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HomeMy WebLinkAboutItem #84 - First Reading Ordinance5 at At i 1 i J-85-34b rr/D-03 ORDINANCE N0, AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT, KNOWN AS "CHARTER AMENDMENT N0. 2", TO BE SUBMITTED TO THE ELECTORATE AT A SPECIAL MUNICIPAL ELECTION ON JULY 9, 1985, SAID AMENDMENT OF THE CITY CHARTER TO PROVIDE FOR EXPANDING THE COMMISSION FROM FIVE TO SEVEN MEMBERS, FOUR OF WHICH ARE TO BE ELECTED ON THE BASIS OF SINGLE -MEMBER DISTRICTS AND THREE OF WHICH ARE TO BE ELECTED AT LARGE IF THE PROPOSED EXECUTIVE MAYOR CHARTER AMENDMENT IS PASSED BY THE ELECTORATE AND BECOMES EFFECTIVE; AND IF SUCH AMENDMENT DOES NOT BECOME EFFECTIVE, EXPANDING THE COMMISSION FROM FIVE TO SEVEN MEMBERS WITH FOUR MEMBERS BEING ELECTED FROM DISTRICTS AND THREE MEMBERS, INCLUDING THE MAYOR, BEING ELECTED AT LARGE; ESTABLISHING INITIAL DISTRICTS AND ESTABLISHING A BOUNDARIES COMMITTEE WHICH SHALL BE IMPANELLED IMMEDIATELY AFTER EACH FEDERAL DECENNIAL CENSUS TO REDEFINE THE DISTRICTS; ESTABLISHING THE DATES FOR ELECTIONS OF ALL COMMISSIONERS AND THE MAYOR; PROVIDING THAT THE COMMISSION ESTABLISH THE COMPENSATION FOR THE MAYOR AND COMMISSIONERS; PROVIDING FOR THE LIMITATION OF ADMINISTRATIVE EXPENSES FOR COMMISSIONERS; REPEALING ALL CHARTER SECTIONS OR PARTS THEREOF IN CONFLICT; PROVIDING FOR SUCH CHARTER AMENDMENT TO TAKE EFFECT UPON PASSAGE BY THE ELECTORATE, AND CONTAINING A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Commission hereby submits the following proposed Charter Amendment for submission to the qualified electors of the City of Miami at a special municipal election on July 9, 1985, for the purpose of expanding the City Commission from five to seven members, four of which are to be elected on the basis of single member districts and three of which are to be elected at large if the proposed Executive Mayor Charter Amendment known as Charter Amendment No. 1, scheduled for referendum on July 9, 1985 is passed by the electorate and becomes effective; and if such Charter Amendment No. 1 does not become effective, expanding the commission from five to members with four members heir, districts and three members, in � o i J-85-34b rr/D=03 ORDINANCE NO. AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT, KNOWN AS "CHARTER AMENDMENT NO. 2", TO BE SUBMITTED TO THE ELECTORATE AT A SPECIAL MUNICIPAL ELECTION ON JULY 9, 1985, SAID AMENDMENT OF THE CITY CHARTER TO PROVIDE FOR EXPANDING THE COMMISSION FROM FIVE TO SEVEN MEMBERS, FOUR OF WHICH ARE TO BE ELECTED ON THE BASIS OF SINGLE -MEMBER DISTRICTS AND THREE OF WHICH ARE TO BE ELECTED AT LARGE IF THE PROPOSED EXECUTIVE MAYOR CHARTER AMENDMENT IS PASSED BY THE ELECTORATE AND BECOMES EFFECTIVE; AND IF SUCH AMENDMENT DOES NOT BECOME EFFECTIVE, EXPANDING THE COMMISSION FROM FIVE TO SEVEN MEMBERS WITH FOUR MEMBERS BEING ELECTED FROM DISTRICTS AND THREE MEMBERS, INCLUDING THE MAYOR, BEING ELECTED AT LARGE; ESTABLISHING INITIAL DISTRICTS AND ESTABLISHING A BOUNDARIES COMMITTEE WHICH SHALL BE IMPANELLED IMMEDIATELY AFTER EACH FEDERAL DECENNIAL CENSUS TO REDEFINE THE DISTRICTS; ESTABLISHING THE DATES FOR ELECTIONS OF ALL COMMISSIONERS AND THE MAYOR; PROVIDING THAT THE COMMISSION ESTABLISH THE COMPENSATION FOR THE MAYOR AND COMMISSIONERS; PROVIDING FOR THE LIMITATION OF ADMINISTRATIVE EXPENSES FOR COMMISSIONERS; REPEALING ALL CHARTER SECTIONS OR PARTS THEREOF IN CONFLICT; PROVIDING FOR SUCH CHARTER AMENDMENT TO TAKE EFFECT UPON PASSAGE BY THE ELECTORATE, AND CONTAINING A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Commission hereby submits the following proposed Charter Amendment for submission to the qualified electors of the City of Miami at a special municipal election on July 9, 1985, for the purpose of expanding the City Commission from five to seven members, four of which are to be elected on the basis of single member districts and three of which are to be elected at large if the proposed Executive Mayor Charter Amendment known as Charter Amendment No. 1, scheduled for referendum on July 9, 1985 is passed by the electorate and becomes effective; and if such Charter Amendment No. 1 does not become effective, expanding the commission from five to seven members with four members being elected from single member districts and three members, including the mayor, being elected CITY COMMISSION MEETING OF APR I I QRDINA(n.t . u//�� 1st REAOING, C"A'.'P3 ►, 2na HEADING._ *o : oA 4w : 000 Of at large; establishing the dates for the election of the mayor and commissioners; establishing the boundaries of the initial districts; and establishing a boundaries committee to be impanelled immediately after the official results of each Federal Decennial Census to redefine the districts. The following proposed Charter Amendment shall repeal all Charter sections or parts thereof insofar as they are inconsistent or in conflict with the provisions of the proposed Charter Amendment. Provided, however, in the event of a conflict between this Charter Amendment and proposed Charter Amendment No. 1, scheduled for referendum on July 9, 1985, the provisions of Charter Amendment No. 1 shall be controlling with respect to the powers and duties of the Mayor and the salaries of the Mayor and Commissioners, while provisions of this Charter Amendment shall be controlling with respect to the terms and election dates of the Mayor and Commissioners if both such amendments are passed by the electorate and become effective. This proposed Charter Amendment shall become effective upon passage by the electorate. CHARTER AMENDMENT NO. 2 Sections 41 7 and 10 of the City of Miami Charter, Chapter 10847, Special Acts, Laws of Florida, 1925, as amended, are hereby further expressly amended in the following particulars:) 1 "Sec. 4. Form of government. (f) Salaries of commission. The commission shall set the salaries for the mayor and the commissioners. There sha+1 be paid to the Mayer; and to eseh eenunissiener-as-ee�npensatien-the-sa�n-ef-$5=888-per-veer payable-menthly-in-12-equal-installments=-and-there shai+-be-paid-te-the-mayor-the-additional-sam-of-$8=500 annual*y-to-be-used-te-curer-entertainment-expenses-of the-effiee-ef-mayor-ef-the-City-of-MiaM+ -*Merida: (g) Ordinances and resolutions; voting. The commission shall act only by ordinance or written resolution, and all ordinances and resolutions, except