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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Resolution R-24-0153 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15509 Final Action Date: 4/25/2024 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"), KNOWN AS CHARTER AMENDMENT NO. 2; CREATING SECTION 52 OF THE CHARTER, TITLED "OFFICE OF INDEPENDENT INSPECTOR GENERAL," TO CREATE THE OFFICE OF THE INDEPENDENT INSPECTOR GENERAL AND TO PROVIDE FOR ITS PURPOSE, POWERS, AND DUTIES; FURTHER AMENDING SECTION 4 OF THE CHARTER, TITLED "FORM OF GOVERNMENT; NOMINATION AND ELECTION," TO PROHIBIT POLITICAL INTERFERENCE; FURTHER AMENDING SECTION 20 OF THE CHARTER, TITLED "DIRECTORS OF DEPARTMENTS," TO PROVIDE FOR THE APPOINTMENT OF THE INDEPENDENT INSPECTOR GENERAL BY THE CITY COMMISSION; AND FURTHER AMENDING SECTION 36 OF THE CHARTER, TITLED "CIVIL SERVICE," TO PROVIDE THAT EMPLOYEES EMPLOYED BY THE CITY AND WORKING WITHIN THE OFFICE OF THE INDEPENDENT INSPECTOR GENERAL ARE UNCLASSIFIED; CALLING FOR A REFERENDUM AND PROVIDING THAT THE CHARTER AMENDMENT NO.2 WILL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE PRIMARY ELECTION SCHEDULED FOR AUGUST 20, 2024; 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 ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. SPONSOR(S): Commissioner Damian Pardo, Commissioner Manolo Reyes 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, the Charter presently does not provide for an Office of Inspector General; and WHEREAS, an amendment of the Charter to create an Office of Inspector General will provide for more transparency and accountability in government; and City of Miami 15509 Legislation -SUB Page 1 of 8 File ID: 15509 (Revision: B) Printed On: 5/23/2024 File ID: 15509 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: R-24-0153 WHEREAS, it is in the interest of the citizens of Miami to have an independent Office of the Inspector General to investigate City and City -funded contracts, programs and projects for abuse, waste and mismanagement; and WHEREAS, the City Commission wishes to submit the above -mentioned proposed amendment to the electorate for approval or disapproval at the Referendum Special Election to be held concurrently with the Primary Election scheduled for August 20, 2024; 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. In accordance with the provisions of Section § 6.03 of the Miami -Dade County Home Rule Charter, a Referendum Special Election is to be called and directed in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on August 20, 2024, for the purpose of submitting to the qualified electors of the City for their approval or disapproval of the proposed Charter Amendment for the creation of the Office of Independent Inspector General as stated herein. Section 3. Section 4 of the Charter is proposed to be amended in the following particulars:1 "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA, ' SUBPART A. THE CHARTER Sec. 4. Form of government; nomination and election. (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 mayor and its own members, subject to review by the courts. Neither the mayor nor the city commission, nor any committees nor members thereof shall direct, request, take part in or 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 administrative service. Except for the purpose of inquiry and as may be necessary as provided in section 14, the mayor, the city commission, any committees and members thereof shall deal with the administrative service solely through the city manager, and neither the mayor nor the city commission, nor any committees nor members thereof shall give orders to any of the subordinates of the city manager, city attorney, city clerk, Independent Inspector General, and 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 8 File ID: 15509 (Revision: B) Printed on: 5/23/2024 File ID: 15509 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: R-24-0153 independent auditor 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 to a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term of not exceeding sixty days or both, and in the discretion of the court shall forfeit his or her office. Any willful violation of the provisions to this section by the mayor or any city commissioner 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. *17 Section 4. Section 20 of the Charter is proposed to be amended in the following particulars:1 "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER * Sec. 20. Directors of departments. The city manager shall appoint a director for each department and, in the city manager's discretion, may consolidate two departments under one director. Each such director shall serve until removed by the city manager 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 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 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, Office of the Independent Inspector General, or office of independent auditor general." Section 5. Section 36 of the Charter is proposed to be amended in the following particulars:1 r`" "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA_ SUBPART A. THE CHARTER Sec. 36. Civil service. * * * (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 city manager, his or her assistants, and secretarial staff; City of Miami Page 3 of 8 File ID: 15509 (Revision: B) Printed on: 5/23/2024 File ID: 15509 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: R-24-0153 (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. 