HomeMy WebLinkAboutSubmittal-Commissioner Reyes-Sec.4-Form of Government Nomination and ElectionSubmitted into the public
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Sec. 4. - Form of government; nomination and election. on �City Clerk
(a) General description. The form of government of the City of Miami, Florida,PFev+ded#sF 6IRdef
this Chart all he LnewR s the "mayor cit,
nnmm ic.c inner plan," shall have a Strong
Mayor -Commission form of government. and-4The city commission shall consist of five
citizens, who are qualified voters of the city and who shall be elected from districts in the
manner hereinafter provided. The city commission shall constitute the governing body with
powers (as hereinafter provided) to pass ordinances adopt regulations and exercise all
powers conferred upon the city except as hereinafter provided. The mayor shall exercise all
powers conferred herein_ and shall appoint as PFOVided OR seGtiOR 4(g)(6) of this GhaFteF a
Ghief administFativeO#+eeF tn- -he kPAWNn as the " ' "
(b) Election of mayor and city commission; terms of office; recall. There shall be elected by the
qualified electors of the city at large a mayor who shall be a qualified elector residing within
the city at least one (1) year immediately before qualifying and must maintain a residence in
the city for the duration of his or her term. The mayor shall not serve as a member of the city
commission. The manor shall hold office for a term of 4 vears or until a successor shall be
duly qualified and take office.
The city commission shall consist of five members who shall be elected from districts within
the city, numbered 1 through 5. All persons desiring to run for the office of city commissioner
shall file in the district, numbered 1 through 5, for which they are qualified as provided in
subsection (c) of this section of the Charter. City commissioners in districts numbered 3 and
5 shall be elected at the general municipal election or runoff election to be held in the year
2001 and at the general municipal election or runoff election each four years thereafter. City
commissioners in districts numbered 1, 2, and 4 shall be elected at the general municipal
election or runoff election to be held in the year 2003 and at the general municipal election
or runoff election each four years thereafter.
The mayor and all city commissioners [are] to hold office from twelve o'clock noon five days
after the canvass of the vote by the supervisor of elections and the declaration of the result
of either 1) the general municipal election or 2) runoff election and until their successors are
elected and qualified. Commencing with the election to be held in November 2001, and all
elections subsequent thereto, no mayor or city commissioner elected and qualified for two
consecutive full terms shall be eligible for reelection in the next succeeding term. The Maye
and all other members of the Gity r. . . -hall be subjeGt tO Fersall. VaGandes shall be
filled as nre„iderd in seetien 12[.] of the Any member of the city commission may be recalled
from office by the electors of the district thev represent. The mavor may be recalled from
office by the electors of the City. The municipal recall procedures set forth in F.S. 100.361
shall be applied to both the member of the city commission and the mayor. Unless otherwise
stated in this Charter, vacancies in the office of the mavor and city commission shall be filled
as provided in Section 12 of this Charter.
If a candidate for office of mayor or city commissioner receives a majority of votes in the
general municipal election for that office, the candidate shall be considered elected upon and
after the canvass of the vote and the declaration of the result of the election as provided. If
no candidate receives a majority of the votes for that office, the two candidates for the
respective office who received the greatest number of votes for that office in the general
municipal election shall be placed on the ballot at the runoff election. The candidate receiving
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the greatest number of votes in the runoff election, shall be considered elected to the office
for which the candidate has qualified. The names of unopposed candidates for mayor or city
commissioner shall not appear on the runoff election ballot and a runoff election shall not
take place. Each unopposed candidate shall be deemed to have voted for himself or herself.
No votes cast in favor of any candidate who withdraws or becomes disqualified or deceased
prior to any election shall be counted. In the event that no candidate has qualified for mayor
or city commissioner, a vacancy shall be deemed to have occurred, and shall be filled as
Provided by the Charter of the City of Miami for the filling of a vacancy.
(c) Qualifications of mayor and city commission; mayor, city commissioners, and other officers
and employees not to be interested in contracts, etc.; franks, free tickets, passes or service.
Candidates for mayor shall be residents of the city for at least one (1) year immediately prior
to qualifying and shall be electors therein. Upon being elected, the mayor shall maintain
residence in the City for the duration of his or her term in office. Further, candidates for the
city commission shall have resided within the district at least one (1) year immediately before
qualifying and be electors in that district. Upon being elected, city commissions-,4Rd shall
maintain residence in that district for the duration of their term of office. The mayor, city
commissioners, and other officers and employees shall not be interested in the profits or
emoluments of any contract, job, work or service for the municipality. The mayor or any city
commissioner who shall cease to possess any of the qualifications herein required shall
forthwith forfeit his or her office, and any such contract in which any member is or may
become interested may be declared void by the city commission.
No mayor, city commissioner, or other officer or employee of said city shall accept any frank,
free ticket, pass or service directly or indirectly, from any person, firm or corporation upon
terms more favorable than are granted to the public generally. Any violation of the provisions
of this section shall be a misdemeanor. Such prohibition of free service shall not apply to
police or fire personnel in uniform or wearing their official badges, where same is provided
by ordinance.
