CAO 00-18
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CITY OF MIAMI BEACH TRANSMITTAL FORM:
REQUEST FOR LEGAL OPINION
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TO:
Murray Dubbin
City Attorney
C.M.O. Number: 1-10/00
FROM:
Jorge M. Gonzalez
City Manager
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DATE:
October 2, 2000
SUBJECT:
PARKS AND RECREATION FEE WAIVER POLICY
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I am forwarding the attached memorandum to you for your handling. As indjcat~d directly
below, please respond to this office with a copy of your opinion to the d;Part~ent, when
applicable. "
As soon as possible, please return the completed Legal Department Transmittal Form to
this office.
Thank you for your prompt attention to this matter.
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Attachment
F:\CMGR\$ALL\LISA\LEGAL.FRM\LEGAL-OP.FRM
c: Mayra Diaz Buttacavoli
Kevin Smith
Sugar Firtel
TO:
Jorge M. Gonzalez
City Manager
DATE: December 7. 2000
FROM:
Murray H. Dobbin, City Attorney
Debora J. Turner. First Assistant City Attorney
As per your request, attached is the Legal Opinion you requested regarding the above-
referenced subject.
Attachment
c: Mayra Diaz Buttacavoli
Kevin Smith
Sugar Firtel
..
. ..
TO:
Jorge Gonzalez C.A.O. NO. 00-18
City Manager y
C.M.O. NO. 1-10/00
Murray H. DUbbj, '
City Attorney /V'~
FROM:
SUBJECT: Parks and Recreation Department Fee Waiver Policy
DATE: December 5,2000
QUESTION: Whether the City Code, ordinances, and/or existing resolutions authorize the
City Manager to waive rental fees for the use of City recreational facilities.
ANSWER:
There is no specific provision codified in the City Code, or in any City resolution, with regard
to the City Manager's authority to waive rental fees for recreational facilities. However, the City
Manager's general administrative functions and powers are set forth in Section 4.02 of the City
Charter. Under the City Charter, the City Manager "shall be responsible to the City Commission for
the proper administration of all affairs of the City" and, under subsection 4.02(h), the City Manager
shall have "general and special supervision and control, subject to the control by the City
Commission, of the several departments" of the City, except the Legal Department.
As you have indicated, the City's Parks and Recreation Department manages the City's
Community Centers, Botanical Garden, and recreation facilities. 1 Via an administrative
memorandum issued October 22, 1984 ("Memorandum") by then City Manager Rob Parkins, a
recommended policy for the use of parks and recreation facilities by community groups was
established. This Memorandum (attached hereto) recommends the following guidelines when
requests are received from Miami Beach community groups to use City facilities for their meetings:
. All requests shall be forwarded on a case-by-case basis to the City Manager for his
approval/disapproval, with a recommendation from the appropriate City Department.
. The City Department recommendation will include all direct costs, problems, and any other
pertinent information that may be necessitated by the request(s).
IThis opinion does not address fee waivers with regard to the Miami Beach Convention
Center. Fee waivers for that facility are governed by Resolution No. 2000-24166. Under that
Resolution, fee waivers are recommended by the Convention Center Advisory Board and must benapproved by the City Commission.
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The following criteria was set forth in the Memorandum to be used by City Departments in making
their recommendation:
1. Whether the organization is a non-profit organization.
2. Whether the programs/meetings are of educational value.
3. Whether the meetings are to be held once per month.
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4, Whether the meetings are to be held between the hours of 10:00 a.m. and 3 :00 p,m.
5. That no refreshments are to be served.
6. Any direct costs are to be paid by the organization.
The foregoing guidelines and criteria, however, do not address fee waivers. It is suggested that fee
waivers for the City's recreational facilities be consistent with the guidelines and criteria used for
the Convention Center (attached hereto). Specifically, guidelines and criteria for fee waivers should
be carefully developed in conjunction with the Legal Department and said guidelines and criteria,
as well as fee waivers, should be subject to City Commission approval.
Further, it is noted that, on November 8, 2000, the City Commission amended Section 62-90
of the City Code which now requires that any request for a fee waiver for the use of "any municipal
facility" shall include written confirmation that the organization or club does not discriminate in its
membership or policies. Thus, said written confirmation should be added as a condition for all
existing, as well as for any future, fee waiver requests for the use of City facilities.
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