HomeMy WebLinkAboutlegal opinionCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MORANDUM
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TO: Pamela E. Burns 1 • ssistant 'ity Clerk
FROM: Jorge L. Fernanit - • ttorneyg-1'
DATE: August 22, 20
RE: Miami Sports and 1 , velopment Authority - Elector Requirements
Matter ID No.: 06-1489
You have asked whether the members of the Miami Sports and Exhibition
Authority (MSEA) must meet certain elector requirements. The answer is in the
affirmative.
Section 2-1013(b) of the City of Miami Code (the "Code") requires members of the
MSEA board to be duly qualified electors of Miami -Dade County. This specific Code
provision takes priority over the general provision 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 specifically provided in the Charter
or the Code. "[Emphasis added].
You have also asked whether the elector requirements for MSEA board members
may be waived by the City Commission. The answer is no, under the present Code.
Neither the specific Code provisions applicable to MSEA, 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 MSEA, 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 MSEA board
must be modified to address specific applicant qualifications. To the extent the MSEA
board has applications for membership, such applications must include all information
necessary to determine applicants' compliance with all membership qualifications.