Loading...
HomeMy WebLinkAboutCC 1996-06-12 Minutes0 �K k INCUBI,=( ' It %T-E 1) M 96 AN5 JUNE 12, 1996 OF ,;HEW Mi PIP,'NOFICOF. THE: Cf. CORK u C TV NA I .LL WALTER FOEMAN CITY CLERK INDEX MINUTES OF SPECIAL MEETING June 12,1996 ITEM. SUBJECT LEGISLATION PAGE NO. NO. r c 1. DISCUSSION CONCERNING NAMING OF INTERIM RECONVENE SPECIAL MEETING ON J= 14 EITHER TO NAME AN INTERIM MAYOR OR SET DATE FOR SPECIAL ELECTION TO FILL PRESENT VACANCY. M 96-378 1-20 6/12/96 MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 12th day of June, 1996, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in special session. The meeting was called to order at 9:10 a.m. by Vice Mayor Wifredo Gort with the following members of the Commission found to be present: {{� Vice Mayor Wifredo Gort C Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. ALSO PRESENT: Cesar H. Odio, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk An invocation was delivered by Vice Mayor Gort who then led those present in a pledge of allegiance to the flag. ---------------------------------------------------------------------------------------------------------------- 1. DISCUSSION CONCERNING NAMING OF INTERIM MAYOR -- RECONVENE SPECIAL MEETING ON JUNE 14 EITHER TO NAME AN INTERIM MAYOR OR SET DATE FOR SPECIAL ELECTION TO FILL PRESENT VACANCY. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: There are occasions when the democratic institution is put to test. This is one of those occasions. The death of Mayor Steve Clark, while mournful has created a vacuum in the mayorship that is held with love and deep sense of commitment. It is the duty of this Commission to follow in his path and fill his vacancy as he would. have done, himself, in full compliance with the City Charter. In order to enlighten our friends gathered here, for those watching the meeting on Channel 9, for the record and the benefit of the residents of Miami, I am requesting of the City Attorney an opinion of the legal procedure involved in this issue. So Quinn, could you give us an opinion? Go through the procedure. A. Quinn Jones, III, Esq. (City Attorney): Mr. Vice Mayor and members of the Commission, Section 12 of the City Charter basically sets forth the procedure for you to follow to fill the vacancy, in this case, the mayoral vacancy. This provision provides as follows: There is an appointment process wherein you have the ability to appoint someone to this position - that is the 1 June 12, 1996 mayoral vacancy - within this ten-day window. This ten-day window for appointments started to run June Sth, and will end on June 14th. So at the absolute latest, you would have until Friday, June 14th, to make an appointment. Should the Commission be unable to come to a consensus as to an appointment for this position, this Charter provision then requires that a special election be held, not earlier than 30 days, which would mean the 30-day period would start running from June 15th. The latest that the election, special election would be held would be 45 days, which would be July 29th. That would be the absolute latest date for a special election. Should a special election not be held, then the Charter provides that the Courts can either: (1) Compel the City to have an election; or it can convene an election itself. Commissioner Dawkins: Question. What is the clarification that in the event the Commissioners do not set a special election, that the Court then steps in to set a special election? Clarify that for me, please. Mr. Jones: Well, it could be one of two scenarios, Commissioner. You may have a member of Ithe public who may feel that he or she is affected, such to the point that that person may go in and file a lawsuit, asking for what we call a writ of mandamus, to compel the City to convene in a special election. Or the second scenario could be that of which the Court, on its own initiative, can step in, whether it's by virtue of the Attorney General acting on behalf of the citizenry or what. I mean, that aspect of it is not clear, in terms of the Court perhaps doing it on its own f initiative. Commissioner Dawkins: But then, in essence, the Charter mandates - and if I'm in error, correct me - that this body must call a special election. Mr. Jones: That is correct, in the event that... Commissioner Dawkins: OK. So then, when this body does not call a special election, if... or appoint someone, and this body throws it to the Court, then this body is shirking its responsibility, or its fiduciary responsibility. Vice Mayor Gort: Commissioner Dawkins, I don't think that will be the case. I think we all... Commissioner Dawkins: OK. But I mean... But see... I agree with you, but you see, I have to... I've been here long enough, Mr. Mayor, to hear things that are not said and understand what's being said. OK? And I don't want the City Attorney to say things that I don't know what he's saying. And I don't know what he's saying. So I have to ask him to tell me what he's saying. That's all. Vice Mayor Gort: My interpretation is that if we would not come to an agreement, it would have to go to the Court, but I am sure that we will come to an agreement, either... Commissioner Dawkins: See, that's why I don't understand the relevance of what's being said. That's all. Vice Mayor Gort: OK. Commissioner Plummer: Well, let me... As far as I'm concerned, it was always my opinion it's automatic. I mean, it's just automatic that if Friday night at midnight, we cannot decide, it's automatic. It's just a matter of setting the date after that. Commissioner Dawkins: The Mayor and Commissioner Plummer have voiced my exact sentiments, but I just don't want the City Attorney sitting over there saying something different. 