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Home My WebLink AboutCC 2024-01-11 Veto Legislation MemoCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Honorable Members of the City Commission FR Todd City Clerk DATE: SUBJECT : REFERENCES: ENCLOSURES: December 24, 2023 FILE : Mayoral VETO of Resolution R-23-0525 adopted at the December 14, 2023 City Commission Meeting (1) I am in receipt of a mayoral veto (received on Sunday, December 24, 2023, at 12:35 p.m.) pertaining to Resolution R-23-0525 that was passed at the December 14, 2023 City Commission Meeting involving the following item: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. R-23-0271, PROVIDING AN AMENDMENT TO THE NEW JURISDICTIONAL BOUNDARIES OF THE CITY COMMISSION DISTRICTS FOLLOWING THE RESULTS OF THE 2020 UNITED STATES CENSUS; OFFICIALLY DELINEATING THE BOUNDARIES OF EACH DISTRICT AS SET FORTH IN "COMPOSITE EXHIBIT 1," ATTACHED AND INCORPORATED, TO BE EFFECTIVE UPON ADOPTION. Pursuant to City Charter Section 4(g)(5), the City Commission may, at its next regularly scheduled or special meeting after the veto occurs, override the veto by a four -fifths (4/5ths) vote of the City Commissioners present, notwithstanding any provisions to the contrary contained in the Charter and City Code. For your information, the next regularly scheduled meeting of the City Commission will occur on January 11, 2024. If you have any questions regarding this information, please do not hesitate to contact me. C: Francis X. Suarez, Honorable Mayor Arthur Noriega, V, City Manager Victoria Mendez, City Attorney FRANCIS SUAREZ MAYOR TO: Miami, F FROM: Miami. Florida Date: December 24, 2023 (City of Alianti, Office of the Mayor imL Florida Veto and Veto Message Honorable Members of the Miami City Commission Mayor Francis X. Suarez 3500 PAN AMERICAN DRIVE MIAMI. FLORIDA 33133 (305) 250-5300 FAX (305) 854-4001 4 Pursuant to the authority vested in me under the provisions of Section 4(g)(5) of the Charter of the City of Miami, Florida, 1 hereby veto: Resolution (R-23-0525) / File Number 15172 Veto Message: There have been recent claims of corruption and calls for strict adherence to the law. In accordance with My oath to uphold the law and to ensure its continued strict interpretation, 1 hereby submit this veto. On March 24, 2022, the Miami City Commission (the "Commission") adopted Resolution R-22- 0131, also known as, the "March 2022 Map", which included Commissioner Gabela's residence. A subsequent lawsuit challenged the district boundaries set forth in that map on December 15, 2022.' Per judicial decree on May 23, 2023, the Commission was ordelTed to draw a new district map. On June 14, 2023, the Miami City Commission adopted Resolution R-23-0271, also known as the "June 2023 Map", which did not include Commission Gabela's residence and was adopted prior to the July 1, 2023 effective date of Florida Statute 166.0321, which governs the division of municipalities into districts. On this matter, Florida Statute 166.0321 clearly stipulates in its entirety: "Each municipality shall, from time to time, fix the boundaries of its districts so as to keep them as nearly equal in proportion to their respective populations as practicable, provided that such changes may not bc made in the 270 days before a regular general election for the governing body of the municipality. Districts may not be drawn with the intent to favor or disfavor a candidate for member of the governing body or an incumbent member of the governing body based on the candidate's or incumbent's residential address. Any ordinance enacted or adopted by a municipality on or after July 1, 2023, which is in conflict with this section is void." (Fla. Stat. 166.0321) [Underlined} I Grace, Inc., et al. V . City of Miami, (S.D. Fla., Case No. 1:22-cv-20466-KMM) The final two sentences are clear and incontrovertible: not only must there be no attempt to favor or disfavor any candidate based on the candidate's or incumbent's residential address in drawing boundaries but also, no ordinance enacted or adopted by a municipality on or after the effective date of July 1, 2023, can do so, and any such ordinance that seeks to conflict with this Florida statute is void. Subsequent to the effective date of Florida Statute 166.0321, Commissioner Gabela presented this resolution to the Miami City Commission on December 14, 2023, with a district map that only included his home. At the same Miami City Commission meeting, the original map was then substituted by Commissioner Gabela with a new map, where he added three additional neighbors.2 During the course of the Miami City Commission meeting on December 14, 2023, Commissioner Gabela clearly and consistently communicated his intent and purpose in garnering support for passage of this resolution despite the legal remedies already available to him, which may comply with Florida law.3 While I may personally sympathize with his arguments and with the impact of this veto on him and his family over the holiday season, Florida state law is clear and definitive. The action taken by the Commission appears to conflict directly with Florida Statute 166.0321. In addition, it is clear from his remarks made during the Special City Commission Meeting on December 11, 2023, that Commissioner Gabela was previously utilizing the property as an investment property and if permitted to move back into his former home, he would then presumably rent out his current residence.' This action could result in Commissioner Gabela voting on a matter that would inure to his specific pecuniary gain. In order to address that conflict or the appearance of impropriety, it appears that recusal is required. Florida state law explicitly forbids what this Miami City Commission resolution seeks to do. This resolution is void under Florida law and it exposes the City of Miami to further unnecessary litigation, which would not advance the best interests of the City of Miami or its residents, as Commissioner Gabela has rightfully stated. l 1. LE In upholding Florida state law and deterring any further attempts to circumvent it, I submit this veto. 4.1 Respectfully submit t d Francis . Suarez Mayor The City of Miami 2 Gabela, Miguel. Memorandum on the Substitution of RE. 10 on the December 14, 2023 Miami City Commission Meeting Amend — Resolution No. R-23-0271. City of Miami Inter -Office Memorandum — FILE No. 15172; December 11, 2023. 3 The City of Miami, City Commission Meeting - December 14, 2023; City Commission Meeting Minutes 2:03:10 - 3:23:45; https://www.youtube.comiwatchN=DMXp88i4qk4. 4 The City of Miami, City Commission Special Meeting - December 11, 2023; City Commission Meeting Minutes 56:30 - 3:49:05; https://www.voutube.com/watch?v--oD22DEIVIAL Page 2