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HomeMy WebLinkAboutBack-Up from Law DeptMiami, FL Code of Ordinances Page 1 of 12 DIVISION 2. - STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY Sec. 2-881. - Requirements. All of the requirements contained in this division shall apply to all boards of the City of Miami unless there is any statutory or city Charter provision to the contrary, or unless otherwise specifically provided in this article. (Ord. No. 11130, § 5, 3-24-94; Ord. No. 11188, § 2, 10-27-94; Code 1980, § 2-425; Ord. No. 11538, § 2, 9-9-97) City attorney's note— As of the effective date of Ord. No. 11188 (30 days from Oct. 27, 1994), the following city boards are governed by city Charter or statutory provisions; therefore, application of the standards contained in this article shall be limited by said provisions: 1. Civil service board. 2, Off-street parking board of the City of Miami. 3. Code enforcement board. 4. Planning advisory board. 5. Zoning board. Sec. 2-882. - Definition of board. The term "board"' is defined to include every agency, authority, advisory board, regulatory board, quasijudiciai board, semiautonomous instrumentality, committee, task force or any other citizens' group created and funded in whole or in part by the city commission. The foregoing notwithstanding, this division shall not apply to citizen groups created for specific advisory purposes where such group's existence is limited to a period of less than one year nor to the firefighters' and police officers' retirement trust or the general employees' and sanitation about:blank 12/11/2017 Miami, FL Code of Ordinances Page 2 of 12 employees' retirement trust boards. Except as otherwise provided herein or in the city Charter, city boards and citizens' advisory groups shall only be created by action of the city commission, and only the city commission, as a body, may appoint the members to such boards and groups. (Ord. No. 11130, § 5, 3-24-94; Code 1980, § 2-426) Sec. 2-883. - Creation of new boards. (a) (b) All city boards created after the effective date of this division shall be created by ordinance or resolution. Such ordinance or resolution shall set forth the board's purpose, function, power, responsibility, jurisdiction, membership requirements and restrictions, terms and conditions of appointment to or removal from the board, and the specific staff support, if any, to be provided to the board. The ordinance or resolution shall also provide for an annual report, either oral or written, to the city commission. After passage on first reading of an ordinance creating a new board and prior to the second reading of said ordinance, or prior to the presentation of a resolution creating a board to the city commission, the city manager shall submit to the city commission a report setting forth the following information concerning the proposed new board: (1) (2) (3) (4) (5) (6) (7) For boards other than advisory boards, whether the establishment of the board will create sufficient betterment to the community to justify the city commission's delegation of a portion of its authority. Whether another board or agency, either public or private, which is already in existence could serve the same purpose. The costs, both direct and indirect, of establishing and maintaining the board. Whether the board is necessary to enable the city to obtain state or federal grants or other financing. For boards other than advisory boards, whether the board should have bonding authority. For boards other than advisory boards, whether the board should have the final authority to enter into contracts and spend city funds, or whether its contracts and expenditures must be ratified by the city commission. Whether the creation of a new board is the best method of achieving the benefit desired. about:blank 12/11/2017 Miami, FL Code of Ordinances Page 3 of 12 For boards created by ordinance, the second reading shall be held no earlier than 15 days after passage on first reading of the ordinance creating said board. (d) All boards existing prior to the effective date of this amendment, and which meet the definition of a board in section 2-882, regardless of the manner in which said board was created, shall continue to be a city board under this division. (Ord. No. 11130, § 5, 3-24-94; Code 1980, § 2-427; Ord. No. 13502, § 1, 3-12-15) Sec. 2-884. - Membership on boards. (a) (b) (c) (d) Unless otherwise specifically provided in the Charter or the Code, all