(d) City commission to be judge of its own elections; neither mayor- the city commission nor
any committees nor members thereof to dictate appointments by or interfere with c*
n7anagerthe mayor. The city commission shall be the judge of the election and qualifications
of the mayor and its own members, subject to review by the courts Except where otherwise
Permitted by this Charter,. Nneither the FnayeF nef the city commission; nor any committees
nor members thereof shall direct, request, take part in or dictate the appointment or removal
of any person in office or employment by the mayor city manager or subordinates or in any
manner interfere with the mayor Gity Fnanagef or prevent the mayor Gity Managef from
exercising his/her own judgment in the appointment of officers and employees in the
administrative service. Except where otherwise prohibited by Ordinance, city commissioners
shall be permitted to communicate in writing and make written inquiries of the administrative
services for the purpose of transmitting constituent inquiries or assisting them in the exercise
of their powers as set forth in this Charter, and as may be necessary as provided in section
14. However, except as provided elsewhere in this Charter, neither the city commission, nor
any committees nor members thereof shall give orders to any subordinates of the mayor,
either publicly or privately. c^. the puFp„^e of ;.,quiF , and as mw be ReGeSSa Fy
privately. Any such dictation, prevention, orders or other
interference or violation of this section on the part of the FnayeF of a member of the city
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commission or committees shall be deemed to be violation of the Charter, and upon
conviction before a court of competent jurisdiction any individual so convicted shall be subject
to a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term of not
exceeding sixty days or both, and in the discretion of the court shall forfeit his or her office.
Any willful violation of the provisions to this section by any city commissioner
shall be grounds for his or her removal from office by an action brought in the Circuit Court
by the state attorney of this county.
(e) Appointments by mayor, €election of officers by city commission, rules of city commission;
quorum. The city commission shall elect a city clerk and a city attorney. No member of the
city commission or the mayor shall be chosen as eity Fnana@eFOFas a member of the civil
service board or appointed to any other city office or employment. The mayor shall not be a
member of the city commission. The city commission shall elect its chairperson and vice -
chairperson by a majority vote. Election of the chairperson and vice -chairperson shall not be
subject to a mayoral veto. The chairperson and vice -chairperson shall serve no more than
two consecutive two-year terms. The chairperson shall preside over city commission
meetings and perform such other duties set forth in the Charter and Ordinances of the City
of Miami. The chairperson shall control the city commission meeting agenda. The vice -
chairperson shall perform the duties of the chairperson in the absence or incapacity of the
chairperson. Any member may be selected by the city commission to preside over city
commission meetings in the event of the absence of the chairperson and the vice -
chairperson.
The chairperson of the city commission may organize the city commission into standing
committees, or special committees. Upon formation of any such committees, the city
commission may appoint its members or authorize the chairperson to appoint committee
members. Standing or special committees of the city commission shall mean those
comprised of the city commission members only. The city commission may determine its
own rules of procedure, may punish its own members for misconduct and may compel
attendance of members. A majority of all the members of the city commission shall constitute
a quorum to do business, but a smaller number may adjourn from time to time.
(f) Meetings of city commission; ordinance to be read by title only. At tNelve 9'GleGk
the day the FnayeF eF Gity Gemmissiene% take effiGe, they shall Fneet at the Gity hall.
T"e�fteit, tThe city commission shall meet at such time and place as may be prescribed by
ordinance or resolution. The meetings of the city commission and all sessions of committees
of the city commission shall be public. Ordinances shall be read by title only. No member
shall be excused from voting except as provided by law
(g) Powers and duties of mayor. The mayor shall serve as the chief executive and administrative
officer and head of the city government with the following spesi#is powers and duties:
(1) The mayor shall be responsible for the management of all administrative departments
of the City, for carrying out ordinances, resolutions, or other measures adopted by the
city commission, and seeing that all laws and ordinances are enforced. The mayor, or
such other persons who may be designated by the mayor, shall execute contracts and
other instruments, and sign bonds and other evidences of indebtedness. The mayor
shall serve as the head of the City for emergency management purposes.
tEk41 The mayor, or his or her designee, shall attend all meetings of the city commission
with the right to take part in the discussion but having no vote. The mayor shall also
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have the right to place items on the mayor's section agenda and recommend to the city
commission for adoption of such measures as may be necessary or expedient.The
(3) The mayor may appoint administrative aides to have such duties as he or she may
determine and to serve at his or her pleasure. The mayor's administrative aides shall be
excluded from the civil service provisions of the Charter and Ordinances of the City of
Miami.
(4) Unless otherwise provided by this Charter, the mayor shall have the power to appoint,
reprimand, and remove all department directors and all subordinate officers and
employees in the departments in both the classified and unclassified service of the
administrative departments of the City, except the agenda coordinator shall be appointed
by the city commission. The mayor's power to appoint, reprimand, and remove does not
extend to staff of the City Commission, City Attorney, City Clerk, Independent Auditor
General, or the Agenda Coordinator. All appointments shall be upon the merit and fitness
alone, and in the classified service, all appointments and removals shall be subject to
the civil service provisions of this Charter. Appointments of the department directors,
chief of police, and chief of fire division shall not become effective unless approved by a
3/5ths affirmative vote of those city commissioners then in office at the city commission's
next regularly scheduled meeting. Such vote shall be final and the mayor shall be
prohibited from reappointing the disapproved department director. The police chief and
fire chief shall be appointed by and subject to the supervision of the mayor. All
administrative functions not otherwise specifically assigned to others by this Charter shall
be performed under the supervision of the mayor. The mayor shall also have the right
to suspend, reprimand, remove, or discharge any administrative department director, the
police chief and the fire chief with or without cause. The mayor shall have the power to
appoint, reprimand and remove a chief operating officer, except that the city manager in
office at the time this provision takes effect shall serve as the initial chief operating officer.
Other than the initial chief operating officer, appointment of the chief operating officer
shall not become effective unless approved by a 3/5ths affirmative vote of those city
commissioners then in office at the city commission's next regularly scheduled meeting.
Such vote shall be final and the mayor shall be prohibited from reappointing the
disapproved chief operating officer. The mayor shall have the right to suspend,
reprimand, remove or discharge the chief operating officer with or without cause.
{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. Proclamations, including those giving the key to the city to any
individual, must be signed by the mayor, although city commissioners may also sign any
such proclamation, Commendations and salutes can be signed by the mayor, any
individual city commissioner, or any group constituting one or all of those elected officials.
