Resolution 2018-30353RESOLUTION NO. 201 -30353
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A
SPECIAL ELECTION ON AUGUST 28, 2018, FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE
CITY OF MIAMI BEACH, FLORIDA, A BALLOT QUESTION
ASKING WHETHER CITY CHARTER SECTION 2.02 SHOULD
BE AMENDED TO PROVIDE THAT THE ANNUAL
COMPENSATION ESTABLISHED IN 1966 FOR THE MAYOR
AND COMMISSIONERS TO BE CHANGED FROM $10,000 TO
$75,636 FOR THE MAYOR, AND $6,000 to $45,381 FOR THE
COMMISSIONERS, RESPECTIVELY, AND WHICH MAY BE
INDEXED ANNUALLY BY THE CITY COMMISSION FOR
INFLATION, AT A NOTICED PUBLIC HEARING, USING THE
CONSUMER PRICE INDEX, ISSUED BY THE U.S.
DEPARTMENT OF LABOR, IN AN AMOUNT NOT TO EXCEED
THREE (3) PERCENT, PER YEAR.
BE IT 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
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 Tuesday, August 28, 2018,
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
Special Election hereby called, with acceptance of the certification of the results of the 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 voting precincts in the City of this Special Election shall be as established by
the proper and appropriate Miami -Dade County election officials. All electors shall vote at the
polling places and the voting precincts as determined by the Miami -Dade County election
officials.
1 Pursuant to City Code section 38 -3(b): "The City Clerk shall further publish, in a newspaper
meeting the requirements set forth in Florida Statutes § 50.031-and on the City's website, the
polling places for the election twice, once in the third week and once in the first week prior to the
week in which the election is to be held."
SECTION 4.
Not fewer than thirty days' notice of the adoption of this Resolution and of its provisions
calling this Special Election shall be given by publication in the Miami Herald, a newspaper of
general circulation in Miami Beach, Miami -Dade County, Florida. Such publication shall be
made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38 -3
of the Code of the City of Miami Beach.
SECTION 5.
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 AUGUST 28, 2018, AT WHICH TIME THERE SHALL BE SUBMITTED
TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF
MIAMI BEACH THE FOLLOWING QUESTION:
Amend City Charter to Increase the Annual Compensation
of the Mayor and City Commissioners
Shall City Charter Section 2.02 be amended to change the annual compensation
established in 1966, which has not been raised in 52 years, for the Mayor from
$10,000 to $75,636, and for City Commissioners from $6,000 to $45,381; and also
to authorize the City Commission, at a noticed public hearing, to allow an annual
compensation increase based upon the Consumer Price Index, issued by U.S.
Department of Labor, not to exceed three percent per year?
YES
NO
The Notice shall further set forth pertinent information regarding eligibility of electors to
participate in this Election.
SECTION 6.
That the official ballot to be used in the Special Election to be held on August 28, 2018,
hereby called, shall be in substantially the following form, to wit:
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OFFICIAL BALLOT
Amend City Charter to Increase the Annual Compensation
of the Mayor and City Commissioners
Shall City Charter Section 2.02 be amended to change the annual compensation
established in 1966, which has not been raised in 52 years, for the Mayor from
$10,000 to $75,636, and for City Commissioners from $6,000 to $45,381; and also
to authorize the City Commission, at a noticed public hearing, to allow an annual
compensation increase based upon the Consumer Price Index, issued by U.S.
Department of Labor, not to exceed three percent per year?
SECTION 7.
YES
NO
The form of the ballots to be used in this Special Election and their preparation shall be
in compliance with all statutory requirements relating to the use of mechanical or other approved
voting machines or devices.
SECTION 8.
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. The Miami -Dade County Supervisor of
Elections will register voters for this Special Election until 5:00 p.m. on July 30, 2018. All
persons eligible to vote in this Special Election must be registered before the time and date set
forth herein or have registered previously, as provided by law. 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 Department. All questions concerning voter registration
should be directed to the Miami -Dade County Elections Department, 2700 NW 87 Avenue,
Doral, Florida 33172; Telephone: (305) 499 -VOTE (8683).
SECTION 9.
That voters participating via a Vote -by -Mail ballot in this 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 such 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 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 11.
If any section, sentence, clause or phrase of the ballot measure set forth above in this
Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then
the holding shall in no way affect the validity of the remaining portions of the ballot measure.
SECTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED AND ADOPTED this day of LA' /2e... , 2018,
ATTEST:
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BALLOT QUESTION AND PROPOSED CITY CHARTER AMENDMENT
AUGUST 28, 2018 SPECIAL ELECTION
I. BALLOT QUESTION:
Amend City Charter to Increase the Annual Compensation
of the Mayor and City Commissioners
Shall City Charter Section 2.02 be amended to change the annual compensation
established in 1966, which has not been raised in 52 years, for the Mayor from
$10,000 to $75,636, and for City Commissioners from $6,000 to $45,381; and also
to authorize the City Commission, at a noticed public hearing, to allow an annual
compensation increase based upon the Consumer Price Index, issued by U.S.
Department of Labor, not to exceed three percent per year?
YES
NO
II. PROPOSED AMENDMENT TO CITY CHARTER
ARTICLE II. - CITY COMMISSION
Sec. 2.02. - Term, term limits and compensation.
The term of office of the Mayor shall be two (2) years. The term of office of the City
Commissioners shall be four (4) years.
The lifetime term limit for Miami Beach Commissioners shall be two (2) four -year terms and
the lifetime term limit for Miami Beach Mayor shall be three (3) two-year terms respectively,
measured retroactively from their first elections, said terms not including time served as a
member of the City of Miami Beach Commission as a result of having filled a vacancy in the
Commission pursuant to Section 2.07 of the City of Miami Beach Charter so long as such time
served in filling a vacancy does not exceed 50 percent of that subject term. Service by a
Commission member in excess of 50 percent of any term of office shall be considered a full
term for purposes of the term limit provisions in this section.
The annual compensation for the Office of Commissioner shall be six thousand dollar)
45 381 and the compensation for the Office of Mayor shall be $75,636 t-en
(1- 8;988:09). Thereafter, the City Commission may, following a noticed public
hearing, annually increase the com•ensation of the Ma or and Cit Commission based u.on
the Consumer Price Index as issued b
the
U.
S.
De
artment of Labor in an amount not to
exceed three (3) percent, per year. ;-any Any other increase in salary for Mayor and /or
Commissioner shall require approval of a majority of the electorate voting at a City election.
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Agenda Item
Date , I
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorn +
DATE: June 6, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION ON
AUGUST 28, 2018, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A BALLOT
QUESTION ASKING WHETHER CITY CHARTER SECTION 2.02 SHOULD
BE AMENDED TO PROVIDE THAT THE ANNUAL COMPENSATION
ESTABLISHED IN 1966 FOR THE MAYOR AND COMMISSIONERS TO BE
CHANGED FROM $10,000 TO $75,000 FOR THE MAYOR, AND $6,000 to
$50,000 FOR THE COMMISSIONERS, RESPECTIVELY.
RECOMMENDATION
Pursuant to the request of Commissioner Michael Gongora, the above- referenced
Resolution is submitted for consideration by the Mayor and City Commission at the June 6,
2018 City Commission meeting.
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Michael Gongora