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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #17919 Resolution Sponsored by: Commissioner Joe Carollo A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT AMENDING SECTION 4(G) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") TO PROVIDE, UPON ADOPTION BY THE ELECTORATE, THAT ALL MEETINGS AND COMMUNICATIONS BETWEEN THE MAYOR AND CITY COMMISSIONERS, RELATED TO A MATTER OF OFFICIAL CITY BUSINESS OR WHICH WILL FORESEEABLY COME BEFORE THE CITY COMMISSION, SHALL ONLY OCCUR AT A PUBLICLY NOTICED MEETING, OPEN TO THE PUBLIC AT ALL TIMES, AND MINUTES OF THE MEETING MUST BE TAKEN AND PROMPTLY RECORDED; CALLING FOR AND PROVIDING THAT THE CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION SCHEDULED FOR 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 GENERAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17919 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 CHARTER AMENDMENT AMENDING SECTION 4(G) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") TO PROVIDE, UPON ADOPTION BY THE ELECTORATE, THAT ALL MEETINGS AND COMMUNICATIONS BETWEEN THE MAYOR AND CITY COMMISSIONERS, RELATED TO A MATTER OF OFFICIAL CITY BUSINESS OR WHICH WILL FORESEEABLY COME BEFORE THE CITY COMMISSION, SHALL ONLY OCCUR AT A PUBLICLY NOTICED MEETING, OPEN TO THE PUBLIC AT ALL TIMES, AND MINUTES OF THE MEETING MUST BE TAKEN AND PROMPTLY RECORDED; CALLING FOR AND PROVIDING THAT THE CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION SCHEDULED FOR 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 GENERAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. 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 to provide that all meetings and communications between the Mayor and City Commissioners, related to a matter of official City business or which will foreseeably come before the City Commission, shall only occur at a publicly noticed meeting, open to the public at all times, and minutes of the meeting must be taken and promptly recorded; 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 scheduled for November 4, 2025; 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 the Charter, 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 require that communications between the Mayor and City Commissioners be subject to the limitations set forth in Chapter 286, Florida Statutes, commonly referred to as Florida's Government in the Sunshine Law as stated herein. Section 3. Section 4(g) 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. 4. Form of government; nomination and election. (a) General description. The form of government of the City of Miami, Florida, provided for under this Charter shall be known as the "mayor -city commissioner plan," and the city commission shall consist of five citizens, who are qualified voters of the city and who shall be elected from districts in the manner hereinafter provided. The city commission shall constitute the governing body with powers (as hereinafter provided) to pass ordinances adopt regulations and exercise all powers conferred upon the city except as hereinafter provided. The mayor shall exercise all powers conferred herein and shall appoint as provided in section 4(g)(6) of this Charter a chief administrative officer to be known as the "city manager." (g) Powers and duties of mayor. The mayor shall serve as the chief executive officer and head of the city government with the following specific powers and duties: (1) The mayor shall be the presiding officer of the city commission with the authority to designate another member of the city commission to serve as presiding officer. (2) The mayor shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the governor for military purposes. In time of public danger or emergency, the mayor may declare a state of emergency as provided in state law and may with the consent of the city commission, take command of the police and maintain order and enforce the laws. (4) During the temporary absence or disability, the mayor shall appoint a member of the city commission to perform the duties of the mayor. However, in the event that the mayor does not or is unable to make such designation, the city commission shall designate a member of the city commission to perform the duties of the mayor during (3) 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. (5) the temporary absence or disability of the mayor by a four -fifths vote of the city commissioners then in office. The mayor shall, within ten days of final adoption by the city commission, have veto authority over any legislative, quasi-judicial, zoning, master plan or land use decision of the city commission, including the budget or any particular component contained therein which was approved by the city commission; provided, however that if any revenue item is vetoed, an expenditure item in the same or greater dollar amount must also be vetoed. The city commission may, at its next regularly scheduled or special meeting after the veto occurs, override that veto by a four -fifths vote of the city commissioners present, notwithstanding any provisions to the contrary contained in the Charter and city code. Said veto power shall include actions pursuant to sections 29-B through 29-D of the Charter. (6) When one person succeeds another in the position of mayor, the