HomeMy WebLinkAboutFinal Report for Referral to VotersCITY OF MIAMI
FINAL REPORT OF CHARTER REVIEW AND REFORM COMMITTEE AND
RECOMMENDATIONS FOR REFERRAL TO VOTERS
TO: Honorable Mayor and Members of the City Commission
FROM: Francis Suarez, Commissioner, District 4, CRRC Chairman on behalf of the
Members of Charter Review and Reform Committee
DATE: June 8, 2016
RE: Final Report of Charter Review and Reform Committee and
Recommendations for Referral to Voters
Attached for the consideration of the City Commission is the Final Report of the Charter
Review and Reform Committee (the "Committee"). I am honored to have been appointed by the
City Commission as the Committee's Chairman. It has been a privilege to serve with such
distinguished community leaders whose commitment and dedication to the City of Miami has been
unwavering. While the process has been collegial and collaborative, the Committee members have
engaged in vigorous dialogue and debate.
I want to thank each of my fellow Committee members for dedicating their valuable time
and energy to this important process. It is my hope that the City Commission will carefully
consider the Committee's recommendations for placement on the November 8, 2016 ballot for
consideration by the voters.
The work of the Charter Review and Reform Committee could not have been performed
without the professional support of staff from the City Manager's Office, the City Attorney's
Office, the City Clerk's Office, and various City departments. They have been indispensable
throughout this process and on behalf of the Committee; I thank them for all of their efforts.
Thank you for considering the final recommendations of the Charter Review and Reform
Committee.
Attachment
cc: Daniel J. Alfonso, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
TABLE OF CONTENTS
Section Page Number
Executive Summary 3
Introduction and Background 5
Members of the Charter Review and Reform Committee 6
Acknowledgement 7
Committee Recommendations 8
Conclusion 15
Exhibits 16
I. EXECUTIVE SUMMARY
The Charter Review and Reform Committee (the "Committee") has concluded its charge
and has seventeen (17) recommendations regarding the City of Miami Charter. This final report
sets forth each issue of study, recommendations, and a brief synopsis of the rationale for the
recommendations.
Final Recommendations
1. Powers — That Charter Section 3(f)(iii) be amended to define the term "waterfront
property" that is subject to referendum; to ensure that contracts involving waterfront
property result in a fair market value return to the City based on two independent
appraisals performed by state certified appraisers; and to require that leases and contracts
for waterfront property be approved by a majority of the votes cast by the electorate.
2. Forini of Government/Responsibilities of the Mayor — That the City adopt a Strong
Mayor -Commission form of government which would eliminate the City Manager
position and transfer administrative duties to the Mayor; providing for a mayoral
residency requirement and recall procedure; clarifying the runoff election process; and
permitting City Commissioners to communicate with and make inquiries of the
administrative staff.
3. Initiative and Referendum Process — That the initiative and referendum process be made
less onerous.
4. Charter Amendment Initiative — That the Charter be amended to create a process for
voters to initiate Charter amendments.
5. Runoff Election Date — That the date of a runoff election for Mayor and City
Commissioners be changed from the second Tuesday after the first Monday in November
to the third Tuesday after the first Monday in November.
6. Vacancy in the Office of Mayor and City Commissioner — That the Charter should clarify
the process for filling vacancies where the original seat -holder is absolved from
allegations of misconduct; require that a special election be held no more than 60 days
after the expiration of the ten-day qualifying period; and allow the winner of a special
election to retain his or her seat for the remainder of the unexpired term.
7. Establishment of the Office of the Citizen's Advocate — That the Charter be amended to
establish an Office of the Citizen's Advocate which will be responsible for independently
investigating citizen complaints of alleged violations of ethical standards, the City
Charter, the City Code, and administrative regulations. The Citizen's Advocate would
also be responsible for receiving whistleblower complaints.
8. Establishment and Reorganization of City Departments — That all City Departments in
the Charter be consolidated into one section, with the exception of the Office of the City
Attorney.
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9. Office of the City Attorney — That the Charter be further reorganized by moving the
Office of the City Attorney from Section 21 to Section 19, and setting forth the City
Attorney's qualifications, term, and duties.
10. Department of Law — That Charter Section 21 be deleted and move the Office of the City
Attorney to Section 19.
11. Department of Off -Street Parking; Off -Street Parking Board - That Charter Section 23 be
deleted and consolidate the Department of Off -Street Parking ("Miami Parking
Authority") into Section 18.
12. Department of Public Safety — That Charter Section 24 be deleted and consolidate the
Department of Fire -Rescue and Department of Police into Section 18.
13. Supervision in Divisions of Police and Fire — That Charter Section 25 be deleted and
consolidate the supervisory duties of the Police Chief and Fire Chief into Section 18.
14, Suspension and Removal of Chief of Police and Fire Chief — That Charter Section 26 be
deleted so that the Police Chief and Fire Chief will be subject to removal by the City
Manager.1
15. City -owned Property Sale or Lease — That the Charter be amended to require that fair
market value be determined by two independent appraisals performed by state certified
appraisers; ensure that the City, its agencies and instrumentalities, abide by the
competitive bidding requirements of Section 29-B; eliminate the exception for disposition
of property acquired as a result of foreclosure and in connection with delinquent taxes
from the Miami -Dade Board of County Commissioners pursuant to Section 197.592,
Florida Statutes; and prohibit the City Commission, by a 4/5ths affirmative vote, from
granting a lessee of City -owned property a one-time lease extension during the last five
years of its lease without the necessity of a referendum.
16. Civilian Investigative Panel — That the Charter be amended to provide the Civilian
Investigative Panel with a greater degree of independence from other City departments.
17. Citizens' Bill of Rights — That the Citizens' Bill of Rights be moved to the beginning of
the Charter; that the Charter be amended to provide Citizens standing to enforce the
Charter; that the Charter contain a policy which includes the abatement of land pollution;
to clarify that attorney's fees are not a potential remedy for Charter violations; and to
establish a Charter Review and Reform Committee that will meet every eight (8) years
commencing in 2022 in order to recommend changes to the Charter for the general
election.
1 If the Strong Mayor form of government is approved by the voters, additional revisions will be
necessary throughout the Charter and Code to remove references to the City Manager and to
clarify certain duties and responsibilities of the Mayor.
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II. INTRODUCTION AND BACKGROUND
The City of Miami Charter has been amended from time to time in response to the City's
changing needs since its adoption. On July 24, 2014, the City Commission adopted Resolution
No. 14-0293 which re-established a Charter Review and Reform Committee for the purpose of
reviewing the Charter and recommending Charter amendments to the City Commission. The
Committee currently operates pursuant to Resolution No. 15-0465 which, among other things,
extended the Committee's term until November 5, 2016.
The Charter Review process has provided for a high degree of public participation.
Throughout, the Committee members and City Staff have been committed to providing the
public a comprehensive and transparent process. For instance, the Committee's meetings were
aired on City of Miami television and via webcast. All information from the Committee's
deliberations, including meeting agendas and minutes, has been posted on the City's website at
http://miamigov.com/charterreview/. Significantly, the website provides the public the
opportunity to give input and comments on all matters. Throughout the entire process the public
had the ability to send their comments through the website or via e-mail at
CR&RC@miamigov.com.
The Committee met and deliberated in public on the following dates: November 5, 2014;
November 24, 2014; January 12, 2015; January 26, 2015; February 23, 2015; April 13, 2015;
May 11, 2015; July 13, 2015; October 14, 2015; December 14, 2015; January 19, 2016; February
22, 2016; March 21, 2016; April 19, 2016; April 26, 2016; May 2, 2016; May 9, 2016; May 17,
2016; and May 25, 2016.
During those meetings, the Committee reviewed the entire City Charter and debated
sections that it believed should be considered for possible revision or amendment. The
Committee undertook a systematic process through which it considered every recommendation
in at least two (2) separate public meetings. Each meeting included an opportunity for public
input and comment. The Committee received significant input from City of Miami constituents,
board members, and employees.
Following a comprehensive review of the City of Miami Charter, the Committee
recommended that seventeen (17) sections be amended or revised. All 17 proposed
recommendations are being submitted for the City Commission's consideration and approval to
place on the ballot for the November 8, 2016 general election.
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III. MEMBERS OF THE CHARTER REVIEW AND REFORM COMMITTEE
The Mayor, Members of the City Commission, and City Manager appointed the
following members to the Committee:
Member
Role
Appointor
Hon. Francis Suarez
Chairman, Ex-officio
City Commission
Mr. Stanley Krieger
Vice Chairman
District 1
Mr. Steve Kneapler
Member
Mayor
Ms. Iris Escarra
Member
Mayor
Ms. Graciela Solares
Former Member
Mayor
Mr. Richard Kuper
Member
District 1
Mr. Justin Wales
Member
District 2
Mr. Martin Margulies
Member
District 2
Mr. Jay Solowsky
Former Member
District 2
Ms. Melissa Tapanes Llahues
Former Member
District 2
Mr. W. Tucker Gibbs
Member
District 3
Mr. Jose Bejel
Member
District 3
Mr. George Knox
Former Member
District 3
Mr. Luis Gazitua
Member
District 4
Mr. Mike Llorente
Member
District 4
Mr. Alex Saiz
Member
District 5
Mr. James McQueen
Member
District 5
Ms. Marie Mato
Member
City Manager
Mr. Murray Greenberg
Former Member
City Manager
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IV. ACKNOWLEDGEMENT
The Charter Review Committee wishes to recognize the following City Employees for their
assistance throughout this process:
Julia D. Cerrato,
Assistant to the City Manager, Board Liaison
Vanessa I. Acosta,
NET Director, Fortner Board Liaison
Todd B. Hannon,
City Clerk
Nicole N. Ewan,
Assistant City Clerk
Joyce Jones,
Transcriber
Evangeline Kilpatrick,
Transcriber
Daniel Rotenberg,
Director, Department of Real Estate Asset Management
Aldo Bustamonte,
Assistant Director, Department of Real Estate Asset Management
John A. Greco,
Deputy City Attorney
Burnaby L. Min,
Deputy City Attorney
George K. Wysong,
Senior Assistant City Attorney
Rafael Suarez -Rivas,
Senior Assistant City Attorney
Kevin R. Jones,
Assistant City Attorney
Pablo R. Velez,
Assistant City Attorney
Kerri L. McNulty,
Assistant City Attorney
Forrest L. Andrews,
Assistant City Attorney
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V. RECOMMENDATIONS
The Committee recommends that the City Commission approve the following Charter
Amendments for placement on the November 8, 2016 ballot for consideration by the voters:
1. Powers — Section 3
Charter Section 3 was discussed and debated at public hearings held on April 19, 2016
and April 26, 2016. The Committee approved the suggested amendments for submission to the
City Commission at a public hearing held on April 26, 2016.
While the Committee recognizes the importance of waterfront property located within the
City of Miami, it found that requiring a referendum for leases and contracts involving all types of
waterfront property is unduly burdensome. Therefore, the Committee recommends that only
those properties which abut the Atlantic Ocean, Biscayne Bay, Little River, the Miami River, and
all navigable waterways, should constitute waterfront property subject to referendum
requirements.
The Committee also believes that fair market value of waterfront property should be
based on two (2) independent appraisals performed by state certified appraisers. Finally, in order
to avoid confusion as to the type of voter majority needed at referendum, the Committee
recommends that leases and contracts for waterfront property be approved by a majority of the
votes cast by the electorate. This is consistent with the requirement for the sale of City -owned
property in Section 29B of the Charter.
The language approved and recommended by the Committee is attached as Exhibit 1.
2. Form of Government; nomination and election — Section 4
City Charter Section 4 was discussed and debated at public hearings held on May 9,
2016; May 17, 2016; and May 25, 2016. The proposed amendments to that section were
approved for submission to the City Commission on May 25, 2016.
The Committee recommends that the City adopt a Strong Mayor -Commission form of
government. Currently, Section 4 confers mostly ceremonial powers to the Mayor and prohibits
the Mayor from playing any role in the day-to-day operations of the City. The Committee
believes that the residents of the City of Miami would be better served by eliminating the
position of City Manager and transferring all administrative authority to the Mayor, thus, making
the Mayor the single point of accountability.
In order to carry out his or her executive and administrative duties, the Mayor should
have the power to appoint, reprimand, and remove all department directors and all subordinate
officers and employees in the departments in both the classified and unclassified service of the
administrative departments of the City, subject to the civil service provisions of this Charter,
when applicable. The Police Chief and Fire Chief should also be subject to the supervision of the
Mayor.
Next, separation of powers between the City's executive and legislative branches is
essential to any democratic formof government. In order to maintain appropriate separation, the
City Commission should be permitted to elect its Chairperson and Vice -Chairperson. Moreover,
City Commissioners should be permitted to communicate, in writing, and interact freely with the
administrative staff regarding constituent concerns, capital projects, proposed legislation, and
other important matters without having to go through the City's Chief Administrative Officer.
