05-01-07 Item 101
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ORDINANCE NO.:
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
COI?E OF ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE;)-)
AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILITY;
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 ways 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.
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2 (c) Membership, terms. Members of the committee shall be appointed by the Mayor as
3 provided for by the City Charter. The Mayor shall attempt to include representatives of the local business
4 community, residents, and accounting and finance experts,, in the membership of the committee. The
5 initial appointments to the committee shall be for- a tei:m begin as soon as the Finance Director declares
6 commencement of the budget process and shall sunset at the end of the
7 fiscal ye . Appointments to fill any vacancy on the committee will be for the unexpired term. The City
8 Manager or designee may serve as an ex officio member of the committee.
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10 (d) Meetings, quorum. Regularly scheduled meetings shall be held at least quarterly at city
11 hall at a convenient time to be decided by the committee members. The members may change the place
12 and time of a particular meeting by motion and a vote; of the majority of members present at a regularly
13 scheduled meeting. A majority of the members in good standing shall constitute a quorum necessary to
14 hold meetings and take action. Additional special meetings may be scheduled and notice shall be given,
15 as provided in the city code for special meetings of the city commission; provided, however, that
16 scheduling special meetings shall require the vote or written request of a majority of the members. The
17 committee shall appoint a chairperson and a vice chairperson. The chairperson shall conduct all
18 meetings. In the absence of the chairperson, the vice chairperson shall conduct the meeting. All meetings
19 shall be properly noticed, open to the public and minutes shall be kept by recording and in written form.
20 Members shall serve without compensation. For pu :)oses of properly posting notices, the chairperson
21 shall notify, the city clerk at least twenty -four hours in advance about the date of the meetings.
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23 (e) Administrative assistance. The City Manager or designee shall provide the committee
24 members with copies of quarterly and annual financial reports for the general budget and retirement
25 accounts as soon as they are available following the close of the quarter and the fiscal year. The annual
26 audit report and the proposed budget shall be delivered to the committee members not later than the date
27 they are delivered to the city commissioners. The Committee's reasonable requests for ledgers and other
28 account reports shall be made to the City Manager or designee and shall be provided to the Committee in
29 a timely manner. The City Manager or designee shall provide assistance to the committee, provided that
30 all requests are submitted in writing. Should the City Manager find any Committee request for
31 information or assistance unreasonable or disruptive to the normal operations of the City, the City
32 Manager may deny the request, providing to the Committee written grounds for the denial. The
33 Committee may, upon a majority vote, appeal the City Manager's denial to the City Commission.
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35 (f)' Reports. The committee shall prepare a report of its budget and finance review to the
36 City Commission at or before the first public hearing in accordance with subparagraph 1(b).
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38 (g)' Sunshine laws. All meetings of the committee and of any two or more persons appointed
39 to the committee are subject to the Florida Sunshine Law requirements for notice and public meeting. All
40 documents, including email communications, prepared by the committee or a committee member are
41 public records.
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43 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held
44 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of
45 the remaining portions of this ordinance.
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47 Section 3. This ordinance shall be effective immediately after the adoption hereof.
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PASSED AND ADOPTED this
ATTEST:
CITY CLERK
1" Reading
2nd Reading
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2007
JAMy Documents\resolutions \Ordinance budget and finance committee.9- 30- 07.doc
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APPROVED:
TU Evieffil
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman: