Ordinance 2022-4496 ORDINANCE NO. 2022-4496
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AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF
MIAMI BEACH, ENTITLED "ADMINISTRATION," BY
AMENDING ARTICLE II, ENTITLED "CITY COMMISSION,"
TO AMEND THE AGENDA REQUIREMENTS AND RULES
OF PROCEDURE APPLICABLE TO MEETINGS OF THE
CITY COMMISSION AND CITY COMMISSION
COMMITTEES; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, Article II of Chapter 2 of the City Code, entitled "City Commission,"
establishes rules of procedure and agenda requirements for meetings of the City
Commission; and
WHEREAS, the Mayor and City Commission now desire to amend the City Code
to strengthen the City's procedural requirements and promote efficiency and decorum in
the conduct of public business.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article II of Chapter 2 of the Miami Beach City Code is hereby amended
to state as follows:
CHAPTER 2
ADMINISTRATION
* * *
Article II. City Commission
* * *
Sec. 2-11. Time of regular meetings and presentations and awards meetings of the
city commission; and time of city commission committee meetings.
bj Regular meetings and presentations and awards meetings of the city
commission. All regular meetings and presentations and awards meetings of the city
commission will be generally held on the first and third Wednesdays of each month,
respectively, with the dates and times to be established by resolution; however, the city
commission may from time to time cancel and/or change the dates and starting times of
the meetings as it deems advisable and proper. The city commission may recess for one
month during the summer (June, July, or August) as established by resolution. Regular
meetings of the city commission shall commence no earlier than 8:30 a.m. and shall
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terminate no later than 7:00 p.m. The city commission may, by majority vote, extend the
duration of a regular meeting for a period of one additional hour at a time. If an agenda
item is under discussion at the time the meeting is required to terminate under this
subsection, the meeting shall not be required to terminate until the conclusion of the item.
all City commission committee meetings. Meetings of city commission
committees, as established by resolution, shall be limited to four hours in duration, except
that a meeting may be extended, by majority vote of the committee, for a period of one
additional hour at a time.
Sec. 2-12. Chairperson.
The mayor shall serve as the chairperson of the city commission. In the mayor's
absence, the vice-mayor shall serve as the chairperson of the city commission.
The chairperson presides at all meetings of the city commission. The chairperson
of each city commission committee shall preside at meetings of the committee.
As to both city commission meetings and commission committee meetings, the
chairperson's responsibilities shall include, but are not limited to, the following:
Open the meeting at the appointed time and call the meeting to order,
having ascertained that a quorum is present.
Announce the business to come before the city commission or city
commission committee, in accordance with the prescribed order of
business.
Recognize all commissioners, the city manager, the city attorney, and the
city clerk, who seek the floor; and recognize members of the public who
desire to address the city commission or city commission committee.
(4) Preserve decorum and order, and in case of disturbance or disorderly
conduct in the commission chamber or other meeting place, may cause the
same to be cleared or cause any disruptive individual to be removed.
Call to order any member of the commission who violates any of these
procedures and, when presiding, decide questions of order, subject to a
motion to appeal, consistent with Robert's Rules of Order, which is
incorporated by reference in section 2-14(i).
Expedite business in every way compatible with the rights of the members,
and the riqht of the public to participate in public hearings. To that end, the
chairperson shall use best efforts to call public hearing items as close to the
advertised hearing time as possible.
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Remain objective. For the chairperson to make a motion, the gavel must be
relinquished. The gavel shall be relinquished in the following order:
a To the vice-mayor;
b. To other commissioners based upon seniority.
If the chairperson relinquishes the gavel, the chairperson should not return
to the chair until the pending motion has been disposed of.
Declare the meeting adjourned when the commission or committee so
votes, when the applicable time limit in section 2-11 has been reached, or
at any time in the event of an emergency affecting the safety of those
present.
Sec. 2-13. — Rules of inquiry, discussion, and debate.
Decorum.
