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HomeMy WebLinkAboutCC 2021-09-13 Veto Legislation MemoCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Honorable Members of the City Commission Todd B. City Clerk DATE: SUBJECT: REFERENCES: July 30, 2021 FILE : Mayoral VETO of Resolution R-21-0327 adopted at the July 22, 2021 City Commission Meeting ENCLOSURES: /1) I am in receipt of a mayoral veto (received on Friday, July 30, 2021, at 3:48 p.m.) pertaining to Resolution R-21-0327 that was passed at the July 22, 2021 City Commission Meeting involving the following item: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), BY AMENDING SECTION 26, TITLED "SUSPENSION AND REMOVAL OF CHIEF OF POLICE AND FIRE CHIEF", TO SET FORTH A PROCEDURE, COMMENCING IN NOVEMBER 2021, FOR SELECTING AND APPOINTING THE POSITIONS OF CHIEF OF POLICE AND FIRE -RESCUE CHIEF; CALLING FOR AND PROVIDING THAT THE PROPOSED CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE CITY OF MIAMI'S GENERAL MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 2, 2021; 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 THIS RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE. Pursuant to City Charter Section 4(g)(5), the City Commission may, at its next regularly scheduled or special meeting after the veto occurs, override the veto by a four -fifths (4/5ths) vote of the City Commissioners present, notwithstanding any provisions to the contrary contained in the Charter and City Code. For your information, the next regularly scheduled meeting of the City Commission will occur on September 13, 2021. If you have any questions regarding this information, please do not hesitate to contact me. C: Francis Suarez, Honorable Mayor Arthur Noriega, V, City Manager Victoria Mendez, City Attorney FRANCIS SUAREZ MAYOR (City of Yami, 'jfIcirriba Incuxl 0e0011 *. ie SS Office of the Mayor Miami, Florida Veto and Veto Message TO: Honorable Members of the City Commission Mian , Flori FROM: ami, Florida Mayor Francis X. Suarez Date: Friday, July 30, 2021 3500 PAN AMERICAN DRIVE MIAMI, FLORIDA 33133 (305) 250-5300 FAX (305) 854-4001 773 1 Pursuant to the authority vested in me under the provisions of Section 4(g)(5) of the Charter of the City of Miami, Florida, I hereby veto: Resolution (R-21-0327) / File Number 8358 Proposed Charter Amendment Veto Message: As the Mayor of the City of Miami, I exercise my right to veto the recent resolution of the City of Miami Commission ("Commission") approving a proposed Charter amendment to modify the selection and appointment of the Chief of the Police Department ("Police Chief') and Chief of the Fire -Rescue Department ("Fire Chief'). The City of Miami strives to attract and to hire the best professionals to lead our departments, and many talented professionals express - sometimes privately - a desire to join and to help improve the quality of life of our many residents. The desire to help refine this process is commendable but this legislation will likely reduce the pool of qualified candidates for consideration. For instance, a current Police Chief or Fire Chief from another jurisdiction will be placed in a tenuous position: what would happen with his/her current employer if everyone knows that he/she is applying for a new job, and what would happen if he/she fails to land the new job? The proposed Charter amendment is poorly drafted. It seeks to incorporate a clumsy approach to the selection of the Police Chief and Fire Chief. To start, the legislation does not provide specific guidance regarding what is "a sufficient number of qualified candidates" or what type of advertisement is considered to be sufficient to generate qualified candidates. The legislation creates a selection committee with qualifications to be a member, and it requires it to recommend the top three finalists to the City Manager. But no contingency is contemplated in the event that the committee cannot or will not generate a list of recommended finalists. The City Manager is then forced to select only from the finalists (or reject the list). Tag of 4iiiauti, jitnrU a H * IIC111 III7F1 F * It I, ST LV`DR19 This limitation opens the possibility of an undesirable vacancy by failure to reach a meeting of the minds between the City Manager and the selection committee. City of Miami residents deserve better. Having concluded that this proposed Charter amendment would not be in the best interest of the City of Miami or its residents, I submit this veto. Res ctfully s (....iy r— Francis X. Suarez Mayor City of Miami itted, -0 co Page 2 City of Miami Legislation Resolution: R-21-0327 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8358 Final Action Date: 9/13/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), BY