LTC 400-2017 Agenda Item R9AF July 26, 2017 Motion to Reconsider Ordinance 2017-4110MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
LETTER TO COMMISSION
L TC # 400-2017
TO: Mayor Philip Levine and Members of the City Commission
FROM: Raul J. Aguila, City Attorney Z., e.., / @gv.' (-
DATE: August 7, 2017
SUBJECT: Agenda Item R9AF from July 26, 2017 City Commission Meeting.
(Commissioner Kristen Rosen Gonzalez's Motion to Reconsider CMB
Ordinance No. 2017-4110.)
Following individual inquiry from some members of the City Commission
regarding the outcome of the above referenced Agenda Item, I reviewed the
video of the July 26, 2017 City Commission meeting.
Agenda Item R9AF entitled "Discussion Regarding the Reconsideration of
Ordinance No. 2017-4110 (Item R5 I on the June 28, 2017 Commission Agenda),
Which Prohibits Campaign Consultants and Certain Affiliated Persons or Entities
from Lobbying the City Commission for 12 Months Subsequent to Swearing in of
Subject Elected Official(s)," was heard as the last item of the July 26, 2017
Commission Meeting, at approximately 8:21 pm. Mayor Levine and Vice Mayor
Arriola were absent.
During discussion on the Motion to Reconsider, I raised a concern as to
whether the Motion was proper (i.e. whether it was in order). In previous City
Commission meetings, the Mayor has called upon the City Attorney to act as the
parliamentarian for the City Commission on questions of order or inquiries
pertaining to Robert's Rules of Order. However, in accordance with Robert's
Rules, the parliamentarian's role is purely advisory and may be followed or
disregarded by the body, at its discretion.
Accordingly, notwithstanding my stated concerns on the record (which, as
noted in the preceding paragraph, can only be viewed in an advisory context), I
must now note for the record that the Motion to Reconsider was properly brought
before the City Commission (i.e. the Motion was made by Commissioner Rosen
Gonzalez, who previously voted on the prevailing side); seconded (by
Commissioner Grieco); and adopted (by a 3-2 majority vote); all in accordance
with the dictates of applicable parliamentary laws.
The Motion effectively cancelled the City Commission's June 28, 2017
vote approving, on second reading, Ordinance No. 2017-4110. Therefore,
reconsideration of the subject Ordinance ---that is, a new second
reading/public hearing ---will be scheduled for the City Commission's next
regularly-scheduled meeting on September 13, 2017.
RJA/mmm