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R7M-Call Special Election Amend Charter Sec 2 02 - Mayor-Commission Term LimitsMIAMI BEACH City of Miami Beach1 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Jimmy L. Morales, City Manager CC: Rafael Granado, City 9 FROM: Jose Smith, City A~l;n \~. DATE: April17, 2013 SUBJECT: RESOLUTIONS CALLING FOR A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF MIAMI BEACH WHETHER MIAMI BEACH CITY CHARTER SECTION 2.02 SHOULD BE AMENDED WITH REGARD TO TERM LIMITS FOR THE MAYOR AND CITY COMMISSIONERS. Pursuant to the request of Commissioner Ed Tobin, please place the attached Resolutions on the April 17, 2013 Commission Meeting Agenda which provide two (2) alternate versions for the calling of a Special Election for the purpose of submitting to the electorate of Miami Beach a question whether Miami Beach City Charter Section 2.02 should be amended with regard to term limits for the Mayor and City Commissioners. One version establishes a maximum 14 years of service on the City Commission (i.e., 2 four (4) year terms as a Commissioner and 3 two (2) year terms as Mayor), regardless of when such service occurs. The second version prohibits more than 14 years of consecutive service on the City Commission. Agenda Item R l M Date ~-11-13 595 RESOLUTION NO.----- A RESOLUTION CALLING FOR A , 2013 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER MIAMI BEACH CITY CHARTER SECTION 2.02 SHOULD BE AMENDED TO PROVIDE THAT COMMENCING WITH THE CITY'S GENERAL ELECTION IN NOVEMBER 2013 THE "CONSECUTIVE" TERM LIMIT LANGUAGE SHALL BE DELETED, PROVIDING INSTEAD FOR TERM LIMITS OF SIX YEARS (THREE TERMS) FOR MAYOR AND EIGHT YEARS (TWO TERMS) FOR COMMISSIONER, RETAINING REMAINING PROVISIONS IN CHARTER SECTION 2.02 INCLUDING RETROACTIVE APPLICABILITY OF TERM LIMITS. 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, , 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. 596 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, Dora!, 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 DAY OF ----------' 2013, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: 2 597 TERM LIMITS OF MAYOR AND CITY COMMISSIONERS CHARTER SECTION 2.02 ESTABLISHES TERM LIMITS OF SIX CONSECUTIVE YEARS (THREE CONSECUTIVE TERMS) FOR MAYOR, AND EIGHT CONSECUTIVE YEARS (TWO CONSECUTIVE TERMS) FOR COMMISSIONER. SHALL THESE PROVISIONS BE CHANGED COMMENCING WITH CITY'S GENERAL ELECTION IN NOVEMBER 2013 TO DELETE THE "CONSECUTIVE" TERM LIMIT LANGUAGE AND PROVIDE INSTEAD TERM LIMITS OF SIX YEARS (THREE TERMS) FOR MAYOR AND EIGHT YEARS (TWO TERMS) FOR COMMISSIONER, RETAINING REMAINING PROVISIONS IN SECTION 2.02 INCLUDING RETROACTIVE APPLICABILITY OF TERM LIMITS? SECTION 7. ____ YES ____ NO That the official ballot to be used in the Special Election to be held on May 14, 2013, hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" TERM LIMITS OF MAYOR AND CITY COMMISSIONERS CHARTER SECTION 2.02 ESTABLISHES TERM LIMITS OF SIX CONSECUTIVE YEARS (THREE CONSECUTIVE TERMS) FOR MAYOR, AND EIGHT CONSECUTIVE YEARS (TWO CONSECUTIVE TERMS) FOR COMMISSIONER. SHALL THESE PROVISIONS BE CHANGED COMMENCING WITH CITY'S GENERAL ELECTION IN NOVEMBER 2013 TO DELETE THE "CONSECUTIVE" TERM LIMIT LANGUAGE AND PROVIDE INSTEAD TERM LIMITS OF SIX YEARS (THREE TERMS) FOR MAYOR AND EIGHT YEARS (TWO TERMS) FOR COMMISSIONER, RETAINING REMAINING PROVISIONS IN SECTION 2.02 INCLUDING RETROACTIVE APPLICABILITY OF TERM LIMITS? SECTION 8. ____ YES ____ NO 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. 3 598 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 ________ , 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK (Requested by Commissioner Ed Tobin) 4 599 MA TTl HERRERA BOWER, MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~-~£/" ...... )• • PROPOSED BALLOT TITLE AND BALLOT SUMMARY ------· 2013 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: TERM LIMITS OF MAYOR AND CITY COMMISSIONERS CHARTER SECTION 2.02 ESTABLISHES TERM LIMITS OF SIX CONSECUTIVE YEARS (THREE CONSECUTIVE TERMS) FOR MAYOR, AND EIGHT CONSECUTIVE YEARS (TWO CONSECUTIVE TERMS) FOR COMMISSIONER. SHALL THESE PROVISIONS BE CHANGED COMMENCING WITH CITY'S GENERAL ELECTION IN NOVEMBER 2013 TO DELETE THE "CONSECUTIVE" TERM LIMIT LANGUAGE AND PROVIDE INSTEAD TERM LIMITS OF SIX YEARS (THREE TERMS) FOR MAYOR AND EIGHT YEARS (TWO TERMS) FOR COMMISSIONER, RETAINING REMAINING PROVISIONS IN SECTION 2.02 INCLUDING RETROACTIVE APPLICABILITY OF TERM LIMITS? _____ YES _____ NO II. PROPOSED CHARTER TEXT: Section 2.02 Term 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. Commencing with the General Election in November ~ 2013 (excluding individuals holding City of Miami Beach elective office prior thereto for their unexpired terms), the term limit for Miami Beach Commissioners shall be two terms (eight consecutive years:! and the term limit for Miami Beach Mayor shall be three terms (six consecutive years} 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. The annual compensation for the Office of Commissioner shall be six thousand dollars ($6,000.00) and the compensation for the Office of Mayor shall be ten thousand dollars ($10,000.00); any increase in salary for Mayor and/or Commissioner shall require approval of a majority of the electorate voting at a City election. 