members of city boards shall be permanent residents of the city, or own real property in the city, or work or maintain a business in the city, and shall have good reputations for integrity and community service. In addition, all board members should have demonstrated an interest in the field, activity or sphere covered by the board. Each board shall include at least one member whose livelihood does not depend on the area regulated, administered or dealt with by the board. Unless the city commission by four -fifths vote of its membership or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation waives the requirement that board members either reside in the city, own real property in the city or maintain a business in the city, any member of a city board who ceases to be a resident of the city and/or ceases to work, own real property or maintain a business in the city during the term of his or her office shall immediately advise the city clerk. The city clerk shall inform the city commission whenever a board member has ceased to be in compliance with said eligibility requirements for board membership and said board member shall be automatically removed from the board. The city clerk shall then inform the city commission in writing that the position has been declared vacant. Upon being advised by the city clerk of such circumstances, the city commission shall promptly fill the vacant position. The primary consideration in appointing board members shall be to provide the board with the needed technical, professional, financial, business or administrative expertise. The membership of each board should be representative of the community at large and should reflect the racial, ethnic and cultural makeup of the community. about:blank 12/11/2017 Miami, FL Code of Ordinances Page 4 of 12 No member of any city board shall become a candidate for elective political office during his or her term. Should any member of a city board become a candidate for elective political office, as detailed in subsections (1), (2), or (3), below, such action shall be deemed a tender of resignation from such board. The board member's resignation shall be effective upon whichever occurs first: (1) At the time such board member receives contributions or makes expenditures, or gives his or her consent for any other person to receive contributions or make expenditures, with a view to bringing about his or her nomination or election to public office; (2) At the time such board member appoints a campaign treasurer and designates a primary depository; or (3) At the time such board member files qualification papers and subscribes to a candidate's oath as required by law. However, any individual that is required to resign from a city board under the circumstances described above may be reappointed to his or her city board position by a simple majority vote of the city commission. None of the above provisions in subsection 2-884(d), relating to resignation from city boards upon candidacy for elective office, shall apply to a sitting city commissioner or mayor. When a sitting city commissioner or mayor becomes a candidate for office, and is, therefore, required to resign from his or her presently held seat under state law, if the city commission appoints that individual to serve the remainder of the term for his or her presently held seat until the election, then that individual shall also automatically be deemed reappointed to his or her position(s) on any city board. If, however, that individual is not appointed by the city commission to serve the remainder of his or her presently held seat until the election, then that individual's resignation from his or her presently held seat shall be deemed a tender of resignation for his or her position(s) on any and all city boards. The provisions of subsection 2-884(d), as detailed above, shall not apply in the event of any conflict with state law. (e) Except for the Housing Opportunities for Persons With AIDS (HOPWA) Advisory Board (HAB), or as otherwise specifically provided in the Charter or the Code, an employee of Miami -Dade County, Florida, or any municipality therein other than a city employee, about:blank 12/11/2017 Miami, FL Code of Ordinances Page 5 of 12 shall not serve on or be appointed to any board of the city, unless the city commission waives this restriction by a four -fifths affirmative vote of its membership and the employee is a resident of the city. (Ord. No. 11130, § 5, 3-24-94; Ord. No. 11188, § 3, 