HomeMy WebLinkAboutR-83-1011r.
J-83- c1 Gi
10/�7/33
RESOLU"i I ION NO. 8 3`"1011
A RESOLUTION, FOLL01?INS A HEARING A��
AU`I`HORIZED BY SECTION 14 OF THE CITY CHARTER,
FINDING THAT RICAR.I)n J. RE,CHANI, A CANnIDATE:
FOR THE OFFICE' OF CI'['Y IN GR()UP
II, DOE'S NOT MEET THE RFQUIREEn QIJALIFICA`1'IONQ,
OF AN ELECTOR Of THE CITY OF NIJA�1I FL,OPIDA;
FURTHER DIRECTING THE; CITY CLERK TO REFRAIN
FPOM PLACING RICARDO J. PFChANI'`; NACiF ON THE:
PALLOT FOR SUCH OF FICF IN, THE E,LE;CTION OF
NOVEMBFR 8, 1983, OR, IF HIS NAPIE: ALPFAnY
APPEARS ON THE BALLOT TO TAFF THE NFCESSARY
ACTIONS TO RFMOVF SAID NAMF FROM THE BALLOT,
OR TO LOCK THE KEY FOP THAT NAME OR OTHERWISE
TO DELETE THE NAME OF SAID CANDIDATE, SO AS TO
PREVENT A VOTF. 9EING CAST FOR :AID
UNQUALIFIED CANDIDATE; FOR TEiE: OFFICE OF CITY
COMMISSIONER.
BF, IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAP1I,
FLORIDA:
Section 1. Pursuant to Section 14 of the City Charter,
the City Commission has duly investigated the residency of
Ricardo J. Rechani, a candidate for City Commissioner in Group
II.
Section 2. Eased upon the evidence presented at the
hearing the City Commission hereby finis that Ricardo J. Rechani
does not meet the qualifications of an elector of the City of
Miami, Florida anti is therefore hereby found to be an unqualified
candidate for the office of City Commission, Group II.
Section 3. The City Clerk is hereby directed to refrain
from placing
Ricardo J.
Rechani's name on the ballot
for
such
office in the
election
of November
8, 1983, or, if
his
name
already appears
on the
ballot to
take thenecessary actions
to
remove said name from the
ballot or
to lock the key for
that
name
or otherwise
to delete
the name
of said candidate
so as to
prevent a vote
being cast
for said
unqualified candidat<,
for
the
office of City
Commissioner.
Section 4. The opinion of the City Attorney contained in
the attached memorandum dated October 27, 1983, supportinq the
jurisdiction and authority of the City Commission to take this
CITY COMMISSION
ME rTIN",33 C,F
OCT N71983
83-1011
BCtion is incorporate) herein anti made a part hereof:.
,_ ~
PA SED AND ADOPTFI'~ this •_- ~ ~ ~ t~ayl. of ~•~ ~ ~ ~ 983.
_----f---1 - --•~f--- - - -
-. / ~ ~
' I ( '' /
/ P•1A'~FtICF A. F'FRRI~,, P-Iayor
ATTEST:
., ~ ~,
.r= ! ~"'
.~ _____~
RAUPH G. OIVGIF
City Clerk
PREPAP 1, AI~U APPROVED I3Y:
ROBERT F. CLARK
Deputy City Attorney
APPROVED AS TO FORM T'~ND CCRRECT~E'SS:
J SE R. GARCIA-PEf~ROFA
~ty Attorney
"rtFC/pb
-2-
s3-a~o~,1
CITY OF MIAMI, FLORfDA
INTER-OFFICE MEMORANDUM
To: The Honorable 1`laurice A. Ferre r,atE October 27 , 1983 BILE
Mayor
SU9:E~- Ricardo J Rechani
Qualification for Office
Fao~, Jose R. Garcia-Pedrosa
City Attorney r
~e FERE': --ES
E4~. t.OSL4ES
This memorandum confirms my advice regarding the captioned
matter. Specifically, you asked whether the challenge to
Mr. Rechani's qualifications for the office of city commis-
sioner was properly before the Commission at its October 27
1983, meeting.
