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Ordinance 2019-4274 ORDINANCE NO. 2019-4274 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED, "HUMAN RELATIONS," BY AMENDING ARTICLE II, ENTITLED"DISCRIMINATION," BY AMENDING SECTION 62-35 ENTITLED "MEMBERSHIP," TO REMOVE THE REQUIREMENT THAT AN ATTORNEY MUST SERVE AS CHAIR OF THE HUMAN RIGHTS COMMITTEE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, on January 3, 2010, the Mayor and City Commission of the City of Miami Beach adopted Ordinance No. 2010-3669, which, among other amendments to the Miami Beach Human Rights Ordinance, established the City of Miami Beach Human Rights Committee; and • WHEREAS, Section 62-35 of the City Code requires the Human Rights Committee to have at least one committee member who is an attorney licensed to practice law in Florida, and for that attorney member to also serve as chair of the Committee; and WHEREAS, the Mayor and City Commission of the City of Miami Beach hereby find that it is in the best interests of the City and the Human Rights Committee to amend Section 62-35 of the City Code and remove the requirement for the attorney member of the Committee to also serve as chair of the Committee. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. That Section 62-35 of Chapter 62 of the City Code is hereby amended as follows: Chapter 62 HUMAN RELATIONS * * * ARTICLE II. DISCRIMINATION * * * DIVISION 1. GENERALLY Section 62-35. Membership. (a) The committee shall consist of a minimum of five and a maximum of 11 members, with one out of every five members to be a direct appointment by the mayor, and with the remaining members to be at large appointments of the city commission. (b) The members of the committee shall reflect, as nearly as possible, the diversity of individuals protected under the city's human rights ordinance. In keeping with this policy, not 1 less than two months prior to making appointments or re-appointments to the committee, the city manager shall solicit nominations from as many public service groups and other sources, which he/she deems appropriate, as possible. (c) _ At least one of the committee members shall possess, in addition to the general qualifications set forth herein for members, alicense to practice law in the State of Florida; be an active member of and in good standing with the Florida Bar; and have experience in civil rights law. The attorney member shall also scrve as chair of the committee. (d) Members shall serve without compensation. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or re- lettered to accomplish such intention, and the word "ordinance" may be changed to "section," article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the /5 day of 7/4"-C- , 2019. PASSED AND ADOPTED this -S day of Jtine , 2019. ATTEST: c7.- d Dan Gelber, Mayor ��r.£ icq2c� \� Rafael E. Granado, City Clerk (Sponsored by Commissioners Joy V. W. Malakoff and Michael Gongora) ovi ''''� It tf�4. APPROVED AS TO if ��V'.. je •.0. FORM & LANGUAGE s ' -: & FOR EXECUTION : s* •INCORP ORATED: * .f— 4 - ill - 1 ti -. \ ..N 2 'City Attorney Date Ordinances - R5 F MIAMI BEA H • COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney • DATE: June 5, 2019 10:30 a.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED, "HUMAN RELATIONS," BY AMENDING ARTICLE II, ENTITLED "DISCRIMINATION," BY AMENDING SECTION 62-35 ENTITLED "MEMBERSHIP," TO REMOVE THE REQUIREMENT THAT AN ATTORNEY MUST SERVE AS CHAIR OF THE HUMAN RIGHTS COMMITTEE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. RECOMMENDATION Pursuant to the request of Commissioners Joy Malakoff and Michael Gongora, the above- referenced Ordinance is submitted for Second reading for consideration by the Mayor and City Commission at the June 5, 2019 Commission meeting Legislative Tracking Office of the City Attorney Sponsor Vice-Mayor Joy Malakoff and Commissioner Michael Gongora ATTACHMENTS: Description Commission Memo 2nd Rdg Ch 62 Human Relations Amending Sec 62-35 Membership- Human Rights Committee o Ordinance Re Membership of Human Rights Committee Page 551 of 868 AA Ai\A Bi--Ar 1-1 OFFICE OF THE CITY ATTORNEY RAUL AGUILA,CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR DAN GELBER MEMBERS OF THE CITY COMMISSION SECOND READING JIMMY L. MORALES, CITY MANAGER FROM: RAUL J. AGUILA, CITY ATTORNEY ..,L Ow ' JUNE 5, 2019 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED, "HUMAN RELATIONS," BY AMENDING ARTICLE II, ENTITLED "DISCRIMINATION," BY AMENDING SECTION 62-35 ENTITLED "MEMBERSHIP," TO REMOVE THE REQUIREMENT THAT AN ATTORNEY MUST SERVE AS CHAIR OF THE HUMAN RIGHTS COMMITTEE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Pursuant to the request of Commissioner Joy Malakoff, and co-sponsor, Commissioner Michael Gongora, the above-referenced Ordinance is submitted on Second Reading for consideration by the Mayor and City Commission at the June 5, 2019 City Commission meeting. The above- referenced Ordinance was initially submitted, and unanimously approved, with no changes, at the May 8, 2019 City Commission meeting. Section 62-35 of the Miami Beach City Code requires the Human Rights Committee to have at least one committee member who is an attorney licensed to practice law in Florida, and for that attorney member to also serve as chair of the Committee. The attached Ordinance amends Section 62-35 of the City Code to remove the requirement for the attorney member of the Committee to also serve as chair of the Committee. RA/FA/sp ti Page 552 of 868