Ordinance 2020-4357ORDINANCE NO. 2020-4357
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTE R 2 OF THE
MIAMI BEACH CITY CODE, ENTITLED "ADMINISTRA TION," BY
AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND
COMMITTEES," BY AMENDING DIVISION 29 AND SECTIONS 2-
190.128-2-190.133 THEREOF, ENTITLED "RESERVED," TO
ESTABLISH THE "BLA CK AFFAIRS ADVISORY COMMITT EE," AND
TO SET FORTH THE PURPOSE, POW ERS AND DUTIES,
COMPOSITION, KNOW LEDGE AND EXPERIENCE, AND
SUPPORTING DEPARTMENT; AND, PROVIDING FOR REPEALER,
SEVERA BILITY , CODIFICATION, AND AN EFFECTIVE DATE.
W HEREAS, the Black community in Miami Beach make unique, diverse and valuable
contributions to the culture, society and economy of the City of Miami Beach ("City"), which
have a beneficial impact on life in the City; and
WHEREAS, the Black community is a long-term stakeholder of the decisions made
today and should have a more prominent voice in decisions that will shape the City's
future; and
W HEREAS, the City is committed to providing equality and opportunity for all
residents, businesses and visitors and increasing access for Black people to civic,
economic, and educational opportunities in City; and
W HEREAS, the City acknowledges the contributions of the Black community, while
still recognizing the challenges still faced by many Black residents, businesses and
visitors; and
WHEREAS, it will benefit the City to define and address the unique contributions,
needs, and concerns of the Black community, in order to improve the lives of all Miami
Beach residents, businesses and visitors; and
WHEREAS, the establishment of a Black Affairs Advisory Committee will provide a
meaningful contribution to the decision-making process of the Mayor and City
Commissioners which will take into account the needs of and benefits afforded by the
African diaspora in our co mmunity.
NOW , THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Sections 2-190.128 through 2-190.132 of Article 111 of Chapter 2 of the
Code of the City of Miami Beach, Florida are hereby amended as follows:
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C H A P T E R 2
A D M I N IS T RA T IO N
* * *
A R T IC L E Ill . A G E N C IE S , B O A R D S A N D C O M M ITT E E S
D i v is io n 2 9 . Re s e rv e d Bl a c k African-Aggi@an_Affairs Advisory
Committee
Sec. 2.190.128. Reserved. Established;_ Purpose.
There is hereby created the Afri ggng A giggn Black_Affairs_Advisory Committee which_is
an advisory board of the city._ [he purpose of the AfriegA Am@griegagn Black_Affairs_Advisory
Committee is to provide persons of African American/Black descent with a vehicle to
participate in city government, represent and articulate the needs of the city's Afrigan
Am@riça/Black_community, provide recommendations to the city manager, and the_mayor
and city commissioners on issues and pro grams affecting the-African-America/Black
residents, businesses and visitors in the city. and to recommend strategies to preserve,
present,_ and maintain African -Amriean/Black cultural history and advocate for
educational,_social, and economic equity in the city.
Sec. 2.190.129. Reserved. Powers and Duties.
The AfiggaAgigang Black_Affairs_Adyisory Committee shall_haye the followying powers
and duties:
(a) Serye in an advisory capacity to the city manager, and the mayor and city
çommission con cerning issues and programs affecting the city's African
mgriegn/Black_residents, businesses and visitors;
(b) Foster increased inyolyement by the city's Afriggn Ameriggg!Black community in
the affairs of city government:
(c) Research, discuss, and formulate recommendations on issues, activities, and
concerns_of the_AriegnAmgrigg/Black community and diaspora in_the city;
(d) Comment upon existing or proposed legislation, ordinances, resolutions, and
policies that_impact the AfrisgnAmoriea/Black_community_in the city.
S e c . 2.190.130. R e s e rv e d . Composition.
The Ariggn Am g iggn Black_Affairs Advisory_ Committee shall be composed of nine (9)
voting members as follows:
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(a) The mayor and each city commissioner shall appoint one member as a direct
appointment. with the remaining two (2) members to be at-large appointments of
the city commission.
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(b) Appointment and term of members. The term of office for each member shall
be in accordance with Section 2-22(5) of the City Code
(e) The members shall be affiliated with the city; this requirement shall be fulfilled
in the following ways:
1. An individual must be a resident of the city for a minimum of six months, or
2. An individual shall demonstrate an ownership/interest (for a minimum of six
months) in a business established in the city (for a minimum of six_months),
or
3. An individual shall be a full-time employee of such a business (for a
minimum of six months); proyided 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 (c),_the following terms shall have the following
meaning:
(0)
(ii)
"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.
"Business" shall mean any sole proprietorship, sponsorship,
corporation, limited liability company, or other entity or business
associa tian.
Appointed members shall be required to demonstrate compliance with the City
affiliation requirements of subsections (c)1), (2) and/or (3) by executing an
affidavit, in a form prepared by the City Clerk's Office, stipulating that they have
met either (or all) of the affiliation requirements in subsections (c)(1 ), (2) and/or (3).
Each member covered by the requirements of subsections (c)1), (2) or (3) shall file
the original affidavit with the City Clerk's Office prior to being sworn in as a
member.
