HomeMy WebLinkAbout2024-063-2137 - Amendment to Protocol ManualRESOLUTION NO. 2024-063-2137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING THE PROTOCOL
MANUAL, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on March 24, 2021, the Mayor and City Council approved Resolution
No. 2021-027-3582 establishing the Protocol Manual, and
WHEREAS, the Protocol Manual is designed to assist the City Council, Charter
Officers, and Staff by memorializing existing policies, procedures, and the general way
of doing things as it relates to matters involving the City, surrounding municipalities, as
well as the public, and
WHEREAS, Councilwoman Linda Julien is recommending an amendment of the
protocol manual to include clearly defined descriptions and procedures for council
members to bring special presentations onto the agenda,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AMENDMENT: The City Council of the City of Miami Gardens hereby
amend the protocol manual by adding Section 3.13 as follows:
13. SPECIAL PRESENATIONS
Special Presentations Sponsored by a City Council Member placed on the City
Council Agenda shall include an Agenda Cover Memo which includes the following:
Title and brief description of Special Presentation
Information on presenter(s) and/or recipient(s) of special presentation
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON MAY 8, 2024.
________________________________
RODNEY HARRIS, MAYOR
DocuSign Envelope ID: C8EB5354-B775-40DE-BA8C-775365FCD55B
Page 2 of 2
Resolution No. 2024-063-2137
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: COUNCILWOMAN LINDA JULIEN
Moved by: Councilman Leon
Seconded by: Councilwoman Julien
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Wilson Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Leon Yes
Councilwoman Stephens, III Yes
DocuSign Envelope ID: C8EB5354-B775-40DE-BA8C-775365FCD55B
Page 1 of 14
Updated: May 8, 2024
Resolution No. 2024‐063‐2137
1. INTRODUCTION AND OVERVIEW
1.1. PURPOSE OF PROTOCOL MANUAL
This Protocol Manual is designed to assist the City Council, Charter Officers and Staff by
memorializing existing policies, procedures, rules and regulations directly related to City
business, interactions with surrounding municipalities, as well as the general public. The
relationship between the Mayor, City Council, Charter Officers (City Manager, City Clerk, City
Attorney) and Staff is thoroughly defined in the City Charter and should be adhered to at all
times. Additional purposes of this manual include, but are not limited to, the improvement of
efficient and effective City Council/staff relations. The productivity of City business is greatly
enhanced by the agreement of City Council, Charter Officers, and staff to abide by all practices.
This manual should be viewed as an instructive source of guidance where practices are
documented and expectations are clarified. Practices and expectations will vary as
circumstances arise. City Council will review and revise this manual accordingly, as a body. 1 As
used herein, unless the context dictates otherwise the term “Council member” shall include
members of the City Council and the Mayor as outlined in Section 2.2 of the Charter.
1.2. MAYOR‐COUNCIL‐MANAGER FORM OF GOVERNMENT
The City Charter here‐in referred to as “the Charter” acts as the City's Constitution. It outlines
the form of government, and establishes the organizational structure of the City. The City of
Miami Gardens was established with a Mayor‐Council‐Manager form of government, which
means the Mayor, City Council, and the City Manager all have distinct authority as outlined in
the Charter. In addition, the Charter provides and outlines the roles of the Charter Officers.
The Mayor serves as the presiding officer and chair of all meetings of the City Council. The Mayor
is also recognized as head of the Government for all ceremonial purposes, for purposes of
military law, and for service of process. Additional specific responsibilities of the Mayor can be
located in Section 2.1 of the Charter.
During the absence or incapacity of the Mayor, the Vice Mayor shall have all the powers,
authority, duties and responsibilities of the Mayor.
An elected City Council serves as the City’s primary legislative body whose core functions include
establishment of policy, budget approval, tax rate determination, etc. The City has a City
Manager whose primary functions include, but are not limited to oversight of day‐to‐day
1 The issues addressed in this publication are often complex and subjective in nature. This manual is intended to be a guide
and in no manner a substitute to the City’s Charter, Code of Ordinance, or any counsel, guidance, or opinion of the City
Attorney.
