HomeMy WebLinkAboutR-79-03283
RESOLUTION NO.
A RESOLUTION APPROVING THE ATTACHED GUIDELINES FOR CITIZEN
PARTICIPATION IN THE COMMUNITY IMPROVEMENT PROCESS IN THE
CITY'S COMMUNITY DEVELOPMENT TARGET AREAS AND AUTHORIZING
THE CITY MANAGER TO DISTRIBUTE; AND DISSEMINATE': THESE
GUIDELINES.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The attached guidelines' for citizen participation
in the community improvement process in the City's Community Development
Target Areas, are hereby approved and the City Manager is authorized to,
distribute and disseminate
these guidelines.'
PASSED AND ADOPTED this 22 day of Mav —
1979..
Maurice A.-.Ferre
MAURICE A. FERRE
MAYOR
ATTEST:
RALPH • ONG!E, CITY CLERK
PREPARED AND APPROVED BY:
APPROVED AS TO CORRECTNESS AND FORM:.
GEO' GE
KNOX, JR.
CI
RNEY
"DOCUMES4
ITEM NO.
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DOCUMENTS
FC SLOW
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CITY COMMISSION
MEETING OF
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"SUPPORTIVE
DOCUMENTS
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GUIDELINES FOR COMMUNITY: DEVELOPMENT ADVISORY BOARDS
IN THE CITY OF MIAMI
Tiie federal regulations governing the Community Development Block
Grant Program require the' establishment of a system through which community
residents can participate in the planning, implementation and evaluation of
Block Grant'. funded activities.
In order to maximize the opportunity for resident participation in
the community development decision making process, the City of Miami; has
established a formal citizen participation system which will be employed
in the City's Community Development Target Areas.
SECTION II
COMMUNITY DEVELOPMENT ADVISORY BOARDS;
In each of the City's eight Community Development Target Areas (see•
attached Target Area maps) Community Development Advisory Boards will be
established. The Community Development Advisory Boards will be responsible
for advising the Miami City Commission on needs and improven'ent priorities
in the Target Areas, including recommendations for, the expenditure of
Community Development: "13lock Grant funds to meet 1`arq('l Arr'a inprovvnnient
needs.
SECTION III
FUNCTIONS OF COMMUNITY DEVELOPMENT ADVISORY BOARDS
The Community Development Advisory Boards will be responsible for
providing a leadership role ineliciting Target Area -wide resident parti=
cipation in the community improvement decision making process including:
A. Promoting interest in community improvement in the Target Areas.
6. Providing residents with an. opportunity. to discuss community
concerns and related issues.
Providing an.opportunty for community residents to identify
community needs.
Facilitating two-way communication with government representatives
and target area residents, and assisting government in communicating
its program services and benefits to target area residents.
Recommending priorities for community improvements.
Reviewing the progress of :community improvement activities.
Conducting public meetings. "SUPPORTIVE
DOCUMENTS
FOLLOW"
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SECTION IV
RESPONSIBILITIES OF THE BOARD
A. In pursuing objeci:ives indicated in Section III, the Board, with
the assistance of City staff, shall:
1) Hold meetings at a date, time and facility,that will allow
maximum citizen participation.
2) Assist in providing sufficient notice of meetings and agenda
items to community residents.
Conduct "open" meetings which provide residents the opportunity
to voice their ,opinions, prior to the Board taking official
•
action.
4) Review and take official action on Committee reports.
) Make every effort to address and resolve target area concerns
prior to being referred to the City Comtnission. Only matters
approved by the majority vote of the members present shall be
referred to the Commission. Minority points of view shall
documented as well. •
. Participate in program planning, monitoring at -id evaluation. In
Performance of this duty the Board will..
1) Provide an opportunity for residents to identify needs and
concerns.
) Elicit the recommendation f program priorities for the .
community.
Recognizetne general framework and time frame established
by the appropriate departnients for tht!prepara t. i ori of
specific plans and proposals.
Recommend priorities.
Review progress reports on act.ivil.ies wit.liin I.hc target ar.r,it.
SECTION V
BOARD ELECTIONS
A. A fifteen (15) member Board shall be elected on a target area -wide
• basis by qualified target area residents, as defined in Paragraph F
(Qual ificat.ions ) .
. The Board shall have three officer's: diSUPPOR11VE
Chairperson DOCUMENTS
- Vice Chait'persoti 1\
officers shall be selected by a cumulativeine
Secretary
iF:)mle:l:N1 7
TheC. vote h:!:
candidate
receiving the highest tally of votes shall serve as Chairperson; the candidate receiving the second highest tally of votes
shall serve as the Vice Chairperson, and thecatididate receiving the
third highest tally of votes shall serve as the Secretary. The
candidates receiving the fourth through fifteenth highest tally of
votes shall serve as Board members at large.
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• In the case of a tie, the newly elected Board members shall, by
closed ballot, vote in order to break the tie.
• The elected Board officers shall not serve consecutive terms o
1.1.1 cJ)
1� w
CC. W0 F.
0�j
(L0O
Cn
office. However, elected Board members may be elected to serve
consecutive terms as members of the Board. Officers elected
during the first election, which is a one year term, may be
elected for one additional term of office. Henceforth, the :term
of office shall be two (2) years.
