RESOLUTION 92-20537 RESOLUTION NO. 92-20537
A RESOLUTION CALLING FOR A SPECIAL ELECTION TO
BE HELD ON NOVEMBER 3, 1992 FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH AN AMENDMENT TO SECTION 8 OF THE
MIAMI BEACH CITY CHARTER PROVIDING FOR
',RUNOFF', ELECTION TO OCCUR ONE WEEK AFTER THE
GENERAL ELECTION AND CHANGING VICE-MAYOR
SELECTION DATE FROM THREE TO THIRTY DAYS AFTER
RUNOFF ELECTION.
BE IT RESOLVED BY THE 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 general 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
November 3 , 1992 for the purpose of submitting to the electorate
the question as set forth hereinafter.
SECTION 2 .
That the appropriate and proper Dade County election officials
shall conduct the said Special Election hereby called, with Dade
County's certification of the results of said Special Election
being accepted 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 and results duly accepted by said appropriate Dade County
Officials.
SECTION 3.
Said voting precincts in the City of said Special Election
shall be as established by the proper and appropriate Dade County
Election Officials. All electors shall vote at the polling places
and the voting precincts in which the OFFICIAL REGISTRATION BOOKS
show that the said electors reside. A list of the voting precincts
and the polling places therein (subject to change by the Supervisor
of Elections of Dade County, in accordance with the laws of
Florida) is attached hereto as Exhibit A.
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
register to vote at the City registration office located in the
lobby of City Hall, 1700 Convention Center Drive, Miami Beach,
Florida 33139 , each and every Wednesday until September 30, 1992 ,
between the hours of 9 : 00 a.m. and 4 : 30 p.m. , and at such other
voter registration centers and during such times as may be provided
by the Supervisor of Elections of Dade County. All questions
concerning voter registration should be directed to the Dade County
Elections Office, 111 Northwest 1st Street, Floor 19 , Miami,
Florida 33130; Mailing Address: P.O. Box 012241, Miami, Florida
33101; Telephone: (305) 375-5553 .
SECTION 5.
Copies of the proposed amendment shall be made available to
the electors at the office of the City Clerk from 9 : 00 a.m. to 5: 00
p.m. each day, Saturdays, Sundays, and holidays excepted, not later
than thirty days prior to the date of said election.
SECTION 6.
Not less than thirty days ' notice of said Special Election
shall be given by publication in a newspaper of general circulation
in Miami Beach, Dade County, Florida. Such publication shall be
made at least once each week for four consecutive weeks next
preceding said Special Election.
SECTION 7 .
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 CITY COMMISSION OF THE
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CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD
IN SAID CITY FROM 7 : 00 A.M. UNTIL 7 : 00 P.M. ON
THE 3RD DAY OF NOVEMBER, 1992 , AT WHICH TIME
THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF
MIAMI BEACH THE FOLLOWING QUESTION:
RUNOFF ELECTION ONE WEEK AFTER GENERAL
ELECTION; VICE-MAYOR SELECTED WITHIN THIRTY
DAYS FROM RUNOFF.
"SHALL MIAMI BEACH CITY CHARTER SECTION 8 BE
AMENDED TO CHANGE THE RUNOFF ELECTION DATE
FROM TWO WEEKS AFTER GENERAL ELECTION TO ONE
WEEK AFTER GENERAL ELECTION AND CHANGING VICE-
MAYOR SELECTION DATE FROM THREE TO THIRTY DAYS
AFTER RUNOFF ELECTION. "
YES
NO
SECTION 8.
The official ballot to be used in the Special Election to be
held on November 3 , 1992 , hereby called, shall be in substantially
the following form, to-wit:
OFFICIAL BALLOT
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION, NOVEMBER 3 , 1992
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE 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 3RD DAY OF NOVEMBER, 1992 , AT
WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING QUESTION:
RUNOFF ELECTION ONE WEEK AFTER GENERAL
ELECTION; VICE-MAYOR SELECTED WITHIN THIRTY
DAYS FROM RUNOFF.
