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HomeMy Public PortalAbout16-9249 Calling for a Special Election on November 29, 2016 Sponsored by: City Clerk RESOLUTION NO. 16-9249 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 29, 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 29, 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. 16-9249 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 29th day of November 29, 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 31, 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. 16-9249 As to the November 29, 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. Resolution 16-9222 is hereby rescinded. Section 11. 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 28th day of September, 2016. • i y a L. Taylor Mayor • ttest to: Approved as to form and legal sufficiency: 1 J; anna Flores Vincent T. Brown, Esq. ity Clerk The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER RILEY Seconded by: COMMISSIONER SANTIAGO Commissioner Vote: 4-0 Commissioner Kelley: NOT PRESENT Commissioner Riley: YES Commissioner Santiago: YES Vice Mayor Holmes: YES Mayor Taylor: YES ORATE . City of Opa-Locka Agenda Cover Memo Office of the City Joanna Flores Clerk: Commission 09/28/2016 Item Type: Resolution Ordinance Other Meeting Date: X (EnterXin 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 (Enter X in box) X X Funding Source: (Enter Fund& Advertising Requirement: Yes No Dept) (EnterXin box) x Ex: Contract/P.O. Yes No RFP/RFQ/Bi#: Required: (EnterXin box) Strategic Plan Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list Related X the specific objective/strategy this item will (Enter X in box) Enhance Organizational P address) Bus.&Economic Dev p Public Safety D Quality of Education El Qual.of Life&City Image El 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 29, 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. 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. Originally,this the Special Election was scheduled for the next regularly scheduled Miami-Dade County wide election on November 8, 2016 as required by the City of Opa-locka Charter and pursuant to Resolution No. 16-9222. On September 7, 2016, one of the two candidates was disqualified pursuant to FS 99.061(7)(a)(1). Because there was only one other candidate for the Special Election, the Special Election was removed from the ballot as this candidate would have been elected unopposed pursuant to FS 101.151(7). On September 15, 2016 the Florida Supreme Court issued a ruling in Wright vs. City of Miami Gardens determining the statute governing qualifying fee as unconstitutional. Our City Attorney opined that pursuant to this Florida Supreme Court ruling, the candidate's disqualification was to be reversed. I notified the county of my request to add the candidates back on the November 8, 2016 ballot for the Special Election, but by this time it was too late to place on the November 8, 2016 ballot. Miami-Dade County Elections Department suggested that we have the Special Election on November 29, 2016 since the City of Opa- locka Run-off Election, if neccassary, was already scheduled for that date. Proposed Action: Approval recommended Attachment: 1. Email from Miami-Dade County Elections 2. Cost estimate for stand alone election 3. City of Opa-locka Charter Section 2.7 4. Resolution No. 16-9222 5. City Attorney Legal Opinion Joanna Flores Subject: FW: Revised Master Ballot - Opa-locka General Election 11/8/16 Attachments: Master Ballot - Opa-locka General Election 11-8-16 Rev 9-8-16 Final - Clerk.doc Importance: High From: Reyes, Zeida (Elections) f mailto:zeidar@ miamidade.gov] Sent: Thursday, September 08, 2016 10:56 AM To: Joanna Flores Cc: Lopez, Carolina D. (Elections); Suarez, Vivian (Elections); Innocent, Vanessa (Elections) Subject: Revised Master Ballot- Opa-locka General Election 11/8/16 Importance: High Attached is a revised Master Ballot for the Opa-locka General Election on 11/8/16, as directed by you on email below. Please review, sign,and return as soon as possible this morning. Please note and confirm the following: • By removing candidate John Riley from the ballot,only one candidate is left,Ana M.Alvarado, on the race for the Special Election for Commissioner. F.S. 101.151(7), states that, "Except for justices or judges seeking retention, the names of unopposed candidates shall not appear on the general election ballot. Each unopposed candidate shall be deemed to have voted for himself or herself." Therefore,this race will not appear on the ballot. • Since the Special Election race for Commissioner is no longer on the ballot,your election name changes back to Opa-locka General Election and will only include the General Election race for Commissioners,voting for no more than two from the qualified candidates for that race. As always, we suggest you consult with your municipal attorney. Should you have any questions, please contact me. 5eida E. 