DUTIES OF THE: OFFICERS .
DUTIES OF CHAIRPERSON: The Chairperson will preside at all Board
meetings. He/she will provide the committees the opportunity to
present their recommendations to the membership for action. He/
she will reflect action approved by the fiill membership rather
than action of individual members. He/she will assist the staff
in the presentation of agendas.
DUTIES OF VICE CHAIRPERSON: The Vice Chairperson will, in the
absence of the Chairperson, become Acting Chairperson of the Board
with the rights, privileges, and powers. In case of resignation
of the Chairperson, the Vice Chairperson will assume the office of
the Chairperson.
DUTIES OF SECRETARY: The Secretary will be responsible for main •
taining all minutes and other records of the Board. In the absence
of the Clialrl)er iO!l' and Vice (.halrper5on, I.hv Socr'1!tary wI I I' i)!...nlll!
the duties of Chairperson. If the Vice Chairpersonship is vacated,
the Secretary shall assume those duties.
QUALIFICATIONS: Each voter and each candidate for election to the
Board must be 18 years or older, and must reside, or own residential
or commercial property, or own and. operate 'a business. in the target
area (see glossary for definitions). In no case will any indivi-
dual be a member of more han one Board or 'vote<in more than one
Board election. (Operators)of non-profit organizations not funded
by Community` Development funds and located in a Target Area shall
he eligible voters and/or candidates.
Proof of qualifications as an eligible voter may be a voter s
registration card, 'driver's license, or any reasonable. written
proof of his/her identity and place of. residence. Deeds, mortgages
or Homestead Exemption receipts will serve as proof of ownership of
property within the community. Proof of business ownership and
Operation will be City of Miami occupational licenses and partnership
agreements or articles of incorporation. City employees (other than
from Citizen Services Department or those whose salaries are paid
either part.ially or entirely with Community Developments funds) may
vote only in those target areas in which they reside. Any individual'
of a non-profit organization that is funded either partially or
entirely by Commodity Development Block Grant funds will be restricted.
from participating as either a voter or Board members..
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SECTION VI
NOMINATION PROCEDURE
Registration to vote in the Board election willbe held for three (3)
weeks with flexible hours to allow all persons to register, after which
registration will be closed.
he time and place of atarget area -wide (as set forth in Section III
nomination meeting will be set by the City of Miami Citizen Services
Department. Nomination meetings will be widely publicized two weeks in
advance. The nomination meeting will precede the elections by a period riot:
to exceed twenty one (21) days. The exact day and place of, the election will
be determined by City staff. No fewer than thirty (30) qualified voters must
be present at the nomination meeting.
T
The nominations will be considered closed at the end of the meeting.
No individual can be;a nominee in more than one Community Development
Target Area. <<
SUrP
Qf?TIVE
SECTION VII D OC
Elections °will be held .within the period not to exceed twenty one (21)
daysfollowing the nominating meeting. Voting will be by secret ballot and
will be supervised by the Dade County Elections Department and the Community
Action Agency (CAA)
Voting by proxy or, absentee ballot will not be permitted. The election
will be widely publicized in the community and in various media. The election
procedures and schedule will be posted in public and prominent places in the
target areas, no less than two weeks prior to the scheduled date of the election.
`s
LEGTION PROCEDURES LJ M EN TS
The registration supervisor may reserve the right to request additional
verification of voter qualification.
All persons nominated will be registered and qualified voters in the
target area and will be present atthe nomination meeting. Nominations can
be made by the person himself/herself or by any other person, qualified to
vote.
In the event, for some reasonable cause, a potential nominee cannot be
present at the nomination meeting, he/she can be considered for nomination
if he/she notifies the Director of Citizen Services, inwritinn, at 'least'
five 0) wui•k liui day., I►r for 1.n I Iiv movi; Irt'l of I Iuo r ow.iPII for
his/her absence.
Each nominee or his/her designee will be afforded an opportunity to
make a statement not to exceed two minutes to launch his/her candidacy.
The candidates will bear the responsibility for conduct of their campaigns.
Staff will be restricted to publicizing pertinent election information.
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Ballots, and election notices will be multilingual, and appropriate inter-
preters will be present at all elections if there is a substantial number of
non-English speaking residents.
A uniform ballot will be prepared prior to the election listing all
candidates in alphabetical order, Qualified voters will, 'be given ballots
on which they can cast up to fifteen (15) votes for up to fifteen (15)
different candidates. The voter will then place his/her ballot in a sealed
ballot. box.
At the close of the polls, the seals on the ballot boxes will be opened
•
and the ballots tabulated to determine winners of the elections by Electioris
Department Officials. Then, the ballot boxes will be resealed and taken
directly to the appropriate City of Miami or designated office for security.
The candidates, their representatives, and the public may witness the
unsealing of the ballot boxes and the tally of the ballots at the election
site.
Subsequently, the winners will be officially announced and press releases
will be prepared and distributedannouncing the election results.
No individual shall be eligible to vote in more than one Community
Development Target Area election.
Within ten (10) Working days after 't:hr, election, the (hard will Inert, to
establish a regular meeting time and place.