The Committee additionally recommends that the Charter contain a mayoral residency
requirement, recall procedure and clarify the runoff election process.
The language approved and recommended by the Committee is attached as Exhibit 2.
3. The Initiative and Referendum — Section 5
City Charter Section 5 was discussed and debated at public hearings held on February 23,
2015; April 13, 2015; May 11, 2015; July 13, 2015; and October 15, 2015. The proposed
amendments to that section were approved for submission to the City Commission on October
15, 2015.
In order to provide a more meaningful opportunity for citizens to use the initiative and
referendum process, the Committee recommends making the process less onerous by: (1)
consolidating the initiative and referendum process into one section (Section 5); (2) reducing the
threshold signature level to enact or repeal a measure from 15% to 10% of the electors (which
makes it consistent with Florida Statutes and the Miami -Dade County Home Rule Charter); (3)
allowing for the collection of more than one (1) signature per page in order to conserve resources;
(4) eliminating the burdensome requirement that each page be notarized; (5) allowing any one
registered voter to start either process; (6) allowing the initiative and referendum process to apply
to both ordinances and resolutions; (7) allowing more time for the gathering of signatures; (8)
requiring a 20% threshold for triggering a special election; and (8) prohibiting the City
Commission from amending or repealing a measure for a period of two (2) years after such
measure is adopted or repealed through the initiative or referendum process.
The language approved and recommended by the Committee is attached as Exhibit 3.
4. Charter Amendment Initiative — Section 6
City Charter Section 6 was discussed and debated at public hearings held on February 23,
2015; April 13, 2015; May 11, 2015; July 13, 2015; and October 15, 2015. The proposed
amendments to that section were approved for submission to the City Commission on October
15, 2015.
Citizens should have the authority to initiate Charter amendments in order to address the
City's changing needs.
The language approved and recommended by the Committee is attached as Exhibit 4.
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5. Election of City Commissioners and Mayor — Section 7
Charter Section 7 was discussed and debated at public hearings held on January 26, 2015
and April 13, 2015. The Committee approved the suggested amendment for submission to the
City Commission at a public hearing held on April 13, 2015.
Charter Section 7 currently states that a runoff election for Mayor and City
Commissioners in odd -numbered years shall be held the second Tuesday after the first Monday
in November. The City Clerk advised the Committee that Miami -Dade County conducts its
runoff elections on the third Tuesday after the first Monday in November. The Committee
recommends that the City's runoff election date coincide with Miami -Dade County in order to
avoid unnecessary expenses, and to provide the Miami -Dade County Elections Department
sufficient time to prepare for a runoff election.
The language approved and recommended by the Committee is attached as Exhibit 5.
6. Filling Vacancies for Mayor and Commission — Section 12
Section 12 was discussed and debated at public hearings held on April 13, 2015; May 11,
2015; and July 13, 2015. The Committee approved the suggested amendments for submission to
the City Commission at a public hearing held on July 13, 2015.
The Committee believes that a timely and straightforward process for filling vacancies in
elected positions is essential to the continuity of City governance. Ambiguity can lead to lawsuits
which are expensive and undermine the public's confidence in government. For instance, the
Charter currently does not provide a clear process where a vacancy occurs due to allegations of
misconduct, and the original seat -holder is later absolved from those allegations. This scenario
can potentially lead to litigation by the original seat -holder attempting to get his or her position
back from the person elected or appointed to fill that position. To avoid this, the Committee
recommends amending Section 12 to provide that in the event the original seat -holder is
absolved from allegations of misconduct, he or she should immediately resume the position, and
the appointed or elected successor shall immediately resign the position.
Next, the Charter currently requires that the winner of a special election filling a vacancy
face a subsequent election to keep that seat in a relatively short period of time. Considering
fairness to the winner and the expense of holding multiple elections in such close proximity of
each other, the Committee believes that the winner of a special election should fill the vacancy
for the remainder of the unexpired term.
Finally, the Committee recommends holding a special election no more than 60 days after
the expiration of the ten-day qualifying period in order to provide the City Clerk more time and
flexibility for scheduling a special election.
The language approved and recommended by the Committee is attached as Exhibit 6.
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7. Commission May Investigate Official Transactions and Conduct;
Office of Citizens' Advocate — Section 14
Charter Section 14 was discussed and debated at public hearings held on May 9, 2016
and May 17, 2016. The Committee approved the suggested amendments for submission to the
City Commission at a public hearing held on May 17, 2016.
The City should have a Citizen's Advocate who can assist citizens with the investigation
of complaints regarding alleged violations of ethical standards, the City Charter, City Code, and
administrative regulations. The Citizen's Advocate would review the complaint and determine
whether it should be referred to the Miami -Dade State Attorney, Miami -Dade County Ethics
Commission, City Office of Independent Auditor General, Miami -Dade Office of Inspector
General, City's Human Resources Department, or other appropriate body responsible for
investigation of such alleged violation of law.
The language approved and recommended by the Committee is attached as Exhibit 7.
8. Establishment and Reorganization of City Departments
Section 18 was discussed and debated at public hearings held on May 11, 2015, July 13,
2015, and October 15, 2015. The Committee approved the suggested amendment for submission
to the City Commission at a public hearing held on October 15, 2015.
The Committee recommends amending Charter Section 18 to provide for the
establishment and reorganization of City Departments. At this time, Section 18 should include:
(1) the Department of Off -Street Parking (a/k/a the Miami Parking Authority); (2) the
Department of Fire -Rescue; (3) Department of Police, (4) Department of Finance; and (5) a
provision authorizing, by ordinance adopted by vote of at least three (3) members of the City
Commission, the creation or discontinuance of any City Department. Pursuant to this
reorganization, the Office of the City Attorney should be moved to Section 19. (See Section 9 of
this Final Report and Recommendation below).
The language approved and recommended by the Committee is attached as Exhibit 8.
9. Office of the City Attorney — Section 19
Section 19 was discussed and debated at public hearings held on May 11, 2015; July 13,
2015; October 14, 2015; and December 14, 2015. The Committee approved the suggested
amendment for submission to the City Commission at a public hearing held on December 14,
2015.
Section 19 currently provides for the creation of new departments and the discontinuance
of Departments. As explained in Section 8 of this Final Report and Recommendations above, the
Committee recommends placing that authority at the end of Section 18. To further reorganize the
Charter, the Office of the City Attorney should be removed from Section 21 to Section 19,
setting forth the qualifications, term, and duties of the City Attorney.
The language approved and recommended by the Committee is attached as Exhibit 9.
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10. Ballot measure reorganizing the Charter by deleting Charter Section
21 and moving the Office of the City Attorney to Section 19
Section 21 was discussed and debated at public hearings held on May 11, 2015; July 13,
2015; and October 14, 2015. The Committee unanimously approved the suggested amendment
for submission to the City Commission at a public hearing held on October 14, 2015.
The Committee recommends deleting Charter Section 21 and removing the Office of the
City Attorney to Section 19. (See Section 9 of this Final Report and Recommendations above
and Exhibit 10 attached hereto).
11. Ballot measure reorganizing the Charter by deleting Section 23 and
consolidating the Department of Off -Street Parking into Section 18
Section 23 was discussed and debated at public hearings held on May 11, 2015 and July
13, 2015. The Committee approved the suggested amendment for submission to the City
Commission at a public hearing held on July 13, 2015.
The Committee recommends deleting Charter Section 23 and consolidating the
Department of Off -Street Parking into Section 18. (See Section 8 of this Final Report and
Recommendations above and Exhibit 11 attached hereto).
12. Ballot measure reorganizing the Charter by deleting Section 24 and
consolidating the Department of Fire -Rescue and Police Department
into Section 18
Section 24 was discussed and debated at public hearings held on May 11, 2015 and July
13, 2015. The Committee approved the suggested amendment for submission to the City
Commission at a public hearing on July 13, 2015.
The Committee recommends deleting Charter Section 24 and consolidating the
Department of Fire -Rescue and Department of Police into Section 18. (See Section 8 of this
Final Report and Recommendations above and Exhibit 12 attached hereto).
13. Ballot measure deleting Charter Section 25 because the supervisory
duties of the fire chief and police chief will be consolidated into
Section 18
Section 25 was discussed and debated at public hearings held on May 11, 2015 and July
13, 2015. The Committee approved the suggested amendment for submission to the City
Commission at a public hearing held on July 13, 2015.
The Committee recommends deleting Charter Section 25 and consolidating the
supervisory duties of the Fire Chief and Police Chief into Section 18. (See Section 8 of this Final
Report and Recommendations above and Exhibit 13 attached hereto).
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14. Ballot measure removing Charter Section 26
Section 26 was discussed and debated at public hearings held on May 11, 2015; July 13,
2015; and October 15, 2015. The Committee approved the suggested amendment for submission
to the City Commission at a public hearing held on October 15, 2015.
The Committee recommends deleting Charter Section 26 so that the Fire Chief and Police
Chief will be subject to removal by the City Manager who also has the power to appoint
individuals to those positions.2 (See Exhibit 14 attached hereto).
15. City -Owned Property Sale or Lease — Section 29-B
Section 29-B was discussed and debated at public hearings held on April 19, 2016; April
26, 2016; May 2, 2016; May 9, 2016; May 17, 2016, and May 25, 2016. The Committee
approved the suggested amendments for submission to the City Commission at a public hearing
held on May 25, 2016.
With regard to the sale and lease of City -owned property, the Committee believes that it
is in the citizens' best interest that the City receive fair market value as determined by two (2)
independent appraisals performed by state certified appraisers, and that the City, its agencies and
instrumentalities, abide by the Charter's competitive bidding requirements. Accordingly, the
Committee recommends eliminating the so-called "MSEA loophole;" eliminating the exception
for disposition of property acquired as a result of foreclosure and in connection with delinquent
taxes from the Miami -Dade Board of County Commissioners pursuant to Section 197.592,
Florida Statutes; and prohibiting the City Commission, by a 4/5ths affirmative vote, from
granting a lessee of City -owned property a one-time lease extension during the last five (5) years
of its lease without the necessity of a referendum.
The language approved and recommended by the Committee is attached as Exhibit 15.
16. Civilian Investigative Panel — Section 51
Section 51 was discussed and debated at public hearings held on February 22, 2016;
March 21, 2016; and April 26, 2016. The Committee approved the suggested amendments for
submission to the City Commission at a public hearing held on March 21, 2016 and April 26,
2016.
On May 8, 2014, the City Commission passed Resolution R-14-0196 creating the
Independent Review Committee ("IRC") to investigate certain aspects of the Civilian
Investigative Panel ("CIP"). Following its investigation, the IRC issued a comprehensive report
recommending, among other things, that the City Charter be amended to ensure the CIP's
independence from other City Departments. The Committee reviewed the IRC's report and
received input from members of the CIP as well as from the Office of the City Attorney. The
Committee agrees that in order for the CIP to properly serve the community, its authority and
2 If the Strong Mayor form of government is approved by the voters, additional revisions will be
necessary throughout the Charter and Code to remove references to the City Manager and to
clarify certain duties and responsibilities of the Mayor.
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composition should be clearly defined. Moreover, the CIP should have the ability to appoint and
remove its own Executive Director and Independent Counsel. Finally, the CIP should be allowed
to have as much fiscal independence from the City as possible. To that end, the Committee urges
the City Commission to adopt an ordinance providing that the CIP's annual budget shall be no
less than 0.5% of the Miami Police Department's annual budget, not to exceed one million
dollars ($1,000,000.00) unless approved by the City Commission. Additionally, the CIP's annual
budget should not be modified without unanimous City Commission approval. However, the
CIP's budget should be subject to any declaration of fiscal emergency, financial urgency, or
financial emergency in the City.
The language approved and recommended by the Committee is attached as Exhibit 16.
17. Citizens' Bill of Rights Section 52
Section 52 was discussed and debated at public hearings held on December 14, 2015;
January 19, 2016; February 22, 2016; March 21, 2016; and May 2, 2016. The Committee
approved the suggested amendments for submission to the City Commission at public hearings
held on March 21, 2016 and May 2, 2016.
The Citizens' Bill of Rights is currently located at the very end of the Charter. The
Citizens' Bill of Rights should be placed at the beginning of the Charter just as it is in the
Miami -Dade County Charter. The Committee also recommends that the Citizens' Bill of Rights
be amended to confer standing upon citizens to enforce the Charter and Citizens' Bill of Rights.
