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Home My WebLink AboutSubmittal-City Attorney's Office-Proposed Changes to the Charter by the CRRCEXIIil3IT 1 See. 3. - Powers. Submitted into the public record fir itern(s)� on '�] ! # City Clerk The City of Miami shall have the governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services and may exercise any power for municipal purposes, except when expressly prohibited by law. The city shall have the extraterritorial powers granted to the city by general and special law and including Laws of Florida, ch. 10847 (1925), as amended. The City of Miami shall have power to: (a) (e). [Reserved.] (f) Acquisition and disposition of property and senfices: (i) To acquire by purchase, gift, devise, condemnation or otherwise, real or personal property or any estate or interest therein, inside or outside the city, for any of the purposes of the city; and to improve, sell, lease, mortgage, pledge, or otherwise dispose of such property or any part thereof. (ii) To acquire or dispose of services inside or outside the city, by purchase, gift, or otherwise for any purposes of the city. (iii) To lease to or contract with entities for the management of any of the city's waterfront property, but only in compliance with the other requirements of this charter and on condition that: (A) the terms of the contract allow reasonable public access to the water and reasonable public use of the property, and comply with other charter waterfront setback and view -corridor requirements; and (B) the terms of the contract result in a fair market value return to the city based on two independent appraisals performed by state certified appraisers; and (C) the use is authorized under the then existing master plan of the city; (D) the procurement methods prescribed by ordinances are observed; (E) the contract does not exceed five years and does not contain an automatic renewal or termination penalty. Any such lease or contract management agreement or proposed extension or modification of an existing such lease or contract management agreement which does not comply with each of the above conditions shall not be valid unless it has first been approved by a majority of the votes east by the electorate at a referendum. majority of the voters of the city. 16 I 5�i\m\i\tt\ L'A\y \\\\ t;. ?, j1/4 co,c Submitted into the public c f record f r it s) on City Clerk Nothing herein contained shall in any manner affect or apply to any project the financing of which has been provided by the authorization of bonds to be issued by the city. For purposes of this section, waterfront property shall mean city -owned property which abuts the following bodies of water: the Atlantic Ocean, Biscayne Bay, Little River, the Miami River, all navigable waterways, and no others. (g-(1). [Reserved.] (m) Harbor and shipping facilities: To establish, construct, maintain, and operate, both inside and outside the city, public Landings, wharves, docks, and warehouses; to dredge or deepen harbors and rivers, or any branch or portion thereof; to install turning basins, build jetties, and otherwise improve the harbor and shipping facilities of the city, inside and outside the city and inside and outside harbor lines where such improvements outside of harbor lines are approved by the United States Government or its proper agencies; to acquire by condemnation or otherwise all lands, riparian, and other rights and easements [necessary for the purposes aforesaid; to lay and collect] reasonable duties or fees on vessels coming through or using said landings, wharves, docks or warehouses; to regulate the manner of using other landings, wharves, docks, and warehouses within the city; to prescribe and enforce reasonable rules and regulations for the protection and use of said property; to advance to the Government of the United States, with or without interest, funds to be expended in harbor improvements to be made by the government in or near the city, or directly affecting the city within Miami Harbor and the approaches thereto, if such work has been duly authorized by laws of the United States; and to issue bonds or notes to obtain funds for such advances. (n)—(11). [Reserved.] (mm) Building and zoning: (i) To provide by ordinance building, planning, and zoning regulations and restrictions governing the height, number of stories, method of construction, type, and size of buildings and other structures; the percentage and portion of the lot or site that may be occupied; the size of the front, rear, and side yards, courts, and other open spaces; the location, use of buildings, structures, and land for trade, industry, residences, apartment houses, and other purposes; and the widening and future widening of streets in zoned street areas that the city may establish. Such regulations may provide that a board of appeals or the city commission may determine and vary the application of building, planning, or zoning ordinances in harmony with their general purpose and intent. (ii) In order to preserve the city's natural scenic beauty, to guarantee open spaces, and to protect the waterfront, anything in this Charter or the ordinances of the city to the contrary notwithstanding, neither the city nor any of its agencies shall issue building permits for any surface parking or enclosed structures located on Biscayne Bay or the Miami River from its mouth to the N.W. 5th Street Bridge, 17 Submitted into the public record f r ite ) , on ]15, if f City Clerk (A) which are not set back at least 50 feet from the seawall (where the depth of the lot is less than 200 feet, the setback shall be at least 25 percent of the lot depth), and (B) which do not have average side yards equal in aggregate to at least 25 percent of the water frontage of each lot based on average lot width. (iii) The above setback and side -yard requirements may be modified by the city commission after design and site -plan review and public hearing only if the city commission determines that the modifications requested provide public benefits such as direct public access, public walkways, plaza dedications, covered parking up to the floodplain level, or comparable benefits which promote a better urban environment and public advantages, or which preserve natural features. Wherever setback, side -yard, or site -plan review requirements of zoning ordinances are greater than the foregoing requirements, such greater requirements shall govern. (iv) These requirements shall not apply to docks and appurtenant structures, single-family residences and appurtenant structures, and waterfront industrial uses along the Miami River and at the Port of Miami. Nothing herein contained shall in any manner affect or apply to: the City of Mimi/University of Miami James L. Knight International Center and hotel facility, including all improvements thereon, or to lands and projects which the city commission has approved prior to September 18, 1979, by development order pursuant to F.S. ch. 380 of a planned area development pursuant to article XXI-1, City of Miami Comprehensive Zoning ordinance or which have received site and development plan approval, including Plaza Venetia, Phase II, Resolution No. 72-113, April 20, 1972; Resolution No. 72-114, April 20, 1972; and Resolution No. 72-416, July 20, 1972. 18 Submitted into the public h record for item(s) on `7 /O•City Clerk EXHIBIT 2 Sec. 4. - Form of Government; nomination and election. (a) General description. The form of goverrunent of the City of Miami, Florida provided foF under this Charter —shall —be knowrn--aasthe mayor eity ^ y Y .." shall have a Strong Mayor -Commission form of government. and tThe 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 1(g)(6) of this Charter. (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 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 mayor shall hold office for a term of 4 years or until a successor shall be duly qualified and take office. 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 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 ll her eff e for a term of four years. The mayor and all city commissioners fare} 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 under this form of government or any preceding form of government shall be eligible for reelection in the next succeeding term. The mayor filled as provided in section 12[.] of the. Any member of the City Commission may be recalled from office by the electors of the district they represent. The Mayor may be 19 Submitted into the public c f record f r it m(s) J 1 on City Clerk recalled from office by the electors of the City. The municipal recall procedures set forth in F.S. 100.361 shall be applied to both the members of the City Commission and the Mayor. Unless otherwise stated in this Charter, vacancies in the Office of the Mayor and City Commission shall be filled as provided in Section 12 of this Charter. 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. The names of unopposed candidates for mayor or city commissioner shall not appear on the runoff election ballot and a runoff election shall not take place. Each unopposed candidate shall be deemed to have voted for himself or herself. No votes cast in favor of any candidate who withdraws or becomes disqualified or deceased prior to any election shall be counted. In the event that no candidate has qualified for mayor or city commissioner, a vacancy shall be deemed to have occurred, and shall be filled as provided by the Charter of the City of Miami for the fillingof a vacancy. (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 for at least one (1) year prior to qualifying and shall be electors therein, and shall maintain residence in the City for the duration of their term in office. 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. The mayor, city conunissioners, 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 filiff-y6W--nef the city commission nor any committees nor members thereof to may dictate appointments by or interfere with city der the mayor. 