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Item #02 - Discussion Item
J-84-745 rr/029/D-02 CF2 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 NOVEMBER 61 1984, 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, DIRECTOR OF ADMINISTRATION, DIRECTOR OF FINANCE AND BUDGET AND DIRECTOR OF DEVELOPMENT= EXPANDING THE COMMISSI.05 FROM RIVE 20 5' NINE MEMBERS, WHICH ARE TO BE ELECTED ON SINGLE -MEMBER DISTRICTS AND H ARE TO BE ELECTED AT LARGE, AND DEFINING THE QUALIFICATIONS, RESPONSIBILITIES, AND COMPENSATION OF SAID COMMISSION WHICH SHALL SELECT ITS OWN CHAIRMAN; ESTABLISH- ING A BOUNDARIES COMMITTEE WHICH SHALL BE IMPANELLED JANUARY 11 1986 TO DETERMINE THE ORIGINAL DISTRICTS AND WHICH COM- MITTEE SHALL BE REIMPANELLED AGAIN IMMEDIATELY AFTER EACH FEDERAL DECENNIAL CENSUS TO REDEFINE SUCH DISTRICTS; REPEALING ALL CHARTER SECTIONS OR PARTS THEREOF IN CONFLICT; CONTAINING AN EFFECTIVE DATE OF AUGUST 1, 1987, EXCEPT FOR THE PROVISIONS DEALING WITH THE BOUNDARIES COMMITTEE, WHICH SHALL BEt69M- EFFECTIVE JANUARY 1, 1986, AND CON- TAINING A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Commission hereby sub2i following proposed Charter Amendment for submlfsipa/to th qualified electors of the City of Miami /f8f/a specia municipal election on Novo r 4 creating an Executive M yor of Miami and defining u is pensation of the mayo t o c 1984,JISO'Khe purpose of rnment for the City ions, functions and com- on, the director of administrat , directbr of finance and budget and director of devel expanding the city commission from five to nin me at five of which are to be elected on the basis of 9 member districts and four of which are to be elected at larger and defining the qualifications, responsibilities, and compensation of said commission, which shall select its own chairman= and establishing a boundaries committee which shall be impanelled January le 1986 to determine the original districts, said committee to be reimpanelled again immediately after the official results of each Federal Decennial Census to redefine such districts. The following proposed Charter Amendment shall repeal all Charter sections or parts thereof insofar as they are inconsistent or in conflict with the provisions of the proposed Charter Amend- ment. Except for the provisions of subsection 4(c) hereof dealing with the Boundaries Committee, the proposed Charter Amendment shall become effective on August 1, 1987. The provisions of proposed subsection 4(c) as set forth below, upon approval by the electors, shall become effective January 1, 1986: CHARTER AMENDMENT NO. 2 Sections 4, 13-B., 15, 16, 23-A.1., 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 expressly amended 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 4eesM#as4en-Manager 'executiv,e�. mayor plan'. The commission shall consist or fivetS+ nine citixens, who are qualified voters of the city --and who shall be elected at kavge in the manner hereinafter provided. The executive ma or who shall_ not be a member of Ue commissions shall serve ruii time ane shall be elected eve�rx _u —14) ears and MTT nof after 1937 be elected for ore an Ewo coniecuEl7e full terms or Uf1cel TEe eosin► ss on a'Soll cons u e a govern ng Mi with powers f as hereinafter provided } to pass ordinances, adopt regulations, and ratif_Yy�g a maiority vote all acocint.ants uds'nv"Eno ukavnr unasr nzs ner powers. appetwt a ehtef aats4it a= FlagTV* -e .ea r-FeTknewn-er-the-jeftx-mane'erTA 1 (lords 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- and The commission shall exercise all legis- lative powers con erne upon the city exce as eFi` rrelnafter provided. (b) Election of commission and Mayor; terms of office; recall districts and t--Tar e' groups. , The commission shal cons st o ♦e- nine )� members as followst 44v*-- 'Y m er IBM e ale str cts, numbered District I through strict v, as MeInaf ter groyiaR, an members who shall e e.' from the city at large Q In gr ups numbered,f. hren'h-VT At -Large Group1 At -Large Group2 °-�Ct-Lar a Grou—"�3� as Tiereinafter 12rovided. The mayor ON e elected rom the c1tX at largein a 2rouR cal e ayour. ne-e -sa-eess enere-s e - e-t a-mayer e=sF+ei*-be-a*eeted-by-the-people-from-the-group to be numbered f and al* persons desiring to qualify-es-eandidete-for--mayer-shell-fife-in-group f:--The-Mayer-shell-have-the-power-set-forth-in-the charter of the city of Miami in Bade EountYT F*eride: A** persons desiring to qualify for eemmiss#eners she** file in greups numbered ff threes h-Vs-Eemmissieners-in-greope-numbered-ff-end fff-shell-be-a*eeted-at-the-general-e*eetiens-to-be held-in-the-rear-l955-end-et-eeeh-general-a*eetien eeeh-fear-f4+-years-thereafter:-eammissioners-in greupe-numbered-*V-and-V-shell-be-e*eeted-at-the general-eleet4one-to-be-held-*n-the-year-*954-and at eeeh genera* e*eetien eeeh leer {4} years thereafterT the mayor shall be e*eeted at eeeh general -a*eetien-and-shsl*-held-effiee-for-a-term of-two-f2+-years: (1) Districts. For the purposes of electin2 members to the city commission, the -city shall a divided into S istrictI as eterm ne t e own cries committee, which districts shall e numbered District I t roug D str ct j. All persons desiring to _qualify as andidates tor commissioner from the str cts Hall e in tSe aistrict n w is ey Midi. ( 2 ) At -Large _Groups s Mayor XAAA C 3) There shall also be devr,M members he city co�ss Z;n` e7 *cte3 at _of large. All persons ersons isiring o qualify as candidates for commissioner t large shall e in - are CroU - ar e roug , At -Large Grou5 persons desiring to qualify as candidate -for mayor shall ! In the arouo named Havor. (3)_ Terms of officer resignation and rem The -mayor shall be elected at the vember,general municipal el Rion an a e general municipal a ect on each our years The commissioners III District s r ct e elected at the November election o serve two y 3 District go UFF 8T`genera to r'ms . Distri P,SM.j 1E 0 The commissioners in At -Large Group 1 and At-Lar a roup 2 shall be elected at the November 1447—general m5niclFil e ect on F5 serve a wo year term and ther'MM Shall e e ec e o serve our ear arms. The commissioners in At -Larne Group 3 A#A all be e e ivai municipai venerai election to serve tour ta) year terms_ The mayor and all commissioners are to hold office until their successors are elected and qualified from twelve o'clock noon of the day after the canvass of the vote and the declaration of the result of the election. The mayor and all ether members of the commission shall be subject to recall. Vacancies shall be filled as provided in seet4en-33-A-of the charter of-the-Pity-of-Hlem*. If a candidate for office of mayor or com- missioner receives a majority of votes in the primary election in his/her group or district, he/she shall be considers elected upon an3 a ter the canvass of the vote and the declaration of the result of the election as hereinafter provided. If there be no majority, the two (2) candidates for nomination of the office of mayor or commissioner who receive the greatest vote in the primary election in each group or district shall be placed on the ballot at the next regular municipal election following the primary as provided in section 8 of this Charter. The candidate for nomination receiving the greatest vote in the regular municipal 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 irrevocaSle roniination of Sis7Fe—r resent office of city commissioner to the cif 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 ins Eiruct the clerk to accept qualified candidates to run for election for the unexpired term of the commissioner resigning for the purpose of running for mayor. If any mayor or commissioner elected under the provisions of this act desires to run for some elective office other than the mayor or city commissioner, then under such circumstances he/she shall not be required to resign his/her city of ce unless and until he/she has been � cted 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 er failure or refusal to do so he/.she. shall be disc arged and ousted from his/her office and said office declared vacant by a s-a ority vote of the remaining members of t city commission. -4 (c) Boundaries Committee. A boundaries committee is hereby establ ishe3. Tj `shalt be Sane"l lea on L a�T ?'Sr1186 t o purgose of definini-the or na s r c s. Thereafter a s a reimpanelle iime3'latei a_ter th*_ Micial reesu t o eac Fideral decennialcensus is con rme o re a ne the Soun3arles of sucS districts. The boundaries committee shall be composed o one person nom nate each mem er o e commissioncommissiont plus the o ona n a ona n v ua s: (1) The Chief Judge of the Eleventh "Judicial Circuit In an3 for ae oun or a shaff serve as chairperson or a o n e c a r erson from the mem ers of the committee. (2) The Presidents of the Dade County Bar Xssociitiont t e BTa'ck Law ers Association, the u an- mer can Bar ASSOCiation, and the Flori3a Associat on or Women Lawye a e ount a ter. It any of t Fese n i' i ua s is u.iwilling or unable to serve, their re- spective associations s a name a replacement. A nuorum shall consist of seven (7) of the total mem ers. The boundaries committee shall have a budget of ten thoMnd dollirs or stafff secretarial servicesserviceal tars ca and legal worKe THe city attorney shall a ava a e-to perform legal services as required :Oy Ehe committee* The boundaries committee shall set the final boundaries not later than Au ust 1 1937 w ereu on LE shall cease to function until next mpaneTied as provi3ed Serein. 9 t The boundaries committee shall meet all constitutional re u rewen s and shall attemRt to ba nta n both ethnic and neig borhood rol2r***ntation, givinge highest Erioritye acorn *thnicity. in derining the boundarieso e districtst the 15oundarlem committee ariall o serve federal and sta a laws and countz or nances conc;rnlng the -voting estabIr-shment an nteir Y of prec nets. The boundaries committee shall adopt its own rules of r;Sc;durei an3 its findin, s dot* r■ na ons, an conclusions shall Be Ina.an -5- s tea .01 Qualifications of commission= commissioners and other officers and employees not to be interested in contracts, etc.= franks, free tickets, passes or service. Members of the commission shall be residents of the city and of the district from which he/she seeks to be electeT, it a district seate and have the qualifications of e ec ors therein at the time of filing for such seat. Commissioners and other officers an 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 s 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. {d+ (e) Commission to be judge of its own elections net to dietate appointments by or 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-ner-any-of-Its-eemmittees-or members-shel#-dietate-the-appeintment-of-any-pereen to-offlee-er-empleyment-by-the-eity-managery-er-In any manner interfere with the e#ty manager or prevent-him-from-exereising-his-own-ledgment-in-the appointment of off#eere and emp+ogees in the admin#strative-serv#ee:--®*eept-for-the-parpese-of inqu iryT-the-eommiss#en-end-its-membere-shah-deai with-the-adm#n#etrative-eerviee-seke+y-through-the eity manager and neither the eemmise#en nor any member thereof sheii give orders to any of the subordinates-of-the-e#ty-monagery-either-pub+#e*y or private*yv Any sueh dietatienT preventionT orders or ether #nterfevenee on the part of a member-ef-the-eemm#seien-with-the-administration-of the-e#ty-sha*i-be-deemed-to-be--vie+atien-of-the eharterT -and-upon-eenv#et#en-before-the-e#ty--eeart any -member -se-eenv#eted-oho##-be-subleet-te-a-f#ne net exeeeding five hundred de##are f0500t00; or impr#senment-for-a-term-ei-net-e�ceeeding-s#:tY-fb0; itYs-oe-bethT-and-in-the-diseretien-ef-the-eeMtet •hark#-fs+rfe#t-h#s-ef f #ee� fe3 (f) Ratification and appointment 8#eetfen of off Lcers by cosm ss ont rules of commissions quorum. The commission shall ***et ratify by a maiority vote an aaoointment made by the mayor of a director of administration -A airector or finance and budget, a director of eve o__pgm*n sad city attorney. The Commission ,shall !Mint -6- and supervise a clerk. a fudge-of-the-mun4etpel eourt -en -e • -sery ee-eemm*eoienT-but-nNo member of the commission shall be ehosen-es meneier-or-es e member of the etvi4 serv4ee eemm4es4en or aRpointed to any ether city office or employment. e comm scion may determine its own rules of procedure and may punish its own members for misconduct, and-may-compe+-ettendenee-of-membere Each member of the commission shall for each fiscal year attend of a re u ar meet n s of the commission an3 must be presentfor at least 75o each such re u ar meeting. uc Mendance shall e certified after each meeting the City clerk. T e lack of suc--attendance shall cause an automatic foiefeiture of oFfice w t out any urt er comm ss on action. The resulting Vacancy shall e iTle3 as providea in tFis charter. A majority o all the mem erg of t o comm ss on s all constitute a quorum to do business, but a smaller number may adjourn from time to time. tf} L9J Meetings of commission; to set by erdinenee-or-resoiut4onT form of, manner of passage and publication of ordinances. At twelve o'clock noon on the day the commissioners take office, they shall meet at the city hall. thereafter the commission 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 eex+rnieaien-eha44-eat-en47-F�7-erdinenee-er-written resei"tient and e4i 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 an two E2+ separate days or the requirement of reading an two f2; separate days been dispensed with -by a four-fifthe- E4f5+-vote-of-the-members-of the eemmission 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 f nancial interests are involved. The ma or t e director of administration the director o finance, an u e the rector o eve o men e c erand the cif attorney shall attend all regular meetings o to c y comm ss on. All ordinances passed commission shall a su m t e by a ore the city o n n o effect, o e mayor or s er approval. approved, u s e shall s1gn t e tame; thereupon it shall ecoAe a law. If disapproved,u s e s a return the same withEit4her o ee ens n writing to the c1ty comm ss on within forty-five ays -7- from its passage b the commission. The objections s a a entered in full upon"fEe record of the proceedin2s and the commission shall rocee to consider said object ons aF3 to act upon the same. upon cons erat on the s t comm ss on s a ass the same a Ewo=tEirds vote o t e entire comm ss on wDich vote 7hill Se enter;upon Ehe recor t e ordinance or oFdlnances-shall then ecome a aw 9 the may°r s objections to t o contra`- ar notwithstanding. in . Any ordinance which Mll-not be returned to the city comm ss on within forty- ve a s a ter its gassage s h a become a law in like manner as`if slaned by the mayor. {q+ (h) Powers and duties of mayor. Not- withstandinq any other provision of this Charter. lthe mayor shall preside at meetings of the eimmissien-and-perform-seeh-ether-detiesT have all executive and administrative powers of the q ty and ee r orm all auties consistent with his/her office and-thi s-C-arter, ncluding but not liml-t—eU to the following: as -may- e- mpese - y-t a-eemr+ ssien:-He e a - e-reeegnited-as-the 1) to serve as the official head of the city for all ceremonial purposes and shall be the official spokesperson for t e C1t ; (2) to be recognized by the courts --`for the purpose of serving civil process, and by the governor for military purposeSTand may declare a state of emergency; fin time of puSliZ 3anger or emergency? ; he-mayT -with -the-eeneent-of-the _ eammissienersT take eammand of the-peiiee-end-maintain-order-end enferee the 1awss Baring his obeenee-ev-dieabiiity-his-dutiee ehaii be performed by another member appointed by the eemmieeienT; (3 ) to appoint the cityattorne the director of administration, the rector -6f finance and budget and t e direct5r of developient with e advice an3 consent o t o coimis;loni to appoint the head of eac a artment; an to remove a ;ill anx such officer or depArtment head.1 (4) to supervise the directors of administration, finance an u get, and development#any one of whom may e appointed by tbe ma or to serve as deputy mayor In the absence of the mayor. uc a2eointiifit ihall be sub3ect to ratification t e comm is& ion. If sucH Mification is not made within__15 gays, tHe ado n men -8- shall be deemed ratified. If the commission re ecta aii three agpointmenter the ma or MIT ave the power not withetandin such re ect on to select one o such officers as deputy mayor; (5) to enforce the charter and ordinanceof —tie +city ana all general laws app ca e there- to; - 6) to present recommendations to the commission on the requirements of the MY overnment, including but no limited to the initiatron ordinances and other eq s a- tion; (7) to _prepare all commission agendas and to prepare an submit to the commission his/her recommended annual budget, together ME an operating bu et message. The line item budget maX be changed E__Lnled bythecommission. The mayor may veto any change made by the commission except for audit and Rersonnelappro- priations. Such veto may e overridden by a two-thirds vote of the entire commiss on; (8) to exercise a veto power over ordinances or resolutions adopted by the commlssioF—,- which max be overridden bx a two-thirds vote of the entire commission; (9) to attend all meetings of the commission' with authority to toe part in the discussions or direct any officer or de par - m*nE heado taX9 Rart in e discussion. but without Power to votes 10 to a oint all boards and com- mees subject o a rat co- on or a majority o e commIssionj and to remove a w= any such oar or com- mee member. This provision shall e &jpl1Cable to the u C Member* or the C v service board and Eo the Off-street par n oar notwIthstanding any other rov s ons of this Charter to e con raryl 11 to call s ecial meet in s of the commission a an 'tine e s e may eeM 2rojeer for two — consideration o Any business of publM import. am Cit Commission jpowersl limitation and functionse In the exercise of is levislatfUg funcEMRs ana` owers the comet as on may enter into consu tat ons with ar s officers ana emplozees of Ehe city w enever in the judgment of the commission it becomes necessar however, ne ter the comet ss on nor any member thereof sfiall Interfere witwitfi t o con uct of-anof-any departmento officer or employee n the discharge o er duties. e comet ss on Shall ave the jeower to call s ec a meetinri BY a ma3ority vote when it cleems proper for the Eonsi erat on of any builness of Public import. th+--Saler4es-ef-eemmissionT--There-shall-be paid-to-the-eemmissionere-of-the-e4ty-of-M4am4T-Pler4dav by-the-city-ef-M4eta4-es-eea+penset4enT-the-satw-ef-five thousand dollars +$57999T69; per Year for eeeh eomm*994ener7 peyable menthly 4n twelve F49+ eque* 4nstallmentsT-and-there-shell-be-paid-by-the-e4ty-of Mism4-to-the-maYer-eammtesioner-en-add4t4enal-sum-net-to tweeed-two-theusend-five-hundred-deilars-+027599T99; annually-to-be-used-by-the-maYer-eemm4se4ener-to-cover any or all entertainment espenses of the eff4ee of maYer-eesm4se4oner-of-the-city-ef-Miam47-Pler4deT �Phe-said-eex+pensetien-ef-five-thensend-dellers 495T899T99+ per year is to be paidT as provided 4n seetien-i-{the-preeeding-paragraph}-hereefT-beginning Beeember-iv-19491-to-the-three-f 3+-eamm+ssienere-eleeted 4n the regtliar mun4elpai eieet4en to be head in NevemberT i949T and the said eetnpeneetion of five thousand-doilere-ti5T898T66�-is-te-be-paid-beginning Beeember-iT-l9SiT-fer-the-ether-two-fi+-eernmissieners whe-will-be-eieeted-at-the-regaier-men4eipel-eleetien-te be-held-4n-WevemberT-i9SIT--it-is-anderstoed-that-the addit4enei-eetnpenaat4en-ef-two-theasand-five-hundred deilers +sRT598T99+ to be paid to the ■eYer-eemmissienerT as provided in seetien i {the preeeding-paragraph}-hereefT-shed-be-paid-beginning Beeember-i T-i949T Chairman of commission; service status. The chairman of---tWe commission shall a selected by the commission to serve or two years and shall e so selectea within a s of each general mun c a election; not so selected, the c a rman shall be appointea by the ma or Yrnm members oF Efie commission-. e chairman shall serve on a full-time Easis wHicH Is Mined as forty (45) hours er week. e t- ar e members o e commission u me wlii va a COMMINNIUMUZ I ro serve ruiIZ1se e costa ss oners repres*ntlng districE-s may only serve part time unless selected as e chairman. (k) Salaries of mayor, commission, and directors of &dminlstrationt finance and budget,and developmen---t. e comet ss on shall set the Salaries and c nsa on o_ the mayor nd Ehe chairman of the commission at e time each fiscal- ear budget r approved. a ma or s salary will not exceed one hundred p*rcent of the sa arl+ of The chief executive o cer of MetroDolitaR 10- tW v t •�.