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HomeMy Public PortalAbout16-9222 Calling for a Special Election Sponsored by: City Clerk RESOLUTION NO. 16-9222 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD IN AND FOR THE CITY OF OPA-LOCKA, FLORIDA, ON NOVEMBER 8, 2016, TO FILL THE UNEXPIRED TWO (2) YEAR CITY COMMISSION TERM OF COMMISSIONER TERENCE K. PINDER; PROVIDING AUTHORIZATION FOR THE CITY CLERK TO PUBLISH THE APPROPRIATE NOTICE OF THE SPECIAL ELECTION IN A NEWSPAPER OF GENERAL CIRCULATION AS SET FORTH IN SECTION 8.5-3 OF THE CODE OF ORDINANCES OF THE CITY OF OPA-LOCKA, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Commissioner Terence K. Pinder passed away on May 24, 2016, thereby creating a vacancy in the office for a period of more than six (6) months in accordance with Section 2.7 of the Charter; and WHEREAS, Pursuant to Section 2.7 of the Charter, a Special Election is mandated to be called to fill the vacancy; and NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. A special election will be held on November 8, 2016 from 7:00 a.m. — 7:00 p.m. in the City of Opa-locka, Florida, at the polling places as designated by the Board of County Commissioner of Miami-Dade County, Florida, unless otherwise provided by law, for the purpose of filling the Resolution No. 16-9222 unexpired two (2) year City Commission term of Commissioner Terence K. Pinder. Section 3. Notice of special election shall be given in substantially the following form: NOTICE OF SPECIAL ELECTION City of Opa-locka, Florida Public Notice is hereby given that pursuant to the Charter of the City of Opa-locka, Florida, and a resolution adopted by the City Commission of the City of Opa-locka, Florida, a special election has been called and ordered to be held in and for said City, from 7:00 a.m. to 7:00 p.m., on the 8th day of November, 2016, for a nomination and election of candidates for the purpose of filling the unexpired two (2) year term of Commissioner Terence K. Pinder. Section 4. Candidates seeking election in the Special Election shall qualify at the same time and in the same manner as candidates in the general election to be held on November 8, 2016. Section 5. All qualified electors of the City of Opa-locka whose names appear upon the registration book in the office of the Supervisor of Elections of Miami-Dade County, Florida, on October 11, 2016, and who are electors of the City of Opa-locka, will be entitled to vote at said election. Section 6. Vote by Mail ballots shall be issued in accordance with the elections laws of the State of Florida pertaining thereto. Section 7. Upon closing of the polls of the special election, the inspectors and clerks thereof shall file a certified copy of the returns of said special elections with the City Clerk and the Miami-Dade County Elections Department, who shall transmit such returns to the Canvassing Board, so that such returns may be thereafter canvassed and the results of said elections may be officially declared by the Miami-Dade County Canvassing Board: Resolution No. 16-9222 As to the November 8, 2016 Special Election Section 8. The City Clerk is hereby authorized to publish the appropriate notice of special election in a newspaper of general circulation in the City at least fifteen (15) days prior to the election, as set forth in Section 8.5-3(b) of the Code of Ordinances of the City of Opa-locka. Section 9. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Elections of Miami-Dade County, Florida. Section 10. This Resolution shall take effect upon adoption by the City Commission, and subject to the final approval by the State of Florida Financial Oversight Board for the City of Opa-locka, FL. PASSED AND ADOPTED this 27th day of ul 2016. a L. aylor Mayor Attest to: Approved as to form and legal sufficiency: J nna Flores Vincent T. Brown, Esq. CI Clerk The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER KELLEY Seconded by: COMMISSIONER RILEY Commissioner Vote: 5-0 Commissioner Kelley: YES Commissioner Riley: YES Commissioner Santiago: YES Vice Mayor Holmes: YES Mayor Taylor: YES /cir P-.LOCka icifc °s,l City of Opa-Locka Agenda Cover Memo Office of the City Joanna Flores • Clerk: Commission 07/27/2016 Item Type: Resolution Ordinance Other Meeting Date: X (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (Enter X in box) Yes No (Enter X in box) x Public Hearing: Yes No Yes No (EnterX in box) X X Funding Source: (Enter Fund& Advertising Requirement: Yes No Dept) (EnterX in box) x Ex: Account#:16-512312 Contract/P.O. Yes No RFP/RFQ/Bi#: Required: x (Enter X in box) Strategic Plan Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list Related x the specific objective/strategy this item will Enhance Organizational address) anizational 0 (Enter X in box) g Bus.