10CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor, Vice Mayor and Members of the City
Commission
Cc: Maria Menendez, City Clerk
From: Thomas F. Pepe, City Attorney
ITEM No. __ /~O",---_ Date: November 21,2012
SUBJECT:
An Ordinance is being proposed to amend Section 2-2.1(C) of the Code of the City
of South Miami, entitled "Rules of procedure of city commission: Agenda"; and to
repeal Resolution 61-10-13095.
SUMMARY OF REQUEST:
Resolution 61-10-13095 implies that Section 2-2.1(C) is amended. However, a
resolution cannot amend an ordinance. Therefore, I am proposing enactment of the
attached ordinance and repeal of Resolution 61-10-13095.
Attached are:
1. proposed ordinance to amend Section 2-2.1(C); and
2. Resolution 61-10-13095
1 ORDINANCE NO. _____ _
2
3 An Ordinance amending Section 2-2.1 (C), titled "Rules of procedure of city
4 commission: Agenda" of the City's Code of Ordinances to establish a
5 procedure for advanced notice of add-on item(s) on the Official Agenda and
6 repealing Resolution 61-10-13095.
7
8 WHEREAS, the City Commission created Section 2-2.1 (C) of the Code of the City of
9 South Miami, entitled "Rules of procedure of city commission: Agenda"; and
10 WHEREAS, the City Commission has found the need for amending Section 2-2.1 (C)
11 titled "Rules of procedure of city commission: Agenda" in order to establish a procedure for
12 advanced notice of last minute adding of items onto the Official Agenda and to provide an
13 effective date.
14 WHEREAS, the City, by Resolution 61-10-13095 created a Temporary Procedural Rule
15 governing add-on agenda items;
16 WHEREAS, the City Commission desires to codify the Temporary Procedureal Rule set
17 forth in Resolution 61-10-13095;
18 NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE MAYOR AND THE
19 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
20 Section 1. Section 2-2.1 (C) titled "Rules of procedure of city commission: Agenda" of
21 the City's Code of Ordinances is hereby amended to read as follows:
22 "Sec. 2-2.1. -Rules of procedure of city commission.
23
24
* * *
25 AGENDA. There shall be an Oefficial Aagenda for every meeting of the Ceommission
26 which shall determine the order of business conducted at the meeting. The Ceommission
27 shall not take action upon any item, matter or item or business (City Business) which is not
28 listed upon the Oefficial Aagenda without approval of at least three (3) commissionefS
29 members present at such regular meeting to add such City Business to the Official Agenda.
30 The Official Aagenda shall be prepared by the clerk in appropriate form approved by the
31 Ceommission. Matters City Business may be placed on the agenda by the mayor, the city
32 manager, any commissioner, and the city attorney. A copy of the agenda shall be delivered
33 to each commissioner, the mayor, the city manager, and the city attorney at least seventy-
34 two (72) hours prior to any regularly scheduled meeting, and twenty-four (24) hours prior to
35 any special or workshop meeting. No business may be conducted at a special or workshop
36 meeting other than that for which this meeting was called. Any agenda item that has been
37 tabled vrithout a time certain shall automatically be removed if not acted upon daring the
38 three (3) succeeding regular commission meetings following the date of said tabling.
39 Except for emergencies, no item will be placed on the agenda of a regular meeting of
Page 1 of3
1 the commission which has not been delivered to the city clerk by noon on the
2 Wednesday preceding such regular meeting, excepting as provided in this subsection
3 22.1(C).
4
5 (1) Add-ons: No business shall be conducted at a special or regular meeting that is not
6 reflected in the Official Agenda unless the Official Agenda is amended or
7 supplemented to reflect additional business ("Add-on Items") to be conducted at said
8 meeting ("Add-on Agenda") and unless the Add-on Agenda is posted and delivered to
9 the City Commission. The Add-on Agenda must be posted on the City's website
10 and, at substantially the same time, it shall be forwarded to the members of the City
11 Commission before the commencement of the relevant meeting electronically or by
12 any comparable means. The City Clerk is further directed to make said add-on item(s)
13 available to the public at the entrance to the Commission Chambers during every
14 Commission meeting. The City Clerk shall after the roll is called, at any Commission
15 meeting, read into the record of such Commission meeting the title of the proposed
16 add-on item(s) sought to be placed on the agenda. Nothing herein shall affect the
17 requirement that any add-on item can only be placed on the agenda by the approval of
18 the majority vote of the City Commission.
