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HomeMy WebLinkAboutResolutionCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00749 Final Action Date: 7/26/2012 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. _; AMENDING SECTION 4, ENTITLED " FORM OF GOVERNMENT; NOMINATION AND ELECTION ", AMENDING SECTION 7, ENTITLED " ELECTION OF CITY COMMISSIONERS AND MAYOR" AND AMENDING SECTION 12 ENTITLED "FILLING VACANCIES FOR MAYOR AND COMMISSION" TO CHANGE THE DATES OF THE CITY OF MIAMI GENERAL ELECTIONS FROM ODD YEARS TO EVEN YEARS TO COINCIDE WITH THE COUNTY -WIDE PRIMARY ELECTION IN AUGUST AND WITH ANY CITY OF MIAMI RUNOFF ELECTION TO BE IN NOVEMBER OF EACH EVEN YEAR TO COINCIDE WITH THE COUNTY -WIDE GENERAL ELECTION AND THEREBY EXTENDING THE CURRENT TERMS OF THE MAYOR AND COMMISSIONERS TO CONFORM TO THE NEW ELECTION CYCLE; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. _ WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 2012; 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, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 4 of the Charter of the City of Miami, Florida, as amended, 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. ************* (b) City of Miami Page 1 of 6 File Id: 12-00749 (Version: 3) Printed On: 10/8/2024 File Number: 12-00749 ************* 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. Commencing with the election to be held in August 2014, 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 2014 and at the general municipal election or runoff election each four years thereafter and, 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 2016 and at the general municipal election or runoff election each four years thereafter. Commencing with the election to be held in August 2014, T the mayor shall be elected at large by the electors of the city at a general municipal election or runoff election to be held in the year 2014 and at the general municipal election or runoff election each four years thereafter. and shall hold office f„r term of four years. Section 2. Section 7 of the Charter of the City of Miami, Florida, as amended, is proposed to be amended in the following particulars: "Sec. 7. Election of city commissioners and mayor. [Upon adoption of the Charter Amendment in 2012, which changes the election cycle from odd years to even years, A}general municipal elections for the mayor and city commissioners shall be held on the first Tuesday after the first Monday in November to coincide with the Miami -Dade County -wide primary election in August of odd numbered even numbered years. A runoff Runoff elections for the mayor and city commissioners shall be held on the second Tuesday after the first Monday in November in odd -numbered coincide with the Miami -Dade County -wide general election in November of even numbered years. The terms of the mayor and commissioners serving at the time the Charter Amendment is adopted in 2012 shall be extended to conform to the new election cycle. 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. Section 3. Section 12 of the Charter of the City of Miami, Florida, as amended, is proposed to be City of Miami Page 2 of 6 File Id: 12-00749 (Version: 3) Printed On: 10/8/2024 File Number: 12-00749 amended in the following particulars: "Sec. 12. Filling vacancies for mayor and commission. (a) A vacancy on the city commission or in the office of mayor caused by death, resignation, forfeiture or other action or causes shall be filled within ten days after such vacancy occurs by a majority of the remaining city commissioners. The person appointed must meet the qualifications of the office as required in section 4 of this Charter. The term of office of the person so appointed shall be until the successor in office is elected and qualified at the next general municipal or runoff election. whichever of the following occurs first: {1 } the odd general municipal election for mayor and city commissioners held pursuant to section '1 of the Charter, or {2} offices are filled, The candidates for such election shall be qualified as provided in section 4 of this Charter and the qualifying period and requirements for such election shall be as provided in section 7 of this Charter. ************u, The Charter Amendment proposed in this Section shall be known as Charter Amendment No. Section 4. In accordance with the provisions of the City Charter, as amended and §6.03 of the Miami -Dade County Home Rule Charter, a Special 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, November 6, 2012, 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._ Section 5. The Special Election shall be held at the voting places in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to as Exhibit No. 1 or as may be designated by the Supervisor of Elections of Miami -Dade County, Florida, in conformity with the provisions of the general laws of the State. The Precinct Election Clerks and Inspectors to serve at said polling places on said Municipal Special Election date shall be those designated by the Supervisor of Elections of Miami -Dade County, Florida, for such purpose in accordance with the general laws of the State. A description of the registration books and records which pertain to special election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such Special Election