191 RESOLUTION NO. ______ _
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3 A Resolution instructing the City Clerk to cease the forwarding of One Way
4 Communication of a Commissioner to other members of the City
5 Commission or to the City Attorney.
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7 WHEREAS, the City of South Miami ("City") has allowed one way communication of
8 an informational nature to be sent through the City Clerk to members of the Commission; and
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10 WHEREAS, the City Clerk has been burdened with the task of examining the
11 communication to insure that it is appropriate and to insure that it will not foster any responses
12 by other members of the City Commission in violation of the Sunshine Law; and
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14 WHEREAS, the City Clerk has had to rely on the legal opinions of the City Attorney
15 with regard to the forwarding of one way communication; and
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17 WHEREAS, the City Attorney has had to expend valuable time reviewing and editing
18 the one way communication so as to avoid a violation of the Sunshine Law.
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20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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23 Section 1: The City Clerk is hereby instructed to cease forwarding one way
24 communication from a member of the Commission and the City Commission as a whole, or from
25 any member of any other City of South Miami public body, such as boards and committees, to
26 their board or committee members as a whole and from forwarding anyone way communication
27 to the City Attorney for his review. The City Attorney is hereby instructed to cease further
28 review of one way communication sent to him by a Commission member or any member of any
29 other City of South Miami public body, such as boards and committees, for the purpose of
30 forwarding the communication to the members as a whole of said member's public body.
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32 Section 3: If any section clause, sentence, or phrase of this resolution is for any reason
33 held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
34 the validity of the remaining portions of this resolution.
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36 Section 4. This resolution shall become effective immediately upon adoption by vote of
37 the City Commission.
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39 PASSED AND ADOPTED this __ day of ,2012.
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42 ATTEST: APPROVED:
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46 CITY CLERK MA YOR
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READ AND APPROVED AS TO FORM, COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
CITY ATTORNEY Commissioner Welsh:
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