10-20-09 Item 271
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
4� 7
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE II,
SECTION 8 OF THE CITY'S CHARTER; PROPOSING TO THE CITY'S
ELECTORS AN AMENDMENT TO THE CITY'S CHARTER TO
CHANGE THE PROCESS BY WHICH MEMBERS OF BOARDS AND
COMMITTEES ARE CHOSEN; PROVIDING FOR THE PROPOSED
AMENDMENT TO BE SUBMITTED TO THE CITY'S ELECTORS AT
THE NEXT MUNICIPAL ELECTION OF FEBRUARY 9, 2010;
PROVIDING BALLOT LANGUAGE; DIRECTING THE CITY CLERK
TO TAKE ALL NECESSARY ACTIONS TO CARRY OUT THE
PROVISIONS OF THIS ORDINANCE; PROVIDING AN EFFECTIVE
DATE FOR THE AMENDMENT AND DIRECTING THE CITY CLERK
TO INCORPORATE THE AMENDMENT INTO THE CHARTER AND
TO FILE THE REVISED CHARTER WITH THE FLORIDA
DEPARTMENT OF STATE; PROVIDING FOR SEVERABILITY,
CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
amend the City's Charter to change the process by which members of Boards and
Committees are chosen in the City, to provide a more equitable process for appointing
individuals to the various Boards and Committees which operate within the City, and
WHEREAS, amendments to the City's Charter must be approved by referendum
vote of the City's electors.
WHEREAS, the City Commission desire to present the proposed Charter
amendment to the City's electors at the next regularly scheduled municipal election to be
held on February 9, 2010.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Subject to the approval of the City's electors at the next municipal
election on February 9, 2010, Article II, Section 8, of the City's Charter shall be amended
to read :
SECTION 8. Boards and Committees
A. Appointments. When a Board or Committee is
comprised of five members, each City Commissioner shall
appoint one person to serve as a representative on the Board
Additions shown by underlining and deletions shown by ever-stfiking.
Page 1 of 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
or Committee. When there are more than five (5) members on
a Board or Committee, each City Commissioner shall appoint
one person to serve as a representative on the Board or
Committee, and all members of such Board or Committee in
excess of five (5) shall be appointed by three (3) affirmative
votes of the City Commission based on recommendations
submitted by any City Commissioner. When a Board or
Committee has less than five (5) members, then the selection
of all members shall be by three (3) affirmative votes of the
City Commission from recommendations submitted by any
City Commissioner. The Mayor-, with the advice and consent.
of the Commission may appoint Bear-& of C�-.mmit4ees to
se o Cit t . suf f the Commission � thee
JCTi��T1T�'- 'CL�ttIC�I�i R.ZLTI�'fCnt GviiirrZrJ.�ro11 L���al�
purposes defined by the Commission.
C. Mandatory Board. There shall, at all times, be a
Planning Board composed of residents of.South Miami when
members shall be appointed by the Mayor- with the adyiee anrl
eensent of the Co minc.in„
Section 2. The result of the referendum shall be determined by a majority vote
of the electors of the City of South Miami voting on the question.
Section 3. The ballot title and substance of the amendment which shall appear
on the ballot shall be in the following form:
Title: CHANGING THE PROCESS BY WHICH MEMBERS OF BOARDS
AND COMMITTEES ARE CHOSEN.
SHALL ARTICLE I1, SECTION 8, OF THE CITY'S
CHARTER, "BOARDS AND COMMITTEES ", BE
AMENDED TO PROVIDE THAT MEMBERS OF CITY
BOARDS AND COMMITTEES WILL BE APPOINTED
GENERALLY BY INDIVIDUAL MEMBERS OF THE
CITY COMMISSION INSTEAD OF BOARD AND
COMMITTEE MEMBERS BEING APPOINTED ONLY BY
THE MAYOR.
YES
NO
Additions shown by underlining and deletions shown by ever-striking.
Page 2 of 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Section 4. Notice of the election and a sample ballot showing the manner in
which the questions will appear on the ballot shall be published in a newspaper of general
circulation in the City of South Miami in accordance with the elections laws of the State
of Florida.
Section 5. The City Clerk is directed to take all necessary and proper actions to
carry out the provisions of this Ordinance.
Section 6. Upon adoption of the amendment by a majority of the City's electors
voting on the amendment, the City Clerk shall have the amendment incorporated into the
Charter and file the revised Charter with the Florida Department of State. The
amendment shall be effective upon certification of the results of the referendum.
Section 7. If any word, phrase, clause, section or subsection of this Ordinance
is ruled invalid or unconstitutional by a court of competent jurisdiction, the invalidity
thereof shall not affect the validity of the remaining portions of this Ordinance.
Section 8. All sections or parts of sections of the City's Charter, Code of
Ordinances, or Resolutions that conflict with this Ordinance or the Charter amendment
proposed herein are repealed, but only to the extent of the conflict.
Section 9. This Ordinance shall take effect immediately upon adoption.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
, 2009.
APPROVED:
MAYOR
1 st Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
Additions shown by underlining and deletions shown by evef
Page 3 of 3