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HomeMy WebLinkAboutCC 1998-03-05 Minutes(;XTY -OF G1 ... MIAMT 19; * If1t:Uiti'�i�it 1TE 1 IN c 9e Q�E SPECIAL c 0 M MISS I ON MINUTES OF MFEfING HELD ON -MARCH PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL WALTER FOEKAN CITY CLERK INDEX MINUTES OF SPECIAL MEETING March 5, 1998 ITEM SUBJECT NO. LEGISLATION PAGE NO. 1. SPECIAL MEETING TO DISCUSS SELECTION M 98-227 OF EXECUTIVE MAYOR. M 98-228 (A) COMMENTS BY INTERIM CITY 3/5/98 ATTORNEY JOEL MAXWELL ON JUDGE WILSON'S ORDER WHICH DECLARED THE NOVEMBER 4, 1997 MAYORAL ELECTION VOID -- COMMENTS BY VICE CHAIRMAN TEELE ON STRUCTURAL PROBLEMS OF THE CITY CHARTER REGARDING TRANSITION ISSUES AND STEPS NEEDED TO CORRECT THEM. (B) INSTRUCT CITY ATTORNEY TO FILE AN AMICUS BRIEF ADDRESSING CHARTER ISSUES. (C) SCHEDULE SPECIAL CITY COMMISSION MEETING FOR MARCH 11, 1998, AT NOON FOR SELECTION OF EXECUTIVE MAYOR -- FURTHER COMMENTS BY VICE CHAIRMAN TEELE ON NEED TO OBSERVE DECORUM IN THE DAIS. 3-28 MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 5th day of March, 1998, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 3:07 p.m. by Presiding Officer/Commissioner Humberto Hernandez (hereinafter referred to as Chairman Hernandez), with the following members of the Commission found to be present: ALSO PRESENT: ABSENT: Commissioner J.L. Plummer, Jr. (District 2) Chairman Humberto Hernandez (District 3) Commissioner Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr. (District 5) Jose Garcia -Pedrosa, City Manager Joel Maxwell, Interim City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk Commissioner Wifredo Gort (District 1) An invocation was delivered by Reverend John White, after which Commissioner Plummer led those present in a pledge of allegiance to the flag. NOTE FOR THE RECORD: Commissioner Gort entered the City Commission chambers at 3:09 p.m. Commissioner Regalado: Mr. Chairman. Chairman Hernandez: Yes, Commissioner. Commissioner Regalado: I don't know if all my colleagues have the letter from the.. Kendall Coffey. It was just hand delivered and I think it's relevant to the discussion that we are going to have this afternoon here. So, Mr. City Attorney, do you have the copy of Mr. Coffey's letter? 1 March 5, 1998 Mr. Joel Maxwell, Esq. (Interim City Attorney): Yes, sir, I do. It was delivered to me... faxed to me in my office just as I walked out, and hand delivered to me here, just as I walked in. So, I have only had it a few minutes. Commissioner Regalado: What does it mean? Mr. Maxwell: My opinion? It doesn't change the effect of my legal opinion at all. Commissioner Regalado: However, you said that on the legal opinion that something may happen in case of an appeal. Mr. Maxwell: Stay. In my legal opinion, I addressed the effect of a stay. Said appeal and a motion, motions for stay. There has been... He doesn't mention any motion for stay and I am not aware of any having been filed. In order to stop the proceedings before this Commission, it will have to be stay of the judge's order. That has not occurred to my knowledge. Vice Chairman Teele: Mr. Chairman. Chairman Hernandez: Vice Chairman Teele. Commissioner Gort: Excuse me. I am sorry I am late. I don't have a copy of what you are discussing. Chairman Hernandez: This was mailed to us. I would like Vice Chairman Teele after you make some comments that the City Attorney brief us on pursuant to the court order, what is to happen. What decisions we can make today. What we can postpone, if any, and the ramifications of special election and the legal ramifications of the court order by the judge. Vice Chairman Teele. Vice Chairman Teele: Mr. Chairman, those are my comments. I think it's appropriate that the City Attorney give us a thorough briefing as you have outlined. Chairman Hernandez: Mr. City Attorney. Mr. Maxwell: Yes, sir. Mr. Chairman and members of the board. On yesterday the Circuit Court rendered an opinion finding void, or ruling... declaring void the election of November 19, 1997 for Mayor of the City of Miami. When that happened, they found the following: They said that... First of all as I pointed out, the election for Mayor of the City, Mayor of the City was declared void. And, they said that a new election shall be held 60 days from the date of that order. Now, in declaring the election void, it triggered a portion of State Law 1-1401 which provides for vacancies in office. 1-1401(L) says the following: "... upon rendition of filed judgment of a Circuit of the State declaring void the election or appointment of the incumbent of office, the office shall be deemed void." There is another section, 1-1404 "filling vacancies." It deals with State, District or County Offices and does not say anything about Municipal Offices. Therefore, I am of the opinion as I have indicated in my opinion that the City Charter of the City of Miami will govern the election. I am sorry, will govern the filling of that vacancy. When that happens, as you know, under the Charter from past experience, I am sure. You have ten days when there is a vacancy of office to either appoint someone to fill that vacancy or if you do not appoint someone, you have 30 days after the expiration of that ten day period to call an election, minimum 30 days, maximum 45 2 March 5, 1998 days. Therefore, the outside date that you can fill an office in the election will be 55 days. Now, what you... if you appoint, that person will stay in office until the judge's election concludes. That election is 60 days from now. If you have a special election that person will also stay in office until the judge's election occurs. So, you would have in effect, if you were to call an election, two election processes moving along on parallel tracks. Therefore, as I indicated in my opinion, my strong suggestion, just a suggestion to you, would be appoint to avoid the confusion that would issue from that. Chairman Hernandez: If this City Commission would consider, we have ten days to appoint... to fill a vacancy of the Mayor's seat? Mr. Maxwell: That's correct. Chairman Hernandez: In fact, then, if we would fail to appoint anyone within the ten days, then we would have 45 days in which to call a special election, in which to hold a special election? Mr. Maxwell: You have minimum 30 days, maximum 40 days in which to actually hold the election. That's correct. Chairman Hernandez: And, you are saying... Mr. Maxwell: If you fail to do that, of course, there is a judicial remedy for that, if you do not do anything. Chairman Hernandez: And, the winner of that election would serve office for five days? Mr. Maxwell: Just until... If you waited the maximum time, five days. Chairman Hernandez: Yeah. SPECIAL MEETING TO DISCUSS SELECTION OF EXECUTIVE MAYOR. (A) COMMENTS BY INTERIM CITY ATTORNEY JOEL MAXWELL ON JUDGE WILSON'S ORDER WHICH DECLARED THE NOVEMBER 4, 1997 MAYORAL ELECTION VOID -- COMMENTS BY VICE CHAIRMAN TEELE ON STRUCTURAL PROBLEMS OF THE CITY CHARTER REGARDING TRANSITION ISSUES AND STEPS NEEDED TO CORRECT THEM. (B) INSTRUCT CITY ATTORNEY TO FILE AN AMICUS BRIEF ADDRESSING CHARTER ISSUES. (C) SCHEDULE SPECIAL CITY COMMISSION MEETING FOR MARCH 11, 1998, AT NOON -- FOR SELECTION OF EXECUTIVE MAYOR -- FURTHER COMMENTS BY VICE CHAIRMAN TEELE ON NEED TO OBSERVE DECORUM IN THE DAIS. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Vice Chairman Teele. Vice Chairman Teele: Mr. Chairman. Mr. Maxwell: Yes, sir. 3 March 5, 1998 Vice Chairman Teele: Mr. Chairman, thank you. First, I think there are two or three issues that need to be just dispensed with. As you know, I publicly have stated many times that I think the dean of the Commission should have certain rights other than the first parking space. Commissioner Plummer: That's for certain. Vice Chairman Teele: I am advised, and I just want to put it on the record because my intent would be to name... support Commissioner Plummer to be the Mayor, the Interim Mayor. However, I am advised that to do that, given the executive nature of the job, he would be required to vacate his seat which would... Mr. Maxwell: That's correct. Not just... either of the Commissioners would be required to vacate the seat to be named to any other office. Vice Chairman Teele: So, it just would not be practical in my judgment to consider that. But, I would like to ask my colleague, Commissioner Plummer, would you like to serve as the Mayor for 60 days? Commissioner Plummer: I will not answer the side remark of the ex -City Manager. I have said, I would continue to say, if I was able to come back in the 61st day to my seat in this City Commission, it would be my pleasure to serve. But, I will not forego what the people elected me for until November of '99. I do truthfully thank you for your comments and the other members of this Commission who have expressed the same. But under these circumstances, I think it is more important, I feel personally that I stay here until November of '99, than it is to bail out in the 61st day. Vice Chairman Teele: Thank you, Commissioner. Commissioner Regalado: Excuse me. Mr. Vice Chairman, I was reading the new Charter, the powers of the Executive Mayor, and maybe the City Attorney can explain it to me, but it clearly says that the Mayor can decide that a person, a member of the City Commission in his absence can fill those terms. Are we talking here of a legal absence or an absence by death or...? Mr. Maxwell: We are talking about physical absence or disability. In this particular case, the office if vacant. It doesn't apply in this situation. Vice Chairman Teele: Secondly, Mr. Attorney, is there any circumstance that the Governor could appoint a person to serve as Mayor under our Charter? I don't see it, but I would like for you to just put that on the record. Mr. Maxwell: In my opinion there are no provisions under our Charter for the government. There are provisions for the court to step in, but not for the governor. Vice Chairman Teele: So, the remaining issue becomes whether or not we have an election that is ordered by the court in 60 days, which falls I understand on a Sunday. Commissioner Plummer: Saturday. Vice Chairman Teele: Or a Saturday, depending on how you... Mr. Maxwell: It falls on... This one falls on a Sunday. There is... It falls on Sunday because of the rendition. The rendition of the order was actually yesterday, and that's when it begins to run. Vice Chairman Teele: All right. So, obviously, we wouldn't have an election on a Sunday, but that's a sort of an administrative issue whether this... 4 March 5, 1998 Mr. Maxwell: Well, under the law, it automatically falls to the next day. Vice Chairman Teele: Or the succeeding day. Mr. Maxwell: Uh-huh. Vice Chairman Teele: But, in any event, whether or not this reasoning that you have proffered that we could wind up with two elections. Does it occur to you, rather than asking us to act, that the City Attorney may not want to go into court and have the judge to clarify that if we called an election that it would be tantamount to meeting his order... Mr. Maxwell: Well... Vice Chairman Teele: ... and allow the judge to... Because, an election as I understand it, is going to cost the citizens of Miami approximately... Mr. Jose Garcia -Pedrosa (City Manager): One hundred and thirty-three thousand dollars ($133,000). Vice Chairman Teele: ... one hundred and thirty-three thousand dollars ($133,000). Mr. Walter J. Foeman (City Clerk): Plus an additional twenty-two thousand in advertising. Vice Chairman Teele: One hundred and fifty thousand dollars ($150,000) in round figures. So, obviously, we are not going to have two elections? Mr. Maxwell: Well, sir, that certainly occurred to me. And, the reason that the opinion reads the way it does is because I don't think... unless the judge makes a change in his order, and we are going for clarification that he substantially changes his order, we are in fact, running on a two- tier tract. Let me explain to you why. I think it's that way because the... Vice Chairman Teele: I will accept your thinking. I am not at all concerned about what you are saying, I am more concerned about what the judge said, and... Mr. Maxwell: That's what I am about to tell you. Vice Chairman Teele: And, what I am inquiring is, is there a vehicle whereby you, as our City Attorney can go to court and petition the judge to amend his order to allow our City Charter to conform with our City Charter in that context? I am just asking a question, and if you don't think it makes sense or if it's... Mr. Maxwell: We can... And, I would like to, if I may, Mr. Vice Chairman. We certainly can do that. We certainly maybe should do that. However, the reason that I am hesitant on that in my response, is because of the footnote in the order. It says... the footnote eight says... "the new election shall be limited to the five people who had qualified to run for Mayor in the November the 4th 1997 election." I do not believe that our Charter can place such a restriction on the special election. And, that's why I believe that would be problematic. Vice Chairman Teele: No, see, I am not asking... All that I am asking is that his order dates be adjusted. I am not asking... I understand that this is a court ordered election... Commissioner Plummer: We are not in control of. Let's eat. [phonetic] 5 March 5, 1998 Vice Chairman Teele: But, whether or not the dates could be adjusted to conform. But... Because, I have another whole issue, another series of issues. Mr. Chairman, I am going to do what the majority of this Commission wants to do on this matter. But, the opportunity that I want to speak to is that there are some structural problems wrong with our Charter... Commissioner Plummer: Yes. Vice Chairman Teele: ... and if we are going to have a special election ordered by the judge, the question is, can we put other issues on the ballot to clarify...? And, what is under our Charter, what is the minimum period of time that we need to place issues on the ballot... on a ballot? Commissioner Plummer: Forty-five, isn't it? Mr. Maxwell: It depends on the question and what you are putting on the ballot. Mr. Clerk. Commissioner Plummer: I think it's 45. Mr. Foeman: With special elections there is a notice requirement, the fifth week prior and the third week prior, we would have to advertise. Vice Chairman Teele: So, what does that mean? Mr. Foeman: That means that we would have to have at least a minimum of five weeks for a public notice. Vice Chairman Teele: And, 60 days has... Chairman Hernandez: Six weeks. Vice Chairman Teele: Six weeks. So... Chairman Hernandez: Eight weeks, I am sorry. Commissioner Gort: Eight weeks. Vice Chairman Teele: Eight weeks. Chairman Hernandez: Eight weeks. Vice Chairman Teele: Where do you get your math done? [phonetic] OK, well... Chairman Hernandez: [inaudible] Vice Chairman Teele: ... at the appropriate time, Mr. Chairman, I am more interested in using the court ordered election as a vehicle to address any structural problems that have been uncovered. I mean, the fact that we wound up this way with the transition of whose sworn in, when. Those issues need to be resolved and I would only put the Manager and the Attorney on notice that I would hope that on Tuesday at the Commission meeting, we can have whatever resolutions that the management and the Attorney feel are important to the well being of this City. Because, what happened right after Chairman Hernandez was elected was an embarrassment to the City, as well as to him, and we really ought to correct that. So, I don't really have a dog in the but or cat in the fight on the Mayor, but I would like to participate in the discussion on the vehicle. 6 March 5, 1998 Mr. Maxwell: Well, the vehicle that you are speaking about is the City Charter. And, there are provisions and mechanisms for amending the Charter established then, and there are certain time parameters there. And, I suggest to you that, with the minimum of 60 days and a maximum of 120 days required that the time parameters in there, we couldn't meet the minimum time requirement for Charter amendment now and still make the judge's election unless he move the time far off. Vice Chairman Teele: Well, if that's your ruling, then I would be ready to move that you ask that we go... that we instruct you to go to court and get the time period adjusted an additional eight days or seven days, so that we don't windup wasting this opportunity. But, I'll defer and yield until the... Mr. Maxwell: Yeah. It would require a lot more time than that, Mr. Vice Chairman. Chairman Hernandez: Before... Mr. Maxwell: And, I don't mean to go to court. I mean, to actually amend the Charter will require more time than that. The procedure will require more time than that. Commissioner Gort: What's the minimum time required? Mr. Maxwell: Well, you have... you have minimum notice of 60 and 120 days, but then, there are other requirements that... other things that the City Commission has to do as well, precedent to that. Commissioner Gort: So, you are saying, there is no way we can do the two? Mr. Maxwell: I don't believe without extensively reviewing the Charter provisions regarding that, that we can. However, however, we will certainly take it as a direction from the Commission and the Vice Chair to see if that can be done, and if we find that that's permissible, we will, you know, we will proceed on the orders that you have been given... that we have been given. Chairman Hernandez: Mr. City Attorney, can you inform us of who would qualify to fill this vacancy? Mr. Maxwell: The vacancy requirements for Mayor would be the same as they were before. You have to... You have one year residential requirement and you have to be an elector, registered voter in the City. Commissioner Plummer: Well, you've got a problem... I think you have got a problem there. Not to throw mud into the... I think in the last election we did allow the person a certain period of time... Mr. Maxwell: No, that was for the district. Commissioner Plummer: Oh, OK. I have a question, if I may? Chairman Hernandez: Commissioner Plummer. Commissioner Gort: I have a question, also. Commissioner Plummer: Very quickly. We have this letter from Mr. Coffey, and I guess really the question is to your best opinion, Mr. City Attorney. It is our intention to proceed tomorrow 7 March 5, 1998 with an emergency appeal asking the Third District Court of Appeals to declare the immediate right of Joe Carollo to resume his office of Mayor. Under normal circumstances, what would be the time frame for the Third District to give a ruling? Mr. Maxwell: I would purely... Commissioner Plummer: I... Mr. Maxwell: I would be speculating. Commissioner Plummer: Ballpark. Mr. Maxwell: They could take it as an emergency. Well, to give you my experience out there. When we went in on the last election challenge, the Third... well once the Third District heard oral arguments which was only two days after it was filed, they rendered the decision the same day. Now, that could happen or the converse could happen, they could take quite a while. So, I would be speculating. Commissioner Plummer: OK. Thank you. Chairman Hernandez: Commissioner Gort. Commissioner Gort: My question goes back to what you stated a little while ago. My understanding is, do you recommend that we have to appoint someone in order not to have two elections? Am I correct? Mr. Maxwell: Yes, you have to either appoint or you call an election. You have no control over the other election which is the judge's election. Commissioner Gort: OK. That answers that question then. Chairman Hernandez: The other big difference obviously between the two elections, the one we control and the one we don't control is that the one we control, we can open the field. And, the one... Mr. Maxwell: It's opened by operational law, that's correct. Chairman Hernandez: Correct. Commissioner Plummer: Yeah, but there is also one other thing that I think that... I don't think that it will happen, it's so remote that it's... You still could have two elections if one candidate out of the five did not get 50 percent plus one vote, you would still have a runoff. Mr. Maxwell: Well, that's a... Well, you.... That's a runoff, but I consider that part of the same election. Commissioner Plummer: So, you still could have two. I don't think it's going to happen. But, there is a possibility. Mr. Maxwell: Yeah. But, I consider that part of the same, when I say the parallel tracks, I consider the total process... In fact, in the legal opinion, I talked about the conclusion of the court ordered election. So, I consider the primary and any subsequent required runoff as being part and parcel of the same election. Therefore, anyone appointed or elected by your special election or appointment would stay in office until such time as that whole process on the parallel track was concluded. 8 March 5, 1998 Commissioner Regalado: On what basis...? Mr. Chairman. On what basis, Mr. Coffey is going to court? What is he trying to accomplish by appealing? Is it the provision on the Charter that says that Joe Carollo is a Mayor until the next person is elected? Mr. Maxwell: Well, I wouldn't... Commissioner Regalado: Is that basically what they are trying to do? Mr. Maxwell: Well, I hesitate to speak for Mr. Coffey. I can only tell you what his letter says, and again, I have only had a cursory chance to... I have only cursory read it, because I haven't had much of an opportunity. But, it seems to me that what the thrust of his argument is that the former... former Mayor, Joe Carollo is entitled to be returned to office because his successor... Commissioner Plummer: Not returned, continued. Mr. Maxwell: Well, I... Maybe, he should speak for himself, if Mr. Coffey is here as to exactly what his argument is. But, he is saying that he should be... well, that his office continues. I am reading it now. "... under Section 4 of the Charter Mayor Carollo's term of office continues until a future event." That is, until the lawful election and qualification of the successor. And, what he is saying... I think his argument is, that the judge's... when the judge declared the election void, then he in fact, should remain in office because his successor as Mayor has not been appointed. That's... I think that's the gist of his argument. Chairman Hernandez: Mr. City Attorney, if I may ask this question then? We have a total different form of government at this point in time. If the Third DCA (District Court of Appeals) would approve or basically rule in his argument's favor, then one of us would be bumped off of our seats here. Mr. Maxwell: Well, Commissioner... Chairman Hernandez: One of us being the Commissioners because he back in the old form of government, the Mayor had a vote... Vice Chairman Teele: Well, I don't think he would be bumping the Overtown, Little Haiti, Liberty City seat out, so... Speak for yourself. Commissioner Plummer: Wait, wait. Woa, woa, woa. Wait, wait, wait. According... Vice Chairman Teele: He doesn't live in my district. Commissioner Plummer: No, no, no, no. He lives in my district. Chairman Hernandez: Yeah, that's right. Right. Mr. Maxwell: Mr. Chairman. Commissioner Plummer: Now, you think there was a funeral out here before. Chairman Hernandez: OK, can you address that, because that is an issue? Mr. Maxwell: Yes, sir, that's a... Without levity, sir, that's a serious, serious point, because I think it goes to the heart of the argument that the City would have to have at this particular instance. When Commissioner, Mayor Carollo was in office, he was part of a different form of 9 March 5, 1998 government. That was the Commission -Manager form of government. The electorate of the City of Miami went to the polls in September and agreed to