City Council Workshop

City of Miami Gardens City Council Workshop Agenda March 10, 2021 at 5:00 PM City Council: Staff: Mayor Rodney Harris City Manager Cameron Benson Vice Mayor Reggie Leon City Attorney Sonja K. Dickens, Esq. Councilwoman Shannon Campbell City Clerk Mario Bataille, CMC Councilwoman Shannan Ighodaro Councilwoman Linda Julien Contact: Councilman Robert Stephens, III Council Chambers Councilwoman Katrina Wilson Miami Gardens, Florida 33056 Phone: (305) 914-9010 Fax: (305) 914-9033 Website: www.miamigardens-fl.gov Livestream: https://miamigardens.civicweb.net/Portal/Video.aspx Next Regular Meeting Date: March 24, 2021 **Special Notice to the Public** The City Council meeting will be streamed live on the City's website via the Agenda Web Portal at https://miamigardens.civicweb.net/Portal/Video.aspx and YouTube Live as the City Council Chambers will be closed to the public but an exemption will be made for the allowance of one individual at a time to enter Council Chambers in order to address the City Council during the Open Public Comment portion of the City Council meeting, on a particular item, or during a quasi-judicial public hearing. Zoom will be available as an additional means for public participation. Any member of the public who wishes to provide public comment can do so by pre-registering with the City Clerk at least one hour prior to the meeting by emailing mbataille@miamigardens-fl.gov. City of Miami Gardens Resolution No. 2020-136-3533 established procedures for meetings of the City Council while the City remains under a declared State of Emergency due to the Coronavirus/COVID-19 pandemic and are consistent with social distancing recommendations intended to protect the life and safety of individuals in the community. City Hall remains closed to the public but exception will be made for the allowance of one individual at a time to enter Council Chambers in order to address the City Council during the Open Public Comment portion of the City Council meeting, on a particular item, or during a quasi-judicial public hearing. The only individuals that will be present physically at all time during these City Council Meetings are the Mayor, City Council, Charter Officers, Deputy City Manager, Deputy City Clerk, Assistant City Attorney, and a I.T. support staff members. Article VII of the Miami Gardens Code entitled, “Lobbyist” requires that all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay a one-time annual fee of $250.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is broadly described Page 1 of 15 to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. All not-for-profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required. Page 1. CALL TO ORDER/ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. PRESENTATIONS 4.1 CITY OF MIAMI GARDENS RECREATION PILOT PROGRAM "CMG 3-4 CONNECT" Sponsored by: City Manager Agenda Cover Memo #21-029 - Pdf 5. DISCUSSION ITEM(S) 5.1 DISCUSSION ON THE PROCESS FOR REOPENING THE PARKS Sponsored by: City Manager 5.2 DISCUSSION ON THE CITY OF MIAMI GARDENS PROTOCOL 5 - 15 MANUAL Sponsored by: City Clerk Protocol Manual-ver.5 6. ADJOURNMENT Page 2 of 15 Agenda Item #4.1 City of Miami Gardens Agenda Cover Memo 21-029 Meeting: City Council Workshop - Mar 10 2021 Department Sponsored By Live Healthy Miami Gardens City Manager Agenda Item Title CMG Connect Pilot Recreation Program Staff Summary The City of Miami Gardens’ City Council recently passed a series of ATOD (Alcohol, Tobacoo and Other Drugs) Ordinances aimed at reducing consequences associated with the sale and consumption of high-risk alcohol products in the City. These ordinances focused on retailers licensed as “off-premise” outlets, which sell alcohol for consumption off-premises (e.g. liquor stores, grocery stores, convenience stores, gas stations and drug stores). These ordinances will reduce the disparity of consumption of alcohol in our community and reduce alcohol-related harms, while improving health and safety. Compliance will also reduce young people’s exposure to predatory alcohol advertising, a practice which has been shown to delay the age of a first drink and reduce youth binge drinking. As part of the planning for these ordinances, community stakeholders agreed it was necessary to also address the needs of the adults, currently congregating at these off premises establishments that would be displaced. Therefore, the City Manager has decided the City would develop a recreation program to address this segment of our population and create passive opportunities to encourage recreation at a park. As a result, staff explored a number of national best practice models and based on that research are recommended the following: • The City would implement a 12-month pilot program at Myrtle Grove Park using the nationally recognized Parks After Dark (PAD) Model, a model for violence prevention and health promotion, rooted