CAO 8240 COMMITTEES METHOD OF CREATION LIMITATION ONCITY OF MIAMI BEACH
TO: DATE:
Commissioner Mendelson 6 April 1981
FROM:
SUBJECT:
John A. Ritte]
City Attorney
n
LIMITATIONS ON CITY BOARD MEMBERSHIPS
It has been suggested that the City adopt an ordinance limiting the
tenure of City Board members to 10 or 15 years per individual. Such
a proposal is conceptually similar to the "sunset" provisions which
now apply to many Federal and State Boards and Commissions. My Of-
fice has researched this issue, and I wish to advise you that there
is no legal or Constitutional impediment to adopting an ordinance
which imposes a time limitation on individuals serving on City
Boards or Commissions.
JAR:TMP:ab
FROM THE DESK OF
^^^^^>r»^ n JOHN A. RITTER
" ^ CITY ATTORNEY
70^
FROM THE DESK OF
JOHN A. RITTER
CITY ATTORNEY
r
7F e 4el<., i^^^ ^
4^ \\ WoA .
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA GOVERNING EXPIRATION OF
TERMS OF CITY BOARD AND COMMITTEE MEMBERS.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
1. All persons serving on City Boards, Committees, Com-
missions or Authorities created by Resolution whose terms of office
expire after a definite term of years shall cease to hold office
days after expiration of their terms, whether or not a succes-
sor to office has been appointed by the City Commission, and persons
whose term so expires shall have neither de jure nor de facto autho-
rity to vote or take any other official action on behalf of the City.
Persons whose term expired over days prior to adoption of this
resolution shall cease to serve immediately upon adoption of this
resolution.
2. All persons serving on City Boards, Committees, Com-
missions or Authorities created by Resolution, whose terms are for a
definite term of years and until a successor is appointed (or words
to that effect), shall continue in office until reappointed or .a
successor appointed by the City Commission.
3. The City Manager shall give advance notice to the
Miami Beach City Commission, by notification in the agenda, of any
and all future vacancies.
4. All resolutions or policies to the contrary, which
permit members of Boards, Committees, Commissions and Authorities to
hold "de facto" office after expiration of their terms, are hereby
superseded and rescinded.
PASSED §,nd ADOPTED this day of , 1981.
MAYOR
ATTEST:
CITY CLERK
APPROVED
LEGAL DEPT,
TMP:ab
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA GOVERNING THE TERMS OF
OFFICE OF ALL CITY BOARD AND COMMITTEE MEMBERS.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1. TERMINATION OF OFFICE.
All persons now serving on City Boards, Committees, Commissions or
Authorities shall cease to hold office days after expiration
of the term of their office (as said term is specified in the ordi-
nance, resolution or other law creating said office) whether or not
a successor has been appointed by the City Commission, and such per-
sons shall at that time cease to exercise any rights, power or pre-
rogatives of office. Any person whose term expired over days
prior to adoption of this ordinance shall cease to hold office im-,
mediately upon adoption of this ordinance.
SECTION 2. EXCEPTIONS.
This ordinance shall not apply to persons appointed to serve for a
specified term "and until a successor is appointed" (or words to
that effect); such persons shall continue to serve until reappointed
or a successor is appointed by the City Commission.
SECTION 3. NOTIFICATION OF VACANCIES.
The City Manager shall give advance notice to the Miami Beach City
Commission, by notification in the agenda, of any and all future
vacancies.
SECTION 4. REPEAL
All contrary provisions of any Miami Beach policy, resolution or or-
dinance are hereby repealed.
SECTION 5. EFFECTIVE DATE.
The City Commission of the City of Miami Beach specifically finds
that an emergency exists with respect to the authority of persons
holding office on nearly forty City Boards, Committees, Commissions
and Authorities, in that the terms of many such offices are in doubt
due to ambiguity with respect to the de facto or de jure authority of
such persons after expiration of their terms but before their suc-
cessors are appointed. Accordingly, the City Commission adopts this
measure as an emergency ordinance to protect the safety and welfare
of the City and its interests, to take effect immediately in accor-
dance with §166.041(3)(b), Fla. Stat. (1979).
PASSED and ADOPTED this day of , 1981.
