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R7R-Call Nov 4 Special Election - Filling Of Vacancy Caused By Resignationa:MIAAf,IBEACH OFFICE OF THE CITY ATTOR,NEY RAUI J. AGUILA, CITY ATTOR.NEY COMMISSION MEMORANDUM TO: MAYOR PHILIP LEVINE MEMBERS OF THE CIry COMMISSION GIry MANAGER JIMMY MORALES FRoM: RAUL J. AGUILAZ.I.C* [- CITY ATTORNEY DATE: JULY 23,2014 SUBJECT: RESOLUTION CALLING NOVEMBER 4, 2014 SPECIAL ELECTION: AMENDMENT TO GITY CHARTER SECTION 2.07 GOVERNING PROCEDURES FOR THE FILLING OF VACANCIES !N THE CITY GOMMISSION. The attached Resolution has been prepared calling for a City of Miami Beach Special Election to be held on November 4,2014 for the purpose of submitting to the City's voters the following ballot question: Shall City Chafter Section 2.07 establishing procedures for the filling of vacancies in the City Commission be amended to establish procedures for the filling of a vacancy caused by resignation of a City Commission member, and to provide that if the City Commission chooses not to fill a vacancy by appointment then provisions related to a Special Election to fill the vacancy shall be established in the City resolution calling said Special Election? This Charter amendment is being presented for placement on a City ballot in order to address issues previously faced by the City in filling vacancies in the City Commission. Specifically, although Charter section 2.07 currently establishes a procedure for the filling of such vacancy (via Commission appointment or electorate vote), its language has presented obstacles to the City's ability to conduct such elections on a date concurrent with the City's regularly-scheduled General Election; inasmuch as the vacancies that were the subject of these scheduling issues all stemmed from the filing of an incumbent City Commission member's resignation, the proposed Charter amendments primarily address specific procedures for filling vacancies in the Commission so caused by an incumbent's resignation. Finally, pursuant to directive of the Miami-Dade County Elections Department, the final date by which the City may adopt its Resolution placing a ballot measure on the November 4,2014 ballot is August 5, 0214. Accordingly, this matter is timely presented to the City Commission and adoption of the attached Resolution may take place at today's meeting. Agenda ttem AJ R Date '7 -)*l{1008 RJA/JO RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 4, 2014 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER CITY CHARTER SECTION 2.07 ESTABLISHING PROCEDURES FOR THE FILLING OF VACANCIES IN THE CIry COMMISSION SHOULD BE AMENDED TO ESTABLISH PROCEDURES FOR THE FILLING OF A VACANCY CAUSED BY RESIGNATION OF A MEMBER OF THE CITY COMMISSION, AND TO PROVIDE THAT IF THE CITY GOMMISSION CHOOSES NOT TO FILL A VACANCY BY APPOINTMENT, THEN PROVISIONS RELATED TO A SPECIAL ELECTION TO FILL SAID VACANCY SHALL BE ESTABLISHED IN THE CITY RESOLUTION CALLING SAID SPECIAL ELECTION. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. ln 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 4, 2014, 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 as determined by the Miami-Dade County Election Officials as set forth in the attached Exhibit "A". 1009 SECTION 4. Not less than thirty days notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 5. 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 CIry FROM 7:OO A.M. UNTIL 7:OO P.M. ON THE 4TH DAY OF NOVEMBER, 2014, AT WHICH TIME THERE SHALL BE SUBM]TTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: Citv Charter Section 2.07: Amendinq Procedures for Fillinq of Vacancv in Gitv Commission. Shall City Charter Section 2.07 establishing procedures for the filling of vacancies in the City Commission be amended to establish procedures for the filling of a vacancy caused by resignation of a City Commission member, and to provide that if the City Commission chooses not to fi!! a vacancy by appointment then provisions related to a Special Election to fill the vacancy shall be established in the City resolution calling said Special Election? Said Notice shall further set forth the several polling places in the election precincts as established in accordance with Section 3 hereof, and shall further set forth pertinent information regarding eligibility of electors to participate in said elections. Yes No 1010 SECTION 6. That the official ballot to be used in the Special Election to be held on November 4, 2014, hereby called, shall be in substantially the following form, to-wit: ..OFFICIAL BALLOT" Citv Gharter Section 2.07: Amendinq Procedures for Fillinq of Vacancv in Citv Commission. Shall City Charter Section 2.07 establishing procedures for the filling of vacancies in the City Commission be amended to establish procedures for the filling of a vacancy caused by resignation of a City Commission member, and to provide that if the City Commission chooses not to fill a vacancy by appointment then provisions related to a Special Election to fi!! the vacancy shall be established in the City resolution calling said Special Election? Yes No SECTION 7. The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. SECTION 8. 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. The Miami-Dade County Supervisor of Elections will register voters for this Special Election until 5:00 p.m. on _, 2014. All persons eligible to vote at this Special Election must be registered before the time and date set forth herein or have registered previously, as provided by law. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning 1011 it to the Miami-Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 27OO N.W. 87th Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 10. 