01-20-04 Add On 2Add On
Menendez, Maria
From: Earl Gallop [egallop @ngf- law.com]
Sent: Friday, January 16, 2004 5:49 PM
To: MMenendez @cityofsouthmiam.net; Dan McCrea; David Bethel c/o Maria Menendez; Horace
Feliu; Maria V. Davis; Mary Scott Russell; Randy Wiscombe
Cc: Luis Figueredo; Eve Boutsis
Subject: RESOLUTION NO-- canvassing committee
21134.doc(23 KB)
Dear mayor, commissioners,
Comm'r. McCrea raised a question about conflict of interest of members of
the city comm'n. sitting on the canvassing committee. Evaluation revealed
a serious concer, and I prepared the attached resolution.Plz include the
resolution on the agenda for the next meeting and provide Luis with any
comments, as I will be out of town until Wednesday. <<21134.doc>>
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I RESOLUTION NO.
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4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
6 ELECTIONS; PROVIDING FOR DELEGATION OF
7 RESPONSIBILITY OF CANVASSING COMMITTEE;
8 PROVIDING AN EFFECTIVE DATE.
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11 WHEREAS, article V, section 5B of the city charter provides that the
12 canvassing committee "shall record the results of the election and proceed to
13 tabulate the absentee ballots and certify the results "; and,
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15 WHEREAS, the canvassing committee is comprised of a majority of the
16 city commission and the city clerk; and,
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18 WHEREAS, a majority of the city .commission are candidates in the
19 election which is scheduled for February 10, 2004, and one or more of the
20 remaining commissioners might be actively supporting a candidate; and,
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22 WHEREAS, the participation of commissioners as candidates or their
23 involvement in actively supporting the campaign of a candidate creates a conflict
24 of interest with their duties as members of the canvassing committee; and,
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26 WHEREAS, the Mayor and City Commission desire to avoid a
27 conflict of interest and to maintain the integrity of the election process, and,
28 therefore, desire to designate a disinterested government official to exercise their
29 duties as members of the canvassing committee.
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31 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
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34 Section 1. Members of the city commission will not participate as
35 members of the canvassing committee in the February 10, 2004 election. The city
36 commission hereby delegates its duties as members of the canvassing committee
37 to the Miami -Dade County Supervisor of Elections, or her designee. In the event
38 the supervisor of elections declines this appointment, then the city attorney is
39 authorized to request the Chief Judge of the Eleventh Judicial Circuit to appoint a
40 county court judge to exercise the duties of the canvassing committee, along with
41 the city clerk.
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Additions shown by underlining and deletions shown by ever.
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Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 20th day of January, 2004.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Russell:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner McCrea:
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