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Email from Nancy Liebman MB United 4/24/2013 Granado, Rafael From: Nanlieb @aol.com Sent: Wednesday, April 24, 2013 8:28 AM To: Bower, Matti H.;Tobin, Ed;Wolfson, Jonah; Gongora, Michael; Libbin,Jerry;Weithorn, Deede; Exposito,Jorge; Monserrat, Marcia; Gomez, Jorge; Brooks, Kathie; Smith,Jose Cc: Granado, Rafael; nanlieb @aol.com; herb @herbsosa.com; herbfrank @gmail.com; tbienstock @tbienstock.com; mhammon @ramrealestate.com; marcus_a @bellsouth.net; henrylow @bellsouth.net; mdneedle @hotmail.com; rebeccaboycehome @gmail.com; SAUL @stream-line.com; sandy @skpassociates.com; daniel @urbanresource.com Subject: MIAMI BEACH UNITED PROPOSAL TO THE CHARTER REVIEW COMMITTEE Attachments: Proposed MBU amend ments-CommitteeDraftApri122withoutbackup.pdf Miami Beach United presents the attached proposal for consideration by the Charter Amendment Committee at its meeting on April 25. MBU will appreciate it if copies of this document were given to each member of the Charter Review Committee. Thank you, Nancy Liebman president Miami Beach United, inc. 1 y GTMIANMI EACH '= --:EV h 1 T E D Neighborhood Resident Association Bill of Rights Proposed charter amendment for the Miami Beach Citizens' Bill of Rights Shall Section A of the Miami Beach Charter, the Citizens'Bill of Rights, be amended by creating subsection (A)(17), entitled "Neighborhood Resident Association Bill of Rights,"to establish certain rights of notification and opportunities to participate in city planning and hearings for officially recognized neighborhood resident associations, as further elaborated in the City Code? 17. Neighborhood resident association bill of rights. Every organized, inclusive, and officially recognized association of residents for a defined neighborhood, as further elaborated in city code, has the right to expect and receive the following from city officials, employees and agencies: • All rights afforded to individual residents under the Citizens' Bill of Rights or any other city law; • The same rights as affected residents for a matter having potential impact within or adjacent to any part of the neighborhood; • Prompt, courteous, informed responses to all questions regarding citV business, including timely access to requested documents; • Advance notification of any city-related public works or utility project taking place within or adjacent to any part of the neighborhood; • Notification of the submission of any application for rezoning, zoning or land use variance, or other significant land use action within or adjacent to any part of the neighborhood, including notification of subsequent public meetings and other opportunities for public input; • Opportunity upon request that a reasonable time certain be provided in advance of public meetings for matters affecting a substantial number of neighborhood residents, to be heard within reasonable limits or continued to a subsequent time certain; • Opportunity to participate in the planning and design of publicly funded proiects within or adjacent to any part of the neighborhood, including notification of subsequent public meetings and review of detailed plans prior to implementation; • Opportunity to participate in the planning and design of new or amended ordinances directly affecting any part of the neighborhood, including notification of subsequent public meetings; • Opportunity upon request to present evidence at a public hearing before the City Commission regarding the lack of active, fair, and efficient enforcement of an existing provision of city law; • Opportunity for formal input into the annual budget process. For related model legislation,see City of Jacksonville Neighborhood Bill of Rights and St.Johns County Bill of Rights for Neighborhood Associations Committee Draft,April 22,2013 I IKMIAMIBEACH ImPh T E D� Strengthening Resident Rights Proposed charter amendment for the Miami Beach Citizens' Bill of Rights Shall Sections(A)5,6, 8, and 18 and Section(C)of the Miami Beach Charter, the Citizens'Bill of Rights, be amended to provide for additional government ethics, non judicial enforcement, and specific additional rights for all residents in connection with the right to be heard, the right to notice, and the right to public hearing? Proposed new language indicated by underscore. (A) 5. Right to be heard. So far as the orderly conduct of public business permits,any interested person has the right to appear before the City Commission or any City agency, board or department for the presentation, adjustment or determination of an issue, request or controversy within the jurisdiction of the City. Matters shall be scheduled for the convenience of the public, and the agenda shall be divided into approximate time periods so