HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4091 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 STRONG EXECUTIVE MAYOR
FORM OF GOVERNMENT; REMOVING THE CITY COMMISSION AS THE
LEGISLATIVE BODY OF THE CITY, REMOVING THE OFFICE OF THE CITY
MANAGER, AND TRANSFERRING THE POWERS FORMERLY POSSESSED
BY THE CITY COMMISSION AND CITY MANAGER TO THE MAYOR; MORE
PARTICULARLY BY AMENDING SECTIONS 4, 5, 6, 7, 9, 12, 14, 15, 16, 17, 19,
20, 21, 23, 24, 25, 26, 27, 29, 36, 37, 38, 40, 43, 45, 48, 49, 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 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.
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 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;
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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. The City Attorney is directed to prepare an amendment to the Charter for
consideration at the Special Election to be on August 28, 2018, proposing, upon approval of the
electorate, to provide, commencing in November, 2021, a strong executive mayor form of
government; removing the City Commission as the legislative body of the City, removing the
office of the City Manager, and transferring the powers formerly possessed by the City
Commission and City Manager to the Mayor; more particularly by amending Section 4, 5, 6, 7,
9, 12, 14, 15, 16, 17, 19, 20, 21, 23, 24, 25, 26, 27, 29, 36, 37, 38, 40, 43, 45, 48, 49, and 51 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: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
Executive Mayor form of government. and thc 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 Mayor 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 for a term of four (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
cicctcd at thc gcncral municipal cicction or runoff cicction to be hcld in the year 2001 and at the
general municipal election or runoff election each four years thereafter. City commissioners in
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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cicction to be hcld in thc y ar 2003 and at thc general municipal election or runoff election each
four years thereafter.
four years.
The mayor and all city commissioners [are] is 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 his or her their successors
are is elected and qualified. Commencing with the election to be held in November 2001 2021,
and all 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. The mayor and all other members of the city commission shall be subject
to recall. Vacancies shall be filled as provided in section 12[.] of the. The Mayor may be recalled
from office by the electors of the City. The municipal recall procedures set forth in F.S. 100.361
shall be applied to the Mayor. Unless otherwise stated in this Charter, vacancies in the Office of
the Mayor 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 of Mayor. for which the candidate
has qualified. The names of unopposed candidates for Mayor shall not appear on the runoff
election ballot and a runoff election shall not take place. An 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, 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
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 the Mayor 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.
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(d) City commission to be judge of its own elections; neither mayor 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
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
administrativc scrvicc. Exccpt for thc purpose of inquiry and as may be necessary as
shall d I with thc administrative service solely through the city manager, and neither 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 violation of the Charter and upon
conviction before a court of competent jurisdiction any individual so convicted shall be subject
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-}(d) Election Appointment of officers by Mayor city commission; rules of Mayor. city
commission; quorum. The Mayor city commission shall elect appoint a city clerk and a city
attorney. No member of the city commission or tThe mayor shall not be chosen as city
a member of the civil service board or appointed to any other city office or
employment. The Mayor city commission may determine his or her its own rules of
procedure., may punish its own members for misconduct and may compel attendance of
rnembers. 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.
{#}(e) Meetings held by Mayor 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, The Mayor shall hold meetings city commission shall meet at such
time and place as may be prescribed by ordinance or resolution. The Mayor's meetings of the
city commission and all sessions of committees of the Mayor city commission shall be public.
Ordinances shall be read by title only. The Mayor No member shall not 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)(f) Powers and duties of mayor. The mayor shall serve as the chief executive, legislative,
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 enacting, adopting, and carrying out ordinances, resolutions, and other
measures, 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.
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4)(2) The Mayor, or his or her designee, shall attend all mayoral meetings. The mayor shall
het siding officer of the city commission with the authority to designate 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. The Mayor shall appoint the police chief, fire chief, and public safety
officer. The police chief, fire chief, and public safety officer shall be subject to the supervision
of the Mayor. The Mayor's power to reprimand and remove does not extend to the staff of the
City Attorney, City Clerk, or the Independent Auditor General. All appointments shall be upon
merit and fitness alone, and in the classified service, all appointments and removals shall be
subject to the civil service provisions of this Charter. 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.
{ .)(5) The mayor shall be recognized as the official head of the city for all ceremonial
purposes, by the courts for the purpose of serving civil process, and by the governor for
military purposes. Proclamations, including those giving the key to the City to any individual,
must be signed by the Mayor. Commendations and salutes shall be signed by the Mayor.
{3-}(6) In time of public danger or emergency, the mayor may declare a state of emergency
as provided in state law and may with the consent of the city commission, take command of
the police and maintain order and enforce the laws.
{4}(7) During the any voluntary temporary absence or disability, the mayor shall appoint a
qualified member of the administration member of 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.
{5) The mayor shall, within ten days of final adoption by the city commission, have veto
authority ovcr any Icgislativc, 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 cxpcnditurc itcm in the samc or grcater dollar amount must also be vetoed. The city
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
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manager, the mayor shall appoint the city manager, subject to the approval within 1/1 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 h ring within 10 days of said removal and the
city commission's overriding the mayor's action by a four fifths vote of those city
commissioners then in office. Additionally, the city commission by a four fifthc votc of thocc
city commissioners then in office shall be able to remove 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 dccmcd ncccssary by the Mayor. Standing or special committees of the city commission
shall m a ho. c compriscd of city commission members only.
(8) 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, in the event of a vacancy in the
office of the Mayor.
(9) To keep the City fully advised as to the financial condition and needs of the City.
{8)(10) 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.
{9.)(11) 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.
(12) Perform such other duties as may be prescribed by this Charter or be required by
ordinance or resolution.
(13) All references to the City Commission and City Manager in the City Code of Ordinances
shall be amended to substitute the word "Mayor."
(g) Vacancy in the Office of the Mayor.
(1) Permanent vacancy resulting from death, incapacitating disability, resignation, recall,
court order or other lawful action. If the office of the Mayor becomes permanently vacant by
reason of death, incapacitating disability, 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(f)(8) 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. In the event that a temporary vacancy
exceeds sixty (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
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disability incapacitating the elected Mayor from performing the duties of the office shall be
determined by a member of the administration designated by the Mayor pursuant to Section
4(f)(8) of this Charter based upon competent, substantial medical evidence.
(h) Salaryyes of the mayor_ and commission. Effective on November /I , 2003, thcrc shall be
paid to the city commissioners the sum of $58,200, which is equal to sixty percent of the
rnayor's salary in effect on July 16, 2003. Effective on August 28, 2018, there shall be paid to
the Mayor the sum which shall be no less than 75% of the current compensation to the Miami -
Dade County Mayor. 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.
(i) Effective date of Strong Executive Mayor form of government. Notwithstanding any other
provisions of this Charter, the Strong Executive Mayor form of government is effective and
implemented in November, 2021, upon approval of the majority of the electors of the City voting
at an election called for the purpose of voting on the amendment.
Sec. 5. The initiative.
(a) Power to adopt ordinances. The electors shall have power at their option to adopt
ordinances, excluding ordinances relating to subjects that would be precluded by law and to
adopt the same at the polls, such power being known as the "initiative". A petition meeting the
requirements hereinafter provided and requesting the Mayor city commission to pass an
ordinance therein set forth or attached shall be termed an "initiative petition" and shall be acted
upon as hereinafter provided.
