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2011-23-265 - Calling the 2012 Special Election City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 12, 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: General Fund 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) N/A X 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, RELATING TO ELECTIONS, CALLING THE 2012 SPECIAL ELECTION FOR SEAT 5 OF THE CITY COUNCIL; SCHEDULING THE DATE, PLACE AND TIME OF THE ELECTION; PROVIDING FOR RUNOFF ELECTION, IF NECESSARY; PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT FORM; PROVIDING FOR NOTIFICATION; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background A vancancy occurred in the City Council when former Councilwoman Sharon Pritchett resigned from At‐Large Seat 5. At the time of this resignation more than two years remained on the seat. That term expires August 14, 2012. ITEM I-1) ORDINANCE SECOND READING 2012 Special Election 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Section 2.5(c)(2) of the City’s Charter provides that if six (6) months or more remain on an unexpired term, the vacancy shall be filled by a nomination of the Mayor made within thirty (30) calendar days following the occurrence of the vacancy, subject to the confirmation by the Council. The Charter also provides that the nominee is to fill vacancy until the next regularly scheduled Miami‐Dade County‐wide election, at which time an election is be held to fill the vacancy for the balance of the term. At the March 9, 2011 City Council meeting, Mayor Gibson nominated David Williams Jr., to fill this unexpired term until the next regularly scheduled Miami‐Dade County‐wide Election. That nomination was ratified by a unamious vote of the City Council. Current Situation The attached ordinance calls for a Special Election for January 31, 2012, to fill the unexpired term in Atlarge Seat 5. Pursuant to the tentative scheduled provided to the City Clerk by Miami Dade County Division of Election, that date is the next regularly scheduled Miami‐Dade County‐wide Election, which in this case is the Presidential Preference Primary. In addition this schedule provides that in order to make this January 31, 2012 ballot, the City has to provide all documentation, including qualifying paperwork, no later than Tuesday, November 8, 2011. Therefore, in order to meet the deadlines established by Miami‐Dade County Division of Election a qualifying period is set beginning Monday, October 24, 2011 at 9:00 a.m., and ending Monday, October 31, 2011, at 4:00 p.m. sharp. Furthermore, with the new Election Law recently adopted by the Florida Legislators, that January 31, 2012 date is subject to change, depending on the outcome of the State Election Committee’s recommendation. Therefore, in order for the City of Miami Gardens to be in compliance with its Charter as well as make the necessary deadlines, the City Clerk must start the process and move forward as if the Presidential Preference Primary, which is the next regularly scheduled Miami‐Dade County‐wide election, will take place as scheduled, January 31, 2012. In the event the date of the 2012 Presidential Preference Primary changes, and the City does not have adequate time to amend this Ordinance, the City Clerk shall be authorized to amend the dates of the qualifying period, without further direction from the City Council. Proposed Action: It is recommended that the City Council adopt the attached ordinance calling a Special Election for the City of Miami Gardens to fill the unexpired term in At‐large Seat 5. For Tuesday, January 31, 2012. Attachment: Attachment : Exhibit “A” List of Voting Precincts Attachment: Exhibit “B” Sample Ballot EXHIBIT “B” ELECTION BALLOT CITY OF MIAMI GARDENS SPECIAL ELECTION January 31, 2012 Electors shall cast one vote for each available seat, with a maximum of one vote per candidate. AT‐LARGE SEAT FIVE (5) (Vote for one candidate) COUNCIL MEMBER AT‐LARGE SEAT FIVE (5): (Candidate Names)