2 June 12, 1996 Commissioner Plummer: So be it. Vice Mayor Gort: Go ahead, Mr. Attorney. Mr. Jones: OK. Now, going back to the appointment process, should you appoint someone, the individual that you appoint would serve, according to the Charter, until the earlier of the two elections, which would be the odd year first general election or the even year State of Florida general election, whichever occurs first. In this case, the individual, if you appoint, would serve until November 1996. Secondly, if you appoint that person and that person serves until November '96, the individual would also be required to run in November of '97, which would be to serve the balance of the mayoral term. OK. Now, if there is a special election, the individual who... or individual who is elected would be by plurality; that is, the greatest number of votes received. In the event that there are other... Commissioner Plummer: That means... excuse me. No runoff. Mr. Jones: No runoff. Commissioner Plummer: It's strictly by... Mr. Jones: If you win by one vote, that particular individual would be the victor. Commissioner Plummer: OK. Mr. Jones: Now, if there are other vacancies, or should there be other vacancies - Commissioner vacancies, not the mayoral Commissioner vacancy - other Commissioner vacancies, the same thing would hold true. However, there seems to be some confusion as to whether, in fact... or should I say how this is interpreted. The interpretation given here basically says that those other Commissioner vacancies would be decided in the same way. You have the ability to appoint or go to special election. In the event of a special election, you have to look to Section 4 of the Charter, which requires that those individuals declare a group, and you go from there. Commissioner Plummer: Well, let me stop you there. Mr. Jones: Sure. Commissioner Plummer: So the record is clear. If one of the present Commissioners decides to seek in the special election the seat of the Mayor, he must surrender a letter of intent of resignation, effective the day of the office he seeks. Whether he wins or loses, he is out; is that correct? Mr. Jones: Well, that's the general scenario, Commissioner. However - and the Clerk will explain this to you in greater detail - because of the time parameters that you're involved... There are several scenarios or several things that must take place that would trigger... certain dates that would trigger the qualifying deadline, would trigger the actual election date, should you so choose. So that may be the case in a general scenario, but in this particular instance, there's some other circumstances that would have to be taken into consideration and given the time parameters. Commissioner Plummer: I'll wait till he... Mr. Jones: But I'll let the Clerk address that. Commissioner Plummer: I'll wait till he finishes. 3 June 12,1996 e11: \ Mr. Jones: Commissioner, the only other point that I wanted to raise, the question, of course, came up as to whether one of you or one of you as the remaining Commissioners, decided to run for the mayoral Commissioner seat, and whether you, as a sitting Commissioner, could vote for yourselves, and, of course, the opinion that I have given is that it would constitute a voting conflict under Section 112-31-43 Florida Statutes. The test there being that it would be a voting conflict if there is anything that inures to special private gain. Out of an abundance of caution, I did make inquiry with the staff Council of the Commission on Ethics, and they, too, were of the opinion that because the mayoral position - the compensation is set by Charter - is twenty-five hundred dollars ($2,500) more, the individual Commissioner who may decide to run for that particular seat would not be in a position to vote for himself. In terms of the actual deadlines and getting into the scenario that Commissioner Plummer raised, I'll defer to the Clerk, who has prepared not only a memo, but suggested scenarios in terms of election date qualifying period, and the like. Vice Mayor Oort: Thank you, Quinn. City Clerk, Walter? Mr. Walter Foeman (City Clerk): Members of the Commission, I have forwarded to you a memorandum that addressed certain election scenarios. Before a special election can be held, going on the assumption that no appointment is made by the 14th, there have to be several steps involved. Number one, the Commission would have to call a special election and set a date. But before they set that date, under State law, we would have to get approval from the Supervisor of Elections for Dade County as to the availability of the books. After that, then the first day of the window for the 30 to 45-day period would begin to kick in. In connection with specific activities, the Commission would have to set a qualifying deadline in the scenario for a special election. Commissioner Dawkins: Qualifying deadline? Mr. Foeman: Or a registration period, however you want to... Commissioner Dawkins: OK. A registration or qualifying. Mr. Foeman: Yes. You have that discretion to set what exactly that period would be. Commissioner Dawkins: But the City of Miami does not have a qualifying period. Mr. Foeman: In the special election, I think the Commission has the discretion to set what that is. Commissioner Dawkins: Mr. Clerk, does the Charter of the City of Miami say that the City of Miami has a qualifying time for elections? Mr. Foeman: No. Commissioner Dawkins: Thank you. Mr. Foeman: We have a qualifying deadline. We don't have a beginning period. Commissioner Dawkins: Well, we got a deadline. Mr. Foeman: Either... Commissioner Plummer: Commissioner Dawkins. InW June 12, 1996 Commissioner Dawkins: Yes, sir, Mr. Plummer. Commissioner Plummer: Prior to the start of the meeting, I had a conversation with Mr. Leahy, and I asked him what, in his opinion, would be reasonable for a qualifying deadline. And in his opinion, ten days was adequate. Commissioner Dawkins: But the only problem I have, Commissioner Plummer, is in the terminology, it's ten days to register to run. It's not ten days to qualify to run. Commissioner Plummer: No. My understanding of my question to him, "What is the final day that anyone who wishes to seek the office could qualify?" And I said, "What is a reasonable amount?" because he has to have time to prepare the ballots and get everything ready. His answer was ten days was reasonable, that he could do what he needed to do. Commissioner Dawkins: Thank you, Mr. Plummer. Commissioner Carollo: Let me try to shed some light into this issue, Commissioners. State law is what we would have to follow on this. And as I understand it, State law specifies that the City of Miami has to advertise twice before, or ten days, rather, before the end of the deadline to qualify. Mr. Foeman: Let me clarify that, Commissioner. Commissioner Carollo: So you would have to have sufficient time beforehand. And then after the last time that the City advertises, then you have to have at least ten days before you close up the qualifying deadline. So you're going to need more than ten days. Mr. Foeman: I'd just like to clarify that for a second. The State law, Florida Statute 100.141, says that it has to be at least ten