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 Inspector General and the Office of the Independent Auditor General. Personnel with permanent civil service rights appointed by the'dity manager to unclassified positions shall retain said civil [service] right ts,;in the: position from which selected as may have accrued. Section 6. Section 52 of the Charter is proposed to be created in the followifi'g particulars:1 "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER City of Miami Page 4 of 8 File ID: 15509 (Revision: B) Printed on: 5/23/2024 File ID: 15509 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: R-24-0153 Sec. 52. Office of independent inspector general. There is hereby created and established an Office of the Independent Inspector General. The Inspector General shall head the Office of the Inspector General. The minimum qualifications, term, powers, duties and responsibilities of the Inspector General as well as the organization of the Office of the Inspector General shall be set forth by Ordinance. Such Ordinance shall, at a minimum, provide that: (1) the Office of the Independent Inspector General be sufficiently independent to assure that no interference or influence external to the Office adversely affects the independence and objectivity of the Inspector General; (2) the Office of the Independent Inspector General be empowered to perform investigations, audits, reviews and oversight of City contracts, programs, projects, abuse, waste and mismanagement as well as City -funded contracts, programs and projects; (3) the Office of the Inspector General be empowered to provide inspector general services to other City agencies and authorities upon the approval of a request to provide such services by a majority of the of City Commission; and (4) The Inspector General will have the power to issue subpoenas." Section 7. The Referendum 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 "A" or as may be designated by the Supervisor of Elections of Miami -Dade County, Florida ("Supervisor"), in conformity 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 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 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 of Elections of Miami -Dade County, Florida, in conformity with the provisions of the general laws of the State, are hereby adopted and declared to be, and shall hereafter be recognized and accepted as, official registration cards, books, records and certificates of the City. Section 8. In compliance with Section 100.342, Florida Statutes (2023), 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 which the aforesaid Referendum 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 REFERENDUM SPECIAL ELECTION TO AMEND THE MIAMI CITY CHARTER TO BE HELD TUESDAY, AUGUST 20, 2024 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R-24-0153 A Referendum Special Election will be held on Tuesday, August 20, 2024, 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 Supervisor of ) City of Miami Page 5 of 8 File ID: 15509 (Revision: B) Printed on: 5/23/2024 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 15509 Enactment Number: R-24-0153 Elections 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 CITY CHARTER BE AMENDED TO CREATE AN INDEPENDENT OFFICE OF INSPECTOR GENERAL WHO SHALL, AT A MINIMUM, BE EMPOWERED TO PERFORM INVESTIGATIONS, AUDITS, REVIEWS AND OVERSIGHT OF ALL CITY OFFICIALS, EMPLOYEES, AND DEPARTMENTS, CITY FUNDED CONTRACTS, PROGRAMS, AND PROJECTS FOR ABUSE, WASTE AND MISMANAGEMENT, ISSUE SUBPOENAS, AND PROVIDE SERVICES TO OTHER CITY AGENCIES AND AUTHORITIES, WITH SUCH OFFICE'S TERM, POWERS, DUTIES AND RESPONSIBILITIES TO BE FURTHER ESTABLISHED BY ORDINANCE? This Charter Amendment will create Section 52 of the Miami Charter to create the Office of the Independent Inspector General, amend Section 4 of the Miami Charter to prohibit political interference, amend Section 20 of the Miami Charter to provide for the appointment of the Independent Inspector General by the City Commission, and amend Section 36 of the Miami Charter to provide that employees employed by the City of Miami and working within the Office of the Independent Inspector General are unclassified. By order of the Commission of the City of Miami, Florida. Section 9. 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 the use of the mechanical voting machines or the Computer Election System, and shall be in substantially the following form: "Official Ballot" Referendum Special Election Tuesday, August 20, 2024, for Approval or Disapproval of the following question: Charter Amendment to Create the Office of the Independent Inspector General "Shall the City Charter be amended to create an Independent Office Of Inspector General,who shall, at a minimum, be empowered to perform; investigations, audits, reviews and overght of all City officials, employees, and departments, City funded contracts, programs, and projects for abuse, 'i waste and mismanagement, issue subpoenas, and.„: provide services to other City agencies and ., authorities, with such office's term, powers, dutie§' and responsibilities to be further establishedby E :, ordinance?" CO YES City of Miami Page 6 of 8 File ID: 15509 (Revision: B) Printed on: 5/23/2024 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 15509 Enactment Number: R-24-0153 NO Section 10. The form of the ballot shall be in accordance with the 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 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 containing the statement relating to the Question. Section 11. The City Clerk shall cause to be prepared vote -by -mail ballots containing the Question set forth in Section 9 above for the use of vote -by -mail electors entitled to cast such ballots in said Referendum Special Election. Section 12. All qualified electors of the City shall be permitted to vote in said Referendum Special Election and the Supervisor of Elections of Miami -Dade County, Florida, is hereby requested, authorized, and directed to furnish, at the 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 Referendum Special Election precincts. Section 13. For the purpose of enabling persons to register who are qualified to vote in said Referendum Special Election on Tuesday, August 20, 2024, 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, Miami, 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 register to vote online for the purpose of voting in the herein described Referendum Special Election during such times and on such dates as may be designated by the Supervisor. Section 14. Todd B. Hannon, the City Clerk of the City of Miami, Florida, or his duly appointed successor, is hereby designated and appointed as the official representative of the Commission of the City of Miami, Florida, in all transactions with the Supervisor related to matters pertaining to the use of the registration books and the holding of said Referendum Special Election. Section 15. The City Clerk shall deliver a certified copy of this Resolution tuthe Supervisor not less than forty-five (45) days prior to the date of the Referendum Spiyial Election. Section 16. This Resolution shall become effective immediately upon its adoption,and signature of the Mayor.2 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. City of Miami Page 7 of 8 File ID: 15509 (Revision: B) Printed on: 5/23/2024 File ID: 15509 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: R-24-0153 APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C y`attory / 5/13/2024 g III C y`r'{ttor�ey / 5/23/2024 City of Miami Page 8 of 8 File ID: 15509 (Revision: B) Printed on: 5/23/2024 SUBSTITUTED City of Miami Resolution R-24-0153 Legislation File Number: 15509 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/2 024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACH APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELEC PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF FLORIDA, AS AMENDED ("CHARTER"), KNOWN AS CHARTE NO. 2; CREATING SECTION 52 OF THE CHARTER, TITLED " INDEPENDENT INSPECTOR GENERAL," TO CREATE THE INDEPENDENT INSPECTOR GENERAL AND TO PROVI PURPOSE, POWERS, AND DUTIES; FURTHER AMEN THE CHARTER, TITLED "FORM OF GOVERNMENT; ELECTION," TO PROHIBIT POLITICAL INTERFERE AMENDING SECTION 20 OF THE CHARTER, TIT DEPARTMENTS," TO PROVIDE FOR THE APP INDEPENDENT INSPECTOR GENERAL BY T FURTHER AMENDING SECTION 36 OF TH SERVICE," TO PROVIDE THAT EMPLOY WORKING WITHIN THE OFFICE OF TH GENERAL ARE UNCLASSIFIED; CAL PROVIDING THAT THE CHARTER TO THE ELECTORATE AT THE R HELD CONCURRENTLY WITH AUGUST 20, 2024; DESIGNA THE OFFICIAL REPRESEN RESPECT TO THE USE 0 FURTHER DIRECTING THE HEREIN RESOL ELECTIONS OF MI FIVE (45) DAYS P IMMEDIATE EFF NT(S), RATE A IAMI, MENDMENT FICE OF FFICE OF THE FOR ITS G SECTION 4 OF MINATION AND CE; FURTHER D "DIRECTORS OF NTMENT OF THE CITY COMMISSION; AND CHARTER, TITLED "CIVIL S EMPLOYED BY THE CITY AND INDEPENDENT INSPECTOR G FOR A REFERENDUM AND ENDMENT NO.2 WILL BE SUBMITTED ERENDUM SPECIAL ELECTION TO BE E PRIMARY ELECTION SCHEDULED FOR G AND APPOINTING THE CITY CLERK AS TIVE OF THE CITY COMMISSION WITH VOTER REGISTRATION BOOKS AND RECORDS; E CITY CLERK TO CAUSE A CERTIFIED COPY OF ION TO BE DELIVERED TO THE SUPERVISOR OF I-DADE COUNTY, FLORIDA NOT LESS THAN FORTY - OR TO THE DATE OF SUCH ELECTION; PROVIDING AN CTIVE DATE FOR THIS RESOLUTION. SPONSOR(S): Com ' ssioner Damian Pardo, Commissioner Manolo Reyes WHEREA , the City of Miami ("City") was incorporated by the Florida Legislature irk 1896 and oper. -s pursuant to the Charter of the City of Miami, Florida ("Charter"); and WH. EAS, the Charter has been amended from time to time as the governance the City has olved; and and HEREAS, the Charter presently does not provide for an Office of Inspector General; WHEREAS, an amendment of the Charter to create an Office of Inspector General will provide for more transparency and accountability in government; and City of Miami Page 1 of 8 File ID: 15509 (Revision: A) Printed On: 5/23/2024 File ID: 15509 SUBSTITUTED Enactment Number: R-24-0153 WHEREAS, it is in the interest of the citizens of Miami to have an independent Office of the Inspector General to investigate City and City -funded contracts, programs and projects for abuse, waste and mismanagement; and WHEREAS, the City Commission wishes to submit the above -mentioned proposed amendment to the electorate for approval or disapproval at the Referendum Special Electi be held concurrently with the Primary Election scheduled for August 20, 2024; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE C OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this '-solution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. In accordance with the provisions of Section § 6.03 o e Miami -Dade County Home Rule Charter, a Referendum Special Election is to be c- ed and directed in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on August 20, e24, for the purpose of submitting to the qualified electors of the City for their approval or ' sapproval of the proposed Charter Amendment for the creation of the Office of Independe nspector General as stated herein. Section 3. Section 4 of the Charter is proposed to .e amended in the following particulars:1 "CHARTER AND CODE OF T CITY OF MIAMI, FLORID,` SUBPART THE CHARTER fit Sec. 4. Form of government; no 'nation and election. (d) City commissio • be judge of its own elections; neither mayor nor city commission nor any mittees nor members thereof to dictate appointments by or interfere with city m ager. The city commission shall be the judge of the election and qualifications of t mayor and its own members, subject to review by the courts. Neither the mayor nor t► - city commission, nor any committees nor members thereof shall direct, reques take part in or dictate the appointment or removal of any person in office or employ t by the city manager or subordinates or in any manner interfere with the city man- ; -r or prevent the city manager from exercising his/her own judgment in the appoin ent of officers and employees in the administrative service. Except