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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00275 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE CITY OF MIAMI CHARTER REVIEW AND REFORM COMMITTEE TO REVIEW THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND RECOMMEND CHARTER PROPOSALS AND AMENDMENTS NECESSARY TO UPDATE THE CHARTER; STATING THE COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, AND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") was incorporated by the Florida Legislature in 1896 and operates pursuant to its City Charter; and WHEREAS, the City Charter has been amended from time to time as the governance of the City has evolved; and WHEREAS, from time to time when the City Commission deems it necessary and in 2003, the City Commission established a Charter Review and Reform Committee to conduct comprehensive charter review to update the City Charter; and WHEREAS, the City Commission has determined that the City Charter presently contains provisions that would benefit from review; and WHEREAS, the City Commission has determined that it is necessary to establish a Charter Review and Reform Committee; and WHEREAS, the Charter Review and Reform Committee is empowered to conduct a -comprehensive-review-of-the-City-ehharter-anti-propose-amendments-to-itTand- WHEREAS, any proposed amendments shall be presented to the City Commission for approval within twelve (12) months of the establishment of the Charter Review and Reform Committee; 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 City of Miami Charter Review and Reform Committee of 2011 ("Charter Review Committee") is established for a period of one (1) year, from the date of the Committee's initial City of Miami Page 1 of 4 File Id: 11-00275 (Version: 1) Printed On: 4/1/2011 File Number: 11-00275 meeting which time may be extended by the City Commission, if necessary. The Charter Review Committee's responsibility shall be deemed completed upon submission of its recommendations. Section 3. Purpose, Powers and Duties. The purpose, powers and duties of the Charter Review Committee are: (1) To review the Charter of the City of Miami, Florida, as amended (the "Charter"), and any changes to the Charter suggested by the Mayor or any of the five (5) members of the City Commission; and (2) To hold public hearings to receive public input, assuring that such hearings are conducted sufficiently prior to the sunset of the Charter Review Committee, so as to receive public input in a timely manner for consideration of such input; and (3) To issue a final report to the City Commission; and (4) To serve in an advisory capacity to the City Commission and recommend, in writing, any amendments necessary to reform or update said Charter, providing, however, that any member of the Charter Review Committee may present an alternative recommendation regarding any specific Charter change proposal. Section 4. Membership; Composition, Appointments, Qualifications, Minimum Attendance Requirements, Removal and Appointment to Fill Vacancies. (a) Composition, Appointment and Qualifications. The Charter Review Committee shall consist of twelve (12) regular members, all of whom shall be residents and electors of the City and serve without compensation. Each member shall have an interest in, or experience relating to, the City Charter, City Code or governmental procedures and processes. Members shall be appointed as follows: (1) Each of the five (5) City Commissioners will serve as members of the Charter Review Committee; and (2) One (1) citizen of the City shall. be nominated by each of the five (5) City Commissioners and appointed by the City Commission. Said citizen shall reside in the same District from which the appointing Commissioner was elected; and (3) Two (2) persons shall be appointed by the Mayor, one (1) of whom may be the Mayor himself/herself, and the others) sha1l-6e a resident of any ofthe.five (5) Districts within the City; and (4) No alternates shall be appointed; and (5) The Chairperson of the City Commission will serve as Chairperson of the Charter Review Committee or may appoint one of the other four (4) City Commissioners to perform the functions of Chairperson for the Charter Review Committee; and (b) Minimum Attendance Requirements. It is expected that appointed citizen members of the Charter Review Committee attend each meeting. Any member of the Charter Review Committee, other than the Mayor or City Commissioner, who is City of Miami Page 2 of 4 File Id: 1I-00275 (Version: I) Printed On: 4/1/201I File Number: 11-00275 absent from more than three (3) meetings, shall automatically be deemed to have vacated his or her position. (c) Removal. The City Commission shall have the power to remove any citizen member by majority vote without a finding of cause. (d) Vacancies. In the event a vacancy occurs on the Charter Review Committee, whether automatically, by vote of the City Commission or by resignation of the member, the City Commission may, by majority vote, appoint a qualified person to fill the remaining term of the vacant position. The appointment may be made at the next regularly scheduled meeting of the City Commission or as soon as practicable thereafter. Section 5. Officers. Upon appointment of members to the Charter Review Committee, the City Commission shall establish a time, date, and place for the first meeting of the Committee. At the initial organizational meeting, the members of the Charter Review Committee shall select and designate a Vice -person, who shall serve at the pleasure of the Charter Review Committee. The Chairperson shall reserve the right to appoint an executive committee and to delegate tasks to various subcommittees of the whole. Decisions of the executive committee and subcommittees are subject to ratification by the full Charter Review Committee. Section 6. Meetings and Quorum. AU meetings of the Charter Review Committee shall be noticed and open to the public. The public shall be encouraged to submit oral and written comments to the Committee. A minimum of fifty percent (50%) plus one of the Committee's total members shall constitute a quorum for the purpose of convening any meeting. An affirmative vote of not less than fifty percent (50%) plus one of the members present and voting at any meeting is required for any action to be taken by the members. Section 7. Rules of Procedure. The Charter Review Committee may adopt its own order of business and rules of procedure governing its meetings, and take actions on matters within its jurisdiction, not inconsistent with the provisions set forth herein, which rules of procedure shall be filed with the City Clerk. The Charter Review Committee shall comply with all applicable requirements of Chapters 119 (public records) and 286 ("Sunshine Law"), of the Florida Statutes. The minutes of each meeting shall be promptly made available by the City Clerk and such records shall be open to public inspection. Copies of minutes of all Committee meetings shall be furnished to the Mayor, City Commissioners, City Attorney and the City Manager. Section 8. Legal Counsel. The City Attorney shall serve as legal counsel to the Charter Review Committee, and shall provide legal advice on all matters considered by the committee. The City Attorney or designee shall provide legal support to the committee and attend Charter Review meetings accordingly. Section 9. City Manager. It shall be the duty of the City Manager to provide full cooperation, sufficient personnel for administrative necessary support to the Charter Review Committee, including assignment of a particular person to act as liaison and Secretary to the Charter Review Committee. The City Manager may participate in deliberations of the Charter Review Committee and may give technical and policy City of Miami Page 3 of 4 File Id: 11-00275 (Version: 1) Printed On: 4/1/2011 File Number: 11-00275 advice to the Committee as requested. Section 10. City Clerk. It shall be the duty of The City Clerk to provide the services of an individual to keep minutes of meetings, maintain Charter Review Committee correspondence and public input, update the City website with Charter Review information, post meeting notices, file reports and perform all other necessary support functions in compliance with applicable laws related to public notice and recordation of meetings. Section 11. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRtJ CITY ATTORNEY Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. City of Miami. Page 4 of 4 File Id: 11-00275 (Version: 1) Printed On: 4/1/2011