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File ID: #5599
Ordinance
First Reading
Sponsored by: Joe Carollo, Commissioner
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 REQUIRE A MAJORITY VOTE
TO SUSPEND THE "FIVE DAY RULE" AFTER IT HAS BEEN INVOKED; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
City of Miami File ID: 5599 (Revision:) Printed On: 4/8/2019
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Ordinance
Enactment Number: 13832
File Number: 5599 Final Action Date: 3/28/2019
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 REQUIRE A MAJORITY VOTE
TO SUSPEND THE "FIVE DAY RULE" AFTER IT HAS BEEN INVOKED; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
WHEREAS, Section 2-33 of the Code of the City of Miami, Florida, as amended ("City
Code"), requires that a "copy of each agenda item including each resolution and ordinance and
all attachments and back-up material' be furnished to the Mayor and members of the City
Commission at least five (5) full business days before each regular City Commission meeting
("Five Day Rule"); and
WHEREAS, the Five Day Rule is deemed suspended unless invoked by a
Commissioner before the Commission takes action on the resolution or ordinance; and
WHEREAS, once invoked, the Five Day Rule can only be suspended by a unanimous
vote of the Commission, which includes the Commissioner who originally invoked the Five Day
Rule; and
WHEREAS, the Five Day Rule, as currently set forth, can be used with sincere
motivation in order to obtain additional information regarding an item, but places too much
power in the hands of one (1) Commissioner and, therefore, can also be used to interfere with
the democratic process and the business of the City Commission; and
WHEREAS, it is in the best interest of the City and its residents that Section 2-33(f) of
the City Code be amended as described herein;
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 further amended in the following particulars:'
"CHAPTER 2
ADMINISTRATION
' 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: 5599 (Revision:) Printed On: 4/8/2019
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.
(f) A copy of each agenda item including each resolution and ordinance and all
attachments and back-up material shall be furnished to the mayor and members of the city
commission at least five full business days before each regular city commission meeting
with the exception of veto items. This rule shall be deemed suspended unless invoked by a
commissioner before the commission takes action on the resolution or ordinance in
question. Once the rule is invoked, no action can be taken on the resolution or ordinance
unless the rule is suspended by HnaTmajority vote of the commissioners present.
Nonscheduled ("pocket") items may be introduced for consideration at a city commission
meeting by the mayor, a commissioner, the city manager, or the city attorney provided that
the city commission HRaRime6isl� by a majority vote deems such resolution or ordinance to
be of an emergency nature.
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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 immediately after its adoption and signature of
the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i t6ria i ' ndez, Ciky Attor i ey 3/5/2019
' 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: 5599 (Revision:) Printed On: 4/8/2019