Resolution 2023-32472 RESOLUTION NO. 2023-32472
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ALLOCATING A ONE-TIME
GRANT IN THE TOTAL AMOUNT OF $25,000 TO THE CAPT. HYMAN
P. GALBUT JEWISH LEARNING CENTER CHABAD, PROVIDED THAT
THE FUNDS BE STRICTLY USED TOWARDS SECULAR
PROGRAMMING AND SERVICES. •
WHEREAS, the Capt. Hyman P. Galbut Jewish Learning Center Chabad (JLC)
was founded in the City of Miami Beach in 1998, and is currently at 411 West 41st
Street; and
WHEREAS, The Establishment Clause of the First Amendment provides that
"Congress shall make no law respecting an establishment of religion...." U.S. Const.
amend. I.; and
WHEREAS, the U.S. Supreme Court has construed the Establishment Clause, in
general, to mean that the government is prohibited from sponsoring or financing
religious instruction or indoctrination. See, e.g., Mitchell v. Helms, 530 U.S. 793 (2000)
(upholding use of federal funds for schools, including private religiously-affiliated
schools, for educational materials and equipment, so long as the aid itself was used for
secular purposes); and
WHEREAS, recent Supreme Court opinions have considerably relaxed the
Establishment Clause jurisprudence and have upheld the constitutionality of public
funding of certain secular elements of religious organizations, among other
accommodations. See, e.g., Carson v. Makin 142 S.Ct. 1987 (2022); Kennedy v.
Bremerton Sch. Dist., 142 S.Ct. 2407 (2022); and
WHEREAS, the JLC features educational and cultural programming, and its
features including a state of the art library, computer stations, study halls, a children's
library, a senior center, video/DVD/CD/tape library, a catering facility, an arts and crafts
facility, and a game room; and
WHEREAS, the mission of the JLC, in addition to promote and strength Jewish
awareness, pride and observance by providing religious, educational, cultural and social
activities to individuals and families regardless of age, background or religious affiliation;
and
WHEREAS, the Mayor and City Commission wish to allocate a one-time grant in
the total amount of$25,000 to the JLC, provided that the funds are strictly used towards
secular programming and services.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
- Commission'hereby allocate a one-time grant in the total amount of$25,000 to the JLC,
provided that the funds are strictly used towards secular programming and services.
PASSED and ADOPTED this / day of F-€6 tlagrati 2023.
ATTEST:
Dan Gelber, Mayor
FEB 0 8 2073
Rafael E. Granado, City Clerk
(sponsored by Commissioner Kristen Rosen Gonzalez) 1.111CORP OWED;
APPROVED AS TO
FORM &LANGUAGE
& FOR EXECUTION -I
City City Attome Date
Resolutions-C7 Z
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: February 1, 2023
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ALLOCATING AN ANNUAL GRANT IN THE
TOTAL AMOUNT OF $25,000 TO THE CAPT. HYMAN P. GALBUT JEWISH
LEARNING CENTER CHABAD, PROVIDED THAT THE FUNDS BE
STRICTLY USED TOWARDS SECULAR PROGRAMMING AND SERVICES.
ANALYSIS
Pursuant to the request of Commissioner Kristen Rosen Gonzalez, the above-referenced
Resolution is submitted for consideration by the Mayor and City Commission at the February 1,
2023 Commission meeting.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
The fiscal impact of this measure is $25,000 annually.
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Kristen Rosen Gonzalez
ATTACHMENTS:
Description
Page 816 of 1420
o Resolution
Page 817 of 1420