days prior to the qualifying deadline. Commissioner Plummer: Yeah, that's fine. Mr. Foeman: And for the resign to run scenario, it would have to be ten days... It says ten days prior to the beginning, but since the City of Miami doesn't have a beginning - it has a qualifying deadline for resign to run purposes - it would have to be ten days prior to the beginning of the qualifying deadline. Commissioner Carollo: The bottom line is that you need more than ten days, because the City Clerk is going to have to do the advertising, get space in the paper. So conceivably, you could have a deadline of, say, 15 days or so. But you're going to need more than ten days, because of State law. Commissioner Plummer: Does the law pertain to how much distance between the two advertisements? Commissioner Carollo: No. Mr. Foeman: No, it doesn't. It just says twice, with a period of at least ten days prior to the qualifying deadline. Commissioner Plummer: OK. So if the election, as I've been told, the last day, by the City Attorney, would be the 29th, then the last day would be the 19th that would be the final date to qualify, which would be the ads - both ads - would have to appear prior to that date. 5 June 12, 1996 a+, Mr. Foeman: Yes. Commissioner Plummer: OK. Mr. Foeman: Both ads would appear ten days prior to the end of the qualifying deadline. Commissioner Plummer: Fine. Proceed. Mr. Foeman: In addition to the resign to run notice requirement, there is also a reporting requirement, which is pretty much stipulated in the State law - 106.107 addresses the reporting requirements. In a 30-day scenario, if we were to have an election, the reporting period would be on the 18th day preceding and the 14th day preceding report, expense reports of contributions and expenditures. Commissioner Plummer: Here we go again. Mr. Foeman: That's given the special election scenario. Commissioner Gort had asked me to provide him with a timetable in terms of the feasibility of combining two elections, and I'm prepared to go through what that scenario would represent, if you want me to, and... Commissioner Plummer: Well, say what a combined... There's a lot of people here who don't realize what a combined election means. Mr. Foeman: OK. Going on the assumption that there is a member of the Commission who may be desirous of running for the mayoral seat... Commissioner Plummer: One or more? Mr. Foeman: One or more. ... that we could, in fact, do that. We could... There are certain dates that we do know. The 45th day of the first vacancy would still be July 29th. But we can, in fact, set a qualifying deadline on the 27th of June and that would allow us to meet, at earliest, our advertising requirements. At least the first ad could be placed on the 16th and the second ad could, in fact, be placed on the 17th in that scenario. And once the end of the first qualifying deadline is established, the window for the first... the second vacancy could kick in on the 28th of June. That would give us approximately to the 9th day of July for the last day of qualifying for the second vacancy. So from the 9th until the 27th, which would be the earliest of the 30-day window for the second vacancy, we could have an election for both the mayoral and the Commission seat, either on the 27th, 28th or 29th. That would give us a three-day window where both elections could be held. Commissioner Plummer: Excuse me. What you're saying is that a vacancy, in effect, could be created by a letter of resignation? Mr. Foeman: Yes. The Division of Election has opined in the past that at the point the letter is tendered, it would create a vacancy, the effective date of which could be at the time the person is elected to office, either the successor to the position that they seek is elected to office. So... Commissioner Plummer: Under that scenario, can we appoint? Mr. Foeman: Can you appoint what? Commissioner Plummer: In other words, if he's definitely resigning, can we appoint? n June 12, 1996 Mr. Foeman: Can you appoint prior to setting the... Commissioner Plummer: Yeah. Yeah. 1 Commissioner Dawkins: What Commissioner... Mr. Foeman: Well, I'm not the City Attorney but... Commissioner Dawkins: I think... OK. I think what Commissioner Plummer is saying - and if I'm in error, he'll correct me - is that now, we're discussing filling one vacancy. Now, in the event that another vacancy occurs, then the same rules must apply. You have to go through the same Section 12 for filling that vacancy, and if so, then I think what he's asking is, do you... Do we have the ability to appoint then, or is it all, because you went to a special election, is it all now a special election? Is that what you're asking? Commissioner Plummer: That's the question I'm asking. I�I Vice Mayor Gort: I think the question is to the Attorney. Since the resignation would not take I place until the day of the election, can you still have an appointment? Mr. Jones: Well, you could make... Vice Mayor Gort: Because maybe the Commissioners have... appoint someone to be effective on the same day of the resignation. Mr. Jones: Well, you couldn't make an appointment until the... You couldn't make... You could not make an appointment because the particular position would not be vacant until the resignation is effective. So that, therein, is the dilemma. Commissioner Plummer: OK. Hey, there's a lot of scenarios. Vice Mayor Gort: OK. Is there anything else, Walter? Mr. Foeman: Well, the cost factors involved in the scenarios. If we were to combine both elections, we're looking at a hundred thousand dollars ($100,000) as a stand-alone election on a non -State general election issue or non -first or second primary, County primary issue. That would run roughly about a hundred thousand dollars ($100,000), plus advertising costs of approximately about eighteen thousand ($18,000). However, if we were to piggyback on a Countywide issue... If we were to piggyback on a County election - let's say the first or second primary - we're looking at two thousand dollars ($2,000) for the conduct of the election, plus another eighteen thousand dollars ($18,000) for advertising. And in a scenario whereby we would... we could have one election for the filling of the vacancy in July, for the mayoral seat, we would be looking at, again, a hundred thousand ($100,000), plus advertising cost. Commissioner Dawkins: So... Vice Mayor Gort: Thank you, Walter. Commissioner Dawkins: Mr. Mayor. Vice Mayor Gort: Yes, sir. Commissioner Dawkins: Mr. Foeman, are you saying that your second scenario would cost twenty thousand dollars ($20,000)? 