2007-26598 ResoSUBSTITUTE RESOLUTION -- AGENDA
ITEM R7C
RESOLUTION NO. 2007-26598
A RESOLUTION CALLING FOR A NOVEMBER 6, 2007 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING
WHETHER A MAJORITY VOTE OF CITY ELECTORS SHOULD BE
REQUIRED PRIOR TO ENACTING ANY CHANGE TO THE CITY OF
MIAMI BEACH CODE OF CONDUCT CONTAINED IN CITY CODE
CHAPTER 2, ARTICLE VII, WHICH CHANGE (THROUGH EXEMPTION,
REPEAL OR OTHERWISE) CREATES LESS STRINGENT STANDARDS
OF CONDUCT.
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 beheld in the City of
Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 6, 2007, 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.
1
SUBSTITUTE RESOLUTION -- AGENDA
ITEM R7C
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 Ha11,1700 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, 111
Northwest lst Street, Suite 112, Miami, Florida 33130; Mailing Address: P.O. Box 521550, Doral,
Florida 33152-1550; Telephone: (305)375-5553.
CF.f Ti(1N S
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 § 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 6TH DAY OF NOVEMBER, 2007, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
2
SUBSTITUTE RESOLUTION -- AGENDA
ITEM R7C
PUBLIC VOTE REQUIRED PRIOR TO ENACTING LESS STRINGENT
STANDARDS TO CITY'S CODE OF CONDUCT
CITY CODE CHAPTER 2, ARTICLE VII, ESTABLISHES A CODE OF ETHICAL
CONDUCT APPLICABLE TO CITY OFFICERS, EMPLOYEES, AND AGENCY
MEMBERS, LOBBYISTS AND CITY VENDORSBIDDERS, AND FURTHER
ESTABLISHES CAMPAIGN FINANCE LAWS; SHALL THE CHARTER BE
AMENDED TO REQUIRE A MAJORITY VOTE OF THE CITY ELECTORS
BEFORE ENACTING ANY CHANGE TO THIS CODE OF CONDUCT, WHICH
CHANGE (THROUGH EXEMPTION, REPEAL OR OTHERWISE) CREATES LESS
STRINGENT STANDARDS OF CONDUCT?
YES
NO
SECTION 7.
That the official ballot to be used in the Special Election to be held on November 6, 2007, hereby called,
shall be in substantially the following form, to-wit:
"OFFICIAL BALLOT"
PUBLIC VOTE REQUIRED PRIOR TO ENACTING LESS STRINGENT
STANDARDS TO CITY'S CODE OF CONDUCT
CITY CODE CHAPTER 2, ARTICLE VII, ESTABLISHES A CODE OF ETHICAL
CONDUCT APPLICABLE TO CITY OFFICERS, EMPLOYEES, AND AGENCY
MEMBERS, LOBBYISTS AND CITY VENDORSBIDDERS, AND FURTHER
ESTABLISHES CAMPAIGN FINANCE LAWS; SHALL THE CHARTER BE
AMENDED TO REQUIRE A MAJORITY VOTE OF THE CITY ELECTORS
BEFORE ENACTING ANY CHANGE TO THIS CODE OF CONDUCT, WHICH
CHANGE (THROUGH EXEMPTION, REPEAL OR OTHERWISE) CREATES LESS
STRINGENT STANDARDS OF CONDUCT?
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.
SUBSTITUTE RESOLUTION -- AGENDA
ITEM R7C
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
PASSED and ADOPTED this 11th day of
ATTEST:
U
CITY CLERK Robert Parcher
my / /J f ; 2007.
