Loading...
HomeMy WebLinkAboutR-16-0461City of Miami Legislation Resolution: R-16-0461 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16-01201 Final Action Date: 9/22/2016 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 ("CHARTER"), KNOWN AS CHARTER AMENDMENT NO. 1; AMENDING SECTION 12, ENTITLED "FILLING VACANCIES FOR MAYOR AND CITY COMMISSION," TO PROVIDE THAT A PERSON APPOINTED BY THE CITY COMMISSION OR A CANDIDATE ELECTED IN A SPECIAL ELECTION FOR THE PURPOSE OF FILLING A VACANCY IN THE OFFICE OF MAYOR AND CITY COMMISSION SHALL SERVE FOR THE REMAINDER OF THE UNEXPIRED TERM; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. 1 WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD ON NOVEMBER 7, 2017; 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. 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, the City Commission believes that a proposed amendment to Section 12 of the Charter to provide that a person appointed by the City Commission to fill a vacancy in the Office of Mayor and City Commission shall serve for the remainder of the unexpired term is appropriate; and WHEREAS, the City Commission believes a proposed amendment to Section 12 of the Charter to provide that a candidate elected in a special election for the purpose of filling a vacancy in the Office of Mayor and City Commission shall serve for the remainder of the unexpired term is appropriate; and WHEREAS, the City Commission wishes to submit the above -mentioned proposed amendment to the electorate, for approval or disapproval, at the Municipal General Election scheduled for November 7, 2017; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 6 File Id: 16-01201 (Version: 2) Printed On: 5/29/2018 File Number: 16-01201 Enactment Number: R-16-0461 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. Section 12 of the Charter, entitled "Election of City Commissioners and Mayor," is proposed to be amended in the following particulars: {1} "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER (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 person appointed shall serve for the remainder of the unexpired term of office. The term of office of the person so appointed shall be until the successor in office is elected and qualified at whichever of the following occurs first: {1) the odd year general municipal election for mayor and city commissioners held pursuant to section 4 of the Charter, or {2) the even year State of Florida general election at which election 0 national, state and county 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 provid-ed in section 7 of this Charter. (b) If the remaining city commissioners shall fail or refuse to fill such vacancy within ten days after it occurs, as provided herein, the city commission shall call a special election to fill the vacancy to be held at a date not less than thirty-eight or more than forty-five days after the expiration of the ten-day period and the five day qualifying period. The qualifying period for such special election shall be for the five days not including Saturday, Sunday or legal holidays before the thirty-eighth day before the date of the election and the procedure for the election not otherwise provided for in this section shall be as provided in section 7 of this Charter. The person who receives the greatest number of votes for the office in said special election is elected to fill the vacancy the election as provided in subsection (a` (1) or (2) of this section for the remainder of the unexpired term of office. (c) If the city commissioners shall fail to comply with their duties as set forth in this section, then, and in that event, the court is hereby empowered and authorized to enforce compliance with this act or to call an election itself to fill such vacancy or vacancies on the city commission or in the office of mayor. The person who receives the greatest number of votes for the office in said election is elected to fill the vacancy for the remainder of the unexpired term of office." City of Miami Page 2 of 6 File Id: 16-01201 (Version: 2) Printed On: 5/29/2018 File Number: 16-01201 Enactment Number: R-16-0461 The Charter Amendment proposed in this Section shall be known as Charter Amendment No. Section 3. In accordance with the provisions of the Charter, as amended, §6.03 of the Miami -Dade County Home Rule Charter, and Section 2-112 of the Code of the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M., on Tuesday, November 7, 2017, a Special Election will be held for the purpose of submitting to the qualified electors of the City for their approval or disapproval the measure known as Charter Amendment No. 1. Section 4. 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 general laws of the State of Florida ("State"). The Precinct Election Clerks and Inspectors to serve at said polling places on said 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 all registration cards, books, records and certificates pertaining to electors of the City and established and maintained as official by the Supervisor of Elections of Miami -Dade County, Florida, in conformity with the laws of the State, 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 5. 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, which notice shall be substantially in the following form: NOTICE OF SPECIAL ELECTION TO AMEND THE MIAMI CITY CHARTER TO BE HELD ON TUESDAY, NOVEMBER 7, 2017 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. A Special Election will be held on Tuesday, November 7, 2017 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 Section 12 of the City of Miami Charter be amended to provide that a person appointed by the City Commission to fill a vacancy in the Office of Mayor or City Commission or a candidate elected for the purpose of filling a vacancy in the Office of Mayor or City Commission shall serve for the remainder of the unexpired term? City of Miami Page 3 of 6 File Id: 16-01201 (Version: 2) Printed On: 5/29/2018 File Number: 16-01201 Enactment Number: R-16-0461 Charter Amendment No. 1 will amend Section 12 of the Charter of the City of Miami, Florida, as amended, entitled, "Filling Vacancies for Mayor and Commission," to provide that a person appointed by the City Commission or a candidate elected in a Special Election for the purpose of filling a vacancy shall serve for the remainder of the unexpired term. By order of the Commission of the City of Miami, Florida. YES NO City Clerk A list of City of Miami polling places follows: (Insert list of City of Miami Polling Places.) Section 6. The official ballot to be used at said Special Election shall be in full compliance with the laws of the State with respect to absentee ballots and to use of the mechanical voting mechanics or the Computer Election System, and shall be in substantially the following form, to wit: OFFICIAL BALLOT SPECIAL ELECTION TUESDAY, NOVEMBER 7, 2017 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: Charter Amendment Providing Person Filling Office Vacancy Shall Serve Remainder of the Unexpired Term YES NO Shall Section 12 of the City of Miami Charter be amended to provide that a person appointed by the City Commission to fill a vacancy in the Office of Mayor or City Commission or a candidate elected for the purpose of filling a vacancy in the Office of Mayor or City Commission shall serve for the remainder of the unexpired term? Section 7. The form of the ballot shall be in accordance with requirements of general election laws. Electors desiring to vote in approval of the Question described above, shall be instructed to vote City of Miami Page 4 of 6 File Id: 16-01201 (Version: 2) Printed On: 5/29/2018 File Number: 16-01201 Enactment Number: R-16-0461 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 8. The City Clerk shall cause to be prepared absentee ballots containing the Question set forth in Section 6 above for the use of absentee electors entitled to cast such ballots in said Special Election. Section 9. All qualified Electors of the City shall be permitted to vote in the 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, a list of all qualified electors residing in the City 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 10. For the purpose of enabling persons to register who are qualified to vote in said Special Election to be held on November 7, 2017, and who have not registered under the provisions of the general laws of the State 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 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, Doral, Florida, within such period of time as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. In addition to the above place and times, qualified persons may register at such branch offices and may also use any mobile registration van for the purpose of registration in order to vote in the herein described Special Election during such times and on such dates as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. Section 11. Todd B. Hannon, the City Clerk of the City, is designated and appointed as the official representative of the City Commission, in all transactions with the Supervisor of Elections of Miami -Dade County, Florida, related to matters pertaining to use of the registration books and holding of said Special Election. Section 12. 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 (45) days prior to the date of the Special Election. Section 13. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: City of Miami Page 5 of 6 File Id: 16-01201 (Version: 2) Printed On: 5/29/2018 File Number: 16-01201 Enactment Number: R-16-0461 {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. Commission. City of Miami Page 6 of 6 File Id: 16-01201 (Version: 2) Printed On: 5/29/2018