HomeMy WebLinkAboutR-15-0116City of Miami
Legislation
Resolution: R-15-0116
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00281 Final Action Date: 3/12/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION, BYA FOUR -FIFTHS (4/STHS)
AFFIRMATIVE VOTE, RESCINDING RESOLUTION NO. 14-0396, ADOPTED
OCTOBER 9, 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 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 Commission re-established a Charter Review and Reform Committee to
address these concerns by adopting Resolution No. 14-0293 on July, 24, 2014; and
WHEREAS, the City Commission further intended to update the waiver provisions, member
composition, and extending member appointment deadlines within the Charter Review and Reform
Committee, by way of rescinding Resolution No. 14-0293 and adopting Resolution No. 14-0357 on
September 11, 2014; and
WHEREAS, on September 29, 2014, the City Commission requested additional time to
appoint members, to create a window of time during which an initial meeting may be held, to clarify
City of Miami
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that the Section 4 waiver provisions will be by a four -fifths (4/5ths) majority vote, and to clarify the
appointment of a vice-chairman; and
WHEREAS, the City Commission adopted Resolution No. 14-0396 on October 9, 2014
rescinding Resolution No. 14-0357, and re-establishing the Charter Review and Reform Committee,
intending to amend its minimum attendance requirements, waiver provisions, member composition,
extending member appointment deadlines, and extending the deadline for establishing a time, date,
and place for its initial meeting; and
WHEREAS, on October 9, 2014, the City Commission requested to clarify the Section 4
removal provision and the Section 4 vacancies provision; and
WHEREAS, the City Commission wishes to rescind Resolution No. 14-0396 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,
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. 14-0396, by a four -fifths (4/5ths) affirmative vote, 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;
(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;
(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.
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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:
(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;
(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.
(4) No alternates shall be appointed.
(5) The City Clerk was to be notified of all appointments by October 9, 2014. Any new appointments
must conform with Section 4(d) below.
(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.
Unless otherwise excused, pursuant to the discretion of the Chairman as described below, any
member of the Charter Review Committee, other than the Mayor or City Commissioner, who is absent
from more than three (3) meetings, shall automatically be deemed to have vacated his or her position.
The Chairman of the Charter Review Committee, may at his discretion, determine if an absence is
excused for the purpose of avoiding the automatic vacating of said member's position.
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(c) Removal.
The City Commission shall have the power to remove any citizen member, for cause, as articulated
by the City Commission, by four -fifths (4/5ths) 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.
(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 Mayor, the City Manager, or City
Commissioner who appointed the vacating member, may, subject to ratification by the City
Commission, 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 (4/5ths) 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.
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.
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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}
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.
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