(3) (6) 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)171 During the gny voluntary temporary absence 9F disability, the mayor shall appoint a
qualified member of the administration FnemheF of the ^ity oemmi sien to perform the
duties of the mayor. ueweyer in the event that the FnaYOF lees net or us unable to make
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{5} (8) 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.
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7) The mayor shall establish and appoint the members ef all 6tanding and 6peGial
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Getiee-There be as many standing ar��ee�—Ee +ttees f *—o,�he
City GGmmi`cinn shell mean these eemr.rised of eity eerrimissien members only.
9) The mayor shall, within ten days of takina office. desianate a member of the
administration to exercise all authority of the office of the mayor except for veto power,
in the event of a temporary vacancy in the office of the mayor.
(10) To keep the city commission fullv advised as to the financial condition and needs of the
(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 Gity maRager.
{ I The mayor shall prepare and deliver a budgetary address annually to the people of
the city between July 1 and September 30. SUGh report shall be prepared after
consultation with the eitY manager.
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(13) Perform such other duties as may be prescribed by this Charter or be required by the
mayor or ordinance or resolution of the city commission.
(14) The mayor is entitled to a designated attorney, who shall be an assistant city attorney
assigned by the City Attorney for such purposes.
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(15) All references to the city manager in the City Code of Ordinances shall be amended to
substitute the work "mayor."
(h) Vacancy in the Office of Mayor
(1) Permanent vacancy resulting from death, resignation, recall, court order or other lawful
action. If the office of the mayor becomes permanently vacant by reason of death,
resignation, recall or other lawful action, such vacancy shall be filled in accordance with
the provisions of Section 12 of this Charter.
(2) Temporary vacancy resulting from disability. If the office of the mayor becomes
temporarily vacant by reason of disability, the temporary vacancy shall be filled with the
member of the administration, designated by the mayor pursuant to Section 4(g)(9) of
this Charter. The designee shall exercise all authority of the office of mayor and shall
perform the duties and assume the responsibilities of that office, except for exercising a
mayoral veto. In the event that a temporary vacancy exceeds 60 days, the vacancy shall
be filled in accordance with the provisions of Section 12 of this charter.
If the elected mayor is returned to office, the mayor will automatically resume the duties
of the office of the mayor, for the balance of the term to which elected. Any individual
elected or appointed to the office of the mayor in the interim shall forfeit any right to the
office.The existence of a disability incapacitating the elected mayor from performing the
duties of the office shall be determined by an affirmative vote of at least 5 City
Commission members based upon competent, substantial medical evidence.
(3) Vacancy resulting from court order or other lawful action. If the office of the mayor
becomes vacant by reason of suspension, court order or other lawful action, the vacancy
shall be filled in accordance with the provisions of Section 12 of this charter. If the elected
mayor is subsequently returned to office, the mayor will automatically resume the duties
of the office of the mayor, for the balance of the term to which elected. Any individual
elected or appointed to the office of the mayor in the interim shall forfeit any right to the
office.
{ } Q 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, but shall not be less than $97,000.00 (ninetv-seven
thousand).
(j) Effective date of Strong Mayor -Commission form of government. Notwithstanding any
other provisions of this Charter, the Strong Mayor -Commission form of government will become
effective upon approval of the majority of the electors of the city voting at an election called for
the purpose of voting on the amendment.
Sec. 10. — City Organizational Chart.
(a) The city organizational chart, which is on file with the City Clerk, is hereby incorporated
into this Charter. The city organizational chart may only be amended by a 4/5 affirmative
vote of the city commission.
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Sec. 12. - Filling vacancies for mayor and commission.
(a) Except as provided for in Section 4(h) of this Charter, A -a vacancy on the city commission
or in the office of mayor caused by death, resignation, forfeiture, suspension, removal, or
other action or causes shall be filled within ten days after such vacancy occurs by a majority
of the remaining city commissioners. The person appointed must meet the qualifications of
the office as required in section 4 of this Charter. The term of office of the person so
appointed, except in the circumstances detailed in section (c) below, shall be until the
successor in office is elected and qualified at whichever of the following occurs first:
(1) the odd -year general municipal election for mayor and city commissioners held
pursuant to section 4 of the Charter, or
(2) the even -year State of Florida general election, at which election national, state and
county offices are filled,
The candidates for such election shall be qualified as provided in section 4 of this Charter
and the qualifying period and requirements for such election shall be as provided in section 7 of
this Charter. The person elected as provided in (a)(1) or (a)(2) of this Section shall serve for the
remainder of the unexpired term of that office.
(b) If the remaining city commissioners shall fail or refuse to fill such vacancy within ten days
after it occurs, as provided herein, the city commission shall call a special election to fill the
vacancy to be held at a date not less than thirty-eight or more than forty-five days after the
expiration of the ten-day period and the five day qualifying period. The qualifying period for
such special election shall be for the five days not including Saturday, Sunday or legal
holidays before the thirty-eighth day before the date of the election and the procedure for the
election not otherwise provided for in this section shall be as provided in section 7 of this
Charter. Except in the circumstances detailed in section (c), effective November 7, 2017, the
person who receives the greatest number of votes for the office in said special election is
elected to fill the vacancy for the remainder of the unexpired term of that office.
(c) If a vacancy in any elected office is caused by forfeiture, suspension, or removal, the
vacancy shall be filled in the same manner as described in sections (a) and (b) above,
provided that if the elected official who has so vacated his or her seat is later absolved of the
allegations of wrong -doing, that elected official shall be entitled to resume his or her elected
position for the remainder of the unexpired term, if any. The term of the individual who
assumed the position previously vacated by that elected official shall automatically terminate
upon the restoration to office of the original seat -holder.
