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HomeMy WebLinkAboutCC 1996-07-19 Minutes0 -I NCO" PREPARED 33Y VE OFFICE OF THE CITY ,CLERK CITY HALL WALTER FOEMAN CITY CLERK L►J ITEM SUBJECT NO. INDEX MINUTES OF SPECIAL MEETING July 19, 1996 LEGISLATION PAGE NO. 1. (A) EMERGENCY ORDINANCE RELATED TO ORDINANCE MUNICIPAL ELECTIONS -- AMEND CHAPTER 16 11381 OF CODE -- CLARIFY POWERS OF CITY CLERK 7/19/96 WHEN CHALLENGING QUALIFICATION CRITERIA OF CANDIDATES FOR CITY COMMISSION RACES. (B) COMMISSIONER DAWKINS INSTRUCTS CITY ATTORNEY TO SEEK COURT CLARIFICATION REGARDING VALIDITY OF CITY'S QUALIFYING CRITERIA BY NOVEMBER OR DECEMBER 1996. 2. AUTHORIZE CITY CLERK TO FORWARD M 96-540 COMPLETED APPLICATION AND RELATED 7/19/96 DOCUMEfT1.'ATION OF CANDIDATE JACQUELINE CHEDIAK TO STATE ATI'ORNEY'S OFFICE REGARDING THE MAYORAL ELECTION TO BE HELD ON JULY 23, 1996 -- FOR THAT OFFICE TO INVESTIGATE. 3. DIRECT CITY ATTORNEY AND CITY CLERK: -- DISCUSSION COMMISSION REQUESTS THAT THE CORRECT 7/19/96 ELECTION BALWr BE PRESENTED TO THE PUBLIC FOR THE MAYORAL ELECTION TO BE HELD ON JULY 23, 1996 -- FURTHER REQUEST THAT COURT ACTION BE SOUGHT IN ORDER TO ENSURE A PROPER BAI=. 1-9 10-12 13-14 MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 19th day of July, 1996, 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 4:32 p.m. by Vice Mayor Wifredo Gort with the following members of the Commission found to be present: ALSO PRESENT: Vice Mayor Wifredo Gort Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Cesar 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. ABSENT: Commissioner Joe Carollo NOTE FOR THE RECORD: Mayor Stephen P. Clark passed away on une 4, 1996. For the Special City Commission meeting of July 19, 1996, the Mayor's seat was vacant. -- ------------------------------------------------------------------------------------------------------------- 1. (A) EMERGENCY ORDINANCE RELATED TO MUNICIPAL ELECTIONS -- AMEND CHAPTER 16 OF CODE -- CLARIFY POWERS OF CITY CLERK WHEN CHALLENGING QUALIFICATION CRITERIA OF CANDIDATES FOR CITY COMMISSION RACES. (B) COMMISSIONER DAWKINS INSTRUCTS CITY ATTORNEY TO SEEK COURT CLARIFICATION REGARDING VALIDITY OF CITY'S QUALIFYING CRITERIA BY NOVEMBER OR DECEMBER 1996. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: ... for the election, and when they fulfill... fill out the papers for the address outside the City of Miami. My understanding was at the time that the City Clerk does not have the power to reject it. He had to accept the application, and that's why we are here today. Because if this is the case, what is going to happen in future elections, you're going to have all kinds of people filing, and then we have to take it to Court, and they're going to be on the ballots, and I don't think it would be good for us. Mr. Attorney. July 19, 1996 A. Quinn Jones, II1, Esq. (City Attorney): Yes Sir, Mr. Vice Mayor yes. Vice Mayor Gort: What can we do so that this would not have to go through the procedure going to court, and be on the ballot, that the people who fill out the papers? Commissioner Dawkins: Before he answers, may I, Mr. Vice Mayor, please? Vice Mayor Gort: Yes, sir. Commissioner Dawkins: Mr. City Clerk, isn't it written somewhere in the qualifying papers an individual must reside in the City of Miami six months prior to the election? Mr. Walter Foeman (City Clerk): Yes it is. Commissioner Dawkins: It is. Well what are we talking about then? I mean, you know, have laws. We don't enforce them and then we let people jerk us around. It's in the qualify packet is it not sir? Mr. Foeman: It's in the qualifying packet. Commissioner Dawkins: And it says that in order to qualify, you must reside in the Cit3 Miami for the last six months. Is that right? Mr. Foeman: It's in there. Commissioner Dawkins: So what is the meeting for, Mr. Mayor? Vice Mayor Gort: Well, when this happened, the next day, I had a meeting with the City Cl; and the City Clerk told me he did not have the power to reject this application. Mr. Foeman: That's true. Vice Mayor Gort: That he had to accept it. Commissioner Dawkins: It's automatically rejected. A. Quinn Jones, III, Esq. (City Attorney): No. Vice Mayor Gort: Well, that was not his interpretation. That's why we're having this mee to have the Attorney to explain it to us. Commissioner Plummer: Mr. Vice Mayor... Vice Mayor Gort: And maybe since J.L. has been here forever, he can tell us. Commissioner Plummer: I called him the very same day, because it was obvious to me th; one address was not in the City limits. I think, let him explain his position, as he did to me there is the hangup between the City and the County and the State. And I think that the Attorney has opined that we can do something here today that makes it extremely crystal that he has the power. And I think, real quick like, we can get out of here. Mr. Foeman: What happened is that under State law... And the opinions that I have rec from the Division of Elections state that the role of Clerk is ministerial and is limited to th N July 19 corners of the page, and that he can accept the paperwork, but he doesn't have the power to address any of the substantive parts. As long as the person who qualifies fills out the paperwork and submits them to an oath of office, that the only recourse is to have a challenge from a third party, or in the case of the County, where they empower the supervisor of elections, to take some kind of legal action. Commissioner Plummer: Mr. Vice Mayor... Vice Mayor Gort: OK. But let me ask you a question on that. Commissioner Plummer: Sure. i Vice Mayor Gort: Then the problem with the... When you said, "the four corners," what are the four corners? What are you looking at as the four corners? Mr. Foeman: It's the fact that they've completed their form, and all of those questions have been completed, and they've taken an oath to that effect. Vice Mayor Gort: But yet, you were able to reject the one with the check. Mr. Foeman: The check was not limited to the four corners of the page. That was something that was simply provided in State law prior to even the review of the qualifying paperwork. They had to have a campaign depository, and that was an expenditure which, in fact, was defined in the Election Code, and they needed to pay by check. Vice Mayor Gort: Commissioner Dawkins. Commissioner Dawkins: I am still at a loss. The package says in order to qualify, you must reside in the City of Miami within the last six months. If you have not resided in the City of Miami in the last six months, you are automatically disqualified. Now, why is it that we got a hassle, Mr. Clerk? Mr. Foeman: There are two issues there, Commissioner. One is the residency and the other is the voter address. And the procedure is always... Commissioner Dawkins: No, no. See, either... See, I'm at a loss, see. Either we have some rules and regulations that were adopted by the City of Miami, which says how you can qualify for the City of Miami... Commissioner Plummer: But they supersede us, period. Commissioner Dawkins: ... or we can have some people who, all they have to do is fill out some papers and say, you know, "This is it." Vice Mayor Gort: My understanding is the City Attorney came up with the resolution that will take care of this, to see that this does not happen anymore. Commissioner Dawkins: OK. All right. I'll yield to J.L. Plummer, and then I'll yield to the City Attorney. Commissioner Plummer: No, I... It was nothing. I just have what the City Attorney has here, and I was going to read it in the form of a motion, which he says will clarify this issue. Commissioner Dawkins: OK. Well, clear... 3 July 19, 1996 Vice Mayor Gort: Go right ahead. Commissioner Plummer: An Ordinance relating to municipal elections amending Charter 16 of the Code of the City of Miami, Florida, as amended, by adding provisions for the City Clerk to file actions in Circuit Court challenging candidates' qualifications, containing a repealer provision and a severability clause, providing for effective date. I so move. Commissioner Dawkins: Second, whatever that is. Vice Mayor Gort: Moved and second. Under discussion. Mr. Attorney, this gives the power to the... Mr. Jones: What this essentially does, Commissioner, is gives the Clerk the power to go in, without having to come to you for making a finding or whatever, if he determines that there has been some provision or some aspect of the qualification papers that hasn't been complied with. Essentially, this is so, because as it stands now, the Clerk is basically a ministerial position, which means he or she would have no discretion to do that. So under State Law, if, in fact, the Clerk were to make a determination or finding that there has been some aspect of the qualifying documents that haven't been complied with, under State Law, he is required to give reasonable notice to the candidate that there has been some error or omission, and that person has up until the qualifying deadline to make those corrections. Now, if those corrections haven't been made, then what is required after that is some judicial action, by virtue of the Attorney General's opinions that basically say that after the qualifying deadline, the only proper action is judicial action in which to get a person disqualified, or to get their name removed from the ballot. Commissioner Dawkins: Mr. Vice Mayor. Vice Mayor Gort: Yes, sir. Commissioner Dawkins: I'm going say it again in plain English. In order to qualify, you must reside in the City for the last six months. Now, why am I investing something in the City Clerk that's already the law? Why am I not going to Court to find out how this can be upheld, and this is the law, and that if you do this, you are in violation of qualifying, and you are automatically disqualified? Why do I have to go to the Clerk, and have the Clerk go to court, and have the Clerk go to a Judge, when I have it written as a law, and it's already on the books? How long has the City been incorporated? Since '96. Commissioner Plummer: Yeah. Vice Mayor Gort: A hundred years. Commissioner Dawkins: And this has been going this way since 1996 (sic), and now, I have to send the Clerk to a Judge for a Judge to tell him that he has to go back to another Judge, for another Judge to tell that Judge that it is wrong. I mean why can't we go the the Judge directly Mr. City Attorney? Mr. Jones: Commissioner, the way the Code is presently written... Commissioner Dawkins: Yes. Mr. Jones: ... you, the Commission, have to make a finding, pass a resolution, make a finding that this particular candidate or any candidate does not meet the qualifications for this particular election. Also, in that resolution, you would have to direct the City Clerk to take whatever the 0 July 19, 1996 appropriate action is. Now, what we have proposed here is that the City Clerk would be in a position, if he determines that the qualifications haven't been met, to go ahead and file and action immediately, without having to come before you for a resolution to direct him to go to court. Commissioner Dawkins: I'm at a loss Mr. City Attorney. What's the need to file anything, when it's in violation of what's right? I don't understand why... It says that you have to live in the City, you don't live in the City, you violated. Now, why do I have to go file something to show that you violated it? I mean I... Please explain it to me. I don't understand it. Mr. Jones: OK. This whole question arose... Commissioner Dawkins: No, no, no. Mr. Jones: OK. Commissioner Dawkins: Explain to me why, sir, that if it is written as a law that in order to qualify, you must reside in the City of Miami for the last six months... Mr. Jones: Commissioner, that's very... Commissioner Dawkins: ... and if you do not live there, why can't this Commission say that this is the law, it's clear; we send you to a Judge; you go present the City's case, and the Judge rules we are right, and anybody who does not meet this qualification, who does not live in the City can't qualify? Mr. Jones: That's exactly what I've just stated we have on the books now. Commissioner Dawkins: Well, why... But you're sending the Clerk, now. Mr. Jones: No. What I am saying to you, Commissioner, right now, you, the Commission, pursuant to our Code, is the only one that can make that decision. OK? Commissioner Dawkins: OK. All right. Well, tell me what I have to... All right. Does this make that decision? Mr. Jones: No. That's already on the books. Commissioner Dawkins: All right, then. Mr. Jones: What this proposes is that the City Clerk be given that authority to go to Court without having to come here to you. Commissioner Dawkins: No, no. I don't want to give the City Clerk no authority that rests with the City Commission. Now, the City Commission can go to Court on it's own and have a Judge rule that that is valid, that's the law, and that's it. Commissioner Plummer: Then, thank you. Let's go home. Commissioner Dawkins: OK. All right. Commissioner Plummer: Excuse me. I just have one question to ask. I guess maybe it's a stupid question, but if you don't know the answer it's not so stupid. You did, in fact, in one candidate, who did not have a check which to file, you did not let him qualify. How is this 5 July 19, 1996 different than