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HomeMy WebLinkAboutR-16-0352Vop City of Miami '"* Legislation < U R �O Resolution: R-16-0352 File Number: 16-01049 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/29/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), KNOWN AS CHARTER AMENDMENT NO. 4; AMENDING SECTION 52, ENTITLED "CITIZENS' BILL OF RIGHTS," TO PLACE THE CITIZENS' BILL OF RIGHTS AT THE BEGINNING OF THE CHARTER; TO EXPRESSLY REQUIRE THE CITY OF MIAMI TO ABIDE BY THE CHARTER'S PROVISIONS, PROVIDE THE RESIDENTS THE RIGHT TO SUE AND BE HEARD IN COURT TO ENFORCE COMPLIANCE WITH CHARTER PROVISIONS, AND IF SUCCESSFUL, TO RECOVER COURT COSTS BUT NOT ATTORNEY'S FEES; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. 4 WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD ON NOVEMBER 8, 2016; 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 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL 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, the City Commission established a Charter Review and Reform Committee ("Committee") in 2014 to conduct a comprehensive review of the Charter and propose amendments to the Charter; and WHEREAS, the Committee has held numerous public meetings, conducted a comprehensive review of the Charter, and has recommended that the Charter be streamlined, updated, and amended to meet the current needs of the City and its residents; and WHEREAS, on July 13, 2016, the Committee presented its final report and recommendations to the City Commission; and WHEREAS, the City Commission approved the Committee's proposed amendments to Section 52 of the Charter, entitled, "Citizens' Bill of Rights," to place the Citizens' Bill of Rights at the beginning of the Charter, to expressly require the City to abide by the Charter's provisions, to provide the residents the right to sue and be heard in court to enforce compliance with Charter provisions, and if successful, to recover court costs but not attorney's fees; and City of Miand Page 1 of 6 File Id. 16-01049 (Version: 2) Printed On: 5/18/2018 File Number: 16-01049 Enactment Number: R-16-0352 WHEREAS, the City Commission directed the City Attorney to prepare an amendment to Section 52 of the Charter for consideration at the Special Election to be held on November 8, 2016; and WHEREAS, the proposed Charter Amendment is set forth in its final form in this Resolution; and WHEREAS, the proposed amendment shall be submitted to the electorate at the Special Election to be held on November 8, 2016, as called for and provided herein; 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. Section 52 of the Charter, entitled "Citizens' Bill of Rights," is proposed to be amended in the following particulars: {1} "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPARTA. THE CHARTER (A) This government has been created to protect the governed, not the governing. In order to provide the public with full and accurate information, to promote efficient administrative management, to make government more accountable, and to insure to all persons fair and equitable treatment, the City of Miami adopts the provisions of the Miami -Dade County Citizens' Bill of Rights as applied to municipal governments located within Miami -Dade County and guarantees the following additional rights aro g grant to its Citizens: 1. To Be Governed By The Rule of Law. The City of Miami Charter is the Constitution of the City of Miami and the City shall abide by all of its express provisions. 42. Religion and Conscience. The City shall not interfere with the freedom of each person in the city to follow the dictates of his or her own conscience concerning religious worship, nor shall the city support any religion. 23. Speech, Assembly and Press. The City shall not interfere with the rights: (i) of freedom of speech; (ii) of freedom of the press; (iii) to petition the government, or (iv) to peaceable assembly. 34. Unreasonable Searches and Seizures. The City shall not authorize any unreasonable search or seizure. 45. Nondiscrimination. The City shall not, directly or indirectly, discriminate among persons because of race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, political affiliation, gender identity and expression, or racial profiling. Nothing herein shall prevent the City of Miami from remedying City of Miand Page 2 of 6 File Id. 16-01049 (Version: 2) Printed On: 5/18/2018 File Number: 16-01049 Enactment Number: R-16-0352 present discrimination or the present effects of past discrimination by a race -conscious affirmative action program which is in compliance with the Constitution and laws of the United States of America and the State of Florida. 66. Environmental Protection. The City shall promote the right of the people to clean air, pure water, freedom from excessive and unnecessary noise, and the natural, scenic, historic and aesthetic qualities of the environment. 67. Natural Resources and Scenic Beauty. It shall be the policy of the City to conserve and protect its natural resources and scenic beauty, which policy shall include the abatement of air and water pollution, and excessive and unnecessary noise. (B) The foregoing enumeration of citizens' rights vests large and pervasive powers in the citizenry of the City of Miami. Such power necessarily carries with it responsibility of equal magnitude for the successful operation of government in the City. The orderly, efficient and fair operation of government requires the intelligent participation of individual citizens exercising their rights with dignity and restraint so as to avoid any sweeping acceleration in the cost of government because of the exercise of individual prerogatives, and for individual citizens to grant respect for the dignity of public office. (C) Remedies for violations employment.