�. s � fig._. ����+.�.�- a Dade Count or its su cessor.entityl and if none the comm iss on shall set t o limit. The salaries of the rectors of ad`mi;istrIktion# finance an3 Tudget,,an eve o ment shall e eaktabliShed by the mayor. The sal_pry of the chairman o t e commission shall e sixty percent of the -may r s salary. a salarysaliry of f e+,j 4+ jn,,.k - meet ers of the comet ss n, other than the chairman o t o commission, e -ZBLa s e Y._x -co st . L e ov �nz - at-ia s oners w o c oose -to serve =4n a s s _ xece ve two nty rQ*" --e - to u cotton I s s i one re r-- (1) (qualification and duties of the director of administration, directo—r'of finance and b e't'and 0e director of development. THe individual or ' nc. i v u a s holding 'the Rosition of director of a m n- I—Swat on rector of finance and budget and direct3-r o<'eve o ment shall ave Veneral oversight of suc depertments and heads t ereo boards and committees as may be assigned t e ma or. Noweverr generallyt e di or of administration shill. supervise those service de artments such as police, re sanitation and --zoo ng; the rector offinance and budget seal oversee the fiscal aspects an3 departments of the city; an3 t o director of development shallbe responsible for those apartments that deal with ong range, neig or oo , community or economicmeat. Such director or directors shall ave at least five ( ears of hig�i _eve government experience or equiva ant pri�•ate sector experience. Se er-#3-Br-----bieetien-when-terms-of-f.eur er-there-eemP4994enera-empire 9#Mu3taneeusiyr Where-the-terms-ef-four- f4}--or-there-e&mm*ss#oners expire-oimu*taneeus}y-at-one-genera#-eieet#enT-then-the number of eamm*ssieners required to constitute a eemmiss#en-of-five-♦5}-nembere-sheii-be-a#eeted-ter-the terms -of -of f tee-preser# bed-by-Beet#on-4-of-the-eharter of the-city-of-mam#: See:-#5s--e#ty-manager--Appe#ntmentt qua*#f#eatienst-term7-9a*aryt s#ekness-or-abseneej-reaove*s !he-eesve#ssien--shad-within-thirty-f 36}-days-after tek#ng-off#ee-appe#nt-�-city-aaneger--Mhe-eha��-be-the adm#n#strative head of the ■dnfe#pa# government and ehak*-be-reopens#bke-ter-the-off#e#ant-ads#n#strat#en-of a}} -departments -and-nay-be-the-head-of -so eh -department as-the-eo�#ssfen-tway-by-erd#nanee-prey+de:--Be-shai*-be eheaen -on - the -bas#e-ef-h#s-exeeut*ve- and- adm#n#strat#ve 'ua##f#eat#ens:--He-sha##-heid-eft#ee-at-the-w###-ef-the eommiss#on* 9e sha## reee#ve such sa#ery as may be f#xed-by-the-eeaa#ss#enT--fn-case-ef-the-•#eknees-er absence of the a#ty manager the a#ty eoam#s s#on say appoint another pereenr net a member at the a#ty eemm+ss#ony to set fee the a#ty ■anagery der#ng h#s s#ekness-er-absenee-and-the-person-se-appe#nted-aay. due#ng-the-absenee-or-s#ekness-ef-the-e#ty-sonegery-act far -him-and-perform- all -his-duties-and -all-saeh-aets-of the person se appointed shall be as valid as theegh perf armed- by-the-eity-managerv--The-person-appe#nted-by the-e4ty-eemm4seten-te-set-se-e4ty-manager-dur*ng-the absenee-er-s4eknese-of-the-eity-meneger-she}}-net-be entttied-to-er-pa4d-any-eempenestion-for-his-serviees-es sueh-a*ty-manager-by-the-eity-ef-Miamiv bet fa3--Remerel-ef-e4ty-manager:--lhe-eemm4ss#en-she}} appeinl-by-e-mn jerity-vote-ef -its-membersT-!he eity-manager-for-an-4ndef4nite-teemr-end-may remove-h4mv-by-a-mejer4ty-vote-ef-its-membersv At-least-thirty-f40+-days-before-sueh-removal shell-beeeme-effeet4veT-the-eemm4ssien-she}}T by a majority vote of its members: adept e preliminery-reselut4en-stating-the-ressene-for his-remevaiv--9?he-e4ty-manager-may-reply-in writing and may request a publ#e hear4ngr whieh-shad-be-held-net-ear}ter-then-twenty {38; days nor later than thirty }39; days after-the-f ding-of-sueh-regoeaty--lifter-eveh publie-hearing:-if-ene-be-regaestedT-end-after full eonsideratien the eemm4994enT by a majority •ate of its memberer may adept a final-re9olut4en-ef-remevaly Bee:-16v--Same--Pewere-end-dtttiesr The -pewer9-and-duties-ef-the-eity-manager-shall -see -that- the- laws -and-erdinanees ere-enfereed: {b}--le appoint and remeveT exeept as herein previdedT all direeters of the-departments-end-al}-suberdinate officers and emp}eyees in the departments-in-both-the-elessified and unclassified servieet all appointments to be open merit and fitness-aleneT-and-in-the-elaes#f#ed service all appointments and remove* s-te-be-sobjeet-to-the-eiv4} serv#ee-previsions-of-this-ehartery {e3--le exercise eentrel ever ell departments and divisions created herein or that may be hereafter ereated-by-the-eemmi994onv 4d;--le attend all meetings of the commission with the right to take part-in-the-diseuss#on-bet-having-ne votev fe}--le-reeemmend-to- the -commission-ter adoption such measures as he may deem-neeessary-or-expedients {ti--le-keep-the-eemm#ssisn-folly-advised so to the tinaneist condition and needs-of-the-eityl-and- Fgt--To-per* arm- Such -other -ddties-ss-may be-preser#bed-by-this-eharter-or-be required of him by ordinance er roselotion-sf-the-eemmissisnw" -12- Sec. 23-A.1. 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 (5)1 members. Each member of the board shall either reside or have his or her principal place of business in the city and a- a?T—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-shei* the mayor shall appoint the members of the board, two (2) off' w om� shall 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 eemm*ssien-ef-the of ty mayor. In the event that any appointment so made shall not be confirmed by the eemmissfen __m__a_��or__ 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 eemn*os+en 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 practicable, e-"' acF"—member of the board shall enter- open -his-dutfeev assume offices but before doing so he shall take the oatH pr*scri d by *eelfen-9�-ef-the-4itY-@herter elsewhere in this Charter and shall execute a bond in the penal sun of Ee—n thousand ($10,000), payable to the department and conditioned upon the faithful performance of. the duties of Ma the officer. wh#eh-bend-*ha*& *Said bond shall be approve�by the commission of-the-e$!y 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. tine Each member of the board shall be paid a salary of f if ty(s 0 ) per annum or such larger sun as the commission may establish by ordinance. 1 ATTORNEYS MOTE s subject to results of proposed expansion of board from five (5) to seven (7) members at a special municipal election held November 6, 1964. -13- Any member of the board may be removed by the eemm#s94en mayor,, for good eaase and after proper hear#n,T blr ! e esamtesiony 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 commission. (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 an =ave 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 enter#n9-dpen-h49-dates assumin2 office, the director shall take the oath and execute t e and prescribed hereinbefore for each member of the board. The director shall act as the chief executive officer of the department, shall devote his-ent#re full time and attention to the duties of his the office, and shall not engage actively in any other-Eusiness 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 of-the-eity a monthly report wit 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. Sec. 60. Civil service--great#en-of-beerdt appe#ntsentt-terms-ef-eff#eet ♦eeene4est-rd*es-and-read*at#ene. A civil service board of the e#ty of M#am#ir a mdn#e#pad-eerpera!#en-ef -the-Btate-of-Per#dal-bey-and the -some city is hereby created and established t-and .There shall -be five (5) members constituting the said civil service board. Three (3) shall be appointed by the eomm#as#en ma or, and two ( 2 ) shall be elected by the employees o e @ity of M#am# _ceityy with civil service status, from said employees 'wsuch 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 eemm#as#on mayor may remove any appointed member without cause and any other member 3? Ese"Ws"" or cause, upon stating in wri ing the reasons for the removal, after allowing him or her to be heard by the eoms#ss#on mayor in the#r his or her own defense. Any vacancy shal a filled by the eommU-Sion mayor for the -14- unexpired term. The e4ty-manager mayor is shall -be -and he 4s herebyv authorized to prescribe 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. 86. power to appoint boards or commissions of citizens. The commission may, at the request of the e4ty managerT-sppefnt create boards or commissions, to be composed of such nu— iSer 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 a -majority -•ate -of -the eemmisslens the mayor Sec. 90 Compensation of officers and employees. The eammission shall fox by eed4nenee the eempeneatien-of-the-eity-managerT-heads-of-departmentsT menieipe*-ledge a -and -the-eity-elerks--The-eity-manager The ��m__a__y�__o__r__ shall fix the number and salaries or compensation of all other 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 eity monagee 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 1.A. To accomplish the stated purpose of the herein proposed charter amendment it has been necessary to make extensive changes in the existing charters 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 1 of this ordinance shall be changed to •Mayor" including but not limited to Sections 520 53, 540 55, and 65. -15- 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 munici- pal election on November 6, 1964, 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 director of administration, the director of finance and budget and the director of developments expanding the city commission from five to nine members, "of which are to be elected on the basis of single member districts and 4eav f which are to be elected at larger and defining the qualifications, responsibilities, and compensation of said commission, which shall select its own chairman; and estab- lishing a boundaries committee which shall be impanelled January 1, 1986 to determine the original districts, said committee to be reimpanelled again immediately after the official results of each Federal Decennial Census to redefine such districts. The following proposed Charter Amendment shall repeal all Charter sections or parts thereof insofar as they are inconsistent or in conflict with the provisions of the proposed Charter Amendment. Except for the provisions of subsection 10(a)(4) hereof dealing with the Boundaries Committee, the proposed Charter Amendment shall become effective on August 1, 1967. The provisions of proposed subsection 10(a)(4) set forth below, upon approval by the electors, shall become effective January 1, 19461 CKARTRR AMENDMENT NO. 2 Sections 4, 7, 10, il, 12, 13, 14, 150 16, 17, He 190 20, 25, 27, 29, 3i and 32 of the City of Niami Charter, Chapter 10847, Special Acts, Laws of Florida, 1925, as amended, are hereby further amended in the following particulars: 1 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are effect and regain unchanged. -1 "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 Aeomm4a s#en-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 ma orit vote the a ointments made`�i t--fie mayor of the director of administiation irector of- n� ance an -budget, t o director of developmento the c y attorneyand o�6aa `rd n! committee appointments. P. comm ss on shall appoInt and au err se a MEW-. appo nt-a-e af -e m n strat Ne-e 4eer-to-be-known as the •e#ty manageray and exereise a+} powers eenferred open the e#ty exeept as hereinafter provided. (b) B}eetien of eff#eers by eommise#en= rRules of commission; limitation; quorum. the eeam#ss#en-sha}}-a}eet-a-e ty-managerT-a-a}erkT-end a-e#ty-atterneyT-bat nNo member of the commission shall be chosen as-manager-or-g#ven for any ether city office or employment. In the exercise of its legislative functions and powers, t e commission may enter into consultations_ with boards—, o icers and etep oyees o t e city whenFi ever inthe_ uu judgment of the commission it becomes necessary; -however, neat er t e commission nor any member thereof s a interfere w1th the con uct o an a artment, o icer or employee in -the discharge of his/her duties. The commission may -determine its own rules o� pr©cedureT and punish its own members for mis- conductT. Eact—member of the commission shall for each fiscal ear attend % of -all -regular meetings of t e commission andmust be resent for at least of each such re u ar meeting. uch attendance iHall be cert-ified after each meetin2 by th;; city clerk. a lack of such attendance shallchall cause an automatic forefeiture of office w t out any further comm ss on action. The TesultiNg vacancy shall e filleda: proviaed in tHis charter. an -eompe -1 e a en enee of mem eras ma ority of all the members of the commission shall constitute a quorum to do business, but a smaller number may adjourn from time to time. Eei--Appe#ntaent or #nterferenee with amp}area ss-Me#then-the-eewa#ss#en-nor-any-of-#ta members-eha}}-d#elate-the-oppe#ntmenl-of-any-pereen to-tap}eyment-by-the-e#ty-manager-or-in-any-manager #nlerfere-w#th-the-a#ty-manager-or-prevent-h#m-=rem esere#s#ng-h#s-ewn-fudgaent-#n-the-appe#ntaent-ef em*}syee s-#n-the-•da#n#stsat#ve-serv#ees--9�eeept iOr- the -perpese-of-#nqo#ryT-lhe-eeam#ss#en-and-#te members-sha}}-dee}-w#th-the-ada#n#stret#ve-serv#ee so}efy-through-the-a#ty-managerT-and-ne#thee-the Commission nor any member thereof she}i give sriera�-a#tbes-pub}#c}y-er-ps#rate}yT-to-any-of-the srbesd#notes of the a#ty aanegers Any such d#etet#env prevent#enT srdereT or ether #fttesfesence on the part of a member of the Beam#ss#on with the ado#n#strat#en of the city sba}}-be-deemed-te-be-a-v#o}et#en-sf-the-charters -17- +4+ ( Meetings of commission. At twelve o'clock noon on the day the commissioners take officer they shall meet at the city hall. There- after 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 mayort the director of administration the director of finance ana budgettthe diroctoi o development,t e clerkclirk and the city attorney s a attend all regular, meet n s of the city Comm as on ♦eel--Powers-end-dut#es-ef-mayerv--the-mayor she** preside at meetings of the eemm#994ea and perform each ether detiesT eens4stent w4th his off#ee-end-this-eharterT-as-msy-be-imposed-by-the eeam#ss4enT--tie-ehai*-be-reeegn4sed-as-the-effte4ei head-of-the-e*ty-for-a**-eeremente*-parpeseev-by the eeurts for the purpose of being served with e#v#* preeesel and by the governor for m4#4tery purposes:--fn-time-at-pub*#e-danger-or-esergeneyT he-mayT-w*th-the-eensent-of-the-eemmioo+enereT-take eemmand-of-the-pe*4eeT-maintain-erderT-end-enforee the *awes During his absenee or disability his duties shelf be performed by another member appointed-by-the-eemm4ss4enr fff (d) Salaries of mayor, commission and directors of administration inance and budget, andevelopment. ere-s a - e-pa -to-t e-MayerT nnd-te-eaeeemmissioner-as-eempeneatien-the-sum-ef 45T896 per Year payable monthly in *2 egnai #nets**mentsT-and-there-shefi-be-paid-to-the-mayer the-add#tienai-sum-ef-��T588-annaa�*y-to-be-used-te eover-entertainment-expenses-of-the-effiee-et-sayer ef-the-e4ty-of-Mfami7-P*er*deT The commission shall set the salaries and cos ensat on of the mayor an the chairman of the commission, the c ty attorney, an3 the clerk at the time each sca - ear u et s &Pprove3. The mayor's Miry willnot excoe one hundred percent o the salary ofETe- chitf executive officer of Metr2Rolitan Dad* county or its successor antitx andt it none a com- mission 45*11 set the m e sa ar es of the rectors Bf a m n strat on nance and b0got, iknd developmentshall a established by tEa ma or. e salary of to esair-man of the commission MIT s x v Urcen o e siavor s sa arv. %tran 'tre enairsan s ♦'; Ordinances and resolutions) voting. the comeJ,?el as* on sheik* act enty by sea#nance or wr*tten reso*ut*onT and sAll 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 appro riations. No ordinance shall be passed anti has been read on two separate clays, but a or ency ordinance say be -i g- k �y l passed on one reading only by a feew-fifths two-thirds vote of the members or the commission. oral5incei 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 own official conduct or on matters in which his financial interests are involved. No ordinance shall go into effect until 19 10 days after its passage unless it is declared to Tie 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 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 compliance with an initiative petition shall be regarded as an emergency measure. All ordinances passed —by the city commission shall a submitEed bewTore going Fnto e ect, to the ma or for his®r approval. agproved, he/she shall sign the same; thereupon t shall ecome a law. If disapproved, he/she s a return the same with his/her objections in writing to the city commission within a s from its passage bX the commission. The-Sbjections shall e entered in full upon the record of the rocee n s an the commission shall proceedto consider sa obJect ions an3 to act upon_ t e same. If u on consideration t e city commission shall ass the same by a two-thirds vote of the entire commiss on which vote shall a entered upon the recor3t the ordinance or ordinances t a I then become a law# the mayor's objections to t o contrary notes t stand' na. Anv ordinance whicH —shall not e s r if) Blection of officers by commission._ _ The commission shall ratify by a majority vote - an a o n-inttmcnt made by the mayor of a director of a m p s ra on a director o finance an u* a ,dIrector odevelopment,,an a c a orne . maJority or all the members of the commission M&TT constitute a quorum t5 do businiss, Buta sma er num er may a ourn rom time to se* The cor- m ss on uaX, by a majority VOE*"call a s *c a meeting or the commission when it d*ems ro r for e consideration o anv business of Dub11c sport. Chairman of commission. The chairman of salon shill selected b; the cams ss on or Ewo vears andhall be to se *c e is so sei*c Me maor c a wan an 4s '1n93_&_s-'T of the Comm 5r each Soneral sunici ai eiectton the cairman Shall e appoint4k m** errs df M commission. e serve on a full-time Basle w c s are per wee *a-a1.rame rs orh full • II �• tise' or T so fens ach o m sa oners representing districts may only serve part time unless sere—cted as the chairman. Sec. 7. Mayor* Ecomposition of commission; rres gnatTon. (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. Commissioners shall be elected from the city at large to groups numbered-f-threugh-VT--Gne-of -said-eemmiss*oners she** be the mayor and she** be a*eeted by the peepfe-at-eaeh-genera*-a*eetienT-for-a-term-of-two yeareT from the group to be numbered IT ers+miss loners -in-groups-numbered-ff-end-fff-she** be-e*eeted-at-the- genera l-e}eet*ens-to-be-held-in the Year i9SS and at each genera* election each four years thereafter: eammissionere in grasps numbered -IV -and -V-shefi-be-eieeted-et-the-general eieetlens -te-be-he *d -in -the-year-*954-and-et-eaeh genera* eieetien eaeh four Years thereafterT as follows: -*.lire ers shall e e ec e _from districts, numbered istrict I throuyR ff1stricLjVL — ` an mem ers shall e elected from the city at ' urge n groups nu�ere At -Large coup I,_) Large -Z At -Large Grou Z3 mad Tne mayor shall e elected from the city at large in a rou called 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. Sec. 10. Election of commissioners and mayor= districts. Eat Reguier and primary a#eet#ens of eo•eissisnetsT--A-regutar-euntetps#-a#eetisn-for the-a*aet*en-ef-eesw*ss*oners-she��-be-held-en-the second -Tuesday -at ter -the -*trot-Monday-*n-Nov*mber to odd -numbered Years* A nonpartisan pr#wary e*eat*on-of-the-nomination-of-eand#dates-fer-the essu�tsstsn-shs��-be-held-en-the-first-!u*:day-a*ter the-*test-Menday-in-Ner*aber-*n-odd-nuabered-y*arss Any person who possesses the qua*t**eat*ens requisite to an e*ecter at the genera* state *keet*ony and who registers to wet* as may be preser#bed by ord#wane* she*1, be a quak**ted e*eetee of the city: A** e**et*ens he*d *n the e*ty-she**-be-condo eted-and-he*d-aceerd*ng-te-the prow*s#sna of the gen*rat ei*et#ens *awe of the Btate-ol-l�ee#daT-eeeepl-as-otherwise-prop#dad-*or 020- 5%.YC 4n this eharter eveept the eemmiss4en shot* be ovbst4tnted-ter-a-beard-of-eeanty-eemm4ssienerev The name of any a*eeter of the eity she** be pr4nted-upon-the-primery-ba*let-se-e-eand4date-for nem*net*en-of-the-ef f lee-ef-mayor-er-eemmissioner open paying to the e4ty the sus+ of #kQQ to be depes4ted-w4th-the-eity-elerk-se-e-qualifying-fee net less then 45 days prier to the date of the primary a*eetlont se4d *teeter she** submit eeneurrent*y-therewith-a-swern-statement-of-his-er her-nemeT-oddresel-eeeupat4enT-greup-in-wh4eh-the eteeter-w4shes-to-reny-end-wi**4ngnese-to-serwev-4f eteetedT All seeh qne*ify4ng fees she** be deposited-with-the-se4d-e4ty-elerk-ne-later-than 6t68 psm: on the forty-fifth day prier to the e*eet4eni _ a) ElectAfr of office; toeCall Tie —co mis on s 0 ows: 73.15m me _M%_%� terms rom• as rom ✓,�., a r c s numbered strict I tZrouchstrict as fiereinaf ter provided, and 44Wr members -Wo--sNiaM e elected rom the citX at large in groups num e>'E` rred Xt- ar a Group ll At -Large GroupIL At -Large Group 3 wwa- U—T-ar-& Greinas erein- a ter provided.Themayor shall e elected rom Me c t at large in s grouR ca,lled Mayor and a -ter 1987 shall not be elected or more than two consecutive full terms of office. he com- missioners and mayor shall e electedelecied as follows: of commission and mw6r str i-ct`s and at r e ai consis! of n e memb m ers n o shalVbe elect re (1) Districts. For the purposes of electin members to the citX commissiont the city shall a divided into y districts, as determined by the bougdaries committee, which istr cts shall a num ere 2atr et I through str ct All Bersons desiring to qualify as candidates for commissioner from the districts shall i e in e district In which they reside. 