7 June 12, 1996 r Mr. Foeman: Twenty thousand dollars ($20,000) if it's a special election during, let's say, September 3rd, the first primary. Commissioner Dawkins: OK. Mr. Foeman: But if... Commissioner Dawkins: OK, it cost twenty thousand dollars ($20,000)? Mr. Foeman: Yes. Commissioner Dawkins: But in that scenario, would it be possible to have a runoff, or would you get out clear? Mr. Foeman: If it's on a State general election, there could be a runoff... Commissioner Dawkins: And if there was a runoff, what would the cost be? Mr. Foeman: The cost would be again a hundred thousand dollars ($100,000) plus the eighteen thousand ($18,000). Commissioner Dawkins: So a hundred... So it would be a hundred and twenty thousand dollars ($120,000), right? Mr. Foeman: It would be roughly about a hundred eighteen, twenty thousand ($118,000 - $120,000). Commissioner Dawkins: And if you go the route of a special election, what are you looking at? How much? Mr. Foeman: If you go the route of a special election, you're looking at a hundred thousand dollars ($100,000) plus eighteen thousand ($18,000). Commissioner Dawkins: So therefore, you're not saving any money, when you come out and say that the first one will cost you twenty thousand ($20,000). You're not saving money. You're just throwing that out as a figure. Mr. Foeman: No, you can... Commissioner Dawkins: It still would be the same amount of money. C Mr. Foeman: Right. If you're going to do two elections, you're talking about the same amount. Commissioner Dawkins: Thank you. Thank you. Commissioner Plummer: Rather than a combined. Vice Mayor Gort: Yeah. Commissioner Dawkins: Thank you. I Vice Mayor Gort: OK. Thank you. I think it's clear what the choices are to be made here today. If we decide to have someone... I think we're all for elections. I think we want the 0 June 12, 1996 public to elect the next Mayor of the City of Miami. I think the differences that we're talking about is, do we elect him within 30 days, or do we elect him within four and a half months? And the choices are there. If we appoint someone, then we get four and a half months for the election. It would be a general election, and we believe there would be a high turnout. Or if we don't come to an agreement, then we'll have to have the special election. It would be no less than 30 days, no more than 45 days, and it would be a lower turnout. I think that's what is in front of us so... Commissioner Plummer: Absolutely. Vice Mayor Gort: Is there any other discussion from the Commissioners? Commissioner Plummer: I will open up discussion. I have served in this capacity for 26 years, and at no time during that 26 years or my recollection prior to that was there ever the need to spend a hundred thousand dollars ($100,000) for a special election. There's a lot of egos involved. There's a lot of things that are involved. But somehow or another, the Commission was always able to do what they were elected to do, and that's to make a decision. I have said, and I will continue to say that I'll vote for anything today but a special election. We have until Friday at midnight, in my estimation, to try and select someone to serve as the caretaker for this City until November, in which an orderly process could take place. A special election, in my estimation, would be crazy. It would be wild. It would be tantamount, in my estimation, to a circus. I think it is only fair to realize that we are only talking about, really, in fact, four months, total, of which one month, we don't even meet - the month of August - so we're looking for someone to be in that capacity, really and truthfully, for six meetings or three months. I have a list of names which may or may not be acceptable to other members of this Commission, but as far as I'm concerned, I'm going to make every effort that I can between now and midnight Friday to try and come about a reasonable process. And then on Friday, at midnight, without question, Commissioner Dawkins, if that is not possible, I will vote automatically for a special election, but I'll do it begrudgingly. Vice Mayor Gort: Commissioner. Commissioner Carollo: One of the things that I think we finally have to clear up is this notion that if we have what is called in the Charter a special election, which is nothing more than what is mandated by our laws, if we do not choose someone in ten days, that it is going to be more costly than if we appoint someone. That is absolutely not so. If you appoint someone today, that person will have to run in the general election of November of this year, the presidential election. That will cost us twenty thousand dollars ($20,000) for that election. True, that election has more of a turnout. But that's not the election that's going to determine, then, the next Mayor. It would be a runoff election, which would be an additional cost of a hundred and eighteen thousand dollars ($118,000) a week later, where you're going to have the lowest turnout of any of the possible scenarios in elections that we could bring up before you here today. At the same time, if we choose the route of having the special election, like our law in the Charter mandates, if we do not choose someone in ten days, it will cost us the same one hundred and eighteen thousand ($118,000) that we're going to have to spend in a runoff election by itself, after the presidential election. So either way we go, we're going to be spending that hundred and eighteen thousand dollars ($118,000) plus twenty thousand ($20,000) to piggyback to another election. Now, if any one member of this Commission, or more, or all four members of this Commission, or three, or two, or one decide that they want to run for Mayor, this Commission, as the Clerk explained, could try - even though I think it would be very difficult - to have both elections together. However, since, according to our Charter, the law of this City, anyone that runs for the position of Mayor from this Commission does not have to resign until midnight of that election, then whoever is elected Mayor the following day, with the rest of the Commission, can decide on choosing another election date, which could be - and it would fall within the 45 G] June 12, 1996 .ti days that our Charter specifies - on the September 3rd election, and that would be a cost of twenty thousand dollars ($20,000). Either way, for either appointing someone now or having an election, special election now, the cost would be the same. Where the difference comes in is that if you appoint someone, you will then have the additional cost of stationery, paper, signs and everything for someone that's only going to be in office for approximately five months. The truth of the matter is that what should not be at issue is spending a hundred thousand dollars ($100,000), a hundred and eighteen thousand dollars ($118,000) in an election. The bottom line is that democracy has got no price. You know, there are many countries in the world today left that save plenty of money not having elections. That's because they have dictatorships. An argument was made that it should be held on the general election of November because you will have a greater turnout. Yes, you will have a greater turnout in that election, but then in the runoff election, like you will have... And all you have to do is took at the last several decades, and you will see that every time there has been an empty seat, there has been a runoff. So in that runoff election, where it would be by itself, you would have the lowest turnout of any of the possible election scenarios that we can discuss. At the same time, the cost to the City in having an interim Mayor, that everyone knows is going to be there for a very short period, the cost, and confusion and concerns, the crises that it would create, I don't think you could put a price tag in that. I have stated publicly that my position is to have an election. I have always felt that no matter what position it is up here, if there is a vacancy, the people that should decide are the voters of Miami, not a handful of people that will try to place their opinion - their pressure, if I may - upon any of us to choose who will be best beneficial for their business up here on a temporary basis or on a longer basis. My colleague, Commissioner Plummer, stated that if we have an election now, it is going to be wild, it would be a circus. I submit to him that if we appoint someone, that's what's going to be wild, that's what's going to make it a circus, because everyone knows that that's going to be an individual that's going to be here on a very permanent basis - temporary basis - less than five months. And that, in my opinion, would create the confusion, it would make things wild. It would, indeed, make things a circus. Having said that, after the rest of my colleagues give their opinions, then I will be ready to make a motion for a special election, if it's appropriate, Mr. Vice Mayor. Commissioner Plummer: I£ I may... Vice Mayor Gort: Thank you, Commissioner Carollo. Commissioner Plummer. Commissioner Plummer: If I may just answer Commissioner Carollo. Joe, there are a couple of scenarios that don't hold water in what you have drawn. Number one, it doesn't preclude in November, when a Mayor is elected, that this Commission cannot, once again, make that selection. It doesn't preclude the fact that maybe no one of the Commissioners would run. So there are other scenarios. It's not an absolute that there would have to be a special election at any time. So that's only the point I was trying to make. Commissioner Carollo: Well, obviously, Commissioner, it's been made clear here from day one that the Charter gives ten days for this Commission to choose a replacement for any vacancies up here. Commissioner Plummer: Correct. Commissioner Carollo: But the bottom line is that it still stands that whether we choose someone for a five -month period today, or we decide to have an election, the election cost would be the same. But there would be additional cost, financial and otherwise, that we would be bearing, if we appoint someone today. So the bottom line line is that if you Iook at it strictly on a monetary basis, it would be a lot more expensive for us to appoint someone than to have an election. But as I said, you should never measure democracy by a dollar bill. Democracy shouldn't have a price. 10 June 12,1996 Commissioner Plummer: Agreed. Vice Mayor Gort: Thank you. Commissioner Dawkins. Commissioner Dawkins: I disagree with a lot that's been said... Commissioner Plummer: Everybody. Commissioner Dawkins: ... and I agree with a lot that has been said. I Commissioner Plummer: I remember Claude Pepper said he would agree... He's with some of these friends and some of those friends, but he's always with his friends. i Commissioner Dawkins: The City, since Commissioner Plummer came here, the makeup of the City has changed tremendously. The makeup of the City has changed since I got here. Therefore, in my opinion, it is unfair to sit here and say that I am going to be governed by what happened in the previous years, and not try to adjust to the changes that have been brought about in the City of Miami. The people should vote. I disagree that there will be a low turnout. If there is a low turnout, it's because it would be the same low turnout for the presidential election. The people in the City of Miami who vote, they go and vote because they're interested in voting and they care about voting, whether it's for the presidential election, whether it's a bond issue, or whatever it is. So I have to strongly disagree, when you tell me that when I call a special election, there's going to be a low turnout because nobody is interested, that there would be a larger turnout for the presidential election. Yes. But, there is no guarantee that the number of voters participating in the presidential election will be any greater for the presidential election in the City of Miami than the ones who are voting now. The citizens in the City of Miami have ! become complacent. They, in my opinion, do not have faith and confidence in their elected I officials. They say, "We're going to do what we want to do," and we're going to give them a clear choice. I feel that anyone who has talked with me - and I've been approached by many people, and I appreciate your concerns and your talks - but each one had the same bottom line, and that is, "Miller, what are we doing to do for the welfare and the benefit of the City of Miami, everything else being secondary?" Whether we appoint someone - which I will not vote to appoint anyone, but that's neither here nor there - or whether we go to a special election, I would hope that when the next five members of this Commission come to their first meeting, we will say, "We now have a