HomeMy WebLinkAbout2024-087-2161_-_Charter_Amendment_for_City_Manager_Residency.docxRESOLUTION NO. 2024-087-2161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, CONCERNING A CERTAIN CHARTER
AMENDMENT PROPOSED BY THE CHARTER REVISION COMMISSION
FOR SUBMITTAL BY THE CITY COUNCIL TO THE ELECTORS OF THE
CITY IN ACCORDANCE WITH SECTION 6.1 AND 6.2 OF THE CITY
CHARTER; SUBMITTING PROPOSED AMENDMENTS PERTAINING TO
SECTION 3.2 “CITY MANAGER; APPOINTMENT, REMOVAL”;
PROVIDING BALLOT LANGUAGE FOR SUBMISSION TO THE
ELECTORATE; CALLING A SPECIAL ELECTION ON PROPOSED
AMENDMENTS TO BE HELD IN CONJUNCTION WITH THE STATEWIDE
GENERAL ELECTION SCHEDULE ON TUESDAY, NOVEMBER 5, 2024;
PROVIDING A NOTICE OF ELECTION; PROVIDING FOR BALLOTING
AND ELECTION PROCEDURES; PROVIDING FOR AUTHORITY TO THE
CITY ATTORNEY AND CITY CLERK; PROVIDING FOR INCLUSION IN
THE CHARTER; PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCE IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, in accordance with Sections 6.1 and 6.2 of the City of Miami Gardens
Charter, the City Council appointed a Charter Revision Commission (“Commission”),
and
WHEREAS, the Charter Revision Commission has proposed an amendment
to the Charter to give the authority to the City Council to waive the City Manager residency
requirement in Section 3.2 of the City Charter and to define the distance beyond the City
boundaries within which the City Manager may reside upon a finding of good cause, and
WHEREAS, pursuant to Sections 6.1 and 6.2 of the City Charter, the City
Council hereby submits the Charter Amendment to the electors of the City for approval
or rejection,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
Clauses are hereby ratified and confirmed as being true, and the same are hereby made
a specific part of this Resolution.
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SECTION 2. CHARTER AMENDMENTS: Pursuant to Section 6.1 of the City
Charter, the following proposed amendment to the City Charter shall
be submitted to the electors of the City :
Section 3.2. - City Manager; Appointment, Removal.
The City Manager shall be appointed by the Mayor. A majority of the Council must
approve the appointment of the City Manager. The City Manager shall be removed
by a majority vote of the Council. The City Manager shall reside within the
boundaries of the municipality or relocate within the boundaries within 180 days of
accepting the appointment. The City Council shall have the authority to waive the
residency requirement for the City Manager and to define the distance beyond the
City boundaries within which the City Manager may reside upon a finding of good
cause.
SECTION 3. ELECTION CALLED: A special election is hereby called, to be
held on Tuesday, the 5th of November 2024, to present to the qualified electors of
the City of Miami Gardens, the ballot question provided in Section 4. of this Resolution.
SECTION 4. FORM OF BALLOT: The form of ballot for the Charter
Amendments provided for in Section 2 of this Resolution shall be substantially, as
follows:
WAIVER OF CITY MANAGER RESIDENCY REQUIREMENT AND DEFINING
DISTANCE BEYOND CITY BOUNDARIES UPON GOOD CAUSE
Shall Section 3.2 of the City Charter be amended to give the City Council the
authority to waive the residency requirements for the City Manager and to define the
distance beyond the City boundaries within which the City Manager may reside upon
a finding of good cause.
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Yes____
No____
SECTION 5. BALLOTING:
A. Balloting shall be conducted on Tuesday, November 5, 2024, between the
hours of 7:00 A.M. and 7:00 P.M. at the regular polling places provided for City
elections. Absentee balloting shall be available as authorized by law. Early
voting pursuant to Sec. 101.657 Fl.St. shall be provided. All qualified City
electors who are timely registered in accordance with law shall be entitled to
vote.
B. The City Clerk is authorized to obtain any necessary election
administration services from the Miami-Dade County Supervisor of Elections.
The City Clerk and the County Supervisor of Elections are hereby authorized
to take all appropriate action necessary to carry into effect and accomplish the
electoral provisions of this Resolution.