ordinances making appropriations, shall be confined to one subject, which shall be clearly expressed in the title. Ordinances making appropriations shall be Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- confined to the subject of appropriations. No ordinance shall be passed until it has been read on two separate days, but an emergency ordinance may be passed on one reading only by a fear=flfthg two --thirds vote of the members of the commission. Ordinances shall be read by title only. Copies of proposed ordinances shall be furnished to each commissioner and shall be made available to all interested persons. The clerk shall record the vote of each commissioner on all ordinances and resolutions. Passage of every ordinance or resolution shall require the affirmative vote of a majority of all the members. No member shall be excused from voting except on matters involving the consideration of his/her own official conduct or on matters in which his _her financial interests are involved. No ordinance shall go into effect until 30 days after its passage unless it is declared to be an emergency measure on the ground of urgent public need for the preservation of peace, health, safety, or property, and unless it is approved by a vote of not less than feev-fifths two-thirds of the members of the commission. No measure granting or amending any public utility measure or amending or repealing any measure adopted by the people at the polls or by the commission in compliance with an initiative petition shall be regarded as an emergency measure. Sec. 7. Mayor; ecomposition of commission; resignation. (a) Seats and terms. The commission shall consist of five seven citizens who are qualified voters of the city and who have resided in the City of Miami for six months next preceding the election at which they seek election. The mayor shall have the same qualifications. Commissioners shall be elected from -the eity-at- *erg e-ln-groups- numbered -f-through-V:-9ne-ef said eemm4ssleners shall be the mayor and shall be eleeted-by-the-people-at-eaeh-general-eleetlen=-for-a term-ef-tae-years7-frem-the-grope-to-be-numbered-f- eamm#9s#eners-tn-greup9-numbered-ff-and-fff-Shall-be eleeted-at-the-general-eleet#ens-to-be-held-in-the-year 19SS and at eaeh general eleetion eaeh f eur years thereafterr-eemm#ssleners-in-groups-numbered-IV-and-V shall-be-eleeted-at-the-general-eleetiene-to-be-held-in the-year-l959- and- at- eaeh-general-eleet#en-eaeh-fear years -thereafter: as follows: If the executive -mayor charter amendment, known as Charter Amendment No. 1, scheduled for referendum on July 9, 1985, is passed and becomes effective, four members shall be elected from single member districts, numbered District I through District IV, and three members shall be elected from the city at large in groups numbered At -Large Group 1, At -Large Group 2 and At -Large Group 3. If the aforementioned executive -mayor charter amendment does not become effective, four members shall be elected from single member Districts numbered District I through IV and three members, including the mayor, shall be elected at -large_ in groups designated At -Large Group 1, At -Large Group , and a Group named Mayor. The mayor and the commissioners are to hold office until their successors are elected and qualified from 12 o'clock noon of the day after the declaration of the result of the election. -3- 01 W Sec. 10. Election of commissioners and mayor; districts terms. (a) Regular and primary elections of commissioners. A regular municipal election for the election of commissioners shall be held on the second Tuesday after the first Monday in November in odd -numbered years. A nonpartisan primary election of the nomination of candidates for the commission shall be held on the first Tuesday after the first Monday in November in odd -numbered years. Any person who possesses the qualifications requisite to an elector at the general state election, and who registers to vote as may be prescribed by ordinance shall be a qualified elector of the city. All elections held in the city shall be conducted and held according to the provisions of the general elections laws of the State of Florida, except as otherwise provided for in this charter except the commission shall be substituted for a board of county commissioners. The name of any elector of the city shall be printed upon the primary ballot as a candidate for nomination of the office of mayor or commissioner upon paying to the city the sum of $100 to be deposited with the city clerk as a qualifying fee not less than 45 days prior to the date of the primary election; said elector shall submit concurrently therewith a sworn statement of his or her name, address, occupation, group in which the elector wishes to run, and willingness to serve, if elected. All such qualifying fees shall be deposited with the said city clerk no later than 6:00 p.m. on the forty-fifth day prior to the election. The commissioners and mayor shall be elected as follows: (1) Districts. For the purposes of electing members to the city commission, the city shall be divided into four single member districts, which districts shall be numbered District I through District IV. t All persons desiring to qualify as candidates for r commissioner from the districts shall file in the district in which they reside. j (2) At -Large Groups; Mayor. There shall also be three members of the city commission and the Mayor elected at large. A11 persons desiring to qualify as candidates for commissioner at large shall file in At -Large Group 1, At -Large Group 2 j and At -Large Group 3. All persons desiring to qualify t as candidate for mayor shall file in the group named Y: Mayor. (3) Terms of office and recall. R The mayor shall be elected at the November, 1985 general municipal election and at the general municipal i election each four years thereafter. y<;.;.. The commissioner in District I, District II, =" District III, and District IV, shall be elected at the November, 1985 general municipal election and shall hold office for terms of two years. CEIC t e low 3 Sec. 10. Election of commissioners and mayor; districts; terms. (a) Regular and primary elections of commissioners. A regular municipal election for the election of commissioners shall be held on the second Tuesday after the first Monday in November in odd -numbered years. A