Strong Mayor Lawsuit

Filing # 77420226 E-Filed 09/04/2018 11:43:39 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT

IN AND FOR MIAMI DADE COUNTY, FLORIDA
CASE NO.
JOE CAROLLO,
individually and as
a Commissioner of the City of Miami,
Plaintiff,
v.
FRANCIS X. SUAREZ, individually

and in his capacity as Mayor of the City of Miami,
THE CITY OF MIAMI, a
Florida municipal corporation,
TODD HANNON, in his capacity as
Clerk of the City of Miami;
MIAMIANS FOR AN INDEPENDENT AND
ACCOUNTABLE MAYORS INITIATIVE, INC.,
a political committee organized under the laws of the
State of Florida, and CHRISTINA WHITE,
solely as a relief defendant in her capacity as
Supervisor of Elections of Miami-Dade County,
Florida,
Defendants.
/
EMERGENCY COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

AND PETITION FOR EMERGENCY WRIT OF MANDAMUS
Plaintiff/Petitioner JOE CAROLLO, individually and as a commissioner of the City of
Miami, Florida sues Defendants/Respondents FRANCIS X. SUAREZ, individually and in his
capacity as Mayor of the City of Miami, THE CITY OF MIAMI, a Florida municipal
corporation, TODD HANNON, in his capacity as Clerk of the City of Miami, MIAMIANS FOR
AN INDEPENDENT AND ACCOUNTABLE MAYORS INITIATIVE, INC., a political
committee organized under the laws of the State of Florida, and CHRISTINA WHITE, solely as
a relief defendant in her capacity as Supervisor of Elections of Miami-Dade County, Florida, and
says:
GENOVESE JOBLOVE & BATTISTA, P.A.

100 S.E. SECOND STREET • 44TH FLOOR • MIAMI, FLORIDA 33131 • TELEPHONE: (305) 349-2300 • FACSIMILE: • (305) 349-2310
Introduction
On November 6, 2018, the City of Miami proposes to hold a ballot referendum to
consider Mayor Francis Suarez’s Strong Mayor Plan (the “Referendum”). This lawsuit seeks to
enjoin the Referendum because it was procured in an unlawful manner and it illegally seeks to
deceive voters about its true purpose and effect.
Mayor Suarez claims that, if passed, the proposal will immediately “ [t]ransfer the power
currently held by the appointed city manager as "head of the administrative branch" to an elected
person.” Exhibit C, infra. Except that is not what the proposed amendment actually does. In
truth, the Referendum purports to transform the office of mayor from a part-time position paying
a generous $97,000, per year to a part-time position paying Mayor Suarez no less than $350,000
per year. By comparison, the Governor of the State of Florida earns $130,000 per year and
United States Senators earn $174,000 per year in connection with their full-time elected offices.
The Referendum also purports to grant Mayor Suarez – and each subsequent City of
Miami Mayor – power not wielded by any mayor in the United States. The Referendum, if
approved, would immediately give Mayor Suarez the authority to, among other things,
 completely control the City of Miami’s $1 billion budget;
 appoint and remove the City Attorney, the City Clerk and the City’s department
heads without meaningful input from elected Commissioners;
 interfere with subordinates of the auditor general;
 appoint his own successor (even if he is removed for criminal activity);
 make important recommendations on awarding government contracts, lead labor
negotiations and oversee the City of Miami’s workforce; and
 totally exempt himself from the Florida sunshine laws.
Page 2
The Referendum must be enjoined for five key reasons. First, as more fully set forth
below, the proposed ballot language is in violation of Fla. Stat. §101.161 because it is ambiguous
and intentionally misleading. For example, it does not tell voters that if they approve the
Referendum taxpayers will immediately have to pay Mayor Suarez more than three times what
they currently pay for his part-time work. It also does not tell voters that the City of Miami is
relinquishing the power to set future mayoral compensation to the Miami-Dade County
Commission.
Second, the petition gathering process used to call the Referendum was illegal and
fundamentally flawed. Section 12-23 of the Code of Ordinances of Miami-Dade County requires
that petition circulators be registered voters in Miami-Dade County. The Miami-Dade County
Supervisor of Elections has also determined that ninety-five (95) of the two hundred thirty-six
(236) petition circulators (40%) were ineligible to circulate petitions, therefore invalidating all of
the petitions submitted by the ineligible petition circulators. A preliminary examination reveals
that numerous petition circulators were ineligible to register as Miami-Dade County electors.
Indeed, a careful review of just a small sample of the ineligible petition circulators reveals that a
third of those reviewed unlawfully certified their residences as non-existent addresses, office
buildings, or they had no legal residence in the United States because they were visitors on a
tourist visa.
Additionally, many petitions fail to conform to the requirements of Miami-Dade County
Code Ordinance §12-23(3), requiring petition circulators to attest under penalty of perjury that
they are eligible voters in Miami-Dade County and provide a statement in each petition
circulator's own handwriting, setting forth his or her own name, both in printed and signature
form.
Page 3
Third, the petition circulation process was unlawful because the petitions failed to include
the text of the proposed charter amendment in English, Spanish and Creole as required by law.
The petitions should also be invalidated because petition circulators engaged in prohibited
signature gathering practices including, but not limited to making false statements concerning the
contents and effect of the proposed charter amendment.
Fourth, the circulated petitions contained misleading Spanish1 translations that falsely
stated that the proposed amendment would give the Mayor control of a non-existent Municipal
Prosecutor (“fiscal municipal”) while failing to tell voters that the amendment would eviscerate
the independence of the City Attorney (“abogado municipal”). This lie is particularly egregious
because it leaves Spanish-speaking voters with the false impression that the Mayor has the power
to remove Miami-Dade’s well-known fiscal (prosecutor) Katherine Fernandez Rundle.
Finally, the Referendum constitutes logrolling, a practice where several separate issues
are combined in a single initiative in order to attempt to secure approval of a measure that may
be considered a popular issue but also an otherwise unpopular issue that is included in the same
proposal. The limitation on logrolling exists to protect voters’ constitutional rights and limit
unfair and deceptive ballot practices..
Mayor Suarez and the Committee are entitled to propose bad public policy. But they are
not entitled to lie about. And because they have done so—repeatedly—the Court must enjoin the
Referendum in order to protect the integrity of the ballot and our democratic process.
1
As of 2010, 63.77% of the population of Miami-Dade County spoke Spanish, 28.07% English, and
4.22% French Creole (mainly Haitian Creole) as their mother language. "Modern Language Association
Data Center Results of Miami-Dade County, Florida". Modern Language Association. As of 2000,
66.76% of the City of Miami residents spoke Spanish as their primary language. Retrieved August 31,
2018.(https://bit.ly/2N3BL4A).
Page 4
The Parties
1. Plaintiff/Petitioner Joe Carollo is a resident and former mayor of the City of
Miami. On November 21, 2017, he was elected to a four-year term as Commissioner for District
3 of the City of Miami. Commissioner Carollo files suit in his individual capacity and as a
charter officer of the City of Miami. Commissioner Carollo’s duties and responsibilities as a
Commissioner of the City of Miami will be diminished if the proposed charter amendments are
unlawfully adopted. Accordingly, Commissioner Carollo invokes the jurisdiction of the Court to
address a specific and individualized injury to his office.
2. Defendant Francis X. Suarez is the Mayor of the City of Miami (“Mayor
Suarez”). On November 7, 2017, Mayor Suarez was elected to a four-year term as Mayor
pursuant to §4(b) of the Charter. Mayor Suarez resides in the City of Miami in Miami-Dade
County and is otherwise sui juris.
3. Defendant City of Miami (“Miami” or the “City”) is a Florida municipal
corporation in Miami Dade County. Miami was incorporated on July 28, 1896. Its current
Charter was adopted by Special Law of the State of Florida in 1925 and has been thereafter
amended from time to time (the “Charter”). Miami is a Florida municipal corporation, and is
otherwise sui juris.
4. Defendant Todd Hannon is the Clerk of the City of Miami, and is otherwise sui
juris (the “Clerk”). The Clerk is responsible for conducting municipal elections and is
empowered and directed to exercise all of the powers and to perform all of the duties and
functions appropriate to the conduct of such election, including the establishment, promulgation
and enforcement of such rules and regulations relating to such election and the establishment,
maintenance, filing and preservation of such election records as the city clerk may deem
Page 5
necessary. Miami Code of Ordinances §16-3. Pursuant to his authority, the Clerk retains the
Miami Dade County Elections Department as a vendor to conduct the elections at the direction
of the Clerk.
5. Defendant Miamians for an Independent and Accountable Mayors Initiative, Inc.
(the “Committee”) is a political committee organized under the laws of the State of Florida. The
Committee’s principal place of business is 2600 S. Douglas Road, Suite 900, Coral Gable, FL
33133. The chair of the Committee is Antonio Argiz, a resident of Coral Gables, Florida. The
other members of the Committee are Chelin Duran, Harry Piedra, Richard Dunn, Thelma Gibson
and L. Elijah Stiers.
6. Defendant Christina White is the Miami-Dade Supervisor of Elections. With
respect to the Referendum at issue in this litigation, Ms. White acts an agent of the Clerk and is
solely identified as a relief defendant to the extent necessary to permit the Court to fashion
appropriate relief.
Jurisdiction and Venue
7. This suit seeks injunctive and declaratory relief pursuant to Fla Stat. §§86.011,
86.021, 86.051, and 86.101. The relief sought is protective and anticipatory, and no damages or
other monetary relief is sought. This Court has jurisdiction pursuant to Fla. Stat. §§26.012,
86.011, and 86.051.
8. The issues presented by this lawsuit are of great public importance. Accordingly,
Commissioner Carollo requests expedited consideration pursuant to Chapter 86, Florida Statutes.
9. Miami is the County seat of Miami-Dade County. Accordingly, venue is proper
in Miami-Dade County, Florida.
Page 6
The Facts
A. The City of Miami Charter
10. Miami’s adoption of the Charter in 1925 established what is commonly known as
the "Mayor-City Commissioner Plan" form of government. The Charter sets forth the powers
and duties of each constitutional office including, but not limited to, the City Commission, the
City Mayor, the City Manager, the City Attorney and the City Clerk. Charter at §4.
11. For example, the Charter provides inter alia for the City Commission (the
“Commission”) to consist of five citizens, who are qualified voters of the City and who shall be
elected from single-member districts. Charter at §4(b). Pursuant to the express terms of the
Charter, the Commission constitutes the governing or legislative body for the City with powers
to pass ordinances, adopt regulations and exercise all powers conferred upon the City, unless
otherwise provided. Charter at §4(a).
12. Similarly, the Charter expressly delineates the Mayor’s role in City government,
creating what is commonly referred to as an “executive mayor.” The Charter establishes that the
Mayor shall “serve as the chief executive officer and head of the city government,” and requires
him to nominate a chief administrative officer known as the "City Manager" to run day-to-day
operations. See Charter §§4(a) and 4(g).
13. Significantly, the Mayor can exercise only those powers expressly conferred to
him by the Charter. Under the current Charter, the Mayor’s powers are limited to:
a. Acting as presiding officer of the City Commission with

