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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #4083 Resolution Sponsored by: Commissioner Joe Carollo 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, COMMENCING IN NOVEMBER, 2021, A COMMISSION - MANAGER STYLE OF GOVERNMENT; REMOVING THE OFFICE OF MAYOR; REMOVING THE POWERS OF THE OFFICE OF MAYOR AND PROVIDING THE CITY MANAGER WITH THE POWERS PREVIOUSLY POSSESSED BY THE MAYOR; CHANGING FROM FIVE COMMISSION DISTRICTS TO FOUR AND PROVIDING THAT A FIFTH COMMISSIONER BE ELECTED AT LARGE TO SERVE AS CHAIRPERSON OF THE COMMISSION; MORE PARTICULARLY BY AMENDING SECTIONS 4,7,9,12,14,15,16,17, AND 21 OF SAID CHARTER; CALLING FOR AND PROVIDING THAT THE CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD ON 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. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4083 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, COMMENCING IN NOVEMBER, 2021, A COMMISSION - MANAGER STYLE OF GOVERNMENT; REMOVING THE OFFICE OF MAYOR; REMOVING THE POWERS OF THE OFFICE OF MAYOR AND PROVIDING THE CITY MANAGER WITH THE POWERS PREVIOUSLY POSSESSED BY THE MAYOR; CHANGING FROM FIVE COMMISSION DISTRICTS TO FOUR AND PROVIDING THAT A FIFTH COMMISSIONER BE ELECTED AT LARGE TO SERVE AS CHAIRPERSON OF THE COMMISSION; MORE PARTICULARLY BY AMENDING SECTIONS 4,7,9,12,14,15,16,17, AND 21 OF SAID CHARTER; CALLING FOR AND PROVIDING THAT THE CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD ON 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. 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 City Attorney's draft of the proposed Charter amendment is set forth in its final form in this Resolution, said draft being submitted to the electors of the City this date by means of the herein Resolution; and 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 ON August 28, 2018; 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. Sections 4,7,9,12,14,15,16,17, and 21 of the Charter of the City of Miami, Florida (Chapter 10847, Laws of Florida, as amended), are hereby proposed to be amended in the following particulars:' "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 -manager plan," and the city commission shall consist of five citizens, who are qualified voters of the city ate, who four (4) of whom shall be elected from districts with the fifth Commissioner being elected at large 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-, and The mayor shall rcisc all powers conferred herein. and shall appoint a chief administrative officer to be known as the "City Manager."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 within the city at least one (1) year before qualifying and must maintain a residence in the city for the duration of his or her term. The mayor shall not serve as a member of the city commission. The city commission shall consist of five members with one (1) City Commissioner elected as Chairperson. who Four (4) of the City Commissioners shall be elected from districts within the city, numbered 1 through- 4. The fifth Commissioner shall be elected at large and shall preside over the City Commission as Chairperson. All persons desiring to run qualify for the office of city commissioner shall file in the district; numbered 1 through 4 or for Chairperson, for which they are qualified as provided in subsection (c) of this section of the Charter. City commissioners in districts numbered 3 1 and 5 2 shall be elected at the general municipal elections or runoff election to be held in the year 2001 2021 and at the general municipal election or runoff election each four (4) years thereafter. City commissioners in districts numbered 1, 2, 3 and 4 shall be elected at the general municipal election or runoff election to be held in the year 2003 2023 and at the general municipal election or runoff election each four (4) years thereafter. The mayor Chairperson shall be elected at the general election in the year 2021 and at each general election each four (4) years thereafter large by the electors of the city and shall hold office for a term of four years. The mayor and all All city commissioners [are] to hold office from twclvc o'clock noon fivo days after the canvass of the vote by the supervisor of elections and the declaration of the 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. result of either 1) the general municipal election or 2) runoff election and until their successors are elected and qualified from twelve o'clock noon of the day after the canvas of the vote and the declaration of the result of the election. Commencing with the election to be held in November 2001 and all eIectionc cubceg cent thereto no mayor or cit„ commissioner elected and qualified for two consecutive full terms shall be eligible for reelection in the next succeeding term. The mayor ar4 a-14 other All members of the city commission shall be subject to recall pursuant to Florida Statutes 100.31. Vacancies shall be filled as provided in section 12 of the charter of the City of Miami. If a candidate for office of mayor or city commissioner receives a majority of votes in the general municipal election for that office in the primary election in their group, the candidate shall be considered elected upon and after the canvass of the vote and the declaration of the result of the election as hereinafter provided. If there be no majority, two (2) candidates for nomination to the office of Commissioner who receive the greatest vote in the primary election in each group shall be placed on the ballot at the next regular municipal election following the primary as provided in Section 7 of this Charter. 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 g6 ialified The candidate for nomination receiving the greatest vote in the regular municipal election following the primary election, if otherwise qualified, shall be elected to office from the group in which they are qualified. Any incumbent City Commissioner desiring to run for the office of Chairperson shall present an irrevocable resignation of their office of City Commissioner to the City Commission not less than ninety (90) days prior to the date of election, whether primary or general, and said resignation shall become effective on the date of the election. Upon receipt of said resignation the City Commission shall make public announcement of the resignation and instruct the City Clerk to accept qualified candidates to run for election for the unexpired term of the City Commissioner resigning for the purpose of running for Chairperson. If any Chairperson or City Commissioner elected under the provisions of this act desires to run for some elective office other than the Chairperson or City Commissioner then under such circumstances they shall not be required to resign their city office unless and until they have been elected to such other elective office. In the event that such Chairperson or City Commissioner is elected to such other elective office other than that of Chairperson or City Commissioner, they shall immediately resign