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 mayor city ffiefiagef or subordinates or in any manner interfere with the mayor or prevent 20 Submitted into the public record f rite () ; on City Clerk the mayor city manager from exercising his/her own judgment in the appointment of officers and employees in the administrative service. Except where otherwise prohibited by Ordinance. City Commissioners shall be permitted to communicate in writing and make written inquiries of the administrative services for the purpose of transmitting constituent inquiries or assisting City Commissioners in the exercise of their powers as set forth in this Charter, and as may be necessary as provided in section 14. However, except as provided elsewhere in this Charter, neither the City Commission, nor any committees nor members thereof shall give orders to any subordinates of the Mayor, either_publicly or privately. Except for the purpose of inquiry and as may be necessary as pre-ided in section the mayor, the city commission, any yor, city manager. and neither the mayor nor the city commission, nor any committees nor members thereof shall- give orders to any of the suberflinetes of the weer, 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 a 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 coninission; 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 Mayor shall not be a member of the City Connnission. The City Commission shall elect its Chairperson and Vice -Chairperson by a majority vote. The Chairperson and Vice -Chairperson shall serve no more than two consecutive two year terms. The Chairperson shall preside over City Commission meetings and perform such other duties set forth in the Charter and Ordinances of the City of Miami. The Vice -Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson. Any member may be selected by the City Commission to preside over City Commission meetings in the event of the absence of the Chairperson and the Vice - Chairperson. The Chairperson of the City Commission may organize the City Commission into standing committees or special _ committees. Upon formation of any such committees. the City Commission may appoint its members or authorize the Chairperson to appoint committee members. Standing or special committees of the City Commission shall mean those comprised of City Commission members only. 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. (f) Meetings of city commission; ordinance to be read by title only. "t twelve o' lock zoos r the day the mayor or city commissioners take ef4ce, they shall meet at the city hall. Thereafter, Tthe 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 21 Submitted into the public c D record fo ire (s) h on T1i t • City Clerk 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. Commencing with the mayoral election held in November 2017, and in every mayoral election thereafter, tThe mayor shall serve as the chief executive and administrative officer and head of the city government with the following specific powers and duties: (1) The Mavor shall be responsible for the management of all administrative departments of the City, for carrying out ordinances, resolutions, and other measures adopted by the City Commission, and seeing that all laws and ordinances are enforced. The Mayor, or such other persons who may be designated by the Mayor, shall execute contracts and other instruments, and sign bonds and other evidences of indebtedness. The Mayor shall serve as the head of the City for emergency management purposes. (2) (-1-) The Mayor, or his designee, shall attend all meetings of the City Commission with the right to take part in the discussion but having no vote. The Mayor shall also have the right to recommend to the City Commission for adoption of such measures as may be necessary or expedient. serve as presiding officer. (3) The Mayor may appoint administrative aides to have such duties as he or she may determine and to serve at his or her pleasure. The Mayor's administrative aides shall be excluded from the civil service provisions of the Charter and Ordinances of the City of Miami. (4) Unless otherwise provided by this Charter, the Mayor shall have the power to appoint, reprimand, and remove all department directors and all subordinate officers and employees in the departments in both the classified and unclassified service of the administrative departments of the City. The Mayor's power to reprimand and remove does not extend to the staff of the City Commission, City Attorney, City Clerk, or Independent Auditor General. All appointments shall be upon merit and fitness alone, and in the classified service, all appointments and removals shall be subject to the civil service provisions of this Charter. Appointment of department directors shall become effective unless disapproved by a 4/5ths affirmative vote of those City Commissioners then in office at the City Commission's next regularly scheduled meeting. Such vote shall be final and the Mayor shall be prohibited from reappointing the disapproved department director to that same position. The police chief and fire chief shall be subject to the supervision of the Mayor. All administrative functions not otherwise specifically assigned to others by this Charter shall be performed under the supervision of the Mayor. The Mayor shall also have the right to suspend, reprimand, remove, or discharge any administrative department director, the police chief, or the fire chief, with or without cause. 22 Submitted into the public record fob ite)' on City Clerk (5) 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) (6) 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. (—I) (7) During the any voluntary temporary absence or disability, the mayor shall appoint a qualified member of the administration mbor Il ilA�Jo f the city "' nA� n. to ... perform the duties of the mayor. Howe ,er', i., the event that the mayor does -hey o,. is orm the duties..f the - - during he to po ary abs mayor by a four fifths . _ t_ _ f li i`, s the„_i of.`iiee. {s) a) 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 saute 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. office of city manager, the mayor shall appoint the city manager, subject to the the city u e -t t_ tk i s sion's conducting a mayor's action by a fo then in office shall be able to remove the city manager. city commissio: (9) The Mayor shall, within ten days of taking office, designate a member of the administration to exercise all authority of the office of the Mayor, except for the veto power, in the event of a vacancy in the office of the Mayor. 23 Submitted into the public record for ite on City Clerk (10) To keep the city commission fully advised as to the financial condition and needs of the City. (-8,4 f 11) 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-ait-3f manager, 3 (12) 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. (13) Perform such other duties as may be prescribed by this Charter or be required by the Mayor or ordinance or resolution of the City Commission. (14) All references to the City Manager in the City Code of Ordinances shall be amended to substitute the word "Mayor." (h) Vacancy in the Office of the Mayor (1) Permanent vacancy resulting from death, resignation, recall, court order or other lawful action. If the office of the Mayor becomes permanently vacant by reason of death, resignation, recall or other lawful action, such vacancy shall be filled with the member of the administration designated by the Mayor pursuant to Section 4()(9) of this Charter. The designee shall exercise all authority of the office of Mayor and shall perform the duties and assume the responsibilities of that office, except for exercising a mayoral veto, until a special election is held, which shall be no more than 60 days after the vacancy is created. (2) Temporary vacancy resulting from disability, suspension, court order or other lawful action. If the office of the mayor becomes temporarily vacant by reason of disability, suspension, court order or other lawful action. the temporary vacancy shall be filled with the member of the administration designated by the Mayor pursuant to Section 4(g)(9) of this Charter. The designee shall exercise all authority of the office of Mayor and shall perform the duties and assume the responsibilities of that office, except for exercising a mayoral veto. If the elected Mayor is returned to office, the Mayor will automatically resume the duties of the office of the Mayor for the balance of the term to which elected. The existence of a disability incapacitating the elected mayor from performing the duties of the office shall be determined by an affirmative vote of at least 5 City Commission members based upon competent, substantial medical evidence. 24 Submitted into the publiccl s record fclr iter1t[s) on City Clerk (i) 0+) Salaries of the mayor and comnussiona. 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. 25 Submitted into the public c n record foil itenp`s) EXHIBIT 3 See. 5. The initiative and referendum. on J City Clerk (a) Power to adopt ordinances and repeal measures. The electors shall have power at their option to adopt chances, excluding ordinances relating to subject that would be precluded by law and to adopt the same at the polls, such power being know., as the a"-initiativ petitio „ and shall be rafted s heroin er pr ,ided to propose to the city commission passage of ordinances or repeal of treasures (including ordinances and resolutions), and to vote on the passage of ordinances or repeal of measures if the city commission refuses the requested action, such power being known as the "initiative,'" with regard to the power to adopt ordinances. and the "referendum.- with regard to the power to repeal measures, according to the following procedure: Any five registered voters may commence initiative proceedings by filing with the city clerk an affidavit stating they will constitute the on ttee of petition and be state the names a*d addresses of the metes of the committee of the petition and shall affidavit shall set out in full the proposed initiative ordinance. 1. Commencement of initiative and referendum proceedings. Any elector or group of electors may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating they will be responsible for circulating the petition and fling it in proper form. The affidavit shall state the name(s) and address(es) of the electors responsible for the petition and shall specify the name and address of the elector to whom all notices are to be sent. The affidavit shall set out in full the proposed ballot language. The city clerk and city attorney shall, without delay, approve or disapprove as to form the petition for circulation. 2. 