(d) If the city commissioners shall fail to comply with their duties as set forth in this section,
then, and in that event, the court is hereby empowered and authorized to enforce compliance
with this act or to call an election itself to fill such vacancy or vacancies on the city commission
or in the office of mayor.
Sec. 14. - Commission may investigate official transactions, acts and conduct.
The mayor, city commission, or any committee thereof may investigate the financial
transactions of any office or department of the city government and the official acts and conduct
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of any city official, and by similar investigations may secure information upon any matter. In
conducting such investigations the mayor, city commission, or any committee thereof, may require
the attendance of witnesses and the production of books, papers and other evidence, and for that
purpose may issue subpoenas which shall be signed by the mayor, the presiding officer of the
city commission or the chair of such committee, as the case may be, which may be served and
executed by any police officer.
Secs. 15-17 — [Reserved.1
Se r16s—Gity FnanageF _Qualifications; .+ppoin+menti +eMm• salaryj sickness or absenne•
1'411 f
Sar• SaFRe Examination of affaiFS of depaFtmentsf ofFiweFS or employees
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Sec. 20. - Directors of departments.
The s+fy—manager mayor shall appoint a director for each department and, in the city
FnanageF's mayor's discretion, may consolidate two or more departments under one director. Each
such director shall serve until removed by the Gity managef mayor or until a successor has been
appointed and qualified, shall conduct the affairs of his or her department in accordance with rules
and regulations made by the Gity FnanageFmayor, shall be responsible for the conduct of the
officers and employees of his or her department, for the performance of its business, and for the
custody and preservation of the books, records, papers and property under its control, and,
subject to the supervision and control of the E+ty-manager mayor in all matters, shall manage the
department. None of the provisions of this section, however, shall be applicable to the department
of law, city clerk or office of independent auditor general. u
Sec. 21. - Department of law.
The city attorney shall be the director of the department of law and an attorney-at-law
admitted to the practice in the State of Florida. The city attorney shall be the legal advisor of and
attorney and counsel for the city, and for all officers and departments thereof in matters relating
to their official duties. The city attorney shall prosecute and defend all suits for and in behalf of
the city, and shall prepare all contracts, bonds and instruments in writing in which the city is
concerned and shall endorse on each approval of the form and correctness thereof.
The city attorney shall be the prosecuting attorney of the municipal court. The city attorney
shall have such number of assistants as the city commission by ordinance may authorize. The
city attorney shall prosecute all cases brought before such court and perform the same duties, so
far as they are applicable thereto, as are required of the prosecuting attorney of the county.
The city attorney shall assign one assistant city attorney to serve as the attorney for the
mayor.
When required to do so by the resolution of the city commission, the city attorney shall
prosecute or defend for and in behalf of the city all complaints, suits and controversies in which
the city is a party, and such other suits, matters and controversies as he shall, by resolution or
ordinance, be directed to prosecute or defend.
The mayor, city commission, the eity FnanageF the director of any department, or any officer
or board not included within a department, may require the opinion of the city attorney upon any
question of law involving their respective powers and duties.
The city attorney shall be a full-time governmental employee; shall not engage in the private
practice of law; and upon his or her election by the city commission shall serve until the time for
the election of the city officials specified in section 4 of the Charter which follows the next general
municipal election. However, the city attorney may be removed prior to the completion of his or
her term by a four-fifths vote of the city commission. The mayor shall have the ability to
recommend the removal of the city attorney to the city commission, which shall then have
discretion to act on that recommendation as the commission deems appropriate.
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Sec. 24. - Department of public safety.
The head of the department of public safety shall be known as the director of public safety
Subject to the supervision and control of the Gity manageF mayor in all matters, the head of
the department of public safety shall be the executive head of the division of police and fire. He
or she shall be the chief administrative authority in all matters pertaining to the erection,
maintenance, repair, removal, razing, occupancy and inspection of buildings under such
regulations as may be ordained by the city commission.
(a) Division of police. The police force shall be composed of a chief and such officers and
other employees as the mayor may determine. The chief of police shall
have the immediate direction and control of the police force, subject to the supervision
of the director of public safety, and to such rules, regulations and orders as the said
director may prescribe, and through the chief of police, the director of public safety shall
promulgate all orders, rules and regulations for the government of the police force. The
chief of police shall devote his or her entire time to the discharge of his or her official
duties and shall not be absent from the city except in the performance of his or her official
duties, unless granted a written leave of absence by the mayorGity FnanageF. His or her
office shall be kept open at all hours, day or night, and either the chief of police or a
subordinate shall be in constant attendance. In case of the disability of the chief of police
by reason of sickness, absence from the city or other cause, the director of public safety
shall designate one of the captains or lieutenants of police to act as chief of police during
such disability, and the officer so designated shall serve without additional
compensation. The members of the police force, other than the chief, shall be selected
from the list of eligibles prepared by the civil service board, and in accordance with such
rules as the said board may prescribe; provided, that in case of riot or emergency, the
director of public safety may appoint additional patrolmen and officers for temporary
service, who need not be in the classified service. Each member of the police force, both
rank and file, shall have receive a warrant of appointment signed by the mayor city
def, in which the date of the appointment shall be stated, and such shall be that
member's commission.
No person, except as otherwise provided by general law or this Charter, shall act as
special police or special detective except upon written authority from the director of public
safety. Such authority, when conferred, shall be exercised only under the direction and
control of the chief of police and for a time specified in the appointment.
The members of the police force of said city shall be invested with all the power and
authority necessary for enforcing the ordinances of said city.
The chief of police or any police officer of the City of Miami, may arrest without warrant,
any person violating any of the ordinances of the city committed in the presence of such
officer, and when knowledge of the violation of any ordinance of said city shall come to
the said chief of police or police officer, not committed in his or her presence, he or she
shall make affidavit before the judge or clerk of municipal court against the person
charged with such violation, whereupon, said judge or clerk shall issue a warrant for the
arrest of such person.