change the form of government. They changed it to the Mayor -Manager form of government, made it a... Executive Mayor form of government. Mayor Carollo was one of five Commissioners who also sat as the Mayor. If in fact the argument that they make is accepted by the court, in my opinion chaos would then ensue. It would ensue because one of you would have to go. Commissioner Plummer: Oh, oh. You ain't never seen chaos. Commissioner Gort: Mr. Chairman. Vice Chairman Teele: You got the... Chairman Hernandez: I got the gavel. Vice Chairman Teele: Only one has the gavel. Commissioner Gort: I would like to state... Mr. Maxwell: Further, the court did not address the issue of... Chairman Hernandez: The dean... Mr. Maxwell: Possibly, even though I say one of you would have to go, it's quite possible that more of you would have to go because they... in order for the court to buy that argument, it would have to invalidate the district election in total. There was several of you appointed at that time. My position is, that the court never addressed the matter of the district elections. The district elections are valid. The seat that Mr. Carollo held at that time no longer exists. The position no longer exists. Commissioner Regalado: So, what I am asking is, does the judge have the right to override the Commission's choice for a Mayor? Mr. Maxwell: You mean through the Charter provision? Commissioner Regalado: If we were to pick up a name today, or tonight or next morning, does the judge have the right and the power to override our decision? Mr. Maxwell: Not override your decision. Now, they could always go in and try to get an injunction. They could try to stay. The court could ask... they could ask the court to enter... I don't want to tell them what to do, but they could go in and ask for an order, a nunc pro tunc as you have been... as I think the Vice Chairman explained to you once, where they would enjoin the Commission from acting. Now, if they do that nunc pro tunc, then you wouldn't be able to do anything. But, they would have to go in and ask the court to stop you from doing it. Commissioner Plummer: That's not what he's asking. What he is asking for is to put him into the chair. Mr. Maxwell: No. Commissioner Plummer: He is not saying, stop the action, because we haven't even taken any action, yet. From what I understand this letter, and I am not a lawyer, he is asking that he be continued in the chair. 10 March 5, 1998 Mr. Maxwell: He is asking for the continue... He is asking to continue in a position that no longer exists. Commissioner Gort: Right. Mr. Maxwell: The position of Mayor now is Executive Mayor. He never was in that position. Commissioner Plummer: Ah-hh. Chairman Hernandez: That position has... does not exist anymore. And, that's what my question was too. Mr. Maxwell: Yeah, the position of Mayor -Commissioner where he was one of five, that position no longer exists. The position of Mayor that is now in contention, is Executive Mayor. And, as you know from the Charter revision, that Mayor does... is not a member of this Commission. Commissioner Plummer: Major difference. Chairman Hernandez: Correct. Vice Chairman Teele: Mr. Chairman. Chairman Hernandez: Vice Chairman Teele. Vice Chairman Teele: Mr. Chairman, let me ask this. I think, as a minimum, the City attorney should be instructed to file at least a brief, if there is an appeal that outlines what the Charter is and what's said. L. You know, the only way you can... in this type of adversary proceeding is to at least be heard, is you have to come in. And, I don't know why we are so tentative in filing. I just think that the City Attorney should not file unless the Commission instructs him to file. Is that clear, Mr. Attorney? Mr. Maxwell: Yes, sir. Vice Chairman Teele: And, I think this Commission should advise him to file an Amicus Brief only as it relates to the Charter and this. Not to take sides for Mr. Coffey or against Mr. Coffey, for Mr. Suarez or against Mr. Suarez. But, you know, it's important that the judges and the appellant judges and quite frankly that the trial judge have heard what the law is. Because, I think if we had been there purely as an Amicus we may not have these two election kind of a nonsense that we are looking at. I mean, the judge is a reasonable man. Judge Wilson is a very great judge. And, there is no way that he would have put us in that kind of position if he had seen what remedies that we could have afford him. So, I would move only that if there is an appeal filed that the City Attorney be instructed to file an Amicus Brief only for the point of view of explaining the Charter and the transition in the Charter and specifically not taking the side for Mr. Carollo or against Mr. Carollo; for Mr. Suarez or against Mr. Suarez. Chairman Hernandez: There is a motion by Vice Chairman Teele, is there a second? Commissioner Plummer: Second. Commissioner Regalado: Second. Chairman Hernandez: Second by Commissioner Regalado. 11 March 5, 1998 Commissioner Plummer: Discussion Mr. Chairman. I would hope that if that does become the case that you would call an immediate special meeting of this Commission where we will be able to discuss it with the City Attorney. Mr. Maxwell: Is that before I file? Is that...? Are you saying before I filed it? Vice Chairman Teele: No, you don't file. Mr. Maxwell: I mean, in terms of... you are saying discuss. Commissioner Plummer: You can file it, yeah. But, I want to know what you are filing. Mr. Maxwell: So... Vice Chairman Teele: Well you can... Well, and you brief each Commissioner before you file it. Commissioner Plummer: That's... OK, that's fine. Vice Chairman Teele: But, we are going to be here on Tuesday, anyway. And... Chairman Hernandez: We have a Commission meeting on the loth. Commissioner Plummer: According to what I heard, I might not be here. So... Chairman Hernandez: Any further discussion on this motion? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? The following motion was introduced by Vice Chairman Teele, who moved its adoption: MOTION NO. 98-227 A MOTION STATING THAT IF THE ATTORNEY(S) REPRESENTING EXECUTIVE MAYORAL CANDIDATE JOE CAROLLO (NAMELY KENDALL COFFEY, BENEDICT P. KUEHNE, JOHN SHUBIN, JOSEPH S. GELLER, ETC.) FILE AN APPEAL IN THE THIRD DISTRICT COURT OF APPEALS, TO CIRCUIT COURT JUDGE THOMAS MOORE'S FINAL JUDGEMENT ORDERING A NEW ELECTION FOR THE OFFICE OF MAYOR TO DECLARE THE IMMEDIATE RIGHT OF JOE CAROLLO TO RESUME HIS DUTIES AS MAYOR OF MIAMI, THEN THE CITY ATTORNEY SHALL BE INSTRUCTED TO FILE AN AMICUS BRIEF (ONLY FOR THE PURPOSE OF OUTLINING WHAT THE CHARTER STATES AND THE TRANSITION IN THE CHARTER), SPECIFICALLY REMAINING UNBIASED OF EITHER SIDE OF THE APPEAL; FURTHER DIRECTING THE CITY ATTORNEY TO FORWARD A COPY OF SAID BRIEF TO EACH OF THE MEMBERS OF THE CITY COMMISSION AND DISCUSS SAME BEFORE FILING. 