Any five (5) registered voters may commence initiative proceedings by filing with the city clerk
an affidavit stating they will constitute the committee of the petition and be responsible for
circulating the petition and filing it in proper form. The affidavit shall state the names and
addresses of the members of the committee of the petition and shall specify the name and
address of the member to whom all notices are to be sent. The affidavit shall set out in full the
proposed initiative ordinance.
(b) Preparation of initiative petition; affidavit of genuineness of signatures. Signatures of 10
percent of the electors of the city registered at the last general municipal election are required
for initiative petitions. The signatures need not all be on one paper, but must be in ink or
indelible pencil and include the printed name and residence address of each signer and date
signed. The proposed ordinance in full should be attached to the petition for review of the
signer. The circulator of every such paper shall make an affidavit on each page in substantially
the following form:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
ss.
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being duly sworn, deposes and says that he or she is the circulator of the
foregoing petition paper containing signatures, and that said signatures were made in his or her
presence and are the signatures of the persons whose names they purport to be.
(Signed)
Subscribed and sworn to before me this
/ 4-g20
Notary Public
day of /
All papers pertaining to any one ordinance shall be filed in the office of the City Clerk as one
instrument and shall have written or printed thereon the names and addresses of the committee
of the petition who shall be officially regarded as filing the petition and who shall constitute the
committee of the petition for the purposes hereinafter named.
(c) Filing of petitions. Within 20 days after the filing of a petition, the city clerk shall ascertain
by examination the number of registered voters in the city whose signatures are appended
thereto and whether said number is at least 10 percent of the total number of registered voters
as shown by the registration records. The city clerk shall attach to said petition a certificate
showing the result of said examination and give notice thereof in writing to one or more of the
members of the committee of the petition. If the number of signatures supporting the petition is
shown to be insufficient, the petition may be amended once within 10 days from the date of said
certificate by the filing of additional signatures.
The city clerk shall, with 10 days after such amendments, make examination of the amended
petition. The final finding of the insufficiency of a petition shall not prejudice the filing of a new
petition for the same purpose.
(d) Submission of petition to Mayor city commission. Upon ascertaining that a petition is
supported by a sufficient number of signatures, the city clerk shall so certify, and the city clerk
shall submit the proposed ordinance to the Mayor city commission at his or her its next meeting.
Upon receiving the proposed ordinance, the Mayor city commission shall proceed to consider it
and shall take final action thereon within 30 days from the date the petition is certified by the city
clerk.
(e) Election on initiated ordinances. If the Mavor city commission fails to pass the proposed
ordinance, or if it passes it in a form different from that set forth in the petition, then the
ordinance shall be submitted in its original form by the Mayor city commission to the vote of the
electors at the next election occurring not fewer than 30 days from the date of the final action by
the Mavor city commission. If no election is to be held within six months from such date, the
Mavor city commission shall call a special election to be held not fewer than 30 days nor more
than 120 days from such date.
(f) Initiative ballots. The ballots used when voting upon any such proposed ordinance shall
state the substance thereof in clear, concise language, without argument or prejudice, and shall
provide only for a vote "for the ordinance" or "against the ordinance". If a majority of the electors
voting on any such ordinance vote in favor thereof, it shall thereupon become an ordinance of
the city. When a ordinance proposed by initiative petition is passed by the Mayor city
commission, but not in its original form, the ordinance as passed by the Mayor city commission
shall not take effect until after the vote of the electors; if the ordinance so submitted is approved
by a majority of electors voting thereon, it shall thereupon become an ordinance of the city, and
the ordinance as passed by the Mayor city commission shall be deemed repealed.
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The following title shall be substantially the form of the ballot:
TITLE OF WITH GENERAL
STATEMENT OF SUBSTANCE THEREOF
FOR THE ORDINANCE.
AGAINST THE ORDINANCE.
(g) Number of ordinances to be initiated. Any number of proposed ordinances may be voted
upon at the same election in accordance with the provisions of this Charter.
Sec. 6. The referendum.
(a) Power of referendum. The electors shall have power at their option to approve or reject at
the polls any measure passed by the Mayor city commission or measure submitted by the
Mayor city commission to a vote of the electors excluding measures relating to subjects that
would be precluded by law. Such power shall known as the "referendum". Measures submitted
to the Mayor city commission by initiative petition and passed by the city commission without
change or passed in an amended form shall be subject to the referendum in the same manner
as other measures.
Any five registered voters may commence referendum proceedings by filing with the city clerk
an affidavit stating they will constitute the committee of the petition and be responsible for
circulating the petition and filing it in proper form. The affidavit shall state the names and
addresses of the members of the committee of the petition and shall specify the name and
address of the member to whom all notices are to be sent. The affidavit shall set out in full the
referred measure.
(b) Referendum petition. If within not less than ten days nor more than 30 days after the final
passage of any measure by the Mayor city commission, a petition signed by 15 percent of the
total number of voters registered at the last general municipal election as shown by the city
registration records, is filed with the city clerk requesting that such measure or any part thereof
be repealed or be submitted to a vote of the electors, that measure or part shall not, except in
the case of an emergency measure, become operative until the steps indicated herein have
been taken.
(c) Signatures to petition. The signatures of the 15 percent of the electors of the city
registered at the last general municipal election are required for referendum petitions. The
referred measure in full shall be attached to the petition for review of the signer. The signatures
of referendum petitions need not all be on one paper, but the circulator of every such paper
shall make an affidavit that each signature appended thereto is the genuine signature of the
person whose name it purports to be. Each signature shall be in ink or indelible pencil and shall
include the date signed, the printed name and address of the signer. All such papers shall be
filed in the office of the city clerk as one instrument. A referendum petition need not contain the
text of the measure or part of which repeal is sought, but shall briefly describe the ordinance or
part sought to be repealed and such measure shall be attached to the petition for review of the
sig ner.
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The circulator of every such paper shall make an affidavit on each page in substantially the
following form:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
being duly sworn, deposes and says that he (or she) is the circulator of the
foregoing petition paper containing signatures, and that said signatures were
made in his (or her) presence and are the signatures of the persons whose names they purport
to be.
(Signed)
Subscribed and sworn to before me this
/ 20
Notary Public
day of /
All papers pertaining to any one measure shall be filed in the office of the city clerk as one
instrument and shall have written or printed thereon the names and addresses of the committee
of the petition who shall be officially regarded as filing the petition and who shall constitute the
committee of the petition for the purposes hereinafter named.
(d) Certification of petition. Within 20 days after the filing of the petition, the city clerk shall
ascertain by examination the number of registered voters whose signatures are appended
thereto and whether said number is at least 15 percent of the total number of registered voters
as shown by the city registration records. The city clerk shall attach to such petition his or her
certificate showing the result of such examination and give notice thereof in writing to the person
designated to receive notices by the committee of the petition. If the number of signatures
supporting the petition is shown to be insufficient, the petition may be amended once within 10
days from the date of said certificate by the filing an amended petition with additional signatures.
The city clerk shall, within 10 days after such amendment, make examination of the amended
petition.
