2015-28961 Reso RESOLUTION NO. 2015-28961
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
RESOLUTION NO. 91-20421 TO ESTABLISH A POLICY
THAT ITEMS PUBLISHED IN CITY COMMISSION MEETING
AGENDAS INCLUDE SUFFICIENT DETAIL AND
INFORMATION FOR THE CITY COMMISSION AND THE
PUBLIC TO EVALUATE THE ITEMS IN A REASONABLE
AND TIMELY MANNER AND CLARIFYING THE POLICY SET
FORTH IN RESOLUTION NO. 91-20421 REGARDING THE
SUBMISSION SCHEDULE FOR AGENDA ITEMS
CONSIDERED AT CITY COMMISSION MEETINGS.
WHEREAS, in order to enable the City Commission to fully review, evaluate and respond to
matters requiring Commission action, it is vital that all such items be contained in Commission
agendas submitted to the Mayor and City Commissioners according to a submission schedule;and
WHEREAS,for purposes of establishing uniformity in the submission of Commission agenda
items and in the compilation of said agendas,the City Commission passed and adopted Resolution
No. 91-20421 on December 18, 1991 which established a policy regarding the submission schedule
for items submitted for City Commission consideration at City Commission meetings; and
WHEREAS, pursuant to Resolution No. 91-20421,the City Commission established a policy
that "... items for Commission consideration shall be published in an agenda and submitted to the
Mayor and City Commissioners on or before the Fridays preceding regularly scheduled City
Commission meetings, and in those instances when a meeting is specially set, submission shall be
at least three working days prior to said meetings, with the further requirement that any item not
meeting this submission schedule shall be discussed at a City Commission meeting only upon a
finding by the Commission by a five-sevenths affirmative vote that such item constitutes an
`emergency matter' and should be considered immediately"; an emergency matter was further
"defined as a matter which, if delayed to a subsequent meeting, may be prejudicial or detrimental to
the best interests of the City of Miami Beach"; and
WHEREAS,the City Commission wishes to amend the policy established in Resolution No.
91-20421 to provide that items published in City Commission meeting agendas shall include
sufficient detail and information for the City Commission and the public to evaluate the items in a
reasonable and timely manner in order to provide greater transparency, efficiency, and meaningful
participation by the members of the City Commission and the public; and
WHEREAS, due to the current practice of printing the City Commission meeting agendas on
Wednesdays instead of Fridays,the following clarification should also be made to the policy set forth
in Resolution No. 91-20421, in addition to the aforestated amendment, as follows:
... items for Commission consideration shall be published in an agenda.,
shall include sufficient detail and information for the City Commission and
the public to evaluate the items in a reasonable and timely manner, and
be submitted to the Mayor and City Commissioners on or before the
Fridays preceding initial print day of the agenda, which shall be no later
than the Friday preceding a regularly scheduled City Commission
meetings meeting, and in those instances when a meeting is specially set,
submission shall be at least three working days prior to said meetings
meeting, with the further requirement that any item not meeting this
submission schedule shall be discussed at a City Commission meeting
only upon a finding by the Commission by a five-sevenths affirmative vote
that such item constitutes an "emergency matter" and should be
considered immediately ... .
NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby amend
Resolution No. 91-20421 to establish a policy that items published in City Commission meeting
agendas shall include sufficient detail and information for the City Commission and the public to
evaluate the items in a reasonable and timely manner, and hereby further clarifies the policy
regarding the submission schedule for agenda items considered at City Commission meetings as
set forth herein.
PASSED and ADOPTED this /1 day of March, 2015.
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ATTEST: i',
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Philip Levin= ,'..yor
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OFFICE OF THE CITY ATTORNEY
RAULJ. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO: Mayor Philip Levine
Members of the City Commission
City Manager Jimmy Morales
FROM: City Attorney Raul J. Aguila ^ •�--
DATE: March 11, 2015
SUBJECT: Amend Commission Meeting Agenda Items Policy And
Commission Committee Agenda Item Requirements.
1. A Resolution amending Resolution No. 91-20421 to establish a policy that
items published in City Commission meeting agendas include sufficient
detail and information for the City Commission and the public to evaluate
the items in a reasonable and timely manner and clarifying the policy set
forth in Resolution No. 91-20421 regarding the submission schedule for
agenda items considered at City Commission meetings.
2. A Resolution amending Resolution No. 94-21382 concerning Commission
Committees, and as subsequently amended by Resolution Nos. 97-22607,
98-22693, 2003-25446, 2013-28437, and 2015-28905, by creating a new
paragraph 5 to establish a requirement that items published in
Commission Committee agendas shall include sufficient detail and
information for the Committee and the public to evaluate the items in a
reasonable and timely manner.
Pursuant to the request of Commissioner Micky Steinberg, the attached
companion Resolutions are submitted for consideration by the Mayor and City
Commission. The proposed Resolutions will provide greater transparency, efficiency,
and meaningful participation by the members of the City Commission and the public
with regard to City Commission and Commission Committee meetings.
Resolution 1 amends the City Commission meeting agenda policy established in
Resolution No. 91-20421 with regard to the submission schedule for City Commission
meeting.agenda items. This Resolution will amend the policy to require that sufficient
detail and information be provided in published City Commission agenda items so that
Agenda Item
Date 3-11-1
the City Commission and the public may evaluate the items in a reasonable and timely
manner. The Resolution will also clarify the policy with regard to the printing of City
Commission meeting agendas to conform to the current practice whereby agendas are
printed on Wednesdays instead of Fridays. Under the amended policy, the initial print
day of the agenda shall be "no later than" the Friday preceding a regularly scheduled
City Commission meeting.
Resolution 2 amends Resolution No. 94-21382, as subsequently amended by
Resolution Nos. 97-22607, 98-22693, 2003-25446, 2013-28437, and 2015-28905, to
create a new paragraph 5 establishing a requirement that items published in
Commission Committee agendas shall include sufficient detail and information for the
Committee and the public to evaluate the items in a reasonable and timely manner.
F:WTTO\TURN\COMMMEMO\re City Comm Agenda Policy 2015&Comm Committee Agendas 2015.docx