HomeMy WebLinkAboutO-13768City of Miami
Ordinance 13768
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4123 Final Action Date: 6/14/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "MAYOR AND CITY COMMISSION," MORE
PARTICULARLY BY AMENDING SECTION 2-33, TO REGULATE THE
CREATION, DURATION, REINSTATEMENT, ETC. OF PILOT PROGRAMS IN
THE CITY OF MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, there are times when the City Commission desires to enact legislation of a
limited duration and effect; and
WHEREAS, the City Commission has adopted pilot programs in an effort to address
certain matters in such instances; and
WHEREAS, there are no rules or guidance in the Code of the City of Miami, Florida, as
amended, for the adoption of such pilot programs and the City Commission desires to provide
such guidance in the issuance of any future pilot programs;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 2/Article II of the City Code is amended in the following particulars:1
"CHAPTER 2
ADMINISTRATION
ARTICLE II. IN GENERAL
Sec. 2-33. - Order of business and rules of procedure.
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.
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(a) The rules and regulations regarding the procedure of the city commission at all regular
meetings are hereby established and adopted.
(b) The first order of business shall be the approval of the minutes of the previous meeting. A
copy of said minutes shall be distributed to the mayor and each of the commissioners prior to
the meeting to enable the mayor and each commissioner to review the contents thereof.
(c) After approval of the minutes of the previous meeting(s), all business that shall come before
the city commission shall be taken up in the order as such items of business appear on the city
commission agenda in accordance with the following provisions:
(1) The agenda shall be prepared by the city manager in an appropriate form approved,
from time to time, by the city commission. Matters may be placed on the agenda by the
mayor, any member of the city commission, the city manager, the city attorney, the city
clerk, and a city board as created by resolution of the city commission or as defined in
section 2-882 of this Code.
(2) Any member of the public shall be entitled to speak on any proposition before the
city commission in which the city commission may take any action through the presiding
officer. Members of the public shall be limited to the time limitations specified in
subsection 2-33(i) of the City Code. The opportunity to be heard need not occur at the
same meeting at which the city commission takes official action on the proposition, if the
opportunity occurs at a meeting that is during the decision making process and is within
reasonable proximity in time before the meeting at which the city commission takes
official action. This does not prohibit the city commission from maintaining orderly
conduct or proper decorum in a public meeting.
(3) The requirements of subsection (c)(2) shall not apply to:
a. An official act that must be taken to deal with an emergency situation affecting
the public health, welfare, or safety, if compliance with the above requirements
would cause an unreasonable delay in the ability of the city commission to act,
and
b. A ministerial act, including but not limited to, approval of minutes and
ceremonial proclamations.
(4) Any member of the public shall be entitled to be scheduled on the agenda of a
regular meeting of the city commission for presentation of information and material to be
considered by the commission within the scope of the jurisdiction of the city commission
after the city manager has communicated with the member of the public and reviewed or
investigated the member's issue, unless otherwise directed by the mayor or a member of
the city commission. If the city manager is able to resolve or remedy the concerns of the
member of the public, the member of the public may elect to withdraw the request to
appear before the city commission. If the matter is not or cannot be resolved or
remedied by the city manager, then, at the will of the member of the public, the request
for appearance shall be scheduled on the next available agenda and the city manager
shall submit a report in the agenda packet detailing actions taken to resolve or remedy
the matter and administrative recommendations.
(5) The total number of items that may be scheduled on a regular city commission
agenda shall not exceed 60 items.
(6) The lunch recess shall begin:
a. At 12:00 noon; or
b. At the conclusion of deliberations of the agenda item being considered at
12:00 noon; or
c. At the conclusion of statements made by the person who has been
recognized to address the commission immediately prior to 12:00 noon; or
d. At any time deemed appropriate by the city commission.
(7) The city commission meetings, shall adjourn:
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a. At the conclusion of deliberation of the agenda item being considered at 10:00
p.m., unless the time is extended by unanimous agreement of the members of
the city commission then present, or
b. At the conclusion of the regularly scheduled agenda, whichever occurs first.
This rule does not apply to city commission meetings required for annual budget
hearings.
(8) Any vote of the city commission pertaining to the establishment of a rescue mission,
the continuation of a rescue mission, or action relating to a rescue mission in the city that
arises pursuant to the zoning ordinance or comprehensive plan requires the concurrence
of four affirmative votes.