for the purp..e of inquiry and as may be necessary as provided in section 14, the mayor, the city ommission, any committees and members thereof shall deal with the administrative s ice solely through the city manager, and neither the mayor nor the city commission, or any committees nor members thereof shall give orders to any of the subordinates of the city manager, city attorney, city clerk, Independent Inspector General, and ords 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 8 File 1D: 15509 (Revision: A) Printed on: 5/23/2024 SUBSTITUTED Enactment Number: R-24-0153 File ID: 15509 independent auditor 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 convicted shall be subject to a fine not exceeding five hundred dollars ($500.00) o imprisonment for a term of not exceeding sixty days or both, and in the discretioof the court shall forfeit his or her office. Any willful violation of the provisions to this ction by the mayor or any city commissioner shall be grounds for his or her removal •m office by an action brought in the Circuit Court by the state attorney of this coun * *„ Section 4. Section 20 of the Charter is proposed to be amended the following particulars:1 "CHARTER AND CODE OF THE CITY OF M SUBPART A. THE CHAR * Sec. 20. Directors of departments. The city manager shall appoint a director discretion, may consolidate two departm shall serve until removed by the city m and qualified, shall conduct the affair and regulations made by the city officers and employees of his or and for the custody and prese its control, and, subject to th shall manage the departm applicable to the depart Generalor office of in Section 5. Sectio particulars:1 R MI, FLORIDA each department and, in the city manager's is under one director. Each such director ager or until a successor has been appointed of his or her department in accordance with rules nager, shall be responsible for the conduct of the department, for the performance of its business, ion of the books, records, papers and property under supervision and control of the city manager in all matters, t. None of the provisions of this section, however, shall be nt of law, city clerk, Office of the Independent Inspector pendent auditor general." 6 of the Charter is proposed to be amended in the following CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA::.. SUBPART A. THE CHARTER 36. Civil service. * * * (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 city manager, his or her assistants, and secretarial staff; City of Miami Page 3 of 8 File ID: 15509 (Revision: A) Printed on: 5/23/2024 File ID: 15509 SUBSTITUTED Enactment Number: R-24-0153 (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 posi '•n 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 superintend = t of the division of communications; Director of corrections. (D) All attorneys employ d by the city. The city attorney shall be the supervisor of all attorneys emplo d by the city. The city attorney shall have exclusive authority regarding, • not limited to appointment, removal and salary as to assistant city attorneys he foregoing provisions of subsection (D) shall not apply to those attorneys in , e classified service of the city on November 1, 1972. Attorneys with attorney to any appli rights in the positio rmanent civil service rights appointed by the city ble unclassified position above, shall retain civil service from which selected as may have accrued. (E) I employees employed by the City and working within the Office of the I nde • = dent Ins sector General and the Office of the Independent Auditor General. ersonnel with permanent civil service rights appointed by the city man .er to unclassified positions shall retain said civil [service] rights in the po• ion from which selected as may have accrued. *11 ection 6. Section 52 of the Charter is proposed to be created in the followiing parti ars:1 "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA` SUBPART A. THE CHARTER City of Miami Page 4 of 8 File ID: 15509 (Revision: A) Printed on: 5/23/2024 SUBSTITUTED Enactment Number: R-24-0153 File ID: 15509 Sec. 52. Office of independent inspector general. There is hereby created and established an Office of the Independent Inspector General. The Inspector General shall head the Office of the Inspector General. The minimum qualifications, term, powers, duties and responsibilities of the Inspector General as well as the organization of the Office of the Inspector General shall be set forth by Ordinance. Such Ordinance shall, at a minimum, provide that: (1) the Office of the Independent Inspector General be sufficien independent to assure that no interference or influence external to the Offi• adversely affects the independence and objectivity of the Inspector Gen- -I; (2) the Office of the Independent Inspector General be empowered to perf'- m investigations, audits, reviews and oversight of City contracts, proqr s, projects, abuse, waste and mismanagement as well as City-funde• contracts, programs and projects; (3) the Office of the Inspector General b= mpowered to provide inspector general services to other City agencies and . thorities upon the approval of a request to provide such services by a mai. y of the of City Commission; and (4) The Inspector General will have the •.wer to issue subpoenas." Section 7. The Referendum Special Election shall precincts designated, all as shown on the list attached he referred to as Exhibit "A" or as may be designated by t County, Florida ("Supervisor"), in conformity with the of Florida ("State"). The Precinct Election Clerks an on said Referendum Special Election date shall b Elections of Miami -Dade County, Florida, for s of the State. A description of the registration Special Election precincts wholly or partly desires to use for holding such Referend registration books, records and certific maintained as official by the