HomeMy WebLinkAboutR-17-0319City of Miami
Resolution R-17-0319
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2505 Final Action Date: 7/13/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A
PROPOSED CHARTER AMENDMENT AMENDING THE CHARTER OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"); SPECIFICALLY
PROPOSING TO AMEND SECTION 36 OF THE CHARTER, ENTITLED "CIVIL
SERVICE," TO INCLUDE EMPLOYEES OF THE OFFICE OF INDEPENDENT
AUDITOR GENERAL ("OIAG") IN THE UNCLASSIFIED SERVICE; CALLING
FOR AND PROVIDING THAT THE CHARTER AMENDMENT WILL BE
SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL
ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL MUNICIPAL
ELECTION SCHEDULED FOR NOVEMBER 7, 2017; DESIGNATING AND
APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF
THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER
REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY
CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO
BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE
COUNTY, FLORIDA NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO
THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE
EFFECTIVE DATE FOR THIS RESOLUTION.
SPONSOR(S): Commissioner Frank Carollo
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 36 of the
Charter providing that the Office of the Independent Auditor General ("OIAG") and its employees
be included as an unclassified service pursuant to Section(c)(1) of the Charter ensures the
independence of the OIAG; and
WHEREAS, the proposed amendment to Section 36 of the Charter shall become
effective upon being approved by the electorate at the Referendum Special Election to be held
concurrently with the Municipal General Election scheduled for November 7, 2017; and
WHEREAS, the City Commission wishes to submit the above -mentioned proposed
amendment to the electorate for approval or disapproval at the Referendum Special Election to
be held concurrently with the Municipal General Election scheduled for November 7, 2017;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 6 File ID: 2505 (Revision: A) Printed On: 3/24/2025
File ID: 2505 Enactment Number: R-17-0319
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Section 36 of the Charter, entitled "Civil Service," is proposed to be amended
in the following particulars:1
"CHARTER AND RELATED LAWS
SUBPART A. THE CHARTER
Sec. 36. Civil Service
(c) Unclassified and classified service. The civil service of the city is hereby divided into the
unclassified and the classified service.
(1) The unclassified service shall include:
(A) The city manager, his or her assistants, and secretarial staff;
(B) The heads of departments, members of appointive boards, judges of the city
court, the city clerk, chief of police, chief of fire division, and the superintendent of
communications division;
(C) Assistants to department heads:
Assistant chiefs of the police division;
All ranks in the police division above the classified position of police captain;
Assistant chiefs of the fire division;
Chief of fire prevention;
Director of training in the fire division;
Battalion chiefs;
Chief of fire rescue;
Assistant to the superintendent of the division of communications;
Director of corrections.
(D) All attorneys employed by the city. The city attorney shall be the supervisor of all
attorneys employed by the city. The city attorney shall have exclusive authority
regarding, but not limited to appointment, removal and salary as to assistant city
attorneys. The foregoing provisions of subsection (D) shall not apply to those
attorneys in the classified service of the city on November 1, 1972.
Attorneys with permanent civil service rights appointed by the city attorney to any
applicable unclassified position above, shall retain civil service rights in the
position from which selected as may have accrued.
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 6 File ID: 2505 (Revision: A) Printed on: 3/24/2025
File ID: 2505 Enactment Number: R-17-0319
(E) All employees employed by the City and working within the Office of the
Independent Auditor General.
Personnel with permanent civil service rights appointed by the city manager to
unclassified positions shall retain said civil [service] rights in the position from which
selected as may have accrued.
Section 3. In accordance with the provisions of the Charter, as amended, §6.03 of the
Miami -Dade County Home Rule Charter, and Section 2-112 of the Code of the City of Miami,
Florida, from 7:00 A.M. until 7:00 P.M., on Tuesday, November 7, 2017, a Referendum Special
Election will be held concurrently with the Municipal General Election for the purpose of
submitting to the qualified electors of the City for their approval or disapproval of the measure.
Section 4. The Referendum Special Election shall be held at the polling places in the
precincts designated, all as shown on the list attached hereto and made a part hereof and
referred to as Exhibit No. 1 or as may be designated by the Supervisor of Elections of Miami -
Dade County, Florida, in conformity with the provisions of general laws of the State of Florida
("State"). The Precinct Election Clerks and Inspectors to serve at said polling places on said
Referendum Special Election date shall be those designated by the Supervisor of Elections of
Miami -Dade County, Florida for such purpose in accordance with the general laws of the State.
A description of the registration books and records which pertain to Referendum Special
Election precincts wholly or partly within the City and which the City is adopting and desires to
use for holding such Referendum Special Election is all voter information cards, registration
books, records, and certificates pertaining to electors of the City and established and
maintained as official by the Supervisor of Elections of Miami -Dade County, Florida in
conformity with the laws of the State, are adopted and declared to be, and shall hereafter be
recognized and accepted as, official voter information cards, registration books, records, and
certificates of the City.