(b) Division of fire. The fire force shall be composed of a chief and such other officers, firemen
and employees as the maYO Gity manager may determine. The fire chief shall have
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immediate direction and control of the said department, subject to the supervision of the
director of public safety and to such rules, regulations and orders as the said director may
prescribe and through the fire chief the director of public safety shall promulgate all orders,
rules and regulations for the government of the fire department.
The members of the fire department, other than the chief, shall be appointed from the
list of eligibles prepared by the civil service board and in accordance with such rules and
regulations as may be prescribed by said board; provided, that in case of riot,
conflagration or emergency, the director of public safety may appoint additional firemen
and officers for temporary service who need not be in the classified service.
The chief of the fire department and his or her assistants are authorized to exercise the
powers of police officers while going to, attending or returning from any fire or alarm of
fire. The fire chief and each of his or her assistants shall have issued to him or her a
warrant of appointment signed by the manor Gity FnanegeF, in which the date of his or her
appointment shall be stated, and such warrant shall be his or her commission.
Whenever any building in said city shall be on fire, it shall be lawful for the chief of the
fire department to order and direct such building or any other building which he or she
may deem hazardous and likely to communicate fire to other buildings, or any part of
such buildings, to be pulled down or destroyed and no action shall be maintained against
said chief or any person acting under his or her authority therefor.
Sec. 25. - Supervision in divisions of police and fire.
The chief of police and fire chief shall have the right and power to suspend any of the officers
and employees in their respective division who may be under their management and control for
incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by proper
authority, or for any other just and reasonable cause. If any officer or employee be suspended as
herein provided, the chief of the division concerned shall forthwith in writing certify the fact
together with the cause of suspension, to the director of public safety, who shall render judgment
thereon, which judgment, if the charge be sustained, may be a reprimand, fine, suspension,
reduction in rank or dismissal.
The director of public safety in any investigation shall have the power to administer oaths and
secure the attendance of witnesses and the production of books and papers.
The employee shall be allowed the same appeal procedure as set forth in section 36(f) of the
Charter_, PFGVided, heweveF,
aFe held by the sarne peFSOR, the Gity manager direGtE)F of publiG safety, befeFe passing UPE)R the
manageF doFeGtGF of publiG safety theR shall pass judgment upon the peFsen 6U6Pe-R-1--1' -1`1—
Gensiderinn the findings and reoommenrdatien of the nivil seFVine heaFd
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Submitted into the public
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Sec. 27. - Finance, department of finance. on b City Clerk
(a) Department director. Subject to the supervision and control of the mayor e+t-y Manager, the
director of finance shall have charge of the department of finance and shall administer the
financial affairs of the city, including the keeping and supervision of all accounts, the levy,
assessment and collection of revenues, the making and collection of special assessments,
the custody and disbursement of city funds and monies, the control over expenditures, and
such other duties as the mayor Gity Frianagef may direct.
(b) Form and manner of keeping accounts and making reports. Accounts shall be kept by the
department of finance showing the financial transactions of all departments and offices of the
city. The forms of all such accounts and the financial reports rendered to or by the department
of finance shall be prescribed by the director of finance with the approval of the mayor coy
Huger. The accounts and accounting procedure of the city shall be consistent with the
pronouncements of the Governmental Accounting Standards Board and accounting
principles as generally accepted in the United States.
Sec. 29-A. - Contracts for, unified development projects, and real property; safeguards.
(a) Unified development projects. A unified development project shall mean a project where an
interest in real property is owned or is to be acquired by the city, is to be used for the
development of improvements, and as to which the city commission determines that for the
development of said improvements it is most advantageous to the city to procure from a
private person, as defined in the Code of the City of Miami, one or more of the following
integrated packages:
(1) planning and design, construction, and leasing; or
(2) planning and design, leasing, and management; or
(3) planning and design, construction, and management; or
(4) planning and design, construction, leasing, and management.
So long as the person from whom the city procures one of the above-mentioned integrated
packages provides all of the functions listed for that package, such person need not provide
each listed function for the entire unified development project nor for the same part of the
unified development project.
As many members of the public having expertise in the field of real estate development or in
other relevant technical areas or who reside within the vicinity of a proposed unified
development project site as deemed appropriate by the mayorGity FnanageF shall be invited
by the maVO Gity Fnanagef to provide input during the preparation of documents for
competitive processes of the unified development project.
If deemed appropriate by the mayo city manageF, the unified development project process
shall include a request for qualifications process prior to the issuance of a request for
proposals. Qualifications shall be evaluated by the manorGity manager or designee(s) and
only those deemed qualified in accordance with the specified evaluation criteria shall be
invited to participate in the subsequent request for proposal process for said unified
development project.
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Requests for proposals for unified development projects shall generally define the nature of
the uses the city is seeking for the unified development project and the estimated allocations
of land for each use. They shall also state the following:
(1) the specific parcel of land contemplated to be used or the geographic area the city
desires to develop pursuant to the unified development project;
(2) the specific evaluation criteria to be used by the below -mentioned certified public
accounting firm;
(3) the specific evaluation criteria to be used by the below -mentioned review committee;
(4) the extent of the city's proposed commitment of funds, property, and services;
(5) the definitions of the terms "substantial increase" and "material alteration" that will apply
to the project pursuant to subsection (e)(4) hereof; and
(6) a reservation of the right to reject all proposals and of the right of termination referred
to in subsection (e)(4), below.
