HomeMy WebLinkAboutM-90-0429CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Cesar H. Odio, City Manager
Att: Aurelio Perez-Lugones
FROM . Jge Lrnan ez
yAtttCiy
DATE May 10, 1990 FILE
SUsJECT Charter .Amendment/City
Commission Compensation
REFERENCES: CITY ATTORNEYS REPORTS
ENCLOSURES.
At the April 26, 1990 City Commission Meeting, Commissioner
J.L. Plummer, Jr. indicated that the above -referenced matter
should be the subject of -Commission review. Accordingly, please
place this item on your next available agenda.
JLF:RFC:bss:P787
cc: Commissioner J.L. Plummer, Jr.
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DAZE May 15, 1990 FILE _
of the City Comni.ssion
Uf3JECT City Charter Amendment =
City Ccn nission Compensation
i
FROM - R 1 REFERENCLS
�Jor3e L. Fe andez -_
City Attorn ENCLOSURES ( 2 ) _
As the above -referenced item will likely be considered in
the immediate future, we are forwarding a copy of the Dade County
proposal on this subject as well as material on the City's recent
proposal on the same subject.
The above material is being forwarded for your reference _
and information. -
Please be advised that if an October 2nd election is desired
then the first of the two required formal resolutions in the
City's charter amendment process cannot be adopted before
June 4th; if a November 6th election is desired, such preliminary
resolution directing the City Attorney to draft the amendment
cannot be adopted before July 9th.
At the May 24th Commission Meeting, if you desire to have
the matter placed on the ballot for the September 4th election,
you may adopt the first resolution at this time.
RFC:gb:P016
cc: Cesar H. Odio, City Manager
Aurelio Perez-Lugones, Legislative Administrator
Matty Hirai, City Clerk
Robert F. Clark, Special Counsel
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s
Agenda Item 110 . 5 ( g) ( 1.1 )
3-6-90
RESOLUTION NO. R-160-90
RESOLUTION CALLING SPECIAL ELECTION IN DADE
COUNTY, FLORIDA, TO BE HELD ON TUESDAY,
MAY 8, 1990, FOR THE PURPOSE OF SUBMITTING TO
THE ELECTORS OF DADE COUNTY THE QUESTION OF
WHETHER THE DADE COUNTY CHARTER BE GENERALLY
REVISED TO PROVIDE IN SIGNIFICANT PART, THE
FOLLOWING: (1) ELECT A MAYOR AND 3
COMMISSIONERS COUNTYWIDE, AND 7 COMMISSIONERS
FROM DISTRICTS; (2) INCREASE COMMISSION
SALARIES TO STATUTORY AMOUNT FOR NON -CHARTER
COUNTY COMMISSIONERS (CURRENTLY APPROXIMATELY
$51,600); (3) INCREASE TIME TO CIRCULATE
PETITIONS; (4) AUTHORIZE MAYOR, WITH
COMMISSION APPROVAL, TO APPOINT MANAGER AND
ATTORNEY AND REMOVE MANAGER; (5) DELETE
REFERENCES TO SPECIFIC BOARDS AND
DEPARTMENTS; (6) COMPREHENSIVELY AMEND AND
UPDATE TERMINOLOGY AND CERTAIN SUBSTANTIVE
AND PROCEDURAL PROVISIONS, AS DELINEATED IN
RESOLUTION R-160-90
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE
COUNTY, FLORIDA:
Section 1. A county -wide special election is hereby
called and shall be held in Dade County, Florida, on Tuesday,
May 8, 1990, for the purpose of submitting to the qualified
electors of Dade County, a proposal for the comprehensive
revision of the Home Rule Charter in the form attached hereto and
made a part hereof.
Section ?.t Notice of such special election shall be
published in accordance with Section 100.342, Florida Statutes
3.989.
Section 3. The result of such special election shall be
determined by a majority of the qualified electors of Dade County
voting upon the proposal. The polls at such special election
shall be open from 7:00 a.m. until 7:00 p.m. on the day of such
special election.