12 March 5, 1998 Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. Vice Chairman Teele: Mr. Chairman, I am not prepared to name anyone the interim Mayor in light of this. And, now... Look, if there is four votes here I will vote, be the fifth vote, but I must tell you, my personal view is that the way we can quadruple the size of the size of the press pool that is here now, is for us to name an interim Mayor tomorrow, for there to be an appeal in the court, and the court change the whole thing, and then you have got... You know, we were on Good Morning American, we were on Today Show... Chairman Hernandez: CNN. Vice Chairman Teele: ... CNN. And, the one thing I think we have got to be... We have got to be very sensitive to.... Chairman Hernandez: Very careful. Vice Chairman Teele: ... is that we don't in any way pour fuel on this media on this -- and I don't mean to blame the media -- on the image of Miami which is very fragile at this point. I think we would be well served to act very, very judiciously and with a degree of deliberation. I would strongly recommend to the majority that we take whatever time the law allows us to act so that all of these potential issues can be resolved. They probably won't be but at least we would not have been a part of compounding a circus like atmosphere about who is in charge of City Hall. I will not make a motion because I don't want to cut off debate, but if anyone has got a motion for someone to be the Interim Mayor, I know we have... Several people have their names before us. But, I am really not prepared to vote on it. I am not prepared to vote on it now. I really do wish that there was a way the Sunshine law would allow us to confer, it doesn't confer. I am not interested in conferring. Outside of the Sunshine I would hope that the Tuesday agenda would allow us to have some discussion about potential names of this. My greatest fear is that this decision is going to be made... If we don't act appropriately it's going to be made at a restaurant somewhere or at a soccer field or a football field. And, I would hope that that decision is made here at this dais. Commissioner Gort: Mr. Chairman. Chairman Hernandez: Thank you. Commissioner Gort. Commissioner Gort: I agree with Vice Chairman Teele. I think we have to wait and see everything that takes place. At the same time, since we have all the press here, I think it is very important for people to understand. I had a call at eight o'clock this morning, the Colombian National Broadcasting for Columbia, South America. The heard at the chaotic situation here in the City of Miami. I want the press to understand and I think it is very important for the citizens to understand that the system of government that we have with us the Commission and with the 13 March 5, 1998 administrator, the City Manager, this Commission and this City will continue to do business as usually, will continue to provide the services to our residents and everything will be going fine. To who is the leadership in here, who is running City Hall? We are running City Hall, we are giving instructions to the City Manager and the City Manager, and the City Manager is to follow those instructions. If you will recall when Mayor Clark passed away, we took over it, and we ran the City and the City ran very well. So, I think it's very important for all of you that are here to get that message and to pass it on, because what we are doing is hurting the City of Miami and all of us. Chairman Hernandez: Thank you. Commissioner Regalado. [APPLAUSE] Commissioner Regalado: Yeah, I was also following Commissioner Gort's ideas. I wanted specifically to ask the City Attorney, what are the powers that this Commission, the City Manager have in terms of running the government, day to day operations, making decisions, approving motions and resolutions that could not be signed. Could you, just to clarify, because we don't want is another headline that says the City is still without anybody in charge, so could you legally give us an idea of who is running the City in which way and the way that the absence of a Mayor affects this day to day operation? Mr. Maxwell: As you know, ordinances or resolutions are signed by the Mayor, and we don't... or vetoed by the Mayor within ten days after passage. We don't have anyone to do that right now, so we don't have an executive at the head. We do have the Manager who is the administrative head of the City, and the Manager continues to function. You as the legislative branch of this government continue to function as you have. You need though, to quickly fill the position of Mayor because you don't have anyone filling down... taking care of that particular aspect of the government. Commissioner Regalado: Which leads to my question. Now, if, on Tuesday a regular session we approve several motions and resolutions, and we are not able to appoint a Mayor, not until the last of the ten days, what does this do to... after the period of time that the Mayor is supposed to veto any resolution? Mr. Maxwell: I am sorry, I don't... Could you... Mr. Garcia -Pedrosa (City Manager): If there is no Mayor for ten days... Vice Chairman Teele: It can't happen that way. The facts... Commissioner Regalado: I am sorry. Vice Chairman Teele: The facts won't allow it, that to happen. Chairman Hernandez: Right. Vice Chairman Teele: We have to appoint somebody by Saturday. Chairman Hernandez: Right. Commissioner Regalado: That's right. Vice Chairman Teele: At the last date. 14 March 5, 1998 Chairman Hernandez: Right. Vice Chairman Teele: Any action taken this Tuesday... Chairman Hernandez: Yeah. Commissioner Gort: To the approval... Vice Chairman Teele: ... will be subject to a veto... Commissioner Plummer: Ten days. Chairman Hernandez: Ten day, yeah. Vice Chairman Teele: ... or approval within that ten day period. Chairman Hernandez: Absolutely. Vice Chairman Teele: So, there is really no loss of any action unless there are actions that the Mayor did not act upon that are on his desk. Mr. Maxwell: And, what... If he didn't act on those, I mean, that... we could provide for that. The fact that he does not veto doesn't create a real problem. If you remember, that if he does... In fact, there is under our provisions, under our code provisions, the Mayor does not even have to sign legislation now. I just recalled that. When we... back in October when we implemented the new Charter, there were provisions that said, one, the Mayor can veto legislation. He could sign it within the period time, or if he does not sign it at all it becomes law without his signature. So, that would not create a real serious problem, but you should as the Vice Mayor has pointed out, quickly move to fill that position. Commissioner Plummer: Mr. Chairman. Chairman Hernandez: Commissioner Plummer. Commissioner Plummer: I am concerned, Mr. City Attorney, and an expression of this Commission, and I think we have all said the same thing, we now not have a Mayor. In reference to the executive package that was passed, it was said that if we didn't resolve... take it back, that he would veto it. Now, I think everyone of us up here want that thing to be reversed. There is not going to be a veto, and are we in a position today to make a motion to take that back? Commissioner Gort: My understanding is, that veto took place. Commissioner Plummer: Well, then if it is, I am not aware. Vice Chairman Teele: Instruct the attorney to put it on the agenda for... Chairman Hernandez: For Tuesday. Vice Chairman Teele: ... Tuesday. Mr. Maxwell: I think it has been placed on the agenda for Tuesday. Chairman Hernandez: For reconsideration. 15 March 5, 1998 Mr. Maxwell: It's for... No, it's the legislation that was before you last Monday, and... Commissioner Regalado: Right. Chairman Hernandez: Right. We didn't vote on it when we put it. Mr. Maxwell: That's right. That's right. Commissioner Plummer: Excuse me. I thought you could only reconsider at the very next meeting. Mr. Maxwell: It's not a reconsideration. Commissioner Regalado: It's a new... Mr. Maxwell: This is a motion... a resolution amending the previous one. It's only when it's the subject of a veto that you run into that prohibition or reconsideration. That's why it's important that that not get caught in that track. Commissioner Plummer: Mr. Chairman, my only comments are very simple. I have sat here for 28 years and I have gone through a number of choosing someone to fill a vacant chair. Don't let us get into a position where we do not make an appointment by that 14th day. It would be... Mr. Maxwell: Tenth day. Tenth day. The 14th. Commissioner Plummer: I am sorry, the tenth day, the 14th of the month. It would be an embarrassment to me that absolutely would be horrible. Chairman Hernandez: That's not going to happen, though. Commissioner Plummer: We can all have differences of opinion, and we have done it before. I remember one vote that took 32 votes to elect a Commissioner. But, in the final analysis we came together for the good of the City. I don't even want to hear about a second election. I would hope that all of us, even if it takes a little compromise, that for the good of the City, that we will definitely have an appointment prior to the 14th of March. Chairman Hernandez: Commissioner Plummer, I can guarantee you and I show the leadership that the rest of will, that within ten days we will definitely appoint a candidate to that position. However, I must agree with Vice Chairman Teele, in that we must show responsibility and this is one of these issues with all the questions that are up in the air that we must at this point in time wait to clear some of these issues and make a prudent due diligent decision in the next ten days. Before, before... Commissioner Plummer: Now, the next question. Chairman Hernandez: Go ahead. Commissioner Plummer: When? Mondays are my worst day in my private business. We are meeting all day on Tuesday, so... Vice Chairman Teele: We could certainly do it on Tuesday. Chairman Hernandez: We solve it on Tuesday, we have a Commission meeting on Tuesday. 