Next, Charter Section 52(A)(6) currently provides for a policy which includes the abatement of
air and water pollution. The Committee believes that the City will benefit from adding the
abatement of land pollution to this policy. The Committee additionally recommends updating
Charter Section 52(C) to state "Miami -Dade County Circuit Court," rather than "Dade County
Circuit Court" as it is presently referred. In order to provide a disincentive for frivolous lawsuits
against the City, the Committee recommends clarifying that attorney's fees are not a potential
remedy for Charter violations. Finally, the Committee believes that the City will benefit from
establishing a Charter Review and Reform Committee to conduct a comprehensive review of the
Charter every eight (8) years commencing in 2022. This will allow sufficient time to determine
the impact of Charter amendments while providing a relatively timely mechanism to make
necessary changes. This provision will also allow the Committee's written recommendation to
the City Commission to coincide with a municipal election, rather than requiring the City to hold
a special election.
The language approved and recommended by the Committee is attached as Exhibit 17.
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VI. C'ION
All of the members of this Committee e feel privileged to have been given the opportunity
to participate in this important project, We respectfully urge the City Commission to give tliis
report the serious consideration it merits and to submit these recommended changes in, City
government to the electorate for approval in the November 8, 2016 general election,. Finally, the
Committee encourages the City Commission to enthusiastically endorse these recommendations
to the electorate,
Respectfra i ed,
F awls Suaxe7, Con xniss:to nez, lit 4,
C].I.;C Chairman
- ce; Daniell Alfonso, City Manager
Vittoria dndez, City Attorney
Todd B. Hannon, City Clerk
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EXHIBIT 1
Sec. 3. - Powers.
The City of Miami shall have the governmental, corporate, and proprietary powers to enable
it to conduct municipal government, perform municipal functions and render municipal services
and may exercise any power for municipal purposes, except when expressly prohibited by law.
The city shall have the extraterritorial powers granted to the city by general and special law
and including Laws of Florida, ch. 10847 (1925), as amended.
The City of Miami shall have power to:
(a)—(e). [Reserved.]
(f) Acquisition and disposition of property and services:
(i) To acquire by purchase, gift, devise, condemnation or otherwise, real or personal property
or any estate or interest therein, inside or outside the city, for any of the purposes of the
city; and to improve, sell, lease, mortgage, pledge, or otherwise dispose of such property
or any part thereof.
(ii) To acquire or dispose of services inside or outside the city, by purchase, gift, or otherwise
for any purposes of the city.
(iii) To lease to or contract with entities for the management of any of the city's waterfront
property, but only in compliance with the other requirements of this charter and on
condition that:
(A) the teams of the contract allow reasonable public access to the water and reasonable
public use of the property, and comply with other charter waterfront setback and
view -corridor requirements; and
(B) the terms of the contract result in a fair market value return to the city based on two
independent appraisals performed by state certified appraisers; and
(C) the use is authorized under the then existing master plan of the city;
(D) the procurement methods prescribed by ordinances are observed;
(E) the contract does not exceed five years and does not contain an automatic renewal or
termination penalty.
Any such lease or contract management agreement or proposed extension or
modification of an existing such lease or contract management agreement which does
not comply with each of the above conditions shall not be valid unless it has first been
approved by a majority of the votes cast by the electorate at a referendum. majority of
the voters of the city.
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Nothing herein contained shall in any manner affect or apply to any project the
financing of which has been provided by the authorization of bonds to be issued by
the city.
For purposes of this section, waterfront property shall mean city -owned property
which abuts the following bodies of water: the Atlantic Ocean, Biscayne Bay, Little
River, the Miami River, all navigable waterways, and no others.
(g)—(1). [Reserved.]
(m) Harbor and shipping facilities: To establish, construct, maintain, and operate, both inside and
outside the city, public landings, wharves, docks, and warehouses; to dredge or deepen harbors
and rivers, or any branch or portion thereof; to install turning. basins, build jetties, and
otherwise improve the harbor and shipping facilities of the city, inside and outside the city and
inside and outside harbor lines where such improvements outside of harbor lines are approved
by the United States Government or its proper agencies; to acquire by condemnation or
otherwise all lands, riparian, and other rights and easements [necessary for the purposes
aforesaid; to lay and collect] reasonable duties or fees on vessels coming through or using said
landings, wharves, docks or warehouses; to regulate the manner of using other landings,
wharves, docks, and warehouses within the city; to prescribe and enforce reasonable rules and
regulations for the protection and use of said property; to advance to the Government of the
United States, with or without interest, funds to be expended in harbor improvements to be
made by the government in or near the city, or directly affecting the city within Miami Harbor
and the approaches thereto, if such work has been duly authorized by laws of the United
States; and to issue bonds or notes to obtain funds for such advances.
(n)—(11). [Reserved.]
(mm) Building and zoning:
(i) To provide by ordinance building, planning, and zoning regulations and restrictions
governing the height, number of stories, method of construction, type, and size of
buildings and other structures; the percentage and portion of the lot or site that may be
occupied; the size of the front, rear, and side yards, courts, and other open spaces; the
location, use of buildings, structures, and land for trade, industry, residences, apartment
houses, and other purposes; and the widening and future widening of streets in zoned
street areas that the city may establish. Such regulations may provide that a board of
appeals or the city commission may detetiuine and vary the application of building,
planning, or zoning ordinances in harmony with their general purpose and intent.
(ii) In order to preserve the city's natural scenic beauty, to guarantee open spaces, and to
protect the waterfront, anything in this Charter or the ordinances of the city to the
contrary notwithstanding, neither the city nor any of its agencies shall issue building
permits for any surface parking or enclosed structures located on Biscayne Bay or the
Miami River from its mouth to the N.W. 5th Street Bridge,
17
(A) which are not set back at least 50 feet from the seawall (where the depth of the lot is
less than 200 feet, the setback shall be at least 25 percent of the lot depth), and
(B) which do not have average side yards equal in aggregate to at least 25 percent of the
water frontage of each lot based on average lot width.
(iii) The above setback and side -yard requirements may be modified by the city commission
after design and site -plan review and public hearing only if the city commission
determines that the modifications requested provide public benefits such as direct public
access, public walkways, plaza dedications, covered parking up to the floodplain level, or
comparable benefits which promote a better urban environment and public advantages, or
which preserve natural features. Wherever setback, side -yard, or site -plan review
requirements of zoning ordinances are greater than the foregoing requirements, such
greater requirements shall govern.
(iv) These requirements shall not apply to docks and appurtenant structures, single-family
residences and appurtenant structures, and waterfront industrial uses along the Miami
River and at the Port of Miami. Nothing herein contained shall in any manner affect or
apply to: the City of Miami/University of Miami James L. Knight International Center
and hotel facility, including all improvements thereon, or to lands and projects which the
city commission has approved prior to September 18, 1979, by development order
pursuant to F.S. ch. 380 of a planned area development pursuant to article XXI-1, City of
Miami Comprehensive Zoning ordinance or which have received site and development
plan approval, including Plaza Venetia, Phase II, Resolution No. 72-113, April 20, 1972;
Resolution No. 72-114, April 20, 1972; and Resolution No. 72-416, July 20, 1972.
18
EXHIBIT 2
Sec. 4. - Form of Government; nomination and election.
(a) General description. The -form of government of the City of Miami, Florida provided -
shall have a
Strong Mayor -Commission form of government. tThe City Commission shall consist
of five citizens, who are qualified voters of the city and who shall be elected from
districts in the manner hereinafter provided. The city commission shall constitute the
governing body with powers (as hereinafter provided) to pass ordinances adopt
regulations and exercise all powers conferred upon the city except as hereinafter
provided. The mayor shall exercise all powers conferred herein, and shall appoint as
p ded-in section-4(g)(6)-e his Charter.
(b) Election of mayor and city commission; terms of office; recall. There shall be elected
by the qualified electors of the city at large a mayor who shall be a qualified elector
residing within the city at least one (1) year before qualifying and must maintain a
residence in the city for the duration of his or her term. The mayor shall not serve as a
member of the city commission. The mayor shall hold office for a term of 4 years or
until a successor shall be duly qualified and take office.
The city commission shall consist of five members who shall be elected from districts
within the city, numbered 1 through 5. All persons desiring to run for the office of city
commissioner shall file in the district, numbered 1 through 5, for which they are qualified as
provided in subsection (c) of this section of the Charter. City commissioners in districts
numbered 3 and 5 shall be elected at the general municipal election or runoff election to be
held in the year 2001 and at the general municipal election or runoff election each four
years thereafter. City commissioners in districts numbered 1, 2, and 4 shall be elected at the
general municipal election or runoff election to be held in the year 2003 and at the general
municipal election or runoff election each four years thereafter.
The mayor shall be elected at large by the electors of the city and shall hold office for
term of four years.
The mayor and all city commissioners fare} to hold office from twelve o'clock noon five
days after the canvass of the vote by the supervisor of elections and the declaration of the
result of either 1) the general municipal election or 2) runoff election and until their
successors are elected and qualified. Commencing with the election to be held in November
2001, and all elections subsequent thereto, no mayor or city commissioner elected and
qualified for two consecutive full terms under this form of government or any preceding
form of government shall be eligible for reelection in the next succeeding term. The mayor
and all other members of the city commission shall be subject to recalh. Vae me es sh 4 be
f'le i ed' ectio ' 2H ] of th^ Any member of the City Commission may be
recalled from office by the electors of the district they represent. The Mayor may be
19
recalled from office by the electors of the City. The municipal recall procedures set forth in
F.S. 100.361 shall be applied to both the members of the City Commission and the Mayor.
Unless otherwise stated in this Charter, vacancies in the Office of the Mayor and City
Commission shall be filled as provided in Section 12 of this Charter.
If a candidate for office of mayor or city commissioner receives a majority of votes in the
general municipal election for that office, the candidate shall be considered elected upon and
after the canvass of the vote and the declaration of the result of the election as provided. If no
candidate receives a majority of the votes for that office, the two candidates for the respective
office who received the greatest number of votes for that office in the general municipal election
shall be placed on the ballot at the runoff election. The candidate receiving the greatest number
of votes in the runoff election, shall be considered elected to the office for which the candidate
has qualified. The names of unopposed candidates for mayor or city commissioner shall not
appear on the runoff election ballot and a runoff election shall not take place. Each unopposed
candidate shall be deemed to have voted for himself or herself. No votes cast in favor of any
candidate who withdraws or becomes disqualified or deceased prior to any election shall be
counted. In the event that no candidate has qualified for mayor or city commissioner, a vacancy
shall be deemed to have occurred, and shall be filled as provided by the Charter of the City of
Miami for the filling of a vacancy.
(c) Qualifications of mayor and city commission; mayor, city commissioners, and other
officers and employees not to be interested in contracts, etc,; franks, free tickets, passes or
service. Candidates for mayor shall be residents of the city for at least one (1) year prior to
qualifying and shall be electors therein, and shall maintain residence in the City for the
duration of their term in office. Further, candidates for the city commission shall have resided
within the district at least one (1) year before qualifying and be electors in that district, and
shall maintain residence in that district for the duration of their termof office. The mayor, city
commissioners, and other officers and employees shall not be interested in the profits or
emoluments of any contract, job, work or service for the municipality. The mayor or any city
commissioner who shall cease to possess any of the qualifications herein required shall
forthwith forfeit his or her office, and any such contract in which any member is or may
become interested may be declared void by the city commission.
No mayor, city commissioner, or other officer or employee of said city shall accept any
frank, free ticket, pass or service directly or indirectly, from any person, firm or corporation
upon terms more favorable than are granted to the public generally. Any violation of the
provisions of this section shall be a misdemeanor. Such prohibition of free service shall not
apply to police or fire personnel in uniform or wearing their official badges, where same is
provided by ordinance.
(d) City commission to be judge of its own elections; neither mayor nor the city commission
nor any committees nor members thereof to may dictate appointments by or interfere with ei-ty
manager the mayor. The city commission shall be the judge of the election and qualifications
of the mayor and its own members, subject to review by the courts. Neither -ma -ye -nor the
city commission; nor any committees nor members thereof shall direct, request, take part in or
dictate the appointment or removal of any person in office or employment by the mayor eity
manager or subordinates or in any manner interfere with the mayor city manager or prevent
20
the mayor city manager from exercising his/her own judgment in the appointment of officers
and employees in the administrative service. Except where otherwise prohibited by Ordinance,
City Commissioners shall be permitted to communicate in writing and make written inquiries
of the administrative services for the purpose of transmitting constituent inquiries or assisting
City Commissioners in the exercise of their powers as set forth in this Charter, and as may be
necessary as provided in section 14. However, except as provided elsewhere in this Charter,
neither the City Commission, nor any committees nor members thereof shall give orders to
any subordinates of the Mayor, either publicly or privately.
yor, city manager, and neither the mayor nor the city commission, nor any committees nor
members thereof shall give orders to any of the subordinates of the m yor, city manager, city
attorney, city clerk and independent auditor general, either publicly or privately. Any such
dictation, prevention, orders or other interference or violation of this section on the part of the
fifer a member of the city commission or committees shall be deemed to be a violation of
the Charter, and upon conviction before a court of competent jurisdiction any individual so
convicted shall be subject to a fine not exceeding five hundred dollars ($500.00) or
imprisonment for a term of not exceeding sixty days or both, and in the discretion of the court
shall forfeit his or her office. Any willful violation of the provisions to this section by the
maye--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 Mayor shall not be a member of the
City Commission. The City Commission shall elect its Chairperson and Vice -Chairperson by a
majority vote. The Chairperson and Vice -Chairperson shall serve no more than two
consecutive two year terms. The Chairperson shall preside over City Commission meetings
and perform such other duties set forth in the Charter and Ordinances of the City of Miami.
