2012-27962 Reso ¢ti _
RESOLUTION NO.� 2012 -27962
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 6, 2012 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF
THE CITY OF MIAMI BEACH A QUESTION ASKING MIAMI BEACH
CITY CHARTER ARTICLES II AND IV SHOULD BE AMENDED TO ESTABLISH
THE CITY CLERK AS A CHARTER OFFICER RESPONSIBLE.FOR PERFORMING
DESIGNATED DUTIES, WHOSE COMPENSATION SHALL BE ESTABLISHED BY
ORDINANCE, AND WHEREBY THE CLERK SHALL BE APPOINTED AND
REMOVED BY, AND ACCOUNTABLE TO, THE CITY COMMISSION INSTEAD OF
THE CITY MANAGER; AND THE POWER TO SUPERVISE AND CONTROL THE
CLERK'S OFFICE, AND TO APPOINT AND REMOVE UNCLASSIFIED
PERSONNEL THEREIN, SHALL BE TRANSFERRED FROM THE CITY
MANAGER TO THE CITY CLERK.
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
general laws of 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 6, 2012, 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 vote 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, 2700 N.W. 87 Avenue, Doral, Florida 33172; Telephone: (305) 499 -VOTE (8683).
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 §50.031 and §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 6 th DAY OF NOVEMBER, 2012, AT WHICH TIME THERE SHALL BE
SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE
CITY OF MIAMI BEACH THE FOLLOWING QUESTION:
ESTABLISHING CITY CLERK AS A CHARTER OFFICER
SHALL THE CHARTER BE AMENDED TO ESTABLISH THE CITY CLERK AS A
CHARTER OFFICER RESPONSIBLE FOR PERFORMING DESIGNATED
DUTIES, WHOSE COMPENSATION SHALL BE ESTABLISHED BY
ORDINANCE, AND WHEREBY:
• THE CLERK SHALL BE APPOINTED AND REMOVED BY, AND
ACCOUNTABLE TO, THE CITY COMMISSION INSTEAD OF THE CITY
MANAGER;AND
• POWER TO SUPERVISE AND CONTROL THE CLERK'S OFFICE, AND
TO APPOINT AND REMOVE UNCLASSIFIED PERSONNEL THEREIN,
SHALL BE TRANSFERRED FROM THE CITY MANAGER TO THE CITY
CLERK?
YES
NO
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SECTION 7.
That the official ballot to be used in the Special Election to be held on November 6, 2012,
hereby called, shall be in substantially the following form, to -wit:
"OFFICIAL BALLOT"
ESTABLISHING CITY CLERK AS A CHARTER OFFICER
SHALL THE CHARTER BE AMENDED TO ESTABLISH THE CITY CLERK AS A
CHARTER OFFICER RESPONSIBLE FOR PERFORMING DESIGNATED
DUTIES, WHOSE COMPENSATION SHALL BE ESTABLISHED BY
ORDINANCE, AND WHEREBY:
• THE CLERK SHALL BE APPOINTED AND REMOVED BY, AND
ACCOUNTABLE TO, THE CITY COMMISSION INSTEAD OF THE CITY
MANAGER; AND
• POWER TO SUPERVISE AND CONTROL THE CLERK'S OFFICE, AND
TO APPOINT AND REMOVE UNCLASSIFIED PERSONNEL THEREIN,
SHALL BE TRANSFERRED FROM THE CITY MANAGER TO THE CITY
CLERK?
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 no way
affect the validity of the remaining portions of said ballot measure.
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SECTION 11.
This Resolution shall be effective upon its passage.
PASSED and ADOPTED this 18th day of July , 2012.
ATTEST:
G - orge R. Exposito
Vice -Mayor f - - - --
CORP ORATED'
APPROVED AS TO
FORM & LANGUAGE
RAFAEL E. GRANA , ". & FOR ELUTION
.(Requested by Commissioner e Weithorn)
7 111 l .z
y t rney bat
F:\ATTO \TURN\ BALLOT. QUESTIONS \CityclerkCharterOfficer.doc
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PROPOSED BALLOT TITLE AND BALLOT SUMMARY
NOVEMBER 6, -2012 SPECIAL ELECTION
L PROPOSED'BALLOT TITLE AND BALLOT SUMMARY:
ESTABLISHING CITY CLERK AS A CHARTER OFFICER
SHALL THE CHARTER BE AMENDED TO ESTABLISH THE CITY CLERK AS A
CHARTER OFFICER RESPONSIBLE FOR PERFORMING DESIGNATED
DUTIES, WHOSE COMPENSATION. SHALL BE ESTABLISHED BY
ORDINANCE, AND WHEREBY:
• THE CLERK SHALL BE APPOINTED AND REMOVED BY, AND
ACCOUNTABLE TO, THE CITY COMMISSION INSTEAD OF THE CITY
MANAGER; AND
• POWER TO SUPERVISE AND CONTROL THE CLERK'S OFFICE, AND
TO APPOINT AND REMOVE UNCLASSIFIED PERSONNEL THEREIN,
SHALL BE TRANSFERRED FROM THE CITY MANAGER TO THE CITY
CLERK?
II. PROPOSED CHARTER TEXT:
ARTICLE II. CITY COMMISSION
Sec. 2.03. Powers of the city commission.
All powers of the City shall be vested in the City Commission except those powers
specifically given to the Mayor, the City Manager, a4d te the City Attorney, and the City Clerk, as
provided in this Charter and except those powers specifically reserved in this Charterto the electors
of the City. Moreover, the City Commission shall have all powers and privileges not inconsistent
herewith, granted to the City Commission of cities and towns by the general laws of the State of
Florida, and shall have power to do and perform all things necessary for the government of the City
not.inconsistent with the constitution of the State of Florida, the Constitution and laws of the United
States, and the terms and provisions of this Charter.
The City Commission shall appoint a City Manager and a City Attorney and a City Clerk the
City Commission shall have the power to remove the City Manager and/or City Attorney and/or City
Clerk at any time by a majority vote of the Commission, or, in the event of an employment
agreement between the parties removal shall occur pursuant to the terms of said agreement.
The Commission may also investigate the official acts and conduct of any City official, and by
similar investigations may secure information upon any matter. In conducting such investigations,
the Commission may require the attendance of witnesses and the production of books, papers and
other evidence.
The independent City Auditor shall be appointed by the City Commission; both appointment
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and removal of the independent City Auditor shall be made by the City Commission. Duties, method
of- selection and method of compensation of the independent City Auditor shall be established by
ordinance.
ARTICLE IV. CITY MANAGER, CITY CLERK AND ADMINISTRATIVE ORGANIZATION
Sec. 4.02. City manager— Functions and powers.
The City Manager shall be the chief executive officer and.head of the administrative branch
of the City government. Except as specifically provided otherwise in this Charter, the City Manager
shall be responsible to the City Commission for the proper administration of all affairs of the City.
The functions and powers of this office shall be:
(a) To see that the laws and ordinances are enforced.
(b) To appoint all directors of the several departments now existing; or to be created,
with the consent of the City Commission, and to remove the same at will, except for
the .Legal Department and the City Clerk's Office
(c) To appoint and remove, at will, the division heads of departments or divisions now
existing or to be created by law or ordinance, except for the Legal Department and
the City Clerk's Office
(d) To appoint and remove at will,'all other officers or employees in the unclassified
service of the City, except the Mayor and City Commissioners, or those individuals
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, and the
unclassified personnel in the Legal Department who shall be appointed and removed
by the City Attorney and the unclassified personnel in the City Clerk's Office who
shall be appointed and removed by the City Clerk
(e) To attend all meetings of the City Commission, with the right to take part,in the
discussion, but having no vote.
(f) To recommend to the City Commission for adoption, such measures as he /she may
deem necessary or expedient.
(g) To keep the City Commission fully advised as to the financial condition and needs of
the City.
(h) To have (general and special supervision and control), subject to the control by the
City Commission, of the several departments now existing, except for the Legal
Department and the City Clerk's Office or hereafter to be created, and the City
Manager shall be the purchasing agent of the City, with authority to delegate such
duty. —
(i) To negotiate.all contracts and agreements in which the City is a party subject to the
approval of the City Commission.
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Q) The City Manager shall account to the City Commission for the conduct and acts of
the several departments now existing, or hereafter to be created, and he /she shall
have supervision and control of the heads of the said departments, and such heads
as appointed by the City Manager shall be accountable to the City Manager for the
conduct and acts of their departments, except for the Legal Department and the City
Clerk's Office
(k) To perform such other duties as may be prescribed by the City Commission by
ordinance or resolution and which are not in conflict with the duties of the City Clerk
Sec 4.03. City Clerk; appointment and compensation.
The City Clerk shall be appointed by the City Commission and shall be the Department head
of the City Clerk's Office. The City Clerk's compensation shall be fixed by the City Commission by
ordinance.
Sec. 4.04. City Clerk; duties and authority.
The City Clerk shall have the following duties and authority:
To give notice of, attend, and keep minutes of all City Commission meetings.
To serve as the City of Miami Beach's official Records Custodian.
) To maintain records of the City Commission, City Boards, and City Committees.
To perform all duties and functions relative to municipal elections in accordance with .
applicable state, county, and city law.
) To appoint all personnel in the City Clerk's Office and to appoint and remove, at will,
all unclassified personnel in the City Clerk's Office. To have supervision and control
of the City Clerk's Office subject to the control of the City Commission and consistent
with the provisions of the City Code and City Charter.
�f To perform such other duties as the City Commission may prescribe from time to
time which are not in conflict with the duties of the City Manager.
Lc� To maintain the seal of the City of Miami Beach and attest the signatures of the
Mayor and City Manager, as the case may be, on all documents if needed.
To otherwise account to the City Commission for the conduct and acts of the City
Clerk's Office.
Q To perform such other professional duties as may be required of him /her by
ordinance or resolution of the Commission or by this Charter.
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m MIAMI BEACH
JOSE SMITH, CITY ATTORNEY
OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower
Members of the City Commission
CC: Kathie Brooks, InteriQ*nager
FROM: Jose Smith, City Atto
DATE: July 18, 2012
SUBJECT:' Resolution Regarding Ballot Question Establishing the City Clerk as a
Charter Officer
Pursuant to the direction of the City Commission at the June 6, 2012 City Commission
meeting, the attached Resolution has been drafted for the City Commission's
consideration.
The Resolution sets forth a ballot question for the City's November 6, 2012 Special
Election amending the City Charter to establish the City Clerk as a Charter Officer
appointed and removed by, and accountable to, the City Commission instead of the City
Manager. The proposed Charter Amendment would also transfer from the City Manager
to the City Clerk the power to supervise and control the Clerk's Office and to appoint and
remove unclassified personnel therein.
JSXMmem
Agenda Item r 7D
G Date 'j -!2 12_