Proposed New Charter for CMBPROPOSED NEW CHARTER FOR CTTY OF MT]~iT BEACH
,,Questions/&nswers Spreadsheet'"
Ouestions
1. Why is the existing City
Charter'being revised?
e
Are there any differences
between the existing City
Charter and the new
proposed Charter, and if
so, what are these
differences?
/~nswers
The present City Charter is 92
pages long, dates back to 1917,
and is awkwardly worded, making
it difficult for the average
citizen to understand. Also,
the great bulk of the existing
City Charter ~s obsolete,
redundant and superfluous,
already being covered in either
state law, county law, and/or
the Miami Beach City Code.
Accordingly,~ a complete
revision of the existing City
Charter into a concise,
clearly-worded document will
better enable the citizens of
Miami Beach to understand its
City Charter.
The new proposed City Charter
essentially mirrors those
provisions contained in the
existing Charter with regard to
the City Manager form of
government, election of the six
city Commissioners and a Mayor,
initiative and referendum
provisions, provisions
governing City Commission, City
Attorney, City Manager and
Administrative organization,
budget and finance, and
elections. Provisions which
are in the existing Charter
found to be obsolete, redundant
and/or superfluous have been
deleted inasmuch as said
matters are no longer needed
for inclusion within the City's
Charter.
The primary substantive
differences between the
existing Charter and the new
proposed Charter are as
~ues~ons con~. &ns~ers con~o
follows:
(a) inclusion of a "Citizens
Bill of Rights," ensuring
open government to all;
(b) gender-neutral provisions;
(c) grant of subpoena power
to the City Commission
(upon a 5/7ths vote of
the City Commission) for
the pur. poses of
conducting internal City
investigations; and
(d) removal of the City ' s
Health Advisory Board
from the Charter into the
City Code.
(A copy of the existing City Charter with specific notations
reflecting proposed changes thereto is on file in the City Clerk's
Office.)
Why does the City
Commission need the power
to issue subpoenas?
Often times, the City
Commission needs to obtain
information (either in the form
of testimony and/or documents)
from individuals unwilling to
do so -- in these situations,
the City Commission is unable
to obtain said information
unless it can compel (via
subpoena) witness attendance or
production of documents.
The Miami City Charter
presently provides in its
Charter for the issuance of
subpoenas by its City
Commission. The proposed Miami
Beach Charter provision would
likewise grant the Miami Beach
City Commission the power to
issue subpoenas upon a 5/7ths
vote of the Commission;
requiring this super-majority
vote ensures protection against
the potential abuse of subpoena
Oues~ons con~. ~ns~e~s con~.
Why is the Health
Advisory Board being
proposed for removal from
the City Charter into the
City Code?
Will the present City
Manager form of
government change under
the new proposed Charter?
Does the new proposed
Charter make any changes
in the number and/or
terms of City Commission
seats?
Will the new proposed
Charter effect existing
rights, obligations,
duties and relationships
between the City of Miami
Beach and other parties?
power.
Section 8 of the existing City
Charter presently establishes
the creation of a City of Miami
Beach Health Advisory Board --
since this appointive board is
contained within the City's
Charter, matters relating
thereto may be a~ended only by
electorate approval (pursuant
to Municipal Home Rule Powers
Act, Chapter 166, Florida
Statutes). Inasmuch as other
City boards and committees are
established and amended without
the need for referendum, it is
therefore suggested that
similar provision be made for
the Health Advisory Board, and
provisions governing said Board
be moved over into the city
Code as a housekeeping matter.
No. The new proposed Charter
retains the City Manager form
of government under which the
City Manager is the chief
administrative officer of the
City of Miami Beach.
No. The City Commission shall
remain as a body consisting of
six City Commissioners and a
Mayor who shall be elected at
large, with City Commissioners
serving staggered terms of 4
years, and the Mayor serving
for a term of 2 years.
No. Provision is made in the
new proposed Charter for the
continuation of debts,
contracts and special
assessments between the City
and other parties, as well as
existing rights, obligations,
duties and relationships now
4
Questions cont. Answers cont.
Se
10.
What wi%l happen to the
existing City Charter if
the new proposed Charter
is approved by the
voters?
What happens if the City
voters do not approve the
new proposed Charter?
If the voters approve the
new proposed Charter when
will it go into effect?
existing by law or agreement
between the city of Miami Beach
and other governmental units.
If the new proposed Charter is
approved by the voters, the
existing Charter for the City
of Miami Beach will have been
repealed in its entirety.
Moreover, all 9rdinances in
effect upon the adoption of the
new proposed Charter, to the
extent not inconsistent with
said Charter, shall remain in
full force and effect until
amended or repealed.
In the event that a majority of
the voters fail to vote in
favor of adoption of the new
proposed Charter, the existing
City Charter shall remain
unaffected -- a vote reflecting
the electorate's wishes not to
adopt a new proposed Charter
shall not amount to a
ratification or readoption of
the existing Charter.
If approved by a majority of
the voters, the new proposed
Charter will go into effect
upon acceptance by the City
Commission of the certification
of the election results from
the Dade County Elections
Department.
(a: jo misc\bal LoCqu.cha)