HomeMy WebLinkAboutlegal opinionCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
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TO: Pamela E. Bu '� Assistant 'fty Clerk
FROM: Jorge L. Ferna• it Attorney
DATE: August 22,
RE: Orange Bowl Ad,issry Board Elector Requirements
Matter ID No.: 06-1489
You have asked whether the members of the Orange Bowl Advisory Board must meet
certain elector requirements. The answer is in the affirmative.
Section 53-123 of the City of Miami Code (the "Code") requires those members of the
()range Bowl Advisory Board who are appointed by the Mayor and the Commissioners to be
duly qualified electors of the City of Miami. This specific Code provision takes priority over the
general provisions governing membership in City boards found under Section 2-884 of the Code.
Code Section 2-884 specifically provides that it applies to all members of city boards "unless
otherwise .specifcally provided in the Charter or the Code. "[Emphasis added].
You have also asked whether the elector requirements for Orange Bowl Advisory Board
members may he waived by the City Commission. The answer is no, under the present Code.
Neither the specific Code provisions applicable to the Orange Bowl Advisory Board, nor
the general Code provisions applicable to all boards, provide for a waiver of the elector
requirement. The City Commission may amend the specific Code provisions applicable to the
Orange Bow] Advisory Board, or the general Code provisions applicable to all boards, to provide
a mechanism for the waiver of elector requirements, if it so wishes.
Lastly, you have inquired whether applications for membership in the Orange Bowl
Advisory Board must be modified to address specific applicant qualifications. To the extent the
Orange Bowl Advisory Board has applications for membership, such applications must include
all information necessary to determine applicants' compliance with all membership
qualifications.
cc
Pedro G. Hernandez, City Manager
Priscilla A. Thompson, City Clerk