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HomeMy WebLinkAboutCC 1988-06-09 Discussion Item.r CITY OF MIAMI. FLORIDA t INTER -OFFICE MEMORANDUM o THE HONORABLE VICTOR DE YURRE DATE June 14, 198'8 7`r COMMISSIONER 'l svar.T Voting while. -Absent. during Roll'_CalL- Fk0,,, MATTY HIRAI City Attorney memorandum City Clerk Fit.FF.RFNC.CS dated June 1, 1987 • F. NC:. C S Up t:F At the Commission meeting of June 9, 1988, you were absent during roll call on agenda items 75, 77, 78, 79, 81 and 83. Upon your return to the meeting, you requested that I show you as voting with the motion on all 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 in favor of the motion. Kindly confirm. Upon receipt of your confirmation, we will proceed to affix the appropriate agenda notation reflecting your request. If you have any questions, please call. "THOUGH ABSENT DURING ROLL CALL OF THE ABOVE -CITED AGENDA ITEMS, I REQUESTED THE CLERK TO S OW ME VOTING 'YES' ON SAID . MOTIONS _ SIGNED: DATE: Z� Co iss oner Victor be urre MH:vg r �. 1 T'� CITY OF MIAMI, FLORIDA � D .MITER -OFFICE MEMORANDUM TO Natty 8 i DATE June 1, 1987 FILE City erk • SUBJECI City Commission Roll Call on legislative items FROM Ludic A. Daugherty City Attorney REFERENCES ENCLOSURES As you requested, this memorandum will confirm our advice previously stated on the record that members of the City Commission may only cast 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. 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", 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:bss:P388 cc: Mayor Xavier Vice -Mayor J. Commissioner Commissioner Commissioner L. Suarez L. Plummer, Jr. Joe Carollo Miller J. Dawkins Rosario Kennedy r r EVE i. i CITY OF MIAMI, FLORIDA INtER-Of' FICE MEMORANDUM To THE HONORABLE VICTOR bE YURRE COMMISSIONER ire RJM ; TTY HIRAI City Clerk DATE June 14, 1988 r,LE Voting while Absent during Roll Call REFERENCES City Attorney memorandum dated June 1, 1981 ENCLOSURES At the Commission meeting of June 9, 1988, you were absent during roll call on agenda items 75, 77, 78, 79, 81 and 83. Upon your return to the meeting, you requested that I show you as voting with the motion on all 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 in favor of the motion. Kindly confirm. Upon receipt of your confirmation, we will proceed to affix the appropriate agenda notation reflecting your request. If you have any questions, please call. "THOUGH ABSENT DURING ROLL CALL OF THE ABOVE -CITED AGENDA ITEMS, I REQUESTED THE CLERK TO SHOW ME VOTING 'YES' ON SAID MOTIONS." SIGNED: DATE: Commissioner Victor De Yurre MH:vg ~/IIrCITY OF MIAMI. FLO • _ .&JVTER.OFFICE MEMORANDUM TO Matty $ i ^ 1 I DATE June 1. 1987 FILE City erR SUeJEC1 City Commission Roll Call on legislative items FRoM ' Ludia A. Dotgherty City Attorney REFERENCES ENCLOSURES As you requested, this memorandum will confirm our advice previously stated on the record that members of the City Commission may only cast their votes on any item being considered by them at the time the roil 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 roil 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". 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 roil oall vote and there will also be substantial compliance with the requirements of law. LAD:RFC:bss:P388 cc: Mayor Xavier L. Suarez Vioe-Mayor J. L. Plummer. Jr. Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy