2001-048 RESOLUTION NO. 2001-48
RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA FLORIDA, AMENDING RESOLUTION NO.
98-55, WHICH CONCERNED COMMUNICATIONS BY
MEMBERS OF THE CITY COMMISSION WITH OTHER
GOVERNMENTAL ENTITIES AND PUBLIC
PRESENTATIONS, AND WHICH PROVIDES A
STANDARD OF CONDUCT FOR THE MAYOR AND
COMMISSIONERS, TO PROVIDE PROCEDURES
CONCERNING ATTENDANCE AT RESIDENT
ASSOCIATION MEETINGS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 7.03 of the City Charter, the Mayor and
Commissioners are subject to standards of conduct for public officers as provided by
federal, state, county or other applicable law, and the City Commission is authorized to
adopt additional standards of conduct that are not inconsistent with applicable laws;
and
WHEREAS, the City Commission desires to amend Resolution No. 98-55, so as
to provide an additional standard of conduct for the Mayor and Commissioners, as set
forth herein, concerning procedures to be followed by members of the City Commission
prior to attending meetings of Resident Associations, as defined herein, on matters of
City business.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the above stated recitals are hereby
adopted and confirmed.
Resolution No. 2001-48
Page 2
Section 2. Resolution Amended. That Resolution No. 98-55 is hereby
amended by amending Section 2 thereof, to read as follows:~
Section 2. That the Mayor and City Commissioners shall
abide by the following additional standards of
conduct:
Standards of Conduct Concerning Contact with
Representatives of other Governmental Entities and for Public
Presentations:
(a) The Mayor is recognized as the City official designated to
represent the City in all dealings with other governmental
entities.
(b) No Commissioner shall represent the City in dealings
with other governmental entities, unless authorized by
the Mayor pursuant to authorization granted at a City
Commission meeting. This shall not prohibit members of
the Commission from expressing their private and
personal opinion to representatives of other
governmental entities on matters concerning the City, so
long as any such opinion is clearly expressed as an
individual one and not as being made on behalf of the
City or City Commission.
(c) The Mayor and Commissioners, in making presentations
to the public shall advise of the official position of the City
Commission upon matters which have come before the
Commission. If no official position has been taken by the
Commission on the matter, the Mayor or Commissioner
shall state that they are expressing only their personal
opinion and not the position of the City or the City
Commission.
(d)(1) The Mayor or any Commissioner who is invited to make a
presentation before or to enqaqe in any discussion at a
reqular or special meetinq of the members of a Resident
Association or of the Board of Directors of a Resident
Association concerninq matters of City business or who
~ / Additions to existing text of Resolution 98-55 are indicated by underline.
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Resolution No. 2001-48
Page 3
otherwise plans to attend such meetinq for such purpose,
shall first request the City Manaqer or his desiqnee to
accompany him or her in appearing at such meetin.q.
This is intended to enable the City to address or
subsequently respond to any questions raised by
persons or to be able to explain the position of the City
on the matter. In the event that the City Manaqer or his
designee is not available at the time or date requested for
the appearance before the Resident Association, the
Mayor or Commissioner shall advise the Resident
Association that the appearance should be rescheduled.
The Mayor or Commissioner shall not attend the
Resident Association meetinq if the City Manager or his
desiqnee is not available. This provision shall not apply
to the attendance by the Mayor or any Commissioner at
meetinqs of Resident Associations of which the Mayor or
Commissioner is a member and the Mayor or
Commissioner is not attendinq for the purpose of makinq
a presentation upon or discussinq matters of City
business.
(2) The term "Resident Association," as used herein, means:
(i) homeowners association, cooperative owners
association, condominium association, master
association, and also includes: (ii) umbrella associations,
joint councils and coalitions of which the associations
listed in (2)(i) above are members.
(3) The term "Board of Directors," as used herein, means the
qovernin.q board of the Resident Association.
Section 3. Any members of the City Commission violating the standards of
conduct set forth above shall be subject to reprimand by the City Commission. The
Commission reserves the right, by subsequent ordinance or resolution, to prospectively
implement other sanctions, in the event that the sanction provided for above is not
effective in implementing the purposes of this resolution.
Section 4. This Resolution shall be effective immediately upon adoption.
Resolution No. 2001-48
Page 4
The foregoing Resolution was offered by Commissioner Rogers-Libert who moved
its adoption. The motion was seconded by Vice Mayor Cohen, and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Manny Grossman yes
Commissioner Harry Holzberg yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Ken Cohen yes
Mayor Jeffrey M. Perlow yes
PASSED AND ADOPTED this 3rd day of July, 2001.
~EFCFREy M. F~E~L.OW, MAYOR
A'FFEST: '
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY
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