Commission of vision," and there will be some visionary thing, like a Maurice Ferre did, and that we, this Commission, will turn the City of Miami upward bound with whatever has to be done. Thank you. Vice Mayor Gort: Thank you, sir. I think from the beginning, we discussed that economics is not the name of the game. The one thing I want to clarify, we're following the Charter on whatever decision that we make, any decision that we make. At the same time, I have always felt that the more time the people have prepared to run for an office, the more qualified candidates that we get. That's what democracy is all about, that's what free enterprise is all about - competition. My feeling is, I don't think that economics has anything to do with it. I think it's to give the greater opportunity to individuals to see if they would like to run for Mayor. And I believe that in the 30-day time span, there would be very few people that would want to qualify, because there's not enough time to prepare themselves, to raise the money to go through an election. That's one of the reasons that I would like to see, if possible, that this Commission would come to an agreement, and maybe we can think of someone that we can appoint in the interim. There's a lot of individuals in this community that are willing to serve for four and a half months, that are very well qualified, and this is the one thing we have to look for, and see if we all agree on one of those individuals, non -political, non -committed, that's agreed to by all of us. I think all that we're talking about is... And I want to make this very, very clear. I think 11 June 12, 1996 every one of us believes in democracy, believes in the system, and that's why we're here, because we were elected by the same system. So we agree with that. I think the only discussion we're having today is, do we have an election in 30 days, or do we have an election in four and a half months, to give an opportunity to more individuals to go for it, to create the competition? That's what democracy and the American dream is all about - competition. That's what makes us better. That's what makes us the best country in the world. So for that reason, I would agree with J.L. I would like to see if we could come up with a name that we all agree to. And let me tell you, you're right. We're going to have a presidential election. There will be a runoff. There will be a large turnout in the primary. But at least that large turnout, I'm sure, would select the two top individuals. And then in the runoff, there probably... You're right. There probably would be a very low turnout. But at least we'd have the two individuals there competing for it. I would like to give it a try and see. If we don't think we can come to an agreement today, then postpone this and come back on Friday again, and then on Friday, we'll make a decision. If we have not come to an agreement of an individual that we think all of us can support, then I will vote for the special election. Commissioner Carollo: Mr. Vice Mayor. Vice Mayor Gort: Yes. Commissioner Carollo: I think that, if anything, what we need to do is bring this to a conclusion today, one way or another. The more that we're prolonging this, the worse that it is for this City, the more uncertainty that you will create. If there are three votes here to name anyone, then so be it. Let it happen today. If there are not, then let's have an election. Vice Mayor Gort: Commissioner Carollo, I'm glad you brought that point up. And this is another thing that I'd like to clarify to the citizens and the people in here, and to ourselves. We have a system within the City of Miami where we have an Administration. We, as the policymakers, we have set policies, we have voted for those policies. No matter what we do here, I think it's certain, whether or not I'll be there, I think our employees will continue to perform. They have performed well. They've done well, and I believe they will continue to do so. They have that mandate. I would like to, Commissioner Carollo, to give it one more try, and who knows, maybe a name will come out that all of us can be in favor of. At this time, I think I see it deadlocked, and you can make a motion, if you wish to, but I don't see anything passing. Commissioner Carollo: Well, having said that, I would like to take the opportunity, then, to make a motion that this Commission hold a special election, as prescribed by our Charter, in no less than 30 days and no more than 45 days. Vice Mayor Gort: OK. Thank you. Is there a second? Is there a second? Being no second, it dies for the lack of a second. Commissioner Dawkins: Let me make a statement. I did not second the motion, because I feel that two members of this Commission have the right - because we always respect each other's rights - to attempt to find a third vote. I will not change my vote, one way or the other. I am going to vote for a special election. But if two members of this Commission decide that they want to extend the time, and we reconvene Friday morning to make a decision, then I would have to go along with those two, if such a motion was made. Vice Mayor Gort: Thank you, sir. Commissioner Plummer: Commissioner, would you be agreeable to Friday at six p.m.? Is that possible? 12 June 12, 1996 Commissioner Dawkins: Friday at six p.m.? I have no problem. Friday at six a.m. Commissioner Plummer: What I... No, no, that's not acceptable. Commissioner Carollo: He's sleeping at that hour. Commissioner Plummer: You merchant mariners are up at four a.m. in the morning. Commissioner Carollo: He'll react better at six in the morning than at six at night. Commissioner Plummer: Yeah, there you go. Commissioner Carollo: It would be closer to your bedtime. ?. Commissioner Dawkins: I'm open to any time that... Commissioner Plummer: OK. I would make a motion at this time that this Commission reconvene on Friday at six p.m. I can tell you that in the interim, I will surrender to this Commission no less than 12 names who are acceptable to me, and possibly might be acceptable to three votes on this Commission. My motion, if you wish, would also carry the following: That barring that, that the special election be called for the 29th of July, and that the qualifying date... What was it, Walter? The 19th? Mr. Foeman: The 19th. Commissioner Plummer: That the... July the 19th be the deadline for qualifying, so there would be no misunderstanding as to the automatic, as to