The Vice -Chairperson shall perform the duties of the Chairperson in the absence or incapacity
of the Chairperson. Any member may be selected by the City Commission to preside over City
Commission meetings in the event of the absence of the Chairperson and the Vice -
Chairperson.
The Chairperson of the City Commission may organize the City Commission into standing
committees or special committees. Upon formation of any such committees, the City
Commission may appoint its members or authorize the Chairperson to appoint committee
members. Standing or special committees of the City Commission shall mean those comprised
of City Commission members only. 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--clay#lhe-x e rs--t1—efflee, they shall meet at the city hall.
Thereafter, Tthe 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
21
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. Commencing with the mayoral election held in November
2017, and in every mayoral election thereafter, tThe mayor shall serve as the chief executive
and administrative officer and head of the city government with the following specific powers
and duties:
(1) The Mayor shall be responsible for the management of all administrative
departments of the City, for carrying out ordinances, resolutions, and other measures
adopted by the City Commission, and seeing that all laws and ordinances are enforced.
The Mayor, or such other persons who may be designated by the Mayor, shall execute
contracts and other instruments, and sign bonds and other evidences of indebtedness.
The Mayor shall serve as the head of the City for emergency management purposes.
(2) The Mayor, or his designee, shall attend all meetings of the City Commission
with the right to take part in the discussion but having no vote. The Mayor shall also
have the right to recommend to the City Commission for adoption of such measures as
may be necessary or expedient. The —mayor shall be the presiding officer of the city
commission with the authority to designate another -me s beTv t res r y=commission
serve as presiding officer.
(3) The Mayor may appoint administrative aides to have such duties as he or she may
determine and to serve at his or her pleasure. The Mayor's administrative aides shall be
excluded from the civil service provisions of the Charter and Ordinances of the City of
Miami.
(4) Unless otherwise provided by this Charter, the Mayor shall have the power to
appoint, reprimand, and remove all department directors and all subordinate officers
and employees in the departments in both the classified and unclassified service of the
administrative departments of the City. The Mayor's power to reprimand and remove
does not extend to the staff of the City Commission, City Attorney, City Clerk, or
Independent Auditor General. All appointments shall be upon merit and fitness alone,
and in the classified service, all appointments and .removals shall be subject to the civil
service provisions of this Charter. Appointment of department directors shall become
effective unless disapproved by a 4/5ths affirmative vote of those City Commissioners
then in office at the City Commission's next regularly scheduled meeting. Such vote
shall be final and the Mayor shall be prohibited from reappointing the disapproved
department director to that same position. The police chief and fire chief shall be
subject to the supervision of the Mayor. All administrative functions not otherwise
specifically assigned to others by this Charter shall be performed under the supervision
of the Mayor. The Mayor shall also have the right to suspend, reprimand, remove, or
discharge any administrative department director, the police chief, or the fire chief,
with or without cause.
22
(2) (5) 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.
(-(6) In time of public danger or emergency, the mayor may declare a state of
emergency as provided in state law and may with the consent of the city commission,
take command of the police and maintain order and enforce the laws.
(-4) (7) During the any voluntary temporary absence ef--disability, the mayor shall
appoint a qualified member of the administration member of the city commission to
perform the duties of the mayor. However, in the event that the mayor does not or is
shall designate a member of the
eity commission to perform the duties of thbsence or
(8) 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 include actions pursuant to sections 29-B
through 29-D of the Charter.
(6) When one-
nsieriers then in office. In the event of a vacancy in the
approval within 14 days of a majority of the city-eemmissioners then in office. The
'conducting a
hearing within 10 days of said removal and the city 's riding _the
lion by a four fifths vote of those city the in office
Additionally, the city commission by a four fifths vote of those city commissioners
then in office shall be able to remove the city manager.
committees of the city commission ^ a the e :p &^ . n and i chairperso of each
commission as deemed necessary by the Mayor. Standing or special committees of the
city commission shall mean those comprised of city commi sion members only.
(9) The Mayor shall, within ten days of taking office, designate a member of the
administration to exercise all authority of the office of the Mayor, except for the veto
power, in the event of a vacancy in the office of the Mayor.
23
(10) To keep the city commission fully advised as to the financial condition and needs of
the City.
(-4) (11) The mayor shall prepare and deliver a report on the state of the city to the
people of the city between November 1 and January 31 annually. Such report shall be
prepared after consultation with the city commissioners_ ana t- e eity ,,,,.,,,^fir
{-9) (12) The mayor shall prepare and deliver a budgetary address annually to the
people of the city between July 1 and September 30. Such report shall be prepared after
consultation with the city manage
(13) Perform such other duties as may be prescribed by this Charter or be required by the
Mayor or ordinance or resolution of the City Commission.
(14) All references to the City Manager in the City Code of Ordinances shall be amended
to substitute the word "Mayor."
(h) Vacancy in the Office of the Mayor
(1) Permanent vacancy resulting from death, resignation, recall, court order or other
lawful action. If the office of the Mayor becomes permanently vacant by reason of
death, resignation, recall or other lawful action, such vacancy shall be filled with the
member of the administration designated by the Mayor pursuant to Section 4(g)(9) of
this Charter. The designee shall exercise all authority of the office of Mayor and shall
perform the duties and assume the responsibilities of that office, except for exercising
a mayoral veto, until a special election is held, which shall be no more than 60 days
after the vacancy is created.
(2) Temporary vacancy resulting from disability, suspension, court order or other lawful
action. If the office of the mayor becomes temporarily vacant by reason of disability,
suspension, court order or other lawful action, the temporary vacancy shall be filled
with the member of the administration designated by the Mayor pursuant to Section
4(g)(9) of this Charter. The designee shall exercise all authority of the office of
Mayor and shall perform the duties and assume the responsibilities of that office,
except for exercising a mayoral veto.
If the elected Mayor is returned to office, the Mayor will automatically resume the duties of
the office of the Mayor for the balance of the teiin to which elected. The existence of a
disability incapacitating the elected mayor from performing the duties of the office shall be
determined by an affirmative vote of at least 5 City Commission members based upon
competent, substantial medical evidence.
24
(i) 00 Salaries of the mayor and commission. Effective 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.
25
EXHIBIT 3
Sec. 5. The initiative and referendum.
(a) Power to adopt ordinances and repeal measures. The electors shall have power et
their option to adopt ordinances, excluding ordinances relating to subject that would be
precluded by law and to adopt the same at the polls, such power being known as the
"initiative". A petition meeting the requirements hereinafter provided and requesting
an "initiative petition" and shall be acted upon as hereinafter provided. to propose to
the city commission passage of ordinances or repeal of measures (including ordinances
and resolutions), and to vote on the passage of ordinances or repeal of measures if the
city commission refuses the requested action, such power being known as the
"initiative," with regard to the power to adopt ordinances, and the "referendum," with
regard to the power to repeal measures, according to the following procedure:
Any five registered voters may commence initiative 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
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.
1. Commencement of initiative and referendum proceedings. Any elector or group of
electors may commence initiative or referendum proceedings by filing with the city
clerk an affidavit stating they will be responsible for circulating the petition and filing
it in proper form. The affidavit shall state the name(s) and address(es) of the electors
responsible for the petition and shall specify the name and address of the elector to
whom all notices are to be sent. The affidavit shall set out in full the proposed ballot
language. The city clerk and city attorney shall, without delay, approve or disapprove
as to form the petition for circulation.
2. (10 Preparation of initiative or referendum 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 elector(s)
circulating the petition shall, within 120 days of the approval of the form of the
petition, obtain the valid signatures of voters in the city in numbers at least equal to 10
percent of the registered voters in the city on the day on which the petition is
approved, according to the official records of the County Supervisor of Elections. The
signatures need not all be on one paper, but must be in ink or indelible pencil and
include the printed name and residence address of each signer and date signed. The
proposed ordinance ballot language in full should shall be attached to the petition for
review of the signer. Each person circulating a copy of the petition shall attach to it a
sworn affidavit stating the number of pages and the number of signatures that he or she
collected, and the fact that each signature was made in the presence of the person
responsible for circulating the petition. The circulator of every such paper shall make
an affidavit on each page in substantially the following form:
26
STATE OF FLORIDA
!COUNTY OF MIAMI DADE
being duly sworn, deposes and says that he or she is the circulator of the
(Signed)
Subscribed and sworn to before me this day of
/ / 19
Notary Public
one instrument and shall have written or printed thereon the names and addresses of the
shall constitute the committee of the petition for the purposes hereinafter named.
3. {-e) Filing of petitions. Within 20 days after the filing of a petition, the city clerk
shall ascertain The signed petition shall be filed with the city clerk who shall within 20
days ascertain by examination the number of registered voters in the city whose
signatures are appended thereto and whether said number is at least 10 percent of the
total number of registered voters as shown by the registration records. The city clerk
shall attach to said petition a certificate showing the result of said examination and
give notice thereof in writing to one or more of the members of the committee of the
petition to the elector designated as the elector to whom all notices are to be sent, If
the number of signatures supporting the petition is shown to be insufficient, the
petition may be amended once within 10 days from the date of said certificate by the
filing of additional signatures. The city clerk shall, with 10 days after such
amendments, make examination of the amended petition. The final finding of the
insufficiency of a petition shall not prejudice the filing of a new petition for the same
purpose.
4. 40 Submission of petition to city commission. Upon ascertaining that a petition is
supported by a sufficient number of signatures, the city clerk shall so certify, and the
city clerk shall submit the proposed ordinance proposal to the city commission at its
next meeting. Upon receiving the proposed ordinance proposal, the city commission
shall proceed to consider it and shall take final action thereon within 30 days from the
date the petition is certified by the city clerk.
S. (e3 Election on initiated initiative proposed ordinances or referendum proposed
repeals of measures. If the city commission fails to pass the proposed an initiative
proposed ordinance, or if it passes it in a form different from that set forth in the
27
petition, or if it fails to repeal a measure brought before it through the referendum
process, then the ordinance initiative or referendum proposal shall be submitted in its
original form by the city commission to the vote of the electors at the next election
occurring not fewer than 30 days from the date of the final action by the city
commission. If no election is to be held within six months from such date, and if the
petition contains the valid signatures in numbers equal to at least 20 percent of the
registered voters in the city, the city commission shall call a special election to be held
not fewer than 3-0 45 days nor more than 120 days from such date. The result shall be
determined by a majority vote of the electors voting on the proposal.
6. {t} Initiative and referendum ballots. The ballots used when voting upon any
proposed ordinance shall state the substance thereof in clear, concise language,
without argument or prejudice, and shall provide only for a vote "yes" or "no." "€er
such ordinance vote in favor thereof, it shall thereupon become an ordinance of the
eity, If a measure is being submitted for repeal, the ballot shall include the substance
of the measure in clear, concise language, and shall provide only for a vote "yes" or
"no". The result shall be determined by a majority vote of the electors voting on the
proposal. When an ordinance proposed by initiative petition is passed by the city
commission, but not in its original form, the ordinance as passed by the city
commission shall not take effect until after the vote of the electors; if the ordinance so
submitted is approved by a majority of electors voting thereon, it shall thereupon
become an ordinance of the city, and the ordinance as passed by the city commission
shall be deemed repealed.
The following title shall be substantially the form of the ballot:
TITLE OF WITH GENERAL
STATEMENT OF SUBSTANCE THEREOF
FOR THE ORDINANCE.
AGAINST THE ORDINANCE.
(g) Number of ordinances to be initiated. Any number of proposed ordinances may be voted
upon at the same election in accordance with the provisions of this Charter.
(b) Conflict of initiative and referendum measures. If two or more measures adopted or
approved at the same election conflict with respect to any of their provisions, all
nonconflicting provisions shall go into effect. The provisions of the measure receiving
the highest affirmative vote shall prevail over the conflicting provisions of other
measures.