that which you rejected, because the candidate did not comply with our Code or Charter? Vice Mayor Gort: Code. Commissioner Plummer: How is this different? Mr. Foeman: It was an expenditure, and he couldn't make an expenditure without having an account open, in the first instance. I wasn't reviewing his paperwork in that particular case. Commissioner Plummer: So Commissioner Dawkins has said he will not vote for this. Let's go home. Commissioner Dawkins: I'll vote for anything. The only thing... Yeah. Someday, somebody is going to give us some clearance here. You got something to say. Come on down, David. But all I am saying, I'll vote for this, but I don't see any sense in me giving the Clerk that which the Charter gives to the City Commission. Vice Mayor Gort: The reason is, they are trying to facilitate. They would have to come in front of us, and then we would have to tell him, go and file... Commissioner Dawkins: No, no. I'm not coming through. I do not feel that this Commission should advocate or give away its authority to the City Clerk. We have rules and regulations which say in order to qualify, you must live in the City for the last six months. Now, if for some reason, we are unable to enforce that, then I am in favor of passing this temporarily, if necessary, send the City Attorney to the courts, and find out why this is illegal, why it's not legal and what have you. Now... I don't know. Commissioner Plummer: Call the roll. Vice Mayor Gort: I understand what you are saying, and I agree with you. Right now, this is what we are told that we need to do at this time. Commissioner Dawkins: OK. But after... But we're going to come back at a later date... Vice Mayor Gort: I think you are right. I think we should come back, and if someone does not comply with a regulation, automatically, they should be disqualified. Commissioner Dawkins: Although this isn't a public meeting, we got a former Mayor, former City Clerk and a citizen who want to say something. Come up to the mike. Got to get on the record now, Dave. Vice Mayor Gort: Yeah, you got to come to the mike and state your name and address. Former Mayor David T. Kennedy: Dave Kennedy. What I would like to do is ask you to wait until... Oh Commissioner Carollo just came here, because there are certain things that haven't been covered that need to be covered about how do we cover up the names on the ballots and if they're... Vice Mayor Gort: Let's get this first one, and then we'll go on to this one. 6 July 19, 1996 NOTE FOR THE RECORD: At this point, Commissioner Carollo enters theComm! ssion amber. Commissioner Plummer: Yeah. That's a different question than here. The question we're... here... Mayor Kennedy: All right. But the Commissioner is here now, so I think it would be good if he would know what the motion is. Commissioner Dawkins: Commissioner Carollo... Commissioner Plummer: Did they give him a copy? Commissioner Dawkins: You got the copy of this? Yeah. Take your time and read it. Commissioner Dawkins: My question, Commissioner Carollo, is, the qualifying package has a statement in it which says you cannot qualify if you have not resided in the City of Miami for the last six months. Now, they are telling me that here is a lady who not only has not resided in the last six months, but does not live in the City, period. And we got to go send the Clerk to the court for a Judge to tell me that what I have written as law is valid. I mean... So I said I'll pass this if this is what it takes to clear up the present problem. But in November or December, I want the City Attorney to go to court and have a Judge say that these qualifying papers that have been in existence for ages is valid, and this is it. And that's where we are right now, Mr. Commissioner. Commissioner Carollo: I thank you, Commissioner. Basically, it's hard for me to understand how someone can sign their name to under oath, to a paper that states, a qualifying paper that states that they have resided in Miami for at least six months previously, before they file that paper to run. That they are registered to vote in a precinct that is in the City of Miami, and at the same time, put down an address that is in Westchester, that's out of the City of Miami limits, and give a precinct number that also is in Westchester, outside of the City of Miami limits. At the same time confirm that they have not been living at all in the City of Miami for the