033 Preparation of initiative or referendum petition; affidavit of genuineness of signatures. Signatures of 10 percent of the electors of the city registered -at -the -last general municipal election arc required for initiative petitions. The electors) circulating the petition shall, within 120 days of the approval of the forge of the petition, obtain the valid signatures of voters in the city in numbers at least equal to 10 percent of the registered voters in the city on the day on which the petition is approved, according to the official records of the County Supervisor of Elections. The signatures need not all be on one paper, but trust be in ink or indelible pencil and include the printed name and residence address of each signer and date signed. The proposed ordinance ballot language in full shonlel shall be attached to the petition for review of the signer. Each person circulating a copy of the petition shall attach to it a swom affidavit stating the number of pages and the number of signatures that he or she collected, and the fact that each signature was made in the presence of the person responsible for circulating the petition. The circulator of every such paper shall make an affidavit on each page in substantially the following form: 26 Submitted into the public record fo4 iten}(s) on City Clerk STATE OF FLORIDA COUNTY OF MIAMI DADE being duly swoa a ncl that he o she is the el to -oft► e (Signed) Subscribed and sworn to before me this Notary Public 19 day of shall constitute three of the petition for the puiposcs hereinafter Fieliiefh 3. (c) Filing of petitions. Within 20 days after the filing of a petition, the city clerk shall ascertain The signed petition shall be filed with the city clerk who shall within 20 days ascertain by examination the number of registered voters in the city whose signatures are appended thereto and whether said number is at least 10 percent of the total number of registered voters as shown by the registration records. The city clerk shall attach to said petition a certificate showing the result of said examination and give notice thereof in writing to one or iiorowrf the members of the committee of the petition to the elector designated as the elector to whom all notices are to be sent. If the number of signatures supporting the petition is shown to be insufficient, the petition may be amended once within 10 days from the date of said certificate by the filing of additional signatures. The city clerk shall, with 10 days after such amendments, make examination of the amended petition. The final finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. 4. (4) Submission of petition to city commission. Upon ascertaining that a petition is supported by a sufficient number of signatures, the city clerk shall so certify, and the city clerk shall submit the proposal to the city commission at its next meeting. Upon receiving the pfep proposal, the city commission shall proceed to consider it and shall take final action thereon within 30 days from the date the petition is certified by the city clerk. 5. (e) Election on initiated initiative proposed ordinances or referendum proposed repeals of measures. If the city commission fails to pass the „roposed an initiative proposed ordinance, or if it passes it in a form different from that set forth in the 27 Submitted into the public record fo�_itc$ ) City Clerk on petition, or if it fails to repeal a measure brought before it through the referendum process, then the ordinance initiative or referendum proposal shall be submitted in its original form by the city commission to the vote of the electors at the next election occurring not fewer than 30 days from the date of the final action by the city commission. If no election is to be held within six months from such date, and if the petition contains the valid signatures in numbers equal to at least 20 percent of the registered voters in the city, the city commission shall call a special election to be held not fewer than 34 45 days nor more than 120 days from such date. The result shall be determined by a majority vote of the electors voting on the proposal. 6.} Initiative and referendum ballots. The ballots used when voting upon any proposed ordinance shall state the substance thereof in clear, concise language, without rt ©udice; and shall provide only for a vote "yes" or "no." `Tiff theinance" nst the ordinance". If a majority of the eterter^ • oting on ,_::- such ordinance vote in favor thereof, it shall thereupon become an city. If a measure is being submitted for repeal, the ballot shall include the substance of the measure in clear, concise language. and shall provide only for a vote "yes" or "no". The result shall be determined by a majority vote of the electors voting on the proposal. When an ordinance proposed by initiative petition is passed by the city commission, but not in its original form, the ordinance as passed by the city commission shall not take effect until after the vote of the electors; if the ordinance so submitted is approved by a majority of electors voting thereon, it shall thereupon become an ordinance of the city, and the ordinance as passed by the city commission shall be deemed repealed. The following title shall be substantially the form of the ballot: TITLE OF WITH GENERAL FOR THE ORDINANCE. AGAINST THE ORDINANCE. (g) Number of ordinances to be initiated. Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this Charter. �,ib Conflict of initiative and referendum measures. If two or more measures adopted or approved at the same election conflict with respect to any of their provisions, all nonconflicting provisions shall go into effect. The provisions of the measure receiving the highest affirmative vote shall prevail over the conflicting provisions of other measures. Initiative and referendum measures; limitations on subsequent action by the city commission. An ordinance adopted by the electorate through the initiative process shall not be amended or repealed by the city commission for a period of two years after the election at which it was adopted, but thereafter it may be amended or repealed like any other ordinance. A measure repealed by the electorate through the referendum 28 Submitted into the public record fo ite (s) O , on City Clerk process shall not be reenacted by the city commission for a period of two years after the election at which it was repealed, but thereafter it may be enacted like any other measure. (4) Effective date of initiative and referendum measures. An ordinance proposed by initiative petition or the repeal of a measure by referendum petition shall be effective when the official results of such election are announced, except that: (i) Any reduction or elimination of existing revenue or any increase in expenditures not provided for by the current budget or by existing bond issues shall not take effect until the beginning of the next succeeding fiscal year; and (ii) Rights accumulated under a measure between the time a certified referendum petition against the measure is presented to the Commission and the repeal of the measure by the voters, shall not be enforced against the City. (e) Emergency measures. Measures passed as emergency measures shall be subject to referendum like other measures, except that they shall not be suspended from going into effect while referendum proceedings are pending. An eme gency measure subsequently repealed shall be deemed sufficient authority for any payment made or expense incurred in accordance with the measure previous to the appeal. 29 EXHIBIT 4 See. 6. The referendum. Submitted into the publicr f). record ite s) on [ I City Clerk city commission to a vote of the electors excluding measures relating to subjects that would be precluded by law. Such power shall known as the "referendum". Measures referendum in the same manner as other measures: Any five registered voters ritay commence referendum proceedings by filing with the city cleric an affidavit stating they will constitute the committee of the petition and be resf3ensible-for-eireulating-the-petitien-and-f-ding-it-in-proper form. The affidavit shall state the name and address of the member to whom all notices are to be sent. The affidavit shall set out in full the referred measure. (b) Referendum? petition. If within not less than ten days nor more than 30 days after the final passage of any measure by the city commission, a petition signed by 15 percent of the total number of voters registered at the last general municipal election as show,, r... e city registration records, is filed with the city clerk rcqucstin_ be repealed or be spitted to a vote of the electors, that measure or part shall not, except -in • emergency measure, become operative until the storm -indicated ': e ein ha v e been taken. at the last general municipal election ar°-reguir- referendur petitions areferred measure in full shall be attached to the petition- review o€-the gner,The sign tures of referendum petitions need not all bc on one paper, but the circulator of every sueh paper shall make an affidavit that each signature appended thereto is the geese signature of the person whose name it purports to bc. Each signature shall be in ink or indelible pencil and -shall include the date signed, the printed name and address of the signer. All such papers shall be the text of the measure or part of whic ordinance or part sought to be repealed and such asure shall be attached to the petition for review of the signer. The circulator of every such paper shall make an affidavit on each page in substantially tho following -fermi STATE OF FLORIDA COUNTY OF MIAMI DADE being duly sworn, deposes and says that he (or she) is the circulator of the foregoing petition paper containing -signatures, and that said signatures were 30 Submitted into the public, record fat, itel(.$) on '� (l',}�1� City Clerk made in his (or her) presence and arc the signatures of the persons whose names they purport to be. (Signed) - Subscribed and swam to beforemethis 1 1 Notary Public 20 day of All papers pertaining to any one mcasurc shall be filed in the office of the city clerk as ono instrument and shall have written or printed thereon the names and addresses of the committee of the petition who shall be officially regarded as filing the petition a4 who shah constitute the committee of the petition for the purposes hereinafter named. (d) Certification of petition. Within 20 days after thc filing of the petition, the city cleric shall ascertain by examination the number of registered voters whose signatures are appended thereto and whether said number is at least 15 percent of thc total number of registered voters as shown by the city registration records. The city clerk shall attach to such petition his or her certificate showing the result of such examination and give notice thereof in writing to the person designated to receive notices by the committee of the petition. If the number —of signatures supporting the petition is shown to be insufficient, the petition may be amended once within 10 days -from the date of said certi€1catc by the filing an amended petition with examination of the amended petition. (e) Referendum election. If the petition is found sufficient, the city commission shall proceed to reconsider such measure or such section thereof as the petition shall specify. If upon such reconsideration such measure, or such pat thereof, is not rep aled or amended as demanded -in the petition, the city commission shall provide for submitting the sarne, by the method -herein provided, to a vote of the electors at the next general municipal election occurring not less i measure, or such part thereof, shall thereupon be suspended from going into efft-unti aaid election and shall then be deemed repealed unless approved by a majority of those voting thereon. The city commission by a fear fifths vote may submit such