R7H-Establish Procedures For Calling Special Meetings Of The City CommissionOFFICE OF THE CITY ATTORNEY
JOSE
TO:
FROM:
DATE:
SUBJECT:
CTY ATTORNEY
MAYOR MATTI HERRERA BOWER,
MEMBERS OF THE CITY COMMISSION
KATHIE BROOKS, INTERIM Cl GER
JOSE SMITH //~.//. ,,..J,
CITY ATTOR~~·d/./
October 24, 201~····
A RESOLUTION ESTABLISHING PROCEDURES FOR CALLING
SPECIAL MEETINGS OF THE CITY COMMISSION BY A
MAJORITY OF THE MEMBERS OF THE CITY COMMISSION
PURSUANT TO SECTION 2.04 OF THE MAMI BEACH CHARTER
In the Special Election held on August 1 2012, a ballot question was approved by the
electorate of the City of Miami Beach which amended Section 2.04 of City of Miami Beach
Charter to provide for an additional method of calling a special meeting of the City Commission by
a majority of the members the City Commission. The Charter amendment also provides that
special meetings may be called upon written notice to the City Clerk and in accordance with the
procedure set forth in a resolution of the City Commission. The attached Resolution sets forth
procedures for the calling of a special meeting of the City Commission by a majority of the
members of the Commission and is submitted for consideration by the Mayor and City
Commission.
486
Agenda Item B 7 H
Date Jo~JV-1 &
RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ESTABLISHING, PURSUANT TO CITY
CHARTER SECTION 2.04, PROCEDURES FOR
CALLING SPECIAL MEETINGS OF THE CITY
COMMISSION BY A MAJORITY OF THE MEMBERS OF
THE CITY COMMISSION.
WHEREAS, 2.04 of the Miami Beach provides
City Manager may call special meetings of Commission upon at least twenty-four
written notice to member, served personally, or left at his [/her] place
WHEREAS, in a Special Election held on August 14, 2,
electorate of the City Miami Beach, which provides
calling a special meeting of the Commission a majority of the
Commission:
Shall Section the Miami Beach be
amended to provide that, in addition to being by the
Mayor or City Manager, special meetings of the City
Commission may be called by a majority of the members
of the Commission upon written notice to City Clerk
and in accordance with the procedures set forth in a
resolution of the City Commission; and
WHEREAS, pursuant to City of Miami Beach No. 2012-28004, was
passed and adopted by Beach City Commission on September 12, Miami
Commission adopted the Miami-Dade County Canvassing Board's Certification
Official Results of the August 14, 2012 Election for the above-stated City of
Beach ballot question and declared the results thereof; and
WHEREAS, Section 2.04 of the Miami Beach Charter has now been amended to
the language:
... In addition, special meetings of the City Commission
may be called by a majority of members of the
Commission upon written notice the City Clerk and in
accordance with the procedures set forth in a
the City Commission"; and
WHEREAS, following procedures for calling a special meeting by a of the
members of Miami Beach City Commission are hereby adopted in accordance with the
above-stated Charter Amendment approved by the electorate in the August 1 2012
Miami Beach Special Election:
487
Procedures for the Calling of Special Meetings of the City Commission
by a Majority of the Members of the Commission.
Pursuant to Section 2.04 of the City Charter
A special the City Commission may be called by a
members of the Commission. A special meeting shall be called whenever
or more members of the City Commission individually serve a written signed
request for a meeting upon the City Clerk by hand-delivery. The written
request shall state purpose(s) of the Special Meeting. The signature of the
Mayor or a Commissioner on such request shall constitute a
representation that the member of the City Commission intends to attend the
Special Meeting.
Upon receipt of the initial signed written request for a Special Meeting
a member of City Commission, the City Clerk immediately send
notice to the entire City Commission, as well as to the City Manager and
the City Attorney. After receipt of a total of four or more written requests for a
special meeting, City Clerk shall schedule the Special Meeting and shall
serve and written notice (by hand-delivery or each of
City Commission, the City Manager and the City Attorney, stating the date,
hour, and place of the Special Meeting, and the purpose(s) for which
Special Meeting is called. The City Clerk shall further provide the public with
Notice of the Meeting by publishing of the Special Meeting Notice on
City of Miami Beach's website, and shall also provide newspaper publication
of the Special Meeting when are at least seven business days
from Clerk's scheduling of the Special Meeting to the date of the Special
Meeting. At least 24 hours must elapse between the time the City Clerk receives
four signed written requests for the Special Meeting and the time Special
Meeting is to be held. The City Commission chambers shall be made available
for a special meeting whenever such a meeting is called. No business other than
the purpose(s) stated in the Clerk's Notice of Special Meeting shall be transacted
at the Special Meeting. If after reasonable diligence, it is impossible to give notice
to each Commissioner, such failure shall not affect the legality of the Special
Meeting if a quorum is present The minutes of each special meeting shall show
manner and method by which notice of such special meeting was given to
each member of the Commission.
A special meeting of the City Commission called pursuant to this
Resolution may be cancelled as follows:
(1) By motion adopted at a regular Commission meeting by a
majority of the City Commission members present; or
(2) By service upon the Clerk of signed, written requests for
cancellation of the special meeting from at least four members
the City Commission.
When a special meeting pursuant to this Resolution is cancelled, the City Clerk
shall provide notice of said cancellation to each member of the City Commission,
the City Manager, City Attorney, and shall further provide the public with
cancellation notice of the Special Meeting.
488
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
the for the calling of special meetings by a majority of the members of
Commission as set forth herein.
PASSED AND ADOPTED this_ day of October, 2012.
ATTEST:
Rafael Granado
Clerk
Matti Herrera Bower
Mayor
489