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Ordinance
File Number: 16-00154
Final Action Bate:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE XUDiVISION 2/SECTION 2-884 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ("CITY CODE"') ENTITLED "ADMINISTRATION/BOARDS,
COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF
BOARDS GENERALLY/MEMBERSHIP ON BOARDS", TO CLARIFY LANGUAGE AS
TO THE REQUIREMENT THAT MEMBERS OF CITY OF MIAMI BOARDS ARE
REQUIRED TO RESIGN FROM A BOARD POSITION UPON SEEKING TO
BECOME A CANDIDATE FOR ELECTIVE POLITICAL OFFICE, AND AMENDING
CHAPTER 16/SECTION 16-6 OF THE CITY CODE; ENTITLED
"ELECTIONS/CANDIDATE QUALIFICATIONS; AFFIDAVIT, AND FORM THEREOF,
REQUIRED OF CANDIDATES FOR OFFICE OF COMMISSIONER OR MAYOR;
FINDING CANDIDATE UNQUALIFIED; FAILURE TO SUBMIT AFFIDAVIT;
AUTHORIZATION FOR CITY CLERK TO PURSUE JUDICIAL DECLARATION", TO
DELETE CERTAIN LANGUAGE RELATING TO CITY BOARD MEMBERS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
BE 1T ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 2 of the Code of the City of Miami, Florida, as amended, ("City Code") is
amended in the following particulars: {1}
"CHAPTER 2
ADMINISTRATION
DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY
Sec. 2-884, Membership on boards:_
(a) Unless otherwise specifically provided in the Charter or the Code; all members of city boards shall
either be permanent residents of the city, own real property in the city, or work or maintain a business
in the city, and shall have good reputations for integrity and community service. In addition, all board
members should have demonstrated an interest in the field, activity or sphere covered by the board.
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Each board shall include at least one member whose livelihood does not depend on the area
regulated, administered or dealt with by the board,
(b) Unless the city commission by four-fifths vote of its membership or an unanimous vote of the
quorum that exists because of either abstentions or vacancies resulting from resignation, death,
suspension, or physical incapacitation waives the requirement that board members either reside in the
city, own real property in the city or maintain a business in the city, any member of a city board who
ceases to be a resident of the city and/or ceases to work, own real property or maintain a business in
the city during the term of his or her office shall immediately advise the city clerk. The city clerk shall
inform the city commission whenever a board member has ceased to be in compliance with said
eligibility requirements for board membership and said board member shall be automatically removed
from the board. The city clerk shall then inform the city commission in writing that the position has
been declared vacant. Upon being advised by the city clerk of such circumstances, the city
commission shall promptly fill the vacant position,
(c) The primary consideration in appointing board members shall be to provide the board with the
needed technical, professional, financial, business or administrative expertise. The membership of
each board should be representative of the community at large and should reflect the racial, ethnic
and cultural makeup of the community.
(d) No member of any city board shall become a candidate for elective political office during his or her
term, Should any member of a city board seek to become a candidate for elective political
office, as detailed below, such liaction shall be deemed a tender of resignation from such
board. The board member's resimation shall be effective upon whichever occurs first:
(1) Such board member receives contributions or makes expenditures, or gives his or
her consent for any other person to receive contributions or make expenditures, with a
view to brinqinq about his or her nomination or election to public office,
(2) At the time such board member appoints a campaign treasurer and designates a
primary depository; or
(3) At the time such board member files gualification papers and subscribes to a
candidate's oath as required by law,
(e) Except for the Housing Opportunities for Persons With AIDS (HOPWA) Advisory Board
(HAB), or as otherwise specifically provided in the Charter or the Code, an employee of
Miami -Dade County, Florida, or any municipality therein other than a city employee, shall not
serve on or be appointed to any board of the city, unless the city commission waives this
restriction by a four-fifths affirmative vote of its membership and the employee is a resident of
the city.
Section 3. Chapter 16 of the City Code is amended in the following particulars: {1}
" CHAPTER 16
ELECTION
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File Number., 16-00154
Section 16-6 Candidate qualifications; affidavit, and form thereof, required of candidates for office of
commissioner or mayor; finding candidate unqualified; failure to submit affidavit; authorization for city
clerk to pursue judicial declaration.
(a) A candidate for the office of mayor shall:
(1) Possess the qualifications requisite to an elector at a general state election;
(2) Have resided within the city at least one year prior to qualifying for the office;
(3) Be required to maintain an actual and real residence for the duration of his term of office in
the city;
(4) Have been registered by the city registration books that have been prescribed by ordinance;
(5) Be a qualified elector of the city as set forth in section 4 of the Charter of the city; and
(6) Shall pay a qualification fee in the amount of $100.00.
(b) A candidate for the office of commissioner shall:
(1) Possess the qualifications requisite to an elector at a general state election;
(2) Have resided, within the city for at least one year prior to qualifying;
(3) Have resided within the district they wish to represent for at least one year prior to
qualifying;
(4) Be required to maintain an actual and real residence for the duration of their term in the city
and in their district;
(5) Have been registered by the city registration books that have been prescribed by ordinance;
(6) Be a qualified elector of the city as set forth in section 4 of the Charter of the city; and
(7) Shall pay a qualification fee in the amount of $100,00,
(c) Candidates for nomination and election to the office of commissioner or mayor shall pay the
required qualification fee and file with the city clerk, on a form submitted by the clerk, a sworn
statement in the following form containing the following information:
AFFIDAVIT OF CANDIDATE
CITY OF MIAMI, FLORIDA
STATE OF FLORIDA)
COUNTY OF DADE
CITY OF MIAMI )
(hereinafter "affiant"), being first duly sworn, deposes and says:
1. My name is
2. 1 am offering myself as a candidate for the office of of the City of Miami, Florida, in
group
3. 1 have resided in the City of Miami for a minimurn of one year before qualifying if applying for
mayor and one year in the district if applying for commission and I am a registered voter and a
duly qualified elector of the City of Miami, Florida, presently registered to vote in precinct no.
