Ordinance 2024-4659ORDINANCE NO.2024-4659
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING CHAPTER 2,
ENTITLED "ADMINISTRATION,"ARTICLE II,ENTITLED "CITY
COMMISSION,"AT SECTION 2-16,ENTITLED "COMMISSION
COMMITTEE DRAFT MINUTES-CITY COMMISSION APPROVAL,"TO
CLARIFY THAT CITY COMMISSION COMMITTEES MAY REQUEST
INFORMATION OR ADMINISTRATIVE SUPPORT FROM THE CITY
ADMINISTRATION,WITHIN THE SCOPE OF THE COMMITTEE
REFERRAL,SUBJECT TO THE PROVISIONS OF THIS ORDINANCE;
AND PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS,the Mayor and City Commission have created three City Commission
Committees to carefully study policy issues,examine facts,and advise the Mayor and City
Commission of their findings and recommendations;and
WHEREAS,the Commission Committees are staffed by the City Administration,and legal
counsel is provided by the City Attorney's Office;and
WHEREAS,the role of the Commission Committees is advisory,and any final or binding
action of the City Commission (including,without limitation,adoption of legislation,approval of a
contract,or appointment of a Charter officer)may only be taken by the City Commission,as the
City's governing body,at a regular or special meeting;and
WHEREAS,the Mayor and City Commission desire to amend the City Code to clarify that
Commission Committees may,by a majority vote,request that the City Administration provide
information or perform studies,investigations,or analysis,as long as the request (i)is within the
scope of the Committee referral,(ii)can be performed with existing budgeted resources,and (iii)
is within the City Manager's purchasing authority.
NOW,THEREFORE,BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
SECTION 1.That Chapter 2,"Administration,"Article II,"City Commission,"Section 2-16,
"Commission committee draft minutes-City commission approval,"of the Code of the City Miami
Beach is hereby amended as follows:
CHAPTER 2
ADMINISTRATION
***
ARTICLE II.-"CITY COMMISSION"
***
Sec.2-16.Commission committee draft minutes-City commission approval.
•(a)Procedure.Draft minutes from meetings of each city commission committee shall be
placed on a subsequent city commission agenda for the purpose of city commission review
and approval.Meeting minutes shall reflect any motions,votes on motions,and the
1
conclusion of each discussion on each agenda item including any future action that shall be
taken.The draft minutes are subject to correction,amendment,and;approval by the city
commission,with any corrections or amendments to be reflected in those minutes.Once the
draft minutes from the commission committee meeting have been approved by the city
commission,the "draft"notation shall be removed,and the minutes shall be considered final.
•(b)Effect.In general,approval of the minutes do not constitute the city commission's
substantive approval of actions taken at said commission committees,but shall serve only
to allow the minutes to assume their essential status as the official record of the proceedings
of the commission committee.However,those portions of minutes addressing a commission
committee's request for city administration action,shall only be effectuated when a
corresponding item for such requested city administration action is placed on a city
commission agenda,and approved pursuant to resolution or motion passed by a majority
vote of the members present.Nothing in this section shall be construed to prevent a
commission committee from requesting,by a vote of a majority of the committee.that the
city administration provide information or perform studies.investigations.or analysis.as long
as the request is (i)within the scope of the item referred to the committee,and (ii)can be
performed by City staff with existing budgeted resources,and (iii)if the request involves a
purchase of services,the purehgse is within the city mggngg@rs purehgsing guthrity_gs set
forth in chapter2,article /A of this Code.lf any request by a committee to provide information
or perform studies,investigations,or analysis shall require the purchase of services,such
purchase shall be subject to the prior approval of the City Commission even if the purchase
would otherwise be within the city manager's purchasing authority set forth in chapter 2,
article VI of this Code.
SECTION 2.REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3.SEVERABILITY.
If any section,subsection,clause or provision of this Ordinance is held invalid,the
remainder shall not be affected by such invalidity.
SECTION 4.CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the Code
of the City of Miami Beach,Florida.The sections of this Ordinance may be renumbered or
relettered to accomplish such intention,and the word "ordinance"may be changed to "section,"
"article,"or other appropriate word.
