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Home My WebLink AboutM-78-0367osmoen1:. '%a%`a46r abert C , Horan CITY 'OF MIAMI. FLORIDA INTER, )RPICE MEMORANbUNI PILL: " °- tier •P�:,��y.'•t4+ a h� {r 0•, h suuJec r `Si5enC'�% tec iYreifi�flts) for Persons .Seiv'i1?4710'• Certa=ii�i' Clty 0 ` Nliatli Boards and° CannLt eei, RCFERENCCS: ENCLO5URE5: •:$ • In response to your request for a report on the Law Department's in- vestigation concerning residency requirements for certain board and committee appointees, I offer the following: According to the Law Department (see attached correspondence), the following Boards and Committees require varying degrees of association with the incorporated land area known as the City of Miami: Downtown Development Authority Board - requires residency, principal place of business, or public office in the City Off -Street Parking Authority Board - requires residency or principal place of business in the City Planning Advisory Board - "Persons appointed shall be electors of the city." Sec. 62.19 Zoning Board - same requirement as Planning Advisory Board Budget Review Committee Both Committees require that members be residents in and work in the Advisory Committee for the Handicapped City of Miami Miami Memorial Committee - requires residency in the Greater Miami area for at least 15 years Ecology and Beautification Committee - requires residency, place of business or significant cultural interests in the City These are the stated requirements in the legislation establishing these boards and committees. For the Committees, the Manager's Office requests -77-- 7 t ° ° 0,0 00 0 C:. i Oq=iiE °40O fF>° ° U 0 °° °4 O U ° 0 U CCJ ° °U 0 �.°0 0 0 ° °CJ ,3 . . C• „Qr., U G Ci Q' G <and retieiDes Eibm e$cli cmmit£ a er do pleted foifiiiS showing the Eesid licef3dsiness adds off,•eabh �� A ehatk 6f £}5 se oaY�iii£Eees ii. �ve�l no inconsi'stencies with • the tequ'ifem`ei s £ieegitldtloit them. s„� x e tat!];i'shing. doncerning'the Boards listed above, I have contacted both the bDA and the Off -Street Parking Authority to verify that Board members meet the .requirements listed, and I have verbal assurances that all requirements' have been met. The City Clerk requests verification of the electoral status of each new board member when appointed by the City Commission to either the Zoning Board or the Planning Advisory Board. The Dade County Department of Election provides this verification from their voter registration records. . .o; Rics='aSfCi orge '. Knox, dr. ty A orney CITY OF '1 A'.41. FLORIDA :tdtF_'r .OF`Fica '''.EMortANouPsi May 18, 1078 PILE: ity„_8.04rds„ atsd _Ogmmitees es�id�ncy Requirements 0 'This final report on the residency requirements for membership on City boards and committees, together with our prior,mdmoranda (5/5/78 and 5/10/78) should cover all existing agencies: �,Re O A. The legislative provisions creating the following four ag.e'dies have a requirement which is set forth verbatim: • . 1. Budget Review Committee (Resolution 77-480)'. "Committee membership shall be limited to individuals who either work or reside in the City of Miami..." (Section 7) 2. Committee on Ecology and Beautification (Resolution 77-482) " ..each committee member must be a resident of Miami or have business or significant cultural interests in the City of Miami." (Section 6) 3. Miami Advisory Committee for the Handicapped (Resolution 78-127,) "...Members of the committee shall work in or be permanent residents of the City of Miami." (Section 3) 4. Miami Memorial Committee (Resolution 77-719) ..to consist of not more than 15 individuals having resided in the Greater Miami area for at least 15 years." (Section 1. Emphasis added) B. Nowhere is there any residency requirement for membership on the following: Amateur Boxing Program Steering Committee (Resol. 72-281, 74-1256) Architects and Professional Planners Committee (Resol. 74-360) Citizens Advisory Committee to Study the Concept of Constructing a New Baseball Stadium in the Orange Bowl Area (Motion 76-603) To: Richard Fosttoen ==z May 18, 1978 Assistant City Manager Re! City $oards_ and .0 Committees Boring and Wrestling Board (Resole 43072, Code Bed. 4-17) a Charter Review Board (Resole 38699, 40007) ° °° ° 00 O° ° 40°� c: Q o L0 0 Child Care Committee ( _Resole 73-541')°c,°o �° °� °°°�°Q °° ° S c' n ° 0. Consumers and Users Committee.kReso°1e. °7.4-5.61•)• ° ° Government Committee (,Resol)"74-359) • ° Gusman Hall Advi°soWComrni;ttee (Informal) Annual Miami.ohriterriational Folk Festival Committee (Resole 43030, 72-594°, 0708=2•82;•'78-174) 8. Land Owners and Builders Committee (Resol. 74-358) Plat and Street Committee (Informal) Urban Development Review Board (Resol. 42762, 75-1070) Committee for Visiting Dignitaries (Resol. 77-283) Committee for the Development of Watson Island (Resol. 77-479) Miami Commission on the Status of Women (Resol. 73-566, 74-1373) Youth Advisory Committee ( Resol. 