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2009-27152 ResoRESOLUTION 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: ~~ 1 I,S ,1.4 , ' ~ C~`~' ROBERT PARCHER CITY CLERK (Requested by Vice-Mayor Victor M. Diaz) i / / IHERRE BO ER MAYOR A.~F'ROV~~ AS !~^ Fl1FJV; P~ l.Al~d~G~,4GE ~ F4i!2 ~CL''flOTd ~;y qr> ~';/ iLE ~ F^.atlo'•OLIJ'~ELECTION'~.RESC••C.CR -Ethics in Gov - D.az.doc m- ~IAMIBI 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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