"SHALL MIAMI BEACH CITY CHARTER SECTION 8 BE
AMENDED TO CHANGE THE RUNOFF ELECTION DATE
FROM TWO WEEKS AFTER GENERAL ELECTION TO ONE
WEEK AFTER GENERAL ELECTION AND CHANGING VICE-
MAYOR SELECTION DATE FROM THREE TO THIRTY DAYS
AFTER RUNOFF ELECTION. "
YES
NO
SECTION 9.
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.
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SECTION 10.
That the City of Miami Beach shall pay all expenses for
conducting this Special Election and will pay to Dade County or
directly to all persons or firms, upon receipt of invoice or
statement approved by the Supervisor of Elections of Dade County,
Florida.
SECTION 11.
This resolution shall be effective immediately upon its
passage.
PASSED and ADOPTED this 8th day of s July , 1992 .
'YOR
ATTEST:
FORM APPROVED
F %yew., LE AL DEPti
CITY CLERK 1161ft,
By If ..
JO/jal
Date
(a:\res ord\spelec92.res)
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PROPOSED CHARTER AMENDMENT RE:
RUNOFF ELECTION AND VICE-MAYOR SELECTION
A. Proposed Ballot Question:
"SHALL MIAMI BEACH CITY CHARTER SECTION 8 BE AMENDED TO
CHANGE THE RUNOFF ELECTION DATE FROM TWO WEEKS AFTER
GENERAL ELECTION TO ONE WEEK AFTER GENERAL ELECTION AND
CHANGING VICE-MAYOR SELECTION DATE FROM THREE TO THIRTY
DAYS AFTER RUNOFF ELECTION. "
YES
NO
B. Proposed Text:
Section 8 - Designation City officers; government vested in
certain officers; election and terms of office of commission;
organization of commission; powers and duties of mayor and
vice-mayor; meetings of commission; commission restricted as
to other offices; forfeiture of office by elected and
appointed officials.
The form of government of the City of Miami Beach provided for
by this Charter shall be that known as the "commission-city
manager plan" . The city manager shall be appointed by and
serve at will of a majority of the commission. His
compensation shall be fixed by the city commission by
ordinance. He shall be chosen solely upon the basis of his
executive and administrative qualifications, and he need not
be a resident of the city or state at the time of his
appointment. During the absence or disability of the city
manager, the city commission may designate a properly
qualified person to temporarily execute the functions of the
office. The city manager shall be the chief administrative
officer of the city, with powers appropriate to the office.
He shall have power to appoint, with the approval of the
commission, the department directors herein provided for, who
shall thereafter serve at the will of the city manager. He
shall have power to appoint and remove at will , all other
officers or employees in the unclassified service of the city,
except those elected by the people; or appointed by the
commission; the employees in the mayor' s office who are in the
unclassified service, for whom the mayor shall be the
appointing authority; the chief librarian; and the
unclassified personnel in the legal department who shall be
appointed and removed by the city attorney.
The city commission shall appoint a city manager, a city
attorney, a municipal judge and two associate municipal
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judges, who shall serve at the will of a majority of the
commission. The city commission may, by ordinance, abolish
all offices except those filled by the people, and except the
offices of the city manager, city attorney, municipal judge,
and the two associate municipal judges.
The city commission may, by ordinance, create such new offices
and departments, under the control of the city manager, as the
commission shall deem necessary or proper for the efficient
administration of the city government, and to provide for such
other matters necessarily or properly related to a commission-
city manager form of government. The city commission shall
deal with the administrative affairs of the city only through
the city manager; provided, however, that the commission shall
not be precluded from requesting or receiving information from
its administrative agencies. The city commission shall
consist of seven members who shall be legally qualified voters
of the city. The seven members who shall hold office
immediately prior to the election to be held in June, 1965,
shall hold office until the expiration of the terms for which
they were elected. In the general election to be held in said
city in June, 1965, there shall be three members of the said
city commission elected, one being elected for each Group
numbered I, II, and III respectively, as said groups are
hereinafter designated, and each of whom shall hold office for
a term of four years, and there shall also be a mayor elected,
who shall hold office for a term of two years. At the general
election to be held in June 1967 , there shall be three members
of the city commission elected, one being elected for each
Group numbered IV, V, and VI respectively, as said Groups are
hereinafter designated, and each of whom shall hold office for
a term of four years; and there shall also be a mayor elected
for a term of two years; and a general election shall be held
in November every two years thereafter to fill the offices of
those commissioners and the office of the mayor whose terms
shall have been expired. City Commissioners and the Mayor
shall be elected from the City at large. The city
commissioners shall be elected for Groups numbered and
designated I through VI in the manner hereinafter set forth:
Those offices of commissioner held by the persons who received
the highest, second and third highest number of votes
respectively in the general election held in the city in June,
1961 are hereby designated as Groups I, II and III
respectively, and those offices of commission held by the
persons who received the highest, second and third highest
number of votes respectively in the general election held in
the city in June, 1963 , are hereby designated as Groups IV, V,
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and VI respectively.
