Loading...
2011-16-258 - Installation of Elected Officials 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 ARTICLE V, SECTION 2‐446 OF THE CODE OF ORDINANCES, RELATING TO THE INSTALLATION OF NEWLY ELECTED OFFICIALS; 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 The City adopted a procedure for installation of new officers. Section 2‐446, Article V, of the City of Miami Gardens Code of Ordinances entitled “Installation of new officers” provides that the Council shall meet at 12:00 noon on the first Monday after a general election, and in the event of a runoff election is necessary, the city council shall also meet at 12:00 noon on the first Monday after said run‐off election, for the purpose of receiving the certificate of election results from the City Clerk. Section 2‐446 also provides that the Council shall accept the results thereof by resolution and shall declare the new officers to be elected, at which time the city clerk, or any other person authorized by law to take oaths, shall administer the oath and the new officers, shall be installed and shall enter upon the discharge of their duties. This section of the Code is in conflict with the City’s Charter. ITEM I-3) ORDINANCE SECOND READING/PUBLIC HEARING Installation of Elected Officials 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 A review of Article V. subsection (C) of the City of Miami Gardens’ Charter entitled “Election Dates” provides that the Council shall hold no meetings between the General Election and the swearing in of those newly elected or re‐elected Council members except in the case of an emergency affecting life, health, property or the public peace. Furthermore, Miami‐Dade County Division of Elections now provides the Certified Results of the City of Miami Gardens’ elections no earlier than seven days after the General or Run‐off Election is held. It should be noted that FS 102.112 provides that the deadline to submit “Official Results” is 5:00 p.m. on the 7th day following a primary, which is when the City of Miami Gardens’ General Election occurs. FS 102.112 also provides that the deadline to submit “Official Results” for General Election is Noon on the 12th day following the election, which is when a run‐off Election for the City of Miami Gardens would occur. Current Situation The attached ordinance amends Article V, Section 2‐446 of the Code of Ordinances to provide that installation of newly elected officers shall take place upon receipt of Certification of Results from Miami‐Dade County Division of Election, for the City of Miami Gardens’ General or Run‐off Election on a date and time to be determined by the City Clerk. This section is further amended to provide that the Council shall accept the results thereof by resolution and shall declare the new officers to be elected at the next regularly scheduled City Council meeting subsequent to the installation ceremony. Proposed Action: It is recommended that the City Council adopt the attached ordinance amending Article V, Section 2‐446 of the City of Miami Gardens Code of Ordinances. Attachment: None.