HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4080 Final Action Date: 5/10/2018
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") TO PROVIDE A
STRONG MAYOR -COMMISSION STYLE OF GOVERNMENT EFFECTIVE
NOVEMBER 2021; ELIMINATING THE OFFICE OF CITY MANAGER;
TRANSFERRING THE POWERS OF THE OFFICE OF CITY MANAGER TO
THE MAYOR; MORE PARTICULARLY BY AMENDING SECTIONS 4, 12, 15,
16, 17, 20, 21, 24, 25, 26, 27, 29-A, 36, AND 51 OF SAID CHARTER; CALLING
FOR AND PROVIDING THAT THE CHARTER AMENDMENT BE SUBMITTED
TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD AUGUST
28, 2018; 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 Joe 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, on May 10, 2018, by its adoption of Resolution No. ,the City
Commission directed the City Attorney to prepare the herein proposed Charter Amendment; and
WHEREAS, the proposed amendment to the Charter shall become effective upon being
approved by the electorate at the Special Election to be held on August 28, 2018; and
WHEREAS, the City Commission believes a proposed amendment to the Charter to
change to a strong mayor -commission form of government will benefit the City; and
WHEREAS, the City Commission wishes to submit the above -mentioned proposed
amendments to the electorate, for approval or disapproval, at the Special Election to be held on
August 28, 2018;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
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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. The Charter is proposed to be amended in the following particulars:1
"CHARTER AND RELATED LAWS
SUBPART A. THE CHARTER
Sec. 4. Form of Government; nomination and election.
(a) General description. The form of government of the City of Miami, Florida provided for under
this Charter shall be known as the "mayor city commissioner plan," 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 'I(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 immediately 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 beginning in November 2021
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 and shall hold office 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
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.
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elections subsequent thereto, no mayor or city commissioner elected and qualified for two
consecutive full terms under this form of government shall be eligible for reelection in the next
succeeding term. Th-ayor aid -all otheer members the cit„ cAM-FRTss-ion haII be bject t„
recall. Vacancies shall be 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 recalled from office by the electors of the City. The municipal recall procedures set forth
in Section 100.361, Florida Statutes, 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 filling of 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
immediately prior to qualifying and shall be electors therein. Upon being elected, the mayor
shall maintain residence in the City for the duration of his or her term in office. Further,
candidates for the city commission shall have resided within the district at least one (1) year
immediately before qualifying and be electors in that district. Upon being elected, City
Commissioners, and shall maintain residence in that district for the duration of their term of
office. The mayor, city commissioners, 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 mayor nor the city commission nor
any committees nor members thereof #e may dictate appointments by or interfere with city
manager 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. Except where otherwise
permitted by this Charter, isdneither the mayor nor the city commission; nor any committees nor
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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 manager or subordinates or in any manner
interfere with the Mayor city manager or prevent 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 them 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 provided in section 1/1, the
maye , tile city commission any committees and th members ereof shall deal with the
administrative7service solely through the mayor, city managcr, and neither the mayor nor the
city commission, nor any committees nor members thereof shall give orders to any of the
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 commission; 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 Commission. The City Commission shall elect its Chairperson and Vice -Chairperson by a
majority vote. Election of the Chairperson and Vice -Chairperson shall not be subject to a
mayoral veto. 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 Chairperson shall control the City Commission meeting agenda. 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. At twelve o'clock noon on
the day the mayor or city commissioners take office, 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
of the city commission shall be public. Ordinances shall be read by title only. No member
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shall be excused from voting except as provided by law 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. The 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 Mayor 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 or her 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. The mayor shall be the presiding
officer of the city commission with the authority to dcsignatc another member of the
city commission to 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, except the Agenda Coordinator shall be
appointed by the City Commission. The Mayor's power to reprimand and remove does
not extend to the staff of the City Commission, City Attorney, City Clerk, Independent
Auditor General, or the Agenda Coordinator. 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. Appointments 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 any department director who fails to obtain City Commission approval to
that same position. The Mayor's appointment of the police chief, fire chief, and public
safety officer 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 any police chief, fire chief, and public safety officer who fails to obtain
City Commission approval to that same position. The police chief, fire chief, and public
safety officer 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, the fire chief, or the public safety officer with or without cause. The Mayor
shall appoint a Deputy Mayor. Such appointment shall be subject to the approval of
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the City Commission. Such vote shall be final and the Mayor shall be prohibited from
reappointing any Deputy Mayor who fails to obtain City Commission approval to that
same position.
(2) 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. Proclamations, including those giving the key to the City to any
individual, must be signed by the Mayor, although City Commissioners may also sign
any such proclamation. Commendations and salutes can be signed by the Mayor, any
individual City Commissioner, or any group constituting one or all of those elected
officials.
