R7R-Call Nov 4 Special Election - Filling Of Vacancy Caused By Resignationav MIAMIBEACH
OFFI€E OF THE CITY ATTORNEY
RAUL J. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
GIry MANAGER JIMMY II'IORALES
FRoM: RAUL J. AGUILAZ^IC* ' l-
CITY ATTORNEY
DATE: JULY 23,2014
SUBJECT: RESOLUTION CALLING NOVEMBER 4, 2014 SPECIAL ELECTTON: AMENDMENT
TO CITY CHARTER SECTION 2.07 GOVERNING PROCEDURES FOR THE FILLING
OF VACANCIES IN THE CITY COMMISSION.
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 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 fillthe 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 ltem
Date
AlR1)+t{1008
RJA/JO
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMT
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 ESTABLTSHING PROCEDURES FOR THE FILLING OF VACANCIES IN THE
CITY 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 COMMISSION
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".
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sEcTtoN 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.
sEcTroN 5.
The Notice of Election shall be substantially in the following form:
THE C!ry 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:OO
A.M. UNTIL 7:OO P.M. ON THE 4TH DAY OF NOVEMBER, 2014, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
GiW Charter Section 2.07:
Amendins Procedures for Fillins of Vacancv in Gitv Gommission.
Shall City Charter Section 2.07 establishing procedures for the filling of vacancies in the
Gity Gommission 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 Gity 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
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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 Charter 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 Gity
Gommission 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?
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.
sEcTtoN 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
Yes
No
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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 9.
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 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
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in
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 day of
ATTEST:
,2014.
PH!LIP LEVINE
MAYOR
be
no
RAFAEL E. GRANADO
CITY CLERK
RJA/JO
AI'PROVEDASTO
FORM &IANGUAGE
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CiU AuorneY Data
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CITY CHARTER SEGTION 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?
I!. PROPOSED AMENDED CITY CHARTER TEXT:
City of Miami Beach Charter, Section 2.07 i'Vacancies in eQity eQommission."
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 gQeneral City eflection, and with
any further remainder of said unexpired term to be filled by a Commissioner member elected at said
gQeneral ellection; if the remaining members of the City Commission shall fail or refuse to fill such
vacancy within said 30 days period,
thenas$peciale!lectionshaIlbecalledandtobeheldwithin
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.p) 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 resiqnino
member's written resisnation 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 commencinq on
a date no earlier than the date the resiqninq member would take office. if elected and shall serve until
the next succeedino General Citv Election with any 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 succeedino
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
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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 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 resiqninq 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 resionation 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 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)2(b) above shall applv.
d) Provisions related to a Special Election called pursuant to this section.
includinq the qualifvinq period and Runoff election (if required), shall be established in the Citv
Resolution callinq the Special Election.
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