R5B-Amend Ch 2 Requirements For Meeting Agenda Items -Steinberg-r.-,.-.
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OFFICE OF THE CITY ATTORNEY
RAULJ. AGUILA, CIry ATTORNEY
TO:
COMMISSION MEMORANDUM
Mayor Philip Levine
Members of the City Commission
Gity Manager Jimmy Morales
FROM:
DATE: April 15,2015
SUBJEGT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE
clTY oF MIAM| BEACH, ENTITLED "ADMINISTRATION," BY AMENDING
ARTIGLE I!, ENTITLED "GIry COMMISSION," BY AMENDING SECTION 2.12,
ENTITLED "MEETING AGENDAS" BY PROVIDING REQUIREMENTS FOR
MEETING AGENDA ITEMS AND THE EFFECT OF NONCOMPLIANGE,
ADDING SUBSECTION HEADINGS, AND RE.LETTERING SUBSECTIONS;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFIGATION, AND
AN EFFECTIVE DATE.
Pursuant to the request of Commissioner Micky Steinberg, the attached
Ordinance is submitted for consideration by the Mayor and City Commission. The
proposed Ordinance provides greater transparency, efficiency, and meaningful
participation by the members of the City Commission and the public with regard to items
published in City Commission meeting agendas. The Ordinance amends the provisions
in Section 2-12 of Article Il, Chapter 2 of the City Code to require that items published in
a City Commission agenda shall include reasonably sufficient detail and information to
inform the City Commission and the public regarding the subject matter of the items in a
timely manner.
The Ordinance also provides minor housekeeping amendments by adding
subsection headings and relettering subsections. On first reading, the Ordinance was
amended by adding subsection 2-12(d) which provides that a failure to comply with the
city Attorney Raut J. Aguit;R Qgt l-a="oND READTNG /
Gity Clerk Rafael E. Granado U PUBLIC HEARING
Agenda ltem R,SB
Date Y-t s-,5301
provisions in Section 2-12 shall not invalidate any action or determination of the City
Commission or any City personnel, board, or committee.
As this Ordinance codifies housekeeping amendments and a best practices
policy, no fiscal impact is expected.
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302
ORDINANCE NO.
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," BY AMENDING
SECTION 2-I2, ENTITLED "MEETING AGENDAS" BY
PROVIDING REQUIREMENTS FOR MEETING AGENDA
ITEMS AND THE EFFECT OF NONCOMPLIANCE, ADDING
SUBSECTION HEADINGS, AND RE.LETTERING
SUBSECTIONS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, in order to foster greater transparency, efficiency, and meaningful
participation by the City Commission members and by the public with regard to City
Commission meeting agenda items, the Mayor and City Commission wish to establish a best
practices requirement that items published in a City Commission meeting agenda shall include
sufficient detail and information for the City Commission and the pubic to evaluate the agenda
items in a reasonable and timely manner.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 2-12 of Article II of Chapter 2 of the Code of the City of Miami
Beach, Florida, is hereby amended as follows:
CHAPTER 2
ADMINISTRATION
,F ,t ,1.
ARTICLE II. CITY COMMISSION
Sec. 2-12. Meeting 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
303
(b) Ordinance and charter amendment sponsors: Any proposed ordinance or charter
amendment that appears on the agenda of a city commission meeting for discussion and/or
approval by the mayor and city commission must have the rulme of the mayor and/or one or
more members of the city commission, placed prominently next to it as the sponsor of the
legislation. This requirement also applies to ordinances or charter amendments on any agenda of
a committee of the city commission.
(e) The following are excepted from the requirements of this subsection:
(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.
(2) Resolutions, discussion items not scheduled for first reading as an ordinance and
referrals to boards or committees proposed by the city manager or city attorney.
(c.) ,4genda irezs.' 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.
(d) 4ffecr: The validity of an), action or determination of the City Commission or City
personnel. board" or committee shall not be affected bv the failure of any person to comply with
the provisions of this section.
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. 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 part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
304
SECTION 5. EFFECTIVE DATE.
Thisordinanceshalltakeeffectonthedayof-,20|5.
PASSED AND ADOPTED this _ day of _,2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
Underline denotes additions
S+ri*e+*eugh denotes deletions
(Sponsored by Commissioner Micky Steinberg)
APPROVED AS TO
FORM & TANGUAGE
& FOR EXECUTION#jw,y
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305
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