SECTION VIII
VACANCIES
A vacancy on the Board will b
conditions
A. Absence from two (2) meetings per year
illness.
B. Recall or removal for conflict of interest (Section IX and ..X).
•
C. In the case of resignation, a written letterof resignation will,
be addressed to the Secretary of the Board with a copy to the
Chairperson and the Director of the Citizen Services Department.
D. Non-compliance with eligibility criteria. under Section V-F, at•
time of nomination or during term of office.
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e determined to exist under the following
for reasons other than
When, for any reason, a rion-officer vacancy occurs on the Board, the
City of Miami Commission will appoint a new Board member to serve the.,
remainder of the term.
When, forany reason, a Board officer vacancy occurs, the Board itself
shall elect a replacement from the Board membership.
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If any member is absent for two consecutive meetings, the Secretary
will notify the individual in writing that he/she has ten (10) days in which
to provide justification acceptable (certification of illness) to the Board
for the absence. The lack of a response or unacceptable justification will
automatically terminate the member's term.
SECTION IX
RULES GOVERNING CONFLICT OF INTEREST AND NEPOTISM
A Board member who has a'financial interest or who will benefit finan
cially'either directly or indirectly as a result of action before the Board
will make known that interest and shall refrain from voting upon or otherwise
participating in such action.
NEPOTISM
A Board member who has a member of his/her immediate fainily.whowill
benefit financially either directly or indirectly as a result of action before
the 'Board will make known that relationship and: will refrain from voting or
otherwise participating in such action. For the purpose of this section, a
member of an immediate family will include any of the following:
Wife, Husband
Father, Father -in -Law°
Mother, Mother -in -Law
Brother, Brother -in -Law
Sister, Sister -in -Laws.
Son, Son -in -Law
Daughter, Daughter -in -Law
Step Son/Daughter
Willful violation of these guidelines will constitute malfeasance and
may be grounds for recall.
SECTION X
PETITION FOR RECALL'
"SUPPORTIVE
DOCUMENTS
FOLLOW
A petitioner for recall must file with City Manager's Office or his
Designee an intent to initiate a recall petition alleging any members of
the Board with. malfeasance orconduct not in the best interest of the Board
or conduct that prevents or impedes the programprogress in the community.
The petitioner will have thirty (30) days from the filing date to '.
submit to tlie City Manager's Office or Designee the signature ofat least
fifteen percent (15%) of the residents from the petitioner's target area
that meets the voting qualificationsdefined within Section V-F.
All petitions for recall and all conflict of interest allegations will
be submitted in writing to the City Manager's Office or. Designee witha
copy to the Board members. The City of Miami Manager's Office or Designee
will review the allegations and if warranted, schedule a formal hearing no
later than four weeks following the, receipt of the petition(s). The City
Manager's Office, or Designee will convene a five -member.' ad hoc hearing,
committee to review the allegations.
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Al the conclusion of the hearing, the Nearing Committee will determine
the validity of the allegations and report its recommendations to the City
Manager's Office, or Designee, for appropriate action.
No Board member, as an individual, wild have the authority to change
actions as voted upon by the Board as a whole; all recommendations submitted
will reflect the vote of the majority as well as all minority point(s).of
The quorum required for any meeting of the Board shall be fifty (50)
percent of the niembersh•ip.plus one. ;In the absence of a quorum, the meeting
may be rescheduled arid held within ten (10) working days.
If after two consecutive meetings a quorum has not been attained, the
quorum regulation above shall be waived and those Board members present shall
constitute ;a quorum and can act upon the matters before the Board and will
report its action to the Board at the next regularly scheduled meeting.
A.
VOTING
Meetings of the Board will be convened at least quarterly.
Meetings will be held at a day, time and place to be decided by
the a f3oard mc,m1)ers' and the Staff.
All meetings will be open to the public. Int.erested part: ies will
be given ample opportunity to express their ,opirtion(s) prior to
the Board voting.
Meeting notices will be sent to Board members a
days in advance of the scheduled meeting.
All Board meetings will be publicized throughout the Target Area.
Information on issues requiring action will be made available to
the Board members at a reasonable time prior to the meeting for
consideration.
. •Summaries of proceedings of all Board meetings will be prepared by
City staff and copies' shall be distributed to all I3oard members and
members of the City Commission as soon after such meeting as practical.
Any Board member may vote on any issue unless there exists a conflict
of interest as defined in Section IX.
Each Board member will have one vote. Voting by proxy or
will not be permitted.
absentee
ballot
Providing a quorum is present, as defined in this Section, a simple
majority of those voting will be sufficient to take action on any matter.
"SUPPORTIVE
DOCUMENTS
FOLLOW"
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ORDER OF BUSINESS
The order of
business for Board meetings may constitute the following:
1'. Acceptance of Agenda
2. Minutes of Preceding Meeting
. Ports of Committees
4. Reports of Officers
�. Reports of Staff
G • Unfinished Business
7`. New Business
B. Announcements
9. Adjournment
and shall include the opportunity for the public
prior to the Board taking official action.
PARLIAMENTARY PROCEDURES
The rules contained in Robert's Rules of Order, Revisedwill govern .the.