'eyes aectiootd eauzdi aatiopt 9ez 9oue¢o meott 444vt4 aed Veda Dcuatiaot iaosti-Dade emote/ ECeetiaotQ 7d. #305-4119-8405 Jeidaz @oaaiaridade,you bitt,k IImiamidade,you/e€eetioot¢ 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. i Joanna Flores From: Lopez, Carolina D. (Elections) <Carolina.Lopez @miamidade.gov> Sent: Tuesday, September 20, 2016 12:23 PM To: Joanna Flores Cc: White, Christina (Elections); Suarez, Vivian (Elections); Reyes, Zeida (Elections);Innocent, Vanessa (Elections) Subject: RE: City of Opa-locka Special Election Good afternoon Joanna, As you know,the City of Opa-locka is already scheduled for a run-off election if needed on Tuesday, November 29, 2016. As such, it would be the most seamless to have the special election added to the currently scheduled election on November 29, 2016. This would avoid voter confusion of receiving two ballots for different elections within close proximity, and also minimize the added expense of holding two separate municipal elections. Please confirm as soon as possible so we may coordinate your special election in time for you to meet all your legal notice requirements.Thank you Carolina D. Lopez Deputy Supervisor of Elections Government Affairs Division Miami-Dade County Elections Department 2700 NW 87th Avenue Miami, Florida 33172 305-499-8409 Office 305-495-7557 Mobile http://www.miamidade.gov/elections "Delivering Excellence Every Day" From:Joanna Flores [mailto:jflores @Opalockafl.gov] Sent: Monday, September 19, 2016 10:15 AM To: Lopez, Carolina D. (Elections)<Carolina.Lopez @miamidade.gov> Cc:White, Christina (Elections) <bacogc @miamidade.gov>; Suarez,Vivian (Elections)<VIVIANS @miamidade.gov>; Innocent,Vanessa (Elections) <Vanessa.Innocent @miamidade.gov>; Reyes, Zeida (Elections) <Zeida.Reyes @miamidade.gov> Subject: RE: City of Opa-locka Special Election Good Morning: Please provide the soonest date that we can have the special election. Thank you, 7oanna Flores, CMC City Clerk City of Opa-locka 780 Fisherman Street, 4th Floor Opa-locka, FL 33054 T: 305.953.2800 1 C: 786.877.4038 Email: jflores @opalockafl.gov Website: www.opalockafl.gov From: Lopez, Carolina D. (Elections) [mailto:LOPEZC @miamidade.gov] Sent: Friday, September 16, 2016 12:39 PM To: Joanna Flores Cc: White, Christina (Elections); Suarez, Vivian (Elections); Innocent, Vanessa (Elections); Reyes, Zeida (Elections); Rosenthal, Oren (CAO); VTBLAW @BELLSOUTH.NET Subject: Re: City of Opa-locka Special Election Good afternoon Ms. Flores, We wanted to inform you that at this point, it will not be possible for us to add this race to the November 8, 2016 General Election ballot since the coding of the election has been finalized. We are contemplating internally how quickly we can prepare for your municipal election after the countywide General Election. Please let us know if you have any particular dates in mind and as always we will work with you hand-in-hand to identify a suitable date to meet your special election needs. Please feel free to contact me at your convenience to further discuss this matter. Thank you Regards, Carolina D. Lopez Deputy Supervisor of Elections Government Affairs and Media Relations Division Miami-Dade County Elections Department 2700 NW 87th Avenue Miami, Florida 33172 305-499-8409 Office 305-495-7557 Mobile http://www.miamidade.gov/elections "Delivering Excellence Every Day" On Sep 16, 2016, at 10:33 AM,Joanna Flores<jflores @Opalockafl.gov>wrote: September 16, 2016 Good Morning: On September 7, 2016, one of the two candidates in the City of Opa- locka Special Election was disqualified (John Riley) pursuant to FS 2 99.061(7)(a)(1) because of a returned check for "not sufficient funds". Because of this reason, the Special Election scheduled for November 8, 2016 was cancelled since