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Home My WebLink AboutSummary FormDate: 02/24/2012 AGENDA ITEM SUMMARY FORM FILE ID: /()- d00 77 Requesting Department: N/A Commission Meeting Date: 03/08/2012 District Impacted: Citywide Type: n Resolution n Ordinance E Emergency Ordinance ® Discussion Item Law Department Matter ID No. ❑ Other Subject: Consideration of Legislative Options Concerning Changing the City's Election Dates Purpose of Item: Discussion item concerning the City Attorney's preparation of various resolutions for charter amendments that change the dates of the City of Miami's elections to coincide with countywide elections. Background Information: At its February 9, 2012 meeting, the City Commission directed the City Attorney's Office to proffer drafts of various resolutions that may be considered for a charter amendment, which changes the dates of the City's elections. Budget Impact Analysis NO Is this item related to revenue? NO Is this item an expenditure? If so, please identify funding source below. General Account No: Special Revenue Account No: CIP Project No: NO Is this item funded by Homeland Defense/Neighborhood Improvement. Bonds? Start Up Capital Cost: Maintenance Cost: Total Fiscal Impact: Final Approvals (SIGN AND DATE) CIP Budget If using or receiving capital funds Grants Risk Management Purchasing Dept. Director Chief = .___ - = "_ .... City Manager Page 1 of 1 DRAFT A - MARCH 8TH AGENDA ..TITLE A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO SECTION 7 OF THE CITY CHARTER CHANGING THE DATES OF THE CITY OF MIAMI MUNICIPAL ELECTIONS FOR ELECTION OF THE MAYOR AND COMMISSIONERS FROM ODD YEARS TO EVEN YEARS TO BE ON THE SAME DATE AS MIAMI-DADE COUNTY ELECTION IN AUGUST OF EACH EVEN YEAR WITH THE RUNOFF ELECTION TO BE IN NOVEMBER OF EACH EVEN YEAR. ..Body WHEREAS, Section 2-112 requires that the City Attorney be directed to prepare a charter amendment by resolution of the City Commission; 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 incorporated as fully set forth in this Section. Section 2. The City Attorney is directed to prepare an amendment to Section 7 of the City Charter changing the dates of the City of Miami municipal elections for election of the Mayor and Commissioners from odd years to even years to be on the same date as Miami - Dade County election in August of each even year with the runoff election to be in November of each even year. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY ..Footnote {1} 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. DRAFT B - MARCH 8T" AGENDA ..TITLE A RESOLUTION OF THE MIA1VI1 CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO SECTION 7 OF THE CITY CHARTER CHANGING THE DATES OF THE CITY OF MIAMI MUNICIPAL ELECTION FOR ELECTION OF THE MAYOR AND COMMISSIONERS FROM ODD YEARS TO EVEN YEARS TO BE ON THE SAME DATE AS MIAMI-DADE COUNTY ELECTION IN NOVEMBER OF EACH EVEN YEAR WITH THE RUNOFF ELECTION TO BE TWO WEEKS AFTER THE NOVEMBER MUNICIPAL ELECTION OF EACH EVEN YEAR. ..Body WHEREAS, Section 2-112 requires that the City Attorney be directed to prepare a charter amendment by resolution of the City Commission; 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 incorporated as fully set forth in this Section. Section 2. The City Attorney is directed to prepare an amendment to Section 7 of the City Charter changing the dates of the City of Miami municipal election for election of the Mayor and Commissioners from odd years to even years to be on the same date as Miami -Dade County election in November of each even year with the runoff election to be two weeks after the November municipal election of each even year. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY ..Footnote {1} 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. DRAFT C - MARCH 8TH AGENDA ..TITLE A RESOLUTION OF THE MIAMI 'CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO SECTION 7 OF THE CITY CHARTER ELIMINATING THE REQUIREMENT FOR A RUNOFF ELECTION FOR THE MAYOR AND COMMISSIONERS THEREBY ELECTING THE MAYOR AND EACH COMMISSIONER BY A PLURALITY. ..Body WHEREAS, Section 2-112 requires that the City Attorney be directed to prepare a charter amendment by resolution of the City Commission; 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 incorporated as fully set forth in this Section. Section 2. The City Attorney is directed to prepare an amendment to Section 7 of the City Charter eliminating the requirement for a Runoff Election for the Mayor and Commissioners thereby electing the Mayor and each Commissioner by a plurality. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY ..Footnote {1} 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. Municode Page 1 of 1 Sec. 7. - Election of city commissioners and mayor. A general municipal election for the mayor and city commissioners shall be held on the first Tuesday after the first Monday in November in odd -numbered years. A runoff election for the mayor and city commissioners shall be held on the second Tuesday after the first Monday in November in odd -numbered years. All elections held in said city shall be conducted and held according to the provisions of the general election laws_ of the State of Florida, except as otherwise provided for in the Charter. The name of any person qualified as provided in section 4 of this Charter shall be printed upon the ballot as a candidate for the office of mayor or city commissioner upon paying to the City of Miami the sum as prescribed by ordinance to be accepted by the city clerk as a qualifying fee along with the sum for election assessment as prescribed by state law during the qualifying period as prescribed in this Charter prior to the date of such general municipal election or special election to fill a vacancy. Any person qualified to run for mayor or city commissioner shall file an affidavit of candidacy in the form provided by the city clerk including his or her name, address, occupation and willingness to serve if elected, accompanied by the requisite documents and fees as provided in state law and section 7 of this Charter. An affidavit of candidacy shall be filed not earlier than 60 days and not later than 45 days prior to the date of the general municipal election or during the qualifying period for a special election to fill a vacancy. All such qualifying documents and fees shall be deposited with.the city clerk no later than 6:00 pm. on the forty -fifth day prior to the general municipal election or the last day for qualifying in a special election to fill a vacancy. (Laws of Fla., ch. 15339(1931); Laws of Fla., ch. 19974(1939); Laws of Fla., ch. 21387(1941); Laws of Fla., ch. 22395(1943); Laws of Fla., ch. 23408(1945); Char. Amend. No. 1, 3-14-72; Char. Amend. No. 6, 11-6-73; Res. No. 97-447, § 2, 7-3-97; Res. No. 01-843, § 2, 8-9-01) Editor's note — Res. No. 01-843, § 1, adopted August 9, 2001, amended § 7 in its entirety to read as herein set out. Formerly, § 7 pertained to regular and primary elections of commissioners. The historical notation has beenretained for reference purposes. 2 :--thttp://library.municode.com/print. aspx?clientID=10933&HTMRequest=http%3a%2P/02fli... 2/23/2012 Municode Page 1 of 1 Sec. 2-112. - Charter amendments, method of drafting; approval by city commission; submission to electorate. (a) The city attorney shall draft, with the assistance of any individual the city attorney deems necessary, a Charter amendment within 120 days after the city commission adopts a resolution directing the city attorney to prepare such amendment or after the certification of a petition of ten percent of the qualified electors of the City of Miami requesting such amendment. (b) The Charter amendment drafted by the city attorney shall be approved in final form by the city commission in a resolution calling for a special election upon the amendment. The resolution calling for the special election shall include the text of the amendment draft approved by the city commission, and such draft shall be deemed submitted to the electorate by the adoption of said resolution. (c) A special election upon said amendment shall occur not less than 60 nor more than 120 days after the draft is submitted. (Ord. No. 10116, § 1, 6-12-86; Code 1980, § 2-42) ,http://library.municode; com/print. aspx?clieritID=1093 3 &HTMRequest=http%3 a%2f%2fli... 2/23/2012