Board in all cases in which they are applicable, and in which they are not
inconsistent with the Guidelines/By-Laws or the special rules of order of the
Board. City staff will ensure that these procedures/rules are adhered to.
present their comments
SECTION XII
SPECIAL- MEETING
n Special meeting may be held under the following conditions:
11. t•Jhrrrr r.4I1l1",i0(I a rollulilt; uuooI iu1t""I)y ,i ur,i,if)ri1.y vi,t(I'_
the members` present.
When called by the City of Miami Citizen Services Department.
`SUPPORTIVE
SECTION )(III DOCUMENTS
COMMITTEES.
FOLLOW„
The Board can establish Committees whose members consis of qualified
target area residents (as stated in Section V-F), as it deems necessary,
and appropriate. The Board shall elect the Committee(s) Chairperson from
the Board's membership.
:Upon the establishment of a Great Neighborhood Program"within a Target
Area, the Board shall recogn"ize the Great Neighborhood Program's Board of
Directors as afunctioning committee ,of the Community Development Advisory
Board.
The
A.
D.
will be:
duties of these Committees)
To articulate issues, define problems and needs of, the community
which have been identified at community meetings, or other sources.
To study and propose alternative solutions for those needs and
and problems.
To develop programmatic objectives
or issues.
To recommend priorities to the Board.
. To recommend action to the Board on proposed programs.
F. to review Community Development activity reports as requested b 9 3 2 8
the Board. - 8 -
in relation to those problems
SECTION XIV.
THE RELATIONSHIP OF BOARD
Board membersare encouraged to become acquainted with staff members
and their duties, to be knowledgeable of the existing programs and problems
which may have an impact upon the community; they:represen'l.
Board mernbers participate in the activities and functions of the
community on a volunteer basis. Upon written request, Board members will
be provided with a statement of their volunteer time.
The Board will function in an advisory capacity. The operation/
administration of program and projects, and staff will he the responsibility
of the City administration.'
The administration will identify to the Board and to each Committee the
staff mernber(s) who will carry primary responsibility for staff support, as
well as the secondary staff member(s) who will be available when needed.
Staff is responsible for the dissemination of accurate program information.
With the exception of those employed by the City of Miami. Citizen Services
Department, City of Miami employees may participate in. the Board as qualified
voting members and may hold office provided they meet the qualification set
forth in Section V-F. Any persons whose income is wholly or partially
suprinrt:ed by the Cit:,y of Miami Comm ity'Dove 1flown-it ;131ock Grant mon'irr, will
t.u, cons 1dered itie IIciiI)Ie nrlil therefore be prof) i1)iied'Irum par tir,ipii1rig .
All proposed amendments to these guidelines should be submitted to the
City Manager's Office, or Designee for consideration. Within a reasonable
time, the originator shall receive a'written response to the proposed
amendment from theCity of. Miami.
"SUPPORTIVE
DOCUMMENiS
FOLLOW"
BUSINESS OWNER AND OPERATOR: An individual in whose name a business is
registered and who is the principal operator/manager of said business at
the address indicated on the occupational license; or a partner in a business
who is a principal operator/manager of the business at the address indicated
(in
the occupational 'license and. partnership reflected in the agreement; or
an individual(s) who has financial interest in a corporation and is the
principal operator/manager of said corporation as reflected in the 'articles
of incorporation and at the address indicated on the occupational license.
--CITIZEN PARTICIPATION: That process by which individuals and groups involve
•.themselves to fulfil-1 common needs and to accomplish particular goals through;
meaningful input •
into the�governmentalpTanninq process.
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COMMUNITY WIDE MEETING: A well publicized community meeting intended to
serve as focal point for the discussion of community problems and needs.
PROGRAM PLANNING: That process by which citizens are involved "in identifying
community needs, establishing priorities and developing program and project
plans.
PUBLIC HEARING: : A formal meeting conducted by the City at whichcommunity
residents may voice concerns, issues pertaining to community activities.`
QUALIFIED VOTER: A person qualified to vote because Iie or she: is 10 years
of age, resides,' owns and operates, a`business,or owns residential or
commercial",property in the Target Area. An operator of a private, non-profit
agency, located within and serving a Target Area, but whose personnel or
agency is not supported by Community Development Block Grant funds shall`be
eligible to vote, except on those items involving social;service-funding,.
which may be considered a conflict of interest.
STAFF:, Employee of Metropolitan Dade County, City of Miami participating
municipalities, and subcontractors there under.
COMMITTEE:; A working committee whose purpose it is to advise in greater
detail a community priority.
COMMUNITY DEVELOPMENT ADVISORY BOARD.(BOARD): ' A group recognized,' by the
City Commission` as representing a Commur►ity Development Target Area.
"SUPPORTIVE.
DOCUMENTS
FOLLOW
79-328
TO:
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Joseph R. Grassie
City Manager
Dena Spillman, Director
Citizen Services Department
FILE:
SUBJECT:
May 15, 1979
Citizen Participation Guidelines for
Community Developmeflt Target Areas
it Ftra"CC" City Commission', Agenda
May 22, 1979
0n April 30, 1979, the City Commission approved Resolution 79-317, which
provides general guidelines for citizen participation in the community
improvement process in the City's Community Development Target Areas.