All qualified electors of Dade County,
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Florida, shall be entitled to vote at said special election. The
County registration books shall remain open at the Office of the
Dade County Supervisor of Elections until thirty (30) days prior
to the date of such special election, at which time the
registration books will close in accordance with the provisions
of the general election laws. Votomatics shall be used in such
special election, and the question shall appear on the votomatic
in substantially the following farm:
COMPREHENSIVE REVISION OF
DADE COUNTY HOME RULE CHARTER
SHALL THE CHARTER BE REVISED TO:
-- ELECT A MAYOR AND 3 COMMISSIONERS
COUNTYWIDE, AND 7 COMMISSIONERS FROM
DISTRICTS
-- INCREASE COMMISSION SALARIES TO
STATUTORY AMOUNT FOR NON --CHARTER COUNTY
COMMISSIONERS (CURRENTLY APPROXIMATELY
$51,600)
-- INCREASE TIME TO CIRCULATE PETITIONS
-- AUTHORIZE MAYOR, WITH COMMISSION
APPROVAL, TO APPOINT MANAGER AND
ATTORNEY AND REMOVE MANAGER
-- DELETE REFERENCES TO SPECIFIC BOARDS AND
DEPARTMENTS
-- COMPREHENSIVELY AMEND AND UPDATE
TERMINOLOGY AND CERTAIN SUBSTANTIVE AND
PROCEDURAL PROVISIONS, AS DELINEATED IN
RESOLUTION R-160-90?
YES L /
NO L /
Section 4. Such question shall appear on the votomatic
ballot as a separate question or proposal. Those qualified
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C. Any appointed official or employee of
Dade county who qualifies as a candidate for
election to any federal, state, county or
municipal office shall immediately take a leave of
absence from his or her county position until the
date of the election and shall, if elected,
immediately forfeit his or her county position.
If the candidate is not elected, he or she shall
immediately be reinstated to his or her former
position.
SECTION 1.067. SALARY.
Commencincr with the swearing in of the Mayor
and Commissioners elected in 1992__pursuant to
Section 2.01 of this Charter, eEach eaunty
Commissioner shall receive a salary ef-$67e9e-per
pear -payable -monthly in the amount provided for
non -charter county, commissioners by Florida law,
as same may be amended from time to time and
shall be entitled to be reimbursed for such.
reasonable and necessary expenses as may be
approved by the Beard Commission.
SECTION 1.078. VACANCIES.
Any vacancy in the off ice of Mayor or the
ather-members -ef -the-Beard Commission shall be
filled by majority vote of the remaining members
of the Boarel Commission within 30 days, or the
Beard Commission shall call an election to be held
net -mere -then -45 within 120 days thereafter -to
fill-the-vaeaney from the date the vacancy was
created. The person chosen to fill the office
vacated must at the time of appointment meet the
residence requirements for the office to which
such person is appointed. A person appointed
shall serve only until the next county -wide
election. A person elected shall serve for the
remainder of the unexpired term of office. If
Upon a majority of the members of the Beard -should
beeeme Commission becoming appointed rather than
elected to office, then the Beard Commission shall
forthwith call an election to be held net-a!ere
than-45-days-thereafter within 120 days to permit
the registered electors to elect eCommissioners to
succeed the appointed eCommissioners;-appelnted
eemmissianers -may-stteeeed -themselves -unless
otherwise-prehibited -by -the -charter. If a
county -wide election is scheduled to be held
within 180 days from the date on which the
majority of the members of the Beard Commission
become appointive, the Beard Commission may eleet
16 90- 429
J--89 -753
7/27/89
RESOLUTION NO. 89-
A RESOLUTION, WITH ATTACHMENT, APPROVING,
SETTING FORTH AND SUBMITTING THE DRAFT OF A
PROPOSED CHARTER AMENDMENT, AMNDING THE
CHARTER OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, KNOWN AS CHARTER AMENDMENT NO. 3, TO
PROVIDE, EFFECTIVE IN 1991, THAT THE ANNUAL
COMPENSATION OF $5,000 PRESENTLY PAID TO
INDIVID11.ALS HOLDING THE OFFICE OF
COMMISSIOMM AND TO THE INDIVIDUAL HOLDING
T= orrics OF MAYOR BE PROPORTIONAL TO
CWUKXB IN "13 CONSUMER PRICE INDEX, (CPI)
SINCE 1949, AND THEREAFTER SUCH SALARIES ARE
'!b HE ADJUSTED ON AN ANNUAL BASIS IN
PROPORTION TD THE CHANGE OF SAID INDEX, WITH
THE MAYOR RECEIVING ANNUAL COMPENSATION TEN
PERCENT (10%) HIGHZR THAN THAT PAID TO ALL
OTHER COMMISSIONERS; M3RE PARTICULARLY BY
A![E)rdDING SECTION 4 OF SAID CHARTER; FURTHER
CALLING AND PROVIDING FOR A ,SPECIAL MUNICIPAL
ELECTION TO BE HELD ON THE 7TH DAY OF
NOVEMBER, 1989 FOR THE PURPOSE OF SUBMITTING
CHARTER AMENDMENT NO. 3 TO THE ELECTORATE AT
SAID ELECTION; FURTHER, DIRECTING THAT A
CERTIFIED COPY OF THIS RESOLUTION BE
DELIVERED TO THE SUPERVISOR OF ELECTIONS OF
METROPOLITAN DARE COUNTY, FLORIDA, NOT LESS
THAN 45 DAYS PRIOR TO THE DATE OF SUCH
SPECIAL MUNICIPAL ELECTION.