2) At -Large Groups; Mayor. There shall also be four members of the city commission elected at large. All Rersons desiringto sualify as candidates for commissioner at large s a11 file in t- are Group 1# At-LarTe t- are rouAll persons desiring to qualifX as candidate for mayor shall file In the croup named Mayor. (3) Terms of office and recall. The mayor shall be elected at the Wov*nberf 1957 gineralmunicipal election an a e general municipal s sc on each our years *rea er. , Pt y The commissioners in Pfatrict Ir District Ili DistrcDistrict an src sa e elected a a ove r *Hera n c ©a election o serve wo year terms. 21- 4 e Commissioners in At- 1 At -Large Croup -small be electe,4 at the Novemberg 1987 general municipal ilectiBn o serve a two %sar term and thereafter shalll—e-e-Te—cted to serve Our Year torms. The commissioners in At -Large Group 3 mW go Weshall be elected at the November, 1957 municileal general eelecEi'on to served four Year term And t erea ter sfiall be elected to serve our year terms. (4) Boundaries Committee. A boundaries committee of ten (10) members is fiereby established. It sEall be imleanelle3 on Januar 14 1983 foi the 12urgose o defining the or ginal districts. Thereafter It s a a re m ane a mme ate after e official "t Pach Fe eral Decennialcensus s confirmedconfirmid to re3efine t e boundaries o suc districts. The boundaries committee shall be com osed o one person nominated each member o the commissiont 2126 the following addit ons Individuals: (i) The Chief Judge of the Eleventh Judicial ircuit in an or a e CountX, Florida, w o shaTT serve as chairperson or appornt the chairl2erson from members o t e committee. (ii) The Presidents of the Dade County Bar Xesoclation thee Mack aw ers Nasociation, t e u an- mer can Bar Association .and the P15rida Associatlon folf omen Lawyersj Dade County a ter. it any of these individuals s unwilling or un&Sle Eo serve e r res act ve associations shall name a rap acemen . A quorum shall consist of seven of the total Members. The boundaries committee shall have a budget o or sEaff, secretar a sery ees statistical an e a worx. The e a torn,ey s all go —available o er orM lega setv%s as r`equi're3by the cosmi.= The _boundaries committee shall set the final boundaries not later than u us w ereu on It sliall cease -to function until ntix TiW—&neii*d as piqvi3ed herein. The boundaries committee shall meet all constitutional re u rements and MIT a_tempt to maintain —,-both ethnic an`d--Folahborhood -22 representationrepresentationt 9 ving the highest priorit to the actor of'othnicity. In defininthe boundaries o the d istr cts'l the bSugda7ies committee s =a observe federal _ and state -laws and county ordinances concerning t e esta a ment-&-n-3 integrity of vot ng precincts. The boundaries committee shall ado t its own rules of proce3ure; and its findingsC eterm nations, and conclusions shall e final an noina. (c) Vote required. if a candidate for office of mayor or commissioner receives a majority of votes in the primary election in his or her group or district, he or she shall be considered elected upon the declaration of the result of the election as hereinafter provided. If there is no majority, the two candidates for nomination of the office of mayor or commissioner who receive the greatest votes in the primary election in each group or district shall be placed on the ballot at the next regular -municipal election following the primary election. the candidate for nomination receiving the greater vote in each such group or district in the regular municipal election =olTowi— ng sthe 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. Sec. 11. Filling vacancies in commission. A vacancy en-the-eemmiesien in the office of mayor or commissioner caused by death, resignation, or other causes sha1 be filled by a majority of the remaining commissioners within 10 days after such vacancy occurs. The term of office of the person appointed shall be until a successor in office 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 necessary, be for shortened terms, in order to preserve the sequence of staggered terms provided for in this charter. Sec. 12. Commission may investigate official transaction, acts, and conduct. The mayor& commission, or any committee thereof duly authorised by the commission so to do, -23- 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 m�ayo_r_& 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 of such committee, as the cased may be, and Which may be served and executed by any police officer. Bee:-}3s--6#ty-manager--J�ppe#ntx+ent=-quaff#- f#tetienss-terms-saiarYs-sickness-er absenee=-res+evais-powers-end-duties=- exsm#nst#ens: to+--Appe#ntments guai#f#eat#ens* terms seiarys-ebe*nees--The-eemmfa s#en-shall-within-39 days -after -taking -off #ee-appe#nt-a-e#ty-monageer who sha## be the administrative heard of the m"n#e#pai-government-end-who-shaff-be-respeneibie for-the-effieient-administration-ef-the-eityT--He or-she-shag*-be-ehesen-by-a-vote-of-the-majority-of the members of the commission an the basis of exeeative-end-administrative-geaiifieatiene:--He-or she -may -er-may-net-be-a-res#dent-ef-the-eity-or-of the State of Piarida: No member of the eity eemmissien-shaii-be-appointed-eity-manager:--The e#ty-manager-shaii-held-effiee-at-the-wiii-ef-the commission-and-shaii-reeeive-seep-se#ery-as-mar-be f ixed-by-the-eemm#ssien=--in-ease-ef-the-siekness or-absenee-of-the-eity-manegerT-the-eemm+es#on-may • appoint another quai#fied person to set far the city-managerT-and-aii-sueh-aete-of-the-person-se appe#nted-shaii-be-as-vai#d-as-though-performed-by the city sanegefT The person appointed by the essa#es#en to set as e#ty manager during the absenee-or-s#eknesa-of-the-a#ty-sonager-shaii-net be paid any add#t#enai compensation for his sere#ees-as-eet#ng-a#ty-wonagers 4b3--Remevai-ef-e#ty-sanegers--The-eeww#ss#en may- remove- the- atty-•aneger-by-•-wsjer#ty-vote-ef #to-a*Ober aV--ht-3east-39-days-befers-*ueh-rewovsi •ha##-became-effect#veT-the-cassias#en-sha##T-by-• wafer#ty-vote-ef-its-seabersT-adept-a-lee##w#wary ease#st#on-scat#n!-the-eeasen*-far-h#*-re�►vait-!he e#ty-manager-way-repiy-in-writ#ng-and-say-request-a pub##e hear#ngT which shaii be held net ear*#er then 99 days nor ieter then d9 days after the f###ng-ef-•ueh-rsquset:--Afler-*ueh-pub##e-hear#n!T #f -one-be-eeque*t edT-and-after-fui�-cans#de:at#en the-cows#**#env -by-a-major#ty-rate-ef-its-mewbersT way-Nwpt-a-f#nai-eese�ut#en-ef-reaevaiT te3--lo+►ers-aed-art#eat--lhs-pewees-and-dut#e• of-the-city-wsna'er-shaii-bes �i;--te-ass-that-the-laws-and-erd#nanees-a:e enfareed=- -24- f33--to-eppetnt-end-reaevev-exeept-se-herein prev4dedT e}} direetere of the departments-and-a44-suberdinate-eff4eere end-cap*eyees-4n-the-departaente-4n-both the-a*ass4f 4ed-and-une*a9a4f4ed-serv4eet a**-appetntmente-are-to-be-open-mer4t-end f4tness sioneT and 4n the e4ese4fled serv4eev-a4#-appe4ntaente-and-remeva*s are-to-be-subfeet-to-the-e4v+*-eerviee prev4e4ens-ef-th4s-ehortert 433--te-ewere 4se-eentrei-ever-eli-departments and -64v4s4ens-ereated-hereon-er- that -may be-hereafter-ereated-by-the-eeaa4se4ent- 44}- -te-attend-e4i-meetings-ef-the-eemmiesien end-part4e4pete-4n-the-d4seussienT-but net-te-vetet- {5+--te reeeamend to the eemmissien for adoption eveh measures as he may deem necessary-er-exped4entt 46i--te-keep-the-eemminsien-fui+y-advised-es te-the-finaneial-eenditien-end-needs-ef the -eityt-end 433--te-perform-sneh-ether-duties-as-may-be preseribed-by-this-eharter-or-be-required ef-him-by-erdinanee-or-reseintien-ef-the eemmissionv fd}--Bxamination of affairs of departments off ieers-er-empioyeesv--The-eity-man ager-mayT-without notieeT elaese the affairs of any department or the eenduet-of-any-effieer-or-empfeyee-to-be-examinedv--luny person or persons appointed by the eity manager to exam4ne- the -off aire-of-any-department-er-the-eenduet-ef any-effieer-or-eap*eyee-sha**-have-the-some-right-to require-the-attendenee-of-witnesses-and-production-of beeks-and-papers-and-ether-evideneed-as-4s-eenferred upon-the-eoaa4ssion-by-this-eharter: Sec. 13. Mayor, chief executive officer= powers and duties. (a) Notwithstanding any other pprovision of this charter, the mayor shall ave all e-` xecufve`and administrative owers of the city and perform all dut-Les cons s en w his/her office including butnot is to O the following: 1) to serve as the official head of the city for all ceremonial purposes and snail e the 2) official spo esperson to be recognized for the c by the courts yj for the purpose Of serving civil rocess and the governor ME allItary, purposes and way declare a MAT'* of a ergency in time Ot pudic 3inge'r� or 31 energenat to appoint the city attorney, the director of administration# `the `director of Mince an'� -25- budget and the director of development with t e a v ce and consent o t e commission o a o nt the ea o eac a artment an tto remove at will any such officer or department eao; 4) to supervise the directors of administration Hance and budgetrand develo ment; anL one o whom may e appo me t o mayor to serve as deputy mayor in absence of -the mayor. Such ippointment Shall e subject to ratification B`ythe commission. 11 uch ratificatiOns not Made within a s the a o ntment a-Eall e 3eeme3 ratified. It the commission re ects all the a ointments, the mayor shall ave the power to select one ot such officers to serve as deputy mayor; 5) to enforce the charter and ordinances of the city and-alland-all general laws applIcMe thereto; (6) to 12resent recommendations to the commission on the requirements of the 'EitX government nc u in ut not limited to the initiation o ordinances and other legislation; (7) to prepare all commission- agendas and to re are and submit to the commisss on his/her recommen3ed annual u et together with an operating u et message. The line item budget ma e c an a the commissiono The mayor may veto any change m a a y t e commission excel2t for audit and personnel appro2riatIons.- Such veto may a overridden =ya* two-t it s vote ot the entire commission; (8) to exercise a veto power over ordinances or resolutions adopted y o commission; w is may a overridden by a two-t it s vote o the entire commission; (9) to attend all meetings of the commission with authority to take part in the d1scusslonel or rect anx officer or departmentSead to take part in the discussions but w t out power to vote; commission ano to remove or- wiii an au-& board and committee members. 11) To call special meetings of the commission at any time he/she May deem proper ror the consideration of an business of public m rt b) Qualifications and duties of the director of administration& director of finance and budietand Ehe director or d4velopment. The individual or individuars- holding the Rosition of 3ifector of administration director of finance and bu3get an t e director o development shall ave general oversight of suc departments, oar s and Committees as may a assigned e mayor. However, generallytthe director o a nis rat on shall supervise those service dep&rtmon s -26- 0 such as police, firs sanitation and zoning; the rec or of finance and budge s a 1 oversee the fiscal aspects and aepartments of the city; and the Mect6r o eve o ment shall a res nsihIe for those a artments that ea with longran a nelgfiSoMRf community or economic aevelopment. Suchrectors AhAll have a minmum o ve ears eve government experience or equivalenT private sector experience. Sec. 14. Departments of the city; boards (b) Power to appoint boards or commissions of citizens. The commission may -at-the-regsest-ef-the efty-manager create-eppefht boards or commissions, to be composed of suci 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 -majority-vote-ef-the eemmfssfen mayor. Sec. 15. Directors of departments. The eity-manager mayor shall appoint a director for each department and, in his or her discretion, may consolidate two departments under one director. Each director shall serve at the will of the eity-manager mayor; shall be responsible for the conduct of the o cers 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 etty-manager mayor or as appropriate, the directors of administration, finance anddget or eve o ment as t e mayor ma designate *n-all-matters, shall manage the department. Wane -e -the-previsions-ef thfe-seetien-shelf-be-appileable-to-the-department-of iews Sec. 16. Department of law. The ma or the commission, the City manager, the direr or ot 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. Sec. 17. Finance, department of finance. (a) Department director. Subject to the supervision and control of the city 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 -27- u revenues, the making and collection of special assessments, the custody and ditibursement 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 with the approval of the efty manager mayor. The 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 make 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 a#ty manager mayor. (c) Budget estimates. Not later than one month before the end of each fiscal year, the e#ty-meneger mayor shall shall prepare and submit to the commission and maTe�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 by the eity-manager mayor. The classification of the estimates shall be as ne y 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; (4) the value of supplies and materials on hand at the date of the preparation of the estimates (5) increases or decreases of requests compared with corresponding appropriations for the current fiscal year, with reasons for such increases or decreasesi (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; -26- 0 . 0 (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 a#ty manager _m_ayour_, 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 officer's 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 eity-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 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 the chief accountant of the department of finances 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 a*ty manager savor may designate other offices of the city to sign anuntersign such checks or warrants. The director of finance shall examine all payrolls, bills, and other claims and demands against the city, and shall issue a check or warrant for payment only upon findings that the claim is in proper fora, 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 say require any claimant to make oath as to the validity of a claim, say Investigate any claim►; for that purpose say examine witnesses under oath. -29- 9 9 (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 elty-mangler mayor. Sec. 18. Chief procurement officer. (a) The elty-manager mmaa yo r shall appoint a chief procurement officer who shift supervise all purchases for the city in the manner provided 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 sore 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 mays be prescribed by ordinance, but the city-manaltr mayor or designee shall have the power to reject all bids; 1otwithstanding the foregoing, the efty asna'er mayor may say waive competitive sealed bidding methods by making a written finding which shall contain reasons supporting the conclusion that competitive sealed bidding is not practicable or not advantageous to the city, which finding must be ratified by an affirmative vote of two-thirds 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. All contracts for personal property in excess of S4,500 shall be signed by the e*ty manager ■a or or designee after approval thereof by the commies on. This section shall not apply to transfer to the United States or any department or -30- LI 11 agency thereof, to the State of Plorida, 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 e*ty-manager mayor or designee shall submit to the commission a descript on o 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 eity manager mayor or designee shall have the power to reject all bids. Notwithstanding the foregoing, the e4ty manager mayor or designee may waive competitive sealed bidding methods y 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 two-thirds 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. Con':racts for public works or improvements shall be signed by the eity manager __m�aayy_o__r__ or designee after approval thereof by the commisson. When it becomes necessary in the opinion of the eity-manager __mayyor to make alterations or modifications in a contracts any public work or improvement, such alterations or :codifications 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- pricetobe 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 efty manager mayor or designee prior to such authorization by the commission. (c) Unified development projects. A unified development project shall wean 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 person, as defined in the Code of the City of Miami, one or more of the following integrated packages: 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 projects -31- • (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 efty-manager 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 number plus one of members of the public, whose names shall be submitted by the elty-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 efty-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 elty-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 eity-manager mayor 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 eety-sonager _a_syorr shall recommend one or more of the prop a s for acceptance by the commission, or alternatively, the city manager mayor say recommend that all proposals be rejected. If there are three or more proposals and the city manager mayor recommends only one, or if the e*ty-sana+ger savor recommends rejection of all proposals, tFe arty -manager mayor shall state in writing the reasons for such recommendation. In transmitting his recommendation or recommendations to the commission, the city senates mayor shall include the written reports, cTuding any minority opinions, rendered to his by the aforementioned certified accounting firm and review committee. -32- (4) all contracts for unified development projects shall be awarded to the person whose proposal is most advantageous to the city, as determined by the commission. The commission may accept any recommendation of the e*ty-manager mayor by an affirmative vote of a majority of its members. In the event the commission does not accept a proposal recommended by the e4ty-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. 