HomeMy WebLinkAboutR-17-0258City of Miami
Resolution R-17-0258
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2292 Final Action Date: 5/25/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING
RESOLUTION NO. 16-0433, ADOPTED SEPTEMBER 8, 2016, IN ITS
ENTIRETY; DIRECTING THE CITY ATTORNEY TO PREPARE AN
AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CHARTER"), FOR CONSIDERATION AT THE SPECIAL
ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL MUNICIPAL
ELECTION SCHEDULED FOR NOVEMBER 7, 2017, PROPOSING, UPON
APPROVAL OF THE ELECTORATE, TO AMEND SECTION 12 OF THE
CHARTER, ENTITLED "FILLING VACANCIES FOR MAYOR AND
COMMISSION," TO PROVIDE THAT A CANDIDATE ELECTED IN A SPECIAL
ELECTION FOR THE PURPOSE OF FILLING A VACANCY IN THE OFFICE OF
MAYOR AND CITY COMMISSION SHALL SERVE FOR THE REMAINDER OF
THAT UNEXPIRED TERM AND ALLOWING ELECTED OFFICIALS WHO ARE
ABSOLVED FROM ALLEGATIONS OF MISCONDUCT TO IMMEDIATELY
RESUME THEIR POSITION FOR THE REMAINDER OF THE UNEXPIRED
TERM.
SPONSOR(S): Commissioner Wifredo (Willy) Gort
WHEREAS, the City of Miami ("City") was incorporated by the Florida Legislature in
1896 and operates pursuant to the Charter of the City of Miami, Florida ("Charter"); and
WHEREAS, the Charter has been amended from time to time as the governance of the
City has evolved; and
WHEREAS, the City Commission believes a proposed amendment to Section 12 of the
Charter to provide that a candidate elected in a special election for the purpose of filling a
vacancy in the Office of Mayor or City Commission shall serve for the remainder of that
unexpired term is appropriate; and
WHEREAS, the City Commission believes a proposed amendment to Section 12 of the
Charter to provide that if an elected official who has vacated his or her seat based on
allegations of wrong -doing and 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; and
WHEREAS, pursuant to Section 2-112(c) of the Code of the City of Miami, Florida, as
amended ("City Code"), a special election upon said amendment shall occur not less than sixty
(60) or more than one hundred twenty (120) days after the draft is submitted to the City
Commission; and
City of Miami Page 1 of 2 File ID: 2292 (Revision: A) Printed On: 3/21/2025
File ID: 2292 Enactment Number: R-17-0258
WHEREAS, the City Commission wishes to submit the above -mentioned proposed
amendment to the electorate, for approval or disapproval, at the Special Election to be held
concurrently with the General Municipal Election scheduled for November 7, 2017; and
WHEREAS, Resolution No. 16-0433 is rescinded to clarify that the Charter Amendment
shall apply to vacancies occurring in the Office of Mayor and City Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Pursuant to Section 2-112 of the City Code, the City Attorney is directed to
prepare an amendment to the Charter for consideration at the Special Election to be held
concurrently with the General Municipal Election scheduled for November 7, 2017, proposing,
upon approval of the electorate, to amend Section 12 of the Charter, entitled "Filling Vacancies
for Mayor and Commission," to provide that a candidate elected in a special election for the
purpose of filling a vacancy in the Office of Mayor or City Commission shall serve for the
remainder of that unexpired term, and to provide that if an elected official who has vacated his
or her seat based on allegations of wrong -doing and 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.
Section 3. The City Attorney is directed to present said amendments to the City
Commission at the July 13, 2017 City Commission meeting for approval.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City ttor ey 6/2/2017
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File ID: 2292 (Revision: A) Printed on: 3/21/2025