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Home My WebLink AboutR-21-0327City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Resolution: R-21-0327 File Number: 8358 Final Action Date: 9/13/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATT APPROVING, SETTING FORTH, AND SUBMITTING TO THE TORATE.,. PROPOSED AMENDMENT TO THE CHARTER OF THE Cl MIAMI, FLORIDA, AS AMENDED ("CHARTER"), BY AMENDING S N 26, TITLED "SUSPENSION AND REMOVAL OF CHIEF OF POLICF`'�ND 7 CHIEF", TO SET FORTH A PROCEDURE, COMMENCING INN >>VIBER 26.FOR SELECTING AND APPOINTING THE POSITION POLICE CHIE. ND FIRE -RESCUE CHIEF; CALLING FOR AND P ING TH!`7_THE - PROPOSED CHARTER AMENDMENT BE S ITTED rIE ELECTORATE AT THE REFERENDUM SPEC E TO BE HELD CONCURRENTLY WITH THE CITY OF MIAMI'S L MUNIC" ELECTION SCHEDULED FOR NOV 202 IGNA ,_,j"AND APPOINTING THE CITY CLERK L R S TIVE OF THE CITY COMMISSION WITH �PECT TO US TER REGISTRATION BOOKS AND CORDS; FUR DIR TING THE CITY CLERK TO CAUSE A CERTIFI COPY OF THIS -,SOLUTION TO BE DELIVERED TO THE S ARV OF ELECTIONOF MIAMI-DADE COUNTY NOT LESS FO IVE (45) D PRIOR TO THE DATE OF SUCH ELECTION: VIDING A DIA FECTIVE DATE. SPONSOR(S): Commjiher�lo Reyes WHEREA ction 16 of th er of the City of Miami, Florida, as amended ("Charter' , pro that the City Mana empowered with the authority to appoint and remove, exc otherwise provided in arter, all directors of the departments of the City of Miami and V�,-?EAS,,`` appointme of the Chief of the Police Department and Chief of the Fire - Re ,a Deb,,,,, collectively efs") are of critical importance to the City and should have an a 'tional It if review a utiny before the appointment is finalized by the City Mana_ r; and E ':EREAS, tl t, .y'Commission is desirous of improving the selection and appointment process c he Chiefs to ensure that it is fully transparent, open, and provides the public with fidenc jat the very best persons are selected; and AS, the City Commission wishes to submit the proposed amendment to the Charter to electorate for approval or disapproval at the Special Election to be held concurrently with the City's Municipal General Election scheduled for November 2, 2021; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 5 File ID: 8358 (Revision: 8) Printed On: 9/23/2021 File ID: 8358 Enactment Number: R-21-0327 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Charter is proposed to be amended in the following particulars:' "CHARTER AND RELATED LAWS SUBPART A. THE CHARTER Sec. 26. Appointment, Suspension, and removal of chief of police ag1kre-Re chief. Notwithstandina anvthina to the contrary in this Charter. commen ovembe 21. anv qualified candidates. The City Commission shall create b ution 5 erson seleTtion committee with each CityCommissioner appointing one 1 e selectiond6mmittee. The selection committee members shall be comDrised of at lea f the follnAWCurrent or public defenders. The selection committe all meet in public selection committee shall review the a li ons of those that and recommend the toD three (3) fi&lists a City Manaaer. duly n77ced meeting. The t the minimum requirements Citv Manaaer may select and the process will repeaJAIINkLsuitable can ed by the City Manager. The City Manager shall have the s ht to suspend t of police and fire -rescue chief for incompetence, neglec uty, i ity, drunkenness, failure to obey orders given by proper ble cause. If either of such chiefs be so suspended, t, together with the cause of suspension, to the om to of receipt of such notice, shall proceed to ant the n, which judgment shall be final. the provisions of the Charter, Section 6.03 of the Miami- t Section 2-112 of the Code of the City of Miami, Florida, A.M. until 7:00 P.M. on Tuesday, November 2, 2021, a field concurrently with the City's Municipal General Election Ialified electors of the City for their approval or disapproval pecial Election shall be held at the polling places in the Exhibit "A", attached and incorporated, or as may be designated by the Supervisor of Elections of Miami -Dade County ("Supervisor") in conformity ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 5 File ID: 8358 (Revision: 8) Printed on: 9/23/2021 File ID: 8358 Enactment Number: R-21-0327 with the provisions of the general laws of the State of Florida ("State"). The Precinct Election Clerks and Inspectors to serve at said polling places on said Referendum Special Election date shall be those designated by the Supervisor for such purpose in accordance with the general laws of the State. A description of the registration books and records which