HomeMy WebLinkAboutM-85-0358: i T r :F •.1i „•1! F LrIRIGA
INTER -OFFICE %1EMOO'ANDUM
Hcnorable Uurice A. Ferre, March 15, 1985
Mayor
/ Form of 6overrunnt
D-03
cqn.� _ Rt-FcNE'_E�
Lucia' A. Dougherty Proposed Charter Amendments
City Attorney
Please find attached the two proposed Charter Amendments on the
Executive Mayor and the Commission District Elections, troth of
which contain the revisions you have requested.
Copies of each ordinance are being distributed to the members of
the City Commission, the City Manager and the City Clerk.
LAD; RFC/rr
cc: Honorable Members of the City Commission
City Manager
City Clerk
//I.85-358
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 1 L;
-o ::J:.. 0:, b=e Maul-_ 6 A. "perf'c DATE. ;---bruary ), 1985 FILE.
SUBjE`' i tems 2 j 1 4/85J City
.
` .t inmis3lan Agenda
�4oM Raridoir)il B. Rcaencrail.a
� AEF tHENCE�
C : ty Manage r
/ ENCLOSURES.
� f
:'iis memorandum will acknowledge your request that the attached
Iwo (2) ordinances regarding the "'Executive Mayor Form of
_'oyernmerit" (C11arter Amendment No. 1) and the "Districting and
Expanding of the Commission from Five to Nine Members" (Charter
.amendment 'To. 2), be placed as "First Reading Ordinances" on the
a<enda for the City Commission Meeting o:: February 14, 1985.
ycu have any questions, please advise.
zaciimen-.s
cc: 'embers of the City Commission
85-358.
J-85-34a
3/14/85
rr/004/D-03
ORDINANCE NO.
AN ORDINANCE SETTING FORTH A PROPOSED CHARTER,
AMENDMENT, KNOWN AS "CHARTER AMENDMENT NO.
1", TO BE SUBMITTED TO THE ELECTORATE AT A
SPECIAL MUNICIPAL ELECTION ON , 1985,
SAID AMENDMENT OF THE CITY CHARTER TO PROVIDE
FOR THE CREATION OF AN EXECUTIVE MAYOR FORM
OF GOVERNMENT FOR THE CITY OF MIAMI AND
DEFINING QUALIFICATIONS, FUNCTIONS AND
COMPENSATION OF THE MAYOR, COMMISSION,
CHAIRMAN OF THE COMMISSION, DIRECTOR OF
ADMINISTRATION, DIRECTOR OF FINANCE AND
BUDGET AND DIRECTOR OF DEVELOPMENT; PROVIDING
FOR THE TERMS OF OFFICE AND ELECTION DATES
FOR FIVE COMMISSIONERS AND THE MAYOR;
DEFINING THE CLASSIFIED AND UNCLASSIFIED
CIVIL SERVICE; SETTING TERMS AND CONDITIONS
OF OFFICE FOR THE CITY ATTORNEY AND CITY
CLERK; REPEALING ALL CHARTER SECTIONS OR
PARTS THEREOF IN CONFLICT; CONTAINING AN
EFFECTIVE DATE OF AUGUST 1, 1986; CONTAINING
A REPEALER AND 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 1985, for the purpose of creating an
Executive Mayor form of government for the City of Miami and
defining qualifications, functions and compensation of the Mayor,
the Chairman of Commission, the Director of Administration, the
Director of Finance and Budget and the Director of Development,
and establishing election dates and terms of office for the Mayor
and five Commissioners, defining the classified and unclassified
Civil Service, and setting terms and conditions of office for the
City Attorney and City Clerk. The following proposed Charter
Amendment shall repeal all Charter sections or parts thereof
85-358.
insofar as they are inconsistent or in conflict with the
provisions of the proposed Charter Amendment. The proposed
Charter Amendment shall become effective on August 1, 1986.
CHARTER AMENDMENT NO. 1
Sections 4, 7, 10, 11, 12, 13,14, 15, 16, 17, 18, 19, 20,
25, 27, 29, and 31 of the City of Miami Charter, Chapter 10847,
Special Acts, Laws of Florida, 1925, as amended, are hereby
further emended in the following particulars:)
"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 leemmission-manager
'executive mayor plan'. The commission shall
constitute the governing body with powers (as
hereinafter provided) to pass ordinances, adopt
regulations, and ratify by a majority vote the
appointments made by the mayor of the director of
administration, director of finance and budget, the
director of development, the city attorney and board
and committee appointments. The commission shall
appoint and supervise a clerk who shall serve an
indefinite term at the will of the commission. appo-int
a-chief-ndminzatrat2ve-effieer-to-be-known-as-the-�eity
manager';-and-exercise-all -powers-conferred-apex►-the
city -except -es -hereinafter -provided.
` (b) H}eetion-of-officers-by-eenunissien; rRules of
commission; limitation; quorum. 9?he-cemmission-shal1
elect -a -city -manager; -a -clerk; -and -a -city -attorney; -bat
nNo member of the commission shall be chosen as -manager
or -given for any other city office or employment. In
the exercise of its legislative functions and powers,
the commission ma enter into consultations with
boar s, officer s and employees of the city whenever in
the judgment of the commission it becomes necessary;
however, neither the commission nor any member thereof
shall interfere with the conduct of any department,
officer or employee in the discharge of his/her duties
nor shall any commissioner interfere with the mayor or
prevent him her from exercising independent judgment in
the appointment of employees. The commission may
determine its own rules of procedure; and punish its
own members for misconduct,, and compel the 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.
fed--Appointment-or-interference-with-employees:
Neither-the-eemmreeien-nor-nny-of-its-members-shall
dietate-the-appointment-of -any -person-to-employment-by
the- eity-manager-or-in-any-msnnger-interfere-with-the
�. city-mnneger-or-prevent-him-from-exercising-his-own
?edgment in the appointment of employees in the
administrative service: Except for the purpose of
:r` 1
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-
85-358.
tnga-izy►-the-ten+�+issien-and-its-members-shall-deal-with
the administrative serviee se+ely threugh the city
maneger; and neither the eemmissien net any member
thereat shell give erders; either pablie+y at
privately; to any of the suberdinates of the eity
manager:-Rny-stseh-dietatfen=-pteventien;-erders;-et
ether interfetenee an the part of a member of the
eemmissien-with-the-administration-ef-the-city-shall-be
deemed-te-be-a-vielatfan-ef-the-ehartet-
{d+ (c) Meetings of commission. 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 times and places 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 mayor, the director of
administration, the director of finance and bud et the
erector of development, the clerk and the city
attorney, or their designees shall attend all regular
meetings of the city commission.
f e3--Pewers-and-duties-of-mayor : --The-mayer-shall
pre side - at- meeting s-ef- the- eemmissien-and-perform-seen
ether duties; eensistent with his effiee and this
eherter7-es-may-be-imposed-by-the-eemmissfen:--Eie-shah
be-reeegn-ized-as-the-effietai-hefld-ef-the-e#tp-ter-afi
eeremenial-per pas es; - by- the-eearts-fer-the-perpese-e£
being -served-with-eivil-preeess;-and -by-the-geverner
fer-military-ptsrpeses---£n-tune-ef-ptibi3e-dflnger-et
emergency; he may; with the eensent of the
eemmissienets;-teiee-eemmand-ef-the-peefee;-maintain
erders-and-cnferee-the-Paws.--Baring-his-absence-er
dissbility-has-duties-shell-be-performed-by-another
member-appa3nted-by-the-eemmissten-
ff+ (d) Salaries of mayor,_ commission, city
attorney, clerk, chairman of the commission, and
directors o a ministration, f finance and bUjqe�_t, and
development. There -shah-be-Patel-te-the-Meyer=-and-te
each-eemm3ssiener-as-eempensetien-the-svm-ef-65;88a-per
year payable monthly in li egaai installments= and
there -shut l-be- paid-te-the-mayor-the-sdditienel-sum-ef
$27590 annually to be used to eever entertainment
expenses-ef- the- effiee-ef-meyer-ef-the-eity-ef-Miami;
Plerida: The commission shall set the salaries and
compensation of the mayor and the chairman of the
commission, the commissioners, and the clerk at the
time each fiscal -year budget is approved. The
salaries of the city attorney, directors o
administration, finance and budget, and development
shall be established by the mayor.
' fgi (e) Ordinances and resolutions; voting_
veto. The- eemmi-Be ian- shell -set-only-by-erdinanee-er
s wr tten resefatten; and aAll 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 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
four -fifths vote of the members or the commission.
Ordinances shall be read by title only. Copies of
proposed ordinances shall be furnished to each commis-
sioner and shall be made available to all interested
persons. The clerk shall record the vote of each
-3-
85-358.
4
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 own official conduct
or on matters in which his financial interests are
involved. No ordinance shall go into effect until 38
15 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 four -fifths of the members of the in
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.
All nonemer ency ordinances assed b the city
commission shall be submitte , be ore going into
effect, to the mayor for his/her a ro val. If
a roved, he/she shall sign the same within 5 days
after assa e; thereu on, it shall become a law but
shall not_go into effect earlier than_15 days after
passage by the commission. If disapproved, he/she shall
do so by filing his/her written disapproval with the
clerk within 15 _days_ and return the measure with
his her objections in writing to the city commission at
or before the first regular commission meeting
following its passage by the commission. The objections
shall be entered in full upon the record of the pro-
ceedings and the commission shall proceed to consider
said objections and to act u on the same. If upon
consideration the city commission shal ass the same
by a four -fifths vote of the entire commission, which
vote shall be entered upon the record, the ordinance or
ordinances shall then become a law, the mayor's
objections to the contrary notwithstanding. Failure to
file a written notice of disapproval with the clerk
within 15 days or failure to return the measure with
the mayor's written objection to the city -commission at
or before the first regular commission meetin
fo lowin the commission's passage of the measure shall
result in the measure becoming a law, not to go into
effect earlier than 15 days after Aassage by the
commission.
( f ) Election of officers by commission; special
meetinos. The commission shall ratify by a majority
vote the appointment made by the mayor of a director of
administration, a director of finance and budget, a
director of development, and acity attorney. The
commission may, a majority vote, call a special
meeting of the commission when it deems Proper or t o
consideration of any business of public import.
Chairman of commission. The chairman of the
commission shall be selected from members o t e
commission by the commission to serve one vear terms
commencing within 15 days after the 1989 general
e ection and Xearlythereafter; if not so selected, the
chairman shall be appointed by the mayor trom members
of the commission. No chairman shall serve more than
four consecutive one- ear terms and, after a two year
erio , may be eligible to serve again.
-4-
85-358.
0 6
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 own official conduct
or on matters in which his financial interests are
involved. No ordinance shall go into effect until 39
15 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 four -fifths of the member: of the in
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.
All nonemer ency ordinances passed b the city
commission shall be submitte , be ore _go ng into
effect, to the mayor for his/her apgroval. If
approved, he/she shall sign the same within 15 days
after passage, thereu on, it shall become a law but
shall not_go into effect earlier than 15 days after
passage by the commission. If disao roved, he/she shall
do_ so by filing his her written disapproval_ with the
clerk within 15 -days and return the measure with
his/her objections in writing to the city commission at
or before the first regular commission meeting
folding its passage by the commission. The objections
shall be entered in full upon the record of the ro-
ceedings and the commission shall proceed to consider
said objections and to act u on the same. If upon
consideration the city commission shall eass the same
by a four -fifths vote of the entire commission, which
vote shall be entered upon the record, the ordinance or
ordinances shall then become a law, the mayor's
objections to the contrary notwithstanding. Failure to
file a written notice of disapproval with the clerk
within 15 days or failure to return the measure with
tioe ma or s written objection to the city commission at
or a ore the first regular commission meeting
following the commission's passage o_ t o measure shall
resat in the measure becoming a law, not togo into
effect earlier than 15 days after passage by the
commission.
(f) Election of officers by commission; special
meetings. The commission shall ratify by a ma orit
vote the appointment made by the mayor ot a director of
administration, a director of finance and bud et, a
director of development,an. a city attorney. T e
commission may, by a majority vote, call a s ecia
9—ee—Fli—ng ot the commission when it deems proper or the
consideration of any business of public import.
( ) Chairman
of commission. The
chairman of the
commission shall
be selected from
members of t e
commission by the
commission to serve one year terms
commencin within
S days after the 19 genera
± election an Xearly
thereafter; if not
so selected, the
chairman shall e
appointed the mayor
from members
of the commission.
No chairman shall
serve more than
four consecutive one-year terms and,
after a two year
period, may be eligible
to serve again.
a
-4- 85-358.
6
Sec. 7. Maw Ecomposition of commission;
resignation.
(a) Seats and terms. The commission shall
consist of five 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. Commissioners shall be elected from the
city at large in groups numbered I through V. 8ne-ef
Said-e6mmi-as ieners- shall- be tThe mayor and shall have
the ,same qualifications as the �commissioners _and shall
a be eRed from the city at large in the category
designated ma or, and shall hold office for a term of
four years, but shall not after 1986 be elected for
more than three consecutive full terms of office. by
the-er-a-term-of-twe
years;-free-the-granp-to-be-nnrnbered-f: The mayor and
the group I commissioner shall be ele-cted at the
qeneral elections held in 1986. Commissioners in groups
numbered II and III shall be elected at the general
elections to be held in the year 1955 1988 and at each
general election each four years thereafter.
Commissioners in groups numbered IV and V shall be
elected at the general elections to be held in the year
1954 1990 and at each general election each four years
thereafter. The mayor and 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.
Sec. 10. Election of commissioners and mayor.
+a+ Regular and primary elections of
eefmissieners :--A-regttler-m"nteipnf-ejeetfen-fer-the
eieetien-ef-eelnmiasiafters- shall- be -held -en- the- seeend
Tuesday after the first Monday in Nevem6er in
add-
the- memi "atieft- of- eend4dates-f Or- the- eeffim4ssion- shell
be-held-en-the-first-�aesdny-after- the- first- Monday- fn
H evember in add -numbered years: Any person who
possesses-the-qun�ifientien'-requisite-to-nn-elector-at
the -general- state- eleetienT-and-whe-registere-to-vete
ns-may-be-prescribed-by-ordinance-shall-be-a-ganitfted
elector-af-the-tttq---Ali-elections-held-in-the-city
shflii-be-conducted-and-held-according-te-the-previsions
ef- the- generei-eieetien'-laws-ef-the-State-ef-Pieridn7
except -as -otherwise -provided -for -in -this -charter -except
the eemmissien shall be substituted for a beard of
county-eammissienerss-the-name-ef-any-elector-ef-the
city shall be printed open the primary ballet as a
candidate fer meminatien of the office of Mayer or
commissioner-open-paying-te-the-city-the-sesm-ef-$�6A-te
be- deposited - with- the- eity-eierk-as -a-gnaitfY3ng-fee
net-less-then-45-days-prier-te-the-date-ef-the-pris�ary
eieetiert said eieeter shah submit eaneerrent-ly
therewith a sworn statement of his or her nafte=
address-eeeupntien=-group-in-which-the-elector-wishes
to -rangy -and-wiiiingneas-te-serve=-if-elected:--Ali-stseh
qualifying -fees-shah -be-deposited-with-the-said-city
cleric-ne-inter-then-6-66-p:m:-en-the-forty-fifth-day
prier-te-the-eieetien:
-5-
85`.3St
(a) All elections for mayor and members of the
commission shall be nonpartisan and no ballot shall
show the party designation of any candidate. No
candigate shall be required to pay any partyassessment
or state the partX of which he/she is a member or the
manner in which he/she voted or will vote in any
election.