(e) Referendum election. If the petition is found sufficient, the Mavor city commission shall
proceed to reconsider such measure or such section thereof as the petition shall specify. If upon
such reconsideration such measure, or such part thereof, is not repealed or amended as
demanded in the petition, the Mayor city commission shall provide for submitting the same, by
the method herein provided, to a vote of the electors at the next general municipal election
occurring not less than thirty days after the receipt by the Mayor city commission of the city
clerk's certificate, and such measure, or such part thereof, shall thereupon be suspended from
going into effect until said election and shall then be deemed repealed unless approved by a
majority of those voting thereon. The Mavor city commission by a four fifths vote may submit
such measure or part thereof with like effect to the electors at a special election to be called by
said Mayor city commission not less than thirty days after the receipt of the city clerk's
certificate.
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(f) Limitations on enforcement of ordinances. No measure shall go into effect until thirty days
after its passage unless it is declared in such ordinance to be an emergency measure on the
ground of urgent public need for the preservation of peace, health, safety, or property and the
measure being passed by a vote of not less than four -fifths of the members of the Mayor city
commission. No measure amending or repealing any measure adopted by the people at the
polls or by the Mayor city commission in compliance with an initiative petition shall be regarded
as an emergency measure.
(g) Form of ballot. The ballots used when voting upon such referendum shall state the
substance of the measure in clear, concise language, without argument or prejudice, and shall
specify whether the measure is being submitted for approval or for repeal. If the measure is
being submitted for approval, the ballot shall provide only for a vote "for the measure" or
"against the measure". If the measure is being submitted for repeal, the ballot shall provide only
for a vote "for repeal" or "against repeal".
(h) Emergency measures. Measures passed as emergency measures shall be subject to
referendum like other measures, except that they shall not be suspended from going into effect
while referendum proceedings are pending. An emergency measure subsequently repealed
shall be deemed sufficient authority for any payment made or expense incurred in accordance
with the measure previous to the repeal.
(i) Conflict of referred measures. If two or more measures adopted or approved at the same
election conflict with respect to any of their provisions, all nonconflicting provisions shall go into
effect. The provisions of the measure receiving the highest affirmative vote shall prevail over the
conflicting provisions of other measures.
(j) Adoption or repeal. If a majority of the electors voting on any referendum vote to adopt or
repeal any measure or part thereof, such measure or part shall thereupon be deemed adopted
or repealed, as the case may be.
Sec. 7. - Election of city commissioners and mayor.
Beginning with the first election after the November 2021 election, a general municipal election
for the mayor and city commircioncrs shall be held on the first Tuesday after the first Monday in
November in odd -numbered years. A runoff election for the mayor and city commiscioncrc 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 mayor or city commissioner upon paying to the City of Miami the
sum as prescribed by ordinance to be accepted by the city clerk as a qualifying fee along with
the sum for election assessment as prescribed by state law during the qualifying period as
prescribed in this Charter prior to the date of such general municipal election or special election
to fill a vacancy. Any person qualified to run for mayor or city commissioner shall file an affidavit
of candidacy in the form provided by the city clerk including his or her name, address,
occupation and willingness to serve if elected, accompanied by the requisite documents and
fees as provided in state law and section 7 of this Charter. An affidavit of candidacy shall be
filed not earlier than 60 days and not later than 45 days prior to the date of the general
municipal election or during the qualifying period for a special election to fill a vacancy.
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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 /1. 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 canvass of the vote by the
supervisor of elections as provided in Section 4. A tie 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 vacanciesy for mayor, and commission.
(a) Except as provided for in Section 4(q) of this Charter, A -a vacancy on the city
commission or in the office of mayor caused by death, incapacitating disability, resignation,
forfeiture, suspension, removal, or other action or causes shall be filled within ten days after
such vacancy occurs by member of the administration designated by the Mayor pursuant to
Section 4(f)(8) of this Charter. 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 commiscioncr.c; 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 member of the administration designated by the Mayor pursuant to Section 4(f)(8)
of this Charter remaining city commiscioncrs shall fail or refuse to fill such vacancy within ten
days after it occurs, as provided herein, the member of the administration designated by the
Mayor pursuant to Section 4(f)(8) of this Charter 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
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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 the Office of Mayor any elected offico 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 Mayor c,ected official who has so vacated his or her seat is later
absolved of the allegations of wrong -doing, the Mayor that elected official shall be entitled to
resume his or her office elected posi+inn for the remainder of the unexpired term, if any. The
term of the individual who assumed the position previously vacated by the Mayor that elected
official shall automatically terminate upon the restoration to office of the original Mayor. seat
holder.
(d) If the member of the administration designated by the Mayor pursuant to Section 4(f)(8)
of this Charter city commissioners shall fail to comply with his or her 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 Mayor 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 cc ttee as the case magi be which may be served and executed by any
police officer.
Sec. 15. City manager Qualifications; appointment; term; salary; sickne-c or absence; removal.
The city manager shall be the head of the administrative branch of the city government. The city
provided in section 4(g). The city manager shall be chosen on the basis of thc city managcr's
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 thc city to assume the duties and authority of the city manager during
periods of temporary absence or disability of the city manager.
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The city manager shall be responsible for the administration of all units of the city government
other evidences of indebtedness.
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
and in thc classificd scrvice all appointments and removals to be subject to the civil
ccrvice 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 m surcc as the
city manager may deem necessary or expedient.
(f) Keep the mayor and 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 commi"lion.
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 thc affairs of any dcpartmcnt or thc conduct of any officcr or cmployee shall have the
same right to require the attendance of witne-ses and production of books and papers and other
cvidcncc as is confcrrcd upon thc mayor and city commiscion by this Charter.
Sec. 19. Creation of new departments; discontinuance of departments.
The mayor city commission may, by ordinance adoptcd by votc of at I ast thrcc mcmbcrs of the
city commission, create new departments or discontinue any department and determine,
combine, and distribute the functions and duties of departments and subdivisions thereof.
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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 Mayor 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 Mayor 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 Mavor, 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 or she 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 cicction appointment by the Mayor city commission shall
serve until the time for the election of the Mavor city officials specified in section 4 of the Charter
which follows the next general municipal election.
Sec. 23. Department of off-street parking; off-street parking board.
(a) There is hereby created and established as an agency and instrumentality of the City of
Miami, a new department to be named and known as the "Department of Off -Street Parking of
the City of Miami" (hereinafter sometimes called the "department of off-street parking" or the
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"department"), and by that name it may sue and be sued, plead and be impleaded, contract and
be contracted with and have an official seal; provided, however, that the department shall not
commence business or exercise any of the powers granted by this act unless and until the
Mayor city commission of the City of Miami shall by ordinance declare the need for the
department and for the off-street parking board of the City of Miami hereinafter created. The
department, which shall operate and function under the supervisory control of the board created
and established in subsection (b) hereof, shall consist of a chief executive officer to be known
as the "director of the department of off-street parking" (hereinafter sometimes called the
"director of the department" or the "director") and such other officers and employees as shall be
necessary to exercise the powers and perform the duties and functions of the department.
(b) There is hereby created and established a board to be known as the "Off -Street Parking
Board of the City of Miami" (hereinafter sometimes called the "off-street parking board" or the
"board") which shall consist of five members. Each member of the board shall either reside or
have his or her principal place of business in the city and shall be an individual of outstanding
reputation for integrity, responsibility and business ability, but no officer or employee of the city
shall serve as a member of the board while employed as such officer or employee of the city.
Within thirty days after the Mayor city commission shall have adopted an ordinance declaring
the need for the department and for the board, he or she it -shall appoint the members of the
board, two of whom shall hold office for a term of two years, two of whom shall hold office for a
term of three years, and one of whom shall hold office for a term of four years, and thereafter
each member shall be appointed for a term of five years, as herein provided.
At least twenty days prior to the date of expiration of the term of any member of the board, or
within ten days after the death, resignation or removal of any such member, such member's
successor shall be named and appointed by the remaining members of the board, subject to
confirmation by the Mayor city commission of the city. In the event that any appointment so
made shall not be confirmed by the Mayor city commission within ten days after notice of such
appointment has been served upon the Mayor city commission, the appointment shall be null
and void, and thereupon the remaining members of the board shall make a new appointment, or
appointments, which shall likewise be subject to confirmation by the Mayor city commission and
each member of the board shall be eligible for reappointment. The successor in each case shall
be appointed and shall hold office for a term of five years from the date of expiration of the term
of his or her predecessor, except that any person appointed to fill a vacancy shall serve only for
the unexpired term.
Upon the effective date of his or her appointment, or as soon thereafter as practicable, each
member of the board shall enter upon his or her duties, but before doing so he or she shall take
the oath prescribed by law and shall execute a bond in the penal sum of ten thousand dollars
($10,000.00) payable to the department and conditioned upon the faithful performance of the
duties of his or her office, which bond shall be approved by the Mayor city commi"lion of the
city and filed with the city clerk, the cost of the premium on any such bond to be treated as part
of the cost of operating the department.
The members of the board shall each be paid a salary of fifty dollars ($50.00) per annum, or
such larger sum as the Mayor city commission may establish by ordinance, payable in monthly
installments.
Any member of the board may be removed by the Mayor city commission of the city for good
cause and after proper hearing by the Mayor city commission, but if so removed, may apply to
the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, for a review of
the action of the Mayor city commission.
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(c) The board shall have the powers, duties and responsibilities customarily invested in the
board of directors of a private corporation, and shall exercise supervisory control over the
operation of the off-street parking facilities of the city, and all acts of the department and of the
director with respect to such facilities shall be subject to the approval of the board. The board
shall elect one of its members to serve as chair of the board, shall make appropriate rules and
regulations for its own government and procedure, and shall hold a regular meeting at least
once a month and such special meetings as it may deem necessary, and all such meetings
shall be open to the public.
(d) From and after the date of appointment of the first member of the board, the department
shall operate, manage and control the off-street parking facilities of the city and all properties
pertaining thereto now owned or hereafter acquired or constructed by the city or by the
department and shall succeed to and exercise all powers vested in and succeed to and perform
all functions and duties imposed upon the department of off-street parking of the city by and
under the provisions of this act.
Upon the adoption by the Mayor city commission of an ordinance declaring the need for the
department and the board, all powers, functions and duties relating to such off-street parking
facilities and properties pertaining thereto then vested in the city or any of its departments
officers, including but not limited to the exercise of the power of eminent domain, shall be and
are hereby transferred to the department, and all books, records and papers now existing or
hereafter acquired in the operation and maintenance of said facilities or relating thereto shall be
the property of and under the jurisdiction and control of the department; provided, however, that
nothing contained in this section shall be deemed to vest in the department the power to
establish and fix rates and charges for off-street parking service furnished by the off-street
parking facilities of the city or the power to issue revenue bonds. The department shall have full
power and authority to acquire, own, use, hire, lease, operate and dispose of real property and
personal property and of any interest therein, including the power to acquire by eminent domain
proceedings lands or any interest therein and rights -of -way and easements upon, in, along or
across any public street, road or highway for the purpose of constructing, maintaining or
operating off-street parking facilities as shall be necessary in the judgment of the off-street
parking board, and to make and enter into all contracts necessary or incidental to the exercise
of its powers and the performance of its duties and functions with respect to the operation,
management and control of said facilities, and to promulgate and enforce appropriate rules and
regulations governing the utilization of the services of the off-street parking facilities of the city.
(e) The director shall be appointed by and shall hold office at the will of the board. Such
person shall be of good moral character and have an excellent reputation for integrity,
responsibility and business ability, but no member of the board shall be eligible for appointment
as director. The director shall receive such salary, payable to him or her in equal semi-monthly
installments, as shall be fixed by the board. Before entering upon his or her duties, the director
shall take any oath and execute any bond prescribed by law. The director shall act as the chief
executive officer of the department, shall devote his or her entire time and attention to the duties
of his or her office and shall not engage actively in any other business or profession. Subject to
the direction and approval of the board, the director shall have general supervision over and be
responsible for the operation and maintenance of the off-street parking facilities of the city and
shall exercise the powers vested in and perform the functions and duties imposed upon him or
her as herein provided. The director shall attend all meetings of the board, shall furnish to the
board and the Mayor city commission of the city a monthly report with respect to the operation,
maintenance and financial condition of the department of off-street parking, and shall from time
to time have prepared and shall furnish such reports, audits and other information relating to
said facilities as may be required by the board.
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In the event that the director shall for any reason be temporarily incapable of exercising the
powers and of performing the duties and functions of his or her office, the board may appoint an
acting director to exercise such powers and to perform such functions and duties until such
incapacity of the director shall be terminated.
(f) Subject to the approval of the board, the director shall employ such additional executive
and operating assistance, including engineering and other experts and professional assistance,
as shall be necessary to provide for the efficient operation of the department. Included in the
personnel to be employed, there shall be the following subordinate officers whose positions
shall be in the unclassified service of the city:
(1) A treasurer, who shall perform the functions and duties customarily performed by the
treasurer of a private corporation. The treasurer shall be responsible for all funds of the
department, for all accounts and accounting records relating to the department and its
operation, and for the preparation of all checks and vouchers requisite to the operation of the
department.
(2) A secretary, who shall perform the functions and duties customarily performed by the
secretary of a private corporation. The secretary shall have charge and custody of the official
seal and of all books, records, documents and papers of the department other than those
required to be in the custody of the treasurer. He or she shall attend in person all meetings of
the board, and shall keep a correct record of all the proceedings of the board, and shall perform
such other duties as may be assigned to him or her as secretary by the board.
(g) The city attorney shall act as general counsel for the department and for the board in all
matters of law which may arise, and shall prosecute or defend all suits brought by or against the
city or the department or the board which relate to the off-street parking facilities of the city.
Special counsel as shall be deemed necessary by the city attorney may be employed by the
director subject to the approval of the board, city attorney and the Mayor city commission. Such
special counsel shall serve under the direct supervision and control of the city attorney.
(h) All budgets, funds and accounts pertaining to the off-street parking facilities of the city
shall be segregated from all other budgets, funds and accounts of the city and shall be so kept
that they shall reflect the financial condition and the operation of each off-street parking facility
of the city separately. Not later than one month before the end of each fiscal year the director,
with the approval of the board, shall prepare and submit to the Mayor city commission of the city
a budget estimate of expenditures and revenues for the ensuing fiscal year in the same form
and like manner as all other departments of the city for approval by the Mayor city commission
with the exception, however, that such budget estimate will be submitted directly to the Mayor
city commission of the city for his or her its -approval.
(i) All expenses incurred by the department and by the board in exercising their powers and
performing their functions and duties shall be paid solely from the revenues of the off-street
parking facilities of the city and no liability or obligation not payable from the revenues of said
facilities shall at any time be incurred in connection with the operation thereof.
(j) Should there occur in any fiscal year an excess of revenue over expenditures required for
operation, maintenance, required reserves and debt service, then such excess revenues shall,
subject to the provisions of any ordinance of the Mayor city commission of the city authorizing
the issuance of parking facilities revenue bonds of the city, and to the provisions of any trust
indenture or trust agreement securing such bonds, be paid into the general funds of the city.
(k) All powers and rights conferred by this section shall be in addition and supplemental to
those conferred by any other general or special law and shall be liberally construed to effectuate
the purposes hereof; and the department and the board shall have power, in addition to
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exercising the powers expressly conferred in and by this section, to do all things necessary or
convenient to carry out the purposes hereof.
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 Mayor city commission.
(a) Division of police. The police force shall be composed of a chief and such officers and other
employees as the Mayor 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.
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.
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(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.
The employee shall be allowed the same appeal procedure as set forth in section 36(f) of the
Charter_, provided, however, in the event the offices of city manager and director of public safety
arc hold by the samc per�on, the city manager dircctor of public safcty, bcforc pa -ping upon the
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.
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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 suspcndcd the
city manager 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 Mayor 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.
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.
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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 Mayor 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 Deputy Mayor city manager for the appointment of
persons to serve on the review committee. Said review committee shall consist of an
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 Deputy Mayor city
manager no fewer than five days prior to the above -mentioned public hearing.
At the conclusion of the public hearing the Mayor 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 Deputy Mayor city
manager.
The procedure for the selection of an integrated package proposals shall be as follows:
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(1) all proposals shall be analyzed by a certified public accounting firm appointed by the
Mayor 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 Deputy
Mayor city manager shall recommend one or more of the proposals for acceptance by
the Mayor city commission, or alternatively, the Deputy Mayor city manager may
recommend that all proposals be rejected. If there are three or more proposals and the
Deputy Mayor city manager recommends only one, or if the Deputy Mayor city manager
recommends rejection of all proposals, the Deputy Mayor city manager shall state in
writing the reasons for such recommendation.
In transmitting his or her recommendation or recommendations to the commission, the
Deputy 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 Mayor. city
commission.
The Mayor commission may accept any recommendation of the Deputy Mayor. city manager lay
an affirmativc vote of a majority of its members. In the event the Mayor commission does not
accept a proposal recommended by the Deputy Mayor city manager or does not reject all
proposals, the Mayor commission shall seek recommendations directly from the aforementioned
review committee, which shall make a recommendation or recommendations to the Mayor
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 Mayor commission shall;
by an affirmative vote of a majority of its mcmbcm:
(1) accept any recommendation of the review committee; or
(2) accept any previous recommendation of the Deputy Mayor city manager; or
(3) reject all proposals.
All contracts for unified development projects shall be signed by the Mayor city manager or
designee_ aftcr approval thcreof 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.
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(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 Mayor, city
commission, or the off-street parking board, or the downtown development authority board of
directors. The Mayor 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 the Mayor 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 Mavor city commission.
(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 Mayor city commission to terminate the contract after a public hearing. Prior to
such public hearing, the Mavor city commission shall seek and obtain a report from the
city manager and from the review committee that evaluated the proposals for the project,
concerning the advisability of exercising that right.
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Sec. 29-B. City -owned property sale or lease —Generally.
Notwithstanding any provision to the contrary contained in this Charter or the City Code, and
except as provided below, the Mayor city commission is prohibited from favorably considering
any sale or lease of property owned by the city unless there is a return to the city of fair market
value under such proposed sale or lease. The Mayor city commission is also prohibited from
favorably considering any sale or lease of city -owned property unless (a) there shall have been,
prior to the date of the Mayor's city commission's consideration of such sale or lease, an
advertisement soliciting proposals for said sale or lease published in a daily newspaper of
general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of
proposals from prospective purchasers or lessees, said advertisement to be no less than one-
fourth (') page and the headline in the advertisement to be in a type no smaller than 18-point
and, (b) except as provided below, there shall have been at least three (3) written proposals
received from prospective purchasers or lessees; however, if there are less than three (3) such
proposals received and if the guaranteed return under the proposal whose acceptance is being
considered is equal to fair market value the Mayor city commission determines that the
contemplated sale or lease will be in the city's best interest then, subject to the approval of a
majority of the votes cast by the electorate at a referendum, the sale or lease may be
consummated. Any lease for the development of improvements of city -owned property which
has been approved by voter referendum shall require additional voter referendum approval for a
development on City -owned property where the developer has not obtained the necessary
building permits within four (4) years of the effective date of the lease. Such section shall not be
applicable when the delay in the performance of any obligation is as a result of force majeure, or
litigation that questions the validity of the vote, or the Mayor's City Commission action to place
the question for referendum, then the performance of such obligation shall be extended by the
length of the delay. In the case of city -owned property which is not waterfront, when the value of
such property to be sold or leased (individual leaseholds within a single city -owned property
shall not be considered as a single parcel of property for such valuation purposes) is five
hundred thousand dollars ($500,000) or less, based on an appraisal performed by a state -
certified appraiser, the Mayor city commi"lion, by a 4/5 the affirmative vote, may sell or lease
said city -owned property after compliance with the advertisement requirements set forth above
but without the necessity of a referendum.
The above provisions and any other city requirements for competitive bidding shall not apply
when:
(a) conveying property to implement housing programs or projects which are intended to
benefit persons or households with low and/or moderate income, the criteria of which to be
provided for by federal and/or state law or by the Mayor city commission;
(b) conveying property to implement projects authorized under the Florida Community
Redevelopment Act of 1969, as amended;
(c) conveying property to implement projects of any governmental agency or instrumentality;
(d) disposing of property acquired as a result of foreclosure;
(e) disposing of property acquired in connection with delinquent taxes which properties were
conveyed to the city by the Miami -Dade board of county commissioners under the provisions of
Section 197.592 Florida Statutes, as amended; and
(f) disposing of non -waterfront property to the owner of an adjacent property when the subject
property is 7,500 square feet or less or the subject non -waterfront property is non -buildable.