the authority to designate another member of the City
Commission to serve as presiding officer.
b. Being recognized as the official head of the City.
c. Declaring a state of emergency as provided in state law.
Page 7
d. Appointing a member of the City Commission to perform
his duties during temporary absence or disability.
e. Vetoing any legislative, quasi-judicial, zoning, master plan

or land use decision of the City Commission, including the
budget or any particular component contained therein that
was approved by the City Commission.
f. Appointing the City Manager.
g. Establishing and appointing the members of all standing

and special committees of the City Commission and the
chairperson and vice-chairperson of each committee.
h. Preparing and delivering a report on the state of the City to

the people of the City between November 1 and January 31
annually.
i. Preparing and delivering a budgetary address annually to

the people of the City between July 1 and September 30.2
2
Charter §4(g)(1)-(9) provides:
(1) The mayor shall be the presiding officer of the city commission with the authority to designate
another member of the city commission to serve as presiding officer.
(2) The mayor shall be recognized as the official head of the city for all ceremonial purposes, by
the courts for the purpose of serving civil process, and by the governor for military purposes.
(3) In time of public danger or emergency, the mayor may declare a state of emergency as
provided in state law and may with the consent of the city commission, take command of the
police and maintain order and enforce the laws.
(4) During the temporary absence or disability, the mayor shall appoint a member of the city
commission to perform the duties of the mayor. However, in the event that the mayor does not or
is unable to make such designation, the city commission shall designate a member of the city
commission to perform the duties of the mayor during the temporary absence or disability of the
mayor by a four-fifths vote of the city commissioners then in office.
(5) The mayor shall, within ten days of final adoption by the city commission, have veto authority
over any legislative, quasi-judicial, zoning, master plan or land use decision of the city
commission, including the budget or any particular component contained therein which was
approved by the city commission; provided, however that if any revenue item is vetoed, an
expenditure item in the same or greater dollar amount must also be vetoed. The city commission
may, at its next regularly scheduled or special meeting after the veto occurs, override that veto by
a four-fifths vote of the city commissioners present, notwithstanding any provisions to the
contrary contained in the Charter and city code. Said veto power shall include actions pursuant to
sections 29-B through 29-D of the Charter.
(6) When one person succeeds another in the position of mayor, the successor shall have the right
to appoint the city manager, subject to the approval within 14 days of a majority of the city
commissioners then in office. In the event of a vacancy in the office of city manager, the mayor
shall appoint the city manager, subject to the approval within 14 days of a majority of the city
commissioners then in office. The mayor may remove the city manager subject to the city
commission's conducting a hearing within 10 days of said removal and the city commission's
overriding the mayor's action by a four-fifths vote of those city commissioners then in office.
Page 8
Charter §4(g)(1)-(9). The remaining City powers not expressly granted to the Mayor or City
Manager are exclusively vested with the Commission. See Charter §4.
14. As of November 4, 2003, the salary of the commissioners was fixed by the
Charter at $58,200, a sum equal to sixty percent (60%) of the Mayor's salary in effect on July 16,
2003. Charter §4(h). The compensation of the Mayor is determined by the Commission. Id. As
of August 18, 2018, the Mayor’s salary is $97,000.3
B. The Charter Amendment Process
15. Florida law governs the procedure for amending a municipality’s charter. It
provides that the electors of a municipality may, by petition signed by ten (10%) percent of the
registered voters of the last preceding municipal general election, submit to the electors of that
municipality, a proposed amendment to its charter. See Fla Stat. § 166.031.
16. City ordinance additionally provides that electors of the City of Miami may, upon
the certification of a petition of ten (10%) percent of the qualified electors of the city, request
that a proposed amendment to the Charter be submitted to the electorate. Miami Code of
Ordinances § 2-112.
17. Miami Dade County Code Ordinance §12-23 governs the petition gathering
process. It specifically prohibits any person from circulating “a petition or [soliciting] signatures
Additionally, the city commission by a four-fifths vote of those city commissioners then in office
shall be able to remove the city manager.
(7) The mayor shall establish and appoint the members of all standing and special committees of
the city commission and the chairperson and vice-chairperson of each committee. There shall be
as many standing and special committees of the city commission as deemed necessary by the
Mayor. Standing or special committees of the city commission shall mean those comprised of city
commission members only.
(8) The mayor shall prepare and deliver a report on the state of the city to the people of the city
between November 1 and January 31 annually. Such report shall be prepared after consultation
with the city commissioners and the city manager.
(9) The mayor shall prepare and deliver a budgetary address annually to the people of the city
between July 1 and September 30. Such report shall be prepared after consultation with the city
manager.
3
2017-19 Adopted City of Miami Budget at p. 97.
Page 9
unless he or she is a registered elector in Miami-Dade County.” See §12-23, Miami Dade
County Code Ordinances. Moreover, it contains additional requirements related to the form of
the petition. Sec. 12-23 states in relevant part:
Form of Petition. All petitions for initiative, referendum . . . shall

contain the following information:
A. A statement in each petition circulator's own handwriting,

setting forth his or her own name, both in printed and
signature form.
B. The residence address of the circulator.
C. Dates between which all the signatures on each individual

petition were obtained.
D. A sworn statement that the circulator personally circulated

the petition, witnessed each signature as it was being written
and that to the best information and belief of the circulator,
each signature is the genuine signature of the person whose
name it purports to be.
E. A sworn statement signed by the circulator certifying to the

truthfulness and the correctness of the certificate set forth in
Section (1)(D) hereof; stating that it is being given under
penalty of perjury under the laws of the State of Florida; and
setting forth the date and the place of execution of the
certification.
F. Any individual who knowingly signs more than one petition

or who attempts to sign another person's name, or a fictitious
name, shall be punishable by a fine not to exceed five
hundred dollars ($500.00) or by imprisonment in the county
jail for a period not to exceed sixty (60) days, or by both.
G. The title and text in English, Spanish, and Creole of the

ordinance or the Charter provision sought to be enacted or
repealed.
C. The Proposed Part-Time Super Strong Mayor Initiative
18. On March 6, 2018, the Committee was incorporated in Coral Gables, Florida with
a stated scope and jurisdiction to “Sponsor of Charter Amendment in City of Miami; City of
Page 10
21. The Committee marketed the Strong Mayor Plan as merely transferring the
powers of the office of City Manager to the Mayor. A sample of informational materials
provided by the Committee through its website (www.strongmiami.com) is annexed hereto as
Exhibit C-1. However, the Strong Mayor Plan does so much more. In addition to giving the
Mayor all of the powers of the City Manager, it provides for the following additional material
changes to the Charter:
a. Provides a guaranteed mayoral compensation of no less than 75% of the County