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Every commissioner desiring to speak should address the chairperson, and
upon said recognition by the chairperson, should confine discussion to the
question under debate.
gi A commissioner, once recognized, should not be interrupted when speaking,
unless a point of order is raised. The commissioner should then cease
speaking until the question of order is determined. If in order, the
commissioner shall be at liberty to proceed.
A commissioner shall be deemed to have yielded the floor when the
commissioner has finished speaking. A commissioner may claim the floor
only when recognized by the chairperson.
Motions. All motions shall be made and seconded before debate on the motion
consistent with Robert's Rules of Order, which is adopted by reference in section 2-
14(i).
Motions to amend. An amendment to a motion must be germane, that is, it must
relate to the substance of the main motion. An amendment may not introduce an
independent question, and an amendment may not be introduced for purposes of
rejecting the original motion. A commissioner may seek to amend the main motion in
either of the following two ways:
a) By consent of the members. The chairperson, or another commissioner
through the chairperson, may ask for certain changes to be made to the main
motion. If the maker of the motion does not obiect to the proposed
amendment, the motion shall stand as amended.
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21 Formal amendment. An amendment may be proposed formally by motion to
amend the main motion. The motion must be seconded, and the motion is
debatable. If the motion to amend is adopted by majority vote, the main
motion shall include the amendment. If the motion to amend fails, the main
motion shall not include the amendment. The mayor and members of the city
commission are encouraged to draft written amendments in advance of the
meeting, in order to facilitate the city commission's discussion.
gj Vote on amended motion. In the event that a pending motion is amended by
either method above, a separate vote on the motion, as amended, shall be
required.
Sec. 2-142. Meeting procedures and agendas.
(a) Statement of legislative intent. Consistent with the City of Miami Beach Charter, this
section will help uphold the principles of separation of powers and checks and
balances. It will also lend to improving transparency in government, and promoting
efficiency and decorum in the conduct of public business.
(b) Ordinance and charter amendment sponsors and co-sponsors. Any proposed
ordinance or charter amendment that appears on the agenda of a city commission
meeting for discussion, referral, and/or approval by the mayor and city commission
must have the name of the mayor, or a member of the city commission placed
prominently next to it as the primary sponsor of the legislation. Except for the setting
of a time certain, which is governed by the provisions in subsection (d)(2) hereof, the
primary sponsor controls the placing of the item on an agenda and the withdrawal of
the item from an agenda. Co-sponsors are merely intended to provide additional
support for an item and do not possess any procedural control of the item.
Notwithstanding the foregoing, members of the city commission shall not be
precluded from sponsoring ordinances or charter amendments on the same subject
matter, provided that the proposed ordinances or charter amendments contain
different terms or text. The following are excepted from the requirement of a sponsor:
(1) applications for amendments to the land development regulations filed by
appointed boards or property owners pursuant to subsection 118-162(a) or(b) of
the City Code; and
(2) resolutions that do not concern charter amendments; discussion and/or referral
items that do not concern charter amendments; discussion and/or referral of
items to boards or committees not scheduled for first or second reading as an
ordinance; and referrals to boards or committees proposed by the city manager
or city attorney.
(c) Agenda submission schedule.
(1) Submission of agendas. Agenda items must be submitted to the city clerk no later
than six business days prior to the date of a regularly scheduled meeting, or at
least five business days prior to a presentations and awards meeting, special city
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commission meeting, or city commission workshop, in order to be printed as part
of the agenda on the initial print day. All city commission meeting agendas shall
be submitted to the mayor and city commissioners on the initial print day of the
agenda, which shall be no later than four business days preceding a regularly
scheduled city commission meeting= presentations and awards meeting, special
city commission meeting, or city commission workshop. The foregoing deadlines
shall not apply to a meeting called to address an emergency. In these instances
when a special meeting is called pursuant to section 2.04 of the City Charter, the
ay a shall be submitted to the mayor and c' mission as soon as
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practicable befefe- ecievial mee'tCi g. The meeting agenda shall determine the
business conducted at the meeting.
(2) Supplemental agenda materials. Agenda items that are included in the agenda
that is printed on the initial. print day may be supplemented, amended, or
corrected by materials in a supplemental agenda, and as may be provided by the
city clerk in an errata document or announcement.
