2013-28299 Reso RESOLUTION NO. 2013-28299
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2013 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE
OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER
PARAGRAPH A(17) OF THE MIAMI BEACH CITY CHARTER CITIZENS' BILL
OF RIGHTS SHOULD BE CREATED PROHIBITING DISCRIMINATION BY
THE CITY OF MIAMI BEACH IN ITS EMPLOYMENT PRACTICES AND
BENEFITS OFFERED BASED UPON AN EMPLOYEE OR APPLICANT'S
RACE, COLOR, NATIONAL ORIGIN, RELIGION, GENDER, SEXUAL
ORIENTATION, GENDER IDENTITY, DISABILITY, MARITAL STATUS,
FAMILIAL STATUS, OR AGE.
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 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 5, 2013,
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. 87th 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 5T" DAY OF NOVEMBER, 2013, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
PROHIBITION OF DISCRIMINATION BY CITY OF MIAMI BEACH IN
EMPLOYMENT PRACTICES AND BENEFITS OFFERED
SHALL PARAGRAPH A(17) OF THE MIAMI BEACH CITY CHARTER
CITIZENS' BILL OF RIGHTS BE CREATED BANNING DISCRIMINATION IN
EMPLOYMENT PRACTICES AND BENEFITS OFFERED BY THE CITY OF
MIAMI BEACH BASED UPON AN EMPLOYEE OR APPLICANT'S RACE,
COLOR, NATIONAL ORIGIN, RELIGION, GENDER, SEXUAL ORIENTATION,
GENDER IDENTITY, DISABILITY, MARITAL STATUS, FAMILIAL STATUS,
OR AGE?
YES
NO
SECTION 7.
That the official ballot to be used in the Special Election to be held on November 5,
2013, hereby called, shall be in substantially the following form, to-wit:
2
"OFFICIAL BALLOT"
PROHIBITION OF DISCRIMINATION BY CITY OF MIAMI BEACH IN
EMPLOYMENT PRACTICES AND BENEFITS OFFERED
SHALL PARAGRAPH A(17) OF THE MIAMI BEACH CITY CHARTER
CITIZENS' BILL OF RIGHTS BE CREATED BANNING
DISCRIMINATION IN EMPLOYMENT PRACTICES AND BENEFITS
OFFERED BY THE CITY OF MIAMI BEACH BASED UPON AN
EMPLOYEE OR APPLICANT'S RACE, COLOR, NATIONAL ORIGIN,
RELIGION, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY,
DISABILITY, MARITAL STATUS, FAMILIAL STATUS, OR AGE?
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 no
way affect the validity of the remaining portions of said ballot measure.
SECTION 11.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 9 ► day of �`'��� , 2013.
ATTEST: E3
o�••' `
• �` TI HERRERA BOWER, MAYOR
RA AEL GRANADO, CIT lrE7R --� �� '` APPROVED AS TO
IfVCORP ORATED: FORM & LANGUAGE
. ;
& FOR EXECUTION
6 City AttorKgy Date
3
PROPOSED BALLOT TITLE AND BALLOT SUMMARY
NOVEMBER 5, 2013 SPECIAL ELECTION
I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY:
PROHIBITION OF DISCRIMINATION BY CITY OF MIAMI BEACH IN
EMPLOYMENT PRACTICES AND BENEFITS OFFERED
SHALL PARAGRAPH A(17) OF THE MIAMI BEACH CITY CHARTER
CITIZENS' BILL OF RIGHTS BE CREATED PROHIBITING DISCRIMINATION
IN EMPLOYMENT PRACTICES AND BENEFITS BY THE CITY OF MIAMI
BEACH BASED UPON AN EMPLOYEE OR APPLICANT'S RACE, COLOR,
NATIONAL ORIGIN, RELIGION, GENDER, SEXUAL ORIENTATION, GENDER
IDENTITY, DISABILITY, MARITAL STATUS, FAMILIAL STATUS, OR AGE?
YES
NO
II. PROPOSED CHARTER CITIZENS' BILL OF RIGHTS TEXT:
A[(171. Rese •° Nondiscrimination in City Employment and Benefits.
The City of Miami Beach shall not discriminate in employment practices and
benefits offered based upon an employee or applicant's race, color, national
origin, religion, gender, sexual orientation, gender identity, disability, marital
status,familial status, or age.
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
CC: Jimmy Morales City Manager
FROM: Jose Smith, City Attorney
DATE: July 16, 2012
RE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2013 SPECIAL
ELECTION FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF
THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER
PARAGRAPH A(16) OF THE MIAMI BEACH CITY CHARTER CITIZENS' BILL OF
RIGHTS SHOULD BE AMENDED TO ADD GENDER IDENTITY TO THE LIST OF
CURRENTLY PROTECTED CLASSES OF RACE, COLOR, NATIONAL ORIGIN,
RELIGION, GENDER, SEXUAL ORIENTATION, DISABILITY, MARITAL STATUS,
FAMILIAL STATUS,AND AGE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2013 SPECIAL
ELECTION FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF
THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER
PARAGRAPH A(17) OF THE MIAMI BEACH CITY CHARTER CITIZENS' BILL OF
RIGHTS SHOULD BE CREATED BANNING DISCRIMINATION IN EMPLOYMENT
PRACTICES AND BENEFITS BY THE CITY OF MIAMI BEACH BASED UPON AN
EMPLOYEE OR APPLICANT'S RACE, COLOR, NATIONAL ORIGIN, RELIGION,
GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, MARITAL
STATUS, FAMILIAL STATUS, OR AGE.
Pursuant to the request of Commissioner Michael Gongora, the Charter Review
and Revision Board at its July 15, 2013 meeting considered language, proposed
by the LGBT Committee at its July 9, 2013 meeting, and voted to support the
proposed language in Paragraph A(16) and in Paragraph A(17) as amended. The
attached Resolutions have been drafted pursuant to the request of Commissioner
Michael Gongora for the City Commission's consideration. The Resolutions call
for a November 5, 2013 Special Election for the purpose of submitting to the
electorate of the City of Miami Beach two questions amending the Citizens' Bill of
Rights in the Miami Beach Charter.
'Agenda Item R7Q
Date -7-1'7-/