HomeMy WebLinkAboutCC 1992-04-30 Discussion ItemCITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO THE HONORABLE VICTOR DE YURRE DATE
May 26, 1992 F�LF
COPtTJISIONER
—
SUBJECT
Votinq_While Absent
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FROM MATTY HIRAI REFERENCES
City Attorney
City Clerk
Memorandum dated June
ENCLOSURES 1 , 1987 =
At the Commission meeting of April 30,
19920 you were absent
during roll call on agenda item 2.
Upon your return to the
meeting, you requested that I show you
as voting with the motion v
on the above -cited item. The record will show, as Tn all other =
similar situations, that although you
were absent during roll
j call, you requested of the Clerk to
be shown voting with the
j motion. Kindly confirm.
Upon receipt of your confirmation, we
will proceed to affix the
appropriate agenda notation reflecting
your request, as follows:
il "ALTHOUGH ABSENT DURING
ROLL CALL,
COMISSIONER DE YURRE REQUESTED
OF THE CLERK
TO BE SHOWN AS VOTING YES ON
THE MOTION."
Kindly acknowledgAssTHEFF
e space provided hereinbelow by signing.
ACKNOWLEDGED: j( DATE:
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FROM
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Natty 8 •.i
City .erk
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.MITER - OFFICE 64' MORANDUM -
Lu(ia A. D. gherty
City Attorney
CITY OF MIAMI, FLORIDA
1 �.. �• 11
— 1 I
As you requested, this memorandum will oonfirm our advice
previously stated on the reoord that members of the City
Commission may only oast their votes on any item being oonsidered
by them at the time the roll call is being taken.
No member may vote before the roll oall; although, if a
member of the Commission has to leave the meeting prior to the
roll call, suoh member oould make a statement on the record to
the effeot that "if X were able to remain for the roll oall, I
would be voting (for)(against) this item ". The legal effeot of
suoh a statement is nil and the statement is void of any
operative effect and the roll oall vote should reflect the member
as being absent.
Please note also that any member of the Commission can vote
on any item despite the fact that such member may not be in his
or her seat at the time the roll call is being taken. So long as
the member is within your earshot; i.e., within the range of your
hearing, his or her vote should be recorded. To assist you, we
are sending a copy hereof to the Mayor and eaoh Commissioner with
the suggestion that an audible response be given by eaoh of them
to you at the time you address the member in the order of takilia
the vote. In the absence of such audible response, you should
record the member's vote as you have interpreted his or her
gesture (nodding of head, "thumbs up ", eto.) and announce
"Commissioner votes (yes)(no) ". In this manner,
there will be a minimum possibility of error or mistake in the
taking of any roll oall vote and there will also be substantial
compliance with the requirements of law.
0o: Mayor Xavier L. Suarez
Vioe - Mayor J. L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
DATE
SUBJECT
REFERENCES:
ENCLOSURES
June 1, 1987
FILE
City Commission Roll Call
on legislative items
M 117,