there was only one other candidate in that race. On September 15, 2016, the Florida Supreme Court issued a ruling in Wright vs. City of Miami Gardens and our City Attorney Vincent Brown has rendered the following legal opinion with respect to the similar situation in Opa-locka in terms of the disqualification of candidate John Riley: "Pursuant to the Florida Supreme Court's opinion in Wright vs. City of Miami Gardens (No. SC16-1518), issued on September 15, 2016, today, the disqualification of John Riley for the special election to fill the unexpired term of Commissioner Pinder (Deceased) must be reversed. Mr. Riley has 48 hours after notification to correct his deficiency with a cashier's check. Failure to correct the deficiency within the 48-hour time period will result in his disqualification." Based on legal advisement from our City Attorney and the circumstances beyond our control, I am respectfully requesting that the Special Election for the City of Opa-locka be included on the November 8, 2016 ballot. Sincerely, 9oanna Flores, CMC City Clerk City of Opa-locka 780 Fisherman Street, 4th Floor Opa-locka, FL 33054 T: 305.953.2800 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. 3 Elections 2700 NW 87th Avenue MIAM I DADE Miami, Florida 33,72 T 305-499-VOTE F 305-499-8547 TTY: 305-499-8480 miamidade.gov ESTIMATE City of Opa Locka Run Off Election November 2016 (Stand Alone) Joanna Flores,CMC Estimate N°: OPA-112016 City of Opa Locka Estimate Date: August 3,2016 3400 NW 135th Street,Bldg B Opa Locka,FL 33166 Registered Voters: 7,400 Early Voting Days: 0 Precincts: 6 Early Voting Sites: 0 Polling Places: 7 Permanent Absentee Ballots: 1,849 Personnel $ 11,094.37 Salaries&Fringe Benefits,Overtime,Poll Workers Polling Places 4,610.00 Security,Polling Place Rentals Supplies and Services 599.13 Election Supplies,Communication Charges,Absentee Ballots Set Up Trucks and Vehicles 2,022.00 Truck Rentals,GSA Vehicles Printing and Advertising 3,922.00 Absentee,Early Voting&Precinct Ballots,Temporary Polling Place Change Notices,Newspaper Ads Postage 2,627.56 Absentee Ballots Sent and Business Reply,Temporary Polling Place Change Notices,Letters Ballot Creation 2,410.00 In-House&Outside Contractual Services,Translations-Based on one question Administrative Overhead 2,728.51 Indirect Costs,Logic&Accuracy,Post-Election Audits Early Voting - Estimated at$3,200 per requested number of sites and days *TOTAL $ 30,013.$6 * Please note these costs are estimates and are subject to change. This estimate does include the cost of ballot printing; however, if your question(s)/race(s) creates an additional ballot page, the cost will be adjusted accordingly. For more information,you may contact: Rena A.Saiter Assistant Deputy SOE-Finance and Administration Miami-Dade Elections Department I 2700 NW 87 Avenue Miami,Florida 33172 Office:305-499-8424 E-mail:RAS©miamidade.gov 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 9/23/2016 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 9/23/2016 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 9/23/2016 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 27!h day of ul 2016. a L. aylor Mayor Attest to: Approved as to form and legal sufficiency: .1 a 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 Joanna Flores From: Vincent Brown <vtblaw @bellsouth.net> Sent: Thursday, September 15, 2016 5:16 PM To: Joanna Flores;John B. Riley, Commissioner- City of Opa-locka Cc: John Riley Subject: Wright vs. City of Miami Gardens Ms. Flores: Pursuant to the Florida Supreme Court's opinion in Wright vs. City of Miami Gardens (No. SC16-1518), issued on September 15, 2016, today, the disqualification of John Riley for the special election to fill the unexpired term of Commissioner Pinder (Deceased) must be reversed. Mr. Riley has 48 hours after notification to correct his deficiency with a cashier's check. Failure to correct the deficiency within the 48-hour time period will result in his disqualification. Should you need further clarification please do not hesitate to contact me. Respectfully, Vincent T. Brown, Esq. The Brown Law Group, LLC 847 NW 119th Street, Suite 202 North Miami, FL 33168 305-688-7500 / 305-688-7501 (fax) www.thebrownlawgroup.net This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail shall, in and of itself, create an attorney- client relationship with the sender. 1