David Dermer
.~'~~tJVE~? A,S ~
•~R11A 8 L~~~
~~ FflR EXECl3TTlt)1~1
(Requested by Mayor David Dermer)
F:\alto\OLIJ\ELECTION\RESO\Creating Exemptions to Code of Conduct.doc
4
SUBSTITUTE RESOLUTION -- AGENDA
ITEM R7C
PROPOSED BALLOT QUESTION AND TEXT -
NOVEMBER 6, 2007 SPECIAL ELECTION
I. PROPOSED BALLOT QUESTION:
PUBLIC VOTE REQUIRED PRIOR TO ENACTING LESS STRINGENT
STANDARDS TO CITY'S CODE OF CONDUCT
CITY CODE CHAPTER 2, ARTICLE VII, ESTABLISHES A CODE OF
ETHICAL CONDUCT APPLICABLE TO CITY OFFICERS, EMPLOYEES,
AND AGENCY MEMBERS, LOBBYISTS AND CITY VENDORSBIDDERS,
AND FURTHER ESTABLISHES CAMPAIGN FINANCE LAWS; SHALL THE
CHARTER BE AMENDED TO REQUIRE A MAJORITY VOTE OF THE
CITY ELECTORS BEFORE ENACTING ANY CHANGE TO THIS CODE OF
CONDUCT, WHICH CHANGE (THROUGH EXEMPTION, REPEAL OR
OTHERWISE) CREATES LESS STRINGENT STANDARDS OF CONDUCT?
YES
NO
II. PROPOSED CHARTER TEXT:
Section 1.05. Public Vote Required Prior to Enacting`Less Stringent Standards to City's Code
of Conduct
Andchange to the City of Miami Beach code of conduct, set forth in City Code Chapter
2 Article VII, whether through exemption, repeal or otherwise, which creates less stringent
standards of conduct shall first be approved b~ majority vote of the electors of the City of
Miami Beach.
***
F:\atto\OLIJ\ELECTION\Nov 6 2007 Special Election -Proposed Ballot Question and Text.doc
OFFICE OF THE CITY ATTOflNEY
• •
f L 0 R I D A
JOSE SMITH
City Attorney
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Telephone: (305) 673-7470
Facsimile: (305) 673-7002
COMMISSION MEMORANDUM
TO:
MAYOR DAVID DERMER,
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE M. GONZALEZ
DATE: July 11, 2007
FROM:
SUBJECT:
JOSE SMITH
CITY ATTORNEY
A RESOLUTION CALLING FOR A NOVEMBER 6, 2007 SPECIAL ELECTION,
FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH A QUESTION ASKING WHETHER A MAJORITY VOTE OF
CITY ELECTORS SHOULD BE REQUIRED PRIOR TO ENACTING ANY
CHANGE TO THE CITY OF MIAMI BEACH'S CODE OF CONDUCT
CONTAINED IN CITY CODE CHAPTER 2, ARTICLE VII, WHICH CHANGE
(THROUGH EXEMPTION, REPEAL OR OTHERWISE) CREATES LESS
STRINGENT STANDARDS OF CONDUCT THAN EXIST ON THIS CHARTER
AMENDMENT'S ADOPTION DATE.
Pursuant to the request of Mayor David Dermer, the attached Resolution has been drafted calling for a
November 6, 2007 Special Election to consider the following ballot question amending the Miami Beach City
Charter:
PUBLIC VOTE REQUIRED PRIOR TO ENACTING LESS STRINGENT
STANDARDS TO CITY'S CODE OF CONDUCT
CITY CODE CHAPTER 2, ARTICLE VII, ESTABLISHES A CODE OF ETHICAL
CONDUCT APPLICABLE TO CITY OFFICERS, EMPLOYEES, AND AGENCY
MEMBERS, LOBBYISTS AND CITY VENDORS/BIDDERS, AND FURTHER
ESTABLISHES CAMPAIGN FINANCE LAWS; SHALL THE CHARTER BE
AMENDED TO REQUIRE A MAJORITY VOTE OF THE CITY ELECTORS
BEFORE ENACTING ANY CHANGE TO THIS CODE OF CONDUCT, WHICH
CHANGE (THROUGH EXEMPTION, REPEAL OR OTHERWISE) CREATES
LESS STRINGENT STANDARDS OF CONDUCT THAN EXIST ON THIS
CHARTER AMENDMENT'S ADOPTION DATE?
