HomeMy WebLinkAboutR-23-0419City of Miami
Resolution R-23-0419
Legislation
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;
City of Miami Page 1 of 2 File ID: 14741 (Revision:) Printed On: 7/11/2025
File ID: 14741 Enactment Number: R-23-0419
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:
rge Wy ng III, C ty ttor -y 5/17/2024
City of Miami Page 2 of 2 File ID: 14741 (Revision:) Printed on: 7/11/2025