Loading...
HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00992 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 14-0357, ADOPTED SEPTEMBER 11, 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. 14-0357 on September 11, 2014 creating a Charter Review and Reform Committee, and wishes to amend its waiver provisions, member composition, extend member appointment deadlines, and extend the deadline for establishing a time, date, and place for the Charter Review and Reform Committee's initial meeting; and WHEREAS, on September 29, 2014, the City Commission requested additional time to appoint members, to create a window of time during which a meeting may be held, to clarify the Section 4 waiver provisions will be by a four -fifths (415) majority vote and to clarify the appointment of a vice-chairman; and City of Miami Page 1 of 5 File Id: 14-00992 (Version: 1) Printed On: 9/30/2014 File Number: 14-00992 WHEREAS, the City Commission wishes to rescind Resolution No. 14-0357 in its entirety and set forth this new resolution with those new guidelines as listed above; and WHEREAS, any proposed amendments to the charter shall be presented to the City Commission for approval within twelve (12) months of the establishment of the Charter Review and Reform Committee unless such time is extended as stated herein; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORI DA: 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. 14-0357 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") 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 member of the Commission who shall serve as Chairman and be a non -voting member of the Charter Review Committee. All voting members shall be invested in 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:. City of Miami Page 2 of 5 File Id: 14-00992 (Version: 1) Printed On: 9/30/2014 File Number: 14-00992 (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 real 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 real 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 real property in the City; and (4) No alternates shall be appointed. (5) The City Clerk shall be notified of all appointments by October 9, 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 an automatic waiver from the Commission to sit on the Charter Review 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 vote on any matter before 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. City of Miami Page 3 of 5 File Id: 14-00992 (Version: 1) Printed On: 9/30/2014 File Number: 14-00992 Section 5. Officers. The Charter Review Committee shall have its first meeting within thirty (30) days of the final appointment of all Charter Review Committee members. At the initial organizational meeting, the members of the Charter Review Committee shall select and designate a 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 Charter Review Committee. A minimum of fifty percent (50%) plus one (1) of the Charter Review 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 (1) 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 Charter Review Committee meetings shall be furnished to the Mayor, City Commissioners, City Attorney, and 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 Charter Review Committee. The City Attorney or designee shall provide legal support to the Charter Review Committee and attend Charter Review meetings accordingly. Section 9. City Manager. It shall be the duty of the City Manager to provide full cooperation and 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 Committee 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} Ciry of Miami Page 4 of 5 File Id: 14-00992 (Version: 1) Printed On: 9/30/2014 Fie Number: 14-00992 AP ROVED AS TO FORM AND CORRECTNESS: VI TORIA M NDEZ CITY ATTORNEY Footnotes {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. City qf Miami Page 5 of 5 File Id: 14-00992 (Version: 1) Printed On: 9/30/2014