Page 2 of 14
Updated: May 8, 2024
Resolution No. 2024‐063‐2137
municipal functions, budget preparation and implementation and enforcement of policy and
legislative initiatives of the City Council. The City Manager is also responsible for all personnel
related matters of the Office of the City Manager. The City Attorney is the Chief Legal Advisor to
the City Council and City Staff. The City Attorney is also responsible for all personnel related
matters of the Office of the City Attorney. The City Clerk is the records custodian of the City, the
Supervisor of Elections, manages the advisory boards and commissions, coordinates
advertisements and public notices, along with other related duties. The City Clerk is also
responsible for all personnel related matters of the Office of the City Clerk.
Section 4.2 prohibits the City Council and any of its members from dictating the appointment or
removal of any City employee, whom the City Manager or any of his subordinates are
empowered to appoint, and only authorizes guidelines to be made to the City Manager and the
City Attorney. It also prohibits individual City Council members from making demands to the
City Manager. City Council members can however, discuss City business with the City Manager.2
2. MAYOR AND CITY COUNCIL MATTERS
2.1. INTERGOVERNMENATL RELATIONS
Intergovernmental relations are conventionally defined as the processes and institutions
through which governments within a political system interact. For purposes of this manual
intergovernmental relationships are defined as interactions between the City and other
governmental entities such as Miami Dade County, the State of Florida, Miami‐Dade County
School Board, neighboring Municipalities, etc. Several of the Mayor and City Council members’
legislative functions will involve coordination with other governmental entities regarding the
delivery of services to constituents, especially where those residential areas overlap.
Section 2.1 of the City Charter specifically provides language that states the Mayor shall be
recognized as head of the City government for all ceremonial purposes and officially designated
to represent the City in all dealings with other governmental entities. Furthermore, the Mayor
shall execute contracts, deeds and other documents of behalf of the City as authorized by the
Council.
Therefore, all dealings with governmental entities as defined above, must be through the Office
of the Mayor. If the Mayor chooses, he or she can designate City Council Members, the Manager
and/or the City Attorney to deal with the governmental entities. The Mayor may designate the
Vice Mayor and/or any City Council Member to represent the City for ceremonial purposes.
2 Article IV of the City’s Charter provides a prohibition to the City Council concerning interference with administration.
Page 3 of 14
Updated: May 8, 2024
Resolution No. 2024‐063‐2137
2.2. MAYOR AND CITY COUNCIL STAFF SUPPORT
Legislative staffing and support to the Mayor is provided by the Office of the City Manager.
Legislative staffing and support to City Council is provided by the Office of the City Clerk.
Therefore, the City Manager will designate the individual(s) assigned to staff the Mayor and the
City Clerk will designate the individual(s) assigned to staff City Council Members. While legislative
staff members work closely with their assigned elected official, legislative staff members have a
direct report to their immediate supervisor whether it be through the Office of the City Manager
or the Office of the City Clerk. The Mayor and City Council members do not have supervisory
authority over legislative staff support employees, however the City Manager and City Clerk may
delegate certain day‐to‐day authority to the Mayor and City Council over assigned legislative staff
support employees as deemed necessary and appropriate to complete day‐to‐day functions. The
Mayor and City Council may freely express with the City Manager and the City Clerk any concerns
that are directly related to the appointment and/or removal of legislative staff employees
assigned to assist their Offices. The Mayor and City Council shall not in, any manner, dictate the
appointment and removal of any legislative staff and/or employee.
Support from assigned legislative staff will include but is not limited to: preparation of agenda
items, preparation of correspondence and reports, coordinating meetings, planning and
coordination of events, submission of Council request, following up on Council request, staffing
elected officials at events, etc. Legislative staff members shall not perform personal errands for
elected officials and shall not be requested to perform tasks on their own time without proper
notification and/or compensation.
2.3. USE OF THE OFFICIAL CITY LOGO
Section 2.2 of the City of Miami Gardens Code of Ordinance provide for the official logo of the
City as the City’s identifying symbols which is on file with City Clerk’s Office and should be used
whenever it is necessary for the City to identify equipment, facilities, documents, etc. In
addition, it shall be unlawful and a violation of Section 2.2 of the Code of Ordinances for any
person to print for the purpose of sale or distribution or advertisement, circulation, publishing,
use of offer for sale, any letters, papers, documents or items of merchandise containing city
logos, or simulate the official logos of the city without the expressed written authorization of
the City Manager or City Council.