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 committees or (2) accept any previous recommendation of the e+ty manager mayor; or (3) reject all proposals. All contracts for unified development project shall be signed by the e*ty-manager mayor or designee after approval thereof by the commission. The eity-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. (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 e*ty meneger mayor and from the review committee that evaluated the proposals for the project, concerning the advisability of exercising that right. Sec. 20. Local improvements. (d) Plans and specifications prepared by e*ty woneger mayor and filed with city clerk. Promptly after -33- the passage of said resolution, the efty-manager _mayor shall prepare and file with the city clerk plans ana specifications of each improvement ordered thereby and an estimate of the cost hereof, including an estimate of the cost of each kind of improvement if the resolution provides alternative descriptions of material, nature, character, and size. Such estimate shall show the amount of cost and incidental expense to be assessed against property and, except in the case of storm sewer improvements, the estimated amount to be assessed against each foot of abutting property. The 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 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 wade in cash upon monthly estimates of the efty-manager mayor__ to an amount not greater than 97-1/2 percent ofsu--c 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 a*ty-sens'ee mayor conditioned on -34- the performance of the work contract. The commission shal all bids and if all bids ar4 readvertise or determine to labor forces without contract. in accordance with such L have the right to reject rejected the commission Ao the work by the city (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 authorised improvement to be done by the city's labor force has been completed, the elty-manager mayor shall prepare and file with the city clerk a pre minary 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 e4ty-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 e4ty manager mayor, the of ty -®onager mayor shall answer the said pet on, and the case sha a heard upon such evidence as may be presented to the court. Sec. 25. Civil service. (a) Creation of boardf appointmentf terms of officer 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 esmm4994en may�o�r, and two shall be elected by the employees of the c=y 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 eemmfss#en mayor may remove any a ointed member without cause--a-nT may remove any other member of the boar3 for cause, upon stating in wr Mnq the reasons for the removal, after allowing his or her to be heard by the eemmfsslen mayor in his or her own defense. Any vacancy shall bided by the eemm#ssf+sn mayor for the unexpired term. The e*ty -35- meneyer _mayor *hall be authorized to prescribe the rules, regulations, 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. (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 industrys shall make investigations concerning the enforcement and effect of this article and of the rules adoptedt 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 eity-manager mayor. When positions are filled, the 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, demotion. (1) Any officer or employee in the classified ser- vice may be removed, suspended, fined, laid off, or demoted by the e4ty-manager mayor or by the head of the department in wh cc such person is employed, for any cause which will promote the efficiency of the services 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 e*ty-manager mayor or the head of the department. Any imp oyes in the classified service who deems that he or she has been suspended, removed, fined, laid off, or demoted without just cause spay, 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 con- sidering the evidence for and against the employee, the board shall report in writing to the a#ty meneger mayor its findings and recommendations. die efty manager mayor shall then sustain, reverse, or modify the action of the department director. Any member of the civil service board and the director of MI-10 or 13 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. 17. 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 agpointed bX the mayor; the qualificationg of members; e staggering of terms to insure board continuity] the methed-af-f i&*fng-veeaneles=-the -method-ef-renew&*t 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. (e) Task forces or committees. The commission may by resolution appoint 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 Niani• (hereinafter sometimes called the "off-street parking board" or the "board") which shall consist of -37- 7 five 1 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 abilityt 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 whom shell 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 eemm+eo+en mayor. in the event that any appoint- ment so made shall not be confirmed by the eemmiss+en mayor within 10 days after notice of such appointment aFiass been served upon the mayor eemmissian, the appoint- ment shall be null and vo and the remaining members of the board shall make 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 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 clerkf 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 countesfen mayor. for good ea use and after proper bearin's (a) The director shall be appointed by and shall hold office at the will of the board. he or sht 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 1 ATTORNEY' S MOM subject to results of proposed expansion of board from five to seven members at special municipal election held November 6, 1984. -38- 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 tFie 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. Sec. 31. Conduct of city business; compensation, duties, and oaths of officers and employees. (d) Compensation of officers and employees. The eete>aiesien-eheii-fix-bY-eedinenee-the-ee�+penaatien-ef the-eity-monegerT-eity-stterneyT-end-eity-eierks The city -manages 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 city -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. Sec. 32. Continuity. (b) Present officers and powers. All persons holding office in or employed by the city at the time this charter goes into effect shall continue in such office or employment and in the performance of their duties until provisions shall have been otherwise made in accordance with the provisions of this charter for the performance or discontinuance of the duties of any such office or employment. When such provisions are madet the term of any such officer shall expire, and the office shall be abolished. The powers which are conferred and the duties which are imposed upon any officer, board, commission, or department of the city -39- under the laws of the state, shall, if such officer, board, commission, or department if abolished by this charter, be thereafter exercised and discharged by the officer, board, or department upon whom are imposed corresponding functions, duties, and powers under the provisions of this charter. +� R • 1F 'R « � Section 3. The provisions of Section 2 of this ordinance shall only become operative if proposed Charter Amendment No. 1 shall have been approved by the City of Miami electorate at a Special Municipal Election on September 4, 1984 and shall not have been ruled invalid by judicial decision. Upon such approval by the electorate and upon a ruling of validity of said proposed Charter Amendment No. 1 by judicial decision, the provisions of Section 1 of this ordinance shall be void and shall have no force or effect. Section 4. All ordinances or parts of ordinances in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 5. The extensive executive powers granted unto the Mayor of the City of Miami under this ordinance are intended to be granted simultaneously with the expansion of the City Commission and its restructuring on the district basis as reflected herein. 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 dees►ed and held to be as valid as if such part or parts had not been included therein. -40- s..R. PASSED ON FIRST READING EY TITLE ONLY this _ day of 1984. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of ' 1984. MURIEE A. FORM M A Y 0 R ATTEST: RALPH G. ONGTE, CITY L YW PREPARED AND APPROVED BY: DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: LUcjK X. DOUGHER CITY ATTORNEY —41- SAMPLE BALLOT SPECIAL. ELECTION TUESDAY, SEPTEMBER 4, 1984 MIAMI, FLORIDA MODELO DE UNA BOLETA OFICIAL ELECCIONES ESPECIALES MARTES, 4 DE SEPTIEMBRE DE 1984 MIAMI, FLORIDA POLLS OPEN *1 A.M. = 7 P.M. VIERY REGISTERED VOTER IN THE CITY OF MIAMIl FLORIDA, IS ELIGIBLE TO VOTE IN THE SPECIAL ELEC TION TUESDAY, SEPTEMBER 4,1984. V-' SONG 4VOUR VOTER'S REGISTRATION IDENTIFICATION CAOOR WVERS LICENSE. LOS CENTROS DE VOTACION 7 A.M. a 7 P.M. TODO ELECTOR INSCRITO EN LA CIUDAD DE MIAMI, FLORIDA, ES ELEGIBLE PARA VOTAR EN LAS ELEC- CIONES ESPECIALES DEL MARTES, 4 DE SEPTIEMBRE DE 1984. LLEVE SU TARJETA DE IDENTIFICAC16N E INSCRIPC16N DE ELECTOR 0 SU LICENCIA DE CONDUCIR. Mgt r may be amendtd by .. Imi, ertd lingulsbc errors; widooft tt t cwlty? yURN TO NEXT PAGE CIUDAD DE MIAMI ENMIENDA NO. 1 DE LA CONSTl1 OON IDeberd enmerxiarse la consbtucl6n de la cludad de AAWni, FkxlCK mediante la correcc16n de errores gramaticales, sint6 tkW y lingilfsticos; la eliminaci6n de disposiclones anticuadas o rtdtrf- dantes; y la reestructuracl6n y renumeraci6n de las secclorm de la constituci6n y sus respectivas partes Para mayor clarklad4 Esms sl 0: SIGH A LA PAGINA SIGUIENTE (9/4/" $A - _ _ _ ~. r L ~ CI?Y OP MIAM1, FLClftibA ~ a / INTER-OFFICE MEMORANDUM ~ ro The Nonorable Ma d ~"Tf August 28, 1984 rr~E Members of~t.he ity Co mission ,FeoM Lucia A. Dougherty City Attorney SuA~EC.T REFERENCES ENCLOSURES Proposed charter amend- ment Change in form of government 1 At the meeting of July 31, 1984, Resolution No. 84-929 was adopted instructing the City Attorney to draft an ordinance dealing with a cherLer amendment to create an executive mayor-manager form of city government. You indicated that the proposed change in the form of government was not to become effective until 1987 and a preliminary draft of such en ordinance was then approved on First reading at the same meeting. Subsequently, we have prepared a final draft which is attached for your consideration. This ordinance is scheduled For first reading at a special meeting on September S, 1984 at 10:00 a.m. and a second and final hearing on September 6, 1984 at 10:00 a.m. Prior to those meetings we will prepare and forward an index for the ordinance text which has been draFted so as to be compatible with the existing charter, as well as the proposed charter revision which is being submitted to the electorate at a on September 4, 1984 referendum. The attached proposed charter amendment ordinance creates an executive mayor form of government. the highlights of the ordinance are as follows: 1. Commencing in November, 1987 the commission is expanded to nine members; five elected from districts for two-year terms and four elected at large for four-year staggard terms; a boundaries committee will be established in January, 1986 to establish the initial districts; 2. The Mayor appoints the Chief Executive Officer, City Attorney, City Clerk, and all boards and committees subject to ratification by the commission. The Mayor zs permitted to remove at will any such officer. The Mayor is further permitted to appoint, remove, and set the salaries of all other department hteds and city officers except as provided in number 7 below; 3. The Mayor has the right to veto any ordinances passed by the nine-member commission. In the event of such a veto, the Mayor must return the ordinance within forty-five days to the Commission which may override such veto by a 2/3 vote or six members; ~ ~ The Honorable Mayor and -page 2- August 28, 1884 Members of the City Commission 4. The Mayor has all executive and administrative powers end duties but may delegate some such duties to the Chfef Executive Officer who shall be qualified by a minimum of fiva years of high level government management experience or equivalent private sector experience. the Chief Executive Officer shell be the Mayor's principal assistant and shall be changed with the day to day operations of the city; 5. The Mayor shall have the obligation to prepare e proposed budget which may be overridden by a 2/3 affirmative vote; 6. The at-large Commissioners may declare immediately after the election whether they shall serve as Full-time (40 hours per week) or part-time commissioners and shall be paid accordingly; 7. The salary of the Mayor may not exceed 100 of that paid to the Manager of Metropolitan Dade County or the equivalent successor officer. The salary of the Chairman of the Commission, who shall serve on a full-time basis, shall be 60A of the Mayor's salary. The Chief Executive Officer's salary shall not exceed that of the Mayor. The salaries of the other members of of the Commission shall be specified by the Commission but shall not exceed that of the Chairman. The at-large Commissioners who choose to serve on a part-time basis shell receive 20A of the salary of that paid to the full-time Commissioners. A copy of this ordinance has been previously provided to the City CI ark. LAQ/mm Enclosure cat Howard V. nary City Manager Ralph G. Ongie City Cierk __ _ _~ -- - ~° ~-~~~7~5 sir/o 391~--~ 2 CFI 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 NOVEMBER 6, 198, SAID AMENDMENT OF THE CITY CHARTER TO PROVIDE FOR THE CREATION OF AN EXECUTIVE MAYOR FORM OF GOVERNMENT FOR THE CITY OF MIAMI ~ T __ l ~.if ' { J-84--?45 ~r/o24jo-o2 cFl ORDINANCE NO, AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT, KNOWN AS "CHARTER AMENDMENT N0. 2",TO BE SUBMITTED TO THE ELECTORATE AT A SPECIAL MCINICIPAL ELECTION ON NOVEMBER 6, 1984, 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 COMFENSATION OF THE MAYOR, COMMISSION AND CHIEF EXECUTIVE OFFICER (CEO)= EXPANDING THE COMMISSION FROM FIVE TO NINE MEMBERS, FIVE OF WHICH ARE TO BE ELECTEb ON THE BASIS OF SINGLE-MEMBER DISTRICTS AND FOUR OF WHICH ARE TO BE ELECTED AT LARGE, AND DEFINING THE QUALIFICATIONS, RESPONSIBILITIES, AND COMPENSATION OF SAID COMMISSION, WHICH SHALL SELECT ITS OWN CHAIRMAN; ESTABLISHING A BOUNDARIES COMMITTEE WHICH SHALL BE IMPANELLED JANUARY 1, 1986 TO DETERMINE THE ORIGINAL DISTRICTS, AND WHICH COMMITTEE SHALL BE REIMPANELLED AGAIN IMMEDIATELY AFTER EACH FEDERAL DECENNIAL CENSUS TO REDEFINE SUCH GI5TRICTS; REPEALING ALL CHARTER SECTIONS OR PARTS THEREOF IN CONFLICT; CONTAINING AN EFFECTIVE DATE OF AUGUST 1, 1987, EXCEPT FOR THE PROVISIONS DEALING WITH THE 80UNDARIES COMMITTEE, WHICH SHALL BECOME EFFECTIVE JANUARX 1, 1986, 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 November 6, 1984, for the purpose of creating an Executive Mayor form of government for the City of Miami and defining qualifications, functions and coepensation of both the Mayor and the chief executive officer (ceo) j expanding the City Commission fro~a 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 largaf and defining the qualifications, responsibilities, ;~., := and coapenastion of said Commission, which shell. select its own Chairman; end establishing s boundaries committee which shall be fmpanelled January 1, 1986 to determine the original districts, said Committee to be reimpenelled again immediately after the official results of each Federal Decennial Census to redefine such districts. the following proposed Charter Amendment shall repeal all Charker sections or parts thereof insofar as they ere inconsistent or in conflict with the provisions of the proposed Charter Amendment. Except far the provisions of subsection 4(c) hereof dealing with the Boundaries Committee, the proposed Charter Amendment shall become effective on August 1, 1987. The provisions of proposed subsection 4(c) as set forth below, upon approval by the electors, shall become effective January 1, 1986: CHARTER AMENDMENT N0. 2 Sections 4, 13-B., 15, 16, 23-A.1., 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 expressly amended in the following particulars:l "Sec. 4. Form of governaent. (e) General description. The form of government of the City of Miami, Florida, provided for under this Charter shall be known as the lease#s•#eA-aaAayas 'executive as or w~wa~er plan' .r ap+l the coaa~ as on s a ~onaiat of ~#r• ~i~ nine (~) citizens, who •re qualified voters of die -c~~y •nd who steal l be elected •# #aa'• in the manner hereinafter provided. The executive manor . who shall not be a ~aember of ~e c0111A1zasion shall serve full tll~e HnC shall be a ec a ever our ears. a coca as on s a cone u e e govern ng ody with powers 4 as hereinafter provided ,l to pass ordinances, adopt regulations, and rstif b a spa orit vote all a ointa~enta spade a ma or un er a er ~o_M__e~ra. a'*• a -r-a a -• a y e fa +-e-~ •aa- a ~i-Te~awa-ai-~hi•ja##y-wawaga~rr~-awd The co~~aisaion shill, exercise all is~i_alstive powers con errs upon the city except as-Fere~~`er provided. 1 Mords snd/or fiigures stricken through shall be deleted. Underscored words andlor figures shall be added. The reasinfng provisions ire now in effect snd regain unchanged. Asterisks indicate a:pitted and unchanged asterial. -2- (b) Election of commission snd mayor; terms of office; recell~ districts end s - er a rou s. The commission shsl consist of €#ve- ~ nine 9) member~.~s_s follows: five (5) members who she be elected from districts numbered District I throw h district V ss ere ns ter rovi a sn our 4 mem ers who sha be a acted rom he city at arge in groups numbered ~-tMeee~a-u,r At-Large Group 1, At-Lar a Grou 2 At-Lsr a Grou 3 and At-Lar e Grou ss ereina ter rovi a he ma or s s be a acted from the cit at sr a in s rou ca ed Msyor• 9Re-a€-ee~d-eee+m3ee#eReee-e~+e ~-be-EMe-meyei~ eAd-eMeT~-be-eTeeTed-by-~Me-peepTe-€~em-~i~e-~eed~ ~e Ne nembefed ~ eAd e~~ peeeeAS dee~~t~Ag ~e geaT#€y-ee-eaRd#de~e-€ee--meyee-eae~T-€3~e-#R-geeep ~.