in cross-sector collaboration which has implications for how public agencies serve communities. Originally developed as a violence prevention strategy, PAD has been shown to improve physical activity, social cohesion, and enhance health and well-being in underserved communities. More than any other factor, where people live determines their health (Senterfitt et al., 2013; University of Wisconsin, 2014). Social determinants of health, such as community safety, can be a critical barrier to health promotion that requires a place-based approach, characterized by collaboration both within public health and across sectors to more efficiently and effectively improve well-being. PAD programs allow jurisdictions to provide vulnerable communities with a safe space to gather, free recreation and educational programming, and access to needed health and social service resources. PAD has been proven to produce Page 3 of 15 Agenda Item #4.1 important systemic changes and demonstrate how government and community organizations across sectors can work together to serve communities. • The program would be implemented at Myrtle Grove Park. Staff believes this park is ideal for such programming because it currently facilitates similar adult programming through its partnership with The Circle of Brotherhood. The organization has a long history of effectively sustaining engaging of this marginalized population. This facility does not currently house any youth programming which provides youth and adult separation and safety; and is located in an area of the City that has less of a residential footprint. The park is also conveniently located off 183rd Street, and is accessible through public transportation. • The City will provide opportunities to participate in recreational activities, offer entertainment programming and incorporate a variety of educational programs. Additionally, the City will engage multiple stakeholders with a view to offering a number of community resources to address the needs of this targeted population. This includes Veteran services; mental health; primary health and others. Fiscal Impact Recommended Action Page 4 of 15 Agenda Item #5.2 1. INTRODUCTION AND OVERVIEW 1.1. PURPOSE OF PROTOCOL MANUAL This Protocol Manual is designed to assist the City Council, Charter Officers and Staff by memorializing existing policies, procedures, rules and regulations directly related to City business, interactions with surrounding municipalities, as well as the general public. The relationship between the Mayor, City Council, Charter Officers (City Manager, City Clerk, City Attorney) and Staff is thoroughly defined in the City Charter and should be adhered to at all times. Additional purposes of this manual include, but are not limited to, the improvement of efficient and effective City Council/staff relations. The productivity of City business is greatly enhanced by the agreement of City Council, Charter Officers, and staff to abide by all practices. This manual should be viewed as an instructive source of guidance where practices are documented and expectations are clarified. Practices and expectations will vary as circumstances arise. City Council will review and revise this manual accordingly, as a body. 1 As used herein, unless the context dictates otherwise the term “Council member” shall include members of the City Council and the Mayor as outlined in Section 2.2 of the Charter. 1.2. MAYOR-COUNCIL-MANAGER FORM OF GOVERNMENT The City Charter here in referred to as “the Charter” acts as the City's Constitution. It outlines the form of government, and establishes the organizational structure of the City. The City of Miami Gardens was established with a Mayor-Council-Manager form of government, which means the Mayor, City Council, and the City Manager all have distinct authority as outlined in the Charter. In addition, the Charter provides and outlines the roles of the Charter Officers. The Mayor serves as the presiding officer and chair of all meetings of the City Council. The Mayor is also recognized as head of the Government for all ceremonial purposes, for purposes of military law, and for service of process. Additional specific responsibilities of the Mayor can be located in Section 2.1 of the Charter. During the absence or incapacity of the Mayor, the Vice Mayor shall have all the powers, authority, duties and responsibilities of the Mayor. An elected City Council serves as the City’s primary legislative body whose core functions include establishment of policy, budget approval, tax rate determination, etc. The City has a City Manager whose primary functions include, but are not limited to oversight of day-to-day 1 The issues addressed in this publication are often complex and subjective in nature. This manual is intended to be a guide and in no manner a substitute to the City’s Charter, Code of Ordinance, or any counsel, guidance, or opinion