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2009-33-205 - Charter Amendment to be voted on City of Miami Gardens Agenda Cover Memo Council Meeting Date: 11/10/2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: NA Sponsor Name City Council Department: NA Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, PROVIDING FOR AN AMENDMENT TO SECTIONS 2.2 AND 3.3(1), OF THE CHARTER OF THE CITY OF MIAMI GARDENS, TO AUTHORIZE THE CITY COUNCIL TO APPOINT, HIRE, PROMOTE, SUPERVISE AND REMOVE ITS OWN LEGISLATIVE STAFF PERSONS; SUBMITTING THE QUESTION FOR APPROVAL OF THE ELECTORATE OF THE CITY OF MIAMI GARDENS AT THE GENERAL ELECTION TO BE HELD IN AUGUST 2010; PROVIDING FOR THE CALL OF THE ELECTION ON THE ISSUE TO BE PRESENTED ON THE BALLOT; PROVIDING FOR AUTHORITY TO THE CITY ATTORNEY AND CITY CLERK; PROVIDING FOR REPRESENTATIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Staff Summary: In accordance with Sections 6.1 and 6.2 of the City of Miami Gardens Charter, in December 2008, the City Council appointed a Charter Revision Commission. The Charter Revision Commission met on several occasions and has made recommendations to the City Council for certain amendments to the City Charter. Among other amendments, the Commission has recommended that the City Council amend Sections 2.2 and 3.3(1) of the Charter to give the City Council the authority to directly appoint, hire, promote, supervise and remove its own legislative staff persons. Pursuant to Sections 6.1 and 6.2 of the City Charter and Section 6.03 of the Home Rule Charter of Miami-Dade, as applicable, the City Council is required to submit the Charter Amendments to the electors of the City for approval or rejection. Proposed Action: ITEM I-1) ORDINANCE SECOND READING Proposed Charter Amendment Section 2.2 and 3.3(1) 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Approve an ordinance amending sections 2.2 and 3.3(1), of the Charter of the City of Miami Gardens. Attachment: Charter Commission Recommendations. 1RECOMMENDED CHARTER AMENDMENTS Section 2.2 There shall be a City Council (the “Council”) vested with all legislative powers of the City, including the right to hire staff persons to assist the City Council in its legislative affairs. The Council shall consist of the Mayor, and six Council members (“Council members”). References in this Charter to the Council and/or Council members shall include the Mayor, unless the context dictates otherwise. Section 3.3 The Manager shall: (1) Be responsible for the appointing, hiring, promoting, supervising and removing of all City employees, except the City Attorney, the City Clerk, and all employees of the Office of the City Attorney ,and all employees of the Office of the City Clerk, and employees of the City Council. Section 5.2(D) (D) Procedure for filing. (1) Certificate of Clerk: Amendment. Within 20 calendar days after an initiative Petition is filed or within five business days after a referendum Petition is filed, the City Clerk shall complete a certificate as to its sufficiency (“the Certificate”). If insufficient the Certificate shall specify the particulars of the deficiency. A copy of the Certificate shall be promptly sent to the Committee by registered mail. Grounds for insufficiency are only those specified in subsection (C) of this Section. A Petition certified insufficient for lack of the required number of valid signature may be amended once if the Committee files a notice of intention to amend it with the City Clerk within two calendar days after receiving the copy of the Certificate and files a Supplementary Petition (“Supplementary Petition”) with the City Clerk with additional valid signatures within ten calendar days after receiving the copy of such Certificate. Such Supplementary Petition shall comply with the requirements of subsection (C) of this section. Within five business days after a Supplementary Petition is filed, the City Clerk shall complete a Certificate as to the sufficiency of the Petition as amended (“Amended Petition”) and promptly send a copy of such Certificate to the Committee by registered mail. If a Petition or Amended Petition is certified sufficient, or if a Petition or Amended Perdition is certified insufficient and the Committee does not elect to amend or request Council review under paragraph (2) of this subsection within the time required, the City Clerk shall promptly present his/her certificate to the Council 1 The Charter Revision Commission considered all sections of the Charter. This list merely contains items where motions were actually made. and such Certificate shall then be a final determination as to the sufficiency of the Petition. The Clerk shall be required to verify all signatures required by this section with the Miami-Dade County Supervisor of Elections. Section 6.2(B) The Commission shall consist of five persons including one from each of the four Residential Areas. One appointment shall be made by the Mayor and each Residential Council member. In addition, the Mayor shall appoint one person to the Commission who is the Vice-Mayor or Council member who is serving a second consecutive term, who shall serve as a non-voting Commission member. In the event a second term Vice-Mayor or Council member is not serving, the Mayor may appoint a sitting Vice Mayor or Council member. The Mayor, City staff, and Council members, other than the nonvoting member referenced above, shall not be eligible for appointment to the Commission. The Commission shall commence its proceedings within 45 calendar days after appointment by the Council. PROVISIONS THE COMMISSION VOTED NOT TO AMEND ● 1.2 Form of Government – The Commission determined that the form of government is sufficiently clear in the Charter ● 2.1(a)(3) – Amendments to Council Committees – The Commission determined that no amendments were necessary because the City Council has discretion to determine whether to appoint laypersons to Committees of the Council. ● 2.6 Compensation/Reimbursement of Expense (Mayor and Council) – The Commission determined that no changes need to be made at this time to this provision. ● 3.2 City Manager Residency Requirement – The Commission determined that no changes need to be made at this time to this provision. ● 2.3(e)-Clarification on definition of term – The Commission determined that no amendments need to be made to clarify that “term” for purposes of term limits, means a complete term, and does not refer to instances when a person fills an incomplete term. ● 2.3(e) – Amendments to Term Limits-The Commission determined that no amendments needed to be made to this this provision. ● 5.1 Election Dates -The Commission determined that since this provision was already amended by Ordinance that no changes are required.