measure or pert thereof with like effect to the electors at a special election to be called by said city commission not less than thirty days after the receipt of the city cleric's certificate. (f) Limitations on enforcement of ordinances. No measure shall go into effect until thirty days after its passage unless it is declared in such ordinance to be an emergency mcasurc on the ground of urgent public need for the pi=esctatien of peace, health, safety, or propeFty and the measure being passed by a vote of not less than four fifths of the members of the city polls or by the city commission in compliance with an initiative petition shall be regarded as (g) Form of ballot. The ballots used when voting upon such rcferend. - substance of the measure in clear, concise language, without argument or prejudice, and shall specify whether the measure is being submitted for approval or for repeal. If the measure is 31 Submitted into the public c record f s) on '� I I _ City Clerk berg submitted for approval, the ballot shall provide only for a vote "for the measure" or 11 provide only for a vote "for repeal" or "against repeal". (h) Emergency measures. Measures passed as emergency measures shall be subject to referendum like other measures, except that they shall not be suspended from going into effect g shall be deemed sufficient authority for any payment roc er expense incurred in accerdancc with them stether eal_ (i) Conflict of referred trtca5r cs. If twe er men measur-es adapted or approved at the same election conflict with respect to any of them' previsions, all nonconflicting provisions shall go into effect. The provisions of the measure receiving the highest affirmative vote shall prevail over the conflicting provisions of other measures. (j) Adoption or repeal. If a majority of the electors voting on any referendum vote to adopt or repeal any measure or part thereof, suck xIeaswc er pad shall thereupon be deemed adopted or o l ped ,- as the rase- be Sec. 6. Charter Amendment Initiative. (a) Pulver to amend the charter. The electors shall have power to propose and vote on amendments to the city charter, such power being known as the "charter amendment initiative," according to the following procedure: 1. Commencement of charter initiative proceedings. Any elector or group of electors may commence charter initiative proceedings by filing with the city clerk an affidavit stating they will be responsible for circulating the petition and filing it in proper form. The affidavit shall state the name(s) and address(es) of the elector(s) responsible for the petition and shall specify the name and address of the elector to whom all notices are to be sent. The affidavit shall set out in full the proposed ballot language. The city clerk shall, without delay, approve or disapprove as to form the petition for circulation. 2. Preparation of charter initiative petition: affidavit of genuineness of signatures. The elector(s) circulating the petition shall, within 120 days of the approval of the form of the petition, obtain the valid signatures of voters in the city in numbers at least equal to 10 percent of the registered voters in the city on the day on which the petition is approved, according to the official records of the County Supervisor of Elections. The signatures need not all be on one paper. but must be in ink or indelible pencil and include the printed name and residence address of each signer and date signed. The proposed ballot language in full shall be attached to the petition for review of the signer. Each person circulating a copy of the petition shall attach to it a sworn affidavit stating the number of pages and the number of signatures that he or she collected, and the fact that each signature was made in the presence of the person responsible for circulating the petition. 32 Submitted into the public cn record foi ite (s) on 1i2) () City Clerk 3. Filing of petitions. The signed petition shall be filed with the city clerk who shall within 20 days ascertain by examination the number of registered voters in the city whose signatures are appended thereto and whether said number is at least 10 percent of the total number of registered voters as shown by the registration records. The city clerk shall attach to said petition a certificate showing the result of said examination and give notice thereof in writing to the elector designated as the elector to whom all notices are to be sent. If the number of signatures supporting the petition is shown to be insufficient, the petition may be amended once within 10 days from the date of said certificate by the filing of additional signatures. The city clerk shall, with 10 days after such amendments, make examination of the amended petition. The final finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. 4. Election on charter amendment initiative proposals. If the petition is determined to be sufficient, the proposed charter amendment shall be submitted in its original form by the city commission to the vote of the electors at the next election occurring not fewer than 30 days from the date of clerk's determination of sufficiency. If no election is to be held within six months from such date, and if the petition contains the valid signatures in numbers equal to at least 20 percent of the registered voters in the city, the city commission shall call a special election to be held not fewer than 45 days nor more than 120 days from such date. The result shall be determined by a majority vote of the electors voting on the proposal. 5. Charter amendment initiative ballots. The ballots used when voting upon any such proposed charter amendment shall state the substance thereof in clear, concise language, and shall provide only for a vote "yes" or "no". The result shall be determined by a majority vote of the electors voting on the proposal. 6. Effective date. If any proposed charter amendment is ratified by a majority of the electors voting thereon, it shall become effective at the time indicated in the amendment and if no time is indicated therein, then it shall become effective when the official results of such election are announced. 33 Submitted into the public record for ite 1(s), on '7{ 6 1 1 . City Clerk EXHIBIT 5 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 third 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. 34 Submitted into the public record fo; iterp(s) t on City Clerk EXHIBIT 6 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, suspension, 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, except in the circumstances detailed in section (c), below, 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 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 provided 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 more than 60 days 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 first five (5) days not including Saturday, Sunday or legal holidays after the call of the election 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. Except in the circumstances detailed in section (c), Tthe person who receives the greatest number of votes for the office in said special election is elected to fill the vacancy until theelectionas provided in subsection (a) (1) of {2) of this section for the remainder of the unexpired term of office. (c) If a vacancy in any elected office is caused by forfeiture or suspension, the vacancy shall be filled in the same manner as described in sections (a) and (b), above, provided that if the elected official who has so vacated his or her seat is later absolved of the allegations of wrong -doing, that elected official shall be entitled to resume his or her elected position for the remainder of the unexpired term, if any. The individual who assumed the position previously vacated by that elected official shall resign from the assumed position to permit the original seat - holder to resume the office for the remainder of the unexpired term, if any. {e) fip 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 35 Submitted into the public record for itei(s) on 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. City Clerk 36 Submitted into the public record fo ire () + I on ! _. City Clerk EXFIIBIT 7 Sec. 14. - Commission may investigate official transactions, acts and conduct. Office of Citizen's Advocate. fa,) The mayor, city commission, or any committee thereof may investigate the financial transactions of any office or department of the city government and the official acts and conduct of any city official, and by similar investigations may secure information upon any matter. In conducting such investigations the mayor, city commission, or any committee thereof, may require the attendance of witnesses and the production of books, papers and other evidence, and for that purpose may issue subpoenas which shall be signed by the presiding officer of the city commission or the chair of such committee, as the case may be, which may be served and executed by any police officer. (b) For purposes of instilling heightened levels of ethics and transparency in the operations of the City of Miami, the City Commission shall, by ordinance, create and establish an Office of the Citizen's Advocate which shall. independent of the investigatory process set forth in (a) above, be authorized to receive and mediate complaints against City Officers (both elected and appointed), City employees, City Boards, Committees, and City Departments (including Divisions thereof) alleging violations or infractions of the City of Miami's Charter, City Code, Administrative Regulations, or other set of rules or laws governing the operation of such City personnel or government. For purposes of this section, any citizen or resident of the City may file such complaint either with the Citizen's Advocate as provided hereinabove, or present said complaint for filing in a court of law. Upon receipt of any such complaint. the Citizen's Advocate shall determine if it should be directed to the State Attorney, Miami -Dade County Ethics Commission, City of Miami Office of Independent Auditor General, Miami -Dade Office of Inspector General. City's Human Resources Department. or other appropriate body responsible for investigation of such alleged violation of law. The Citizen's Advocate shall also be responsible for receiving whistleblower complaints and coordinating same with the Miami -Dade County Ethics Commission. The Citizen's Advocate shall be appointed by and serve at the will of the City Commission, and shall be exempt from the classified service. The Citizen's Advocate shall be an experienced and competent member of the Florida Bar with at least seven years membership in the Florida Bar and is generally knowledgeable in Florida municipal law. 37 EXHIBIT 8 Submitted into the public record 1f r�i iSI ) on 7J City Clerk Sec. 18. - . Establishment and Reorganization of City Departments. The