—Residents of the City shall have standing to bring legal actions to enforce the City Charter, the Citizens' Bill of Rights, and the Miami -Dade County Citizens' Bill of Rights as applied to the City. Such actions shall be filed in Miami -Dade County Circuit Court pursuant to its general equity jurisdiction and, if successful, the plaintiff shall be entitled to recover costs, but not attorney's fees, as fixed by the court. Any public official, or employee who is found by the court to have willfully violated this section shall forthwith forfeit his or her office or employment. (D) Construction. All provisions of this article shall be construed to be supplementary to and not in conflict with the general laws of Florida or the provisions of the Florida Constitution. If any part of this article shall be declared invalid, it shall not affect the validity of the remaining provisions." The Charter Amendment proposed in this Section shall be known as Charter Amendment No. 11 Section 3. In accordance with the provisions of the Charter, as amended, §6.03 of the Miami -Dade County Home Rule Charter, and Section 2-112 of the Code of the City of Miami, Florida ("City Code"), from 7:00 A.M. until 7:00 P.M., on Tuesday, November 8, 2016, a Special Election will be held for the purpose of submitting to the qualified electors of the City of Miami ("City") their approval or disapproval the measure known as Charter Amendment No. 4. Section 4. The Special Election shall be held at the voting places in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to as Exhibit No.1 or as may be designated by the Supervisor of Elections of Miami -Dade County, Florida, in conformity with the provisions of general laws of the State of Florida ("State"). The Precinct Election Clerks and City of Miand Page 3 of 6 File Id. 16-01049 (Version: 2) Printed On: 5/18/2018 File Number: 16-01049 EnactmentNnmber: R-16-0352 Inspectors to serve at said polling places on said 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 Special Election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such Special Election is all registration cards, 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 laws of the State, are 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, 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 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 SPECIAL ELECTION TO AMEND THE MIAMI CITY CHARTER TO BE HELD ON TUESDAY, NOVEMBER 8, 2016 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R-16-0352 A Special Election will be held on Tuesday, November 8, 2016 from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several Special Election precincts designated by the Board of County Commissioners 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 Section 52 of the Charter of the City of Miami, Florida, known as the 'Citizens' Bill of Rights,' be placed at the beginning of the Charter, be amended to expressly require the City to abide by the Charter's provisions, provide the residents the right to sue and be heard in court to enforce compliance with Charter provisions, and if successful, to recover court costs but not attorney's fees?" Charter Amendment No. 4 places the Citizens' Bill of Rights at the beginning of the Charter of the City of Miami, Florida, as amended ("Charter"), expressly requires the City to abide by the Charter's provisions, provides the residents the right to sue and be heard in court to enforce compliance with Charter provisions, and if successful, to recover court costs but not attorney's fees." By order of the Commission of the City of Miami, Florida. City Clerk A list of City of Miami polling places follows: (Insert list of City of Miami Polling Places.) City of Miand Page 4 of 6 File Id. 16-01049 (Version: 2) Printed On: 5/18/2018 File Number: 16-01049 YES (For the Measure) NO (Against the Measure) Enactment Number: R-16-0352 Section 6. The official ballot to be used at said Special Election shall be in full compliance with the laws of the State with respect to absentee ballots and to use of the mechanical voting mechanics or the Computer Election System, and shall be in substantially the following form, to wit: "OFFICIAL BALLOT" SPECIAL ELECTION TUESDAY, NOVEMBER 8, 2016 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: ----------------------------------------------------------------- Charter Amendment Guaranteeing City Will Follow Charter and Allowing Residents to Enforce Charter ----------------------------------------------------------------- (For the Measure) YES NO (Against the Measure) "Shall Section 52 of the Charter of the City of Miami, Florida, known as the 'Citizens' Bill of Rights,' be placed at the beginning of the Charter, be amended to expressly require the City to abide by the Charter's provisions, provide the residents the right to sue and be heard in court to enforce compliance with Charter provisions, and if successful, to recover court costs but not attorney's fees?" Section 7. The form of the ballot shall be in accordance with 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 frame 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 frame containing the statement relating to the Question. Once individuals are satisfied with their choice, they shall press the "Vote" button and the ballot shall be cast. City of Miand Page 5 of 6 File Id. 16-01049 (Version: 2) Printed On: 5/18/2018 File Number: 16-01049 EnactmentNnmber: R-16-0352 Section 8. The City Clerk shall cause to be prepared absentee ballots containing the Question set forth in Section 6 above for the use of absentee electors entitled to cast such ballots in said special election. Section 9. All qualified Electors of the City shall be permitted to vote in the Special Election and the Supervisor of Elections of Miami -Dade County, Florida, is 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 Special Election precincts. Section 10. For the purpose of enabling persons to register who are qualified to vote in said Special Election to be held on Tuesday, November 8, 2016, 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 Elections Department located at 2700 Northwest 87th Avenue, Doral, Florida, within such period of time as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. In addition to the above place and times, qualified persons may register at such branch offices and may also use any mobile registration van for the purpose of registration in order to vote in the herein described Special Election during such times and on such dates as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. Section 11. Todd B. Hannon, the City Clerk of the City, is designated and appointed as the official representative of the City Commission, in all transactions with the Supervisor of Elections of Miami -Dade County, Florida, related to matters pertaining to use of the registration books and holding of said Special Election. Section 12. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Elections of Miami -Dade County, Florida, not less than forty-five (45) days prior to the date of the Special Election. Section 13. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} Footnotes: {1} 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. 16-01049 (Version: 2) Printed On: 5/18/2018