(3) Addendum agenda items. Any item not included in the agenda submitted to the
mayor and city commission on the initial print day must be submitted by the city
clerk to the mayor fora determination whether the item is to be placed on the
agenda as an addendum item. If the mayor declines to place the item on the
agenda as an addendum item, then the item shall be submitted to the city
commission for a vote and the item shall only be considered at the city
commission meeting upon a finding by the city commission, by a five-seventh
affirmative vote, that such item:
a. Constitutes a public emergency affecting life, health, property, or public
safety and should be considered immediately; or
b. Does not constitute a public emergency, but should be considered
immediately.
al Four-day rule for regular meetings, presentations and awards meetings, special
meetings, and city commission workshops. A copy of each agenda item
sponsored and initiated by a city commissioner and placed on a meeting agenda
for a regular city commission meeting, presentations and awards meeting, special
meeting, or city commission workshop, including all supporting materials, shall
be furnished to the members of the commission not later than four (4) business
days prior to the date of the meeting. The provisions of this rule shall be deemed
waived unless asserted by a commissioner before the city commission takes
action on the resolution, ordinance, motion, or other item in question. In the event
the rule is asserted by a commissioner before action is taken, the item sponsor
may request a waiver of this rule by a five-sevenths vote of the city commission
upon a finding that such item:
a. Constitutes a public emergency affecting life, health, property, or public
safety and should be considered immediately; or
b. Does not constitute a public emergency, but should be considered
immediately.
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If the item sponsor fails to request or obtain a waiver of the rule, the agenda item
shall be automatically deferred to the next regular city commission meeting. This
rule is not applicable to emergency meetings called pursuant to section 2.04 of
the city charter.
(d) Agenda items.
(1) Item details. Items published in a city commission meeting agenda shall
include sufficient detail and information for the city commission and the
public to evaluate the items in a reasonable and timely manner and,
whenever possible, endeavor to sufficiently advise the city commission and
the public of the nature of any requested actions that may be taken on the
items. A draft of any resolution or ordinance sponsored and initiated by the
mayor or a member of the city commission shall be shared with the city
administration sufficiently in advance of the publication of the agenda to
provide sufficient time for response or comment during the scheduled
meeting.
a. Fiscal impact statement required. As part of the .commission
memorandum that accompanies any ordinance or resolution placed on
a city commission meeting agenda (including any resolution calling for
a voter referendum on any measure), the city administration shall, to
the extent applicable, prepare a written statement, to be included as a
stand-alone section of the commission memorandum, briefly describing
the estimated or anticipated increase or decrease of the revenues or
expenditures of the city associated with the proposed measure, if any,
for the current fiscal year and the subsequent fiscal year. If an ordinance
or resolution sponsored and initiated by the mayor or a city
commissioner is determined to have a fiscal impact greater than
75,000.00, the item shall first be referred to a commission committee
for review and recommendation, unless the city commission waives this
requirement by a five-sevenths (5/7ths) vote.
b. To the extent determined applicable by the city administration, the fiscal
impact statement may include:
(i) Historical data concerning the revenues or expenditures at issue;
(ii) Any assumptions, sources of information or methodologies used to
estimate the fiscal impact to the city;
(iii) An estimate of the staff time or other resources that may be needed
to implement the proposed measure;
(iv) Whether the proposed measure could be absorbed in the current
fiscal year's budget, or whether an additional appropriation is
required to implement the proposed measure;
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(v) Whether the fiscal impact in subsequent years (up to, but no more
than, five years, from adoption of the measure) materially differs
from the fiscal impact in the first year;
(vi) Whether the proposed measure will involve pension liability, and
the estimated costs thereof; and
(vii)Any capital requirements or infrastructure constraints associated
with the proposed measure.
c. If the fiscal impact on the current or future revenues or expenditures of
the city cannot be determined at the time the proposed measure is
considered by the city commission, the fiscal impact statement shall
include a description of the risk factors or variables involved, and the
administrative actions that will be required in order to determine the
anticipated impact on future revenues and expenditures. In such cases,
the fiscal impact statement should, to the extent possible, use ranges
to estimate the impact on revenues or expenditures.