5 600 RESOLUTION NO.----- A RESOLUTION CALLING FOR A , 2013 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER MIAMI BEACH CITY CHARTER SECTION 2.02 SHOULD BE AMENDED TO PROVIDE THAT COMMENCING WITH THE CITY'S GENERAL ELECTION IN NOVEMBER 2013 TERM LIMITS SET FORTH THEREIN ARE SUBJECT TO A LIFETIME BAN ON FURTHER ELECTION TO THE CITY COMMISSION FOR INDIVIDUALS WHO HAVE SERVED 14 CONSECUTIVE YEARS AS MEMBERS OF THE CITY COMMISSION, RETAINING REMAINING PROVISIONS IN CHARTER SECTION 2.02 INCLUDING RETROACTIVE APPLICABILITY OF TERM LIMITS. 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 7:00 p.m. on Tuesday, ______ , 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. 601 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 SupeNisor 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 §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 DAY OF , 2013, AT WHICH TIME THERE SHALL BE ~S~UB::-:M~I=T=TE=D:--T::-:0::-: THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: 2 602 TERM LIMITS OF MAYOR AND CITY COMMISSIONERS SHALL CHARTER SECTION 2.02 ESTABLISHING TERM LIMITS OF SIX CONSECUTIVE YEARS (THREE CONSECUTIVE TERMS) FOR MAYOR AND EIGHT CONSECUTIVE YEARS (TWO CONSECUTIVE TERMS) FOR COMMISSIONER, BE AMENDED TO PROVIDE THAT COMMENCING WITH NOVEMBER 2013's GENERAL ELECTION SAID TERM LIMITS ARE SUBJECT TO A LIFETIME BAN ON FURTHER ELECTION TO THE CITY COMMISSION FOR INDIVIDUALS WHO SERVED 14 CONSECUTIVE YEARS AS COMMISSION MEMBERS, RETAINING REMAINING PROVISIONS IN CHARTER SECTION 2.02 INCLUDING RETROACTIVE APPLICABILITY OF TERM LIMITS? SECTION 7. ____ YES ____ NO That the official ballot to be used in the Special Election to be held on. ______ , 2013, hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" TERM LIMITS OF MAYOR AND CITY COMMISSIONERS SHALL CHARTER SECTION 2.02 ESTABLISHING TERM LIMITS OF SIX CONSECUTIVE YEARS (THREE CONSECUTIVE TERMS) FOR MAYOR AND EIGHT CONSECUTIVE YEARS (TWO CONSECUTIVE TERMS) FOR COMMISSIONER, BE AMENDED TO PROVIDE THAT COMMENCING WITH NOVEMBER 2013's GENERAL ELECTION SAID TERM LIMITS ARE SUBJECT TO A LIFETIME BAN ON FURTHER ELECTION TO THE CITY COMMISSION FOR INDIVIDUALS WHO SERVED 14 CONSECUTIVE YEARS AS COMMISSION MEMBERS, RETAINING REMAINING PROVISIONS IN CHARTER SECTION 2.02 INCLUDING RETROACTIVE APPLICABILITY OF TERM LIMITS? ____ YES ____ NO 3 603 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 ________ , 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK (Requested by Commissioner Ed Tobin) 4 604 MATT! HERRERA BOWER, MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION PROPOSED BALLOT TITLE AND BALLOT SUMMARY ______ , 2013 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: TERM LIMITS OF MAYOR AND CITY COMMISSIONERS SHALL CHARTER SECTION 2.02 ESTABLISHING TERM LIMITS OF SIX CONSECUTIVE YEARS (THREE CONSECUTIVE TERMS) FOR MAYOR AND EIGHT CONSECUTIVE YEARS (TWO CONSECUTIVE TERMS) FOR COMMISSIONER, BE AMENDED TO PROVIDE THAT COMMENCING WITH NOVEMBER 2013's GENERAL ELECTION SAID TERM LIMITS ARE SUBJECT TO A LIFETIME BAN ON FURTHER ELECTION TO THE CITY COMMISSION FOR INDIVIDUALS WHO SERVED 14 CONSECUTIVE YEARS AS COMMISSION MEMBERS, RETAINING REMAINING PROVISIONS IN CHARTER SECTION 2.02 INCLUDING RETROACTIVE APPLICABILITY OF TERM LIMITS? ____ YES _____ NO II. PROPOSED CHARTER TEXT: Section 2.02 Term 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. Commencing with the General Election in November ~ 2013 (excluding individuals holding City of Miami Beach elective office prior thereto for their unexpired terms), the term limit for Miami Beach Commissioners shall be two consecutive terms {eight consecutive yearsj and the term limit for Miami Beach Mayor shall be three consecutive terms (six consecutive years) respectively, measured retroactively from their first elections.. said terms not including subject to a lifetime ban on further election to the City Commission for any individual who has served 14 consecutive years as a member of the City Commission. The term limits and lifetime ban set forth hereinabove shall not include 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. The annual compensation for the Office of Commissioner shall be six thousand dollars ($6,000.00) and the compensation for the Office of Mayor shall be ten thousand dollars ($1 0,000.00); any increase in salary for Mayor and/or Commissioner shall require approval of a majority of the electorate voting at a City election. 5 605 THIS PAGE INTENTIONALLY LEFT BLANK 606