82-17133 RESOLUTION NO. 82-17133
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AUTHORIZING MAYOR
NORMAN CIMENT TO INITIATE A CIVIL ACTION ON
BEHALF OF THE CITY TO ESTABLISH THAT SECTION
286 .011 DOES NOT PROHIBIT THE MAYOR OR AN INDI-
VIDUAL COMMISSIONER FROM CONDUCTING CONFIDEN-
TIAL NEGOTIATIONS WITH PERSONS SEEKING TO DO
BUSINESS WITH THE CITY OF MIAMI BEACH.
WHEREAS, the Mayor and individual Commissioners have, on
occasion, committed themselves to securing advantageous contracts
for the City with proposed developers of public properties, such as
the Reynolds' Civic Center construction project and the Rouse
Corporation' s Redevelopment Plan, and;
WHEREAS, to protect the public' s rights and interests in
such contracts the Mayor and individual Commissioners have
contributed substantial personal negotiating and financial
abilities in demanding modifications to proposed construction
contracts, and;
WHEREAS, most recently the Mayor has achieved substantial
benefits for the City and its citizens by meeting in private with
the Rouse Corporation and, without the distracting influence of the
media, taken firm negotiating positions with this major developer ,
and;
WHEREAS, the Mayor has taken this role as an independent
elected official, acting in the capacity of a de facto negotiator
for the City Administration, and has not purported to bind the City
Commission to his negotiating position, nor has he exercised de jure
or de facto authority to make binding commitments on behalf of the
City of Miami Beach or its Commission, and;
WHEREAS , the City Commission recognizes that such negotia-
tions cannot be conducted effectively or in a timely manner in the
presence of and with advance notice to members of the press or the
public, and;
WHEREAS, the Miami Herald has strenuously challenged these
meetings, contending that they violate the State Sunshine Law, and
has requested the State Attorney and the Attorney General to inves-
tigate the Mayor because of such meetings;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH FLORIDA that the Mayor is hereby authorized
to initiate a civil action on behalf of the City, for declaratory
judgment or other relief, against the Miami Herald and such other
parties as the City Attorney recommends be joined thereto, to esta-
blish the right of the Mayor and individual Commissioners to meet
individually and privately with prospective developers to demand or
discuss modifications of proposed contracts with the City and to
secure and protect the interest of the City, so long as they do not
serve, nor purport to serve, as legal agents for other Commissioners
and do not take any action which is legally binding on the City or
its Commission.
PASSED and ADOPTED this 29th day of September ,
1982.
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MAYOR
ATTEST: L
CITY CLERK
APPROVED
TMP:ab09282cL a r -•
By +---
Date
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139