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HomeMy WebLinkAboutO-13438City of Miami Legislation Ordinance: 13438 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-01426 Final Action Date: 3/13/2014 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2/ ARTICLE II/ SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE", TO CLARIFY WHEN MEMBERS OF THE PUBLIC MAY SPEAK ON PROPOSITIONS BEFORE THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during the 2013 Legislative Session, the Florida Legislature adopted Senate Bill 50 which clarified when a member of the public would be given a reasonable opportunity to be heard by a board or commission before it takes official action on a proposition; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Chapter 2, Article II, Section 2-33 of the Code of the City of Miami, Florida, as amended, entitled "Administration/Mayor and City Commission/Order of Business and Rules of Procedure" is amended in the following particulars:{1} "CHAPTER 2 ADMINISTRATION ARTICLE II. MAYOR AND CITY COMMISSION * Sec. 2-33. Order of business and rules of procedure. (a) The rules and regulations regarding the procedure of the city commission at all regular meetings are hereby established and adopted. City of Miami Page 1 of 3 File Id: 13-01426 (Version: 2) Printed On: 12/21/2017 File Number: 13-01426 Enactment Number: 13438 (b) The first order of business shall be the approval of the minutes of the previous meeting. A copy of said minutes shall be distributed to the mayor and each of the commissioners prior to the meeting to enable the mayor and each commissioner to review the contents thereof. (c) After approval of the minutes of the previous meeting(s), all business that shall come before the city commission shall be taken up in the order as such items of business appear on the city commission agenda in accordance with the following provisions: (1) The agenda shall be prepared by the city manager in an appropriate form approved, from time to time, by the city commission. Matters may be placed on the agenda by the mayor, any member of the city commission, the city manager, the city attorney, the city clerk, and a city board as created by resolution of the city commission or as defined in section 2-882 of this Code. (2) Only the mayor, members of the city commission and the city manager may placc a citizen an -the agenda. Any citizen member of the public shall be entitled to speak on any proposition before the City Commission in which the City Commission may take any action through the presiding officer. Members of the public shall be limited to the time limitations specified in Section 2-33(i) of the City Code. The opportunity to be heard need not occur at the same meeting at which the City Commission takes official action on the proposition, if the opportunity occurs at a meeting that is during the decision making process and is within reasonable proximity in time before the meeting at which the City Commission takes official action. This does not prohibit the City Commission from maintaining orderly conduct or proper decorum in a public meeting. matter appearing on the agenda under the agenda portions entitled "consent agenda," "public hearings," and "public discu.sion." (3) The requirements of subsection (c)(2) shall not apply to: a. An official act that must be taken to deal with an emergency situation affecting the public health, welfare, or safety, if compliance with the above requirements would cause an unreasonable delay in the ability of the City Commission to act, and b. A ministerial act, including but not limited to, approval of minutes and ceremonial proclamations. (34) Any citizen member of the public shall be entitled to be scheduled on the agenda of a regular meeting of the city commission for presentation of information and material to be considered by the commission within the scope of the jurisdiction of the city commission after the city manager has communicated with the citizen member of the public and reviewed or investigated the citizen's member's issue, unless otherwise directed by the mayor or a member of the city commission. If the city manager is able to resolve or remedy the concerns of the citizen member of the public, the citizen member of the public may elect to withdraw the request to appear before the city commission. If the matter is not or cannot be resolved or remedied by the city manager, then, at the will of the citizen member of the public, the request for appearance shall be scheduled on the next available agenda and the city manager shall submit a report in the agenda packet detailing actions taken to resolve or remedy the matter and administrative recommendations. {A) No citizen shall be entitled as a matter of right to addre.s the city commission on any matter members of the public so desiring to speak shall be allowed to speak only if permitted to do so by City of Miami Page 2 of 3 File Id: 13-01426 (Version: 2) Printed On: 12/21/2017 File Number: 13-01426 Enactment Number: 13438 the presiding officer of the city commission and if such permi.sion is not withdrawn by a majority of the commission members present. (5) The total number of items that may be scheduled on a regular city commission agenda shall not exceed 60 items. *I1 Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} Y Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File Id: 13-01426 (Version: 2) Printed On: 12/21/2017