All candidates for the office of mayor or
city commissioner shall qualify with the city clerk no
earlier than the 63rd day and no later than noon on the
49th da prior to the date of the election at which
' he/she is a candidate in the method provided by law or
ordinance, and shall pay a filing_fee of S300_. All
filing fees shall be paid into the general. funds of the
city. The elections shall be held at the time of the
state primary elections.
A candidate must receive a maioritv of the
votes cast to be elected. If no candidate receives a
majority of the votes cast there will be a runoff
election at the time of the state second primary
election between the two candidates receiving the
highest number of votes.
Except as otherwise provided in this charter,
the terms of office of the mayor and the commissioners
shall commence on the second Tuesday next succeedin
the date provided for th_P state second primary
election.
These dates correspond with the election for
the Metropolitan Dade County Commissioners. Should the
Metropolitan Dade County Commissioner election dates
change, the dates for the City of Miami elections will
likewise change to the same dates.
(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, 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
category shall be placed on the ballot at an election
held on the state second the-next-regaler-midntefpa-1
e4eetten-fed ewing-the primary election. The candidate
for nomination receiving the greater vote in each such
group or category in such
election following the primary election, if otherwise
qualified, shall be elected to office from such group
or category. A tie between two or more candidates for
any o fice shall be decided by lot under the direction
of the city clerk.
Sec. 11. Filling vacancies in commission:_ mayor.
A vacancy en the eemm-issien in the office of
commissioner caused by death, resignation, or other
causes shall be filled by a majority of the remaining
commissioners within 10 days after such vacancy occurs.
-6-
85-358.
0 0
The commission shall likewise fill such a vacancy in
the office of the mayor. The term of office of the
person so appointed shall be until a successor in
office is elected and qualified at the next general
election. earl ier-ef---t}}-the-first-genera-e�eetien
for-ee�nmissienera-held-pnrsannt-te-this-charter;-er-f�}
the-first-state-generai-eieetter:
in the event that the remaining commissioners
shall fail to fill such vacancy within 10 days after it
occurs, the city commission shall immediately call a
special election to be held at a date not less than 45
or more than 60 days after the expiration of the said
10-day period, for the purpose of having the electors
fill the vacancy. persons otherwise qualified for
office shall have 10 days from the call of the election
within which to file the statement and pay the fee
required of candidates in regular municipal elections.
The person who receives the greatest number of votes in
said special election shall be deemed to be elected for
a terms of office ending when his or her successor is
elected and qualified at the next general election held
pursuant to this charter.
If there is more than one vacancy on the
commission, there shall be only one election, and the
persons receiving the greatest number of votes shall be
elected to fill the vacancies, for terms ending at the
next general election. Elections held subsequent to
the filling of vacancies shall, if when necessary, be
for shortened terms, in order to preserve the sequence
of staggered terns provided for in this charter.
Sec. 12. Commission may investigate official
transaction, acts, and conduct.
The mayor and the commission; or any committee
thereof duly authorized by the commission or mayor so
to do, may investigate the financial transactions of
any office or department of the city government and the
official acts and conduct of any city official, and by
similar investigations may secure information upon any
matter. In conducting such investigations the mayor or
the commission-; or any committee thereof, may require
the attendance of witnesses and the production of
books, papers, and other evidence, and for that purpose
may issue subpoenas which shall be signed by the
presiding officer of the commission or the chair
chairperson of such committee, as the case may be, and
which may be served and executed by any police officer.
See--i3:--Eity-manager--J�ppointment;-ganiifienttens;
term;-aainry;-sickness-er-absence=-removn�;
powers-and-daties;-examinations-
fn}--�ppeintment;-gnniifientiena;-term;-aninry;
absenee: The commission shaii within 36 days after
taking -off ice-appoint-a-City-manager;-Mho-shal+-be-the
administrative-heard-of-the-munieipai-government-and
who sha1-1 be responsible for the efficient
administration -of -the-city.---Fie-or-she-shaii -be-chosen
by a vote of the majority of the members of the
eemmissien-en-the-basis-ef-exeentive-and-administrative
ganiif icntiens:-He-or-she-may-er-may-net-be-a-resident
ef-the-city-or-ef-the-State-of-Pierida: --He-member-ef
-7-
85-356.
the -eity-eemmisSion- Shall - be- appointed-eity-manager:
The -city-manager-shall-held- off ice-at-the-at}}-ef-the
eemmissien and shall receive Stith salary as may be
fined-by-the-eemmissien:-ln- ease- ef-the-siekness-er
absenee-ef- the- eity-manager;-the-eemmissien- may- appeitit
another-qualified-person-to-act-for-ttie-city-manager;
and-all-sack-acts-ef-the-persen-se-appointed- Shall- be
as-valid-as-thetigh-pert erened-by-the-eity-manager:-The
person appeinted by the commission to act es city
manager during the absence or siekness of the city
manager- shall - met- be-paid-any-additional-eempensatien
for-his-ser�iees-as-acting-city-manager:
fbi--Reme-val-of-may
reme�ve the city manager by a ma�erity vete of its
members.---Rt-least-3B- days- befere-sack-reme�al-sha}}
beeeMe-eff eeti Ve;-the-eemmissien-shall;-by-a-majority
,+ete-ef-its-memberS,-adept-a-preliminary-reseltitien
stating- the- reds ens- for-has-reme�a}:-the-city-manager
may-reply-in-ariting-and-map-request-a-public-hearing;
ahieh-shall-be-held-net-earlier-than-�9-days-tier-Inter
then-38-days-af ter-the-f ding -of -sack -request: --After
sack-ptiblte-hearing;-if-one-be-requested;-and-after
full-censideratten- the -
of its members; may adept a final reseltitien of
reme-fal.
f e+--R ewers- and-d uttes---the-peaers-and-duties-ef
the-city-manager-shall-ye-
}�--te-see- that-the-lass-and-erdinanees-are
enferced
f2}--te-appoint-and-rema�e;-except-as-herein
preVided; all directors of the
departments -and- all -suberd#Hate-effteers
and-employees-tn-the-departments-in-both
the- elasstfted-and-anelesstfied-set�vice-
a}�-appointments-are-te-be-open-merit
and-fatness-a}one;-and-in-the-classified
ser�iee=-all-appointments-and-remebals
are- to-be-subject-te-the-ettrtl-serviee
proaistens-ef-tuts-charter-
i f3}--te-exercise-eentrel-ewer-all-departments
and- dt�Vtstens- created- herein - or- that- may
� be-hereafter-treated-by-the-eemmissien-
1 fib--te-attend-n}l-meetings-ef-the-eem�+iSsten
and- pflrtietpate-tn-the-dtseassten;-flat
net-te- bete--
fa}--te recommend to the commission ter
adoption-saeh-�+easures-as-he-may-deem
neeessflry-er-expedient;
f6�--te-ieeep-the-eemmissten-fully-ad�►ised-as
ta-the-ftnanetel-eendttien-end-needs-ef
s
the-etty; -ar►d
3
���--te-perform-saeh-ether-duties-tie-may-be
prescribed by this charter or be
required of him by ordinance or
reselatien-ef-the-ee�tmisaien�
9:
td---Rxaminatien of affairs of departments;
off icers-er-empleyees:--The-eity-manager-nay;-aitheat
t
-8-
0 0
net tee;-e4aase-the-affa+rs-ef -any -department-er-the
eendaet-ef-flap-effleer-er-er+p�epee-to-be-exam#ned:--Anp
persen er persens appe#rated by the ettp Iranaler to
exa�rine-the-affa#rs-of-anp-department-er-the-eendaet-ef
anp-eff#eer-er-er+p�epee-sha��-hare-the-same-r#c�ht-te
regaf re -the- attendance-ef-�#tresses-and-predaetfen-ef
beeks- and- papers- and- ether- e�V3deneed-es-4s-eenferred
apex-the-ee�rrtss3en-by-this-charter:
Sec. 13. Mayor, chief executive officer;
powers and duties; other officers,
qualifications and removal.
this
min-
tt es
(1) to serve as the official head of the city for
all ceremonial purposes and shall be the
official spokesperson for the city;
(2) to be recognized by the courts for the
purpose of serving civil process, and by the
governor for military purposes and may
declare a state of emergency in time of
public danger or emergency;
(3) to appoint the city attorney, the director
of administration, the director of finance
and budget and the director of development
with the ratification ation of the commission;
(4) to supervise the directors of administration,
finance and budget, and development; any one
of whom may be appointed by the mayor to
serve as deputy mayor in absence of the
mayor. Such appointment shall be subject to
ratification by the commission. It such
ratification is not made within 15 days the
appointment shall be deemed ratified. If the
commission rejects all the appointments, the
mayor shall have the power to select one of
such officers to serve as deputy mayor;
(5) to enforce the charter and ordinances of the
city and all general laws applicable
thereto;
(6) to present recommendations to the commission
on the requirements of the city government
including but not 1 limited to the initiation
of ordinances and other egislation;
(7) to prepare_ all commission _agendas and to
prepare and submit to the commission his/her
recommended annual budget together with an
operating bud et message. The lin7item
budget may_be changed y the commission. The
mayor may veto any change made by the
commission. Such veto may be overridden by a
four -fifths vote of the entire commission;
85-358.
11
0
(8) to exercise a veto power over ordinances or
resolutions adopted by the commission; which
may be overridden by a four -fifths vote of
the entire commission;
(9) to attend all meetings of the commission with
authority to take part in the discussions, or
direct any officer or department head to take
part in the discussions, but shall not have
the power to vote;
(10) to appoint the members of the zoning board of
adjustment, the planning advisory board, the
civil service board, the downtown development
authority, the off-street parking board, the
pension boards and any other board the
commission may designate that the mayor
appoint subject to a ratification of a
majority of the commission and the mayor may
remove at will any such board and committee
members. The mayor may also appoint the
members of the boards he/she creates.
(11) To call special meetings of the commission
at any time he/she may deem proper for the
consideration of any business of public
import;
(12) To present an annual status of the city
address.
(b) Qualifications and duties of the director of
administration, director
of finance and 'budget and the
director of development.
The individual or individuals
holding the position of
director of administration,
director of finance and
budget and the director of
development shall have
general oversight of such
departments, boards and
committees as may be assigned
by the mayor. However,
generally, the director of
administration shall supervise
those service depart-
ments such as police, fire, sanitation, and planning
and zoning boards administration; the director of
finance and budget shall oversee the fiscal aspects and
departments of the city; and the director of
development shall be responsible
for those departments
that deal _with long range,
neighborhood, community or
economic development
including housing and
international trade and commerce. Such directors shall
have a minimum of five
years high level government
experience or equivalent private
sector experience.
(c) The city attorne , and the directors of
administration, finance and budget, and development
serve at the will of the mayor and ►nay be terminated
without cause. Termination by the mayor is final.
However, if they wish a public hearing on the firing
they may request one in writing within one week of
being terminated by filing such request with the
office of the city clerk, and the commission shall hold
suchhearing within two weeks of the request Eor
hearing.
Sec. 14. Departments of the city; boards
a -10-
�5--35�
(b) Power to appoint boards or commissions of
citizens. The commission and the mayor may -at-the
regaest-ef- the- eitp-maneger create-eppefnt boards or
commissions, to be composed of such number of citizens
as the commission may deem expedient, to act in an
advisory capacity in conjunction with any one or more
of the departments created or authorized hereby. The
members of all such boards and commissions shall serve
without compensation and may be removed at any time by
a-�►a�erity-mete-ef-the-eernenissien the mayor.
Sec. 15. Directors of departments.
The eity teenager director of administration,
director of finance and budge F and director of
deve opment shall appoint a director for each
i department under his or her supervision and, in-his-er
her diseret*en; the mayor may consolidate two
departments under one director. Each department
director shall serve at the will of the a#ty-teaneget
above -named directors of administration, finance, and
r budget, and development; shall be responsible for the
} conduct of the officers and employees of the
department, for the performance of its business, and
for the custody and preservation of the books, records,
papers, and property under its control; and, subject to
the supervision and control of the eity-manager mayor
or as appropriate, the directors of administration,
finance an budget or develo ment as the mayor may
designate to-aii-matters, shall manage the department.
Nene of the of this seetien she-1-1 be
app�ieab�e-te-the-departreent-of-faw-
i
T
3
Sec. 16. Department of law.
The city attorney shall be the director of the
department of law. He or she shall be the legal
advisor of and attorney and counsel for the city and
for all officers and departments thereof in matters
relating to their official duties. He or she shall
prosecute and defend all suits for and in behalf of the
city; prepare all legislation, contracts, bonds, and
instruments in writing in which the city is concerned;
endorse on each his or her approval of the form and
correctness thereof; and supervise, control, and be
responsible for all of the legal work of the city.
The city attorney shall have such number of
assistants as the commission by resolution may
authorize.
The mayor, the commission, the-eity-:reneger, the
director of any department, or any officer not
included within a department may require the opinion of
the city attorney upon any question of law involving
their respective power and duties.
The city attorney shall be a member in good
standing of The Florida Bar. He or she shall be a
full-time governmental employee; shall not engage in
the private practice of law;. and-epees-eleetien-by-the
� city-eer+rei3sienz-e�iflii-serene-fen-e-terse-ef-tNe-yeere;
endifig -en-the- day- ef-eeeh-reguier-mtinieipai-eieetien-in
Neae�rber-ef-each-edd-r�a�rbered-yearn
;�A -11-
85-358
0 0
Sec. 17. Finance, department of finance.
(a) Department director. Subject to the
supervision and control of the eity-manager mayor and
the director of finance and budget, the director of
finance shall have charge of the department of finance
and shall administer the financial affairs of the city,
including the keeping and supervision of all accounts,
the levy, assessment and collection of revenues, the
making and collection of special assessments, the
custody and disbursement of city funds and monies, the
control over expenditures, and such other duties as the
commission may by ordinance provide.
(b) Form and manner of keeping accounts and
making reports. Accounts shall be kept by the
department of finance showing the financial
transactions of all departments and offices of the
city. The forms of all such accounts and the financial
reports rendered to or by the department of finance
shall be prescribed by the director of finance and
budget with the approval of the eity-manager mayor. We -
accounts and accounting procedure of the city shall be
adequate to record all cash receipts and disbursements,
all revenues accrued and liabilities incurred, and all
transactions affecting the acquisition, custody, and
disposition of values. The director of finance shall
maze such reports of the financial transactions and
condition of the city as may be required by law or
ordinance. Financial reports shall be prepared for
each quarter and fiscal year and for such other periods
as may be required by the eity-manager mayor.
