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02-17-09 Item 71 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF 5 SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; 6 ESTABLISHING THE BUDGET AND FINANCE COMMITTEE FOR THE 7 FISCAL YEAR 2009 -2010; PROVIDING FOR THE APPOINTMENT OF 8 MEMBERS FOR A TERM ENDING SEPTEMBER 30, 2009; AND PROVIDING 9 AN EFFECTIVE DATE. 10 11 WHEREAS, the City of South Miami recognizes that a key function 12 of government is sound fiscal management and careful budget 13 preparation in order to be able to provide a high level of municipal 14 services to its residents and businesses; and 15 16 WHEREAS, the preparation of the City's budget is a highly 17 specialized area of endeavor requiring expertise and /or experience 18 which is normally limited to professionals within the financial 19 management, accounting, auditing and municipal management fields; and 20 WHEREAS, The City Commission also recognizes the lawful non - 21 interference provisions of the City Charter and the City Manager's 22 contract; and 23 24 WHEREAS, the Mayor and Commission recognize the important 25 contributions made by those who serve on the various city boards and 26 committees, and wish to appoint a full complement to each of the • 27 active boards and committees; and 28 29 WHEREAS, the City Commission desires to establish the Budget and 30 Finance Committee for the 2009 -2010 fiscal year budget, as established 31 by Section 2 -26.8 of the City's code of ordinances. 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 34 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 35 36 Section 1. The City Commission hereby appoints the following 37 individuals to serve on the committee: 38 39 1. 40 41 2. 42 43 3. 44 45 4. 46 47 5. 48 49 Section 2. The expiration date of these appointments shall be 50 September 30, 2009, or until a successor is duly appointed and 1051 qualified. 52 1 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 / 1 • Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED THIS DAY OF , 2009. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Beckman: Commissioner Palmer: Commissioner Newman: • ORDINANCE NO. 17-07-1918 AN ORDINANCE OF THE MAYOR. AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO_ 15- 02 -1783 RELATING TO BOARDS AND COMMITTEES; AMENDING SEC.2 -26.8 OF THE CODE OF ORDINANCES, ENTITLED "BUDGET AND FINANCE COMMITTEE; AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERA.BILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of South Miami recognizes that a key function of government is sound fiscal management and careful budget preparation in order to be able to provide a high level of municipal services to its residents and businesses; and WHEREAS, the preparation of the City's budget is a highly specialized area of endeavor requiring expertise and/or experience which is normally limited to professionals within the financial management, accounting, auditing and municipal management fields; and WHEREAS, The City Commission recognizes its duty to provide sound oversight for adoption of an annual budget and of appointed staffs" administration of city operations, and; WHEREAS, The City Commission benefits from expert counsel, independent of appointed staff in providing said oversight, and; WHEREAS, the City Commission desires to extend the length of service on the Committee to ensure the Committee's ability to complete all assigned tasks; and, WHEREAS, The City Commission also recognizes the lawful non- interference provisions of the City Charter and the City Manager`s contract. NOW, THERFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City of South Miami Code of Ordinances Section 2 -26.8 entitled "Budget and Finance Committee," is amended to read. as follows: (Note: New wording in bold -- underlined; wording to be removed indicated by strike - through) Sec. 2 -26.8. Budget and Finance Committee. (a) Name. There is hereby created a Budget and Finance Committee. The committee shall consist of no more than five members. (b) Purpose. The purpose of the committee is to provide advice and recommendations to the City Commission regarding the adoption and implementation of financially sound annual budgets and investment policies. To accomplish this purpose, the committee is charged with reviewing and evaluating the draft proposed budget; the City's investments, employee pension and other retirement accounts examining aays to preserve existing revenue sources and exploring additional funding sources;- giving advice to the City Commission on projected earnings of investments and desirable or necessary further investments, revenue, expenditures and strategic planning (which includes analyzing existing service levels and determining sufficiency and appropriateness). The Committee shall also review the annual comprehensive audit report. Page I of 3 Ord. No. 17 -07 -1918 (c) Membership, terms. Members of the committee shall be appointed by the Mayor as provided for by the City Charter. The Mayor shall attempt to include representatives of the local business community, residents, and accounting and finance experts, in the membership of the committee. The initial appointments to the committee shall begin as soon as the Finance Director declares commencement of the budget process and shall sunset at the end of the fiscal year. Appointments to fill any vacancy on the committee will be for the unexpired term. The City Manager or designee may serve as an ex officio member of the committee. (d) Meetings, quorum. Regularly scheduled meetings shall be held at least quarterly at city hall at a convenient time to be decided by the committee members. The members may change the place and time of a particular meeting by motion and a vote of the majority of members present at a regularly scheduled meeting. A majority of the members in good standing shall constitute a quorum necessary to hold meetings and take action. Additional special meetings may be scheduled and notice shall be given, as provided in the city code for special meetings of the city commission; provided, however, that scheduling special meetings shall require the vote or written request of a majority of the members. The committee shall appoint a chairperson and a vice chairperson. The chairperson shall conduct all meetings. In the absence of the chairperson, the vice chairperson shall conduct the meeting. All meetings shall be properly noticed, open to the public and minutes shall be kept by recording and in written form. Members shall serve without compensation. For purposes of properly posting notices, the chairperson shall notify the city clerk at least twenty-four hours in advance about the date of the meetings. (e) Administrative assistance. The City Manager or designee shall provide the committee members with copies of quarterly and annual financial reports for the general budget and retirement accounts as soon as they are available following the close of the quarter and the fiscal year. The annual • audit report and the proposed budget shall be delivered to the committee members not later than the date they are delivered to the city commissioners. The Committee's reasonable requests for ledgers and other account reports shall be made to the City Manager or designee and shall be provided to the Committee in a timely manner. The City Manager or designee shall provide assistance to the committee, provided that all requests are submitted in writing. Should the City Manager find any Committee request for information or assistance unreasonable or disruptive to the normal operations of the City, the City Manager may deny the request, providing to the Committee written grounds for the denial. The Committee may, upon a majority vote, appeal the City Manager's denial to the City Commission. • (f) Reports. The committee shall prepare a report of its budget and finance review to the City Commission at or before the first public hearing in accordance with subparagraph 1(b). (g) Sunshine laws. All meetings of the committee and of any two or more persons appointed to the committee are subject to the Florida Sunshine Law requirements for notice and public meeting. All documents, including email communications, prepared by the committee or a committee member are public records. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3. This ordinance shall be effective immediately after the adoption hereof. Page 2 of 3 Ord. No. 17 -07 -1918 • PASSED AND ADOPTED this `s day of 2007 • ATTEST: Y C%ARK 1." Reading - 5/1/07 2'd Reading - 6/5/07 READ AND APPROVED AS TO FORM: CITY-Axrot Y APPROVED: " MAYOR COMMISSION VO ' 5 -0 Mayor Felin: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts: Yea J:ltvty Doc=etttstresotutions,Ordir=ce budget and finance conunittee.9-30- 07.doc Page 3 of 3 Commissioner Beckman: Yea