SECTION 6. NOTICE OF ELECTION: Notice of said election shall be
published in accordance with Section 100.342, Fl.St. at least 30 days prior to the
election by publication in a newspaper of general circulation in the county, district, or
municipality, or publication on the county’s website as provided in s. 50.0311, the
municipality’s website, or the supervisor’s website, as applicable. The publication must
be made at least twice, once in the fifth week and once in the third week before the
week in which the election or referendum is to be held. If the applicable website
becomes unavailable or there is no newspaper of general circulation in the county,
district, or municipality, the notice must be posted in no less than five places within the
territorial limits of the county, district, or municipality. The notice shall be in
substantially the following form:
"NOTICE OF SPECIAL ELECTION”
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO RESOLUTION
NO. _ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA (THE "CITY") A SPECIAL ELECTION HAS BEEN
CALLED AND ORDERED TO BE HELD WITHIN THE CITY ON TUESDAY,
THE 5th DAY OF NOVEMBER 2024, BETWEEN THE HOURS OF 7:00
A.M. AND 7:00 P.M., AT WHICH TIME THE FOLLOWING CHARTER
AMENDMENT PROPOSAL SHALL BE SUBMITTED TO THE QUALIFIED
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ELECTORS OF THE CITY FOR APPROVAL OR REJECTION.
CITY OF MIAMI GARDENS AMENDMENTS
WAIVER OF CITY MANAGER RESIDENCY REQUIREMENT AND DEFINING
DISTANCE BEYOND CITY BOUNDARIES UPON GOOD CAUSE
Shall Section 3.2 of the City Charter be amended to give the City Council the
authority to waive the residency requirements for the City Manager and to define the
distance beyond the City boundaries within which the City Manager may reside upon
a finding of good cause.
Yes____
No____
The full texts of the proposed Charter Amendments are available at the Office of the
City Clerk located at 18605 N.W. 27th Avenue, Miami Gardens, Florida 33056
CITY CLERK
SECTION 7. COPIES: Copies of this Resolution proposing the Charter
Amendments are on file at the Office of the City Clerk located at 18605 N.W. 27th
Avenue, Miami Gardens, Florida 33056, and are available for public inspection during
regular business hours.
SECTION 8. EFFECTIVENESS: The Charter Amendments provided for in
Section 2 above shall become effective if the majority of the qualified electors voting
on the Charter Amendments vote for their adoption, and they shall be considered
adopted and effective upon certification of the election results. Following adoption of
the Charter Amendments, the City Clerk shall file the adopted Charter Amendment
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with the Clerk of the Circuit Court of Miami-Dade County, Florida and with the State
of Florida, Secretary of State.
SECTION 9: AUTHORITY: The City Attorney and City Clerk are hereby
authorized to make any such amendments to the ballot title and/or question based upon
the rules, regulations and policies of the Miami-Dade Supervisor of Elections, and is
hereby authorized to take all steps necessary to fulfill the intent of this Resolution.
SECTION 10. CONFLICT: All resolutions or Code provisions in conflict herewith
are hereby repealed.
SECTION 11. SEVERABILITY: If any section, subsection, sentence, clause,
phrase or portion of this Resolution is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining
portions of this Resolution.
SECTION 12. INCLUSION IN THE CHARTER: It is the intention of the City
Council of the City of Miami Gardens that in the event the ballot questions presented
herein are approved by the electors of the City that the provisions of this Resolution shall
become and be made a part of the Charter as included in the Code of Ordinances of the
City of Miami Gardens.
SECTION 13. EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS
AT ITS REGULAR MEETING HELD ON JUNE 12, 2024.
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___________________________________
RODNEY HARRIS, MAYOR
ATTEST:
__________________________________
MARIO BATAILLE, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: MARIO BATAILLE, CITY CLERK ON BEHALF OF THE
CHARTER COMMISSION
Moved by: Councilman Stephens
Seconded by: Councilman Leon
VOTE: 6-0
Mayor Harris Yes
Vice Mayor Wilson Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Absent
Councilman Leon Yes
Councilwoman Stephens, III Yes
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