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Item R5U

R5U - Establish Removal Process for Board Members

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AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “ADMINISTRATION,” BY AMENDING ARTICLE III, ENTITLED “AGENCIES, BOARDS, AND COMMITTEES,” BY CREATING SECTION 2-28, ENTITLED “PROCEDURE FOR THE REMOVAL OF BOARD AND COMMITTEE MEMBERS,” TO ESTABLISH A PROCEDURE FOR THE REMOVAL OF A BOARD OR COMMITTEE MEMBER; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.  

July 23, 2025
Sponsors
City Attorney
Commissioner David Suarez
Commissioner David Suarez

Detailed Information

Cached: 3 weeks ago

Ordinances - R5 U

COMMISSION MEMORANDUM

TO:
Honorable Mayor and Members of the City Commission
FROM:
City Attorney Ricardo J. Dopico
DATE:
July 23, 2025

11:00 a.m. First Reading Public Hearing

TITLE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “ADMINISTRATION,” BY AMENDING ARTICLE III, ENTITLED “AGENCIES, BOARDS, AND COMMITTEES,” BY CREATING SECTION 2-28, ENTITLED “PROCEDURE FOR THE REMOVAL OF BOARD AND COMMITTEE MEMBERS,” TO ESTABLISH A PROCEDURE FOR THE REMOVAL OF A BOARD OR COMMITTEE MEMBER; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.

BACKGROUND/HISTORY

The attached Ordinance is presented by the sponsor, Commissioner David Suarez, for consideration by the Mayor and City Commission at First Reading.

ANALYSIS

On July 2, 1997, the City Commission enacted Ordinance No. 97-3086, which is codified at Sections 2-21 through 2-26 of the Code of the City of Miami Beach, Florida (the “Code”), as amended, to establish standards for the creation of City boards and committees and the appointment of qualified individuals thereto.

The purpose of this Ordinance is to create a uniform procedure for the removal of members of City boards and committees. The Ordinance establishes provisions both for the removal of direct appointees (i.e. individuals who are directly appointed by the Mayor or a member of the City Commission to a board or committee) and at-large appointees (i.e. individuals appointed by the City Commission as a whole).

Under the following circumstances, the Ordinance provides for the automatic removal of a board or committee member:

1. If the member fails to attend the minimum required number of meetings applicable to that particular board. (This is an existing requirement of the Code, and is merely included in this Ordinance as a cross-reference);

2. If the member no longer satisfies the City affiliation requirement (e.g., residency, ownership in a business, or employment by a business located in Miami Beach);

3. If the member fails to possess an active professional license requisite to the member’s position; or

4. If the member is charged with or convicted of a felony or crime involving dishonesty, fraud, or moral turpitude.

FISCAL IMPACT STATEMENT

This Ordinance is not anticipated to have a fiscal impact on the City’s resources.

Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: 06/11/2025 See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

CONCLUSION

Applicable Area

Citywide

Is this a “Residents Right to Know” item, pursuant to City Code Section 2-17?

Is this item related to a G.O. Bond Project?

No

No

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

City Attorney

Sponsor(s)

Commissioner David Suarez

Co-sponsor(s)

Condensed Title

11:00 a.m. 1st Rdg PH, Removal of Board or Committee Members. (Suarez) CA

Previous Action (For City Clerk Use Only)

Attachment

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