HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM: Victoria Mendez, City Attorney3
DATE: September 26, 2024
RE: City Commission Meeting — July 27, 2023
Proposed Amendment to Chapter 2 of the Code of the City of Miami,
Florida, as amended, to establish procedural requirements for vote
outcomes including but not limited to tie votes.
File No. 14354
Honorable Mayor and Members of the City Commission
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 establish procedural requirements for vote
outcomes including but not limited to tie votes.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/ALK
City of Miami File ID: 14354 (Revision:) Printed On: 8/5/2025
City of Miami
Legislation
Ordinance
File Number: 14354
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:9/26/2024
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, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER
OF BUSINESS AND RULES OF PROCEDURE," TO ESTABLISH PROCEDURAL
REQUIREMENTS FOR VOTE OUTCOMES INCLUDING BUT NOT LIMITED TO
MOTIONS THAT DO NOT OBTAIN A MAJORITY OF VOTES; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Commission of the City of Miami ("City") consists of five (5) members;
and
WHEREAS, there are occasions when a City Commissioner may not be able to attend a
Commission meeting due to illness or other reasons; and
WHEREAS, in the event that only four (4) Commissioners are present to vote on an
item, such item could result in a tie vote; and
WHEREAS, there also may be occasions when a motion does not obtain the required
number of votes; and
WHEREAS, the City Commission desires to establish a rule of procedure for different
vote outcomes, such as instances when motions fail to obtain the required number of votes, in
order to provide consistency and clarity at City Commission meetings; and
WHEREAS, the City Commission finds it to be in the best interests of the City to amend
its rules of procedure to provide guidance for City Commission vote outcomes;
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, Section 2-33(c) of the City Code is amended in the
following particulars:1
"CHAPTER 2
ADMINISTRATION
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: 14354 (Revision:) Printed On: 8/5/2025
ARTICLE II. MAYOR AND CITY COMMISSION
Section 2-33. Order of business and rules of procedure.
(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:
(9)
The city commission may, when it deems necessary, create legislative pilot
programs for a limited period of time not to exceed one 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 additional year. The
motorized scooter pilot program established in chapter 8, article II of the City
Code is hereby exempted from the duration requirements of this subsection.
(10) Unless stated otherwise in this Code, any motion of the City Commission to
approve an item on the agenda that fails to obtain a majority vote shall be a
denial.
(11) Unless stated otherwise in this Code, any motion of the City Commission to
approve an item on the agenda that requires a 4/5ths affirmative vote of the
City Commission for passage, but does not obtain such 4/5ths affirmative vote,
shall be deemed to have failed, constituting a denial.
(12) Unless stated otherwise in this Code, any motion of the City Commission to
deny an item on the agenda that does not obtain a majority of votes shall not be
an approval or denial, but shall result in no action taken and shall be placed on
the next available City Commission agenda with any required notice to be paid
by the applicant. A new motion to approve the item may be immediately
considered.
*
*11
Section 3. If any section, part of 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 ten (10) days after final reading and
adoption thereof.2
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: 14354 (Revision:) Printed On: 8/5/2025
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami File ID: 14354 (Revision:) Printed On: 8/5/2025