Mayor’s compensation. Currently, Mayor Carlos A. Gimenez accepts a decreased
salary, having voluntarily forgone the remainder during a time of fiscal austerity. The
County budgeted approximately $478,000 this year for Mayor Gimenez in
compensation –which includes a base annual salary of $326,000. If passed, Mayor
Suarez would be eligible to receive at least seventy-five (75%) percent of the County
Mayor’s budgeted compensation or a minimum of $358,500 per year (his current
annual compensation is $130,600). Section 4(i)4.
b. Delegates the authority of the Commission to budget the mayor’s compensation to the
Miami-Dade County Board of County Commissioners. Section 4(i).
c. Provides the Mayor the sole power to appoint and remove the City Attorney,
providing the Mayor with the additional authority to direct and interfere with the
operations of the City’s Legal Department (authority not previously delegated to the
City Manager). Sections 4(d), 4(e) and 20.
d. Appoints the Mayor as non-voting Chair of the Commission. Section 4(e)
e. Exempts Mayor as Chair of Commission from Florida Sunshine Law (Ch. 119,
Florida Statutes). Section 4(e).
f. Provides the power to appoint and remove the City Clerk, providing the Mayor with
the additional authority to direct and interfere with the operations of the City Clerk’s
Office (authority not previously delegated to the City Manager). Sections 4(d), 4(e)
and 20.
4
The petition asks the City to “change the mayor’s salary and make changes effective
immediately.” See Petition, annexed as E. The proposed ballot language, however, does not
contain a specific compensation figure. It only asks voters whether the Charter should be
amended to “change” the “mayoral. . . pay formula.” See Ballot Language, annexed as Exhibit
H. The proposed Charter amendment provides the so-called “formula,” stating that the Mayor’s
“compensation. . . in no event shall be less than 75% of the compensation to the Miami-Dade
County Mayor. See Proposed Charter Amendment, annexed as Exhibit B.
Page 18
g. Empowers the Mayor to interfere with the independent auditor general, effectively
removing the independence of the office (authority not previously delegated to the
City Manager). Section 4(d).
h. Allows the Mayor to designate his own replacement, even if he is removed from
office for cause including criminal activity. Section 4(h)(2).
i. Removes the authority of the Commission to designate an acting mayor in the event
the mayor is unable to designate an acting mayor. Section 4(g)(6).
j. Allows Mayor to appoint department directors including the Chief of Police and Fire
Chief without the affirmative approval of the Commission. Section 4(g)(5).
k. Provides for an immediate effective date without providing the voters an opportunity
to elect a Strong Mayor. Section 4(j).
22. Notwithstanding his proposed expanded responsibilities, Mayor Suarez has
confirmed that he will keep his current employment as an attorney at the Greenspoon Marder law
firm in addition to his desired responsibilities as strong mayor. When questioned how he would
balance both of his jobs, Mayor Suarez responded that he would likely appoint a chief operating
officer (also at taxpayer expense) to help him with the daily duties of managing the city. See
“Miami voters will decide if mayor should have more power. But legal questions loom.” The
Miami Herald, August 14, 2018, a copy of which is annexed hereto as Exhibit C-2.
D. The Referendum Process
23. On April 16, 2018, the Committee submitted an affidavit proposing to circulate
petitions sufficient to call for a referendum on the Strong Mayor Plan. A copy of the affidavit
and transmittal letter are annexed as Exhibit D. In the affidavit, the Committee certified that it
Page 19
would procure signatures pursuant to Miami-Dade County Ordinance 12-23. A copy of the
petition is annexed hereto as Exhibit E (the “Petition”).5
24. City of Miami Code §2-112 provides that electors of the City of Miami may, upon
the certification of a petition of ten percent (10%) of the qualified electors of the city, request
that a proposed amendment to the Charter be submitted to the electorate.
25. According to the City Clerk, there were 193,335 registered voters in the last
general municipal election held in the City of Miami (November 7, 2017). Accordingly, the
verification of 19,334 valid signatures is required in order that a petition seeking to amend the
Charter be deemed numerically sufficient to submit to the electorate. See June 8, 2017
Correspondence of City Clerk to Miami Dade County Election Department, a copy of which is
annexed hereto as Exhibit G.
E. The First Special Meeting
26. On August 6, 2018, the Mayor convened a special commission meeting for
purposes of placing the Strong Mayor Plan on the November ballot (the “First Special
Meeting”).
27. City Code §2-112 proscribes one hundred twenty (120) days for the City Attorney
to draft “a Charter amendment . . . after the certification of a petition of ten percent of the
qualified electors of the City.” However, Mayor Suarez and the Committee did not wish to wait
for this process to take place, claiming that doing so would result in a special election (in which
the Strong Mayor question would be the only item on the ballot) that would cost City taxpayers
over $1 million. Instead, the Committee proposed its own ballot language.
5
On August 13, 2018, City Attorney Victoria Mendez confirmed that Section 12-23 of the
Miami-Dade Code of Ordinances applied to the Committee’s petition circulation process. A copy
of Ms. Mendez’s opinion is annexed hereto as Exhibit F.
Page 20
28. The Commission refused to adopt the Committee’s proposed ballot language
because of concerns that the ballot language was misleading. Chief among those concerns was
that the proposed ballot language did not disclose that the Mayor’s new compensation would
nearly triple immediately upon its adoption. Additionally, the Commission was concerned as
well as that there were indications of fraud and procedural deficiencies in the petition gathering
process.
29. When Commissioner Manolo Reyes questioned Mayor Suarez during the First
Special Meeting about the glaring compensation omission, the Mayor disingenuously insisted
that the County Mayor’s salary was $150,000 per year and that including a number rather than a
formula on the ballot language would deceive the voters. He repeatedly failed to acknowledge
that the County Mayor voluntarily forgoes half of his salary each year. Moreover, the Mayor
inexplicably continued to confuse the situation, improperly reading his own proposed Strong
Mayor Plan since nowhere does it state that the City Mayor’s “salary” is tied to the “salary” of
the County Mayor. A clear distinction is made that County Mayor’s “compensation,” not just
“salary,” would dictate the floor of the City Mayor’s “compensation” (without accounting for
any voluntary reductions). As currently budgeted, the County Mayor’s compensation is
approximately $478,000.00. Therefore, under the proposed Strong Mayor Plan, the City Mayor
must receive a minimum of no less than $358,500 in compensation for a part-time job (unlike the
full-time County Mayor). Both the Committee and Mayor Suarez have inexplicably argued that
the words “salary” and “compensation” mean the same thing, when, in fact, they do not.
30. At no point has the Mayor expressly denied that he does not intend to seek at least
75% of the County Mayor’s $478,000 annually budgeted compensation. Instead, he has sought
Page 21
to confuse voters by hiding the ball and refusing to disclose to voters what exactly they would
have to pay him if the Strong Mayor Plan is approved.
31. The Commission reached an impasse and adjourned the First Meeting with the
intent to meet again on August 14, 2018. Prior to the adjournment, Commissioner Carollo
directed the City Clerk to request that Miami-Dade County Supervisor of Elections Christina
White review the eligibility of the petition circulators in accordance with County Ordinance §12-
23.
F. The Second Special Meeting
32. On August 14, 2018, the Commission reconvened to consider the Mayor’s request
that the Strong Mayor Plan be placed on the ballot. At the Second Meeting, the Commission
placed the Strong Mayor Plan on the November ballot as a result of the purported certification of
sufficient petition signatures. A copy of the Commission’s resolution is annexed hereto as
Exhibit H (the “Resolution”). The Resolution specifies that the Commission has placed the
Referendum on the ballot only as a result of an “initiative petition proposing amendments to the
Charter to change to a strong-mayor form of government [having] been certified by the Miami-
Dade County supervisor of elections as having obtained the requisite number of signatures.”
33. During the Second Meeting, the City Attorney presented a legal opinion
unequivocally stating that because the Committee voluntarily availed itself of §12-23, Miami-
Dade Elections should review and certify the petitions pursuant to §12-23 in its entirety. See
Aug. 13, 2018 Legal Opinion from City Attorney Victoria Mendez to Commissioner Joe Carollo,
annexed as Exhibit F, supra.
34. The City Attorney reasoned that “Section 12-23 applies to the petition because on
the face of the petition, the letter sent by the petitioners with their initial submission of the
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petition, and counsel for the petitioners, Ms. Blohm, during the August 6, 2018 Special
Commission Meeting, all reference Section 12-23 as controlling.” Id. at 3.
35. The City Attorney further opined that “[e]ven if it were determined that 12-23 did
not apply, the language of the circulator certificate on the petition” requires circulators to attest
under penalty of perjury that they are residents of Miami-Dade County. Id. at 4. She explained
that “[a]t a minimum, any petition circulated by someone who is not a Miami-Dade County
resident, as stated in the attestation, would contain a false certificate. The use of a false
certificate would be cause to invalidate a petition, thus warranting further investigation.” Id.
36. The City Attorney concluded that because the Committee “voluntarily submitted
to the provisions of Section 12-236, the further review conducted by the County Supervisor of
Elections – which determined that close to 40% of the circulators of the petition could not be
confirmed as registered voters of the County – constitutes a reasonable basis mandating
additional review per Section 12-23 because further review by the County Supervisor of
Elections could reasonably and properly determine whether those circulators are electors of
Miami-Dade County, and whether the petition is properly before the City Commission.” Id.
Based on that rationale, the City Attorney determined that “the petition should be reviewed to
ensure compliance with the circulator registration requirement. . . [and that] the County
6
In early February 2018, the City Clerk drafted a proposed ordinance (“Draft Ordinance”) for
consideration by the Commission during the February 22, 2018 Commission meeting. On the
eve of the Commission meeting, Mayor Suarez’s chief of staff improperly directed the City’s
agenda clerk to remove the Draft Ordinance from the agenda, potentially in violation of the
City’s Charter. The Draft Ordinance granted all review and certification powers to the City of
Miami and eliminated the Supervisor of Elections from the certification process. The Draft
Ordinance would have required Commission approval of all proposed charter amendments.
Having successfully circumvented the City Commission, the Mayor set the stage for the
Committee to avail itself of §12-23 in its entirety and then failed to adhere to the very rules that
he and his Committee adopted.
Page 23
Supervisor of Elections or the City Clerk should review the petitions for compliance with Section
12-23.” Id.
G. The Part-Time Super Strong Mayor Plan is Placed on the Ballot
37. Notwithstanding the City Attorney’s directive, the Commission did not request
the City Clerk to review the petitions and confirm whether they were lawfully circulated,
suggesting that the matter would be best decided by a court of law.
38. The Resolution provides for the City of Miami to hold a special election on
November 6, 2018, which coincides with the date of the biennial Florida general election (the
“Referendum”).
39. For the reasons stated herein, the Strong Mayor Plan may not lawfully be placed
on the ballot for the November 7 special election and the Referendum must be enjoined.
40. Commissioner Carollo and the voters of the City of Miami will suffer immediate
and irreparable harm if the Strong Mayor Plan is placed on the ballot for the November 2018
special election.
41. Commissioner Carollo and the voters of the City of Miami have no adequate
remedy at law, and it is in the public interest that voters are accurately informed as to the true
effect of the Strong Mayor Plan and that only a lawfully procured charter referendum be placed
on the ballot.
Page 24
COUNT I
Violation of Florida Statutes §101.161
42. Commissioner Carollo re-asserts all allegations in paragraphs 1-41 as if fully set
forth herein.
43. The Resolution provides for the following ballot language (the “Ballot
Language”) to appear on the ballots of qualified City of Miami electors in the form and
substance proscribed by the Committee without any change by the Commission:
Change to Strong Mayor-Commission Form of Government