10-27-94; Code 1980, § 2-428; Ord. No. 11538, § 2, 9-9-97; Ord. No. 11581, § 1, 12-30-97; Ord. No. 11619, § 1, 3-10-98; Ord. No. 12059, § 1, 5-10-01; Ord. No. 12906, § 2, 4-12-07; Ord. No, 13170, § 1, 5-13-10; Ord. No. 13618, § 1, 7-14-16) Sec. 2-885. - Terms of office; term limit waiver. (a) Unless otherwise specifically provided in the charter or the Code, the terms of office of the members of each board shall be: (1) One year; (2) Until the nominating commissioner leaves office; or (3) Until recommended for removal, at the will of the nominating commissioner, voted upon by the members of the city commission, whichever occurs first. When the nominating commissioner leaves office the board member's term shall expire. Vacancies on boards shall be filled by the commission for the unexpired term. Board members shall continue to serve until their successors have been appointed and qualified. The provisions of this section shall not apply to the downtown development authority. (b) Unless otherwise specifically provided in the Charter or the Code, no board member shall serve more than eight consecutive years on any one board. The provisions of this section shall be applied prospectively to current board members. Nothing set forth in the subsection above shall prohibit any individual from being reappointed to a city board after a hiatus of two years. (c) Unless otherwise specifically provided in the Charter or the Code, the eight - consecutive -years limitation contained in subsection (b) of this section may be waived for a particular board member who has completed eight consecutive years to permit such board member to be reconsidered annually for an additional one-year term by a unanimous vote of the members of the city commission. (Ord. No. 11130, § 5, 3-24-94; Code 1980, § 2-429; Ord. No. 11373, § 5, 6-27-96; Ord. No. 11538, § 2, 9-9-97; Ord, No. 12016, § 1, 1-11-01; Ord. No. 12378, § 2, 6-12-03; Ord. No. 12695, § 1, 6-9-05; Ord. No. 12906, § 2, 4-12-07) about:blank 12/11/2017 Miami, FL Code of Ordinances Page 6 of 12 Editor's note— Ord. No. 12378, § 2, adopted June 12, 2003, changed the title of § 2-885 from "Terms of office" to 'Terms of office; term limit waiver." The historical notation has been retained for reference purposes. Sec. 2-886. - Attendance requirement. (a) Notwithstanding any other provision of this Code, any board member shall be automatically removed if, in a given calendar year: (1) He or she is absent from three consecutive meetings; (2) He or she is absent from four of the board's meetings; or (3) Provided that regardless of their compliance with subsection (a)(1) and (2) hereinabove, members must attend at least 50 percent of all the board meetings held during a year. (b) A member of a city board shall be deemed absent from a meeting when he or she is not present at the meeting at least 75 percent of its duration. (c) The provisions of this section may only be waived once by a four -fifths vote of the members of the full city commission. (d) The provisions of this section shall not apply to municipal board members, as defined in F.S. § 112.501, as amended, and to those individuals who are members of city boards and who are: (1) Reservists in the United States Armed Forces or members of the Florida National Guard, and have been ordered to active military duty for national, state, or homeland defense and due to such duty cannot attend board meetings; (2) Employees of agencies whose services are considered essential for national, state, or homeland defense and due to such services cannot attend board meetings; (3) Employees who have taken a leave of absence from their employment pursuant to the terms of the Family Medical Leave Act (FMLA); or (4) Granted an absence waiver by a super -majority of the municipal board members present at the meeting. (Ord. No. 11130, § 5, 3-24-94; Code 1980, § 2-430; Ord. No. 12201, § 1, 3-14-02; Ord. No. 12906, § 2, 4-12-07; Ord. No. 13608, § 1, 5-12-16) about:blank 12/ 11 /2017 Miami, FL Code of Ordinances Page 7 of 12 Sec. 2-887. - Quorum requirements; exceptions. (a) (b) Except for those boards listed in subsection (b) hereinbelow, a quorum for all boards' meetings, shall consist of fifty percent (50%) plus one of the board's total membership. The decision of a majority of the board members present and voting at a meeting at which a quorum is present shall be the decision of the board. The following boards are subject to quorum requirements as provided for elsewhere in this