Supervi conformity with the provisions of th to be, and shall hereafter be rec.., records and certificates of the P y. Section 8. In comp authorized and directed hereof, at least twice, which the aforesaid circulation in the C. bheld at the polling places in the o and made a part hereof and Supervisor of Elections of Miami -Dade ovisions of the general laws of the State nspectors to serve at said polling places those designated by the Supervisor of purpose in accordance with the general laws oks and records which pertain to Referendum in the City and which the City is adopting and Special Election is all voter information cards, s pertaining to electors of the City and established and of Elections of Miami -Dade County, Florida, in general laws of the State, are hereby adopted and declared ized and accepted as, official registration cards, books, nce with Section 100.342, Florida Statutes (2023), the City Clerk is publish notice of the adoption of this Resolution and of the provisions e in the fifth week and once in the third week prior to the week in ferendum Special Election is to be held, in newspaper(s) of general which notice shall be substantially in the following form: "NOTICE OF REFERENDUM SPECIAL ELECTION TO AMEND THE MIAMI CITY CHARTER TO BE HELD TUESDAY, AUGUST 20, 2024 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R-24-0153 A Referendum Special Election will be held on Tuesday, August 20, 2024, f bm -...,. 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 Supervisor of City of Miami Page 5 of 8 File ID: 15509 (Revision: A) Printed on: 5/23/2024 File ID: 15509 SUBSTITUTED Enactment Number: R-24-0153 Elections 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 CITY CHARTER BE AMENDED TO CREATE AN INDEPENDENT OFFICE OF INSPECTOR GENERAL WHO SHALL, AT A MINIMUM, BE EMPOWERED TO PERFORM INVESTIGATIONS, AUDITS, REVIEWS AND OVERSIGHT OF ALL CITY OFFICIALS, EMPLOYEES, A DEPARTMENTS, CITY FUNDED CONTRACTS, PROGRAMS, AND PROJECTS FOR ABUSE, WASTE AND MISMANAGEMENT, ISSUE SUBPOENAS, AND PROVIDE SERVICES TO OTHER CITY AGEN S AND AUTHORITIES, WITH SUCH OFFICE'S TERM, POWERS, D IES AND RESPONSIBILITIES TO BE FURTHER ESTABLISHED BY ORDINANCE? This Charter Amendment will create Section 52 of the Miami the Office of the Independent Inspector General, amend S Charter to prohibit political interference, amend Section to provide for the appointment of the Independent Insp Commission, and amend Section 36 of the Miami Ch employees employed by the City of Miami and wor Independent Inspector General are unclassified. arter to create on 4 of the Miami of the Miami Charter tor General by the City er to provide that g within the Office of the By order of the Commission the City of Miami, Florida. Section 9. The official ballot to be u d at said Referendum Special Election shall be in full compliance with the laws of the State h respect to vote -by -mail ballots and to the use of the mechanical voting machines or the .mputer Election System, and shall be in substantially the following form: "Official Ballot" Ref- endum Special Election Tuesday, August 20, 2024, for Approval or Disapproval of the folio g question: Shall the Charter be ame ed to create the Office of Independent Inspector General? "Shall the City Charter be amended to create an Independent Office Of Inspector General who,shall, at a minimum, be empowered to perforr j , investigations, audits, reviews and ove sight of all City officials, employees, and departments, City funded contracts, programs, and projects fo''Obuse, waste and mismanagement, issue subp'benas, provide services to other City agencies:'and authorities, with such office's term, powers, deities and responsibilities to be further establi_shed_.by ordinance?" 4 co ES City of Miami Page 6 of 8 File ID: 15509 (Revision: A) Printed on: 5/23/2024 SUBSTITUTED File ID: 15509 Enactment Number: R-24-0153 NO Section 10. The form of the ballot shall be in accordance with the requirements of general election laws. Electors desiring to vote in approval of the Question described abov shall be instructed to vote their selection next to the word "YES" within the ballot containi . the statement relating to the Question. Electors desiring to vote to disapprove the Questio all be instructed to vote their selection next to the word "NO" within the ballot containing th-tatement relating to the Question. Section 11. The City Clerk shall cause to be prepared vote -by -mail ball s containing the Question set forth in Section 9 above for the use of vote -by -mail electors titled to cast such ballots in said Referendum Special Election. Section 12. All qualified electors of the City shall be permitted vote in said Referendum Special Election and the Supervisor of Elections of Mia ' -Dade County, Florida, is hereby requested, authorized, and directed to furnish, at the cost expense of the City, a list of all qualified electors residing in the City as shown by the regis tion books and records of the Office of said Supervisor of Elections and duly certify the sam- or delivery to and for use by the election officials designated to serve at the respective pollin. •laces in said Referendum Special Election precincts. Section 13. For the purpose of enabling perso►. to register who are qualified to vote in said Referendum Special Election on Tuesday, Aug .t 20, 2024, and who have not registered under the provisions of the general laws of the St. and Chapter 16 of the Code of the City of Miami, Florida, or who have transferred their leg residence from one voting precinct to another in the City, they may register Monday through ' iday, from 8:00 A.M. to 5:00 P.M. at the Miami - Dade County Elections Department located 2700 Northwest 87th Avenue, Miami, Florida, within such period of time as may be desiated by the Supervisor. In addition to the above place and times, qualified persons may gister at such branch