nonpartisan primary election of the nomination of candidates for the commission shall be held on the first Tuesday after the first Monday in November in odd -numbered years. Any person who possesses the qualifications requisite to an elector at the general state election, and who registers to vote as may be prescribed by ordinance shall be a qualified elector of the city. All elections held in the city shall be conducted and held according to the provisions of the general elections laws of the State of Florida, except as otherwise provided for in this charter except the commission shall be substituted for a board of county commissioners. The name of any elector of the city shall be printed upon the primary ballot as a candidate for nomination of the office of mayor or commissioner upon paying to the city the sum of $100 to be deposited with the city clerk as a qualifying fee not less than 45 days prior to the date of the primary election; said elector shall submit concurrently therewith a sworn statement of his or her name, address, occupation, group in which the elector wishes to run, and willingness to serve, if elected. All such qualifying fees shall be deposited with the said city clerk no later than 6:00 p.m. on the forty-fifth day prior to the election. The commissioners and mayor shall be elected as follows: (1) Districts. For the purposes of electing members to the city commission, the city shall be divided into four single member districts, which districts shall be numbered District I through District IV. All persons desiring to jualify as candidates for i commissioner trom the districts shall file in the district in which they reside. } (2) At -Large Groups; Mayor. There shall also be three members of the city commission and the Mayor elected at large. All persons desiring to qualify as candidates for commissioner at large shall file in At -Large Group 1, At -Large Group 2 and At -Large Group 3. A11 persons desiring to qualify as candidate for mayor shall file in the group named e= 1 Mayor. (3) Terms of office and recall. The mayor shall be elected at the November, 1985 general municipal election and at the general municipal election each four years thereafter. The commissioner in District I, District II, District III, and District IV, shall be elected at the November, 1985 general municipal election and shall Fold office for terms of two years. 0) The commissioners in At=Large Gr Group 2 shall be elected at the Nove municipal election to serve four year 1 and At -Large r, 1985 general rms. The commissioner in At -Large Group 3 shall be elected at the November, 1985 municipal general election to serve_ an initial term of two years and thereafter four year terms. (4) District Boundaries and Boundaries Committee. The initial district boundaries having_ been recommended by the City Manager are attached hereto and adopted by the City Commission. Such boundaries maintain both ethnic and neighborhood representation, giving the highest priority to the factors of ethnicity and equality so as to assure to the greatest degree possible that all citizens are represented. A boundaries committee is hereby established. It shall be reimpanelled immediately after the official results of each Federal Decennial census is confirmed to redefine the boundaries of the districts. The boundaries committee shall person nominated by each member of th the following additional individuals: be composed of one e commission, plus (i) The Chief Judge of the Eleventh Judicial Circuit in and for Dade County, Florida, who shall serve as chairperson or if he/she is unable to serve the commission shall appoint either the Dean of the University of Miami Law School or St. Thomas of Villanova School of Law to serve. (ii) The Presidents of the Dade County Bar Association, the Black Lawyers Association, the Cuban -American Bar Association, and the Florida Association for Women Lawyers, Dade County Chapter. If any of these individuals is unwilling or unable to serve, their respective associations shall name a replacement. If any such organization ceases to exist then a like organization shall be designated by the commission with the consent of the Chief Judge of the llth Judicial Circuit in and for Dade County, Florida. A quorum shall consist of a maiority of the total members. The boundaries committee shall have a budget of $20#000.00 for staff, secretarial services, statistical and legal work. The city attorney shall be available to perform legal services as required by the commi%tee. j The boundaries committee shall meet all constitutions requirements and shall attempt to maintain the same ethnic and neighborhood representation as the original districts, giving the highest priority to the factors of ethnicity and equality - so as to assure to the greatest degree possible ble all citizens are represented. In definin the boundaries of the districts, the boundaries committee shall observe ederal and state laws and county ordinances concerning the establishment and integrity of votinprecincts. -5- a.. w.. i The boundaries committee _shall ,adopt _its 00n rules of procedure;_ and its 717ndings# determinations,and conclusions_ shall be final and binding, The annual administrative expenses of the commission shall be limited to the amount of actual administrat ve__ expenses during _ fiscal year 1984-85 provided that I every___ ear___such limitation shall, be determined on the basis of the National_ Consumers Price Index for Urban, Wage.. Earners and Clerical Workers ublished for the month of June by the Bureau of Labor Statistics, United States Department of Labor ( 9 = ). The budget of the commission chairman shall be double that of an individual commissioner. The above subsection (a) shall become operative if the executive -mayor charter amendment, known as Charter Amendment No. 1, scheduled for referendum on July 9, 1985 becomes effective; if such Amendment does not become effective, the following subsection (a) will become operative: (a) Regular and primary elections of commissioners. A regular municipal election for the election of commissioners shall be held on the second Tuesday after the first Monday in November in odd -numbered years. A nonpartisan primary election of the nomination.of candidates for the commission shall be held on the first Tuesday after the first Monday in November in odd -numbered years. Any person who possesses the qualifications requisite to an elector at the general state election, and who registers to vote as may be prescribed by ordinance shall be a qualified elector of the city. All elections held in the city shall be conducted and held according to the provisions of the general elections laws of the State of Florida, except as otherwise provided for in this charter except the commission shall be substituted for a board of county commissioners. The name of any elector of the city shall be printed upon the primary ballot as a candidate for nomination of the office of mayor or commissioner upon paying to the city the sum of $100 to be deposited with the city clerk as a qualifying fee not less than 45 days prior to the date of the primary election; said elector shall submit concurrently therewith a sworn statement of his or her name, address, occupation, group in which the elector wishes to run, and willingness to serve, if elected. All such qualifying fees shall be deposited with the said city clerk no later than 6 : 00 p.m. on the forty-fifth day prior to the election. The commissioners and mayor shall be elected as follows: (1) Districts. For the purposes of electing members to the city commission, the city shall be divided into four istricts, which districts shall be numbered District I through District IV. All persons desiring to qualify as candidates �missioner from the single member districts s e in the d1strict in which they reside. al: r (2) At --Large Groups; Mayor. There shall also be three members of the city commission,_ including tile mayor, elected at large. All personsl desiring to qualify as candidates for commissioner at large shall file in At -Large Group 1, or At -Large Group 2. All persons desiring to qualify as candidate for mayor shall file in the group named Mayor, (3) Terms of office and recall. The mayor shall be elected at the November, 1985 general municipal election and at the general municipal election each four years thereafter. The commissioners in District I, District II, District III, and District IV shall be elected at the November,1985 general municipal election and serve terms of two years. The commissioner in At -Large Group 1 shall be elected at the November, 1985 general municipal election to serve a four year term. The commissioner in At -Large Group 2 shall be elected in November, 1985 to serve an initial term of two years and thereafter shall serve four year terms. (4) District Boundaries and Boundaries Committee. The initial district boundaries having been recommended by the City Manager are attached hereto and adopted by the City Commission. Such boundaries maintain both ethnic and neighborhood representation, giving the highest priority to the factors of ethnicity and equality so as to assure to the greatest degree possible that all citizens are represented. a A boundaries committee is hereby established. It shall be impanelled immediately after the official results of each Federal Decennial census is confirmed to redefine the boundaries of the districts. The boundaries committee shall be comeosed of one person nominated by each member of the commission, plus the following additional individuals: The Chief Judge of the Eleventh Judicial F11 Yn1f i * in anA FAY n=Ae Ell --. A - University of Miami Law School or St. Thomas of Villanova School of Law to serve. (ii) The Presidents of the Dade Countv Bar Association, the Black Lawyers Association, the Cuban -American Bar Association, and the Florida Association for Women Lawyers, Dade County Chapter. If any of these individuals is unwilling or unable to serve, their respective associ t ons shall name a replacement. If any such organization ceases to exist then a like organization shall be designated by the City commission with the consent of the Chief Judge of the llth Judicial Circu t in and for Dade County, Florida. -7- M 4 1 0) A quorum shall consist of a majority of the total members. The boundaries committee shall have a budget of $20,_000.00 for staff, _secretarial services, statistical and legal _work. The city attorney shall be available to perform legal services as required by the committee. The boundaries committee shall meet all constitutional requirements and shall attempt to maintain the same ethnic and neighborhood representation as the original districts, diving he highest priority to the factors of ethnicity and equality so as to assure to _the greatest degree possible all citizens are represented. In defining the boundaries of the d stricts, the boundaries committee shall observe federal and state laws and county ordinances concerning the establishment and int�ri� of voting precincts. The boundaries committee shall adopt its own rules of procedure; and its findings, determinations, and conclusions shall be final and binding. (c) Vote required. If a candidate for office of mayor or commissioner receives a majority of votes in the primary election in his or her group or district, he or she shall be considered elected upon the declaration of the result of the election as hereinafter provided. If there is no majority, the two candidates for nomination of the office of mayor or commissioner who receive the greatest votes in the primary election in each group or district shall be placed on the ballot at the next regular municipal election following the primary election. The candidate for nomination receiving the greater vote in each such group or district in the -regular-men3etpsl such election following the primary election, if otherwise qualified, shall be elected to office from such group. A tie between two or more candidates for any office shall be decided by lot under the direction of the city clerk. Section 2. The City Commission hereby submits the following proposed Charter Amendment for submission to the qualified electors of the City of Miami at a special municipal election on July 9, 1985 for the purpose of expanding the city ` commission from five to seven members, four of which are to be elected on the basis of single member districts and three of which are to be elected at large if the executive mayor charter amendment, known as Charter Amendment iJo. 1 scheduled for referendum on July 9, 1985 is passed by the electorate and becomes effective; and if such proposed Charter Amendment No. 1 -- does not become