Code. Audit Advisory Committee Bayfront Park Management Trust Downtown Development Authority Equal Opportunity Advisory Board Mayor's International Council Miami Commission on the Status of Women Miami Sports and Exhibition Authority Parks and Recreation Advisory Board Street Codesignation Review Committee Urban Development Review Board (Ord. No. 11130, § 5, 3-24-94; Code 1980, § 2-431; Ord. No. 11348, § 2, 3-14-96; Ord. No. 11801, § 2, 6-8-99, Ord. No. 11833, § 2, 9-21-99; Ord. No. 11850, § 2, 10-26-99; Ord. No. 11982, § 2, 10-26- 00; Ord. No. 11995, § 2, 11-16-00; Ord. No. 12179, § 1, 1-10-02; Ord. No. 12364, § 1, 5-8-03; Ord. No. 12386, § 2, 7-17-03; Ord. No. 12471, § 2, 1-8-04; Ord. No. 12519, § 2, 4-8-04; Ord. No. 12623, § 7, 12-9-04; Ord. No. 12743, § 2, 11-17-05; Ord. No. 12906, § 2, 4-12-07; Ord. No. 12967, § 3, 2-14- 08; Ord. No. 13172, § 1, 5-13-10; Ord. No. 13517, § 3, 5-14-15) Sec. 2-888. - Notice to city clerk of board meetings. All city boards shall provide the city clerk written notice of their meetings at least seven days prior to such meetings, except in the case of emergency meetings. about: blank 12/ 11 /2017 Miami, FL Code of Ordinances (Ord. No. 1 1 130, § 5, 3-24-94; Code 1980, § 2-432) Sec. 2-889. - City clerk to keep records of boards. Page8of12 The city clerk or his/her designee shall serve as liaison between the city commission and all city boards. He/she shall prepare a standard form to be used by all boards to report their members' attendance to their meetings. All city boards shall submit copies of the minutes of their meetings and records of their members' attendance to said meetings to the city clerk within five days after each meeting. The city clerk shall inform the city commission whenever a board member has resigned from a board or has exceeded the number of permissible absences and said board member will be automatically removed from the board. The city clerk shall then inform the city commission in writing that the position has been declared vacant and a successor member must be promptly appointed to fill the vacancy. (Ord. No. 11130, § 5, 3-24-94; Ord. No. 11188, § 4, 10-27-94; Code 1980, § 2-433) Sec. 2-890. - Annual report. Commencing with the year 1995, each city board and committee shall report in the following manner: By January 15, 1995, and thereafter by January 15 of each subsequent year, its chairperson shall submit a report, approved by the board, to the city manager setting forth the following information concerning the board: (1) Whether the board is serving the purpose for which it was created. (2) Whether the board is serving current community needs. (3) A list of the board's major accomplishments. (4) Whether there is any other board, either public or private, which would better serve the function of the board. (5) Whether the ordinance creating the board should be amended to better enable the board to serve the purpose for which it was created. (6) Whether the board's membership requirements should be modified. (7) The cost, both direct and indirect, of maintaining the board. (Ord. No. 11130, § 5, 3-24-94; Code 1980, § 2-434) Sec. 2-891. - NET administrator as liaison to boards. about:blank 12/ 11 /2017 Miami, FL Code of Ordinances Page 9 of 12 Each NET (neighborhood enhancement team) administrator of the city shall be a city administration's liaison to boards which operate within his/her geographical area of responsibility. This provision does not preclude the appointment as liaison of any other person which the city commission or the city administration may wish to appoint to serve in said capacity. (Ord. No. 11130, § 5, 3-24-94; Ord. No. 11188, § 5, 10-27-94; Code 1980, § 2-435) Sec. 2-892. - "Sunset" review of boards. Commencing with the year 1995, each city board shall be reviewed in the following manner: (1) (2) (3) (4) By February 15 of the year in which a board is to be reviewed, the city manager shall deliver to the city commission the report submitted by the chairperson of each board pursuant to section 2-890 hereinabove, together with any recommendation or comments the city manager desires to submit. During the month of March of each year in which a board is to be reviewed, the chairperson shall make an oral presentation to the city commission. Said presentation shall be based on the report set forth in section 2-890 above. At the conclusion of the oral presentation by the board's chairperson, any individual commissioner may request the formation of a special