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3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7096 Final Action Date: 7/23/2020
MAY BE WITHDRAWN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.
SPONSOR(S): Commissioner Manolo Reyes
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
City of Miami Page 1 of 3 File ID: 7096 (Revision: A) Printed On: 5/5/2025
File ID: 7096 Enactment Number:
creating legislative policies, the passage of this proposed amendment is in the best interests of
the City of Miami;
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
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 Page 2 of 3 File ID: 7096 (Revision: A) Printed on: 5/5/2025
File ID: 7096
Enactment Number:
originating from the City Manager requiring that all Commissioners be provided the
right to sponsor such legislation on a rotating basis.
*„
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:
ndez, ity Attor ey 2/4/2020
-ndez, ity Attor
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 Page 3 of 3 File ID: 7096 (Revision: A) Printed on: 5/5/2025