effective, expanding the commission from five to ' seven members with four members being selected from single member districts and three members, including the mayor, being elected at large; establishing the dates for the election of the Mayor and Commissioners; establishing the boundaries of the 1 initial districts; and establishing a boundaries committee to be impanelled immediately after the official results of each Federal 1 Decennial Census to redefine such districts. The following proposed Charter Amendment No. 2 shall repeal all Charter i sections or parts thereof insofar as they are inconsistent or in j conflict with the provisions of the proposed Charter Amendment. i Provided, however, in the event of a conflict between this Charter Amendment and proposed Charter Amendment No. 1 scheduled i for referendum on July 9, 1985, the provisions of Charter Amendment No. 1 shall be controlling with respect to the powers and duties of the mayor and the salaries of the mayor and commissioners, while the provisions of this Charter Amendment shall be controlling with respect to the terms and election dates of the Mayor and Commissioners if both such Amendments are passed by the electorate and become effective. The proposed Charter Amendment shall become effective upon passage by the electorate. CHARTER AMENDMENT NO. 2 Sections 4, and 13-B of the City of Miami Charter, Chapter 10847, Special Acts, Laws of Florida, 1925, as amended, are hereby further expressly amended in the following particulars:2 ra "Sec. 4. Form of government. (a) General description. The form of government of the City of Miami, Florida, provided for under this Charter shall be known as the commission -manager plan"and the commission shall consist of five-Jb} seven (7) citizens, who are qualified voters of the city and wFo shall be elected at -large in the manner hereinafter Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -9- provided. The commission shall constitute the governing body with powers (as hereinafter provided) to pass ordinances, adopt regulations, and appoint a chief administrative officer to be known as the 'city manager, and exercise all powers conferred upon the city except as hereinafter provided. (b) Election of commission and mayor; terms of office; recall; districts and at=large groups. The commission shall consist of fear #5} seven (7) members, whe-she44-be-a}eeted-frets-the-e4ty-et-large-4n groups numbered l through VT as follows: four (4) members shall be elected from districts, numbered District I through District IV and three (3) members shall be elected from the city at large in groups numbered At -Large Group 1, At -Large Group 2, and At -Large Group 3 as hereinafter provided. The Mayor shall be elected from the city at large in a group called Mayor. ene-ef-said-eemF ssienere-shell-be-the mayor-end-shall-be--elected-by--the-people-from-the group to be numbered f and all persons desiring to qualify-es-eandidate-f er-mayor- shall -f44e-4n-group-l: the-mayor-shell-have-the-pewer-set-forth-in-the-eharter of the e4ty of M4am4 in Bede esenty= Fier4da: All parsens-desiring-to-qualify-for-eommissieners-shall file-in-groups-numbered-ff-through-V:-eemmissieners-4n groups numbered ff and flf shell be elected at the general-eleetiene-to-be-held-in-the-pear-l955-and-at eaeh- general -eleetlen-eeeh-feer-{4}-years-thereafter: eemm4ssieners in groups numbered lid and V shell be eleeted-st-the-general-eleet4ens-to-be-held-in-the-beer 195:�-end- at- eneh-general -eleet4en-eeeh-four-{4�-years thereafter:--The-mayor-shall-be-eleeted-at-eeeh-general eleet4en-and-shell-held-offiee-far-a-term-ef-tMe-{�} years. (1) Districts. For the purposes of electingmembers to the city commission, the city shall be divided into four (4) dis rtrt icts, which districts shall be numbered District I through D strict IV. All persons desiring to qualify as candidates for commissioner from the districts shall file in the district in which they reside. (2) At -Large Groups; Mayor. There shall also be three (3) members of the city commission and the Mayor elected at large. All persons desiring to 5uality as candidates for commissioner at large shall file in At -Large Group 1, At -Large Group 2# or At -Large Group 3. All persons desiring to qualify as candidate for ma.- r shall file in the group named Mayor. (3) Terms of office; resignation and recall. The mayor shall be elected at the November, 1985 general municipal election and at the general municipal election each four (4) years thereafter. The commissioners in District I, District II, District III, and District IV shall be elected at the November, 1985 general municipal election and shall serve two (2) year terms. The commissioners in At -Large Group 1 and At -Large -10- W Group _ 2_ ashall _ be elected at m nicipal election to sery The commissioner in_ At-L cted at the.. November, 11 0 er to serve four November, 1985_general r (4) near terms. 3roup _ 3 shall_ b un cipal genera two (2) vears an ar terms. The mayor and all commissioners are to hold office until their successors are elected and qualified from twelve o'clock noon of the day after the canvass of the vote and the declaration of the result of the election. The mayor and all ether members of the commission shall be subject to recall. Vacancies shall be filled as provided in seetion-13-h-of the charter. of-the-eity-of-Mietni If a candidate for office of mayor or commissioner receives a majority of votes in the primary election in his/her group or district, he/she shall be cons idere-elected upon and aft er the canvass of the vote and the declaration of the result of the election as hereinafter provided. If there be no majority, the two (2) candidates for nomination of the office of mayor or commissioner who receive the greatest vote in the primary election in each group or district shall be placed on the ballot at the next regular municipal election following the primary. as-provided-in-seetion s of this eharter. The candidate for nomination receiving the greatest vote in the -regainr-nanieipn1 such election following the primary election, if otherwise qualified, shall be elected from the group or district in which he/she is qualified. Any incumbent commissioner desiring to run for the office of mayor or for another commission seat shall present an irrevocable resignation of his her present office of city