2
SECTION 5.EFFECTIVE DATE.
This Ordinance shall take effect on the _day of _[/o vevbe
PASSED AND ADOPTED this20 day ot_/ovemtg _,2024.
ATTEST:
2f w a ses
Rafael E.Granado,City Clerk
,2024.
2
(Sponsored by Commissioner Kristen Rosen Gonzalez)
Underline denotes additions
Strike through denotes deletions
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
2)-e s «
3
City Attorney Date
Ordinances -R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J.Dopico
DATE:
TITLE:
November 20,2024 9:40 a.m.Second Reading Public Hearing
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 2,ENTITLED
"ADMINISTRATION,"ARTICLE II,ENTITLED "CITY COMMISSION,"AT SECTION
2-16,ENTITLED "COMMISSION COMMITTEE DRAFT MINUTES-CITY
COMMISSION APPROVAL,"TO CLARIFY THAT CITY COMMISSION
COMMITTEES MAY REQUEST INFORMATION OR ADMINISTRATIVE SUPPORT
FROM THE CITY ADMINISTRATION,WITHIN THE SCOPE OF THE COMMITTEE
REFERRAL,SUBJECT TO THE PROVISIONS OF THIS ORDINANCE;AND
PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN
EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
At the request of Commissioner Kristen Rosen Gonzalez,the attached Ordinance has been
placed on the City Commission meeting agenda for Second Reading.
Pursuant to Resolution No.94-21382 (as amended and re-stated by Resolution No.2024-32990),
the City Commission has created three Commission Committees:the Land Use and Sustainability
Committee,the Finance and Economic Resiliency Committee,and the Public Safety and
Neighborhood Quality of Life Committee.The purpose of the Commission Committees is to
carefully study policy issues,examine facts,and advise the Mayor and City Commission of their
findings and recommendations.The Commission Committees are staffed by the City
Administration,and legal counsel is provided by the City Attorney's Office.
The role of the Commission Committees is advisory,and any final or binding action of the City
Commission (including,without limitation,adoption of legislation,approval of a contract,or
appointment of a Charter officer)may only be taken by the City Commission,as the City's
governing body,at a regular or special meeting.However,the Commission Committees are
allocated sufficient resources to perform their work and develop their recommendations.
The attached Ordinance amends Chapter 2 of the City Code,"Administration,"at Article II,"City
Commission,"to clarify that Commission Committees may,on a majority vote,request that the
City Administration provide information or perform studies,investigations,or analysis,as long as
(1)the request is within the scope of the Committee referral and (2)the request can be performed
with existing budgeted resources.If the request involves a purchase of services,such purchase
shall be subject to the prior approval of the City Commission even if the purchase would otherwise
Page 699 of 1993
be within the City Manager's purchasing authority.The version of the ordinance proposed for
second reading was amended to reflect direction provided by the Mayor and City Commission at
its September 11,2024 meeting.Specifically,the revision eliminated the ability of a Commission
Committee to direct the Administration to purchase services if the purchase was within the City
Manager's purchasing authority,which was included in the draft presented at first reading.The
revised draft ordinance provides instead that if a request by a Commission Committee to provide
information or perform studies,investigations,or analysis shall require the purchase of services,
such purchase shall be subject to the prior approval of the City Commission even if the purchase
would otherwise be within the city manager's purchasing authority.
FISCAL IMPACT STATEMENT
NIA
Does this Ordinance require a Business Impact Estimate?Yes
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:10/11/2024
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is_this a"Residents Right to Know"item,
pursuant to City Code Section 2-172
No
Is this item related to a G.O.Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec._2.481,
includes a principal engaged in lobbying?No
If so,specify the name of lobbyist(s)and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Kristen Rosen Gonzalez
Co-sponsor(s)
Page 700 of 1993
Condensed Title
9:40 a.m.2nd Rdg,Ch.2,Admin.Support to Commission Committees.(Rosen Gonzalez)CA
Page 701 of 1993