{3)0j 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.
(1)M During the any voluntary temporary absence or disability, the mayor shall
appoint a qualified member of the administration rr,omber „f the city commission to
perform the duties of the mayor. However, in the event that the mayor does not or is
unable to make such designation, the city commission shall designate a member of
the city commission to perform the duties of the mayor during the temporary absence
or disability of the mayor by a four fifths vote of the city commissioners then in office.
{ }(8The 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 same 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.
{6) When one person succeeds another in the position of mayor, the successor shall
have the right to appoint the city manager, subject to the approval within 14 days of a
majority of the city commissioners then in office. In the event of a vacancy in the office
of city manager, the mayor shall appoint the city manager, subject to the approval
within 14 days of a majority of the city commissioners then in office. The mayor may
remove the city manager subject to the city commission's conducting a hearing within
10 days of said removal and the city commission's overriding the mayor's action by a
four fifths vote of those city commi"sioners then in office. Additionally, the city
commission by a four fifths vote of those city commissioners then in office shall be
ablc to rcmovc the city manager.
{7) The mayor shall establish and appoint the members of all standing and special
committees of the city commission and the chairperson and vice chairperson of each
committee. There shall be as many standing and special committees of the city
commission as deemed necessary by the Mayor. Standing or special committees of
the city commission shall mean those comprised of city commission members only.
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(9) The Mayor shall, within ten (10) 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.
(10) To keep the City Commission fully advised as to the financial condition and needs
of the City.
{8)(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 city manager.
{-94(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) The Mayor may hire an attorney for the purpose of rendering legal advice in matters
relating to his or her official powers and duties. Any such engagement is subject to the
approval of the City Commission, solely with respect to the fee arrangement at issue.
(15) 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 in
accordance with the provisions of Section 12 of this Charter.
(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(q)(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. In the event that a temporary vacancy exceeds
60 days, the vacancy shall be filled in accordance with the provisions of Section 12
of this charter.
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 five (5) City
Commission members based upon competent, substantial medical evidence.
LE)-(14) Salaries of the mayor and commission. 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
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commissioner, in twelve equal installments. The compensation of the mayor shall be determined
by the commission, and in no event shall be less than seventy-five (75%) of the current
compensation to the Miami -Dade County Mayor.
(j) Effective date of Strong Mayor -Commission form of government. Notwithstanding any other
provisions of this Charter, the Strong Mayor -Commission form of government is effective and
implemented immediately upon approval of the majority of the electors of the City voting at an
election called for the purpose of voting on the amendment. In order to implement this Charter
amendment, the current elected city officials constitute the initial Mayor and City Commissioners
identified in Section 4(a), through the expiration of their current terms in office.
Sec. 12. Filling vacancies for mayor and commission.
(a) Except as provided for in Section 4(h) of this Charter, ,4a vacancy on the city commission or
in the office of mayor caused by death, resignation, forfeiture, suspension, removal, 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. The person elected as provided in (a)(1) or (a)(2) of this Section shall serve for the
remainder of the unexpired term of that office.
(b) If the remaining city commissioners shall fail or refuse to fill such vacancy within ten days
after it occurs, as provided herein, the city commission shall call a special election to fill the
vacancy to be held at a date not less than thirty-eight or more than forty-five days after the
expiration of the ten-day period and the five day qualifying period. The qualifying period for such
special election shall be for the five days not including Saturday, Sunday or legal holidays
before the thirty-eighth day before the date of the election and the procedure for the election not
otherwise provided for in this section shall be as provided in section 7 of this Charter. Except in
the circumstances detailed in section (c), effective November 7, 2017, the person who receives
the greatest number of votes for the office in said special election is elected to fill the vacancy
for the remainder of the unexpired term of that office.
(c) If a vacancy in any elected office is caused by forfeiture, suspension, or removal, 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 term of the individual who assumed the position
previously vacated by that elected official shall automatically terminate upon the restoration to
office of the original seat -holder.
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(d) If the city commissioners shall fail to comply with their duties as set forth in this section, then,
and in that event, the court is hereby empowered and authorized to enforce compliance with this
act or to call an election itself to fill such vacancy or vacancies on the city commission or in the
office of mayor.
Sec. 14. Commission may investigate official transactions, acts and conduct.
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 Mayor, 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.
Secs. 15-17. [Reserved.l
The city manager shall be the head of the administrative branch of the city government. The city
provided in section 'I (g). The city manager shall be chosen on the basis of the city manager's
ecutivc and administrative qualifications. At the time of the city manager's appointment the city
manager need not be a resident of the state. Neither the mayor nor any city commissioner shall
be eligible for the position of city manager during or within two years after the expiration of their
respective terms.