commissioner to the city commission not less than ninety (90) days prior to the date of election, whether primary or general, and said resignation shall become effective on the date of the election Upon receipt of said resignation the commission shall make a public announcement of the resignation and instruct the clerk to accept qualified candidates to run for election for the unexpired term of the commissioner resigning for the purpose of running for mayor. If any mayor or commissioner elected under the provisions of this act desires to run for some elective office other than the mayor or city commissioner, then under such circumstances he/she shall not be required to resign his/her city of ice unless and until he/she has been elected to such other elective office. In the event that such mayor or commissioner is elected to such other elective office other than that of mayor or commissioner, he/she shall immediately resign his/her office as mayor or commissioner and upon his her failure or refusal to do so he/she shall be discharged and ousted from his/her office and said office declared vacant by a maj6rr1ty vote of the remaining members of the city commission. The annual administrative expenses of the commission shall be united to the amount of actual a ministrat ve expenses durl.ng fiscal year 1 - 5 ProvideProvidea that every year such limitation shall be determined on the basis of the National Consumers Price Index for Urban Wage Earners and Clerical Workers published for the month of June by the Bureau of Labor Statistics, United States De artment of Labor ( - . The budget of the commission chairman shall be double that of an individual commissioner. -11- i The above subsection (b) shall become operative if the executive -mayor form of government charter amendment becomes effective; if such amendment does not become effective, the following subsection (b) shall then become operative: (b) Election of commission and mayor; terms of office; recall; districts and at -large groups. The commission shall consist of five-{5} seven (7) members, who-steel}-be-elected-Prone-the-tity-et-+ergo-in-greeips numbered-f-through-V: as follows: four (4) members shall be elected from districts, numbered District I through District IV and three (3) members, including the Mayor, shall be elected from the city at large n groups numbered At -Large Group 1, At -Large Group 2, and a Group named Mayor. Ane-of-said-eommissioners-shal+ be-t e-mayer-and-shall-be-eleeted-by-the-people-from the-greap-to-be-numbered-f-and-all-persene-desiring-te qualify-as-eandidate-fer-nmayer-sha+l-file-in-graeip-+- The-:payer-shall-have-the-pewer-set-forth-in-the-eharter of the eity of Miami in Bade eennty= Florida: A}} peraene-desiring-te-geialify-for-een+missieners-eha}} file-in-greeips-nun+bored-f �-thret>gh-V---een:nrissieners-in groups numbered ff and fff shall be a+eeted at the general-eleet4ene-to-be-held-in-the-year-+955-and-at each-genera+-eleetion-eaeh-feer-14}-years-thereafter: eenmiesieners in groups numbered fV and V shall be elected-at-the-general-eleetione-to-be-held-in-the-year 195q-and-at-eaeh-genera+-eleetien-eaeh-Peer-i4f-yeare thereafterv--The-mayor-sha+l-be-eleeted-at-eaeh-general electien-end-shall-held-office-far-a-term-ef-twe-42} years: (1) Districts. For the purposes of electing members to the city commission, the city shall be divided into four dis ricts, as determined by the boundaries committee, which districts shall be numbered District I through • District IV. All persons desiring' to 5ualify as candidates for commissioner from the districts shall tile in the district in which they reside. (2) At -Large Groups; Mayor. There shall also be three members of the city commission including the mayor elected at large. All persons desiring to qualify as candidates for commissioner at large shall file in At -Large Group 1, or At -Large Group 2. All persons desiring to ualif as candidate or mayor s all file in the group name r Ma or. (3) Terms of office and recall. The mayor shall be elected at the November, 1985 general municipal election and at the general municipal election each four years thereafter. The commissioners in District I, District II, District III, and District IV shall be elected at the ql . -12- M �. p dY d 1 November, 1985 general municipal election and shall serve two year terms. The commissioner elected at the Novem election to serve four I The commissioner elected at the Novemt election to serve an thereafter shall be elec n At -Large Group 1 shall be ier, 1985 general municipal gar terms. in At -Large_ Gro3u2 ►er,_ 1985 munic nitial term of two !ted to serve four 2 shall b )al_ genera years, an ear terms. #b}--sjeet4en of eemmiss4en; teems of eff4ee; reeall: The commission shell eens4st of f4ve -(4 members--who-shall-be-efeeted-from-the-eity-at-large-in groups numbered 4 through Vr one 41} of said eemm4994enere-shall-be-the-Mayer-and-shall-be-efeeted by--the-people-from-the-group-to-be-numbered-l-and-all persons des4r4ng to qualify as eand#date for mayor shell-file-in-group-l:-�Phe-mayor-shall-hove-the-porter set- forth - in- the-eharter-ef-the-city-ef-miam4-in-9ade eeuntyT-Pler4dar--All-persons-desiring-te-qualify-for eemmis94eners-shell-file-in-groups-numbered-fl-through i�r-een+�#s9teners-in-greaps-na�nbered-lf-and-lfl-shell-be efeeted-at-the-general-eleetiene-to-be-held-in-the-year 4955-end-at-eaeh-general-eleet4on-eaeh-fear-44}-years thereafterr-eemmi99ieners-in-greaps-numbered-lei-and-�i shall-be-efeeted-at-the-general-eleetiene-to-be-held-in the-bear-1959-end-et-eaeh-general-eleet4en-eaeh-fear 1 4f-years-thereafterv--The-mayer-shall-be-efeeted-st eaeh-general-eleet4en-end-shall-held-effiee-fer-a-term of twe 42} year9r The mayer and all eemmissieners fare}-te-held-offiee-until-their-sueeessere-are-efeeted and-qualified-frem-twelve-e=eleek-peen-ef-the-day-after the canvass of the vote and the deelarat4en of the result of the eleet4en-. The mayor and ell ether members-ef - the- eemmissien-shall-be-subjeet-to-reeall: Vaeaneles-shall-be-filled-es-provided-in-seet4on-l3-A ef-the-eharter-ef-the-city-of-Miami: If a candidate for office of mayor or commissioner receives a majority of votes in the primary election, in his/her group or district, he/she shall be considered elected upon and after the canvass of the vote and the declaration of the result of the election as