HomeMy WebLinkAboutSubmittal-City Attorney's Office-Presentation of Final Report and Recommendations-Charter Review and Reform Committeethe
CityofMuamu Submitted°`°a`'° public
Charter Review and Reform
Committee
Presentation of Final Report &
Recommendations
City Clerk
-
Submitted into the public
record f r ite (s) ` )T on �', City Clerk
Drafts of Ballot Language
Ballot Language (1 of 5)
Submitted into the public �i)
record fqrte (s) r
on 6 11 b , City Clerk
(1) Shall Miami Charter Section 7 be amended to require that a runoff election for Mayor and
City Commissioner be held on the third Tuesday after the first Monday in November in odd -
numbered years, rather than the second Tuesday after the first Monday in November?
(2) Shall the Miami Charter (Section 5) be amended to consolidate the initiative and
referendum process into one section; to reduce the threshold signature level to enact or
repeal a measure from 15% to io% of the electors; require a 2o% threshold for triggering a
special election; and prohibit 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for a period of two (2) years after such measure is adopted or repealed through the initiative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?
(3) Shall the Miami Charter (Section 6) be amended to establish a process for electors of the
City to propose amendments to the City Charter by initiative petition, and vote on such
proposals?
(4) Shall Miami Charter Section 12 be amended to allow elected officials who are absolved
from allegations of misconduct to immediately resume their position for the remainder of
the unexpired term, require a special election to fill a vacancy be held no more than 6o days
after the City Commissioners fail or refuse to fill a vacancy, and allow the winner of a special
election to retain their seat for the remainder of the unexpired term?
Ballot Language (2 of 5)
Submitted into the publi
record f r iter (s)
on 1 14 l l b , City Clerk
(5) Shall the Miami Charter (Section 18) be reorganized by eliminating Charter Section 23,
24, and 25, and consolidating the Department of Off -Street Parking (a/k/a the Miami
Parking Authority), the Department of Fire -Rescue, the Department of Police, and the
Department of Finance into one section; and authorizing the creation or discontinuance of
City Departments by ordinance adopted by vote of at least three (3) members of the City
Commission?
(6) Shall the Miami Charter (Section 26) be amended to provide the City Manager with
exclusive authority to suspend and remove the Fire Chief and Police Chief for incompetence,
neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority, or
for any other just and reasonable cause; and eliminate such Chiefs' right to challenge the
suspension at a hearing before the City Commission?
('7) Shall the Miami Charter (Section 19) be reorganized by discontinuing the Department of
Law and establishing the Office of the City Attorney which sets forth the City Attorney's
qualifications, term, and duties; clarifying that all employees of the Office of the City
Attorney shall be unclassified; and providing the City Attorney with sole discretion to select,
appoint, employ, discharge, remove, and replace such employees and any counsel retained
to represent the City, at any time without cause?
Ballot Language (3 of 5)
Submitted into the public .
record felt- ite (s) Sp,
on 771 i J / . City Clerk
(8) Shall Miami Charter Section 3(f)(iii) be amended to require referendum approval, by a
majority of the votes cast by the electorate, for leases and contracts involving only city -
owned waterfront property consisting of a single folio number which abuts the Atlantic
Ocean, Biscayne Bay, Little River, the Miami River, and all navigable waterways; and to
require the fair market value of city -owned waterfront property be based on two (2)
independent appraisals performed by state certified appraisers?
(9) Shall Miami Charter Section 14 be amended to authorize the City Commission to
establish, by ordinance, an Office of the Citizen's Advocate, for the purpose of reviewing and
investigating citizens' complaints concerning alleged violations of the Miami Charter,
Miami Code, Miami Administrative Regulations, and standards of ethics, and directing the
complaint to the appropriate governmental authority responsible for investigations of such
alleged violations?
(10) Shall Miami Charter Section 51 be amended to require that the Civilian Investigative
Panel be composed of a Police Chief appointee and 12 civilian members, be staffed with an
executive director, independent legal counsel, and sufficient professional personnel, be
operated on an annual budget established by ordinance, to be authorized to issue subpoenas
in "consultation" with the State Attorney's Office, and be authorized to investigate conduct
and review policies and practices of the police department?
Ballot Language (4 of 5)
Submitted into the public
record fo ite
s) ���
on ? J � City Cic
(ii) Shall Miami Charter Section 52 be amended to provide citizens standing to
enforce the Charter?
