HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney
DATE: June 28, 2018
RE: Proposed amendment to Chapter 2/Article 11 of the Code of the City of
Miami, Florida, as amended, presented to the City Commission for
consideration.
File No. 3674
The attached proposed legislation amends Chapter 2/Article II of the Code of the
City of Miami, Florida, as amended ("City Code"), entitled "General Provisions/Mayor
and City Commission," to update the language to comply with current legal standards
and practices.
Attachment(s)
VM/BLM
cc: Emilio T. Gonzalez, City Manager
Anna Medina, Agenda Coordinator
City of Miami File ID: 3674 (Revision: D) Printed On: 4/1/2025
City of Miami
Legislation
Ordinance
Enactment Number :13769
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 3674 Final Action Date:6/28/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION," BY UPDATING
LANGUAGE TO COMPLY WITH CURRENT LEGAL STANDARDS AND PRACTICES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, portions of Chapter 2/Article II of the Code of the City of Miami, Florida, as
amended ("City Code"), have not been amended since 1997; and
WHEREAS, laws, standards, and practices have changed in the last twenty (20) years;
and
WHEREAS, Chapter 2/Article II of the City Code should be amended to comply with
current legal standards and practices;
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 by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 2/Article II of the City Code, entitled "Adminstration/Mayor and City
Commission," is amended in the following particulars:1
"CHAPTER 2
ADMINISTRATION
ARTICLE II. — MAYOR AND CITY COMMISSION
Sec. 2-31. - Election and general powers.
The Mayor and members of the City Commission shall be elected as provided in Section 4 of
the Charter and shall exercise the powers and duties prescribed in Section 3 and other
Sections of the Charter.
Sec. 2-32. - Time and place of meeting.
(a) The cCity Hall7 located at Dinner Key, 3500 Pan American Drive, Miami, Florida, is
hereby designated as the meeting place for the City Commission; and its regular mcctings, as
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: 3674 (Revision: D) Printed On: 4/1/2025
hereinafter designated, . All meetings of the City Commission shall be held on the first floor of
the cCity Hall. The City Commission is hereby authorized to may designate alternate meeting
places and times from time to time as may appear appropriate. Such alternate meeting places
shall be dcsignated by resolution. Such resolution shall specify the date, time, and place fix
not more than one regular city commission meetingand shall be limited to one (1) City
Commission meeting per resolution. The date so specified shall be not sooner than thirty (30),
days subsequent to the effective date of the resolution.
(b) Regular meetings of the City Commission shall be held on the second and fourth
Thursdays of each month except during the months of August, November, and December and
unless otherwise provided by City Commission action. Regular meetings of the City
Commission shall convene promptly at 9:00 a.m. However, during November, the regular
cocoon Thursda„ of the month at Q:00 m and 2:00 r, At the first meeting of the month,
matters to be considered by the City Commission shall be generally limited to those matters
not arising from or under the provisions of Miami 21, as amended, the comprehensive zoning
ordinance for the City. At the second monthly meeting, matters to be considered shall be
generally limited to those matters arising from or under the provisions of Miami 21 as
amended, and shall not be addressed by the City Commission until after 2:00 p.m. Further, all
public hearings on land use ordinances, including those involving ten (10) acres or more, may
be held before 5:00 p.m. unless the City Commission, state law, or administrative rule
specifically provides otherwise. Nothing herein shall preclude consideration of any matter at
During the month of November, the regular meeting shall be held on the third Thursday at
9:00 a.m. and matters arising from or under the provisions of Miami 21, as amended, shall be
heard after 2:00 p.m. on the third Thursday. During the month of December, the regular
meeting shall be held on the second Thursday at 9:00 a.m. and matters arising from or under
the provisions of Miami 21, as amended, shall be heard after 2:00 p.m. on the second
Thursday. The City Commission shall be in recess during the month of August.
(c) However, tThe city commission may, by resolution, designate a substitute day or time
upon which regular city commission meetings shall be held whenever, in the opinion of a
majority of the members of the city commission, there is good cause for such substitution.
Sec. 2-33. - Order of business and rules of procedure.