The attached guidelines have been prepared incorporating the items in the
above Resolution.
However, it is recommended that the guidelines be slightly modified to allow
operators of non-profit agencies not funded with Community Development funds,
that provide services and are located in a Community Development Target Area,
to vote and serve on the Target Area Boards. The Resolution passed on
April 30, 1979, would not allow this to happen.
Additionally, it is recommended that the joint Community Action Agency-
Comrnunity Development Board in the Coconut Grove Target Area be excluded
from this process since residents have expressed satisfaction with this
system and it has been working successfully for several years. Coconut
Grove residents are in agreement with this proposal.
Commission approval of the guidelines is requested.
DS:vp
Enc.
"SUPPORTIVE
DOCtI\ ENTS
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CULMER`COMMUNITY DEVELOPMENT TASK FORCE.
Recommendations
WANTS: Same as is, OPEN FORUM
improving the present system
Chairperson
2) Vice -Chairperson,
3) Secretary
REASON: The community feels that the OPEN FORUM would
provide more Citizen Participation and Citizen
input.'
ALTERNATIVE:
The group decided if there must
member Board, the Board will hold
"SUPPORTIVE
SUPPORTIVE
DOCUMENTS
FOLLOW"
be a fifteen (15)
OPEN
FORUMS to
solicit Community input and/or recommendations,
and that the recommendations be taken into consi-
deration.
A f e.i'
does not comply with
vote.r's right to vote, he must inform
visor of. E
. Each watcher shall be a qualified and registered elector in
the election in which he serves. No candidate or member of
his irunediate family, to include parents, brothers, sisters,
spouse, or children, may be designated as a pollwatcher.
3. The purpose of a pollwatcher is to observe
the election. If a pollwa.tcher sees ordelines, hears anything that or wishes to challenge a
these gt12 the clerk, who is the Super-
lections' representative in the polling p
COMMUNITY DEVELOPMENT ADVISORY BOARD
ELECTION GUIDELINES
CANDIDATES: POLLWATCHERS
I. CANDIDATE' S NAME BALLOT
The Supervisor of Elections shall print on the ballots to be used
in the election the names of candidates who have been nominated and who
have not withdrawn. The names of the candidates for the respec-
tive offices shall be arranged alphabetically by surname. Can-
didates may use a nickname such as William "Bill" Jones, but may
not use a title, examples of which are Rev., Dr., or Mrs.
II. WHEN NAME'S NOT TO BE PRINTED ON BALLOT
No candidate's name shall be printed on the ha/2ot if such can-
didate has notified the Executive Director of the Dade County
Community Action Agency in writing, under oath, on or before the
14th day before the election, that he will not accept the office.
No candidate will be allowed to have his name withdrawn from the
ballot after the 14th day before an election. The name of a can-
didate, whose death occurs after the 14th day before the elec-
tion, shall be stricken from the ballot with a rubber stamp or by
any other appropriate means.
1.. Each candidate may have one watcher in each polling place at
any one time during the election. Each candidate requesting
to have pollwatchers shall designate, in writing, pollwatchers
for each precinct and shall submit the list of watchers to the
clerk of each precinct between 7:30 a.m. and 8:00 a.m. on the day
of the election. If a candidate submits the names of more than
one watcher for any precinct, the list shall also contain the
time periods in which each watcher is to be present in the poll-
ing place.
lace..
4. pollwatchers are not to speak to any pollworkers or any elec-
tor, with"two exceptions: D'DORTIVE
DOCUMENTS
FOLLOW"
7 9 - 3 2 8
a. When en(1ng the polling place, the wat ?.r is to give
his nami. to the clerk.
To challenge an elector's right to vote, the watcher
shall inform the clerk and ask for the "Oath of Person
Entering Challenge of Elector" form which must be filled
out.
5. Pollwatchers are not allowed to be directly, in front ofthe
registration and check -in tables orin the area of the vot.4
•
ing booths at any time.
(,. Pollwatchers are not allowed to wearor display any campaign
paraphernelia.
TV. CANDIDATE AND POLLWATCHER BRIEFING
day not more than,14 days prior to the electiontday,
1. the
any Action Agency or his
the.;. -Executive :Director :.of the_ Community;
representative, in conjunction with the Elections Department, shall
�� Each
conduct a briefing for all;candidates
dletter'atdleastr48ohoursCprior to
candidate shall be notified by
the briefing, of the time and place.
2.The purpose of the briefing is toanswer any questions which
the candidates or their pollwatchers have regarding election
guidelines. If possible, the briefing shouldbe held in conjunc-
tion with the testing of the tabulating equipment. (See IX).
ELECTION RULES: PREPARATION
ELECTION BOARD
The inspectors shall be staff members
rs of feither the Da e County
tt.
Community Action Agency or the DadeCounty Election
The clerk shall be a Dade Countyplections Department official.
VI. FORM OF BALLOT CARDS'
The ballot cards are to besupplied by the Supervisor of Elections.
:Across the�top of the ballot stub shall be printed. the title and
date of the election. The ballot cards'shallbeprenurnbered:con-
.Official 'ballot cards shall
secutvely, beginning, with - "No. 1."
be printed in a.' number equal to 100 percent of the registered
electors'.