----------------------------------------------------------------
Shall the Miami Charter be amended to change to a
strong mayor-commission form of government;
replace city manager with the mayor; mayor serves
as nonvoting, non-member commission chair; grant
mayor power to appoint and remove city attorney,
city clerk, police and fire chief, department directors
and employees; change filling mayoral vacancy and
pay formula; adopt state recall procedure; provide
other mayoral and commission powers and
changes; and make effective immediately?
YES NO
44. Section 101.161(1), Florida Statues, requires a ballot summary for a proposed
public measure to “be printed in clear an unambiguous language on the ballot” and “be an
explanatory statement, not exceeding 75 words in length, of the chief purpose of the measure.”
The ballot title must “consist of a caption, not exceeding 15 words in length, by which the
measure is commonly referred to or spoken of.”
45. The purpose behind requiring clear and unambiguous language in public measures
submitted to the voters is to advise voters sufficiently to enable them to intelligently cast their
ballots. The ballot title and summary must give voters fair notice of the decision they must
make, so that voters will not be misled as to its purpose, and can cast informed ballots. It is
Page 25
unlawful for a ballot title and/or summary for a proposed public measure to either “fly under
false colors” or “hide the ball” as to the measures true effect.
46. Here, the Ballot Language violates Section 101.161(1), Florida Statutes, by
confusing and misleading voters, failing to accurately inform the voters of the changes described
in paragraph 21, supra.
47. Most critically, the Ballot Language fails to provide fair notice as to voters on the
matter upon which their votes are to be cast. The Ballot Language is misleading because it hides
from voters the following changes that will be implemented by Strong Mayor Plan if approved:
a. It falsely states that it changes a “pay formula” when no “pay formula” currently
exists, and furthermore, it abrogates to Miami-Dade County the power to budget the
Mayor’s compensation. Currently, Mayor Carlos A. Gimenez accepts this decreased
salary amount, having voluntarily forgone the remainder during a time of fiscal
austerity. The County budgeted approximately $478,000 this year for Mayor
Gimenez in compensation – the amount tied to the Strong Mayor Plan – which
includes a base annual salary of $326,000. If passed, Mayor Suarez would be eligible
to receive at least seventy-five (75%) percent of the County Mayor’s budgeted
compensation or a minimum of $358,500 per year (his current annual compensation is
$130,600). Section 4(i).
b. It hides the ball and fails to inform voters that the power of the commission to budget
the Mayor’s salary is completely abrogated and the amendment delegates that
authority to the Miami Dade Board of County Commissioners (including to a number
of commissioners that are not elected, in whole or in part, by qualified electors of the
City of Miami). Section 4(i).
c. It fails to inform voters that the Mayor will not only have the power to appoint the
City Clerk and City Attorney, but that those previously independent offices would
now report exclusively to Mayor Suarez and function exclusively at his direction.
Sections 4(d), 4(e) and 20.
d. It falsely states that the Mayor is not a member of the Commission when, in truth, the
Strong Mayor Plan provides for the Mayor to serve as a non-voting Chair of the
Commission and, as a result, exempts him from Florida Sunshine Law (Ch. 119,
Florida Statutes). Section 4(e).
e. It misleads about how Mayor Suarez will be able to designate his own replacement,
even if he is removed from office for cause including criminal activity. Section
4(h)(2).
Page 26
f. It does not tell voters that the Commission will no longer have an acting mayor in the
event the mayor is unable to designate an acting mayor. Section 4(g)(6).
g. It does not tell voters that the Commission will no longer be required to affirmatively
approve the Mayor’s selection of the Chief of Police and Fire Chief. Section 4(g)(5).
h. It does not tell voters that if they approve the Strong Mayor Plan they will not have an
opportunity to elect a person to that office until the expiration of Mayor Suarez’s
current term. Section 4(j).
48. The Ballot Language flies “under false colors” and “hides the ball” as to the true
effect of the Strong Mayor Plan. While the ballot title and language speak of changing the form
of Miami’s government to a “Strong Mayor” system, it hides the ball by failing to tell voters that
the proposal would make Mayor Suarez the most powerful and well-paid part time Mayor in the
State of Florida. As a result, the Referendum is unlawful and should be enjoined.
COUNT II
Violation of County Ordinance 12-23(1)
(Unlawful Petition Circulation Practice)
forth herein.
50. Each petition circulated by the Committee contained an attestation under oath by
the petition circulator that the petition complied with section 12-23 of the Miami-Dade County
Ordinances.
51. Section 12-23 of the Miami-Dade County Code of Ordinances requires, among
other things, that the Petitions contain the title and text in English, Spanish, and Creole of the
ordinance or the Charter provision sought to be enacted or repealed.
52. The Petitions circulated by the Committee did not contain the title and text in
English of the Charter prevision sought to be enacted or repealed.
Page 27
53. Additionally, the Spanish translation is misleading because it purports to transfer
the power to hire and fire the “municipal prosecutor” to Mayor Suarez. In truth, the City no
longer has a “Municipal Prosecutor” in the City of Miami, and by implication, the Petition failed
to alert voters that the Strong Mayor Proposal sought to eliminate the independence of the City
Attorney and have it report only to Mayor Suarez. This is also misleading because it leaves
voters with the impression that the Mayor will have the authority to hire and fire State Attorney
Katherine Fernandez-Rundle.
54. Every single petition submitted by the Committee violates Section 12-23 of the
Miami Dade County Code of Ordinances, and as a result, nullifies the legitimacy of the
Referendum. As a result of the Committee’s failure to comply Section 12-23 of the Code of
Ordinances, the Referendum is unlawful and should be enjoined.
COUNT III
Violation of County Ordinance 12-23(1)
(Unlawful Petition Circulators)
forth herein.
56. Section 12-23(1) of the Miami Dade Code of Ordinances required the Committee
to circulate the Petition only through circulators that are registered electors in Miami-Dade
County.
57. On or about June 2018, the Committee submitted to the Clerk the petitions that it
circulated purportedly seeking approval of a referendum concerning Strong Mayor Plan.
58. Thereafter, the Clerk forwarded the petitions to the Miami-Dade Elections
Department for verification. In doing so, the Clerk requested that the Supervisor of Elections
reject a petition only if it determines that a petition was signed by (a) a person not registered to
Page 28
vote in Miami-Dade County; (b) a person removed as ineligible to vote in Miami-Dade County;
(c) a person not registered to vote in the City of Miami; or (d) a duplicate petition signed more
than once by the same elector. See Correspondence dated June 11, 2018 between the City Clerk
and the Supervisor of Election’s Office, a copy of which is annexed hereto as Exhibit I.
59. The Clerk failed to instruct the Supervisor of Elections to disqualify any petition
that was circulated by an ineligible circulator as required by Miami-Dade County Code section
12-23(1). As a result, the Supervisor of Elections verified petitions circulated by 95 ineligible
petition circulators out of 236 total circulators utilized by the Committee to circulate petitions.
In other words, more than forty percent (40%) of the circulators responsible for circulating
petitions could not be confirmed by the Supervisor of Elections as eligible voters but were
nonetheless allowed to submit petitions for verification.
60. On July 30, 2018, the Clerk certified to the Commission that the Committee had
submitted sufficient ballots to trigger a referendum pursuant to Florida Statute §166.031 and City