AMENDING SECTION 26, TITLED "SUSPENSION AND REMOVAL OF CHIEF OF POLICE AND FIRE CHIEF", TO SET FORTH A PROCEDURE, COMMENCING IN NOVEMBER 2021, FOR SELECTING AND APPOINTING THE POSITIONS OF POLICE CHIEF AND FIRE -RESCUE CHIEF; CALLING FOR AND PROVIDING THAT THE PROPOSED CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE CITY OF MIAMI'S GENERAL MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 2, 2021; 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 THIS RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, Section 16 of the Charter of the City of Miami, Florida, as amended ("Charter"), provides that the City Manager is empowered with the authority to appoint and remove, except as otherwise provided in the Charter, all directors of the departments of the City of Miami ("City"); and WHEREAS, the appointment of the Chief of the Police Department and Chief of the Fire - Rescue Department (collectively, "Chiefs") are of critical importance to the City and should have an additional level of review and scrutiny before the appointment is finalized by the City Manager; and WHEREAS, the City Commission is desirous of improving the selection and appointment process of the Chiefs to ensure that it is fully transparent, open, and provides the public with confidence that the very best persons are selected; and WHEREAS, the City Commission wishes to submit the proposed amendment to the Charter to the electorate for approval or disapproval at the Special Election to be held concurrently with the City's Municipal General Election scheduled for November 2, 2021; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 5 File ID: 8358 (Revision: B) Printed On: 9/9/2021 File ID: 8358 Enactment Number: R-21-0327 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Charter is proposed to be amended in the following particulars:1 "CHARTER AND RELATED LAWS SUBPART A. THE CHARTER Sec. 26. Appointment, Suspension,_and removal of chief of police and fire -Rescue chief. Notwithstanding anything to the contrary in this Charter, commencing November 3, 2021, any vacancy in the office of the Police Chief or Fire -Rescue Chief shall be filled in accordance with the following procedure. The City Manager shall announce the vacancy for Police Chief or Fire - Rescue Chief and advertise such vacancy in such a manner as to obtain a sufficient number of qualified candidates. The City Commission shall create by resolution a five (5) person selection committee with each City Commissioner appointing one (1) member to the selection committee. The selection committee members shall be comprised of at least one of the following: current or former law enforcement executives or fire executives, as applicable, with twelve (12) or more years of experience, and attorneys who have practiced or are practicing in the criminal justice system for twelve (12) or more years including, but not limited to, judges, prosecutors, and public defenders. The selection committee shall meet in public at a duly noticed meeting. The selection committee shall review the applications of those that meet the minimum requirements and recommend the top three (3) finalists to the City Manager. The City Manager may select from the list of three (3) finalists or reject the list. If the list is rejected, the selection committee will reconvene and provide a new list of three (3) finalists until a suitable candidate is selected and the process will repeat until a suitable candidate is appointed by the City Manager. The City Manager shall have the exclusive right to suspend the chief of police and fire -rescue chief for incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority, or for any other just and reasonable cause. If either of such chiefs be so suspended, the city manager 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. *11 Section 3. In accordance with the provisions of the Charter, Section 6.03 of the Miami - Dade County Home Rule Charter, and Section 2-112 of the Code of the City of Miami, Florida, as amended ("City Code"), from 7:00 A.M. until 7:00 P.M. on Tuesday, November 2, 2021, a Referendum Special Election will be held concurrently with the City's Municipal General Election for the purpose of submitting to the qualified electors of the City for their approval or disapproval of the proposed amendment. Section 4. The Referendum Special Election shall be held at the polling places in the precincts designated, all as shown on Exhibit "A", attached and incorporated, or as may be designated by the Supervisor of Elections of Miami -Dade County ("Supervisor") in conformity 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 5 File ID: 8358 (Revision: B) Printed on: 9/9/2021 File ID: 8358 Enactment Number: R-21-0327 with the