93-20826 Reso
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RESOLUTION NO.
93-20826
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF HIMI BEACH, FLORIDA AMENDING
RESOLUTION NO. 92-20616 CONCERNING THE
ADVISORY CHARTER REVIEW AND REVISION BOARD, BY
PROVIDING THAT SAID BOARD SHALL BE DISSOLVED
ON OR BEFORE NOVEMBER 1, 199., AND BY
PROVIDING THA~ EXPENSES OF SAID BOARD RELATED
TO INFORMING 'i1IB PUBLIC OF THE NEW PROPOSED
HIMI BEACH CITY CHARTER BE ASSUHBD BY THE
CITY OF HIMI BEACH.
WHEREAS, on February 19, 1992 the City Commission of the City
of Miami Beach, Florida adopted Resolution No. 92-20458,
establishing a new advisory Charter Review and Revision Board; and
WHEREAS, on April 8, 1992, City of Miami Beach Resolution No.
92-20483 was adopted, amending the above-mentioned Resolution No.
92-20458, by providing that at least two of the Board members shall
have expertise in business and finance and shall either reside in
or have their principal place of business in the City of Miami
Beach; and
WHEREAS, on October 8, 1992, city of Miami Beach Resolution
No. 92-20616 was adopted amending the above-mentioned Resolutions
by extending sunset date of Board from April 1, 1993 to November 1,
1993 and by providing for all Board expenses to be assumed by the
City of Miami Beach; and
WHEREAS, paragraphs "3" and "4" of Resolution No. 92-20616
establishing dissolution date of the Charter Review Board, and
establ ishing Board expenses to be assumed by the City of Miami
Beach are hereby amended to read as follows:
*
*
*
3. The members of this Board shall begin serving on
April 1, 1992. The Board shall submit its report to the
City commission on or before Nevemecr 1, 1993 November 1,
1994, after which the Board shall be dissolved.
4. Members of this Board shall serve without
. compensation.
The City Manager shall provide such
administrative staff and clerical personnel as may be
necessary to assist the Board in the proper performance
of its duties and functions. All expenses of the Board
(including the provision of expert presentations and all
expenses related to informina the public of the new
proposed Miami Beach citv Charter) shall be assumed by
the City of Miami Beach.
*
*
*
NOW, '1'JIEREFORE, BE 1'1' DULY RESOLVED BY TBB MAYOR AND CITY
COMMISSION OF THE CITY MIAMI BEACH, FLORIDA that paraqraphs "3" and
"4" of City of Miami Beach Resolution No. 92-20616 is hereby
amended as stated hereinabove to reflect that the dissolution of
the Charter Review and Revision Board shall be on or before
November 1, 1994 and to provide that expenses related to informinq
the public of the new proposed Miami Beach City Charter shall be
assumed by the City of Miami Beach. All other matters contained
within City Resolution Nos. 92-20458, 92-20483, and 92-20616 shall
remain in full force and effect.
PASSED and ADOPTED this 30th
, 1993.
ATTEST:
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\G~vL...._ ^ C. \(}yt~
CITY CLERK
(Requested by City of Miami Beach Charter Review and Revision
Board. )
JKO/ks
(a:\res ord\charter2.res)
rORM APPROVED
LEGAL DEPT.
By jC.i)
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Date
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OFFICE OF THE CITY ATTORNEY
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CITY ATTORNEV
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LAURENCE FEINGOLD
COMMISSION MBMORANDUH NO:
34g-93
po. BOX 0
MIAMI BEACH. FLORIDA 331 19-2032
TELEPHONE (305) 673-7470
TELECOPY 13051673-7002
TO:
FROM:
MAYOR SEYMOUR GELBER DATE: JUNE 30, 1993
MEMBERS OF THE C~TY CO SSION
LAURENCE FEINGOLD _ ~ _ /? I
CITY ATTORNEY. ~ ~
ROGER M. CARLTON /). .J IA ~
CITY MANAGER ~
SUBJECT: REPORT FROM THE CHARTER REVIn AND REVISION BOARD:
RECOMMENDING A PROPOSED NEW CITY CHARTER: RECOMMENDING A
RESOLUTION EXTENDING THE TERM OP THE BOARD, AND PUNDING
EXPENSES RELATED TO INFORMING THE PUBLIC OP THE PROPOSED
CHARTER; AND RECOMMENDING THAT THE CITY COMMISSION ADOPT
.A CODE OF ETHICS ORDINANCE POR THB CITY OF MIAMI BBACH
JOINT ADMINISTRATIVE AND LBGAL RBCOMMBNDATION:
The Administration and City Attorney's Office recommend that the
city Commission hear from Stephen Zack, Chairperson of the Charter
Review and Revision Board, as well as approve the contents of the
new proposed Charter. We also recommend that the City Commission
adopt the Resolution of the Mayor and City Commission of the City
of Miami Beach, Florida, amending Resolution No. 92-20616
concerning the advisory Charter Review and Revision Board, by
providing that said Board shall be dissolved on or before November
1, 1994, and by providing that expenses of said Board related to
informing the public of the new proposed Miami Beach City Charter
be assumed by the city of Miami Beach,
BACKGROUND:
. .
The existing City of Miami Beach Charter was adopted by special act
of the Florida Legislature in 1917 and was drafted under the
provisions of the State Constitution of 1885 -- that Constitution
provided, in essence, that Florida municipalities had only the
powers listed in their own Charters. Consequently, Charters drawn
under the 1885 Constitution were very lengthy documents which
enumerate in detail City powers. -- which explains the existing 92
page City of Miami Beach Charter.