After public notice there shall be a public hearing at which the commission shall consider:
(1) the contents of the request for proposals for the subject unified development project;
(2) the selection of a certified public accounting firm, which shall include at least one
member with previous experience in the type of development in question; and
(3) the recommendations of the mayo Gity manageF for the appointment of persons to
serve on the review committee. Said review committee shall consist of an appropriate
number of city officials or employees and an equal number plus one of members of the
public, whose names shall be submitted by the mayorGity FnanageF no fewer than five
days prior to the above-mentioned public hearing.
At the conclusion of the public hearing the city commission shall authorize the issuance of a
request for proposals, select a certified public accounting firm, and appoint the members of the
review committee only from among the persons recommended by the mayor e-ify FnanageF.
The procedure for the selection of an integrated package proposals shall be as follows:
(1) all proposals shall be analyzed by a certified public accounting firm appointed by the
commission based only on the evaluation criteria applicable to said certified public
accounting firm contained in the request for proposals. Said certified public accounting
firm shall render a written report of its findings to the mayorGity ManageF.
(2) the review committee shall evaluate each proposal based only on the evaluation criteria
applicable to said review committee contained in the request for proposals. Said review
committee shall render a written report to the mayor meager of its evaluation of
each proposal, including any minority opinions.
(3) taking into consideration the findings of the aforementioned certified public accounting
firm and the evaluations of the aforementioned review committee, the mayor city
manage f shall recommend one or more of the proposals for acceptance by the city
commission, or alternatively, the manorGity FnanageF may recommend that all proposals
be rejected. If there are three or more proposals and the mayor sity macagef
recommends only one, or if the ma O Gity Fnanagef recommends rejection of all
proposals, the mayor Gity FnanageF shall state in writing the reasons for such
recommendation.
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I City Clerk
In transmitting his or her recommendation or recommendations to the commission, the
mayor Gity manager shall include the written reports, including any minority opinions,
rendered to by the aforementioned certified accounting firm and review committee.
(4) all contracts for unified development projects shall be awarded to the person whose
proposal is most advantageous to the city, as determined by the city commission.
The commission may accept any recommendation of the manor by an
affirmative vote of a majority of its members. In the event the commission does not accept a
proposal recommended by the maVO Gity maRagef or does not reject all proposals, the
commission shall seek recommendations directly from the aforementioned review committee,
which shall make a recommendation or recommendations to the commission taking into account
the report of the aforementioned certified public accounting firm and the evaluation criteria
specified for the review committee in the request for proposals.
After receiving the direct recommendations of the review committee, the commission shall,
by an affirmative vote of a majority of its members:
(1) accept any recommendation of the review committee; or
(2) accept any previous recommendation of the mayor citagef; or
(3) reject all proposals.
All contracts for unified development projects shall be signed by the maVO Gity ManageF or
designee after approval thereof by the commission. The mayor Gity Managef or designee shall be
responsible for developing a minority procurement program as may be prescribed by ordinance
and permitted by law in conjunction with the award of contracts for unified development projects.
The provisions of this charter section shall supersede any other charter or code provision to the
contrary.
(b) Sales and leases of real property; prohibition. Except as otherwise provided in this section,
there shall be no sale, conveyance, or disposition of any interest, including any leasehold, in
real property owned by the city, the department of off-street parking, or the downtown
development authority, unless there has been prior public notice and a prior opportunity given
to the public to compete for said real property or interest. Any such sale, conveyance, or
disposition shall be conditioned upon compliance with: the provisions of this section; such
procurement methods as may be prescribed by ordinance; and any restrictions that may be
imposed by the city, the department of off-street parking, or the downtown development
authority, as appropriate. Further, no right, title, or interest shall vest in the transferee of such
property unless the sale, conveyance, or disposition is made to the highest responsible
bidder, as is determined by the city commission, or the off-street parking board, or the
downtown development authority board of directors. The city commission or the off-street
parking board or the downtown development authority board of directors, as appropriate, may
by resolution waive the requirement of sale, conveyance, or disposition to the highest
responsible bidder by means of the following procedure: the mayorGity rnanageF, the director
of the off-street parking authority, or the director of the downtown development authority, as
appropriate, must make a written finding that a valid emergency exists, which finding must
be ratified by an affirmative vote of two-thirds of the city commission after a properly
advertised public hearing. When the requirement of sale, conveyance, or disposition to the
highest responsible bidder is waived, other procurement methods as may be prescribed by
ordinance shall be followed. The city or the department of off-street parking or the downtown
development authority shall have the power to reject all offers. All invitations for bids, requests
for proposals, or other solicitations shall contain a reservation of the foregoing right to reject
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all offers. This section shall not apply to transfers to the United States or any department or
agency thereof, to the State of Florida, or to any political subdivision or agency thereof.
(c) Safeguards.
(1) All persons contracting with the city under this section shall be required to certify their
compliance with the antitrust laws of the United States and of the State of Florida and to
hold harmless, defend, and indemnify the city for any noncompliance by said persons
with the above laws.
(2) All persons contracting with the city under this section shall be obligated to pay
whichever is the greater of the following: (i) all applicable ad valorem taxes that are
lawfully assessed against the property involved or (ii) an amount to be paid to the city
equal to what the ad valorem taxes would be if the property were privately owned and
used for a profit-making purpose. Such taxes shall not be credited against any revenues
accruing to the city under any contract that may be awarded under this section.
(3) Any proposal by a potential bidder or contractor that contemplates more than the
estimated extent of the city's proposed commitment of funds, property, or services shall
be ineligible for acceptance by the city commission.
(4) Any substantial increase in the city's commitment of funds, property, or services, or any
material alteration of any contract awarded under subsection (c) of this section shall
entitle the city commission to terminate the contract after a public hearing. Prior to such
public hearing, the city commission shall seek and obtain a report from the mayorGAY
maRage and from the review committee that evaluated the proposals for the project,
concerning the advisability of exercising that right.
Sec. 36. - Civil service.