d. With respect to proposed agenda items related to the procurement of
goods and services, including construction services, that are awarded
pursuant to a previously approved budget, or which involve
expenditures that are specifically authorized in a previously approved
budget, the requirements of this section shall be deemed satisfied by a
statement of the budget code or funding source that will be used to
cover the proposed item, and the contract amount associated with the
proposed item, if any.
e. If a proposed item has a fiscal impact on revenues or expenditures of
the city in the amount of$25,000.00 or less, the fiscal impact statement
shall state that the item involves an estimated fiscal impact of
$25,000.00 or less, and no further information or analysis shall be
required.
f. The failure to comply with the requirements of this section shall not
constitute grounds for canceling the consideration of a proposed
measure or rendering invalid any determination made by the city
commission.
(2) Time certains. Except for the setting of time certains for public hearings as
required by law, the-mayor shall be authorized to set time certains for all
matters to be discussed or considered on a city commission agenda. The
mayor may consider and set a time certain based upon the request of a
city commissioner, the city administration, or a member of the public if
such request is made prior to the commission meeting.
(3) Deferred items. If an agenda item that is not set as a time certain for a
public hearing is not reached during a city commission meeting, and the
city commission does not specifically defer the item, the item shall be
deemed to be deferred:
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a. To the next regularly scheduled commission meeting if the item was
on a regular commission meeting agenda; or
b. To the next regularly scheduled presentations and awards meeting if
the item was on a presentations and awards meeting agenda.
Any agenda item that has been deferred by the sponsor and has not been
heard for a period of 120 days or more followinq the meeting date the item
was first placed on a city commission agenda shall be automatically
withdrawn. For purposes of this paragraph, the term "deferred" shall not
include an item postponed by the city commission due to a lack of time.
No item based on the same proposal may be placed on another
commission agenda for a 90-day period; however, the 90-day period may
be waived by a six-sevenths (6/7ths) vote of the city commission.
(4) Time certain public hearing items. If a time certain public hearing agenda
item is to be reset to another commission meeting agenda, the public
hearing must either be:
a. Specifically opened and continued to another commission meeting
date and time certain; or
b. Re-advertised for another commission meeting date and time certain.
(5) Previously proposed ordinances and resolutions; exceptions.
a Previously proposed ordinances. Should an ordinance fail on first or
second reading due to the lack of the requisite vote for passage or
adoption, or should an ordinance fail to receive a second on a motion
for passage or adoption on first or second reading, an ordinance
based on the same proposal shall not be placed on another
commission agenda for a three month 90-day period; however, the
three month 90-day period may be waived by a six-sevenths (6/7ths)
commission vote. This subsection shall not:
i. Prevent a reconsideration vote pursuant to subsection (f3
hereof; or
ii. Permit the earlier consideration of a previously submitted
ordinance if not otherwise permitted in this Code. In such
event, the City Code provision with the more stringent time
period for the consideration of a previously proposed
ordinance shall control:
b. Previously proposed resolutions. Should a resolution fail due to the
lack of the requisite vote for passage or adoption, or should a
resolution fail to receive a second on a motion for adoption, a
resolution based on the same proposal shall not be placed on another
commission agenda for a 60-day period; however, the 60-day period
may be waived by a six-sevenths (6/7ths) commission vote. This
subsection shall not:
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i. Prevent a reconsideration vote pursuant to subsection 2-14(i)
hereof; or
ii. Permit the earlier consideration of a previously submitted
resolution if not otherwise permitted in this Code. In such
event, the City Code provision with the more stringent time
period for the consideration of a previously proposed
resolution shall control.
(6) Referrals to commission committees. City commissioners are
encouraged, wherever possible, to refer new business to a commission
committee prior to consideration by the full city commission. There shall
be no limit on the number of commissioner-sponsored referral items per
meeting agenda.
fl Limit on number of commissioner-initiated discussion items and
resolutions per meeting agenda. No more than eight (8) discussion items
and resolutions,combined, may be placed on a regular meeting agenda
by the mayor or by each member of the city commission. The requirement
in this paragraph may be waived by a five-sevenths vote of the city
commission. The mayor and members of the city commission are
encouraged to first request a referral to committee, prior to introducing new
business by sponsoring a discussion item or resolution, in order to
promote efficiency, obtain a fiscal impact analysis from the city
administration, seek public input, and thoroughly develop new policy
proposals.