(12) Shall the Miami Charter (Section 52) be amended to place the Citizens' Bill of
Rights at the beginning of the Charter, to guarantee rights related to the
abatement of land pollution, to prohibit attorney's fees as a remedyfor Charter
violations, and to establish a Comittee that will meet every 8 years commencing
in 2022 to conduct a comprehensive review of the Charter and recommend
amendments to the Charter?
(9) Shall Miami Charter Section 29-B require that fair market value be
determined by two (2) independent appraisals performed by certified appraisers;
clarify that the competitive bidding exemption for property conveyed to
implement governmental projects applies to City agencies
encies and instrumentalities;
and eliminate such exemption for: (1) property in foreclosure; (2)
property acquired from Miami -Dade County due to delinquent taxes; and (3) the
one-time lease extension during the last five (5) years of a lease?
Ballot Language (5 of 5)
Submitted into the public
record �- itefi(s)
on
City Clerk
(14) Shall Miami Charter Section 4 be amended, commencing with
the November, 2017 Mayoral election, to eliminate the City
Manager position, to recognize the Mayor as the Chief Executive
and Administrative Officer of the City, and transferring
administrative duties to the Mayor?
(15) Shall Miami Charter Section 4 be amended to provide a
Mayoral residency requirement and recall procedure; clarifying the
runoff election process; and permitting City Commissioners to
communicate in writing with the administrative staff?
Submitted into the public
record fpr iteln(s)
on
Charter Amendment
Recommendations
City Clerk
(1) Section 7 —Election of city
commissioners and mayor
Submitted into the public .N
record fo ite (s) J!",
on City CIP'
Runoff elections for elected officials should be held the
third Tuesday after the first Monday in November in
order to coincide with runoff elections held by Miami -
Dade County
Sample Ballot Language —Section 7
Shall Miami Charter Section 7 be amended to require
that a runoff election for Mayor and City Commissioner
be held on the third Tuesday after the first Monday in
November in odd -numbered years, rather than the
second Tuesday after the first Monday in November?
Submitted into the public
record f°r ite s) +
on l t� I l City cicr,
(2) Section 5 —The initiative and
referendum
on
Submitted into the public
record forite s
City Clerk
• Consolidate the initiative and referendum process into one
section (Section 5)
• 120 days to obtain signatures from io% of registered voters
• zo%signatures required to trigger special election
• Emergency measures effective while referendum pending
• Commission can't amend or repeal measure for 2 years
Sample Ballot Language —Section 5
Shall the Miami Charter be amended to consolidate the
initiative and referendum process into one section; to
reduce the threshold signature level to enact or repeal a
measure from 15% to io% of the electors; require a zo%
threshold for triggering a special election; and prohibit
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?
Submitted into the public
record for ite (s)
on '7 115 � b . City Clt'rl'
(3) Section 6 —Charter Amendment
Initiative
Establish a process for City electors to propose
amendments to the City Charter by initiative petition
Submitted into the publicist'
record for iter
(s) `''
on v%l t,b �j City Clro,
Sample Ballot Language —Section 6
Shall the Miami Charter be amended to establish a
process for electors of the City to propose amendments
to the City Charter by initiative petition, and vote on
such proposals?
Submitted into the public p
record far it (s) 5�e t
on 7 fib! It . City Clerk
(4) Section 12 —Filling vacancies for
mayor and commission
• Suspension can create a vacancy in elected office
• Special election to fill a vacancy should be held within
6o days of the City Commissioners failure or refusal to
fill a vacancy
• The winner of a special election should retain their
seat for the remainder of the unexpired term
• If a suspended elected official is absolved from
allegations of misconduct, they should immediately
resume their position for the remainder of the
unexpired term Submitted into the publicQn
record fpr item(s) J1'i 1
on �P13 b City Clerk
Sample Ballot Question —Section
12
Shall Miami Charter Section 12 be amended to allow
elected officials who are absolved from allegations of
misconduct to immediately resume their position for the
remainder of the unexpired term, require a special
election to fill a vacancy be held no more than 6o days
after the City Commissioners fail or refuse to fill a
vacancy, and allow the winner of a special election to
retain their seat for the remainder of the unexpired
term?
Submitted into the public(
record f r iterti()
on 2
,`
City Clerk
(5) Section 18 —Establishment and
Reorganization of City
Departments
• Consolidate all City Departments into one section,
except the Office of the City Attorney
• City Commission authorized to create or discontinue
any City Department by ordinance
Submitted into the publicc,(�`
record foglite s Y
nn l( City Clerk
Sample Ballot Language —Section
18
Shall the Miami Charter be reorganized by eliminating
Charter Section 23, 24, and 25, and consolidating the
Department of Off -Street Parking (a/k/a the Miami
Parking Authority), the Department of Fire -Rescue, the
Department of Police, and the Department of Finance
into one section; and authorizing the creation or
discontinuance of City Departments by ordinance
adopted by vote of at least three (3) members of the City
Commission?