Any City Council member requesting the utilization of the City’s logo must do so in written form
to the City Manager and City Attorney; or by Agenda Item to the City Council.
Page 4 of 14
Updated: May 8, 2024
Resolution No. 2024‐063‐2137
2.4. PROCLAMATIONS, COMMENDATIONS, AND KEYS TO THE CITY
Proclamations, Sympathy Resolutions, Commendations, and Keys to the City are ceremonial
commemoration of an individual, event, or matter. The Mayor issues all ceremonial
commemorations. They are not statements of policy and do not require the official approval or
action of Council. All requests for these ceremonial commemorations are to be submitted in
writing to the Office of the Mayor.
2.5. MAYOR AND CITY COUNCIL OFFICIAL GROUP PHOTO
This section provides the official position of each Council Member for Mayor and City Council
Official Group Photo. City Council Official Group Photo taken at City Council Meetings, City
sponsored events, or any ceremonial commemoration of an individual, event, or matter shall
have the Mayor and City Council positioned in the following order:
They Mayor will be in the center of the photo. Should the Mayor be absent, the Vice
Mayor will assume the Center position. All remaining Council Members will stand in the
order of the dais.
This section does not preclude Council Members from taking individual or customary photos
prior or after the Official Mayor and City Council Photo.
3. CITY COUNCIL REQUESTS
3.1. AGENDA ITEMS
Agenda Items sponsored by individual City Councilmembers must be requested no later than
thirty (30) calendar days prior to the meeting where the item will be placed on the Agenda. In
some cases, additional time is required if the matter involves complex matters that require
significant involvement of the City Manager and/or City Attorney. This would allow staff
adequate preparation time of the agenda item. Legislative staff will also be required to conduct
research and/or attend planning meetings based on the complexity of the subject matter.
The role of the Legislative Analyst (Analyst) is to staff and carry out the duties and initiatives of
the City Council Office in which they are assigned. Analysts are to prepare and submit agenda
cover memorandums on behalf of their assigned City Council member in a timely manner.
Consequently, Analysts should attend all agenda item preparation meetings with or on the
behalf of the City Council members to which they are assigned. That includes but not limited to
planning meetings with the City Manager, City Attorney, City Clerk, and/or designated staff from
Page 5 of 14
Updated: May 8, 2024
Resolution No. 2024‐063‐2137
said offices. Any Council sponsored agenda item submitted by the Analyst less than thirty (30)
calendar days must be accompanied by a draft Resolution/Ordinance for the City Attorneys’
Review. There will be no additions of Council member sponsored items placed on the City
Council Agenda after the City Council Agenda has been published, unless they are deemed to be
an emergency as outlined below.
Emergency items may be added to an agenda in accordance with state and local law. Emergency
items are only those matters immediately affecting the public health, safety and welfare of the
community, such as widespread civil disorder, disaster, pandemics, state of emergency, natural
disasters and other emergencies deemed severe in nature. Details for adding an emergency
item to the agenda must be announced publicly at the meeting during order of business.
Special Presentations Sponsored by a City Council Member shall include an Agenda Cover Memo
which includes the following:
Title and brief description of Special Presentation
Information on presenter(s) and/or recipient(s) of special presentation
3.2. REQUESTS FOR INFORMATION
The City Manager is the information liaison between the City Council and City Staff who work
under the City Manager. Request from Council members for information are to be directed to
the City Manager in writing through the Legislative Analyst/Councilmember to the City Manager’s
Office and/or designee. If the responses to the requested information is deemed by the City
Manager to be of importance to other members of the City Council, the information requested
will be copied to all members of the Council so that each member may be equally informed. The
sharing of information with the City Council is one of the City Manager’s highest priorities.
There are limited restriction regulating the sharing of information. The City has a legal obligation
not to release certain confidential and personnel information. Similarly, certain aspects of Police
Department functions and investigations such as confidential information directly related to
certain crimes and open criminal investigations may not be available to members of the City
Council.
The City Manager will make every effort to respond within 24 to 48 hours to all requests for
information or assistance made by individual City Councilmembers. At the discretion of the City
Manager, if the magnitude of the request, in terms of workload or policy, exceeds a reasonable
scope or expectation, the City Manager may decide it more appropriate that the request come
at the direction of the full legislative body.
