LTC 396-2020 Procedures for City Public MeetingsDocuSign Envelope ID: BC2C9C9D-FEA7-43B81-853E-BD475907A7EA
MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. L Tc# 396-2020 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
j¡DocuSigned by:
Ro. Jmmy t. Morates. cy wanes [_1 """
DATE: November 4, 2020
SUBJECT: Procedures for City Public Meetings
The purpose of this Letter to the Commission ("LTC") is to update the Mayor and City
Commission on procedures established for City public meetings in order to protect the
health and safety of the community.
On October 28, 2020 the City Commission adopted Resolution 2020-31474, establishing
and clarifying standards and procedures for attendance at meetings upon the expiration
of Governor Desantis' Emergency Order No. 20-69 (attached), which authorized virtual
City public meeting.
Effective November 1, 2020:
• The City's Advisory Boards and Committees subject to the Resolution, including the
City Commission Committees ( consisting of the Finance and Economic Resiliency
Committee, the Land Use and Sustainability Committee, and the Neighborhood and
Quality of Life Committee) shall continue to meet virtually.
• The City Commission and City Land Use Boards ( consisting of the Board of
Adjustment, Planning Board, Design Review Board, and Historic Preservation Board)
shall maintain a physically-present quorum at meetings requiring action, with
remaining City Commission and Land Use Board members who are not physically
present to participate virtually.
• The Mayor and City Commission waive, during this public health emergency, all
applicable requirements within the City's Charter, Code of Ordinances, Resolutions,
or other City policy that may require the physical presence of a quorum/board
members or Charter Officers/staff at any said City public meeting.
• All virtual meetings/participation shall continue to be compliant with the Florida
Constitution and Florida's Government in the Sunshine Law, Chapter 286 Florida
Statutes.
If you have any questions, please contact City Clerk Rafael E. Granado or Chief of Staff
Marcia Monserrat.
1
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RESOLUTION NO. 2020-31474
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, FURTHER ADDRESSING THE ONGOING COVID-19
PUBLIC HEALTH EMERGENCY FOR PURPOSES OF SAFEGUARDING THE CITY'S
HEALTH, SAFETY AND WELFARE AND SERVING A PUBLIC PURPOSE IN THE
BEST INTEREST OF THE CITY BY PROVIDING THAT: 1) THE CITY'S ADVISORY
BOARDS AND COMMITTEES SUBJECT HEREIN, AS WELL AS THE CITY'S
CHARTER OFFICERS (CITY MANAGER, CITY ATTORNEY, CITY CLERK AND
INSPECTOR GENERAL) AND THEIR ST AFF, SHALL CONTINUE TO MEET
VIRTUALLY, CONSISTENT WITH THE DICTATES STATED IN THIS RESOLUTION;
2) COMMENCING NOVEMBER 1, 2020, THE CITY COMMISSION AND CITY LAND
USE BOARDS (CONSISTING OF THE BOARD OF ADJUSTMENT, PLANNING
BOARD, DESIGN REVIEW BOARD AND HISTORIC PRESERVATION BOARD)
SHALL MAINTAIN PHYSICALLY-PRESENT QUORUMS AT MEETINGS
REQUIRING ACTION, WITH REMAINING CITY COMMISSION AND LAND USE
BOARD MEMBERS WHO ARE NOT PHYSICALLY PRESENT TO PARTICIPATE
VIRTUALLY, DUE TO THE EXTRAORDINARY CIRCUMSTANCES PRESENTED BY
THE CURRENT PUBLIC HEALTH EMERGENCY; 3) WAIVER OF APPLICABLE
REQUIREMENTS WITHIN THE CITY'S CHARTER, CODE OF ORDINANCES,
RESOLUTIONS OR OTHER CITY POLICY THAT MAY REQUIRE THE PHYSICAL
PRESENCE OF QUORUM/BOARD MEMBERS OR CHARTER OFFICERS/ST AFF AT
ANY SAID PUBLIC MEETINGS; 4) ALL VIRTUAL MEETINGS/PARTICIPATION
SHALL CONTINUE TO BE COMPLIANT WITH THE FLORIDA CONSTITUTION AND
FLORIDA'S GOVERNMENT IN THE SUNSHINE LAW, CHAPTER 286 FLORIDA
STATUTES; 5) THE TERMS OF THIS RESOLUTION SHALL BE INCORPORATED
INTO THE CITY MANAGER'S DECLARATION OF EMERGENCY, FOR
IMPLEMENTATION COMMENCING NOVEMBER 1, 2020 AND CONTINUING UNTIL
THE CURRENT CITYWIDE ST ATE OF EMERGENCY HAS ENDED; AND
PROVIDING FOR SEVERABILITY.
