 8/28/2007