16 March 5, 1998 Commissioner Plummer: All right. So, in other words you might do it then? Chairman Hernandez: On Tuesday. Commissioner Plummer: OK, but please, don't disrupt me on Monday. I would ask if it's any way possible. Chairman Hernandez: It will be set for Tuesday on the Commission meeting, regular Commission meeting of Tuesday, March the 10th. Commissioner Plummer: Oh, I thought it was going to be seven o'clock? Chairman Hernandez: Seven o'clock. Commissioner Plummer: A.M.? Chairman Hernandez: L. You know... Commissioner Regalado: It used to be. Chairman Hernandez: You told me you need to run business at that time. Commissioner Regalado: Mr. Chairman, so are we... are we saying, we are going to try or going to appoint a person on Tuesday? Chairman Hernandez: Yes, that's what I hear from this... That's the spirit of this Commission. We need a motion. Vice Chairman Teele: Let's set a time to do that on Tuesday. Chairman Hernandez: Well, since we are starting our meetings on... Vice Chairman Teele: What we don't want is the media to come in and out and... Chairman Hernandez: Right. Vice Chairman Teele: ... and they not know what is going to happen, when it's going to happen. We are going to do it... Chairman Hernandez: We... Vice Chairman, we have been starting our meetings at ten in the morning. I think we can... It shouldn't be a very long process. If eight thirty is all right with you, I will set it up for eight thirty. If that's not all right for you... Vice Chairman Teele: That's not all right for... Chairman Hernandez: All right. Commissioner Regalado: If we could... Commissioner Plummer: I still like seven o'clock. Vice Chairman Teele: Mr. Chairman, I would propose that we do it at 3:00 p.m. Let me tell you why. We have a Community Development CDBG (Community Development Block Grant) 17 March 5, 1998 meeting at eight... at ten o'clock. We are going to have one hundred people down here all looking for a different type of discussion. And, I think in fairness to the citizens, three o'clock, lets everybody meet their deadlines. It will make the evening news deadline and it will make the... Chairman Hernandez: So, let me ask... Commissioner Plummer: Mr. Chairman, if I may for consideration. Chairman Hernandez: One second Commissioner Plummer. What are your time constraints...? Commissioner Regalado: It's fine. Ten a.m., is fine, three p.m., is fine. Chairman Hernandez: OK. Commissioner Regalado: Night, afternoon... Chairman Hernandez: We will be starting the Commission meeting, the regular Commission meeting at ten in the morning. Commissioner Regalado: Sure. Commissioner Plummer: Mr. Chairman. Chairman Hernandez: Commissioner Plummer. Commissioner Plummer: This issue is so important. I think serious consideration ought to be given as a single item agenda, Wednesday. I just really feel... this thing could run on for... I have seen it run on for three, four, five hours. Now, I am just saying, I will meet anytime Tuesday that you want. Vice Chairman Teele: Wednesday. Chairman Hernandez: OK. Let me ask this question? Commissioner Gort, do you have an objection to Wednesday? Commissioner Gort: Anytime you want, as long as we get pass this. Chairman Hernandez: Commissioner Regalado. Commissioner Regalado: No objection. Vice Chairman Teele: High noon Wednesday is fine. Chairman Hernandez: High noon Wednesday. Before we take a vote, Mr. Sklarey. Commissioner Regalado: Just one... one word, Mr. Chairman. Chairman Hernandez: Yes. Commissioner Plummer: Wait a minute. Time certain. Chairman Hernandez: Yes, high noon. 18 March 5, 1998 Commissioner Regalado: OK. It's OK, with me. But, it's important that the people of Miami understand that what we did here, this afternoon, that I was ready and I know that you all were ready to select a person to be the Interim Mayor of the City of Miami. We are not declaring a decision that is hard for all of us. We are not just trying to pass the time to wait for... to see what happens. It is just that because of legal issues, to do something today, it will bring more chaos into this City. So, I agree with the Vice Chairman, with you, Mr. Chairman. But, I just want the people of Miami to understand that we came here, I came here ready to vote on a person and to add more stability than we have now with this City Manager and this Commission. So, I am sure that we can promise the people of Miami that by next week, we will have a definite answer for the people of Miami. Chairman Hernandez: Thank you, Commissioner Regalado. Mr. Sklarey. Mr. Seth Sklarey: I just have a couple of quick questions. Whether the actions of the Mayor during the period from November to the judge's decision are in full force in effect or are they nullified by virtue of the fact that there is...? Mr. Maxwell: I believe their actions are in full force in effect. Mr. Sklarey: OK. Mr. Maxwell: in authority. [inaudible] Mr. Sklarey: OK. And, the other thing I just wanted to bring to your attention is that there is a possibility there is going to be a special election for senator, the Florida senator and possibly for State Representative, at which point, you may be able to put each other amendments... Commissioner Plummer: It's different districts. Commissioner Regalado: Yeah, but it's not the whole City of Miami. Commissioner Plummer: It's a different district. Commissioner Gort: It's not districts. It's not one... Mr. Sklarey: Well, but, a great... What I am saying is, there is a great deal of the City of Miami involved in that election. And, rather than having a separate election where there would be additional expense, you might want to put it together as a possibility. Vice Chairman Teele: Thank you. Chairman Hernandez: Thank you. Mr. Goenaga. Mr. Manuel Gonzalez-Goenaga: Yes, I have a question. My feeling... Chairman Hernandez: Your name and address for the record, please. Mr. Gonzalez-Goenaga: Yes, my name is Manuel Gonzalez-Goenaga, 2469 Southwest 14th Street. My concern even though I did not graduate from Harvard, I graduated from Harlem University, and there are two issues. Is the situation voidable or void as an issue. And, I am sure that Mr. Garcia -Pedrosa knows the difference between a voidable contract and a void , that means that it never existed. So, there are two issues that have to be clarified. And, regarding the nomination within ten days of an Interim Mayor, my suggestion, remember that we are in March, beware the eyes of much. And, my main issue is, that what we 19 March 5, 1998 need here is none of the people who are running for Mayor, and I tell you why. We must think prospectively also. We must have a true, clean, fair election. And, if somebody is put in, either one of us, they might use with Marta Flores and all the Hispanic radio stations that they are invited as Mayor and not as a candidate. I