The mayor, subject to the approval of the city commission, may designate a qualified
administrativc officcr of the city to a-sume the duties and authority of the city manager during
periods of temporary absence or disability of the city manager.
The city manager shall be responsible for the administration of all units of the city government
The city manager or designee shall execute contracts and other instruments, sign bonds and
other evidences of indebtedne:c.
Sec. 16. Same Powers and duties.
The powers and duties of the city manager shall be to:
{a) See that the laws and ordinances are enforced.
directors of the departments and all subordinate officers and employees in the
be ipc-a'pon m7erit"annd fi ss alono and in Oho classified corvine .III appointments
and rcmovals to be subjcct to the civil service provisions of this Charter.
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(c) Exercise control over all departments and divisions created herein or that may
be hereafter created by the city commission.
(d) Attend all meetings of the city commission with the right to take part in the
discussion but having no vote.
(e) Recommend to the mayor and city commission for adoption such measures
as the city manager may deem necessary or expedient.
(f) Keep the mayor and city commission fi illy advised as to the financial condition
and needs of the city• and
0
(g) 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.
Sec. 17. Same Examination of affairs of departments, officers or employees.
The city manager may, without notice, cause the affairs of any department or the conduct of any
officer or employee to be examined. Any person or persons appointed by the city manager to
cxaminc the affairs of any dcpartmcnt or the conduct of any officer or employee shall have the
came right to require the attendance of witncsscs and production of books and papers and other
c-✓idencc ac is conferred upon the mayor and city commission by this Charter.
Sec. 20. Directors of departments.
The city manager Mayor shall appoint a director for each department and, in the city manager's
Mayor's discretion, may consolidate two or more departments under one director. Each such
director shall serve until removed by the city manager Mayor or until a successor has been
appointed and qualified, shall conduct the affairs of his or her department in accordance with rules
and regulations made by the city manager, shall be responsible for the conduct of the officers and
employees of his or her department, for the performance of its business, and for the custody and
preservation of the books, records, papers and property under its control, and, subject to the
supervision and control of the city manager Mayor in all matters, shall manage the department.
None of the provisions of this section, however, shall be applicable to the department of law, city
clerk or office of independent auditor general.
Sec. 21. Department of law.
The city attorney shall be the director of the department of law and an attorney -at -law admitted to
the practice in the State of Florida. 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. The city attorney shall prosecute and defend all suits for and in behalf of the city, 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.
The city attorney shall be the prosecuting attorney of the municipal court. The city attorney shall
have such number of assistants as the city commission by ordinance may authorize. The city
attorney shall prosecute all cases brought before such court and perform the same duties, so far
as they are applicable thereto, as are required of the prosecuting attorney of the county.
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When required to do so by the resolution of the city commission, the city attorney shall prosecute
or defend for and in behalf of the city all complaints, suits and controversies in which the city is a
party, and such other suits, matters and controversies as he shall, by resolution or ordinance, be
directed to prosecute 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 until the time for
the election of the city officials specified in section 4 of the Charter which follows the next general
municipal election.
Sec. 24. Department of public safety.
The head of the department of public safety shall be known as the director of public safety.
Subject to the supervision and control of the Mayor city manager in all matters, the head of the
department of public safety shall be the executive head of the division of police and fire. He or she
shall be the chief administrative authority in all matters pertaining to the erection, maintenance,
repair, removal, razing, occupancy and inspection of buildings under such regulations as may be
ordained by the city commission.
(a) Division of police. The police force shall be composed of a chief and such officers and other
employees as the city manager may determine. The chief of police shall have the immediate
direction and control of the police force, subject to the supervision of the director of public safety,
and to such rules, regulations and orders as the said director may prescribe, and through the chief
of police, the director of public safety shall promulgate all orders, rules and regulations for the
government of the police force. The chief of police shall devote his or her entire time to the
discharge of his or her official duties and shall not be absent from the city except in the
performance of his or her official duties, unless granted a written leave of absence by the Mayor
city manager. His or her office shall be kept open at all hours, day or night, and either the chief of
police or a subordinate shall be in constant attendance. In case of the disability of the chief of
police by reason of sickness, absence from the city or other cause, the director of public safety
shall designate one of the captains or lieutenants of police to act as chief of police during such
disability, and the officer so designated shall serve without additional compensation. The
members of the police force, other than the chief, shall be selected from the list of eligibles
prepared by the civil service board, and in accordance with such rules as the said board may
prescribe; provided, that in case of riot or emergency, the director of public safety may appoint
additional patrolmen and officers for temporary service, who need not be in the classified service.