last 10 years or more, or whatever the time was. Commissioner Plummer: The problem Joe... Vice Mayor Gort: That's... Commissioner Plummer: We all agree. Vice Mayor Gort: Yeah. Commissioner Plummer: We all agree. But the Clerk has said that there is a bug between the City Charter and the State statutes that doesn't give him that right to challenge, and that's why we are here, to put this in, and this, supposedly, according to the City Attorney, will rectify that situation. Commissioner Carollo: Well, will the Clerk to then take action... Commissioner Plummer: Yes... 7 July 19, 1996 Commissioner Carollo: ... or will the City have to go to Court? Commissioner Plummer: It gives him the right to go to Court. He can do the challenge. Commissioner Carollo: OK. Vice Mayor Gort: What we are trying to do temporarily, and Commissioner Dawkins expressed this, we want to pass this, but we want to ask the City Attorney to look at other ways to automatically , if a person does not comply with the regulation, to be disqualified. So we need to pass this now, and then Commissioner Dawkins requested that the Law Department look further into it and see what it needs to do in the court or wherever, so that in the future, if the persons do not comply with the documentation, they automatically could be excluded, and not accepted. Commissioner Plummer: The only difference now, Mr. Vice Mayor, with Commissioner Carollo here, with 4/5ths vote, we can go back to an emergency, rather than first reading. So if the Clerk will add to my motion the word "emergency." Vice Mayor Gort: Does the seconder accept the amendment? OK. Mr. Foeman: Did you read it? You have to read the ordinance. Commissioner Plummer: You want to read it again, a second time? Mr. Foeman: No, I'm sorry. Commissioner Plummer: I've already read it. Mr. Foeman: I'm going to call the roll now. Roll call... Commissioner Dawkins: Read it, because Commissioner Carollo was not here, and if somebody challenges it, we need to know. NOTE FOR THE RECORD: At this point, Commissioner Plummer reads the proposed emergency ordinance into the public record by title only. Commissioner Plummer: So move. Vice Mayor Gort: It's been moved and seconded. Any discussion? Being none, call the roll. 8 July 19, 1996 An Ordinance entitled - AN EMERGENCY ORDINANCE RELATING TO MUNICIPAL ELECTIONS, AMENDING CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING PROVISIONS AUTHORIZING THE CITY CLERK TO FILE ACTIONS IN CIRCUIT COURT CHALLENGING CANDIDATE'S QUALIFICATIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Plummer and seconded by Commissioner Dawkins, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to 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. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance 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. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11381. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 9 July 19, 1996 2. AUTHORIZE CITY CLERK TO FORWARD COMPLETED APPLICATION AND RELATED DOCUMENTATION OF CANDIDATE JACQUELINE CHEDIAK TO STATE ATTORNEY'S OFFICE REGARDING THE MAYORAL ELECTION TO BE HELD ON JULY 23, 1996 -- FOR THAT OFFICE TO INVESTIGATE. Commissioner Dawkins: OK. Now, one thing. One question before I leave. One of the requirements is, to run for the President of the United States, you got to be 21 years old. If I am 20 years old and I try to qualify... You can't qualify. So why is it that I have written the same thing, Commissioner, as a law for the City of Miami, and I've got to send a Clerk to the court to uphold what I got written as law? Commissioner Plummer: It makes no sense. Commissioner Dawkins: It doesn't make any sense at all. Commissioner Carollo: Well, by this being passed, will this then give the Clerk the right to have our City Attorney go into court on an emergency basis? Commissioner Dawkins: No. They said he has to go. Commissioner Carollo: Yeah, but it would be the Clerk, represented by the City Attorney, correct? Mr. Jones: That's correct. Commissioner Plummer: Of course. Commissioner Carollo: OK. Commissioner Plummer: That's "El Cheapo." Commissioner Carollo: Well, one other resolution that I would like to pass, since we are meeting here... And this has to go right down to the foundation of our democratic process. Unfortunately, here we go through any other election that people that don't even live in the City of Miami feel that just