offices and may also register to vote online for the purpose of voting i e herein described Referendum Special Election during such times and on such dates as m 1 be designated by the Supervisor. Section 14. Todd S. Ha on, the City Clerk of the City of Miami, Florida, or his duly appointed successor, is heredesignated and appointed as the official representative of the Commission of the City of . mi, Florida, in all transactions with the Supervisor related to matters pertaining to the .e of the registration books and the holding of said Referendum Special Election. Section 15. Supervisor not le Election. e City Clerk shall deliver a certified copy of this Resolution to the than forty-five (45) days prior to the date of the Referendum Special Sec '.n 16. This Resolution shall become effective immediately upon its adopti.bn and signature the Mayor.2 w;a 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. it City of Miami Page 7 of 8 File ID: 15509 (Revision: A) Printed on: 5/23/2024 File ID: 15509 SUBSTITUTED Enactment Number: R-24-0153 APPROVED AS TO FORM AND CORRECTNESS: g III, C y`Rttor�ey / 5/13/2024 City of Miami Page 8 of 8 File ID: 15509 (Revision: A) Printed on: 5/23/2024 City of Miami Legislation Resolution File Number: 15509 SUBSTITUTED City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action ► •te: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORAT PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, ' ORIDA, AS AMENDED ("CHARTER"), KNOWN AS CHARTER AMENDMENT N CREATING SECTION 52 OF THE CHARTER, TITLED "OFFICE OF IN INSPECTOR GENERAL," TO CREATE THE OFFICE OF THE INDEP INSPECTOR GENERAL AND TO PROVIDE FOR ITS PURPOSE DUTIES; FURTHER AMENDING SECTION 4 OF THE CHARTE GOVERNMENT; NOMINATION AND ELECTION," TO PROHI INTERFERENCE; FURTHER AMENDING SECTION 20 OF "DIRECTORS OF DEPARTMENTS," TO PROVIDE FOR T INDEPENDENT INSPECTOR GENERAL BY THE CITY FURTHER AMENDING SECTION 36 OF THE CHART TO PROVIDE THAT EMPLOYEES EMPLOYED BY WITHIN THE OFFICE OF THE INDEPENDENT IN UNCLASSIFIED; CALLING FOR A REFEREND CHARTER AMENDMENT NO.2 WILL BE SUB THE REFERENDUM SPECIAL ELECTION T THE PRIMARY ELECTION SCHEDULED AND APPOINTING THE CITY CLERK A CITY COMMISSION WITH RESPECT BOOKS AND RECORDS; FURTHE CERTIFIED COPY OF THE HERE SUPERVISOR OF ELECTIONS THAN FORTY-FIVE (45) DAY PROVIDING AN IMMEDIAT 2, PENDENT NDENT WERS, AND TITLED "FORM OF POLITICAL E CHARTER, TITLED APPOINTMENT OF THE MMISSION; AND TITLED "CIVIL SERVICE," E CITY AND WORKING ECTOR GENERAL ARE AND PROVIDING THAT THE TTED TO THE ELECTORATE AT BE HELD CONCURRENTLY WITH R AUGUST 20, 2024; DESIGNATING HE OFFICIAL REPRESENTATIVE OF THE THE USE OF VOTER REGISTRATION IRECTING THE CITY CLERK TO CAUSE A RESOLUTION TO BE DELIVERED TO THE MIAMI-DADE COUNTY, FLORIDA NOT LESS RIOR TO THE DATE OF SUCH ELECTION; FFECTIVE DATE FOR THIS RESOLUTION. WHEREAS, the Cit .f Miami ("City") was incorporated by the Florida Legislature in 1896 and operates pursu t to the Charter of the City of Miami, Florida ("Charter"); and WHEREAS, t Charter has been amended from time to time as the governance of the City has evolved; a WHER S, the Charter presently does not provide for an Office of Inspector General; and W REAS, an amendment of the Charter to create an Office of Inspector General will provide or more transparency and accountability in government; and WHEREAS, it is in the interest of the citizens of Miami to have an independent Office of t Inspector General to investigate City and City -funded contracts, programs and projects for buse, waste and mismanagement; and SUBSTITUTED WHEREAS, the City Commission wishes to submit the above -mentioned proposed amendment to the electorate for approval or disapproval at the Referendum Special Election to be held concurrently with the Primary Election scheduled for August 20, 2024; 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 Resolutio are adopted by reference and incorporated as if fully set forth in this Section. Section 2. In accordance with the provisions of Section § 6.03 of the Mia► -Dade County Home Rule Charter, a Referendum Special Election is to be called and • erected in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on August 20, 2024, for e purpose of submitting to the qualified electors of the City for their approval or disappro .I of the proposed Charter Amendment for the creation of the Office of Independent lnspec ' General as stated herein. Section 3. Section 4 of the Charter is proposed to be ame ed in the following particulars:1 "CHARTER AND CODE OF THE CITY iF MIAMI, FLORIDA:; SUBPART A. THE ' ARTER Sec. 4. Form of government; nomination d election. (d) City commission to be ju• 4e of its own elections; neither mayor nor city commission nor any committer. nor members thereof to dictate appointments by or interfere with city manager. e city commission shall be the judge of the election and qualifications of the mayor . nd its own members, subject to review by the courts. Neither the mayor nor the city c• mission, nor any committees nor members thereof shall direct, request, take p. in or dictate the appointment or removal of any person in office or employment by t city manager or subordinates or in any manner interfere with the city manager or pr- ent the city manager from exercising his/her own judgment in the appointment of •' icers and employees in the administrative service. Except for the purpose of in• ry and as may be necessary as provided in section 14, the mayor, the city commis '•n, any committees and members thereof shall deal with the administrative service so y through the city manager, and neither the mayor nor the city commission, nor any ' •mmittees nor members thereof shall give orders to any of the subordinates of the cit anager, city attorney, city clerk, Independent Inspector General, and inde' -ndent auditor general, either publicly or privately. Any such