(c) Budget estimates. Not later than one month
before the end of each fiscal year, the etty-manager
mayor shall prepare and submit to the commission and
make available to the public a budget estimate of the
expenditures and revenues of all city departments,
divisions, and offices for the ensuing fiscal year.
This estimate shall be compiled from detailed
information obtained from the several departments,
divisions, and offices on uniform blanks furnished oy
the eity manager mayor. The classification of the
estimates shall be as nearly uniform as possible for
the main functional divisions of such departments,
divisions, and offices and shall give in parallel
columns the following information:
(1) a detailed estimate of the expenses of
conducting each department, division, and
office;
(2) expenditures for corresponding items for the
last two fiscal years;
(3) expenditures for corresponding items for the
current fiscal year, including adjustments
due to transfer between appropriations, as
well as an estimate of the expenditures
necessary to complete the current fiscal
year;
-12-
85-358
(4) the value of supplies and materials on hand
at the date of the preparation of the
estimate;
(5) increases or decreases of requests compared
with corresponding appropriations for the
current fiscal year, with reasons for such
increases or decreases;
(6) a statement from the director of finance of
the total probable income of the city from
taxes for the period covered by the
estimate;
(7) an itemization of anticipated revenues from
other other sources;
(3) the total amount of the outstanding city
debt, with a schedule of maturities of bond
issues;
(9) the amount required for interest on the city
debt, for sinking funds, and for maturing
serial bonds; and
(10) such other information as may be required by
the commission.
(e) Appropriations for current expenses prior to
passage of annual appropriation ordinance. Before the
annual appropriation ordinance has been passed, the
commission, upon recommendation in writing of the eity
Me" ager mayor, may make appropriations for the current
expenses of the city, chargeable to the appropriations
of the year ohen passed, in an amount sufficient to
cover the necessary expense of the various departments,
divisions, and officers until the annual appropriations
ordinance is in force. No other liabilities shall be
incurred by any officer or employee of the city, except
in accordance with the provisions of the annual
appropriation ordinance.
(f) Transfer of appropriations. Upon request of
the etty-mereger mayor, the commission may transfer any
part of an unencumbered balance of an appropriation to
a purpose or object for which the appropriation for the
current year is insufficient, or may authorize a
transfer between items appropriated to the same office,
department, or division.
(k) Payment of payrolls, bills and claims. No
claim against the city shall be paid except upon a
voucher certified by the head of the appropriate
department or other division of the city and by means
of a check or warrant on the city treasury, issued and
signed by the director of finance and countersigned by
a the chief accountant of the department of finance;
provided, however, that in the event of the illness or
l the absence of the director of finance or the chief
accountant of the department of finance, the eity
jmanager mayor may designate other officers of the city
to sign and countersign such checks or warrants. The
director of finance shall examine all payrolls, bills,
and other claims and demands against the city, and
-13-
-35 8
(4) the value of supplies and materials on hand
at the date of the preparation of the
estimate;
(5) increases or decreases of requests compared
with corresponding appropriations for the
current fiscal year, with reasons for such
increases or decreases;
(6) a statement from the director of finance of
the total probable income of the city from
taxes for the period covered by the
estimate;
(7) an itemization of anticipated revenues from
other other sources;
(8) the total amount of the outstanding city
debt, with a schedule of maturities of bond
issues;
(9) the amount required for interest on the city
debt, for sinking funds, and for maturing
serial bonds; and
(10) such other information as may be required by
the commission.
(e) Appropriations for current expenses prior to
passage of annual appropriation ordinance. Before the
annual appropriation ordinance has been passed, the
commission, upon recommendation in writing of the e-ity
manager mayor, may make appropriations for the current
expenses of the city, chargeable to the appropriations
of the year when passed, in an amount sufficient to
cover the necessary expense of the various departments,
divisions, and officers until the annual appropriations
ordinance is in force. No other liabilities shall be
incurred by any officer or employee of the city, except
in accordance with the provisions of the annual
appropriation ordinance.
( f ) Transfer of appropriations. Upon request of
the e-itp-manager mayor, the commission may transfer any
part of an unencumbered balance of an appropriation to
a purpose or object for which the appropriation for the
current year is insufficient, or may authorize a
transfer between items appropriated to the same office,
department, or division.
(k) Payment of payrolls, bills and claims. No
clai:r against the city shall be paid except upon a
voucher certified by the head of the appropriate
department or other division of the city and by means
of a check or warrant on the city treasury, issued and
signed by the director of finance and countersigned by
the chief accountant of the department of finance;
provided, however, that in the event of the illness or
the absence of the director of finance or the chief
accountant of the department of finance, the etty
manager mayor may designate other officers of the city
to sign and countersign such checks or warrants. The
director of finance shall examine all payrolls, bills,
and other claims and demands against the city, and
8"-358
-13-
shall issue a check or warrant for payment only upon
finding: that the claim is in proper form, correctly
computed, and duly certified; that it is justly and
legally due and payable; that an appropriation has been
made therefor which has not be exhausted or that the
payment has been otherwise legally authorized; and that
there is money in the city treasury to make payment.
The director of finance may require any claimant to
make oath as to the validity of a claim, may
investigate any claim; for that purpose may examine
witnesses under oath.
} (m) Audit and investigation of accounts of
officer when office vacant. Upon the death,
resignation, removal, or expiration of the term of any
officer of the city, other than the director of
finance, the director of finance shall cause an audit
and investigation of the accounts of such officer to be
made and shall report to the efty-►eanager mayor.
Sec. 18. Chief procurement officer.
(a) The eity-manager mayor shall appoint a chief
procurement officer who shall supervise all purchases
for the city in the manner provide; by ordinance and
who shall, under such procurement methods as may be
prescribed by ordinance, supervise sales of all real
and personal property of the city not needed for public
use or that may have become unsuitable for use. The
chief procurement officer shall have charge of such
storerooms and warehouses of the city as the commission
may by ordinance provide. Before any purchase or sale,
the chief procurement officer shall require that all
prescribed procurement procedures be followed. Supplies
shall not be furnished to any department unless there
be to the credit of such department an available
appropriation balance in excess of all unpaid
obligation sufficient to pay for such supplies.
Sec. 19. Contracts for personal property,
public works or improvements,
unified development projects,
and real property; safeguards.
(a) Personal property. Any personal property,
including but not limited to supplies, equipment,
materials, and printed matter, may be obtained by
contract or through city labor and materials, as
provided by ordinance. All contracts for more than
$4,500 shall be awarded by the commission to the lowest
responsible bidder, after public notice and using such
competitive sealed bidding methods as may be
prescribed by ordinance, but the eity-menager m__ay_oyuor�r or
designee shall have the power to reject a1�6ids.
Notwithstanding the foregoing, the city -teenager mayor
may waive competitive sealed bidding methods by making
a written finding which shall contain reasons
supporting the conclusion that competitive sealed
i
" -14-
:. 85-358
bidding is not practicable or not advantageous to the
city, which finding must be ratified by an affirmative
vote of four -fifths of the commission after a properly
advertised public hearing. When competitive sealed
tidding methods are waived, other procurement methods
as may be prescribed by ordinance shall be followed.
All invitations for bids, requests for proposals, or
other solicitations shall contain a reservation of the
foregoing right to reject all offers. All contracts
for personal property in excess of $4,500 shall be
signed by the city manager mayor or designee after
approval thereof by the commission. This section shall
not apply to transfer to the United States or any
department or agency thereof, to the State of Florida,
or to any political subdivision or agency thereof.
(b) Public works or improvements. Any public
work or improvement may be executed either by contract
or by the city labor force, as may be determined by the
commission. there shall be a separate accounting as to
each work or improvement. Before authorizing the
execution by the city labor force of any work or
improvement or phase thereof, the eity-manager mayor or
designee shall submit to the commission a description
of the anticipated scope of work and related cost
estimates. All contracts for more than $10,0000, which
shall include contracts under which improvements valued
in excess of $10,000 are to be constructed for the
city, shall be awarded to the lowest responsible bidder
after public notice and using such competitive sealed
bidding methods as may be prescribed by ordinance, but
the city -manager mayor or designee shall have the power
to reject all bids. Notwithstanding the foregoing, the
eity-manager mayor or designee may waive competitive
sealed ridding methods by making a written finding that
a valid emergency exists or that there is only one
reasonable source of supply, which finding must be
ratified by an affirmative vote of four -fifths of the
commission after a properly advertised public hearing.
when competitive sealed bidding methods are waived,
other procurement methods as may be prescribed by
ordinance shall be followed. All invitations for bids,
requests for proposals, or other solicitations shall
contain a reservation of the foregoing right to reject
all offers. Contracts for public works or improvements
shall be signed by the city -manager mayor or designee
after approval thereof by the commission.
When it becomes necessary in the opinion of the
city -manager mayor to make alterations or modifications
in a contract for any public work or improvement, such
alterations or modifications shall be made only when
authorized by the commission upon the written
recommendation of the eity-manager mayor or designee.
No such alteration shall be valid unless the price to
be paid for the work or material, or both, under the
altered or modified contract shall have been agreed
upon in writing and signed by the contractor and the
city manager mayor or designee prior to such
authorization by t e commission.
(c) Unified development projects. A unified
development project shall mean a project where an
interest in real property is owned or is to be acquired
by the city, is to be used for the development of
improvements, and as to which the commission determines
that for the development of said improvements it is
most advantageous to the city to procure from a private
-15- 86-356
person, as defined in the Code of the City of Miami,
one or more of the following integrated packages:
(1) planning and design, construction, and leasing; or
(2) planning and design, leasing, and management; or
(3) planning and design, construction and management;
or
(4) planning and design, construction, leasing, and
management.
So long as the person from whom the city procures one
of the above -mentioned integrated packages provides all
of the functions listed for that package, such person
need not provide each listed function for the entire
unified development project nor for the same part of
the unified development project.
Requests for proposals for unified development
projects
shall generally define the nature of the uses
the
city is seeking for the unified development project
and
the estimated allocations of land for each use.
they
shall also state the following:
(1)
the specific parcel of land contemplated to be
used or the geographic area the city desires to
develop pursuant to the unified development
project;
(2)
the specific evaluation criteria to be used by the
below -mentioned certified public accounting firm;
(3)
the specific evaluation criteria to be used by the
r
below -mentioned review committee;
(4)
the extent of the city's proposed commitment of
funds, property, and services.
(5)
the definitions of the terms 'substantial
increase' and 'material alteration' that will
apply to the project pursuant to subsection (e)(4)
hereof; and
)
(6)
a reservation of the right to reject all g j proposals
and of the right of termination referred to in
subsection (e)(4) below.
After public notice there shall be a public
hearing at which the commission shall consider:
(1) the contents of the request for proposals for
the subject unified development project;
(2) the selection of a certified public
accounting firm, which shall include at least
one member with previous experience in the
type of development in question; and
(3) the recommendation of the ettq-menegee mayor
for the appointment of persons to serve on
the review committee. Said review committee
shall consist of an appropriate number of
city officials or employees and an equal
5 number plus one of members of the public,
4
{
-16-
85-358.
it 0
whose names shall be submitted by the eity
manager mayor no fewer than five days prior
to the above -mentioned public hearing.
At the conclusion of the public hearing the
commission shall authorize the issuance of a request
for proposals, select a certified public accounting
firm, and appoint the members of the review committee
only from among the persons recommended by the city
manager mayor.
The procedure for the selection of an integrated
package proposals shall be as follows:
(1) all proposals shall be analyzed by a
certified public accounting firm appointed by
the commission based only on the evaluation
criteria applicable to said certified public
accounting firm contained in the request for
proposals. Said certified public accounting
firm shall render a written report of its
findings to the eity-manager mayor.
(2) the review committee shall evaluate each
proposal based only on the evaluation
criteria applicable to said review committee
contained in the request for proposals. Said
review committee shall render a written
report to the city manager moor of its
evaluation of each proposal, including any
minority opinions.
(3) taking into consideration the findings of the
aforementioned certified public accounting
firm and the evaluations of the
aforementioned review committee, the city
manager mayor shall recommend one or more of
the proposals for acceptance by the
commission, or alternatively, the city
manager mayor may recommend that all
proposals be rejected. If there are three or
more proposals and the city manager mayor
recommends only one, or if the city -manager
t�mayor recommends rejection of all proposals,
ity-manager mayor shall state in writing
the reasons for such recommendation.
In transmitting his recommendation or recommendations
to the commission, the eity-manager mayor shall include
the written reports, including any minority opinions,
rendered to him by the aforementioned certified
accounting firm and review committee.
(4) all contracts for unified development
projects shall be awarded to the person whose
proposal is most advantageous to the city, a,,
determined by the commission.
The commission may accept any recommendation of
the city manager mar _ by an affirmative vote of a
majority of its mew ems. In the event the commission
does not accept a proposal recommended by the city
manager mayor or does not reject all proposals, the
commission shall seek recommendations directly from the
aforementioned review committee, which shall make a
recommendation or recommendations to the commission
taking into account the report of the aforementioned
certified public accounting firm and the evaluation
criteria specified for the review committee in the
request for proposals.
-17-
85-358.
it
0
After receiving the direct recommendations of the
review committee, the commission shall, by an
affirmative vote of a majority of its members:
(1) accept any recommendation of the review
committee; or
(2) accept any previous recommendation of the
eity-manager mayor; or
(3) reject all proposals.
All contracts for unified development project
shall be signed by the a-ity-manager mayor or designee
after approval thereof by the commission. The etty
manager mayor or designee shall be responsible for
developing a minority procurement program as may be
prescribed by ordinance and permitted by law in
conjunction with the award of contracts for unified
development projects. The provisions of this charter
section shall supersede any other charter or code
provision to the contrary.
Sales and leases of real property. Except as
otherwise provided in this charter section, there shall
ce no sale, conveyance, or disposition of any interest,
including any leasehold, in real property owned by the
city, the department of off-street parking, or the
downtown development authority, unless there has been
prior public notice and a prior opportunity given to
the public to compete for said real property or
interest. Any such sale, conveyance, or disposition
shall be conditioned upon compliance with: the
provisions of this section; such procurement methods as
may be prescribed by ordinance; and any restrictions
that may be imposed by the city, the department of
off-street parking, or the downtown development
authority, as appropriate. Further, no right, title,
or interest shall vest in the transferee of such
property unless the sale, conveyance, or disposition is
made to the highest responsible bidder, as is
determined by the city commission or the off-street
parking board, or the downtown development authority
board of directors. The city commission or the
off-street parking board or the downtown development
authority board of directors, as appropriate, may by
resolution waive the requirement of sale, conveyance,
or disposition to the highest responsible bidder by
means of the following procedure: the etty manager
mayor, the director of the off-street parking
authority, or the director of the downtown development
authority, as appropriate, must make a written finding
that a valid emergency exists, which finding must be
ratified by an affirmative vote of four -fifths of the
commission after a properly advertised public hearing.
