06-08-04 Item 151500
1 ORDINANCE NO.
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3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, AMENDING " ORDINANCE NO. 15 -02 -1783
5 RELATING TO BOARDS AND COMMITTEES; AMENDING SEC.2 -26.8 OF THE
6 CODE OF ORDINANCES, ENTITILED `BUDGET AND FINANCE COMMITTEE;
7 AMENDING MEMBERSHIP REQUIREMENTS; AMENDING DUTIES AND
8 RESPONSIBILITIES; PROVIDING FOR SEVERABH,ITY; PROVIDING FOR
9 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
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11 WHEREAS, the City of South Miami recognizes that a key function of government is sound fiscal
12 management and careful budget preparation in order to be able to provide a high level of municipal
13 services to its residents and businesses; and
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15 WHEREAS, the preparation of the City's budget is a highly specialized area of endeavor requiring
16 expertise and /or experience which is normally limited to professionals within the financial management,
17 accounting, auditing and municipal management fields; and
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19 WHEREAS, The City Commission recognizes its duty to provide sound oversight for adoption
20 of an annual budget and of appointed staffs' administration of city operations, and;
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22 WHEREAS, The City Commission benefits from expert counsel, independent of appointed staff,
23 in providing said oversight, and;
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25 WHEREAS, The City Commission also recognizes the lawful non - interference provisions of the
26 City Charter and the City Manager's contract.
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28 NOW, THERFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION
29 OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
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31 Section 1 The City of South Miami Code of Ordinances Section 2 -26.8 entitled "Budget and Finance
32 Committee," is amended to read as follows:
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34 (Note: New wording in bold - underlined; wording to be removed indicated by strike - through)
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36 Sec. 2 -26.8. Budget and Finance Committee.
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38 (a) Name. There is hereby created a Budget and Finance Committee. The committee shall consist
39 of at least five are no more than five e members.
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41 (b) Purpose. The purpose of the committee is to provide advice and recommendations to the City
42 Commission Mayor- a-lid City Geffifflission d—to adfflinis4r- regarding the adoption and
43 implementation of financially sound annual budgets and investment policies. To accomplish this purpose,
44 the committee is charged with reviewing and evaluating the draft proposed budget, the City's
45 investments, employee pension and other retirement accounts fevenue and expenditttfes off
46 a-Ae l b
47 , giving advice to the City Commission eity
48 and th-e administfalieft on projected earnings of investments and desirable or necessary
49 further investments, revenue, expenditures and strategic planning (which includes
50 analyzing existing service levels and determining sufficiency and appropriateness).-ehanges to the types
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52 . The Committee shall also review the
53 annual comprehensive audit report.
Ord. Amending Budget Committee Sec.2 -26.8 Code of Ordinances
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2 (c) Membership, terms. Members of the committee shall be appointed by the Mayor as provided for
3 by the City Charter. The Mayor aad City Gewnmissio shall attempt to include representatives of the local
4 business community, res 4s, and accounting and finance experts, ,
5 in the membership of the committee. The initial
6 appointments to the committee shall be for a term that expires on September 30, 2005. T
7 appaipAmems- shall be staggered fit years. Appointments to fill any vacancy
8 on the committee will be for the unexpired term. One member of the city commission and the City
9 Manager or designee may serve as non voti g ex officio members of the committee.
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11 (d) Meetings, quorum. Regularly scheduled meetings shall be held at least quarterly at city hall at a
12 convenient time to be decided by the committee members. The members may change the place and time
13 of a particular meeting by motion and a vote of the majority of members present at a regularly scheduled
14 meeting. A majority of the members in good standing shall constitute a quorum necessary to hold
15 meetings and take action. Additional special meetings may be scheduled and notice shall be given, as
16 provided in the city code for special meetings of the city commission; provided, however, that scheduling
17 special meetings shall require the vote or written request of a majority of the members. The committee
18 shall appoint a chairperson and a vice chairperson. The chairperson shall conduct all meetings. In the
19 absence of the chairperson, the vice chairperson shall conduct the meeting. All meetings shall be properly
20 noticed, open to the public and minutes shall be kept either by recording or in written form. Members
21 shall serve without compensation.
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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 shall be py-evided to eoffmiit4ee members within 15 da�,s of delivery to the Gi4y by
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28 T-4e and the proposed budget shall be delivered to the committee members not later than the date ids
29 they are delivered to the city commissioners. The Committee's reasonable requests for ledgers and other
30 account reports shall be shall be made to the City Manager or designee and shall be provided to the
31 Committee in a timely manner. The City Manager or designee shall provide assistance to the committee.
32 Should the City Manager find any Committee request for information or assistance unreasonable or
33 disruptive to the normal operations of the City, the City Manager may deny the request, providing to the
34 Committee written grounds for the denial. The Committee may, upon a majority vote, appeal the City
35 Manager's denial to the City Commission., in peffafming depaftmefA reviews.
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37 (f) Reports. The committee shall prepare a report of its budget and finance review to the City
38 Commission at or before the first public hearing.. its pr-ojec4ed ai4ieipated vasi4iens to fevenue and
39 , to the type, 1
40 , east of sefviees and adffiinistr-Mive stfuettife, an
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42 at least qttaAefly,
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48 (g) Sunshine laws. All meetings of the committee and of any two or more persons appointed to
49 the committee are subject to the Florida Sunshine Law requirements for notice and public meeting. All
50 documents, including email communications, prepared by the committee or a committee member are
51 public records.
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Ord. Amending Budget Committee Sec.2 -26.8 Code of Ordinances
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Section 2 Ordinance No. 15 -02 -1783, amending section 2 -26.8 of the code of ordinances, entitled
"Budget and finance committee" is repealed. A copy of the repealed ordinance is attached to this
ordinance as exhibit "1."
Section 3. 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 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this day of , 2004
ATTEST: APPROVED:
CITY CLERK
1St Reading
2nd Reading
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Ord. Amending Budget Committee Sec.2 -26.8 Code of Ordinances
MAYOR
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar: