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HomeMy WebLinkAboutResolutionCity of Miami Resolution Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17915 Final Action Date: 7/24/2025 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"), KNOWN AS CHARTER AMENDMENT NO. ; AMENDING SECTION 16 OF THE CHARTER, TITLED "SAME — POWERS AND DUTIES," TO REQUIRE THE CITY MANAGER TO INVESTIGATE NON -FRIVOLOUS COMPLAINTS WITH SUFFICIENT EVIDENCE OF VIOLATION OF THE CITY CODE AGAINST A CITY ELECTED OR APPOINTED OFFICIAL, AND WHICH ALSO MEETS THE REQUIREMENTS OF LAW, WITHIN SEVEN (7) DAYS; 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. SPONSOR(S): Commissioner Joe Carollo 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, on July 24, 2025, by its adoption of Resolution No. 25- , the City Commission directed the City Attorney to prepare the herein proposed Charter Amendment; and WHEREAS, the City Commission finds that it is in the best interest of the electorate to amend the language of the Charter directing the City Manager to require investigation into code violations related to elected or appointed City officials which meet the requirements law within seven (7) days or receipt; and WHEREAS, the City Commission wishes to submit the proposed amendment to the Charter to the electorate for approval or disapproval at the Referendum Special Election to be held on November 4, 2025; City of Miami Page 1 of 5 File ID: 17915 (Revision:) Printed On: 8/12/2025 File ID: 17915 Enactment Number: 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. 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 to amend the language of the Charter to authorize the City Commission to approve the sale or lease of City -owned property by a four -fifths (4/5ths) affirmative vote if fewer than three (3) proposals are received after public notice soliciting proposals. Section 3. Section 16 of the Charter is proposed to be amended in the following particulars: "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER Sec. 16. - Same —Powers and duties. The powers and duties of the city manager shall be to: (a) See that the laws and ordinances are enforced. (b) Appoint and remove, except as otherwise provided in this Charter, all directors of the departments and all subordinate officers and employees in the departments in both the classified and unclassified service; all appointments to be upon merit and fitness alone, and in the classified service all appointments and removals to be subject to the civil service provisions of this Charter. (c) Exercise control over all departments and divisions created herein or that may be hereafter created by the city commission. (d) Attend all meetings of the city commission with the right to take part in the discussion but having no vote. (e) Recommend to the mayor and city commission for adoption such measures as the city manager may deem necessary or expedient. (f) Keep the mayor and city commission fully advised as to the financial condition and needs of the city; and 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 2 of 5 File ID: 17915 (Revision:) Printed on: 8/12/2025 File ID: 17915 Enactment Number: (g) Investigate non -frivolous complaints with sufficient evidence of violation of the City Code against a City elected or appointed official, which also meets the requirements of law, within seven (7) days. (gh) Perform such other duties as may be prescribed by this Charter or be required by the mayor or ordinance or resolution of the city commission. 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: "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- - 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 Section 16 of the Charter be amended to require the City Manager to investigate non -frivolous complaints with sufficient evidence of violation of the City Code against a City elected or appointed official, and which also meets the requirements of law, within seven (7) days?" City of Miami Page 3 of 5 File ID: 17915 (Revision:) Printed on: 8/12/2025 File ID: 17915 Enactment Number: This Charter Amendment will amend Section 16 of the Charter to require the City Manager to investigate non -frivolous complaints with sufficient evidence of violation of the City Code against a City elected or appointed official, and which also meets the requirements of law, within seven (7) days. 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 Requiring City Manager to Investigate Non -frivolous Code Complaints Against Elected or Appointed Officials "Shall Section 16 of the Charter be amended to require the City Manager to investigate non - frivolous complaints with sufficient evidence of violation of the City Code against a City elected or appointed official, and which also meets the requirements of law, within seven (7) days?" 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 City of Miami Page 4 of 5 File ID: 17915 (Revision:) Printed on: 8/12/2025 File ID: 17915 Enactment Number: 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. Section 13. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 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 5 of 5 File ID: 17915 (Revision:) Printed on: 8/12/2025