HomeMy WebLinkAboutSubmittal-City Attorney-City Charter SectionsCHARTER § 4
shall forfeit his or her office. Any willful violation
of the provisions to this section by the mayor or
any city commissioner shall be grounds for his or
her removal from office by an action brought in
the Circuit Court by the state attorney of this
county.
(e) Election of officers by city commission; rules
of city commission; quorum. The city commission
shall elect a city clerk and a city attorney. No
member of the city commission or the mayor shall
be chosen as city manager or as a member of the
civil service board or appointed to any other city
office or employment. The city commission may
determine its own rules of procedure, may punish
its own members for misconduct and may compel
attendance of members. A majority of all the
members of the city commission shall constitute a
quorum to do business, but a smaller number may
adjourn from time to time.
(f) Meetings of city commission; ordinance to be
read by title only. At twelve o'clock noon on the
day the mayor or city commissioners take office,
they shall meet at the city hall. Thereafter, the
city commission shall meet at such time and place
as may be prescribed by ordinance or resolution.
The meetings of the city commission and all
sessions of committees of the city commission
shall be public. Ordinances shall be read by title
only. No member shall be excused from voting
except on matters involving the consideration of
his or her own official conduct, or where his or her
financial interests are involved.
(g) Powers and duties of mayor. The mayor
shall serve as the chief executive officer and head
of the city government with the following specific
powers and duties:
(1) The mayor shall be the presiding officer of
the city commission with the authority to
designate another member of the city com-
mission to serve as presiding officer.
(2) The mayor shall be recognized as the
official head of the city for all ceremonial
purposes, by the courts for the purpose of
serving civil process, and by the governor
for military purposes.
(3) In time of public danger or emergency, the
mayor may declare a state of emergency
Supp. No. 26 CHT:7
as provided in state law and may with the
consent of the city commission, take com-
mand of the police and maintain order
and enforce the laws.
(4) During the temporary absence or disabil-
ity, the mayor shall appoint a member of
the city commission to perform the duties
of the mayor. However, in the event that
the mayor does not or is unable to make
such designation, the city commission shall
designate a member of the city commis-
sion to perform the duties of the mayor
during the temporary absence or disabil-
ity of the mayor by a four -fifths vote of the
city commissioners then in office.
(5) The mayor shall, within ten days of final
adoption by the city commission, have
veto authority over any legislative, quasi-
judicial, zoning, master plan or land use
decision of the city commission, including
the budget or any particular component
contained therein which was approved by
the city commission; provided, however
that if any revenue item is vetoed, an
expenditure item in the same or greater
dollar amount must also be vetoed. The
city commission may, at its next regularly
scheduled or special meeting after the
veto occurs, override that veto by a four -
fifths vote of the city commissioners
present, notwithstanding any provisions
to the contrary contained in the Charter
and city code. Said veto power shall in-
clude actions pursuant to sections 29-B
through 29-D of the Charter.
(6) When one person succeeds another in the
position of mayor, the successor shall have
the right to appoint the city manager,
subject to the approval within 14 days of a
majority of the city commissioners then in
office. In the event of a vacancy in the
office of city manager, the mayor shall
appoint the city manager, subject to the
approval within 14 days of a majority of
the city commissioners then in office. The
mayor may remove the city manager sub-
ject to the city commission's conducting a
hearing within 10 days of said removal
and the city commission's overriding the
Submitted into the public
record or m(s)
on
City Clerk
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044 4.-H0me'l - CtioQ-4Pn SecAl'oAs
§4
MIAMI CODE
mayor's action by a four -fifths vote of
those city commissioners then in office.
Additionally, the city commission by a
four -fifths vote of those city commission-
ers then in office shall be able to remove
the city manager.
(7) "The mayor shall establish and appoint
the members of all standing and special
committees of the city commission and
the chairperson and vice -chairperson of
each committee. There shall be as many
standing and special committees of the
city commission as deemed necessary by
the Mayor. Standing or special commit-
tees of the city commission shall mean
those comprised of city commission mem-
bers only.
(8) The mayor shall prepare and deliver a
report on the state of the city to the people
of the city between November 1 and Jan-
uary 31 annually. Such report shall be
prepared after consultation with the city
commissioners and the city manager.
(9) The etaprepare
annuallyand
to the pe people
budgetaryry address
of the city between July 1 and September
30. Such report shall be prepared after
consultation with the city manager.
(h) Salaries of the mayor and commission. Ef-
fective on November 4, 2003, there shall be paid
to the city commissioners the sum of $58,200,
which is equal to sixty percent of the mayor's
salary in effect on July 16, 2003. Such salary shall
be paid per year for each commissioner, in twelve
equal installments. The compensation of the mayor
shall be determined by the commission.
(Laws of Fla., ch. 15344(1931); Laws of Fla., ch.
23401(1945); Laws of Fla., ch. 26022(1949); Laws
of Fla., ch. 31000(1955); Char. Amend. No. 2, § 1,
1-1-60; Char. Amend. No. 1, 12-1-63; Char. Amend.
No. 1, 12-1-65; Ord. No. 88-541, § 2a, 6-9-88/9-6-
88; Res. No. 97-447, § 2, 7-3-97; Res. No. 99-613,
§ 3, 8-2-99; Res. No. 01-843, § 2, 8-9-01; Res. No.
03-918, § 3, 9-5-03)
Editor's note —Res. No. 01-843, § 2, adopted August 9,
2001, amended § 4 in its entirety to read as herein set out.