is as follows: all registration cards, books, records and certificates pertaining to electors of the City of Miami and established and maintained as official by the Supervisor of Elections of Miami -Dade County, Florida, in conformity with the provisions of the general laws of the State of Florida, are adopted and declared to be, and shall hereafter be recognized and accepted as, official registration cards, books, records and certificates of the City of Miami. Section 6. In compliance with Section 100.342, Florida Statutes, 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 Special Election is to be held, in newspaper(s) of general circulation in the City of Miami, Florida, City of Miami Page 3 of 6 File Id: 12-00749 (Version: 3) Printed On: 10/8/2024 File Number: 12-00749 which notice shall be substantially in the following form: "NOTICE OF SPECIAL ELECTION TO AMEND THE CHARTER TO BE HELD ON TUESDAY, NOVEMBER 6, 2012 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO.12-0236 A Special Election will be held on Tuesday, November 6, 2012 from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several special 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 changed to have elections for the mayor and commissioners in the even -year election cycle coinciding with Miami -Dade County election dates, thereby reducing the cost of the elections by more than one million dollars per election cycle, holding the general municipal election in August and the runoff election in November and extending the terms of the current elected officials to conform with the new election cycle?" Charter Amendment No. _ will amend the Miami Charter to change the dates of the City of Miami Elections for the Mayor and Commissioners to be on the same date as the Miami -Dade County Election in August of each even year with the runoff election in November of each even year. By order of the Commission of the City of Miami, Florida. City Clerk A list of City of Miami polling places follows: (Insert list of City of Miami Polling Places.) YES (For the Measure) NO (Against the Measure) Section 7. The official ballot to be used at said Special Election shall be in full compliance with the laws of the State of Florida with respect to absentee ballots and to the use of the mechanical voting machines or the Computer Election System, and shall be in substantially the following form, to wit: "OFFICIAL BALLOT City of Miami Page 4 of 6 File Id: 12-00749 (Version: 3) Printed On: 10/8/2024 File Number: 12-00749 SPECIAL ELECTION TUESDAY, NOVEMBER 6, 2012 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: Charter Amendment to change Elections to coincide with the Miami -Dade County Elections in even years. YES (For the Measure) NO (For the Measure) "Shall the Miami Charter be changed to have elections for the mayor and commissioners in the even -year election cycle coinciding with Miami -Dade County election dates, thereby reducing the cost of the elections by more than one million dollars per election cycle, holding the general municipal election in August and the runoff election in November and extending the terms of the current elected officials to conform with the new election cycle?" Section 8. 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 frame 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 frame containing the statement relating to the Question. Once individuals are satisfied with their choice, they shall press the "Vote" button and the ballot shall be cast. Section 9. The City Clerk shall cause to be prepared absentee ballots containing the Question set forth in Section 7 above for the use of absentee electors entitled to cast such ballots in said Special election. Section 10. All qualified electors of said City shall be permitted to vote in said Special Election and the Supervisor of Elections of Miami -Dade County, Florida, is requested, authorized, and directed to furnish, at 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 special election precincts. Section 11. For the purpose of enabling persons to register who are qualified to vote in said Special Election to be held on November 6, 2012, and who have not registered under the provisions of the general laws of Florida and Chapter 16 of the Code of the City of Miami, Florida, or who have transferred their legal residence from one voting precinct to another in the City, they may register City of Miami Page 5 of 6 File Id: 12-00749 (Version: 3) Printed On: 10/8/2024 File Number: 12-00749 Monday through Friday, from 8:00 A.M. to 5:00 P.M. at the Miami -Dade County Elections Department located at 111 Northwest 1st Street, Miami, Florida, within such period of time as may be designated by the Supervisor of Elections of Miami --Dade County, Florida. Section 12. 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, Florida, related to matters pertaining to the use of the registration books and the holding of said Special Election. Section 13. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Elections of Miami -Dade County, Florida, not less than forty-five days prior to the date of the Special Election. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} Footnotes: {1} 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. City of Miami Page 6 of 6 File Id: 12-00749 (Version: 3) Printed On: 10/8/2024