When the requirement of sale, conveyance, or
disposition to the highest responsible bidder is
waived, other procurement methods as may be prescribed
by ordinance shall be followed. The city or the
department of off-street parking or the downtown
development authority shall have the power to reject
all offers. All invitations for bids, requests for
proposals, or other solicitations shall contain a
reservation of the foregoing right to reject all
offers. This section shall not apply to transfers to
the United States or any department or agency thereof,
to the State of Florida, or to any political
subdivision or agency thereof.
-18-
85--35 8.
0
I
(e) Safeguards.
(4) Any substantial increase in the city's
commitment of funds, property, or services,
or any material alteration of any contract
awarded under subsection (c) of this section
shall entitle the city commission to
terminate the contract after a public
hearing. Prior to such public hearing, the
commission shall seek and obtain a report
from the eity manager mayor and from the
review committee that a val,uated the proposals
for the project, concerning the advisability
of exercising that right.
Sec. 20. Local improvements.
(d) Plans and
manager mayor and
after the passage o
mayor shall prepare
and specifications
and an estimate of
estimate of the cost
resolution provide
:material, nature, c
shall show the amoun
be assessed against
storm sewer improven
specifications prepared by eity
:fled with city clerk. Promptly
said resolution, the eity-manager
and file with the city clerk plans
)f each improvement ordered thereby
the cost hereof, including an
of each kind of improvement if the
s alternative descriptions of
haracter, and size. Such estimate
t of cost and incidental expense to
property and, except in the case of
ents, the estimated amount to be
assessed against each root of abutting property. Tne
estimate made by the eity-manager mayor of the cost of
a street development or a storm sewer or waterfront or
water main improvement shall show the estimated amount
of cost and incidental expense to be assessed against
all property in the area of special benefits, but shall
not show any estimated assessment against any
particular property within the area, or against any
frontage or portion of such property.
(j) Publication of notice calling for bids. As
soon as practicable after the confirmation of any such
resolution ordering work to be constructed, the city
clerk shall publish at least once in a newspaper of
general circulation in the city, and if the estimated
cost exceeds $5,000 in a newspaper of general
circulation throughout the state, a notice calling for
sealed bids to be received by the commission on a date
not earlier than 15 days from the first publication in
the local paper, or if said estimate exceeds $5,000, in
each of said two newspapers, for the construction of
the work, unless in such resolution the commission
declared its intention to have the work done by the
city labor forces without contract. The notice may
refer in general terms to the extent and nature of the
improvement or improvements, and may identify the same
by the short designation indicated in the initial
resolution and by reference to the plans and
specifications on file. If the initial resolution gave
two or more alternative descriptions of the improvement
-19-
8S-356
a
as to its materials, nature, character, and size, and
if the commission did not later determine a definite
description, the notice may call for bids upon each of
such descriptions. No contractor shall be required to
take bonds, warrants, or other certificates in payment;
payment shall be made in cash upon monthly estimates of
the eity-manager mayor to an amount not greater than
97-1/2 percent of suc�i estimates, and the balance due
shall be paid in cash within 60 days after acceptance
of the work. Bids may be requested for the work as a
whole or for any part thereof separately, and bids my
be asked for any one or more improvements authorized by
the same or different resolutions, but any bid covering
work upon more than one improvement shall be in such
form as to permit a separation of cost as to each
improvement. The notice shall require bidders to file
with their bids either a certified check upon an
incorporated bank or trust company for 2-1/2 percent of
the amount of the bids or a bid bond. The bid bond
shall be in like amount with corporate surety
satisfactory to the city to insure the execution of a
contract to carry out the work in accordance with such
plans and specifications and to insure the filing, at
the making of such contract, of a bond in the amount of
the contract price with sureties satisfactory to the
etty-manager mayor conditioned on the performance of
the work in accordance with such contract. The
commission shall have the right to reject all bids and
if all bids are rejected the commission readvertise or
determine to do the work by the city labor forces
without contract.
(k) Preparation and contents of preliminary
assessment roll. After a contract has been entered
into for an improvement ordered in any resolution, or
after an authorized improvement to be done by the
city's labor force has been completed, the city -manager
mayor shall prepare and file with the city clerk a
pre iminary assessment roll which shall contain the
following:
(p) Appeal to court. If the owners of any
railroad, lot, or parcel of land so assessed shall
within 20 days from such confirmation file a written
verified petition in a court of competent jurisdiction,
setting forth that the amount so assessed against any
property of the petitioner exceeds the amount of the
special benefit the petitioner has sustained or will
sustain by reason of such improvement, or is out of
proportion to benefits, or that the assessment is
invalid for any reason whatsoever, and shall at the
same time file with the court clerk a written
undertaking in at least the sum of $200, with a good
and sufficient surety, to the effect that the
petitioner will pay to the city all costs and damages
to be sustained by it by reason of such proceeding, and
shall within 10 days from such confirmation, deliver to
the etty-manager mayor a copy of said petition, then
the validity of such assessment against said property
shall be determined in the judicial proceeding so
begun. Within 10 days after the delivery of said copy
of petition to the eity-manager mayor, the etty-manager
mayor shall answer the said petition, and the case
s a be heard upon such evidence as may be presented
to the court.
-20-
85-358
E
r_i
Sec. 25. Civil service.
(a) Creation of board; appointment; terms of
office; vacancies; rules and regulations. A civil
service board of the city is hereby created and
established. there shall be five members constituting
the said civil service board. Three shall be appointed
by the eemmisstien ma or, and two shall be elected by
the employees of t�ty with civil service status,
from said employees with such civil service status. The
two so elected shall become members of the board when
confirmed by the city commission. All members of the
said civil service board shall serve for two years, and
they shall take office as soon as appointed and
qualified. The eemmias+an mayor may remove any
appointed member without cause may remove any
other member of the Board for cause, upon stating in
wr` ti g the reasons for the removal, after allowing him
or her to be heard by the eemm4e93en mayor in his or
her own defense. Any vacancy shall be -filled by the
eemmissien ma or for the unexpired term. The a}ty
manager mayor sall be authorized to prescribe the
rules, re-gu ations, and procedure for the holding of
election for the purpose of electing the two members of
the civil service board by the city employees with
civil service status.
(c) Unclassified and classified service. the
civil service shall include the following positions or
or their functional equivalents:
(A) The a#ty managerT assistantsT and
secretarial staff to the mayor, city attorney
and city clerk.
Employees with permanent civil service rights appointed
by the mayor e#ty-manager city attorneZ and city clerk
to unclassi ied positions shall retain accrued civi
service rights in the position from which they were
i selected.
(d) Rules; examinations; eligible lists;
certification of vacancies. Subject to the approval of
the commission, the board shall adopt, amend, and
enforce a code of rules and regulations which shall
have the force and effect of law providing for
appointment and employment in all positions in the
classified service, based on merit, efficiency,
character, and industry; shall make investigations
concerning the enforcement and effect of this article
and of the rules adopted; and shall make an annual
report to the commission. The chief examiner shall
provide examinations in accordance with the regulations
of the board and maintain lists of eligibles of each
class of the services of those meeting the requirements
of said regulations. Positions in the classified
service shall be filled from such eligible lists upon
requisition from and after consultation with the etty
manager mayor. When positions are filled, the
-21-
employment officer shall so certify, by proper and
prescribed form, to the director of finance and to the
director of the department in which the vacancy exists.
(f) Power of suspension, removal, fine, or
demotion.
(1) Any officer or employee in the classified
service may be removed, suspended, fined,
laid off, or demoted by the e-ity manager
mayor or by the head of the department in
w gic-h such person is employed, for any cause
which will promote the efficiency of the
service; but such person must be furnished
with a written statement of the reasons
therefor within five days from the date of
the removal, suspension, fine, layoff, or
demotion, and be allowed a reasonable time
for answering such reasons in writing, which
answer shall be made a part of the records of
the board. No trial or examination of
witnesses shall be required except in the
discretion of the etty-manager mayor or the
head of the department. Any emp ogee in the
classified service who deems that he or she
has been suspended, removed, fined, laid off,
or demoted without just cause may, within 15
days of such action, request in writing a
hearing before the civil service board to
determine the reasonableness of the action.
The board shall, within 30 days after appeal
of the employee disciplined, proceed to hear
such appeal. After hearing and considering
the evidence for and against the employee,
the board shall report in writing to the eity
manager mayor its findings and
recommendations. The etty manager mayor
shall then sustain, reverse, or modi
action of the department director. Any member
of the civil service board and the director
of personnel may administer an oath to
witnesses appearing before said board of
before said director in an investigation,
disciplinary or appeal proceedings, and they
shall have the power to issue witness
subpoenas and to compel the attendance of
witnesses.
Sec. 27. City planning and zoning board.
(c) Creation of implementing boards. The
commission shall by ordinance create such appropriate
board or boards as it may deem necessary to carry out
the functions as set out in subsections (a) and (b)
above.
The commission may by ordinance provide for the
establishment and method of composition of the board or
boards; the number of members, all of whom shall be
appointed by the mayor; the qualifications of members;
-22-
85-358.
the staggering of terms to insure board continuity; the
rnethed-ef-f��ng-etaeane3te--the-methed-ef-remeea�- the
compensation, if any; the participation of alternate
members, if any, in board business; the general rules
of organization, procedures, and conduct of business;
the giving of notice and necessary public hearings on
matters relating to the functions of the board or
boards; and other matters deemed necessary by the
commission to the proper functioning of such board or
boards.
The commission may by ordinance make provision for
the functions, responsibility, advisory or
quasi-judicial duties, and authority of the board or
boards created by the commission. The commission may
by ordinance set out the standards and limitations
under which such board or boards shall operate; the
relationship of the board or boards to each other, to
the commission, or to the courts as provided by law;
and the method of review of any decision of such board
or boards.
(e) Task forces or committees. The commission
may by resolution appe-int create task forces or
committees to serve as advisory or recommendatory
agents to the board or boards established under this
section on particular problems relating to the areas of
responsibility and authority of the particular board.
:Members of said task forces or committees shall be
appointed by the mayor.
Sec. 29. Department of off-street parking;
off-street parking board.
(b) There is hereby established a board to be
known as the 'Off -Street Parking Board of the City of
Miami' (hereinafter sometimes called the 'off-street
parking board' or the 'board') which shall consist of
five members. Each member of the board shall either
reside or have his principal place of business in the
city and shall be an individual of outstanding
reputation for integrity, responsibility, and business
ability; but not officer or employee of the city shall
serve as a member of the board while employed as such
officer or employee of the city.
Within 30 days after the city commission shall
have adopted an ordinance declaring the need for the
department and for the board, the eemmise#en mayor
shall appoint the members of the board, two of o
shall hold office for a term of two years, two of whom
shall hold office for a term of three years, and one of
whom shall hold office for a term of four years;
thereafter each member shall be appointed for a term of
five years, as herein provided.
At least 10 days prior to the date of expiration
of the term of any member of the board, or within 10
days after the death, resignation, or removal of any
such member, a successor shall be named and appointed
by the remaining members of the board, subject to
confirmation by the e8ffim+9aten mayor. In the event
-23-
8 5-3S8; K
a
a
that any appointment so made shall not be confirmed by
the eemmtssfen mayor within 10 days after notice of
such appointment bias been served upon the mayor
eemm#ssfen, the appointment shall be null and void, and
the remaining members of the board shall make a new
appointment likewise subject to confirmation by the
eemm}ssfen ma or. Each member of the board shall be
eligible for reappointment.
Upon the effective date of his or her appointment
or as soon thereafter as practicable, each member of
the board shall assume office, but before doing so
shall take the oath prescribed elsewhere in this
charter and shall execute a bond in the penal sum of
$10,000, payable to the department and conditioned upon
the faithful performance of the duties of the office.
Said bond shall be approved by the commission and filed
with the city clerk; the cost of the premium on such
bond shall be treated as part of the cost of operating
the department.
Each member of the board shall be paid a salary of
$50 per annum or such larger sum as the commission may
establish by ordinance.
Any member of the board may be removed by the
eemmfssien mayor. fee geed estsse and after preper
hearing-
(e) The director shall be appointed by and shall
hold office at the will of the board. He or she shall
be a person of good moral character and have an
excellent reputation for integrity, responsibility, and
business ability, but no member of the board shall be
eligible for appointment as director. The director
shall receive such salary, payable in equal semimonthly
installments, as shall be fixed by the board, but such
salary shall not be less than $10,000 per annum. Before
assuming office, the director shall take the oath and
execute the bond prescribed hereinbefore for each
member of the board. The director shall act as the
chief executive officer of the department, shall devote
full time and attention to the duties of the office,
and shall not engage actively in any other business or
profession. Subject to the direction and approval of
the board, the director shall have general supervision
over and be responsible for the operation and
maintenance of the off-street parking facilities of the
city and shall exercise the powers and perform the
functions and duties herein provided. The director
shall attend all meetings of the board; shall furnish
to the board, mayor and commission monthly report with
respect to t`He operation, maintenance, and financial
condition of the off-street parking; and shall from
time to time have prepared and shall furnish such
reports, audits, and other information relating to said
facilities as may be required by the board.
In the event that the director shall for any
reason be temporarily incapable of exercising the
powers and of performing the duties and functions of
the office, the board may appoint an acting director to
exercise such powers and to perform such functions and
duties until the incapacity of the director terminates.
-24- 85"358_ _.
Sec. 31. Conduct of city business;
compensation, duties, and oaths
of officers and employees.
(d) Compensation of officers and employees. The
ea��+�ss�en-sha��-fix-bp-erd�nenee-the-ee�per�9ntten-ef
tke-e#ty-manager;-ety-atterneyT-and-ety-e�erk- The
e#ty-manager mayor shall fix the number and salaries or
compensation of all ether officers and employees,
except as otherwise provided in this charter. The
salaries or compensations so fixed shall be uniform for
like service in each grade of the service as the same
shall be graded or classified by the e4ty-manager
mayor in accordance with the rules and regulations
adopted by the civil service board. All fees and money
received or collected by officers and employees shall
be paid into the city treasury.
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 , 1985, for the purpose of creating an
Executive Mayor form of government for the City of Miami and
defining qualifications, functions and compensation of the Mayor,
the Commission, the Chairman of Commission, the Director of
Administration, Director of Finance and Budget and the Director
of Development, and establishing election dates and terms of
office for the Mayor and five Commissioners, defining the
classified and unclassified Civil Service, and setting terms and
conditions of office for the City Attorney and the City Clerk.
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.
The proposed Charter Amendment shall become effective on
August 1, 1986.
-25-
85-356. .
a
CHARTER AMENDMENT NO. 1
Sections 4, 13-A, 13-B, 15, 16, 21, 23-A.l., 52, 53, 54,
55, 60, 65, 88 and 90 of the City of Miami Charter, Chapter
10847, Special Acts, Laws of Florida, 1925, as amended, are
hereby further amended in the following particulars:2
"Sec. 4. Form of government.
