LTC 422-2015 Commissioner Edward L. Tobin's Resignation MIAMI BEACH
OFFICE OF THE CITY MANAGER
LTC No. 422-2015 LETTER TO COMMISSION
TO: Mayor Philip Levine and Members f the City mmission
FROM: Jimmy L. Morales, City Manager
DATE: October 29, 2015
SUBJECT: COMMISSIONER EDWARD L. TOBI 'S RESIGNATION
This LTC is to inform you that on October 28, 2015 Commissioner Ed Tobin submitted
his official resignation to the Office of the City Clerk, with such resignation to be effective
Thursday, October 29, 2015 at 5:00 p.m.
1 Pursuant to Sec. 2.07 of the City Charter, entitled, "Vacancies in City Commission,"
"Any vacancy occurring in the City Commission shall be filled by the vote of the majority
of the remaining members of said City Commission with the appointee serving the
remainder of the unexpired term until the next succeeding general City election and with
any further remainder of said unexpired term to be filled by a Commissioner elected at
said general election; if the remaining members of the City Commission shall fail or
refuse to fill such vacancy within 30 days after it occurs and if no general City election
will be held within 90 days after the expiration of said 30 days, then a special election
shall be called and held to elect a Commissioner to fill such vacancy for the remainder of
the unexpired term."
The Miami Beach General and Special Elections will be held on November 3, 2015 (only
five days after the effective date of Commissioner Tobin's official resignation).
Accordingly, although Commissioner Tobin's resignation has created a vacancy on the
City Commission (i.e., vacancy for the limited remainder of Commissioner Tobin's term),
the candidate elected for Commission Group V at the City's General/Runoff Election
shall be elected for a new term of office, effectively dispelling any issue of "vacancy"
caused by the subject resignation.
If you have any questions, please contact the Office of the City Clerk at 305-673-7411.
JLM/LH/RA
1 Pursuant to Sec. 2.07, "Vacancies in City Commission," "Any vacancy occurring in the City Commission
shall be filled by the vote of the majority of the remaining members of said City Commission with the
appointee serving the remainder of the unexpired term until the next succeeding general City election and
with any further remainder of said unexpired term to be filled by a Commissioner elected at said general
election; if the remaining members of the City Commission shall fail or refuse to fill such vacancy within 30
days after it occurs and if no general City election will be held within 90 days after the expiration of said 30
days, then a special election shall be called and held to elect a Commissioner to fill such vacancy for the
remainder of the unexpired term.
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Resignation as of 102915 REV.docx