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HomeMy WebLinkAboutReso 2020-3036 RESOLUTION NO. 2020- 303 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING A PROCEDURE FOR PLACEMENT OF LEGISLATIVE ITEMS BY A CITY COMMISSIONER ON THE CITY COMMMISSION AGENDA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City of Sunny Isles Beach("City")is committed to the principles of good governance; and WHEREAS, Section 74-14(B) the City's Code of Ordinances provides that matters may be placed on an agenda by any City Commissioner, the City Manager, the City Attorney or the City Clerk; and WHEREAS, Section C-4.1. (b) of the City's Charter further provides that the City Commission shall determine its own rules of procedure and order of business as it relates to City Commission Meetings, and therefore, the manner in which matters may be placed on an agenda; and WHEREAS,good governance requires that when Resolutions or Ordinances are proposed by a City Commissioner that would affect the City's operations, that the City Manager and staff have the time to conduct their due diligence, such as the potential fiscal impacts and the resources required to effectuate the proposed legislation; and WHEREAS, good governance further requires that the City Attorney have an ample opportunity to review the sponsored Resolutions or Ordinances to ensure that the proposed legislation is legally sound, and to further provide the City Commission with legal counsel; and WHEREAS, in the interest of being fiscally responsible, and efficiently managing the City's resources,the City Commission believes it would be in the best interest of the City to adopt a policy governing the process by which Resolutions and Ordinances can be placed an agenda by a City Commissioner; and WHEREAS, the policy would require that any proposed Resolutions or Ordinances made by a City Commissioner, which would effect City operations, first be addressed as a Discussion Item during a City Commission Meeting, and only if there is a consensus by a majority of the City Commission to proceed with the proposed legislative matter, will the City Manager and City Attorney prepare the legislation for further consideration on a subsequent agenda; and WHEREAS, the procedure set forth herein would not apply to Resolutions or proclamations commemorating special occasions, groups or persons, nor would it apply to Resolutions that express the City Commission's position on proposed State or Federal legislation, or like matters; and WHEREAS, the aforementioned procedure would ensure that City staff, time, and resources are expended only on those matters that reflect the will of the City Commission as a whole. R2020 Adopting Procedure for Placement of Items on Agenda Page 1 of 3 I . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and confirmed as being true and the same are hereby made part of this Resolution. Section 2. Agenda Procedure. The City Commission hereby adopts the following procedure for placement of matters on an agenda by a City Commissioner when the proposed legislation affects City operations: • Prior to directing the City Manager, City Clerk, and/or City Attorney to prepare a Resolution or Ordinance which will affect City operations, a City Commissioner must first propose the same to the City Commission as a Discussion Item during a City Commission Meeting. • At the conclusion of the discussions concerning the proposed matter,upon a finding that there is consensus among the City Commission to proceed with proposed matter, then the City Manager or City Attorney will prepare the legislation for further consideration by the City Commission on a subsequent agenda. Section 3. Exemptions. The procedure set forth herein shall not apply to Resolutions or proclamations commemorating special occasions,groups or persons,or to Resolutions that express the(City Commission's position on proposed State or Federal legislation, or like matters. Section 4. Effective Date. This Resolution shall become effective upon passage. PASSED AND ADOPTED on this 16th day of J.. 2020. 0rGeorge H. :choll, Mayor ,, • ' ATT f S.1 't Of ,, ,i A* IIIf i. .., - ;Mau icio Btancur, CMC, City Clerk R2020 Adopting Procedure for Placement of Items on Agenda Page 2 of 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ii/te)441 Edward A. Dion, City Attorney Moved by: VICE 0111647- &V-e d Seconded by: COM V►�I J Gi'/t UI s 0304- Vote: Mayor Scholl I (Yes) (No) Vice Mayor Svechin —I—(Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama ✓ (Yes) (No) Commissioner Viscarra ✓ (Yes) (No) R2020 Adopting Procedure for Placement of Items on Agenda Page 3 of 3 i l o,silN-1"z s� City of Sunny I � sles Beach ' ti jn x ; _1'7 1800 Collins Avenue rt..-. = Sunny Isles Beach, Florida 33160 ' '$' 9>"F fAC' ywr (305)947-0606 City Hall r, V OF SVK l''4O (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: George H. Scholl, 9Mayor DATE: 1/16/2020 RE: Procedure for Placement of Legislative Items by City Commission on Commission Agenda RECOM M ENDAT ION: ,0 This resolution is presented for your consideration. REASONS: Section C-4.1. (b) of the City's Charter provides that the City Commission shall determine its own rules of procedure and order of business as it relates to City Commission Meetings, and therefore, the manner in which matters may be placed on an agenda. It would be in the best interest of the City to adopt a procedure governing the process by which Resolutions and Ordinances can be placed on an agenda by a City Commissioner. The policy would require that any proposed Resolutions or Ordinances made by a City Commissioner, which would effect City operations, first be addressed as a Discussion Item during a City Commission Meeting, and only if there is a consensus by a majority of the City Commission to proceed with the proposed legislative matter, will the City Manager and City Attorney prepare the legislation for further consideration on a subsequent agenda. ADDITIONAL INFORMATION: i This procedure would give the City Manager and staff the necessary time to conduct their due diligence, such as assessing the potential fiscal impacts and the resources required to effectuate the proposed Clegislation. It would also afford the City Attorney ample opportunity to review the sponsored Resolutions or Ordinances to ensure that the 210 proposed legislation is legally sound, and to further provide the City Commission with legal counsel. . , The procedure would not apply to Resolutions or proclamations commemorating special occasions, groups or persons, nor would it apply to Resolutions that express thei City Commission's position on proposed State or Federal legislation, or like matters. . ATTACHMENTS: , Dettiption Resolution Item NuMber: 10.L. ‘.• • • • • . , . • , - - . , 211