VIi. SAMPLEBALLOTS
Sample ballots shallbe furnishedo teachopolling
albplace.,asThe`e sam-::
ple ballots shall be in the form
appear at that polling on electiOn day and shall be open to ins-
pection by, all. electors.
VIII._:VOTING BOOTHS
There shall .be provided a minimum of one voting booth for every
250`qualified electors registered ,for that election.
IX. TESTING OF, IBULATING EQUIPMENT; NOTICE
1. On any day not more than 10 days prior to the election day,
the Supervisor of Elections shall have the automatic tabu-
lating equipment tested to ascertain that the equipment will
correctly count the votes cast for all offices.
Each candidate
shall be notified by letter at least 48 hours prior to the test
of the time and place. The Supervisor of Elections or his depu-
ty and the Executive Director of the Community Action Agency or,
his representative shall certify to the accuracy of the test.
The test shall be open to all candidates, the press, and the pub-
lic.
2 The test shall be conducted by processing a preaudited group
of ballots so punched to record a predetermined number of
voted votes for each candidate and shall include one or more bal-
lots which have votes in excess: of the number allowed by law in
order to test the abilitY of the automatic tabulating equipment
to reject such votes. The test shall be repeated immediately be-
fore the start of the official count of the ballots in the same
manner as set forth above. After completion of the count, the
test shall,' be repeated.
WRITE-INS`,
Write-in candidates or votes are not permitted in Community,Development
Advisory Board ElectiOns.
XI. ELECTIONEERING
1. The following activities are not permitted within 100 yards of
any;"polling place on the day of any election:
a. Distribution of any political or campaign material.
•
b. Solicitation of any votes, opinion, or contribution for
any purpose.
c. Solicitation of a signature on any petition.
d. The sale of any item except in an established place of
business.
Campaign material or literature shall not be posted within 100
yards of any polling Tplace.
Candidates are not permitted within 100,yards of any polling
place during the hours of voting on the day of any election r.
except for the purpose of casting their vote. However, this
provision does not apply to candidates who remain within, the;.
confinesof aprivate residence organ established place of
business failing within 100yards of a polling place.
Electors are permitted to wear campaign buttons while cast-
ing their vote.
"SUPPORTIVE
DOCUrv"ENTS
-3-
FOLLOW"
hr ELECTION DAY ACTIVITIES -ha`
XII. OPENING AND CLOSING OF POLLS
The polls shall be open at the voting place at 8:00 a.m. on the
day of the election and shall be kept open until 8:00 p.m. of.
the same day.
xrll.
PERSONS ALLOWED IN POLLING PLACES
As many electors may be admitted to vote as there are booths
available, and no person who is not in line to vote may come
within 15 feet of any polling place from the opening to the
closing of the polls, except the officially designated watchers,
the inspectors, the clerks, ul election, and the "supervisor of
elections or his deputy. However, a municipal or county police
officer may enter the polling place with permission from the
clerk or a majority of the inspectors.
XIV. PROCEDURES BEFORE THE POLLS OPEN
1. The election board shall take and sign the oath of office.
2. The ballot -box -shall. be inspected to insure. that';It .:is empty.'
and is sealed with a numbered seal. The seal number. is re-
corded on. Certificate No. 1 which is then signed by each member
of the election board.
3. The stub boxes are inspected to insure that they are empty.
The gum labels are dated and signed by each member of the
election;'board.' One sealis pasted: across, the top; of each stub
box. so that it cannot be opened ,without breaking the seals but
so as not to cover the slot into'which the:bailet stubs willsbe
inserted.
XV. INSTRUCTIONS TO ELECTORS
1. For the instruction of electors on election day, the Super-
visor of Elections shall =provide at each polling place a
model illustrating the mannerof voting. The model shall be lo-
cated at a place which voters must pass toreach the official
voting booth.
2. Before entering the voting booth, each voter shall be offer-
ed
instructions in voting by use of the instruction model,
andthe elector shall begiven ample opportunity to operate the
model by hiznselt. In instructing voters, no precinct official
may show partiality to any candidate.
XVI.="VOTING PROCEDURE.
1. The elector will be directed to the registration check -in,
table. The inspector will locate the elector's name in the
precinct register and will ask the voter'to sign his name in "
the designated space. If the elector is unable to write, he,
will sign his mark. The inspector shall compare the signature
on the precinct register with the signature on the elector's..
registration form and, if necessary, require other identifi-
XVII.
r`' su: that the person is
cation. the inspector is reasonably
entitled to -vote, he shall initial the ballot stub of the next
ballot card to be issued and enter the consecutive number print-
ed on the ballot stub on the registration card. The inspector
will then issue to the elector the ballot card and a Tecrelec-
envelope and direct him to one of the voting booths.
for shall, without leaving
the polling place, retire alone to a
voting booth and shall proceed to cast his ballot in secret.
2. After voting his ballot, the elector shall insert his ballot;
card into his secrecyenvelope, so that theattached stub
is visible, and hand it to the `insctorlathe
tbeballot
box
ox too:,
shall u_detach the stub and .return pet tectortThe
deposit in the ballot box in the. presence:` of the insp inspector.
detached stub is then inserted in the stub box, by
thePERSON DESIRING TO VOTE MAY BE CHALLENGDLLENGER TOE EXETO CUTE
OATH; OATH OF CHALLENGED ELECTOR; DETERMINATION
1. When the right to vote of any personwhodesires to vote isthechallenge„sha11
questioned by,any elector or watcher,
be reduced to writing with anoath �aasc rovidedbindthis section.