MAYOR
ATTEST:
CITY CLERK
APPROVED
™P:ab LEGAL DEPT.
By JT^—-^Ji^^
Date J^^^^L^IO^^^I
F L O R
JOHN A. RITTER
CITY ATTORNEY
TELEPHONE : 673-7470
COMMISSION MEMORANDUM NO.
TO:
)
FROM:
SUBJECT:
DATE: 2 Dec. 1981
Mayor Norman Ciment and
Members of the City Commission
City Manager Harold T. Toal
John A. Ritter
City Attorney
CITY BOARDS AND COMMITTEES
This is an addendum to my Commission Memorandum dated November 25,
1981 concerning City Boards and Committees. We.have added columns
in the attached revised chart showing how the various members are
appointed, and the legal source of the various boards and commit-
tees. We have also revised the proposed ordinance and resolution.
JAR:TMP:ab
Attachments
BOARD
Art in Public Buildings
Bass Museum
Beautification Committee
Board of Adjustment
Boxing Commission
Budget Advisory Committee
Clean City Committee
Code Enforcement Board
Community Development
Advisory Committee
Citizens Advisory Committee
for Community Improvement
HOW APPOINTED
Not active
By contract - enumerated
City officials
14 memb: 2 appointed by each
commissioner
All membs appt by 5/7th
vote of commission
5 mem: all appointed by
city council
7 mem: 1 designated by each
councilman
Inactive
6 mem: appointed by majority
vote of city commission
11 mem: 7 elected by public,
4 appt by majority vote of
commission
17 memb: 2 ea. appointed
ea mem of city council,
3 by majority vote
TERM
Inactive, only operative when City
has to provide for art.
Members specified under contract;
indefinite term.
Two Years
One Year
Two years from date of expiration of
term of predecessors & shall serve
until their successors are duly
appointed & qualified.
Terms of office of each member shall
expire with that of the councilman
who appointed the member.
Inactive
Three years ... appointments to fill
a vacancy shall be for the remainder
of unexpired term
Two years. Terms extended until new
elections to be held in Dec, 1981
One year
-1-
HOW AFFECTED BY HOW BOARD
PROPOSED MEASURES CREATED
None
None
Terminates any mem- Resolut.
bers w/expired termq 11603
None - should amend Spec Act
by referendum Legis
Members will serve Code
until successors §31-3
appointed
Terminates most or
all members
None
None (inactive)
Terminates any mem-
bers w/expired
terms.
Terminates any mem-
bers w/expired
terms
Resol.
Contract
iResolut.
74-14475
lord. 80-
2232
les. 78-
L5672
30-16343 red laws &
Guidelines
^es.
L1871
Convention Center Advisory
Board
Miami Beach Employees'
Retirement
CMB Fine Arts Board
MB Golf Advisory
Gun Control Committee
Housing Authority
Hurricane Defense
Committee
Juvenile Problems
Landlord-Tenant
Arbitration Board
11 memb: 1 appt/commissioner,
4 by majority vote
3 elect by employees, 4
appt by major vote comm.
22 memb: 2 appt/commissioner
& 8 by city commission
13 memb: Pres of Bayshore &
Normandy men's & woman's
Golf Assn's, 1 appt/commis-
sioner (DOESN'T ADD UP)
4 memb; appointed by city
commission from offices of
Police Dept, City Manager,
City Attorney & local dealer
5 memb: appointed by Mayor
9 memb: City Manager, Police
Chief, Fire Chief, rep. of
City Attorney & 5 citizens
appointed by mayor.
7 memb: 3 reps of hotel/apt
industry, 3 tenants, 1 at-
large member appointed by
majority vote city commis.
One year
At will of commission.
One year. Any vacancy occurring
on the Board shall be filled in
the same manner as was his pre-
descessor.
One year. Vacancies during tenure
shall be filled by commissioner
making the original appointment
Indefinite. "The City Commission
shall appoint a 4-member committee.."
3 serve 1, 2, & 3 yrs, respectively;
2 serve 4-year terms. 4 yrs staggered,
At the will of mayor.
One year
Two years. Vacancies filled by ap-
pointment of city commission for un-
expired term in same manner as
original appointment
Terminates any mem-
bers w/expired
terms.
