R5D - Establish Procedure to Remove 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.
Sponsors
Detailed Information
Cached: 2 days agoOrdinances - R5 R5D
COMMISSION MEMORANDUM
9:35 a.m. Second Reading Public Hearing
BACKGROUND/HISTORY
The attached Ordinance is presented by the sponsor, Commissioner David Suarez, for consideration by the Mayor and City Commission at Second Reading / Public Hearing. At First Reading on July 23, 2025, the Ordinance was amended to require a 6/7ths vote of the City Commission to remove an at-large appointee, and to provide that a member of a land use board cannot be removed on the basis of the board member’s vote on a particular application or matter.
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:
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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); 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); If the member fails to possess an active professional license requisite to the member’s position; or If the member is charged with or convicted of a felony or crime involving dishonesty, fraud, or moral turpitude. Following First Reading, the Ordinance has been revised to reflect that, under existing code provisions, a member is subject to automate removal if the member abstains from voting due to conflicts of interest in excess of the maximum number of permitted abstentions per calendar year, if applicable to that particular board or committee.
This Ordinance shall have retroactive effect and shall apply to both current and future members of City Boards and Committees.
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: 8/19/2025 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
9:35 a.m. 2nd Rdg, Removal of Board or Committee Members. (Suarez) CA
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 7/23/2025 - R5 U