following administrative departments are hereby established by this Charter: (1) Department of law. Department of off-street parking; off-street parking board. a There is hereby created and established as an agency and instrumentality of the City of Miami, a new department to be named and known as the "Depai tment of Off Street Parking of the City of Miami" (hereinafter sometimes called the "department of off-street parking" or the "department"), and by that name it may sue and be sued, plead and be impleaded, contract and be contracted with and have an official seal; provided, however, that the department shall not commence business or exercise any of the powers granted by this act unless and until the city commission of the City of Miami shall by ordinance declare the need for the department and for the off-street parking board of the City of Miami hereinafter created. The department, which shall operate and function under the supervisory control of the board created and established in subsection (b) hereof, shall consist of a chief executive officer to be known as the "director of the department of off-street parking" (hereinafter sometimes called the "director of the department" or the "director") and such other officers and employees as shall be necessary to exercise the powers and perform the duties and functions of the department. ib) There is hereby created and established a board to be known as the "Off -Street Parking Board of the City of Miami" (hereinafter sometimes called the "off-street parking board" or the "board") which shall consist of five members. Each member of the board shall either reside or have his or her principal place of business in the city and shall be an individual of outstanding reputation for integrity, responsibility and business ability, but no officer or employee of the city shall serve as a member of the board while employed as such officer or employee of the city. Within thirty days after the city commission shall have adopted an ordinance declaring the need for the department and for the board, it shall appoint the members of the board, two of whom shall hold office for a term of two years, two of whom shall hold office for a term of three years, and one of whom shall hold office for a term of four years, and thereafter each member shall be appointed for a term of five years. as herein provided. At least twenty days prior to the date of expiration of the term of any member of the boardior within ten days after the death, resignation or removal of any such member, such member's successor shall be named and appointed by the remaining members of the board, subject to confirmation by the city corrunission of the city. In the event that any appointment so made shall not be confirmed by the city commission within ten days after notice of such appointment has been served upon the city commission, the appointment shall be null and void, and thereupon the remaining members of the board shall make a new appointment, or appointments, which shall likewise be subject to confirmation by the city commission and each member of the board shall be eligible for reappointment. The successor in each case shall be appointed and shall hold office for a term of five years from the date of expiration of the term of his or her predecessor, except that any person appointed to fill a vacancy shall serve only for the unexpired term. 38 Submitted into the public record fctr ite (s) on `1I 13 City Clerk Upon the effective date of his or her appointment, or as soon thereafter as practicable, each member of the board shall enter upon his or her duties, but before doing so he or she shall take the oath prescribed by law and shall execute a bond in the penal sum of ten thousand dollars (S 10,000.00) payable to the department and conditioned upon the faithful performance of the duties of his or her office, which bond shall be approved by the city commission of the city and filed with the city clerk, the cost of the premium on any such bond to be treated as part of the cost of operating the department. The members of the board shall each be paid a salary of fifty dollars ($50.00) per annum, or such larger sum as the city commission may establish by ordinance, payable in monthly installments. Any member of the board may be removed by the city commission of the city for good cause and after proper hearing by the city commission, but if so removed, may apply to the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, for a review of the action of the city commission. (c) The board shall have the powers, duties and responsibilities customarily invested in the board of directors of a private corporation, and shall exercise supervisory control over the operation of the off-street parking facilities of the city, and all acts of the department and of the director with respect to such facilities shall be subject to the approval of the board. The board shall elect one of its members to serve as chair of the board, shall make appropriate rules and regulations for its own government and procedure, and shall hold a regular meeting_at least once a month and such special meetings as it may deem necessary, and all such meetings shall be open to the public. (d) From and after the date of appointment of the first member of the board, the department shall operate manage and control the off-street parking facilities of the city and all properties pertaining thereto now owned or hereafter acquired or constructed by the city or by the department and shall succeed to and exercise all powers vested in and succeed to and perform all functions and duties imposed upon the department of off-street parking of the city by and under the provisions of this act. Upon the adoption by the city commission of an ordinance declaring the need for the department and the board, all powers, functions and duties relating to such off-streetparking facilities and properties pertaining thereto then vested in the city or any of its departments officers, including but not limited to the exercise of the power of eminent domain, shall be and are hereby transferred to the department, and all books, records and papers now existing or hereafter acquired in the operation and maintenance of said facilities or relating thereto shall be the property of and under the jurisdiction and control of the department; provided, however, that nothing contained in this section shall be deemed to vest in the department the power to establish end fix rates and charges for off-street parking service furnished by the off-street parking Facilities of the city or the power to issue revenue bonds. The department shall have full power and authority to acquire, own, use, hire, lease, operate and dispose of real property and personal property and of any interest therein, including the power to acquire by eminent domain proceedings lands or any interest therein and rights -of -way and easements upon, in, along or across any public street, road or highway for the purpose of constructing, maintaining or Pperating off-street parking facilities as shall be necessary in the judgment of the off-street Parking board, and to make and enter into all contracts necessary or incidental to the exercise of is powers and the performance of its duties and functions with respect to the operation, 39 Submitted into the public record far ite on 1 City Clerk management and control of said facilities, and to promulgate and enforce appropriate rules and regulations governing the utilization of the services of the off-street parking facilities of the city. (e) The director shall be appointed by and shall hold office at the will of the board. Such person shall be of good moral character and have an excellent reputation for integrity, responsibility and business ability, but no member of the board shall be eligible for appointment as director. The director shall receive such salary, payable to him or her in equal semi-monthly installments, as shall be fixed by the board. Before entering upon his or her duties, the director shall take any oath and execute any bond prescribed by law. The director shall act as the chief executive officer of the department, shall devote his or her entire time and attention to the duties of his or her office and shall not engage actively in any other business or profession. Subject to the direction and approval of the board, the director shall have general supervision over and be responsible for the operation and maintenance of the off-street parking facilities of the city and shall exercise the powers vested in and perform the functions and duties imposed upon him or her as herein provided. The director shall attend all meetings of the board, shall furnish to the board and the city commission of the city a monthly report with respect to the operation, maintenance and financial condition of the department of off-street parking, and shall from time to time have prepared and shall furnish such reports, audits and other information relating to said facilities as maybe required by the board. In the event that the director shall for any reason be temporarily incapable of exercising the powers and of performing the duties and functions of his or her office, the board may appoint an acting director to exercise such powers and to perform such functions and duties until such incapacity of the director shall be terminated. ff) Subject to the approval of the board, the director shall employ such additional executive and operating assistance, including engineering and other experts and professional assistance, as shall be necessary to provide for the efficient operation of the department. Included in the personnel to be employed, there shall be the following subordinate officers whose positions shall be in the unclassified service of the city: (1) A treasurer, who shall perform the functions and duties customarily performed by the treasurer of a private corporation. The treasurer shall be responsible for all funds of the department, for all accounts and accounting records relating to the department and its operation, and for the preparation of all checks and vouchers requisite to the operation of the department. (2) A secretary, who shall perform the functions and duties customarily performed by the secretary of a private corporation. The secretary shall have charge and custody of the official seal and of all books, records, documents and papers of the department other than those required to be in the custody of the treasurer. He or she shall attend in person all meetings of the board, and shall keep a correct record of all the proceedings of the board, and shall perform such other duties as may be assigned to him or her as secretary by the board. (g) The city attorney shall act as general counsel for the department and for the board in all matters of law which may arise, and shall prosecute or defend all suits brought by or against the city