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Notwithstanding anything herein to the contrary, the Mayor city commission, by a /1/5 the
affirmative vote, may:
(a) grant a lessee of city -owned property a one-time extension during the last five years of its
lease, without the necessity of a referendum, for the purpose of funding additional capital
improvements. The extended term shall not exceed twenty-five percent of the original term or
ten years, whichever is less. The granting of such an extension is subject to the lessee paying
fair market rent as determined by the city at the time of such extension and not being in default
of its lease with the city nor in arrearage of any monies due the city; and
(b) amend the Lease Agreement between the City of Miami and Biscayne Bay Restaurant
Corp., d/b/a Rusty Pelican, dated February 13, 1970, as amended, to (i) extend the lease for an
additional term of fifteen (15) years, with the option to renew for two (2) additional five (5) year
periods, (ii) increase the amount of the minimum guarantee to the City to at least $360,000 per
lease year effective upon execution of the lease amendment, and (iii) require Rusty Pelican to
complete capital improvements to the property, including a public baywalk, in the amount of not
less than $3 Million, within twenty-four (24) months of the effective date of the lease
amendment; and
(c) waive competitive bidding and execute a lease with Dade Heritage Trust, Inc. for the City -
owned building located at 190 Southeast 12th Terrace, for a term of thirty (30) years, with two
(2) thirty (30) year renewals, for minimum annual rent of $600.00 with Consumer Price Index
adjustments, with restrictions, reversions, and retention by the City of all other rights; and
(d) waive competitive bidding and execute a Fifth Amendment to the Lease Agreement with
Aligned Bayshore Marina, LLC, also known as Monty's, to extend the current lease term by an
additional term of approximately thirty-two (32) years (to expire May 31, 2067), with two (2) ten
(10) year options to renew for a total term of fifty-two (52) years (to expire May 31, 2087); which
will increase minimum rent payment by an additional two hundred thousand dollars
($200,000.00) per lease year, for a minimum of ten million dollars ($10,000,000.00) over the
base term of the amended Lease Agreement, or one and three quarters percent (1.75%) of
gross rent receipts from the Property, whichever is greater, as additional rent due to the City
and, commencing January 1, 2019, minimum annual total rent (inclusive of the additional
minimum rent) shall be one million five hundred thousand dollars ($1,500,000.00), plus an
additional twenty five thousand dollars ($25,000.00) to be paid on an annual basis for the full
amended term to a special fund to be established by the City for the benefit of low income
housing renovation; further providing capital improvements to the Property of a minimum of
seven million five hundred thousand dollars ($7,500,000.00) to be spent within three (3) years of
the electorate's approval of the Fifth Amendment to the Lease Agreement; further creating a
capital account requiring a minimum additional investment in the Property of four million dollars
($4,000,000.00) over the amended Lease term, inclusive of the renewal options; requiring a
Transfer Fee payment to the City if the Property is transferred or assigned; and further requiring
a Refinancing Fee payment to the City should the Property be refinanced after the initial
refinancing.
Notwithstanding anything in this Charter to the contrary, the City may enter into leases or
management agreements, for any City -owned submerged lands, with entities having a
possessory or ownership interest in the abutting riparian uplands for building marinas, docks or
like facilities, using methods adopted by ordinance on the condition that such leases or
management agreements result in a return to the City of at least fair market value.
Sec. 29-C. Same —Watson Island.
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Notwithstanding any provision to the contrary contained in the Charter or Code of the City of
Miami, no sale, conveyance, lease or management agreement may be entered into for the
management, occupancy or use of the area known as Watson Island for periods greater than
one year unless (1) there shall have been, prior to the date of the Mayor's city commission's
consideration of such sale, lease, management agreement, an advertisement soliciting
proposals for said sale, lease or management agreement, published in a daily newspaper of
general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of
proposals from prospective purchasers or lessees, said advertisement to be no less than one-
fourth page and the headline in the advertisement to be in a type no smaller than 18-point; and,
(2) the proposed transaction be approved by a majority of the votes cast by the electorate at a
referendum. The procedures for selection of proposals shall be those provided by Charter
section 29-A(c) or (d) as appropriate and/or by applicable City Code provisions. Nothing herein
shall affect the existing rights or privileges, if any, of any lessee, permittee, licensee or
concessionaire currently situated in said area; however, any enlargement, amendment, transfer,
or increase in those rights or privileges as may be in existence at the time this amendment is
adopted shall require compliance with the provisions of this amendment. This Charter
Amendment shall not affect the city's use or occupancy of the area, nor shall it apply to
contracts for the construction of any city facilities or improvements in the area; further, nothing
contained herein shall apply to projects of any governmental agency or instrumentality.
The Mayor city commission, by a 1I/5t"°affirmative vote, may authorize issuance of a license or
concession agreement for a period not exceeding one (1) year, without the necessity of a
referendum, for the use of Watson Island.
Sec. 29-D. City -owned waterfront property; leases with nonprofit organizations; authorization to
waive competitive bidding and referendum requirements; terms of lease.
Notwithstanding any provision to the contrary contained in the Charter or Code of the City of
Miami, the Mayor city commission is authorized to waive all competitive bidding and referendum
requirements, if applicable, when entering into a lease or extending an existing lease with a
nonprofit, noncommercial, water -dependent organization which provides or seeks to provide
marine -recreational services and/or activities to the community at any city -owned waterfront
property, provided all of the following conditions are met:
(A) The terms of the lease allow reasonable public access to the water and reasonable public
use of the property, and complies with all waterfront setback and view -corridor requirements set
forth in the Charter and Code;
(B) The use is authorized under the then existing comprehensive plan of the city;
(C) The terms of the lease require that the property be used for public purposes only;
(D) The terms of the lease result in a return to the city based on fair market value pursuant to
two (2) independent appraisals; and
(E) The terms of the lease comply with all requirements pertaining to membership prescribed
by ordinance for organizations using city facilities.
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 Mayor city commission,
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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 Mayor
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 Mayor city commission in
his or her own defense. Any vacancy shall be filled by the Mayor 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 heads of departments, members of appointive boards, judges of the city court,
the city clerk, chief of police, chief of fire division, and the superintendent of
communications division;
(C) Assistants to department heads:
Assistant chiefs of the police division;
All ranks in the police division above the classified position of police captain;
Assistant chiefs of the fire division;
Chief of fire prevention;
Director of training in the fire division;
Battalion chiefs;
Chief of fire rescue;
Assistant to the superintendent of the division of communications_;
Director of corrections.
(D) All attorneys employed by the city. The city attorney shall be the supervisor of all
attorneys employed by the city. The city attorney shall have exclusive authority
regarding, but not limited to appointment, removal and salary as to assistant city
attorneys. The foregoing provisions of subsection (D) shall not apply to those attorneys
in the classified service of the city on November 1, 1972.
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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
Mayor 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 Mayor 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.
(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,
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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
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 Mayor 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 Mayor city commission, and a sufficient sum shall be appropriated
each year to carry out the civil service provisions of this Charter.
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Sec. 37. - Pension funds.
(a) The Mayor city commission shall establish a fund or funds for the relief or pension of
persons in the classified service of the city. The Mayor city commission, on behalf of the city,
may receive gifts, devises, and bequests of money or property for the benefit of such fund or
funds; may make contributions of public money thereto on such terms and conditions as it may
see fit; and shall make rules and regulations for the management, investment, and
administration of such fund or funds.
(b) The Mayor city commission shall have power to make contracts of insurance with any
insurance company authorized to transact business in this state, insuring its employees or any
class or classes thereof under a policy or policies of group insurance covering life or health or
accident insurance or any two or more of such classes of insurance and may contract with any
company granting annuities or pensions and authorized to transact business within the state for
the pensioning of such employees or any class or classes thereof; for any and all such purposes
the Mayor city commission may appropriate the funds necessary to pay premiums or charges
incident to the carrying on of such policies or contracts.
Sec. 38. City planning and zoning board.
(a) Comprehensive planning. The Mayor city commission is empowered to plan for the future
development of the city and, as an integral part of the planning process, to take all lawful actions
necessary to implement plans made.
