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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #4291 Ordinance First Reading Sponsored by: Joe Carollo, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," TO AMEND SECTION 2-884, ENTITLED "MEMBERSHIPS ON BOARDS," TO PROVIDE THAT NO CITY COMMISSIONER MAY SERVE AS A CHAIR OF MORE THAN ONE (1) BOARD UNLESS EACH MEMBER OF THE CITY COMMISSION SERVES AS CHAIR OF AT LEAST ONE (1) BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami File ID: 4291 (Revision:) Printed On: 2/11/2025 City of Miami Legislation Ordinance File Number: 4291 Final Action Date: 6/14/2018 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," TO AMEND SECTION 2-884, ENTITLED "MEMBERSHIPS ON BOARDS," TO PROVIDE THAT NO CITY COMMISSIONER MAY SERVE AS A CHAIR OF MORE THAN ONE (1) BOARD UNLESS EACH MEMBER OF THE CITY COMMISSION SERVES AS CHAIR OF AT LEAST ONE (1) BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, it is necessary to revise the appointment procedures for the City's boards and committees created under the Code of the City of Miami Florida ("Code") in order to provide a fair and equitable method for appointing City Commissioners to serve as Chair for the various boards and committees of the City; and WHEREAS, it is the intent of the City Commission that City Commissioners may not serve as Chair on multiple boards or committees unless each City Commissioner has been afforded the opportunity to serve as Chair on a board or committee; and WHEREAS, the City finds that revising the appointment process for City Commissioners to the boards and committees of the City is in the best interests of the City and its residents and visitors; NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 2/Article XI/Division 2 of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:1 "CHAPTER 2 ADMINISTRATION ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami File ID: 4291 (Revision:) Printed On: 2/11/2025 DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY Sec. 2-884. Membership on boards. (a) 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. (b) 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. (c) 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. (d) 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 City of Miami File ID: 4291 (Revision:) Printed On: 2/11/2025 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, 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. (f) No City Commissioner may be appointed to serve as Chair of more than one (1) City or quasi -City related board or committee created under this Code, or State statute, unless each of the City Commissioners have been appointed as Chair to at least one (1) of those boards or committees created under this Code, or State statute. *11 Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 6/5/2018 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein. whichever is later. City of Miami File ID: 4291 (Revision:) Printed On: 2/11/2025