&Economic Dev p Public Safety Quality of Education El Qual.of Life&City Image 0 Communcation Sponsor Name Department: City Clerk Office of the City Clerk Short Title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD IN AND FOR THE CITY OF OPA-LOCKA, FLORIDA, ON NOVEMBER 8, 2016, TO FILL THE UNEXPIRED TWO (2) YEAR CITY COMMISSION TERM OF COMMISSIONER TERENCE K. PINDER; PROVIDING AUTHORIZATION FOR THE CITY CLERK TO PUBLISH THE APPROPRIATE NOTICE OF SPECIAL ELECTION IN A NEWSPAPER OF GENERAL CIRCULATION AS SET FORTH IN SECTION 8.5-3 OF THE CODE OF ORDINANCES OF THE CITY OF OPA-LOCKA, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary. Commissioner Terence K. Pinder passed away on May 24, 2016,thereby creating a vacancy in the office for a period of more than six(6) months in accordance with Section 2.7 of the City of Opa-locka Charter. Pursuant to Section 2.7 of the Charter,a Special Election is mandated to be called to fill the vacancy. Section 2.7. -Vacancies; Forfeiture of Office; Filling of Vacancies. (C) Filling of vacancies. A vacancy on the Commission shall be filled as follows: If six (6) months or more remain in the unexpired term, the vacancy shall be filled by the City Commission within 30 calendar days following the occurrence of the vacancy. The person chosen shall fill the vacancy until the next regularly scheduled Miami-Dade County-wide election, at which time an election shall be held to fill the vacancy for the balance of the term. However, if the Commission is unable to fill the vacancy within the 30 day period, a special election to fill that vacancy shall be held no later than 90 calendar days following the occurrence of the vacancy. The person so elected shall serve until the next scheduled City Regular Election, at which time any remaining balance of the term shall be filled by election. Proposed Action: Approval recommended Attachment: 1. Email from City Clerk requesting approval for Special Election Pursuant to F.S. 100.151 2. City of Opa-locka Charter Section 2.7 3. Miami-Dade County Elections Ballot Issues Deadlines 4. Resolution No. 16-9205 Joanna Flores From: Reyes,Zeida (Elections) <zeidar @miamidade.gov> Sent: Tuesday, June 07, 2016 2:37 PM To: Joanna Flores Cc: White, Christina (Elections); Pastrana, Rosy (Elections); Lopez, Carolina D. (Elections); Suarez, Vivian (Elections) Subject: RE: Request for Special Election Attachments: Ballot Issues Deadlines - 2016 Primary and General Elections.pdf; LEGAL NOTICES PUBLICATION GUIDELINES.pdf Joanna, please find attached the Ballot Issues Deadlines for the 2016 Primary and General Elections. Based on these deadlines, in order to call for a Special Election to fill the vacancy of your Commissioner on 11/8/16, candidate qualifying would have to end by no later than September 2, 2016, and resolution calling for a Special Election passed and submitted by no later than August 9, 2016. However, please note that since your municipality is already scheduled to conduct your General Election on 11/8/16, we would suggest that you end the qualifying by August 12, 2016,the same as for your other candidates in the Opa-locka General Election. This will allow for the preparation and completion of your master ballot, including all candidates for your offices up for election, on the same date. I have also attached the Legal Notices Publication Guidelines for your reference. Should you have any questions or require additional information, please do not hesitate to contact our office. 5ecda Rem EQectiow eooadusatcag ' asca9ez C.oaenurmeet 4I4Gt4 awe V2edia Reertei004 Diva as n awd-Dade e0u40 Seectcaula lee. #305-499-8405 -eidatc wiamaade,you ‘etf:/l a:iamidade.you/eeeetea#t From:White, Christina (Elections) Sent:Tuesday,June 07, 2016 2:01 PM To:Joanna Flores<iflores@Opalockafl.gov> Cc: Reyes, Zeida (Elections)<zeidar@miamidade.gov>; Lopez, Carolina D. (Elections) <LOPEZC@miamidade.gov>; Suarez, Vivian (Elections) <VIVIANS@miamidade.gov>; Pastrana, Rosy(Elections)<RPASTRA@miamidade.gov> Subject: RE: Request for Special Election Joanna, Your request is approved so long as the candidate qualifying period concludes by our required deadline for this election. Zeida, please forward the ballot deadline document to Joanna. Best Regards, i Christina White Supervisor of Elections Miami-Dade Elections Department 305.499.8509 From: Joanna Flores [mailto:jflores@Or alockafl.gov] Sent: Tuesday, June 07, 2016 1:48 PM To: White, Christina (Elections) Cc: Reyes, Zeida (Elections) Subject: Request for Special Election Importance: High June 7, 2016 Good Afternoon Ms. White: Please accept this email as my request on behalf of the City of Opa-locka to hold a Special Election on November 8, 2016 to fill the unexpired term of Commissioner Terence K. Pinder who passed away unexpectedly on May 24, 2016. Your prompt attention to this matter is greatly appreciated. If you have any questions, please let me know. Sincerely, 9oannu Flores, CMC City Clerk City of Opa-locka 780 Fisherman Street, 4th Floor Opa-locka, FL 33054 T: 305.953.2800 F: 305.953.2834 C: 786.877.4038 Email: jflores @opalockafl.gov Website: www.opalockafl.gov Public Records Notice: Under Florida Law, email addresses and electronic communications are public records. If you do not want your email address or the content of your electronic communication released in response to a public records request, do not send electronic mail to this entity. 