WHEREAS, on July 27, 1989, by its adoption of Rai--ol ur j r,n
No. 89-696, the City Commission directed the City Attorney to
prepare the herein proposed Charter Amendment; and
WHEREAS, the City Attorney's draft of the proposed charter
amendment is set forth in its final form in this resolution, said
draft being submitted to the electors of the City this date by
means of the herein resolution; and
WHEREAS, the proposed amendment shall be submitted to the
electorate at a special municipal election on November 7, 1989 as
called for and provided herein, and shall become effective upon
its approval by the electors; .
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
CITY COMMISSION
MEETING OF
JUL 27 1989
SOLUMN No 89 I 1-2 %.
ARKS
Section 1. The recitals and findings contained in the
Preamble of this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. a. Subsectio,7t (h) of Section 4, entitled
"Fora of Govermmnt," of he Charter of the City of Miami,
Florida. Chapter 10647, Special A -.:to, Laws of Florida, 1925, as
amended, Le hereby amended in the following particulars:'I/
"Sec. 4. Fors of government.
dJustment.
: .- . - - 9--t-
than the ca=:,ansation Raid to all other co=issigners
as their Cgmpansation is hereinafter aet forth tThere
shall also be paid by the City of Miami to the mayor—
connissioner additional sum not to exceed two
thousand five hundred dollars ($2,500.00) annually to
be used by the mayo er to cover any or all
entertainment expenses of the office of mayor—
comitiesioner the City of Miami, Florida.
1/ lords and/or figures stricken through shall .be deleted.
Underscored words and/or figures shall be added. Remaining
provisions are now in effect and remain unchanged.
Asterisks indicate ommitted and unchanged material.
2 - S9-7 7.
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e--e� i �--�-Q►�!+se� �#�--�-f----€.-fir.- . � _ • _ - -. �
b. The subsection designation "(h)" as appearing
herein shall be changed to "(i)" if Charter Amendment No. 2 is
approved by the electorate at a special municipal election held
on November 7, 1989.
C. The Charter Amendment proposed in this
Section shall be known as Charter Amendment No. 3.
Section 3. A special municipal election is hereby called
and directed to be held in the City of Miami, Florida, from
7:00 A.M. until 7:00 P.M. on Tuesday, November 7, 1989, for the
purpose of submitting the qualified electors of the City of Miami
for their approval or disapproval the measure known as Charter
Amendment No. 3.
Section 4. Said special municipal election shall, be held '
at the voting places in the precincts'designated, all as shown on
the list attached hereto and made a part hereof and referred to
as Exhibit No. 1, or as may be designated by the Supervisor of
Elections of Metropolitan Dade County, Florida, in conformity
with the provisions of the general laws of the State. The
Precinct Election Clerks and Inspectors to serve at said polling
places on said election date shall be those designated by the
Supervisor of Elections of Dade County for such purpose in
accordance with the general laws of the State. A description of
the registration books and records which pertain to election
precincts wholly or partly within the City and which the City is
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hereby adopting and desires to use for holding such special
municipal election its as follows: all registration cards, books,
records and certificates pertaining to electors of the City of
Miami and established and maintained as official by the
Supervisor of Rlections of Dade County, Florida, in conformity
with the provisions of the general laws of the State of Florida,
are hereby adopted and declared to be, and shall heraafter be
recognised and accepted as, official registration cards, books,
records and certificates of the city of Miami.
Section S. In compliance with Section 100.342, Florida
Statutes, the City Clerk is hereby authorized and directed to
publish notice of the adoption of the herein resolution and of
the provisions hereof, at least twice; once in the fifth week and
once in the third week prior to the week in which the aforesaid
special municipal election is to be held. in the followinn
newspapers of general circulation published in the City of Miami,
rlurida, at least twice, once in the fifth week and once in the
third week:
89 -°` 27.
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19
13
which notice ghsll. be rtibstanti_ally in the following for-ml
"MICE OF SPECIAL MUNICIPAL ELECTION
TO BE HELD ON
TUESDAY, NOVEMBER 7, 1989
IN THE CITY OF MIAMI, FLORIDA
PURSUANT TO RESOLUTION NO. a9- 727
A special referendum election will be held on
Tuesday, November 7, 1989, from 700 A.M.
until 700 P.M. in the City of Miami,
Florida, at the polling places in the several
el:^.tion precincts designated by the Hoard of
County Co® issioners of Dade County, Florida,
as mart forth herein, unless otherwise
provided by law, for the purpose of
•omitting to the qualified electors of the
City of Miami, Florida, the following
questions
"Shall Charter Amendment No. 3 be adapted , to
provide, effective in 1991, that the annual
compensation of $5,000 presently paid to the
mayor and commissioners be increased in
proportion to changes in the consumer price
index (CPI) since 1949, and thereafter making
annual adjustments in said compensation based
on changes to said index, with the mayor
being compensated annually at a rate ten
percent above all other commissioners?"