Page 6 of 14
Updated: May 8, 2024
Resolution No. 2024‐063‐2137
3.3. REQUESTS FOR STAFF
Requests for staff assistance shall be submitted in writing to the Office of the City Manager
through the Legislative Analyst. The City Manager will assign all requests to the appropriate staff
person(s) to be completed in a timely and professional manner. The City Council shall not give
any request for information and orders to any staff under the direction of the Charter Officers,
unless expressly authorized by the Charter Officer.
At the discretion of the City Manager, any staffing request deemed unreasonable or grand in
magnitude, either in terms of workload or policy will come at the direction of the full legislative
body. Any requests for staff that require overtime pay, shall come to the City Council for
approval.
3.4. COUNCIL SPONSORED EVENTS AND PROGRAMS
All City Council Sponsored Events, Policy and Programs must be approved by Resolution. City
resources are not expendable at the direction of any individual members of the City Council.
Therefore, if any member of the City Council wish to utilize City resources for an event, policy,
and program, a Resolution approved by the City Council is required prior to the dedication or
expenditure of any City resources. In addition, City partnership in community, cultural, or
charitable events including financial or in‐kind contribution must be approve by Resolution. City
Councilmember(s) sponsoring the event, policy, and/or program shall be listed on promotional
material.
Events, programs, partnerships, and policy approved by the City Council to utilize City resources
may be advertised utilizing all City promotional mechanisms that do not incur additional costs,
unless specific additional expenditures are authorized by the City Council for promotion of the
event. No promotional materials for any signature event utilizing City resources shall name any
individual member of the City Council unless the Resolution approved by the City Council
provides that authorization.
The above requirements do not apply to the following:
a. Community meeting hosted by individual members of the City Council in their official
capacity. These meetings may be promoted utilizing any City promotional mechanism
that does not incur additional costs and they may be posted at City facilities. The
likeness of the Councilmember hosting the meeting can be pictured in promotional
materials.
Page 7 of 14
Updated: May 8, 2024
Resolution No. 2024‐063‐2137
The Manager has purchasing authority. That does not extend to hosting events unless
they are previously approved by the City Council.
The City Council may not request any employee of the City to volunteer or engage in any task
relating to an event on their personal time. Opportunities for City employees to volunteer at
charitable, community, or cultural events may be communicated to employees only through the
Charter Officers.
3.5. REQUEST FOR SERGEANT‐AT‐ARMS
The Sergeant‐At‐Arms is a group of police officers whose primary mission is to provide security
for the members of the City Council. They operate under the supervision of the Police Chief.
They are responsible for providing security at City Hall and other locations where City
Councilmembers attend. They will be assigned to Councilmembers who are traveling in their
official capacity. The City Manager or his designee will also assign them to other details that are
in the best interest of the City, as determined.
Sergeant‐At‐Arms will not be used to run personal errands, drive Councilmembers to events that
are personal in nature, provide personal transportation for family member under any
circumstances, or in other situations that are obviously not a responsible use of the Sergeant‐At‐
Arms services.
The Legislative Analyst assigned to the Councilmember must submit all request for Sergeant‐At‐
Arms in writing to the City Manager’s Office Forty‐eight (48) hours prior to scheduling.
3.6. REQUESTS FOR COMMUNITY ENRICHEMENT TEAM (CET)
Community Enrichment Team (CET) Officers, specialize in working closely with community
members and local organizations to identify action steps that address community issues and
concerns in an effort to improve the quality of life for all residents. The CET Officers operate
under the direction of the Police Chief. CET Officers are not to be utilized in lieu of securing
adequate Off‐Duty Officers at City Council sponsored events.
Legislative Analysts must submit all request for CET Officers in writing to the City Manager
fourteen (14) days prior to scheduled event.
3.7. REQUEST FOR OFF‐DUTY OFFICERS
Page 8 of 14
Updated: May 8, 2024
Resolution No. 2024‐063‐2137
Off‐Duty Officers remain under the exclusive regulation and strict adherence to rules and
regulations of the Miami Gardens Police Department (MGPD). Requests for Off Duty detail shall
be submitted fourteen (14) working days prior to an event through the City Manager. All off‐duty
detail requests require approval through the chain of command. Chain of command approval
typically take five (5) business days to process. Requests submitted less than fourteen (14)
working days may not be adequately staffed or approved. If MGPD is unable to fill any off duty
request, notification will be given forty‐eight (48) hours prior to the requested date of service.