think that both of them in a very nice way, they should resign and let somebody be the Interim Mayor. And, the way these things are going, why do we need an Interim Mayor? We have a nice City Manager, and five very honorable Commissioners that can handle the City temporarily. Thank you, very much. Chairman Hernandez: Thank you, very much. Mr. Joaquin Pujol: Good afternoon. My name is Joaquin Pujol, I live in 2003 Southwest 25th Street, Miami. Distinguished Chairman, Commission, City Manager. Let me ask you a question, why we have to be looking for another Mayor, temporary for 60 days? Let me ask you a question, City Manager, are you happy with your job, with your salary and your benefits? Mr. Garcia -Pedrosa: Yes. Mr. Pujol: You can answer, don't worry about it. Commissioner Plummer: Go ahead answer it. Chairman Hernandez: Sir, sir, make your comments. Commissioner Plummer: What do you mean you take the fifth? Mr. Pujol: Are you certified? Chairman Hernandez: Make your comments, sir, please. Mr. Pujol: I... wait a minute. I don't come here to make a joke. This is a question. Chairman Hernandez: Make your comments, please. Mr. Pujol: Are you certified? Why we don't use it, the City Manager as the Mayor temporary for 60 days as long as he knows the business? Commissioner Gort: Sir... Commissioner Plummer: There is a simple answer sir, he... He doesn't live in the City of Miami and he does not qualify. Mr. Pujol: Oh, that's the reason. So, why we don't hire another City Manager... Mr. Garcia -Pedrosa: Well, the City Manager cannot do the two jobs at the same time. Chairman Hernandez: Right. Vice Chairman Teele: Yeah. Chairman Hernandez: Dual, dual... Mr. Pujol: Why not? Mr. Maxwell: There is a of dual salary. 20 March 5, 1998 Mr. Garcia -Pedrosa: There is a prohibition by the City Attorney. Commissioner Plummer: But, we did have a case where a City Commissioner became Manager. Commissioner Gort: Excuse me. Mr. Chairman, I think that the attorney made a responsible... he responded to that question. I think if the gentleman didn't hear it, would you respond to the question, why we need an Interim Mayor? Because, with the new form of government, that person has to sign a resolution... Chairman Hernandez: Correct. Commissioner Gort: And. that person has to right to veto the decisions that we take. That's why he... Chairman Hernandez: Plus there is dual office holding, too. Mr. Pujol: No, but on this issue we can't say too much. [phonetic] Chairman Hernandez: Sir, you have 43 seconds to make your comments, sir. Please. Mr. Pujol: No, that's that. Chairman Hernandez: OK. Mr. Pujol: Because, neither one of you wants assistant to the Mayor, right? Commissioner Gort: We can't. Mr. Pujol: So, I think he knows the business, he is inside. Chairman Hernandez: OK. OK. Mr. Pujol: So, on that point, we save some money. Because, in the other way we have to pay to the other guy. Chairman Hernandez: Thank you, very much sir. Mr. Pujol: You are welcome. Mr. Gilbert Casanova: [COMMENTS IN SPANISH AND ENGLISH -- INAUDIBLE] Chairman Hernandez: Two minutes, two minutes, O.K. Thank you very much. Next, next speaker please. Your name and address for the record, sir. Please quiet. Quite, please. Mr. Marcos Gonzalez: Worthy Commissioners, worthy City Attorney, my name is Marcos Gonzalez, I am one of the attorneys that represent Xavier Suarez. I sat here very patiently and listened to your consideration of Mr. Coffey's letters. Obviously, we did not get a chance to speak to rebut that, we just want to go on the record to say that we agree with the City Attorney's interpretation of the Charter and that eventually you all are going to have to decide this matter, and please don't allow yourselves to be intimidated by Mr. Coffey or anybody else. OK. Chairman Hernandez: Thank you, very much. 21 March 5, 1998 [APPLAUSE] Chairman Hernandez: Name and address for the record. Ms. Miriam Donner: My name is Miriam Donner, and I live... Chairman Hernandez: Excuse me, please, please. Ms. Donner: ... and I would like to tell... Chairman Hernandez: Name and address for the record, ma'am. Mr. Donner: ... and I would like to tell all of you... Commissioner Gort: Name and address. Chairman Hernandez: Ma'am, your name, your name... Ms. Donner:... that you need a neutral Mayor. Chairman Hernandez: Ma'am, I need your name and address. Ms. Donner: ... temporarily, and you should take Stierheim, because... Chairman Hernandez: Ma'am. Ms. Donner: ... otherwise that is hanky-panky. Chairman Hernandez: Ma'am, what is your name, please? Ms. Donner: Like 21 years, I am fighting the City of Miami. Chairman Hernandez: Cut the microphone off. Cut the microphone off. Chairman Hernandez: Ma'am, ma'am. Thank you, very much. Thank you. Thank you, very much. Please. Thank you, very much. Thank you. Commissioner Plummer: They are coming to take you away, away. This is getting ridiculous. [phonetic] Chairman Hernandez: Mr. Cruz. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street, in the City of Miami. I took off two hours of comp time to be here. It was very hard for working people to make it here, as you see most lobbyist people, retire people, and all that. And, I am going to make sure whatever happens here affects me in Allapattah, or what ever happens in Congress affects me in the Post Office. So, I have a few questions. Vice Chairman Teele: Thank you. Mr. Cruz: Right. One question I have got, and that question was asked to me by . What do you think of this? I say, I don't think anything of whatever is going on here, because that guy there, one man there got more powers than forty 22 March 5, 1998 something people, directors of the City of Miami. He will decide for us, what happened to one man one vote. So, that reminds me of Cuba, election [SPANISH]. Election, what for? We don't need any more election. We got lawyer Wilson there, I mean, Judge Wilson, he decides everything for us. The next time you need what? Two Mayor, two Commissioners, he decided for us. And, the other question I got, what's the legality of Mr. Coffey mailing a kind of intimidation letter to the Commissioners and that... and the Manager about putting Carollo back, I heard earlier. Carollo was the Mayor of the old system, now it's a district. Like I ran for District I. I didn't run against Willy Gort, I ran in an open seat, right? It was open, it was a new system, so the same thing. But, I want to remind you that not to be afraid of the legal system, because we got another power we got executive power and we got power. It's not just the judge deciding everything in this country. So, it's going to be a government by like the old Chairman Hernandez: Thank you, Mariano. Mr. Cruz: So, that is what it's getting to be. Chairman Hernandez: Thank you. Unidentified Speaker: Bravo. [APPLAUSE] Vice Chairman Teele: Mr. Chairman, I would... Chairman Hernandez: You are going to be the last speaker before we close this public meeting. Name and address for the record, sir. Mr. Andres Gomes-Mena: Yes. My name is Andres Gomez -Mena, I live in 3560 Vista Court, here in Coconut Grove, and I would... I have a question for the City Attorney to see if this is a feasible and legal suggestion. It is... It seems to me that the election for Mayor has to be called by the judge within 60 days. And, it seems to me that you have to make a decision within ten days to name the Mayor. Why don't you call the election to be ten days from today, and the winner of that election is the Mayor. You do a favor to the whole City of Miami. It is a favor to the whole City of Miami not to go on with this show for so long, and the whole situation is so... an additional Interim Mayor... Commissioner Plummer: It's an easy answer because the judge said 60. Mr. Gomez -Mena:... and I don't know the legality of it, but this is my question to the City Attorney. Commissioner Plummer: The judge said 60. Vice Chairman Teele: It's not legal. Chairman