HomeMy WebLinkAboutCC 1989-12-07 Discussion Item (2)DATE:
DA _ `_�
City 60r MIAMI, '00WO1
jNtER-bFpIGE MEMORANDUM
To: THE HONORABLE XAVIER L. SUAREZ
DATE: December 8, 1999 FILE:
MAYd SUBJECT: Votin ilhile Absent
During_R211_Cj11
REFERENCES:
FROM: *AITYRA2 City Attorney
Memorandum dated June
City Clerk ENCLOSURES: 1, 1987
At the Commission meeting of December 7, 1989, you were absent
during roll call on items 3 and 6. (MOTE: 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 items. 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, MAYOR
SUAREZ REQUESTED OF THE CLERK TO BE SHOWN AS
VOTING YES ON THE MOTION."
Kindly acknowledge in the space provided hereinbelow by signing.
ACKNOWLEDGED:'
M
MH:sl
ENC: ais
or Xavie>< L) Suarez
•
{ City OF MIAMI. PLOPIICA
to nit ty der i ` 1 oAtE June 1, 1987
Citp'
lUiJECt City Commission Roll Call
on legislative items
FROM
City Attorney
s "
F es i..J i
OWERENCES:
ENCLOSURES.
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
roll 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. 8o 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 eaoh 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", etc.) 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:bso:P388
co: Mayor Xavier L. Suarez
Vice -Mayor J. L. Plummer, Jr.
Commi.esioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario'sennedy