of the City Attorney. Page 1 of 11 Page 5 of 15 Agenda Item #5.2 municipal functions, budget preparation and implementation and enforcement of policy and legislative initiatives of the City Council. The City Manager is also responsible for all personnel related matters of the Office of the City Manager. The City Attorney is the Chief Legal Advisor to the City Council and City Staff. The City Attorney is also responsible for all personnel related matters of the Office of the City Attorney. The City Clerk is the records custodian of the City, the Supervisor of Elections, manages the advisory boards and commissions, coordinates advertisements and public notices, along with other related duties. The City Clerk is also responsible for all personnel related matters of the Office of the City Clerk. Section 4.2 prohibits the City Council and any of its members from dictating the appointment or removal of any City employee, whom the City Manager or any of his subordinates are empowered to appoint, and only authorizes guidelines to be made to the City Manager and the City Attorney. It also prohibits individual City Council members from making demands to the City Manager. City Council members can however, discuss City business with the City Manager.2 2. MAYOR AND CITY COUNCIL MATTERS 2.1. INTERGOVERNMENATL RELATIONS Intergovernmental relations are conventionally defined as the processes and institutions through which governments within a political system interact. For purposes of this manual intergovernmental relation is defined as interactions between the City and other governmental entities such as Miami Dade County, the State of Florida, Miami-Dade County School Board, neighboring Municipalities, etc. Several of the Mayor and City Council members’ legislative functions will involve coordination with other governmental entities on the delivery of services to constituents, especially where those residential areas overlap. Section 2.1 of the City Charter specifically provides language that states the Mayor shall be recognized as head of the City government for all ceremonial purposes and officially designated to represent the City in all dealings with other governmental entities. Furthermore, the Mayor shall execute contracts, deeds and other documents of behalf of the City as authorized by the Council. Therefore, all dealings with governmental entities as defined above, must be through the Office of the Mayor. If the Mayor chooses, he or she can designate City Council Members, the Manager and/or the City Attorney to deal with the governmental entities. The Mayor may designate the Vice Mayor and/or any City Council Member to represent the City for ceremonial purposes. 2 Article IV of the City’s Charter provides a prohibition to the City Council concerning interference with administration. Page 2 of 11 Page 6 of 15 Agenda Item #5.2 2.2. MAYOR AND CITY COUNCIL STAFF SUPPORT Legislative staffing and support to the Mayor is provided by the Office of the City Manager. Legislative staffing and support to City Council is provided by the Office of the City Clerk. Therefore, the City Manager will designate the individual(s) assigned to staff the Mayor and the City Clerk will designate the individual(s) assigned to staff City Council Members. While legislative staff members work closely with their assigned elected official, legislative staff members have a direct report to their immediate supervisor whether it be through the Office of the City Manager or the Office of the City Clerk. The Mayor and City Council members do not have supervisory authority over legislative staff support employees. The Mayor and City Council may freely express with the City Manager and the City Clerk any concerns that are directly related to the appointment and/or removal of legislative staff employees assigned to assist their Offices. The Mayor and City Council shall not in, any manner, dictate the appointment and removal of any legislative staff and/or employee. Support from assigned legislative staff will include but is not limited to: preparation of agenda items, preparation of correspondence and reports, coordinating meetings, planning and coordination of events, submission of Council request, following up on Council request, staffing elected officials at events, etc. Legislative staff members shall not perform personal errands for elected officials and shall not be requested to perform tasks on their own time without proper notification and/or compensation. 