--Abe-Msyee-ebe~~-save-~Me-pewee-eet-€ee~k-~R-tae Ebae~e~- e€ Ebe 6~Ey e€ M#em3 ~A Bede 6eeR~y1 FTee3de, ATE peeseRe des4f3R~ ~e gee~3€y €ee eemm~ee#eflees eMe~~ €3~e #R geed~s Rdmbeeed TT ~beeagk--u*-6emm~ae~eReee-#R-gfe~~s-aaM~eeed-~~-epd ~~~-eMe~i-be-e~ee~ed-e~-Ek+e-geASeaT-eTee~#eRe-fie-fie 1ae~d-~A-tae-yeee-l'9~~-epd-e~-saes-geAeeeT-e~ee~~eA eeek--€ede-E4~-yeses-Ebe~ee€teeT-6emm~ee3eReee-~A ~eed~s-Rembe~ed-Tlt-eRd-l~-eae~T-be-eTee~ed-e~-~be geAe~e~-eTee~#eae-Ee-be-beTd-~A-Abe-yeee-T9~~-eRd eT eaea geRe~e~ e~ee~3ep eeeb €ede E4~ yeses taeeee€~ee. The meye~ eMe~T be eTee~ed e~ eeek~ ~eRe~s~-eTee~ieR-sR+~-ekel~-beTd-a€€ies-€ee-a-teeM e€-ewe-~~}-yes~+s. (1) Districts. For the ur oses of electin members to the cit commission the cit. sha I be divided into ~' five 5 districts es determined b the boundaries ~ committee which districts sha be num eyed istric through istrict V. h All arsons desiring to uslif as candidates or commissioner rom t e d stricts sha i e in the district in which they resi e. (2) At-Large Groups; Mayor. Thera shall also be four (4) members of the cit commission a ecte a ar e. arsons ea r n o ua as can etas or con~m ss oner s ar e s a i e n t-Lar a rou - ar e rou - ar a rou or t-Large rou ersone es~in o ,ue y as can cia~e-~or n~aYor s a ~e in the group nem- e~leyor. (3) Terms of offfceL resignation end recall. The me or shell be elected at the November, ganera municipa a ec on an a the general municipal eIee ion each our T~yeara r------•., -- - cnerearter. The co:amissioners in District I District II Distric III istrict IV an istrict V a a e e ec e a e ovem er enera a~unic a e ac on o serve wo year eras. -3- ,i The commissioners_in_ At-Large Group 1 and At-Large Groin'-s~`iaT~~e a ec ev a t e ~iovember, -_- _ enera mun c a e ec on to serve a Wo year term an t erea terms a e e ecte to serve four t4) year terms. The commissioners_in At-Large Group 3 and At-Large Group ~ s~~E`aTT'~ elects at t e November, mun c pa _ genera a ect on to serve our _ year terms. The mayor and all commissioners are to hold office until their successors are elected and qualified from twelve o'clock noon of the day after the canvass of the vote and the declaration of the result of the election. The mayor and all ether members of the commission shall be subject to recall. Vacancies shall be filled as provided in eett4en-~3-A-ef the charter ef-the-~itY-ef-Niete4. If a candidate for office of mayor or commissioner receives a majority of votes in the primary election in his/her group or district, he she shall be consider elected upon an a ter 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 t'~e office of mayor or commissioner who receive the greatest vote in the primary election in each group or district shall be placed on the ballot at the next regular municipal election following the primary as provided in section 8 of this Charter. The candidate for nomination receiving the greatest vote in the regular municipal 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 irrevoca a resignat on o s er resent 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 inaE'ruct 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 thi8 act desires to run for some elective office other then the mayor or city comAissioner, then under such circumstances he she shall not be required to resign his/her city of ce unless and until he/she has been Tcted to such other elective office. In the event that such savor 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 er failure or refusal to do so he~sh~e shall be disc urged and ousted from his/her office and said office declared vacant by a ma ority vote of the remaining members of the city commission. -4- (c) Boundaries Committee. A boundaries committee is hereb eatabliahe t sha be m ane a on anuar 6 or a ur ose o de inin the ar na s tic s. hares er it sha be re m ane e mme s e a er he o is a reau t o eac e era ecennia census s confirmed to rede ine t e oun sties o such districts. the boundaries committee shell be com osed o one arson nominated b each member of the commission, p us the o owing a_dit ona individuals: (1) The Chief Judge of the Eleventh u icia Circuit in and for Da a ountYL Fivrida who sha serve as chairperson or appo~n_ the che~rperaon tom the members of the committee. (2) The Presidents of the Oade Count Bar Association the ack Law ere Association the Cu an-American Bar Association, and the Florida Association for Women LawyersZ Dade County Cha ter. if an o these individua s is unwilling_or una6TP- to serve, t~T respective associations s- he~i name a replacement. A quorum shall consist of seven (7) of the kotel members. The boundaries committee shell have a budget of ten thousand dollars (310 000.00) for sta_,._~.~secre aria services, statistics en e a work. hf a cwt ettorne sha be ave~Teb~ e o oar orm eQa sere cea as require y t e com:niLCee. The boundaries committee shall set the final boundaries not later than Au ust 1 ~Ytl~ w ereu on s a cease o unc on un nex i:apane a as provi ed here n. The boundaries committee shell :neat all constitut ona re u ream a an sha a tam o ma n sin o e n~c an ne or o0 -_ re ressn a on vin e i has r or o e ac or o a n c n e n n he oun ar ea a - e a r c s, a oun ar es coan+ ee s a observe federal and state laws ona count or nancea concern n e es a ishmen an n ear y o vo ng prec nc s. The boundaries coamittea shall •do t its own rules o coca ure an s n n s e er+a na ona an cone ua one a a e na an n nQ. - 5- 4e~ (d) Qualifications of commission; commissioners and other officers end employees not to be interested in contracts, etc.; franks, free tickets, passes or service. Members of the commission shall be residents of the city end of the district from which he/she seeks to be elected i a diatr ct seat and have the qua i icstions o e actors therein et the time of filin for such seat. Commissioners an o her o icers an empTayees shall not be interested in the profits or emoluments of any contract, job, work or service for the municipality. Any commissioner who shell 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 sre 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. Ede (e) Commission to be judge of its awn elections Red to dietete eppe~flta~BRte by e~+ ~pEe~€eee-w}tw-e3~y-~+eAegAe. The commission shall be the judge of the election end qualifications of its own members, subject to review by the courts. ke3~be€-tbe-eema+3ee3eR-Rey-aRy-s€-~Qa-eemm3~~ees-e~ mea~beee-ake~t-d~eteEe-I~Me-ap~e~AbMept-s€-aAy-ge~eeA te-e€€#ee-ae-emp~eye+ee~-by-tbe-ei~y-MeAe~ee~-ee-#R sAy Mewpee #sbee€e~e w~~M ~lae eity maAaQee er p~evewt-F~~e-€ees--eweee3e3Ag-bae-ewfl-~ad~meRt-iR-~be appe~wtMeRt e€ a€€'#eeee awtl eep~eyese ~A sae sdmtw#etee~~ve-ee•v~ee.--E+~espt-€a~-bae-pdepeee-e€ #w~w#~yi-tae-eeme#ee#sR-awd-#te-mesbeee-eaa~~-dead w#ba-tae-adm~wtet•et#ve-seev3ee-es,le~y-taeswga-bae s#iy maAa9ee sw~ we#tae~ sae eeem,ies#ew wee aAy •~e•~bss ~aeeee€ eaa~~ ~~ive sareee to ewy e€' tae #wbes0~wstes-s€-taa-a#ty-mawaye~ry-a#taee-pwb~#e~y sf p;#+rete~y. Awy ewes d~€etst~ewT peevswt#ewr s+e~es• •e etaee 4wtse~€esewee ew bae peat •€ a ee~•`e:-s€-bae-eesatae#ew-w#~a-tas- srs~~iw~ateat#am-e€ tae-etty-•aa~~-`a-deeeer-ts-be--v#e~at#ew-e~-ba*- CaaebeaT-sad-wpsw-eew~#ettaA-bete~re-boa-a#ty--eewet awy-wewbe~-se-eew~,iebe~-•aa~~-be-er-~e.t-bs-a-€#w• web a+~aeed#w~ p#v• awsresd ra~taes 4isao.Gfi~ ee ,iape#asesaAb-use-a-bees-e€-sat-•+cseertw~-at+cty-~b0~ days-es-bebkr-aa~l- #w-tae-d~aeeebtae-s#-tae-sewlt aas~~-pee~e~t-M#e-st€,#ee. 1~a~ (f) Ratification Eieet~tew of officers by co~aeisaion; ru ee o coena~iseion; quorum. The cosariasion ahali eieeb ratify by a__a?a~_ori_ty vote an a ointsent wade b the ~aa or o a c a execu ve o car ceo s y eaws~es •w • a a •• a c sr T an a city attorney. • ~M~!• •E bae s~•#e#pa~-saw•t+~-eN+i-e#~r#,~-e!•v+iae-eess#aa~ewi-i+ri sNo se~aber of tha eom~afesion shell be ehasen as tie coo •r•ws~se-•t-ae-•-sashes-a#'-tae-a#~~~-sss~-be• bae-• sates or a oioin~ted to any other city office or ea~ployment. ~ie~-coirts'~ssion say determine its own -6- i rules of procedure, may punish its for misconduct and may compel members. A me,jority of all the commission shell constitute a business, but a smaller number m time to time. own members for attendance of members of the quorum to do ay adjourn from 4€~ (~ Meetings of commission; to set wy ear#waRee-ae-lase#w##aR~ form of, manner of passage and publication of ordinances. At twelve o'clock noon on the day the commissioners take office, they shall meet at the city hall. thereafter the commission may meet at such time end place as may be prescribed by ordinance or resolution. the meetings of the commission end ell sessions of committees of the commission shall be public. Abe aemm#ae#aR-eaa##-set-eR#y-by-a~~#RaRee-ae-we###eR ~-aee#at#eRt aR~! a## 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 shell be passed until it has been read aR twe E~~ aepeeate Faye ee the eegw3ee+~pAt e€ eead3RQ eR twe E~3 sepa~ete eye ~eeR ~#seeReed w#tk+-by a €ede-€#€tbe-1c4/#~-vete-a€-tMe-memke~e-e€ tae esmm#ge3efl in accordance with state law. Qrdinances shall be read by title only. Copies of proposed ordinances shall be furnished to each commissioner and sha]1 be made available to sIl interested persons. The ayes and noes shall be taken upon the passage of ell 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 me~ority 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. All ordinances eased b the cit commission she a su m e e ore o n n o e ec o e me or or s er a rove • rove a: e s a a n a same ereu on s a ecome a ew. as rove e s e s a re urn a same w s er a ec ons n wr n o e c Comm ss on w n or ve a s rom s sass e e eomm ss on. e o ec ons s a a sn are n u u on a recor o e rocse n s •n a comm ss on s a cocas o cone er as o ec ons sn o ec u on a same. u on Iona era on e c coww ss on s a ass a saes a wo-t r s vo e o a an re cosrm ss on w c vo e s a a eh ere u on s recor a or Hance or or nanoes s • •n scome • aM, s m~a oo__r a o ec ons o e c o n r a e n o w a Fa n ~i~n .. ~ n`o r`~"~"n s"-n c~s`~~'c~`i a s no a reurns o a e com+~ sa on w n or - ve a s a er +~ sass e s • ecome a aw n s manner s• a s~~a v e m•~+or. -7- L ,~I f~~ ,~,h~ Powers and duties of mayor. Notwithstandin an other rovision of this arter t o mayor s a pree a-et-meet nqs of tha-ee~nM~es#en-ens-perform-eneh-ether-dat#eet have all executive end administrative owers of the c t an er orm a ut es cons scent w t s er o ce en -t e- enter, ncludin but not lim~tea to the followin es ~ney a mpese Y t e eemm se ens- e-a-be-reeegn#eed-ee-the (1) to serve as the official head of tie-city or all ceremonial purposesT_ (2) to be recd nized by the courts or t e purpose of serving civil process, and by the governor for military purposess_a_n~d__m~ay declare a state of omen enc~~n time o pu is anger or emergencyT . he-morn-w#th-the-eensent-of-the te~nm#ss#eneraT tnice een+n~end of the-pe#4ee-end-me#nte#n-ender-end enferee the #er-ss Hnr#ng hfe llbeeRee-er-d#sab###tY-h#e-dnt#ee eha## be perfer~ned by eRether ~ne~nber appointed by the eex~n~#ss#en:; (3) to supervise all departmentss; (4) to enforce the charter and ar xnances o t e cat an a ~enera_____ aws a+pp ica e t ereto:; (5) to resent recommendations to e commission on t e requirements o t e c ty government:; (6) _ to a dint the c it attorne t e c t c er an t e c e execut ve o cer coo w _' t e a v ce an consent o t e 'comet ss on; to a o nt t e ea o eac a ar ment an o remove at w an suc epar ment ea or o cer~; ~ to re are and submit to the co~am ss on is er recoiamen e - annua u e w e ma e ecrease or ncrease a wo- r s vo e o a en re coma ss ons t teI to exercise a veto sower over ordinances or resolution a o e e comet ss on w c ma a overr en wo- r s vo e o e o n r comm~ssions~ toatten_d ali meetings of the coRm ss on w au or o a e ar n e scuss ns, bu w ~ power o vo of .~.~ -a- {10) to a Dint all bvsrds end comet ees su ec o s rs~`~csF~on of a ma~orit~ of ~~commission snii~-to remove e w an such osrd or comet t ee meet er. This rovis on s a be a ca e to the u is meet ere o the civ service board and to the o -street arkin boar no withstan in~~ anY other rovisions of this Charter to e contrary. (i) Commission~owe~rs, limitation end functions. In the exercise of its--fie- s ative functions and owers the commission ma enter into consu tations with oards o cars an amp oYees o the c ty w enever n e ,ju 'ment off' the commission it becomes necessary; owl ever nei hom'e`r -fie commission nor an member ~reo~ sha interfere with the conduct of an department, o ficer or amp oyes in the discharge of his her duties 4a~--5a~ef3B8-8€-eA111p1388~AAi--€Me~e-eMe~~-be peed-fie-bas-eemm3ee}eReee-a€-Ekie-~3~y-a€-M391R31-F~ee3de~ by-Abe-E3~y-a€-N3eM~-ee-eempeRes~~eRT-tae-ed~n-a#-€~ve ~bedeeRd eei~e~+s F~~T889T88} pee yeas €ee esea eemm38e3epeei peysb~e meR€b~y iR ~we~++e ~~~} eyeei ~pe~a~lmeR~eT-sRd-~aeee-aas~l-be-pe#d-by-tbe-F3ty-e€ N3emi-~e-~Me-msyee-eea~ra~as~eaaee-sR-e~d3~3eRai-sem-wed-€e e+~eead-twe-EbeaseR~-€eve-k+dRdee~-de~~see-E~~Y~98.86} eRrads~l y-Ee-be-eae+~-by-~Me-meyee-eeaaa~i9eaeRee-~®-ee+ree eRy ee e~~ E!REe#~~8~3R1118R~ expellees e€ Abe a€€~ee e€ +~syse-e91RM38A3AR@#~-a#-Fbe-6~~y-a€-N~em#y-Fiee~de, iMe-ee3tl-a®mpeflset~eR-a€-€~ve-~iaedseAd-de~~ees 4i~Teee.ee} peg yeas 3s ~® ee pe,~dT ee pesv3ded #R eee~3eR-~-F~ae-peeee~l3Rq-paeeaeepl~~-Meeee€i-beg3RR~Rq DeeeMbee-fT-~s49T-Ee-Abe-~aeee-E~}-ee~-~+3ee#eReee-•~eeee+~ ~R ~F+e leq~r~ee IMaR#e#pe~ •~eeE3eq ee be be~tl ~R IVsvembee~ 3~s49~ eRtl ~Me eeetl ee+~peASa~,ieR s€ €#ve 4Medsawtl-tle~~eee-E~FTGA8:Q8}-#e-4e-be-pa#tl-bey#AA~IAy Deeembee-~r-~9~5~T-€ef-tae-s4Mee-bwe-~~~-seam#ee#o+awae wigs-w#~~-be-e~eeeetl-e~-~I~s-~-ega~ae-awA#e~l'a~-s~ae44eA-fie be-Mw~tl-#w-NevembseT-~9fi~.--~~- #e-d~ttla:s4eetl-bl+a4-bhs etltl#b#eee~-eeepsAe.4esA-a€-ewe-eMsdeeAtl-eve-Mrwtlaetl tls~~ese l~=1~yiBA.®A} 4• bs 'aetl 6e bbe eayee-eemm+ies#e~etT se pesv#tletl #A •eeteea ~ E4he 'eeaedesy-paeegeepa~ -F-ease#'~-sMe~~-be-'a#~!-bew#~w#*9 Deesebse-~r-~q49~ +~•y oniy serve pert t1~-e unless selected ae-_~~e c e rman. -9- ~""` (k) Salaries of mayor, commission and ceo. The commission shall set the salaries and com ensation of he ma or en the c airmen o the commission a he time each isca - ear ud et is a roved. he ma or s sa ar wi not exceed one hundred ercent 100 o the sa ary o the ehie executive o icer of Metropo itan Qade Count or its successor entit The ceo's salar wi not excee that of the ma or. The sa ar o the chairman o t e commission sha be sixt ercent 6 ~ of the mayor's salary. The sa ary of the members of the commission other than the chairman of the commission sha be ass than hat of the chairman and eats fished y the commission at the time each isca -year udget is a roved. The at-lar a commissioners who choose to serve on a ar -time axis she receive twent ercent 20~ of the salary paid to full-time commissioners. (I) Qualification and duties of the chief executive o icer ceo The ceo is the mayor'_s rinci al assistant and has under his char a the e airmen s o the Cit as are assi ned b the ma or. The ceo sha have at east five 5 ears o hi h eve government experience or equiva ant private sector experience. See.-~3-8,-----E~eeE3AR-wfaeR- Eeews-e€- €ede ee-weee-eaww3es3eAeee-exp3ee eawbiEapeede#yT Wbe~e-Ebe-Eeer~s-e€-€ede-E4~--ee-meee-eew~r#eeaeAees e~cp3ee-eiwdiEeReeds~y-eE-eRe-geReeei-eieeE3epT-EbeR-Ebe Rdwl3ee et esww~es3epe~s eeQd~ee~ Ee eeAet3EdEe e eemr~#se3ep-a€-€3Me-E~~-wer~beee-sqe#i-be-a#eeted-€ee-Ebe teewe-a€-et€See-peeeee3be~-ky-eeeE3ew-4-a€-Eae-EgeeEee e;-Ebe-EaEy-e#'-M#ea+3, 5ee.-~4.--6#ty-weRegee--AppeaRtweAl:; gda##t3ea##eRet-teewt-ea#efyt e#ekweea-ee-abeeAeet-Pewea~a#. sae-eeww#ea#ew--eae##-w##a3A-Ea#ety-~;63-Faye-e€#ee tek#w9-a€€#ee-appe#w#-a-a#ty-wawages--wee-•ae#~-~e-tae arw#w#eteat#+-e bead et ipe auw#e#pe# geveewwew: awd eMa#i-be-leepewa#b#e-tee-tbe-s€~#e#eA~-•~waw#etsat#ew-et a,~#-~epaetaewta-swd-way-be-tae-Mead-e#'-e~eh-depaatMewt aa-Oae-esww#ae#aw-may-by-eel#waAee-peav#~e~--Me-she##-be eM+eaew-sw-laae-bee#a-et-a#e-saee~##~e-•wr-adm#w#ateat#+re qua###'#ea##ews.--Fla-saa#~-he#d-ett#ee-ab-tae-w##i-a#-sae eeaa#ee#ew. N• aMa## ease#ve •rea •a~a;y as aey be €#ear-by-tae-eawa~#aa#aw.--#w-e.ae-•t-the-•#ekwesa-se abaewe• •~ ta• a#ty wawagee tae a#ty eewe~#ae#aw aay appe#wt ewetaes peesawt web a wswbee et •M• •#ty aeaa#ee#ew~ t• aet tee ta• a#ty wawag•#? dre#wg a#e •#ekweea-se-•baewee-ewd-6ae-pe~seaw-ea-appe#wter-aay~ ~~i#wg-tae-sbeawee-•e-•#ekweae-at-tae-•#by-aawagae~-aet !ee-a#w-ewe-pesteea-a##-h#s-d~t~iea-ewe-s##-stiaa-aete-et tae peaaew sa •ppa#wted aaa## be ae 4e##d as taa~ga peeteeae~-by-the-e#ty-wawagee:--tae-pe;aaw-appe#wtar-by tae-a#ty-eawa#aa#aw-te-aeb-ae-e#ty-wawagee-~Y~#Rg-t~aa •baewee-ee-•#ekweee-et-tae-e#ty-wawagee-sea##-wet-be •wt#t#•d-te-•s-pa#d-ewy-eewpewaet#aw-€es-h#e-eeevaeae-aa area-•#ty-aawagee-by-tae-6aty-•€-M#aa#. -10- ~a}--14ews~e#-a€-a#iy-waAager.--ibe-eeww#ee#e~+-sae## eppe#A#-by-e-wa~et#iy-veEe-a€-#ie-wewbere~-i1+e e#iy-waaeger-€et-eN-#Ade€#~#ie-ietwt-e*d-way teMeve-M#wT-by-e-Maier#iy-veie-a€-#ie-wewbete. Ai-~eeei-EM#tiy-X38}-deye-be€ete-eeeM-rsweva# eMa##-beeewe-a€€ee##ve1-iMa-eeww#ee#eA-aMa##T by a wader#iy vale e€ #ie wewbeteT adept a pte##~#pary-rase#d##eA-die##A9-iMa-reaesAe-#et M#a-rewsvs#.--~Me-a#iy-wawager-~+ey-rep#y-#a wt#t#Aq epd way regdeei a pdb##e beet#wg? wM#eM-eMa##-be-Me#d-Ae#-eat##et-iMep-iwa~ty 4~8} eleye nsr #eier tMaR tM#tiy X38} daya e€ier-iMa-€###ne-a€-edeM-regweei.--A€tst-edeM pwb##e-Meer#agY-#€-eAe-be-re~deeied?-add-a€tet €a## eeAe#deta##eA EMe eeww#ee#e~t by a we~at#iy raid e€ #ie wewbeteT May adept a €#Ae#-rase#ei#eA-a€-reweva#. See.-#6:--Sewe--Rewete-eAd-ddi#ee. €Me-pewete-eAd-dwi3ea-a€-EMe-a#iy-waAeget-eaa## bet 4a}--ie-see-iMei-iae-#ewe-eAd-std#ASeeee ate-ea€ereed. ~b}--ie eppe#Ai dad reweveT e+~eepi ee Mere#a prev#ded~ a## d3reeiere e€ ibe-depsaei~aeAie-e+~d-a##-eeberdaReie e€€#eere egad ea-A#eyeee 3A Eae deperi~eR#e-3A-beiM-iMa-a#ese3€aed eRd aRe#ese#€#ed derv#eet a## eppe3Aia~eRie ie ie apeR ~+er3# ®Rd €#iReee-8deeet-aRd-3R-ibe-a#ee®#€#ed eerv#ee a## sppe3Ai~efl#e eAd reward#s-ie-be-edb~eei-ie-ikse-e#~## eerv#ee-prev3e#eRe-a€-iM#e-EMerier, ~e}--i~e e+~ere#ee eeRite# eves a## ~lepariweAie aAd d#v#e#eRe steeled aces#a sr that way be Mersa€tet eteated-by-iMa-eaww#se#ep. ~~3--ia aiiewd a## weal#A,e •€ tM• saww#aa#es w#tM tl+a t#qMi to take past-#e-tae-d#ae~ras#eA-bwO-Mav#*~-n• vets. Ee}--ia-lseaaaesd-ta-iMa-eaww#ss#as-€af adapi#sw •vaM waaswre• ae Me way dean-NSeassaty-se-a+~ped#eet. E€}--~a-keep-iMs-eaaa#s•#aA-€w##y-adv#sed as to tae €#Aape#a# eeAd#i#•« asd ssada-e€-iMa-a#ty*-apd- ~g}--;a-pee€atw-sYeM-•tMet-dirt#a•-aa-way b•-ptease#`ad-by-iM#e-61+artet-at-ba tagw#ta~ a€ M#w by •td#wawa• at faaaiMi#ap-a€-iMa-•eww#aa#s+t." -ti- c Sec. 23-A.1. bepartment of off-street parking; off-street parking board. ~ * ~ * * ~ (b) There is hereby established a board to be known as the "Off-Street Perking Board of the City of Miami" (hereinafter sometimes called the "off-street parking hoard" or the "board") which shall consist of five (5 ;1 members. Each member of the board shall either reside ar have his or her principal place of business in the city and she be an individual of outstanding reputation for integrity, responsibility, and business ability; but no officer or employee of the city shell serve as a member of the board while employed se such officer or employee of the city. Within thirty (30) days after the city commission shall have adopted an ordinance declaring the need far the department and for the board, #~-sae## the ma~or,~shell appoint the members of the board, two (2) o~ wFom a~elT hold office for s term of two (2) years, two (2) of whom shell 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, a3a a successor sha21 be named and appointed by the remaining members of the board, subject to confirmation by the eema~#ae#ew-of-sae e#4y me~~o~~r. In the event that any appointment so made shall-no~be confirmed by the eemmaee#eR mayvr 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 eemm#a®#sR mayor. Each member of the board shall be eligible for reappointment. Upon the effective date of his or her appointment or sa soon thereafter as practicable, e~aci member of the board shall s~4sa-w;tsa-a#a-rdti#est assume of~fi~ce~. but before doing eo as shall take the oa prescribed Iry •ss4#s~+-SZ`-s~-tiae-6#4y-6aae4.ae elsewhere in this Charter and shall execute a bond in a pens sum o en thousand (510,000), payable to the department and conditioned upon the faithful performance of the duties of a#s the officer_ wa#sa-isaal-sips## •Said bond shall bs approve~by the commission ei-4as-sty and filed with the city clerk; the coat of the pree~fu~n on such band •hali be treated as part of the cost of operating the departaent. iws Each •-ember of the board shell be paid a salary of fifty-T~$0) per annum or aueh larger au+~ as the eommiaaion may establish by ordinance. ATTORNEY5 ND1Es aub~sct to results of proposed expansion of board frow five {S) to aaven (T) •-e•~bera at • special municipal election hold Novewber 6, 1984. _12.. c Any member of the board eem~+#ee#e~ me~or, €e~ 4eed Mean#ag. by twe eeMm#ee#eA~ apply to the Circuit Court o Circuit in end for Oade County, the action of the commission. G may be removed by the eebae sAd a€tee p~epee but if so removed, may f the Eleventh Judicial Florida, for a review of (e) The director shall be appointed by and shell hold office et the will of the board. He or she shall be a person of good moral character an~~ieve en excellent reputation for integrity, responsibility, and business ability, but no member of the board shell 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 010,000) per annum. Before epte~#Rq-dpeA-a#e-det#ee assuming office, the director shall take the oath and execute the fond prescribed hereinbefore for each member of the board. The director shall act as the chief executive officer of the department, shall devote b#e-eAt#ae full tirt+e and attention to the duties of #~#e tt~e office, snd shall not engage actively in any other~iusiness or profession. Subject to the direction and approval of the board, the director shall have general supervision over end 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 shell attend ell meetings of the board; shall furnish to the boards mayor and commission a€-€k~e-e3~Y a monthly report with respect to the operation, rnAintenance, and finanr.ial 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. * + • Sec. 60. Civil service--6eeat#eA-a€-taaer• apps#ateaat f -tease-•€-et'~#ta• vasaAa#aat-ar#ee-aAr-ee,~#at#eAa. A civil service board of the City e~ M#aa#t s www#•#'a#-aet}-a~rat#ew-•€-tl+a-State-e~-G#e!