There is a three (3) hour minimum requirement for off‐duty services and the fees must be
rendered in advance.
3.8. REQUEST FOR FLYERS/PROMOTIONS
All flyer and e‐blast requests must be submitted to Public Affairs at least fourteen (14) calendar
days prior to the desired start date for marketing of an event. Legislative Analysts are to utilize
the following link to submit requests ‐
https://miamigardens.quickbase.com/db/bq5kjy4gb?a=nwr
Or visit www.mgpublicaffairs.info and click Request A City Service Request
Non‐City Events will not be promoted on City platforms, unless it is through Community Partners.
3.9. REQUEST FOR CITY FACILITY USAGE AND CITY EQUIPMENT
All facility usage requests must be submitted fourteen (14) days prior to requested date of
service. Each City Council member will be granted eight (8) facility uses per calendar year at the
Betty T. Ferguson Recreational Complex, Bunche Park, Senior Center, and Risco Park S.T.E.M.
Center facilities. These uses must be for a City purpose and not for personal use of the
Councilmember or anyone else. City equipment, including tents, tables and chairs, shall not be
transported for use at events that are not held on City property.
Legislative Analysts must utilize the link below to submit all requests for facility usage ‐
https://miamigardens.quickbase.com/db/bq5kjy4gb?a=nwr
Or visit www.mgpublicaffairs.info and click Request A City Service Request
3.10. POOL VEHICLES
The City Council and Legislative Analysts pool vehicles are assigned to the Office of the City Clerk.
Pool vehicles shall not be used for personal, recreational or leisure activities. Pool vehicles are to
be used for City Business Only. Pool vehicles may not be taken beyond the established Tri‐County
Page 9 of 14
Updated: May 8, 2024
Resolution No. 2024‐063‐2137
area boundaries (Miami‐Dade, Broward and Palm Beach Counties). Any requests to use pool
vehicles beyond the established Tri‐County area must have the authorization of the City Manager
or designee. All pool vehicles should only be parked overnight in designated parking areas for
pool vehicles at City Hall. Only City Council members and employees who meet the driver
requirements, comply with the City’s pool vehicles fleet policies and procedures, and retain all
legally required licenses and credentials will be permitted to operate a City vehicle in the course
of conducting official City business.
3.11. USE OF THE CITY COUNCIL CHAMBERS
The use of the City Council Chambers is for meetings of the City Council, statutory boards and
committees, quasi‐judicial proceedings, special master hearings, and swearing‐in of sworn
positions.
As a general rule, "for‐profit" business and other associations will not be permitted to use the
Council Chambers. The Council Chambers will not be used for commercial activities (conducting
on site sales or any other form of funds solicitation) or fund‐raising activities, nor will the Council
Chambers be used for private social functions. Events incorporating dance, gymnastics,
acrobatics, vigorous exercise, mechanical demonstrations, or other activities creating a material
risk of personal injury are not permitted.
Refreshments in the Council Chambers are limited to bottled water. The room must be cleared
of all group or organization supplied items (equipment, boxes, brochures, etc.) at the end of the
meeting.
The City reserves the right to refuse or revoke permission to use the Council Chambers.
3.12. PRESS CONFERENCES AND PRESS RELEASES
The purpose of this protocol is to establish guidelines for City Council Members conducting press
conferences and press releases in their official capacity. By providing a framework for proper
authorization, this protocol ensures that press conferences and press releases are conducted in
alignment with the established procedures of the City. Furthermore, it safeguards against the
utilization of City resources for unauthorized press conferences and press releases, while still
allowing the Mayor to exercise authority in holding press conferences and issuing press releases
for essential purposes.
A City Council Member intending to call a press conference must submit a formal request via
Resolution at a City Council Meeting. The Resolution must outline the purpose, agenda, and
intended outcomes of the press conference. Upon approval of said Resolution the Council
Page 10 of 14
Updated: May 8, 2024
Resolution No. 2024‐063‐2137
member will work with the City Manager or his/her designee to coordinate the press conference
as this will ensure alignment with City Administration procedures and efficient organization of
the press conference.
