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Res No 033-22-15786RESOLUTION NO. 033-22-15786 A Resolution instructing the City Attorney to draft ballot questions for the Tuesday, November 8, 2022, general election, to amend Article II, Sections 2, 4, 5 and 6 and to amend Article V, Sections 2, 4 and 5.C. of the City Charter. WHEREAS, Article II, Section 2 of the City Charter provides that the Vice Mayor is chosen every two years based on the largest number of votes received by a candidate for City Commissioner; however, there is no provision for a vacancy in the office of Vice Mayor, as there is when there is a vacancy in the office of Mayor and City Commissioner; and WHEREAS, Article II, Section 4. Vacancies, B. 1., B. 2., B. 5. and B. 6. require special elections under certain circumstances when there is a vacancy in the office of Mayor and City Commissioner but the requirement for when these special elections occur is in conflict with the Miami-Dade County election rules; and WHEREAS, Article II, Section 5., C. of the City Charter, requires that there be two regular meetings of the City Commission each month, whether or not they are needed to conduct City business; and WHEREAS, currently Article II, Section 6, subsection D (Voting Procedure) of the City Charter requires five out of five votes in order to make land use and development regulations less restrictive throughout the City, other than in the City's Commercial Core; and WHEREAS, a simple majority of three out of five City Commission members can enact a land use or development regulation that is more restrictive, but once the change has occurred, the current Charter would require five votes to make that legislation less restrictive; and WHEREAS, due to the current Charter voting requirements, one member of the City Commission could block the desire of a super majority of the City Commission (4 out of 5 members) to make development regulations less restrictive in areas of the City that are outside of the Commercial Core; and WHEREAS, Article V, Section 2. A. limits the term of the Mayor to two years and the City Commission desires to increase the term of the Mayor to four years; and WHEREAS, Article V, Section 4 provides for runoff election when there is a tie vote and the time set for the runoff election is too short and conflicts with the County election rules; and WHEREAS, Article V, and Section 5. C. which provides for the installation of elected officers does not take into account any delays due to the certification of the election results; and Page 1 of 3 Res. No. 033-22-15786 WHEREAS, the City Commission desires to add ballot questions to the ballot for the November 8, 2022 general election. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. Section 2. The City Attorney is hereby instructed to draft a ballot question for the November 8, 2022 general election for the purpose of asking the City's electorate: a. Whether to amend Article II, Section 2 of the City Charter to authorize the City Commission to fill the office of Vice Mayor if there is a permanent vacancy in that office and until the office of Vice Mayor is filled at the next general election. b. Whether to amend Article II, Section 4. Vacancies, Bl, B2, BS and B6 of the City Charter concerning the filling of vacancies by special election should be amended to conform to the County election rules for holding elections no earlier than 60 days nor more than 120 days from the date of the vacancy. The existing Charter requires special elections in one instance to be instigated no30 to 45 days and no later than 60 days from the date of the vacancy. c. Whether to amend Article II, Section 5., C. of the City Charter, reducing the required number of commission meetings to one each month or as needed (Manager's Office) d. Whether to amend Article II, Section 6, subsection D Voting Procedure, of the City Charter, to reduce the number of votes of the City Commission needed in order to amend any land uses or any development regulations to make them less restrictive in any way City-wide by reducing it from 5/5 to 4/5. e. Whether to amend Article V, Section 2. General Elections A. of the City Charter, to change the Mayor's term in office from two years to four years. f. Whether to amend Article V, Section 4. Runoff Elections of the City Charter, to change the time in Section 4 for the runoff election from 30 to 60 days of the date that the initial vote is canvassed. g. Whether to amend Article V, and Section 5. C. to clarify that the installation of elected officials is the day following the certification of official results. Page 2 of 3 Res. No. 033-22-1 5786 Section 3. Corrections. Conformin g language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resol ution for signa t u re. Section 4. Sever ability. If any sectio n claus e, se nten ce, or phra se of this resolut i on i s for any reason held in valid or unconstitutional by a court of competent jurisdiction, the holding wi ll not affect the validity of the remain i ng portions of this resoluti on. Section 5. Effe ctive Date. This resolution w ill become effective imm e d iately upon adoption by v ote of the City Commission . PASSED AND AD O PTED this 15 th day of March, 2022. ATTEST: APPROV ED: READ AND APPROVED AS TO FORM: COMM IS SION VOTE: 5-0 Mayor Phi li ps: Y ea Comm issi one r Harris: Yea Comm issi oner Gil : Yea Comm iss ione r Li ebman: Yea Comm issio ner Corey: Yea Page 3 o f 3 Agenda Item No:6. City Commission Agenda Item Report Meeting Date: March 15, 2022 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Resolution Agenda Section: Subject: A Resolution instructing the City Attorney to draft ballot questions for the Tuesday, November 8, 2022, general election, to amend Article II, Sections 2, 4, 5 and 6 and to amend Article V, Sections 2, 4 and 5.C. of the City Charter. 3/5 (Commissioner Liebman) Suggested Action: Attachments: Reso_-_Instructing_City_Attorney_To_Draft_4_Charter_Amendment_ballot_Q.docx Excerpts_of_proposed_Sections_to_be_changed.docx 1 Page 1 of 4 Text of Charter to be amended. ARTICLE II SECTION 2. Mayor The Mayor shall preside at meetings for the City Commission and shall be recognized as Head of the City government for ceremonial purposes. The Vice-Mayor shall serve for a two (2) year term and shall be the Commissioner receiving the greatest number of votes in the preceding general election. However, if there is a permanent vacancy in the office of Vice Mayor-Mayor, or if there is a temporary vacancy of more than 30 days, the City Commission may fill the vacant office of Vice Mayor until the office of Vice Mayor is filled at the next general election or, in the case of a temporary vacancy, until the elected Vice Mayor returns from the temporary absence. *** SECTION 4. Vacancies *The Office of a Commissioner shall become vacant upon his or her death, resignation, removal from office in any manner authorized by law, or by forfeiture of his or her office. B. Filling of Vacancies. 