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.
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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.
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- ;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
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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
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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.
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