12-08-09 Item 161
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
ELECTIONS; PROVIDING FOR DELEGATION OF
RESPONSIBILITY OF THE CANVASSING COMMITTEE FOR
THE FEBRUARY 9, 2010 GENERAL AND SPECIAL
ELECTIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, article V, section 5B of the city charter provides that the
canvassing committee "shall record the results of the election and proceed to
tabulate the absentee ballots and certify the results "; and,
WHEREAS, the canvassing committee is comprised of a majority of the
city commission and the city clerk; and,
WHEREAS, a majority of the city commission are candidates in the
election which scheduled for February 9, 2010, and one or more of the remaining
commissioners might be actively supporting a candidate; and,
WHEREAS, the participation of commissioners as candidates or their
involvement in actively supporting the campaign of a candidate creates a conflict
of interest with their duties as members of the canvassing committee; and,
WHEREAS, the Mayor and City Commission desire to avoid a conflict of
interest and to maintain the integrity of the election process, and, therefore, desire
to designate a disinterested government official to exercise their duties as
members of the canvassing committee.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. Members of the city commission will not participate as
members of the canvassing committee in the February 9, 2010 election. The city
commission hereby delegates its duties as members of the canvassing committee
to the Miami -Dade County Supervisor of Elections, or his/her designee. In the
event the supervisor of elections declines this appointment, then the city attorney
is authorized to request the Chief Judge of the Eleventh Judicial Circuit to appoint
a county court judge to exercise the duties of the canvassing committee, along
with the city clerk.
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Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of , 2009.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
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APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
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