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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #16358 Resolution Sponsored by: Commissioner Christine Kind A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"); AMENDING SECTION 4 OF THE CHARTER, TITLED "FORM OF GOVERNMENT; NOMINATION AND ELECTION," TO REQUIRE CONTINUOUS RESIDENCY IMMEDIATELY PRECEDING QUALIFYING FOR THE OFFICES OF MAYOR AND CITY COMMISSIONER; CALLING FOR AND PROVIDING THAT THE CHARTER AMENDMENT WILL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL ELECTION SCHEDULED FOR NOVEMBER 5, 2024; 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; 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 NO FEWER THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH ELECTION; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. City of Miami Legislation Resolution Enactment Number: R-24-0283 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16358 Final Action Date:7/25/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"); AMENDING SECTION 4 OF THE CHARTER, TITLED "FORM OF GOVERNMENT; NOMINATION AND ELECTION," TO REQUIRE CONTINUOUS RESIDENCY IMMEDIATELY PRECEDING QUALIFYING FOR THE OFFICES OF MAYOR AND CITY COMMISSIONER; CALLING FOR AND PROVIDING THAT THE CHARTER AMENDMENT WILL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL ELECTION SCHEDULED FOR NOVEMBER 5, 2024; 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; 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 NO FEWER THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH ELECTION; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Miami ("City") was incorporated by the Florida Legislature in 1896 and operates pursuant to the Charter of the City of Miami, Florida ("Charter"); and WHEREAS, the Charter has been amended from time to time as the governance of the City has evolved; and WHEREAS, Section 4 of the Charter currently provides that "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."; and WHEREAS, in City of Miami v. Gabela, 2023 WL 7319553 (Fla. 3d DCA Nov. 7, 2023), for the first time, the Third District held, "The plain language of the City's district residency requirement doesn't require continuous residency, or residency immediately preceding qualification"; and WHEREAS, the City Commission finds that it is in the best interest of the electorate to amend the language of the Charter to require continuous residency in the district in effect at the time of qualifying for the one-year period immediately preceding qualifying for candidates running for the Office of City Commissioner; and WHEREAS, the City Commission finds that it is in the best interest of the electorate to amend the language of the Charter to require continuous residency in the City of Miami immediately preceding qualifying for candidates running for the Office of Mayor; and WHEREAS, the City Commission wishes to submit the proposed amendment to the Charter to the electorate for approval or disapproval at the Referendum Special Election to be held concurrently with the General Election scheduled for November 5, 2024; 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. In accordance with the provisions of the Charter, Section 6.03 of the Miami - Dade County Home Rule Charter, a Referendum Special Election is to be called and directed in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on November 5, 2024, for the purpose of submitting to the qualified electors of the City for their approval or disapproval of the proposed Charter Amendment to amend the language of the Charter to require continuous residency immediately preceding qualifying for candidates running for the Offices of Mayor and City Commissioner as stated herein. Section 3. Section 4 of the Charter is proposed to be amended in the following particulars:1 "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER Sec. 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 as provided in subsection (c) of this section of the Charter 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 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. 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 and shall have continuously resided in the city for a minimum of for at least one (1) year immediately preceding the date of prior to qualifying and shall be electors therein. Further, candidates for the city commission shall have continuously resided within the district boundaries in effect at the time of qualifying fora minimum of at least one (1) year immediately preceding the date of 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. 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. (f) (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. 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. 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. 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." (7) (8) (9) Section 4. The Referendum Special Election shall be held at the polling places in the precincts designated, all as shown on Exhibit "A," attached and incorporated, or as may be designated by the Supervisor of Elections of Miami -Dade County ("Supervisor") in conformity with the provisions of the general laws of the State of Florida ("State"). The Precinct Election Clerks and Inspectors to serve at said polling places on said Referendum Special Election date shall be those designated by the Supervisor for such purpose in accordance with the general laws of the State. A description of the registration books and records which pertain to Referendum Special Election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such Referendum Special Election is all voter information cards, registration books, records, and certificates pertaining to electors of the City and established and maintained as official by the Supervisor in conformity with the laws of the State are adopted