HomeMy WebLinkAboutBack-Up from Law DeptSec. 4. - Form of government; nomination and election.
(a) General description. The form of government of the City of Miami, Florida, provided for under this
Charter shall be known as the "mayor -city commissioner plan," and the city commission shall
consist of five citizens, who are qualified voters of the city and who shall be elected from districts
in the manner hereinafter provided. The city commission shall constitute the governing body with
powers (as hereinafter provided) to pass ordinances adopt regulations and exercise all powers
conferred upon the city except as hereinafter provided. The mayor shall exercise all powers
conferred herein and shall appoint as provided in section 4(g)(6) of this Charter a chief
administrative officer to be known as the "city manager."
(b) Election of mayor and city commission; terms of office; recall. There shall be elected by the
qualified electors of the city at large a mayor who shall be a qualified elector residing within the
city at least one (1) year before qualifying and must maintain a residence in the city for the
duration of his or her term. The mayor shall not serve as a member of the city commission.
The city commission shall consist of five members who shall be elected from districts within the
city, numbered 1 through 5. All persons desiring to run for the office of city commissioner shall
file in the district, numbered 1 through 5, for which they are qualified as provided in subsection
(c) of this section of the Charter. City commissioners in districts numbered 3 and 5 shall be
elected at the general municipal election or runoff election to be held in the year 2001 and at the
general municipal election or runoff election each four years thereafter. City commissioners in
districts numbered 1, 2, and 4 shall be elected at the general municipal election or runoff election
to be held in the year 2003 and at the general municipal election or runoff election each four
years thereafter.
The mayor shall be elected at large by the electors of the city and shall hold office for a term of
four years.
The mayor and all city commissioners [are] to hold office from twelve o'clock noon five days after
the canvass of the vote by the supervisor of elections and the declaration of the result of either 1)
the general municipal election or 2) runoff election and until their successors are elected and
qualified. Commencing with the election to be held in November 2001, and all elections
subsequent thereto, no mayor or city commissioner elected and qualified for two consecutive full
terms shall be eligible for reelection in the next succeeding term. The mayor and all other
members of the city commission shall be subject to recall. Vacancies shall be filled as provided in
section 12[.] of the.
If a candidate for office of mayor or city commissioner receives a majority of votes in the general
municipal election for that office, the candidate shall be considered elected upon and after the
canvass of the vote and the declaration of the result of the election as provided. If no candidate
receives a majority of the votes for that office, the two candidates for the respective office who
received the greatest number of votes for that office in the general municipal election shall be
placed on the ballot at the runoff election. The candidate receiving the greatest number of votes
in the runoff election, shall be considered elected to the office for which the candidate has
qualified.
(c) Qualifications of mayor and city commission; mayor, city commissioners, and other officers and
employees not to be interested in contracts, etc.; franks, free tickets, passes or service.
Candidates for mayor shall be residents of the city for at least one (1) year prior to qualifying and
shall be electors therein. Further, candidates for the city commission shall have resided within the
district at least one (1) year before qualifying and be electors in that district, and shall maintain
residence in that district for the duration of their term of office. The mayor, city commissioners,
and other officers and employees shall not be interested in the profits or emoluments of any
contract, job, work or service for the municipality. The mayor or any city commissioner who shall
cease to possess any of the qualifications herein required shall forthwith forfeit his or her office,
and any such contract in which any member is or may become interested may be declared void
by the city commission.
No mayor, city 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 police or fire
personnel in uniform or wearing their official badges, where same is provided by ordinance.
(d) City commission to be judge of its own elections; neither mayor nor city commission nor any
committees nor members thereof to dictate appointments by or interfere with city manager. The
city commission shall be the judge of the election and qualifications of the mayor and its own
members, subject to review by the courts. Neither the mayor nor the city commission, nor any
committees nor members thereof shall direct, request, take part in or dictate the appointment or
removal of any person in office or employment by the city manager or subordinates or in any
manner interfere with the city manager or prevent the city manager from exercising his/her own
judgment in the appointment of officers and employees in the administrative service. Except for
the purpose of inquiry and as may be necessary as provided in section 14, the mayor, the city
commission, any committees and members thereof shall deal with the administrative service
solely through the city manager, and neither the mayor nor the city commission, nor any
committees nor members thereof shall give orders to any of the subordinates of the city
manager, city attorney, city clerk and independent auditor general, either publicly or privately.
Any such dictation, prevention, orders or other interference or violation of this section on the part
of the mayor or a member of the city commission or committees shall be deemed to be violation
of the Charter, and upon conviction before a court of competent jurisdiction any individual so convicted
shall be subject to a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term of not
exceeding sixty days or both, and in the discretion of the court shall forfeit his or her office. Any willful
violation of the provisions to this section by the mayor or any city commissioner shall be grounds for his or
her removal from office by an action brought in the Circuit Court by the state attorney of this county.
(e) Election of officers by city commission; rules of city commission; quorum. The city commission
shall elect a city clerk and a city attorney. No member of the city commission or the mayor shall
be chosen as city manager or as a member of the civil service board or appointed to any other
city office or employment. The city commission may determine its own rules of procedure, may
punish its own members for misconduct and may compel attendance of members. A majority of
all the members of the city commission shall constitute a quorum to do business, but a smaller
number may adjourn from time to time.
(f) Meetings of city commission; ordinance to be read by title only. At twelve o'clock noon on the day
the mayor or city commissioners take office, they shall meet at the city hall. Thereafter, the city
commission shall meet at such time and place as may be prescribed by ordinance or resolution.