Each member of the police force, both rank and file, shall have receive a warrant of appointment
signed by the mayor city manager, in which the date of the appointment shall be stated, and such
shall be that member's commission.
No person, except as otherwise provided by general law or this Charter, shall act as special police
or special detective except upon written authority from the director of public safety. Such authority,
when conferred, shall be exercised only under the direction and control of the chief of police and
for a time specified in the appointment.
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The members of the police force of said city shall be invested with all the power and authority
necessary for enforcing the ordinances of said city.
The chief of police or any police officer of the City of Miami, may arrest without warrant, any
person violating any of the ordinances of the city committed in the presence of such officer, and
when knowledge of the violation of any ordinance of said city shall come to the said chief of police
or police officer, not committed in his or her presence, he or she shall make affidavit before the
judge or clerk of municipal court against the person charged with such violation, whereupon, said
judge or clerk shall issue a warrant for the arrest of such person.
(b) Division of fire. The fire force shall be composed of a chief and such other officers, firemen
and employees as the Mayor city manager may determine. The fire chief shall have immediate
direction and control of the said department, subject to the supervision of the director of public
safety and to such rules, regulations and orders as the said director may prescribe and through
the fire chief the director of public safety shall promulgate all orders, rules and regulations for the
government of the fire department.
The members of the fire department, other than the chief, shall be appointed from the list of
eligibles prepared by the civil service board and in accordance with such rules and regulations as
may be prescribed by said board; provided, that in case of riot, conflagration or emergency, the
director of public safety may appoint additional firemen and officers for temporary service who
need not be in the classified service.
The chief of the fire department and his or her assistants are authorized to exercise the powers of
police officers while going to, attending or returning from any fire or alarm of fire. The fire chief
and each of his or her assistants shall have issued to him or her a warrant of appointment signed
by the Mayor city manager, in which the date of his or her appointment shall be stated, and such
warrant shall be his or her commission.
Whenever any building in said city shall be on fire, it shall be lawful for the chief of the fire
department to order and direct such building or any other building which he or she may deem
hazardous and likely to communicate fire to other buildings, or any part of such buildings, to be
pulled down or destroyed and no action shall be maintained against said chief or any person
acting under his or her authority therefor.
Sec. 25. - Supervision in divisions of police and fire.
The chief of police and fire chief shall have the right and power to suspend any of the officers and
employees in their respective division who may be under their management and control for
incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by proper
authority, or for any other just and reasonable cause. If any officer or employee be suspended as
herein provided, the chief of the division concerned shall forthwith in writing certify the fact
together with the cause of suspension, to the director of public safety, who shall render judgment
thereon, which judgment, if the charge be sustained, may be a reprimand, fine, suspension,
reduction in rank or dismissal.
The director of public safety in any investigation shall have the power to administer oaths and
secure the attendance of witnesses and the production of books and papers.
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The employee shall be allowed the same appeal procedure as set forth in section 36(f) of the
Charter_,
are held by the same person, the city manager director of public safety, before passing upon tho
guilt or innocence of the person suspended, may authorize the civil service board to conduct a
hearing upon the suspension charges preferred by the chiefs of fire or police and to report its
findings and recommendations back to said city manager director of public safety. The city
considering the findings and recommendations of the civil service board.
Sec. 26. - Suspension and removal of chief of police and fire chief.
The city manager Mayor shall have the exclusive right to suspend the chief of police and 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 either of such chiefs be so suspended the
city manager Mayor shall forthwith certify the fact, together with the cause of suspension, to the
commission who within five (5) days from the date of receipt of such notice, shall proceed to hear
such charges and render judgment thereon, which judgment shall be final.
Sec. 27. - Finance, department of finance.
(a) Department director. Subject to the supervision and control of the Mayor 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 disbursement of city funds and monies, the control over expenditures, and such other
duties as the Mayor 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 Mayor 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.
Sec. 29-A. - Contracts for, unified development projects, and real property; safeguards.
(a) Unified development projects. A unified development project shall mean a project where an
interest in real property is owned or is to be acquired by the city, is to be used for the development
of improvements, and as to which the city commission determines that for the development of
said improvements it is most advantageous to the city to procure from a private person, as
defined in the Code of the City of Miami, one or more of the following integrated packages:
(1) planning and design, construction, and leasing; or
(2) planning and design, leasing, and management; or
(3) planning and design, construction, and management; or
(4) planning and design, construction, leasing, and management.