Any press conference called by a City Council Member without obtaining prior approval as
outlined in this protocol shall be considered unauthorized. Unauthorized press conferences shall
not be entitled to utilize City staff, resources, or facilities to coordinate or facilitate the press
conference. The City shall not provide support or assistance for any unauthorized press
conference, including but not limited to logistical arrangements, media coordination, or
communication services.
Request for press releases must be submitted to the Public Affairs at least fourteen (14) calendar
days prior to the desired start date of releasing said communication. The request must outline
the purpose, content, and intended audience of the press release. Approval shall be granted if
the proposed press release aligns with the interest and objective of the City and adheres to
relevant regulation and policies.
Any press release issued by a City Council Member without obtaining prior approval as outlined
in this protocol shall be considered unauthorized. Unauthorized press releases are prohibited
from utilizing the City's logo or including contact information from any staff member.
Unauthorized press releases shall not be entitled to utilize City resources for distribution or
dissemination to media outlets. The City shall not provide support or assistance for any
unauthorized press release, including but not limited to media coordination or communication
services. This protocol ensures that unauthorized press releases do not misuse the City's branding
or resources while preserving the integrity of official communication channels.
This protocol does not prohibit the Mayor, acting as the City's Ceremonial Figure Head of the City,
from holding press conferences and issuing press releases for emergency purposes, City‐
sponsored announcements, City branding initiatives, or to address the current state of the City.
The Mayor may exercise discretion in calling press conferences and issuing press releases as the
Mayor deems necessary for the efficient operation and representation of the City.
3.13. SPECIAL PRESENATIONS
Special Presentations Sponsored by a City Council Member shall include an Agenda Cover Memo
which includes the following:
Title and brief description of Special Presentation
Information on presenter(s) and/or recipient(s) of special presentation
Page 11 of 14
Updated: May 8, 2024
Resolution No. 2024‐063‐2137
4. CITY COUNCIL MEETING
The complete established uniform procedures for the conduct of City Council meetings can be
found in Chapter 2 ‐ Article II ‐ Division 2: “Rules of Procedure” of the City’s Code of Ordinance.
Section 4.1 of the City’s charter provides the City Council shall hold at least 11 regular monthly
meetings in each calendar year at such times and places as the Council may prescribe.
For any issues of meeting procedure not otherwise directed in the City Charter, City Code or this
manual, Robert’s Rules of Order shall govern the proceeding of City Council meetings. Failure to
adhere to a procedural requirement of Robert’s Rules of Order shall not be grounds to invalidate
any action of the Commission that is otherwise lawful. All meetings of the City Council shall be
held at such place designated by the City Manager subject to the approval of the City Council.
The City Clerk shall give public notice of all meetings in accordance with F.S. Ch. 286.
4.1. REGULAR CITY COUNCIL MEETING
Section 2‐49 of the City’s Code of Ordinance provides the City Council shall hold regular
meetings on the second and fourth Wednesday of each month at 7:00 p.m., except the day fixed
for any regular meeting may be changed by the City Council if the day is a designated legal
holiday. Unless otherwise determined by the City Council, all City Council meetings shall
commence at 7:00 p.m. and shall end no later than 12:00 midnight. No meeting of the city
council shall extend later than 12:00 midnight except upon the affirmative vote of the majority
vote of the members present at the meeting.
4.2. SPECIAL CITY COUNCIL MEETINGS
Section 2‐49 of the City’s Code of Ordinance provides special meetings may be held on the call of
the Mayor or upon the call of four (4) City Council members upon no less than forty‐eight (48)
hours' notice to the public or such shorter time as a majority of the City Council deems necessary
in case of an emergency affecting life, health, property or the public peace. Whenever a special
meeting is called, the request for the special meeting shall be made in writing and served upon
the city clerk.
4.3. SUNSHINE MEETINGS
Any time two (2) or more Council members communicate about any foreseeable matter that
may come before the City Council, it is a meeting under the Sunshine Law. The following types
of communications qualify as a “Sunshine” meeting:
Page 12 of 14
Updated: May 8, 2024
Resolution No. 2024‐063‐2137
Face‐to‐face
Written correspondence
Telephone
Email
Hand signals
Through an intermediary
All Sunshine Meetings of two or more Councilmembers must be called during City Council
Meetings under reports or by request to the City Clerk. The announcement of the Sunshine
Meeting will include the members of the Council that will hold the meeting, subject matter, date,
time, and location. The City Clerk will only publicly notice Sunshine Meetings that are announced
during City Council Meetings.