Uncertain
Terminates any mem-
bers w/expired
terms
Terminates any mem-
bers w/expired
terms
Uncertain/ probably
terminates any mem-
bers w/expired
terms
Terminates any mem-
bers w/expired terms
None
Uncertain
Terminates any mem-
bers w/expired
terms
Res.
10579
Res.80-
16262
Res.
13599
§25-115
Code
Res.
7031
Res.78-
15642
Ord 78-
2110
-2-
CMB Latin American
Community
Marine Authority
Minimum Housing & Commer-
cial Prop. Appeals Board
Commission Parking Committee
Firemen & Policemen Pension
Fund Board
Personnel Board
Miami Beach Planning Board
Public Library - Board of
Trustees
Real Estate Board of
Examiners
14 memb: 2 appts/commissioner
5 memb: appt by City Manager
w/approval of city council
7 memb: Appt by city council
Nonactive
3 memb. appt by Mayor, 6
membs elect by police &
firemen
9 membs: 5 appt by 5/7th
of comm, 4 elec by employees
11 membs: 4 appt by majority
vote of city commiss & 1
appt/commissioner
7 membs appt by City Manager
by & w/approval of city
council
City Mgr, appts membs w/
approval of commission
1. By separate memorandum, this office recommends repeal of this Board, based on State law preemption.
One year. Appointments to fill vacancy
shall be for remainder of unexpired
term of office
Two years. Appointments to fill
vacancies for remainder of un-
expired term.
Three yrs. Appointments to fill va-
cancy for remainder of unexpired
term
Activated only when needed.
Two years
6 non-employee members, 5-yr terms,
3 employee membs, 3 yr terms,
staggered years.
Two years
Four years staggered. Vacancies filled
by City Mgr by & w/approval of city
council for balance of unexpired term
Five years, staggered
Terminates any mem-
bers w/expired
terms
Terminates any mem-
bers w/expired
terms
Terminates any mem-
bers w/expired
terms.
None
None-prob. must
amend by referen.
None-prob must
amend by refer.
Terminates any mem-
bers w/expired
terms
Terminates any mem-
bers with expired
terms.
Terminates any mem-
bers w/expired
terms1/
Res 78-
15707
Ord-75-
2050
Ord 1582,
174-1996
Spec Act
& Ord.
Ord
1891
§22-6
Code
§33
Code
-3-
Recreational Centers &
Parks Facilities Board
Miami Beach Redevelopment
Agency
Safety Committee
Social Service Advisory
Solicitations Advisory
Committee
CMB Commission on Status
on Women
MB Visitor & Convention
Authority
Miami Beach Youth Congress
Ad Hoc Economic Advisory
Committee
Unclear
5 membs appt by majority
35 membs: 5 appts/commis-
sioner
10 membs: Asst. City Mgr,
2 appointments by City
Mgr, 7 appts by city council
21 membs: 3 appt/commissioner
7 membs: all appt by majority
vote of city council
Inactive
9 membs appt by City Mgr.
Unclear, no term
Initially staggered terms. There-
after on expiration, 4 years
One year, to expire 4/1/82
At will of the mayor?
Two years.
Unclear (2 years?)
Initially 4 membs appt for 2 yrs, 3
membs appointed for 1 yr. Subse-
quent appts except for filling
vacancies, for 2 yrs.
Inactive
Indefinite - terminates upon selec-
tion of developer
Unclear
Terminates any mem-
bers w/expired terms
Terminates any mem-
bers w/expired terms
None?
Terminates any mem-
bers w/expired
terms
Unclear, probably
terminates any mem-
bers w/expired terms
Terminates any mem-
bers w/expired
terms
None
None
St.la^
Art VJTB
Code
Res.
