HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #14741
Date: 09/23/2023
Commission Meeting Date: 09/23/2023
Requesting Department: City Commission
Sponsored By:
District Impacted: District 1
Type: Resolution
Subject: District 1 Vacancy - November 7, 2023 Election
Budget Impact Analysis
Total Fiscal Impact:
City Commission
Legislative Division
Office of the City Attorney
Office of Management and Budget
Office of the City Attorney
Office of the City Clerk
Reviewed B
Nicole Ewan
Valentin J Alvarez
George K. Wysong III
Leon P Michel
George K. Wysong III
City Clerk's Office
Meeting
Legislative Division Review
ACA Review
Budget Review
Approved Form and Correctness
Rendered
Completed
Completed
Completed
Completed
Completed
Completed
09/23/2023 6:00 PM
10/18/2023 3:58 PM
04/08/2024 2:52 PM
05/17/2024 1:30 PM
05/17/2024 1:54 PM
05/20/2024 11:56 AM
City of Miami
Legislation
Resolution
Enactment Number: R-23-0419
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14741 Final Action Date:9/23/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION DETERMINING THAT THE
HOLDING OF A SPECIAL ELECTION TO FILL THE VACANCY IN CITY COMMISSION
DISTRICT 1 OFFICE CREATED BY THE SUSPENSION OF COMMISSIONER
ALEJANDRO DIAZ DE LA PORTILLA, PURSUANT TO EXECUTIVE ORDER
NUMBER 23-184, EFFECTIVE SEPTEMBER 15, 2023, IS A LEGAL IMPOSSIBILITY
DUE TO THE OPERATION OF THE MIAMI CITY CHARTER AND PURSUANT TO
THE REQUIREMENTS THEREIN THAT REQUIRE SUCH SPECIAL ELECTION TO BE
HELD ON NOVEMBER 9, 2023, WHICH IS TWO DAYS AFTER THE DATE OF THE
NOVEMBER 7, 2023, CITY MUNICIPAL ELECTION AND RECOGNIZING THAT THE
NOVEMBER 7, 2023, MUNICIPAL ELECTION SHALL EFFECTIVELY SERVE AS THE
FILLING OF THE VACANCY.
WHEREAS, due to the suspension of Commissioner Alejandro Diaz de la Portilla ("Diaz
de la Portilla"), pursuant to Executive Order Number 23-184, effective September 15, 2023, a
vacancy exists in the District 1 Commission seat in the City of Miami; and
WHEREAS, pursuant to Section 12 of the Charter of the City of Miami, Florida, as
amended ("City Charter"), a vacancy on the City Commission caused by suspension shall be
filled within ten (10) days after such vacancy occurs by a majority of the remaining City
Commissioners or, if the City Commissioners fail or refuse to fill such vacancy within ten (10)
days after it occurs, then a special election shall be called to fill the vacancy; and
WHEREAS, pursuant to Section 12 of the City Charter, the earliest date a special
election could be called is November 9, 2023; and
WHEREAS, pursuant to Section 4 of the City Charter, the next general municipal
election for Mayor and City Commissioners is already scheduled to be held on November 7,
2023; and
WHEREAS, it is the desire of the City Commission to democratically fill the vacancy by
special election in accordance with the provisions of Section 12(a) of the City Charter; and
WHEREAS, however, because of the expiration of the term and the upcoming general
election, a special election is not available because it would be an act of futility given the timing
of the vacancy; and
WHEREAS, because the general election will occur on November 7, 2023, the
electorate will have the opportunity to elect a District 1 Commissioner, thus obviating the need
for a special election;
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 Miami City Commission hereby determines that the holding of a special
election to fill the vacancy in City Commission District 1 office created by the suspension of
Commissioner Alejandro Diaz de la Portilla, pursuant to Executive Order Number 23-184,
effective September 15, 2023, is a legal impossibility due to the operation of the Miami City
Charter and pursuant to the requirements therein that require such special election to be held
on November 9, 2023, which is two (2) days after the date of the November 7, 2023, City
municipal election and recognizing that the November 7, 2023, municipal election shall
effectively serve as the filling of the vacancy.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy ng III, C y tor -y 5/17/2024