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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #7096 Ordinance Second Reading Sponsored by: Manolo Reyes, Commissioner MAY BE WITHDRAWN AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO PROVIDE THAT ANY LEGISLATION INVOLVING THE ESTABLISHMENT OR CESSATION OF A POLICY SPONSORED BY THE CITY MANAGER SHALL ADDITIONALLY REQUIRE SPONSORSHIP FROM AN ELECTED OFFICIAL; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami File ID: 7096 (Revision: A) Printed On: 5/5/2025 City of Miami Legislation Ordinance File Number: 7096 MAY BE WITHDRAWN Final Action Date: 7/23/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO PROVIDE THAT ANY LEGISLATION INVOLVING THE ESTABLISHMENT OR CESSATION OF A POLICY SPONSORED BY THE CITY MANAGER SHALL ADDITIONALLY REQUIRE SPONSORSHIP FROM AN ELECTED OFFICIAL; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the process of adopting ordinances and resolutions are within the province and purview of the City Commission; and WHEREAS, pursuant to Section 4(a) of the Charter of the City of Miami, Florida, as amended ("City Charter"), the legislative power of the City Commission is recognized and provides, in the pertinent part, that: "The city commission shall constitute the governing body with powers (as hereinafter provided) to pass ordinances adopt regulations and exercise all powers conferred upon the city except as hereinafter provided"; and WHEREAS, Section 16(e) of the City Charter provides that the City Manager shall have the power to "[r]ecommend to the mayor and city commission for adoption such measures as the city manager may deem necessary or expedient"; and WHEREAS, pursuant to Section 2-33(c)(1) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager may place items on the agenda including ordinances and resolutions; and WHEREAS, while the City Manager holds a respected professional leadership position, the City Manager is only an appointed position and is not elected by the residents and traditionally should be limited to implementing and administering legislative policies set by the City Commission and not establishing such legislative policies; and WHEREAS, legislative commentaries have discussed the overlapping yet sometimes separate roles of law and policy in the following manner: "A 'government policy', therefore describes an objective or course of action planned by the Government on a particular subject... Legislation is law"; and WHEREAS, for all the foregoing reasons and to draw a clearer line of demarcation between the role of the City Manager and the City Commission in promulgating laws and creating legislative policies, the passage of this proposed amendment is in the best interests of the City of Miami; City of Miami File ID: 7096 (Revision: A) Printed On: 5/5/2025 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 of the City Code is amended in the following particulars:1 "CHAPTER 2 ADMINISTRATION ARTICLE II. MAYOR AND CITY COMMISSION 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 all of the elected officials 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. Q1 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 defined in section 2-882 of this Code. ii The City Manager, including any department the City Manager has authority over, may also place an item on the agenda if co -sponsored by an elected official except for the following which shall not require co-sponsorship: ministerial agenda items such as plats; award of contracts; grant items; budget items; comprehensive plan amendments; quasi-judicial items such as appeals, rezonings, and the like; or emergency items which involve serious public health and safety concerns. A single Commissioner may not sponsor more than ten (10) consecutive agenda items originating from the City Manager requiring that all Commissioners be provided the right to sponsor such legislation on a rotating basis. *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. 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: 7096 (Revision: A) Printed On: 5/5/2025 Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: brT1 4ndez, ity Attor ndez, City Attor iey ) 3/3/2020 Z 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: 7096 (Revision: A) Printed On: 5/5/2025