13155
Ord
1092
1169
Res 74-
14487
Spec Act
Ord 1779,
79-217;i "
Res 81-
16668
-4-
OFFICE OF THE CITY ATTORNEY
JOHN A. RITTER
CITY ATTORNEY
P.O. BIN 190000
MIAMI BEACH, FLORIDA 33119
TELEPHONE: 673-7470
22 November 1982
Ms. Gabrielle Nash-Tessler
2534 Flamingo Drive
Miami Beach, Florida
Re: City of Miami Beach — Boards & Committees
Dear Gabrielle:
In regard to your request of whether the Mayor's Ad Hoc Birthday
Jubilee Committee may become a regular committee of the City, this
office will draft either a resolution or an ordinance creating a
permanent Birthday Jubilee Committee only if a Commissioner requests
us to. However, as a point of information, you should be aware that
§2-1.3 of the Miami Beach City Code prohibits an individual from
being on more than one committee at the same time. Therefore,
should the Ad Hoc Birthday Jubilee Committee become a full fledged
committee, you would have to resign your position on the Commission
on the Status of Women in order to still remain Chairman of the
Birthday Jubilee Committee. Moreover, any member of the Ad Hoc
Birthday Committee who now sits on another board of the City would
have to resign from the other board in order to sit on the Birthday
Jubilee Committee.
For your information, here is a list of all the City Boards and Com-
missions and how they were created:
Art-In-Public Buildings Committee created by Resolution.
Bass Museum — Board of Trustees created by Bass Museum contract.
City of Miami Beach Beautification Committee created by Resolution.
Board of Adjustment created by Special Legislative Act.
Boxing Commission created by Chapter 31 of the Code of the City of
Miami Beach.
Budget Advisory Committee of the City of Miami Beach created by re-
solution.
Code Enforcement and Minimum Housing and Commercial Appeals Board
created by ordinance.
Ms. Gabrielle Nash-Tessler
22 November 1982
page 2
Community Development Advisory Committee created by resolution.
Citizen's Advisory Committee for Community Improvement created by
resolution.
Convention Center Advisory Board of the City of Miami Beach created
by resolution.
Miami Beach Employees Retirement System Board of Trustees, created
by Charter.
City of Miami Beach Fine Arts Board created by resolution.
Miami Beach Golf Advisory Committee created by resolution.
Gun Control Committee created by ordinance.
Housing Authority created by resolution.
Hurricane Defense Committee created by resolution.
Juvenile Advisory Committee, created by resolution.
Landlord-Tenant Arbitration Board created by ordinance.
Miami Beach Latin American Community Affairs Advisory Board created
by resolution.
Marine Authority created by ordinance.
Minimum Housing and Commercial Property Standards' Board created by
ordinance.
Commission Parking Committee, created by resolution.
Firemen and Policemen Pension Fund Board created by Miami Beach re-
lated laws. (Statute)
Personnel Board created by Miami Beach related laws. (Statute)
Miami Beach Planning Board created by ordinance.
Plaques and Memorial Committee of Commission created pursuant to
City ordinance.
Public Library Board of Trustees created by ordinance of City of
Miami Beach.
Ms. Gabrielle Nash-Tessler
22 November 1982
page 3
Recreational Centers and Parks Facilities Board created by resolu-
tion.
Miami Beach Redevelopment Agency created by ordinance.
Safety Committee of Miami Beach created by resolution.
Social Service Advisory Board, created by resolution.
Solicitations Advisory Board created by ordinance.
Miami Beach Commission on the Status of Women created by resolution.
Miami Beach Visitor and Convention Authority created by ordinance.
Miami Beach Youth Congress created by resolution.
Mayor's Ad Hoc Task Force on Crime created by resolution.
Mayor's Ad Hoc Task Force on Redevelopment created by resolution.
Mayor's Ad Hoc Birthday Jubilee Committee created by resolution.
Please feel free to contact me if there is anything else you wish to
ask me in regard to this matter.
Sincerely yours,
JOHN A. RITTER
CITY ATTORNEY
ean Kronheim
'Assistant City Attorney
JK:ab
11222a
Enc.
CITY OF MIAMI BEACH
TO:
Commissioner Mendelson
DATE:
6 April 1981
FROM:
SUBJECT:
John A. Ritter
City Attorney
LIMITATIONS ON CITY BOARD MEMBERSHIPS
It has been suggested that the City adopt an ordinance limiting the
tenure of City Board members to 10 or 15 years per individual. Such
a proposal is conceptually similar to the "sunset" provisions which
now apply to many Federal and State Boards and Commissions. My Of-
fice has researched this issue, and I wish to advise you that there
is no legal or Constitutional impediment to adopting an ordinance
which imposes a time limitation on individuals serving on City
Boards or Commissions.