because they got money, that they can come here and give - like what was reported already in the paper - the encouragement, and I would add, the financial support for candidates to run. I think that what has happened with this particular candidate and the form that has been filled needs to be investigated by the State Attorney's office. If there has been perjury committed by this Candidate, where they have signed that they have resided in the City of Miami for six months prior to running for office, and at the same time that they were registered here, and they are not. We need to stop all the shenanigans once and for all, because if not this election, next election, the following election, they are going be finding anybody that they can, throwing in races against everybody in this Commission, just to try to create a circus out of our elections... out of our democratic process, and costing the tax- payers of Miami additional dollars. Once a candidate fills his forms out, a candidate has to swear that they are signing that under the penalty of perjury. If we are removing this person because they do not live in the City, in part of what they filled out, they were swearing under oath that they lived in the City, then that is a violation of the law, and is something that the State Attorney's Office should look at. And if 10 July 19, 1996 they have breached the law, then the State Attorney's Office should deal with them, since they enforce all the different laws that we have here. Vice Mayor Gort: Joe, let me tell you, I think you're right, when it comes to a person who would put the address as being within the City of Miami. But this application clearly stated and put the address outside of the City of Miami. Commissioner Carollo: True, Vice Mayor, but as the City Clerk stated to me, there was a contradiction. The person signed a paper that stated that they were swearing that they lived inside the City of Miami limits, and at the same time, that their precinct was part of the City of Miami, that they voted in the City of Miami. Now if the person has a logical explanation, then it should be up to a government authority to decide if this person had a problem that maybe we all don't know about. But in the meantime, if we are taking them out... off a ballot, for that reason... Commissioner Plummer: Well, they are off. She's off the ballot. Commissioner Carollo: ... by having our City spend time and money in challenging this... Commissioner Plummer: She's on it? I thought she was taken off the next day. Commissioner Carollo: ...this should be sent to the governing body, which is the State Attorney, that investigates such matters to look into this. And if there were some people who took advantage of this woman and got her in this race, and she is willing to talk about that, then maybe that is something they should investigate, too. Commissioner Plummer: Well, I think the City Clerk has that obligation, if perjury was committed, to report it to the proper authorities. Absolutely. Commissioner Carollo: Well, then, I will make a motion that the City Clerk forwards the completed application with all the pertinent information that was filed to the State Attorney's Office, so that the State Attorney's Office can investigate whether there was perjury committed in the application or not. Commissioner Dawkins: I second the motion, and under discussion. Mr. City Attorney. Mr. Jones: Yes, sir. Commissioner Dawkins: I gave an address outside the City of Miami. I noted that. And then I signed at the bottom that I do live in the City of Miami. I mean, how could I commit forgery (sic)... Commissioner Carollo: Perjury. Commissioner Dawkins: ... perjury when I tell you clearly where my address is, and then I sign and say I live in the City of Miami? OK? But that's... that's all right. Call the roll. Commissioner Plummer: Miller, let me, for one who has to deal with this legally, OK? There are many, many people who, in this community, when they come in to me, and I ask their address, they tell me they are a resident of the City of Miami. They don't live anywhere near the City of Miami, but they are not in an incorporated area. And many people make that mistake. Many people that live like in Westchester, which is unincorporated, their post office box is Miami, Florida, OK?, with a different zip code. If they are in a municipality, that's a different case. But many people make that mistake, an honest