Said challenge was made pursuant to the provisions of City
Code §16-17. On October 25, 1983, the Commission passed a
Resolution, copy of which is attached, scheduling a hearing
on the challenge for October 27, 1983, at 9:00 a.m. The
Commission also authorized the issuance of a subpoena, copy
of which is attached.
At the October 27 hearing, the Commission had before it the
attached memorandum from the City Manager, the attached Affi-
davit of Sergeant Theodore Seaman, and a telegram to me from
The Florida Bar, copy of which telegram is also attached.
In addition, Sgt. Seaman personally appeared before the
Commission, again swore to the contents of his attached Affi-
davit, and answered questions from the Commission.
You asked whether, under those circumstances and considering
the contents of the attached documents, the matter was properly
before the Commission. I answered in the affirmative and now
confirm that advice.
JGP:sd
cc: Honorable Members of the City Commission (with attachments)
Howard V. Gary, City Manager (with attachments)
Ralph G. Ongie, City Clerk (with attachments)
`33-1011
J-83-970
10/25/83
rr/0-5
RESOLUTION N0. Sa3"~:~~1~
A RESOLUTION SETTING OCTOBER 27, 1983 AT
9:00 A.M. Itv THE CITY COMMISSION
CHAMBERS, CITY HALL, 3500 PAN AMERICAN
DRIVE, MIAMI, FLORIDA, AS THE DATE, TIME
AND PLACE OF A HEARING BEFORE THE CITY
COMMISSION TO INVESTIGATE THE RESIDENCY
OF RICARDO J. RECHANI, A CANDIDATE FOR
CITY COMMISSION IN GROUP II, PURSUANT TO
SECTION 14 OF THE CITY CHARTER; FURTHER
AUTHORIZING THE ISSUANCE OF A WITNESS
SUBPOENA DUCES TECUM TO BE SERVED UPON
SAID RICARDO J. RECHANI REQUIRING HIS
ATTENDANCE AT SAID HEARING; ALSO
DIRECTING THE CITY CLERK TO CAUSE NOTICE
OF THE HEREIN RESOLUTION TO BE GIVEN TO
SAID RICARDO J. RECHANI AS SOON AS
PRACTICABLE.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Pursuant to Section 14 of the City Charter,
a hearing shall be held at 9:00 A.M., October 27, 1983, in
the ('hampers of the City Commission, City Hall, 3500 Pan
American Drive, Miami, Florida, to investigate the residency
of Ricardo J. Rechani, a candidate for City Commission in
Group II, pursuant to Section 14 of the City Charter.
Section 2. Issuance and service of a witness subpoena
duces teeum upon said Ricardo J. Rechani requiring his
attendance at said hearing is hereby authorized.
Section 3. The City Clerk is hereby directed to cause
notice of the herein resolution to be given to said Ricardo
J. Rechani as soon as practicable.
PASSED AND ADOPTED this 25 day of October , 1983.
Maurice A. Ferre
M A Y O R
~3-1011'
CITY" CO:~ZI~lISSION
MEETING OF
CESQLUiiO~P fJo. _~~
~fiE~V1ARKS.
..,,
PREPARED AND APPROVED BY: ,
BE F. K
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
~7-lj~i~~~ ~~ D~e~
E R - EDR
CITY ATTORNEY
-2-
B3-1011'
83--981.
STATE OF FLORIDA )
COUNTY OF DADS ,
CITY OF MIAMI )
Z, RALPH G. ONGIE, Clerk of the City of Miami,
Florida, do hereby certify that the attached and foregoing
pages numbered 1 to z inclusive, contain a true and
correct copy of a resolution adopted by the Commission of
the City of Miami, Florida at a meeting held on the 25th
day of October 19 s3.
SAID RESOLUTION WAS DESIGNATED RESOLUTION N0.83-981
WITNESS MY HAND and the Official Seal of the City
of Miami, Florida, this 27th day of October 1983 .
RALPH G. ONGIE
CITY CLERK
l4FFICIAI. SEAL)
~'~=LCD
BY : - ' ~~
eputy ty r
~3-141~.~
w~.~; , ,.. ..
