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HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: George K. Wysong III, City Attorney Ge°rge,K. wysong-Irr DATE: March 11, 2026 RE: Substitution of SR.5 on the March 12, 2026, City Commission Meeting Amend Code — Chapter 2 — Elected Officials Deadline — Commission Agenda Placement File No.: 18868 Item SR.5 on the March 12, 2026, City Commission Meeting Agenda proposes adoption of an ordinance amending Chapter 2/Article II of the City Code by amending Section 2-33, titled "Order of Business and Rules of Procedure," to amend the time in which an elected official may place an item on the City Commission agenda from noon seven (7) business days before the City Commission meeting to midnight on the second Sunday preceding the City Commission meeting. The Legislation is being substituted with a revised ordinance to change the proposed deadline in Section 2-33 from midnight on the second Sunday preceding the City Commission meeting to noon eight (8) business days before the City Commission meeting. No other substantive changes are being made by this substitution. cc. James Reyes, City Manager Miriam Santana, Agenda Coordinator SLA_0,--1\i-koz-1 010-1440 c) City of Miami Ordinance Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION", BY AMENDING SECTION 2-33 TITLED "ORDER OF BUSINESS AND RULES OF PROCEDURE" TO AMEND THE TIME IN WHICH AN ELECTED OFFICIAL MAY PLACE AN ITEM ON THE CITY COMMISSION AGENDA FROM NOON SEVEN BUSINESS DAYS BEFORE THE CITY COMMISSION MEETING TO NOON EIGHT BUSINESS DAYS BEFORE THE CITY COMMISSION MEETING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Chapter 2/Article II of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Administration/Mayor and City Commission," establishes the City Commission's order of business and rules of procedure, including the preparation of the City Commission agenda; and WHEREAS, Section 2-33 of the City Code currently provides that, notwithstanding certain provisions therein, an elected official may place an item on the City Commission agenda up to noon seven (7) business days before the City Commission meeting; and WHEREAS, the City Commission finds that extending the deadline to 12:01 a.m. (local time) eight business days the City Commission meeting will provide the City administration and the Office of the City Attorney additional time to review agenda items for completeness and legal sufficiency and to complete necessary budgetary and fiscal review, including confirming available funding sources, evaluating fiscal impacts, and coordinating with the City's budgeting and finance functions, thereby promoting the orderly and efficient conduct of City Commission meetings; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY-4)F MIAMI, FLORIDA: c-)rn =12 Section 1. The recitals and findings contained in the Preamble to this Ordinantj aare__ adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 2/Article II of the City Code is further amended in the followtl particulars:1 n' i� ca "CHAPTER 2" 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 Page 1 of 2 File ID: 3 0 `ram t�.7 File ID: Enactment Number: ADMINISTRATION ARTICLE II. MAYOR AND CITY COMMISSION Sec. 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: (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 defined in section 2-882 of this Code. Notwithstanding subsections 2-33(d) and 2-33(e) of the City Code, an elected official may place an item on the city commission agenda at any time up to noon -seven eight business days before the city commission meeting. An elected official who desires to sponsor or co- sponsor any such matter must submit such a request in writing to the agenda office or direct his or her chief of staff to do the same. 