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RESOLUTION 93-20826 ? 1 r RESOLUTION NO. 93-20826 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. 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 establishing 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 November 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 informing the public of the new proposed Miami Beach City Charter) shall be assumed by the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY MIAMI BEACH, FLORIDA that paragraphs "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 informing 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 day o June a , 1993 . 110F 40°°1/ 'YOR llpATTEST: // CITY CLERK (Requested by City of Miami Beach Charter Review and Revision Board. ) [3RM APPROVED JKO/ks (a:\res ord\charter2.res) LEGAL DEPT. By Late L42fl 2 OFFICE OF THE CITY ATTORNEY c6734 41,/ col.H.Amil weed F L O R I D A •*;INCORP TED LAURENCE FEINGOLD Ani P O BOX O CITY ATTORNEY 37P�H26���" MIAMI BEACH, FLORIDA 33119-2032 TELEPHONE (305)673-7470 COMMISSION MEMORANDUM NO: 1-Ig -c: 3 TELECOPY (305)673-7002 TO: MAYOR SEYMOUR GELBER DATE: JUNE 30, 1993 MEMBERS OF THE CITY CO ! SSION FROM: LAURENCE FEINGOLD4 ,2," CITY ATTORNEY, / ' ROGER M. CARLTO CITY MANAGER SUBJECT: REPORT FROM THE CHARTER REVIEW AND REVISION BOARD: RECOMMENDING A PROPOSED NEW CITY CHARTER; RECOMMENDING A RESOLUTION EXTENDING THE TERM OF THE BOARD, AND FUNDING EXPENSES RELATED TO INFORMING THE PUBLIC OF THE PROPOSED CHARTER; AND RECOMMENDING THAT THE CITY COMMISSION ADOPT A CODE OF ETHICS ORDINANCE FOR THE CITY OF MIAMI BEACH JOINT ADMINISTRATIVE AND LEGAL RECOMMENDATION: 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. AGENDA _ ITEM DATE 6 - 30 -93 _D CONVENTION CENTER DRIVE - .OURTH PLOOP - MIAMI BEAC, __ ,- 1 y 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 Charter Review Board has conducted bi-monthly 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 citizen; 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 'City 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) inclusion of a "Citizens Bill of Rights, " ensuring open government to all ; (b) gender-neutral provisions; * (c) 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 ; * (d) removal of the City' s Health Advisory Board from the Charter into the City Code; and * (e) 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. 04 . MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION JUNE 30, 1993 PAGE 3 *Due 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 , 1993 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 RECOMMENDATIONS: 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. JO/ks Attachments (a:resord\chart630.cm) C5 Vi�1lz11VL•i.i� RESOLUTION NO. 93-20826 Amending Resolution No. 92-20616 concerning the Advisory Charter Review and Revision Board.