or the department or the board which relate to the off-street parking facilities of the city. Special counsel as shall be deemed necessary by the city attorney may be employed by the 40 Submitted into the public record f r ite s) , on City Clerk director subject to the approval of the board, city attorney and city commission. Such special counsel shall serve under the direct supervision and control of the city attorney. (h) All budgets, funds and accounts pertaining to the off-street parking facilities of the city shall be segregated from all other budgets, funds and accounts of the city and shall be so kept that they shall reflect the financial condition and the operation of each off-street parking facility of the city separately. Not later than one month before the end of each fiscal year the director, with the approval of the board, shall prepare and submit to the city commission of the city a budget estimate of expenditures and revenues for the ensuing fiscal year in the same form and like manner as all other departments of the city for approval by the city commission with the exception, however, that such budget estimate will be submitted directly to the city commission of the city for its approval. (i) All expenses incurred by the department and by the board in exercising their powers and performing their functions and duties shall be paid solely from the revenues of the off-street parking facilities of the city and no liability or obligation not payable from the revenues of said facilities shall at any time be incurred in connection with the operation thereof. (j) Should there occur in any fiscal year an excess of revenue over expenditures required for operation, maintenance, required reserves and debt service, then such excess revenues shall, subject to the provisions of any ordinance of the city commission of the city authorizing the issuance of parking facilities revenue bonds of the city, and to the provisions of any trust indenture or trust agreement securing such bonds, be paid into the general funds of the city. (k) All powers and rights conferred by this section shall be in addition and supplemental to those conferred by any other general or special law and shall be liberally construed to effectuate the purposes hereof; and the department and the board shall have power, in addition to exercising the powers expressly conferred in and by this section, to do all things necessary or convenient to carry out the purposes hereof. (2) Reserved. Department of fire -rescue. (a) Depai Invent Director. The city manager is hereby authorized to appoint a director of the department of fire -rescue who shall serve subject to the supervision and control of the city manager. The fire chief shall be the director of the department of fire -rescue, and appointed in accordance with the provisions set forth herein. (b) Removal. The city manager shall have the exclusive right to suspend the fire chief for incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority, or for any other just and reasonable cause. If such chief be so suspended, the city manager shall forthwith certify the fact to ether with the cause of suspension, to the commission who, within five days from the date of receipt of such notice, shall proceed to hear such charges and render judgment thereon, which judgment shall be final. (c) Compliance with state taw. If the chief is arrested for felony or for a misdemeanor related to the duties of office or is indicted or informed against for the commission of a federal 41 Submitted into the publics fl record fair itefi{s) , on City Clerk felony or misdemeanor or state felony or misdemeanor, the provisions of F.S. § 112.51(2) shall apply. (d) Powers and duties. Subject to the supervision and control of the city manager in all matters, the director of the department of fire -rescue shall administer the affairs of the department, which shall include the immediate direction and control of the fire force, and is charged with responsibilities for the prevention, control and suppression of fire, and providing emergency medical and rescue service in the city. The responsibilities of the department shall include, but not be limited to, the activities of fire administration, fire training, fire prevention, firefighting, maintenance and operation of fire equipment and coordination of the installation of new fire hydrants as well as maintenance of existing fire hydrants. (3) Reserved. Police Department. (a) Department director. The city manager is hereby authorized to appoint a director of the police department who shall serve subject to the supervision and the control of the city manager. The chief of police shall be the director of the police department. (b) Removal. The city manager shall have the exclusive right to suspend the chief of police for incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority, or for any other just and reasonable cause. If such chief be so suspended, the city manager shall forthwith certify the fact, together with the cause of suspension, to the commission who, within five days from the date of receipt of such notice, shall proceed to hear such charges and render judgment thereon, which judgment shall be final. (c) Compliance with State Law. If the chief is arrested for a felony or for a misdemeanor related to the duties of office or is indicted or informed against for the commission of a federal felony or misdemeanor or state felony or misdemeanor, the rovisions of F.S. 112.51(2) shall apply. (d) Powers and duties. Subject to the supervision and control of the city manager in all matters, the director of the police department shall administer the affairs of the department which shall include the immediate direction and control of the police force, and he is charged with responsibilities for the prevention, control and suppression of crime in the city. The responsibilities of the police department shall include, but not be limited to, the activities of police administration, traffic control, police patrols, training, criminal investigation, police property, police records and the communications center. (4) Department of public safety. Department of finance. (a) Department director. Subject to the supervision and control of the city manager, the director of finance shall have charge of the department of finance and shall administer the financial affairs of the city, including the keeping and supervision of all accounts. the levy, assessment and collection of revenues, the making and collection of special assessments, the custody and 42 Submitted into the public record fon item on City Clerk disbursement of city funds and monies, the control over expenditures, and such other duties as the city manager may direct. (b) Form and manner of keeping accounts and making reports. Accounts shall be kept by the department of finance showing the financial transactions of all departments and offices of the city. The forms of all such accounts and the financial reports rendered to or by the department of finance shall be prescribed by the director of finance with the approval of the city manager. The accounts and accounting procedure of the city shall be consistent with the pronouncements of the Governmental Accounting Standards Board and accounting principles as generally accepted in the United States. (5) Department of finance. Reserved. For any other departments not otherwise established pursuant to this Charter, the City Commission may, by ordinance adopted by vote of at least three members of the City Commission, create new departments or discontinue any department created by ordinance and determine, combine, and distribute the functions and duties of departments and subdivisions thereof. 43 Submitted into the public record fo ite ( on City Clerk EXHIBIT 9 Sec, 19. Office of the City Attorney. (1) The Office of the City Attorney is hereby created by this Charter: The city attorney shall be the director of the department of law and an attorney -at -law in good standing -admitted to the practice in the State of Florida for at least ten (10) years. The city attorney shall be the legal advisor of and attorney and counsel for the city, and for all officers and departments thereof in matters relating to their official duties, and for every City agency, authority, advisory board, regulatory board, quasi-iudicial board, semiautonomous instrumentality, committee, task force, or any other similar body created and funded in whole or in part by the City Commission unless otherwise stated in the Charter. The city attorney shall prosecute and defend all suits, complaints, and controversies, for and ift on behalf of the city, including all municipal violations, and shall prepare all contracts, bonds and instruments in writing in which the city is concerned and shall endorse on each approval of the form and correctness thereof. shall have such number of assistants as the city commission by office -yew fa_ the, • ara applic ble thereto, as are required of the prosecuting attorney of the county. When required to do so by the resolution of the city corrunission, the city attorney shall ordinance, be directed to pr-eeectte or defend. The mayor, city commission, the city manager, the director of any department, or any officer or board not included within a department, may require the opinion of the city attorney upon any question of law involving their respective powers and duties. The city attorney shall be a full-time governmental employee; shall not engage in the private practice of law; and upon his or her election by the city commission shall serve at the will of the City Commission or until the time that a successor has been appointed by the City Commission. Charter which follows the next general municipal election. All employees of the Office of the City Attorney shall be unclassified employees and shall be selected, appointed, and employed in the sole discretion of the City Attorney. The City Attorney shall have the right to discharge, remove, and replace any employee of the Office of the City Attorney, and any counsel retained to represent the City, at any time without cause. 44 EXHIBIT 10 Sec. 21 Depa -tment e l Submitted into the public record fo ite s) T, on City Clerk attorney and counsel fer the city, and fer all ulcers and departments thereof in natters relating to their official domes, The city at4eFacy shall prosecute and defend all sprits for and in behalf of concerned anEl shall cndei•se ear each approval of the farm and correctness thereof. The city attorney shall be the prosecuting attorney of the municipal court. The city same duties, so far as they arc applicable thereto, as afc required of the prosecuting attorney of the county. the city is a party, and such other suits, mat* d he shallby ` olutio" azvx ;,r ordinance, be directed to prosecute or defend. The Mayor, city commission, the city manager. th a ireet ref any depa' Lnient, o_ officer or board not included within a department, may require the opinion of the c uponant not on o f.! w i oly ng their re pe,.tiye nd duticn �i4JrJVV ti Y Y�.ev vv •.N u++u uwu W.a. The city attorney shall be a full time overn , shall of the time for the election of the city officials specified in section 1 next general municipal election. 