2
(a) General description. The form of government of
the City of Miami, Florida, provided for under this Charter
shall be known as the leemmisslen-manager 'executive mayor
plan'. and tThe commission shall consist of five
citizens, who are qualified voters of the city and who shall
be elected at large in the manner hereinafter provided. The
executive ma or, who shall have the same qualifications as
t o commissioners and shall not be a member ot t o
commission, shall serve _full time and shall e er-e-c—te-T every
our () years and shall not after 1986 be elected for more
than three consecutive full terms of Mice. The commission
shall constitute the governing body with powers (as
hereinafter provided) to pass ordinances, adopt
regulations, and ratify by a majority vote of certain
appointments made by t e mayor un er his/her powers. appetnt
a eh*et a mtntstrattve a Seer to be known as the lefty
mana9er71-and The commission shall exercise all legislative
powers conferred upon the city except as hereinafter
provided.
(b) Election of commission and mayor; terms of office;
recall. The commission shall consist of five (5) members
who shall be elected from the city at large in groups
numbered I through V. one-f}�-ef-se#d-eemm#ss3eners-sha}}
be tThe mayor and shall be elected by the people from the
greug category designated mayor te-be-numbered-i and all
persons desiring to quality as candidate for mayor shall
file in greup I such category* The mayor shall have the
power set forth in t e Charter of the City of Miami in Dade
County, Florida. All persons desiring to qualify for
commissioners shall file in groups numbered +* I through V.
Group I and category mayor shall be elected at -the general
elections ihelg inT86; and snail hold office for a term o
our (4) years. Commissioners in groups numbered II and III
s a be elected at the general elections to be held in the
year 1955 1988 and at each general election each four (4)
years thereafter. Commissioners in groups numbered IV and V
shall be elected at the general elections to be held in the
year 1954 1990 and at each general election each four (4)
years thereafter. The mayor she}} be elected at eseh
general-eleetlen-and-shall-held-efftee-for-a-term-ef-tv+e-{�}
years: The mayor and all commissioners [are] to hold office
until their successors are elected and qualified from -twelve
eleleek-neon-ef --the-day-after-the-canvass-ef-the-vote-and
the-deelarat#en-ef-the-result-ef-the-eleet#en. The mayor
;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.
-26- 85-358...
r
and all ether members of the commission shall be subject to
recall. Vacancies shall be filled as provided in seet+en-13A
of the Charter ef-the-E4ty-ef-M+atnt.
Tf a eandtdate fer efffee of Mayer er eeMM+SS#ener
reeefves-a-tna3erfty-ef-votes-�n-the-pr#unary-e�eet�en-�n-his
gredpT-ke--ska��-be-sans#dared-a}eeted-open-and-after-the
eanvess-of-the-sate-end-the-des}arat#en-ef-the-resd�t-of-the
e�eet#en-as-here�naf ter-prev�ded:-�f-there-be-ne-n+a3erfty;
true-f �}-sand#date'-far-netntnatfen-ef-the-efftee-ef-�+ayer-er
eer+�n#ss#ener-ahe-reee#ve-the-greatest-Sete-gin-the-pr#�+ary
sleet#en-3n-sash-grenp--sha��-be-p�aeed-en-the-baf�et-et-the
next- requ+ar-mun#e-ipa+-a+eet4en-fe++ew+mg-the-prfimery-as
prey#dad-�n-seetfen-S-ef-tk#s-Eknrter---�Pke-enndtdate-far
nem+met+en reee+v#ng the greatest crate -in the regular
Mt1n4etpa+ a-jeet4en fef-1ew4:ng the pr-unary eleetfen= 'if
etherrr�se-grsa�ff tedT-skai�-be-e�eeted-f rem-the-gree�p--#n
r+k#ek-ke--is-gc�a�ff
All elections for mayor and members of the commission
shall be nonpartisan
and no ballot
shall show the arty
desi nation
of an _
candidate. No
can 1 ate shall oe
re5uired to
pay any
partyassessment
or state the party o
which e s e
is a member
or the manner
in w isE he/she vote
or will vote in any a
All candidates
ection.
for the office of or or cif
commissioner
shall qualify with the
city clerk no earlier
than the 63rd day and
no later than
noon on the 4 th day
prior to the
date ot
the election
at which e s e is a
candidate in
the method
prove ea y
law or or finance, an
shall pay a
filing fee
of $300. All
filingees shallsh9ll be
paid into the
general
tunds'otthe
city. T e elections
shall e neid
at the time ot the state
primary elections.
A candidate must receive a majority_of the votes cast
to be elected. It no candidate receives a majority of the
votes cast there will be a runoEf election at the time of
the state second primary election between the two can i ates
receiving the highest number ot votes. Should a tie result,
t o outcome shall a determined by_lot under the irection
of the city cier
Except as otherwise provided in this charter, the terms
of o ice of the mayor and the commissioners shall commence
on the second Tuesday next succeeding the ate prove a or
the state second primary election.
These dates correspond with the election for the
Metropolitan Dade County Commissioners. S h ou t e
Metro o itan Dade County Commissioner a ection dates change,
the dates for the Cl-ty ot Miami a ectrons will i ewise
change to the same dates.
Any incumbent commissioner desiring to run for the
office of mayor or for another commission seat shall present
an irrevocable resignation Z;f 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
-27-
85-356 .
.16
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.
(d) Commission to be judge of its own election;
not- te-dictate-appointments-by-er-interfere-With-eity
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 eity-manager mayor, or in any manner interfere
with the eity-manager mayor 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 mayor and neither the
commission nor any member thereof shall give orders to
any of the subordinates of the mayor, either publicly
or privately. Any 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.
(e) Ratification and appointment Election of
officers by commission; rules of commission; quorum.
The commission shall elect ratify by a majority vote
the appointment made by the ma or of a director of
administration, a director of finance and budget, a
director of development city-manager--and-'hail-elect-a
clerk, and a city attorney. The Commission shall
appoint and supervise a clerk who shall serve an
indefinite term at the will of the commission. a
judge-ef -the-mmnieipai- court- and -civil -service-eemmis-
sion;-bat nNo member of the commission shall be chosen
as manager-or-ns-a-member-of-the-civil-service-cemmis-
sion-er appointed to any other city office or employ-
ment. The commission may determine its own rules of
procedure and may punish its own members for
misconduct. and -may A
majority oT all the members of the commission shall
constitute a quorum to do business, but a smaller
number may adjourn from time to time.
(f) Meetings of commission; to -act -by -ordinance
or -resolution; form of, manner of passage and publica-
tion of ordinances; veto. At twelve o'clock noon on
the day the commissioners take office, they shall meet
at the city hall. Thereafter the commission may 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-shnii-net-only-by-ordinance-er
written-resoietien;-and-all All ordinances and resolu-
-28-
85-358. .
a a
tions, except ordinances making appropriations, shall
be confined to one (1) subject which shall be clearly
expressed in the title. The ordinances making appro-
priations shall be confined to the subject of appro-
priations. No ordinance shall be passed until it has
been read en-twe-f�}-separate-daps-er-the-regerement
ef-reading-en-tNe-f�}-separate-deys-been-d}9pensed-K#th
by a feur-f#fths f4f5} vote of the members of the
eemm+ss+en in accordance with state law. Ordinances
shall be read y 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 financial —'interests are
involved. The ma or, the director of administration,
the director ot finance and budget, the director o
aeve o ment, the clerk ana the city attorney, or their
designees shall attend all regular meetings o t e city
commission.
All nonemergency ordinances passed by the cit
commission shall be su mitte ,-beforegoing into
e ect, to the mayor for his/her a rova . I
approved, he/she Shall sign e same w_it in ays
a terpassage; thereupon, it`shall become a law but
s a not go into ettect earlier than 15 a s after
assa e y the commission. if disaRproved,e s e
shall o so y tilling his/her written disapproval with
the cler within 15 days and return the measure with
his/her objects in writing to the city commission at or
be ore the first regular commission meeting o owin
its passage v the commission. The Objections shall e
entered in full upon the recor o t e proceedings an
the commission Shall proceed to consi er sai
objections and to act upon the same. If u on
consideration the city commission s a pass the same
by a our- i t s vote ot the entire commission, w is
vote shall be entered upon the record, the ordinance or
ordinances shall then become a law, the mayor's
objections to the contrary notwit stan n . Failure
to tile a written notice of disapprovalwith t e c er
within 15 a s or ai ure to return the measure wit
the ma or s written-09yeRion to the cit commission at
or before the first re u ar commission me t-"--
following the commissi passage of the measure shall
resu t in the measure becoming a law, not to o into
effect earlier than 15 davq after oassaae v t e
commission.
(g) Powers and duties of mayor. Notwithstandin
an other provision of this Charter, 9t a mayor shall
preside- at -t e-eemmt99ten-end-perform-9aeh
ether-ddtte97 have all executive and administrative
power s of the city and perfoFm all duties consistent
with his/her o rice an -t t9-E arter, lac u ing but not
limited to the following: a9 may be tmpesed by the
eee�+t99ten-- a-9 a - e-reeegntzed-a9-the
-29-
85-3356. .
N OK
(1) to serve as the official head of the
city for all ceremonial purposes and
shall be the official spokesperson Tor
the city;
(2) to be recognized by the courts for the
purpose of serving civil process, and by
the governor for military purposes:and
mav declare a state of emergency; 'in
time of public anger or emergency? ; We
may? with the eensent of the eamffits-
sienersT-take-eerna+and-ef-the-pe�fee-arid
mainta+n order and enferee the laws -
Bering his absenee er disabi-1ity his
duties shah be perfermed by anether
�ne�+ber-appe#rated-by-the-ee�n�+issien-
(3) to appoint the city attorney, the
erector of administration, the director
of f inance and budget and the director
of development with the advice an
consent of the commission;
(4) to supervise the directors of
administration, finance and budget, an
eve opment, an one of whom may e
appointed the mayor to serve as
deputy mayor in the absence of the
mayor. Such appointment shall be
subject to
ratification
by the
commission. It
such ratification
is not
made within 15
days, the
appointment
shall be deeMed ratified.
It the
commission
rejects
all
three
appointments,
the mayor
shall
ave t o
Power notwithstanding such resection to
select one of such officers as deputy
mayor;
(5) to enforce the charter and
ordinances of the city and all geFTeral
laws applicable thereto;
(6) to eresent recommendations to the
commission on the requirements of Me
cit overnment, inc u In ut no
smited to the initiation or finances an
other legislation;
(7) to prepare all commission agendas
an to re are an submit to t e
commission his/her recommended annua
u get, together with an operating
budget message. The line item u et
may e changed changed t o
commission. The mayor maX veto an
c an a made by the commission. Such
veto may a overridden a our- if tns
vote nt the entire commission;
(8) to exercise a veto power over
ordinances or resolutions adopted by t e
commission; which may a overridden =V
a four-titths vote of the entire
commission;
(9) to attend all meetings of the
commission with authority to take part
-30-
8S-356
in the discussions or direct any officer
or department head to take part in the
discussion, but without power to vote;
10) to appoint
the members of boards and
committees
subject to a ratification of
a majority
of the commission; and to
remove at will any such board or com-
mittee member. This provision shall be
applicable
to the public members of the
civil service board, pension boards,
off-street
parking board, downtown
development
authority, planning advisory
board, zoning board of adjustment, and
such other
boards that the commission
shall direct that he/she appoint.
Additionally,
the mayor shall appoint
the members
of any board or committee
created by
the mayor; notwithstanding
any other provisions
of this Charter to
the contrary;
11) to call special meetings of the
commission
at any time he/she .may deem
proper for
the consideration of any
business of
public import.
(12) to present an annual state of the city
address.
fh}--Salaries-of-commission---there-shall-be-paid
to-the-co�+missioners-of-the-Eity-ef-Mia;ni;-Pleridn; -bp
the city of Miami as the sum of five
thousand dollars f657969-A6} per year for each
commissioner; payable monthly in twelve f19} equal
!net a++ments; -and - there- shall-be-paid-by-the-Eity-of
Miami-te-the-mayor-eornmissioner-nn-additional-sung-not
to-exceed-txe-thoasnnd-five-hundred-dollars-f�9;588-88}
annually-to-be-used-by-the-mayor-eoinn+issioner-te-cover
any or all entertainment expenses of the office of
mayor-eem;nissioner-ef-the-Eity-ef-Miami;-Eleridn-
The said compensation of five thousand dollars
f$57989796} per year is to be paid; as provided in
section-l-{the-preceding-paragraph}-hereof;-beginning
eecember 1; 1949; to the three 1-3} commissioners
elected-in-the-regular-ntnnieipnl-election-te-be-held-in
November; 1949, and the said compensation of five
theasand-dollars-f�5;888-89}-is-to-be-paid-beginning
Hecember-1; -195i; -for-the-ether-tMo-f9}-coMMissieners
Mho -will - be- elect ed-at-the-regular-ntanieipal-election
to-be-held-in-Neve;nber;-1951---It-is-understood-that
the additional compensation of two thousand five
hundred dollars f$2 588:88} to be paid to the
mayor-ceMMissioner= as provided in section 1 fthe
preceding -paragraph} -hereof; -shall -be -paid -beginning
Beee;nber-1;-19497
(h) Chairman of commission; service status. The
chairman of the commission shall be selected from the
members of the commission by the commission to serve
for one year and shall be so selected within 1_F days of
the 1986 general municipal election and yearly
thereafter; if not so selected, the chairman shall be
appointed by the mayor from members of the commission.
No chairman may serve more than tour (4) consecutive
one (1) xear terms and, after a two (2) year period,
may be eligible to serve again.
-31-
85_ 356
R
r
(i) Salaries of mayor, commission, city attorney,
clerk, chairman of the commission, and directors of
administration, finance and budget, and development.
The commission shall set the salaries and compensation
of the mayor, commission, clerk, and the chairman of
the commission at the time each fiscal -year budget is
approved. The salaries of the city attorney, the
directors of administration, finance and budget, and
development shall be established by the mayor.
(j) Qualification and duties of the director of
administration, director of finance and budget and the
director of development. The individual or individuals
holding the position of director of administration,
director of finance and budget and director of
development shall have general oversight over such
departments, boards and committees as may be assigned
by the mayor. Generally, the director of
administration shall hire the personnel for and
supervise those service departments such as police,
fire, sanitation and planning and zoning boards
administration; the director of finance and budget
shall oversee the fiscal aspects and hire the
personnel for and supervise the departments under
his/her supervision and the director of development
shall be responsible for the hiring and supervision of
those departments that deal with long range,
neighborhood, community or economic development
including housing and international trade and commerce.
Such director or directors shall have at least five (5)
years of high level government experience or equivalent
private sector experience.
(k) The city attorney, and the directors of
administration, finance and budget, and development
serve at the will of the mayor and may be terminated
without cause. The termination by the mayor is final.
However, if they wish a public hearing on the firing
they may request one in writing within one week of
being terminated by filing such request with the
office of the city clerk, and the commission shall hold
such hearing within two weeks of the request for
hearing.
Sec. 13-A. Filling vacancies in commission_
mayor.
