City Of Sunny Isles Beach: The Charter Revision Commission Has Proposed 14 Amendments

At its regular meeting in December 2022, the City Commission established the CRC and appointed five residents and a current sitting City Commissioner as a non-voting member. During the months of January and February, the CRC met a total of six times to evaluate the City’s Charter and make recommendations on possible changes. The proposed changes are outlined below.

At the Regular City Commission Meeting on Thursday, March 16th, 2023, the City Commission adopted an ordinance to submit these revisions to the electorate. A Special Election will be held on Tuesday, May 23rd, 2023.

The CRC has proposed the following 14 amendments:

1. Appointment of Vice Mayor. The City Charter currently provides that the Commission shall elect one of its members as Vice Mayor.

The Charter Revision Commission has proposed that the Charter be amended to provide that the Vice Mayor be elected by nomination of the Mayor, subject to Commission approval.

2. Limitations on Lengths of Service. The City Charter currently provides that a Commission member’s “term” shall be deemed commenced upon Election.

The Charter Revision Commission has proposed that the Charter be amended to provide that a “term” shall be deemed commenced upon the 14th day after certification of the General or Run-Off Election in which he/she is elected, unless that day falls on a Saturday or Sunday, in which case it shall be the next Monday immediately following at 12 o’clock noon, or immediately upon certification of the results of a Special Election.

3. Commencement of Terms. The City Charter currently provides that the term of office of any elected official will commence on the 30th day following the day of the general or Run-Off Election in which he/she is elected, unless that day falls on a Saturday or Sunday, in which case it shall be the next Monday immediately following at 12 o’clock noon.

The Charter Revision Commission has proposed that the Charter be amended to provide that the term of office of any elected official will commence on the 14th day after certification of the general or Run-Off Election in which he/she is elected, unless that day falls on a Saturday or Sunday, in which case it shall be the next Monday immediately following at 12 o’clock noon, or immediately upon certification of the results of a Special Election.

4. Qualifications. The City Charter currently provides that candidates for Commissioner or Mayor shall pay a qualifying fee to the City Clerk in the amount of one hundred dollars ($100.00).

The Charter Revision Commission has proposed that the Charter be amended to provide that the qualifying fee be in the amount of two hundred dollars ($200.00).

5. Filling of Vacancies. The City Charter currently provides that in the event that all members of the Commission are removed by death, disability, recall, forfeiture of office and/or resignation, the Governor of the State of Florida shall appoint interim Commissioners who shall call a Special Election within not less than 30 days nor more than 60 days after such appointment and that such Election shall be held in the same manner as the first Election under the Charter.

The Charter Revision Commission has proposed that the Charter be amended to provide that Elections called for above shall instead be by Special Election pursuant to the Charter and the Code of Ordinances.

6. Compensation; reimbursement for expenses. The City Charter currently provides that the Mayor and Commissioners receive compensation in the amount of $1,250 and $1,000 per month, respectively, increased in accordance with the CPI Index.

The Charter Revision Commission has proposed that the Charter be amended to clarify that the compensation be increased annually according to the Miami-Fort Lauderdale-West Palm Beach, Florida Consumer Price Index in October of each year.

7. City Manager. The City Charter currently provides that no Commissioner shall be eligible for appointment as City Manager during the term for which she/he has been elected and until two (2) years after its expiration.

The Charter Revision Commission has proposed that the Charter be amended to provide that no Commissioner shall be eligible for appointment as City Manager during the term for which she/he has been elected and until five (5) years after its expiration.

8. City Clerk. The City Charter currently provides that the City Manager appoints the City Clerk and he/she reports to the City Manager.

The Charter Revision Commission has proposed that the Charter be amended so that the Mayor shall nominate the City Clerk and the Commission, including the Mayor, by majority, shall confirm an individual to serve as the City Clerk under such terms and conditions as may be established by the Commission, from time to time, consistent with the Charter and that the City Clerk shall report to the Commission and after full consideration, may be removed by a majority vote of the total membership of the Commission.

9. City Attorney. The City Charter currently provides that the Mayor “may” nominate and the Commission, including the Mayor, by majority shall confirm an individual attorney or a law firm to act as the City Attorney under such terms and conditions as may be established by the Commission, from time to time, consistent with this Charter.

The Charter Revision Commission has proposed that the Charter be amended to provide that the Mayor “shall” nominate and the Commission, including the Mayor, by majority shall confirm an individual attorney or a law firm to act as the City Attorney under such terms and conditions as may be established by the Commission, from time to time, consistent with the Charter.

10. Holding Other Office. The City Charter currently provides that no former elected City Official shall hold any compensated appointive City Office or City Employment until one (1) year after the expiration of his/her term.

The Charter Revision Commission has proposed that the Charter be amended to provide that no former elected City Official shall hold any compensated appointive City Office or City Employment until three (3) years after the expiration of his/her term.

11. Run-Off Election. The City Charter currently provides for the manner of conducting Run-Off Elections following General Elections; however, it does not include the manner of conducting Run-Off Elections following a Special Election, nor does it provide for how a winner shall be determined in the event of a tie after a Run-Off Election.

The Charter Revision Commission has proposed that the Charter be amended to provide that the provisions in the Charter governing Run-Off Elections apply to Special Elections as well and to further provide that in the event of a tie after a Run-Off Election, the winner shall be determined using a method and in a manner prescribed by ordinance.

12. Form of Ballots. The Charter currently provides that the ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure.

The Charter Revision Commission has proposed that the Charter be amended to delete the provision that allows the ballot title of a measure may differ from its legal title.

13. Appointment of Charter Revision Commission. The City Charter currently provides that the City Commission shall appoint a Charter Revision Commission at its first meeting in December of the fifth (5th) year after the adoption of the original Charter, in December 2002 and thereafter every tenth (10th) year commencing December 2012.

The Charter Revision Commission has proposed that the Charter be amended to provide that the City Commission shall appoint a Charter Revision Commission at its first meeting in January 2033 and thereafter every tenth (10th) year commencing January 2043.

14. Timeframe for Submitting Charter Revision Commission Charter Amendments. The City Charter currently provides that if the Charter Revision Commission determines that a Charter revision is needed, the amendments shall be submitted to the City Commission no later than the one hundred twentieth (120th) day after their appointment by the Commission and that the same shall be submitted to the electors of the City in accordance with the Charter.

The Charter Revision Commission has proposed that the Charter be amended to provide that the amendments shall be submitted to the City Commission no later than the one hundred fiftieth (150th) day after their appointment by the Commission and that the Commission shall submit them to the electors of the City at the next regularly scheduled General Election, or call a Special Election for that purpose alone.

For more information, please contact the Office of the City Clerk at: (305) 792-1703. Or via email at: cityclerk@sibfl.net.