HomeMy WebLinkAboutR-98-0548J-98-636
6/5/98
RESOLUTION NO. 9 8- 5 4 8
A RESOLUTION APPOINTING JOE SANCHEZ AS A
MEMBER OF THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA, DISTRICT 3, TO FILL THE
TEMPORARY VACANCY CREATED BY THE SUSPENSION
OF HUMBERTO HERNANDEZ, TO SERVE UNTIL SUCH
TIME AS THE RESULTS HAVE BEEN DECLARED AND
CERTIFIED FOR AN ELECTION TO BE HELD ON
NOVEMBER 3, 1998, WHICH ELECTION SHALL ELECT
A COMMISSIONER TO SERVE THE THEN REMAINING
UNEXPIRED TERM OF HUMBERTO HERNANDEZ, SUBJECT
TO POSSIBLE DISPLACEMENT.
WHEREAS, due to the May 28, 1998 suspension of Commissioner
Humberto Hernandez by Governor Lawton Chiles, a temporary vacancy
exists in the District 3 Commission seat in the City of Miami,
Florida, pursuant to §112.51(3), Fla. Stat. (1997); and
WHEREAS, it is the desire of the Commission of the City of
Miami to allow the electors to fill such temporary vacancy
pursuant to City Charter provisions relative to same;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Joe Sanchez is hereby appointed as a member
of the City Commission of the City of Miami, Florida, District 3,
to fill the temporary vacancy created by the Governor's
suspension of Humberto Hernandez, to serve until such time as the
results have been declared and certified for the Election to be
CITY COMUSSION
MEETING OF
JU N 0 5 1998
Resolution No.
98- 548
held on November 3, 1998, which election shall elect a
Commissioner to serve the then remaining unexpired term of
Humberto Hernandez, or until Commissioner Hernandez' suspension
may be revoked pursuant to §112.51(6), Fla. Stat. (1997),
whichever may occur first.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this _— day of
�'�me 1998.
JOE CAROLLO, MAYOR
ATTEST:
WALTER J. FOEMAN
CITY CLER
nUUR(i IyASO FM ACORRECTNESS :/
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W2647ASS
In a�ordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation
becomes effective with the elapse of ten (10) days from the date of Commission acL,
regarding same, without the Mayor exercising a ve+u,
Walter J. Foeman, City 0erk
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98- 548
06/05/1998 10:45 3057572962 MARRERO PAGE 02
C�e� �M 1 C3* tt Wrws ASIS"13 W6
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Dear Mayor Corollo: 6.5.98
By now you are aware of the Belle Meade Homeowners Association dedication to the
growth and well-being of Greater Miami. Keeping in line with these goals, I, James
Balzano, President of the Belle Meade Homeowners Association express my support for
your efforts in "cleaning up" the recent disappointments with regards to certain suspect
leadership in Miami_
In particular, I find the recent arrest at City Hall to be an embarrassment and unfortunate
reflection on our dynamic city, I'm sure you would agree that negative circumstances of
this nature acts only as an obstacle to the economical growth and resident morale.
i would like to take this opportunity to express my support for the appointment of Miriam
Alonso to the current opening on the city commission. In lieu of the uncovered voter
fraud, it seems appropriate and fair that Ms. Alonso would be given an opportunity to fill
that seat.
I believe she is a respected fait individual willing to support open opportunities and
protection for ALL citizens, 'including gays and lesbians, that live in the Belle Meade area
and the surrounding upper Eastside communities.
In light of the unfortunate opening and Ms. Alonso's clear qualifications, I respectfully ask
for your support in this appointment and continue to advance the social and economic
development of our beloved city.
Respectfully yours,
.tames M. BaLnno
President
Belle Meade Homeowners Association, INC
7S1 NE 7C Street, MlallAg FL 3313S • (W4) 744-MFADC (6323)
98- 548
CITY OF MIANII. FLORIDA
=ROM
Honorable Mayor and Members
of the City Commission
INTER -OFFICE MEMORANDUM
}J4 9E June 3, 1998
SUBJECT
REFERENCES
ENCLOSURES.
FILE
Temporary Commission Vacancy: District 3
Humberto Hernandez' suspension by
Governor, May 28, 1998
(� a result of Executive Order Number 98-133, issued by Governor Lawton Chiles on
May 28, 1998, a vacancy has been created in the office of City of Miami Commissioner, District
3. Section 112.51(3), Fla. Stat. (1997), states that a "temporary vacancy" in office shall occur
upon the suspension of an elected municipal officer by the Governor, and "such temporary
vacancy" shall be filled in the same manner and by the same authority by which a permanent
vacancy in such office is filled as provided by law.
The filling of a vacancy on the Commission is addressed, inter alia, in section 12 of the
Charter of the City of Miami ("Charter"). It states, in relevant part:
[a] vacancy on the commission... caused by death, resignation, or
other causes shall be filled within ten days after such vacancy
occurs by a majority of the remaining commissioners and the term
of office of the person so appointed shall be until his successor(s)
in office is/are elected and qualified at...
(2) the even -year State of Florida general election, at
which election national, state and county offices are
filled,
whichever occurs first. (Emphasis added).
Such appointment, if made, must occur on or before Sunday, June 7, 1998, and would
only fill the vacancy until the suspended commissioner is either adjudicated innocent, the charges
are dropped, an election is held concomitant with the State of Florida general election
(November 3, 1998), or the term of the suspended commissioner expires, whichever occurs first.
In the event an appointment is not made within the 10 day period, Section 12 of the
Charter also provides for the commission to call a special election. A special election, called
pursuant to this Charter section, must be held not less than 30-days (July 7, 1998) or more than
45-days (July 22, 1998) from the expiration of the 10-day appointment period. Please note, said
special election would also only fill the vacancy until the suspended commissioner is either
98- 548
Honorable Mayor and Men,
of the City Commission
June 3, 1998
Page 2
adjudicated innocent, the charges are dropped or the term of the suspended commissioner expires,
whichever occurs first.
Attachment
c: Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
AV/jcm/rcl/W302
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO. Walter J. Foeman DATE: June 2, 1998 FILE:
City Clerk
SUBJECT: Special Meeting Request
FROM: REFERENCES:
Tomas Regalado
ENCLOSURES:
Commissioner
I hereby request that a special meeting be held to discuss the vacant seat on the City
Commission (District 3).
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