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HomeMy Public PortalAbout18-9525 Calling for a Special Election to fill the Unexpired Commission Term of Commissioner Matthew Pigatt Sponsored by: City Clerk RESOLUTION NO. 18-9525 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 6, 2018 TO FILL THE UNEXPIRED TWO (2) YEAR CITY COMMISSION TERM OF COMMISSIONER MATTHEW A. PIGATT; PROVIDING AUTHORIZATION FOR THE CITY CLERK TO PUBLISH THE APPROPRIATE NOTICE OF THE GENERAL AND SPECIAL ELECTIONS IN A NEWSPAPER OF GENERAL CIRCULATION PURSUANT TO FLORIDA STATUTES 100.141; 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 Matthew A. Pigatt submitted his resignation as City Commissioner on June 28, 2018, 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. 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 6, 2018, 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. 18-9525 unexpired two (2) year City Commission term of Commissioner Matthew Pigatt. 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 6th day of November, 2018 for a nomination and election of candidates for the purpose of filling the unexpired two (2) year term of Commissioner Matthew Pigatt. Section 4. Candidates seeking election in the Special Election shall qualify starting 9:00 a.m. August 16, 2018 through 12:00 p.m. August 24, 2018. 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 November 6, 2018, 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. 18-9525 As to the November 6, 2018, Special Election Section 8. The City Clerk is hereby authorized to publish the appropriate notice of special election in a newspaper of general circulation two times at least 10 days prior to the first day set for qualifying for office pursuant to Florida Statutes 100.141. 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 25th day of July, 2018. ki , r My a L. Taylor Mayor Attest to: Approved as to form and legal sufficiency: I Joan a Flores Vincent T. Brown, Esq. City lerk The Brown Law Group, LLC City Attorney Moved by: VICE MAYOR KELLEY Seconded by: COMMISSIONER RILEY Commissioner Vote: 5-0 Commissioner Holmes: YES Commissioner Riley: YES Commissioner Pigatt: YES Vice Mayor Kelley: YES Mayor Taylor: YES Pp►.00k4\ phi C� n 9ti, City of Opa-Locka Agenda Cover Memo Office of the City Joanna Flores, City Clerk Clerk: Commission 07/25/2018 Item Type: Resolution Ordinance Other Meeting Date: X (EnterXin box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (EnterXin box) Yes No (EnterXin box) x Public Hearing: Yes No Yes No (EnterXin box) X X Funding Source: (Enter Fund& Advertising Requirement: Yes No 16-512312 Dept) (EnterXin box) X Ex: Contract/P.O. Yes No RFP/RFQ/Bid#: 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 (EnterXin box) Enhance Organizational p address) Bus.&Economic Dev p Public Safety p 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 6, 2018 TO FILL THE UNEXPIRED TWO (2) YEAR CITY COMMISSION TERM OF COMMISSIONER MATTHEW A. PIGATT; PROVIDING AUTHORIZATION FOR THE CITY CLERK TO PUBLISH THE APPROPRIATE NOTICE OF THE GENERAL AND SPECIAL ELECTIONS 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 Matthew A. Pigatt was elected to a 4 year term as Commissioner for the City of Opa-locka on November 8, 2016. On June 28, 2018, Commissioner Matthew A. Pigatt submitted his resignation pursuant to F.S. 99.012 to run for the Office of Mayor in the City of Opa-locka General Election on November 6, 2018. Pursuant to Section 2.7 of the City of Opa-locka City Charter, a Special Election is mandated to be called on November 6, 2018 to fill the unexpired two (2)year city commission term of Commissioner Matthew A. Pigatt. Proposed Action: Approval is recommended Attachment: 1. Florida Statutes 99.012 2. City of Opa-locka Charter Section 2.7 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 3 Select Year: 12018 v 11 Go The 2018 Florida Statutes Title IX Chapter 99 View Entire Chapter ELECTORS AND ELECTIONS CANDIDATES 99.012 Restrictions on individuals qualifying for public office.— (1) As used in this section: (a) "Officer" means a person, whether elected or appointed, who has the authority to exercise the sovereign power of the state pertaining to an office recognized under the State Constitution or laws of the state. With respect to a municipality, the term "officer" means a person, whether elected or appointed, who has the authority to exercise municipal power as provided by the State Constitution, state laws, or municipal charter. (b) "Subordinate officer" means a person who has been delegated the authority to exercise the sovereign power of the state by an officer. With respect to a municipality, subordinate officer means a person who has been delegated the authority to exercise municipal power by an officer. (2) No person may qualify as a candidate for more than one public office, whether federal, state, district, county, or municipal, if the terms or any part thereof run concurrently with each other. (3)(a) No officer may qualify as a candidate for another state, district, county, or municipal public office if the terms or any part thereof run concurrently with each other without resigning from the office he or she presently holds. (b) The resignation is irrevocable. (c) The written resignation must be submitted at least 10 days prior to the first day of qualifying for the office he or she intends to seek. (d) The resignation must be effective no later than the earlier of the following dates: 1. The date the officer would take office, if elected; or 2. The date the officer's successor is required to take office. (e)1. An elected district, county, or municipal officer must submit his or her resignation to the officer before whom he or she qualified for the office he or she holds, with a copy to the Governor and the Department of State. 