HomeMy WebLinkAboutR-14-0293operates pursuant to its City Charter; and
City of Miami
Legislation
Resolution: R-14-0293
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00610 Final Action Dat
A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE CITY
MIAMI CHARTER REVIEW AND REFORM COMMITTEE TO REVIEW THE
CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND RECC�ME
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
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 and when the City Commission deems it necessary, the City
Commission has established a Charter Review and Reform Committee to conduct a comprehensive
charter review to update the City Charter; and
WHEREAS, the last Charter Review and Reform Committee was formed in 2003, however, no
reforms were approved by the residents of the City; 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 arter Review and Reform Committee is empowered to conduct a
comprehensivjevie he City Charter and propose amendments to the City Charter; and
WHEREA 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.
City of Miami
Rescinded by R-14-0357
Page 1 of 4 File Id: 14-00610 (Version: 21 Printed On: 1/9/2018
File Number: 14-00610 Enactment Number: R-14-0293
Section 2. The City of Miami Charter Review and Reform Committee of 2014 ("Charter Review
Committee") is established for a period of one (1) year, from the date of the Charter Review
Committee's initial 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 written
recommendations and after a public meeting before the City Commission.
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 ("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 written 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 altern tie recommendation regarding any specific
Charter change proposal.
Section 4. Membership; Compositionointments, Qualifications, Minimum Attendance likep
Requirements, Removal and Appointment to Fill Vacancies.
(a) Composition, Appointment and Qualifications..
The Charter Review Committee shall consist of thirteen (13) regular members, all of whom shall be
invested in the City of Miami 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 shall appoint two (2) members to serve as members of
the Charter Review Committee. A City Commissioner may be appointed to the Charter Review
Committee as one of the members. Any such member shall be a City resident, work in the City or
own property in the City; and
(2) Two (2) persons shall be appointed by the Mayor, one (1) of whom may be the Mayor, and/or the
other(s) shall be a City resident, work in the City or own property in the City; and
(3) Q4e (1) person shall be appointed by the City Manager. Such person shall be a City resident,
w in the City or own property in the City; and
(4) No alternates shall be appointed.
(5) Each City Commissioner, the Mayor, and the City Manager shall notify the City Clerk of their
City of Miami
Rescinded by R-14-0357
Page 2 of 4 File Id: 14-00610 (Version: 21 Printed On: 1/9/2018
File Number: 14-00610 Enactment Number: R-14-0293
appointments by August 30, 2014.
(6) An appointee who may be currently serving as special counsel to the City performing basic
non -litigation legal services for the City may continue to do so and receive a waiver from the
Commission to sit on this committee and continue assisting the City pursuant to City Code Sections
2-612 and 2-614.
(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 a City Commissioner, who is
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 ty vote wiout 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. Such appointment shall be consistent with the residency requirements stated in Section
4(a) of this Resolution.
Section 5. Officers.
Upon appointment of members to the Char er 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 Chairperson
and Vice -Chairperson from among the members of the Committee 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. Meetiriid Quc3TGm.
All 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.
ection 7. Rules of Procedure.
he Charter Review Committee mayadopt its own order of business and rules of procedure
p
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 and any executive committee or subcommittee, if applicable, shall comply with all
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
City of Miami
Rescinded by R-14-0357
Page 3 of 4 File Id: 14-00610 (Version: 21 Printed On: 1/9/2018
File Number: 14-00610 Enactment Number: R-14-0293
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
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 imme tely upon its adoption and
signature of the Mayor.{1}
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
Rescinded by R-14-0357
Page 4 of 4 File Id: 14-00610 (Version: 21 Printed On: 1/9/2018