2.3. USE OF THE OFFICIAL CITY LOGO Section 2.2 of the City of Miami Gardens Code of Ordinance provide for the official logo of the City as the City’s identifying symbols which is on file with City Clerk’s Office and should be used whenever it is necessary for the City to identify equipment, facilities, documents, etc. In addition, it shall be unlawful and a violation of Section 2.2 of the Code of Ordinance for any person to print for the purpose or sale or distribution or advertisement, circulate, publish, use of offer for sale any letters, papers, documents or items of merchandise containing city logos, or simulate the official logos of the city without the expressed written authorization of the City Manager or City Council. Any City Council member requesting the utilization of the City’s logo must do so in written form to the City Manager or by Agenda Item to the City Council. 2.4. PROCLAMATIONS, COMMENDATIONS, AND KEYS TO THE CITY Page 3 of 11 Page 7 of 15 Agenda Item #5.2 Proclamations, Sympathy Resolutions, Commendations, and Keys to the City are ceremonial commemoration of an individual, event, or matter. The Mayor issues all ceremonial commemorations. They are not statements of policy and do not require the official approval or action of Council. All request for these ceremonial commemorations are to be submitted in writing to the Office of the Mayor. 3. CITY COUNCIL REQUESTS 3.1. AGENDA ITEMS Agenda Items sponsored by individual City Councilmembers must be requested no later than thirty (30) calendar days prior to the meeting where the item will be placed on the Agenda. In some cases, additional time is required if the matter involves complex matters that require significant involvement of the City Manager and/or City Attorney. This would allow staff adequate preparation time of the agenda item. Legislative staff will also be required to conduct research and/or attend planning meetings based on the complexity of the subject matter. The role of the Legislative Analyst (Analyst) is to staff and carry out the duties and initiatives of the City Council Office in which they are assigned. Analysts are to prepare and submit agenda cover memorandums on behalf of their assigned City Council member in a timely manner. Consequently, Analysts should attend all agenda item preparation meetings with or on the behalf of the City Council members to which they are assigned. That includes but not limited to planning meetings with the City Manager, City Attorney, City Clerk, and/or designated staff from said offices. Any Council sponsored agenda item submitted by the Analyst less than thirty (30) calendar days must be accompanied by a draft Resolution/Ordinance for the City Attorneys’ Review. There will be no additions of Council member sponsored items placed on the City Council Agenda after the City Council Agenda has been published, unless they are deemed to be an emergency as outlined below. Emergency items may be added to an agenda in accordance with state and local law. Emergency items are only those matters immediately affecting the public health, safety and welfare of the community, such as widespread civil disorder, disaster, pandemics, state of emergency, natural disasters and other emergencies deemed severe in nature. Details for adding an emergency item to the agenda must be announced publicly at the meeting during order of business. 3.2. REQUESTS FOR INFORMATION The City Manager is the information liaison between the City Council and City Staff who work under the City Manager. Request from Council members for information are to be directed to Page 4 of 11 Page 8 of 15 Agenda Item #5.2 the City Manager in writing through the Legislative Analyst to the City Manager’s Office and/or designee. If the responses to the requested information is deemed by the City Manager to be of importance to other members of the City Council, the information requested will be copied to all members of the Council so that each member may be equally informed. The sharing of information with the City Council is one of the City Manager’s highest priorities. There are limited restriction regulating the sharing of information. The City has a legal obligation not to release certain confidential and personnel information. Similarly, certain aspects of Police Department functions and investigations such as confidential information directly related to certain crimes and open criminal investigations may not be available to members of the City Council. The City Manager will make every effort to respond in a timely manner to all requests for information or assistance made by individual City Councilmembers. At the discretion of the City Manager, if the magnitude of the request, in terms of workload or policy, exceeds a reasonable scope or expectation, the City Manager may decide it more appropriate that the request come at the direction of the full legislative body. 3.3. REQUESTS FOR STAFF Requests for staff assistance shall be submitted in writing to the Office of the City Manager through the Legislative Analyst. The City Manager will assign all requests to the appropriate staff person(s) to be completed in a timely and professional manner. The City Council shall not give any request for information and orders to any staff under the direction of the Charter Officers, unless expressly authorized by the Charter Officer. At the discretion of the City Manager, any staffing request deemed unreasonable or grand in magnitude, either in terms of workload or policy will come at the direction of the full legislative body. Any requests for staff that require overtime pay, shall come to the City Council for approval. 