A vacancy en the commission in the office of
commissioner caused by death, resignation, or other
causes shall be filled within ten (10) days after such
vacancy occurs by a majority of the remaining
commissioners and the terms of office of the person so
appointed shall be until his a successors in office are
is elected and qualified at either
fit --the add -year first general eieetian for
ee��nisaioners-hefd-pursuant-to-aeetien-4-ef-the
Eharter-of-the-Eity-ef-Miami;-er
f2}--the-even-p ear -Stat e-ef-Plarida-general-eieetion;
at whieh eieetien national; state and county
-32-
es--3s6
a 0
(i) Salaries of mayor, commission, city attorney,
clerk, chairman of the commission, and directors of
administration, finance and budget, and development.
The commission shall set the salaries and compensation
of the mayor, commission, clerk, and the chairman of
the commission at the time each fiscal -year budget is
approved. The salaries of the city attorney, the
directors of administration, finance and budget, and
development shall be established by the mayor.
(1) Qualification and duties of the director of
administration, director of finance and budget and the
director of development. The individual or individuals
holding the position of director of administration,
director of finance and budget and director of
development shall have general oversight over such
departments, boards and committees as may be assigned
by the mayor. Generally, the director of
administration shall hire the personnel for and
supervise those service departments such as police,
fire, sanitation and planning and zoning boards
administration; the director of finance and budget
shall oversee the fiscal aspects and hire the
Personnel for and supervise the departments under
his/her supervision and the director of development
shall be responsible for the hiring and supervision of
those departments that deal with long range,
neighborhood, community or economic development
including housing and international trade and commerce.
Such director or directors shall have at least five (5)
years of high level government experience or equivalent
private sector experience.
(k) The city attorney, and the directors of
administration, finance and budget, and development
serve at the will of the mayor and may be terminated
without cause. The termination by the mayor is final.
However, if they wish a public hearing on the firing
they may request one in writing within one week of
being terminated by filing such request with the
office of the city clerk, and the commission shall hold
such hearing within two weeks of the request for
hearing.
Sec. 13-A. Filling vacancies in commission;
mayor.
A vacancy an the commission in the office of
commissioner caused by death, resignation, or other
causes shall be filled within ten (10) days after such
vacancy occurs by a majority of the remaining
commissioners and the terms of office of the person so
appointed shall be until his a successors in office are
is elected and qualified at esther
{1+--the add -pear first ge-Meral a-leetion for
eommi3aianera- held -Pura uatit -to- sect ion-4-of-the
ehartee-of-the-eity-of-Miami;-or
fi;--the-ever,-pear-State-of-Florida-general-eieetion;
at whieh eieetion national; state and county
-32-
85-.3s6
P
r
offices -are -filled;
the next general election. whichever-eeeurs-first: In
the event that the remaining commissioners shall fail
or refuse to fill such vacancy within ten (10) days
after it occurs, as provided herein, then, and in that
event, the city commission shall call a special
election to be held at a date not less than thirty (30)
or more than forty-five (45) days after the expiration
of the said ten-day period for the purpose of having
the electors selecting such commissioner or
commissioners: fill such vacancy. Persons otherwise
qualified for office shall have ten (10) days from the
call of the election within which to file the statement
and pay the fee required of candidates in regular
municipal elections. The person who receives the
greatest number of votes in said special election is
elected and -shall -be -the -city -commissioner for a and
his term of office shall-be-until-his-er-her endin
when his or her successor in office is elected and
qualified at the first general election for
commissioners held pursuant to section 4 of the
Eharter-of-the-eity-of-Miami subsequent to the special
election held to fill such vacancy.
shot ld-there-be-mere-than-one-fl}-each-vneaney-en
the- cemmisaien;-then;-and-in-that-event;-the-person-er
persons- receiving-the-highest-number-ef-votes -in-such
election shall be the City commissioner or
eemrnissionera-
I f there is more than one ( 1 ) vacancy on the
commission, there shall be only one (1) election, and
the persons receiving the greatest nu.iiber of votes
shall be elected to fill the vacancies, for terms
ending at the next general election. Elections held
subsequent to the filling of vacancies shall, when
necessary, be for shortened terms, in order to preserve
the sequence of staggered terns provided for in this
Charter. A like vacancy in the office of mayor shall
Fe filled by an appointment by the commission within 10
days of the vacancy or an election shall be conducted
in the manner described above.
Seer-�3-H------Bleetion-when-terms-ef-fear
or-mere-commissioners-expire-
sima�taneeasly--
Where-the-terms-of-four-f4}--or-more-commissioners
expire-simaltaneensly-at-one-general-election;-then-the
number of commissioners required to constitute a
commission-ef-five-f5}-members-shall -be-elected-for-the
terms -of -of ice-prescribed-by-section-4-ef-the-charter
of-the-eity-ef-Miami-
Sec.--lSv------- eity-manager--Appointment;
gaalificatiens;-term;-salary;
siekness-er-absence;-removalr-
The commission shelf within thirty f36} days
after -taking -office -appoint -a -city -manager- -who-shall
be -the -administrative -head -of -the -municipal -government
and shall be reapensible for the efficient
administration-ef-all-departmenta-and-may-be-the-head
of -such-department-as-the-commission-may-by-ordinance
-33-
85-35d. .
a
provide- He shell be ehesen en the basis of his
executive-rand-ads►fr}atrat#ve-gese}}f#eat ens:--He-sha}}
held-office-at-the-Ni}}-ef-the -eemmissien:--He-she}}
tee eive -sue h-salary-es-may-be-fixed-by- the -eemmissien-
ln-ease -ef -the-sieknesa-er-absence-ef -the-city-manager
the - city- eemmiaa!en- may -appoint-another-person?-net-a
member of the city eemmiss+enT to act for the eity
mnnngetT-dtlring-his-aiekness-er-absence-and-the-person
se-nppe#rated-may?-dc�r}rag-the-ebsenee-er-aiekness-e£-the
city-manager?-act-for-h}�+-end-perform-al}-his-draties
and -a}}-sueh-act s-ef-the-person-9a-eppeinted-shall-be
as-va}id-as-though-performed-by-the -city-manager:--the
petsen-appe}rated -by-the-city-eemmissien-te-net-es-city
manager during the absence or 94ekness of the city
manager shall net be entitled to at paid any
eempensat ien- far- hia-serviees-as-sueh-eity-manager-by
the-Eity-ef-Miami-
be-
fa}--Remeval of city manager.- The eammissien
sha}} appoint by a majerity vote of its
membera7-the -eity-manager-fee-an-indefinite
term? -and -may-remove-himT-by-a-majerity-vote
of its members.- At least thirty f38} days
befare- sueh- removal-shall-beeeme-effeetiveT
the-commission-shell?-by-a-majority-vote-ef
its-members=-adept-a-prelim#nary-reselutien
stating the reasons for his removal- The
city manager may reply in writing and may
request -a -public -hearing? -which -shall -be -held
net-entlier-than-twenty-f36}-days-nor-later
then thirty f39} days after the filing of
such-request:--After-such-public-hearing?-if
one be requestedT and after full
eensideratien- the -eemmissienT-by-a-mnjerity
vote of its members7 may adept a final-
resolution-of-remeval-
See.--l6---Same--Powers-end-duties-
the-powers-and-duties-ef-the-city-manager-shall
to}-Ta-see- that -the-laws-and-ordinances-ere
enfereed-
fb�--fie-appoint-and-remeveT-exeept-es-herein
previdedT ail direeters of the
departments-end-ail-suberdinete-officers
and-empleyees-in-the-departments-in-both
the-elassif led -and -unclassified -service;
nl}-appointments-to-be-open-merit-and
fitness aleneT and in the elassified
service-ail-appointments-end-remavnis-te
be subject to the eivi} service
preyis#ens-ef-this-Ehnrter:
to}--To-exereise-eentrel-ever-ail-departments
end-divisiene-ereated-herein-er-that-may
be-hereafter-ereated-by-the-eemmissienT
fd}--fie-attend-all-meetings-ef-the-eammissien
with the right to take part in the
discussion-bat-hewing-ne-voter
-34- 85— 358..,
a ?
prey#de. He shall be ehesen en the basis of his
cateeative -and-admin#strut#ve-gaalifieet#ens:--He-shall
held-effiee -at -the-will-a#- the -eemmisa#en:--He-shell
eeeeive-saeh-salary-as-may-be-f#aced-bY-the-eemmisaien-
ln-ease-ef -the-sickness-er-absence-of-the-city-manager
the -eity-eemm#as#en-maY-appe#rat-enether-person?-net-a
member of the eity eemm#ss#enT to aet fee the eity
manager?-daring-h#s-sickness-er-absence-and-the-person
se-nppe#rated-maYT-dar#rag-the-absence-er-'iekness-of-the
e#ty-manager?-aet- fee -him- and -per for m-all-h#s-duties
rand-al}-such-nets-ef-the-person-so-appe#rated-shall-be
as-valid-ns-though-performed-bY-the-city-manager:--the
person-nppe#rated-by-the-city-eemmissien-te-act-es-city
manager daring the absenee or s#ekness of the eity
manager shall net be entitled to or paid any
eempenset ion -fer-his-services-aa-saeh-city-mnnngee-by
the-Eity-ef-Hiam#-
be-
fa}--Remevsl of eity manager.- The eemmission
shall appoint by a maierity vote of its
membera7-the -eity- man age r-fer-an-indefinite
term?-and-may-remove-h#mT-by-a-mn�eritY-vote
of its members.- At least thirty +49+ days
be ere- saeh- removal- shall-beeeme-effeetiveT
the -commission-shall?-by-a-ma�eritY-vote-ef
its -members?-adept-a-prelim#nary-reselutien
stating the reasons fee his removal- The
eity manager may reply in writing and may
request -a-public-hearing?-which-shall-be-held
met -ear lier- them- twenty -f26}-days-Her-later
than thirty f39} days after the filing of
saeh-request:--After-saeh-public-hearing?-if
one be requested= and after fa}}
eansiderat#en- the -eemmissienT-by-a-ma�erity
veto of its members7 may adept a final
resolution-e£-remeval-
See:-l6---Same--Pewers-end-dot#es-
the-powers-rand-duties-o£-the-city-manager-shall
fa}-Te-aee-that -the-laws-and-ordinances-ere
enfeeted-
fb+--Te-appeint-and-remeveT-exeept-aa-herein
previdedT all directors of the
departments-and-all-suberd#Hate-officers
and -employees -in -the -departments -in -both
the -classified -and -unclassified -service-
all -appointments -to -be -open -merit -and
fitness eleneT and in the elass#fled
service-all-nppeintments-end-renewals-te
be aubleet to the eivil serviee
previs#ens-ef-th#s-eharterT
to}--�Pe-eaeere#ae-control-ever-all-departments
and-divisions-created-herein-er-that-may
be-hereafter-ereated-by-the-eemmissien-
fd}--ape-attend-all-meetings-ef-the-eemmissien
with the right to take part in the
discussion-brat-having-ne-voter
-34- 85--358..,
a
lJ
fe}--'fie reeemmend to the eee ffi+55len far
adoption-each-measures-es-ke-rnay-deers
neeessary-er-exped#ent-
}f }--Te-keep-the-eerr�+tss#en-£ally-ade3sed-as
to- the -f#man
ea�-eandtlen-and-needs-ef
the-eltyt-and-
fg}--�e-perf errs -sack -ether -duties -as -may -be
prescribed by this eharter or be
required of him by erd#nanee or
reselatlen-ef-the-eer�n+3ssten-
Sec. 21. Department of law.
The city attorney shall be the director of the
department of law and an attorney -at -law admitted to
the practice in the State of Florida. He or she shall
be the legal advisor of and attorney and counsel for
the city, and for all officers and departments thereof
in matters relating to their official duties. He or
she shall prosecute and defend all suits for and in
Gee alf of the city, and shall prepare all contracts,
bonds and instruments in writing in which the city is
concerned and shall endorse on each his or her approval
of the form and correctness thereof.
The city attorney shall be the prosecuting
attar ney-ef-the-mun#elpal-eeartr--He-shall have such
number of assistants as the commission ordinance may
authorize. He -shall -prosecute -alb -eases -brought -before
sack-court-end-perfarrr<-the-aurae-dattesT-sa-far-as-they
are applicable theretoT as are required of the
preseeattng-atterney-of -the-eeenty-
When required to do so by the resolution of the
commission, the city attorney shall prosecute or defend
for and in behalf of the city all complaints, suits and
controversies in which the city is a party, and such
other suits, matters and controversies as he or she
shall, by resolution or ordinance, be directecT to
prosecute or defend.
The mayor, the commission, the-etty-rnanegerT the
director of any department, or any officer or board not
included within a department, may require the opinion
of the city attorney upon any question of law involving
their respective powers and duties.
The city attorney shall be a full-time
governmental employee; shall not engage in the private
practice of law; and upon his election by the city
eert+t�ts9#en-shall-serve-until-the-ileac-for-the-eleet3en
of -the-a}ty-effietala-speetfled-tn-section-4 f e}-of-the
eharter which fellew9 the next general man#etpal
election.
Sec. 23-A.1. Department of off-street parking;
off-street parking board.
85-356 .
-35-
(b) There is hereby established a board to be
known as the 'Off -Street Parking Hoard of the City of
Miami' (hereinafter sometimes called the 'off-street
parking board' or the 'board') which shall consist of
five (5) members. Each member of the board shall
either reside or have his or her principal place of
business in the city and shall be an individual of
outstanding reputation for integrity, responsibility,
and business ability; but no officer or employee of
the city shall serve as a member of the board while
employed as such officer or employee of the city.
Within thirty (30) days after the city
commission shall have adopted an ordinance declaring
the need for the department and for the board, it-sheii
the mayor shall appoint the members of the board, two
(2)) iof whom s all hold office for a term of two (2)
years, two (2) of whom shall hold office for a term of
three (3) years, and one (1) of whom shall hold office
for a term of four (4) years, and thereafter each
member shall be appointed for a term of five (5) years,
as herein provided.
At least ten (10) days prior to the date of
expiration of the term of any member of the board, or
within ten (10) days after the death, resignation,
or removal of any such member, his a successor shall
be named and appointed by the remaining members of the
board, subject to confirmation by the eommisaien-ef-the
eity mayor. In the event that any appointment so made
shall not be confirmed by the eemmissien mayor within
ten (10) days after notice of such appointment has been
served upon the commission, the appointment shall be
null and void, and the remaining members of the board
shall made a new appointment likewise subject to
confirmation by the eemmissien mayor. Each member of
the board shall be eligible for reappointment.
Upon the effective date of his or her appointment
or as soon thereafter as practicab-re, each member of
the board shall enter-open-his-dutieS7 assume office,
but before doing so he shall take the oath prescri e
by-seetien-91-ef-the-Eity-Eherter elsewhere in this
Charter and shall execute a bond in the penal sum o
ten thousand ($10,000), payable to the department and
conditioned upon the faithful performance of the duties
of his the officer. whieh-bend-she*+ sSaid bond shall
be approved by the commission ef-the-eity and filed
with the city clerk; the cost of the premium on such
bond shall be treated as part of the cost of operating
the department.