Submitted into the public
record fpr itej1(s) �P�
on �lb [ b • City Clerk
(6) Section 23 —Department of off-
street parking; off-street parking
board
Delete Section 23 and consolidate the Department of
Off -Street Parking into Section i8.
Submitted into the public (n
record fofite (s) J` V.
on 17/ 5 / ft . City Clerk
Section 24
Safety
Department of Public
Delete section 24 and consolidate the Department of
Fire -Rescue and Department of Police into Section i8.
Submitted into the public
record 9r iteip(s)
on
City Clerk
Section 25 —Supervision in
Divisions of Police and Fire
Delete Section 25 and consolidate the supervisory duties
of the Fire Chief and Police Chief into Section i8.
Submitted into the public
record fo ite (s) ` ' l
on % � 3 � {� . City Clerk
Section 26 —Suspension and
Removal of Chief of Police and Fire
Chief
Delete 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.
Submitted into the public
record or it m(s)
np ! / It Clt}T C1 "'
Sample Ballot Language — Section
26
Shall the Miami Charter be amended to provide the City
Manager with exclusive authority to suspend and remove
the Fire Chief and Police Chief for incompetence,
neglect of duty, immorality, drunkenness, failure to obey
orders given by proper authority, or for any other just
and reasonable cause; and eliminate such Chiefs' right to
challenge the suspension at a hearing before the City
Commission?
Submitted into the public �Q
record fpr it m(s) J0 ;
on 711311t, City Clr-,
7) Section 19 — Office of the City
Attorney
• Remove from Section 21 to Section 19
• Establish qualifications and duties of City Attorney
• Employees of the Office of the City Attorney shall be
unclassified
• May 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
Submitted into the public
record for itc j (s) 3,'
on 47113 / I ( City rig
Section 21— Department of Law
Delete Section 21 and move the Office of the City
Attorney to Section 19.
Submitted into the public
record fpr itf m(s)
on % 1 I3 (I R • City Clerk
Sample Ballot Language —Sections
19&21
Shall the Miami Charter be reorganized by
discontinuing the Department of Law and establishing
the Office of the City Attorney which sets forth the City
Attorneys qualifications, term, and duties; clarifying
that all employees of the Office of the City Attorney shall
be unclassified; and providing the City Attorney with
sole discretion to select, appoint, employ, discharge,
remove, and replace such employees and any counsel
retained to represent the City, at any time without
cause?
Submitted into the public
record
7(itej(s) }
on f9r �I �� CityC1f'r'
(8) Section 3(f)(iii) —Powers
• Define "waterfront property"
• Fair market value determined by state certified appraisers
• Use the term "contract" rather than "management
agreement"
• Referendum approved by a majority of the votes cast by
electorate
Submitted into the public
record for ite (s) �\ ,
on `? i O5 / 16 . City Cie,'
Sample Ballot Language —Section
(3)(f)(iii)
Shall Miami Charter Section 3(f)(iii) be amended to
require referendum approval, by a majority of the votes
cast by the electorate, for leases and contracts involving
only city -owned waterfront property consisting of a
single folio number which abuts the Atlantic Ocean,
Biscayne Bay, Little River, the Miami River, and all
navigable waterways; and to require the fair market value
of city -owned waterfront property be based on two (2)
independent appraisals performed by state certified
appraisers?
Submitted into the public
record for ite s) S�,
on � I13 'I C;t, -
(9) Section 14— Commission may
investigate official transactions,
acts or conduct
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
Submitted into the public
record f r it (s) �Q� 1�
on City Out
Sample Ballot Language —Section
14
Shall Miami Charter Section 14 be amended to authorize
the City Commission to establish, by ordinance, an
Office of the Citizen's Advocate, for the purpose of
reviewing and investigating citizens' complaints
concerning alleged violations of the Miami Charter,
Miami Code, Miami Administrative Regulations, and
standards of ethics, and directing the complaint to the
appropriate governmental authority responsible for
investigations of such alleged violations?