2 2016 BALLOT ISSUES DEADLINES Should a municipality have a scheduled election or wish to conduct a special election along with the countywide 2016 Primary and General Elections, the deadlines listed below must be followed, in order to allow sufficient time for ballot preparation and to meet State-mandated deadlines to mail absentee ballots to overseas voters. Note that per F.S. 100.151, "...the governing authority of a municipality shall not call any special election until notice is given to the supervisor of elections and his (her) consent obtained as to a date... " Once approval is obtained from the supervisor of elections, the resolution and/or ordinance to call a special election must be passed to meet the deadlines listed below. DEADLINE TO SUBMIT 2016 RESOLUTION AND/OR SCHEDULED DEADLINE FOR ORDINANCE TO THE COUNTYWIDE CANDIDATE QUALIFYING SUPERVISOR OF ELECTIONS TO END FOR CHARTER ELECTIONS AMENDMENTS OR ANY OTHER QUESTIONS No later than PRIMARY ELECTION Friday,June 24,2016 No later than August 30,2016 (Same as Federal, State, and Friday,June 10,2016 County offices) GENERAL ELECTION No later than No later than November 8,2016 Friday,September 2,2016 Tuesday,August 9,2016 Should you have any questions or need additional information, please contact Zeida Reyes, Elections Coordination Manager, at 305-499-8405 or e-mail at zeidar @miamidade.gov. ZR:Rev.4/22/16 Opa-locka, FL Code of Ordinances Page 1 of 3 Section 2.7. -Vacancies; Forfeiture of Office; Filling of Vacancies. (A) Vacancies.The office of a Commission member shall become vacant upon his/her death, resignation, disability, suspension or removal from office in any manner authorized by law, or by forfeiture of his/her office. (B) Forfeiture of Office. (1) Forfeiture by disqualification.The Mayor, Vice Mayor or Commission member, shall forfeit his/her office if at any time during his/her term s/he: (1) ceases to maintain his/her permanent residence in the City. (2) by legal declaration of mental incompetence of a member. (3) otherwise ceases to be a qualified elector of the City. (4) is convicted of a felony. (5) violates any express prohibition of this Charter. (6) lacks at any time during the term of office for which elected any qualification for the office prescribed by this Charter or by law. (2) Forfeiture by absence.The Mayor, Vice Mayor or Commission member shall be subject to forfeiture of his/her office, in the discretion of the remaining Commission members, if s/he is absent without good cause from any three regular meetings of the Commission during any calendar year or if s/he is absent without good cause from any three consecutive regular meetings of the Commission, whether or not during the same calendar year. (3) Procedures.The Commission shall be the sole judge of the qualifications of its members and shall hear all questions relating to forfeiture of a Commission member's office, including whether or not good cause for absence has been or may be established. The burden of establishing good cause shall be on the Commission member in question; provided, however, that any Commission member may at any time during any duly held meeting move to establish good cause for the absence of him/herself or the absence of any other Commission member, from any past, present or future meeting(s), which motion, if carried, shall be conclusive. A Commission member whose qualifications are in question, or, who is otherwise subject to forfeiture of his/her office, shall not vote on any such matters. The Commission member in question shall be entitled to a public hearing upon request regarding an alleged forfeiture of office. If a public hearing is requested, notice thereof shall be published in one or more newspapers of general circulation in the City at least one week in advance of the hearing. Any final determination by the about:blank 7/20/2016 Opa-locka, FL Code of Ordinances Page 2 of 3 Commission that a Commission meeting has forfeited his/her office shall be made by a majority of the Commission by resolution. All votes and other acts of the Commission member in question prior to the effective date of such resolution shall be valid regardless of the grounds of forfeiture. (C) Filling of vacancies.A vacancy on the Commission shall be filled