Limit on number of new ordinances per meeting agenda. No more than
four (4) ordinances may be sponsored and initiated by the mayor or by
each member of the city commission and placed on the same agenda for
first reading (excluding items that were transmitted to the city commission
by a city commission committee or land use board). The requirement in
this paragraph shall not apply to ordinances initiated by the city
administration, and may be waived by a five-sevenths vote of the city
commission.
Informational items requiring no action;responses to constituent inquiries.
Each meeting agenda shall include a separate section for mayor or
commissioner-initiated informational items requiring no action by the city
commission. Such information may include correspondence from the
mayor or a commissioner to a resident, business owner, or other
constituent in response to an inquiry relating to city business which may
be of general interest to the city commission or the public at large, or an
update relating to any matter on which the mayor or commissioner is
directly working with the administration.
(e) Presentations and awards meetings. The presentation of proclamations, awards,
certificates, and all other recognitions made by the mayor and city commission
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shall occur at separate regularly scheduled meetings of the city commission
specifically dedicated for these purposes. Other agenda items may be placed on
an agenda of a presentation and awards meetings of the city commission only
under the following circumstances:
(1) The item was specifically deferred or opened and continued to a presentation
and awards meeting; or
(2) The item is submitted to the mayor for a determination whether the item is to
he plan rl en the an a If mayor declines to place the ite en
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agenndda,the-teemm shall only be considered at the sentationc and awards
meeting upon Upon a finding by the city commission, by a five-sevenths
affirmative vote, that the item constitutes either:
a. A public emergency affecting life, health, property, or public safety and
should be considered immediately; or
b. Does not constitute a public emergency, but should be considered
immediately.
if Special city commission meetings. Agenda items for special city commission
meetings called pursuant to section 2.04 of the city charter must be related to the
subject matter for which the meeting was called.
Quorum. A majority of the entire city commission shall constitute a quorum. In the
event that a commissioner is required to depart a commission meetinq prior to
adjournment, and the departure causes a loss of quorum, no further official action
may be taken unless or until a quorum is restored, other than adjournment.
Should no quorum attend within 30 minutes after the hour appointed for the
meetinq of the commission, or upon a meeting havinq commenced with a
quorum, which quorum shall have been lost, the chairperson or, in the
chairperson's absence, another commissioner in order of seniority, shall adjourn
the meeting.
Minutes. Meeting minutes shall reflect any motions,.votes on motions, formal
direction, and the conclusion of each discussion on each agenda item includinq
any future action that shall be taken.
( } Parliamentary procedure. Robert's Rules of Order Newly Revised, 11th
Edition, and all subsequent amendments thereto and all subsequent editions
thereof, shall be the recognized authority for general parliamentary procedure
applicable to meetings of the city commission in those instances when the city's
Charter, Related Special Acts, and Code do not expressly dictate parliamentary
procedure.
Virtual participation. As applicable to meetings of the city commission and city
commission committees, the City shall use its best efforts to permit members of
the public to attend and provide public comment via telephone or video
conferencinq software.
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(g3 0s). Effect. The validity of any action or determination of the city commission or
city personnel, board, or committee shall not be affected by the failure of any
person to comply with the provisions of this section.
Section 2-15. - Decorum.
LU Order must be preserved. No person shall, by speech or otherwise, delay or interrupt
the proceedings or the peace of the commission, or disturb any person having the
floor. Any person making irrelevant, impertinent, or slanderous remarks or who
becomes boisterous while addressing the commission shall not be considered
orderly or decorous. Any person who becomes disorderly or who fails to confine
remarks to the identified subject or business at hand shall be cautioned by the
chairperson and given the opportunity to conclude remarks on the subject in a
decorous manner and within the designated time limit. Any person failing to comply
as cautioned may be barred from making any additional comments durinq the
meeting by the chairperson, unless permission to continue or again address the
commission is granted by the majority of the commission members present.