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So long as the person from whom the city procures one of the above -mentioned integrated
packages provides all of the functions listed for that package, such person need not provide each
listed function for the entire unified development project nor for the same part of the unified
development project.
As many members of the public having expertise in the field of real estate development or in other
relevant technical areas or who reside within the vicinity of a proposed unified development
project site as deemed appropriate by the Mayor city manager shall be invited by the mayor city
manager to provide input during the preparation of documents for competitive processes of the
unified development project.
If deemed appropriate by the Mayor city manager, the unified development project process shall
include a request for qualifications process prior to the issuance of a request for proposals.
Qualifications shall be evaluated by the Mayor city manager or designee(s) and only those
deemed qualified in accordance with the specified evaluation criteria shall be invited to participate
in the subsequent request for proposal process for said unified development project.
Requests for proposals for unified development projects shall generally define the nature of the
uses the city is seeking for the unified development project and the estimated allocations of land
for each use. They shall also state the following:
(1) the specific parcel of land contemplated to be used or the geographic area
the city desires to develop pursuant to the unified development project;
(2) the specific evaluation criteria to be used by the below -mentioned certified
public accounting firm;
(3) the specific evaluation criteria to be used by the below -mentioned review
committee;
(4) the extent of the city's proposed commitment of funds, property, and services;
(5) the definitions of the terms "substantial increase" and "material alteration" that
will apply to the project pursuant to subsection (e)(4) hereof; and
(6) a reservation of the right to reject all proposals and of the right of termination
referred to in subsection (e)(4), below.
After public notice there shall be a public hearing at which the commission shall consider:
(1) the contents of the request for proposals for the subject unified development
project;
(2) the selection of a certified public accounting firm, which shall include at least
one member with previous experience in the type of development in question;and
3) the recommendations of the Mayor city manager for the appointment of
persons to serve on the review committee. Said review committee shall consistan
appropriate number of city officials or employees and an equal number plus one
of members of the public, whose names shall be submitted by the Mayor city
manager no fewer than five days prior to the above -mentioned public hearing.
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At the conclusion of the public hearing the city commission shall authorize the issuance of a
request for proposals, select a certified public accounting firm, and appoint the members of the
review committee only from among the persons recommended by the Mayor city manager.
The procedure for the selection of an integrated package proposals shall be as follows:
(1) all proposals shall be analyzed by a certified public accounting firm appointed
by the commission based only on the evaluation criteria applicable to said
certified public accounting firm contained in the request for proposals. Said
certified public accounting firm shall render a written report of its findings to the
Mayor city manager.
(2) the review committee shall evaluate each proposal based only on the
evaluation criteria applicable to said review committee contained in the request
for proposals. Said review committee shall render a written report to the Mayor
city manager of its evaluation of each proposal, including any minority opinions.
(3) taking into consideration the findings of the aforementioned certified public
accounting firm and the evaluations of the aforementioned review committee, the
Mayor city manager shall recommend one or more of the proposals for
acceptance by the city commission, or alternatively, the Mayor city manager may
recommend that all proposals be rejected. If there are three or more proposals
and the Mayor city manager recommends only one, or if the Mayor city manager
recommends rejection of all proposals, the Mayor city manager shall state in
writing the reasons for such recommendation.
In transmitting his or her recommendation or recommendations to the
commission, the Mayor city manager shall include the written reports, including
any minority opinions, rendered to by the aforementioned certified accounting
firm and review committee.
(4) all contracts for unified development projects shall be awarded to the person
whose proposal is most advantageous to the city, as determined by the city
commission.
The commission may accept any recommendation of the Mayor city manager by an affirmative
vote of a majority of its members. In the event the commission does not accept a proposal
recommended by the Mayor city manager or does not reject all proposals, the commission shall
seek recommendations directly from the aforementioned review committee, which shall make a
recommendation or recommendations to the commission taking into account the report of the
aforementioned certified public accounting firm and the evaluation criteria specified for the review
committee in the request for proposals.
After receiving the direct recommendations of the review committee, the commission shall, by an
affirmative vote of a majority of its members:
(1) accept any recommendation of the review committee; or
(2) accept any previous recommendation of the Mayor city manager; or
(3) reject all proposals.
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All contracts for unified development projects shall be signed by the Mayor city manager or
designee after approval thereof by the commission. The Mayor city manager or designee shall be
responsible for developing a minority procurement program as may be prescribed by ordinance
and permitted by law in conjunction with the award of contracts for unified development projects.
The provisions of this charter section shall supersede any other charter or code provision to the
contrary.