3.4. COUNCIL SPONSORED EVENTS AND PROGRAMS All City Council Sponsored Events, Policy and Programs must be approved by Resolution. City resources are not expendable at the direction of any individual members of the City Council. Therefore, if any member of the City Council wish to utilize City resources for an event, policy, and program, a Resolution approved by the City Council is required prior to the dedication or expenditure of any City resources. In addition, City partnership in community, cultural, or charitable events including financial or in-kind contribution must be approve by Resolution. Page 5 of 11 Page 9 of 15 Agenda Item #5.2 Events, programs, partnerships, and policy approved by the City Council to utilize City resources may be advertised utilizing all City promotional mechanisms that do not incur additional costs, unless specific additional expenditures are authorized by the City Council for promotion of the event. No promotional materials for any event utilizing City resources shall name any individual member of the City Council unless the Resolution approved by the City Council provides that authorization. The above requirements do not apply to the following: a. Community meeting hosted by individual members of the City Council in their official capacity. These meetings may be promoted utilizing any City promotional mechanism that does not incur additional costs and they may be posted at City facilities. The likeness of the Councilmember hosting the meeting can be pictured in promotional materials. The Manager has purchasing authority. That does not extend to hosting events unless they are previously approved by the City Council. The City Council may not request any employee of the City to volunteer or engage in any task relating to an event on their personal time. Opportunities for City employees to volunteer at charitable, community, or cultural events may be communicated to employees only through the Charter Officers. 3.5. REQUEST FOR SERGEANT-AT-ARMS The Sergeant-At-Arms is a group of police officers whose primary mission is to provide security for the members of the City Council. They operate under the supervision of the City Manager. Sergeant-At-Arms are not personal chauffeurs and are not specifically assigned to any City Councilmember. They are responsible for providing security at City Hall and other locations where City Councilmembers attend. They will be assigned to Councilmembers if they have to travel to areas where there is reason to believe that security is an issue. They will also be assigned to other details that are in the best interest of the City, as determined by the City Manager or his designee. Sergeant-At-Arms will not be used to run personal errands, drive Councilmembers to events that are personal in nature, provide personal transportation for family member under any circumstances, or in other situations that are obviously not a responsible use of the Sergeant- At-Arms services. Page 6 of 11 Page 10 of 15 Agenda Item #5.2 The Legislative Analyst assigned to the Councilmember must submit all request for Sergeant-At- Arms in writing to the City Manager’s Office Forty-eight (48) hours prior to scheduling. 3.6. REQUESTS FOR COMMUNITY ENRICHEMENT TEAM (CET) Community Enrichment Team (CET) Officers, specialize in working closely with community members and local organizations to identify action steps that address community issues and concerns in an effort to improve the quality of life for all residents. The CET Officers operate under the direction of the Police Chief. CET Officers are not to be utilized in lieu of securing adequate Off-Duty Officers at City Council sponsored events. Legislative Analysts must submit all request for CET Officers in writing to the City Manager fourteen (14) days prior to scheduled event. 3.7. REQUEST FOR OFF-DUTY OFFICERS Off-Duty Officers remain under the exclusive regulation and strict adherence to rules and regulations of the Miami Gardens Police Department (MGPD). Requests for Off Duty detail shall be submitted fourteen (14) working days prior to an event through the City Manager. All off- duty detail requests require approval through the chain of command. Chain of command approval typically take five (5) business days to process. Requests submitted less than fourteen (14) working days may not be adequately staffed or approved. If MGPD is unable to fill any off duty request, notification will be given forty-eight (48) hours prior to the requested date of service. There is a three (3) hour minimum requirement for off-duty services and the fees must be rendered in advance. 