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HomeMy WebLinkAboutR-25-0243City of Miami Resolution R-25-0243 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16366 Final Action Date: 7/10/2025 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"); CREATING NEW SECTION 13 OF THE CHARTER, TITLED "REDISTRICTING," THEREBY AMENDING THE CHARTER TO PROVIDE THAT CITY COMMISSION DISTRICTS MAY NOT BE DRAWN 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 PROCESS FOR THE REDISTRICTING COMMITTEE TO PROPOSE REDISTRICTING PLANS TO THE CITY COMMISSION FOR FINAL ACTION, SET REDISTRICTING COMMITTEE MEMBERS' QUALIFICATIONS, DUTIES, TERM OF OFFICE, AND PROCESS FOR APPOINTMENT AND REMOVAL; CALLING FOR A REFERENDUM AND PROVIDING THAT THE CHARTER AMENDMENT WILL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 4, 2025; 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. WHEREAS, on March 24, 2022, the Miami City Commission adopted Resolution R-22- 0131 ("2022 Plan"), redrawing the City Commission districts following the 2020 Census; and WHEREAS, on December 15, 2022, Grove Rights and Community Equity, Inc. ("GRACE"), Engage Miami, Inc., the South Dade Branch of the NAACP, the Miami -Dade Branch of the NAACP, Clarice Cooper, Yanelis Valdes, Jared Johnson, Alexandra Contreras, and Steven Miro (collectively, "Federal Plaintiffs") filed 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, ("Federal Action") against the City of Miami ("City") in the U.S. District Court for the Southern District of Florida ("Federal Court"), alleging that the 2022 Plan violated the Equal Protection Clause of the Fourteenth Amendment; and WHEREAS, on May 23, 2023, the Federal Court preliminarily enjoined the City from enforcing the 2022 Plan; and City of Miami Page 1 of 7 File ID: 16366 (Revision: A) Printed On: 8/25/2025 File ID: 16366 Enactment Number: R-25-0243 WHEREAS, on June 14, 2023, the Miami City Commission adopted Resolution R-23- 0271 ("2023 Plan"), another plan for the City Commission districts; and WHEREAS, on July 30, 2023, the Federal Court issued its order on interim remedy, sustaining the Federal Plaintiffs' objections to the 2023 Plan and adopting Plaintiffs' P4 plan as the Federal Court's interim remedy pending final judgment; and WHEREAS, on July 30, 2023, the City appealed the Federal Court's interim remedial order, City of Miami v. 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, Case No. 23-12472 ("Federal Appeal"); and WHEREAS, on September 14, 2023, the American Civil Liberties Union of Florida, Inc. (the "ACLU of Florida") filed a new lawsuit, American Civil Liberties, Union of Florida, Inc. vs. City of Miami, Case No. 2023-023038-CA-01 ("State Action"), against the City in the Circuit Court of Florida's Eleventh Judicial Circuit ("State Court"), alleging that the 2023 Plan violated Florida's Government in the Sunshine Law, Chapter 286, Florida Statutes; and WHEREAS, on January 11, 2024, the Miami City Commission adopted Resolution R-24- 0001, amending the 2023 Plan by making a small change affecting two districts; and WHEREAS, on April 10, 2024, following a bench trial, the Federal Court: (1) found all five (5) districts in both the 2022 Plan and the 2023 Plan (including as amended by R-24-0001) are unconstitutionally racially gerrymandered in violation of the Equal Protection Clause of the Fourteenth Amendment; (2) permanently enjoined the City of Miami and its officers and agents from enforcing the unconstitutional districts; (3) awarded each Federal Plaintiff nominal damages in the amount of $1.00; and (4) retained jurisdiction to adjudicate the remedial phase of the case; and WHEREAS, on May 23, 2024, the City Commission adopted Resolution No. R-24-0205, authorizing the City Manager to enter into the Settlement Agreement, attached and incorporated as Exhibit "B"; and WHEREAS, the Settlement Agreement, adopted as a consent order by the Court, provided: 1) for the payment of nominal damages, in the amount of one dollar ($1.00), to the Plaintiffs, and payment, in the amount of one million five hundred eighty three thousand thirty one dollars and thirty five cents ($1,583,031.35), for attorneys' fees and costs; 2) that the City Commission officially accepts the boundaries of each City Commission District as set forth in Exhibit "C," attached and incorporated, with conditions as set forth therein; and 3) place a charter amendment for consideration at the referendum special election to be held on November 2025, proposing, upon approval of the electorate, to establish a new Section 13 of the Charter, titled "Redistricting," to establish a Citizens Redistricting Committee and providing for an appointment process, qualifications for membership, tenure, removal and vacancies, duties, and providing for standards for establishing district boundaries and ensure districts are not drawn to favor or disfavor candidates; and WHEREAS, pursuant to the terms of the Settlement Agreement, on April 10, 2025, the City Commission adopted Resolution No. R-25-0134, directing the City Attorney to draft the proposed Charter Amendment; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 2 of 7 File ID: 16366 (Revision: A) Printed on: 8/25/2025 File ID: 16366 Enactment Number: R-25-0243 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. 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 November 4, 2025, 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 a new Section 13 of the Charter, titled "Redistricting," to establish a Citizens Redistricting Committee, as stated herein. Section 3. The Charter of the City of Miami is hereby amended to establish a new Section 13, titled "Redistricting," to establish a Citizens Redistricting Committee in the following particulars:1 "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER Sec. 13. Reserved Redistricting. (a) Appointment. There shall be a citizens' redistricting committee, which shall be empaneled in each year following the decennial census and at any other time redistricting is required by law. The city clerk shall develop and publish an application for members of the committee and set deadlines for the submission of applications, appointment of committee members, and development and proposal of plans pursuant to subsection (d). The city commissioners and the mayor shall each appoint one committee member. (b) Qualifications. Each committee member shall be a city resident with an outstanding reputation of integrity, responsibility, and commitment to community service. No person may serve on the committee if they have, within two years from the date of application, held or been a candidate for elected office or been a registered lobbyist with the city. No person may serve on the committee if they or an immediate family member have, within two years from the date of application, served as an employee of the city commission, a city commissioner, or the mayor. For the purposes of this section, "immediate family" means a person's spouse or the parent, child, grandparent, grandchild, or sibling of the person or the person's spouse. (c) Tenure, Removal, and Vacancies. Each committee member's term of office expires the later of (1) one year after the committee adopts a redistricting plan, or (2) when all pending legal challenges to the committee's redistricting plan are resolved. A committee member may be removed for good cause and after proper hearing by a three -fourths vote of either the committee or city commission. Vacancies shall be filled by the remaining committee members. (d) Duties. 