that the public may know approximately when a matter will be heard. Nothing herein shall prohibit the City or any agency thereof from imposing reasonable time limits for the presentation of a matter. All residents shall have the right to fundamental fairness and due process in connection with any city hearing, board or committee meeting, or public workshop, including equal opportunity to speak and to meet with city staff, commissioners, board, or committee members when such opportunity is provided to any party. Residents shall not be required to secure counsel to exercise these rights. (A) 6. Right to notice. Persons entitled to notice of a City hearing shall be timely informed as to the time,place and nature of the hearing and the legal authority pursuant to which the hearing is to be held. Failure by an individual to receive such notice shall not constitute mandatory grounds for canceling the hearing or rendering invalid any determination made at such hearing. Copies of proposed ordinances or resolutions shall be made available at a reasonable time prior to the hearing, unless the matter involves an emergency ordinance or resolution. Prior to any zoning or other quasi-Judicial hearing, applicants shall make available to the public copies of presentation documents at least 15 days prior to the hearing (including plans, diagrams, renderings, or models, or written legal briefs in an appeal from a prior city hearing). Material changes shall cause the subject to be rescheduled to comply with this requirement unless waived in writing by affected parties. (A) 8. Right to public hearing. Upon a timely request of any interested party a public hearing shall be held by any City agency, board, department or authority upon any significant policy decision to be issued by it which is not subject to subsequent administrative or legislative review and hearing. This provision shall not apply to the law department of the City nor to any body whose duties and responsibilities are solely advisory. At any zoning or other hearing in which review is exclusively by certiorari, a party or his counsel shall be entitled to present his case or defense by oral or documentary evidence,to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. The decision of any such agency, board, department or authority must be based upon the facts in the record. Procedural rules establishing reasonable time and other limitations may be promulgated and amended from time to time. In any zoning or other quasi-judicial hearing related to land use, affected parties and neighborhood associations within 300 feet of the subject property shall have adequate time to address and present evidence and to reasonably cross-examine witnesses, and shall not be required to secure counsel to exercise these rights. Committee Draft,April 22,2013 1 - :`MIAMIBEACH` ; . UlJlel.ITEDM (A) 18. Ethics in Government. The public's confidence and trust in City of Miami Beach operations and government must meet the most demanding ethical standards and demonstrate the highest level of achievement in its adherence to ethics laws.City of Miami Beach officials and employees are agents of the people and hold their positions for the benefit of the public—as public servants,they are to observe in their official acts a high standard of conduct and to discharge faithfully the duties of their office regardless of personal considerations and interests, recognizing that promoting the public interest and maintaining the respect of the people in their government must be of foremost concern. In upholding the values of accountability and responsibility, all city officials, board or committee members, and employees shall abide by applicable codes of ethical conduct, shall be provided this Citizens Bill of Rights and sign to indicate compliance on an annual basis, and be subject to all penalties provided for in such regulations. (C) Remedies for violations. Any resident alleging a violation of this Bill of Rights shall first pursue redress through non-judicial means, as further elaborated by city code, including the opportunity to submit alleged violations to the City Manager or designated staff in an effort to resolve them administratively, and the opportunity to submit unresolved violations to a board of residents appointed by the City Commission, with right of appeal to the City Commission. In any suit by a citizen alleging a violation of this Bill of Rights filed in the Dade County circuit Court pursuant to its general equity jurisdiction,the plaintiff, if successful,shall be entitled to recover costs as fixed by the court.Any public official or employee who is found by the court to have willfully violated this article shall forthwith forfeit his office or employment. Committee Draft,April 22,2013