JAR:TMP:ab
0 * ' a
r
IE
FROM THE DESK OF
JOHN A. RITTER
CITY ATTORNEY
cX- AttJ /(? / fts-. ^
7 /
FROM THE DESK OF
JOHN A. RITTER CITY ATTORNEY
^ - r-
CITY OF MIAMI BEACH
TO: John A. Ritter
MUNICIPAL PROSECUTOR
CITY ATTORNEY
DATE: April 6, 1981
FROM: Steven D. Ginsburg
SUBJECT: ARREST POWERS
/I
/
Your query of Mr. Pflaiam has been referred to me.
City Ordinance 80-2238 (6) specifically states:
.... The municipal prosecutor and his designated
assistants shall have authority, to arrest and de-
tain individuals in conformity with § 25 of the
Miami Beach Charter and the Constitution of the
United States.
Section 25 referred to above, permits the police to
effect warrantless arrests for ordinance violations
committed in their presence, or to seek arrest
warrants upon affidavit. Thus, the power of the
Municipal. Prosecutor to theoretically arrest, is
limited to violations of the City Code.
As a caveat however, all municipal prosecutors should
be carefully advised of the policy reasons against the
exercise of their arrest power:
1. The State Attorney has strict policies against
Assistant State Attorneys from acting in quasi-
police capacities. These are founded upon two
considerations:
a. A conflict of interest would be created
preventing prosecution by the State Attorney,
requiring appointment of a Special Prosecutor,
where the prosecutor is a witness, indeed
the arresting officer.
b. Lack of experience in making decisions "on
the street" combined with the prosecutor's
responsibility to seek justice in a neutral
manner.
2. "-^The elements necessary to establish probable cause
for violations of the City Code are not always the
same as those existing under the concurrent Florida
Statute. In fact, several criminal sections of the
City Code are constitutionally suspect in light of
* recent court decisions, and legislation pre-empting certain
fields to the exclusivity of State or Federal governments.
3. Exposure to liability, not to mention physical harm.
Plain-clothed officers always have a back-up to assist.
It is extremely dangerous to effectuate an arrest alone.
4. Code of Professional Responsibility
Canon 5 : Independent Professional Judgment
DR 5-101, DR 5-102
EC 7-13 : Responsibility of a Public Prosecutor
EC 7-14 : Restraint by government lawyer
DR 7-103, DR 7-105
cc: Thomas Pflaum
Louise Barrett
" .V- ,^
CITY OF MIAMI BEACH
TO:
FROM:
SUBJECT:
JOHN A. RITTER
MUNICIPAL PROSECUTOR
CITY ATTORNEY
DATE: April 6, 1981
STEVEN D. GINSBURG
MUNICIPAL PROSECUTOR/. POWER TO CARRY FIREARMS
City Ordinance 80-2238 while providing Municipal Prosecutors
with Arrest Powers does hot provide for their classification
as law enforcement officers, and further, does not permit
them to carry, possess or use firearms in the performance
of their duties.
Although State Attorneys and their Assistants ostensibly
fall under exceptions.in Chapter 790 Florida Statutes,
thereby permitting them the same privileges as police officers
with respect to firearms, municipal prosecutors are not so
exempted. See Florida Statute .790.25 .(d) . Moreover, it
should be noted, as a matter of historical interest, both
Richard Gerstein and Janet.Reno have had very strict policies
concerning the carrying of.firearms by Assistant State
Attorneys. Both require their. Assistants to adhere to the
laws as applied to ordinary citizens. Ms. Reno permits
Carrying Concealed: Firearms only when an Assistant is on
Official Business (eg. presence at a homicide scene), and
then, only if the Assistant has qualified under, police
standards at the firing range.
Therefore, Municipal Prosecutors have no more rights with
respect to weapons than does the ordinary citizen. Florida
Statutes 790.01, 790.05,790.06, and 790.25 should be
consulted for these rights and obligations. Additionally,
City Code Ordinance 81-2258 applies to actions on Miami
Beach.
cc: Louise Barrett
Tom Pfla\am