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HomeMy WebLinkAboutLegislationPoc / a' NA4 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File Number: 07-00438c Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 1, TO ESTABLISH A CITIZENS' BILL OF RIGHTS; PROVIDING THAT THE AMENDED CHARTER MAY BE REORGANIZED AND RENUMBERED; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. 1 WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON JANUARY 29, 2008; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; PROVIDING FOR NOTICE; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION; PROVIDING AN EFFECTIVE DATE FOR THIS RESOLUTION. WHEREAS, the Miami -Dade County Charter contains a Citizens' Bill of Rights that is applicable to municipalities in Miami -Dade County; and WHEREAS, on May 10, 2007, by its adoption of Resolution No. 07-0276, the City Commission directed the City Attorney to prepare a proposed Charter Amendment that would establish in the City Charter a Citizens' Bill of Rights containing some of the same provisions as are contained in the Miami -Dade County Citizens' Bill of Rights and some additional provisions; and WHEREAS, the proposed Charter Amendment is set forth in its final form in this Resolution; and WHEREAS, the proposed amendment shall be submitted to the electorate at the Special Municipal Election to be held on January 29, 2008, as called for and provided herein; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Charter of the City of Miami, Florida (Chapter 10847, Laws of Florida, as amended), is proposed to be amended by adding a new charter section containing a Citizens' Bill of Rights as set forth in the attached text in the following particulars:{1} City of Miami Page 1 of 6 Printed On: 10/25/2007 File Number. 07-00438c "PART I CHARTER AND RELATED LAWS SUBPART A THE CHARTER Sec. xx. Citizens' Bill of Rights (A) This government has been created to protect the governed, not the governing. In order to provide the public with full and accurate information, to promote efficient administrative management, to make government more accountable, and to insure to all persons fair and equitable treatment, the following rights are guaranteed: 1. Religion and Conscience. The City shall not interfere with the freedom of each person in the city to follow the dictates of his or her own conscience concerning religious worship, nor shall the city support any religion. 2. Speech, Assembly and Press. The City shall not interfere with the rights of: (i) freedom of speech; (ii) freedom of the press; (iii) to petition the government, or (iv) to peaceable assembly. 3. Unreasonable Searches and Seizures. The City shall not authorize any unreasonable search or seizure. 4. Nondiscrimination. The City shall not, directly or indirectly, discriminate among persons because of race, color, creed, religion, sex, domestic relationship status parental status, familial status, sexual orientation, national origin, political affiliation, gender identity and expression, or racial profiling. Nothing herein shall prevent the City of Miami from remedying present discrimination or the present effects of past discrimination by a race -conscious affirmative action program which is in compliance with the Constitution and laws of the United States of America and the State of Florida. 5. Environmental Protection. The City shall promote the right of the people to clean air, pure water, freedom from excessive and unnecessary noise, and the natural, scenic, historic and aesthetic qualities of the environment. 6. Natural Resources and Scenic Beauty. It shall be the policy of the City to conserve and protect its natural resources and scenic beauty, which policy shall include the abatement of air and water pollution, and excessive and unnecessary noise. (B) The foregoing enumeration of citizens' rights vests large and pervasive powers in the citizenry of the City of Miami. Such power necessarily carries with it responsibility of equal magnitude for the City of Miami Page 2 of 6 Printed On: 10/25/2007 File Number: 07-00438c successful operation of government in the City. The orderly, efficient and fair operation of government requires the intelligent participation of individual citizens exercising their rights with dignity and restraint so as to avoid any sweeping acceleration in the cost of government because of the exercise of individual prerogatives, and for individual citizens to grant respect for the dignity of public office. (C) Remedies for violations. In any suit by a citizen alleging a violation of this Bill of Rights filed in the Dade County circuit Court pursuant to its general equity jurisdiction, the plaintiff, if successful, shall be entitled to recover costs as fixed by the court. Any public official or employee who is found by the court to have willfully violated this article shall forthwith forfeit his office or employment. (D) Construction. All provisions of this article shall be construed to be supplementary to and not in conflict with the general laws of Florida or the provisions of the Florida Constitution. If any part of this article shall be declared invalid, it shall not affect the validity of the remaining provisions. The Charter Amendment proposed in this Section is known as Charter Amendment No. 1. Section 3. In accordance with the provisions of the City Charter and §5.03 of the Miami -Dade County Home Rule Charter, a Special Municipal Election is called and directed to be held in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M., on Tuesday, January 29, 2008, for the purpose of submitting to the qualified electors of the City of Miami for their approval or disapproval the measure known as Charter Amendment No. 1. Section 4. (a) In compliance with the Florida Election Code, the City Clerk is authorized and directed to publish notice of the adoption of the herein Resolution and of the provisions hereof, at least