BEFORE THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA
IN RE: RESIDENCY OF
RICARDO J. RECHANI
WITNESS SUBPOENA DUCES TECUM
T0: RICARDO J. RECHANI
444 Brickell Avenue Plaza 51-139
Miami, Florida 33131
TO ALL AND SINGULAR THE POLICE OFFICERS OF THE CITY OF MIAMI:
GREETINGS: YOU ARE HEREBY COMMANDED to summon the above
witness to be and appear before the Commission of the City of
Miami, Florida in the Chambers of the City Commission, City Hall,
3500 Pan American Drive, Miami, Florida on October 27, 1983 at
9:00 o'clock A.M. and to bring with you all papers, materials,
and documents bearing upon your residency as of the date of
September 23, 1983, and all times thereafter, to testify and the
;.r;:t;. to speak in behalf of the City of Miami in a certain matter
before said City Commission pending and undetermined, wherein you
have filed as a candidate for election to the Miami City Commission
Group II, and this you shall in no wi mit.
YOR, CITY OF MIAMI, DADE COUNTY
FLORIDA
WITNESS MY HAND AND SEAL THIS 25th DAY OF OCTOBER, 1983.
SERVED on this day of 1983.
CHIEF OF POLICE
CITY OF MIAMI, FLORIDA
BY:
POLICE OFFICER
ORIGINAL OF THIS RETURN TO
BE RETURNED TO CITY CLERK.
II.s-101
-y _.. '.tl.::,. -~ .RID:.
The Honorable Mayor and
Members of the Citv Commission
October 27, 1983 ~---
. Attempted Subpoena Service
of Ricardo J. Rechani
Howard V. Gary '
City Manager '
. ~: _
The Commission issued a 1L'itness Subpoena Ducus Tecum regarding the residency
of Il1r. Ricardo J. Rechani, candidate for election to the Miami City Commission
Group II.
On October 25, 1983, I directed the Police Department to investigate this matter
and serve 11r. Rechani with a ~?'fitness Subpoena. The Police Department was
unable to serve the subpoena. The following is an outline of the Police
nepartment's efforts.
1. Officers attempted to contact Mr. Rechani at his listed address, 444 Brickell
Avenue, Suite 51-139. This address was a commercial mail drop, and not the
residence of ~~lr. Rechani. The mail drop had been closed on October 12,
1983, with no forwarding information provided.
2. A residential address of 2612 San Domingo Street, Coral Gables was located.
Attempts to contact ti1r. Rechani at this address were unsuccessful. !11ai1
delivered to this address for ti4r. Rechani has been returned as undeliverable.
A neighborhood canvass failed to reveal any information on Mr. Rechani's
whereabouts.
3. A check of the Dade County tax rolls failed to show any property owned by
~1r. Rechani.
k. A check of the utility companies failed to show any residence for Mr.
Rechani.
5. A driver's license check failed to show that Mr. Rechani is a licensed driver
in the State of f=lorida. However, a vehicle is registered to Mr. Rechani at
2612 San Domino Street, Coral Gables.
6. A check of the voter rolls revealed that Mr. Rechani is a registed voter. He
listed his address as the mail drop at 444 Rrickell Avenue.
7. !11r. Rechani gave his occupation as an attorney but a check of the Florida
Isar failed to locate Mr. Rechani as an attorney admitted to the Florida Bar.
f33-1011
Rechani's stepson, Reynaldo Castellanos. was contacted. He stated that
foes not have any idea where !1r. Rechani lives and that the last contact
had with Vlr. Rechani was a telephone call last week. ~1r. Castellanos
:ed that his mother is married to ~~r. Rechani but he does not have any
wledge of her whereabouts.
attached for your examination a sworn affidavit from the police
for who pursued this matter.
X33-1011
~.._„_~
AFFIDAVIT OF THEODORE SEA~1A;~'
State of Florida )
County of Dade)
SS:
BEFORE ME, the undersigned authority, personally appeared Thoedore
Seaman who after being first duly sworn, deposes and states as follows:
1) ~ I am employed by the City of iliiami, and have so been employed at all
times material hereto, as a sergeant of police, assigned to the Internal Security
Unit.
