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2011-15-257 - Qualiying Periods Amendment City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 27, 2011 Item Type: Resolution Ordinance Other x Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading x x Public Hearing: Yes No Yes No x Funding Source: Advertising Requirement: Yes No x Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) Sponsor Name Ronetta Taylor, MMC City Clerk Department: Office of the City Clerk Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 2‐443(a) OF ARTICLE V OF THE CODE OF ORDINANCES RELATING TO QUALIFYING PERIODS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE Staff Summary: Background Article V. Section 5.1(c ) of the City of Miami Gardens Charter provides that “A general election shall be held in each even‐numbered year, on the day of the state primary election, or if none is held in any such year, on the first Tuesday following the second Monday in September.” During the last Legislative Session in Tallahassee, Florida, a new Election Law was adopted. This new election statue was signed into law, effective July 1, 2011. This legislation changed the timeframe for the state’s primary election from 10 weeks to 12 weeks prior to the general election, which is held in November. ITEM I-2) ORDINANCE SECOND READING/PUBLIC HEARING Changing the Qualifying Periods 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The City Clerk has been notified by Miami‐Dade County Division of Elections that the date for the states’ primary election scheduled for August 2012 has been changed from August 28, 2012 to August 14, 2012. The City’s adopted Election Code established a procedure setting forth the dates and times for qualifying of candidates for City of Miami Gardens’ General Elections. Section 2‐443 (a), Article V, of the City of Miami Gardens Code of Ordinances entitled “Qualifying as candidate for mayor or city council member; fee; oath; single candidate considered elected” provides that candidates for the Office of mayor or city council member shall qualify with the city clerk no earlier than 9:00 a.m. on the first Monday in June and no later than 4:00 p.m., on the second Monday in June every year a municipal general election is held, and in the method provided for in the city Charter and under the rules of elections prescribed in the state statues. This timeframe allotted the City enough time to qualify candidates and ensured those individuals placement on the Miami‐Dade County official ballot for that August primary election (absentee and early voting included). To coordinate its efforts to ensure enough time is allocated for qualifying the City must amend this Code provision. Current Situation The attached ordinance amends Section 2‐443(a), Article V. of the Code of Ordinances to provide that candidates for the office of mayor or city council member shall qualify with the city clerk no earlier than 9:00 a.m., on the Third Tuesday in May and no later than 4:00 p.m., on the fourth Tuesday in May every year a municipal election is held, and in the method provided for in the city Charter and under the rules of elections prescribed in the state statutes. Proposed Action: It is recommended that the City Council adopt the attached ordinance amending Article V, Section 2‐443 (a) of the City of Miami Gardens Code of Ordinances. Attachment: None.