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RESOLUTION 90-20079 RESOLUTION NO. 90-20079 A RESOLUTION CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 1990 FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH AMENDMENTS TO SECTION 8 OF THE MIAMI BEACH CITY CHARTER PROVIDING FOR FOUR YEAR STAGGERED TERMS FOR CITY COMMISSIONERS, WITH THE MAYOR'S TERM REMAINING AS TWO YEARS AND PROVIDING FOR "RUN-OFF" ELECTIONS BETWEEN THE TWO CANDIDATES WITH HIGHEST NUMBER OF VOTES IF NO CANDIDATE RECEIVES A MAJORITY OF VOTES, "RUN-OFF" WILL OCCUR TWO WEEKS AFTER THE ELECTION, COMMENCING WITH THE NOVEMBER 1991 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 6, 1990 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 October 8 , 1990, 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 1 questions concerning voter registration should be directed to the Dade County Elections Office, 111 N.W. 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 CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7 : 00 A.M. UNTIL 7 : 00 P.M. ON THE 6TH DAY OF NOVEMBER, 1990, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: AMENDMENT TO CHARTER ESTABLISHING FOUR-YEAR STAGGERED TERMS FOR CITY COMMISSIONERS AND RUN-OFF ELECTIONS . "SHALL MIAMI BEACH CITY CHARTER SECTION 8 BE AMENDED TO ESTABLISH FOUR-YEAR STAGGERED TERMS FOR CITY COMMISSIONERS, EXCLUDING THE MAYOR, BY DRAWING LOTS TO DETERMINE WHICH HALF OF THE COMMISSION TERMS WILL EXPIRE IN NOVEMBER, 1993 AND 1995 ; AND TO ESTABLISH RUN-OFF ELECTIONS BETWEEN THE TWO CANDIDATES WITH THE HIGHEST NUMBER OF VOTES IF NO CANDIDATE RECEIVES MAJORITY OF VOTES ; RUN-OFF ELECTION WILL OCCUR TWO WEEKS AFTER GENERAL ELECTION, COMMENCING NOVEMBER, 1991 ELECTION. YES NO SECTION 8. The official ballot to be used in the Special Election to be held on November 6, 1990, hereby called, shall be in substantially the following form, to-wit: 2 OFFICIAL BALLOT THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION, NOVEMBER 6, 1990 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 6TH DAY OF NOVEMBER, 1990, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: AMENDMENT TO CHARTER ESTABLISHING FOUR-YEAR STAGGERED TERMS FOR CITY COMMISSIONERS AND RUN-OFF ELECTIONS . "SHALL MIAMI BEACH CITY CHARTER SECTION 8 BE AMENDED TO ESTABLISH FOUR-YEAR STAGGERED TERMS FOR CITY COMMISSIONERS, EXCLUDING THE MAYOR, BY DRAWING LOTS TO DETERMINE WHICH HALF OF THE COMMISSION TERMS WILL EXPIRE IN NOVEMBER, 1993 AND 1995 ; AND TO ESTABLISH RUN-OFF ELECTIONS BETWEEN THE TWO CANDIDATES WITH THE HIGHEST NUMBER OF VOTES IF NO CANDIDATE RECEIVES MAJORITY OF VOTES; RUN-OFF ELECTION WILL OCCUR TWO WEEKS AFTER GENERAL ELECTION, COMMENCING NOVEMBER, 1991 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. 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 5th day of September , 1990 . ATTEST: MA'OR FORM APPROVED CITY CLERK LEGAL DEPT. JKO/rg By Date 0 3 PROPOSED RELATED LAWS AMENDMENTS FOR NOVEMBER 6, 1990 SPECIAL ELECTION PROPOSED CHARTER AMENDMENT RE: STAGGERED TERMS AND RUN-OFF ELECTIONS A. Proposed Ballot Question: "SHALL MIAMI BEACH CITY CHARTER SECTION 8 BE AMENDED TO ESTABLISH FOUR-YEAR STAGGERED TERMS FOR CITY COMMISSIONERS, EXCLUDING THE MAYOR, BY DRAWING LOTS TO DETERMINE WHICH HALF OF THE COMMISSION TERMS WILL EXPIRE IN NOVEMBER, 1993 AND 1995 ; AND TO ESTABLISH RUN-OFF ELECTIONS BETWEEN THE TWO CANDIDATES WITH THE HIGHEST NUMBER OF VOTES IF NO CANDIDATE RECEIVES MAJORITY OF VOTES; RUN-OFF ELECTION WILL OCCUR TWO WEEKS AFTER GENERAL ELECTION, COMMENCING NOVEMBER, 1991 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 1 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 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: 2 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 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, 1963 , are hereby designated as Groups IV, V, 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 not 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. 3 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. 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 run-off 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 run-off election shall occur two 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 he 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 4 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 be within three days after the general election (or within three days after the run-off election, if a run-off 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. 5 ORIGINAL RESOLUTION NO. 90-20079 Calling a Special Election to be held on November 6, 1990 for the purpose of sub- mitting to the Electorate of the City of Miami Beach Amendments to Section 8 of the Miami Beach City Charter providing for four year staggered terms for City Commissioners, with the Mayor's term remaining as two years and providing for "Run-Off" Elections between the two candidates with highest number of votes if no candidate receives a majority of votes, "Run-Off" will occur two weeks after the Election, commencing with the NOvember 1991 Election.