Initiative and referendum measures; limitations on subsequent action by the city
commission. An ordinance adopted by the electorate through the initiative process
shall not be amended or repealed by the city commission for a period of two years
after the election at which it was adopted, but thereafter it may be amended or repealed
like any other ordinance. A measure repealed by the electorate through the referendum
28
process shall not be reenacted by the city commission for a period of two years after
the election at which it was repealed, but thereafter it may be enacted like any other
measure.
Effective date of initiative and referendum measures. An ordinance proposed by
initiative petition or the repeal of a measure by referendum petition shall be effective
when the official results of such election are announced, except that:
(i) Any reduction or elimination of existing revenue or any increase in expenditures
not provided for by the current budget or by existing bond issues shall not take effect
until the beginning of the next succeeding fiscal year; and
(ii) Rights accumulated under a measure between the time a certified referendum
petition against the measure is presented to the Commission and the repeal of the
measure by the voters, shall not be enforced against the City.
(e) Emergency measures. Measures passed as emergency measures shall be subject to referendum
like other measures, except that they shall not be suspended from going into effect while
referendum proceedings are pending. An emergency measure subsequently repealed shall be
deemed sufficient authority for any payment made or expense incurred in accordance with the
measure previous to the appeal.
29
EXHIBIT 4
Sec. 6. The referendum.
() wer-efr-efcrcndum—The-eleeters—sh aloe power at their option to approve or reject
city commission to a vote of the electors excluding measures relating to subjects that
submitted to the city commission by initiative petition and passed by the city
commission without change or passed in an amended form shall be subject to the
referendum in the same manner as other measures.
Any five registered voters may commence referendum proceedings by filing with the city
cller d it statingthey will cent tute°the ee ittee.,—of the petition and be
the name and address of th member to whom all notices-pare-te ehe affidavit shall
set out in full the referred measure.
f , e e by the city petitions ed by 15 percent of the total
number of voters registered at the last general municipal election as shown by the city
bo „le.1 r be bm tto,1 t to e f the ele t„ t at ,v e arts all et ep+
the case of an emergency measure, become operative until the steps indicated herein have
been taken.
at the last general municipal election are required for referendum petitions. The referred
measure in full shall be attached to the petition for review of the signer. The signatures of
referendum petitions need not all be on one paper, but the circulator of every such paper shall
include the date signed, the printed name an dress-ef th€-sign r , n ll o„ h rape s shall be
ordinance or part sought to be repealed and such measure shall be attached to the petition for
review of the signer.
The circulator f every such paper shall make an affidavit on each page in substantially the
following form:
!STATE OF FLORIDA
COUNTY OF MIAMI DADE
being duly sworn, deposes and says that he (or she) is the circulator of the
foregoing petition paper containing signatures, and that said signatures were
30
purport to be:
(Signed)
Subscribed and sworn to before me this
20
Notary Public
day of
instrument and shall have written or printed thereon the names and addresses of the
committee of the petition who shall be officially regarded as filing the petition and who
shall constitute the committee of the petition for the purposes hereinafter named.
ascertain by examination the number of registered voters whose signatures are appended
as shown by the city registration records. The city clerk shall attach to such petiti n his or her
person —designated to receive notices by the committee of the petition. If the number of
1}
additional signatures. The city clerk shall, within- 10 days after such amendment, mako
examination of the amended petition.
(e) Referendum election. If the petition is found sufficient, the city commission shall proceed
t^ sider s ch t ^ ch sectio„ thereof as the petition shall specify. If upon such
provided, to a vote of the electors at the next genera' ipai ele tior occurring not less
measure, or such part thereof, shall thereupon be suspended from going into effect until said
election and shall then be deemed repealed unless approved by a majority of those voting
thereon. The city commission by a four fifths vote m a . s„t„mit such measure or part thereof
with. like eff et t the ele tors t a special election to be called by said city commission not
less than thirty days after the receipt of the city clerk's certificate.
(f) Limitations on enforcement of ordinances. No measure shall go into effect until thirty days
commission. No measure amending or repealing any measure adopted by the people at the
polls or by the city commission in compliance with an initiative petition shall be regarded as
an emergency measure.
substance of the measure in clear, concise language, without argument or prejudice, and shall
specify whethe„ the ,,, s being subm tted for approval or for repeal. If the measure is
31
"against the measure". If the measure is being submitted for repeal, the ballot shall provide
only -for a vote "for repeal" or "against repeal".
(h) Emergency measures. Measures passed as emergency measures shall be subject to
while referendum proceedings are pending. An emergency measure subsequently repealed
with the measure previous to the repeal.
(i) Conflict of referred measures. If two or more measures adopted or approved at the same
election conflict with respect to any of their provisions, all nonconflicting provisions shall go
into effect. The provisions of the measure receiving the highest wffshall p ail
over the conflicting provisions of other measures.
(j) Adoption or repeal. If a majority of the electors voting on any referendum vote to adopt or
repealed, as the case may be.
Sec. 6. Charter Amendment Initiative.
(a) Power to amend the charter. The electors shall have power to propose and vote on
amendments to the city charter, such power being known as the "charter amendment
initiative," according to the following procedure:
1. Commencement of charter initiative proceedings. Any elector or group of electors
may commence charter initiative proceedings by filing with the city clerk an affidavit
stating they will be responsible for circulating the petition and filing it in proper form.
The affidavit shall state the name(s) and address(es) of the elector(s) responsible for the
petition and shall specify the name and address of the elector to whom all notices are to
be sent. The affidavit shall set out in full the proposed ballot language. The city clerk
shall, without delay, approve or disapprove as to form the petition for circulation.
2. Preparation of charter initiative petition; affidavit of genuineness of signatures. The
elector(s) circulating the petition shall, within 120 days of the approval of the form of
the petition, obtain the valid signatures of voters in the city in numbers at least equal to
10 percent of the registered voters in the city on the day on which the petition is
approved, according to the official records of the County Supervisor of Elections. The
signatures need not all be on one paper, but must be in ink or indelible pencil and
include the printed name and residence address of each signer and date signed. The
proposed ballot language in full shall be attached to the petition for review of the signer.
Each person circulating a copy of the petition shall attach to it a sworn affidavit stating
the number of pages and the number of signatures that he or she collected, and the fact
that each signature was made in the presence of the person responsible for circulating
the petition.
32
3. Filing of petitions. The signed petition shall be filed with the city clerk who shall
within 20 days ascertain by examination the number of registered voters in the city
whose signatures are appended thereto and whether said number is at least 10 percent of
the total number of registered voters as shown by the registration records. The city clerk
shall attach to said petition a certificate showing the result of said examination and give
notice thereof in writing to the elector designated as the elector to whom all notices are
to be sent. If the number of signatures supporting the petition is shown to be insufficient,
the petition may be amended once within 10 days from the date of said certificate by the
filing of additional signatures. The city clerk shall, with 10 days after such amendments,
make examination of the amended petition. The final finding of the insufficiency of a
petition shall not prejudice the filing of a new petition for the same purpose.
4. Election on charter amendment initiative proposals. If the petition is determined to be
sufficient, the proposed charter amendment shall be submitted in its original form by the
city commission to the vote of the electors at the next election occurring not fewer than
30 days from the date of clerk's determination of sufficiency. If no election is to be held
within six months from such date, and if the petition contains the valid signatures in
numbers equal to at least 20 percent of the registered voters in the city, the city
commission shall call a special election to be held not fewer than 45 days nor more than
120 days from such date. The result shall be determined by a majority vote of the
electors voting on the proposal.
5. Charter amendment initiative ballots. The ballots used when voting upon any such
proposed charter amendment shall state the substance thereof in clear, concise language,
and shall provide only for a vote "yes" or "no". The result shall be determined by a
majority vote of the electors voting on the proposal.
6, Effective date. If any proposed charter amendment is ratified by a majority of the
electors voting thereon, it shall become effective at the time indicated in the
amendment; and if no time is indicated therein, then it shall become effective when the
official results of such election are announced.
33
EXHIBIT 5
Sec. 7. Election of city commissioners and mayor.
A general municipal election for the mayor and city commissioners shall be held on the first
Tuesday after the first Monday in November in odd -numbered years. A runoff election for the
mayor and city commissioners shall be held on the second third Tuesday after the first Monday
in November in odd -numbered years. All elections held in said city shall be conducted and held
according to the provisions of the general election laws of the State of Florida, except as
otherwise provided for in the Charter. The name of any person qualified as provided in section 4
of this Charter shall be printed upon the ballot as a candidate for the office of mayor or city
commissioner upon paying to the City of Miami the sum as prescribed by ordinance to be
accepted by the city clerk as a qualifying fee along withthe sum for election assessment as
prescribed by state law during the qualifying period as prescribed in this Charter prior to the date
of such general municipal election or special election to fill a vacancy. Any person qualified to
run for mayor or city commissioner shall file an affidavit of candidacy in the form provided by
the city clerk including his or her name, address, occupation and willingness to serve if elected,
accompanied by the requisite documents and fees as provided in state law and section 7 of this
Charter. An affidavit of candidacy shall be filed not earlier than 60 days and not later than 45
days prior to the date of the general municipal election or during the qualifying period for a
special election to fill a vacancy.
All such qualifying documents and fees shall be deposited with the city clerk no later than 6:00
pm. on the forty-fifth day prior to the general municipal election or the last day for qualifying in
a special election to fill a vacancy.
34
EXHIBIT 6
Sec. 12. Filling vacancies for mayor and commission.
(a) A vacancy on the city commission or in the office of mayor caused by death,
resignation, forfeiture, suspension, or other action or causes shall be filled within
ten days after such vacancy occurs by a majority of the remaining city
commissioners. The person appointed must meet the qualifications of the office as
required in section 4 of this Charter. The term of office of the person so
appointed, except in the circumstances detailed in section (c), below, shall be until
the successor in office is elected and qualified at whichever of the following
occurs first:
(1) the odd -year general municipal election for mayor and city
commissioners held pursuant to section 4 of the Charter, or
(2) the even -year State of Florida general election, at which election
national, state and county offices are filled,
The candidates for such election shall be qualified as provided in section 4 of this
Charter and the qualifying period and requirements for such election shall be as
provided in section 7 of this Charter.
(b) If the remaining city commissioners shall fail or refuse to fill such vacancy within
ten days after it occurs, as provided herein, the city commission shall call a
special election to fill the vacancy to be held at a date not more than 60 days less
than thirty eight or more than forty five days after the expiration of the ten-day
period and the five day qualifying period. The qualifying period for such special
election shall be for the first five (5) days not including Saturday, Sunday or legal
holidays after the call of the election before th thirt, eighth clay b fore the dµte
of the election and the procedure for the election not otherwise provided for in
this section shall be as provided in section 7 of this Charter. Except in the
circumstances detailed in section (c), Tthe person who receives the greatest
number of votes for the office in said special election is elected to fill the vacancy
t, th, elv tion „ ,;ded ; s b eet-i n (a () (2) _ f,14s section for the
remainder of the unexpired term of office.
(c) If a vacancy in any elected office is caused by forfeiture or suspension, the
vacancy shall be filled in the same manner as described in sections (a) and (b),
above, provided that if the elected official who has so vacated his or her seat is
later absolved of the allegations of wrong -doing, that elected official shall be
entitled to resume his or her elected position for the remainder of the unexpired
term, if any. The individual who assumed the position previously vacated by that
elected official shall resign from the assumed position to permit the original seat -
holder to resume the office for the remainder of the unexpired term, if any.
(e) (d) If the city commissioners shall fail to comply with their duties as set forth
in this section, then, and in that event, the court is hereby empowered and
35
authorized to enforce compliance with this act or to call an election itself to fill
such vacancy or vacancies on the city commission or in the office of mayor.
36
EXHIBIT 7
Sec. 14. - Commission may investigate official transactions, acts and conduct; Office of
Citizen's Advocate.
The mayor, city commission, or any committee thereof may investigate the financial
transactions of any office or department of the city government and the official acts and
conduct of any city official, and by similar investigations may secure information upon
any matter. In conducting such investigations the mayor, city commission, or any
committee thereof, may require the attendance of witnesses and the production of books,
papers and other evidence, and for that purpose may issue subpoenas which shall be
signed by the presiding officer of the city commission or the chair of such committee, as
the case may be, which may be served and executed by any police officer.