2) Members of the public may only address the city commission or commission
committee from the lectern or in any other manner as may be designated by the
chairperson. Members of the public shall not approach the dais when the city
commission is in session unless expressly permitted by the chairperson. Any
member of the public seeking to distribute written comments, photographs, or other
exhibits to the city commission shall first obtain the chairperson's consent to
approach the dais, and shall submit sufficient copies to the city clerk for distribution
to the city manager, city attorney, city clerk, and each member of the city commission.
gj If the chairperson or the commission declares an individual out of order, the individual
will be requested to relinquish the podium. If the person does not do so, the individual
is subject to removal from the commission chamber or other meeting room.
Any person who becomes disruptive or interferes with the orderly business of the
commission may be removed from the commission chamber or other meeting room
for the remainder of the meeting.
For public safety purposes, no signs or placards lamer than 18" by 24" in size shall
be allowed at meetings of the city commission or city commission committees, and
no signs or placards shall be mounted on sticks, posts, poles, or similar structures
regardless of size, except in connection with a formal presentation at the request or
consent of the city commission. Signs, placards, and banners shall not disrupt
meetings or interfere with the ability of the public to attend the meeting and observe
public business.
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Sec. 2-43 2-16. Commission committee draft minutes—City commission approval.
(a) Procedure. Draft minutes from meetings of each city commission committee shall be
placed on a subsequent city commission agenda for the purpose of city commission
review and approval. Meeting minutes shall reflect any motions, votes on motions,
and the conclusion of each discussion on each agenda item including any future
action that shall be taken. The draft minutes are subject to correction, amendment,
and approval by the city commission, with any corrections or amendments to be
reflected in those minutes. Once the draft minutes from the commission committee
meeting have been approved by the city commission, the "draft" notation shall be
removed, and the minutes shall be considered final.
(b) Effect. In general, approval of the minutes do not constitute the city commission's
substantive approval of actions taken at said commission committees, but shall serve
only to allow the minutes to assume their essential status as the official record of the
proceedings of the commission committee. However, those portions of minutes
addressing a commission committee's request for city administration action, shall
only be effectuated when a corresponding item for such requested city administration
action is placed on a city commission agenda, and approved pursuant to resolution
or motion passed by a majority vote of the members present.
Sec. 244 2-17. Residents' right to know.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
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
a 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.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on fk/ 2, ,219.2P
PASSED and ADOPTED this ;01 day of JI-ii-2 , 2022.
ATTEST: �y
z- - -
77dDan Gelber
7A312Z Mayor
Rafael E. Granado
City Clerk
` •'y,„# APPROVED AS TO
` s FORM AND LANGUAGE
'I►iE�RP ORATt
0 & FOR EXECUTION
City Attorney QV._ Date
(Sponsored by Commissioner David Richardson)
Underline denotes additions
Strike through denotes deletions
F:1ATTO\KALN\ORDINANCES\Procedures-Richardson(Second Reading-as amended 6-22-2022).docx
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Ordinances-R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: June 22, 2022
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 2 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY
AMENDING ARTICLE II, ENTITLED "CITY COMMISSION," TO AMEND THE
AGENDA REQUIREMENTS AND RULES OF PROCEDURE APPLICABLE
TO MEETINGS OF THE CITY COMMISSION AND CITY COMMISSION
COMMITTEES; AND PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY,AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
n/a
FINANCIAL INFORMATION
n/a
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Non-Applicable
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner David Richardson
Page 483 of 1232
ATTACHMENTS:
Description
❑ Commission Memorandum
❑ Ordinance
❑ Proposed Amendment by Commissioner Fernandez
Page 484 of 1232
OFFICE OF THE CITY ATTORNEY
RAFAEL PAZ,CITY ATTORNEY COMMISSION MEMORANDUM
TO: Mayor Dan Gelber
Members of the City Commission SECOND READING
Aline T. Hudak, City Manager PUBLIC HEARING
FROM: Rafael A. Paz, City Attorney
DATE: June 22, 2022
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE II, ENTITLED "CITY
COMMISSION," TO AMEND THE AGENDA REQUIREMENTS AND
RULES OF PROCEDURE APPLICABLE TO MEETINGS OF THE CITY
COMMISSION AND CITY COMMISSION COMMITTEES; AND
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND
AN EFFECTIVE DATE.