3.8. REQUEST FOR FLYERS/PROMOTIONS All flyer and e-blast request must be submitted to Public Affairs at least fourteen (14) calendar days prior to the desired start date for marketing of an event. Legislative Analysts are to utilize the following link to submit requests. https://miamigardens.quickbase.com/db/bq5kjy4gb?a=nwr Or visit www.mgpublicaffairs.info and click Request A City Service Request 3.9. REQUEST FOR CITY FACILITY USAGE AND CITY EQUIPMENT All facility usage request must be submitted fourteen (14) days prior to requested date of service. Each City Council member will be granted eight (8) facility uses per calendar year at the Betty T. Ferguson Recreational Complex, Bunch Park, Senior Center, and Risco Park S.T.E.M. Page 7 of 11 Page 11 of 15 Agenda Item #5.2 Center facilities. These uses must be for a City purpose and not for personal use of the Councilmember or anyone else. City equipment, including tents, tables and chairs, shall not be transported for use at events that are not held on City property. Legislative Analyst must utilized the link below to submit all request for facility usage. https://miamigardens.quickbase.com/db/bq5kjy4gb?a=nwr Or visit www.mgpublicaffairs.info and click Request A City Service Request 3.10. POOL VEHICLES The City Council and Legislative Analyst pool vehicles are assigned to the Office of the City Clerk. Pool vehicles shall not be used for personal, recreational or leisure activities. Pool vehicles are to be used for City Business Only. Pool vehicles may not be taken beyond the established Tri-County area boundaries (Miami-Dade, Broward and Palm Beach Counties). Any requests to use pool vehicles beyond the established Tri-County area must have the authorization of the City Manager or designee. All pool vehicles should only be parked overnight in designated parking areas for pool vehicles at City Hall. Only City Council members and employees who meet the driver requirements, comply with the City’s pool vehicles fleet policies and procedures, and retain all legally required licenses and credentials will be permitted to operate a City vehicle in the course of conducting official City business. 4. CITY COUNCIL MEETING The complete establish uniform procedures for the conduct of City Council meetings can be found in Chapter 2 - Article II - Division 2: “Rules of Procedure” of the City’s Code of Ordinance. Section 4.1 of the City’s charter provides the City Council shall hold at least 11 regular monthly meetings in each calendar year at such times and places as the Council may prescribe. For any issues of meeting procedure not otherwise directed in the City Charter, City Code or this manual, Robert’s Rules of Order shall govern the proceeding of City Council meetings. Failure to adhere to a procedural requirement of Robert’s Rules of Order shall not be grounds to invalidate any action of the Commission that is otherwise lawful. All meetings of the City Council shall be held at such place designated by the City Manager subject to the approval of the City Council. The City Clerk shall give public notice of all meetings in accordance with F.S. Ch. 286. 4.1. REGULAR CITY COUNCIL MEETING Page 8 of 11 Page 12 of 15 Agenda Item #5.2 Section 2-49 of the City’s Code of Ordinance provides the City Council shall hold regular meetings on the second and fourth Wednesday of each month at 7:00 p.m., except the day fixed for any regular meeting may be changed by the City Council if the day is a designated legal holiday. Unless otherwise determined by the City Council, all City Council meetings shall commence at 7:00 p.m. and shall end no later than 12:00 midnight. No meeting of the city council shall extend later than 12:00 midnight except upon the affirmative vote of the majority vote of the members present at the meeting. 4.2. SPECIAL CITY COUNCIL MEETINGS Section 2-49 of the City’s Code of Ordinance provides special meetings may be held on the call of the Mayor or upon the call of four (4) City Council members upon no less than forty-eight (48) hours' notice to the public or such shorter time as a majority of the City Council deems necessary in case of an emergency affecting life, health, property or the public peace. Whenever a special meeting is called, the request for the special meeting shall be made in writing and served upon the city clerk. 4.3. SUNSHINE MEETINGS Any time two (2) or more Council members communicate about any foreseeable matter that may come before the City Council, it is a meeting under the Sunshine Law. The following types of communications qualify as a “Sunshine” meeting:  Face-to-face  Written correspondence  Telephone  Email  Hand signals  Through an intermediary All Sunshine Meetings of two or more Councilmembers must be called during City Council Meetings under reports. The announcement of the Sunshine Meeting will include the members of the Council that will hold the meeting, subject matter, date, time, and location. The City Clerk will only publicly notice Sunshine Meetings that are announced during City Council Meetings. 