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HomeMy WebLinkAboutCC 1990-07-26 Discussion Item (4)TO . - � a CITY OF M IAWift3A rl"M011ANDUM CO OR .JUL 30 M 4= I `PIM H096RA$LE J . L. PLUMMER, _JR. DATE COMMISSIONER 14A iY CITY CLF R;\' SUBJECT ITY V l.�,a1 hip, F LA. FR M : MA Y HIRAI City Clerk July 27, 1990 Votiag,Whila- Absent iiurinn_Roll Call REFERENCES . C i t y Attorney Memorandum dated June ENCLOSURES :1 , 1987 At the Commission meeting of July 26, 1990, you were absent during roll call on item PZ-2, (NOTE: Pertinent agenda page attached hereto for your ready reference.) Upon your return to the meeting, you requested that I show you as voting with the motion on the above -cited item. The record will show, as in all other similar situations, that although you were absent during roll call, you requested of the Clerk to be shown voting with the motion. Kindly confirm. Upon receipt of your confirmation, we will proceed to affix the appropriate agenda notation reflecting your request, as follows: "ALTHOUGH ABSENT DURING ROLL CALL, COMMISSIONER PLUMMER REQUESTED OF THE CLERK TO BE SHOWN AS VOTING YES ON THE MOTION." Kindly acknowledge in the space provided hereinbelow by signing. ACKNOWLEDGED MH:sl ENC: a/s -- ---------- -- --_ DATE : -114 om ssioner J.L. Plumrae ,W1. As you requested, this memorandum will confirm our advice previously stated on the record that members of the City Commission may only oast their votes on any item being considered by them at the time the roll call is being taken. No member may vote before the roll call; although, if a member of the Commission has to leave the meeting prior to the roil call, such member could make a statement on the record to the effect that "if I were able to remain for the roll call, I would be voting (for)(against) this item". The legal effect of such a statement is nil and the statement is void of any operative effect and the roll call 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 each Commissioner with the suggestion that an audible response be given by each of them to you at the time you address the member in the order of taking 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 call vote and there will also be substantial compliance with the requirements of law. LAD:RFC:bss:P388 cc: Mayor Xavier L. Suarez Vice -Mayor J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy y7 OP MIAMI, �"L M V�F� icA�I�li �„ �VAit�2 bAfit July 2 1000 MAYOR a SUBJECT : M@taOgtl111�.�..:.a.�.VOt �1,. " Cni1f I let f, t REFERENCES 1 FROM . A Y H I R I ' City Clerk , � ENCLOSURES = - �r x„ At the Commission meeting of July 26, 1990, you abstained from agenda item PZ-25, namely: noting on a portion of "Allowing Special Exceptions in areas zoned as Government Instituotfiomdre than 20% nin the is present proposed increase use or a change in principle use." Kindly fill out parts (a) and (b) in the back of said form under "Disclosure of Local Officer's Interest." kindly sign, date and return