.
giving reasons for the challenge, w delivered
the. clerk or inspector. Any elector or authorized -'p
challenging an ;elector at an election shall execute the oath set
forth below:
OATH OF PERSON ENTERING CHALLENGE
State of Florida
County of Dade
�� that I am... years o1d;
I"do ,solemnly swear that my name is...;o
that my residence is on...street;:anci that I havedtreasonstos-r
be-
lieve that...is attempting to vote illegally
my beliefare set forth herein to. wit: ...•••••••••••
•••••••••••••
(Signature of p
erson challenging :voter)
Sworn and subscribed to before,me this...day of...
(Clerk of election)
2 Before a challenged; elector is permitted.to vote by any; of-
ficer or person in charge of admission to the,polling place,
his right to vote shall be determined in
shalltimmediately
visions ;of subsection 3. The c1e of`the;oath of the per-
-
deliver -to the,challenged elector a copy
son entering the challenge and shall request the challenged elec
tor to execute the_ following affidavit:
OATH OF CHALLENGED VOTER
State of Florida
County' of Dade
I' do solemnly swear that my name is..., that I am...years old;
that I' personally -made application for, registration_ and signed
"SUPPORTIVE
DOCUMENTS
FOLLOW"
328
XVIII.
my name and t:jtt I am a qualified voter in the .election for the
following reason(s):
Resident of the target area.
Address:
., Own and operate a business
Naive of Business:
��. Own Commercial. or Residential
Address:
n the target area.
property inthe target area.
(Signature of voter)
Sworn and subscribed to before me this...day of ...
(clerk of electionor inspector)
y inspectoror clerk of election may administer the oath.)
3 If thechallenged person refuses to makeand sign the affidavit,
the clerk or inspector shall refuseto allow him to vote. if
such person makesthe;affidavid, the inspectors and clerk of elec
tion shall compare the-information`in.the affidavit with that enter-
ed on the registration form, and upon such comparison of the in-
formation and his signature and the making of other evidence which
may then be offered, the clerk and inspectors shalldecide by a
majority vote whether the challenged person may vote.
ELECTORS SEEKING ASSISTANCE;PROCEDURE
1. Any elector applying tovote in any election who is unable to
read or write or who, becauseofsome physical disability, needs
assistance in voting may.. request assistance of two election :offi
cials or some other person of his own choice, who has not previous-
ly given assistance: to any other person during the election, to
assist him in casting his vote. Any such elector, before retiring
to the voting booth, may have one of the election; officials read
over to him, without suggestion or interference, the titles of the
offices to be filled and the candidates therefor. After the elector
requests the aid of the two election officials, or the personof
his choice, they shall retire to the voting booth, for the purpose
of casting the elector's vote according to the elector's choice.
2. It shall be unlawful for any person to be, in the voting booth
withany elector except as provided in. subsection1.
3. The election board shall maintain a list of persons giving
assistance to insure that no individual assists more than one
elector' during the election.;
XIX. ELECTOR, WHO SPOILS BALLOT
Any elector who shall by mistake, spoil a ballot, may returfl it to
the inspector who shall immediately detach the stub and destroy
the ballot without examination, and give the elector another ballot.;
In no case shall an elector be furnished with more than three ballots.
The inspector shall keep a record of all ballots destroyed.
XX. MARKING l:, :: NAMES THAN PERSONS TO BE ELEL D
If the elector punches more than 15 names on his ballot, the ballot
will be invalidated.
XXI. EXAMINATION OF EQUIPMENT DURING VOTING,
A member of the election board shall occasionally examine the face
of the voting booth and the ballot information to determine that
they have not been damaged or tampered with.
XXII..
CLOSING THE POLLS
1. At 8:00 p.m., an' inspector makes a public proclamation that
thepolls are closed. Those electors standing in line at 8:00
p.m.,are allowed to cast their ballot.
2. After the last elector has voted, the voting booths are dis-
assembled. All candidates, pollwatchers, and members of the
news media may enter the polling place at this time to witness
the breaking of theseal on the ballot box, the logic and accu-
racy ..
, test, and the tabulation of the voted ballots.
3. The seal on the ballot box is verified against the number en-
tered on Certificate No. 1. The seal is broken and the voted
ballots are removed.
4. The voted ballots are tallied by use of the automatic tabulat-
ing equipment.:
5. .If any ballot card is damaged or defective so that it cannot `!
properly.be counted by the automatictabulating equipment, du-
plicate copy shall be rnade of the damaged ballot card in thepre-
sence of witnesses and.substituedfor -the damaged ballot. All
duplicate ballot cards shall be clearly labeled "duplicate,"
a serial number which shall be recorded on the damaged or defec-
tive ballot card, and be counted in lieu of the damaged or de-
fective ballot. After duplicating a.ballot, the defective ballot
shall be placed in an envelope provided;; for that purpose, and the
duplicate ballot shall be tallied with the other ballots for that
precinct.
