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Charter Revision Commission - Final Report and Recommendations (December 9, 2020) • a AVENTURA CHARTER REVISION COMMISSION FINAL REPORT AND RECOMMENDATIONS ON CHARTER AMENDMENTS DECEMBER 9, 2020 1. RECOMMENDATION: In accordance with City Charter Section 7.06, the Charter Revision Commission (the "CRC') has examined the City Charter, received City Commission and public input thereon, and has determined that the three (3) charter amendments which are set forth below shall be presented to the electors of the City for approval or rejection. The City Attorney is to draft the proposed Charter Amendment Resolution for consideration by the City Commission at a City Commission meeting in January 2021 . 2. RECOMMENDED CHARTER AMENDMENTS: The proposed Charter amendments are set forth below, with proposed additions to the existing Charter being indicated by underlined text, and proposed deletions from the existing Charter being indicated by s ere-threugh text, as follows: Section 2.03. -Election and term of office. (c) Limitations on lengths of service. No person shall serve as Mayor for more than two consecutive elected terms. No person may serve as a Commissioner for more than two consecutive terms. No person may serve as a combination of Mayor and Commissioner for more than eig#t sixteen consecutive years, which is comprised of not more than two consecutive terms as Mayor and not more than two consecutive terms as Commissioner oXGE?pt for the additieRal !E?Rgth of s@NOGo 2S M2YGr 2Rd/,r ss1A1seeV_1t_)Ve tEerMSaS ,iss+ener (the"TeFFn Limited Commriss+eneF "). Service shall be deemed to be consecutive unless there is an intervening four-year period during which the individual does not serve as a Commissioner or Mayor(the "Break in Service"). Any person serving the maximum amount of time as Mayor must is not required to have a four-year Break in Service before serving as a Commissioner and may seek to run for the Office of Commissioner without any break in service, except to the extent required by the Florida Resign to Run law (Section 99.012,F.S.), and may serve as Commissioner for up to two consecutive terms. Any person serving the maximum amount of time as a Commissioner is not required to have a four-year Break in Service before serving as Mayor and may seek the Office of Mayor without any break in service, except to the extent required by the Florida Resign to Run law (Section 99.012, F.S.), and may serve as Mayor for up to two consecutive terms. Any person serving the maximum amount of time as a combination of Mayor and Commissioner must have a four-year Break in Service before serving as Mayor or Commissioner. This Break in Service requirement shall be applicable only prospectively and shall, except as provided herein, apply to any person who after the effective date of this Break in Service provision reaches the maximum limitation on length of service which is provided herein. No candidate may run for either the office of Mayor or Commissioner when, if elected, the person would exceed the limitations on service set forth in this paragraph by any length of time taking into account the full regular term for the office sought. City of Aventura Charter Revision Commission Final Report and Recommendations December 9,2020 Section 7.03. - Conflicts of interest; ethical standards. A. All Commissioners,officials and employees of the City shall be subject to the standards of conduct for public officers and employees set by Federal, State, County or other applicable law. The City Commission may adopt additional standards of conduct and code of ethics requirements that are not inconsistent with Federal, State, County or other applicable law. B. In the event that a member of the City Commission( the "Elected Official") serves as an officer (the "Officer") or member of the board of directors (the "Board Member") of a condominium association, homeowners association or cooperative owners association (each constituting a "Community Association"for the purposes of this paragraph)the Elected Official shall resign(the "Resignation Requirement") from his or her position as an Officer or Board Member, upon such Community Association instituting or maintaining litigation against the City City officer, employee,or agent(collectively,the"City"). This Resignation Requirement shall apply regardless of whether the litigation against the City is by claim, cross claim or counterclaim or is pending in a state or federal court. The City Commission shall by ordinance adopt provisions which shall comprehensively govern the implementation of this paragraph. Section 7.06. - Charter revision. At its first regular meeting in November of every fifth year after the adoption of this Charter, commencing with December, 2000, the Commission shall appoint a Charter revision commission consisting of five persons, one of whom shall have served as a member of the previous Charter commission and four of whom shall be electors of the City. If a former Charter commission member is not available to serve, five electors of the City, rather than four, shall be appointed. The City Commissioners shall not be eligible for appointment to the revision commission. The revision commission shall commence its proceedings within 15 days after appointment by the Commission. If the revision commission determines that a revision is needed, including but not limited to a change in the boundaries or numbers of Residential Areas, it shall draft such amendments to this Charter as it deems appropriate and submit the same to the Commission not later than January 1 of the following year after their appointment by the Commission. Notwithstanding the above, after completion of the Charter revision process which commenced in November 2020, the timing of the Charter revision process shall be revised to a six year interval.Accordingly,the Commission shall appoint the members of the revision commission in March of 2026, and the revision commission shall present any desired Charter revisions to the City Commission in sufficient time to enable the Commission to provide for the proposed Charter revisions to be submitted to the electors at the next general election in the City. After receipt of the submission of the proposed amendments from the revision commission, the Commission shall submit them to the electors of the City at the next general election in the City or at a special election,if any,which is seene called by the Commission for such purpose,in accordance with the provisions of Section 6.02, except that the provisions of subsections (a) and (b) of such Section shall not apply. 3. CONCLUSION: The CRC respectfully requests that the City Commission consider this report at a City Commission meeting in January 2021. We recognize that the City Commission will, as required by City Charter Section 7.06, place these proposed Charter amendments before the City electors at the next general election in the City or at a special election, if any, which is sooner called by the Commission for such purpose. Further, the CRC respectfully recommends that, subject to coordination with the Miami-Dade County Supervisor of Elections, the proposed Charter amendments be submitted to the electors of the City at a special election which is conducted solely by mail ballots in April 2021.That approach will enable any voter adopted Charter amendments to be part of the Charter in Page 2 of 3 City of Aventura Charter Revision Commission Final Report and Recommendations December 9, 2020 advance of the 2022 election cycle . All members of the CRC were honored to have had the opportunity to be of service to the City. DATED THIS 9T" DAY OF DECEMBER, 2020. Received by the City Clerk this 91" day of December, 2020. • 'E Ellisa L. Horvath, MMC, City Clerk Page 3 of 3