not being able to come about with a decision on Friday at six. Mr. Vice Mayor, I offer that motion, if it's in order. Vice Mayor Gort: OK. There's a motion. Is there a second? Commissioner Carollo: There's a second for the purpose of discussion. Commissioner Dawkins: Under... OK. Go ahead, Joe. Vice Mayor Gort: It's been moved and seconded. Discussion. Commissioner Carollo: J.L., we have David Leahy here, and I'm glad that Walter asked him to come. Maybe he should address this Commission on the 29th, on the date that you mentioned was the last day. Commissioner Plummer: Oh, I... If it's a different day... Commissioner Carollo: Because that comes on a Monday, and I don't know what extra cost that might bring, or what extra problems that might bring to him. Commissioner Plummer: I talked to him. I talked to him before the meeting, and I thought that was agreeable. Commissioner Carollo: I haven't, so I don't know. Commissioner Plummer: And if it's not, then, please. Vice Mayor Gort: Excuse me. Wait a minute. Commissioner Dawkins, you had a question? 13 June 12, 1996 Commissioner Dawkins: Yeah. Also, Mr. Leahy, if you would speak to the availability of the books, so that when we come back Friday, we know that the books are available, or whatever they're talking about, and that it is a go, and these are the steps we have to go through to do it. If you would do that, I'd appreciate it, sir. Mr. David Leahy: Commissioners, the books would be available any time during that 30 to 45- day period, that window, so you don't have a problem of calling an election any time during that 30 to 45-day window, from my perspective. We could run the election any day that you wish to call it. Traditionally, elections are held on Tuesday, though we have, in the past, run elections on Thursday, where they have been in conflict with religious holidays. Mondays are probably a little more difficult than Tuesday because some of the voting equipment cannot be delivered over the weekend. We use some churches, and some churches will not allow us to deliver on the weekend, so we have to wait till Monday. However, if it's the decision of this... Commissioner Plummer: How about the 26th? Mr. Leahy: Commission to run the election on the 29th, we could do so. Commissioner Plummer: How about the 26th? Would that be a better date? That's the Friday before. Vice Mayor Gort: Let me ask you a question. My understanding is we made a decision to... The election to be held in '97 would be on a Thursday? Commissioner Carollo: On the '97 election, Mr. Leahy could best describe that. What happens is that that Tuesday... Vice Mayor Gort: Right, it's a holiday. Commissioner Carollo: ... it's a holiday. And that's the first time... Vice Mayor Gort: Right. Commissioner Carollo: ... that it's going to be done that way, because that was a holiday. Vice Mayor Gort: Well, my understanding is we did vote to have it on that Thursday, and maybe it would be better off also to have this one on a Thursday, so people would get used to it. Commissioner Carollo: You might have a good point there, Mr. Vice Mayor. Commissioner Plummer: But we got a Commission meeting on that date. Vice Mayor Gort: We do? Commissioner Plummer: Yeah, on the 25th. Vice Mayor Gort: Well, we could always postpone the Commission meeting. That's no problem. Commissioner Carollo: Yeah. Vice Mayor Gort: What's the wish of this Commission on the date? I think Monday is a bad date. 14 June 12,1996 j. Commissioner Carollo: We could choose that Thursday, the 25th, or if you'd like, choose the... Vice Mayor Gort: Friday, the 26th. Commissioner Carollo: ... last Tuesday, which is Tuesday, the 23rd, if that is easier for the Elections Department. Commissioner Plummer: I'll include in my motion, Joe, the 26th. I think that gives him plenty of time to get the stuff out. Commissioner Carollo: The 25th, you mentioned, Mr. Vice Mayor, to get people used to Thursdays. Commissioner Plummer: You want the 25th? i Commissioner Carollo: Do you have a preference for that? Commissioner Plummer: Fine. Vice Mayor Gort: The 25th. 1 Commissioner Plummer: The 25th is acceptable. Vice Mayor Gort: OK? Commissioner Plummer: Yeah. And then the final day for qualifying would be the 15th. Commissioner Carollo: OK. When you say... You said before the 19th, I think. Now you're... Commissioner Plummer: Well, but that was based on the 29th. Commissioner Carollo: OK. Commissioner Plummer: Now, we're going to the 25th, so it would be ten days before that. Commissioner Carollo: The 15th of... Commissioner Plummer: July. Commissioner Carollo: ... July. Mr. Jones: Mr. Vice Mayor, are you formally setting the date for the 25th? If so... Commissioner Plummer: If... Vice Mayor Gort: If we do not come to an agreement, my understanding... Commissioner Plummer: If we do not come to an agreement... Vice Mayor Gort: ... was that this would be the date set for this special election. Commissioner Carollo: Let's go over your motion again, J.L. 15 June 12, 1996 Commissioner Carollo: Make sure that it is fully understood by every member here. i Commissioner Plummer: My motion simply states that we are reconvening this meeting on the special call for Friday at six p.m. If, in fact, at that time, we are then unable to make a decision on a replacement, that automatically, the special election would be called on for July the 25th, and a qualifying deadline would be July the 15th. Commissioner Carollo: Is that all right with you, Commissioner? Commissioner Dawkins: That's fine. I mean... Commissioner Carollo: OK. Mr. Vice Mayor? Vice Mayor Gort: I don't have any problem. That's fine with me. I Commissioner Carollo: OK. That's the motion that I have seconded. Vice Mayor Gort: Right, Commissioner Carollo: Still under discussion. I second the motion, but I want to make my feelings absolutely clear. I will come to that meeting for the purpose of choosing and ratifying the motion that we have before us today. I will not come to that meeting, Commissioners, to be playing the merry go round of having one name after another presented before us so that then it could be said that this Commissioner, that Commissioner voted against someone that's Cuban, voted against a Puerto Rican, voted against a Black, voted against an Anglo. That's the one thing that I will not participate in. So having said that, I'm ready to vote. Commissioner Plummer: Joe, that... Vice Mayor Gort: Excuse me, excuse me. Commissioner Dawkins. Commissioner Dawkins: You know, I don't think, Joe, that that's what was said. I think Plummer said that he had a list of names... Commissioner Carollo: I understand that. Commissioner Dawkins: ... that he would submit to each of us in the hopes... Commissioner Plummer: Wait, wait a minute. I'm being told... What? I can't do it? Commissioner Dawkins: What? What? ` Mr. Jones: That violates the Sunshine. It has to be in the sunshine. Commissioner Dawkins: He can't send a memo to us and ask... Mr. Jones: No. Commissioner Dawkins: A memo to us violates the Sunshine Law? Mr. Jones: No. No. It has to be in the sunshine. 