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HomeMy WebLinkAboutCC 1988-07-14 Discussion Item... "� CITY OF' MIAKI�. FLOP[CI4 INTER -OFF ICE MEMORANDUM -- _ ..-ram_,._._..- _. .__-_.__..___._. �.__._..�_.�__.__'�.m-�" . .r � -- : • 1 r..._...._.____�_.�._.._._....._-.�_..-_.._ THE HONORABLE XAVIER L. SUARE ,aly' 15, :100 MAYOR Vbt itkj_iihi leAbsefl_t �G burih&_ltoll_Call MA TY HIRAI City Attorney City Clerk memorandum dated June 1, 1987 At the Commission meeting of July 14, 1988, you were absent during roll call on agenda items 67 and 68. Upon your return to the meeting, you requested that I show you as voting with the motion on the above -cited items. The record will show, as in all other similar situations, that although you were absent during roll call, you requested of the Clerk to be shown voting with the motion. Kindly confirm. Upon receipt of your confirmation, we will proceed to affix the appropriate agenda notation reflecting your request. If you have any questions, please call. "THOUGH ABSENT DURING ROLL CALL OF THE ABOVE - CITED AGENDA ITEMS, I REQUESTED OF THE CLERK TO SHOW ME VOTING 'YES' ON SAID MOTIONS." SIGNED: DATE: ——------------------- --------- M—ayo---r—Xa--vier L. Suarez 4, M H : s 1 t CITY Ot MIAMI. FLORIDA 1ih .6111-OrINCE MEMORANDUM to Matty h i DATE June 1, 1981 City erkMI ' SUIIIJE:i City Co Sion Roll Call on legis iv tems 4LU `"o""A.D gherty MECEAENCES City Attorney ENCLOSURES .�...r As you requested, this memorandum will oonfirm our advice previously stated on the record that members of the City Commission may only oast their votes on any item being considered by them at the time the roil call is being taken. No member may vote before the roil call; although, if a member of the Commission has to leave the meeting prior to the roll call, such member oould make a statement on the record to the effect that "if I were able to remain for the roll call. I would be voting (for)(against) this item". The legal effect of such a statement is nil and the statement is void of any operative effect and the roil call vote should reflect the member as being absent. Please note also that any member of the Commission can vote on any item despite the fact that such member may not be in his or her seat at the time the roll call is being taken. So long as the member is within your earshot; i.e., within the range of your hearing. his or her vote should be recorded. To assist you, we are sending a copy hereof to the Mayor and each Commissioner with the suggestion that an audible response be given by each of taem to you at the time you address the member in the order of taking the vote. In the absence of such audible response, you should record the member's vote as you have interpreted his or her gesture (nodding of head, "thumbs up", etc.) and announce "Commissioner votes (yes)(no)". In this manner, there will be a minimum possibility of error or mistake in the taking of any roll call vote and there will also be substantial oompliance with the requirements of law. LAD:RFC:bss:P388 cc: Mayor Xavier L. Suarez Vioe-Mayor J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy r*`' mitt O� *tt•��t� ;;��.t;�.. INTER -OFFICE MEMORANDUM THE HONORABLE ROSARIO KENNEDY VICE MAYOR MA TY HI Al City Clerk July 15, 1988 Vbt ing_wh i le A_beettt burin�_itol l_Cal1 City Attorney memorandum dated June 1, 1987 At the Commission meeting of July 14, 1988, you were absent during roll call on agenda item 60. Upon your return to the meeting, you requested that I show you as voting with the motion on the above -cited item. The record will show, as^in all other similar situations, that although you were absent during roll ca11, you requested of the Clerk to be shown voting with the motion. Kindly confirm. Upon receipt of your confirmation, we will proceed to affix the appropriate agenda notation reflecting your request. I£ you have any questions, please call. "THOUGH ABSENT DURING ROLL CALL OF THE ABOVE - CITED AGENDA ITEMS, I REQUESTED OF THE CLERK TO SHOW ME VOTING 'YES' ON SAID MOTIONS." i SIGNED: ` __.-_/fi�^�_'__ _ _____ DATE: 1Pa Vice Mayor Rosario Kenn yJ/ r MH:sl CITY OF MIAMi. FLORIDA 1 EIM-OFFICE MEMORANDUM to Natty Hi Zai b, TE June 1, 1987 r,E City "erk , sUeJE,7 City Commission Roll Call on legislative items RROM Ludia A . Dol igherty REFERENCES City Attorney ENCLOSURES As you requested. this memorandum will confirm our advice previously stated on the record that members of the City Commission may only cast their votes on any item being considered by them at the time the roll call is being taken. No member may vote before the roil call; although, if a member of the Commission has to leave the meeting prior to the roll call, such member could make a statement on the record to the effect that "if I were able to remain for the roll call, I would be voting (for)(against) this item". The legal effect of such a statement is nil and the statement is void of any operative effect and the roll call vote should reflect the member as being absent. Please note also that any member of the Commission can vote on any item despite the fact that such member may not be in his or her seat at the time the roll call is being taken. So long as the member is within your earshot; i.e., within the range of your hearing, his or her vote should be recorded. To assist you, we are sending a copy hereof to the Mayor and each Commissioner with the suggestion that an audible response be given by each of them to you at the time you address the member in the order of taking the vote. In the absence of such audible response. you should record the member's vote as you have interpreted his or her gesture (nodding of head, "thumbs up", etc.) and announce "Commissioner votes (yes)(no)". In this manner, there will be a minimum possibility of error or mistake in the taking of any roil call vote and there will also be substantial compliance with the requirements of law. LAD:RFC:bss:P388 cc: Mayor Xavier L. Suarez Vice -Mayor J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy CITY OP MIAMI, FLORIDA INTER-01rFICE MEMORANDUM to THE VICE HONORABLE ROSARIO KENNEDY MAYOR DATE July 15, 1988 PILL Subitcr Voting_While_Abseht • During_Roli_Cali PRO MA TY HIRAI REPERENCES City Attorney City Clerk ENCLOSURES memorandum dated June 1, 1987 At the Commission meeting of July 14, 1988, you were absent during roll call on agenda item 60. Upon your return to the meeting, you requested that I show you as voting with the motion on the above -cited item. The record will show, as in all other similar situations, that although you were absent during roll call, you requested of the Clerk to be shown voting with the motion. Kindly confirm. Upon receipt of your confirmation, we will proceed to affix the appropriate agenda notation reflecting your request. If you have any questions, please call. "THOUGH ABSENT DURING ROLL CALL OF THE ABOVE - CITED AGENDA ITEMS, I REQUESTED OF THE CLERK TO SHOW ME VOTING 'YES' ON SAID MOTIONS." SIGNED: 6 DATE:%/ ------n d %�r Vice Mayor R- MH:sl