Ordinance 2020-4330 ORDINANCE NO. 2020-4330
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
2 OF THE MIAMI BEACH CITY CODE, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 1, ENTITLED "GENERALLY," BY AMENDING
SECTION 2-22 THEREOF, ENTITLED "GENERAL
REQUIREMENTS," TO CLARIFY THE QUALIFICATION
REQUIREMENTS FOR MEMBERS OF AGENCIES, BOARDS,
AND COMMITTEES, ; AND, PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, currently, Section 2-22 of the City Code provides for general requirements
governing the City's agencies, boards, and committees; and
WHEREAS, Section 2-22(4)(b) provides that members of agencies, boards and
committees shall be affiliated with the City and fulfill that requirement in one of the following
ways: (1) an individual shall have been a resident of the City for a minimum of six months, or
(2) an individual shall demonstrate ownership/interest, for a minimum of six months, in a
business established in the City for a minimum of six months.
WHEREAS, the Mayor and City Commission determined that it is in the best interest of
the City to amend Section 2-22(4)(b) to clarify the requirements for members of agencies,
boards, and committees.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Section 2-22(4)(b) of Division 1, of Article Ill, of Chapter 2 of the City Code, entitled
"Administration," is hereby amended as follows:
CHAPTER 2
ADMINISTRATION
* * *
ARTICLE III. AGENCIES, BOARDS AND COMMITTEES
* * *
Division 1. Generally
Sec. 2-22. General requirements.
Except as otherwise specifically provided:
(1) All agencies, boards and committees shall express a statement of their bodies'
purpose.
(2) All agencies, boards and committees shall appoint a chairperson and a vice-
chairperson, or a chair shall be appointed by the mayor in cases dealing with a mayor's
board or committee.
(3) The enabling legislation for all agencies, boards and committees shall contain
qualifications for membership as to knowledge and experience.
(4) Members of agencies, boards and committees shall be affiliated with the city; this
requirement shall be fulfilled in the following ways:
a. An individual shall have been a resident of the city for a minimum of six months; or
b. An individual shall demonstrate an ownership/ interest Lfor a minimum of six
months)in a business established in the city Lfor a minimum of six months),or
cc An individual shall be a full-time employee of such a business (for a minimum of
six months); provided further that such employee must be based in an office or
other location of the business that is physically located in Miami Beach (for a
minimum of six months). Notwithstanding the requirements set forth herein the
qualified full-time employee of a business must be approved by a four-sevenths
(4/7ths) vote of the Mayor and City Commission.
For the purposes of this subsection (b), the following terms shall have the following
meaning:
(i) "Ownership Interest" shall mean the ownership of ten percent (10%) or more
(including the ownership of 10% or more of the outstanding capital stock) in a
business.
(ii) "Business" shall mean any sole proprietorship, sponsorship, corporation, limited
liability company, or other entity or business association.
Members of agencies, boards, and committees shall be required to demonstrate
compliance with the City affiliation requirements of subsections 4(a) and (b) by
executing an affidavit, in a form prepared by the City Clerk's Office, stipulating that they
have met either (or both) of the affiliation requirements in subsections 4(a) and/or (b).
Each agency, board, and committee member covered by the requirements of
subsections 4(a) or (b) shall file the original affidavit with the City Clerk's Office prior to
being sworn in as a member.
Exceptions to subsections (4)a and b of this section shall only be permitted if it is
determined by the city commission that an agency, board or committee requires the
membership of an individual with a specific position, knowledge, experience or
expertise not available in another individual who may otherwise comply with the terms
of subsections (4)a and b of this section.
* * *
SECTION 2. 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
Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section," "article," or
other appropriate word.
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of Fe 7f(tai y, 2020.
PASSED AND ADOPTED this la day of Fe rat? , 2020.
4001
ATTEST: / _
Dan Gel Mayor
/
II14shiazd
R-fael . Gra ado, City Clerk
(Sponsored by Commissioner David Richardson) e
IINCORP ORATED
Underlines denote additions ...:tip_
Doublelines denote additions at the second reading
Str ough denotes deletions
AP':•VED AS TO
OR : LANGUAGE
400 • ' EXECUTION
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C.,• Attorney Date
Ordinances- R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attomey
DATE: February 12, 2020
10:10 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI
BEACH CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING
ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY
AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING
SECTION 2-22 THEREOF, ENTITLED "GENERAL REQUIREMENTS," TO
CLARIFY THE QUALIFICATION REQUIREMENTS FOR MEMBERS OF
AGENCIES, BOARDS, AND COMMITTEES; AND, PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
On January 15, 2020, at the City Commission meeting, the above-referenced
Ordinance passed on First Reading with no revisions. The Ordinance is now submitted for
consideration by the Mayor and City Commission for Second Reading/Public Hearing.
FINANCIAL INFORMATION
No fiscal impact is expected.
Applicable Area
Not Applicable
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Vice-Mayor David Richardson
ATTACHMENTS:
Page 513 of 1185
Description
D Ordinance 1st Rdg.
Page 514 of 1185