16 June 12, 1996 Commissioner Dawkins: Sir? The memo is in the sunshine. Mr. Jones: No, it's not. I i Commissioner Plummer: That's a public record. Commissioner Dawkins: A memo is not in the sunshine, Mr. Mayor? Commissioner Plummer: It's a public record. Vice Mayor Gort: Excuse me, excuse me. Commissioner Dawkins: It's a public record. Mr. Jones: It involves something that you're... coming before you as a body that you're going to vote on. That's why it has to be done here in... before the public. Commissioner Dawkins: OK. All right. Well, then, can J.L. Plummer put the names in the New Times and we read it? Is that a violation of the Sunshine Law? Commissioner Plummer: Nobody reads the New Times. Commissioner Carollo: Please don't place an ad, though. It will cost us more money. Commissioner Dawkins: OK. So we have to come back here to discuss the names that are proffered on Friday. Commissioner Plummer: It makes no sense. Mr. Jones: It may not make any sense, but I'm just telling you what will be a sunshine violation. Commissioner Plummer: Well, now, so that I don't get into trouble... Mr. Jones: OK. Commissioner Plummer: If I walk out this door and I give to Joann Cavanaugh, the reporter for the Miami Herald, the list of the 12 names that I have in my pocket now... Mr. Jones: That's OK, because you're not... Commissioner Plummer: That's OK. Vice Mayor Gort: Right. Mr. Jones: You're not communicating with a Commissioner. Commissioner Dawkins: Well, don't leave out Michael Putney. He's got to give them to him, too, now. Just don't give them to Joann. Commissioner Plummer: You know, the Sunshine Law is really the moonshine. I mean, it's ludicrous. Commissioner Dawkins: OK. So you're going to give the names... I will be able to see the names in the Herald or on Channel 10 this afternoon. 17 June 12, 1996 Commissioner Plummer: I hope it's not like this morning's article... Commissioner Carollo: Or Channel 6, or 23, or 51, or 4, or 7. Commissioner Plummer: I hope its not like... Vice Mayor Gort: Diario, New Times, in other words. Commissioner Plummer: This morning's article conveniently was placed next to the obituaries. I don't know if that was for my benefit or... Vice Mayor Gort: OK. On discussion of the motion, have you finished, Commissioner Dawkins? Vice Mayor Gort: You finished? Commissioner Dawkins: Yes, sir, Mr. Mayor. Vice Mayor Gort: Is there any other discussion... Commissioner Carollo: I call the... Commissioner Plummer: If I may. Commissioner Carollo: I call the question. Vice Mayor Gort: Let me tell you something. This is something I would like to clarify. People are making a crisis out of this. I think this Commission should continue to conduct business the way it should. At the same time, I'd like to assure one more time that the Administration that we have and the system that we have, the City will continue to function and will continue to improve. At the same time, Joe, I'm like you. I do not want to come here and play with names. I just want to give some additional time to all to think about it. Who knows, you might change your mind. You might find someone you think could do it and give an extension. Commissioner Plummer: It's happened before. Vice Mayor Gort: OK? Commissioner Carollo: Well, Commissioner, let me say this to you. i Commissioner Dawkins: Please do not expect me to change my mind. Commissioner Carollo: Mother Teresa of Calcutta is not registered to vote in the City of Miami, and that's about the only person that I think that I might consider, because I know she would not be predestined in any opinions, one way or another. Commissioner Plummer: Do you have her number, Mr. Manager? Vice Mayor Gort: Well, my understanding is the Catholic Church has got a home in the City of Miami, so that might qualify. OK. All in favor... Commissioner Plummer: I just... Just on the record, Joe, I want you to know that this Commissioner will not be doing that which you were concerned about. June 12, 1996 e Commissioner Carollo: Thank you, Commissioner. Commissioner Plummer: I could have done it today. I did not do it today. I will not do it today. And that's why I said I would do it in a memo form, not to embarrass anybody. Commissioner Carollo: Well, Commissioners, I think there is one thing that all four of us have shown in past meetings that all four of us were together, when Mayor Clark was not able to attend, was that we work together very well. We did it with respect for each other, with dignity, with decorum, and I am sure that that is the way that all four of us will be working in the future. Vice Mayor Gort: I'm sure of that. OK. All in favor, state so by saying "aye." The Commission Collectively: Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: i' MOTION NO.96-378 A MOTION RECONVENING A SPECIAL COMMISSION MEETING HELD ON THIS DATE, FOR FRIDAY, JUNE 14, 1996, AT 6 P.M., FOR THE PURPOSES OF EITHER (1) NAMING AN INTERIM MAYOR TO FILL PRESENT VACANCY ;XISTING IN MAYORAL SEAT (TO SERVE UNTIL EITHER THE NEXT MUNICIPAL OR STATE GENERAL ELECTION, WHICHEVER COMES FIRST), )R IF A MAJORITY OF THE COMMISSION FAILS TO FILL SAID VACANCY WITHIN THE TEN DAYS ENDING ON THE ABOVE CITED DATE, THEN (2) THE ;OMMISSION SHALL CALL A SPECIAL ELECTION BY ORDINANCE) FOR THE 'URPOSE OF ELECTING A MAYOR FOR THE CITY OF MIAMI WHO SHALL ;ERVE FOR THE UNEXPIRED TERM ENDING IN NOVEMBER 1997; SAID ;LECTION IS PROPOSED TO BE HELD ON JULY 25, 1996; FURTHER 'ROPOSING TO SET JULY 15, 1996 AS THE DATE TO QUALIFY/REGISTER AS ;ANDIDATE FOR SAID ELECTION. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Vice Mayor Gort: Thank you all. See you on Friday. Commissioner Dawkins: Six o'clock Friday. Commissioner Plummer: Six o'clock. 19 June 12, 1996 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE SPECIAL MEETING WAS ADJOURNED AT 10:04 A.M. WIFREDO GORT VICE MAYOR 20 June 12, 1996