WHEREAS, following the COVID-19 Statewide Emergency declared by Governor Ron
Desantis on March 9 2020 via Executive Order 20-52, the Miami Beach City Manager declared
on March 12, 2020 a State of Emergency for the City of Miami Beach, which Declaration of
Cityw ide Emergency has been extended to-date by the City Commi ssion'; and
WHEREAS, on March 20, 2020, the Governor issued Executive Order No. 20-69 which
suspended any Florida Statute that" ... requires a quorum to be present in person or requires a local
governm ent body to meet at a specific public place ...", and authorized local government bodies to
conduct meetings remotely, utilizing comm unications media techn ology, such as telephonic and
video conferencing meetings; and
1 CMB Resolution No. 2020-31463, adopted by the City Commission on October 14, 2020, extended the
City Manager's Declaration of Emergency to November 18, 2020.
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WHEREAS, since issuance of the Governor's EO 20-69, the City has conducted all of its
City Commission and Board and Committee meetings remotely, in accordance with the City's
procedural safeguards2 for ensuring full transparency in compliance with the Florida Constitution
and Florida's Government in the Sunshine Law, Chapter 286 Florida Statutes; and
WHEREAS, significantly, of the 310 virtual public meetings conducted by the City since
EO-20-69's issuance, the City has not received any complaints regarding its process for conducting
said meetings; and
WHEREAS, on September 30, 2020, the Governor issued Executive Order No. 20-246,
extending Executive Order 20-69 until 12:01 a.m. on November 1, 20203; and
WHEREAS, the November 1, 2020 expiration of EO 20-69 presents an imminent health
threat to the City of Miami Beach, as the need to suspend in-person quorum requirements for the
City's public bodies will be no less compelling after November 1, 2020 than as presently exists;
and
WHEREAS, the City remains in a State of Emergency due to the COVID-19 pandemic;
and
WHEREAS, the impact of this health emergency is particularly significant in our tourist
destination and, further, because the City's Boards and Committees are composed in large part
with members of at-risk groups (over age 65 or with pre-existing conditions), or those who live
with at-risk individuals, or who had members that may have been subject to quarantine for
exposure and thus unable to attend in person"; and
WHEREAS, relevant opinions of the State's Attorney General have concluded that a
quorum of a public body must be physically present in order to allow members, who due to
2 Though the move to remote meetings required changes to the City's meeting practices and procedures,
these changes were done consistent with the existing laws and statutes governing public access.
3 NOTE: Per Section 2 of EO 20-246: This order shall not apply to election canvassing boards."
4 Countless City board and committee members have informed City personnel that they will not be attending
in-person meetings post-November l, due to the public health emergency.
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"extraordinary circumstances" are unable to physically attend the meeting, to appear and
participate electronically"; and
WHEREAS, the subject relevant Attorney General opinions, however, are expressly based
upon a "conservative interpretation"" of the law that applies exclusively to meeting requirements
for "governing bodies"7 such as the City Commission, not to City boards or committees; and
WHEREAS, furthermore, the Attorney General's "conservative interpretation" is based
upon "concerns about the validity of official actions taken by a public body when less than a
quorum is present", which concerns have been addressed by the City via its creation and
enforcement of Sunshine Law procedural safeguards for virtual meetings ( enacted following the
Governor's authorization for remote meetings in his EO 20-69), with no related
concerns/controversy having been expressed by the public; and
WHEREAS, as such, in his legal analysis of the Sunshine Law and related Constitutional
open government requirements8 as well as statutory requirements applicable to actions of
municipal bodies, the City Attorney has advised the City Commission that despite the Attorney
General's opinions advising that a quorum be present in order to conduct remote meetings of all
public boards and committees, these State laws do not expressly prohibit remote electronic
participation for the City's advisory boards and committees9; and
WHEREAS, in accordance with § 252.38, Florida Statutes, the Governor's Executive
Order No. 20-52 authorized the City to waive the procedures and formalities otherwise required
5 The Attorney General's most recent opinion on this issue, issued March 19, 2020 (immediately prior to
the Governor's EO 20-69), advised that local government bodies could meet remotely, if authorized by
statute or state of emergency declaration. AGO 2020-03.
6 See, Fla. AGO 2001-66: " ... concerns about the validity of official actions taken by a public body when
less than a quorum is present argue for a very conservative reading of the statute"; and Fla. AGO 2010-34:
"For meetings where a quorum is required, this office has consistently suggested a conservative
interpretation of the requirement to ensure the validity of official actions taken by a public body. This office
has concluded that, in the absence of a statute to the contrary, the requisite number of members must be
physically present at a meeting in order to constitute a quorum."
7 Florida Statutes Section 166.041 ( 4): "A majority of the members of the governing body shall constitute a
quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt
any resolution...". (Emphasis added.)
8 See, Article I, section 24, Florida Constitution, ensuring a right of access to meetings of collegial public
bodies.
9 All references in this Resolution to the City's "advisory boards and committees" concern those bodies set
forth in the City Code, at subparts A and B, as well as the Mayor's City Commission Committees.
