R5Q-Amend Chapter 2 Term Of Office Of At-Large Commission Appointees -Bower-·.' "
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR MATTI HERRERA BOWER FIRST READING
FROM:
MEMBERS OF THE CITY C. OMM.I.SS:PIO. N) CITY MANAGER JIMMY MORAL .
,,1 ,'
CITY ATTORNEY JOSE SeTH .. ·. . . .. / /
OCTOBER 16, 2013 . . . ..--DATE:
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE
OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 2,
ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill,
ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY
AMENDING SECTION 2-22, ENTITLED "GENERAL
REQUIREMENTS," TO AMEND THE EXCEPTIONS FOR THE
TERM OF OFFICE OF AT-LARGE COMMISSION APPOINTEES
WHEN AN APPOINTEE IS APPOINTED TO FILL AN UNEXPIRED
TERM; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
At the request of Mayor Matti Herrera Bower, the attached Ordinance is submitted for
consideration by the Mayor and City Commission on First Reading.
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Agenda Item Rs-Q
Date /0-{frt a
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jimmy Morales, City Manager
From: Matti Herrera Bower, Mayor
Date: October 8, 2013
Re: Ordinance to address term limits when new appointees fill unexpired terms of
previous members.
Please place on the October 16, 2013 City Commission agenda for first reading the attached
Ordinance amending Chapter 2 , Article Ill, section 2-22, of our City Code to amend the
exceptions for the term of office of at-large commission appointees when an appointee is
appointed to fill an unexpired term.
The intent of this amendment is to ensure that those who volunteer to serve on our Boards and
Committees are not penalized in their ability to serve at least six years, without a two-year hiatus,
by filling an unexpired term.
Should you have any questions, please contact Gabrielle Redfern at extension 6157.
Thank you.
MHB/ fgr
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ORDINANCE NO. -------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
SECTION 2-22, ENTITLED "GENERAL REQUIREMENTS," TO AMEND
THE EXCEPTIONS FOR THE TERM OF OFFICE OF AT-LARGE
COMMISSION APPOINTEES WHEN AN APPOINTEE IS APPOINTED
TO FILL AN UNEXPIRED TERM; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission deem it in the best interest of City
agencies, boards, and committees for at-large appointees to serve the remainder of any
unexpired term to which they may be appointed, as well as be eligible to serve at least six
years, without a two year hiatus, on City agencies, boards, or committees.
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 Ill, entitled "Agencies, Boards and Committees," of Chapter 2, entitled
"Administration," of the Code of the City of Miami Beach, Florida is hereby amended as follows:
CHAPTER 2
Administration
* * *
ARTICLE Ill. Agencies, Boards and Committees
* * *
Division 1. Generally
Sec. 2-22. General requirements.
Except as otherwise specifically provided:
* * *
{5) All ad hoc agency, board and committee terms shall be one year; all other agency,
board and committee terms shall be two years, expiring on December 31 and
commencing on January 1.
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a. Members appointed by individual city commissioners (referred to as "direct
appointees") to a specific agency, board or committee shall serve for no more
than eight consecutive years on such agency, board or committee.
Notwithstanding any other provision of the city Code or of any resolution,
commencing with terms beginning on or after January 1, 2007, the term of
every board member who is directly appointed by a member of the city
commission shall automatically expire upon the latter of: December 31 of the
year the appointing city commissioner leaves office or upon the
appointment/election of the successor city commission member.
b. Members appointed by the city commission as a whole (referred to as "at-
large appointees") to any agency, board or committee shall serve for no more
than six years on any agency, board or committee as an at-large appointee.
Nothing set forth in this subsection shall prohibit any individual from being
reappointed (and serving up to six years) to any at-large position after a
hiatus of two years. 1=4owe'Jer, inelivielblals serving en an agency bsarel or
sommit4:ee who will have othem.'ise serveel six years as of December 16,
2QQ6, may serve the remaineler sf their existing term.
Term limits set forth in subsections (S)a. and b. of this section shall be
measured retroactively from an individual's initial appointment to membership
on an agency, board or committee.
Exceptions to subsection (S)b. of this section shall only be permitted as
follows:
11 if it is determined by the city commission that an agency, board or
committee requires the membership of a registered architect or
registered landscape architect who does not otherwise comply with
the terms of subsection (S)b. hereinabove; or
ill if a member is appointed to fill an unexpired term, in which case the
member may serve the remainder of the unexpired term and up to six
years as an at-large appointee.
* * *
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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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.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the ___ day of _________ , 2013.
PASSED and ADOPTED this ___ day of---------' 2013.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions
Strike through denotes deletions
(Sponsored by Mayor Matti Herrera Bower)
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MATTI HERRERA BOWER
MAYOR
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