#~la~-~e?-aa~i tMe-eaa~• cit is hereby created end established T-•*d .There ah~be five (S) a~embers constituting the said civil service board. Three (3) shell be appointed by the •e~a#es#ew ~naYYo~~r~-, and two (2) shall be elected by the eaployees o~~he C#ty s~ M#aw# cit~~YY with civil service statue, frog said employees wl-th such civil service status. The two (2) so elected shall becoae weebars of the board when confira~ad by the city coeaission. All a~embera of the said civil service board shall sorve for two (2) years, and they shall take office as •oon as appointed end qualified. The - teaw#aa#afl s•yor say remove any aQ o~inte~d, •aabar wf thout cause snd any other mem eb r of ~ia~oa~ir - or cause, upon stating in writing the reasons far the _ reaoval, after allowing hin~ or her to be heard by the - s•a•#sa#aa asYor in ti+•#e his or her own defense. Any vacancy ahalT~be filled by tFie-""-eia~i#aa ,as~or~ for the unexpired term. The a#+~y-aapa~ea asYor .i~a s~a#~A-~s-swd = M• #a Mese`y• authorized to prescribe the rules, regulations, and procedure for the holding of election - -13- f©z 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 may, et the request of the a#tY r~anegerT-eppe#nt create boards or commissions, to be composed of such nuin"fier 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 e-~na~er#tY-wets-ef-the ee~#es#en: the mayor Sec. 90 Compensation of officers and employees. ~Phe ee~nmfss#en sha## f#~t by erd#nenee the eemper~set#en-ef-the-eitY-menagerr-heads-ef-depertx+enteT roan#e#pe#-~ndgee-end-the-a#tY-e4erk:--lhe-a#tY-n+aneger The ma~~o~~r shall fix the number and salaries or rompensat~on 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 a#tY maneger ma~o~r in accordance with the rules and regulations adopted by the eivil service board. All fees and moneys received or collected by officers and employees shall be paid into the city treasury. * * }t ~ ~ * M Section 1.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 1 of this ordinance shall be changed to "Mayor" including but not limited to Sections 52, 53, 54, 55, and 65. -14- • • Sectfon 2. The City Commission hereby submits the follcrNing proposed Charter Amendment for submission to the qualified electors of the City of Miami at a special municipal election on November 6, 1984, for the purpose of creating an Executive Mayor form of government fvr the City of Miami and defining qualifications, functions and compensation of both the Mayor and the chief executive officer (ceo); 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 larger and defining the qualifications, responsibilities, and compensation of said Commission, which shall select its own Chairman; and establishing a boundaries committee which shall be impanelled January 1, I98G to determine the original districts, said Committee to be reimpanelled again immediately after the official results of each Federal Decennial Census to redefine such districts. The following proposed Charter Amendment shall repeal all Charter sections or parts thereof insofar as they are inconsistent or in conflict with the provisions of the proposed Charter Amendment. Except for the provisions of subsection 10(e)(4) hereof dealing with the Boundaries Committee, the proposed Charter Amend~eent shall become effective on August 1, 1987. The pr©visions of proposed subsection 10(a)(4) sat forth below, upon approval by the electors, shall become effective January 1, 1986: C81-RTBR AMENDMENT N0. 2 8ectiona 4, 7, I0, 11, 12, 13, 14, I5, 16, i7, i8, 19, 20, 2S, Z7, 29, 31 and 32 of the City of Mia~ai Charter, Chapter 10847, Special 11cts, Laws of Florida, 1925, as asended, are hereby further aaended in the following particulars:l 1 Morda and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The rss-alning provisions are now in effect and rewain unchanged. llsterisks indicate omitted and unchanged s-aterial. -15- "Sec. 4. Form of government, (e) General description. The form of government of the City of Miami Florida, provided for under this charter shal'~ be known as the 1eess#ee#eR-IIIEIRa~e~ 'executive mayor plan' . the commission shall constitute the governing ~oc~y with powers (as hereinafter provided) to pass ordinances, adopt regulations, and ratify by a ma orit vote all a ointments mede~~the ma or un er s her owers nc u in he ch a execu ve o icer ceo a#E -i11eRa e~ c ark and cit ettorne epee#RE-a-eb#e -edm#a#eEsaE#ve-e€ #ees-Ee- e- RewR ae Ehe ae#Ey seReResuT aRd ewese#ae a## pewe~ra eAa€essed apeR Obe a#Ey e~ceepE ea base#Re€Ees }~sev#ded. (b) E#ee##eR e€ a€€#eese by eesm#ee#eR~ Rules of commission; limitation; quorum. Abe eeMM~ae#eR-aba##-a#eeE-e-a#Ey-maRe~es,,-e-a#eskT-aRd ®-a#Oy-a00esReyT-bYE RNo member of the commission shell be chosen as saAe~es ceo or given any other city office or employme'n~- In the exercise of its le isletive functions and owers the Comm ssion ma enter into consu tations with boards o icers and em o ees o the cit whenever in the ,~udttment o the commission it becomes neceasar however neither the commission nor an mem er hereo she inter ere with the conduct of env epartment,~o~~'icer or amp oyee in the dischar a of his/her duties. The commission may determine i s own rules o procedure, punish its own members far misconduct, and compel the attendsnce of members. A majority of all the members of the commission shall. constitute a quorum to do business, buk a smaller number may adjourn from time to time. 4e3--Appe#REseRE sir 4pEes€eseRee w#Eb emp#eyeea.-Ne#Ohee-Ehe-eas~-3ae#eR-RSf-aRy-a€-~Ee sasbsss-•ha##-d3e0aEe-Ohe-apps#REIIIeRE-s€-aRy-pesaeR Oa-asp#eyseRE-by-Ehe-a#Ey-saRages-es-#R-aRy-mawa~se #ROas€ees-w#=h-Ohe-a#Ey-savages-es-peeveRE-h#e-€ses •«ese#a#R9-h#s-ewR-~wdgsaRE-3R-Ohe-apps#ROseRt-e€ sap#eyeee-#R-Ohe-arm#R#sOsaO#ve-seev#ae.--E+~aep0 #ss-Ohs-pYSpeas-•~-#Rqu#syT-Ohe-ease#ea#eR-aR~-#Oe sesbesa-•he##-dsa#-w#Oh-Ohe-ads#R#eEsaO#~s-sasv#a• ••#a#y-OhseY~h-Ohe-a#Oy-saRa,esT-eRr-R•#Ohes-Oh• terra#ae#eR Rea say sashes Ohesea#' •11a## ~#~-e eerae6?-!#Chas-pYb##s#y-es-ps#VaEe#yT-Oe-aRy-si-Oh• •Ybas~#Rates e€ Oh• •#Ey seaa~es. ARy •weh ~t#aOst#ewT peaVeRO#eR~ •s~eseT •s •~ties #wOes~eseRa• •R Oh• pas0 •#' • cashes a~ t1~e •ees#se#eR w#Oh Ohe ars#R#eOsaO#eR •~ the a#Oy a1+a,l#-ba-~easar-Ea-be-a-v#e#at#eR-a€-Oha-ehasOes, ~~~ (c) Meetings of cossisaion. At twelve o'clock noon on the day the cossissionera take office, they shall seat at the city hall. Thereafter the cossission shall Beet at such uses any! places es say be prescribed by ordinance or resolution. The seeetings of the cossiasion snd all sessions of cosmittees of the cosmission shall ba public. -'! 6 - t t 4e~--Paweee-ewd-ddE#ee-a€-meye~r.--bae-meyee eMs~~ psee#de e# wee!#wye e€ bi~e eemm#ee#ew ewd pee€sem dries e~Me! dw##ee* eewe#eEawE w#~h It#e e€€fee-awd-bb#e-e~+ee#ee~-ee-me~--be-#Mpeeed-by-#as ee+~w#ee#ew.--Ne-ebe3#-be-eeeegw#eed-ae-bae-a€€#e#e# 1~ead-e€-bae-e##y-€ee-el#-ee~-emew#e#-pdepeeee~-by !be eerie#e €ee #be peepeee e€ be#wg eeeaed w##a e#v## p~teeeee~ ewd by #ke geveeRee €ee w####e~ry pefpeeee.--#R-b#me-a€-pdb~#e-deApee-ee-eweegeAey~ he-MayT-w##a-EMe-eeweea#-a€-EMe-eemw#es#eweeaT-#ewe eemmawd-e€-#ae-pe##ee~-me#w#e#w-eedeet-awd-eA€eeee Eae awe: 9d~-#we b!8 ebeewee ee d#eeb##~#ly aye de#4ee ebe#~ be pef€eemed by ewe#kee Mew~ee epee#w#ed-by-EMe-eeMa~#ee3eR. ~€~ (d) Salaries of mayor, commission and ceo..~aeee-ek+a~l-be-pe#d-be-bae-meyee?-ewd-#e-dada eemm#ee#awed-ae-eeMpewea##ew-#ae-aem-a€-:~i~e98-pee yeee-payab#e-map#b#y-#A-#~-ages#-#we#a##~+eR#s~-awd #1~eee-ebe~~-be-pe~#d-#e-EMe-meyAe-~lae-add###eAal-edm e€ f~t3-89 ewwda##y ~s be deed Ee saved ew#ee#a#wmew#-expewaee-a€-~k+e-a€€#ee-a€-meye~--e€ #bs-6##y-s€-M#em#~-Flee#da, The commission eh all set the salaries end compensation o the mayor and the chairman o the commission the cit ettorne the c ark and the manager a he time each fiscal- ear bud et is a roved. The ma or's saler wi not excee one hun red ercent 100 o the sa ar o the chid executive o icer of Metro o it.an Dade Count or it.s successor entit . The manager s sa ary wil not exceed that of the ma or. The sslar of the chairman of the commission shall be sixt ercent 60~ o the mayor s salary. The sa ary of__the members of the commis on, other than the chairman o~ the commission shall be Iess then that of the chairman and es a fished b he commission a e Mme each ises -year budget is a~P-rove he at- arge commissioners who choose-~o serve on a art-ti e basis she receive tweet ercent 2 X o t e sa ary psi o u -t me Comm ss oners. Eye {e) Ordinances and resolutions; voting. ~aa aamm~#aw •aa~# •aE away by sadawon®• ae we#btaw ssaa~d~~iaw~ awd aAl1 ordinances and resolutions, except ordinances making appropriations, shall be confined to one subject, which shall be clearly expressed in the title. Ordinances making appropriations shell 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 €oMS-€#€I~I~a two-thirds vote of the members or the commission. = nances shall be read by title only. Gopies of proposed ordinances shall be furnished to each commissioner and shall be made available to all interested persons. The clerk shell record the vote of each commissioner on all ordinances and resolutions. Passage of every ordinance or resolution shall require the affirmative vote of a ma,~ority 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 ;ii 10 days after its passage unless it is declared to die •n emergency measure on the ground of urgent pubiic need for the preservation of peace, health, -1?- safety, or property, and unless it is approved by a vote of not less than f ene-fffthe two-thirds 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 compliance with an initiative petition shall be regarded as an emeryency measure. All ordinances assed b the eit commission she a su m tte a ore o n nto e ect to t e ma or or s er a rove a rove , e s e s a s n t e same= t ereu on t s a ecome a aw. isa rove , e s e s a return t o same w t is er o ect ons n wr t o to t e c t commies on w t n a s rom is assa a t o commies on. e o ections s a e entere in u u on t o recor o t e rocee n s an t e Comm ss on s a rocee to consi er sa o sect ons an to act _u on t e same. upon cons~~erat on t e`c~t - commiss~rsTia'TI- as-" s t~ s~am_e~y a two-t it s vote o t e entire comm ss on, w~ii-c~vote sTiaZl-`Fie`entere8 u ont1ie recor tTie or Hance or or finances s a t en ecome a aw t o ma,~or s o ect ons to t o contrar notes t stan in~.. ~ or_ Hance w is s a not e returned to tFie cit commission witfiin~~a s arter its~assage s a ecome a aw in fi e manner as i'~s ignde ~y t e mayor . (f) Election of officers by commission. The commission shall ratif b a ma~orit vote an a~paint.ment ma a y t o mayor o_ a ceo, a c er anc~ a cit attorney ._ _ 'f5'a me-`mF~'e'r o~"t~ie commission s aTI-~5e c~iosen as ceo or-Fe -a ointec3 t~~o____a~_~_n_~~__ of er cit o ice or emp_o~ment. e commission ma dYetermine its own rues o~ ppr~~o~~c__e__ure, _m__a~~punis _ its own mem ers or m~duct anima come aI- ttenaance o~`memF`ers. ~ ma orit o a t o mem ers o t o comm ss on s a const tute a uorum to o us Hess ut a sma er Hum er ma a ourn rom t me to t me. Chairman of commission. The chairman of the commies on s a e se ecte t e comm ss on an s a serve on a u -t me as s w c s e ne as ours er wee e a - ar a Hem ers o e comm ss on ma serve e t er u me or ar me or a erm tow c e ecte ._ nor er o e con`s~'d-e`red'~"uTT t i'me t ~e cos-m-iss on~r mush e a wr t en ec era on w t e c er w t n one wee o e n e ecte om ensa ion w var e en n u on w et er a_ comm ss oner c oos4s o serve u t me or art t i'me .+1~ac~i 'o~t~i'e com- m ss oners re resen n s r c s ma on serve part t me un ese ae ecte as t e c a rman. Sec. 7. Ma ort Ecomposition of commission= res gnat'~on . -18- • • (a) Beats and terms. The commission shall consist of ##re nine citizens who are qualified voters of the city an7 who have resided in the City of Miami for six months next preceding the election at which they seek election. Commissioners shall be elected fren~ the a#tY et #erge #n gre+~pe nnt~bered-#-threagh-V:--Ane-ef -ea#d-eea+~+#ss#ener,~ she## be the mater and sha## be a}eeted by the peep#a-at-each-genera#-a#ect#enT-fer-a-term-ef -tMe Yeersr frem the greap to be narnbered ~: Ee~nm#se#enere-#n-greaps-nax+bered-~#-and-}#~-ehd}} be-a#eeted-at-the-genera#-e}eet#ene-te-be-he}d-#n the Year ~y55 end at each genera} a}ett#en eeeh fear Yeare therea#ters ~erxm#es4eners #n grenpe nesmbered-~Y-end-V-eha##-be-a#eeted-et-the-genera} e}eet#ens-te-be-he#d-#n-the-Year-#9~?-end-et-eeeh genera} e~eet#en eeeh fear Years thereafter: as follows: five members shall be elected from str cts num ere Distr ct I t rou Distr ct V an our mem ers s a e e ecte tom t e s t at are n rou s num ere t- are rou , t- ar e rou , t- ar a rou an At- ar a Grou e ma or s a e e ecte tom t o cit at ar a in a rou ca e a or. T e mayor an t o comm ss oners 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. ld. Election of commissioners and mayor; districts. {a~ Mega#ar end primary a#eet#ens of een+x+iaae#eners:--~l-rtgaiar-manic#pa#-eiettien-fer the-e~eetien-ef-een+a+#~atenere-eha~~-be-held-en-the seeend-laesdar-after-the-f#ret-MendaY-#n-Herefiber fn edd-numbered Yeeras ~ Renpartisan pr#marY e#eet#en-ef -the-neminat#en-ef -eand#datee-fer-the eeRUn#es#en-eha##-be-he}d-en-the-f #ret-lneadaY-after the-f #ret-MendaY-#n-Heren~ber-#n-edd-numbered-mare: 1lnY pereen whe peeseeaes the qaa}#ffeet#ene regn#s#te to an e~eeter at the general state e~ett#enr and Mhe reg#stere to rett as waY be preset#bed br erd#nanee sha}~ be a qaa}#f#ed e}eeter of the a#tYs h~} e~eet#ens he}d #n the e#tY-shn}~-be-ee~ddtted-and-he}d-aeeerd#ng-te-the prer#s#ens of the genera} a}ett#ene #aMS of the 8tste-ef-P}er#dar-except-ne-etherM#se-prer#ded-fer #n th#s charter except the eema#ee#en shs## be ssbst4tnted-fer-n-beard-a#-eenntY-ee~#es#eners~ the naae of anY a#eeter of the a#tY eha## be pr#nted-open-the-pr#earY-ba#}et-ss-a-eand#date-fer nea#nat#en-ef -the-ef ##ee-ef-~eaYer-er-ee~#es#ener ripen paY#ng to the t#tY the sna of ;#68 to be depes#!ed-w#th-the-a#tY-a#erk-as-a-gtia##fY#ng-fee net #ess than #5 deYs pr#er to the date of the pr#.arY a#eet#ent ea#d a#eeter sha#} sebe#t teneurrent#Y-thereto#lh-a-eMern-•tates-ent-ef-h#e-er her-n~-ae ~-sddreser-eteepat#enr-greep-#n-Mh#eh-the e#eetes-w#shcs-te-runt-and-w####ngnese-te-setter-#f e~eetedr 14## s+aeh gtia##fY#ng fees sha## be depes#ted-w#th-the-ea#d-a#tr-e~trk-ne-dater-than 6196 pTms en the fertY-f#fth daY pr#er to the e#eet#ens -lg_ • • (a) Election of commission end mayor; terms of nffice recall• districts and at lar a rou s. e Comm ss on s a consis o nine mem ers es 0 ows: five mem ers w o s a e e acted rom die r cts num ere is rict throu h District es arsine ter rovided and vur members who she 1 be a ec a rom the cit at ar e n rou s num ere At-Lar a Grou 1 At-Ler a Grou At-Lar a rou an t-Lsr a rou as hereinafter rovi ed. he ma or she be a acted rom e c a er a in a rou ca ed Ma or. The Comm as oners an manor she be a ec a as follerr~: (1) Districts. For the ur oses of electin members to the cit commies on the cit shall be divided into ive is r c s as a ermined b he boun cries comm t ee w ich s r cts s a a num eyed istrict throng istrict V. All arsons desirin to ualif as candidates or commissioner from the districts she i e m e istrict in w ich they reside. (2) At-Large Groups; Mayor. There shell also be four members of the city commission elected at 1 ar4e . Al l persons desirin to uslif as candidates for commissioner st sr e s a file in At-Lar a Grou 1 At-Lar e Grou t-Ler a Grou or At-L.ar a rou 4. A arsons desi_r~in~ to qua i ~ es candidate or mayor shame min the group named Mayor. (3) Terms of office and recall. The ma or shall be elected et the November enera mun ci a e eat on an a t e i enera mun c pa a ec on sac our years thetas ter. The commissioners in District I Oiatrict II Distr ct I is r ct V and ietr et a a e a ee e a a oven er enera mun c a e ec on o serve wo year ern~a. The Commissioners in At-Lama Grouo 1 and At-Ler a Grou 2 eh~il be elected a~~t a avem er enera mun c a e ec ion o serve a wo mar. arm an arse ter s a e e ec e o nerve four year~e'rms. The coa:misefonara in At-Large Grouo 3 end At-Lar a Grou ~ shaZl ~e eTec a a e oven ar a+un e a enera a ec ion o serve a our dear arm an eras er a s e e ec e o serve four year arms. _yp_ i Si ~4) Boundaries Committee. - .. members A bounda_r ies is ~ece - es`ta~ committee _ il^isFie~. of ten (10 } t s a e m ane a on anuar or t o ur ose o e n n a or na str cts. erea ter t s a a re m ane a mme ate a ter t o o c a reau is o eac a era Decenn a census s con rme to re a ne t e oun ar es o suc stricts. The boundaries committee shall be com osed o one erson nom Hate eac mem er o t o comm s s ons_ _ p_ u s_ t e o ow n~ a i t on a ~~v`i~ua~s ~ - -- i) The Chief Judge of the Eleventh Judicial Circuit in an Da a ount , F on a w o s a serve as c a r erson or a o nt t e c a r~erson rom _mem ers o t e comm ttee. (ii) The Presidents of the Oade ount Bar Association t e 8 ac Law ers Assoc at on, t e u an-American Bar ssociation an t e or a ssoc at on or Women Law ers Da a ount a ter. I an o t ese in vi ua s is unwi in or una a to serve, t sir respective associations s a name a rep a ement. A_quorum shall consist of seven of the total members. The boundaries committee shall have a budget of--~T~-, or sta , secretaria serv?ces statfsticaTancl-Te-a~or~k~:'~e`cit attorney s a e av_a_i_ a __ a to per orm eta serv ces as regu red v e comm ttee, The boundaries committee shall set the final boun ar es not atEr t an u ust w er.~_e.__u.