purpose board, (hereinafter referred to as the "SPB"), consisting of five members appointed by the city commission. The SPB shall evaluate the chairperson's report, the city manager's recommendations and any other information it deems relevant to determine whether the board being reviewed shall continue in its present form. The SPB shall make a report to the full commission within 90 days. At the conclusion of this review process, the city commission shall determine whether to abolish, continue, consolidate or modify the board for the ensuing four years thereafter. Nothing contained herein shall be construed to authorize the abolition, consolidation or modification of any multijurisdictional board. The following boards shall initially be reviewed in the following years and shall be reviewed every four years thereafter: a. 1995: 1. Bayfront Park management trust. about:blank 12/11/2017 Miami, FL Code of Ordinances Page 10 of 12 2. Citywide community development advisory board. 3. Civil service board. 4. Code enforcement boards. 5. Equal opportunity advisory board. b. 1996: 1. Committee on ecology and beautification. c. 1997: 1. Reserved. 2. Audit advisory committee. 3. Urban development review board. 4. Nuisance abatement board. d. 1998: 1. Historical and environmental preservation board. 2. Miami sports and exhibition authority. 3. Waterfront advisory board. 4. Reserved. 5. Community relations board. e. 1999: 1. Little Havana Special Events District. 2. Commercial solid waste management advisory committee. f. 2000: 1. Commission on the status of women. 2. Virginia Key Beach Park trust. g. 2002: 1. Reserved. 2. City of Miami arts and entertainment council. h. Reserved. i. 2003: 1, Mayor's International Council. j. Reserved. k. Reserved. about:blank 12/11/2017 Miami, FL Code of Ordinances Page 11 of 12 (5) I. 2010: 1. Overtown Advisory Board/Overtown Community Oversight Board. 2. Liberty City Community Revitalization Trust. 3. Education advisory board. 4. Planning, zoning, and appeals board. m. 2011: Parks and recreation advisory board. n. Reserved. o. 2013: 1. Housing and commercial loan committee. P. 2016: 1. Stars of Calle Ocho Walk of Fame celebrity and community recognition advisory committee. q. 2019: 1. Senior citizens' advisory board. All boards created after the effective date of this division shall be placed in the appropriate area under subsection (4) hereinabove, and shall be reviewed in accordance therewith. (Ord. No. 11130, § 5, 3-24-94; Code 1980, § 2-436; Ord. No. 11722, § 3, 11-17-98; Ord. No. 11716, § 2, 10-27-98; Ord. No. 11710, § 2, 10-13-98; Ord. No. 11735, § 2, 12-8-98; Ord. No. 11742, § 2, 1-12- 99; Ord. No. 11797, § 2, 5-11-99; Ord. No. 11800, § 2, 6-8-99; Ord. No. 11833, § 2, 9-21-99; Ord. No. 11849, § 2, 10-26-99; Ord. No. 11857, § 2, 11-16-99; Ord. No. 11982, § 2, 10-26-00; Ord. No. 11995, § 2, 11-16-00; Ord. No. 11998, § 3, 11-16-00; Ord. No. 12003, § 2, 12-14-00; Ord. No. 12077, § 2, 6-14-01; Ord. No. 12082, § 2, 7-10-01; Ord. No. 12086, § 2, 7-10-01; Ord. No. 12177, § 2, 1-10-02; Ord. No. 12192, § 4, 3-7-02; Ord. No. 12227, § 1, 5-9-02; Ord. No. 12234.1, § 2, 6-13-02; Ord. No. 12235, § 2, 6-13-02; Ord. No. 12356, § 2, 4-10-03; Ord. No. 12386, § 2, 7-17-03; Ord. No. 12404, § 3, 9-11-03; Ord. No. 12408, § 2, 9-25-03; Ord. No. 12564, § 1, 7-22-04; Ord. No. 12623, § 7, 12-9-04; Ord. No. 12698, § 1, 6-23-05; Ord. No. 12748, § 2, 12-15-05; Ord. No. 12858, § 3, 10-12-06; Ord. No. 12859, § 3, 10-12-06; Ord. No. 12938, § 2, 8-1-07; Ord. No. 12967, § 4, 2-14-08; Ord. No. 12982, § 2, 4-10-08; Ord. No. 12994, § 2, 5-8-08; Ord. No. 13012, § 2, 7-24-08; Ord. No. 13030, § 2, 10-16-08; about:blank 12/11/2017 Miami, FL Code of Ordinances Page 12 of 12 Ord. No. 13059, § 2, 3-12-09; Ord. No. 13066, § 3, 5-14-09; Ord. No. 13296, § 1, 12-15-11; Ord. No. 13322, § 1, 6-14-12; Ord. No. 13376, § 2, 4-11-13; Ord. No. 13419, § 1, 12-12-13; Ord. No. 13476, § 3, 9-1 1 -14; Ord. No. 13497, § 2, 2-26-15; Ord. No. 13517, § 4, 5-14-15; Ord. No. 13534, § 2, 7-9-15) Sec. 2-893. - Oath of office. All members of the city boards who receive remuneration from the city shall, before entering upon the duties of office, take and subscribe to an oath or affirmation, to be filed and kept in the office of the city clerk, that he or she will support, protect and defend the constitution and laws of the United States of America and of the State of Florida. (Ord. No. 11356, § 2(2-437), 4-25-96) Secs. 2-894-2-920. - Reserved. about:blank 12011 /2017