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1 RESOLUTION NO. _____ _
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3 An Ordinance amending South Miami Code of Ordinances, Chapter 2, Article I,
4 Sec. 2-2.1(K)(1) prohibiting the sending and receiving of electronic communication
5 by a Commission member while the member is sitting on the dais during a
6 Commission meeting.
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9 Whereas, Commissioners have expressed disapproval with the use of electronic communication
10 devices by members of the City Commission during commission meetings for sending and receiving
11 electronic messages; and
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14 Whereas, the sending and receiving of electronic messages IS distracting to the other
15 COmmISsIoners.
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17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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20 Section 1: The South Miami Code of Ordinances, Chapter 2, Article I, Sec. 2-2.l(K) (1) shall be
. 21 amended as follows:
22 (K) DECORUM.
23 (1) By commission members. While the commission is in session, the members must
24 preserve order and decorum, and a member shall neither by conversation or otherwise
25 delay or interrupt the proceedings or the peace of the commission nor disturb any
26 member while speaking or refuse to obey the orders of the commission or its presiding
27 officer, except as otherwise provided. Commission members shall not send electronic
28 messages while sitting on the dais during a Commission meeting. Staff and employees shall not
29 send electronic communications or cause others to send communications on their behalf to
30 Commission member while the member is sitting on the dais during Commission meetings. If
31 a Commission member receives an electronic communication while sitting on the dais during
32 a Commission meeting, the member shall, on the next business day following the meeting,
33 forward that electronic communication to the City Clerk who shall forward it to the other
34 members of the Commission.
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36 Section 2: Codification. The provisions of this ordinance shall become and be made
37 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
38 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
39 "ordinance" may be changed to "section" or other appropriate word.
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41 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
42 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
43 shall not affect the v.alidity of the· remaining portions of this ordinance.
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1 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
2 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
3 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
4 that give the appearance of being in conflict when the two ordinances can be harmonized or
5 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
6 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
7 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
8 to harmonize the two ordinances shall be repealed.
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10 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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12 PASSED AND ENACTED this __ day of , 2012.
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14 ATTEST: APPROVED:
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18 CITY CLERK MA YOR
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20 1 st Reading
21 2nd Reading
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23 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
24 LANGUAGE, LEGALITY AND Mayor Stoddard:
25 EXECUTION THEREOF Vice Mayor Liebman:
26 Commissioner Newman:
27 Commissioner Harris:
28 Commissioner Welsh:
29 CITY ATTORNEY
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