(b) Sales and leases of real property; prohibition. Except as otherwise provided in this section,
there shall be no sale, conveyance, or disposition of any interest, including any leasehold, in real
property owned by the city, the department of off-street parking, or the downtown development
authority, unless there has been prior public notice and a prior opportunity given to the public to
compete for said real property or interest. Any such sale, conveyance, or disposition shall be
conditioned upon compliance with: the provisions of this section; such procurement methods as
may be prescribed by ordinance; and any restrictions that may be imposed by the city, the
department of off-street parking, or the downtown development authority, as appropriate. Further,
no right, title, or interest shall vest in the transferee of such property unless the sale, conveyance,
or disposition is made to the highest responsible bidder, as is determined by the city commission,
or the off-street parking board, or the downtown development authority board of directors. The city
commission or the off-street parking board or the downtown development authority board of
directors, as appropriate, may by resolution waive the requirement of sale, conveyance, or
disposition to the highest responsible bidder by means of the following procedure: the Mayor city
manager, the director of the off-street parking authority, or the director of the downtown
development authority, as appropriate, must make a written finding that a valid emergency exists,
which finding must be ratified by an affirmative vote of two-thirds of the city commission after a
properly advertised public hearing. When the requirement of sale, conveyance, or disposition to
the highest responsible bidder is waived, other procurement methods as may be prescribed by
ordinance shall be followed. The city or the department of off-street parking or the downtown
development authority shall have the power to reject all offers. All invitations for bids, requests for
proposals, or other solicitations shall contain a reservation of the foregoing right to reject all offers.
This section shall not apply to transfers to the United States or any department or agency thereof,
to the State of Florida, or to any political subdivision or agency thereof.
(c) Safeguards.
(1) All persons contracting with the city under this section shall be required to
certify their compliance with the antitrust laws of the United States and of the
State of Florida and to hold harmless, defend, and indemnify the city for any
noncompliance by said persons with the above laws.
(2) All persons contracting with the city under this section shall be obligated to
pay whichever is the greater of the following: (i) all applicable ad valorem taxes
that are lawfully assessed against the property involved or (ii) an amount to be
paid to the city equal to what the ad valorem taxes would be if the property were
privately owned and used for a profit -making purpose. Such taxes shall not be
credited against any revenues accruing to the city under any contract that may
be awarded under this section.
(3) Any proposal by a potential bidder or contractor that contemplates more than
the estimated extent of the city's proposed commitment of funds, property, or
services shall be ineligible for acceptance by the city commission.
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(4) Any substantial increase in the city's commitment of funds, property, or
services, or any material alteration of any contract awarded under subsection (c)
of this section shall entitle the city commission to terminate the contract after a
public hearing. Prior to such public hearing, the city commission shall seek and
obtain a report from the Mayor city manager and from the review committee that
evaluated the proposals for the project, concerning the advisability of exercising
that right.
Sec. 36. Civil service.
(a) Creation of board; appointment; terms of office; vacancies; rules and regulations. A civil
service board of the city is hereby created and established. There shall be five members
constituting the said civil service board. Three shall be appointed by the city commission, and
two shall be elected by the employees of the city with civil service status, from said employees
with such civil service status. The two so elected shall become members of the board when
confirmed by the city commission. All members of the said civil service board shall serve for two
years, and they shall take office as soon as appointed and qualified. The city commission may
remove any member of the board for cause, upon stating in writing the reasons for the removal,
after allowing him or her to be heard by the city commission in his or her own defense. Any
vacancy shall be filled by the city commission for the unexpired term. The Mayor city manager
shall be authorized to prescribe the rules, regulations, and procedure for the holding of election
for the purpose of electing the two members of the civil service board by the city employees with
civil service status.
(b) Chairperson; examiner; subordinates. Immediately after appointment, the board shall
organize by electing one of its members chairperson. The board shall appoint a chief examiner
who shall be a member of the board and who shall also act as secretary. The board may
appoint such other subordinates as may by appropriation be provided for.
(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 Mayor city manager, his or her assistants, and secretarial staff;
(B) The City Commissioners, their assistants and secretarial staff.
{6) (C) 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) (D) 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;
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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.
(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 Mayor city
manager to unclassified positions shall retain said civil [service] rights in the
position from which selected as may have accrued.
(2) The classified services shall include all positions not specifically included by this Charter in
the unclassified service. There shall be in the classified service three classes, to be known as
the competitive class, noncompetitive class, and labor class.
(A) The competitive class shall include all positions and employment for which it
is practicable to determine the merit and fitness of applicants by competitive
examinations.
(B) The noncompetitive class shall consist of all positions requiring peculiar and
exceptional qualifications of a scientific, city managerial, professional, or
educational character, as may be determined by the rules of the board.
(C) The labor class shall include ordinary unskilled labor.