Hernandez: Mr. Chairman. Mr. Maxwell: Mister... do you want me to respond to that, Mr. Chairman? Chairman Hernandez: Respond to the question please, as quickly as possible. Mr. Maxwell: Well, we could always go to court and seek clarification or, ask as a and try to get the judge to change the date. The order is clear. The order says, a new election shall be held 60 days from the date of this order. It did not say within 60 days of this order or any language to that effect. Therefore, we are stuck with that 60 days, unless or until the order is... 23 March 5, 1998 Chairman Hernandez: Thank you, very much. Commissioner Plummer: I have a question that I think is unanswered. Are you going back into court, Mr. City Attorney, to get a different day than Sunday? Is that necessary? I don't know. Mr. Maxwell: First of all, the only directions to go into court that this Commission has given me in regards of filing an Amicus in the public courts, is not necessary in my opinion to go into court regarding the Sunday election because under the rules of civil procedure, any order of the court that requires action on a Saturday, Sunday or legal holiday can be performed on the next business day, which in this case would be Monday. Now, it maybe that the Elections Department of Miami -Dade County may have a problem with that. They may go into court and ask for a change in that date because they generally desire Tuesday. Commissioner Plummer: That's... Commissioner Regalado: I would remind you, Mr. City Attorney, and Mr. Manager, and Mr. City Clerk, that that happened to us, I think a year and a half ago... Commissioner Plummer: On Thursday. Commissioner Regalado: ... and it cost the City, or it would have cost the City thirty thousand dollars ($30,000) more because of overtime. Commissioner Plummer: Yeah. Commissioner Regalado: And, Mr. Leahy came here and said that if he had to work on a Sunday.... Mr. Maxwell: That's correct. Commissioner Regalado: ... it would cost the City several thousand dollars more in overtime. So... Mr. Maxwell: Yes, because they would have to setup on Sunday. Commissioner Plummer: But, Tomas that was our decision to make. Commissioner Regalado: That's right. Commissioner Plummer: Here is a court decision, that's why I asked the questions. Commissioner Regalado: Offset. [phonetic] Vice Chairman Teele: It's our bill. Mr. Juan M. Vazquez: Mr. Chairman. Chairman Hernandez: OK, name and address. Mr. Vazquez: Mr. Chairman, Commissioner, two questions in 30 seconds. To the Attorney... Chairman Hernandez: You have to... Sir, you have to address it to me. 24 March 5, 1998 Mr. Vazquez: ... the Commissioner Plummer and all Commissioners. Is legal or illegal that the Carollo send a letter to the full Commission to question... This is in Spanish "chantage." [APPLAUSE] You see, is it illegal or legal? Chairman Hernandez: Can you just answer that real briefly, please? Mr. Vazquez: Intimidation. Mr. Maxwell: If the question is whether it's legal or illegal... Chairman Hernandez: Of course. Commissioner Plummer: It is legal. Chairman Hernandez: Of course, yeah. Mr. Maxwell: ... for Mr. Coffey to send a letter? Certainly, it is. It's... Commissioner Gort: Everybody has their rights. Chairman Hernandez: Yes, it's legal. Yes. Mr. Vazquez: Yeah, it's legal. Mr. Maxwell: You can send a letter anytime you want to. [phonetic] Mr. Vasquez: Thank you for your answer. [APPLAUSE] Chairman Hernandez: Thank you. Vice Chairman Teele: Mr. Chairman. Chairman Hernandez: Sir, you are going to be the last speaker. We need to close the meeting. Thank you. Go ahead. Mr. Walter S. Graham: My name is Walter Sumnah Graham, and on behalf of the Graham family, I would like to apologize to the citizens of the City of Miami for my great grandfather not writing a means of succession of Mayor in the City Charter. If he had had the foresight we wouldn't be having all these problems. But, I am sure that you all will do a good job and pick the best man for the interim period of time so that our two candidates for Mayor can concentrate on campaigning. And, let's pick a non -controversial individual, like J.L. Chairman Hernandez: Thank you, very much, sir. Mr. Graham: He could resign. Commissioner Plummer: Mr. Chairman, I want to make sure... Commissioner Gort: Are you sure about that? Chairman Hernandez: We are closing the... 25 March 5, 1998 Commissioner Plummer: You guys are really trying to get rid of me. I... Chairman Hernandez: I am closing the public meeting at this time and I entertain any motions by the Commission. Commissioner Plummer: Mr. Chairman, I don't have a motion, but I just have a curious comment to make. We all know, with disbelief that today the County Manager was fired. Commissioner Gort: What? Commissioner Plummer: We all know that the County is one hundred and nineteen million dollars ($119,000,000) short of the money have. Why are all the TV cameras here? Chairman Hernandez: Thank you. Please quite down. Is there a motion? Vice Chairman Teele: Mr. Chairman, I would move that the Commission set a special meeting for this coming Wednesday, March the... Chairman Hernandez: Eleventh. Vice Chairman Teele: ... 11th, at high noon, 12, for the purpose of selecting an Interim Mayor to serve out the term as allowed under the Charter. Chairman Hernandez: There is a motion by Vice Chairman Teele... Commissioner Gort: Second. Chairman Hernandez: ... seconded by Commissioner Gort. Can we call the roll call, please? Mr. Maxwell: May I? Commissioner Plummer: Wait a minute, the City Attorney is about to have a fit over here. Mr. Maxwell: No, just one point that needs to be clarified. The Mayor that you will... The person that you will appoint, should you do so, would be Mayor. There is no provision in the Charter for Interim Mayor. That person is in fact, Mayor. Commissioner Plummer: Yeah, that's understandable. Commissioner Gort: Right. Mr. Maxwell: Executive Mayor with all the powers that goes with it. Chairman Hernandez: Right. Roll call, please. Vice Chairman Teele: Yes, sir. Commissioner Regalado: Yes. Commissioner Plummer: Yes. Commissioner Gort: Yes. Chairman Hernandez: Yes, sir. 26 March 5, 1998 The following motion was introduced by Vice Chairman Teele, who moved its adoption: MOTION NO. 98-228 A MOTION SCHEDULING A SPECIAL COMMISSION MEETING ON WEDNESDAY, MARCH 11, 1998 AT NOON FOR PURPOSES OF SELECTING AN EXECUTIVE MAYOR OF THE CITY OF MIAMI. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Chairman Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Vice Chairman Teele: Mr. Chairman. Chairman Hernandez: Vice Chairman Teele. Vice Chairman Teele: I have to go, so I don't know if there is going to be anymore debate or discussion. Chairman Hernandez: We are closing the meeting. Vice Chairman Teele: But, I really think it's important, and Mr. Chairman, I yield to you. You are one of the fairest, most opened Chairmen I have ever had the pleasure of serving with. But, the City of Miami is really on trial in a lot of ways. And, I really do hope that as we move these Commission proceedings that we can get the discussion from the public limited to the issue at hand. We are turning this thing an abundance of fairness into something quite frankly, the national media is just getting all this wonderful film footage, and we are going to see it again in a way that's very... is not very complimentary to this City. And, I just want to say that on the record, because it's nice to be funny, and it's nice to be a clown, but I don't really like the City of Miami being made a clown all over the world. Chairman Hernandez: Absolutely. Thank you. [APPLAUSE] 27 March 5, 1998 Chairman Hernandez: This meeting is now adjourned. Thank you, very much. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 4:11 P.M. COMMISSIONER HUMBERTO HERNANDEZ PRESIDING OFFICER/CHAIRMAN ATTEST: Walter Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK l0"96 28 March 5, 1998