45 Submitted into the public record fo i e ) on f } City Clerk EXHIBIT 11 (a) h hereby ^ eated nd e t abide d as an agency and mentality of the City of tiTl._._._.�-_..._.-._..+ the -City of Miami" (hereinafter : emetirnes called the "department of off street parking" or the continence business or exercise any of the powers granted by this act unless and until the city commission of the City of Miami shall by ordinance declare the ne inafter created. The department, which shall operate and function under the vupervisory control of the-beard-ereated-and-estahlisheel-in subsection (b) liereo , 11 ± f street parking" (hereinafter somcti '" ti (b) There is hereby created and established a board to be kTiown as the "O ccrarx t= et Par Board of the City of Miami" (hcFeinafter SOMCtiffteS called the "off street paFleing board" or the "board") which shall consist of five mber� Eac h m 1 hall a ther reside o. z�r uvula ., have his or her principal place of buai-nesu ix t' `t t, t. ndivi ua of out t-an` ing appointed for a teen of five years, as herein provided: within ten days after the death, resignation or removal of any such meter, suet, „'ernber's confirmation by the city commission of the city. In the event that any appointment -se -made -shall not be confirmed by the city commission within -ten -days after notice of such appoints been served upon the city commission, the appointment shall be null and void, and thereupon the _ .s. :.ointment. The successor in each case shall be appointed and s 3 , shall take the oath prescribed by law and shall execute a bond in the penal ,um -of -ten -thousand -dollars ($10,000.00) payable to the department and eanditioncd upon the faithful perfonnance of the 46 Submitted into the public3Q l record fort iteo on '1 i} 11L• City Clerk cost of -operating the department. _ VAA [xA .] �W-/v �vf' tl vA acuaaa..a, va vwr larger sum as the city commission may establish by ordinance, payable in n,ontr,ly in ta1l'm enter Any member of the board may be removed by the city cat of the city for good cause and a-fter proper hearing by the city commission, bat -if so removed, may apply to the Circuit Court of (c) The board shall have the power , t -d b•l iti „`oma iIy i estea `n the board respect to such facilities sh of its members to serve as chair of the beard, shall make appropriate rules and regulations for its special meetings as it may deem necessary, and all sack meetings shah be open to the public. i JI AAA..AAL.,. r ....... ....... .... ... � ». _ operate, manage and control the off street parking facilities of the city and all properties, pertaining then department and shall succeed to and exercise all powersested i n •' R eed erfrm to µnu all p,..A..,AAAA „ • the pfevisions of this act. Upon the adoption by the city commission of an ordinance dcclarin proporti g the etc th_„ ted tha ;ty any of its dep but not limited to the- exercise of the power of eminentall be and are hereby nothing contained in this section shall be deemed to vest in the department th . .- end fix rates and charges i=or—a treed g seta-i e fan ishea byte off strut .,rking and authority to acquire, own, use, hire, lease, operate and dispo o of real property and perao at property and of any interest therein, including the power to acquire by eminent domain blic street, road or highway for the purpose of co d enter into all- contracts necessary or incidental to the e erci e of (e) The director shall be appointed by and shall hold office at the 47 Submitted into the public C,Q record f r4ites) on City Clerk director shall receive such salary, payable t-e him or her is equal semi monthly installments, as a te. ing „ , : 1�er dut•a the direct. shan_t t; any shall be fixed by the bo��err� ��_�.� "> 1. _ Y gage actively-in--any-nther-lansiness--nriarefessien,Sulaj-eet-te-the-direetien and approval of the board, the director shall have general sups .i and-' e responsible for powers vested in and perform the functions and duties impesed upon him er her as herein may be required by the board. incapacity of the director shall be terminated. (f) Subject to the approval of the board, the director shall employ such additional executive and be necessary to pievid . thc efficient operation of the department. Incl. feel i.. the personnel to he employed, there shall be the following subordinateeLL ition� hall be in the "i Sc pisii>•s c9ss r �nsx s'roc unclassified service of the city: department, for all accounts and accounting records relating to the department and its operation, and for the preparation of all checks and vouchers re {2) A secretary, who-s „ the f;, ti. „a -iiJt �a il, pe`f rm b he 4V ii and of all books, records, documents and papers of t , shall- keep a correct record of all the proceedings of tl, board, aria sh, ll perf Fm such other duties as may be assigned to him or her as secretary by the board. counsel shall serve under the direct supervision and control of the city attorney. be segregated from all oth , ..tall .-efleet the tinaneial - di ion, and thc operation of each off street parking f cility of't1' city v 48 Submitted into the public record fpr itr;t(s) on City Clerk shall prepare and subrxut `o the ei .�..t t e y a bud _ y gc of the city for its approval. parking facilities of the city and no liability or obligation not payable from the revenues of said Facilities shall at any time be incurred in connection with the operation thereof subject to the provisions of any ordinance of the city commission of the eity autorizing the issuance of parking facilities revenue bonds of the city, and to the provisions of any trust indenture or trust agreement securing such bonds, be paid into the general -funds -of -the-city, conferred by any other general or special law and shall be liberally cons ucelto cif ctuate the b powers expressly conferred in and by this section, to do all things necessary or con• carry out the purposes hereof. 49 EXHIBIT 12 Submitted into the public record foi itenj(, on City Clerk Subject to the -supervision and control of the e-i y t3anag,er i al•1 ems, *the head ogre. auuaaaaysaa.arv.•,. ...r....., ........ ......, .�.�.� .p, ��"r""—J `"_ regulations as may be ordained by the c' immediate direction and control of the police few subject te the supers4 ion of the Feescr e d r gr' .he chic f of peke , l promul ate of the police force, other than the chief, shall be selected f eth the 1i t of el gib1e , niay--preseribepfevided, that in case of riot the di ctne public safety may appoint additional pat inien-anddofff fertemporary sseryiee, who nee., , o be. the classified service. Each me er-e€-the-po iee ee-bow—and-fie, sh ae receive a warrant , No person, except as otherwise provided by general law or this Charter, shall act as special police or special detective except upon written authorityfrom the directo of „Y�blic„ta.. safety. Such authority, when conferred, sha4 b e ed only a nder the direct =d control of the chief of police and for a time specified in the appointment. T-1 b r aid-eity shall be in ested with all the powered authority necessary for enforcing the ordina„cea of paid city The chief of police or any police officer of escnco of such officer, and when knowledge of the vio,ati of rdi id cit l �ci. vcf uu ys C g 50 Submitted into the public I on City y, Clerk and employees as the city manager may de the fire chief the director of public safety shall pfe vulgate all orders, rules and regulations for the nt f the fire departm zx.. The members of `he fre le„artmen,-othcr—than the chief, shall be appointed from the list conflagratien or emergency, the directs of public safety may appoint additional The chief of the fi epartme„t and .;s . ista„ts-nr-e .,utheri,ed t, a e e t► e appointment shall be stated, and such warrant sha fire department to order and direct such building or any ether building which he or she such buildings, to be pulled down or destroyed and no action shall be maintained 51 Submitted into the pubIiec l record foriter - _Jr, on 71 / 1 City Clerk EXHIBIT 13 See "1c eun ., dithi ns of police . nd lire The chief of police and fire chief shall have the rght and power to suspend any of the officers and einployccs in their respective division who may b u der thei„ F anagement_a d control for incompetence, neglect of d„ty ralit., dui,iken`^e ailure to obey orders_gi en suspended as herein provided, the chief of the di h ll f r its riting b certify the fact together with the cause of suspen iex, to the dir-ecter- e#' public fety, who shall suspension, reduction in rank or dismissal. The director of public safckty in any investigation shall have the power to adrnini The employee shall be allowed the same appeal procedure as se guilt or innocence of the person suspended, may authorize the civil service board to conduct a hearing upon the suspension charges prefez red by the chiefs of fire or police and to report its findings and recommendations back to city b director o blic--s y ty manager director of public safety then shall pass judgment upon the person suspendee after 52 Submitted into the pubiica record fo ite () , 1, on f 1 City Clerk EXHIBIT 14 The city manager shall have the exclusive right to suspend the chief of polie and fre chi f for incompetence, neglect of duty, immorality, drunkenness, failure to ebcy orders given by proper authority, or for any other just and resonabk cause. If either of such chiefs be so suspended the city manager shall forthwith certify the fact. together withthe cauae e f s„spe aion, to the commission who -within five (5) days frein the date of receipt -of such notice, shall proceed 53 Submitted into the public C.,,f) record f r ite s) on City Clerk EXHIBIT 15 Sec. 29-B. ,. City -owned property sale or lease—Generaily. Notwithstanding any provision to the contrary contained in this Charter or the City Code, and except as provided below, the city commission is prohibited from favorably considering any sale or lease of property owned by the city unless there is a return to the city of fair market value, as determined by two independent appraisals performed by state certified appraisers, under such proposed sale or lease. The city commission is also prohibited from favorably considering any sale or lease of city -owned property unless (a) there shall have been, prior to the date of the city commission's consideration of such sale or lease, an advertisement soliciting proposals for said sale or lease published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals from prospective purchasers or lessees, said advertisement to be no less than