(9) The City Commission may, when it deems necessary, create legislative pilot
programs for a limited period of time not to exceed one (1) year regulating any area
within the City Commission's powers set forth in Section 4 of the City Charter. Any such
pilot program may be reinstated for one (1) additional year.
(d) A copy of requests, petitions and applications shall be placed before the mayor and each
member of the city commission, supported by administrative memoranda and such information
as may be necessary to enable the city commission to reach a decision. All such requests,
petitions and applications, except in cases of extreme emergency, shall be in the hands of the
city manager for a period of at least 21 days prior to a regular meeting, to enable the
administration to prepare necessary memoranda, data or reports.
(e) A copy of each agenda item including each resolution and ordinance and all attachments
and back-up material shall be furnished to the mayor and members of the city commission at
least five full business days before each regular city commission meeting with the exception of
veto items. This rule shall be deemed suspended unless invoked by a commissioner before the
commission takes action on the resolution or ordinance in question. Once the rule is invoked no
action can be taken on the resolution or ordinance unless the rule is suspended by unanimous
vote of the commissioners present. Nonscheduled ("pocket") items may be introduced for
consideration at a city commission meeting by the mayor, each commissioner, the city manager
and the city attorney provided that the city commission unanimously deems such resolution or
ordinance to be of an emergency nature.
(f) Consistent with the time frame requirements set forth in subsection 2-33(e) above, the
following shall be posted on the internet:
(1) The city commission agenda simultaneous with it's distribution;
(2) The supplemental agenda and any information related to the upcoming agenda
simultaneous with its distribution; and
(3) The city clerk's report and annotations to the agenda immediately after its release by
the city clerk subsequent to the city commission meeting to which it applies.
(g) All notices of all intentions to ask questions, together with a copy of such questions, shall be
given to the city manager five days before each regular meeting. In all questions of policy
presented to the city commission by the mayor, the the city manager or any departmental head,
notice thereof, together with a copy of questions supported by memorandum setting forth the
rules of action by the city commission, shall be filed three days before the meeting and given to
the mayor and each member of the city commission.
(h) All ordinances shall be read by title only prior to passage. All resolutions shall be briefly
described upon a printed agenda, which agenda shall be furnished to the mayor and members
of the city commission at least five full business days before each regular city commission
meeting.
(i) Unless further time to speak is granted by the presiding officer the city commission, any
person addressing the commission shall limit his or her address to two minutes.
(j) Unless impractical to do so, all portions of the agenda shall be scheduled to be heard at 9:00
a.m. on the date of the city commission meeting. The agenda portion entitled "consent agenda"
shall be scheduled among the initial items for commission consideration. Consent agenda items
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that are removed from the agenda prior to city commission consideration shall automatically be
scheduled as a regular agenda item at the next regularly scheduled meeting of the city
commission, unless, by an unanimous vote of all commissioners present, the city commission
considers such consent item as a regular item at the same meeting.
(k) Any scheduled agenda item not considered prior to the adjournment of the first regular
monthly city commission meeting shall be perfunctorily regarded as a continued item and
scheduled on the next immediate month's first regular city commission agenda. Any scheduled
agenda item not considered prior to the adjournment of the second regular monthly city
commission meeting shall be perfunctorily regarded as a continued item and scheduled on the
next immediate month's second regular city commission agenda.
(I) Special meetings. Nothing in this section shall prohibit either the mayor, or the commissioner
designated as the presiding officer of the city commission, or three city commissioners, upon the
written notice delivered to the city clerk, from calling special meetings at any time set by the city
clerk, provided that reasonable advance notice of same is given to the mayor, each member of
the commission, city manager, city attorney and the public. No business shall be conducted or a
vote taken at a special city commission meeting on business other than the subject(s) for which
the special meeting is called.
(m) Any commissioner who so desires may be a signatory on city proclamations.
(n) If the engagement of an executive director, regardless of title, of any board as defined in
section 2-882 of this chapter, is required to be approved, ratified, or confirmed by the city
commission, prior to such approval, ratification or confirmation, the individual engaged by a
board shall make every reasonable attempt to meet with each member of the city commission.
The city clerk shall assure that such meetings between the individual and the members of the
city commission have been scheduled prior to the meeting at which the city commission is to
consider the ratification.
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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 thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
end" ez, City Httor ey 5/15/2018
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.
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