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File Ref. #153 CITY OF MIAMI BEACH Miami Beach Cultural Arts Council Interoffice Memorandum J . ~/i1f t~ fi('I~/~3 -h /J~ If~'1 m To: Bob Parcher City Clerk Date: July 14, 1999 From: Cra~g Carpent,r~ /~I J' ~ AssIstant uP1'l/1AP"'- Subject: Miami Beach Cultural Arts Council Bylaws Attached is a copy of the Miami Beach Cultural Arts Council bylaws. Recently, we discovered that these documents were not on file in your office. The bylaws were adopted at the full meeting of the Council on October 9, 1997. Thank you. f'-\ \.._, \,..\) attachments: Miami Beach Cultural Arts Council bylaws Council meeting minutes, October 9, 1997 .-...^.. __ t"") ." \',\ s;. '.,"'" .C- - ~p ~ u) 0 o s:. ~ ~ 'C> (<' r ~:A ~lt.... ~ )v- ~~~ r~~. . ~~) h '2- 2. I (ttqct \'V City of Miami Beach Cultural Arts Council Bylaws ARTICLE I AUTHORITY AND SCOPE Section I Authority City ofMiarni Beach Cultural Arts Council (the "Council") is a part of the government of Miami Beach, Florida, having been established by Miami Beach Ordinance No. 97-3075 adopted by the City Commission on March 5, 1997 (the "Ordinance"). The Ordinance established the purposes of the Council and qualifications for membership; it sets forth certain powers of the Council and provides for funding and various other matters. These Bylaws are adopted pursuant to the authorization contained in Section 4, Paragraph G of the Ordinance which authorizes the Council to adopt rules and formulate and establish guidelines to conduct business. Section 2 Scope These Bylaws are intended to supplement the matters covered by the Ordinance and not to supersede or modify any provisions of the Ordinance. In the event of any conflict between anything contained in the Bylaws and anything contained in the Ordinance or any other applicable ordinance or law, the latter shall govern. ARTICLE II ~ETINGS OF THE COUNCIL Section 1 Public Meetings All meetings and business of the Council shall comply with all of the requirements of Florida Statute 286.011 and any amendments thereto. Section 2 Regular Meetings Regular meetings of the Council may be held at such time, not less frequently than monthly except during the month of August, and at such place within the City of Miami Beach, as shall be from time to time detennined by the Council. Section 3 Special Meetings Other meetings of the Council may be held upon notice by letter, facsimile or in person, delivered for mailing transmission or in person as the case may be, not later than during the fifth day immediately preceding such meeting, upon the call of the Chairperson or any five Council members to be in concurrence with the advance notice requirements of the City. Section 4 Notices and Waivers of Notice Notice of any meeting of the Council may be waived in writing signed by the members entitled to such notice, whether before or after the time of such meeting. Attendance of a member at such meeting shall constitute waiver of notice thereof The purpose or purposes of such meeting shall be specified in the notice or waiver of notice of such meeting. Section 5 Agenda The Agenda for all regular meetings of the Council shall be determined by the Chairperson in consultation with the staff and with regard to the recommendations of the members. Section 6 Voting Each member shall be entitled to one vote, if present, on each matter coming before a meeting of the Council. No member may vote by proxy. Section 7 Conduct of the Meetings All meetings shall be open to the public but participation in discussion by members of the public shall be at the sole discretion of the Chairperson of the meeting. In the conduct of all meetings, the agenda shall be followed to the extent practicable, but the matters considered and the procedure to be followed shall be within the sole discretion of the Chairperson, subject to any requirements of applicable City Ordinance or other laws. Section 8 Public Requests Any Dade County resident or organization concerned with the arts may request consideration for a hearing before the Council. Such request shall be made in writing and shall be delivered to the Council office at least 15 days prior to a regular monthly meeting, with a copy of the request mailed to the Chairperson. The request shall include all relevant facts concerning the subject of the request, including, if possible, the solution the requesting party believes the Council should consider. Scheduling of any such request for consideration by the Council shall be at the discretion of the Chairperson. ARTICLE ill VACANCIES Section 1 Appointment In the event of any vacancy, the Council shall submit to the City Commission three names of candidates for each such vacancy. Section 2 Resignation Any member may resign at any time by delivering written notice of such resignation to the Chairperson of the Council. ARTICLE IV OFFICERS Section 1 Number The officers of the Council shall be a Chairperson and Vice Chairperson and other such officers as may be determined from time to time by the Council to be necessary or desirable for the efficient administration of Council business. Section 2 Duties (a) The Chairperson of the Council shall be the Chief Executive