The Each member of the board shall be paid a
salary of fifty ( $ 50 ) per annum or such larger sum as
the commission may establish by ordinance.
Any member of the board may be removed by the
eammissten mayor, for geed enese and after peeper
hearing--by-tie-eemmtssten7 but if so removed, may
apply to the Circuit Court of the Eleventh Judicial
Circuit in and for Dade County, Florida, for a review
of the action of the eemmtssian mayor.
(e) The director shall be appointed by and shall
hold office at the will of the board. He or she shall
Y
-36- 85-.35 j' .
be a person of good moral character and have an
excellent reputation for integrity, responsibility, and
business ability, but no member of the board shall be
eligible for appointment as director. The director
shall receive such salary, payable in equal semimonthly
installments, as shall be fixed by the board, but such
salary shall not be less than ten thousand ($10,000)
per annum. Before enter4n9-open-h4s-dt2t4es assuming
office, the director shall take the oath and execute
t►�e bond prescribed hereinbefore for each member of the
board. The director shall act as the Chief executive
officer of the department, shall devote h4s-ent4re full
time and attention to the duties of h4s the office, and
shall not engage actively in any other business or
profession. Subject to the direction and approval of
the board, the director shall attend all meetings of
the board; shall furnish to the board,_mayor and
commission ef-the-e+ty a monthly report wit-i respect to
the operation, maintenance, and financial condition of
off-street parking; and shall from time to time have
prepared and shall furnish such reports, audits, and
other information relating to said facilities as may be
required by the board.
In the event that the director shall for any
reason be temporarily incapable of exercising the
powers and of performing the duties and functions of
his office, the board may appoint an acting director to
exercise such powers and to perform such functions and
duties until s�:ch incapacity of the director shall be
terminated.
Sec. 60. Civil service-Ereat-ien-ef-beard-
appe3nt�ent--ter�►s-ef-eff#ee;
vaeanetes;-rakes-and-rega�at3ens.
A civil service board of the City of Miami? a
mum +e#pa+-eerperat3en-ef-the-State-ef-P�ertdaT-beT-and
the -same city is hereby created and established. ;
and There sh all be five (6) members constituting the
said civil service board. Three (3) shall be appointed
by the eemmiss4an mayor, and two ( 2 ) shall be elected
by the employees o -a E+ty-of-Mtam4 cit with civil
service status, from said employees wit such civil
service status. The two (2) so elected shall become
members of the board when confirmed by the city
commission. All members of the said civil service
board shall serve for two (2) years, and they shall
take office as soon as appointed and qualified. The
eammiss}en mayor may remove any apPppo_inted member
without cause and any other member of the board
or cause, upon stating in writing the reasons for the
removal, after allowing him or her to be heard by the
eemm4ss#en mm�ayo__r___ in their his or her own defense. Any
vacancy shalTSe filled by the etssten ma or for
the unexpired term. The e#ty-managee mayor is anal+ -be
and-he---+s-hereby? authorized to prescri a the rules,
regulations, and procedure for the holding of
election for the purpose of electing the two (2)
members of the civil service board by the city
employees with civil service status.
Sec. 88. Power to appoint boards or
commissions of citizens.
The commission and the mayor may, at -the -request
of the efty manager? appoint create boards or
commissions, to be composed of suc num er of citizens
as the commission may deem expedient to act in an
advisory capacity in conjunction with any one (1) or
more of the departments created or authorized hereby.
The members of all such boards and commissions shall
serve without compensation, and may be removed at any
time by the mayor
Sec. 90 Compensation of officers and
employees.
�Phe-ern+nt#ss�on-sha��-£�x-bY-erdtnanee-the-can+pen-
satiem of the eity m anagerT heads of departmentsT
n+untetpa�-�udgea-and-the-e3tY-e�erk: --the-eftY-manager
The mayor shall fix the number and salaries or
compensation of all ether officers and employees except
as otherwise provided in this Charter.
The salaries or compensations so fixed shall be
uniform for like service in each grade of the service
as the same shall be graded or classified by the etty
manager mayor in accordance with the rules and
regulations adopted by the civil service board. All
fees and moneys received or collected by officers and
employees shall be paid into the city treasury.
Section 2.A. To accomplish the stated purpose of the
herein proposed Charter Amendment it has been necessary to make
extensive changes in the existing charter; accordingly, it is the
express intent of this ordinance to vest the mayor with
executive and administrative powers presently held by the City
Manager. In furtherance of such purpose and intent all
references to "City Manager" contained in the Charter and not
expressly addressed in Section 2 of this ordinance shall be
changed to "Mayor" including but not limited to Sections 52, 53,
54, 55, and 65.
Section 3. The provisions of Section 2, in whole or in
part, of this ordinance shall only become operative if proposed
Charter Amendment No. 11 having been approved by the City of
Miami electorate at a Special Municipal Election on September 4,
- 3 8 - 8 J5-35 8,.,,.
i
1984, is ruled invalid by judicial decision, in whole or in part,
and in case of such a ruling of invalidity, the provisions of
Section 1, in whole or in part, of this ordinance shall be void,
wholly or partially, and shall have no force or effect.
Section 4. 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.
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 unless such holding or invalidity thwarts or
frustrates the above expressed intent of the City Commission. If
the expressed intent is not thwarted or frustrated, the remainder
of this ordinance after the exclusion of such invalid part or
parts, shall be deemed and held to be as valid as if such part or
parts had not been included therein.
PASSED ON FIRST READING BY TITLE ONLY this day of
, 1985.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of
ATTEST:
RALPH G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
LU IA A. DOU HERTY
CITY ATTORNEY
-39-
1985.
MAURICE A. FERRE
M A Y O R
85-356_
�' i
CITY OF •.1IAMf. FLORIDA
INTER -OFFICE MEMORANDUM
_ c LE
Honorable Uurice A. Ferre, y March 15, 1985 D-03
Mayor --
6"` Form of Govermmnt
,1 qr rcRE•JC ES
Lucia'A. Dougherty Proposed Charter Amendments
City Attorney 1_,JCL05URES
(2)
Please find attached the two proposed Charter Amendments on the
Executive Mayor and the Commission District Elections, both of
which contain the revisions you have requested.
Copies of each ordinance are being distributed to the members of
the City Commission, the City Manager and the City Clerk.
LAD; RFC/rr
cc: Honorable Members of the City Commission
City Manager
City Clerk
M. 85-358- __
CITY OF M1AMI. FLORIDA
INTER -OFFICE MEMORANDUM
ro
''.OnOrable Maurice A. Ferre oarE: February 7, 19e5 rI'-E:
Mayo� SUe�EC-: 1�AQ� for 2/1 «.
s/85 C i .y
_ Commission ?agenda
FROM• a. ndolpn . Rosencrantz '� REFERENCES:
City Manager
e'HCLOSURES:
Thia memorandum will acknowledge your request that ttie attached
two (2) ordinances regarding the 'I�:tecutive Mayor Form of
I 11Jvernment" (Charter Amendment 11o. 1) and the "Districting and
Exnanding -)f ttia I'ominissign from FlLye to ?fine Mam b arsI.1lartar
{ �f'1en,lrIIc'rit �lQ, 2}� be placed 3a "Pir-
t R8t3di!iR Ordinancee" on �Iie
agenda f.�r tt►a amity C,�mmiasion fleet nV of , _bruary
If you have any questions, 'phase advise.
5 attachments
f
OC: Members Jf the City Commission
. 3
a
3
1
1
s
12
id
J-85-34b
3/15/85
rr/005/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 ,
1985, SAID AMENDMENT OF THE CITY CHARTER TO
PROVIDE FOR EXPANDING THE COMMISSION FROM
FIVE TO NINE MEMBERS, FIVE OF WHICH ARE TO BE
ELECTED ON THE BASIS OF SINGLE -MEMBER
DISTRICTS AND FOUR 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 NINE
MEMBERS WITH FOUR MEMBERS BEING ELECTED FROM
DISTRICTS AND FIVE 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; REPEALING ALL
CHARTER SECTIONS OR PARTS THEREOF IN
CONFLICT; CONTAINING AN EFFECTIVE DATE OF
AUGUST 1, 1985, 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
, 1985,
for the purpose of
expanding the city commission from five to nine members, five of
which are to be elected on the basis of single member districts
and four 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 , 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
nine members with four
members being
a
r,
F
elected from single member districts and five members, including
the mayor, being elected at large; establishing the dates for the
election of the mayor and commissioners; establishing the dates
for the elections for the Mayor and Commissioners; establishing
the boundaries of the initial districts; and establishing a
boundaries committee to be impanelled immediately after the
i
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
i
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 , 1985, the
t
provisions of Charter Amendment No. 1 shall be controlling with
respect to the powers and duties of the Mayor and the salaries of
e
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 on
August 1, 1986.
CHARTER AMENDMENT NO. 2
1
Sections 4, 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:)
"Sec. 4. Form of government.
1
(g) Ordinances and resolutions; voting. The
eomm+9 aion sh&++ net only by ordinanee or written
reeointionT 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 confined to the subject of
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.
85-358,
-2-
04 A
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
feer-fifths 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 fear -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 nine 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 froth -the
city- at- large-in-groups-nntnbered-f-through-�i--9ne-ef
said commissioners shah be the mayor and shall be
elected-by-the-people-at-each-genera+-eieetioriy-for-a
term-of-two-yearn;-from-the-group-to-be-numbered-i-
eemm+ssieners-in-groups -numbered -ff-and-fff-shame-be
e�eeted-at-the-genern�-e�ectiens-to-be-held-in-the-year
1955 and at each generai- election each fear years
thereafter: -ee:urn#ssierers-in-greaps-narnbered-f�i-nnd-�i
'hail-be-eieeted-at-the-general-eleetiens-to-be-held-in
the-year-1954-and-at-each-general-election-each-fear
years -thereafter: as follows: If the executive -mayor
charter amendment, known as Charter Amendment No. 1,
scheduled for referendum on , 1985,
is passed and becomes effective, five members shall be
elected from sin le member districts, numbered District
I through District V, and four members shall be
elected from the city at lar a in groups numbered
At -Large Grou At -Large Group , At -Large Group 3
and At -Large Group 4. If the aforementioned executive -
mayor charter amendment does not become effective, four
members shall be elected from single member Districts
numbered District I throwthrougE IV and five members
including the mayor, shall be elected at -large in
groups designated At -Large Group I through IV an
category 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-
8S-3S8__
Sec. 10. Election of commissioners and mayor;
districts.
fa3 Regular and primary elections of
eemmissieners:---A-regular-municipal-election-fer-the
eleetien-ef-eemmissieners-shall-be-held-an-the-second
Tuesday after the first Menday in November in
add -numbered -years :--A-nenpartisnn-primary-election-ef
tke- nomination-ef-candidates-fer-the-commission-shall
be -held -on -the -first -Tuesday -niter -the -first -Monday -in
November in add -numbered pear'.- Any person who
possesses-the-gaalifieatiens-requisite-to-an-effecter-nt
the- getter al -at ate- elect ian;-and -she-registers-to-vote
as -may
-be-prescribed-by-ordinance-shall-be-a-qualified
elector-of-the-city.---Aii-eleetione-keld-in-the-city
shall-be-conducted-and-held-according-te-the-previsions
ef- the- general-elections-laws-of-the-State-ef-Flarida;
except -se -otherwise -provided -for -in -this -charter -except
the commission shall be substituted for a beard of
county-commissioners:-the-name-ef-any-elector-ef-the
city shall be printed apex► the primary ballet as a
candidate ter nomination of the office of mayor or
commissioner-open-paying-to-the-city-the-sum-e£-slea-te
be-deposited-with-the-city-cleric-as-a-gaalifying-fee
net- less- their-45-days-prier-te-the-date-of-the-primary
election; said elector shall submit eeneurrently
therewith a sworn statement of his or her name;
address; -occupation; -group -in -which -the -elector -wishes
to-run;-and-willingness-te-serve;-if-elected:--All-sash
qualifying -fees -shall -be -deposited -with -the -said -city
cleric-ne-later-than-6-96-p:m--on-the-forte-fifth-day
prior-te-the-election-
(a) 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 five single
member districts, which districts shall be numbered
District I through District V.
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 four 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
At -Large Group 3
and At -Large Group
4.
All persons
desiring to quality
as candidate for
mayor
shall file
i n the group named +favor.
(3) Terms of office and recall.
The mayor shall be elected at the November, 1986
general munici al election and at the general municipal
election each four years thereafter.
The commissioners in District I, District II,
District III District IV and District V shall be
elected at the November, 986 general munici al
election. The commissioners in District I and District
II shall serve initial terms of two years and a ter the
-4- 85 -3.5a_ ..
1988 election shall hold office for terms of four
years. The commissioners in District III, IV and V
shall serve four year terms.
The commissioners in At -Large Group 1 and At -Large
Group 2 shall be elected at the November, 1988 general
municipal election to serve four year terms.
The commissioners in At -Large Groups 3 and 4 shall
be elected at the November, 1990 municipal general
election to 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 factor of ethnicity
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 be composed of one
person nominated by each member of the commission, plus
the following additional individuals:
(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 =
2
The present group commission seat II shall automatically
become At -Large Group 1 and the present commissioner in
seat II shall remain in office until the 1988 election;
the present group commission seat III shall
automatically become At -Large Group 2 and the present
commissioner in seat II shall remain in office until the
1988 election; the present group commission seat IV
shall automatically become At -Large Group 3 and the
person who is elected to commission seat group IV in
1985 shall remain in office until 1990; and the present
group commission seat V shall automatically become
At -Large Group 4 and the person elected to commission
seat V in 1985 shall remain in office until 1990.
-5- 85_358.
L
A
Judicial Circuit in and for Dade County,
tit.-7"A
A quorum shall consist of a majority of the total
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, giving the
highest priority to the factor of ethnicity 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.
The boundaries committee shall adopt its own rules
of procedure; and its findings, determinations, and
conclusions shall be final -and binding.
The above subsection (a) shall become effective if the
executive -mayor charter amendment, known as Charter
Amendment No. 1, scheduled for referendum on ,
1985 becomes effective; if it does not, the following
subsection (a) will become effective:
(a) The commissioners and mayor shall be elected
as follows:
(1) Districts.
For the purposes of electing members to the city
commission, =the city sha 1 be divided into four
districts, which districts shall be numbered District I
through District IV.
All persons desiring to qualify as candidates for
commissioner from the single member districts shall
file in the diWt_r_ict in which they reside.
(2) At -Large Groups; Mayor.
There shall also be five members of the city
commission, including the ma or elected at large. All
persons 3esir'xng to quali as can ates for
commissioner at lar a shall file in At -Large Group ,
At -Large Group 2 At -Large Group an At -Large Group 4.
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, 1986
general municipal election and at the general municipal
election each four years thereafter.
-6-
85-358.
r
3
The commissioners in District I, District II,
District III, and District IV shall be elected at the
November, 1986 general municipal election. The
commissioners in Districts I and II shall serve initial
terms of two years and after the 1988 election shall
serve terms of four years. The commissioners in
Districts III and IV shall serve four year terms.