(b) For purposes of instilling heightened levels of ethics and transparency in the operations
of the City of Miami, the City Commission shall, by ordinance, create and establish an
Office of the Citizen's Advocate which shall, independent of the investigatory process
set forth in (a) above, be authorized to receive and mediate complaints against City
Officers (both elected and appointed), City employees, City Boards, Committees, and
City Departments (including Divisions thereof) alleging violations or infractions of the
City of Miami's Charter, City Code, Administrative Regulations, or other set of rules or
laws governing the operation of such City personnel or government. For purposes of this
section, any citizen or resident of the City may file such complaint either with the
Citizen's Advocate as provided hereinabove, or present said complaint for filing in a
court of law. Upon receipt of any such complaint, the Citizen's Advocate shall
determine if it should be directed to the State Attorney, Miami -Dade County Ethics
Commission, City of Miami Office of Independent Auditor General, Miami -Dade
Office of Inspector General, City's Human Resources Department, or other appropriate
body responsible for investigation of such alleged violation of law. The Citizen's
Advocate shall also be responsible for receiving whistleblower complaints and
coordinating same with the Miami -Dade County Ethics Commission.
The Citizen's Advocate shall be appointed by and serve at the will of the City
Commission, and shall be exempt from the classified service. The Citizen's Advocate
shall be an experienced and competent member of the Florida Bar with at least seven
years membership in the Florida Bar and is generally knowledgeable in Florida
municipal law.
37
EXHIBIT 8
Sec. 18. Establishment and Reorganization of City
Departments.
The following administrative departments are hereby established by this Charter:
(1) Department of law. Department of off-street parking; off-street parking board.
(a) There is hereby created and established as an agency and instrumentality of the City of
Miami, a new department to be named and known as the "Department of Off -Street Parking of
the City of Miami" (hereinafter sometimes called the "department of off-street parking" or the
"department"), and by that name it may sue and be sued, plead and be impleaded. contract and be
contracted with and have an official seal; provided, however, that the department shall not
commence business or exercise any of the powers granted by this act unless and until the city
commission of the City of Miami shall by ordinance declare the need for the department and for
the off-street parking board of the City of Miami hereinafter created. The department, which
shall operate and function under the supervisory control of the board created and established in
subsection (b) hereof, shall consist of a chief executive officer to be known as the "director of the
department of off-street parking" (hereinafter sometimes called the "director of the department"
or the "director") and such other officers and employees as shall be necessary to exercise the
powers and perform the duties and functions of the department.
(b) There is hereby created and established a board to be known as the "Off -Street Parking Board
of the City of Miami" (hereinafter sometimes called the "off-street parking board" or the
"board") which shall consist of five members. Each member of the board shall either reside or
have his or her principal place of business in the city and shall be an individual of outstanding
reputation for integrity, responsibility and business ability, but no officer or employee of the city
shall serve as a member of the board while employed as such officer or employee of the city.
Within thirty days after the city commission shall have adopted an ordinance declaring the need
for the department and for the board, it shall appoint the members of the board, two of whom
shall hold office for a term of two years, two of whom shall hold office for a term of three years,
and one of whom shall hold office for a term of four years, and thereafter each member shall be
appointed for a teini of five years, as herein provided.
At least twenty days prior to the date of expiration of the term of any member of the board, or
within ten days after the death, resignation or removal of any such member, such member's
successor shall be named and appointed by the remaining members of the board, subject to
confirmation by the city commission of the city. In the event that any appointment so made shall
not be confirmed by the city commission within ten days after notice of such appointment has
been served upon the city commission, the appointment shall be null and void, and thereupon the
remaining members of the board shall make a new appointment, or appointments, which shall
likewise be subject to confirmation by the city commission and each member of the board shall
be eligible for reappointment. The successor in each case shall be appointed and shall hold office
for a term of five years from the date of expiration of the term of his or her predecessor, except
that any person appointed to fill a vacancy shall serve only for the unexpired term.
38
Upon the effective date of his or her appointment, or as soon thereafter as practicable, each
member of the board shall enter upon his or her duties, but before doing so he or she shall take
the oath prescribed by law and shall execute a bond in the penal sum of ten thousand dollars
($10,000.00) payable to the department and conditioned upon the faithful performance of the
duties of his or her office, which bond shall be approved by the city commission of the city and
filed with the city clerk, the cost of the premium on any such bond to be treated as part of the
cost of operating the department.
The members of the board shall each be paid a salary of fifty dollars ($50.00) per annum, or such
larger sum as the city commission may establish by ordinance, payable in monthly installments.
Any member of the board may be removed by the city commission of the city for good cause and
after proper hearing by the city commission, but if so removed, may apply to the Circuit Court of
the Eleventh Judicial Circuit in and for Dade County, Florida, for a review of the action of the
city commission.
(c) The board shall have the powers, duties and responsibilities customarily invested in the board
of directors of a private corporation, and shall exercise supervisory control over the operation of
the off-street parking facilities of the city, and all acts of the department and of the director with
respect to such facilities shall be subject to the approval of the board. The board shall elect one
of its members to serve as chair of the board, shall make appropriate rules and regulations for its
own government and procedure, and shall hold a regular meeting at least once a month and such
special meetings as it may deem necessary, and all such meetings shall be open to the public.
(d) From and after the date of appointment of the first member of the board, the department shall
operate, manage and control the off-street parking facilities of the city and all properties
pertaining thereto now owned or hereafter acquired or constructed by the city or by the
department and shall succeed to and exercise all powers vested in and succeed to and perform all
functions and duties imposed upon the department of off-street parking of the city by and under
the provisions of this act.
Upon the adoption by the city commission of an ordinance declaring the need for the department
and the board, all powers, functions and duties relating to such off-street parking facilities and
properties pertaining thereto then vested in the city or any of its departments officers, including
but not limited to the exercise of the power of eminent domain, shall be and are hereby
transferred to the department, and all books, records and papers now existing or hereafter
acquired in the operation and maintenance of said facilities or relating thereto shall be the
property of and under the jurisdiction and control of the department; provided, however, that
nothing contained in this section shall be deemed to vest in the department the power to establish
and fix rates and charges for off-street parking service furnished by the off-street parking
facilities of the city or the power to issue revenue bonds. The department shall have full power
and authority to acquire, own, use, hire, lease, operate and dispose of real property and personal
property and of any interest therein, including the power to acquire by eminent domain
proceedings lands or any interest therein and rights -of -way and easements upon, in, along or
across any public street, road or highway for the purpose of constructing, maintaining or
operating off-street parking facilities as shall be necessary in the judgment of the off-street
parking board, and to make and enter into all contracts necessary or incidental to the exercise of
its powers and the performance of its duties and functions with respect to the operation,
39
management and control of said facilities, and to promulgate and enforce appropriate rules and
regulations governing the utilization of the services of the off-street parking facilities of the city.
(e) The director shall be appointed by and shall hold office at the will of the board. Such person
shall be of good moral character and have an excellent reputation for integrity, responsibility and
business ability, but no member of the board shall be eligible for appointment as director. The
director shall receive such salary, payable to him or her in equal semi-monthly installments, as
shall be fixed by the board. Before entering upon his or her duties, the director shall take any
oath and execute any bond prescribed by law. The director shall act as the chief executive officer
of the department, shall devote his or her entire time and attention to the duties of his or her
office and shall not engage actively in any other business or profession. Subject to the direction
and approval of the board, the director shall have general supervision over and be responsible for
the operation and maintenance of the off-street parking facilities of the city and shall exercise the
powers vested in and perform the functions and duties imposed upon him or her as herein
provided. The director shall attend all meetings of the board, shall furnish to the board and the
city commission of the city a monthly report with respect to the operation, maintenance and
financial condition of the department of off-street parking, and shall from time to time have
prepared and shall furnish such reports, audits and other information relating to said facilities as
made required by the board.
In the event that the director shall for any reason be temporarily incapable of exercising the
powers and of performing the duties and functions of his or her office, the board may appoint an
acting director to exercise such powers and to perform such functions and duties until such
incapacity of the director shall be terminated.
(f) Subject to the approval of the board, the director shall employ such additional executive and
operating assistance, including engineering and other experts and professional assistance, as shall
be necessary to provide for the efficient operation of the department. Included in the personnel to
be employed, there shall be the following subordinate officers whose positions shall be in the
unclassified service of the city:
(1) A treasurer, who shall perfoni the functions and duties customarily performed by the
treasurer of a private corporation. The treasurer shall be responsible for all funds of the
department, for all accounts and accounting records relating to the department and its operation,
and for the preparation of all checks and vouchers requisite to the operation of the department.
(2) A secretary, who shall perform the functions and duties customarily performed by the
secretary of a private corporation. The secretary shall have charge and custody of the official seal
and of all books, records, documents and papers of the department other than those required to be
in the custody of the treasurer. He or she shall attend in person all meetings of the board, and
shall keep a correct record of all the proceedings of the board, and shall perform such other
duties as may be assigned to him or her as secretary by the board.
(g) The city attorney shall act as general counsel for the department and for the board in all
matters of law which may arise, and shall prosecute or defend all suits brought by or against the
city or the department or the board which relate to the off-street parking facilities of the city.
Special counsel as shall be deemed necessary by the city attorney may be employed by the
40
director subject to the approval of the board, city attorney and city commission. Such special
counsel shall serve under the direct supervision and control of the city attorney,
(h) All budgets, funds and accounts pertaining to the off-street parking facilities of the city shall
be segregated from all other budgets, funds and accounts of the city and shall be so kept that they
shall reflect the financial condition and the operation of each off-street parking facility of the city
separately. Not later than one month before the end of each fiscal year the director, with the
approval of the board, shall prepare and submit to the city commission of the city a budget
estimate of expenditures and revenues for the ensuing fiscal year in the same form and like
manner as all other departments of the city for approval by the city commission with the
exception, however, that such budget estimate will be submitted directly to the city commission
of the city for its approval.
(i) All expenses incurred by the department and by the board in exercising their powers and
performing their functions and duties shall be paid solely from the revenues of the off-street
parking facilities of the city and no liability or obligation not payable from the revenues of said
facilities shall at any time be incurred in connection with the operation thereof.
(j) Should there occur in any fiscal year an excess of revenue over expenditures required for
operation, maintenance, required reserves and debt service, then such excess revenues shall,
subject to the provisions of any ordinance of the city commission of the city authorizing the
issuance of parking facilities revenue bonds of the city, and to the provisions of any trust
indenture or trust agreement securing such bonds, be paid into the general funds of the city.
(k) All powers and rights conferred by this section shall be in addition and supplemental to those
conferred by any other general or special law and shall be liberally construed to effectuate the
purposes hereof; and the department and the board shall have power, in addition to exercising the
powers expressly conferred in and by this section, to do all things necessary or convenient to
carry out the purposes hereof.
(2) Reserved. Department of fire -rescue.
(a) Department Director. The city manager is hereby authorized to appoint a director of the
department of fire -rescue who shall serve subject to the supervision and control of the
city manager. The fire chief shall be the director of the department of fire -rescue, and
appointed in accordance with the provisions set forth herein.
(b) Removal. The city manager shall have the exclusive right to suspend the fire chief for
incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by
proper authority, or for any other just and reasonable cause. If such chief be so
suspended, the city manager shall forthwith certify the fact, together with the cause of
suspension, to the commission who, within five days from the date of receipt of such
notice, shall proceed to hear such charges and render judgment thereon, which judgment
shall be final.
(c) Compliance with state law. If the chief is arrested for felony or for a misdemeanor related
to the duties of office or is indicted or informed against for the commission of a federal
41
felony or misdemeanor or state felony or misdemeanor, the provisions of F.S. § 112.51(2)
shall apply.
(d) Powers and duties. Subject to the supervision and control of the city manager in all
matters, the director of the department of fire -rescue shall administer the affairs of the
department, which shall include the immediate direction and control of the fire force, and
is charged with responsibilities for the prevention, control and suppression of fire, and
providing emergency medical and rescue service in the city. The responsibilities of the
department shall include, but not be limited to, the activities of fire administration, fire
training, fire prevention, firefighting, maintenance and operation of fire equipment and
coordination of the installation of new fire hydrants as well as maintenance of existing
fire hydrants.
(3) Reserved. Police Department.
(a) Department director. The city manager is hereby authorized to appoint a director of the
police department who shall serve subject to the supervision and the control of the city
manager. The chief of police shall be the director of the police department.
(b) Removal. The city manager shall have the exclusive right to suspend the chief of police
for incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given
by proper authority, or for any other just and reasonable cause. If such chief be so
suspended, the city manager shall forthwith certify the fact, together with the cause of
suspension, to the commission who, within five days from the date of receipt of such
notice, shall proceed to hear such charges and render judgment thereon, which judgment
shall be final.
(c) Compliance with State Law. If the chief is arrested for a felony or for a misdemeanor
related to the duties of office or is indicted or informed against for the commission of a
federal felony or misdemeanor or state felony or misdemeanor, the provisions of F.S. §
112.51(2) shall apply.