successor shall have the right to appoint the city manager, subject to the approval within 14 days of a majority of the city commissioners then in office. In the event of a vacancy in the office of city manager, the mayor shall appoint the city manager, subject to the approval within 14 days of a majority of the city commissioners then in office. The mayor may remove the city manager subject to the city commission's conducting a hearing within 10 days of said removal and the city commission's overriding the mayor's action by a four -fifths vote of those city commissioners then in office. Additionally, the city commission by a four -fifths vote of those city commissioners then in office shall be able to remove the city manager. The mayor shall establish and appoint the members of all standing and special committees of the city commission and the chairperson and vice -chairperson of each committee. There shall be as many standing and special committees of the city commission as deemed necessary by the Mayor. Standing or special committees of the city commission shall mean those comprised of city commission members only. (8) The mayor shall prepare and deliver a report on the state of the city to the people of the city between November 1 and January 31 annually. Such report shall be prepared after consultation with the city commissioners and the city manager. (9) The mayor shall prepare and deliver a budgetary address annually to the people of the city between July 1 and September 30. Such report shall be prepared after consultation with the city manager. (10) All meetings and communications between the Mayor and City Commissioners, related to a matter of official City business or which will foreseeably come before the City Commission, shall only occur at a publicly noticed meeting, open to the public at all times, and minutes of the meeting must be taken and promptly recorded. (7) Section 4. The Referendum Special Election shall be held at the polling places in the precincts designated, all as shown on Exhibit "A," attached and incorporated, or as may be designated by the Supervisor of Elections of Miami -Dade County ("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 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 in conformity with the laws of the State are adopted and declared to be and shall hereafter be recognized and accepted as official voter information cards, registration books, records, and certificates of the City. Section 5. In compliance with Section 100.342, Florida Statutes (2024), regarding any Referendum Special Election not otherwise provided for there must be at least thirty (30) days' notice of the election or referendum by publication in a newspaper of general circulation in the county, district, or municipality, or publication on the county's website as provided in Section 50.0311, Florida Statutes, the municipality's website, or the supervisor's website, as applicable. 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, 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 ON TUESDAY, NOVEMBER 4, 2025 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R- - A Referendum Special Election will be held on 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 for Miami -Dade County, Florida as set forth herein unless otherwise provided by law for the purpose of submitting to the qualified electors of the City of Miami, Florida, the following question: "Shall Section 4(g) of the Charter be amended to provide that all meetings and communications between the Mayor and City Commissioners, related to a matter of official City business or which will foreseeably come before the City Commission, shall only occur at a publicly noticed meeting, open to the public at all times, and minutes of the meeting must be taken and promptly recorded?" This Charter Amendment will amend Section 4(g) of the City Charter to provide that all meetings and communications between the Mayor and City Commissioners, related to a matter of official City business or which will foreseeably come before the City Commission, shall only occur at a publicly noticed meeting, open to the public at all times, and minutes of the meeting must be taken and promptly recorded. 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 November 4, 2025 Charter Amendment providing that Communication between the Mayor and City Commissioners Occur at Public Meetings "Shall Section 4(g) of the Charter be amended to provide that all meetings and communications between the Mayor and City Commissioners, related to a matter of official City business or which will foreseeably come before the City Commission, shall only occur at a publicly noticed meeting, open to the public at all times, and minutes of the meeting must be taken and promptly recorded?" 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 the Referendum Special Election and the Supervisor is requested, authorized, and directed to furnish, at 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 the Supervisor 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 November 4, 2025, and who have not registered under the provisions of the general laws of the State and Chapter 16 of the City Code 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 registration in order to vote 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.