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
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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.
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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
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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
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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)
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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