This Ordinance has been submitted by Commissioner David Richardson for consideration
by the City Commission at Second Reading/Public Hearing on June 22, 2022. The
attached draft has been revised to reflect the City Commission's direction at First
Reading on May 4, 2022, with respect to those items as to which there was broad
consensus.
Rules of procedure and agenda requirements for meetings of the City Commission are
codified in Chapter 2 of the City Code. In instances where the City Charter, Related
Special Acts, and Chapter 2 of the City Code do not expressly dictate a particular
parliamentary procedure, Robert's Rules of Order are recognized as the authority for
general parliamentary procedure applicable to meetings of the City Commission.
At the Goals Conference on February 16th, 2022, the Mayor and City Commission
discussed the City Commission's rules of procedure and agenda requirements, as well
as specific proposed amendments.
The attached Ordinance addresses concerns and proposals raised by individual
members of the City Commission at the Goals Conference, as well as additional
procedures reflecting best practices from other jurisdictions. The Ordinance also includes
amendments to reflect existing City practices that have not yet been codified.
The following amendments have been drafted in order to promote efficiency and decorum
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in the conduct of public business:
• Codify the duration for regular meetings of the City Commission, as well as the
duration of City Commission Committee meetings, and provide flexibility to extend
the meetings by majority vote.
• Codify the role and duties of the Mayor as the Chairperson of the City Commission,
and the roles and duties of the Chairperson of each Commission Committee.
• Codify decorum requirements.
• Establish a procedure for initiating and amending motions (reflecting existing
practices).
• Amend agenda submission deadlines.
• Codify the existing practice that, for special meetings called pursuant to Sec. 2.04
of the City Charter, agenda items must be related to the subject matter for which
the meeting was called.
• Amend agenda procedures to establish a "four-day" rule to permit any member to
object to the placement of an item on a meeting agenda, where the item was
furnished to the Commission less than four (4) business days prior to the date of
the meeting,along with a procedure for waiving the four-day rule, if invoked by any
member. The "four-day" rule will apply to regular meetings, presentations and
awards meetings, special meetings, and City Commission workshops.
• Require drafts of legislative items sponsored and initiated by the members of the
City Commission to be shared with the City Manager, sufficiently in advance of the
publication of the agenda to provide sufficient time for response or comment.
• Require any legislative item sponsored and initiated by a member of the City
Commission and determined to have a fiscal impact greater than $75,000.00 to be
referred to a Commission Committee for review and recommendation, and codify
a procedure for waiving committee review.
• Require that any agenda item that has been deferred by the sponsor and has not
been heard within 120 days from the date the item was first placed on a City
Commission meeting agenda shall be automatically withdrawn, unless the rule is
waived by a 6/7ths vote.
• Provide that previously proposed resolutions that failed to be adopted shall not be
placed on another meeting agenda for a 60-day period, subject to a 6/7ths waiver.
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• Establish a limit on the number of Commissioner-initiated discussion items,
resolutions, and ordinances per meeting agenda, and clarify that there is no limit
on the number of referral items that may be placed on any given agenda.
• Encourage City Commissioners to refer new business to a Commission Committee
prior to consideration by the full City Commission in order to promote efficiency,
obtain a fiscal impact analysis from the City Administration, seek public input, and
thoroughly develop new policy proposals.
• Include a section on meeting agendas for Commissioner-initiated informational
items requiring no action by the City Commission, in an effort to reduce the number
of discussion items on any given agenda.
• Provide that the City shall use its best efforts to permit the public to attend City
Commission and Commission Committee meetings virtually or by telephone.
• Amend other existing City Code provisions consistent with the above amendments.
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