(d) Rules; examinations; eligible lists; certification of vacancies. Subject to the approval of the
city commission, the board shall adopt, amend, and enforce a code of rules and regulations
which shall have the force and effect of law providing for appointment and employment in all
positions in the classified service, based on merit, efficiency, character, and industry; shall make
investigations concerning the enforcement and effect of this article and of the rules adopted;
and shall make an annual report to the city commission. The chief examiner shall provide
examinations in accordance with regulations of the board and maintain lists of eligibles of each
class of the services of those meeting the requirements of said regulations. Positions in the
classified service shall be filled from such eligible lists upon requisition from and after
consultation with the Mayor city manager. When positions are filled, the employment officer
shall so certify, by proper and prescribed form, to the director of finance and to the director of
the department in which the vacancy exists.
(e) Promotion. The board shall provide uniform rules for promotion to all positions in the
classified service.
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(f) Power of suspension, removal, fine, or demotion.
(1) Any officer or employee in the classified service may be removed,
suspended, fined, laid off, or demoted by the Mayor city manager or by the head
of the department in which such person is employed, for any cause which will
promote the efficiency of the service; but such person must be furnished with a
written statement of the reasons therefor within five days from the date of the
removal, suspension, fine, layoff, or demotion, and be allowed a reasonable time
for answering such reasons in writing, which answer shall be made a part of the
records of the board, with the suspension to take effect as of the date that such
written statement is furnished. No trial or examination of witnesses shall be
required except in the discretion of the Mayor city manager or the head of the
department. Any employee in the classified service who deems that he or she
has been suspended, removed, fined, laid off, or demoted without just cause
may, within 15 days of such action, request in writing a hearing before the civil
service board to determine the reasonableness of the action. The board shall,
within 30 days after appeal of the employee disciplined, proceed to hear such
appeal. After hearing and considering the evidence for and against the
employee, the board shall report in writing to the Mayor city manager its findings
and recommendations. The Mayor city manager shall then sustain, reverse, or
modify the action of the department director. Any member of the civil service
board and the director of personnel may administer an oath to witnesses
appearing before said board or before said director in an investigation,
disciplinary or appeal proceedings, and they shall have the power to issue
witness subpoenas and to compel the attendance of witnesses.
(2) The civil service board shall also have the right to remove or demote any
official or employee in the classified service upon written charges of misconduct
made by any citizen, but only after reasonable notice to the officer or employee
and after a full hearing. It shall also be the duty of the board to fix a minimum
standard of conduct and efficiency for each grade in the service. Whenever it
appears from the reports of efficiency made to said board for a period of six
months that the conduct or efficiency of any employee has fallen below such
minimum standard, that employee shall be called before the board to show cause
why he or she should not be disciplined. If upon hearing no reason is shown
satisfactory to the board, the employee shall be removed, suspended, or
demoted, as the board may determine.
(g) Present employees. All persons in the employ of the city holding positions in the classified
service, as established by this Charter, at the time it takes effect, shall, unless their position is
abolished, retain same until discharged, demoted, promoted, or transferred, in accordance
herewith.
(h) Certificate of board on payroll account necessary before payment of classified service
member. The treasurer or other public disbursing officer shall not pay any salary or
compensation for service to any person holding a position in the classified service unless the
payroll or account for such salary or compensation bears the certificate of the board, by its
secretary, that the persons named therein have been appointed or employed and are
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performing service in accordance with the provisions of this Charter and of the rules established
thereunder.
(i) Investigations and hearings. In any investigation conducted by the board, it shall have the
power to subpoena and require the attendance of witnesses and the production thereby of
books and papers pertinent to the investigation and to administer oaths to such witnesses.
(j)No discrimination in classified service. No person in the classified service or seeking
admission thereto shall be appointed, demoted, removed, or in any way favored or
discriminated against because of political opinions or affiliations. No person holding a position in
the classified service shall take part in political management or affairs or in political campaigns
during city working hours or with personal property belonging to the city.
(k) Penalties. The civil service board, subject to the approval of the city commission, shall
determine the penalties for the violation of the civil service provisions of this Charter.
(I) Salaries of board and employees. The salaries of the civil service board and its employees
shall be determined by the city commission, and a sufficient sum shall be appropriated each
year to carry out the civil service provisions of this Charter.
Sec. 51. - Civilian investigative panel.
