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CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jorge L. Fernandez, City Attorney
DATE: July 17, 2007
RE: Proposed Ordinance- August 1, 2007, City Commission Meeting
Amending Chapter 16, entitled "Elections," to reflect the correct section
of the City Charter regarding elections and to revise the candidate's affidavit.
(File 07-00779)
The proposed second reading ordinance presented for your consideration at the August
1, 2007, City Commission meeting revises Section 16-6, of the City Code to reflect the correct
section of the City Charter regarding City elections, revise the language contained in the
affidavit of candidates by incorporating state statutory requirements, and establish City policy
pertaining to City employees who seek election to public office, as follows:
(i) City employees are required to attest that he/she (is) (is not) seeking to
qualify for a public office which is currently held by an officer who has
authority to appoint, employ, promote, or otherwise supervise him/her
and who has qualified as a candidate for reelection to that office.
(ii) City employee (other than city manager, city attorney, independent
auditor general or city clerk), is required to attest to the fact that he or
she shall take a leave of absence, without pay, from his/her employment
during the period in which aifiant is seeking election to public office.
(iii) City employee must take such leave of absence upon which ever of the
following occurs first:
(a) at the time such employee receives contributions or makes
expenditures, or gives his or her consent for any other person to receive
contributions or make expenditures, with a view to bringing about his or
her nomination or election to public office; or
(b) at the time such employee appoints a campaign treasurer and
designates a primary depository; or
(c) at the time such employee files qualification papers and subscribes to
a candidate's oath as required by law.
W 1352:JOB:mgc
Attachment
cc: Pedro Hernandez, City Manager
Priscilla A. Thompson, City Clerk
Elvi Alonso, Agenda Coordinator
Doc. No.: w1352