hereinafter provided. If there be no majority, the two (2) candidates for nomination of the office of mayor or commissioner who receive the greatest vote in the primary election in each group or district shall be placed on the ballot at the next regular municipal election following the primary. as-provided-in-seetlen 8 of this eharter: The candidate for nomination receiving the greatest vote in -the -regular -municipal such election following the primary election, if otherwise qualified, shall be elected from the group or district in which he/she is qualified. Any incumbent commissioner desiring to run for the office of mayor or for another commission seat shall present an irrevocable resignation of his/her present office of city commissioner to the city commission not less than ninety (90) days prior to the date of election, whether primary or general, and said resignation shall become effective on the date of the election. Upon receipt of said resignation the commission shall make a public announcement of the resignation and instruct the clerk to accept qualified candidates to run for election for the unexpired term of the commissioner resigning for the purpose of running for mayor. If any mayor or commissioner elected -13- F a under the provisions of this act desires to run for some elective office other than the mayor or city commissioner, then under such circumstances he/she shall not be required to resign his/her city office unless and until he/she has been elected to such other elective office. In the event that such mayor or commissioner is elected to such other elective office other than that of mayor or commissioner, he/she shall immediately resign his/her office as mayor or commissioner and upon his her failure or refusal to do so he/she shall be discharged and ousted from his/her office and said office declared vacant by a majority vote of the remaining members of the city commission. (c) District Boundaries and Boundaries Committee. The initial boundaries having been recommended_ by the City Manager are attached hereto and adopted by the City Commission. Such boundaries maintain both ethnic and neighborhood representation giving the highest priority to the factors of ethnicity and equality so as to assure the greatest degree possible that all citizens are represented. A boundaries committee is hereby established. It shall oe impanelled immediately after the official result of each Federal decennial census is confirmed to redefine the boundaries of the districts. The boundaries committee shall be composed of one person nominated by each member of the commission, plus the following additional �individuals: (1) The Chief Judge of the Eleventh Judicial Circuit in and for Dade County_,_ Florida, who shall serve as chairperson or appoint the chairperson from the members of the committee; if he she is unable to serve, the Dean of the University of Miami School of Law or St. Thomas of Villanova School of Law will be appointed by the mayor to serve as a substitute. (2) The Presidents of the Dade County Bar Association, the Black Lawyers Associa tion, the Cuban -American Bar Associa- tion, and the Florida Association for Women Lawyers, Dade Co�inty Chapter. If any of these individuals is unwilling or unable to serve, their respective associations shall name a replacement. If any such organization ceases to exist f then a like organization shall be designated by the commission with the consent of the Chief Judge of the llth Judicial Circuit in and for Dade County, ' I Florida. A quorum shall consist of a majority of the total ` members. The boundaries committee shall have a budget of twenty thousand dollars ( 20,000.00) for staff, jsecretarial services, statistical and legal work. The '` city attorney shall be available to perform legal services as required by the committee. w The boundaries committee shall meet all constitu- tional requirements and shall attempt to maintain the same ethnic and neighborhood representation, giving the �x highest priority to the factors of ethnicity and ,. -14- o •V ,,"*N equal-it.y so as to assure to the greatest degree possible all citizens are represented. In defining the boundaries of the districts, the boundaries committee shall observe federal and state laws and county ordinances concerning the establishment and integrity of voting precincts 6 The boundaries committee shall adopt its own rules of procedure; and its findings, determinations, and conclusions shall be final and binding. ie} (d) Qualifications of commission; commissioners and other officers and employees not to be interested in contracts, etc.; franks, free tickets, passes or service. Members of the commission and mayor shall be residents of the city and commissioners running in districts shall be residents of the district from which he she seeks to be elected and have the qualifications of electors therein at the time of filing for such seat. Commissioners and other officers and employees shall not be interested in the profits or emoluments of any contract, job, work or service for the municipality. Any commissioner who shall cease to possess any of the qualifications herein required shall forthwith forfeit his/her office, and any such contract in which any member is or may become interested may be declared void by the commission. No commissioner or other officer or employee of said city shall accept any frank, free ticket, pass or service directly or indirectly, from any person, firm or corporation upon terms more favorable than are granted to the public generally. Any violation of the provisions of this section shall be a misdemeanor. Such prohibition of free service shall not apply to policemen or firemen in uniform or wearing their official badges, where same is provided by ordinance. id} (e) Commission to be judge of its own election; not to dictate appointments by or interfere with city manager. The commission shall be the judge of the election and qualifications of its own members, subject to review by the courts. Neither the commission nor any of its committees or members shall dictate the appointment of any person to office or employment by the city manager, or in any manner interfere with the city manager or prevent him from exercising his own judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry, the commission and its members shall deal with the