In the general election to be held in June 1965 for the
election of commissioners and the mayor, an incumbent
commissioner who seeks re-election to the office of
commissioner, whose term expires with said election, may
qualify for election for either Group I, Group II or Group
III, provided, however, that he shall designate the Group for
which he seeks election not later than ten days before the
last day for qualifying as a candidate in the said general
election to be held in June, 1965.
Following the said general election to be held in June 1965,
an incumbent commissioner seeking re-election to the office of
commissioner may thereafter qualify only for the group then
occupied by him, and no other.
No candidate for the office of commissioner shall be permitted
to qualify for more than one group, or for the office of
mayor.
Any incumbent commissioner who desires to qualify as a
candidate for mayor or commissioner at an election at which
his own term does not expire must qualify as such candidate
riot less than ten days before the last day for qualification
for candidates and his office shall be deemed vacant on the
day of said election, and any eligible elector may qualify as
a candidate for election for the unexpired portion of the term
of the office so vacated.
Commencing with the election in November, 1973 , there shall be
no primary election, and commencing in November 1973 and every
two years thereafter, there shall be but one general election
for commissioners and the mayor, and the candidates receiving
the highest number of votes cast at said election shall be
deemed elected.
All commissioners, and the mayor, of the City of Miami Beach,
shall be elected at a general election to be held on the first
Tuesday in November, 1975, as their terms expire, and every
two years thereafter, and candidates for the office of
commissioner and mayor to be voted upon by all the electors of
the City of Miami Beach.
Commencing with the general election on November 4 , 1975, and
every two years thereafter, all commissioners and the mayor of
the City of Miami Beach shall be elected for a term of two
years.
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Notwithstanding any other provisions of this Charter, no later
than March 1, 1991, the City Clerk shall publicly draw lots to
determine whether each officials ' term of office will expire
in November, 1993 or November, 1995. Three Commissioners (and
the groups they represent) shall have their terms expire in
November, 1993 and three Commissioners (and the groups they
represent) shall have their terms expire in November, 1995.
The Commission groups expiring in November, 1993 shall be
designated groups I, II, and III; and the remaining three
Commission groups shall be designated groups IV, V, and VI ,
and the names of the incumbents shall be reassigned to an
appropriate group after the lot is drawn. All subsequent
Commission groups shall receive four year terms. The Mayor
shall receive two year terms.
Commencing with the general election in November, 1991, a
candidate must receive a majority of the votes cast to be
deemed elected. If no candidate receives a majority of the
votes cast, there will be a runoff election between the two
candidates in each group receiving the highest number of
votes; should a tie result, the outcome shall be determined by
lot. This runoff election shall occur twe one weeks from the
date of general election.
In the event that no candidate has qualified in any group, or
for mayor, a vacancy shall be deemed to have occurred, and
shall be filled as provided by the Charter of the City of
Miami Beach for the filling of a vacancy in the office of
commissioner.
