HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, City Attorney47_ xlifr.71-z
DATE: April 10, 2025
RE: City Commission Meeting -March 13, 2025
A Resolution of the Miami City Commission directing the City Attorney to
draft a Charter Amendment establishing Section 13 of the Charter of the
City of Miami, Florida, as amended, entitled "Redistricting."
File No.: 17334
The proposed resolution directs the City Attorney to draft a Charter Amendment,
pursuant to the Settlement Agreement reached in GRACE, Inc.; Engage Miami, Inc;
South Dade Branch of the NAACP; Miami -Dade Branch of the NAACP; Clarice Cooper;
Jared Johnson; Yanelis Valdes; and Alexandra Contreras vs. City of Miami, Case No.
1:22-CV-24066-KMM in the U.S. District Court for the Southern District of Florida, to
establish Section 13 of the Charter of the City of Miami, Florida, as amended, entitled
"Redistricting," to prohibit the drawing of City Commission districts with the intent to
favor or disfavor a candidate or incumbent, establish a Citizens' Redistricting Committee
to draw districts after each Census and when required by law, provide a process for the
Redistricting Committee to propose redistricting plans to the City Commission for final
action, and set qualifications, duties, term of office, and procedures for appointment and
removal of Redistricting Committee member.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
City of Miami
Legislation
Resolution
Enactment Number: R-25-0134
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17334 Final Action Date:4/10/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO PREPARE A PROPOSED AMENDMENT TO THE CHARTER OF THE
CITY OF MIAMI, FLORIDA ("CHARTER") FOR CONSIDERATION AT THE SPECIAL
ELECTION SCHEDULED FOR NOVEMBER 4, 2025, PROPOSING, UPON
APPROVAL OF THE ELECTORATE, TO CREATE SECTION 13 OF THE CHARTER,
ENTITLED "REDISTRICTING," TO PROHIBIT THE DRAWING OF CITY COMMISSION
DISTRICTS WITH THE INTENT TO FAVOR OR DISFAVOR A CANDIDATE OR
INCUMBENT, ESTABLISH A CITIZENS' REDISTRICTING COMMITTEE TO DRAW
DISTRICTS AFTER EACH CENSUS AND WHEN REQUIRED BY LAW, PROVIDE A
PROCESS FOR THE REDISTRICTING COMMITTEE TO PROPOSE REDISTRICTING
PLANS TO THE CITY COMMISSION FOR FINAL ACTION, AND SET
QUALIFICATIONS, DUTIES, TERM OF OFFICE, AND PROCEDURES FOR
APPOINTMENT AND REMOVAL OF REDISTRICTING COMMITTEE MEMBERS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") is divided into City Commission districts to
provide for the fair and effective representation of residents throughout the City's
geographic boundaries; and
WHEREAS, on March 24, 2022, the Miami City Commission adopted Resolution
R-22-0131, redrawing the City Commission districts following the 2020 Census; and
WHEREAS, subsequent litigation challenged the legality of the adopted
redistricting plans, resulting in a federal court ruling that found the districts were drawn in a
manner violating the Equal Protection Clause of the Fourteenth Amendment; and
WHEREAS, following the court's ruling, the City entered into a settlement
agreement providing for the establishment of a Citizens' Redistricting Committee to
oversee future redistricting efforts with City Commission's final approval; and
WHEREAS, the City Commission seeks to amend the Charter to enact the purpose
of the settlement agreement by requiring that City Commission district boundaries are
drawn fairly and without bias, explicitly prohibiting any intent to favor or disfavor a
candidate or incumbent, and establishing the Citizens' Redistricting Committee; and
WHEREAS, the City wishes to direct the City Attorney to prepare a proposed
amendment to the Charter for consideration at the Referendum Special Election
scheduled to occur simultaneously with the General Election set for November 4, 2025,
proposing, upon approval of the electorate, the creation of Section 13 of the Charter,
entitled "Redistricting," to codify these principles and processes;
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 fully set forth in this Section and represent findings of
the City Commission.
Section 2. The City Attorney is directed to prepare a proposed amendment to the
Charter for consideration at the Special Election scheduled for November 4, 2025, proposing,
upon approval of the electorate, to create Section 13 of the Charter, entitled "Redistricting," to
prohibit the drawing of City Commission districts with the intent to favor or disfavor a candidate
or incumbent, establish a Citizens' Redistricting Committee to draw districts after each Census
and when required by law, provide a process for the Redistricting Committee to propose
redistricting plans to the City Commission for final action, and set qualifications, duties, term of
office, and procedures for appointment and removal of Redistricting Committee members.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ge Wys ng III, C y ttor -y 3/4/2025