mistake. All right, call the roll. 11 July 19, 1996 Commissioner Carollo: Well, that's understandable. Commissioner Plummer: Yeah. Commissioner Carollo: But in this case, Mr. Clerk, can you explain to the Commission the conversations you had with this young lady? Commissioner Dawkins: OK. Call the roll. I have to leave at five o'clock. Call the roll on this one. Call the roll. Commissioner Carollo: Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 96-540 A MOTION INSTRUCTING THE CITY CLERK TO FORWARD THE COMPLETED APPLICATION WITH ALL THE PERTINENT INFORMATION THAT WAS FILED BY MS. JACQUELINE MARIA CHEDIAK, CANDIDATE IN THE JULY 23, 1996 SPECIAL MAYORAL ELECTION, TO THE STATE ATTORNEY'S OFFICE FOR PROPER INVESTIGATION OF POSSIBLE PERJURY WITHIN THE AFFIDAVIT OF CANDIDATE FILED BY SAID INDIVIDUAL. Upon being seconded by Commissioner Dawkins, 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. 12 July 19, 1996 ---------------------------------------------------------------------------------------------------------------- 3. DIRECT CITY ATTORNEY AND CITY CLERK: -- COMMISSION REQUESTS THAT THE CORRECT ELECTION BALLOT BE PRESENTED TO THE PUBLIC FOR THE MAYORAL ELECTION TO BE HELD ON JULY 23, 1996 -- FURTHER REQUEST THAT COURT ACTION BE SOUGHT IN ORDER TO ENSURE A PROPER BALLOT. -------------------- ------------------------------------------------------------------------------------------- Commissioner Plummer: Absolutely. If perjury was committed, it should be reported to the proper authorities. COMMENTS MADE FOLLOWING ROLL CALL: Commissioner Carollo: Now, Mr. Clerk, can you explain to the Commission, briefly, the conversations that you had with the lady involved. The statements that you made to her, as I understood them, that you explained to her that she did not live in the City of Miami, and what she stated to you? Because you will be a witness in this when the State Attorney takes action. Mr. Foeman: I had a conversation after we received the verification of residency from the Supervisor of Elections, because normally, we submit the paper work after qualifying to the supervisor. And I talked to Miss Chediak, and I explained to her that we had received the verification of address, voter address, and it was outside the City. And she informed us... Well, she informed me that she was aware, and she would accept the challenge. That was the extent of my conversation with her. Commissioner Carollo: OK. In other words, you said that... when you say that she would accept the challenge, what else did she say to you? She would not... Mr. Foeman: She left it at that. She didn't ad lib any more. Commissioner Carollo: OK. That's fine. It's self-explanatory. Thank you. Vice Mayor Gort: OK. Thank you, guys. Commissioner Plummer: Oh, wait. David... The question was asked, Mr. Clerk, is it possible that the names that are on the ballot that should not be on the ballot... Vice Mayor Gort: Can be scratched. Commissioner Plummer: ... can be scratched, covered, or otherwise obliterated. Mr. Foeman: Well, that's at the discretion of the Supervisor of Elections, and he has mentioned that that is one option, if the Judge had directed him... Like, what are the options at this late date and the process? He said either they could be magic... use the Magic Marker to blot them out, or they could disqualify the votes, and post a sign as to the disqualified... Commissioner Plummer: I think that this Commission would definitely want to see that the ballot presented to the people is the proper and right ballot. Mr. Foeman: OK. But, Commissioner, he said he could only do that pursuant to a Court directive, wherein he would be asked what were the options at this late date. 13 July 19, 1996 Commissioner Plummer: (INAUDIBLE) Vice Mayor Gort: Monday, go to court, and you get the power to do so. l Commissioner Plummer: I think that the request of this Commission would be that if it is humanly possible to be done, we would like to see it done. Mr. Jones: Well, are you directing us to file something on Monday? Commissioner Plummer: Yes. If it's possible, do it. Vice Mayor Gort: If it's possible, that's right. Yeah. You got the power to do it now. Commissioner Plummer: That's it. Go home. Commissioner Carollo: OK. Thank you, gentlemen. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT WIFREDO GORT VICE MAYOR ATTEST: Walter J. Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK 14 July 19, 1996