(d) Filling vacancies._ Vacancies on the committee shall be filled by the mayor and
city commission. In filling any vacancy, the mayor and city commission may
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sel e c t a re p la c em en t c om m itt e e m em b er fr o m a lis t o f thr e e c an d id a te s which
shall be submitted by the remaining members of the committee. [he individual
mem bers of the city commission may supplement the committee's suggested
list with additional names of candidates or, if neither the candidates on the
committee's suggested list nor the additional names submitted by the individual
members of the city commission are approved, the committee shall submit an
entirely different list for the mayor and city commission's consideration This
process sh all con tinue until a suitable replacement has been found to fil] the
existing or anticipated vacancy. The suggested list submitted by the committee
for the mayor and city commission's consideration shall be submitted without
specific recommendations or endorsements by the committee as to any
particular name submitted therein, but may, in the event the name of a current
committee member is submitted for reappointment indicate, as a point of
information to the mayor and city commission, that said name is that of an
existing committee member.
(e) Committee members shall annually elect a member as chairperson, and other
officers it deems necessary. A vote of a majority of the members shall be
required to constitute action taken by the committee.
Sec. 2.190.131. Reserved. Knowledge and Expe rience.
a) Qne_member must be a business owner in_the city;
b) One member must be a licensed and actively practicing in the field of real
estate, hospitality/tourism , or banking;
c) One member must be licensed and actively practicing in the field of human
relations/people development, communications/entertainment, art/culture, or
education;
d) The remaining six (6) members must have a personal or professional
knowledge or expertise in at least one of the following areas:
1. Education
2. Economic Development/Business Development
3. Culture/Entertainment/Events
4. Hospitality/Tourism
5. Healthcare/Technology
6. People Development/Human Relations
7. Finance/Banking
8. Media/Communications/Public Relations
9. Community Service/Sgfgty& g@gujy/Socia]Justice
Sec. 2.190.132. Reserved. Supporting Department
The support department for the_African_Am@rigag Black_Affairs Advisory Committee_shall
be the Tourism and Culture Department.
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S E C TI O N 2 . RE P E AL E R.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the
rem ainder 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 Miam i Beach City Code. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the work "ordinance" may be changed to
"section," "article," or other appropriate word.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shat take effect on the _ú_ day or Sp/k60ao.
PASSED AND ADOPTED this__ day or%o-mer, 2o2o. .A -
Dan Gelber, Mayor
ATTEST:
Rafael E. Granado, City Clerk
Underline denotes additions
Strikethrough denotes deletions
Double underline denotes additions after the first reading
Double-strikethrough denotes deletions after the first reading
(Sponsored by Mayor Dan Gelber)
APPR O VE D AS TO
FO RM & LAN G UAGE
& FOR EXECUTION
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Ordinan ce s-R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
September 16, 2020
9:30 a.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI
BEACH CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING
ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY
AMENDING DIVISION 29AND SECTIONS 2-190.128 - 2-190.133 THEREOF,
ENTITLED "RESERVED," TO ESTABLISH THE "BLACK AFFAIRS
ADVISORY COMMITTEE," AND TO SET FORTH THE PURPOSE, POWERS
AND DUTIES, COMPOSITION, KNOWLEDGE AND EXPERIENCE, AND
SUPPORTING DEPARTMENT; AND, PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE .
... ---- ------····-·····• -- '--------------------------
RECOMMENDATION
Pursuant to the request of Mayor Gelber, the above-reference Ordinance is submitted for
consideration on First Reading at the September 16, 2020 City Commission meeting.
The creation of the African American Affairs Committee was referred to the Neighborhood and
Quality of Life Committee (NQLC), and at its meeting on July 15, 2020, the NQLC considered
the proposed creation and provided a favorable recommendation.
The Office of the Mayor and City Commission has advised that current resources will be utilized
to provide support to the African American Affairs Committee.
BACKGROUND/HISTORY
The ability to advocate more meaningfully for African American interests in the management and
administration of the City of Miami Beach is important to the growth of the City. The input of
diverse voices and opinions by specific City stakeholders is what makes Miami Beach special.
We invest in the collective and individual contributions from diverse groups such as the Hispanic
Affairs Committee, LGBTQ Advisory Committee, Commission for Women, Next Generation
Council, Senior Affairs, and the Youth Commission because their interests and
contributions matter to the success, health and wealth of our community.
Accordingly, with the City's commemoration of Juneteenh this June 2020, it is an auspicious
time for the City of Miami Beach to create an Black Affairs Advisory Committee. By creating and
providing a safe space where the African American community can explore their concerns on
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ho w th e C ity can leverag e and incorp orate tho se ideas and efforts to im pro ve th e quality of life
of our re sidents, businesses, visitors and m ore .
ANALYSIS
The Mayor recommend a nine (9) member committee: seven (7) direct appointment by the
Mayor and City Commissioners, and two (2) at large appointments.
The appointees would advise on how the City can create cultural and community connections by
working to preserve, present, and maintain cultural history and advocate for educational, social
and economic equity with the understanding that service is to focus on cultures representing
Blacks/African Americans and all individuals within the African Diaspora in the City of Miami
Beach.
CONCLUSION
The Administration also recommends an ordinance to create the Black Affairs Advisory
Committee to encourage and enhance the contributions of the Black/African American
community into everything that is Miami Beach.
Ap plicabl e Area
Citywide
ls this a "Residents Right
to Know" item, pursuant to
City Code Secti on 2-14?
No
Legislative Tracking
Tourism and Culture
Sponsor
Mayor Dan Gelber
Does this item utilize G.O.
Bond Funds?
No
ATTACHMENTS;
Description
Ordinance
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