2013-28125 Resolution RESOLUTION NO., 2013-28125
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ESTABLISHING, PURSUANT TO CITY
CHARTER SECTION 2.04, PROCEDURES FOR
CALLING SPECIAL MEETINGS OF THE CITY
COMMISSION BY A MAJORITY OF THE MEMBERS OF
THE CITY COMMISSION.
WHEREAS, Section 2.04 of the Miami Beach Charter provides that the "Mayor or the
City Manager may call special meetings of the Commission upon at least twenty-four (24) hours
written notice to each member, served personally, or left at his [/her] usual place of abode"; and
WHEREAS, in a Special Election held on August 14, 2012, the following ballot question
was approved by the electorate of the City of Miami Beach, which provides for an additional
method of calling a special meeting of the City Commission by a majority of the members of the
Commission:
Shall Section 2.04 of the Miami Beach Charter be
amended to provide that, in addition to being called by the
Mayor or City Manager, special meetings of the City
Commission may be called by a majority of the members
of the Commission upon written notice to the City Clerk
and in accordance with the procedures set forth in a
resolution of the City Commission; and
WHEREAS, pursuant to City of Miami Beach Resolution No. 2012-28004, which was
passed and adopted by the Miami Beach City Commission on September 12, 2012, the Miami
Beach City Commission adopted the Miami-Dade County Canvassing Board's Certification of
the Official Results of the August 14, 2012 Special Election for the above-stated City of Miami
Beach ballot question and declared the results thereof; and
WHEREAS, Section 2.04 of the Miami Beach Charter has now been amended to include
the following language:
...In addition, special meetings of the City Commission
may be called by a majority of the members of the
Commission upon written notice to the City Clerk and in
accordance with the procedures set forth in a resolution of
the City Commission"; and
WHEREAS, the following procedures for calling a special meeting by a majority of the
members of the Miami Beach City Commission are hereby adopted in accordance with the
above-stated Charter Amendment approved by the electorate in the August 14, 2012 City of
Miami Beach Special Election:
Procedures for the Callinq of Special Meetings of the City Commission
by a Majority of the Members of the Commission.
Pursuant to Section 2.04 of the City Charter
A special meeting of the City Commission may be called by a majority of
the members of the Commission. A special meeting shall be called whenever
four or more members of the City Commission individually serve a written signed
request for a special meeting upon the City Clerk by hand-delivery. The written
request shall state the purpose(s) of the Special Meeting. The signature of the
Mayor or of a Commissioner on each such request shall constitute a
representation that the member of the City Commission intends to attend the
Special Meeting.
Upon receipt of the initial signed written request for a Special Meeting
from a member of the City Commission, the City Clerk shall immediately send
notice thereof to the entire City Commission, as well as to the City Manager and
the City Attorney. After receipt of a total of four or more written requests for a
special meeting, the City Clerk shall schedule the Special Meeting and shall
serve verbal and written notice (by hand-delivery or email) upon each member of
the City Commission, the City Manager and the City Attorney, stating the date,
* hour, and place of the Special Meeting, and the purpose(s) for which such
Special Meeting is called. The City Clerk shall use his or her best efforts to
ensure that all, or as close as possible to all, of the members of the City
Commission are available to attend the Special Meeting. The City Clerk shall
further provide the public with Notice of the Special Meeting by publishing of the
Special Meeting Notice on the City of Miami Beach's website, and shall also
provide newspaper publication notice of the Special Meeting when there are at
least seven (7) business days from the Clerk's scheduling of the Special Meeting
to the date of the Special Meeting. At least 24 hours must elapse between the
time the City Clerk receives four signed written requests for the Special Meeting
and the time the Special Meeting is to be held. The City Commission chambers
shall be made available for a special meeting whenever such a meeting is called.
No business other than the purpose(s) stated in the Clerk's Notice of Special
Meeting shall be transacted at the Special Meeting. If after reasonable diligence,
it is impossible to give notice to each Commissioner, such failure shall not affect
the legality of the Special Meeting if a quorum is present. The minutes of each
special meeting shall show the manner and method by which notice of such
special meeting was given to each member of the Commission.
A special meeting of the City Commission called pursuant to this
Resolution may be cancelled as follows:
(1) By motion adopted at a regular Commission meeting by a
majority of the City Commission members present; or
(2) By service upon the City Clerk of signed, written requests for
cancellation of the special meeting from at least four members
of the City Commission.
When a special meeting pursuant to this Resolution is cancelled, the City Clerk
shall provide notice of said cancellation to each member of the City Commission,
the City Manager, the City Attorney, and shall further provide the public with
cancellation notice of the Special Meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
adopt the procedures for the calling of special meetings by a majority of the members of the City
Commission as set forth herein.
PASSED AND ADOPTED this Akay of January, 2013.
ATTEST:
Mat • errera B wer
Mayor
Raf el Granado ,,ee ••��
City Clerk
r
:INCORP ORATED:
t � APPROVED AS TO
FORM &LANGUAGE
•C� FOR E"ECUTION
J o ey 'D de
FAATTO\TURN\RESOS\Special Commission Meetings 2012 NACA final version.docx
MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
INTERIM CITY MANAGER KATH BROOKS
FROM: JOSE SMITH
CITY ATTORN
DATE: JANUARY 16, 2013
SUBJECT: A RESOLUTION ESTABLISHING PROCEDURES FOR CALLING SPECIAL
MEETINGS OF THE CITY COMMISSION. BY A MAJORITY OF THE
MEMBERS OF THE CITY COMMISSION PURSUANT TO SECTION 2.04 OF
THE MIAMI BEACH CHARTER.
In the Special Election held on August 14, 2012, a ballot question was approved
by the electorate of the City of Miami Beach which amended Section 2.04 of City of
Miami Beach Charter to provide for an additional method of calling a special meeting of
the City Commission by a majority of the members of the City Commission.
At the City Commission meeting on October 24, 2012, the Resolution attached
as Mayor Matti Herrera Bower's version was referred to the Neighborhoods/Community
Affairs Committee. Pursuant to its meeting of December 17, 2012, the Neighborhood/
Community Affairs Committee. recommended that language requiring special meetings
be called only for emergency matters be omitted from the Resolution. Therefore, a
second version of the Resolution is submitted reflecting the proposed language of the
Neighborhood/Community Affairs Committee.
Both proposed Resolutions are submitted for consideration by the Mayor and
City Commission.
JS/DT/mem
F:\ATTO\TURN\COMMMEMO\Commission memo establishing procedures for calling special meetings of the city commission.doc
Agenda Item Pr
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