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R7H-Call For A Special Election Special Meetings Of The City Commission -WolfsoOFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR MATTI HERRERA BOWER, MEMBERS OF THE CITY COMMISSION CITY MANAGER JORGE M. GONZALEZ FROM: JOSE SMITH V ~ C.~:(­ CITY ATTORNEr DATE: May 9, 2012 SUBJECT: A RESOLUTION CALLING FOR AN AUGUST 14, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A QUESTION ASKING WHETHER SECTION 2.04 OF THE MIAMI BEACH CITY CHARTER SHOULD BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION. Pursuant to the request of Commissioner Jonah Wolfson, the attached Resolution has been drafted calling for an August 14, 2012 Special Election to consider the following ballot question amending the Miami Beach City Charter as follows: SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION? The attached Resolution is therefore submitted for consideration by the City Commission. F:\ATTO\TURN\COMMMEMO\CharterAmendmentSpeciaiCommissionMeeting.doc 389 Agenda Item f<7H Date 'S -9~ f'L ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jose Smith, City Attorney Jorge Gonzalez, City Manager FROM: Commissioner Jonah Wolfson DATE: May 1, 2012 SUBJECT: Agenda item for the May 9, 2012 Commission meeting Please draft and place on the May 9 City Commission Agenda, a resolution calling for an August 14, 2012 Special Election to consider a ballot question amending the Miami Beach City Charter to provide for the calling of Special meetings of the City Commission by a majority of the members of the Commission. Please contact my office at ext. 6437 if you have any questions. JW/Ih We are committed to providing excellent public service and safety to all who live, work, and play in o 390 RESOLUTION NO.------ A RESOLUTION CALLING FOR AN AUGUST 14, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A QUESTION ASKING WHETHER SECTION 2.04 OF THE MIAMI BEACH CITY CHARTER SHOULD BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION. 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 7:00a.m. to 7:00p.m. on Tuesday, August 14, 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 391 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. 8th 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 §150.031 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 14TH DAY OF AUGUST, 2012, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: MAJORITY OF MEMBERS OF CITY COMMISSION MAY CALL SPECIAL MEETINGS. SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION? SECTION 7. _____ YES _____ NO That the official ballot to be used in the Special Election to be held on August 14, 2012, hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" MAJORITY OF MEMBERS OF CITY COMMISSION MAY CALL SPECIAL MEETINGS. SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION? _____ 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 ___ day of ________ , 2012. ATTEST: RAFAEL E. GRANADO, CITY CLERK (Requested by Commissioner Jonah Wolfson) MATTI HERRERA BOWER MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F:\ATTO\TURN\RESOS\Charter Amendment-Commission Special Meetings-Proposed Ballot Ques · 3 393 PROPOSED BALLOT TITLE AND BALLOT SUMMARY AUGUST 14,2012 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: MAJORITY OF MEMBERS CITY OF COMMISSION MAY CALL SPECIAL MEETINGS. SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION? _____ YES _____ NO II. PROPOSED CHARTER TEXT: Sec. 2.04. Induction and meetings. The City Commission shall, at its first meeting after each general election, which shall be within three (3) days after the general election (or within thirty (30) 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 duty 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 (24) hours written notice to each member, served personally, or left at his usual place of abode; provide, however, that the requirement of such written notice may be waived at a special meeting by the unanimous vote of the Commission. In addition, special meetings of the City Commission may be called by a majority of the members of the Commission upon written notice to the City Clerk and in accordance with the procedures set forth in a resolution of the City Commission. No member of the City Commission shall, during the time for which he/she 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. 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