Submitted into the public14
record fo ite §s) J� < 1_
on �13� City Clef
(10) Section 51—Civilian
Investigative Panel
• CIP may appoint and remove its staff subject to
Commission approval
• Annual budget established by ordinance to be no less than
o.5% of MPD annual budget
• Authorized to issue subpoenas in "consultation" with the
State Attorney's Office
• Investigate uses of force resulting in death or great bodily
harm and other police conduct
• Police Chief to respond in writing to the CIP's written
requests within 45 days Submitted into the public
record fqr ite' n(s) 3
on '71)3 1 I b . City Clerk
Sample Ballot Language —Section
51
Shall Miami Charter Section 51 be amended to require
that the Civilian Investigative Panel be composed of a
Police Chief appointee and 12 civilian members, be
staffed with an executive director, independent legal
counsel, and sufficient professional personnel, be
operated on an annual budget established by ordinance,
to be authorized to issue subpoenas in "consultation"
with the State Attorneys Office, and be authorized to
investigate conduct and review policies and practices of
the police department?
Submitted into the publicsn
on loi.ITts) reco City
Clerk
(11) Section 52 —Citizens' Bill of
Rights
• Adopt the Miami -Dade County Citizens' Bill of Rights
• Place the City of Miami Citizens' Bill of Rights at the
beginning of the Charter
• Provide citizens standing to enforce the Charter
• Guarantee rights related to the abatement of land pollution
• Prohibit attorney's fees as a remedy for Charter violations
• Establish a Committee that will meet every 8 years
commencing in 2022 to conduct a comprehensive review of
the Charter and recommend amendments to the Charter
Submitted into the public
record or it(s)
City y. ,-,
,.t.
Sample Ballot Language —Citizen
Standing
Shall Miami Charter Section 52 be amended to provide
citizens standing to enforce the Charter?
Submitted into the public
record flofi iter��(s) � s
on I f h City cleft
Sample Ballot Language — Section
52
Shall the Miami Charter be amended to place the
Citizens' Bill of Rights at the beginning of the Charter, to
guarantee rights related to the abatement of land
pollution, to prohibit attorneys fees as a remedy for
Charter violations, and to establish a Committee that
will meet every 8 years commencing in 2022 to conduct a
comprehensive review of the Charter and recommend
amendments to the Charter?
Submitted into the public
record foy ite (s)e
`)I 3 /j6 . City Clerk
(12) Section 29-B —City-owned
Property Sale or Lease
• Fair market value determined by state certified appraisers
• Competitive bidding exemption for property conveyed to
implement governmental projects applies to City agencies and
instrumentalities
• Eliminate exception from competitive bidding requirements for:
1. Disposition of property acquired as a result of
foreclosure;
2. Property acquired from Miami -Dade County due to
delinquent taxes; and
3. One-time lease extension during the last 5 years of a
lease
Si.thrn;tied into the public
/ccoil:1 tot itcnj(s)
on
City Clerk
Sample Ballot Language —Section
29-B
Shall Miami Charter Section 29-B require that fair
market value be determined by two (2) independent
appraisals performed by certified appraisers; clarify that
the competitive bidding exemption for property
conveyed to implement governmental projects applies to
City agencies and instrumentalities; and eliminate such
exemption for: (i) property acquired in foreclosure; (2)
property acquired from Miami -Dade County due to
delinquent taxes; and (3) the one-time lease extension
during the last five (5) years of a lease?
Submitted into the public
record fori ite (s):'
on 7 i 3 / 16 . City Clerk
3) Section 4 —Form of
Government; nomination and
election
• Transfer administrative duties to Mayor
• Mayor appoints, reprimands, and removes Directors and
subordinates
• Eliminate City Manager position
• Elected officials can be recalled
• Runoff election not required where candidate unopposed
• Mayor required to reside in the City during term
• Commission elects Chairperson and Vice -Chairperson
• Commissioners can communicate in writing with
administrative staff
Submitted into the public i
record for)ite (s)
on `7) 31fi . City Clerk
Sample Ballot Language —Strong
Mayor
Shall Miami Charter Section 4 be amended,
commencing with the November, 2017 Mayoral election,
to eliminate the City Manager position, to recognize the
Mayor as the Chief Executive and Administrative Officer
of the City, and transferring administrative duties to the
Mayor?
Submitted into the public
record fqr ite (s)
on %I I,I 1l b . City Clerk
Sample Ballot Language —Section 4
Shall Miami Charter Section 4 be amended to provide a
Mayoral residency requirement and recall procedure;
clarifying the runoff election process; and permitting
City Commissioners to communicate in writing with the
administrative staff?
Submitted into the publics
l
record fo ite? S) City Clerk
on I'
THE END!
Submitted into the public
record fgrite s)
1
on l City Clerk