The meetings of the city commission and all sessions of committees of the city commission shall
be public. Ordinances shall be read by title only. No member shall be excused from voting except
on matters involving the consideration of his or her own official conduct, or where his or her
financial interests are involved.
(g) Powers and duties of mayor. The mayor shall serve as the chief executive officer and head of the
city government with the following specific powers and duties:
(1) The mayor shall be the presiding officer of the city commission with the authority to designate
another member of the city commission to serve as presiding officer.
(2) The mayor shall be recognized as the official head of the city for all ceremonial purposes, by
the courts for the purpose of serving civil process, and by the governor for military purposes.
(3) In time of public danger or emergency, the mayor may declare a state of emergency as
provided in state law and may with the consent of the city commission, take command of the
police and maintain order and enforce the laws.
(4) During the temporary absence or disability, the mayor shall appoint a member of the city
commission to perform the duties of the mayor. However, in the event that the mayor does
not or is unable to make such designation, the city commission shall designate a member of
the city commission to perform the duties of the mayor during the temporary absence or
disability of the mayor by a four -fifths vote of the city commissioners then in office.
(5) The mayor shall, within ten days of final adoption by the city commission, have veto authority
over any legislative, quasi-judicial, zoning, master plan or land use decision of the city
commission, including the budget or any particular component contained therein which was
approved by the city commission; provided, however that if any revenue item is vetoed, an expenditure
item in the same or greater dollar amount must also be vetoed. The city commission may, at its next
regularly scheduled or special meeting after the veto occurs, override that veto by a four -fifths vote of the
city commissioners present, notwithstanding any provisions to the contrary contained in the Charter and
city code. Said veto power shall include actions pursuant to sections 29-B through 29-D of the Charter.
(6) When one person succeeds another in the position of mayor, the successor shall have the
right to appoint the city manager, subject to the approval within 14 days of a majority of the
city commissioners then in office. In the event of a vacancy in the office of city manager, the
mayor shall appoint the city manager, subject to the approval within 14 days of a majority of
the city commissioners then in office. The mayor may remove the city manager subject to the
city commission's conducting a hearing within 10 days of said removal and the city
commission's overriding the mayor's action by a four -fifths vote of those city commissioners
then in office. Additionally, the city commission by a four -fifths vote of those city
commissioners then in office shall be able to remove the city manager.
(7) The mayor shall establish and appoint the members of all standing and special committees of
the city commission and the chairperson and vice -chairperson of each committee. There shall
be as many standing and special committees of the city commission as deemed necessary by
the Mayor. Standing or special committees of the city commission shall mean those
comprised of city commission members only.
(8) The mayor shall prepare and deliver a report on the state of the city to the people of the city
between November 1 and January 31 annually. Such report shall be prepared after
consultation with the city commissioners and the city manager.
(9) The mayor shall prepare and deliver a budgetary address annually to the people of the city
between July 1 and September 30. Such report shall be prepared after consultation with the
city manager.
(h) Salaries of the mayor and commission. Effective on November 4, 2003, there shall be paid to the
city commissioners the sum of $58,200, which is equal to sixty percent of the mayor's salary in
effect on July 16, 2003. Such salary shall be paid per year for each commissioner, in twelve equal
installments. The compensation of the mayor shall be determined by the commission.
(Laws of Fla., ch. 15344(1931); Laws of Fla., ch. 23401(1945); Laws of Fla., ch. 26022(1949); Laws of Fla., ch.
31000(1955); Char. Amend. No. 2, § 1, 1-1-60; Char. Amend. No. 1, 12-1-63; Char. Amend. No. 1, 12-1-65; Ord.
No. 88-541, § 2a, 6-9-88/9-6-88; Res. No. 97-447, § 2, 7-3-97; Res. No. 99-613, § 3, 8-2-99; Res. No. 01-843, § 2,
8-9-01; Res. No. 03-918, § 3, 9-5-03)
Editor's note— Res. No. 01-843, § 2, adopted August 9, 2001, amended § 4 in its entirety to read as herein
set out. Formerly, § 4 pertained to form of government. The historical notation has been retained for
reference purposes.
Case Law reference— Officials provided for in subsection (e) shall be elected and none of them shall hold
office at the will of the city commission when elected, but the city manager when appointed shall hold office
subject to the will of the commission. State v. Bloodworth, 134 Fla. 369, 184 So. 1.
Where resolution adopted by the city commission appointing the city clerk failed to fix or state the period of
time he was to hold the said office, clerk was entitled to hold office until the next regular city election
provided for in this charter unless lawfully removed. Id. See also, State v. Bloodworth, 135 Fla. 525, 185 So.
339.
Sec. 49. Office of the City Clerk.
(a) There is established the office of the city clerk. The director of the office of the city clerk shall be the city
clerk. The city clerk shall be appointed as provided in Charter section 4(e). The city clerk shall be the
custodian of the seal of the city.
(b) The office of the city clerk shall have the following duties:
(1)
Prepare and distribute notice of all public meetings as required by law and the minutes of such
meetings;
(2) Be custodian of inactive, archived and vital records of the city and maintain a records management
system;
(3) Conduct, supervise and certify all city elections;
(4) Be custodian of all legislation, lobbyist registration, contracts and bids;
(5) Perform such other duties as required in this Charter or as directed by the city commission.
(Res. No. 01-843, § 2, 8-9-01)
(Supp. No. 17, Update 1)
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