2. An appointed district, county, or municipal officer must submit his or her resignation to the officer or authority which appointed him or her to the office he or she holds, with a copy to the Governor and the Department of State. 3. All other officers must submit their resignations to the Governor with a copy to the Department of State. (f)1. With regard to an elective office, the resignation creates a vacancy in office to be filled by election. Persons may qualify as candidates for nomination and election as if the public officer's term were otherwise scheduled to expire. 2. With regard to an elective charter county office or elective municipal office, the vacancy created by the officer's resignation may be filled for that portion of the officer's unexpired term in a manner http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App... 7/20/2018 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 3 provided by the respective charter. The office is deemed vacant upon the effective date of the resignation submitted by the official in his or her letter of resignation. (g) Any officer who submits his or her resignation, effective immediately or effective on a date prior to the date of his or her qualifying for office, may then qualify for office as a nonofficeholder, and the provisions of this subsection do not apply. (4)(a) Any officer who qualifies for federal public office must resign from the office he or she presently holds if the terms, or any part thereof, run concurrently with each other. (b) The resignation is irrevocable. (c) The resignation must be submitted at least 10 days before the first day of qualifying for the office he or she intends to seek. (d) The written resignation must be effective no later than the earlier of the following dates: 1. The date the officer would take office, if elected; or 2. The date the officer's successor is required to take office. (e)1. An elected district, county, or municipal officer shall submit his or her resignation to the officer before whom he or she qualified for the office he or she holds, with a copy to the Governor and the Department of State. 2. An appointed district, county, or municipal officer shall submit his or her resignation to the officer or authority which appointed him or her to the office he or she holds, with a copy to the Governor and the Department of State. 3. All other officers shall submit their resignations to the Governor with a copy to the Department of State. (f)1. The failure of an officer who qualifies for federal public office to submit a resignation pursuant to this subsection constitutes an automatic irrevocable resignation, effective immediately, from the office he or she presently holds. 2. The Department of State shalt send a notice of the automatic resignation to the Governor, and in the case of a district, county, or municipal officer, a copy to: a. The officer before whom he or she qualified if the officer held an elective office; or b. The officer or authority who appointed him or her if the officer held an appointive office. (g) Notwithstanding the provisions of any special act to the contrary, with regard to an elective office, the resignation creates a vacancy in office to be filled by election, thereby authorizing persons to qualify as candidates for nomination and election as if the officer's term were otherwise scheduled to expire. With regard to an elective charter county office or elective municipal office, the vacancy created by the officer's resignation may be filled for that portion of the officer's unexpired term in a manner provided by the respective charter. The office is deemed vacant upon the effective date of the resignation submitted by the official in his or her letter of resignation. (5) A person who is a subordinate officer, deputy sheriff, or police officer must resign effective upon qualifying pursuant to this chapter if the person is seeking to qualify for a public office that is currently held by an officer who has authority to appoint, employ, promote, or otherwise supervise that person and who has qualified as a candidate for reelection to that office. (6) If an order of a court that has become final determines that a person did not comply with this section, the person shall not be qualified as a candidate for election and his or her name may not appear on the ballot. (7) This section does not apply to: (a) Political party offices. (b) Persons serving without salary as members of an appointive board or authority. http://www.leg.state.fl.us/statutes/index.c fm?mo de=V iew%20 Statutes&Sub Menu=1&App... 7/20/2018 Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 3 (8) Subsections (3) and (4) do not apply to persons holding any federal office. Subsection (4) does not apply to an elected officer if the term of the office that he or she presently holds is scheduled to expire and be fitted by election in the same primary and general election period as the federal office he or she is seeking. History.—s. 1, ch. 63-269; s. 2, ch. 65-378; s. 1, ch. 70-80; s. 10, ch. 71-373; s. 1, ch. 74-76; s. 3, ch. 75-196; s. 1, ch. 79- 391; s. 47, ch. 81-259; s. 1, ch. 83-15; s. 28, ch. 84-302; s. 31, ch. 91-107; s. 534, ch. 95-147; s. 1, ch. 99-146; s. 1, ch. 2000- 274; s. 14, ch. 2007-30; s. 14, ch. 2008-4; s. 9, ch. 2008-95; s. 12, ch. 2011-40; s. 1, ch. 2018-126. Copyright © 1995-2018 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App... 7/20/2018 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, about:blank 7/20/2018 Opa-locka, FL Code of Ordinances Page 2 of 3 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 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) about:blank 7/20/2018 Opa-locka, FL Code of Ordinances Page 3 of 3 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 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 7/20/2018