2009-27152 Calling for a Special Election to be Held on November 3, 2009RESOLUTION NO. 2009-27152
A RESOLUTION CALLING FOR A NOVEMBER 3, 2009
SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A
QUESTION ASKING WHETHER THE MIAMI BEACH CITY
CHARTER SHOULD BE AMENDED TO INCLUDE WITHIN IT'S
CITIZEN'S BILL OF RIGHTS A GUARANTEE THAT ALL CITY
OFFICIALS AND EMPLOYEES ABIDE BY (BEING SUBJECT
TO PENALTIES PROVIDED FOR THEREIN) ALL APPLICABLE
CODES OF ETHICAL CONDUCT IN OBSERVING IN THEIR
OFFICIAL ACTS A HIGH STANDARD OF CONDUCT AND IN
DISCHARGING FAITHFULLY THE DUTIES OF THEIR OFFICE
REGARDLESS OF PERSONAL CONSIDERATIONS AND
INTEREST.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH:
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida and the
yeneral laws of the State of Florida, a Special Election is hereby called and directed to be held in
the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 3, 2009, for
the purpose of submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the said
Special Election hereby called, with acceptance of the certification of the results of said Special
Election to be performed by the City Commission. The official returns for each precinct shall be
furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have
been tabulated.
SECTION 3.
That the said voting precincts in the City of said Special Election shall be as established by
the proper and appropriate Miami-Dade County Election Officials. All electors shall vole at the
polling places and the voting precincts in which the official registration books show that the said
electors reside.
SECTION 4.
Registration of persons desiring to vote in the Special Election shall be in accordance with
the general law of the State of Florida governing voter registration. Qualified persons may obtain
registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive,
First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter
registration centers and during such times as may be provided by the Supervisor of Elections of
Miami-Dade County. Each person desiring to become a registered voter shall be responsible for
properly filling out the registration form and returning it to the Miami-Dade County Elections Office.
All questions concerning voter registration should be directed to the Miami-Dade County Elections
Office, 111 Northwest 1st Street, Suite 112, Miami, Florida 33130; Mailing Address: P.O. Box
521550, Doral, Florida 33152-1550; Telephone: (305)375-5553.
SECTION 5.
Not less than thirty days' notice of said Special Election shall be given by publication in a
newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication
shall be made in accordance with the provisions of §100.342, Florida Statutes, and Section 38-3 of
the Code of the City of Miami Beach.
SECTION 6.
The notice of election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE
MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL
BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE 3FD DAY OF
NOVEMBER, 2009, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE
FOLLOWING QUESTION:
SHALL THE MIAMI BEACH CITY CHARTER BE AMENDED TO INCLUDE
WITHIN IT'S CITIZEN'S BILL OF RIGHTS A GUARANTEE THAT ALL CITY
OFFICIALS AND EMPLOYEES SHALL ABIDE BY (BEING SUBJECT TO
PENALTIES PROVIDED FOR THEREIN) ALL APPLICABLE CODES OF
ETHICAL CONDUCT IN OBSERVING IN THEIR OFFICIAL ACTS A HIGH
STANDARD OF CONDUCT AND IN DISCHARGING FAITHFULLY THE DUTIES
OF THEIR OFFICE REGARDLESS OF PERSONAL CONSIDERATIONS AND
INTEREST?
YES
NO
SECTION 7.
That the official ballot to be used in the Special Election to be held on November 3, 2009, hereby
called, shall be in substantially the following form, to-wit:
"OFFICIAL BALLOT"
SHALL THE MIAMI BEACH CITY CHARTER BE AMENDED TO INCLUDE
WITHIN IT'S CITIZEN'S BILL OF RIGHTS A GUARANTEE THAT ALL CITY
OFFICIALS AND EMPLOYEES SHALL ABIDE BY (BEING SUBJECT TO
PENALTIES PROVIDED FOR THEREIN) ALL APPLICABLE CODES OF
ETHICAL CONDUCT IN OBSERVING IN THEIR OFFICIAL ACTS A HIGH
STANDARD OF CONDUCT AND IN DISCHARGING FAITHFULLY THE
DUTIES OF THEIR OFFICE REGARDLESS OF PERSONAL
CONSIDERATIONS AND INTEREST?
YES
NO
SECTION 8.
That the absentee voters participating in said Special Election shall be entitled to cast their
ballots in accordance with the provisions of the Laws of the State of Florida with respect to
absentee voting.
SECTION 9.
That the City of Miami Beach shall pay all expenses for conducting this Special Election and
will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or
statement approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 10.