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. City of Miami Page 3 of 7 File ID: 16366 (Revision: A) Printed on: 8/25/2025 File ID: 16366 Enactment Number: R-25-0243 (1) The committee shall have the power to draw the city commission districts after each decennial census and at any other time required by law, pursuant to this section. The committee shall be staffed by the city attorney, city clerk, and any redistricting experts selected by the committee. (2) The committee shall conduct an open and transparent process enabling full public consideration of and comment on the drawing of district lines. The committee shall solicit and accept input from the public as part of the drafting process. (3) The committee shall propose one or more initial redistricting plans to the city commission. The city commission may (a) reject all initial plans and transmit its objections thereto to the committee, (b) adopt an initial plan without changes, (c) adopt an initial plan with changes, provided the changes do not move more than two percent of the population of any proposed district, or (d) after voting on each initial plan and rejecting them all, adopt its own plan by the vote of at least four city commissioners. (4) If the city commission fails to adopt a redistricting plan pursuant to paragraph (3), the committee shall propose one or more revised redistricting plans to the city commission. The city commission may (a) accept a revised plan without changes, (b) adopt a revised plan with changes, provided the changes do not move more than two percent of the population of any proposed district, or (c) after voting on each revised plan and rejecting them all, adopt its own plan by the vote of at least four city commissioners. (e) Standards for Districts. No redistricting plan or district may be drawn with the intent to favor or disfavor a candidate or incumbent. This subsection shall apply to any districts drawn after it is approved by the voters. Section 4. 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, 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 5. In compliance with Section 100.342, Florida Statutes, regarding any Special Election not otherwise provided for, there shall be at least thirty (30) days' notice of the Special Election by publication in a newspaper of general circulation in the City or publication on Miami - Dade County's website as provided in Section 50.0311, Florida Statutes, the City's website, or the Supervisor of Elections of Miami -Dade County, Florida website. 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 in which the aforesaid Referendum Special Election is to be held, which notice shall be substantially in the following form: City of Miami Page 4 of 7 File ID: 16366 (Revision: A) Printed on: 8/25/2025 File ID: 16366 Enactment Number: R-25-0243 "NOTICE OF REFERENDUM SPECIAL ELECTION TO AMEND THE MIAMI CITY CHARTER TO BE HELD TUESDAY, NOVEMBER 4, 2025 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R-25-0243 A Referendum Special Election will be held on Tuesday, November 4, 2025, 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 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 PROVIDE THAT CITY COMMISSION DISTRICTS MAY NOT BE DRAWN 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 PROCESS FOR THE REDISTRICTING COMMITTEE TO PROPOSE REDISTRICTING PLANS TO THE CITY COMMISSION FOR FINAL ACTION, SET REDISTRICTING COMMITTEE MEMBERS' QUALIFICATIONS, DUTIES, TERM OF OFFICE, AND PROCESS FOR APPOINTMENT AND REMOVAL? This Charter Amendment amends the Charter to provide that City Commission districts may not be drawn 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 process for the Redistricting Committee to propose redistricting plans to the City Commission for final action, and sets Redistricting Committee members' qualifications, duties, term of office, and process for appointment and removal. By order of the Commission of the City of Miami, Florida. Section 6. 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, November 4, 2025, for Approval or Disapproval of the following question: Charter Amendment to Prohibit Gerrymandering, Establish Citizens' Redistricting Committee, and Define Redistricting Process "Shall the City Charter be amended to provide that City Commission districts may not be drawn 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 process for the Redistricting Committee to propose redistricting plans to the City Commission for final action, set City of Miami Page 5 of 7 File ID: 16366 (Revision: A) Printed on: 8/25/2025 File ID: 16366 Enactment Number: R-25-0243 Redistricting Committee members' qualifications, duties, term of office, and process for appointment and removal?" YES NO Section 7. 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 8. The City Clerk shall cause to be prepared vote -by -mail ballots containing the Question set forth in Section 6 above for the use of vote -by -mail electors entitled to cast such ballots in said Referendum Special Election. Section 9. 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 10. For the purpose of enabling persons to register who are qualified to vote in said Referendum Special Election on Tuesday, November 4, 2025, 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 Office of the Supervisor of Elections 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 11 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 12. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor not less than forty-five (45) days prior to the date of the Referendum Special Election. City of Miami Page 6 of 7 File ID: 16366 (Revision: A) Printed on: 8/25/2025 File ID: 16366 Enactment Number: R-25-0243 Section 13. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C y ttor -y 8/5/2025 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 7 File ID: 16366 (Revision: A) Printed on: 8/25/2025