HomeMy WebLinkAboutR-14-0357City of Miami
Legislation
Resolution: R-14-0357
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00886a Final Action Date: 9/11/2014
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION
NO. 14-0293, ADOPTED ON JULY 24, 2014, IN ITS ENTIRETY, SETTING FORTH A
NEW RESOLUTION 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, WAIVERS, 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 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 Charter Review and Reform Committee is empowered to conduct a
comprehensive review of the City Charter and propose amendments to the City Charter; and
WHEREAS, the City adopted Resolution No. 14-0293 on July 24, 2014 creating a Charter
Review and Reform Committee, and wishes to amend its waiver provisions, member composition,
and extend member appointment deadlines at this time, and
WHEREAS, the City Commission wishes to rescind Resolution No. 14-0293 in its entirety and
set forth this new resolution with those new guidelines; and
WHEREAS, any proposed amendments to the charter shall be presented to the City
City of Miami
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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 fully set forth in this Section.
Section 2. Resolution No. 14-0293 is rescinded in its entirety and this new resolution is set
forth establishing 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 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 thirteen (13) regular voting members, and a
Commission appointed (non -voting member) of the Commission, to serve as Chair. All voting
members 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) persons to serve as voting members
of the Charter Review Committee. A City Commissioner may be appointed to the Charter Review
Committee as one of the voting members. Any such voting member shall be a City resident, work in
the City or own property in the City; and
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(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) One (1) person shall be appointed by the City Manager. Such person shall be a City resident,
work 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
appointments by September 29, 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 automatic waiver from
the Commission to sit on this committee and continue assisting the City pursuant to City Code
Sections 2-612 and 2-614.
(7) The City Commission appoints Commissioner Francis Suarez as the Chairman of the Charter
Review Committee. As Chairman of the Charter Review Committee, Commissioner Suarez shall not
take part in any vote of the Committee. Commissioner Suarez shall retain the right to appoint two (2)
voting members to serve as members of the Charter Review Committee as provided for in Section
4(a)(1) of this Resolution.
(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 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. Such appointment shall be consistent with the residency requirements stated in Section
4(a) of this Resolution.
(e) Waiver.
The City Commission shall have the power to waive any of the requirements of Section 4 of this
Resolution by four -fifths vote of its membership or an unanimous vote of the quorum that exists
because of either abstentions or vacancies resulting from resignation, death, suspension, or physical
incapacitation.
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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 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. Meetings and Quorum.
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.
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 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
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 immediately upon its adoption and
signature of the Mayor.{1}
Footnotes:
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{1} If the Mayor does not sign this Resolution, it shall become effective at the end of (10) 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 veto by the City Commission.
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