Loading...
HomeMy WebLinkAboutResolutionCity of Miami Resolution Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17920 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 4 OF THE CHARTER, TITLED "FORM OF GOVERNMENT; NOMINATION AND ELECTION," SPECIFICALLY BY AMENDING SUBSECTIONS SECTION 4(G) AND (H) TO ESTABLISH THE OFFICE OF MAYOR AS A FULL-TIME POSITION, FIXING THE SALARY OF THE MAYOR TO MATCH THE COMPENSATION FOR UNITED STATES CONGRESSMEN UNDER 2 U.S.C. § 4501, AS AMENDED AND RENUMBERED FROM TIME TO TIME, AND PROHIBITING THE MAYOR FROM ENGAGING IN OUTSIDE EMPLOYMENT EFFECTIVE UPON APPROVAL OF THE ELECTORATE; 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 special act of the Florida Legislature in 1896 and operates pursuant to the Charter of the City of Miami, Florida, as amended ("Charter"); and WHEREAS, Subpart A, Section 4 of the Charter, titled "Form of government; nomination and election," may be amended by placing a proposed charter amendment before the qualified electors of the City; and WHEREAS, the City Commission finds that establishing the Office of Mayor as a full- time position will enhance executive leadership and accountability in City government; and WHEREAS, the City Commission further finds that fixing the Mayor's salary to match the rate of basic pay prescribed for United States (U.S.) Congressperson under 2 U.S.C. § 4501, as amended or renumbered from time to time, will ensure equitable compensation for the duties and responsibilities of the office; and City of Miami Page 1 of 6 File ID: 17920 (Revision:) Printed On: 8/12/2025 File ID: 17920 Enactment Number: WHEREAS, the City Commission believes that prohibiting the Mayor from engaging in any outside employment during the term of office will promote undivided attention to the duties of the office and avoid conflicts of interest; and WHEREAS, the City Commission desires to submit this proposed Charter amendment to the qualified electors of the City at a Referendum Special Election to be held on November 4, 2025; and WHEREAS, the City Commission must designate and appoint the City Clerk as its official representative for the purposes of voter registration books and records and must deliver a certified copy of this Resolution to the Supervisor of Elections of Miami -Dade County at least forty-five (45) days prior to the Special Election; 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 establish the Office of Mayor as a full-time position, fixing the salary of the Mayor to match the compensation for U.S. Congressperson under 2 U.S.C. § 4501, as amended and renumbered from time to time, and prohibiting the Mayor from engaging in outside employment effective upon approval of the electorate, as stated herein. Section 3. Section 4 of the Charter of the City of Miami is hereby 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. (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 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 6 File ID: 17920 (Revision:) Printed on: 8/12/2025 File ID: 17920 Enactment Number: (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. (3) 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 the temporary absence or disability of the mayor by a four -fifths vote of the city commissioners then in office. (5) 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. (7) 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. City of Miami Page 3 of 6 File ID: 17920 (Revision:) Printed on: 8/12/2025 File ID: 17920 Enactment Number: (10) The Office of Mayor shall be a full-time position. The Mayor shall devote full time and attention to the duties of the office and shall not, during the term for which elected, engage in any other business, profession, or occupation for compensation. (h) Salaries of the mayor and commission. Effective on November 4, 2003, there shall be paid to the city commissioners the sum of $58,200, which is equal to sixty percent of the mayor's salary in effect on July 16, 2003. Such salary shall be paid per year for each commissioner, in twelve equal installments. The compensation of the mayor shall be determined by the commission. The annual salary of the Mayor shall be equal to the rate of basic pay prescribed for U.S. Congresspersons under 2 U.S.C. § 4501, as amended or renumbered from time to time, and shall be adjusted automatically to reflect any changes to that rate. 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: City of Miami Page 4 of 6 File ID: 17920 (Revision:) Printed on: 8/12/2025 File ID: 17920 Enactment Number: SHALL THE CITY CHARTER BE AMENDED TO ESTABLISH THE OFFICE OF MAYOR AS A FULL-TIME POSITION, FIX THE MAYOR'S SALARY TO THE BASIC PAY RATE FOR U.S. CONGRESSPERSONS UNDER 2 U.S.C. §4501, AND PROHIBIT THE MAYOR FROM ENGAGING IN OUTSIDE EMPLOYMENT EFFECTIVE UPON APPROVAL OF THE ELECTORATE? This Charter Amendment amends the Charter to establish the Office of Mayor as a full-time position, fixing the salary of the Mayor to match the compensation for U.S. Congressmen under 2 U.S.C. § 4501, as amended and renumbered from time to time, and prohibiting the Mayor from engaging in outside employment effective upon approval of the electorate, as stated in City Resolution No. 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 Establishing Mayor's Office as a Full -Time Position, Fixing Mayor's Salary, Prohibiting Outside Employment "Shall the City Charter be amended to establish the Office of the Mayor as a full-time position, fix the Mayor's salary to the basic pay rate for U.S. Congresspersons under 2 U.S.C. §4501, and prohibit the Mayor from engaging in outside employment effective upon approval of the electorate?" 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 City of Miami Page 5 of 6 File ID: 17920 (Revision:) Printed on: 8/12/2025 File ID: 17920 Enactment Number: 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. 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 6 of 6 File ID: 17920 (Revision:) Printed on: 8/12/2025