LTC 333-2008 City Commission Board and Appointment Processm MIAMIBEACrJFhF ~Fo
OFFICE OF THE CITY MANAGER2~~8 ~~e 26 Ahf ~~ 33
NO. LTC # .3.~,j-~oo~ C(~Y" CL~ft~~'S ~~ ~ l~~_ LETTER TO COMMISSION
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 24, 2008
SUBJECT: City Commission Board and Appointment Process.
In preparation for the Special Commission Meeting called for January 14, 2009, the City
Clerk's office will be providing a listing of all Boards and Committees which require City
Commission Appointments.
In addition, a copy of a portion of the After-action for the January 23, 2008 Special
Commission Meeting is attached which, at the Commission Retreat held on January 1 1 and
12, the City Commission, requested nomination be send to the City Clerk who would compile
and send the list to the Commission via email.
If this will be helpful to the City Commission, the City Clerk's office will again provide this
service.
As always, feel free to contact me with any questions.
JMG/RR/Ib
F:\CLER\$ALL\LILLY\LTC 2008\CommissionRetreatBrdandCommitteeLTC.doc
City of Miami Beach -City Clerk's Office
Folio Version 261
January 23, 2008 Special Commission Meeting / R9 -New Business and
Commission Requests
R9 -New Business and Commission Requests
R9A Board And Committee Appointments.
(City Clerk's Office)
ACTION:
committee appointment process easier. i n
sent to the City Clerk, the Clerk would com
email. n 10 nomination emails were se
commission Folder.
Discussion held before appointment process began.
and
Vice-Mayor Libbin requested a legal opinion from the City Attorney regarding lobbying
prohibitions when accepting Board/Committee appointments.
Jose Smith, City Attorney, explained that each individual has different facts and each case
needs to be looked at individually, the general provisions are listed in Section 2-459 of the City
Code. He explained this Section of the City Code and gave several examples.
Jean Olin, Deputy City Attorney, further explained the lobbying definitions and prohibitions
applicable to the Section of the Code and explained the rational for the ordinance.
Discussion continued.
Commissioner Tobin requested language from Ms. Olin specific to the lobbying prohibition
definitions that impact board/committee members and/or their representatives in certain
instances. Legal Department to handle.
Commissioner Gross stated that his desire is to replace the entire Planning Board because he
felt the Planning Board did not follow the Commission's instruction specifically regarding the
Miami Heart issue. He added that he was given a legal opinion that the City Commission can
only remove board members by passing a Resolution and allowing the board members an
opportunity to explain their position.
Prepared by the City Clerk's Office
Date Printed: 12/24/2008 Time Printed: 9:19:42 AM
Source Database: C:\Data\folio4.2\Clerk261.nfo
ile a list and send the list to the Commission via
nt. A copy of the final list of nominees is filed in the
City of Miami Beach -City Clerk's Office
Folio Version 261
Jean Olin, Deputy City Attorney, explained that there is a State Statute on point regarding
removal of board members for cause and the grounds for removal for cause are, and this
applies to the Planning Board,: 1) malfeasance, 2) misfeasance, 3) neglect of duty, 4) habitual
drunkenness, and 5) commission of a felony. The requirements are that the governing body
must pass a resolution specifying the facts for removal, the resolution needs to be transmitted
to the board member, and the board member(s) must be given a reasonable opportunity, at a
public hearing, to present their case.
Commissioner Gross stated that his preference would be to appoint a new Planning Board, if
only to send a message to the residents that the Commission heard the message which was
sent via the election and to other board members, that the Commission expects the boards to
follow the instructions of the Commission. He added that at the Commission Retreat it was
discussed that perhaps the Commission needs to make a formal statement of what the
Commission expects of the board. He suggested referring this issue to the
Neighborhoods/Community Affairs Committee to work out a set of guidelines.
Jorge Gonzalez, City Manager, stated that boards/committees appointed by the City
Commission as a body, could give some philosophical or general guiding principles of the
priorities of the Commission to the board/committee. This should be worked through a
committee.
Discussion continued.
Commissioner Wolfson asked the Legal Department if the resolution passed by the City
Commission with the referral to the Planning Board regarding the Hospital District can be
interpreted as a lawful request and the Planning Board failed to follow the request.
Jean Olin, Deputy City Attorney, answered "yes", it can, and explained why aboard/committee
must vote on an item. She also explained that it appears that misfeasance or neglect to perform
their duty could be grounds for removal.
Discussion continued.
Jorge Gonzalez, City Manager, suggested that with regards to Commissioner Gross' referral,
there is currently a referral to the Land Use and Development Committee, Commissioner
Wolfson's referral, and this discussion could be added to that discussion. This was approved
by acclamation. Jorge Gomez to handle.
Prepared by the City Clerk's Office
Date Printed: 12/24/2008 Time Printed: 9:19:42 AM
Source Database: C:\Data\folio4.2\Clerk261.nfo