(d) Powers and duties. Subject to the supervision and control of the city manager in all
matters, the director of the police department shall administer the affairs of the
department which shall include the immediate direction and control of the police force,
and he is charged with responsibilities for the prevention, control and suppression of
crime in the city. The responsibilities of the police department shall include, but not be
limited to, the activities of police administration, traffic control, police patrols, training,
criminal investigation, police property, police records and the communications center.
(4) Department of public safety. Department of finance.
(a) Department director. Subject to the supervision and control of the city manager, the director
of finance shall have charge of the department of finance and shall administer the financial
affairs of the city, including the keeping and supervision of all accounts, the levy, assessment and
collection of revenues, the making and collection of special assessments, the custody and
42
disbursement of city funds and monies, the control over expenditures, and such other duties as
the city manager may direct.
(b) Form and manner of keeping accounts and making reports. Accounts shall be kept by the
department of finance showing the financial transactions of all departments and offices of the
city. The forms of all such accounts and the financial reports rendered to or by the department of
finance shall be prescribed by the director of finance with the approval of the city manager. The
accounts and accounting procedure of the city shall be consistent with the pronouncements of the
Governmental Accounting Standards Board and accounting principles as generally accepted in
the United States.
(5) Department of finance. Reserved.
For any other departments not otherwise established pursuant to this Charter, the City
Commission may, by ordinance adopted by vote of at least three members of the City
Commission, create new departments or discontinue any department created by ordinance and
determine, combine, and distribute the functions and duties of departments and subdivisions
thereof.
43
EXHIBIT 9
Sec. 19. - Creation of new ,dcpart,nef ts; discontin ,.,nee o f departments Office of the City
Attorney.
city commission, create new departments or discontinue any department and determine,
(1) The Office of the City Attorney is hereby created by this Charter:
The city attorney shall be the director of the department of law and an attorney -at -law in
good standing admitted to the practice in the State of Florida for at least ten (10) years. The city
attorney shall be the legal advisor of and attorney and counsel for the city, and for all officers
and departments thereof in matters relating to their official duties, and for every City agency,
authority, advisory board, regulatory board, quasi-judicial board, semiautonomous
instrumentality, committee, task force, or any other similar body created and funded in whole or
in part by the City Commission unless otherwise stated in the Charter. The city attorney shall
prosecute and defend all suits, complaints, and controversies, for and ii on behalf of the city,
including all municipal violations, and shall prepare all contracts, bonds and instruments in
writing in which the city is concerned and shall endorse on each approval of the faun and
correctness thereof.
The city attorney shall be the prosecuting attorney of the municipal court. The city attorney
ce may authorize. The
far as they are applicable thereto, as are required of the prosecuting attorney of the county.
When required to do so by the resolution of the city commission, the city attorney shall
the city is a party, and such other suits, matters and controversies as he shall, by resolution or
ordinance, be directed to prosecute or defend.
The mayor, city commission, the city manager, the director of any department, or any
officer or board not included within a department, may require the opinion of the city attorney
upon any question of law involving their respective powers and duties.
The city attorney shall be a full-time governmental employee; shall not engage in the
private practice of law; and upon his or her election by the city commission shall serve at the will
of the City Commission or until the time that a successor has been appointed by the City
Commission. until the time for the lection of the city officials specifi d in section '1 of the
Charter which follows the next general municipal election. All employees of the Office of the
City Attorney shall be unclassified employees and shall be selected, appointed, and employed in
the sole discretion of the City Attorney. The City Attorney shall have the right to discharge,
remove, and replace any employee of the Office of the City Attorney, and any counsel retained
to represent the City, at any time without cause.
44
EXHIBIT 10
Sec. 21. Department of law.
The city attorney shall be the director of the department of law and an attorney at law
er-ney shall be the legal advisor of and
attorney and counsel for the city, and for all officers and departments thereof in matters relating
concerned and shall endorse on each approval of the form and correctness thereof.
The city attorney shall be -the prosecuting attorney of the municipal court. The city
att-offteVe such number of assistants as the city commission by of4 y
authorize. The city attorney shall prosecutell bi ugha �r-be ore--sueh court and perform the
the county.
When required to do so by the resolution of the-eity-eomm-issier ety=attorney shall
prosecute or defend for and in behalf of the city all complaints, suits and controversies in which
the city ;s a -„arty, and such other suits, matters and controversies as he shall, by resolution or
�4 4l-.e ,ty m er t e ll ir•. to. of ., de ammo 4 n e
=Fl��� .,,y 1 lab,,., ���., uu��v� �=y
officer or board not includee ., iThin ^ de c opinienrof-t e eity-titter-tea$
private practice of la v; and upon his or her election by the city commission shall serve until the
ram,• *'�� �' *'�� 4s-specified in section 1 of the Charter which fellows the
Z27id�liJ1 L11V V1VV41 V11 Vl L11V V V111Viu
i h ra ,ro p.,l election
45
EXHIBIT 11
Sec. 23. Department of off str
(a) There is hereby created and established as an agency and instrumentality of the City of
the City of Miami" (hereinafter sometimes called the "department of off street parking" or the
contracted with and have an official seal; provided, however, that the department shall not
commence business or exercise any of the powers granted by this act unless and unti -4hc
eenimission-ef-the-GitAfrof—Miami-sliall-by-or-clinanee-Eleelare-the-need-for--the-elep aft -meat -and -fey
the off street parking board of the City of Miami hereinafter created. The department, which
or the "director") and such other officers and employees as shall be necessary to exercise the
powers and perform the duties and functions of the department.
of the City of Miami" (hereinafter sometimes called the "off street parking board" or the
"board") which shall consist of five members. Each member of the board shall either reside or
have his or her principal place of business in the city and shall be an individual of outstanding
Within thirty days after the city commission shall have adopted an ordinance declaring the need
confirmation by the city commission of the city. In the event that any appointment so made shall
been served upon the city commission, the appointment shall be null and void, and thereupon the
likewise be subject to confirmation by thecity ^ nd each member of the board shall
be eligible for reappointment. The successor in eachhall he aN„ointea ane shal hold office
for a term of five years from the date of expiration of the term of his or her predecessor, except
that any person appointed to fill a vacancy shall serve only for the unexpired term.
Upon the effective date of his or her appointment, or as soon thereafter as practicable, each
($10,000.00) payable to the department and conditioned upon the faithful performance of the
46
filed with the city clerk, the cost of the premium on any such bond to be treated as part of the
cost of operating the department.
The members of the board shall each be paid a salary of fifty dollars ($50.00) per annum, or such
larger sum as the city commission may establish by ordinance, payable in monthly installments.
Any member of the board may be removed by the city commission of the city for good cause and
after proper hearing by the city commission, but if so removed, may apply to the Circuit Court of
the Eleventh Judicial Circuit in and for Dade County, Florida, for revie <, f t e action of the
city commission.
the off street parki
respect to such facilities shall be subject to the approval of the board. The board shall elect one
(d) From and after the date of appointment of the first me mber ofthe board ,the departY e t sh ll
pertaining thereto now owned or hereafter acquired or constructed by the city or by the
department and shall succeed to and exercise all powers vested in and succeed to and perform all
{ing of the eity by--and-under
the provisions of this act.
Upon the adoption by the city commission of an ordinance declaring the need for the department
and the board, all powers, functions and duties relating to such off street parking facilities and
but not limited to the exercise of the power of eminent domain, shall be and are hereby
transferred to the department, and all books, records and papers now existing or hereafter
property of and under the jurisdiction and control of the department; provided, however, that
and authority to acquire, own, use, hire, lease, operate and dispose of real property and personal
property and of any interest therein, including the power to acquire by eminent domain
proceedings lands or any interest therein and rights of way and easements upon, in, along or
across any public street, road or highway for the purpose of constructing, maintaining or
parking board, and to make and enter into all contracts necessary or incidental to the exercise—eef
its powers and the performance of its duties and functions with respect to the operation,
regulations governing the utilization of the services of the off street parking facilities of the city.
(e) The director shall be appointed by and shall hold office at the will of the board. Such person
shall be of good moral character and have an excellent reputation for integrity, responsibility and
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�;xed by the b r a 1 r h d t the di ter shall take any
shall-bP . Befo�.���� -m,� � ..,e, ��.., �...,..�.,. �.�w..
oath and execute any bond prescribed by law. The director shall act as the chief executive officer
ef-lie department, shall devote his or her entire time and attention to the duties of his or her
office and shall not engage actively in any other business or profession. Subject to the direction
the operation and maintenance of the off street parking facilities of the city and shall exercise the
provided. The director shall attend all meetings of th board, h 11 f nish t. -he beard and the
financial ditio.„ o f the departine.nt f o ff st eet parking, and shall from time to time have
prepared and shall furnish such reports, audits and other information relating to said facilities as
may be required by the board.
I the event that the director shall f. r reason be temporarily incapable of exercising the
powers and of performing the duties and functions of his or her office, the board may appoint an
acting director to exercise such powers and to performsuch fun. tion„ and aµt es until such
ineapaeity-ef-the-Elireeter-shall-be-terminated,
to
unclassified service of the city:
(1) A treasurer, who shall perf r th f ti d t' t^ serf rme by th vraii�n�rccnccrvxr.Tctncrc[crcxr�scccJt,c c �...... ���..
treasurer of a private corporation. The treasurer shall be responsible for all funds of the
and for the preparation of all checks and vouchers requisite to the operation of the department.
(2) A secretary, who shall perform the functions and duties customarily pe f,,,..,ed by the
in the custody of the treasurer. He or she shall attend in person all meetings of the board, and
shall keep a correct record of all the proceedings of the board, and shall perform such other
cluties-as-may-be-assigned--te-hirn-er-her-as-seefetary-lay-the-beard,
matters of law which may arise, and shall prosecute or defend all suits brought by or against the
city or the department or the board which relate to the off street parking facilities of the city.
director subject to the approval of the board, city attorney and city commission. Such special
counsel shall serve under the direct supervision and control of the city attorney.
(h) All budgets, funds and accounts pertaining to the off street parking f cilities efthe city shall.
be segregated from all other budgets, funds and accounts of the city and shall be so kept that they
shall reflect the financial condition and the operation of each off street- parking facility of the city
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approval of the board, shall prepare and submit to the city ^ o f the city a budg„t
estimate of expenditures and revenues for the ensuing cal year t z f rm and lire
manner as all other departments of the city for approval by the city commission with the
of the city for its approval.
parking facilities of the city and no liability or obligation not payable from the revenues of said
facilities shall at any time be incurred in connection with the operation thereof.
uired for
operation, maintenance, required reserves and debt service, then such excess revenues shall,
issuance of parking facilities revenue bonds of the city, and to the provisions of any trust
indenture or trust agreement securing such bonds, be paid into the general funds of the city.
(k) All powers and rights conferred by this section shall be in addition and supplemental to those
powers expressly conferred in and by this section, + al th ~ ^ nve `ent to
carry out the purposes hereof.
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EXHIBIT 12
The head of the department of public safety shall be knov'vn as the director of public safety.
department of public safety hall be the executive head of the division of police and fire. He or
she shall be the chi-ef--adfnin t n-e'er- r tters ita -n- ng to +he erection,
maintenance, repair, removal, razing, occupancy and-irispeetian-e- 13t4rclings--un err —sue i
regulations as may be ordained by the city commission.
other employees as the city manager may determine. The --chief of police shalt —have the
immediate direction and control of the police f , ision of the
irector may
prescribe, and through the chief of police, the director of public safety shall promulgate
all orders, rules and regulations for the government of the police force. The chief of
shall no, be abaent- rrmrn-the- crt�„- e�itc�p`ta-iTlthe v erfof,ance f-h4 er r,er official duties,
kept epe t all hours gay , ght nd either. the hief rpolice or a subordinate shall be
in constant attendance. In case of the disability of the chief f pe4 ee b„ .,e ser ef•
sickness, absence fremthe-eiter other cause, the director of public safety -shall designate
of the police force, other than the chief, shall be selected from the list of eligibles
may-appeirrt d li ienal-pa r&lmen and offic -rs-fer temperary r�+i ho need net be in
receive a warrant of appointment signed by the city manager, in which the date of the
N=e-person except as otherwise provided by general law-tl3is-C-1ss ='_! et ei-a
_au rliai4ty f:.ei t i d e ter e -p blie
control of the chief of police and for a time specified n the appointment.