I presently reside at the following address (must include zip code):
which is my legal address, and I have resided continually at said address from the
day of to the day
of
4. Immediately prior to residing at the above -stated address, I have resided at the hereinbelow listed
addresses for the cited periods of time:
(List hereinbelow all addresses at which you have resided for the past five years, as well as the
length of time at each address.)
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Idor.Addresses For the Period
5, In addition to the residence I have listed as my present address I also reside at the following listed
addresses on a temporary basis as a secondary domicile or domiciles.
6. Affiant's spouse resides at the following address:
(Must include city, state and zip code.)
7. Affiant's minor children reside at the following address:
(Must include city, state and zip code.)
& At the present time, affiant (is) (is not) registered to vote in any city, county or state other than as
stipulated in subparagraph 3, above.
9. Name and business address of affiant's employer:
10. Affiant's occupation:
Affiant's business telephone number(s):
11. Affiant has. been employed in the above-cited capacity for the following period of time:
(Note: In the event the occupation of affiant has been for a period of less than one year, or the
employment period with the same employer has been for a period of less than one year, affiant
shall give the name(s) and address(es) of his/her employer(s) and occupation(s) for the period
of one year prior to the date of this affidavit.)
12. Affiant represents that he/she (is) (is not) currently holding another elective or appointive
office -whether city, county or municipal -the term of which or any part thereof runs concurrently
with that of the office he/she seeks, and that he/she has resigned from any office from which
he/she is required to resign pursuant to FS, § 99.012 and/or the City of Miami Charter.
13. Affiant represents that, as of this date, he/she (is) (is not) seeking to qualify for a public office
which is currently held by an officer who has authority to appoint, employ, promote, or
otherwise supervise him/her and who has qualified as a candidate for reelection to that office.
(Note: If affiant is an employee of the City of Miami (other than city manager, city attorney,
independent auditor general or city clerk)
affiant $hail take -
a leave of absence, without pay from his/her employment during the period in which affiant is
seeking election to public office'
and such leave of absence er-resi s�atae teshall be effective upon w4imoh-ev�erwhicljever occurs
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first:
(a) Such employee Gr --board member receives contributions or makes expenditures, or gives
her or his consent for any other per -son to receive contributions or make expenditures, with
a view to bringing about his or her nomination or election to public office; or
(b) At the time such employee or beard rae appoints a campaign treasurer and designates
a primary depository; or
(c) at the time such employee e; bGa-rd-mems files qualification papers and subscribes to a
candidate's oath as required by law.
The definition of "city board" is found in section 2-882 of the Miami City Code.
14, Affiant's campaign headquarters address and telephone number:
Affiant's campaign treasurer's name:
Affiant's campaign treasurer's address:
Telephone nos.: (work) (home) _
15, Affiant represents that, if elected, he/she shall serve in the elective office to which he/she seeks
election,
16. Following is the exact way in which affiant would like to have his/her name printed on the official
ballot,
SIGNED THIS day of
19 , in Miami, Florida.
Affiant
BEFORE ME, the undersigned authority, personally appeared , who, after first
being duly sworn, deposes and states that executed the foregoing to the best of
knowledge and belief,
CITYCLERK,
CITY OF MIAMI, FLORIDA
(SEAL)
Did take an oath
Produced identification
Type of identification produced:
__(d) In the event the commission finds that any_ candidate for the office of mayor or commissioner does
not meet the qualifications of an elector as required under the Charter of the city or of this section, the
commission may adopt a resolution so finding and directing the city clerk to refrain from placing the
name of the candidate for mayor or commissioner, as the case may be, on the ensuing ballot for such
office. In the event the name of the candidate has already been placed on the ballot, then the clerk
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shall be instructed to take the necessary action to either remove the name from the ballot or lock the
key for that particular candidate in order that the electorate shall not be permitted to vote on an
unqualified candidate for the office of mayor or commissioner.
Nothing herein contained shall prohibit the candidate who is found to be unqualified for the office of
mayor or commissioner from appealing the decision of the commission to a court of appropriate
jurisdiction.
(e) The city clerk shall not accept a qualifying fee from any candidate who fails to submit to the clerk,
either prior to or simultaneously with the submission of the qualifying fee, the affidavit fully completed
as required by subsection (b) hereof.
(f) If the city clerk finds:
(1) That the qualification papers of a candidate, on their face, are not in compliance with the
applicable elections laws of the State of Florida and in compliance with the applicable municipal
charter or laws or ordinances;
(2) That the qualification papers of any candidate, on their face, are incomplete or defective,
and are incomplete or defective at the end of the qualifying period;
(3) That the qualification fee has not been paid in accordance with law;
(4) That a sworn written statement is or has been filed by a qualified elector residing within the
municipality challenging the qualifications of a candidate for municipal office; or
(5) That the city clerk has received written notification from the Dade County Supervisor of
Elections that a candidate is not an elector of the City of Miami;.
the city clerk is hereby authorized and directed to file and prosecute an appropriate action In the circuit
court for Dade County, in the name of the city clerk, solely for the purpose of receiving a judicial
determination with regard to the qualifications of the candidate. In the event the circuit court rules for
the city clerk, the city clerk is directed to take the necessary action to remove the name from the ballot
or notify the voting public of the candidate's invalidity if such removal is impracticable,
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.(2}
APP OVED AS TO FORM AND CORRECTNESS:
VI&ORIA M�NDEZ
CITY ATTORNEY
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Footnotes•
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are not in effect and remain unchanged. /asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the effective
date stated herein, whichever is later.
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