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HomeMy WebLinkAboutOrdinance 2013-410 ORDINANCE NO. 2013- L. I 0 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING THE CITY CHARTER TO ACCEPT THOSE CHARTER AMENDMENTS APPROVED BY A MAJORITY OF THE VOTERS ON TUESDAY, JUNE 4, 2013 ACCORDING TO OFFICIAL RESULTS; AMENDING SECTION 2.4 "QUALIFICATIONS"; AMENDING SECTION 3.2 "POWERS AND DUTIES OF THE CITY MANAGER"; AMENDING SECTION 7.4 "CHARTER REVISION"; AMENDING CERTAIN SECTIONS FOR CLARIFICATION PURPOSES AND TO CORRECT GRAMMATICAL ERRORS; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; DIRECTING THE CITY CLERK TO AMEND THE CITY CHARTER IN ACCORDANCE WITH THE ELECTION RESULTS AND THIS ORDINANCE; PROVIDING FOR INCLUSION INTO THE CITY CHARTER AND CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sections 6.01 (a) of the Charter of the City of Sunny Isles Beach provides that the Commission may, by ordinance, propose amendments to the Charter subject to approval by the electorate at the next general election or at a special election called for such purpose; and WHEREAS, pursuant to Section 7.4 of the Charter, the City Commission appointed the Charter Revision Commission via Resolution No. 2012-499, on December 12, 2012, to consider any revisions to the Charter and submit same to the City Commission within ninety (90) days or no later than March 21, 2013; and WHEREAS, pursuant to this directive, the Charter Revision Commission convened, held five separate meetings, and proposed six (6) amendments for consideration by the electorate; and WHEREAS, in accordance to Ordinance No. 2013-404 adopted on April 18, 2013 a Special Election was held on June 4, 2013, and five (5) of the amendments were approved by the electorate; and WHEREAS, the City wishes to (1) amend Section 2.4 of the Charter to require candidates for Commissioner and Mayor to submit proof of residency at the time of qualification; (2) amend Section 3.2 to clarify that although the City Manager is responsible for the supervision of the Chief of Police, the hiring or termination of the Chief of Police is subject to the approval of the majority of the City Commission; (3) amend Section 7.4 to authorize the Charter Revision Commission to select its own Chairperson; (4) amend Section 7.4 to authorize the Charter Revision Commission to have 120 days after being appointed to draft and submit any proposed amendments to the City Commission; and (5) amend certain Sections for clarification purposes and to correct grammatical errors. 02013-Charter Amendments Approved At Election 060413 Page 1 of 4 WHEREAS, an election was held on June 4, 2013, and in accordance with the majority vote and official election results the City Charter must be amended in accordance with the terms of this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed. Section 2. Charter Amendments. That pursuant to Section 6.1(a) of the City Charter and Section 6.03 of the Miami-Dade County Charter, the City Charter of the City of Sunny Isles Beach, Florida, is hereby amended to read as follows: Part A. Section 2.4 of the City Charter of the City of Sunny Isles Beach is hereby amended to read as follows: § C-2.4. —Qualifications. Candidates for Commissioner or Mayor shall qualify for election by the filing of a written notice of candidacy with the Clerk of the City at such time and in such manner as may be prescribed by ordinance and payment to the City Clerk of the sum of$100 as a qualifying fee. A person may not be a candidate for Commission and Mayor in the same election. Only electors of the City who have resided continuously in the City for at least one year preceding the date of such filing (and in the respective Residential Area from which the candidate may seek to qualify for election) shall be eligible to hold the Office of Commissioner, including Mayor. Candidates for Commissioner or Mayor shall be required to submit proof of residency at the time of qualifying by producing a valid voter's registration card and any other document which establishes compliance with the residency requirements for the offices of Commissioner or Mayor. The City Commission shall establish more specific residency requirements in an Ordinance. Part B. Section 3.2 of the City Charter of the City of Sunny Isles Beach is hereby amended to read as follows: § C-3.2 —Powers and Duties of the City Manager. The Manager shall: (1) The manager shall be responsible for the appointment, supervision and removal of all City employees except for the Chief of Police and the employees and staff of the Office of the City Attorney and his/her staff. (10) Be responsible for the supervision of the Chief of Police: however, the hiring or termination of the Chief of Police is subject to the approval of the majority of the City Commission. 