6. The number of voted ballots, taken from the tabulating equip-
ment count, is added to the number of unused and spoiled bal-
lots to ascertain whether, such number corresponds'. with the number
of ballots issued. If there is a difference, this fact shall be
noted on the Ballot Accountability Form and: signed by the precinct
clerk and two inspectors.
7..,.The results printed by the automatic tabulating equipment shall
constitute the official results of the election. Upon comple-
tion of the count, the results shall be open to the public. If
the results for any office reflect that a candidate was defeated by
one-half of a percent or less of the votes cast for a Board Member,
the Executive Director of the Community Action Agency shall order
a .recount of the votes cast with respect to such office to begin.
- 7-
"SUPPORTIVE
DOCUMENTS
FOLLOW"
►.9-
1
M EI n 1011 1111 11 1
at 10:00 a.m., Jn the day following the electic. If there is a
discrepancy between the election night results and the recount re-
sults, the recount results shall be presumed correct and such votes
shall be canvassed accordingly.
8. 'A`signed gum_ label seal shall be pasted over the slot,in"each
of the stub boxes so as to' Prevent any :more' stubs'=from being
inserted.
9. The .tabulation program,test" deck, voted ;ballot cards, spoil
ed.ballot cards, and the result' shall be sealed in a storage
container and are retained, by tbe.City of Miami Citizen Services
Department or other 3esignated''City,Department.
10. Each member' of the election board shall then sign•Certificate
No. 2.
ELECTION PROTEST, CERTIFICATION
XXIII. PROTEST OF ELECTION RETURNS
Any candidate or elector qualified to vote in the election shall
havethe right to protest the' results as being erroneous by
fill-
ing with the Executive Director of the Community Action'>Agency a
sworn, written protest within five days of midnight of the date
the election is held.
XXIV. ELECTION CERTIFICATION
The, Executive Director of the CommunityAction Agency shall certi-
fy the results of the election .between the 6th and ; 8th `day; follow-
ingthe date of the election. Prior, tocertifying the results, the
Executive. Director of the Community Action Agency shall have review--.-
ed all letters of protest, investigated the allegations, and, taken the
action deemed necessary.
ELECTION VIOLATIONS; FLORIDA STATUTES, CHAPTER 104
XXV. FALSE SWEARING
Whoeverwillfully swearsor affirms falsely to any oath or affirma
tion, or willfully. procures another.pe.rson to swear or affirm false-
ly to an oath or affirmation, in connection with or arising out; of
voting, registratiofl, or elections shall be In"violation ofSection
204.011, Florida Statutes.
CONSIDERATION FOR REGISTRATION
Any person who gives anything of value that .is redeemable in cash
to;any;person;in consideration for his' becoming a registered voter.
shall be in violation of Section 104.012, Florida Statutes. This
section shall not be interpreted, however, to include such services
as transportation tothe place of registration or babysitting in
connection with the absence of an elector from home for registering.
XXVI.
•
•
' XXVII. FRAUD IN CONNECTION WITH CASTING VOTE
Any person perpetrating or attempting to perpetrate or aid in the
perpetration of any fraud. in connection with any vote cast, to be
cast, or attempted to be cast, shall be in violation of Section
104.041, FloridaStatutes.
XXVIII. CORRUPTLY INFLUENCING VOTING
1` Whoever, by bribery, menace, threat, or other corruption what- uence,
or indirectly attempts to infl
saever,<either, directly ,
deceive, or deter anyhim
.` elector in voting at any election nowwith'tha
in the; free exercise of his right to vote;at any
be in violation of Section 104.061, Florida Statutes.
2 Whoevershall directly or indirectlb give
ebur hromiseaanything
g
of value to another, intending t y
vote or to corruptly influence him or another in casting his vote,
shall be in violation of Section 104.061, Florida
Sttoatutes.be How
w-
ever ,, this shall not apply to the serving
at a political rally or. meeting
XXIX
.
VOTING FRAUDULENT BALLOT
Any elector who knowingly
bal/ot, orany 'person who
a fraudulent ballot shall.
Florida Statutes.
XXX. CASTING MORE
Whoever willfully votes morethan one ballot at any election shall
be in violation of Section 104.18, Florida Statutes.
XXXI. DISTRIBUTION OF LITERATURE AGAINST A CANDIDATE ON ELECTION, LAY
It shall be a violation. of Section 104.15, FloridadStatute toes,for
any candidate or other person to;distribute
dis-
tributed on ,the, day of any
election any pictUres, cards, litera-
ture, or other writing against any candidate.
votes or attempts to vote a fraudulent
knowingly °solicits .or --attempts, to vote
be in violation of Section 104.16,
xxxII.
THAN ONE
BALLOT AT ANY ELECTION
SOLICITATION NEAR POLLING PLACES
Any person who, withifl 100 yards of any polling place on the day
of.any election, distributes:or attempts, to, distribute any pa-.
litical or campaign material,, solicits.' or attempts toos,liccept,.
cit
any:' vote,' opinion, or, contribution' for; any petition,
in an established place;of business, sells or attempts to sell any
item shall be in violation'of Section 104.36, Florida Statutes.
328