Officer of the Council, and shall preside at all full Council meetings. The Chairperson shall appoint members to serve on the various standing and special committees of the Council, and shall be an ex-officio member of all committees. (b) The Vice Chairperson shall act in the absence of the Chairperson in the conduct of meetings or otherwise and shall perform such duties as may be delegated to him or her by the Chairperson from time to time. Section 4 Term of Office Each Officer shall be elected for a one (1) year term, and may be re-elected for an additional two (1) year terms. ARTICLE V CONFLICT OF INTEREST Section 1 Policy Council members and employees should not be disqualified from participation in cultural organizations or projects endorsed or supported by the Council except as otherwise provided herein. Section 2 Practice 1. Neither Council members nor employees should submit applications or proposals involving Council support or endorsement on behalf of themselves or cultural organizations or projects (other than a state arts agency) with which they are affiliated. All negotiations and presentations favoring such applications or proposals should be undertaken by persons who are not Council members or employees and their immediate family members. 2. Council members or members of the immediate families may take part in cultural activities supported or endorsed by the Council, but should not receive any remuneration out of Council funds for their services in connection with such activities, unless the Council specifically votes to authorize such remuneration. 3. The considerations and procedures set forth in paragraphs 1 and 2 should also be applicable to fonner Council members and employees for one year following tennination of their appointment or employment. 4. If Council members or members of their immediate families are participants in any way in a Council supported activity or project, the request to the Council for support should clearly indicate the nature and extent of that participation. 5. A new Council member shall file with the Council, upon appointment of his or her first year, and regularly each subsequent year, a statement identifying his/her current association with any cultural organization in Dade County. The statement of a new member shall identify that member's associations for the preceding three years as well. The statement should include information as to whether a member is (i) officer, Director or Board member(ii) contributor, guarantor, patron, donor, or other provider of economic advantage (in amounts of$l,OOO or more per organization) to an organization, and/or (iii) subscriber or member of an organization. Members in categories (i) shall be deemed an 'affiliate' of such cultural organizations. An 'affiliate', prior to discussion on a matter affecting any cultural organization listed in that member's statement of interest, shall declare such interest publicly. Any 'affiliation' acquired since the filing of the member's latest statement also shall be declared. A member should abstain from voting on a matter affecting any cultural organization of which that member is an 'affiliate'. ' 6. Council members or employees should not solicit nor receive, directly or indirectly, anything of economic value (a gift, gratuity, or favor) from any person or organization if Council members or employees have reason to believe that such gifts, gratuities or favors are related to Council membership or employment. Artistic functions and related matters are specifically exempt from the provision of this paragraph 6. 7. No person shall be qualified to sit as a member of the Council ifhe or she is an employee of the City of Miami Beach. ARTICLE VI COMMITTEES Section 1 Standing Committee The following shall constitute the standing committee of the Council. Members and chairpersons of any other committees shall be appointed as needed by the Chairperson, subject to the approval of the Council. a. Nominating Committee The Chairperson shall appoint from the Council a Nominating Committee of no less than three (3) members. The duties of this committee shall be to comply with the applicable requirements of Miami Beach Ordinance No. 97-3075 and any amendments thereto. Such committee shall review and report to the Council on all applicants for the Council. Such report shall be made at the meeting of the Council at which the Council votes its recommendations for replacement of Council Members to the City Commission. Said committee shall also report to the Council its annual recommendations for officers of the Council. Such report shall be in writing and shall be submitted 15 days before the first meeting of the Council in November, or upon a vacancy, each year. Other candidates whose consent has been obtained may be nominated from the floor. Election of officers shall be made at said meeting. Section 2 Special Committees Special Committees dealing with specific subject matter may be constituted by the Chairperson from time to time. Members of the public other than Council members may be asked to serve in an advisory capacity to such committees at the discretion of the Chairperson, subject to the approval of the Council. ARTICLE VII MISCELLANEOUS Section 1 Fiscal Year The fiscal year of the Council shall be the same as the City of Miami Beach for all purposes. Section 2 Amendments The Council shall have the power to alter, amend, or appeal the Bylaws or to adopt news Bylaws upon a majority vote of the members. ii J CUL TURAL ARTS COUNCIL OCTOBER 9. 