dictation, prevention, or► rs or other interference or violation of this section on the part of the mayor or a ember 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 to a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term of not exceeding sixty days or both, and in the discretion of the court shall forfeit his or her office. Any willful violation of the provisions to this section by 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. SUBSTITUTED the mayor or any city commissioner 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. * Section 4. Section 20 of the Charter is proposed to be amended in the following particulars:1 "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER Sec. 20. Directors of departments. The city manager shall appoint a director for each departme discretion, may consolidate two departments under one dir shall serve until removed by the city manager or until a s and qualified, shall conduct the affairs of his or her dep and regulations made by the city manager, shall be r officers and employees of his or her department, f and for the custody and preservation of the boo its control, and, subject to the supervision and shall manage the department. None of the p applicable to the department of law, city cl General, or office of independent auditor and, in the city manager's tor. Each such director cessor has been appointed ment in accordance with rules ponsible for the conduct of the the performance of its business, , records, papers and property under ntrol of the city manager in all matters, isions of this section, however, shall be , Office of the Independent Inspector eneral." Section 5. Section 36 of the Charter proposed to be amended in the following particulars:1 "CHARTER AN Sec. 36. Civil servic ODE OF THE CITY OF MIAMI, FLORIDA UBPART A. THE CHARTER * (c) Uncl- sified and classified service. The civil service of the city is hereby divided int' ' he unclassified and the classified service. The unclassified service shall include: (A) The 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; SUBSTITUTED 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 div ion of communications; Director of corrections. (D) All attorneys employed by the cit . The city attorney shall be the supervisor of all attorneys employed by the ci ; . The city attorney shall have exclusive authority regarding, but not limite• o appointment, removal and salary as to assistant city attorneys. The foregoi►. provisions of subsection (D) shall not apply to those attorneys in the classifies ervice of the city on November 1, 1972. Attorneys with permanent ci service rights appointed by the city attorney to any applicable unclas- ied position above, shall retain civil service rights in the position from whic elected as may have accrued. (E) All employe=. employed by the City and working within the Office of the Independent Ins ► or General and the Office of the Independent Auditor General. Personnel h permanent civil service rights appointed by the city manager to uncl..sified positions shall retain said civil [service] rights in the position from ich selected as may have accrued. *11 Section 6. ction 52 of the Charter is proposed to be created in the followin particulars:1 "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER Sec. 52. Office of independent inspector general. There is hereby created and established an Office of the Independent Inspector General. The Inspector General shall head the Office of the Inspector General. The minimum qualifications, term, powers, duties and responsibilities of the Inspector General as well as the organization of the Office of the Inspector General shall be set forth by Ordinance. Such Ordinance shall, at a minimum, SUBSTITUTED provide that: (1) the Office of the Independent Inspector General be sufficiently independent to assure that no interference or influence external to the Office adversely affects the independence and objectivity of the Inspector General; (2) the Office of the Independent Inspector General be empowered to perform investigations, audits, reviews and oversight of City contracts, programs, projects, abuse, waste and mismanagement as well as City -funded contracts, programs and projects; (3) the Office of the Inspector General be empowered t► provide inspector general services to other City agencies and authorities upo' the approval of a request to provide such services by a majority of the of C Commission; and (4) The Inspector General will have the power to issue subpoenas." Section 7. The Referendum Special Election shall be held at the ping places in the precincts designated, all as shown on the list attached hereto and made - part hereof and referred to as Exhibit "A" or as may be designated by the Supervisor o' lections of Miami -Dade County, Florida ("Supervisor"), in conformity with the provisions of t general laws of the State of Florida ("State"). The Precinct Election Clerks and Inspectors to erve at said polling places on said Referendum Special Election date shall be those desig ed by the Supervisor of Elections of Miami -Dade County, Florida, for such purpose in - cordance with the general laws of the State. A description of the registration books and rec. :s which pertain to Referendum Special Election precincts wholly or partly within the City . d which the City is adopting and desires to use for holding such Referendum Special Ele' ion is all voter information cards, registration books, records and certificates pertaining electors of the City and established and maintained as official by the Supervisor of Elections .f Miami -Dade County, Florida, in conformity with the provisions of the general laws the State, are hereby adopted and declared to be, and shall hereafter be recognized and ac• -pted as, official registration cards, books, records and certificates of the City. Section 8. In compliance with Se .n 100.342, Florida