The mayor shall be the presiding officer at the meetings of
the commission and shall bear the title of mayor and shall
have a voice and a vote in the proceedings of the city
commission but no veto power, and he may use the title of
mayor in any case in which the execution of legal instruments
in writing or other necessity arising from the general laws of
the state so requires; he shall sign all deeds, contracts,
bonds or other instruments of writing to which the city is a
party when authorized so to do by ordinance or resolution of
the city commission, but he shall not have the administrative
or judicial functions and powers of a mayor under the general
laws of the state. He shall be recognized as the official
head of the city by the courts for the purpose of serving
civil processes, by the governor in the exercise of military
law and for all ceremonial purposes and he shall, in addition
thereto, perform such other duties as may be by ordinance
prescribed by the city commission. The city commission shall,
at its first meeting after each general election, which shall
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be within three days after the general election (or within
thrcc thirty days after the runoff election, if a runoff
election is held, elect from its membership a vice-mayor who
during the absence or disability of the mayor, shall perform
the duties of mayor. In the absence or disability of both the
mayor and vice-mayor the said duties shall be performed by
another member appointed by the commission. The city
commission shall meet at such times as may be prescribed by
ordinance or resolution. The mayor, or the city manager, may
call special meetings of the commission upon at least twenty-
four hours ' written notice to each member, served personally,
or left at his usual place of abode; provided, however, that
the requirement of such written notice may be waived at a
special meeting by the unanimous vote of the commission. No
member of the city commission shall, during the time for which
he was elected, be appointed or elected to any city office
that has been created or the emoluments thereof shall have
been increased during such time.
There shall be a health advisory board that will hold regular
meetings to review and advise the administration and the
commission of all matters that relate to the health, welfare,
and safety of the citizens of Miami Beach.
The composition of the board shall consist of administrators
of local hospitals, an administrator from an ACLF, a
representative from the nursing profession, two (2) citizens
who are health providers, and three (3) consumers. There
shall be ex-officio a representative from the social services
department, a representative from the police department, and
a representative from the fire rescue department. These
appointments shall be made by the city manager for a period
not to exceed two (2) years.
JO/jal
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OFFICE OF THE CITY ATTORNEY
624 1/, weed
F L O R I D A
LAURENCE FEINGOLDtIncoR� a�►�D
?�.S ,� PO BOXO
r7,Q?6"� _ MIAMI BEACH. FLORIDA 33''9-2032
CITY ATTORNEY
TELEPHONE;3051 673-7470
TELECOPY ,3051 673-7002
COMMISSION MEMORANDUM NO: 229 2-
DATE: JULY 8, 1992
TO: Mayor Seymour Gelber and
Members of the City Comssio
FROM: Laurence Fein old
City Attorney
SUBJECT: NOVEMBER 31 1992 PRESIDENTIAL GENERAL ELECTION: CITY OF
MIAMI BEACH BALLOT QUESTIONS REGARDING QUALIFYING PERIOD
AND RUNOFF DATE
On June 3 , 1992 the Miami Beach City Commission approved in concept
placement on the November 3 , 1992 Presidential General Election
ballot the following two referendum questions:
- Shall Miami Beach City Charter Section 8 be amended to
change the runoff election date from two weeks after
general election to one week after general election and
changing Vice-Mayor selection date from three to thirty
days after runoff election.
Shall Section 40 of the Miami Beach City Charter be
amended to change the commission election qualifying
period from not more than one hundred and thirteen days
nor less than one hundred nine days prior to said
election to the four consecutive days immediately
following the first Monday in September, in those years
in which a general election is held.
Accordingly, the attached two resolutions placing said ballot
questions on the November 3 , 1992 ballot are presented to the
Commission for passage in order to present said questions for
electorate consideration.
LF/JKO/jal
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AGENDA
ITEM
Eala
DATE
1700 CONVENTION CENTER DRIVE — FOURTH FLOOR — MIAMI BEACH, FLORIDA 33139
U.^...1_,._71 yL
RESOLUTION NO. 92-205371::' .. _
Calling a special election to be held on
November 3, 1992 for the purpose of .
submitting to the Electorate of the City
of Miami Beach an amendment to §8 of the
Miami Beach City Charter providing for
"Runoff" Election to occur one week after
the General Election and changing
Vice-Mayor selection date from three to _ .. _. . __. .. ..
thirty days after runoff election. aminimimmiumum„
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