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 11. lf 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 12. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this ATTEST: day of ,2014. PHILIP LEVINE MAYOR SECTION 9. That the absentee voters participating in said their ballots in accordance with the provisions of the to absentee voting. RAFAEL E. GRANADO CITY CLERK RJA/JO Special Election shall be entitled to cast Laws of the State of Florida with respect APPRO/EDA9TO FORM & IANGUAGE EFORE)(ECUTp0{ ai l I l''ra4 Data 1012 GITY CHARTER SECTION 2.07: PROPOSED BALLOT QUESTION AND AMENDED CITY CHARTER TEXT NOVEMBER 4, 2014 SPECIAL ELECTION. I. PROPOSED BALLOT QUESTION: Citv Charter Section 2.07: Amendinq Procedures for Fillino of Vacancv in Citv Commission. Shall City Charter Section 2.07 establishing procedures for the filling of vacancies in the City Commission be amended to establish procedures for the filling of a vacancy caused by resignation of a City Commission member, and to provide that if the City Commission chooses not to fill a vacancy by appointment then provisions related to a Special Election to fill the vacancy shall be established in the City resolution calling said Special Election? II. PROPOSED AMENDED CIry CHARTER TEXT: City of Miami Beach Charter, Section 2.07'."Vacancies in eCity eCommission." Any vacancy occurring in the City Commission shall be filled as follows: A) Vacancv for Reasons other than Resiqnation of a Member of the Citv Commission. The Citv Commission shall fill said vacancv by the vote of the majority of the remaining members of the City Commission within 30 davs after the vacancv occurs and with the appointee serving the remainder of the unexpired term until the next succeeding gGeneral City ellection, and with any further remainder of said unexpired term to be filled by a Commissione+ member elected at said gGeneral efllection;. i[ the remaining members of the City Commission shall fail or refuse to fill such vacancy within said 30 days period, thenasSpeciale!lectionshallbecalledandtobeheldwithin 90 davs after expiration of the subiect 30 dav period to elect a Commissioner member to fill such vacancy for the remainder of the unexpired term. E) Vacancv Due to Resiqnation of a Member of the Citv Commission. 1. Fillinq Vacancv bv Appointment. The Citv Commission shall fill said vacancv bv vote of the remaininq members of the Citv Commission within 30 davs from submittal of the resioninq member's written resionation to the Citv Clerk. a) lf the member's resionation was filed pursuant to Section 99.102. Florida Statutes. then the appointee shall serve the remainder of the member's unexpired term commencino on a date no earlier than the date the resiqninq member would take office. if elected and shall serve until the next succeedinq General Citv Election with anv further remainder of the unexpired term to be filled bv a Citv Commission member elected at such General Election. b) lf the member's resiqnation was not filed pursuant to Section 99.012. Florida Statutes. then the appointee shall serve the remainder of the member's unexpired term commencino on a date no earlier than the subiect resiqnation's effective date. and shall serve until the next succeedinq General Citv Election with anv further remainder of the unexpired term to be filled bv a Citv Commission member elected at such General Election. c) For purposes of this section. a member who submits his or her resiqnation in Yes No 1013 order to qualifv as a candidate for another public office. where such resiqnation is effective immediatelv or effective on a date which is prior to the date of the member qualifvino for the office he or she intends to seek. shall not be deemed to have filed such resiqnation pursuant to Section 99.012. Florida Statutes, in which event the procedures established in subsection (B)1(b) above shall applv. 2. Fillino Vacancv bv Election. lf the remainino members of the Citv Commission shall fail or refuse to fill a vacancv within the 30 dav-period set forth in subsection (B)1 above. then a Special Election shall be called to be held within 120 davs after the expiration of such 30 dav period to elect a Citv Commission member to fill such vacancv for the remainder of the unexpired term: provided, however, that if a Citv General or Countv-wide election is scheduled to be held within 180 davs after such 30 dav period has expired. the Citv Commission mav defer the required Special Election until such Citv General or Countv-wide election. a) Anv person who has been elected to fill a vacancv on the Citv Commission dueto resionation of a Commission memberfiled pursuantto Section 99.012. Florida Statutes. shall be installed and take office no earlier than the date the resionino member would take office, if elected. b) Anv person who has been elected to fill a vacancv due to a resiqnation not filed pursuant to Section 99.012. Florida Statutes. shall be installed and take office no earlier than the effective date set forth in the subiect resionation. c) For purposes of this section. a member who submits his or her resiqnation in order to qualifv as a candidate for another public office. where such resionation is effective immediatelv or effective on a date which is prior to the date of the member qualifvinq for the office he or she intends to seek. shall not be deemed to have filed such resiqnation pursuant to Section 99.012. Florida Statutes, in which event the orocedures established in subsection (B)2(b) above shall applv. d) Provisions related to a Special Election called pursuant to this section, includino the qualifvinq oeriod and Runoff election (if required). shall be established in the Citv Resolution callinq the Special Election. 1014 THIS PAGE INTENTIONALLY LEFT BLANK 1015