administrative service solely through the city manager and neither the commission nor any member thereof shall give orders to any of the subordinates of the city manager, either publicly or privately. Any i such dictation, prevention, orders or other interference on the part of a member of the commission with the administration of the city shall be deemed to be violation of the Charter, and upon conviction before the city court any member so convicted shall be subject to a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term of not exceeding sixty (60) days or both, and in the discretion of the court shall forfeit his office. fie} (f) Election of officers by commission; rules of commission; quorum. The commission shall elect a city manager, a clerk, a city attorney, a �ridge of the t unie4pal eerirt and civil service commission, but no member of the commission shall be chosen as manager or as a member of the civil service -15- commission or to any other city office or employment. The commission may determine its own rules of procedure, may punish its own members for misconduct and may compel attendance of members. A majority of all the members of the commission shall constitute a quorum to do business, but a smaller number may adjourn from time to time. if} (g) Meetings of commission; to act by ordinance or resolution, form of, manner of passage and publication of ordinances. At twelve o'clock noon on the day the commissioners take office, they shall meet at the city hall. Thereafter the commission shall meet at such time and place as may be prescribed by ordinance or resolution. The meetings of the commission and all sessions of committees of the commission shall be public. The commission shall act only by ordinance or written resolution; and all ordinances and resolutions, except ordinances making appropriations, shall be confined to one (1) subject which shall be clearly expressed in the title. The ordinances making appropriations shall be confined to the subject of appropriations. No ordinance shall be passed until it has been read on two (2) separate days or the requirement of reading on two (2) separate days been dispensed with by a fear-ftfth9-f4f8} two-thirds (2/3) vote of the members of the commission Ordinances shall be read by title only. Copies of proposed ordinances shall be furnished to each commissioner and shall be made available to all interested persons. The ayes and noes shall be taken upon the passage of all ordinances or resolutions and entered upon the journal of the proceedings of the commission, and every ordinance or resolution shall require on final passage, the affirmative vote of a majority of all members. No member shall be excused from voting except on matters involving the consideration of his/her own official conduct, or where his/her financia-1 interests are involved. fg} (h) Powers and duties of mayor. The mayor shall preside at meetings of the commission and perform such other duties, consistent with his/her office and this Charter, as may be imposed by the commission. He/she shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the governor for military purposes. In time of public danger or emergency, he/she may, with the consent of the commissioners, take command of the police and maintain order and enforce the laws. During his absence or disability his/her duties shall be performed by another member appointed by the commission. .. -Eh} (i) Salaries of commission. The commission shall set the salaries for the mayor and commissioners. vie. �Phere-aha��-be-pa#d-te-the-een+�n�9seners-ef-the-E�ty-ef Mi&Mi7-Pier4da7-by-the-Efty-of-Mtamf-as-eempeneat#enT the-sem-ef-ftve-thed9and-de��ars-{$5T888:88}-per-your for-eeeh-eamm+sa4ener7-pad►able-menthly-tn-twelve-JI8} egna*-tnsta+lment97-end-there-shall-be-paid-by-the-E#ty �=r, .� ef-M#a�n#-te-the-sayer-een��n�sstener-an-add�tfena�-9ux� net to exeeed two thousand five hundred de-11ars L r, -�$8T588.88} annda+ly to be used by the mayor-eemm4:aa oner-te-eever-any -or -all-enterte4nment t„ expenses-ef-the-eff4ee-ef-sayer-eemmf9s#ener-ef-the j Efty-ef-Mtam}T-P�erfda: ,a ' The said eampensatien of f+ve thousand dollars �s 4$57888768} per year #9 to be pa+dT as prev4ded fn -16- 3eetieft- -+ the- pre eeding=paragraph} hereof==begtnning eeeeMber tfi 1-949* to the three #3} ebmMisstenees e}erred=tn=the=rtegnier=eiuhieipai=tteetien-te-be=heid=in NovemberT i949; and the said eompensektion of five thoagaftd=doi+erg-J$51009-099}=ie=te=be-paid-beginning Beee�+ber-ii=�95iT=for=the--ether=two=#�}=eoMmtssieners who-wiii= be- eleeted=at- the- regular=mnnietpai=eieetien to=be-held=in=Nave�nber�=t95t:-=�t=is=understood=that the addittonai eempenestion of two thotteand five hundred del*ars 0 21S99-99} to be paid to the mayor- eommiseioner= as previded in seetien t {the preeeding=paragraph}-hereef=-shalt-be-paid-beginning aeeember-17-1949: Sees=i3-9------ Bieetien-when-terms-ef-four er-mere-eommissioners-exp#re- simaiteneensly:- Where-the-terms-of-four-{4}--er-mare-eamm4esieners expire-simniteneeusly-at-one-generei-eleettoni-then-the number of eemmissioners requited to eoststitate e eemm4ssien-ef-five-{5}-members-sheii-be-eteeted-for-the terms -of -off 4ee-preser4bed-by-seet4en-4-of-the-Charter ef-the-City-of-Mismir Section 3. The provisions of Section 2, in whole or in part, of this ordinance shall only become operative if Charter Amendment No. 1 having been approved by the City of Miami electorate at a Special Municipal Election on September 4, 1984 is ruled invalid by judicial decision, in whole or in part, and in such case, the provisions of Section 1, in whole or in part, of this ordinance shall be void and shall have no force or effect. Section 4. All ordinances or parts of ordinances in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 5. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this ordinance. Section 6. All existing Charter sections or parts thereof and all ordinances or parts of ordinances in conflict herewith, insofar as they are in conflict, are hereby repealed. PASSED ON FIRST READING BY TITLE ONLY this llth day of April , 1985. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day Of , 1985. MAURICE A. FERRE M A Y 0 R ATTEST: RALPH G. ONGIEY CITY CLERK PREPARED AND APPROVED BY: X0BERT F. CLERK CHIEF DEPUTY CITY ATTORNEY APPROVE TO R14 AND CORRECTNESS: LUCIA DOUGH TY CITY ATTORNEY -18-