HomeMy WebLinkAboutOrdinance 2023-4569 ORDINANCE NO. 2023-4569
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," BY CREATING SUBSECTION 2-22(23) TO
PROVIDE THAT AS A CONDITION OF SUBMITTING AN
APPLICATION FOR APPOINTMENT TO A CITY AGENCY,
BOARD, OR COMMITTEE, AN APPLICANT MUST
VOLUNTARILY AGREE THAT IN THE EVENT THE APPLICANT
FILES WITH THE CITY CLERK A STATEMENT OF
CANDIDATE, FORMALLY ANNOUNCING CANDIDACY FOR
CITY ELECTIVE OFFICE, SUCH FILING SHALL BE DEEMED A
TENDER OF RESIGNATION FROM SUCH CITY AGENCY,
BOARD OR COMMITTEE; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, various jurisdictions including Miami-Dade County and the City of Miami
prohibit members of agencies, boards, and committees from becoming candidates for elective
office during their terms, and provide that a candidacy for elective office is deemed a tender of
resignation from such agency, board, or committee; and
WHEREAS, this Ordinance amends Section 2-22 of the City Code by providing that as a
condition of applying for appointment to a City agency, board, or committee, each applicant
must voluntarily agree that in the event the applicant files with the City Clerk a 'Statement of
Candidate, formally announcing candidacy for City elective office, such filing shall be deemed a
tender of resignation from such City agency, board or committee.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Section 2-22 of Article III, 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:
23)Commencing with terms beginning on or after January 1, 2024, and as a condition
of applying for appointment to a City agency, board, or committee, each applicant
must voluntarily agree, in writing, that in the event the applicant files with the City
Clerk a Statement of Candidate formally announcing candidacy for City elective
office, such filing with the City Clerk shall be deemed a tender of resignation from
the City agency, board or committee, and the member's automatic resignation
shall thereby immediately create a vacancy in the agency, board, or committee.
SECTION 2. REPEALER
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
remainder shall not be affected by such invalidity.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on January 1, 2024.
PASSED AND ADOPTED this day of S�� m � , 2023.
ATTEST:
Dan Gelber, Mayor
SEP 2 0 2023
Rafael E. Granado, City Clerk
.1KORP DRAT D.'•
(Sponsored by Commissioner David Richardson) 'cN? =-
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
a ?- 14 - 'Z3
City Attorney Date
0(dInances-R5 A
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: September 13, 2023
10:15 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," BY
CREATING SUBSECTION 2-22(23) TO PROVIDE THAT AS A CONDITION
OF SUBMITTING AN APPLICATION FOR APPOINTMENT TO A CITY
AGENCY, BOARD, OR COMMITTEE,AN APPLICANT MUST VOLUNTARILY
AGREE THAT IN THE EVENT THE APPLICANT FILES WITH THE CITY
CLERK A STATEMENT OF CANDIDATE, FORMALLY ANNOUNCING
CANDIDACY FOR CITY ELECTIVE OFFICE, SUCH FILING SHALL BE
DEEMED A TENDER OF RESIGNATION FROM SUCH CITY AGENCY,
BOARD OR COMMITTEE; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
WA
FINANCIAL INFORMATION
WA
Is this a"Residents Right Does this item utilize G.O.
to Know" atom, pursuant to Bond Funds?
City Code Section 244?
No No
Legislative Tracking
Office of the CityAttomey
Page 1279 of 2938
Sponsor
Vice-Mayor David Richardson
ATTACHMENTS:
Description
o Commission Memorandum
o Ordinance
Page 1280 of 2938
OFFICE OF THE CITY ATTORNEY
RAFAEL A.PAZ,CITY ATTORNEY
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
Alina T. Hudak, City Manager
SECOND READING
FROM: Rafael A. Paz, City Attorney
DATE: September 13, 2023
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 1, ENTITLED "GENERALLY," BY AMENDING SECTION 2-22
THEREOF, ENTITLED "GENERAL REQUIREMENTS," BY CREATING
SUBSECTION 2-22(23) TO PROVIDE THAT AS A CONDITION OF
SUBMITTING AN APPLICATION FOR APPOINTMENT TO A CITY AGENCY,
BOARD, OR COMMITTEE, AN APPLICANT MUST VOLUNTARILY AGREE
THAT IN THE EVENT THE APPLICANT FILES WITH THE CITY CLERK A
STATEMENT OF CANDIDATE, FORMALLY ANNOUNCING CANDIDACY FOR
CITY ELECTIVE OFFICE, SUCH FILING SHALL BE DEEMED A TENDER OF
RESIGNATION FROM SUCH CITY AGENCY, BOARD OR COMMITTEE; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE
The proposed Ordinance, sponsored by Vice-Mayor David Richardson, was approved on first
reading at the July 26, 2023 City Commission meeting. No changes have been made between
first and second reading.
Various jurisdictions, including Miami-Dade County and the City of Miami, prohibit members of
agencies, boards, and committees from becoming candidates for elective office during their
terms, and provide that a candidacy for elective office is deemed a tender of resignation from
such agency, board,or committee.
The proposed Ordinance would take effect on January 1, 2024 and would apply to all new
appointments to City boards and committees made after January 1, 2024. The Ordinance
provides that as a condition of applying for appointment to a City agency, board, or committee,
each applicant must voluntarily agree that in the event the applicant files with the City Clerk a
Statement of Candidate, formally announcing candidacy for City elective office, such filing shall
be deemed a tender of resignation from such City agency, board or committee.
RAP/FA/ag
Page 1281 of 2938