as follows: (1) If less than six (6) months remain in the unexpired term, the vacancy shall be filled by the City Commission within 30 calendar days following the occurrence of the vacancy. (2) If six (6) months or more remain in the unexpired term, the vacancy shall be filled by the City Commission within 30 calendar days following the occurrence of the vacancy. The person chosen shall fill the vacancy until the next regularly scheduled Miami-Dade County-wide election, at which time an election shall be held to fill the vacancy for the balance of the term. However, if the Commission is unable to fill the vacancy within the 30 day period, a special election to fill that vacancy shall be held no later than 90 calendar days following the occurrence of the vacancy. The person so elected shall serve until the next scheduled City Regular Election, at which time any remaining balance of the term shall be filled by election. (3) If the Mayor's position becomes vacant, the Vice Mayor shall complete the term of Mayor. Vacancy of Vice Mayor thus created shall be filled in the manner that the position of Vice Mayor is generally filled under this Article. If the elected Mayor shall be returned to office, s/he shall automatically resume the duties of the office for the remainder of the term for which elected, and the Vice Mayor shall return to complete the balance of his/her term. The appointment of the person to complete the term of the Vice Mayor shall be automatically rescinded. (4) A vacancy in a Commission seat shall be filled by a qualified elector residing in the City. (5) Persons filling vacancies shall meet the qualifications specified in this Article. (6) If no candidate for a vacancy meets the qualifications under this Article for that vacancy, the Commission shall appoint a person qualified under this Article to fill the vacancy. (7) Notwithstanding any quorum requirements established in this Charter, if at any time the full membership of the Commission is reduced to less than a quorum, the remaining members may, by majority vote, confirm additional members to the extent otherwise permitted or required under this subsection (C). (8) In the event that all members of the Commission are removed by death, disability, recall, forfeiture of office and/or resignation, the Governor of the State of Florida shall appoint interim Commission members who shall call a special election within not less than 30 about:blank 7/20/2016 Opa-locka, FL Code of Ordinances Page 3 of 3 calendar days or more than 60 calendar days after such appointment. Such election shall be held in the same manner as the first elections under this Charter; provided however, that if there are less than six months, remaining in any of the unexpired terms, such interim Commission appointee(s) by the Governor shall serve out the unexpired terms. Appointees must meet all requirements for candidates provided for in this Article. (Res. No. 12-8434, § 2, 7-18-12) about:blank 7/20/2016 Sponsored by: Mayor and City Commission RESOLUTION NO. 16-9205 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPOINTING JOHN RILEY TO FILL THE VACANCY ON THE CITY COMMISSION CREATED BY THE PASSING OF COMMISSIONER TERENCE K.PINDER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 24th, 2016, Commissioner Terence K. Pinder passed away creating a vacancy on City Commission; and WHEREAS,Article II, Section 2.7 (C)(2), of the City Charter requires the City Commission to fill the vacancy by appointment within 30 days of the event creating the vacancy; and WHEREAS, Pursuant to Article II, Section 2.2 of the City Charter, the City Commission finds that John Riley is a qualified elector of the City of Opa-locka, Florida; and WHEREAS, the City Commission believes that it is in the best interest of the City to appoint John Riley to serve on the City Commission and fill the vacancy created by the passing of Commissioner Terence K. Pinder. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference; Section 2. John Riley is hereby appointed to serve on the City Commission of the City of Opa-locka, Florida, and fill the vacancy created by the passing of Commissioner Terence K.Pinder. Resolution No. 16-9205 Section 3. John Riley shall serve a term pursuant Article II, Section 2.7(C)(2) of the Charter of the City of Opa-locka, Florida, until the next regularly scheduled Miami-Dade County-wide election. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of June,2016. .c_ ._. , Asi ' yra . aylor Mayor Attest to: Approved as to form and legal sufficiency: ‘ % %, .1.-k I 4641/4- J+:nna Flores Vincent T.Brown, Esq. ity Clerk The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER SANTIAGO Seconded by: VICE MAYOR HOLMES Commissioner Vote: 4-0 Commissioner Kelley: YES Commissioner Santiago: YES Vice Mayor Holmes: YES Mayor Taylor: YES