(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 cr atcd by resolution of the city commission
Of 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. Unless further time to speak is granted by the presiding officer of the
City Commission, any person addressing the commission shall limit his or her address
to two (2) minutes. Members of the public shall be limited to the timc 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
City of Miami File ID: 3674 (Revision: D) Printed On: 4/1/2025
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:
aA. 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; or
1413. 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 sixty (601 items. All matters on the consent agenda shall
count as one (1) item.
(6) The lunch recess shall begin:
aA. At 12:00 noon; er
14B. At the conclusion of deliberations of the agenda item being considered at 12:00
noon; ar
GC. At the conclusion of statements made by the person who has been recognized
to address the commission immediately prior to 12:00 noon; or
4D. At any time deemed appropriate by the city commission.
(7) The city commission meetings; shall adjourn:
aA. 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
1413. 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 L4j 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.
City of Miami File ID: 3674 (Revision: D) Printed On: 4/1/2025
(e) All resolutions and ordinances except land use changes, zoning changes, board and
committee appointments, and election results shall be reviewed by the Office of Management
and Budget for any fiscal impact prior to placement on any agenda.
(ef) 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 (5) 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, ach a
commissioner, the city manager, a4 or the city attorney provided that the city commission
unanimously deems such resolution or ordinance to be of an emergency nature.
(#g) 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.
(gh) All notices of all intentions to ask questions, together with a copy of such questions,
shall be given to the city manager five (5) 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 (3)
days before the meeting and given to the mayor and each member of the city commission.
(#i) All ordinances shall be read by title only prior to passage by the City Attorney. 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 b iciness days before each
regular city commission meeting.
(i) Unless further time to speak is granted by the presiding officer the city commission,
(j) Unless impractical to do se, al—a„-port+e f-agend' shall be scheduled to be hear,
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 City commission consideration.
Consent agenda items 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, e-r the
commissioner designated as the presiding officer of the city commission, or three (3) 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 commi-zion, city manager, city attorney and the
c provided that written notice of the request for a special meeting is delivered to the City
Clerk at least seventy-two (72) hours in advance. The City Clerk shall then notify the Mayor,
each member of the Commission, the City Manager, the City Attorney, and the public of the
special meeting including the business to be considered at the special meeting. No business
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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. Any such
proclamations or other protocol items may be presented at a City Commission meeting or, in
the discretion of the presiding officer, may be presented prior to the commencement of any
City Commission meeting. Nothing herein shall prevent a proclamation from being presented
at a non -City Commission meeting.
(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 proposed to be
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.
Sec. 2-34. - Presiding officer; vacancy.
(a) In accordance with provisions of City Charter &Section 4(g)(1) of the City Charter, the
mayor nnay shall be the presiding officer of the city commission with the authority to unless the
Mayor designates another member of the city commission to serve as presiding officer.
(b) The mayor, as presiding officer, shall not move, second, debate, or vote on any matter
that comes before the City Commission. If the presiding officer is a member of the city
commission, the presiding officer, upon relinquishing the chair, may move, second, debate,
and vote on any matter that comes before the City Commission, subject only to such
limitations as are imposed on all members of the City Commission.
(c) In the event of a vacancy in the office of mayor as contemplated in section 12 of the
City Charter, the city commissioner designated as the presiding officer/chair, or, in the
absence of same, the city commissioner designated as the vice chair, or, in the absence of
both, a city commissioner appointed by a majority vote of the city commission then in office
shall serve as the ceremonial head of city government until the mayoral vacancy is filled
pursuant to the provisions of the City Charter.
Sec. 2-35. - Terms of elected officials as members of any authority, board, or committee; annual
review.
{a) In accordance with the provisions of law and with the provisions of this section, the
appointment of the mayor and/or any city commissioner currently serving as a member of any
authority, board, or committee created by resolution or ordinance shall be subject to the
review of the city commission on an annual basis commencing June 1, 1990, such review to
take place on or before the anniversary date of such appointmentat the Commission's
December meeting. It is the intent of the city commission that the mayor and each
commissioner be considered for appointment to an authority, board, or committee before the
mayor or any one (1) commissioner shall have served a consecutive term; however, there
shall be no prohibition against the mayor or any commissioner from being reappointed to
serve consecutive terms.
(b) The city clerk is hereby directed to take necessary steps to implement the provisions of
information concerning the affected authorit„ brawls or committecs in rcgard to thc Icngth of
past service by the mayor or those city commircioners so serving thereon. In each succeeding
abovc, thc city managcr shall prcscnt the mayor and city commi-lion with a report on this
subject for commission review and consideration at a city commission meeting scheduled to
above.