~~~o._._n t s a cease to unct on unt next ~mpaneTled as prov a ere n. The boundaries committee shall meet all l constitutions re u remen s an s a a tem o ma H a n o e n c an ne or o0 re resentet on v n e i~q est Qr or tY o t e actor o e n c n e~'~n-in--ht e~Fo-unTar~es o"~ e s r c a t o oun ar ea committee s a o serve a era an s ate aws an count or nancea concern n e ea a s men an n eqC Y o wvo n~c ~rec nc~a. The boundaries committee shall ado t its own rules o rocs ure an s n n s e_e.rm na onal an conc us ona a a_ a na an naing. * t • ~ t • -21- (c) Yote required. If a candidate for office of mayor or commissioner receives a majority of votes in the primary election in his or her group or district, he or she shell bf considered elected upon-E~Fi'e~iTeclaretion of the result of the election as hereinafter provided. If there is no ma,~ority, 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 regTmunicipal election following the primary election. the candidate for nomination receiving the greater vote in each such group or district_ in the regular municipal election meowing 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. Sec. 71. Filling vacancies in commission. A vacancy eA-Abe-ee~+maea#eA in the office of mayor or commissioner caused by death, resignation, or other causes shall be filled by a majority of the remaining commissioners within 10 days after such vacsnr.y occurs. the term of office of the person appointed shall be until a successor in office is elected and qualified et the next general election held pursuant to this charter. If there fs 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 necessary, be for shortened terms, in order to preserve the sequence of staggered terms provided for in this charter. Sec. ~2. Coaomission may investigata official transaction, acts, and conduct. the as or commission, or any committee thereof du~orized by the com~niasion so to do, may investigate the financial transactions of any office or dapartaaent of the city government and the official •cta and conduct of •ny city official, and by siwilar investigations a~sy secure inforwation upon any natter. In conducting such investigations the sa~or~ comwission, or any com~aittee thereof, say re--~qu~ra the attendance of witnesses and the production of books, papers, and other evidence, and for that purpose may issue subpoenas which shalt be signed by the presiding officer of the comwission or the chair of such comaittee, as the cased say ba, and which ^ay be served and executed by •ny police officer. _yy_ 5ee.-b3.--6#ty-~-Sweger--App®#RbReRbt-qas~#- €#esblaws;-~arRt-eeleryt-a#ekRess-ef abeewee;-reRevsl#-pewere-eRd-deb4ee;- e+~aM#ReE#eRe. Eat--Apps#R~IReR~; gdsl#€#eet3eRe; berRt eslsay;-ebeeRee.--sae-eeRR#es4eR-easel-w#~a~.A-39 days-a€ter-bek#Rg-a€€#ee-eppe3Rb-e-elby-wSRSgerT was easel be bas edR#alstrsb~ve aesrd e€ bhe wwRis#pal-geyesRaeRb-eRd-was-easel-be-respSRS3ble €er-bas-a€€4e3eRb-edwlR~.sErSbleR-e€-bas-a#by.--Ne er-she-easel-be-eaeeeR-by-S-vebe-e€-bas-MS~er4ty-e€ Ehs wewbere e€ bas eeRR#se#eR eR bbe bas#s e€ ewesw*#ve-eRd-edR#Rletfet3ve-geel#€leeb#eRe,--Ne-er ehs-Rey-es-way-wet-be-e-tee#deRt-e€-bas-el~y-et-e€ bhe Sbsbe e€ Flsr#is, Ne ReRber e€ bas a#ty eswR#eeleR-easel-be-eppe3Rbed-a#by-~+SReger,--xae e4ty-MSwager-she!!-Geld-a€€lee-et-bas-w#~!-e€-bas seww#eeleR-aRd-easel-tees#ve-edea-salary-es-May-be €#wa~l-by-bas-eswalSS4eR.--lR-ease-e€-bas-e3ekRess es-abeeRee-e€-bas-a#ty-RaReger~-bas-eeMRlesleR-RSy apps#Ab SRStaer gdal4€3ed e~ereea to eeb €er bas e#ty-Maweger~-sad-ell-ewes-Sebs-e€-bas-pefeeR-ee appe#Rbed-easel-be-es-vsl3d-Se-baebQa-pe~+€erRed-by bas a#Ey ~SReger. lae pereeR eppelR~ed by bas esRR3es3eR be eeb se e3ty RSRager ddrlRq bas Sl~seRee-er-elekRess-a€-bae-e3by-MCReger-easel-Reb ~e pA~~ eRy eddlb~ieRSl eA111~8R96~3eR €e~ a3e seeV3eee-es-88~3Rq-e3~y-w-eReger. ~b~--R~eRSyel-e~-e~~y-IN6Re8ef':--gas-es~a~+lesaeR Msy-pe~-sve-bas-el~y-ReRSger-by-e-n+s~e~l#y-Mete-s€ 3~s-Re~+bees,--AR-~essb-38-days-be€aee-edea-~e~+evsl ease l-beee~+e-a€€seb3++e~-bas-seRa~lsa3eR-easll~-by-e ss~er#ty-vebe-a€-COs-Re+~bet+sY-adept-S-p~+el3R~Rery resalat~iSR-SbetlRg-bas-reeeeRe-€er-a3e-reRevsl.-gas e~IOy-MaReger-say-reply-#R-Me3baRq-alibi-Mey-regde®~-e pwbi#a hesr3Rg~ wa~ea Sash be Geld Red esrl3et thew i8 isys war later OheR 36 days s€ter the €iliwq-a€-swab-regweet.--A€tas-swab-pwbl~s-bast#wg~ #€-ewe-6e-ee,weeteiT-aRi-a€Oer-~wll-sews#ieestlew tha-sswwissiswT-by-s-wa~er~iEy-vets-e€-lbs-aewberei way-slept-•-€#wsl-rseslwtleR-s€-rewsvel. ~s}--Rswere-awl-iwtlse.--lhe-pewere-swd-dw0#es •#'-Ohs-eity-aaws4ea-shell-bat ~}}--Os-see-thsO-Ohs-laws-awl-eri#weweee-aee ewissasi;- ~~}--Oe-•pps#w0-swd-lessveT-saaspt-es-sere#w pear#iei' all i#eestses s€ OM• iepaetwswts-awl-all-•wbeailwate-a€€lsee• ssi-ewpisyss•-Ew-Ohs-iepaetwewts-#R-bath the-siss•!€!sl-awl-wwsiess#€#ei-setvtss• sii-sppslwtwewts-ass-Os-be-wpew-ass#t-awl t#tweae •iewe; eRd #w Ohe eisss#€ted sse~lset-sii-sppsiwtwewts-swi-esusvais aee-Oa-bs-swb~sst-Os-the-elv,it-seer#s• 4i}--O•-e+~seslas-sewtsa!-suss-e!!-iepa+etwswts awl-il+rlslsws-aesatsi-base#w-se-that-way be-hseea~tse-sesatei-b#r-the-•swwlsslswi- ~4}--Os-•ttswi-ail-west#wga-e€-Ohs-sewaissisw awl-pee0ie#pe0e-lw-Ohs-i#sswsslewY-bw0 wst-Os-fists+- _2~_ ~~ a 4g~--te reee~nn+end to the eemm#ss#en pet adept#en edeh meeeeres es he ~+eY deex+ neeesee-tr-er-e~eptd#entt f6~--te-keep-the-eex+n~#ae#en-fn##Y-edv#eed-ee te-the-f#nene#e#-rand#t#en-and-needs-ef the-a#tYt-snd ~3~--te-perform-eneh-ether-dat#ee-ee-~neY-be preser#bed-by-th#e-charter-et-be-raga#red ef -h#~n-bY-erd#nenee-er-reee#et#en-ef-the een+n~#ae#ens •d~--8xen+#net#en of effe#ts of depertmentet off #tets-er-es+p#eYeee s--4'he-a#tY-rneneger-s-eYT-w#theet net#eer a#edse the ef~Ee#te of enY depett~nent er the eendnet-ef-enY-off#eer-er-amp#eYee-to-be-exam#ned:--enY pereen er peteene eppe#nted by the a#tY ~neneget to exe~n#ne-the-effe#re-ef-enY-depertn~ent-er-the-eenddet-ef enr-off#eer-er-e~np#eYee-she##-have-the-een+e-r#ght-te tegn#re-the-ettendnnee-ef-w#tnesses-end-predaet#er+-ef becks-and-papers-end-ether-ev#deneed-ee-#e-eenferred npen-the-ee~un#ee#en-bY-th#e-ehetters Sec. 13. _ Mayor, chief executive of f i_cer; powers and` ut es. (a) Notwithstandin an other rovision of this charter: t o ma or s a ave a executive an a ministrative owers o the cit an er orm a uties consistent wit i s er o ice inc u ing ut not ~mite_ to the follow in ~1) to serve as the - ~ official head of the city for aT p i n~ ceremon urposes; (2) be__reco n~ized to ~ the courts ~ for the purpose - _ o serv~n---c-'iv-fi r rocess, an3 ~ tie overnor or m tar ur Dees an ma ec are a state o ewer ency n t me o_ pu c_ _anger_ or emergency. (3j to supervise all departments; 4j to enforce. _t he charter and ordinances of the c t~-_an a genera Laws applicable theretop 5 j to _ p_r_e_s_e__n~t recommendations to the commission on ~requ'lre~aen'~s "o~'"'~Fie c~~y governmen f 6) to a Dint the cit attorne the cit clerk an eceow teavicean cnaen o to com® ss on an o a nk a e ar ®en ea s an remove a ~r an suc a ar men ea or o car. 7) to re are and subwit to the commission s er recommen a annua u e c to e ecrease or ncrease a wo-t r vo e o eon recoss~sson~ .._._ 8) to exercise a veto Sower over ordinances or ra~soTu~'i'ons ac`To- i~"ed ~ £fie"' coaw ss on w c sui ovary n a wo- ~i~'r~'s` voEe~o~'~"e en re coos ss one -24- 9) to attend all meetin s of the commission with out or~~- to to a Fart n t_ _e scuss ons, ut w~to`u~vower ~o vote s 10) to a oint all boards and committees sub ect to a rat ca on o a ma or t o t o Comm ss on an to remove at w an suc oar an Comm ttee mem ers. b ualificatfons and duties of the chief execut ve o cer ceo). T e ceo s t e ma or s r nc a ass stant an as un er s c ar e t c e artments o t e t as are ass ne t o ma or. T e ceo s a ave a m n mum o ve ears eve government exper ence or eyu va ent pr vats sec or experience. Sec. 14. Departments of the city= boards (b) Power to appoint boards or commissions of citizens. The commission may -at-the-regeest-e#-the e#tY-teenager create -eppe4nt boards or commissions, to be composed of s-"Tuc `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 e-the?eritY-vote -ef-the eemfiissien mayor. Sec. I5. Directors of departments. The city-x+anagez~ mayor shall appoint a director for each department and, in his or her discretion, may consolidate two departments undez one director. Each director shall serve at the will of the ritY-tnant:ger __m__a__~~o___r__; 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 eftx->Reneger mm_ay_o~r in all matters, shall manage the department. Nene-e~=the-previetens-ef-this sect#en-ehaii-be-appi4eebie-te-the-department-of-ieMs Sec. 16. Department of law. The _m_a~o__r_~ the commission, the e4tY-~ana~er ceo, the direc~'or o~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. * * * • ,. Sec. 19. Finance, department of finance. (a) Departtaent director. Subject supervision and control of the eftr-^anaget• director of finance shall have charge of the -ZS- to the e~aya~r , the ed pay=ment ~ ~ 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 with the approval of the a#!Y manager ma~o~r. The accounts and accounting procedure of the city sFia11 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 make 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 a#!r s-anager mayor . (c) Budget estimates. Not later than one month before the end of each fiscal year, the a#tY-manager ma or shall prepare and submit to the commission and ma a 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 by the eilYwn+ent+ger ma or. The classification of the estimates shall be as near y 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= (~) 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= _26_ (6) a statement from the director of finance of the total probable income of the city from taxes far 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~tT mana9eY m~a~o~r, may make appropriations for the current expenses o~ the city, chargeable to the appropriations of the year when passe8, in an amount sufficient to cove r 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~tY-~nertegee _m_a~o~r, the commission may transfer any part of an unencum e6~re3 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, departsent, or division. * * ~ (k) Payment of payrolls bills and claims. No dais against the city shall be paid except upon a voucher certified by the head of the appropriate departsent 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 accountrnt of the departsent of #inancet provided, however, that in the event of the illness oc the absence of the director of f inanee or the ehie# accountant of the departsent of finance, the a#kY swasye! ~sa or say designate other offices of tha city to sign andcountersign such checks or warrants. The director of finance shall exasine ail payrolls, bills, and other claiss and desands against the city, and shall issue a check or warrant for paysent only upon #inding: that the dais is in prop:r fore, correctly cosputed, and duly certifiedf that it is justly and legally due and payablet that an approprlation has been s-sde therefor which has not be exhausted or that the pays~+snt has been otherwise legally authorisedf and that there is coney in the city treasury to sake paysent. Tie -27- E3 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 when office vacant. Upon the removal, or expiration of the tern city, other than the director of of finance shal l cause an audit ar accounts of such officer to be m~ the e~tY-rnerregere mayor. of accounts of officer death, resignation, of any officer of the finance, the director d investigation of the de and shall report to * * ~ * ~ ~r Sec. 18. Chief procurement officer. (a) The eftY-meneger ma~o~r shall appoint a chief procurement officer who shall supervise all purchases for the city in the manner provided 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 alI 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, Wray be obtained by contract or through city labor and materials, as provided by ordinance. All contracts for xrore than 54,500 shall be awarded by the cosuaission to the lowest responsible bidder, after public notice and using such coapetitive sealed bidding wethods as mays be prescribed by ordinance, but the eftY-msnsgeti >aa or or designee shall have the power to reject all bids. o withstanding the foregoing, the e4tY ~anale! _m_a~~o__r may waivs eowrpetitive sealed bidding wrethods by ~aking a written finding which shall contain reasons supporting the conclusion that competitive sealed bidding is not practicable or not advantageous to the city, which finding ®ust be ratified by an affirmative vote of two-thirds of the cosue-ission after a properly advertised public hearing. when competitive sealed bidding s~thods era waived, other procurement srethods as say be prescribed by ordinance shall be followed. ~-11 invitations for bids, requests for proposals, or other solicitations shall contain a reservation of the foregoing right to reject all offers. Ail contracts for -28- rr i+ personal property in excess of $4,500 shall be signed by the a#tY Mene-ger ma or or designee after approval thereof by the commies on. 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 a#tY-~naneger ma or or d~e~li!~ne~e shall submit to the commission a descript on o tie ~an~.icipated 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 a#tY rneneger mayor or designee shall have the power to reject all bids. Notwithstanding the foregoing, the a#!Y x-eneger ma or or d_~e_s__i_~~ne~__~e may waive competitive sealed bidding met o s y making as 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 two-thirds 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 ar impravements shall be signed by the c3tr Menager mayor or designee after approval thereof by the commission. When it becomes necessary in the opinion of the e#tY-~nnneger _m_a_~o_r_ to make alterations or modifications in a contract any public work or improvement, such alterations or modifications shall be made only when authorized by the commission upon the written recommendation of the c#tY-mennger ma or or de~~s__i_gqnee. No such alteration shall be valid un eas a p~ce'~o 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 e4tY mane9er ma or or designee prior to such Authorization by the comm~ on. (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 i~aprovements, 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 person, as defined 1n the Code of the City of Miami, one or more of the following integrated packages: • ~ : : * : After public notice there shall be a public hearing at which the commission shall considers (i) the contents of the request for proposals for the subject unified development project= -29- ~ ~ (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 a#ky-s+eneger m_a~Yor for the appointment of persona to serve on ~i~ review committee. Said review committee shall consist of an appropriate number of city officials or employees and an equal number plus one of members of the public, whose names shall be submitted by the a#kY-menegee ~ma_~or 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 a#kY-s+enager 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 e~tY-manager ma or. (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 e#kY-~nnnnger m~a~o~r of its evaluation of each proposal, inclining 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 a#tY-wane9erm___~_a_~~or__ shall recommend one or more of the propo s for acceptance by the commission, or alternatively, the a#tY mens9er mayor may recommend that all proposals be rejected. If there are three or more proposals and the a#tY ssne,er oayor recommends only one, or if the e#tY-wensger ma or recommends rejection of all proposals, t~tY-^ene9er mayor shall state in writing the reasons for :uch recommendation. In transmitting his recosmendationa to the wana~er m~~ayyo~~r shall reports, ~n~Tuding an rendered to him by certified accounting coma i t tee . recommendation or commission, the eftY include the written r minority opinions, the aforementioned firm and review -3a- ~ ~ (4) all contracts for unified development projects shall be awarded to the person whose proposal is mast advantageous to the city, as determined by the commission. The commission may accept any recommendation of the e#tY-mer+eger m~a~o~r by an affirmative vote of a majority of its members: ~n the event the commission does not accept a proposal recommended by the t#tY-rneneger _m_~~ayyo~~r or does not reject all proposals, the commission s~ialT 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. 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 a#tY manager mayor; or (3) reject all proposals. All contracts for unified development project sha21 be signed by the City-manager m for or designee after approval thereof by the commission. The city-manager ma~____~o_~~r 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. (e) Safeguards. ~ R R 3 (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 a#tY mana9ee ma or and from the review committee that _' ev~ated the proposals for the project, concerning the advisability of exercising that right. fiec. 20. Local improvements. ~ ~ * * * ~ (d) Plans and specifications prepared by a#tY asnsfae aa~or and filed with city clerk. Pro~aptly after the passage of said resolution, the a#!Y-eana~ee as or shall prepare and file with the city clerk plans an -31- • ~ specifications of each improvement ordered thereby and an estimate of the cost hereof, including an estimate of the cost of each k ind of improvement if the resolution provides alternative descriptions of material, nature, character, and size. Such estimate shall show the amount of cost and incidental expense to be assessed against property and, except in the case of storm sewer improvements, the estimated amount to be assessed against each foot of abutting property. The estimate made by the a#tY-x+sneger ma or 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 55,000 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 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 a#tY-manager m~_____a~~o~~r to an amount not greater than 97-1/2 percent of eucTi 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 es a whole or for any part thereof separately, and bids my be asked for any one or more improvements authorised by the sa~ae or different resolutions, but any bid covering work upon tore then ene imnroveetent shall be in ouch fora 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 a#tY-manager m~~ay_oyu___r__ conditi+cmed on the performance of the work in acearc~ance with sueh contract. The commission shall have the right to r*iect -32- all bids and if all bids are readvertise or determine to labor forces without contract. rejected the commission do the work by the city (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 a#tY-rwenegerm_a~o~r shall prepare and file with the city clerk a pre3~i-urinary 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 24 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 $204, 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 14 days from such conf irmation, deliver to the e~tY-s+eneger _m_,~~a~~o~~r a copy of said petition, then the validity o~such assessment against said property shall be determined in the judicial proceeding so begun. Within 14 days after the delivery of said copy of petition to the eitY ~+anege~r moor, the a#tY-x-eneger ma or shall answer the said petition, and the case she be heard upon such evidence as may be presented to the court. Sec. 25. Civil service. (a) Creation of board] appointment; terms of officer 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 eemm#seien __m_a_yy__o~~r, and two shall be elected by the employees of the c~~y with civil service statue, from said employees with such civil service status. The two so elected shall become members of the board when confirs-ed 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 eemm#ss#en ~aa~or_ ~aay reeove any a ointed member without cause and a~ay reaove any o e~ ment er o e oar or cause, upon stating in wr ng the reasons for the removal, after allowing hiw or her to be heard by the eemm#ss#en __as_yyo___r__ fn his or her own defense. Any vacancy shall be~f3Tled by the ees-e#ss#en ~aa~o~r for the unexpired tern. Th• a#ty