Charter Amendment No. 3 provides for an increase,
effective upon assuming office in 1991, from the present annual
compensation of $5,0100 to an amount which reflects adjustments
resulting from changes in the consumer price index (CPI) since
1949, for individual(s) holding the office of commissioner and
the office of mayor, with the mayor to be compensated annually at
a rate which is ten percent higher than the compensation paid to
all other commissioners. The amendment also provides that
beginning in July, 1992, and thereafter, there shall be annual
adjustments to said compensation based on changes in the consumer
price index (CPI).
By order of the Commission of the City of Miami, Florida.
CITY CLERK
(Insert list of City of Miami Polling Places.)"
Section 6. The official ballot to be used at said
election shall be in full compliance` with the laws of the State
of Florida with respect to absentee ballots and to the use of the
mechanical voting machines or the Computer Election System (CES),
and shall be in substantially the following form, to wit:
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U
M
orrTCIAL, BALLOT
SPECIAL "ICIPAL ELECTION
TUESDAY, MOVEM13ER 7, 1989
FOR APPROVAL OR DISAPPROVAL OP THE
FOLLOWING QUESTION:
Charter Amendment increasing
compensation of Commissioners and the
Mayor, and for an automatic yearly
compensation adjustment.
"Shall Charter_ Amandmsnt No. 3 be
adopted to provide, effective in
g 1991, that the annual compensation
of $5,000 presently paid to the
mayor and commissioners be
increased in proportion to changes
NO in the consumer price index (CPI)
since 1949, and thereafter making
annual adjustments in said
compensation based on changes to
said index, with the mayor being
compensated annually at a rate ten
percent above all other
commissioners7"
Section 7. Electors desiring to vote for the amendment,
in approval of said Question described above, shall be instructed
to punch straight down with the stylus through the hole next to
the word "YES" within the ballot frame containing the statement
relating to said Question. Electors desiring to vote against the
amendment, in disapproval of said Question, shall be instructed
to punch straight down with the stylus through the hole next to
the word "NO" within the ballot frame containing the statement
relating to said Question.
Section 8. The City Clerk shall cause to be prepared
absentee ballots containing the Question set forth in Section 6
above for the use of absent electors entitled to cast such
ballots in said election.
t.
Section 9. All qualified electors of said City shall be
permitted to vote in said special municipal election and the
Supervisor of Elections of Dade County is hereby requested,
authorized, and directed to furnish, at the cost and expense of
the City of Miami, a list of all qualified electors residing in
the City of Miami as shown by the registration books and records
-6- 89 -7o27.
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of the Office of said Supervisor of Elections and duly certify
the sauce for delivery to and for use by the election officials
designated to serve at the respective polling places in said
election precincts.
Section 10. For the purpose of enabling persons to
register who are qualified to vote in said municipal election to
be hold on Aovm%k wr 7, 1989, and who have not registered under
the provisions of the general laws of Florida and Chapter 16 of
the code of the City of Miami, Florida, or who have transferred
their legal residence from one voting precinct to another in the
City, they may register Monday through Friday, from 8:00 A.M. to
5:00 P.M. at the Metropolitan Dade County Election Department
located at ill Northwest 1 Street, Miami, Florida. In addition
to the above place and times, qualified persons may register at
such branch offices and may also use any mobile registration van
for the purpose of registration in order to vote in the herein
described election during such times and on such dates &s may be
designated by the Supervisor of Elections of Dade County.
Section 11.
MATTY
HIRAI,
the City
Clerk of
the
City of
Miami, Florida,
or her
duly
appointed
successor,
is
hereby
designated and appointed as the official representative of the
Commission of the City of Miami, Florida, in all transactions
with the Supervisor of Elections of Dame County in relation to
matters pertaining to the use of the registration books and the
holding of said special municipal election.
Section 12. The City Clark shall deliver a certified copy
of this Resolution to the Supervisor�of Elections of Metropolitan
Dade County not less than forty-five days prior to the date of
the herein special municipal election.
_7_
89 --ice7-
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PASSED ANT-) ADOPTED this 27th dray of
*KAYAI
CITY CLERK
PREPARRD AND APPROVED BY:
T2 �
KATHRYN PECXO
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A- - A0,
O GE ANDEZ
CI Y ATTORNE
KSP/bss/bl1137
Jul
3.989 .
89-7 7
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