77-877) C. In a previous memorandum, I referred to the Orange Bowl Improvements Advisory Committee (Resolution 77-284). Please note that this Committee has been terminated due to "self-destruct" language contained in the enabling legislation. GFK/RFC/fl o o • o • CITY C1F MIAMI. FLORIDA INT R•orFIDrZ :AEMORANDWM TO: Richard Fosmoen Assistant City Manager a Geor_e F. Knox, Ci Attorney !).47 E: May 10, 1978 City Boards and Committees FILE- PE'rEFENCCs: Residency Requirements By way of follow up to our Nay 5, 1978 memorandum concerning requested information from our office regarding the requirement that members of City boards and committees reside within the City, please be advised that we have identified the following as having no residency require- ments: Affirmative Action Advisory Board (Ordinance No. 8725) Arts in Public Places Committee (Code Sec. 16-5.5) Environmental Preservation Review Board (Code Sec. 64-4) Parking Lot Review Board (Code Sec. 34-63) The names of 20 other committees have been furnished to us by Mr. Homan and we have become aware of another committee: Orange Bowl Improve- ments Advisory Committee. We are in the process of obtaining the authorizing resolutions from the City Clerk's Office and we should be able to conclude this assignment by early next week. GFK/RFC/rb cc: Robert C. Homan Administrative Assistant Isabella Fernandez City Clerk's Office MEW UMW MMW MMP Ilk Mk WOW MW mm miffic m. Niw ME M mmw MEM mmw MIR MMK tJ MM Naiv Wit 41 11 it 1 t. i ('; �. _ y; 1 11 CITY CI' MIAMI, FLORIDA iNtm '2- ?FFICC MEMORANbUM 147° MAY 8 Aryl I I: tit) 7 7 Richard Fosmoen Ass t City Manager May 5; 1978 PILE: ' 1 ""'T` City Boards and Cotnmi ttees Ge•rge R. Knox, dr. =:R1:1Residency Requirements City Attorney evct.osurrs: The following should supply the information orally requested by you last week in connection with any requirements that members of City boards and committees reside within the City: A. As you may know, one of the qualifications for the office of a Commissioner is residency: "Members of the commission shall be residents of the city..." [Charter, Sec. 4(c) ] In the event that a Commissioner were to move his or her residency from the City, he of she would forfeit the office. B. The following provisions apply to the membership qualifications for the listed bodies: 1. Downtown Development Board "Each appointed member of the board shall reside in or have his place of business or public office in the city." [Emphasis added - Code Sec.13-7(1)] 2. Off -Street Parking Board "Each member of the board shall either reside or have his principal place of business -in the city...." [Charter, Sec. 23-A-1.] 3. Planning Advisory Board "Persons appointed shall be electors of the city. [Code Bec. 62.19.] 4. Zoning Board "Persons appointed shall be electors of the city." [Code Sec. 62.19.] �1 Richard Fosmoen Assistant City Manager May 5, 1978 Re: City Boards and Cotnfiti t tees - Residency Requirements NOTR: The following provision from the Charter is quoted for your reference: I ....Any person who shall possess the qualifications requisite to ari elector at the general State election and shall have resided in the City of Miami for six months next preceeding the city election at which he offers to vote, and shall have been registered by the city registration books. that have been prescribed by ordinance, shall be a qualified elector of the city...." [Charter, Sec. 8.] C. Nowhere is there any residency requirement for membership on the following agencies which have been created by ordinance: 1. Civil Service Board 2. Retirement Plan Board 3. Retirement System Board 4. Substance Abuse Advisory Committee D. We are awaiting receipt of a further list of agencies from Mr. Homan and,upon its receipt, we will screen it and advise you further in this regard. GFK/RFC/rb cc: Robert C. Homan Administrative Assistant MEW Joseph W, McManus Acting Director P* ng Departure eorgr. F. Knox City ttorney CI rY F ;LC..110A Ctt `�P HIAMI Pit UHtHG OtPfi , ,a U�.► 1978 tikY 1 PI 8! 27 April 27, 1978 REFERRED t0.y:CU?IES:.FILE '''" Status of Plann• n Board ;Memb°e ` L .MIA 78-24 �A'dv�.sorye This is in response to your request for a legal opinion in which you posed the following question: CAN A MEMBER OF THE PLANNING ADVISORY BOARD BE REMOVED FOR CAUSE IF THE MEMBER IS NOT A RESIDENT OF THE CITY OF MIAMI? The answer to this question is in the affirmative. Section 62-18, City Code Chapter 62 (Ordinance No. 8234, dated February 28, 1974) states that persons appointed shall be electors of the City. Section 62-22 provides for removal, for cause, by the City Commission. In order for a person to be an elector of the City of Miami he must reside in the City of Miami. (Fla. Statutes Sec. 97•.091). In regard to the specific case of Mr. Isidro Borja, I am informed by Joyce Dieffenderfer, the Supervisor of Elections for Dade County, that they are investigating to determine whether Mr. Borja is a resident of the City of Miami. Ms. Dieffenderfer will notify me of the results of their investigation. GFK/MEA/s PREPARED BY: t1ICHEL E. ANDERSON Assistant City Attorney MMINININIMP1111111 i