If any section, sentence, clause or phrase of the proposed ballot measure is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in noway
affect the validity of the remaining portions of said ballot measure.
R7A - 7/22/09
2009-27152
SECTION 11.
This resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 22nd day of July' :2009.
ATTEST:
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ROBERT PARCHER
CITY CLERK
(Requested by Vice-Mayor Victor M. Diaz)
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IHERRE BO ER
MAYOR
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F^.atlo'•OLIJ'~ELECTION'~.RESC••C.CR -Ethics in Gov - D.az.doc
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OFFICE O'r THE CITY ATTORNEY
LOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR MATTI HERRERA BOWER,
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE M. GONZALEZ
FROM: /~ JOSE SMITH c~ n
hs-/CITY ATTOR E `' "iSV
DATE: ))) July 22, 2009
SUBJECT: A RESOLUTION CALLING FOR A NOVEMBER 3, 2009
SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A
QUESTION ASKING WHETHER THE MIAMI BEACH CITY
CHARTER SHOULD BE AMENDED TO INCLUDE WITHIN
IT'S CITIZEN'S BILL OF RIGHTS A GUARANTEE THAT ALL
CITY OFFICIALS AND EMPLOYEES ABIDE BY (BEING
SUBJECT TO PENALTIES PROVIDED FOR THEREIN) ALL
APPLICABLE CODES OF ETHICAL CONDUCT IN
OBSERVING IN THEIR OFFICIAL ACTS A HIGH STANDARD
OF CONDUCT AND IN DISCHARGING FAITHFULLY THE
DUTIES OF THEIR OFFICE REGARDLESS OF PERSONAL
CONSIDERATIONS AND INTEREST.
Pursuant to the request of Vice-Mayor Victor M. Diaz, the attached Resolution has been
drafted calling for a November 3, 2009 Special Election to consider the following ballot question
amending the Citizen's Bill of Rights within the Miami Beach City Charter:
SHALL THE MIAMI BEACH CITY CHARTER BE AMENDED TO INCLUDE
WITHIN IT'S CITIZEN'S BILL OF RIGHTS A GUARANTEE THAT ALL CITY
OFFICIALS AND EMPLOYEES SHALL ABIDE BY (BEING SUBJECT TO
PENALTIES PROVIDED FOR THEREIN) ALL APPLICABLE CODES OF
ETHICAL CONDUCT IN OBSERVING IN THEIR OFFICIAL ACTS A HIGH
STANDARD OF CONDUCT AND IN DISCHARGING FAITHFULLY THE
DUTIES OF THEIR OFFICE REGARDLESS OF PERSONAL
CONSIDERATIONS AND INTEREST?
The attached Resolution is in proper form and is thus ready for the City Commission's review.
Agenda Item ~7 6''t
Date -z2-O~
F '~.auo'~.OLIJiELECTION''.RESO'~.CMEMO',e;oics!rgov09.tloc
PROPOSED BALLOT QUESTION AND TEXT -
NOVEMBER 3, 2009 SPECIAL ELECTION
PROPOSED BALLOT QUESTION:
ETHICS IN GOVERNMENT
SHALL THE MIAMI BEACH CITY CHARTER BE AMENDED TO INCLUDE
WITHIN IT'S CITIZEN'S BILL OF RIGHTS A GUARANTEE THAT ALL CITY
OFFICIALS AND EMPLOYEES SHALL ABIDE BY (BEING SUBJECT TO
PENALTIES PROVIDED FOR THEREIN) ALL APPLICABLE CODES OF
ETHICAL CONDUCT IN OBSERVING IN THEIR OFFICIAL ACTS A HIGH
STANDARD OF CONDUCT AND IN DISCHARGING FAITHFULLY THE DUTIES
OF THEIR OFFICE REGARDLESS OF PERSONAL CONSIDERATIONS AND
INTEREST?
YES
NO
II. PROPOSED CHARTER TEXT:
Miami Beach City Charter, Bill of Rights:
18 Ethics rn Government The public's confidence and trust in City of Miami Beach operations
and government must meet the most demanding ethical standards and demonstrate the highest
level of achievement in its adherence to ethics laws City of Miami Beach officials and
em I~ovees are agents of the people and hold their positions for the benefit of the public--as
public servants they are to observe in their official acts a high standard of conduct and to
discharge faithfully fhe duties of their office regardless of personal considerations and interests
recognizing that promoting the public interest and maintaining the respect of [he people in their
government must be of foremost concern. In upholding the values of accountability and
responsibility, all city officials and employees shall abide by applicable codes of ethical conduct,
and be subject to all penalties provided for in such regulations.
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