twice, once in the fifth week and once in the third week prior to the week in which the aforesaid election is to be held, in newspaper(s) of general circulation in the City of Miami, Florida, which notice shall be substantially as set forth in the following form: NOTICE OF SPECIAL MUNICIPAL ELECTION TO AMEND THE CHARTER TO BE HELD ON TUESDAY, JANUARY 29, 2008 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. A Special Municipal Election will be held on Tuesday, January 29, 2008, from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several election precincts designated by the Board of County Commissioners of Miami -Dade County, Florida, as set forth herein, unless otherwise provided by law, and submitting to the qualified electors of the City of Miami, Florida, the following question: "Shall the Miami Charter be amended to establish a Citizens' Bill of Rights to guarantee rights related to religion and conscience, speech, assembly and press, unreasonable searches and seizures, nondiscrimination, environmental protection, natural resources and scenic beauty and providing for remedies and construction?" By order of the Commission of the City of Miami, Florida. City of Miami Page 3 of 6 Printed On: 10/25/2007 File Number. 07-00438c City Clerk A list of City of Miami polling places follows: (Insert list of City of Miami Polling Places.) Section 5. The official ballot to be used at said Special Municipal Election shall be in full compliance with the Election Code of Florida with respect to absentee ballots and to the use of such voting machines as may be required by the Florida Election Code, and shall be in substantially the following form, to wit: "OFFICIAL BALLOT SPECIAL MUNICIPAL ELECTION TUESDAY, JANUARY 29, 2008 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: Charter Amendment to establish in the Miami Charter a Citizens' Bill of Rights. YES (For the measure) "Shall the Miami Charter be amended to establish a Citizens' Bill of Rights to guarantee rights related to religion and conscience, speech, assembly and press, unreasonable searches and seizures, nondiscrimination, environmental protection, natural resources and scenic beauty and providing for remedies and construction?" NO (Against the measure) Section 6. The Special Municipal Election shall be held at the voting places in the precincts designated on Exhibit No. 1, or as may be designated by the Supervisor of Elections of Miami -Dade County, in conformity with the provisions of the Florida Election Code. Section 7. A description of the registration books and records which pertain to election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such elections is as follows: All registration cards, books, records and certificates pertaining to electors of City of Miami Page 4 of 6 Printed On: 10/25/2007 File Number: 07-00438c the City and established and maintained as official by the Supervisor of Elections of Miami -Dade County, in conformity with the provisions of the Florida Election Code, are adopted and declared to be, and shall hereafter be recognized and accepted as, official registration cards, books, records and certificates of the City. Section 8. The Precinct Election Clerks and Inspectors to serve at said polling places on said dates shall be designated by the Supervisor of Elections of Miami -Dade County, Florida, for such purposes in accordance with the general laws of the State. Section 9. Persons who are qualified to vote in this Special Municipal Election and who have not registered under the provisions of the Florida Election Code and Chapter 16 of the Code of the City of Miami, Florida, as amended, or who have transferred their legal residence from one voting precinct to another voting precinct in the City, may register at such branch offices as may be approved by the Supervisor of Elections of Miami -Dade County and at said Supervisor's office which will be open at the following location and during the following times: MIAMI-DADE COUNTY ELECTIONS DEPARTMENT 2700 Northwest 87th Ave, Doral, Florida Monday to Friday, inclusive: 8:00 A.M. - 5:00 P.M. Qualified persons may also register at branch offices and may also use any mobile registration van during such times and on such dates as may be designated by the Supervisor of Elections of Miami -Dade County. Section 10. PRISCILLA A. THOMPSON, the City Clerk of the City of Miami, Florida, is designated and appointed as the official representative of the Commission of the City of Miami, Florida, in all transactions with the Supervisor of Elections of Miami -Dade County in relation to matters pertaining to the use of the registration books for the holding of the herein general municipal election and the herein runoff election. Section 11. The City Clerk shall cause to be prepared absentee ballots for the use of absentee electors entitled to cast such ballots in the Special Municipal Election being called for herein. Section 12. All qualified electors of the City shall be permitted to vote in this Special Municipal Election and the Supervisor of Elections of Miami -Dade County is requested, authorized, and directed to furnish, at the cost and expense of the City of Miami, a list of all qualified electors residing in the City of Miami as shown by the registration books and records of the Office of said Supervisor of Elections and duly certify the same for delivery to and for use by the election officials designated to serve at the respective polling places in said election precincts. Section 13. The City Clerk is authorized and directed to cause a certified copy of this Resolution to be delivered to the Supervisor of Elections of Miami -Dade County not Tess than 45 days prior to the date of the Special Municipal Election pursuant to applicable law. City of Miami Page 5 of 6 Printed On: 10/25/2007 File Number: 07-00438c Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 6 of 6 Printed On: 10/25/2007