HomeMy WebLinkAboutM-85-1049CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
HONORABLE MEMBERS OF October 7, 1985
TO THE CITY COMMISSION
FROM *ATTYRAI
CITY CLERK
DATE FILE
Mr. Otis Shiver's
SUBJECT Intended Candidacy
Primary Election of
Nov. 5, 1985
REFERENCES
ENCLOSURES
This will inform you that I have received a telephone request
from Mr. Otis Shiver, this date, to appear before the City
Commission at its meeting of October 10th.
Mr. Shiver, as you know, had appeared in my office on Saturday,
September 21, 1985, in regards to his intended candidacy for the
office of Mayor in the forthcoming election of November 5th. At
that time, Mr. Shiver did not produce completed qualifying papers
as required by Florida Statute.
On Friday, October 4th, and in response to my telephone call, Mr.
Shiver was given the opportunity to fully qualify as a candidate.
This opportunity was afforded him because as of the end of the
qualifying period, Saturday September 21st, there was no notary
public in my office on duty who could assist Mr. Shiver with the
notarization process of one of the required forms, and even
though the Supervisor of Elections is not required by statute to
maintain a notary public on the premises at all times, I felt
obliged to afford Mr. Shiver said services. This action on my
part was taken after consultation with the Law Department and the
Division of Elections. During our meeting on Friday, I further
explained to Mr. Shiver that no absentee ballots had been sent
out as yet by Metropolitan Dade County Election Department and
that there was still time to get his name on the ballot.
Nevertheless, Mr. Shiver refused the opportunity to become fully
qualified as a candidate in the forthcoming Commission race.
I can only assume that Mr. Shiver's requested appearance before
you is in connection with the matters outlined above.
If you have any questions, please do not hesitate to call.
MH : sl
cc: Sergio Pereira, City Manager
Lucia A. Dougherty, City Attorney
bcc: Robert Clark, Chief Deputy City Attorney
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Ptl C O'.G'E
C,t, C--6
October 4, 1985
DEP(TI CITI CLIF1.5
E T;^¢ •,
RTIFIED
MAIL
RETURN RECEIPT REQUESTED
Mr. Otis
W. Shiver
cT.rc r_
217 N.W.
33 Avenue
Miami, Florida
33125
Dear Mr. Shiver:
This will serve to confirm our meeting of this morning in my
office wherein I extended to you the opportunity to be fully
qualified by me as candidate, in Group I, for the forthcoming
Primary Election of November 5th. I further informed you that I
had spoken with David Leahy, Metropolitan Dade County Supervisor
of Elections, and we had both agreed not to send the absentee
ballots out pending my meeting with you of this morning. I
further informed you that no position numbers had been given out
and that there was still time to insert your name in the ballot
prior to absentee ballots being sent out by Metropolitan Dade
County Elections Department. You expressed to me that even
though you were grateful for the opportunity "it was too late"
be^suse your attorneys were already working on a lawsuit which
you expressed was your intention to file.
Please be informed that by copy of this letter I am requesting
Mr. David Leahy to go ahead with the printing of the ballot and
with the appropriate mailing of absentee ballots without
inclusion of your name as a candidate thereon.
Enclosed please find an envelope which you inadvertently left in
my office, as well as six photostats you requested me to make of
some of your personal notes.
Res ectfully,
atty Hirai
City Clerk
ENC: a/s
MH:sl
cc: David Leahy, Metropolitan Dade County Supervisor
Elections
Lucia A. Dougherty, City Attorney
# Robert F. Clark, Chief Deputy City Attorney
OFF,CE OF THE CITI CIER►, Gr, Ha:' 35CK, Pn^ A�mer,ca^ Drr,e PO Rol 330-06 Mirm F{o+rd. 33:1s C-;.. i `--
of
OTIS W. SHIVER
P.O. Box 653926
Miami, Florida 33265-3926
(305) 643-1280
To whom it may concern:
The facts speak for themselves. Original qualifying
papers were in the possession of Matty Hirai, Citv Clerk,
properly filled out on September 21st, 1985 at a prior
established appointment, time and date which was verified
on three different occasions through the City Clerk's office,
once by myself and two by other individuals at different
times. I refer to the time and date of September 21st, 1985
at 5:30 P.M. My consultant and financial advisor arrived at
5:15 P.M. to await my arrival which was at 5:25 P.M. on said
date. I was the only person qualifying at that time and my
application after having to overcome numerous, ridiculous and
deliberate, unconstitutional acts was refused. It was a
flagrant amateurish Banana Republic type of dictyori_al action
to absolutely prevent me, an American Citizen, [Jar Veteran, etc.
and the minority candidate in my own hometown, from entering
the Group One Mayoralty Election Campaign.
This is AMERICA, Land Of The Free And The Home Of The
B^r`ave_ many of whom have died to protect and defend the very
principles this nation was founded on, which you gentlemen who
represent the ethnic majority on the City of Miami Commission,
deliberately and contemptuously violated, particularly against
me. Each of you individually and collectively shall come to
realize this un-American act has injured not only every Miamian
but every American and yourselves as well. For this injury to
the basic principles of our Founding Fathers each of you will
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have to bear the burden.
Yours For A Free Miami,
OTIS W . SHIVER
"A Citizen Not A Subject"
P.S. No pride of authorship or other rights restricted.
P.P.S. This Open Letter is being submitted to the local media
censor board, alias the Miami Herald and Miami News for
their acceptance or rejection. My attorneys and I
would appreciate your decision of acceptance or rejection
in writing please. Thank you.
-2-
Sincerely and Resoectflly,
OTIS W. SHIVER
"A Citizen Not A Subject"
gr- /40 V 9