In furtherance of this authority, the Mayor city commission may undertake continuing
comprehensive planning programs and may adopt comprehensive plans to guide the future
development of the city in order to preserve and enhance the present advantages of the city, to
overcome present handicaps, and to prevent or minimize future problems. Continuing
comprehensive planning programs and comprehensive plans that may be adopted may include,
but are not to be deemed as limited to:
(1) principles and policies to be followed in future development of the city;
(2) location, relocation, and character of the various uses of land and water;
(3) location, relocation, and character of public and private open spaces for recreation,
amenity, and cultural life;
(4) modes and means of travel and transportation;
(5) location and character of public buildings, services, and facilities;
(6) provision of necessary utilities;
(7) conservation, rehabilitation, or replacement of housing;
(8) density of population;
(9) methods and policies for encouragement of cooperation of private persons and groups in
the accomplishment of adopted comprehensive plans;
(10) taxing and financial arrangements and long-range capital improvement programs
deemed necessary to implement the planning program; and
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(11) land -use control and regulatory measures and other instruments deemed necessary to
accomplish the aims and objectives of adopted comprehensive plans.
(b) Authority to implement comprehensive plans. The Mayor city commission is authorized to
use all lawful powers conferred upon the city to implement comprehensive plans that may be
adopted and to provide for the status of such adopted plans. Particularly, but not in limitation
thereof, the Mayor city commission is authorized to adopt and enforce:
(1) controls on the use of lands and waters;
(2) zoning of lands and waters;
(3) regulations for the development or subdivision of land;
(4) building, plumbing, electrical, gas, fire, safety, sanitary, and other codes; and
(5) minimum housing codes.
(c) Creation of implementing boards. The Mayor city commission shall by ordinance create
such appropriate board or boards as it may deem necessary to carry out the functions as set out
in subsections (a) and (b) above.
The Mayor city commission may by ordinance provide for the establishment and method of
composition of the board or boards; the number of members; the qualifications of members; the
staggering of terms to insure board continuity; the method of filling vacancies; the method of
removal; the compensation, if any; the participation of alternate members, if any, in board
business; the general rules of organization, procedures, and conduct of business; the giving of
notice and necessary public hearings on matters relating to the functions of the board or boards;
and other matters deemed necessary by the Mayor city commission to the proper functioning of
such board or boards.
The Mayor city commission may by ordinance make provision for the functions, responsibility,
advisory or quasijudicial duties, and authority of the board or boards created by the Mayor city
commission. The Mayor city commission may by ordinance set out the standards and limitations
under which such board or boards shall operate; the relationship of the board or boards to each
other, to the Mayor city commission, or to the courts as provided by law; and the method of
review of any decisions of such board or boards.
(d) Administrative support and appropriations. The Mayor city commission shall provide such
administrative arrangements, support, and appropriations as it may deem necessary to enable
the board or boards established under this section properly to perform their functions and meet
their responsibilities and to insure that proper and necessary liaison is maintained between
them and with the Mayor city commission.
(e) Task forces or committees. The Mayor city commission may by resolution appoint task
forces or committees to serve as advisory or recommendatory agents to the board or boards
established under this section on particular problems relating to the areas of responsibility and
authority of the particular board.
Sec. 40. Subdivisions.
(a) Plat requirements. Any owner of lots or grounds within the city who subdivides same for
sale shall cause to be made an accurate plat of said subdivision describing with certainty all
grounds laid out or granted for streets or other public uses. Lots intended for sale shall be
numbered by progressive numbers or described by the squares in which situated, and the
precise length and width shall be given of each lot sold or intended for sale; such plat shall be
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subscribed by the owner, acknowledged before an officer authorized to take the
acknowledgement of deeds, approved by the director of public works, and recorded in the office
of the clerk of circuit court in and for Dade County, Florida. No such plat shall be approved
unless it clearly gives an accurate description of the property showing section corners or
quarter -section corners or at least tying the property to one or more sections or quarter -section
corners or government monuments.
(b) Supervisor of plats. The director of public works shall be supervisor of plats of the city and
shall provide regulations governing the platting of all lands so as to require all streets and alleys
to be of proper width, to be coterminous with adjoining streets and alleys, and otherwise to
conform to the regulations prescribed. Whenever said director shall deem it expedient to plat
any portion of territory within the city limits, within which the necessary streets or alleys have not
already been accepted by the city, so as to become public streets or alleys, or when any person
plats land within the corporate limits or within two miles thereof, the director of public works
shall, if such plats are in accordance with the prescribed regulation, endorse his or her written
approval thereon. No plat subdividing lands within the corporate limits of the city or within two
miles thereof shall be entitled to record in the office of the clerk of the circuit court in and for
Dade County, Florida, without such written approval.
(c) Streets or alleys not accepted unless laid down on plat. No streets or alleys except those
laid down on the plats referred to in this section and bearing the approval of the director of
public works, as hereinbefore provided for, shall subsequently in any way be accepted as public
streets or alleys by the city, nor shall any public funds be expended in the repair or improvement
of streets and alleys subsequently laid out and not on such plat. This restriction shall not apply
to a street or alley laid out by the city nor to streets, alleys, or public grounds laid out on a plat
by or with the approval of the director of public works.
(d) Acceptance and confirmation of street or alley dedication. No streets or alleys hereafter
dedicated to public use by the owner of ground in the city shall be deemed a public street or
alley, or under the care and control of the Mayor city commission, unless the dedication be
provided in the plat or by warranty deed or other instrument of grant; unless the grant be
accepted and confirmed by resolution passed for that purpose; and unless the provisions of this
Charter relating to subdivisions shall have been complied with.
Sec. 43. Continuity.
(a) All city ordinances, resolutions, and regulations in force at the time this Charter takes
effect, and not inconsistent with the provisions hereof, are hereby continued in force until the
same shall be duly amended or repealed.
(b) Present officers and powers. All persons holding office in or employed by the city at the
time this charter goes into effect shall continue in such office or employment and in the
performance of their duties until provisions shall have been otherwise made in accordance with
the provisions of this charter for the performance or discontinuance of the duties of any such
office or employment. When such provisions are made the term of any such officer shall expire,
and the office shall be abolished. The powers which are conferred and the duties which are
imposed upon any officer, board, commission, or department of the city under the laws of the
state, shall, if such officer, board, commission, or department is abolished by this charter, be
thereafter exercised and discharged by the officer, board, or department upon whom are
imposed corresponding functions, duties, and powers under the provisions of this charter.
(c) Present contracts and proceedings. All rights, actions, proceedings, prosecutions, and
contracts of the city or of any of its departments or officers, pending or unexecuted when this
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charter goes into effect, and not inconsistent therewith, shall be enforced, continued, or
completed, in all respects, as though begun or executed hereunder.
(d) Present titles and rights. The title, rights, and ownership of property, uncollected taxes,
dues, claims, judgments, decrees, and choses in action held or owned by the city at the time of
the adoption of this Charter shall continue.
(e) Acts under former charters. All acts and proceedings of the Mayor city commission or of
any officer of the city done or taken pursuant to the provisions of the previous city charter are
hereby ratified.
Sec. 45. General provisions.
(a) Codification of ordinances. The Mayor city commission may at any time appoint a person
or persons and authorize them to arrange and codify the ordinances of the city and to publish
such codification in appropriate volume or volumes, which shall become the laws of the city
upon adoption by ordinance; provided, that in the exercise of the power by the Mayor city
commission to adopt said codification, it shall not be necessary to publish said codification, the
publication of the ordinance adopting the same being sufficient to make said publication binding
as the law of the city.