mane'ee ~sa~or i~ali be authorized to prescribe the rules, reg~iu a~tions, and procedure for the holding of election for the purpose of electing the two s-es-bera of the civil service board by the city employees with civil service status. -33- 1 ' ~~ f ~ all bids and if all bids are readvertise or determine to labor farces without contract. rejected the commission do the work by the city (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 a#tY-~+anager m~a~o~r shall prepare and file with the city clerk a prei~-urinary 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 5200, with a good and sufficient surety, to the effect that the petitioner will pay to the city ell costs and damages to be sustained by it by reason of such proceeding, and shall within 10 days from such confirmation, deliver to the a#tY-meneger ma or a copy of said petition, then the vRl~dity o~ch 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 eitr n+enager mT y°r, the city-~neneger ,m,_,a~o~r,, shall answer the said petit~.an, and the case shall be heard upon such evidence as may be presented to the court. Sec. 25. Civil service. (a) Creation of board; appointments tetras of office= vacancies; rules and regulations. A civil service beard 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 eeme#ssfen ma~~o~~r, and two shall be elected by the e®ployees of the c3~ with civil service status, from said employees with such civil service status. The two so elected shall become members of the board when eonfirraed 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 eemm#s•#en _®_a~o~r n-ay remove any a ointed member without cause an~c say re®ove any o er mem er o e oar or cause, upon stating in wr~'~ng the reasons for the removal, after allowing his or her to be heard by the eesw#ss#ew ,,m~~a ((o~~r in his or her own defense. Any vacancy shall be~£illed by the esmm#s•#en ,raa~or for the unexpired term. Tb• a#tY manager ,ma~o~r shall be authorized to prescribe the rules, req- uT ations, and pcocedure for the holding of election for the purpose of electing the two weabers of the civil service board by the city e~loyees with civil service status. -33- e ~' ' ,;,,... . ~ ~' (d) Ruless examinational eligible listss 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 industrys sh~+ll make investigations concerning the enforcement and effect of this article and of the rules adopteds 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 a#tY-x+eneger m~a ,,o_r_. When positions are filled, the 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 demotion. w * « suspension, removal, fine, or (1) Any officer or employee in the classified ser- vice may be removed, suspended, fined, laid off , or demoted by the ettY-tnarteger m~a~,or or - by the head of the department in which 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 dare 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 a#tY-zaenager ma~o~r or the head of the department. Any employee 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 con- sidering the avidence for and against the employee, the board shall report in writing to the eftY msna'ee ma~o~r its f findings and recommendations. Tie a#tY •anage~r _m_ayo_r_ shall then sustain, reverse, or codify }~ '' action of the department director. Any member #' of the civil service board and the director of personnel say administer an oath to witnesses appearing before said board of before sold 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. -3~_ • ~- • ~- See. 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 a ointed b the mayors the qual cat ons o mom ors= t e stagger ng o terms to insure board continuity= the method-ef -f ####ng-veEenefes=-the-method-ef-remote#t 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. * ,r (e) Task forces or committees. The commission may by resolution egpe~nt create task farces or committees to serve as advisory or. recommendatory agents to the board ar 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 Mia~ai" {hereinafter sometimes called the "off-street parking board" or the "board') which shall consist of five members. Bach 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 abilityt but not officer or employee of the city shall serve as a ®ember of the board while employed as such officer or employee of the city. 1-TT4BWBY'S NOTSs subject to results of proposed expansion of board from five to seven members at special municipal election held ~ioveaber 6, 1984. -3S- Within 30 days after the city commission shall have adapted an ordinance declaring the need for the department and for the board, the eeta~n4ss#en m_a~or shall appoint the members of the board, two of whom s~iall 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 eetnr~#se#en __ma~~or__. In the event that any appoint- ment so made shal~not be confirmed by the ees+~n#se~#en ma~o~r within 10 days after notice of such appointment a5 s Veen served upon the __m__ay_oyu~~r ee~+#ss#en, the appoint- ment shall be null and void, and the remaining members of the board shall make a new appointment likewise subject to confirmation by the eenunissien m~~a__yy__o__r__. 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 $5U per annum or such Iarger sum as the commission may establish by ordinance. Any member of the board may be removed by the eetem#se#en mayor • fet geeei sasses and a#ter proper heex#ng~ * r r~ * * ~ ie) 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 S10,000 per annum. Before assuming office, the director shall take the oath and execute the band 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 profes8ion. 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 -36- the board ma or and commission monthly report with respect to t e operation, maintenance, an8 financial condition of the off-street parkingt 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. ~ ~ ~ * * ~ Sec. 31. Conduct of city business; compensation, duties, and oaths of officers and employees. ~ * ~ * +r (d) Compensation of officers and employees. ghe eex+m#sa#en-ehei#-f #x-bY-eed#nanee-the-ee~+penset#en-ef the-a#ty-managerT-a#tY-atternerT-end-a#tY-a#erk: The oftY-meneger ma~~o,,~~r shal l fix the number and salaries or compensation o~aZT 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 a#tY-s-anager m~a ,o~r 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 treasv,ry. Sec. 32. Continuity. .r ~- * ~ (b) Present officers and powers. All persons holding office in or employed by the city at the time this charter goes into effect shall continue in such office or employment and in the performance of their duties until provisions shall have been otherwise made fn accordance with the provisions of this charter for the performance or discontinuance of the duties of any such office or employment, When such provisions are madeL the term of any such officer shall expire, and the office shall be abolished. The powers which are conferred and the duties which are imposes upon any officer, board, commission, or department of the city under the laws of the state, shall, if such officer, board, commission, or department if abolished by this charter, be thereafter exercised and discharged by the officer, board, or department upon whom are imposed corresponding functions, duties, and powers under the provisions of this charter. • ~ t * * *~ -37- £* __ - l # " Section 3. The provisions of Section 2 of this ordinance shall only become operative if proposed Charter Ataehdment No. 1 shall have been approved by the City of Miami electorate at a Special Municipal Election on September 4, 1984. Upon such approval by the electorate, the provisions of Section 1 of this ordinance shall be void and shall have no force or effect. Section 4. All ordinances or parts of ordinances in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 5. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. PASSED ON FIRST READING BY TITLE ONLY this day of 1984. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of 1984. M A Y•O R ATTEST: PREPARED AIdD APPROVED BYs vZt~- ~ `; DSPIiTY CITY ATTORNSX ABPJ~K?V TQ D CORRECTNSS8 s . CITX ATTORl16Y 38 CITV OF MIA Mi. M'1.ORlDA ItdTER•OFFlCE MEMORA~lDtJM T° the Honors and I.:. f~'iv ~~ ~~F~. gust 30, 1984 F-LE• Melnbera t City ommissio~- • 5L79JECT Proposed charter amend- `, .~ ment ~~ ~~~ , Char•ae in form of F"O""' Cie A. ughert REFERENCES 9 overnment ity Attorney ENCLOSURES '2 Attached you will find an outline of the proposed Executive Mayor ordinance which has been previously forwarded to your office. By way of reference, I am also attaching a copy of my prr.vious memorandum which sets forth significant portions of the proposed ordinance. LAD/mm Attachment cc: Howard V. Gary City Manager Ralph G. Ongie , City Clerk _ ~6,4 q' and ®aturing than 25 years at lawful ata payable from valore® taxes? «...~~- .... . -...,.,r.~ in not leas with intersat tutory raga, unli®ited ad PAGE 7 To The Honor Members 9 F110M ~Cia A. DSugher ity Attorney • CITY OF MIAMI. l-Lti!lfbA INTEROFFICE MEMORANDUM nd ~~ F~^, °:;E,p gust 30, 1984 F"~~ ommission Su9JECT Proposed charter emend- `' ~ ment ,~ Char~ae in form of pEFE~+EN~-.ES government ENClOSU RES 2 Attached you will find an outline of the proposed Executive Mayor ordinance which has been previously forwarded to your office. By way of reference, I am also attaching a copy of my previous memorandum which sets forth significant portions of the proposed ordinance. LADImm Attachment cc: Noward V. Gary City Manager . Ralph G. Ongie City Clerk _ _. ~~~~ Q~ z ~ ~ of the Office of said Supervisor of Elections and duly certify the sass for delivery to and use by the election officials designated to serve at the respective polling places in acid election precincts. Section 6. RALPH G. ONGIE, the City Clerk of the City of Miami, Florida, is hereby designated and appointed as the official representative of the Commission of the City of Miami, in all tranaaetiona with the Supervisor of Elections of Dade County in relation to matters pertaining to the use of the registration books and the holding of said special municipal election. Section 7. The official ballot to be used at said election shall be to full compliance with the laws of the State of Florida with respect to absentee ballots and to the use of the Computer Election System (CES), and shall be in substantially the following form, to wit: OFFICIAL BALLOT SPECIAL MUNICIPAL ELECTION TUESDAY, NOVEMBER 6, 1984 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING aUESTION: ORDINANCE AUTHORIZING ISSUANCE OF ;45,000,000 GENERAL OBLIGATION BONDS FOR CI?Y OF MIAMI HOUSING AND REDEVELOPMENT FOR BONDS AGAIN3? BONDS: Shall the City of Miami, Florida, issue bonds in an aggregate principal amount not exceeding =Y5,000,000 under Ordinance/ to pay for housing and re'~'e'velopment activities within pertain areas of Little Havana, Liberty City and Southeast Overtown/Park Yeat at one time or from time to time •nd maturing in not less than 25 years with interest at lawful statutory rates, payable Prom unlimited ad valorem taxes? P1-GE ? , Section $. Electors desiring to vote for the bonds, in approval of said Question described above, shall be instructed to punch straight down with Lhe stylus through the hole ntxt to the word "FOR" within the ballat frame containing the statement relating to said Question. Electors desiring to vats against the bonds, in disapproval of said Question, shall be instructed to punch straight dOMn with the stylus through the hole next to the word "AGAINST" within the ballot frame containing the statement relating to said Question. Section 9. The City Clerk shall cause to be prepared absentee ballots containing the Question set forth in Section 7 above for the use of absent electors entitled to cast such ballots in said election. Section 10. This ordinance shall go into effect immediately upon its passage and shall not be subject to the right of referendum as an ardinar~ce. PASSED ON FIRST READING BY TITLE ONLY this day of September, 1984. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 1984. ATTEST: PREPARED AND APPROYED BY: • DEPUTY CITY ATTORNEY AFPROYED AS TO FORM AND CORRECTNESS: clTx ATTORNEY PACE $ i .._ ,, ExECUTIVE MAYOR ORDINANCE OUTIINE Proposed Charter Amendment Nv. 2 Referendum, November 6, 1984 Section 1 (Not applicable to Ordinance No. 9861 -- Revised Charter) PAGE Sec. 4 -Form of government ............................. 2 (e) General description .......................... 2 (b) Election of commission and mayor :............ 3 terms of office; recall; districts and at large groups. (1) Districts ........................... 3 (2) At-large stoups; mayor .............. 3 (3) berms of office, resignation, and... 3 recall {c) Boundaries committee ......................... 5 (d) Qualifications of commission ................. b (e) Commission to be judge of its own election... b (f) Ratifications of officers by commission;..... 6 rules of commission; quorum. (q) Meetings of commission; farm of, manner of,.. 7 passage and publication of ordinances. (h) Powers and dUtles of mayor ................... 8 (i) Chairman of commission; service status....... 9 (j) Salaries of commission and chief executive... 4 officer. (k) Qualifications and duties of chief executive. 10 officer (ceo) Sec. 13-B - Election when terms of four or more......... 10 commissioners expire simultaneously. Sec. i5 - City manager...appaintment; qualification;.... 1Q term; salary; sickness or absence; removal. Sec. 16 - City manager...Powers end duties .............. 11 Sec. 23-A,7 - Departanent of Dff-Street Parking;......... 11 Off-Street Parking board. Sec. 60 - Civil service .......... ....................... 14 Sec. 88 - Power to appoint boards or commissions of..,.. 14 citizens; Sec. 90 - Caa+peneation of officers end es+ployeea........ 14 Section 1-A Sec. 1-A - Statement of legislative intent :..............14 substituting "Mayor" for references to "City Manager", including Sections 52, 53, 54, 55, and b5. ~~ EXECUTIVE MAYOR ORDINANCE OUTLINE (cont'd) Section 2 (Applicable to Ordinance No. 9861 -- Revised Charter) Sec. 4 - Form of government ............................. 1b (e) General description .......................... 16 (b) Rules of commission; 2imftation quorum....... 16 (c) Meetings of commission ...... ................. 16 {d) Salaries of mayor, commission end chief...... 17 executive officer. (e} Ordinances and resolutions; voting........... 17 (f) Election of officers by commission........... 18 (gT Chairman of commission ....................... 18 Sec. 7 - Mayor; composition of commission; resignation.. i8 (a) Seats and terms ..... ......................... 18 Sec. 10 - Election of commissioner and mayor districts.. 19 (a) Election of commission and mayor; terms vf... 20 office; recall; districts and at-large groups 1. 2. 3. 4. (b) Form of (c) Vote re Districts ............................ 20 At-large groups; mayor ............... 20 Terms of office and recall........... 20 Baundaries committee......... ...... Z1 (Composition, staff, change.) bal.lots .............................. 22 giaired ................................ 22 * r « Sec. 11 - Filling of vacancies .......................... 22 Sac. 12 - Commission may investigate official trans-.... 22 action, acts, and conduct. Sec. 13 - Mayor, chief executive officer; powers and.... 24 duties. Sec. 1@ - Departments of the city; boards ............... 25 Sec. 15 - Qirectars and departments ..................... 25 Sec. 16 - Deperta~ent of Law.... ......................... 25 Sac. 17 - Finance, Department of Finance ................ 25 Sec. 18 - Chief procurement officer ..................... 28 Sac. 19 - Contracts for personal property, public or.... 28 iarprovea~ents, unified development pra~ecta and real property; safeguards. Sec. 25 - Civil service ................................. 33 Sec. 27 - City Planning end Zoning Board ................ 35 Sec. 29 - Depart~aent of Off-Street Parking; Off-Street.. 35 Parking Board. Sec. 31 - Conduct of city business; compensation........ 37 duties, and oaths of officers and ea~ployeea. Sac. 32 - Continuity .................................... 37 -Page 2- CITY Of MIAMI, i•'t,ORtbA INTER-OFFICE MEMQitAhIDUM ns The Honorable Mayor and Members oP the City Commission sROM Lucia A, Dougherty City Attorney a~TE Auqust 28, 1984 ~"~~~ ~ullJECT Proposed charter amend- ment Change in forty of REFERENCES government ENCIOfUREf At the meeting of July 31, 1984, Resolution No. 84-929 was adapted instructing the City Attorney to draft en ordinance dealing with a charter amendment to creatt an executive mayor-manager form of city government. You indicated that the proposed change in the form of government was not to become effective until 1987 end a preliminary draft of such an ordinance was then approved on first readinv at the same meeting. Subsequently, we have prepared a final draft which is attached for your consideration. This ordinance fa scheduled for first reading at a special meeting on September 5, 1984 at 1Os00 e.m. and a second and final hearing on September 6, 1984 et 10s00 s.m. Prior to those meetinos we will prepare and forward an index for the ordinance text which has been drafted so es to be compatible wikh the existing charter, as well as the proposed charter revision which is being submitted to the electorate et e on September 4, 1984 referendum. The attached proposed charter amendment. ordinance creates an executive mayor form of government. The highlights of the ordinance are as follows: 1. Commencing in November, 1987 the commission is expanded to nine members; five elected from districts for two-year terms and four elected et large for four-year staggered terms; a boundaries committee will be established in January, 1986 to establish the initial districts; 2. The Mayor appoints the Chief Executive Officer, City Attorney, City Clerk, and all boards end eoassittass subject to rrtification by the commission. The Mayor is peraitted to camove at will any ouch officer. The Msyor is further permitted to appoint, rel~ove, and set the salaries of •12 other department hoods •nd city officers except as provided in number 7 below; 3. The Mayor has the right to veto any ordinances passed by the nine-atember commission. In the event of such a veto, the Mayor must return the ordinance within forty-five days to th• Cosltmission which stay override such veto by a 2/3 vote or :ix mesbars; _.. .. -._ .~'_~j~ The Honorable Mayor and -Page 2- August 2B, 19$4 Members of the City Commission 4. The Mayor has all executive and administrative powers and duties but may delegate some such duties to the Chief Executive Officer who shell be qualified by a minimum of five years of high level government management experience or equivalent private sector experience. the Chief Executive Officer shall be the Mayor's principal assistant and shall ba charged with the day to day operations of the city; 5. The Mayor shall have the obligation to prepare a proposed budget which may be overridden by a 2/~ affirmative vote; 6. The at-large Commissioners may declare immediately after the election whether they shall serve es full-time {40 hours per week) or part-time commissioners and shall be paid accordingly; 7. The salary of the Mayor msy not exceed 100X of that paid to the Manager of Metropolitan Dade County or the equivalent successnr officer. The salary of the Chairman of the Commission, who shall serve on a full-time basis, shell be 60X of the Mayor's salary. The Chief Executive Officer's salary shell not exceed that of the Mayor. The salaries of the other members of of the Commission shell be specified by the Commission but shall not exceed that of the Chairman. The at-large Commissioners who choose to serve on a pert-time basis shall receive 20X of the salary of that paid to the full-time Commissioners. A copy of this ordinance has been previously provided to the City Clerk. LAD/mm Enclosure cc: Howard Y. Gary City Manager Ralph G. Ongie City Clerk t, ..~