The commissioners in At -Large Group 1 and At -Large
Group 2 shall be elected at the November, 1988 general
municipal election to serve four year terms.
The commissioners in At -Large Groups 3 and 4 shall
be elected at the November, 1990 municipal general
election to serve four year terms.3
(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,
2iving the hi hest priority to the factor of ethnicit
so as to assure to the greatest degree possible that
all citizens are represented.
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 composed of one
erson nominated by each member of the commission, plus
he following additional individuals:
(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
U'Riversity 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
The present group commission seat II shall automatically
become At -Large Group 1 and the present commissioner in
seat II shall remain in office until the 1988 election;
the present group commission seat III shall
automatically become At -Large Group 2 and the present
commissioner in seat II shall remain in office until the
1988 election; the present group commission seat IV
shall automatically become At -Large Group 3 and the
person who is elected to commission seat group IV in
1985 shall remain in office until 1990; and the present
group commission seat V shall automatically become
At -Large Group 4 and the person elected to commission
seat V in 1985 shall remain in office until 1990.
-7-
8rJ`13Ist-i....
0,
associations 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 Circuit in and for Dade
County, Florida.
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, giving the
highest priority to the factor of ethnicity 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.
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
an election held on the same day as the state primaE
election, 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
eieetien- Eel lewing-the-primary-eieetion state second
primary election. The candidate for nomination
receiving the greater vote in each such group or
district in the regular municipal. 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 , 1985 for the purpose of expanding
the city commission from five to nine members, five of which are
-8-
85-358 .
04
i
to be elected on the basis of single member districts and four of
which are to be elected at large if the executive mayor charter
amendment, known as Charter Amendment No. 1 scheduled for
referendum on , 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 nine members with four members being selected from single
►nember districts and five members, including the mayor, being
elected 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 such districts. The following
proposed Charter Amendment No. 2 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 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
i 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 on August 1, 1986.
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
85--358
hereby further expressly amended in the following
particulars:4
"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-t5} nine
(9) citizens, who are qualified voters of the city and
who shall be elected at -large in the manner hereinafter
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 sha31 consist of five f } nine (9)
membersL whe-shall-be-efeeted-from-the-eity-at-large-in
groups numbered f through Y- as follows: five (5)
members shall be elected from districts, numbered
District I through District V and four (4) members
shall be elected from the city at 1_arge in groups
numbered At -Large Group 1, At -Large Group 2, At -Large
Group 3 and At -Lars a Group 4 as hereinafter provided.
The Mayor shall be elected from the city at large in a
group called Mayor. ene-of -said-commissioners-shah-be
the-mayor-and-shell-be--efeeted-by--the-people-free+-the
group to be numbered l and all persons desiring to
qualify-as-candidate-f er-mayor-shall-file-in-group-l:
The-mayor-shall-have-the-power-set-forth-in-the-Ehnrter
of the eity of Miami in Bade @eunty, Plerida- All
persons-desiring-te-qualify-for-eomntissioners-shall
f ile-in-groups-numbered-ll-through-Y--Commissioners-in
{ groups numbered 11 and ifl shall be elected at the
general-elections-to-be-held-in-the-year-l95S-and-at
each -general-election-each-four- f4}-years- thereafter-
eemmissioners in groups numbered lY and V shall be
elected-nt-the-general-elections-to-be-held-in-the-pear
1954-and-at- each -general -election-eneh-four-f4}-pears
thereafter.---the-�nnyer-shall-be-elected-at-eneh-general
election-and-shall-held-office-for-a-term-of-two-f�}
year'.
(1) Districts.
For the purposes of electing members to the citycommission, the city shall be divided into Five (5)
districts, which districts shall be numbered District
I through District V.
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 four (4) members of the city
commission and the Mayor elected at large. All persons
4
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.
-lo-
r
5
desiring to qualify as candidates for commissioner at
large shall file in At -Large Group , At -Large Group 2,
At -Large Group 3 and At -Large Group 4. All persons
desiring to qualify as candidate for mayor shall file
in the group named Mayor.
(3) Terms of office; resignation and recall.
The mavc
1 ant oA aI— I-h= AincsnmKer
1986
The commissioners in District I, District II,
District III, District IV and District V shall_be
elected at the November, 1986 general municipal
election. Commissioners in Districts I and II shall
serve for two (2) years and after the 1988 election
shall serve four (4) year terms. The commissioners in
Districts III, IV and V shall serve four (4) year
terms.
The commissioners in At -Large Gr-"2 1 and At -Large
Group 2 shall be elected at the November, 1988 general
municipal election to serve four () year terms.
The commissioners in At -Large Groups 3 and 4 shall
be elected at the November, 1990 municipal general
election to serve four (4) year terms.s
The mayor and all commissioners are to hold
office until their successors are elected 7nd 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 other members of the
commission shall be subject to recall. Vacancies shall
be filled as provided in aeetien-i3-A-ef the charter.
ef-the-Eitp-ef-Miami:
If a candidate for office of mayor or commissioner
receives a majority of votes in an election held on the
same day as the state primary election, 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 pcovided. 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 me-nieipai
eieetierr-foiieMing-the-prin+arp state second primary
election. aa-provided-in-aeetior-E3-of-thy @harterr The
candidate for nomination receiving the greatest vote in
the regular me:teieipai such election following the
The present group commission seat II shall automatically
become At -Large Group 1 and the present commissioner in
seat II shall remain in office until the 1988 election;
the present group commission seat III shall
automatically become At -Large Group 2 and the present
commissioner in seat II shall remain in office until the
1988 election; the present group commission seat IV
shall automatically become At -Large Group 3 and the
person who is elected to commission seat group IV in
1985 shall remain in office until 1990; and the present
group commission seat V shall automatically become
At -Large Group 4 and the person elected to commission
seat V in 1985 shall remain in office until 1990.
-11-
8S_35a_
primary election, if otherwise qualified, shall be
elected from the group or district in which he/she is
qualif ied.
Any incumbent commissioner desiring to run Cor 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 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.
The above subsection (b) shall become effective if the
executive -mayor form of government becomes effective;
if it does not, the following subsection (b) shall
then become effective:
(b) Election of commission and mayor; terms of
office; recall; districts and at-lar a grou.2s. The
commission shall consist of five-t } nine () members,
who- shal+-be- elected-f r am- th e-city-at- large- Tift-gromps
nembered-l-through-V- as follows: four (4) members
shall be elected from districts, numbered District I
through District IV and five (5) members, including the
Mayor, shall be elected from the city at large in
groups numbered At -Large Group le At -Large Group ,
At -Large Group 3, At -Lame Group_ 4 and a category
called Mayor. 6ne-of-sntd-eemmtsaioners-skull-be-the
mayor-and-shall-be-eleeted-by-the-people-freer-the-group
to-be-numbered-�-and-all-persons-desiring-te-qualify-as
candidate-for-mayor-shall-file-in-group-f--The-mayor
shall-have-the-power-set-forth-in-the-eharter-of-the
eity-ef-Miami-in-Bnde-Bounty;-Florida---hll-persons
desiring-te-qualify-for-eemmissieners-skull-file-in
greeps-numb ered-ll-through-v---eommissieners-in-groups
numbered-ll-and-lll-shall-be-elected-at-the-general
eleetiens to be held in the year 1955 and at each
general election each fear {4} years thereafter-
eemmissieners in groups numbered 1Y and `► shall be
eleeted-at-the-general-eleetiens-to-be-held-in-the-year
1954-and-at-eaeh-general-eleetien-eaeh-fear-{4}-years
thereafter---,Fhe-mayer-shall-be-elected-at-eaeh-general
-12- 85-358:
r
election-aad-shall-hold-office-for-n-term-ef-tie-f2}
years.
(1) Districts.
For the purposes of electing members to the city
commission, the city shall be divided into four
districts, as determined by the boundaries committee,
which districts shall be numbered District .i through
District 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 four 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
At -Large Group 3 and At -Large Group 4. All persons
desirin4 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, 1986
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, 1986 general municipal
election.
The
commissioners in Districts I
and
II shall serve
initial terms of two years and
after
the 1988 election
shall hold office for terms
of tour
years.
The
commissioners in Districts III
and IV shall serve
four
ear terms.
The commissioners in At -Large Group 1 and At -Large
Grou 2 shall be elected at the November, 1988 general
municipa a ectio n to serve four year terms.
The commissioners in At -Large Groups 3 and 4 shall
be elected at the November, 1990 municipal general
election to serve a four year term and thereafter
shall be elected to serve four year terms.°
6
fb+--sieetien of e0mmissio"T terms of office;
recall: The commission shall ee!nsist of five f5}
members--who-shall-be-elected-from-the-city-at-large-in
greaps numbered l throuhgh sir erte fi} of said
The present group commission seat II shall automatically
become At -Large Group 1 and the present commissioner in
seat II shall remain in office until the 1988 election;
the present group commission seat III shall
automatically become At -Large Group 2 and the present
commissioner in seat II shall remain in office until the
1988 election; the present group commission seat IV
shall automatically become At -Large Group 3 and the
person who is elected to commission seat group IV in
1985 shall remain in office until 1990; and the present
group commission seat V shall automatically become
At -Large Group 4 and the person elected to commission
seat V in 1985 shall remain in office until 1990.
-13-
85-358. _.
eemmissienera-ahail -be -the-mayor-and-shall-be-elected
by--the-peeple-from-the-group-to-be-numbered-I-end-s}}
persona desiring to qualify as candidate for mayor
shall-file-in-group-�:-`Phe-mayor-shall-have-the-power
set- forth-in-the-charter-ef-the-city-ef-Miami-in-Bade
Eau nty;-Plarid a:--All-persona-desiring-te-qualify-fer
eemmiaaienera-shall-file-in-groups-numbered-�f-through
�--commissioners-in-groups-numbered-ll-and-��l-shall-be
elected -at -the -general -elections -to -be -held -in -the -year
1955-and-at-each-general-election-each-fear-f4}-years
thereatter:-commissioners-in-groups-numbered-fV-and-�i
shall-be-elected-st-the-general-elections-to-be-held-in
the-pear-l954- and- at- each -general -election-each-four
f4}-pears-thereafter:--The-mayor-shall-be-elected-at
each- general -election-and-shall-held-effiee-fer-a-term
of two f2} pears.- The mayor and all commissioners
fare}-te-held-effiee-until-their-successors-are-elected
sad-qualified-from-twelve-oleleek-noon-ef-the-day-after
the canvass of the dote and the declaration of the
result of the election.. The mayor and all other
members-of-the-commission-'hall-be-sab�eet-te-reea}}-
�ineaneies-shall-be-felled-as-provided-in-section-l3-h
of -the -charter -of -the -city -Of -Miami -
if a candidate for office of mayor or commissioner
receives a majority of votes in an election held on the
same day as the state primary election, the primary
election in his/her group or district, 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 state second primary
election. as-provided-in-section-t3-ef-this-charter: 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
under the provisions of this act desires to run for
some elective office other than the mayor or city
commissioner, then under such circumstances tie/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
-14-
H5-3581_
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 factor of ethnicity
so as
to assure the
greatest
decree
possible that
all
citizens are
represented.
A boundaries committee is hereby established. It
shall be impanelled immediately after the official
result 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
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 inavor 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 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 majority of the total
members.
The boundaries committee shall have a budget of
twenty thousand dollars ( 0,000.00) for staff,
secretarial services, statistical and legal work. The
city attorney shall be available to perform legs
services as required by the committee.
The boundaries committee shall meet all constitu-
tional requirements and shall attempt to maintain the
same ethnic and neighborhood representation, giving the
highest priority to the factor of ethnicity so as to
assure to the greatest degree possible all citizensare
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.
The boundaries committee shall adopt` its =own rules
ofprocedure; and its findin s, determinations and
conclusions shall be Final an binding.
-15-
66-358.1
fei (d) Qualifications of commission;
commissioners and other oE£i'cers 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.
fdf (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
q; 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
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.
fe; (f) Election of officers by commission;
rules of commission; quorum. The commission shall
elect a city manager, a clerk, a city attorney, a
judge of the manieipa-I court and civil service
commission, but no member of the commission shall be
chosen as manager or as a member of the civil service
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.
-16-
BS-356._
if+ (g) Meetings of commission; to act by
ordinance or resolution, form of, manner of passage
and publication of ordinances. At twelve o'c-lock 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 commis-
sion 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 require-
ment of reading on two (2) separate days been dispensed
with by a femr-fiftie9-f4f5+ 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 financial 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 commissic?n.
ih+ (i) Salaries of commission. There shall be
paid to the commissioners of the City of Miami,
Florida, by the City of Miami as compensation, the sum
of five thousand dollars ($5,000.00) per year for each
commissioner, payable monthly in twelve (12) equal
installments, and there shall be paid by the City of
Miami to the mayor -commissioner an additional sum not
to exceed two thousand five hundred dollars ($2,500.00)
annually to be used by the mayor -commissioner to cover
any or all entertainment expenses of the office of
mayor -commissioner of the City of Miami, Florida.
The said compensation :)E five thousand dollars
($5,000.00) per year is to be paid, as provided in
section 1 [the preceding paragraph] hereof, beginning
December 1, 1949, to the three (3) commissioners
elected in the regular municipal election to be held in
November, 1949; and the said compensation of five
thousand dollars ($5,000.00) is to be paid beginning
December 1, 1951, for the other two (2) commissioners
who will be elected at the regular municipal election
to be held in November, 1951. it is understood that
the additional compensation of two thousand five
hundred dollars ($2,500.00) to be paid to the
-17-
st)_351s.
3
i mayor -commissioner, as provided in section 1 [the
preceding paragraph] hereof, shall be paid beginning
December 1, 1949.
see--f3-H :-----B�eetieri-wher►-tern�e-of-fear
or-mere-eomn+issieners-expire-
simaltaneetssly--
t Where-the-terms-ef-fenr-f4}--er-more-eentmissieners
expire-simaltaneeasly-st-ene-general-efeetier;-then-the
number of eommissieners regn#red to eenstitate a
� eemmissien-ef-lice-f5}-members-shall-be-elected-fer-the
terms -of -of f iee-prescribed-by-seetiern-4-of-the-@harter
i
ef-the-eity-ef-Miami
i
Section 3. The provisions of Section 2, in whole or in
j 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
gin such case, the provisions of Section 1, in whole or in part,
of this ordinance shall be void and shall have no force or
R
effect.
Section 4. All ordinances or marts of ordinances in
:#inflict 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 unless t3uch holding or invalidity thwarts or
frustrates the above expressed intent of the City Commission. If
the expressed intent is not thwarted or frustrated, the remainder
of this ordinance after the exclusion of such invalid part or
parts, shall be deemed and 'held to be as valid as if such part or
parts had not been included therein.
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.
� -18-
O
PASSED ON FIRST READING BY TITLE ONLY this day of
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. ONGI , CITY CLERK
PREPARED AND APPROVED BY:
OBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS 'rO FORM AND CORRECTNESS:
LUCIA A. DOUGHERTY
CITY ATTORNEY
85-358_.