their office as Chairperson or City Commissioner and upon their failure or refusal to do so they shall be discharged and ousted from their office and said office declared vacant by a majority vote of the remaining members of the city commission. (c) Qualifications of mayor Chairperson and city commission; mayor, Chairperson, city commissioners, and other officers and employees not to be interested in contracts, etc.; franks, free tickets, passes or service. Candidates for mayor Members of the City Commission and Chairperson shall be residents of the city for at least one (1) year prior to qualifying and sha4 be have the qualifications of electors therein. Further, candidates for the city commission and Chairperson shall have resided within the district at least one (1) year before qualifying and be electors in that district, and shall maintain residence in that district for the duration of their term of office. The mayor, Chairperson, 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 Chairperson 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 Chairperson, 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 Chairperson nor city commission nor any committees nor members thereof to dictate appointments by or interfere with city manager. The city commission shall be the judge of the election and qualifications of the mayor Chairperson and its own members, subject to review by the courts. Neither the rnayor Chairperson -nor the city commission, nor any committees nor members thereof shall direct, request, take part in or dictate the appointment or removal of any person in office or employment by the city manager or subordinates or in any manner interfere with the city manager or prevent the city manager from exercising his/her own judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry and as may be necessary as provided in section 1/1, the mayor, the Chairperson, the city commission, any committees and members thereof shall deal with the administrative service solely through the city manager, and neither the mayor nor the city commission, nor any committees nor members thereof shall give orders to any of the subordinates of the city manager, city attorney, city clerk and independent auditor general, either publicly or privately. Any such dictation, prevention, orders or other interference or violation of this section on the part of the mayor Chairperson 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 Chairperson 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 Manager, 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 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 Chairperson or city commissioners take office, they shall meet at the city hall. Thereafter, the 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 shall be excused from voting except on matters involving the consideration of his or her own official conduct, or where his or her financial interests are involved. (g) Powers and duties of mayor Chairperson. The mayor shall ccrvc as the chicf cxccutivc officer and head of the city government with the following specific powers and duties: _(1) The mayor Chairperson shall be the presiding officer of the city commission with the authority to designate another member of the city commission to scrvc as presiding officer preside at meetings of the City Commission and perform such other duties, consistent with the office and this Charter, as may be imposed by the City Commission with the authority to designate another member of the City Commission to serve as presiding officer. (2) The mayor Chairperson shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the governor for military purposes. (3) In time of public danger or emergency, the mayor Chairperson 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. (4) During the voluntary temporary absence or disability, the mayor shall appoint a member of the city commission to perform the duties of the mayor Chairperson's duties shall be performed by another member appointed by the City Commission. 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. {5) The mayor shall, within ten days of final adoption by the city commission, have veto authority over any legislative, quasi judicial, zoning, master plan or land use decision of the city commission, including the budget or any particular component contained therein which was approved by the city commission; provided, however that or special meeting after the veto occurs, ovcrridc that vcto by a four fifths votc of the city commissioners present, notwithstanding any provisions to the contrary contained in the arter and city code_ Sa, rvet6 Per shall incli ide actiorns 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 nece-nary by the Mayor. Standing or special committees of the city commission shall mean those comprised of city commission members only. {8) 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. the -city -between ' 6ul„ 1 and September 30. ch reporrt shut l be -prepared -after consultation with the city manager. (h) Salaries of the mayor Chairperson and commission. Effective on November 4, 2003, there shall be paid to the Chairperson and city commissioners the sum of $58,200, which is equal to sixty perccnt of the mayor's salary in effect on July 16, 2003. Such salary shall be paid per year for each commissioner, in twelve equal installments. The compensation of the mayor shall be determined by the commission. Sec. 7. Election of city commissioners and rnayor Chairperson. Beginning in November 2021, a general municipal election for the mayor Chairperson and city commissioners shall be held on the first Tuesday after the first Monday in November in odd - numbered years. A runoff election for the rnayor Chairperson and city commissioners shall be held on the third Tuesday after the first Monday in November in odd -numbered years. All elections held in said city shall be conducted and held according to the provisions of the general election laws of the State of Florida, except as otherwise provided for in the Charter. The name of any person qualified as provided in section 4 of this Charter shall be printed upon the ballot as a candidate for the office of rnayor Chairperson or city commissioner upon paying to the City of Miami the sum as prescribed by ordinance to be accepted by the city clerk as a qualifying fee along with the sum for election assessment as prescribed by state law during the qualifying period as prescribed in this Charter prior to the date of such general municipal election or special election to fill a vacancy. Any person qualified to run for mayor Chairperson or city commissioner shall file an affidavit of candidacy in the form provided by the city clerk including his or her name, address, occupation and willingness to serve if elected, accompanied by the requisite documents and fees as provided in state law and section 7 of this Charter. An affidavit of candidacy shall be filed not earlier than 60 days and not later than 45 days prior to the date of the general municipal election or during the