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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 6w, 0-4- 40W.- 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: '� �mm—VTZT'5ie Vu r r e-------�"-' MH:sl ENC: a/s j rn CR vt TO FROM 4.111- 44L1 AbOrT1a ' Natty 8 •.i City .erk LAD:RPC:bss:P388 d lon .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,