provisions of the general laws of the State of Florida ("State"). The Precinct Election Clerks and Inspectors to serve at said polling places on said Referendum Special Election date shall be those designated by the Supervisor for such purpose in accordance with the general laws of the State. A description of the registration books and records which pertain to Referendum Special Election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such Referendum Special Election is all voter information cards, registration books, records, and certificates pertaining to electors of the City and established and maintained as official by the Supervisor 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 this Resolution and of the provisions hereof at least twice, once in the fifth week and once in the third week prior to the week in which the aforesaid Referendum Special Election is to be held, in newspaper(s) of ger circulation in the City, which notice shall be substantially in the following form: 40 NOTICE OF REFERENDUM SPECIAL ELECTION TO AMEND THE MIAMI CITY CHARTER TO BE HELD ON TUESDAY, NOVEMBER 2, 2021 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. A Referendum Special Election will be held on Tuesday, November 2, 2021 from 7:00 A.M until 7:00 P.M. in the City of Miami, Florida at the polling places in the several Referendum Special Election precincts designated by the Board of County Commissioners of Miami -Dade County, Florida as set forth herein unless otherwise provided by law and submitting to the qualified electors of the City of Miami, Florida, the following question: Shall Section 26 of the Charter be amended to set forth a procedure, commencing in November 2021, for selecting and appointing the positions of Police Chief and Fire -Rescue Chief? By order of the Commission of the City of Miami, Florida. Section 6. The official ballot to be used at said Referendum Special Election shall be in full compliance with the laws of the State with respect to vote -by -mail ballots and to use of the mechanical voting mechanics or the Computer Election System and shall be in substantially the following form "Official Ballot" Referendum Special Election Tuesday, November 2, 2021 for Approval or Disapproval of the Following Question: Charter Amendment to require the City Commission to set forth a procedure to select and appoint the Police Chief and the Fire -Rescue Chief. City of Miami Page 3 of 5 File ID: 8358 (Revision: B) Printed on: 9/9/2021 File ID: 8358 Enactment Number: R-21-0327 YES NO Shall Section 26 of the Charter be amended to set forth a procedure, commencing in November 2021, for selecting and appointing the positions of Police Chief and Fire -Rescue Chief? Section 7. The form of the ballot shall be in accordance with requirements of genera election laws. Electors desiring to vote in approval of the Question described above shall b 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 prepared vote -by -mail ballots containing the Question set forth in Section 6 above for the use of vote -by -mail electors entitled to cast such ballots in said Referendum Special Election. Section 9. All qualified Electors of the City shall be permitted to vote in the Referendum Special Election and the Supervisor 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 the Supervisor and duly certify the same for delivery to and for use by the election officials designated to serve at the respective polling places in said Referendum Special Election precincts. Section 10. For the purpose of enabling persons to register who are qualified to vote in said Referendum Special Election to be held concurrently with the City's Municipal General Election on November 2, 2021 and who have not registered under the provisions of the general laws of the State and Chapter 16 of the City Code 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. In addition to the above place and times, qualified persons may register at such branch offices and may also use any mobile registration van for the purpose of registration in order to vote in the herein described Referendum Special Election during such times and on such dates as may be designated by the Supervisor. 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 related to matters pertaining to use of the registration books and holding of said Referendum Special Election. Section 12. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor not less than forty-five (45) days prior to the date of the Referendum Special Election. City of Miami Page 4 of 5 File ID: 8358 (Revision: B) Printed on: 9/9/2021 File ID: 8358 Enactment Number: R-21-0327 Section 13. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 5 of 5 File ID: 8358 (Revision: B) Printed on: 9/9/2021