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of the City by law: "...pertaining to the ... performance of public work and taking whatever
prudent action is necessary to ensure the health, safety, and welfare of the community""; and
WHEREAS, for reasons directly related to combating effects of the existing public health
emergency including, but not limited to, fostering adequate social distancing, protecting those who
may be at a greater risk for severe effects from COVID-19, and ensuring the continued business
of the City's advisory boards and committees, the City Commission hereby determines that a
public purpose is served and it is in the public interest during this public health emergency to
continue allowing members of the City's advisory boards and committees to attend their public
meetings virtually (by phone or video conferencing) in light of the extraordinary circumstances
presented by the current health emergency, and thus waives any and all applicable requirements
within the City's Charter, Code of Ordinances, Resolutions or other City policy that may require
the physical presence of a quorum and/or board members' physical presence at any said public
meeting11; and
WHEREAS, the above waiver and determination of public purpose served shall apply as
well during this public health emergency to any and all requirements within the City's Charter,
Code of Ordinances, Resolutions or other City policy that may require the physical presence at
public meetings of the Charter Officers (City Manager, City Attorney, City Clerk and Inspector
General) and their staff, as the City Commission finds a public purpose is served and it is in the
public interest to continue allowing their virtual attendance in light of the extraordinary
circumstances presented by the current health emergency, except when otherwise directed by the
City Commission; and
WHEREAS, notwithstanding the above, the City Commission recognizes that unlike the
City's advisory boards, actions taken by the City Commission and the City's Land Use Boards
( consisting of the Board of Adjustment, Planning Board, Design Review Board and Historic
Preservation Board) are binding/non-advisory on City policy and legislation and, as such, the City
Commission determines that it serves the public interest to take a heightened, more conservative'
approach with regard to the issue of "physical presence" at those meetings in order to insulate
1° Fla. Stat. sec. 252.38(3)(a)5a. See also, AGO 2004-58 in which the Attorney General has seemingly
confirmed the applicability of municipal emergency powers under Florida Statutes Chapter 252 to the
partial waiver of Sunshine Law: "...The waiver of the notice requirements required under the Sunshine
Law is not among those listed, although the statute does recognize the authority of the political subdivision
to take whatever prudent action is necessary to ensure the health, safety, and welfare of the community.
9
' Provisions of law establishing the number of members required to constitute a quorum for each of the
subject boards or comm ittees remain in effect and are unaffected by this Resolution.
12 Adoption of this conservative approach is not to be interpreted as concession on the City's part of a legal
requirement for physical presence of City personnel at its public meetings.
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decisions made and forestall potential legal challenges, which challenges can cause additional
disruptions to City government to those presently encountered by the City due to the public health
emergency; and
WHEREAS, accordingly, the City Commission deems a public purpose is served and it is
in the public interest to impose stricter requirements (than established above for the City's advisory
boards), by requiring a physically-present quorum at City Commission and Land Use Board
meetings requiring action, while allowing those remaining members who are not physically present
to participate virtually in light of the extraordinary circumstances presented by the current health
emergency; and
WHEREAS, all virtual public meetings of the City of Miami Beach shall remain subject
to, and be otherwise compliant with, the Florida Constitution and Florida's Government in the
Sunshine Law, Chapter 286 Florida Statutes; and
WHEREAS, it is the intent of the City Commission that the terms of this Resolution shall
be incorporated into the City Manager's Declaration of Emergency for implementation
commencing November 1, 202013, and continue until the current Citywide State of Emergency has
ended; and
WHEREAS, if any section, sentence, clause or phrase of this Resolution 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 Resolution.
NOW, THEREFORE, BE IT DUL Y RESOL VED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby determine that a public purpose is served and it is in the public interest in
order to ensure the health, safety and welfare of our community in the face of the ongoing COVID-
19 public health emergency that: 1) the City's Advisory Boards and Committees subject herein, as
well as the City's Charter Officers (City Manager, City Attorney, City Clerk and Inspector
General) and their staff, shall continue to meet virtually, consistent with the dictates stated
hereinabove; 2) commencing November 1, 2020, the City Commission and City Land Use Boards
( consisting of the Board of Adjustment, Planning Board, Design Review Board and Historic
Preservation Board) shall maintain a physically-present quorum at meetings requiring action, with
remaining City Commission and Land Use Board members who are not physically present to
participate virtually due to the extraordinary circumstances presented by the current health
The November 1 2020 expiration date of the Governor's EO 20-69 is intended as a condition precedent
to this Resolution; in the event EO 20-69 is extended in its entirety beyond November 1, 2020, the terms of
this Resolution shall not take effect on said date, and all public meetings of the City shall continue to be
held virtually with City personnel's remote attendance, consistent with EO 20-69.
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emergency; 3) the City Commission thus waives any and all applicable requirements within the
City's Charter, Code of Ordinances, Resolutions or other City policy that may require the physical
presence of quorum/board members or Charter Officers/staff at any said public meeting; 4)
providing that all virtual meetings/participation shall continue to be compliant with the Florida
Constitution and Florida's Government in the Sunshine Law, Chapter 286 Florida Statutes; and 5)
the terms of this Resolution shall be incorporated into the City Manager's Declaration of
Emergency, for implementation commencing November 1, 2020 and continue until the current
Citywide State of Emergency has ended.
, Olahe PASSED and ADOPTED this day of ,2020.
ATTEST:
RA#KEE E!5GR A»Ao
CITY CLERK
DAN GELBER
MAYOR
APPROVED AS TO
FORM & LANGUAGE
4 F9\ curo
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City Attomey Dato
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