one-fourth ('I) page and the headline in the advertisement to be in a type no smaller than 18-point and, (b) except as provided below, there shall have been at least three (3) written proposals received from prospective purchasers or lessees; however, if there are less than three (3) such proposals received, and if the guaranteed return under the proposal whose acceptance is being considered is equal to fair market value, as determined by two independent appraisals performed by state certified appraisers, and the city commission determines that the contemplated sale or lease will be in the city's best interest then, subject to the approval of a majority of the votes cast by the electorate at a referendum, the sale or lease may be consummated. Any lease for the development of improvements of city -owned property which has been approved by voter referendum shall require additional voter referendum approval for a development on City -owned property where the developer has not obtained the necessary building permits within four (4) years of the effective date of the lease. Such section shall not be applicable when the delay in the performance of any obligation is as a result of force majeure, or litigation that questions the validity of the vote, or the City Commission action to place the question for referendum, then the performance of such obligation shall be extended by the length of the delay. In the case of city -owned property which is not waterfront, when the value of such property to be sold or leased (individual leaseholds within a single city -owned property shall not be considered as a single parcel of property for such valuation purposes) is five hundred thousand dollars ($500,000) or less, based on an appraisal performed by a state -certified appraiser, the city commission, by a 4/5ths affirmative vote, may sell or lease said city -owned property after compliance with the advertisement requirements set forth above but without the necessity of a referendum. The above provisions and any other city requirements for competitive bidding shall not apply when: (a) conveying property to implement housing programs or projects which are intended to benefit persons or households with low and/or moderate income, the criteria of which to be provided for by federal and/or state law or by the city commission; (b) conveying property to implement projects authorized under the Florida Community Redevelopment Act of 1969, as amended; 54 Si hrn;tt@d into the public record re ite on (c) conveying property to implement projects of any government, governmental agency or instrumentality. For purposes of this subsection only, the term "City" as used above, is defined to include the City Commission and any agency, board, or instrumentality of the City of Miami; y acquired as a result of foreclosure; (e) disposing of property acquired in cectio ith del; nt tonti.0 r -wh ch amended; and } (d) disposing of non -waterfront property to the owner of an adjacent property when the subject property is 7,500 square feet or less or the subject non - waterfront property is non -buildable. Notwithstanding anything herein to the contrary, the city commission, by a 415ths affirmative vote, may: twenty five percent of the original term or ten years, whichever is less. The determined by the city at the time of such extension and not being in default amend the Lease Agreement between the City of Miami and Biscayne Bay Restaurant Corp., d/b/a Rusty Pelican, dated February 13, 1970, as amended, to (i) extend the lease for an additional term of fifteen (15) years, with the option to renew for two (2) additional five (5) year periods, (ii) increase the amount of the minimum guarantee to the City to at least $360,000 per lease year effective upon execution of the lease amendment, and (iii) require Rusty Pelican to complete capital improvements to the property, including a public baywalk, in the amount of not less than $3 Million, within twenty-four (24) months of the effective date of the lease amendment, City Clerk Notwithstanding anything in this Charter to the contrary, the City may enter into leases or management agreements, for any City -owned submerged lands, with entities having a possessory or ownership interest in the abutting riparian uplands for building marinas, docks or like facilities, using methods adopted by ordinance on the condition that such leases or management agreements result in a return to the City of at least fair market value. 55 EXHIBIT 16 Sec. 51. - Civilian investigative panel. Submitted into the publin record fo ite on 7 1 City Clerk The city commission shall, by ordinance, create and establish a civilian investigative panel to act as independent citizens' oversight of the sworn police department, to be: (A) Composed of an appointee of the chief of police who is not a City of M: police officer, and exclusively of a number of (i) twelve (12) civilian members d who shall be nominated by the pie civilian investigative panel and appointed approved by the city commission and (ii) a thirteenth (13th) member who shall be an appointee of the chief of police who is not a City of Miami police officer; (B) Advised by independent counsel Staffed with professional personnel, including but not limited to: (i) an executive director who shall serve as chief executive officer. and (ii) an independent legal counsel who is an experienced and competent member of the Florida Bar with at least seven years membership in the Florida Bar and is generally knowledgeable in municipal law, both of whom shall be and appointed by and subject to removal by the panel with the approval of the city atte with -authority to . emo r e by -the city attorney city commission; (C) an annual approved budget Operated on an annual budget established by the City Commission, by ordinance, that will allow the panel to maintain its independence and perform its charter mandated functions, with sufficient professional staff, while taking into account the City Manager's declaration of a fiscal emergency, a financial urgency, or financial emergency in the city; (D) Authorized by vote of the CIP with "subpoena powers" that may only be used upon the and in "consultation" with the state attorney of Miami -Dade County, further, to issue subpoenas for allegations which are criminal in nature, provided that the CIP may not confer immunity and must advise all city employees appearing before it that no adverse employment consequences will result from the valid exercise of their right to be free from self incrimination, and, further, all that no actions of the CIP ;hall not may interfere with any pending or potential criminal investigation or prosecution; and (E) Authorized to: (1) Conduct independent investigations of allegations of police misconduct and police uses of force resulting in death or great bodily harm to a person, (2) Conduct independent investigations of other matters pertaining to repeated issues of conduct by City of Miami police officers; ineidents or event term, prob!eni involving the police that affect the community; (2) Review ant] f ke ndatiens d: - policies of the police department policies and practices, and 56 Submitted into the publicc__ Q record fed', itr�S� t J 1 on City Clerk (4) Make written requests and recommendations regarding the CIP's reviews and investigations to the city manager andior directly to the police chief, to which the police shall issue a timely written response Shall be received within 3-0 45 days. 57 EXHIBIT 17 Sec, 52. Citizens' Bill of Rights: Submitted into the public record f r ite s) on City Cleri, (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 City adopts the provisions of the Miami -Dade County Citizens Bill of Rights as applied to municipal governments located within Miami -Dade County and guarantees the following additional rights are to its Citizens guaranteed: 1. To Be Governed By The Rule of Law. The City of Miami Charter is the Constitution of the City of Miami and the City shall abide by all of its express provisions. 44. 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. 43. Speech, Assembly and Press. The City shall not interfere with the rights: (i) of freedom of speech; (ii) of freedom of the press; (iii) to petition the government, or (iv) to peaceable assembly. 34. Unreasonable Searches and Seizures. The City shall not authorize any unreasonable search or seizure. 45. 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. 46. 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. 67. 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, land 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 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. 58 Submitted into the publics record fr ite(s) on City Clerk (C) Remedies for violations. Citizens of the City shall have standing to bring legal actions to enforce the City Charter, the Citizens' Bill of Right. and the Miami -Dade County Citizens' Bill of Rights as applied to the City. Such actions shall be filed in Miami -Dade County Circuit Court pursuant to its general equity jurisdiction and, if successful, the plaintiff shall be entitled to recover costs, but not attorney's fees, 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 or her office or employment. In any suit by a citizen alleging a vim of this Bill of Right_ l_ed in the Dade County Circuit Court pursuant to its general equity jurisdiction, the plaintiff, if employee who is found by the court to have willfully violated this article- shall forthwith forfeit his or her office or employment- (D) Construction. All provisions of this article shall be construed to be supplementary to and not in conflict with the general statutory 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. (E) Charter Review and Reform Commission. (1) Creation; purpose. The City Commission shall, by ordinance, create and establish a Charter Review and Reform Commission for the purpose of conducting a comprehensive review of the City Charter and providing the City Commission with a written report setting forth its recommendations as to any proposed amendments or revisions to the City Charter. (2) Meetings. The Charter Review and Reform Commission shall meet every eight (8) years commencing in 2022. (3) Composition. The Charter Review and Reform Commission shall consist of thirteen (13) members, two appointed by each member of the City Commission. one "at large" member appointed by the City Commission, one appointed by the Mayor, and one appointed by the City Manager. Each appointee shall be an elector of the City and serve without compensation. (4) Delivery of Report. The Charter Review and Reform Commission shall deliver its written report to the City Commission in time to enable the City Commission to review and debate the report at a public meeting and present any amendments or revisions to the City Charter, that the City Commission approves for referendum. 59