Article XIII, Section 1, of the 1968 Florida Constitution, which
superseded the 1885 Constitution, completely changed the basis of
power for Florida municipalities. The new Constitution and the
Municipal Home Rule Powers Act of 1973 (Chapter 166, Florida
Statutes) provide that municipalities shall have all powers of
local self government unless a certain power is restricted by law
or the Charter itself. Further, the Municipal Home Rule Powers Act
provides that Charter provisions which granted certain enumerated
powers of the cities were either repealed automatically or became
ordinances of the cities subject to repeal by the ordinance
procedure of Florida law rather than by charter revision. The
result is that a large majority of city charters, including the
Charter of the City of Miami Beach, became out of date and revision
is necessary. -J'3
AGENDA
ITEM
R-B-B
6- 30 -93
'-0,. COIllVENTIOIll CENTER DRIVE - F::lURTH FLOO'" - MIAMI BEAt..
DATE
"
MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
JUNE 30, 1993
PAGE 2
As a result of City of Miami Beach Resolution No. 92-20458, adopted
by the Miami Beach City Commission on February 19, 1992, the City
of Miami Beach Charter Review and Revision Board was created
possessing the power to examine the City's Charter: "to identify
provisions which are in need of revision and to suggest amendments
or revisions." .
The Miami Beach Ct)arter Review Board has conducted bi-month1y
public meetings for the purpose of effectuating the City
Commission's goal of presenting to the voters a revised Charter for
the City of Miami Beach so as to delete antiquated provisions and
provide for a more readable, comprehensive municipal Charter which
may be easily read and comprehended by the average citizen1 in
addition, a televised pUblic meeting was held on May 20, 1993, for
the purpose of seeking further citizen input regarding the new
proposed Charter.
ANALYSIS.
The proposed City of Miami Beach Charter (attached hereto) has been
drafted with the intention of complying with the current Florida
Constitution of 1968 and the Municipal Home Rule Powers Act. The
basic structure of City government is retained. The strong manager
form of government with six City commissioners and a Mayor will
continue, as will the operating Charter departments of~ity Manager
and City Attorney, which report directly to the City Commission.
The proposed Charter provides only the minimum framework for a
complete form of government. Details of government and policies
which are subject to a more rapid change will be covered by the
promulgation of ordinances -- this will reduce the need for Charter
amendments and any resulting referendum.
The new proposed City Charter essentially mirrors those provisions
contained in the existing Charter with regard to the City Manager
form of government, election of the six City Commissioners and a
Mayor, initiative and referendum provisions, provisions governing
city Commission, City Attorney, city Manager and Administrative
organization, budget and finance, and elections. provisions which
are in the existing Charter found to be obsolete, redundant and/or
superfluous have been deleted inasmuch as such matters are no
longer needed for inclusion within the City's Charter.
The primary substantive differences between the existing Charter
and the new proposed Charter are as follows:
(a)
(b)
* (c)
inclusion of a "Citizens Bill of Rights," ensuring
open government to all:
gender-neutral provisions:
grant of subpoena power to the city commission
(upon a 5/7ths vote of the City Commission) for the
purposes of conducting internal city
investigations: .
removal of the City's Health Advisory Board from
the Charter into the City Code: and
amending the procedure for filling vacancies
occurring in the City Commission by providing that
vacancies shall be filled by Commission vote with
appointee serving remainder of the unexpired term
until the next succeeding general City election, at
which time any further remainder of an unexpired
term shall be filled by election of a Commissioner
at a general election -- the provision calling for
a special election to fill a vacancy in the event
the Commission opts not to appoint a replacement
Commissioner is retained.
*(d)
*(e)
01
,
v
:
MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
JUNE 30, 1993
PAGE 3
*OUe to State law, referendum approval is required for (c), (d) and
(e), above, as well as for the general issue concerning repeal of
the existing Charter and its replacement with a new Charter. (A
copy of the existing City Charter with specific. notations
reflecting proposed changes is on file in the City Clerk's Office.)
If a majority of the electors voting at the November 2, 199~
referendum vote in' favor of the new revised Charter, the City
Commission shall file the new Charter with the Department of State
and the Charter shall become effective as provided therein or by
law. conversely, in the event that the City's electorate fails to
approve by majority vote the revised Charter, the existing Charter
provisions shall remain as its provisions existed prior to the
November 2, 1993 election date.
Resolutions calling for a November 2, 1993 Special Election
incorporating all necessary ballot questions on these matters will
be placed on the City Commission's July 14, 1993 agenda.
CHARTER REVIEW BOARD RBCOMMBHDATIOH81
At its most recent meeting on June 18, 1993, the Charter Review and
Revision Board recommended extending the sunset date of its
membership from November 1, 1993 to November 1, 1994 so as to
enable it an opportunity to review the City's Related Laws: a
Resolution extending the term is attached hereto, which Resolution
also provides for the City's assumption of all expenses, not to
exceed $40,000, related to informing the pUblic of the new proposed
Charter.
Finally, pursuant to the City Commission's directive of July 22,
1992 directing the Charter Review and Revision Board to consider
the revised Ethics Ordinance prepared by the Ethics Subcommittee of
the Mayor's Transition Team, the Charter Review and Revision Board
decided that ethics provisions for City personnel should not be
placed in the Charter as they are more appropriately included
within the City's Code -- the Board therefore chose to recommend
that the City commission adopt a Code of Ethics for the City as an
Ordinance for inclusion within the city Code.
JOlks
Attachments
(.:reaord\ch.rt630.QI)
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