4.4. WORKSHOPS
The purpose of the City Council Workshops will be for the City Council to hear presentations and
reports and/or conduct discussions in order to provide the Charter Officers with direction on
matters that will require formal action at a Regular or Special Commission meeting in the future.
No official action on City business is taken in workshops. Workshops do not generally include
public input, unless permitted by the Mayor as the presiding officer.
4.5. EXECUTIVE SESSIONS
Executive Session shall be preceded by a Special or Regular Council meeting, which will be
recessed for the Executive Session. At the conclusion of the Executive Session, the Special or
Regular Commission meeting will reconvene. No member of the City Council shall disclose to any
person, orally or in writing, any information learned, or matters discussed at the Executive
Session. Due to the highly confidential and sensitive nature of matters discussed during Executive
Sessions, notes taken by all persons in attendance at Executive Sessions and documentation and
materials distributed at such Sessions shall be privileged, given to the Charter Officer(s) at the
conclusion of the Executive Session. All records of an Executive Session shall be kept in a
confidential file until the privacy of the Executive Session privilege no longer applies.
4.5.1. EXECUTIVE SESSION ‐ COLLECTIVE BARGAINING
Pursuant to the City’s Charter, the City Manager is responsible for the Administration of all affairs
of the City and supervision of departments. As the chief negotiator in labor relations matters,
Page 13 of 14
Updated: May 8, 2024
Resolution No. 2024‐063‐2137
and in accordance with Florida Statutes Section 447.605, the City Manager may request that the
City Council meet in private to consider negotiations related to collective bargaining.
4.5.2. EXECUTIVE SESSION ‐ LITIGATION
The City Attorney when necessary calls Executive Sessions. Pursuant to Florida Statutes
286.011(8), the City Attorney may request an attorney‐client Executive Session for the purposes
of litigation to consider strategy and possible settlement of cases.
4.6. ZONING MEETINGS/QUASI JUDICIAL HEARINGS
Section 34‐44 of the City’s Code of Ordinance provides the procedures for Quasi‐judicial
proceedings. These proceedings occur when the City Council considers applications for
rezoning, variances, conditional use permits, design review approvals or other requests where
there is an impact on a limited number of persons or property owners, or identifiable parties
and interests. Such decisions are contingent on facts arrived at from distinct alternatives
presented at a hearing, and where the decision occurs as the result of the City Council acting in
its legislative capacity, i.e. making law.
When the City Council hears zoning items, it is important to remember that these items cannot
be denied, simply because the City Council does not want to see the project be developed. It is
important that the standards as outlined in the Zoning Code are applied to the project and that
the rationale behind denying an application is clearly laid out so that the actions can be defended
in court. These decisions must be supported by what is known as “competent substantial
evidence” in the record.
The City of Miami Gardens has adopted what is known as the Jennings Rule. This means that
members of the City Council are not prohibited from having discussion with applicants about
their applications, prior to the City Council meeting. However, if a member of the City Council
engages in these conversations at the hearing on the application, the Councilmember must
disclose the communication, the identity of the person, group or entity with whom the
communication took place, and such information must be made a part of the record prior to a
final vote on the matter. Council members should also indicate whether their discussions would
have an effect on their ability to be unbiased in their decision‐making.
4.7. CITY COUNCIL AGENDA
Section 2‐51 of the City’s Code of Ordinance provides the procedures for setting the City Council
Agenda. There shall be an official agenda for every meeting of the City Council. The City
Page 14 of 14
Updated: May 8, 2024
Resolution No. 2024‐063‐2137
Manager and/or clerk shall be responsible preparing an agenda for each meeting. The agenda in
advance of the meeting as time for preparation will permit. Only City Councilmembers or
Charter Officers may place items on the Agenda. The City Clerk shall establish a consent agenda
for the adoption of resolutions and other items upon the advice and recommendation of the city
manager, and approval of the Mayor. However, each member of the City Council shall have the
authority to place self‐sponsored items on the consent agenda without prior approval.