(a) Creation of board; appointment; terms of office; vacancies; rules and regulations. A civil
service board of the city is hereby created and established. There shall be five members
constituting the said civil service board. Three shall be appointed by the city commission, and
two shall be elected by the employees of the city with civil service status, from said employees
with such civil service status. The two so elected shall become members of the board when
confirmed by the city commission. All members of the said civil service board shall serve for
two years, and they shall take office as soon as appointed and qualified. The city commission
may remove any member of the board for cause, upon stating in writing the reasons for the
removal, after allowing him or her to be heard by the city commission in his or her own
defense. Any vacancy shall be filled by the city commission for the unexpired term. The mayor
sage+ shall be authorized to prescribe the rules, regulations, and procedure for the
holding of election for the purpose of electing the two members of the civil service board by
the city employees with civil service status.
(b) Chairperson; examiner; subordinates. Immediately after appointment, the board shall
organize by electing one of its members chairperson. The board shall appoint a chief
examiner who shall be a member of the board and who shall also act as secretary. The board
may appoint such other subordinates as may by appropriation be provided for.
(c) Unclassified and classified service. The civil service of the city is hereby divided into the
unclassified and the classified service.
(1) The unclassified service shall include
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(A) The mayorGity manageF, his or her assistants, and secretarial staff;
(B) The city commissioners, their assistants and secretarial staff;
4�)LQ The heads of departments, members of appointive boards, judges of the city
court, the city clerk, chief of police, chief of fire division, and the superintendent of
communications division;
(G) (D) Assistants to department heads:
Assistant chiefs of the police division;
All ranks in the police division above the classified position of police captain;
Assistant chiefs of the fire division;
Chief of fire prevention;
Director of training in the fire division;
Battalion chiefs;
Chief of fire rescue;
Assistant to the superintendent of the division of communications;
Net administrators
Dire GtGF of G0FFeGti0nS
(D) (E) All attorneys employed by the city. The city attorney shall be the supervisor of
all attorneys employed by the city. The city attorney shall have exclusive authority
regarding, but not limited to appointment, removal and salary as to assistant city
attorneys. The foregoing provisions of subsection (D)LELshall not apply to those
attorneys in the classified service of the city on November 1, 1972.
Attorneys with permanent civil service rights appointed by the city attorney to any
applicable unclassified position above, shall retain civil service rights in the position
from which selected as may have accrued.
(€) All employees employed by the City and working within the Office of the
Independent Auditor General.
Personnel with permanent civil service rights appointed by the mayor saty MaRageF to
unclassified positions shall retain said civil [service] rights in the position from which
selected as may have accrued.
(2) The classified services shall include all positions not specifically included by this Charter
in the unclassified service. There shall be in the classified service three classes, to be
known as the competitive class, noncompetitive class, and labor class.
(A) The competitive class shall include all positions and employment for which it is
practicable to determine the merit and fitness of applicants by competitive
examinations.
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(B) The noncompetitive class shall consist of all positions requiring peculiar and
exceptional qualifications of a scientific, city managerial, professional, or educational
character, as may be determined by the rules of the board.
(C) The labor class shall include ordinary unskilled labor.
(d) Rules; examinations; eligible lists; certification of vacancies. Subject to the approval of the
city commission, the board shall adopt, amend, and enforce a code of rules and regulations
which shall have the force and effect of law providing for appointment and employment in all
positions in the classified service, based on merit, efficiency, character, and industry; shall
make investigations concerning the enforcement and effect of this article and of the rules
adopted; and shall make an annual report to the city commission. The chief examiner shall
provide examinations in accordance with regulations of the board and maintain lists of
eligibles of each class of the services of those meeting the requirements of said regulations.
Positions in the classified service shall be filled from such eligible lists upon requisition from
and after consultation with the mayor Gity manageF. When positions are filled, the employment
officer shall so certify, by proper and prescribed form, to the director of finance and to the
director of the department in which the vacancy exists.
(e) Promotion. The board shall provide uniform rules for promotion to all positions in the
classified service.
(f) Power of suspension, removal, fine, or demotion.
(1) Any officer or employee in the classified service may be removed, suspended, fined,
laid off, or demoted by the mayor meager or by the head of the department in which
such person is employed, for any cause which will promote the efficiency of the service;
but such person must be furnished with a written statement of the reasons therefor within
five days from the date of the removal, suspension, fine, layoff, or demotion, and be
allowed a reasonable time for answering such reasons in writing, which answer shall be
made a part of the records of the board, with the suspension to take effect as of the date
that such written statement is furnished. No trial or examination of witnesses shall be
required except in the discretion of the ma o Gity FnaRagef or the head of the
department. Any employee in the classified service who deems that he or she has been
suspended, removed, fined, laid off, or demoted without just cause may, within 15 days
of such action, request in writing a hearing before the civil service board to determine
the reasonableness of the action. The board shall, within 30 days after appeal of the
employee disciplined, proceed to hear such appeal. After hearing and considering the
evidence for and against the employee, the board shall report in writing to the mayorOfty
maeager its findings and recommendations. The mayor eity ^ aRage ' shall then sustain,
reverse, or modify the action of the department director. Any member of the civil service
board and the director of personnel may administer an oath to witnesses appearing
before said board or before said director in an investigation, disciplinary or appeal
proceedings, and they shall have the power to issue witness subpoenas and to compel
the attendance of witnesses.
(2) The civil service board shall also have the right to remove or demote any official or
employee in the classified service upon written charges of misconduct made by any
citizen, but only after reasonable notice to the officer or employee and after a full hearing.
It shall also be the duty of the board to fix a minimum standard of conduct and efficiency
for each grade in the service. Whenever it appears from the reports of efficiency made
to said board for a period of six months that the conduct or efficiency of any employee
has fallen below such minimum standard, that employee shall be called before the board
to show cause why he or she should not be disciplined. If upon hearing no reason is
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shown satisfactory to the board, the employee shall be removed, suspended, or
demoted, as the board may determine.