Formerly, § 4 pertained to form of government. The historical
notation has been retained for reference purposes.
Case law reference —Officials provided for in subsection
(e) shall be elected and none of them shall hold office at the
will of the city commission when elected, but the city manager
when appointed shall hold office subject to the will of the
commission. State v. Bloodworth, 134 Fla. 369, 184 So. 1.
Where resolution adopted by the city commission appoint-
ing the city clerk failed to fix or state the period of time he was
to hold the said office, clerk was entitled to hold office until the
next regular city election provided for in this charter unless
lawfully removed. Id. See also, State v. Bloodworth, 135 Fla.
625, 185 So. 339.
Sec. 5. The initiative.
(a) Power to adopt ordinances. The electors
shall have power at their option to adopt ordi-
nances, excluding ordinances relating to subjects
that would be precluded by law and to adopt the
same at the polls, such power being known as the
hinitiative". A petition meeting the requirements
ereinafter provided and requesting the city com-
mission to pass an ordinance therein set forth or
attached shall be termed an "initiative petition"
and shall be acted upon as hereinafter provided.
Any five registered voters may commence ini-
tiative proceedings by filing with the city clerk
an affidavit stating they will constitute the
committee of the petition and be responsible for __
circulating the petition and filing it in proper
form. The affidavit shall state the names and
addresses of the members of the committee of
the petition and shall specify the name and
address of the member to whom all notices are
to be sent. The affidavit shall set out in full the
proposed initiative ordinance.
(b) Preparation of initiative petition; affidavit
of genuineness of signatures. Signatures of 10
percent of the electors of the city registered at the
last general municipal election are required for
initiative petitions. The signatures need not all be
on one paper, but must be in ink or indelible
pencil and include the printed name and resi-
dence address of each signer and date signed. The
proposed ordinance in full should be attached to
the petition for review of the signer. The circula-
tor of every such paper shall make an affidavit on
each page in substantially the following form:
STATE OF FLORIDA ) ss.
COUNTY OF MIAMI-)
DADE
Submitted into the public
blic
record or iter?(s)
City Clerk
Supp. No. 26
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on
§ 2-36 MIAMI CODE
city clerk's official date and time recorder
stamp on the completed form shall conclu-
sively determine compliance or noncom-
pliance within the ten-day time frame.
(4) The city clerk shall place any item(s)
vetoed by the mayor, together with the
completed veto forms, on the next regu-
larly scheduled commission agenda as the
first substantive item(s) for commission
consideration.
(5) Notwithstanding any other rule of the
commission, items vetoed by the mayor
shall not be subject to the "5 day rule" as
provided in section 2-33; not be deferred
to a future meeting; not require commit-
tee review; not be subject to a motion to
reconsider, except at the same meeting;
not require first reading; not require pub-
lication or additional public hearings; or
not be amended if the item required spe-
cial publication or a public hearing to be
originally adopted or enacted.
(6) A motion to override a mayoral veto shall
be stated substantially as follows:
a. "I move that [the ordinance, resolu-
tion or motion] be adopted and be-
come effective notwithstanding the
veto of the mayor"; or
b. "I move that [the specific line item in
the budget] be restored to the ordi-
nance and become effective notwith-
standing the veto of the mayor."
(7) If four -fifths of all commissioners present
votes in favor of a resolution to override a
mayoral veto as provided in subsection (f)
above, the commission action in question
shall be deemed enacted or adopted and
effective in accordance with its terms;
otherwise, the mayoral veto shall be
deemed sustained.
(8) The provisions of this rule shall not be
waived.
(Ord. No. 11564, § 4, 10-28-97)
Sec. 2-37. Removal of the city manager by
mayor; effective date.
The removal of the city manager by the mayor,
pursuant to section 4(g)(6) of the City Charter
shall take effect at 5:00 p.m. on the tenth day
after the manager is notified of said removal by
the mayor unless said removal is overridden by a
four -fifths vote of the commissioners then in of-
fice.
(Ord. No. 11851, § 2, 10-26-99)
Sec. 2-38. Ethics requirement.
The mayor, city commissioners, city manager,
chief of operations, chief financial officer, chief
information officer, chief of fire, chief of police,
department directors or those with equivalent .
positions, executive directors of boards or commit-
tees and all appointed board members are re-
quired to have completed an ethics course within
90 days of taking office or within at least one year
prior to taking office or employment. The city
manager, city attorney and city clerk shall coor-
dinate and present or cause to be presented an
ethics course and make such course available at
least quarterly. Any person in violation of this
section shall be subject to the penalties provided
in section 1-13.
(Ord. No. 13125, § 2, 1-14-10)
Secs. 2-39-2-60. Reserved.
ARTICLE III. OFFICERS
DIVISION 1. GENERALLY
Secs. 2-61-2-85. Reserved.
DIVISION 2. CITY MANAGER*
Sec. 2-86. Powers and duties in general.
The city manager shall be appointed pursuant
to and shall have the powers and duties enumer-
ated in the laws of the state, the city Charter, this
Code and other city ordinances.
(Code 1967, § 2-11; Code 1980, § 2-31)
*Charter references —Prohibition against commission
dictating appointments or interfering with city manager,
§ 4(d); election of city manager by commission, § 4(e); city
manager generally, §§ 15-17.
City Code cross references —Authority to prohibit sales
of alcoholic beverages during emergencies causing or tending
to cause public disorder, etc., § 4-5.
Supp. No. 47 CD2:14.2
Submitted into the public
record for i em(s)
on LF 1 i LL�� City Clerk