19
20 (2) Workshops and special meeting: No City Business may be conducted at a special
21 or workshop meeting other than that for which this meeting was called.
22
23 (3) Removal of business: Any agenda item that has been tabled without a time certain
24 shall automatically be removed from the agenda if not acted upon during the three (3)
25 succeeding regular commission meetings following the date of said tabling. If a
26 proposed ordinance has been automatically removed for lack of action, it may only be
27 re-introduced as a first reading of the ordinance.
28
29 Section 2. Resolution 61-10-13095 is hereby repealed.
30
31 Section 3. Codification. The provisions of this ordinance shall become and be made
32 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
33 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
34 "ordinance" may be changed to "section" or other appropriate word.
35
36 Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is
37 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
38 shall not affect the validity of the remaining portions of this ordinance.
39
40 Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all
41 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
42 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
43 that give the appearance of being in conflict when the two ordinances can be harmonized or
44 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
45 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
Page 2 of3
1 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
2 to harmonize the two ordinances shall be repealed.
3
4 Section 6. Effective Date. This ordinance shall become effective upon enactment.
5
6
7 PASSED AND ENACTED this __ day of ,2012.
8
9 ATTEST: APPROVED:
10
11
12
13 CITY CLERK MAYOR
14 15t Reading
15 2nd Reading
16
17 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
18 LANGUAGE, LEGALITY AND Mayor Stoddard:
19 EXECUTION THEREOF Vice Mayor Liebman:
20 Commissioner Newman:
21 Commissioner Harris:
22 Commissioner Welsh:
23 CITY ATTORNEY
Page 3 of3
RESOLUTION NO. 61-10-13095
A resolution of the Mayor and City Commission of the City of South
Miami, Florida, establishing procedure for advanced notice of add-on
item(s) on the agenda; and providing an effective date.
WHEREAS, Section 2-2.1 (C) of the City of South Miami Code of Ordinances
provides that "the Commission shall not take action upon any matter or item or business
which is not listed upon the official agenda without approval of at least three (3)
Commissioners present at such regular meeting"; and,
WHEREAS, Section 2-2.1 (C) of the City of South Miami Code of Ordinances
further provides that "except for emergencies, no item will be placed on the agenda of a
regular meeting of the Commission which has not been delivered to the City Clerk by
noon on the Wednesday preceding such regular meeting"; and,
WHEREAS, the Mayor and City Commission wish to establish a procedure for
advanced notice of add-on item(s) on the agenda; and,
WHEREAS, the procedure for advanced notice of add-on item(s) on the agenda
shall consist in posting such item on the City's website (www.cityofsouthmiami.net).
and, at the same time, the item shall be electronically forwarded to the City Commission.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; that
Section 1. The above whereas clauses are incorporated by reference into the
body of this resolution.
Section 2. The Mayor and City Commission direct the City Manager, City
Attorney and City Clerk to ensure that the procedure for advanced notice of add-on
item(s) on the agenda be carried out, by posting such item on the City's website
(www.cityofsouthmiamLnet), and, at the same time, the item be electronically forwarded
to the City Commission.
Section 3. The City Clerk is further directed to make said add-on item(s)
available to the public at the entrance to the Commission Chambers during every
Commission meeting.
Section 4. The City Clerk shall after the roll is called, at any COlmnission
meeting, read into the record of such Commission meeting the title of the proposed add-
on item(s) sought to be placed on the agenda.
Section 5. Nothing herein shall affect the requirement that any add·on item
can only be placed on the agenda by the approval of the majority vote of the City
Commission.
Pg. 2 of Res. No. 61-10-13095
Section 6. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this J..L day of March, 2010.
ATTEST:
cJ#tiJ~7
READ AND APPROVED AS TO FORM
AND SUFFTCiENCY:
/ I /// ~:.,
Laurence Feingold~
Office of City Attorney
APPROVED:~
MA~·
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
W:\My Documents\resolutions\Resolution add-on item notice procedure.stoddard.doc
4-0
Yea
Yea
Yea
absent
Yea