Code 2-112. A copy of the certification is annexed hereto as Exhibit J. However, the Clerk
failed to certify that the petitions were properly submitted pursuant to Miami Dade County Code
§12-23.
61. To date, the Supervisor of Elections has confirmed that 95 of the 236 petition
circulators (40%) were not registered electors in Miami-Dade County. Accordingly, all of the
Petitions submitted by the unlawful petition circulators must be declared void and legally
insufficient for purposes of satisfying the requirements of Section 2-112 of the City of Miami
Code of Ordinances and Florida Statute §166.031.
62. The Supervisor of Elections has also confirmed that numerous petition circulators
could not be identified. In fact, further review of a small sample of the petition circulators
Page 29
reveals that numerous circulators provided false addresses, or could not possibly be residents
because they were in the United States on tourist visas.
63. Moreover, since forty percent (40%) of the Committee’s petition circulators
submitted unlawful and potentially perjuriously obtained attestations, the Committee’s
submission of petitions is tainted by fraud and unlawful conduct so as to nullify the legitimacy of
the Referendum. As a result of the Committee’s failure to comply Section 12-23(1) of the Code
of Ordinances, the Referendum is unlawful and should be enjoined.
COUNT IV
Violation of the First Amendment of the United States Constitution
and Article 1 of the Florida Constitution
(Unconstitutional Logrolling)
forth herein.
65. In determining the adequacy of ballot language this Court must consider whether
the nature of the method of voting violates the First Amendment. The right to vote is a
fundamental right that may not be abridged in the absence of a compelling and narrowly drawn
state interest.
66. That limitation protects against potentially deceptive “logrolling,” the practice
where several separate issues are combined in a single initiative in order to attempt to secure
approval of not only a popular issue but also an otherwise unpopular issue that is included in the
same proposal.
67. The Strong Mayor Plan bundles together almost fifty different proposed changes
to the Charter. It does so in a way that bundles independent and unrelated proposals in a single
ballot question in a manner that requires a voter to vote “yes” for a proposal that the voter
Page 30
opposes in order to vote “yes” for an independent and unrelated proposal the voter supports and
to vote “no” for a proposal the voter supports in order to vote “no” for an independent and
unrelated proposal the voter opposes. For example, it requires a voter that wishes to approve the
proposed transfer of the City Manager’s responsibilities to the Mayor to vote “no” if they wish to
oppose placing the office City Attorney or City Clerk under the Mayor’s control (and vice versa).
68. Perhaps most significantly, it requires a voter that wishes to approve a Strong
Mayor form of government to vote “no” if that same voter is opposed to providing Mayor Suarez
with a pay raise.
69. By way of further example, it requires a voter that wishes to adopt the Strong
Mayor form of government to vote against it if they similarly wish to vote against transferring
the power to set the Mayor’s compensation from the City of Miami Commission to the Miami-
Dade County Board of County Commissioners.
70. As a result, the Referendum constitutes illegal “logrolling,” a practice that results
in an unlawful restraint on the right of free speech guaranteed by the First Amendment to the
United States Constitution and Article 1 of the Florida Constitution.
COUNT V
Petition For Writ Of Mandamus
forth herein.
72. Commissioner Carollo is entitled to an alternative writ of mandamus under
Florida Rule of Civil Procedure 1.630. Under Florida Rule of Civil Procedure 1.630(b), a
petition for writ of mandamus must contain the facts on which the plaintiff relies for relief, a
request for the relief sought, and, if desired, argument in support of the petition with citations of
authority. If the complaint shows a prima facie case for relief, a trial court must issue an
Page 31
alternative writ of mandamus, and once an alternative writ has issued, the burden is on the
respondent to come forth with facts upon which it refused to perform its legal duty. Chandler v.
City Of Greenacres, 140 So. 3d 1080, 1083 (Fla. 4th DCA 2014) (internal quotations and
citations omitted).
73. The Supervisor of Elections has confirmed that 95 of 236 petition circulators
(40%) could not be confirmed as registered voters, as required by Miami-Dade County
Ordinance 12-23(1).
74. As a result, any petitions submitted by ineligible circulators must not be
considered when determining whether the requisite number of petitions have been submitted by
the Committee so as to cause a referendum on the Strong Mayor Plan.
75. Commissioner Carollo is entitled to a writ of mandamus directing the City Clerk
to strike all petitions that were not circulated by eligible circulators, and in the event that the
remaining number of eligible petitions fails to exceed 10 percent (10%) of the registered voters
in the last municipal election (19,334), further directing the City Clerk to cancel the Referendum
until such time as it may be lawfully reinstated (if at all).
Page 32
PRAYER FOR RELIEF
WHEREFORE, Plaintiff requests the entry of judgment against defendants, awarding
plaintiff all appropriate relief, including the following:
(i) A declaration7:
a. That the subject ballot title and/or summary of the Referendum violates
Section 101.161, Florida Statutes (Count I);
b. That the Referendum was unlawfully procured by failing to comply with
Section 12-23 of the Miami Dade Code of Ordinances because the petitions
failed to lawfully describe the Strong Mayor Plan and were improperly
translated into Spanish and failed to include the text of the proposed charter
amendment (Count II);
c. That the Referendum was unlawfully procured by submitting petitions that
were circulated by illegal petition circulators in violation of Section 12-23(1)
of the Miami Dade Code of Ordinances (Count III);
d. That the Referendum impermissibly violates the First Amendment rights of
the Petitioner and other similarly situated Miamians because it impermissibly
“logrolls” multiple changes to the Charter of the City of Miami in a single
referendum question (Count IV);
7
As Commissioner Carollo has done in the first four counts, parties seeking declaratory relief must show
that: there is a bona fide, actual, present practical need for the declaration; that the declaration should deal
with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts; that
some immunity, power, privilege or right of the complaining party is dependent upon the facts or the law
applicable to the facts; that there is some person or persons who have, or reasonably may have an actual,
present, adverse and antagonistic interest in the subject matter, either in fact or law; that the antagonistic
and adverse interest are all before the court by proper process or class representation and that the relief
sought is not merely the giving of legal advice by the courts or the answer to questions propounded from
curiosity. May v. Holley, 59 So.2d 636, 639 (Fla.1952).
Page 33
(ii) An injunction:
Prohibiting the City Clerk and Supervisor of Elections (to the extent
necessary) from holding the Referendum (Count I-IV);
(iii) A writ of mandamus:
Requiring the City Clerk to disqualify all petitions unlawfully circulated by
ineligible petition circulators and report to the City of Miami Commission
whether the Strong Mayor Plan obtained a sufficient number of signatures to
be placed on the November 2018 general election ballot (Count V);
(iv) An award of costs, including attorneys’ fees, to the extent permitted by law
(Counts I-V); and
(v) Such other and further relief as the Court may deem just and proper.
RESERVATION OF RIGHTS
Commissioner Carollo reserves the right to amend his claims as appropriate as additional
facts and circumstances giving right to said claims are adduced through discovery.
Respectfully Submitted,
September 4, 2018
Miami, Florida
Attorneys for Plaintiff/Petitioner
Commissioner Joe Carollo
100 Southeast Second Street, 44th Floor
Miami, Florida 33131
Telephone: (305) 349-2300
Facsimile: (305) 349-2310
By: /s/ Jesus M. Suarez