4.4. WORKSHOPS The purpose of the City Council Workshops will be for the City Council to hear presentations and reports and/or conduct discussion in order to provide the Charter Officers with direction on Page 9 of 11 Page 13 of 15 Agenda Item #5.2 matters that will require formal action at a Regular or Special Commission meeting in the future. No official action on City business is taken in workshops. Workshops do not generally include public input, unless permitted by the Mayor as the presiding officer. 4.5. EXECUTIVE SESSIONS Executive Session shall be preceded by a Special or Regular Council meeting, which will be recessed for the Executive Session. At the conclusion of the Executive Session, the Special or Regular Commission meeting will reconvene. No member of the City Council shall disclose to any person, orally or in writing, any information learned, or matters discussed at the Executive Session. Due to the highly confidential and sensitive nature of matters discussed during Executive Sessions, notes taken by all persons in attendance at Executive Sessions and documentation and materials distributed at such Sessions shall be privileged, given to the Charter Officer(s) at the conclusion of the Executive Session. All records of an Executive Session shall be kept in a confidential file until the privacy of the Executive Session privilege no longer applies. 4.5.1. EXECUTIVE SESSION - COLLECTIVE BARGAINING Pursuant to the City’s Charter, the City Manager is responsible for the Administration and all affairs of the City and supervision of departments. As the chief negotiator in labor relation matters, and in accordance with Florida Statutes Section 447.605, the City Manager may request that the City Council meet in private to consider negotiations related to collective bargaining. 4.5.2. EXECUTIVE SESSION - LITIGATION The City Attorney when necessary calls Executive Sessions. Pursuant to Florida Statutes 286.011(8), the City Attorney may request an attorney-client Executive Session for the purposes of litigation to consider strategy and possible settlement of cases. 4.6. ZONING MEETINGS/QUASI JUDICIAL HEARINGS Section 34-44 of the City’s Code of Ordinance provides the procedures for Quasi-judicial proceedings. These proceedings occur when the City Council considers applications for rezoning, variances, conditional use permits, design review approvals or other requests where there is an impact on a limited number of persons or property owners, or identifiable parties and interests. Such decisions are contingent on facts arrived at from distinct alternatives Page 10 of 11 Page 14 of 15 Agenda Item #5.2 presented at a hearing, and where the decision occurs as the result of the City Council acting in its legislative capacity, i.e. making law. When the City Council hears zoning items, it is important to remember that these items cannot be denied, simply because the City Council does not want to see the project be developed. It is important that the standards as outlined in the Zoning Code are applied to the project and that the rationale behind denying an application is clearly laid out so that the actions can be defended in court. These decisions must be supported by what is known as “competent substantial evidence” in the record. The City of Miami Gardens has adopted what is known as the Jennings Rule. This means that members of the City Council are not prohibited from having discussion with applicants about their applications, prior to the City Council meeting. However, if a member of the City Council engages in these conversations at the hearing on the application, the Councilmember must disclose the communication, the identity of the person, group or entity with whom the communication took place, and such information must be made a part of the record prior to a final vote on the matter. Council members should also indicate whether their discussions would have an effect on their ability to be unbiased in their decision-making. 4.7. CITY COUNCIL AGENDA Section 2-51 of the City’s Code of Ordinance provides the procedures for setting the City Council Agenda. There shall be an official agenda for every meeting of the City Council. The City Manager and/or clerk shall be responsible preparing an agenda for each meeting. The agenda in advance of the meeting as time for preparation will permit. Only City Councilmembers or Charter Officers may place items on the Agenda. The City Clerk shall establish a consent agenda for the adoption of resolutions and other items upon the advice and recommendation of the city manager, and approval of the mayor. However, each member of the City Council shall have the authority to place self-sponsored items on the consent agenda without prior approval. Page 11 of 11 Page 15 of 15