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 immediately upon final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: rn 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 Page 2 of 2 File ID: City of Miami Legislation Ordinance File Number: 18868 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION", BY AMENDING SECTION 2-33 TITLED "ORDER OF BUSINESS AND RULES OF PROCEDURE" TO AMEND THE TIME IN WHICH AN ELECTED OFFICIAL MAY PLACE AN ITEM ON THE CITY COMMISSION AGENDA FROM NOON SEVEN BUSINESS DAYS BEFORE THE CITY COMMISSION MEETING TO MIDNIGHT ON THE SECOND SUNDAY PRECEDING THE CITY COMMISSION MEETING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Chapter 2/Article II of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Administration/Mayor and City Commission," establishes the City Commission's order of business and rules of procedure, including the preparation of the City Commission agenda; and WHEREAS, Section 2-33 of the City Code currently provides that, notwithstanding certain provisions therein, an elected official may place an item on the City Commission agenda up to noon seven (7) business days before the City Commission meeting; and WHEREAS, the City Commission finds that extending the deadline to midnight on the second Sunday preceding the City Commission meeting will provide the City administration and the Office of the City Attorney additional time to review agenda items for completeness and legal sufficiency and to complete necessary budgetary and fiscal review, including confirming available funding sources, evaluating fiscal impacts, and coordinating with the City's budgeting and finance functions, thereby promoting the orderly and efficient conduct of City Commission meetings; 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 is further 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 unchanaed material. City of Miami File ID: 18868 (Revision:) Printed On: 3/3/2026 ARTICLE II. MAYOR AND CITY COMMISSION Sec. 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: (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 defined in section 2-882 of this Code. Notwithstanding subsections 2-33(d) and 2-33(e) of the City Code, an elected official may place an item on the city commission agenda at any time up to midnight on the second Sunday preceding the city commission meeting, notwithstanding Section 1-14, Computation of Time, of the City Code. An elected official who desires to sponsor or co-sponsor any such matter must submit such a request in writing to the agenda office or direct his or her chief of staff to do the same. 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 immediately upon final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: gIII.0 y tor C y for y 3/3/2026 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: 18868 (Revision:) Printed On: 3/3/2026 Lopez, Maricarmen From: Santana, Miriam Sent: Wednesday, March 11, 2026 12:24 PM To: Balzebre, Anthony; Bello, Joel; Bilbao, Ron; Bravo, Gaby; Cunill, John; Duran, Alex; Escalona, Rolando; Fernandez, Jon; Fernandez, Maggie; Ferreiro, Esteban; Forde, Ellaneese; Gabela, Miguel Angel (Commissioner); Garay, Martha; Gonzalez, Anthony; Harrell, Yvette; Higgins, Eileen (Mayor); King, Christine (Commissioner); Lazcano, Diego; Leal, Eddy; Molina, Christian; Montes, Ana; Pardo, Damian (Commissioner); Quintero, Lazaro; Reyes, James; Romero, lhosvany; Rosado, Ralph (Rafael) (Commissioner); Alejandra Argudin; Alfaro, Charles; Aragon, Niorge; Arguelles, Nadia; Badia, Hector; Barcena, Anthony; Black, Elaine; Blanco, Armando; Blondet, Lillian; Brown, Paul; Brubaker, Sonia; Bustamante, Aldo; Calderon, Yadissa; Carswell, Keith; Cerrato, Julia; Colebrook - Williams, Natasha; Daniel, Munirah; DT Chiefs Dept Dirs Ext Mbr - Scott Simpson; Eisenhart, Maria; Ellis, Oscar (Chuck); DT Chiefs Dept Dirs Ext Mbr - Elvira Manon; Emerg Mgmt Adv Ext Mbr - Christina Crespi; Ewan, Nicole; Farina, Alissa; Fernandez-Stiers, Melissa; Floyd, Cheriene; Frey, Andrew; Frost, Tamara; Gibbs-Sorey, Domini; Gilbert, David; Gouin, Marie; Grate, Katie; Haines, Trelana; Hannon, Todd; Hardy, Robert C.; Henderson, Dale; Hernandez, Barbara; Hevia, Robert; Hunt, William; Hyppolite, Asseline; Jones, Graham; Marrero, Asael; Martinez, Ricardo (Employee Relations); McCray, Edith; Michel, Leon; Mindingall, Tishria; DT Agenda Liaisons Ext Mbr - Mirtha Dziedzic; DT Chiefs Dept Dirs Ext Mbr - Monica Cuadra; Morales, Manuel (Chief of Police)- Police; Moy, Jennifer; Musser, Grant; Paschal, Erica; Perez, Annie; Perez, Jose R.; Perez, Ofelia; Poleo, Helena; Ponassi Boutureira, Fernando; Pons, Maurice; Quade, John; Ramirez, Jennifer; Ramos, Noel; Roberts, Angela; Rodriguez, Orlando; Ruiz, David; Santamaria, Eduardo; Santana Jr., Juvenal; Santana, Miriam; Severino, Stephanie; Snow, David; Suarez, Carlos I; Tazoe, Roberto; Torres, Sergio; Turner, Victor; Wade, Natasha C. Cc: Acle-Menendez, Ana; Agenda Office-DL; Albelo, Michelle - Police; Albo-Gonzalez, Elizabeth; Aleixo, Rafaella; Alvarez, Beatriz; Aviles, Yesenia; Blanco, Jorge; Blue, Sabrina; Bonnick, Anasha - Police; Britos, Nina; Brudzinski, Kyle; Cabrisas, Kathryn; Castellon, Thalya; DT Agenda Liaisons Ext Mbr - Chantal Gonzalez; Dawson, Donovan; De la Maza, Cristina; Del Val, Betsy; Diaz, Daylet; Diaz -Torres, Calitza; Downer, Wilma; Elliott, Aniska; Ellis, Jacqueline; Emerg Mgmt Adv Ext Mbr - Liliana Collazo; English, Antonette; Ervin- w Cobb,Pamela - Police; Falcon, Eduardo; Figueroa, Natalia; Forges, Sandra; Gandarilla, cel CI Aimee; Gibson, Dorian; Giron, Vanessa; Gray, Tahlia; Hansen, Anthony; Hearing Board L! cu department; Hernandez, Boris; Hudson, Iris; Iturrey, Jessica; DT Agenda Liaisons Ext Mbr 0.- ��_ - Ivonne de la Vega; Jackson, Tameka; Jimenez, Julissa- Police; Kelsey, Percilla; LLI LaFortune, Shellande; Lee, Erica; Legislative Division; Lima, Cristiane; Lopez, Marcia; ice ;.- Lopez, Maricarmen; Maichel, Hans; Manzo Macias, Hannah; Martinez, Maria; McGinnis, I.�.! Lai -Wan; McKinnon, Charles; McKnight, Anna; Medina, Anna; Mendez, Yordanka; Milord, LO N Joann; Morejon, Aida; Morley, LaCleveia; Novas, Sandra; Nunez, Efren; Oguntoyinbo- N Rashad, Quatisha; Oreliana, Grace; Osborne, Latoya; DT Agenda Liaisons Ext Mbr - Pablo Velez; Penaranda, Susana; DT Agenda Liaisons Ext Mbr - Peralta; Pierre, Andre; Prada, Barbara; Quintana, Rachel; Ramlal, Vishwani; Ramos, Daylin; Rawlins, Tracy; Revuelta, Sheiza; Rodriguez, Carmen; Rodriguez, Denise; Rodriguez, Reinaldo; Romani, Nancy; Rueda, E. Patricia; Ruiloba, Angie- Police; Saunlett, Joy- Police; Smith, Andrea; Smith, Angela; Steiner, Sevanne; T. Sutherland, Malissa; Tran, Julie; Vargas, Brian Subject: SR.5 Substitution - March 12, 2026 CC Mtg. Attachments: Substitution Memo - Timeframe for City Commission Agenda Items.pdf Good afternoon, i Please see attached substitution for Item SR.5 (File Id 18868; Amend Code - Chapter 2 - Elected Officials Deadline - Commission Agenda Placement) on the March 12, 2026 City Commission Meeting agenda. Thank you, Miri Miriam M. Santana Agenda Coordinator City of Miami, Office of Agenda Coordination MSantana@miamigov.com Use the link below to access important Agenda Documents including Directives Logs, Sample Documents and Agenda Process Deadlines and Tutorials. Agenda Office Shared Drive 2