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HomeMy WebLinkAboutO-13618VoF, City of Miami W F .. is,.,"�, *'Ir Legislation i 0 R �O Ordinance: 13618 File Number: 16-00154 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/14/2016 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 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 ("CITY') BOARDS ARE REQUIRED TO RESIGN FROM A CITY 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 IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. 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 ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS 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, or 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. Each board shall include at least one member whose livelihood does not depend on the area regulated, administered or dealt with by the board. City of Miand Page 1 of 8 File Id. 16-00154 (Version: 4) Printed On: 5/14/2018 File Number: 16-00154 Enactment Number: 13618 (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 �s become a candidate for elective political office, as detailed in Subsections (1), (2), or (3), below, such action shall be deemed a tender of resignation from such board. The board member's resignation shall be effective upon whichever occurs first: (1) At the time 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 bringing 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 qualification papers and subscribes to a candidate's oath as required by law. However, any individual that is required to resign from a city board under the circumstances described above may be reappointed to his or her city board position by a simple majority vote of the City Commission. None of the above provisions in section 2-884(d), relating to resignation from city boards upon candidacy for elective office, shall apply to a sitting City Commissioner or Mayor. When a sitting City Commissioner or Mayor becomes a candidate for office, and is, therefore, required to resign from his or her presently held seat under State law, if the City Commission appoints that individual to serve the remainder of the term for his or her presently held seat until the election, then that individual shall also automatically be deemed reappointed to his or her Position(s) on any City board. If, however, that individual is not appointed by the City Commission to serve the remainder of his or her presently held seat until the election, then that individual's resianation from his or her aresently held seat shall be deemed a tender of resianation for his or City of Miand Page 2 of 8 File Id. 16-00154 (Version: 4) Printed On: 5/14/2018 File Number: 16-00154 her position(s) on any and all City boards. Enactment Number: 13618 The provisions of Section 2-884(d), as detailed above, shall not apply in the event of any conflict with State 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 2. Chapter 16 of the City Code is amended in the following particulars: {1} "CHAPTER 16 ELECTIONS 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 City of Miand Page 3 of 8 File Id. 16-00154 (Version: 4) Printed On: 5/14/2018 File Number: 16-00154 (7) Shall pay a qualification fee in the amount of $100.00. Enactment Number: 13618 (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 Florida, in group of the City of Miami, 3. 1 have resided in the City of Miami for a minimum 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 day of to the 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.) Prior 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. City of Miand Page 4 of 8 File Id. 16-00154 (Version: 4) Printed On: 5/14/2018 File Number: 16-00154 Enactment Number: 13618 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.) 8. 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 F.S. § 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 Gity manageF nit" attorney Florida (other than a pity nnmmissioner or ma yer\ affiant in the naso of an emnleyee shall take a leave of absence, without pay from his/her employment during the period in which affiant +s - seeking opoGti„n to has become a candidate for elective public office. or in the Gase of a hoard! City of Miand Page 5 of 8 File Id. 16-00154 (Version: 4) Printed On: 5/14/2018 File Number: 16-00154 Enactment Number: 13618 member S Gh member shall resign and This Subsection does not apply to the Commissioners and Mayor, City Manager, City Attorney, City Clerk, and Independent Auditor General. sSuch leave of absence or resignation to shall be effective upon which ever whichever occurs first: (a) Such employee er beard member receives contributions or makes expenditures, or gives her or his consent for any other person 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 member appoints a campaign treasurer and designates a primary depository; or (c) aAt the time such employee or board member 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 / / 4-920 , 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. CITY CLERK, CITY OF MIAMI, FLORIDA City of Miand Page 6 of 8 File Id. 16-00154 (Version: 4) Printed On: 5/14/2018 File Number: 16-00154 Enactment Number: 13618 (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 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 City of Miand Page 7 of 8 File Id. 16-00154 (Version: 4) Printed On: 5/14/2018 File Number: 16-00154 the Mayor. {2} Footnotes: Enactment Number: 13618 {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) calendar 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. City of Miami Page 8 of 8 File Id. 16-00154 (Version: 4) Printed On: 5/14/2018