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HomeMy WebLinkAboutR-15-0465City of Miami Legislation Resolution: R-15-0465 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-01347 Final Action Date: 10/22/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, BYA FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, SETTING FORTH A NEW RESOLUTION, DUE TO THE SUNSETTING OF RESOLUTION NO. 15-0116, ADOPTED MARCH 12, 2015, EXTENDING THE CITY OF MIAMI CHARTER REVIEW AND REFORM COMMITTEE, TO CONTINUE THE REVIEW OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CONTINUE TO 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, WAIVER OF CONFLICT OF INTEREST, 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 Charter of the City of Miami, Florida, as amended, ("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 ("Charter Review Committee") to conduct a comprehensive charter review to update the City Charter; and WHEREAS, the last Charter Review 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 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 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 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 City of Miami Page 1 of 5 File Id: 15-01347 (Version: 11 Printed On: 4/3/2018 File Number: 15-01347 Enactment Number: R-15-0465 members, to create a window of time during which an initial meeting may be held, to clarify 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 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 provide a waiver of conflict of interest allowing members of the Charter Review Committee to transact business with the City pursuant to Sections 2- 612 and 2-614 of the Code of the City of Miami, Florida, as amended ("City Code"), and to appear before the City Commission and other boards for future lobbying activity pursuant to Section 2-11.1.2 of the Code of Miami -Dade County, Florida; and WHEREAS, the City Commission wishes set forth this new resolution due to the sunset of Resolution No. 15-0116 and set forth the new guidelines as listed above; and WHEREAS, the term of the 2015 Charter Review Committee shall end on November 5, 2015 unless otherwise the time is extended by the City Commission by this new Resolution; and WHEREAS, with the extension of the Charter Review Committee, any proposed amendments to the Charter shall be presented to the City Commission for approval by November 5, 2016; 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. By a four -fifths (4/5ths) affirmative vote, the Miami City Commission sets forth a new Resolution, due to the sunsetting of Resolution No. 15-0116, adopted March 12, 2015, extending the City of Miami Charter Review and Reform Committee, to continue the review of the Charter of the City of Miami, Florida, as amended, and continue to recommend Charter proposals and amendments necessary to update the Charter ("Charter Review Committee") for a term ending on November 5, 2016 and 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; City of Miami Page 2 of 5 File Id: 15-01347 (Version: 11 Printed On: 4/3/2018 File Number: 15-01347 Enactment Number: R-15-0465 (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. 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 continues to appoint 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 City of Miami Page 3 of 5 File Id: 15-01347 (Version: 11 Printed On: 4/3/2018 File Number: 15-01347 Enactment Number: R-15-0465 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. (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. (f) Waiver of Conflict of Interest. The City Commission hereby waives any conflict of interest of members of the Charter Review Committee to transact business with the City pursuant to Sections 2-612 and 2-614 of the Code of the City of Miami, Florida, as amended, and to appear before the City Commission and other boards for future lobbying activity pursuant to Section 2-11.1.2 of the Code of Miami -Dade County, Florida 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. City of Miami Page 4 of 5 File Id: 15-01347 (Version: 11 Printed On: 4/3/2018 File Number: 15-01347 Enactment Number: R-15-0465 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} 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 of Miami Page 5 of 5 File Id: 15-01347 (Version: 11 Printed On: 4/3/2018