1997 MONTIIL Y MEETING . MIAMI CITY BALLET - 8:00 am I. App."oval of Minutes II. Presentation by Miami City Ballet - Barbara Singer & Richard Lane III. Governance Committee Amended bylaws were approved and will be issued to the Council and City Clerk. IV. Planning Committee Michael Spring' presented a draft agenda for the board workshop to take place on Saturday, October 25 from 9 AM ,;. 12 Noon, executive board room of the Convention Center. The facilitator, secured by Laura Bruney, is charging the Council a reduced fee of $250 to run the workshop. This will be the first phase of the master planning. The Chairman & staff will meet with the facilitator prior to the workshop. V. Finance Committee The Resolution approving and authorizing the funding source for the City of Miami Beach Cultural Arts Council wiD be on consent agenda at the October 21, 1997 Commission meeting. The $10 million funding source will be maintained by the City's Finance Department in a separate account. A second resolution will be brought to the Mayor & City Commission specifically delineating the Council's proposed investment poHcy, and particularly delineating the split between expenditures and endowments for their consideration at a future date. The Finance Committee will meet with the City's Finance Director and the Investment Director from FlU on October 15, 1997 in the City Attorney's conference room. VI. '. Public Affairs Committee If. Ronnie Singer will look into news clippings for the Council. The Committee recommends adopting a Commissioner after the elections to discuss Council initiatives. James Quinlan will cul.itact John Casabara from the Dade Cultural Alliance and distribute the results of the Alliance's questionnaire given to candidates running for city comnlission. VII. Next Cultural Arts Council monthly meeting scheduled for Thursday, November 13, place to be determined. ; Members present: I. Stanley Levine Roland Kohen Craig Robins Steve Sauls Betty Capote Raquel VaDejo Dennis Scholl Staff present: Michele Burger James Quinlan Ronnie Singer Michael Spring Absent: Diane Heller Pauline Winick To: Miami Beach Cultural Arts Council members b 6-:~\ elUtk \-,U ~ ~ IS-~' ~l 1<: Ilt/etG) --------- . c'- " () - /0 11'=tY C/L(,&~ Ih;rv/l<"'C:.JI- # I~e ~) I ~I I. Stanley Levine, Chair Pauline Winick, Vice-Chair Alvaro Fernandez Diane Star Heller Roland Kohen Clark Reynolds Steve Sauls Raquel Vallejo Nancy Wolcott From: David / Craig Date: July 27, 1999 Attached is a copy of the bylaws amended at the Monthly Council Meeting on July 22, 1999. Please substitute this page in your copy of the bylaws. The amended bylaws are on file with the City Clerk. Thank you. C:l\'{y Clefk ~ (" ( ,.~ I 1 (1"' ..~';,'D c: -.r: -rj' ""'1 S> - C) (::) r-r, -l:"" ro.,,) ''-.1 {On - '" rr; CJ '.' I ::? F C I ~ tJ~ncil members or employees should not solicit nor receive, directly or 99 njinaile~, gp.rming of economic value (a gift, gratuity, or favor) from any person or Qr,ganization if touncil members or employees have reason to believe that such gifts, 'gratliki~sQ1tff~6rs are related to Council membership or employment. Artistic functions and related matters are specifically exempt from the provision of this paragraph 6. 7. No person shall be qualified to sit as a member of the Council if he or she is an employee of the City of Miami Beach. ARTICLE VI Co.MMITTEES Section 1 Standing Committee The following shall constitute the standing committee of the Council. Members and chairpersons of any other committees shall be appointed by the Chairperson, subject to the approval of the Council. a. Nominating Committee The Chairperson shall appoint from the Council a Nominating Committee of no less than three (3) members. The duties of this committee shall be to comply with the applicable requirements of Miami Beach Ordinance No. 97-3075 and any amendments thereto. Such committee shall review and report to the Council on all applicants for the Council. Such report shall be made at the meeting of the Council at which the Council votes its recommendations for replacement of Council Members to the City Commission. Said committee shall also report to the Council its annual recommendations for officers of the Council. Such report shall be in writing and shall be submitted 15 days before the first meeting of the Council in NO'/ember September, or upon a vacancy, each year. Other candidates whose consent has been obtained may be nominated from the floor. Election of officers shall be made at said meeting. Section 2 Special Committees Special Committees dealing with specific subject matter may be constituted by the Chairperson from time to time. Members of the public other than Council members may be asked to serve in an advisory capacity to such committees at the discretion of the Chairperson, subject to the approval of the Council. Amended by the Council on July 22, 1999.