pertain to Referendum Special Election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such Referendum Special Election is all voter information cards, registration books, records, and certificates pertaining to electo and established and maintained as official by the Supervisor in conformity with s State are adopted and declared to be and shall hereafter be recognized and pted as offi voter information cards, registration books, records, and certificates of the Section 5. In compliance with Section 100.342, Florida S authorized and directed to publish notice of the adoption of this F hereof at least twice, once in the fifth week and once in the thir the aforesaid Referendum Special Election is to be held, in in the City, which notice shall be substantially in the follow ®rr full cr NOTICE OF REFERENDUM SPECIA11 TO AMEND THE MIAMI CITY CHARTER T TUESDAY, NO C IN THE CITY MI, A Referendum Special 7:00 A.M until 7:00 P.M several Referendum County Commissio otherwise provid Miami, Florida, ollo gp4illWh.eld itymi Election iami-Dade Id submitting to of the Charterlq November 2021, i Fie -Rescue Ch erk is vember 2, 2021 from polling places in the by the Board of set forth herein unless electors of the City of ended to set forth a procedure, Lecting and appointing the positions of of the Commission of the City of Miami, Florida. M Fe o be used at said Referendum Special Election shall be in State with respect to vote -by -mail ballots and to use of the the Computer Election System and shall be in substantially the "Official Ballot" Referendum Special Election Tuesday, November 2, 2021 for Approval or Disapproval of the Following Question: Charter Amendment to require the City Commission to set forth a procedure to select and appoint the Police Chief and the Fire -Rescue Chief. City of Miami Page 3 of 5 File ID: 8358 (Revision: 8) Printed on: 9/23/2021 File ID: 8358 Enactment Number: R-21-0327 YES NO Shall Section 26 of the Charter be amended to set forth a procedure, commencing in November 2021, for selecting and appointing the positions of Police Chief and Fire -Rescue Chief? Section 7. The form of the ballot shall be in accordai election laws. Electors desiring to vote in approval of the Qu instructed to vote their selection next to the word "YES" w statement relating to the Question. Electors desiring to vo 4 instructed to vote their selection next to the word "NO" withir statement relating to the Question. Once individuals are sati press the "Vote" button and the ballot shall be Section 8. The City Clerk shall cau Question set forth in Section 6 above for tf1 ballots in said Referendum Special Electid Section 9. All qualified Special Election and the Supe and expense of the City, a " registration books and r s delivery to and for us e E places in said Refej&ndum Sp scribe bove lot contain Vshl re�ir Questio the shall ning the tors titled to cast such to vote in the Referendum is reque uthorize directed to furnish, at cost qualified el the City as shown by the L e of the or and duly certify the same for ials designated to serve at the respective polling n precincts. . For the purpose of e persons to register who are qualified to vote in Special ection to be hel ncurrently with the City's Municipal General ovember 1 and who have not registered under the provisions of the general ate an pter 16 of the City Code or who have transferred their legal residence t to anoth the City, they may register Monday through Friday from at the ade County Elections Department located at 2700 th e, Dor rids within such period of time as may be designated by the i ad ove place and times, qualified persons may register at such > and m se any mobile registration van for the purpose of registration in in the here described Referendum Special Election during such times and on such , be designated by the Supervisor. 11. Todd B. Hannon, the City Clerk of the City, is designated and appointed as the office se ntative of the City Commission in all transactions with the Supervisor related to matters pertaining to use of the registration books and holding of said Referendum Special Election. Section 12. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor not less than forty-five (45) days prior to the date of the Referendum Special Election. City of Miami Page 4 of 5 File ID: 8358 (Revision: 8) Printed on: 9/23/2021 File ID: 8358 Enactment Number: R-21-0327 Section 13. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 "-V4, r-� -,L�' ria i dez,'City Attor iey 612912021 City of Miami Page 5 of 5 File ID: 8358 (Revision: 8) Printed on: 912312021