2) On October 25, 1983 I was assigned to locate and serve a witness
subpoena on Ricardo J. Rechani at his residence address of 444 8rickel! Avenue.
51-I39. Miami, Florida.
3) I took the following steps to locate !14r. Ricaddo J. Rechani in an effort
to serve him with a witness subpoena.
a. I attempted to contact Mr. Rechani at his address of 444 Brickell. This
address was a commercial mail drop and not the residence of Mr.
Rechani. This mail drop had been closed on October 12, 1983 with no
forwarding information provided.
b. A residential address of 2612 San Domingo Street, Coral Gables was
obtained through a name check with the State of Florida Department
of Motor Vehicles. Attempts to contact il1r. Rechani at this address
were negative. Mail delivered to this address for Mr. Rechani has
been returned as undeliverable. A neighborhood canvass failed to
reveal any information on Mr. Rechani's whereabouts.
c. A check of the Dade Colunty Tax Rolls failed to show any property
owned by Mr. Rechani.
d. A check of the utility companies failed to show any residence for Mr.
Rechani.
e. A driver's license check failed to show that Mr. Rechani is a licensed
driver in the State of Florida, even though a vehicle was found to be
registered to Mr. Rechani at 2612 San Domingo Street, Coral Gables,
as mentioned above.
f. A check of the voter rolls revealed that Mr. Rechani is a registered
voter and listed his address at the mail drop at 444 Brickell Avenue.
133-1011
• i ~
g. ~1r. Rechani gave his occupation as an attorney but a check of the
Florida Bar failed to locate 'llr. Rechani as an attorney admitted to
the Florida gar.
h. ~1r. Rechani's stepson Reynaldo Castellanos ~-as contacted. He stated
that he does not have any idea where 1-1 r. Rechani lives and that the
last contact he had with ~~r. Rechani u~as a telephone call last week.
11r. Castellanos further stated that his mother is married to ;~Ir.
Rechani but he does not have any knowledge of her present
whereabouts.
4) As of the time of making this Affidavit. i have been unable to determine
a residence address or place of employment for ~1r. Richardo J. Rechani in the
City of tiliami or serve him with the witness subpoena.
FURTHER. AFFIANT SAYETH NOT.
.~
~ ~ ~:
-T E-ODORS . ES~?l4AN
S1~'ORU TO A~II~ SUBSCRIFIED
before me this 26th day of
October, 1953.
'' ~ ~ '~ _ ~
Notarv Public
~.4y Commission Expires:
p.p1:,~.Y PI;EI~~ STnTE OF FLO,.IUA
~:,~ CG;r,~:.,5~1::N t~PI~iS C~Ci 30 iSob
5:.c,LEJ ~r+ti.+ ~Er.E~I !!;~U~IvCE Ur~D
83-1011
.~~
~~..:~;~ w,:~
44~a~..
•
M ABO$6 t 1446) t 1~014l84 A2!!) ~D 10/26/83 14461y93 OCT 26 PH 4= 12
ICS IrM1Ml.AJ MGY
01541 10-26 02441 CDT MLAC
ICS IrMM AO!
4-038464S2!! 10/26/3
ICS IM+IMTZZ CSP~
!042225 26 Cu.~,,FCT DM T TALLAHASSEE FL 24 10-26 023 4 t EST
lt1S JOSE R GAR A-PEDROSA, CITY ATTORNEYS OFFICE, DLR
16! EAST FLAGLER ST ROOM I lOl ~ ~~~ ~~ ~•~d -'~~~~3~ ~'~ ~7~~'l~
MIAMI FL 33131 ~!/~' ~~
THE RECORDS OF THE FLORIDA BAR REFLECT TNAT RICARD• J. REGNANT IS
N~YI AND HAS NEVER BEEN A MEMBER 1F THE FLORIDA 8AR
VIRGINIA NARDIS~N
MflMBERSHIt RECORDS THE FLORIDA 8AR
a wi..a.n~in...+a.
'"" ' "' •°°''£ FL 32301
w.u tto~•~ n+se~
~.
~.`t
i
~~.98
NOT I~
~ ~
7
I
X33-1011