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12-04-07 Item 111 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 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 12, 2008 GENERAL ELECTION; 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 12, 2008, 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 12, 2008 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. Page 1 of 2 Additions shown by underlining and deletions shown by everstr-iki-ng. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 4th day of December, 2007. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Page 2 of 2 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: Additions shown by underlining and deletions shown by evef .