Section 5. In compliance with Section 100.342, Florida Statutes, the City Clerk is
authorized and directed to publish notice of the adoption of the herein Resolution and of the
provisions hereof, at least twice, once in the fifth week and once in the third week prior to the
week in which the aforesaid Referendum Special Election is to be held, in newspaper(s) of
general circulation in the City, which notice shall be substantially in the following form:
"NOTICE OF REFERENDUM SPECIAL ELECTION
TO AMEND THE MIAMI CITY CHARTER TO BE HELD ON
TUESDAY, NOVEMBER 7, 2017
IN THE CITY OF MIAMI, FLORIDA
PURSUANT TO RESOLUTION NO. 17-0319
A Referendum Special Election will be held on Tuesday, November 7, 2017 from
7:00 A.M until 7:00 P.M. in the City of Miami, Florida, at the polling places in the
several Referendum Special Election precincts designated by the Board of
County Commissioners of Miami -Dade County, Florida as set forth herein, unless
otherwise provided by law and submitting to the qualified electors of the City of
Miami, Florida the following question:
City of Miami Page 3 of 6 File ID: 2505 (Revision: A) Printed on: 3/24/2025
File ID: 2505 Enactment Number: R-17-0319
Shall Section 36 of the City of Miami Charter be amended to include the Office of
Independent Auditor General ("OIAG") as an unclassified service? This amendment
ensures that the OIAG will continue to be free from interference or undue influence by
City administration in the selection, appointment, and employment of OIAG staff. The
amendment allows the OIAG to continue to form independent and objective opinions and
conclusions in their audit and investigative work.
This Charter Amendment will amend Charter Section 36 of the Charter of the City of
Miami, Florida, as amended, entitled, "Civil Service," to include employees of the Office
of Independent Auditor General ("OIAG") within the Unclassified Service."
By order of the Commission of the City of Miami, Florida.
Section 6. The official ballot to be used at said Referendum Special Election shall be in
full compliance with the laws of the State with respect to vote -by -mail ballots, compatible with
the mechanical voting mechanics or the Computer Election System, and in substantially the
following form:
"Official Ballot"
Referendum Special Election
Tuesday, November 7, 2017
For Approval or Disapproval of
the Following Question:
Charter Amendment to Include the Office of
Independent Auditor General ("OIAG") as an Unclassified
Service
Shall Section 36 of the City of Miami
Charter be amended to include the Office of
Independent Auditor General ("OIAG") as
an unclassified service? This amendment
ensures that the OIAG will continue to be
free from interference or undue influence by
City administration in the selection,
appointment, and employment of OIAG
staff. The amendment allows the OIAG to
continue to form independent and objective
opinions and conclusions in their audit and
investigative work.
YES
NO
City of Miami Page 4 of 6 File ID: 2505 (Revision: A) Printed on: 3/24/2025
File ID: 2505 Enactment Number: R-17-0319
Section 7. The form of the ballot shall be in accordance with requirements of general
election laws. Electors desiring to vote in approval of the Question described above shall be
instructed to vote their selection next to the word "YES" within the ballot frame containing the
statement relating to the Question. Electors desiring to vote to disapprove the Question shall be
instructed to vote their selection next to the word "NO" within the ballot frame containing the
statement relating to the Question. Once individuals are satisfied with their choice, they shall
press the "Vote" button and the ballot shall be cast.
Section 8. The City Clerk shall cause to be prepared vote -by -mail ballots containing the
Question set forth in Section 6 above for the use of vote -by -mail electors entitled to cast such
ballots in said Referendum Special Election.
Section 9. All qualified Electors of the City shall be permitted to vote in the Referendum
Special Election and the Supervisor of Elections of Miami -Dade County, Florida is requested,
authorized, and directed to furnish, at cost and expense of the City, a list of all qualified electors
residing in the City as shown by the registration books and records of the Office of said
Supervisor of Elections and duly certify the same for delivery to and for use by the election
officials designated to serve at the respective polling places in said Referendum Special
Election precincts.
Section 10. For the purpose of enabling persons to register who are qualified to vote in
said Referendum Special Election to be held concurrently with the Municipal General Election
on November 7, 2017 and who have not registered under the provisions of the general laws of
the State and Chapter 16 of the Code of the City of Miami, Florida or who have transferred their
legal residence from one voting precinct to another in the City, they may register Monday
through Friday from 8:00 A.M. to 5:00 P.M. at the Miami -Dade County Elections Department
located at 2700 Northwest 87th Avenue, Doral, Florida within such period of time as may be
designated by the Supervisor of Elections of Miami -Dade County, Florida. In addition to the
above place and times, qualified persons may register at such branch offices and may also use
any mobile registration van for the purpose of registration in order to vote in the herein described
Referendum Special Election during such times and on such dates as may be designated by the
Supervisor of Elections of Miami -Dade County, Florida.
Section 11. Todd B. Hannon, the City Clerk of the City, is designated and appointed as
the official representative of the City Commission in all transactions with the Supervisor of
Elections of Miami -Dade County, Florida related to matters pertaining to use of the registration
books and holding of said Referendum Special Election.
Section 12. The City Clerk shall deliver a certified copy of this Resolution to the
Supervisor of Elections of Miami -Dade County, Florida not less than forty-five (45) days prior to
the date of the Referendum Special Election.
Section 13. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
2 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 5 of 6 File ID: 2505 (Revision: A) Printed on: 3/24/2025
File ID: 2505 Enactment Number: R-17-0319
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 6 of 6 File ID: 2505 (Revision: A) Printed on: 3/24/2025