(b) Record of ordinances; evidence. It shall be the duty of the city clerk to record all
ordinances adopted by the Mayor city commission within 10 days after their passage in a book
kept for that purpose, properly indexed. A copy of any ordinance therefrom, certified by the city
clerk under the seal of the city, shall be received in evidence in all courts of this state.
(c) Ordaining clause. The ordaining clause of every ordinance shall be as follows: "Be It
Ordained by the Mayor City Commission of the City of Miami".
(d) Enumeration of powers not exclusive. The enumeration of particular powers in this Charter
shall not be deemed or held to be exclusive, but additional to the powers enumerated herein,
implied thereby, or appropriate to the exercise thereof; the city shall have and may exercise all
other powers which are now, or may hereafter be, possessed or enjoyed by cities under the
constitution and general laws of this state; and all the powers of the city, whether express or
implied, shall be exercised and embraced in the manner prescribed in this Charter, or when not
so prescribed, then in such manner as may be provided by ordinance or resolution of the Mayor
city commission.
(e) General laws to apply. All general laws of the state, applicable to municipal corporations,
heretofore or hereafter enacted and which are not in conflict with the provisions of this Charter
or with ordinances or resolutions hereafter enacted by this Mayor city commission pursuant to
authority conferred by this Charter shall be applicable to the city; provided, however, that
nothing contained in this Charter shall be construed as limiting the power of the Mayor city
commi"lion to enact any ordinance or resolution not in conflict with the constitution of the state
or with the express provisions of this Charter.
(f) Effect of state law and present ordinances. Nothing in this act shall be so construed as to
alter, abolish, affect or amend any of the laws of this state now in force or which may hereafter
be enacted relative to towns and cities of the state incorporated under the general law, nor any
of the ordinances of the city now in force, except such as are in conflict with the provisions of
this Charter; all such laws and ordinances are hereby declared to be in full force and effect.
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(g) Unconstitutionality of part of Charter. If any section or part of this Charter is declared
invalid or unconstitutional, such declaration shall not be held to invalidate or impair the validity,
force, or effect of any other section or part of this Charter, unless it clearly appears that such
other section or part is wholly and necessarily dependent for its operation upon the section or
part declared invalid or unconstitutional.
(h) Effective Date. This Charter shall take effect immediately upon being approved by a
majority of the electors of the city voting at an election called for the purpose of approving this
Charter.
Sec. 48. Office of independent auditor general.
(a) Created; responsibility. There is hereby created the Office and position of Independent
Auditor General to provide the Mayor City Commission with independent oversight of audit and
analytical functions of the City. The Office of the Independent Auditor General shall report
directly to the Mayor City Commission.
(b) Appointment, qualifications and term of Independent Auditor General. The Mayor city
commission shall appoint an auditor, who shall be a Certified Public Accountant, to serve as the
director of the Office of the Independent Auditor General and to be known as the Independent
Auditor General ("IAG"). At the time of appointment, the IAG shall have and maintain an active
license, shall be certified under the public accountancy law in Florida, shall have a degree in
public administration or in lieu of such degree shall have at least five years experience in public
administration and shall have sufficient experience in governmental accounting and auditing
practices. The initial appointment shall begin January 1, 2000, and shall end with the election in
November 2001. Thereafter, the appointment shall be for a term of four (4) years. During the
initial and any subsequent term, the IAG shall be subject to suspension and/or removal by the
Mayor city commission for incompetence, neglect of duty, immorality, drunkenness, failure to
obey orders given by proper authority, or for any other just and reasonable cause.
(c) Duties and powers. The IAG shall be responsible to provide independent oversight of audit
functions, and for the performance of such other duties as may be assigned by the Mayor city
commission or an„ member of the cit„ commission. To the degree necessary to fulfill the
responsibilities of the office, the IAG shall have the power and authority to:
(1) Examine city audit functions and accounting systems, provide budget and legislative
analysis, conduct financial, operational, compliance, single act and performance audits of city
government, officials, and independent agencies, with reports submitted to the Mayor city
commission as deemed necessary by the IAG or as may be required by the Mavor city
commission, from time to time, and copied to the administration.
(2) Have free and unrestricted access to city government employees, officials, records and
reports and where appropriate, require all branches, departments, agencies and officials of city
government to provide oral and written reports and to produce documents, files and other
records.
(3) Render assistance to external auditors retained by the Mayor city commi"lion. Such
assistance shall be limited to special audits or limited examinations ordered by the Mavor city
commission.
(d) Staffing. The Office of Independent Auditor General shall be staffed by such professional
assistants and support personnel as shall be designated by the IAG and as are approved in the
city's annual budget, as may be amended from time to time by the Mayor City Commission. The
IAG shall be the supervisor for all auditors and support personnel employed by the Office of the
Independent Auditor General. The IAG shall have exclusive authority regarding, but not limited
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to, appointment/hiring, removal, and salary as to all employees of the Office of Independent
Auditor General.
(e) Establishment of operating procedures and responsibilities. The IAG may, from time to
time, issue directives setting forth the operating procedures to be followed and responsibilities to
be discharged by the Office.
Sec. 49. Office of the City Clerk.
(a) There is established the office of the city clerk. The director of the office of the city clerk
shall be the city clerk. The city clerk shall be appointed as provided in Charter section 4(e). The
city clerk shall be the custodian of the seal of the city.
(b) The office of the city clerk shall have the following duties:
(1) Prepare and distribute notice of all public meetings as required by law and the minutes of
such meetings;
(2) Be custodian of inactive, archived and vital records of the city and maintain a records
management system;
(3) Conduct, supervise and certify all city elections;
(4) Be custodian of all legislation, lobbyist registration, contracts and bids;
(5) Perform such other duties as required in this Charter or as directed by the Mayor city
commission.
Sec. 51. - Civilian investigative panel.
The Mayor 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 approvcd 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 Mayor City
Commission;
(C) Operated on an annual budget established by the Mayor City Commi: sion, 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'c.:
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
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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;
(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 week and once in the third 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.
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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 the Charter be amended to provide a "Strong Executive Mayor" form of
government? The amendment removes the City Commission as the legislative
body of the City, removes the Office of the City Manager, and transfers the
powers formerly possessed by the City Commission and City Manager to the
Mayor. The amendment confers executive, legislative, and administrative
powers solely to the Mayor.
This Charter Amendment will amend Charter Sections 4, 5, 6, 7, 9, 12, 14, 15,
16, 17, 19, 20, 21, 23, 24, 25, 26, 27, 29, 36, 37, 38, 40, 43, 45, 48, 49, and 51
of the Charter of the City of Miami, Florida, as amended, to provide a Strong
Executive Mayor form of government, remove the City Commission as the
legislative body of the City, remove the Office of the City Manager, and transfer
the powers formerly possessed by the City Commission and 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 providing a Strong Executive
Mayor form of government.
Shall the Charter be amended to provide a
"Strong Executive Mayor" form of
government? This amendment removes the
City Commission as the legislative body of
the City, removes the Office of the City
Manager, and transfers the powers formerly
possessed by the City Commission and City
Manager to the Mayor. The amendment
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confers executive, legislative, and
administrative powers solely 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,
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.
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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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