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HomeMy WebLinkAboutR-25-0322City of Miami Resolution R-25-0322 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17913 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"); CREATING NEW SECTION 46 OF THE CHARTER, TITLED "CHARTER REVIEW COMMISSION," TO REQUIRE THE CITY COMMISSION, WITHIN ONE (1) YEAR AFTER CERTIFICATION OF EACH FEDERAL DECENNIAL CENSUS, TO ESTABLISH A CHARTER REVIEW COMMISSION TO REVIEW THE CHARTER, ENGAGE THE PUBLIC, AND REPORT RECOMMENDED CHARTERS AMENDMENTS THE CITY COMMISSION; PROVIDING FOR CREATION AND RECURRENCE, COMPOSITION, STAFFING, POWERS AND DUTIES, DISSOLUTION AND RE, APPOINTMENT, DUTIES, TIMETABLE, DISSOLUTION, AND IMPLEMENTING LEGISLATION; 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 Damian Pardo, Commissioner Ralph "Rafael" Rosado WHEREAS, Section 6.03 of the Miami -Dade County Home Rule Charter authorizes the City Commission to propose Charter amendments to the electorate; and WHEREAS, the City Charter has been amended periodically to adapt to changing demographics, legal requirements, and technological advances; and WHEREAS, the federal decennial census provides an objective demographic benchmark that should trigger a systematic review of municipal governance structures; and WHEREAS, the Florida League of Cities and the National Civic League advise municipalities to convene a Charter Review Commission to gather resident perspectives and systematically evaluate governance structures; and WHEREAS, a Charter Review Commission appointed within one year of census certification will enhance transparency, civic engagement, and orderly consideration of Charter revisions; and City of Miami Page 1 of 6 File ID: 17913 (Revision: A) Printed On: 8/19/2025 File ID: 17913 Enactment Number: R-25-0322 WHEREAS, embedding the CRC's establishment, member qualifications, responsibilities, review timeline, and dissolution directly in the Charter provides a stable framework for recurring, transparent oversight; WHEREAS, the Commission desires to present the voters with a charter amendment at the Referendum Special Election to be on November 4, 2025, that would mandate such periodic review; 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 for the creation of a new Section 46 of the Charter, titled "Charter Review Commission," to establish a Charter Review Commission, as stated herein. Section 3. The Charter of the City of Miami is hereby amended to establish a new Section 46, titled "Charter Review Commission," to establish a Charter Review Commission in the following particulars:' "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER Sec. 46. Reserved Charter Review Commission. (A) Creation and Recurrence. There is established by this Charter a recurring Charter Review Commission ("CRC"). For each federal decennial census, the City Commission shall, by resolution adopted within one (1) year after certification of that census, appoint members to the CRC in accordance with the provisions of this section. A CRC created under this subsection shall stand dissolved upon delivery of its final report to the City Commission. However, nothing herein shall prevent the City Commission from appointing a new CRC following any subsequent decennial census or at any other time the City Commission chooses. (B) Composition. The CRC shall consist of one (1) qualified elector of the City appointed by each of the following internal stakeholders: the Mayor, each City Commissioner then in office, excluding any vacancies that may exist at the time of appointment, 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 6 File ID: 17913 (Revision: A) Printed on: 8/19/2025 File ID: 17913 Enactment Number: R-25-0322 the City Manager. If the number of City Commissioners changes, the size of the CRC shall adjust automatically. Members shall serve without compensation. (C) Staffing. The CRC shall be supported by professional staff as provided by resolution. The City Manager shall provide any necessary administrative assistance, and the City Attorney shall provide legal counsel. (D) Powers and Duties. The CRC is authorized to: a. Conduct a comprehensive review of the City Charter; b. Engage the public through publicly noticed hearings and additional outreach, including written surveys or digital platforms to obtain input from residents, community groups, and stakeholders; c. Request and obtain from City departments any information, documents, or assistance necessary to complete its review; and d. Submit to the City Commission a final written report containing proposed Charter amendments, explanatory commentary, and recommended implementing ordinances no later than twelve (12) months after its first meeting. (E) Dissolution. The CRC shall dissolve upon delivery of its final report to the City Commission or after 365 days, whichever occurs first. Dissolution of a CRC created for one decennial census shall not affect the automatic creation of a new CRC after each subsequent federal decennial census. (F) Implementing Legislation. The City Commission may adopt such additional ordinances or resolutions necessary to implement this Section. 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 City of Miami Page 3 of 6 File ID: 17913 (Revision: A) Printed on: 8/19/2025 File ID: 17913 Enactment Number: R-25-0322 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-25-0322 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 ESTABLISH A CHARTER REVIEW COMMISSION AND REQUIRE THE CITY COMMISSION, WITHIN ONE YEAR AFTER EACH FEDERAL DECENNIAL CENSUS, TO APPOINT A CHARTER REVIEW QUALIFIED ELECTORS OF THE CITY TO THE CHARTER REVIEW COMMISSION TO REVIEW THE CITY CHARTER, HOLD PUBLIC HEARINGS FOR COMMUNITY INPUT, AND RECOMMEND CHARTER AMENDMENTS TO THE CITY COMMISSION? This Charter Amendment amends the Charter to establish a Charter Review Commission to be appointed within one (1) year after each decennial census, establishes member qualifications, duties, timeline, public -engagement and dissolution provisions, and requires the Charter Review Commission to review the Charter and recommend amendments to the City Commission. 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 Miami, Florida: Charter Amendment Establishing a Citizen Charter Review Commission Within One Year of Each Decennial Census "Shall the City Charter be amended to establish a Charter Review Commission and require the City Commission, within one year after each federal decennial census, to appoint a Charter Review qualified electors of the City to the Charter Review Commission to review the City Charter, hold public hearings for community input, and recommend Charter amendments to the City Commission?" City of Miami Page 4 of 6 File ID: 17913 (Revision: A) Printed on: 8/19/2025 File ID: 17913 YES NO Enactment Number: R-25-0322 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. Section 13. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 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 6 File ID: 17913 (Revision: A) Printed on: 8/19/2025 File ID: 17913 Enactment Number: R-25-0322 APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C1ty -ttor -y 8/5/2025 City of Miami Page 6 of 6 File ID: 17913 (Revision: A) Printed on: 8/19/2025