02013-Charter Amendments Approved At Election 060413 Page 2 of 4 Part C. Section 7.4 of the City Charter of the City of Sunny Isles Beach is hereby amended to read as follows: § C-7.4 Charter Revision At its first regular meeting in December of the fifth year after the adoption of this Charter, in December 2002, and thereafter every 10th year commencing December 2012, the City Commission shall appoint a Charter Revision Commission ("Commission") consisting of five persons including three four from the Residential Areas from which the City Commissioners were elected. , except in the case of the At Large Commissioner in•• ' - • - " - - •• - - - - . The Mayor shall appoint one Charter Revision Commission member who may reside anywhere in the City and that appointee shall be ratified by a majority of the City Commission. Each Commissioner shall be entitled to appoint one Charter Revision Commission member from his or her district but that appointee shall be ratified by a majority of the City Commission. In addition, the Mayor may appoint one person to the Commission who is a member of the City Commission serving a second consecutive term as a City Commissioner but who shall be a non-voting member of the Charter Revision Commission. The Mayor him/herself shall not be eligible for appointment to the revision commission. The Commission shall commence its proceedings within 45 days after appointment by the City Commission. If the Commission determines that a revision is needed, including but not limited to a change in the boundaries or number of Residential Areas, it shall draft such amendments to this Charter as it deems appropriate and submit the same to the City Commission no later than the 90th 120th day after their appointment by the City Commission. The Commission shall, not less than 30 days or more than 60 days after submission of the proposed amendments to the City Commission, submit them to the electors of the City in accordance with the provisions of § C-6.1 except that the provisions of subsections (a) and (b) of such section shall not apply. Notwithstanding any other provision in this Charter, the Charter Revision Commission shall select the Chairperson of the Charter Revision Commission. Section 3. Authority of the City Attorney and City Clerk. The City Attorney and City Clerk are hereby authorized to do all things necessary to revise Sections 2.3, 2.4, 2.7, 4.1, 7.4 and 7.7 of the Charter for clarification purposes and to correct grammatical errors, as more generally described in Exhibit"A". Section 4. Repealer. All ordinances or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 5. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 6. Directions to Clerk. The City Clerk is hereby directed to amend the City Charter in accordance with the election results and this ordinance. 02013-Charter Amendments Approved At Election 060413 Page 3 of 4 Section 7. Inclusion in the Code. It is the intention of the Mayor and City Commission of the City of Sunny Isles Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Charter and Code of the City of Sunny Isles Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. Section 8. Effective Date. This Ordinance shall become effective upon adoption on second reading. PASSED and ADOPTED on First Reading the 2.04'day of N,.\too 2013. PASSED and ADOPTED on Second Reading this I $ day of\.\N 2013. ►•orman S. Edelcup, Mayor / ' ATTEST:- Jane A. Hines,..,CMC, City Clerk APPRO D AS TO FORM AN E , SUFFICIENCY 'T M+ ot, City Attorney Moved by: CO MovuhArLerAtIA CO O'T'TO Second by: Cj L�1 I VOTE AS FOLLOWS: LSD Mayor Edelcup ( ) yes ( ) no Vice Mayor Aelion L/ yes ( ) no Commissioner Gatto ( yes ( ) no Commissioner Levin (4,Z) yes ( ) no Commissioner Scholl ( v) yes ( ) no 02013-Charter Amendments Approved At Election 060413 Page 4 of 4 • ANY i R City Commission s� s� City of Sunny Isles Beach Norman S.EdeleuP,Mayor 0`` _ ;s Isaac Aelion,Vice Mayor � 18070 Collins Avenue,Suite 250 _ 9 Jeanette Gatto,Commissioner = Sunny Isles Beach,Florida 33160 Jennifer Levin,Commissioner ? �' • (305)947-0606 City Hall George`Bud"Scholl,Commissioner *J (305)949-3113 Fax Christopher J.Russo Ciro Manage► 71. X..4 (" ) ...y••••v•wl . h •a o c s 05 947-5107 Fax y Jane A.Hines,CMC,City Clerk r'OF SUN Pa MEMORANDUM TO: Charter Revision Commission FROM: Hans Ottinot,City Attorney DATE: February 26, 2013 RE: Proposed Charter Revisions and Correction of Scriveners Error The following proposed Sections are revised for clarification and grammatical errors. Words added are underlined,words stfieleen deleted. Section 2.3 Election and Term of Office. (a) Election and Term of Office. Each Commissioner and the Mayor shall be elected at-large for four year terms by the electors of the City in the manner provided in - Article 5 of this Charter. •• • _ • . .. ., "" • . • . _! ! ' . . ,. .. • : .. . • _ ! ! • ., : .. • . • (c)Filling of vacancies. A vacancy on the Commission shall be filled as follows: i) If the Mayor's position becomes vacant, and no more than six (6) months remain in the unexpired term of the Mayor, the Vice-Mayor shall complete the term of Mayor. If more than six (6) months remain in the unexpired term of the Mayor, the vacancy shall be filled by a special election to be held not sooner than forty-five (45) days or more than ninety (90) days following the occurrence of the vacancy,unless