and declared to be and shall hereafter be recognized and accepted as official voter information cards, registration books, records, and certificates of the City. Section 5. In compliance with Section 100.342, Florida Statutes (2023), regarding any Referendum Special Election not otherwise provided for there must be at least thirty (30) days' notice of the election or referendum by publication in a newspaper of general circulation in the county, district, or municipality, or publication on the county's website as provided in Section 50.0311, Florida Statutes, the municipality's website, or the supervisor's website, as applicable. The City Clerk is authorized and directed to publish notice of the adoption of this 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 Referendum Special Election is to be held, in newspaper(s) of general circulation in the City which notice shall be substantially in the following form: NOTICE OF REFERENDUM SPECIAL ELECTION TO AMEND THE MIAMI CITY CHARTER TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R-24-0283 A Referendum Special Election will be held on November 5, 2024 from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida at the polling places in the several Referendum Special Election precincts designated by the Supervisor of Elections for Miami -Dade County, Florida as set forth herein unless otherwise provided by law for the purpose of submitting to the qualified electors of the City of Miami, Florida, the following question: "Shall Section 4 of the City Charter be amended to require continuous residency in the district in effect at the time of qualifying for a minimum of one year immediately preceding qualifying for candidates running for City Commissioner and require continuous residency in the City of Miami for a minimum of one year immediately preceding qualifying for candidates running for Mayor?" This Charter Amendment will amend Section 4 of the City Charter to require continuous residency in the district in effect at the time of qualifying for a minimum of one year immediately preceding qualifying for candidates running for City Commissioner and require continuous residency in the City of Miami for a minimum of one year immediately preceding qualifying for candidates running for Mayor. By order of the Commission of the City of Miami, Florida. Section 6. The official ballot to be used at said Referendum Special Election shall be in full compliance with the laws of the State with respect to vote -by -mail ballots and to the use of the mechanical voting machines or the Computer Election System, and shall be in substantially the following form: "Official Ballot" Referendum Special Election November 5, 2024 Charter Amendment to Require Continuous Residency Immediately Preceding Qualifying for Mayor and City Commissioner Shall Section 4 of the City Charter be amended to require continuous residency in the district in effect at the time of qualifying for a minimum of one year immediately preceding qualifying for candidates running for City Commissioner and require continuous residency in the City of Miami for a minimum of one year immediately preceding qualifying for candidates running for Mayor? YES NO Section 7. The form of the ballot shall be in accordance with the requirements of general election laws. Electors desiring to vote in approval of the Question described above shall be instructed to vote their selection next to the word "YES" within the ballot containing the statement relating to the Question. Electors desiring to vote to disapprove the Question shall be instructed to vote their selection next to the word "NO" within the ballot containing the statement relating to the Question. Section 8. The City Clerk shall cause to be prepared vote -by -mail ballots containing the Question set forth in Section 6 above for the use of vote -by -mail electors entitled to cast such ballots in said Referendum Special Election. Section 9. All qualified Electors of the City shall be permitted to vote in the Referendum Special Election and the Supervisor is requested, authorized, and directed to furnish, at cost and expense of the City, a list of all qualified electors residing in the City as shown by the registration books and records of the Office of the Supervisor 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 Referendum Special Election precincts. Section 10. For the purpose of enabling persons to register who are qualified to vote in said Referendum Special Election on November 5, 2024, and who have not registered under the provisions of the general laws of the State and Chapter 16 of the City Code or who have transferred their legal residence from one voting precinct to another in the City, they may register Monday through Friday from 8:00 A.M. to 5:00 P.M. at the Miami -Dade County Elections Department located at 2700 Northwest 87th Avenue, Miami, Florida within such period of time as may be designated by the Supervisor. In addition to the above place and times, qualified persons may register at such branch offices and may also register to vote online for the purpose of registration in order to vote in the herein described Referendum Special Election during such times and on such dates as may be designated by the Supervisor. Section 11. Todd B. Hannon, the City Clerk of the City of Miami, Florida, or his duly appointed successor, is hereby designated and appointed as the official representative of the Commission of the City of Miami, Florida, in all transactions with the Supervisor related to matters pertaining to the use of the registration books and the holding of said Referendum Special Election. Section 12. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor not less than forty-five (45) days prior to the date of the Referendum Special Election. Section 13. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.