YES
No Agenda Item 7L-
The attached Resolution is in proper form and is thus ready for the City Commi; Date
1700 Convention Center Drive -- Fourth Floor -- Miami Beach, _ 7- ~/-y7
F:\atto\OLIJ\ELECTION\RESO\CMEMO\Creating Exemptions to Code of Conduct.doc
SIIPPLII~NTAL AGIIdDA
OFFICE OF THE CITY ATTORNEY
~~
l 0 R
JOSE SMITH
City Attorney
TO: MAYOR DAVID DERMER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JO GE GONZALEZ
FROM: JOSE SMITH
CITY ATTORNE
D A
Telephone: (305) 673-7470
Facsimile: (305) 673-7002
DATE: JULY 1 ~~ 2007
SUBJECT: SUBSTITUTE RESOLUTION -- AGENDA ITEM R7C
Pursuant to a suggestion raised by Commissioner Steinberg at agenda review, the attached Substitute
Resolution is hereby submitted re: Agenda Item R7C. By deleting the measure's applicability to City
Standards of Conduct in effect "...on this Charter amendment's adoption date," the Substitute Resolution
clarifies and confirms the intent of the proposed ballot measure to require voter approval prior to any
change to the City's Code of Conduct which creates less stringent conduct standards.
JO/sc
F:\atto\OLIJ\ELECTION\RESO\CMEMO\Substitute Resolution -- Agenda Item R & C.doc
1700 Convention Center Drive -- Fourth Floor -- Miami Beach,
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COMMISSION MEMORANDUM
Agenda Item ~~ ~,
Date ? ~ ~ -O
m MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
CC: Jose Smith, City Attorney
wer ~~rnUnE',~ ~U~-- ~ ~~~
FROM: Commissioner Matti H Bo t~~L~,~?
DATE: June 22, 2007
SUBJECT: Co-sponsor Mayor Dermer's Resolution calling for a Special Election on the
City's Code of Conduct
This is to inform you that I would like to co-sponsor Mayor Dermer's Resolution which has been
placed on the July 11, 2007 City Commission Agenda, calling for a special election on the City's
Code of Conduct.
am attaching copy of said Resolution.
I thank you in advance for your cooperation in this matter. If you have any questions please do
not hesitate to contact my Aide Yvonne at extension 6091.
Thank you.
MHB/yws
1 ,., ,. ~ 7
We are committed to providing excellent public service and safey to all who live, work, and play in our vibrant, tropicol, historic community.
`'~ 1
G~~Ai 8fgc~ Jay
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City of Miami Beach
Office of Mayor David Dermer
FOR IMMEDIATE RELEASE
June 21, 2007
Contact:
A.C. Weinstein
John Heffernan
305.673.7035
MIAMI BEACH MAYOR CALLS FOR NOVEMBER 6t"
SPECIAL ELECTION TO PRESERVE CITY'S HIGH
STANDARD OF ETHICS LEGISLATION
(Miami Beach, FL) -June 21, .2007 -Miami Beach Mayor David Dermer
has placed a resolution on the July 1 i commission meeting agenda calling for a
November 6, 2007 special election for the purpose of preserving and protecting
the City's high standard of ethics legislation. Approval of the ballot question with
a "YES" vote on November 6 will then require a majority vote of the electorate
prior to any lowering or weakening of the ethics legislation by any future
commission.
Over the past decade, the City of Miami Beach has passed some of the strongest
ethics legislation in the country. These laws include: the barring of conflicts of
interest; requiring lobbyist registration; reforming campaign finance; as well as
protecting the integrity of the procurement process.
"It is extremely important to preserve the high 'good government' standards for the
future. This charter amendment will require a public vote prior to any future
commission endeavoring to weaken or lower ethical standards," Mayor David
Dermer stated.
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