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: (i) twelve (12) civilian members who shall be nominated by the civilian
investigative panel and 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) 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
appointed by and subject to removal by the panel with the approval of the City Commission;
(C) 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 Mayor's City Managcr'G declaration of
a fiscal emergency, a financial urgency, or financial emergency in the City;
(D) Authorized by vote of the CIP and in "consultation" with the state attorney of Miami -Dade
County, 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, that no actions of the CIP 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;
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(2) Conduct independent investigations of other matters pertaining to repeated
issues of conduct by City of Miami Police Officers;
(3) Review police department policies and practices; and
(4) Make written requests and recommendations regarding the CIP's reviews and
investigations to the Mayor city manager and the police chief, to which the Police
shall issue a written response within forty-five (45) days.
* *„
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, August 28, 2018, a Special Election will be
held for the purpose of submitting to the qualified electors of the City for their approval or
disapproval of the measure.
Section 4. The 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 Special Election
date shall be those designated by the Supervisor of Elections of Miami -Dade County, Florida for
such purpose in accordance with the general laws of the State. A description of the registration
books and records which pertain to Special Election precincts wholly or partly within the City
and which the City is adopting and desires to use for holding such Special Election is all 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 (5th) week and once in the third (3rd) week prior
to the week in which the aforesaid Special Election is to be held, in newspaper(s) of general
circulation in the City, which notice shall be substantially in the following form:
NOTICE OF SPECIAL ELECTION
TO AMEND THE MIAMI CITY CHARTER TO BE HELD ON
TUESDAY, AUGUST 28, 2018
IN THE CITY OF MIAMI, FLORIDA
PURSUANT TO RESOLUTION NO.
A Special Election will be held on Tuesday, August 28, 2018, from 7:00 A.M until
7:00 P.M. in the City of Miami, Florida at the polling places in the several Special
Election precincts designated by the Board of County Commissioners of Miami -
Dade County, Florida as set forth herein unless otherwise provided by law and
submitting to the qualified electors of the City of Miami, Florida, the following
question:
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File ID: 4080 Enactment Number:
"Shall section 4, 12, 15, 16, 17, 20, 21, 24, 25, 26, 27, 29-A, 36, and 51 of the
Charter be amended to adopt a Strong Mayor -Commission form of government?"
Such a change shall eliminate the office of city manager and transfer the powers
previously held by the City Manager to the Mayor.
By order of the Commission of the City of Miami, Florida.
Section 6. The official ballot to be used at said Special Election shall be in full
compliance with the laws of the State with respect to vote -by -mail ballots and to use of the
mechanical voting mechanics or the Computer Election System and shall be in substantially the
following form:
"Official Ballot"
Special Election
Tuesday, August 28, 2018
for Approval or Disapproval of
the Following Question:
Charter Amendment changing to strong
mayor -commission form of government.
"Shall section 4, 12, 15, 16, 17, 20, 21, 24,
25, 26, 27, 29-A, 36, and 51 of the Charter
be amended to adopt a Strong Mayor -
Commission form of government? Such a
change shall eliminate the office of city
manager and transfer the powers previously
held by the City Manager to the Mayor."
YES
NO
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 Special Election.
Section 9. All qualified Electors of the City shall be permitted to vote in the Special
Election and the Supervisor of Elections of Miami -Dade County, Florida is requested,
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File ID: 4080 Enactment Number:
authorized, and directed to furnish, at cost and expense of the City, a list of all qualified electors
residing in the City as shown by the registration books and records of the Office of said
Supervisor of Elections and duly certify the same for delivery to and for use by the election
officials designated to serve at the respective polling places in said Special Election precincts.
Section 10. For the purpose of enabling persons to register who are qualified to vote in
said Special Election to be held on August 28, 2018, and who have not registered under the
provisions of the general laws of the State and Chapter 16 of the Code of the City of Miami,
Florida or who have transferred their legal residence from one voting precinct to another in the
City, they may register Monday through Friday from 8:00 A.M. to 5:00 P.M. at the Miami -Dade
County Elections Department located at 2700 Northwest 87th Avenue, Doral, Florida within
such period of time as may be designated by the Supervisor of Elections of Miami -Dade
County, Florida. In addition to the above place and times, qualified persons may register at such
branch offices and may also use any mobile registration van for the purpose of registration in
order to vote in the herein described Special Election during such times and on such dates as
may be designated by the Supervisor of Elections of Miami -Dade County, Florida.
Section 11. Todd B. Hannon, the City Clerk of the City, is designated and appointed as
the official representative of the City Commission in all transactions with the Supervisor of
Elections of Miami -Dade County, Florida related to matters pertaining to use of the registration
books and holding of said Special Election.
Section 12. The City Clerk shall deliver a certified copy of this Resolution to the
Supervisor of Elections of Miami -Dade County, Florida not less than forty-five (45) days prior to
the date of the Special Election.
Section 13. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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.
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