The members of the police force of said city shall be invested with all the power and
The chief of police or any police officer of the City of Miami, may arrest without warrant,
any person violating any of the ordinances of the city committed in the presence of
come to the said chief of police or police officer, not committed in his or her presence,
50
wa nt-ferth e—aaest of such person.
a e eyee as the e ty manager may determine. The fire chief shall have immediate
safety and to such rules, regulations and orders as the said director may prescribe and through
the fire chief the dire, for o f l
fety shall promulgate all orders, rules and regulations for
the government of the fire department.
of eligibles prepared by the civil service board and in accordance with such rules and
r gu1ati — - a be c :b€, , ai bar ro= d that in case of riot;
conflagration or emergency, the director of public safety may —appoint —additional
firemen and officers for temporary service who need not be in the classified service.
powers ofpoliee officers while goin„ t attending or returning from any fire or alarm
assistants shall have issued to him or her a
warrant
aPP
Whenever any building in said city shall be on fire, it shall be lawful for the chief of the
flee department to order and- iireet suc-h-buildfnb-other-building wl i he
-such buildings, to be pulled n o destroye? and n .lion shaI
against said chief or any person acting under his or her authority therefor.
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EXHIBIT 13
The chief of police and fire chief shall have the right and power to suspend any of the
control for incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given
hr,jproper authorit r f r- ^ „ther ; st andz , fficer- ployee
certify the fact together with the cause of suspension, to the director of public safety, who shall
ouspension, reduction in rank or disco
The director of public s^f ty ;
^ iy-cn�^�r�xzccrx—rrct
and secure the attendance of witnesses and the production of books and papers.
The employee shall be allowed the same appeal procedure -asset forth ;n section 36(f „fthe
Charter, provided, however, in the event the off es of city manager and director of public safety
are held by the same person, the cfety, before pas.,ing upon the
-toa
hearing upon the suspension charges preferred by the chiefs of fire or police and to report its
•
manager director of public safety then shall pass judgment upon the person suspended, after
considerii the-frndi and recommendations -of the ei 7 seiwi e ho w
52
EXHIBIT 14
f of police and fire chief
to elacy orders given by
ien;
to the commission who within five (5) days from the date of receipt of suchnotice, shall proceed
to hear such charges and render judgment thereon, which judgment shall be final.
53
EXHIBIT 15
Sec. 29-B. - City -owned property sale or lease —Generally.
Notwithstanding any provision to the contrary contained in this Charter or the City Code,
and except as provided below, the city commission is prohibited from favorably considering any
sale or lease of property owned by the city unless there is a return to the city of fair market value,.
as determined by two independent appraisals performed by state certified appraisers, under such
proposed sale or lease. The city commission is also prohibited from favorably considering any
sale or lease of city -owned property unless (a) there shall have been, prior to the date of the city
commission's consideration of such sale or lease, an advertisement soliciting proposals for said
sale or lease published in a daily newspaper of general paid circulation in the city, allowing not
less than ninety (90) days for the city's receipt of proposals from prospective purchasers or
lessees, said advertisement to be no less than one-fourth (A) page and the headline in the
advertisement to be in a type no smaller than 18-point and, (b) except as provided below, there
shall have been at least three (3) written proposals received from prospective purchasers or
lessees; however, if there are less than three (3) such proposals received,, and if the guaranteed
return under the proposal whose acceptance is being consideredis equal to fair market value, as
determined by two independent appraisals performed by state certified appraisers, and the city
commission determines that the contemplated sale or lease will be in the city's best interest then,
subject to the approval of a majority of the votes cast by the electorate at a referendum, the sale
or lease may be consummated. Any lease for the development of improvements of city -owned
property which has been approved by voter referendum shall require additional voter referendum
approval for a development on City -owned property where the developer has not obtained the
necessary building permits within four (4) years of the effective date of the lease. Such section
shall not be applicable when the delay in the performance of any obligation is as a result of force
majeure, or litigation that questions the validity of the vote, or the City Commission action to
place the question for referendum, then the performance of such obligation shall be extended by
the length of the delay. In the case of city -owned property which is not waterfront, when the
value of such property to be sold or leased (individual leaseholds within a single city -owned
property shall not be considered as a single parcel of property for such valuation purposes) is five
hundred thousand dollars ($500,000) or less, based on an appraisal performed by a state -certified
appraiser, the city commission, by a 4/5ths affirmative vote, may sell or lease said city -owned
property after compliance with the advertisement requirements set forth above but without the
necessity of a referendum.
The above provisions and any other city requirements for competitive bidding shall not
apply when:
(a) conveying property to implement housing programs or projects which are
intended to benefit persons or households with low and/or moderate income,
the criteria of which to be provided for by federal and/or state law or by the
city commission;
(b) conveying property to implement projects authorized under the Florida
Community Redevelopment Act of 1969, as amended;
54
(c) conveying property to implement projects of any government, governmental
agency or instrumentality. For purposes of this subsection only, the term
"City" as used above, is defined to include the City Commission and any
agency, board, or instrumentality of the City of Miami;
(d) disposing of property acquired as a result of foreclosure;
(e) disposing of property acquired in connection with delinquent taxes which
properties were conveyed to the city by the Miami Dade board of county
commissioners under the provisions of Section 197.592 Florida Statutes, as
amended; and
(4) (d) disposing of non -waterfront property to the owner of an adjacent property
when the subject property is 7,500 square feet or less or the subject non-
waterfront property is non -buildable.
Notwithstanding anything herein to the contrary, the city commission, by a 4/5ths
affirmative vote, may:
(a) grant a lessee of city owned property a one time extension during the last five
funding additional capital improvements. -The extended term shall not exceed
twenty five percent of the er4gl term or ten years, whichever is less. The
granting of sue-1 -a —e*te—&ion is subj-ec to the lessee paying fair market rent as
(b-) amend the Lease Agreement between the City of Miami and Biscayne Bay
Restaurant Corp., d/b/a Rusty Pelican, dated February 13, 1970, as amended, to (i)
extend the lease for an additional term of fifteen (15) years, with the option to
renew for two (2) additional five (5) year periods, (ii) increase the amount of the
minimum guarantee to the City to at least $360,000 per lease year effective upon
execution of the lease amendment, and (iii) require Rusty Pelican to complete
capital improvements to the property, including a public baywalk, in the amount
of not less than $3 Million, within twenty-four (24) months of the effective date
of the lease amendment.
Notwithstanding anything in this Charter to the contrary, the City may enter into leases or
management agreements, for any City -owned submerged lands, with entities having a possessory
or ownership interest in the abutting riparian uplands for building marinas, docks or like
facilities, using methods adopted by ordinance on the condition that such leases or management
agreements result in a return to the City of at least fair market value.
55
EXHIBIT 16
Sec. 51. - Civilian investigative panel.
The city commission shall, by ordinance, create and establish a civilian investigative panel
to act as independent citizens' oversight of the sworn police department, to be:
(A) Composed of; ar ap„ointee of the chief of police who is not a City of Miami police
officer, and exclusively of a number of (i) twelve (12) civilian members to be determined
who shall be nominated by the publie civilian investigative panel and appointed approved
by the city commission and (ii) a thirteenth (13th) member who shall be an appointee of
the chief of police who is not a City of Miami police officer;
(B) Advised by independent counsel Staffed with professional personnel, including but not
limited to: (i) an executive director who shall serve as chief executive officer, and (ii) an
independent legal counsel who is an experienced and competent member of the Florida
Bar with at least seven years membership in the Florida Bar and is generally
knowledgeable in municipal law, both of whom shall be end appointed by and subject to
removal by the panel with the approval of the city attorney and with authority to remove
by the city attorney city commission;
(C)
an annual approved budget Operated on an annual budget established by the City
Commission, by ordinance, that will allow the panel to maintain its independence and
perform its charter mandated functions, with sufficient professional staff, while taking
into account the City Manager's declaration of a fiscal emergency, a financial urgency, or
financial emergency in the city;
(D) Authorized by vote of the CIP with "subpoena powers" that may only be used upon the
approval of the "Independent Counsel" and in "consultation" with the state attorney of
Miami -Dade County, further, to issue subpoenas for allegations which are criminal in
nature, provided that the CIP may not confer immunity and must advise all city
employees appearing before it that no adverse employment consequences will result from
the valid exercise of their right to be free from self incrimination, and, further, all that no
actions of the CIP shall not may interfere with any pending or potential criminal
investigation or prosecution; and
(E) Authorized to:
(1) Conduct independent investigations of allegations of police misconduct and police
uses of force resulting in death or great bodily harm to a person,
(2) Conduct independent investigations of other matters pertaining to repeated issues of
conduct by City of Miami police officers;incidents e is �temic problem
involving the police that affect the community;
(2) (3) Review and make recommendations regarding policies of the police department
policies and practices, and
56
(4.)Make written requests and recommendations regarding the CIP's reviews and investigations to
the city manager and/or directly to the police chief, to which the police shall issue a timely written
response shall be received within a8 45 days.
57
EXHIBIT 17
Sec. 52. Citizens' Bill of Rights:
(A) This government has been created to protect the governed, not the governing. In order to
provide the public with full and accurate information, to promote efficient administrative
management, to make government more accountable, and to insure to all persons fair and
equitable treatment, the City adopts the provisions of the Miami -Dade County Citizens Bill of
Rights as applied to municipal governments located within Miami -Dade County and
guarantees the following additional rights are to its Citizens guaranteed:
1. To Be Governed By The Rule of Law. The City of Miami Charter is the Constitution
of the City of Miami and the City shall abide by all of its express provisions.
12. Religion and Conscience. The City shall not interfere with the freedom of each person
in the city to follow the dictates of his or her own conscience concerning religious
worship, nor shall the city support any religion.
23. Speech, Assembly and Press. The City shall not interfere with the rights: (i) of
freedom of speech; (ii) of freedom of the press; (iii) to petition the government, or (iv) to
peaceable assembly.
34. Unreasonable Searches and Seizures. The City shall not authorize any unreasonable
search or seizure.
45. Nondiscrimination. The City shall not, directly or indirectly, discriminate among
persons because of race, color, creed, religion, sex, domestic relationship status, parental
status, familial status, sexual orientation, national origin, political affiliation, gender
identity and expression, or racial profiling. Nothing herein shall prevent the City of
Miami from remedying present discrimination or the present effects of past
discrimination by a race -conscious affitmative action program which is in compliance
with the Constitution and laws of the United States of America and the State of Florida.
56. Environmental Protection. The City shall promote the right of the people to clean air,
pure water, freedom from excessive and unnecessary noise, and the natural, scenic,
historic and aesthetic qualities of the environment.
67. Natural Resources and Scenic Beauty. It shall be the policy of the City to conserve
and protect its natural resources and scenic beauty, which policy shall include the
abatement of air, land, and water pollution, and excessive and unnecessary noise.
(B) The foregoing enumeration of citizens' rights vests large and pervasive powers in the
citizenry of the City of Miami. Such power necessarily carries with it responsibility of equal
magnitude for the successful operation of government in the City. The orderly, efficient and
fair operation of government requires the intelligent participation of individual citizens
exercising their rights with dignity and restraint so as to avoid any sweeping acceleration in
the cost of government because of the exercise of individual prerogatives, and for individual
citizens to grant respect for the dignity of public office.
58
(C) Remedies for violations. Citizens of the City shall have standing to bring legal actions to
enforce the City Charter, the Citizens' Bill of Right, and the Miami -Dade County Citizens'
Bill of Rights as applied to the City. Such actions shall be filed in Miami -Dade County Circuit
Court pursuant to its general equity jurisdiction and, if successful, the plaintiff shall be entitled
to recover costs, but not attorney's fees, as fixed by the court. Any public official, or employee
who is found by the court to have willfully violated this article shall forthwith forfeit his or her
office or employment.
t de Can'irc t Cou rsuant to its general equity jurisdiction, the plaintiff, if
successful, shall be entitled to recover costs as fixed by the court. Any public official, or
employee who is found by the court to have willfully violated this article shall forthwith
forfeit his or her office or employment.
(D) Construction. All provisions of this article shall be construed to be supplementary to and
not in conflict with thegeneral statutory laws of Florida or the provisions of the Florida
Constitution. If any part of this article shall be declared invalid, it shall not affect the validity
of the remaining provisions.
(E) Charter Review and Reform Commission.
(1) Creation; purpose.
The City Commission shall, by ordinance, create and establish a Charter Review and
Reform Commission for the purpose of conducting a comprehensive review of the City Charter
and providing the City Commission with a written report setting forth its recommendations as to
any proposed amendments or revisions to the City Charter.
(2) Meetings.
The Charter Review and Reform Commission shall meet every eight (8) years
commencing in 2022.
(3) Composition.
The Charter Review and Reform Commission shall consist of thirteen (13) members, two
appointed by each member of the City Commission, one "at large" member appointed by the
City Commission, one appointed by the Mayor, and one appointed by the City Manager. Each
appointee shall be an elector of the City and serve without compensation.
(4) Delivery of Report.
The Charter Review and Reform Commission shall deliver its written report to the City
Commission in time to enable the City Commission to review and debate the report at a public
meeting and present any amendments or revisions to the City Charter, that the City Commission
approves for referendum.
59