(g) Present employees. All persons in the employ of the city holding positions in the classified
service, as established by this Charter, at the time it takes effect, shall, unless their position
is abolished, retain same until discharged, demoted, promoted, or transferred, in accordance
herewith.
(h) Certificate of board on payroll account necessary before payment of classified service
member. The treasurer or other public disbursing officer shall not pay any salary or
compensation for service to any person holding a position in the classified service unless the
payroll or account for such salary or compensation bears the certificate of the board, by its
secretary, that the persons named therein have been appointed or employed and are
performing service in accordance with the provisions of this Charter and of the rules
established thereunder.
(i) Investigations and hearings. In any investigation conducted by the board, it shall have the
power to subpoena and require the attendance of witnesses and the production thereby of
books and papers pertinent to the investigation and to administer oaths to such witnesses.
(j) No discrimination in classified service. No person in the classified service or seeking
admission thereto shall be appointed, demoted, removed, or in any way favored or
discriminated against because of political opinions or affiliations. No person holding a position
in the classified service shall take part in political management or affairs or in political
campaigns during city working hours or with personal property belonging to the city.
(k) Penalties. The civil service board, subject to the approval of the city commission, shall
determine the penalties for the violation of the civil service provisions of this Charter.
(1) Salaries of board and employees. The salaries of the civil service board and its employees
shall be determined by the city commission, and a sufficient sum shall be appropriated each
year to carry out the civil service provisions of this Charter.
Sec. 46. — Procurement.
(a) Contracts entered into on emergency basis, retroactive ratification of city commission
required. Any contract entered into on an emergency basis under the current City of Miami
procurement code that would otherwise require city commission approval if not entered
into on an emeraencv basis. shall be ratified by the city commission at the next city
commission meetin
Sec. 51. - Civilian investigative panel.
The city commission shall, by ordinance, create and establish a civilian investigative panel to
act as independent citizens' oversight of the sworn police department, to be:
(A) Composed of: (i) twelve (12) civilian members who shall be nominated by the civilian
investigative panel and approved by the city commission and (ii) a thirteenth (13th)
member who shall be an appointee of the Chief of Police who is not a City of Miami
Police Officer;
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(B) Staffed with professional personnel, including but not limited to: (i) an executive director
who shall serve as chief executive officer and (ii) an independent legal counsel who is
an experienced and competent member of the Florida Bar with at least seven years
membership in the Florida Bar and is generally knowledgeable in municipal law, both of
whom shall be appointed by and subject to removal by the panel with the approval of the
City Commission;
(C) Operated on an annual budget established by the City Commission, by ordinance, that
will allow the panel to maintain its independence and perform its Charter mandated
functions, with sufficient professional staff, while taking into account the mayor's City
Manager's declaration of a fiscal emergency, a financial urgency, or financial emergency
in the City;
(D) Authorized by vote of the CIP and in "consultation" with the state attorney of Miami -
Dade County, to issue subpoenas for allegations which are criminal in nature, provided
that the CIP may not confer immunity and must advise all city employees appearing
before it that no adverse employment consequences will result from the valid exercise
of their right to be free from self-incrimination, and, further, that no actions of the CIP
may interfere with any pending or potential criminal investigation or prosecution; and
(E) Authorized to:
(1) Conduct independent investigations of allegations of police misconduct and police
uses of force resulting in death or great bodily harm to a person;
(2) Conduct independent investigations of other matters pertaining to repeated issues
of conduct by City of Miami Police Officers;
(3) Review police department policies and practices; and
(4) Make written requests and recommendations regarding the CIP's reviews and
investigations to the mayor Gity managw and the police chief, to which the Police
shall issue a written response within forty-five (45) days.
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Mayor
City Commission and
Mayor
Chief peOrating
Downtown Development
Bayfront Park Management Civil Service Board
OOicer
CITY COMMISSION
Officers Retirement Trust
Chairman
General Employees and Virginia Vir Ke Beach Park
Sanitation Employees g
Authority
Vice-Chauman
Trust
Retirement Trust
Deputy Chief
Liberty City Trust Miami Parking Authonly
Midtown CRA
Operating Officer
Wynwood BID Civilian Invest;:
Commissioner
District i
Coconut Grove BID
Park West CRA
Commissioner
Assstant Chief Operating Officer
Assistant Chief Operating Officer
Assistant Chef Operating Officer
District 2
Chief of Operations
Chief Financial Officer
Chief of Infrastructure
Commissioner
_
District 3
Real Estate and Asset
Management and Budget
Plannmg
Management
Commissioner
District 4
Commissioner
Neighborhood
District 5
Enhancement Team
Fnance
Zoning
g
Veterans Affairs and
Grants Administration
Building
Homeless Services
Code Compliance
Procurement
Resilience anc
Sustainability
Agenda Coordinator
City Clerk
Information Technology
Risk Managementand
Solid Waste
CommDevelopmenf unity no�i
-;apral Improvements
City Attorney
Independent
Film and Entertainment
General Services
AdministrationAuditor
General
Parks and Recreation
City Commission and
Mayor
Downtown Development
Bayfront Park Management Civil Service Board
Authority
Fire Fighters and Police Trust
Officers Retirement Trust
typh Sports and C
General Employees and Virginia Vir Ke Beach Park
Sanitation Employees g
Authority
Trust
Retirement Trust
OMNI CRA
Liberty City Trust Miami Parking Authonly
Midtown CRA
Wynwood BID Civilian Invest;:
Southeast Overtown
Coconut Grove BID
Park West CRA
Police
Fire -Rescue
Commumcabons