Jesus M. Suarez
Email: JSuarez@GJB-law.com
Florida Bar No.60086
John A. Arrastia
Email: JArrastia@GJB-law.com
Florida Bar No. 72461
Page 34
EXHIBIT A
The Committee’s Statement of Organization

STATEMENT OF ORGANIZATION
OF POLITICAL COMMI I Ihb MUHARI9 AHI|:27
(PLEASE TYPE)
®Ffk'£ OF THE CITY rt Pmu
CITY OF MIAMI
1. Full Name of Committee Telephone

Miamians for an Independent and Accountable Mayor's Initiative, Inc. (305)445-0777
Mailing Address (include city, state and zip code)

2600 South Douglas Rd., Suite #900
Coral Gables, Florida 33134
Street Address (include city, state and zip code)

2600 South Douglas Rd., Suite #900
2. Affiliated or Connected Organizations(Includes other committees of continuous existence and political

committees)
Name of Affiliated or
Connected Organization Mailing Address Relationship
N/A
3. Area, Scope and Jurisdiction of the Committee

Sponsor of Mayor Charter Amendment in City of Miami; City of Miami ballot issues
4. Nature of Organization or Organization's Special Interest (e.g., medical, legal, education, etc.)
Government
5. Identify by Name, Address and Position, the Custodian of Books and Accounts(Include treasurer's name)
Full Name Mailing Address Committee Title or Position
Jose Riesco 2600 South Douglas Rd., Suite #900, Treasurer

Coral Gables, FL 33134
DS-DE 5(Rev. 06/11)-Rule 1S-2.017 (continued on reverse side)