there is a City, County or State or national election scheduled to take place not sooner than forty- five (45) or more than ninety (90) days following the occurrence of the vacancy, in which case the vacancy shall be filled by the scheduled election. The Vice-Mayor shall serve the term of the Mayor until the special election or scheduled election. A new Vice-Mayor shall Exhibit"A" • serve until the election or scheduled election, unless reappointed to continue to serve after the election iii) A vacancy in any Residential Area seat shall be filled by a qualified person residing in the respective Residential Area. - - iv) Persons filling vacancies shall meet the qualifications specified in this Section 2.4 of this Charter. v) If no candidate for a vacancy meets the qualifications under this Article for that vacancy, the Commission shall appoint a person qualified under this Article to fill the vacancy, who shall serve until the next regularjy scheduled election for the balance of the original term,but only after a hearing and in addition to regular notice requirements,if such vacancy applies to a specific Residential Area,after ten (10)days mailed notice is given to all electors of that particular Residential Area. vi) Notwithstanding any quorum requirements established herein, if at any time the full membership of the Commission is reduced to less than a quorum, the remaining members may, by unanimous vote, appoint additional members to the extent otherwise permitted or required under this subsection (c). vii) In the event that all members of the Commission are removed by death, disability, recall, forfeiture of office and/or resignation,the Governor of the State of Florida shall appoint interim Commissioners who shall call a special election within not less than 30 days or more than 60 days after such appointment.Such election shall be held in the same manner as the first elections under this Charter; provided,however,that if there are less than six months remaining in any of the unexpired terms, such interim Commission appointee(s) by the Governor shall serve out the unexpired terms. Appointees must meet all requirements for candidates provided for in Article 2. Section 2.7 Recall. The electors of the City shall have the power to recall and to remove from office any elected official of the City to the extent permitted by the Florida Constitution and the laws of the State of Florida. The minimum number of electors of the City which shall be required to initiate a recall petition shall be ten (10%) percent of the total number of electors of the City as of the preceding City election and shall be accomplished in accordance with the procedures set forth in Section 5.2 herein below. (a) Power to Initiate and Reconsider Ordinances. i) Initiative. The electors of the City shall have power to propose ordinances to the Commission and, if the Commission fails to adopt an ordinance so 2 proposed without any change in substance, to adopt or reject it-such proposed ordinance, at a City election,provided that such power shall not extend to the annual budget or capital program or any ordinance appropriating money, levying taxes or setting salaries of City =cm; as crap:a Cw,pu Duaui iV D1 i.ii i'al uuai UUUigCi. ii) Referendum. The electors of the City shall have power to require reconsideration by the Commission of any adopted ordinance and,if the Commission fails to repeal an ordinance so reconsidered, to approve or reject it-such adopted ordinance at a City election,provided that such power shall not extend_to the annual budget or capital program or any ordinance appropriating money, levying taxes or setting salaries of City officers or employees, pursuant to such annual budget. (c) Petitions. i) Number of Signatures. Initiative and referendum petitions must be signed by electors of the City equal in number to at least ten percent (10%) of the total number of electors registered to vote at the last regular City election. ii) Form and Content. All papers of--constituting a petition shall be assembled as one instrument of filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name of the side signatory and the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. iii) Affidavit of Circulator. Each paper constituting a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that s/he personally circulated the papers constituting the petition, the number of signatures thereon, that all the signatures were affixed in his/her presence that s/he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer has had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. iv) Filing Deadline., All initiative and referendum petitions must be filed within sixty (60) days of the date on which proceedings with respect to such initiative or referendum are commenced. (d) Procedure for Filing. i) Certificate of Clerk: Amendment. Within twenty (20) days after an initiative petition is filed or within five (5) days after a referendum petition is filed, the Clerk shall complete a Certificate as to its sufficiency (the "Certificate") specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the Certificate to the petitioners' 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 signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the Clerk within two(2)business days 3 after receiving the copy of the Certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such Certificate. Such supplementary Petition shall comply with the requirements of paragraphs (i), (ii) and (iii) of subsection (c) of this Section, and within five (5) days after it is Men, me uteri( snail ' complete a Certificate as to the sufficiency of the petition as amended and promptly send a copy of such Certificate to the petitioners' committee by registered mail as in the case of an - - original petition. If a petition or amended petition is certified sufficient,or if a petition or • amended petition is certified insufficient and the petitioners' committee does not elect to amend or request Commission review under paragraph(ii) of this subsection(d)within the time required,the Clerk shall promptly present his/her Certificate to the Commission and within sixty (60)days the Certificate shall then be a final determination as to the sufficiency of the petition. Section 4.1 Commission Meeting Procedure (c) Quorum and Voting.A majority of the Commission physically present shall constitute a quorum but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Commission. Voting on ordinances shall be by roll call on final reading and shall be recorded in the journal. All other matters shall be by voice vote unless a Commissioner or the City Clerk requests otherwise. No action of the Commission, except as otherwise provide in the Charter, shall be valid or binding unless adopted by the affirmative votes of at least three(3) Commissioners. Section 7.4 Charter Revision At its first regular meeting in December of the fifth (5th)year after the adoption of this Charter, in December 2002, and thereafter every tenth (10) year commencing December 2012, the Commission shall appoint a Charter Revision Commission ("Charter Revision Commission") consisting of five (5) persons including wee-(3) four (4) from the Residential Areas from which the Commissioners were elected. ' . Each Commissioner shall be entitled to appoint one Charter Revision Commission member from his or her district but that appointee shall be ratified by a majority of the Commission. In addition, the Mayor may appoint (1) person to the Charter Revision Commission who is a member of the Commission serving a second consecutive term as Commissioner but who shall be a non-voting Commission member. The Mayor him/herself shall not be eligible for appointment to the revision commission. The Charter Revision Commission shall commence its proceedings within forty-five (45) days after appointment by Commission. If the Charter Revision Commission determines that a Charter revision is needed, including but not limited to a change in the boundaries or number of Residential Areas,it shall draft such amendments to this Charter as it deems appropriate and submit the same to the City Commission no later than the ninetieth(90) day after their appointment by the Commission. The Commission shall,not less than thirty (30) days or more than sixty (60) days after submission of the proposed amendments to Commission, submit them to the electors of the City in accordance with the provisions of 4 Section 6.1 except that the provisions of subsections (a) and (b) of such Section shall not apply. Section 7.7 Precedence over Related Laws. 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Hines, CMC, City Clerk DATE: 7/18/2013 RE: Ordinance Amending the City Charter Accepting Charter Amendments Approved by a Majority of the Voters on June 4, 2013 RECOMMENDATION: It is requested that the City Commission adopt the proposed Ordinance amending the City Charter accepting the Charter Amendments as approved by a majority of voters at the Special Election held on June 4, 2013. REASONS: A Special Election was held on Tuesday, June 4, 2013, and in accordance with the majority votes and official election results, the City Charter must be amended in accordance with the terms of the attached Ordinance by: (1) Amending Section 2.4 of the Charter to require candidates for Commissioner and Mayor to submit proof of residency at the time of qualification; (2) Amending Section 3.2 to clarify that although the City Manager is responsible for the supervision of the Chief of Police, the hiring or termination of the Chief of Police is subject to the approval of the majority of the City Commission; (3) Amending Section 7.4 to authorize the Charter Revision Commission to select its own Chairperson; (4) Amending Section 7.4 to authorize the Charter Revision Commission to have Agenda Item No 9A Date 7/18/2013 34 . • 120 days after being appointed to draft and submit any proposed amendments to the City Commission; and (5) Amending certain Sections for clarification purposes and to correct grammatical errors. ATTACHMENTS: • Ordinance • Notice of Public Hearing Miami Herald Aeenda Item No 9A Date 7/18/2013 35