Sec. 2-36. - Mayoral veto and commission override.
City of Miami File ID: 3674 (Revision: D) Printed On: 4/1/2025
The veto provisions of City Charter &Section 4(g)(5) of the City Charter shall be exercised
exclusively in accordance with the terms and conditions herein:
(4a) Each ordinance and resolution fi adopted by the commission shall contain a place
for noting mayoral approval or veto; and commission override, if applicable. The mayor may
indicate approval of any ordinance or resolution by signing it in the place provided; or the
mayor may permit the item to become effective in accordance with its terms by allowing ten
(10) days to elapse without exercising a veto.
(2b) If the mayor determines to veto an ordinance, resolution, motion, or budget line item,
the mayor shall personally sign a copy of the form set forth herein in the place so provided
and shall indicate with specificity the reason(s) for the veto. The form shall be stated
substantially as follows:
OFFICE OF THE MAYOR
MIAMI, FLORIDA
VETO AND VETO MESSAGE
To:
Honorable Members of the City Commission
Miami, Florida
From:
[Signature of the Mayor] Mayor,
Miami, Florida
Pursuant to the authority vested in me under the provisions of Section 4(g)(5) of the Charter of
the City of Miami, Florida, I hereby veto:
[State ordinance, resolution, motion, or budget line item]
Veto message:
(4c) The completed form shall be submitted to the city clerk on or before 4:30 p.m. on the
tenth (10th) calendar day following final commission enactment or adoption thereof. The city
clerk's official date and time recorder stamp on the completed form shall conclusively
determine compliance or noncompliance within the ten-day time frame.
(4d) The city clerk shall place any item(s) vetoed by the mayor, together with the completed
veto forms, on the next regularly scheduled commission agenda as the first substantive
item(s) for commission consideration.
(€e) Notwithstanding any other rule of the commission, items vetoed by the mayor shall not
be subject to the "5 day rule" as provided in section 2-33; not be deferred to a future meeting;
not require committee review; not be subject to a motion to reconsider, except at the same
meeting; not require first reading; not require publication or additional public hearings; or not
be amended if the item required special publication or a public hearing to be originally
adopted or enacted. Members of the public shall have a reasonable opportunity to speak on
vetoed items consistent with F.S. § 286.0114, and subsection 2-33(c)(2) of the City Code.
(&f) A motion to override a mayoral veto shall be stated substantially as follows:
al . "I move that [the ordinance, resolution, or motion] be adopted and become effective
notwithstanding the veto of the mayor"; or
142. "I move that [the specific line item in the budget] be restored to the ordinancc and
become effective notwithstanding the veto of the mayor."
(7q) If four -fifths (4/5ths) of all commissioners present votes in favor of a resolution to
override a mayoral veto as provided in subsection (f) above, the commission action in
question shall be deemed enacted or adopted and effective in accordance with its terms;
otherwise, the mayoral veto shall be deemed sustained.
(&h) The provisions of this rule shall not be waived.
Sec. 2-37. - Removal of the city manager by mayor; effective date.
The removal of the city manager by the mayor; pursuant to section 4(g)(6) of the City Charter
shall take effect at 5:00 p.m. on the tenth (10th) day after the manager is notified of said
City of Miami File ID: 3674 (Revision: D) Printed On: 4/1/2025
removal by the mayor unless said removal is overridden by a four -fifths (4/5ths) vote of the
commissioners then in office.
Sec. 2-38. - Ethics requirement.
The mayor, city commissioners, city manager, chief of operations, chief financial officer, chief
information officer, chief of fire, chief of police, department directors of and those with
equivalent positions, executive directors of boards or committees, and all appointed board
members are required to have completed an ethics course within 90 days of taking office or
within at least one (1) year prior to taking office or employment. The city manager, city
attorney, and city clerk shall coordinate and present or cause to be presented an ethics
course and make such course available at least quarterly. Any person in violation of this
section shall be subject to the penalties provided in section 1-13."
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 its adoption
and signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Aktor
3/9/2018
ndez, City Attor
4/3/2018
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami File ID: 3674 (Revision: D) Printed On: 4/1/2025