Statutes (2023), the City Clerk is authorized and directed to publish notic- of the adoption of this Resolution and of the provisions hereof, at least twice, once in the fifth eek and once in the third week prior to the week ivn which the aforesaid Referendum S. cial Election is to be held, in newspaper(s) oftgeneral circulation in the City which notic hall be substantially in the following form: "N• ICE OF REFERENDUM SPECIAL ELECTION TO END THE MIAMI CITY CHARTER TO BE HELD TUESDAY, AUGUST 20, 2024 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R- A Referen- m Special Election will be held on Tuesday, August 20, 2024, from 7:00 A. . until 7:00 P.M. in the City of Miami, Florida, at the polling places in the sever- Referendum Special Election precincts designated by the Supervisor of Ele ons of Miami -Dade County, Florida, as set forth herein, unless otherwise pr' ided by law, and submitting to the qualified electors of the City of Miami, orida, the following question: OD SHALL THE CITY CHARTER BE AMENDED TO CREATE AN INDEPENDENT OFFICE OF INSPECTOR GENERAL WHO SHALL, AT A MINIMUM, BE EMPOWERED TO PERFORM INVESTIGATIONS, AUDITS, REVIEWS AND OVERSIGHT OF ALL CITY OFFICIALS, EMPLOYEES, AND DEPARTMENTS, CITY FUNDED CONTRACTS, PROGRAMS, AND PROJECTS FOR ABUSE, WASTE AND MISMANAGEMENT, ISSUE SUBPOENAS, AND PROVIDE SERVICES TO OTHER CITY AGENCIES SUBSTITUTED AND AUTHORITIES, WITH SUCH OFFICE'S TERM, POWERS, DUTIES AND RESPONSIBILITIES TO BE FURTHER ESTABLISHED BY ORDINANCE? This Charter Amendment will create Section 52 of the Miami Charter to create the Office of the Independent Inspector General, amend Section 4 of the Miami Charter to prohibit political interference, amend Section 20 of the Miami Charter to provide for the appointment of the Independent Inspector General by the Cit Commission, and amend Section 36 of the Miami Charter to provide that employees employed by the City of Miami and working within the Office of Independent Inspector General are unclassified. By order of the Commission of the City of Miami, Flo •a. Section 9. The official ballot to be used at said Referendum ' •ecial Election shall be in full compliance with the laws of the State with respect to vote -by- ► :11 ballots and to the use of the mechanical voting machines or the Computer Election Syst- , and shall be in substantially the following form: "Official Ballot" Referendum Special Electi• Tuesday, August 20, 2024, for Approval or Disapproval of the following question: Shall the Charter be amended to create the Office Independent Inspector General? "S I the City Charter be amended to create an I ependent Office Of Inspector General who shall, t a minimum, be empowered to perform investigations, audits, reviews and oversight of all City officials, employees, and departments, City funded contracts, programs, and projects for abuse, waste and mismanagement, issue subpoenas„ and provide services to other City agencies and authorities, with such office's term, powers, duties and responsibilities to be further established.I y ordinance?" po YES NO Section 1. The form of the ballot shall be in accordance with the requirements of general elect.laws. Electors desiring to vote in approval of the Question described above shall be ins cted to vote their selection next to the word "YES" within the ballot containing the statemen elating to the Question. Electors desiring to vote to disapprove the Question shall be instruc - . to vote their selection next to the word "NO" within the ballot containing the statement relati► • to the Question. Section 11. The City Clerk shall cause to be prepared vote -by -mail ballots containing e Question set forth in Section 9 above for the use of vote -by -mail electors entitled to cast such ballots in said Referendum Special Election. SUBSTITUTED Section 12. All qualified electors of the City shall be permitted to vote in said Referendum Special Election and the Supervisor of Elections of Miami -Dade County, Florida, is hereby requested, authorized, and directed to furnish, at the 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 th election officials designated to serve at the respective polling places in said Referendum Speal Election precincts. Section 13. For the purpose of enabling persons to register who are qualified to ote in said Referendum Special Election on Tuesday, August 20, 2024, and who have not r' . istered under the provisions of the general laws of the State and Chapter 16 of the Code o he City of Miami, Florida, or who have transferred their legal residence from one voting pre, ct to another in the City, they may register Monday through Friday, from 8:00 A.M. to 5:00 P ' . at the Miami - Dade County Elections Department located at 2700 Northwest 87th Avenue, / iami, Florida, within such period of time as may be designated by the Supervisor. In add' ' .n to the above place and times, qualified persons may register at such branch offices a • may also register to vote online for the purpose of voting in the herein described Referend . Special Election during such times and on such dates as may be designated by the Supervi r. Section 14. Todd B. Hannon, the City Clerk of the City o iami, Florida, or his duly appointed successor, is hereby designated and appointed as t' - official representative of the Commission of the City of Miami, Florida, in all transactions th the Supervisor related to matters pertaining to the use of the registration books and e holding of said Referendum Special Election. Section 15. The City Clerk shall deliver a ce' ied copy of this Resolution to the Supervisor not less than forty-five (45) days prior the date of the Referendum Special Election. Section 16. This Resolution shall be me effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CO George K. Wysd g III, Acting ECTNESS: ttorney 4/16/2024 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.