1. Any vacancy on the Commission, which occurs for less than nine months before the next general election shall be filled for the unexpired term by the Commission within 30 days from the date of the vacancy. If the Commission fills the vacancy within the prescribed time, the person appointed by the Commission shall serve in that capacity only until the next general election. If the Commission fails to make the appointment within 30 days, the vacancy shall be filled by a regular or special election to be held no less than 45 60 days nor more than 60 120days from the date of the vacancy. In the event a Commission member resigns to run for the office of Mayor, the Commission shall notify the City Clerk in writing of his or her intention to qualify for that office no later than 15 days before the beginning of qualification for the next election. 2. In the event a vacancy occurs more than nine months prior to the next general election, the Commission shall have no power to fill the vacancy and the unexpired term shall be filled by a special election being held not less than 30 60 days nor more than 60 120 days after the vacancy exists. *** 5 Page 2 of 4 5. If at any time the membership on the City Commission is reduced to less than four members because of suspension, removal or forfeiture of office, the remaining members of the Commission shall, by majority vote, appoint additional interim Commission members and shall schedule a special election to be held no less than 30 60 days nor more than 60 120 days after the loss of a quorum to fill any vacancy that exists for more than nine months prior to the next general election. 6. In the event that all members of the City Commission are removed by death, resignation, suspension, removal, or forfeiture of office, the Governor of the State of Florida shall appoint an interim City Commission and the City Clerk shall schedule a special election to be held not less that 30 60 days nor more than 60 120 days after the occurrence of the last vacancy to fill all vacancies that exist for more than nine months prior to the next general election. *** SECTION 5. Meetings A. Attendance. All meetings of the City Commission shall be public with the exception of properly called Executive Session meetings. (Amended 2/11/14) B. Special Meetings. Special meetings may be held upon call by the Mayor or three or more Commissioners. Written notice of the meeting shall be delivered to the members of the Commission by the City Clerk not less than 24 hours before the meeting is held. No business shall be transacted at any special meeting other than that for which the meeting was called. The 24- hour time limit may be waived in time of public emergency affecting life, health, property or safety. (Amended 2/8/00) C. Regular Meetings. The Commission shall meet regularly at such times and places as may be prescribed by its rules but not less frequently than twice once each month. SECTION 6, *** D. Voting Procedure, 1. Requirements for Adoption. All resolutions or ordinances shall be adopted by no less than three affirmative votes of the City Commission. Except as otherwise provided in this Charter, four affirmative votes of the City Commission shall be required in the following instances: To issue bonds or borrow money To grant, renew or amend any lease or franchises 6 Page 3 of 4 To transfer title to property To appropriate or expend non-budgeted funds To approve an initiatory ordinance pursuant to Article V To amend land use and development regulations in any manner in the City's Commercial Core which is defined as the area encompassed by the following roadways: from the point of beginning at SW 62nd Avenue and US1, then north on SW 62nd Avenue to SW 69th Street, then east to SW 59th Place, then north to SW 68th Street, then east to SW 57th Avenue, then south to SW.74th Street, then west to SW 61st Avenue, then west to US1, then southwest on US1 to the point of beginning. Except as otherwise provided in this Charter, five affirmative votes of the City Commission shall be required to approve the actions indicated below: To amend land use and development regulations in any manner to make them less restrictive in all areas of the City, other than in the City’s Commercial Core, as defined above To issue bonds or borrow money in excess of five percent of the city’s current operating budget Article V. SECTION 2. General Elections A. Time General elections for the Commission will be held on the same day as the national general elections, commencing in 2022, and thereafter in each even year, at which time the Mayor will be elected to a term of two four years and two Commissioners will be elected to terms of four years. SECTION 4. Runoff Elections In the event of a tie vote, runoff elections shall be held, if necessary, within thirty Sixty (30) (60) days from the date of the canvass of the votes cast at the regular elections. SECTION 5. Procedures A. Provisions The City Commission shall provide, by ordinance, for the procedures of elections not inconsistent with State law. B. Canvassing Board Upon the closing of the polls and the casting of the ballot by the last person then entitled to vote, the Canvassing Board, comprised of the City Attorney, or his or her designee, County Supervisor of Elections, or his or her designee, and the City Clerk, or his or her designee shall publicly record the results of the election and proceed to tabulate the absentee ballots and certify the results. 7 Page 4 of 4 C. Installation At 8:00 P.M. on the day following the certification of official results of any City election in the City of South Miami, the Commission shall meet in special session for the sole purpose of receiving the certified report of the Canvassing Committee and thereupon the installing officer, selected by the duly elected incoming Mayor, shall install the newly elected Mayor and Commission members after they shall have taken the prescribed oath of office 8