MB UNITED PROPOSED CHARTER AMENDMENT dffM**
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Strengthening Resident Rights
Proposed charter amendment for the Miami Beach Citizens' Bill of Rights
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Proposed new language indicated by underscore.
(A) 2. Truth in government. All residents shall have the right to expect and receive prompt, courteous,
informed responses to all questions regarding city business, including timely access to requested
documents. No municipal official or employee shall knowingly furnish false information on any public matter, nor knowingly omit
significant facts when giving requested information to members of the public.
(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. For matters
affecting a substantial number of neighborhood residents, a reasonable and convenient time certain
should be provided and reasonably adhered to or continued to a subsequent time certain. 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, or related non-public meetings with city staff and
individual commissioners, board, or committee members. 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 hearinq
(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
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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
resident associations proximate to 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.
17. Neighborhood resident association rights. Every orqanized, 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 em to ees 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 proximate
to any part of the neighborhood;
• Advance courtesy notification even when fo mal notice is not required, on matters having
potential direct impact within or adjacent to any part of the neighborhood, including public
works or utility projects, proposed land use or legislative actions or similar matters where
specific notice to affected neighborhood associations can effectively supplement general public
notices.
• Advance courtesy invitation to participate in the planning and design of new or amended
ordinances directly affecting any part of the nei jhborhood, or publicly funded projects within or
adjacent to any part of the neighborhood, including review of detailed plans prior to
implementation.
A 18. Right of fair enforcement. All residents have the right to expect and receive active fair, and
efficient enforcement of all city laws and regulations by city officials employees, and agencies.
Decisions to enforce or not to enforce shall be im arti I objective and subject to public record review.
(A) a$ 19. Ethics in Government. The public's confidence a trust in City of Miami Beach operations and government must
meet the most demanding ethical standards and demonstrate the high st level of achievement in its adherence to ethics laws. City of
Miami Beach officials and employees are agents of the people and hol their positions for the benefit of the public—as public servants,
they are to observe in their official acts a high standard of conduct a d 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 and employees and board or committee members shall abide by applicable codes of ethical
conduct, shall be provided this Citizens Hill of Rights in the official agenda for all public meetings, and
shall sign to indicate compliance upon election, employment, or appointment and 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-iudicial means by submitting the allegation in writing to the City Clerk, who may
seek to resolve the matter administratively within a reasonable period of time and shall place
unresolved violations on the City Commission agenda for public hearing, with further resident right of
judicial appeal or the option of mediation and binding arbitration in lieu of court. 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.