qualifying period for a special election to fill a vacancy. All such qualifying documents and fees shall be deposited with the city clerk no later than 6:00 pm. on the forty-fifth day prior to the general municipal election or the last day for qualifying in a special election to fill a vacancy. Sec. 9. Declaration of election; how tie vote decided. At any runoff election or special election to fill a vacancy held under the provisions of this Charter, the candidates for the office of city commissioner, who shall have received the greatest number of votes cast, shall be declared elected after the canvass of the vote by the supervisor of elections as provided in section 4. A tie between two or more candidates for the office of city commissioner shall be decided by lot under the supervision of the chair of the canvassing board in the presence of the candidates. At any runoff election or election to fill a vacancy for the office of mayor held under the provisions of this Charter, the candidate for the office of mayor, who shall have received the greatest number of votes cast, shall be declared elected after the canvas of the vote by the supervisor of cicctionc as provided in Scction /1. A tic between the candidates for the office of mayor shall be decided by lot under the supervision of the chair of the canvassing board in the presence of the candidates. Sec. 12. Filling vacancies for mayor Chairperson and commission. (a) A vacancy on the city commission or Chairperson 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 Chairperson 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. (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 Chairperson in the office of mayor. Sec. 14. Commission may investigate official transactions, acts and conduct. The mayor Chairperson, 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 Chairperson, 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 Chairperson, 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. Sec. 15. City manager —Qualifications; appointment; term; salary; sickness or absence; removal. 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 administrative officer of the city to assume 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 indebtedness. The City Commission shall within thirty (30) days after taking office appoint a City Manager who shall be the administrative head of the municipal government and shall be responsible for the efficient administration of all departments and may be the head of such department as the City Commission may by ordinance provide. The City Manager shall be chosen on the basis of their executive and administrative qualifications. They may or may not be a resident of the City of Miami or the State of Florida. No member of the City Commission shall be appointed City Manager. The City Manager shall be hold office at the will of the City Commission. The City Manager shall receive such salary as may be fixed by the City Commission. In case of the sickness or absence of the City Manager the City Commission may appoint another person, not a member of the City Commission, to act for the City Manager, during their sickness or absence and the person so appointed may, during the absence or sickness of the City Manager, act for the City Manager and perform all duties and all such acts of the person so appointed shall be as valid as though performed by the City Manager. The person appointed by the City Commission to act as City Manager during the absence or sickness of the City Manager shall not be entitled to or paid any compensation for their services as such City Manager by the City of Miami. (a) Removal of City Manager. The City Commission shall appoint, by a majority vote of its members, the City Manager for an indefinite term, and may remove the City Manager by a majority vote of its members. At least thirty (30) days before such removal shall become effective, the City Commission shall, by majority vote of its members, adopt a preliminary resolution stating the reasons for their removal. The City Manager may reply in writing and may request a public hearing which shall be held not earlier than twenty (20) days nor later than thirty (30) days after the filing of such request. After such public hearing, if one be requested, and after full consideration the City Commission, by a majority vote of its members, may adopt a final resolution of removal. 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. (b) Appoint and remove, except as otherwise provided in this Charter, all directors of the departments and all subordinate officers and employees in the departments in both the classified and unclassified service; all appointments to be upon merit and fitness alone, and in the classified service all appointments and removals to be subject to the civil service provisions of this Charter. (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 mayar-a-n-d city commission fully advised as to the financial condition and needs of the city; and (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. (h) Present the Budget in consultation with 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 examine the affairs of any department or the conduct of any officer or employee shall have the same right to require the attendance of witnesses and production of books and papers and other evidence as is conferred upon the mayor and city commission by this Charter. 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. 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. 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: "Shall Sections 4,7,9,12,14,15,16,17, and 21 of the Charter be amended to change the form of government to a "commission — manager" style of government; remove the office of mayor; transfer the powers previously possessed by the Mayor to the City Manager; provide for the election of City Commissioners from four districts and providing for the election of a fifth commissioner at large to serve as Chairperson of the City Commission?" This Charter Amendment will amend Sections 4,7,9,12,14,15,16,17, and 21 of the Charter to change the City's form of government. It will eliminate the office of mayor and create the office of chairperson of the city commission. The powers formerly exercised by the Mayor will be transferred to the City Manager. 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 the City's form of government to "Commission - Manager." Shall Sections 4,7,9,12,14,15,16,17, and 21 of the Charter be amended to change the form of government to a "commission — manager" style of government; remove the office of mayor; transfer the powers previously possessed by the Mayor to the City Manager; provide for the election of City Commissioners from four districts and providing for the election of a fifth commissioner at large to serve as Chairperson of the City Commission? 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, 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 concurrently with the Municipal General Election 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.