6. List by Name, Address and Position, Other Principal Officers, Including Officers and Members of the
Finance Committee, If Any (include chairman's name)
Full Name Mailing Address Committee Title or Position
Antonio Argu 14&0Br)cl(aHAve. 18th Floor. Miatn, FL 33131 Chairman
Chetin CXjrsn 1440 Brtckaa Bay Dr.. Apt. 402. Miami. FL 33131 Membar
Harry Piedra 1801 Coral Gate Dr, Mami. FL 33134 Merrtwr
Richard Dunn 1895 NWSTth St. Miami. FL 33142 Member
Thelma Gitison 3661 FianklinAve .Miami. FL 33133 Member
I. Ekph Sfierc 150 W Flagler St $te.2900. PHII, Miam. FL 33130 Member
7. List by Name, Address, Office Sought and Party Affiliation Each Candidate or Other Individual that this
Committee is Supporting (if none, please indicate)
Full Name Mailing Address Office Sought Party
N/A
8. List Any Issues this Committee is Supporting: Qj^y Mjami - Mayor Charter Amendment
fvj
List Any Issues this Committee is Opposing:
I
9. If this Committee Is Supporting the Entire Ticket of a Party, Give Name of Party
r1
N/A o— rx c>
vo
10. In the Event of Dissolution, What Disposition will be Made of Residual Funds?
Return to contributors or contribute to a 501(c) organization 3^ = n
yj
11. List all Banks, Safety Deposit Boxes, or Other Depositories Used for Committee Funds 12
^ s-l_
Name of Bank or Depository & Account Number Mailing Address
Pacific National Bank 255 Aragon Avenue

12. List all Reports Required to be Filed by this Committee with Federal Officials and the Names, Addresses
and Positions of Such Officials, If Any
Report Title Dates Required to be Filed Name & Position of Official Mailing Address
Form 990 Annual IRS Ogden, UT
Form 1120-POL Annual IRS Ogden, UT
STATE OF
Florida Miami-Dade COUNTY
, Antonio Argiz , certify that the information in this Statement of
Organization is TOmpleta true and cor
Signature of ChairnfarAof Po iti mittee Date
DS-DE 5(Rcv. 06/11)- Rule 1S-2.0I7 page 2

EXHIBIT B
The Strong Mayor Plan

PROPOSED CHARTER AMENDMENTS
STRONG MAYOR-COMMISSION FORM OF
GOVERNMENT
April 13, 2018
CHARTER WITH AMENDMENTS
Sec. 4. - Form of government; nomination and election.
(a) General description. The form of government of the City of Miami, Florida, provided for under this
Charter shall be known as the "mayor-city commissioner plan Strong Mayor-Commission plan.," and t
The city commission shall consist of five citizens, who are qualified voters of the city and who shall be
elected from districts in the manner hereinafter provided. The city commission shall constitute the
governing body with powers (as hereinafter provided) to pass ordinances adopt regulations and
exercise all powers conferred upon the city except as hereinafter provided. The mayor shall exercise
all powers conferred herein and shall appoint as provided in section 4(g)(6) of this Charter a chief
administrative officer to be known as the "city manager."
(b) Election of mayor and city commission; terms of office; recall. There shall be elected by the qualified
electors of the city at large a mayor who shall be a qualified elector residing within the city at least one
(1) year before qualifying and must maintain a residence in the city for the duration of his or her term.
The mayor shall not serve as a member of the city commission.
The city commission shall consist of five members who shall be elected from districts within the city,
numbered 1 through 5. All persons desiring to run for the office of city commissioner shall file in the
district, numbered 1 through 5, for which they are qualified as provided in subsection (c) of this section
of the Charter. City commissioners in districts numbered 3 and 5 shall be elected at the general
municipal election or runoff election to be held in the year 2001 and at the general municipal election
or runoff election each four years thereafter. City commissioners in districts numbered 1, 2, and 4 shall
be elected at the general municipal election or runoff election to be held in the year 2003 and at the
general municipal election or runoff election each four years thereafter.
The mayor shall be elected at large by the electors of the city and shall hold office for a term of four
years.
The mayor and all city commissioners [are] to hold office from twelve o'clock noon five days after the
canvass of the vote by the supervisor of elections and the declaration of the result of either 1) the
general municipal election or 2) runoff election and until their successors are elected and qualified.
Commencing with the election to be held in November 2001, and all elections subsequent thereto, no
mayor or city commissioner elected and qualified for two consecutive full terms under this or any
preceding form of government shall be eligible for reelection in the next succeeding term. The mayor
and all other members of the city commission shall be subject to recall in accordance with the municipal
recall procedures set forth in Section 100.361, Florida Statutes. Vacancies Commission vacancies
shall be filled as provided in section 12[.] of the this Charter.
If a candidate for office of mayor or city commissioner receives a majority of votes in the general
municipal election for that office, the candidate shall be considered elected upon and after the canvass
of the vote and the declaration of the result of the election as provided. If no candidate receives a
majority of the votes for that office, the two candidates for the respective office who received the
greatest number of votes for that office in the general municipal election shall be placed on the ballot
at the runoff election. The candidate receiving the greatest number of votes in the runoff election, shall
be considered elected to the office for which the candidate has qualified.
(c) Qualifications of mayor and city commission; mayor, city commissioners, and other officers and
employees not to be interested in contracts, etc.; franks, free tickets, passes or service. Candidates
Page 1 of 16
for mayor shall be residents of the city for at least one (1) year immediately prior to qualifying and shall
be electors therein, and shall maintain continuous residence in the City for the duration of their term in
office. Further, candidates for the city commission shall have resided within the district at least one (1)
year immediately before qualifying and be electors in that district, and shall maintain continuous
residence in that district for the duration of their term of office. The mayor, city commissioners, and
other officers and employees shall not be interested in the profits or emoluments of any contract, job,
work or service for the municipality. The mayor or any city commissioner who shall cease to possess
any of the qualifications herein required shall forthwith forfeit his or her office, and any such contract
in which any member is or may become interested may be declared void by the city commission.
No mayor, city commissioner, or other officer or employee of said city shall accept any frank, free
ticket, pass or service directly or indirectly, from any person, firm or corporation upon terms more
favorable than are granted to the public generally. Any violation of the provisions of this section shall
be a misdemeanor. Such prohibition of free service shall not apply to police or fire personnel in uniform
or wearing their official badges, where same is provided by ordinance.
(d) City commission to be judge of its own elections; neither mayor nor city commission nor any
committees nor members thereof to may dictate appointments by or interfere with city manager the
mayor. The city commission shall be the judge of the election and qualifications of the mayor and its
own members, subject to review by the courts. Neither the mayor nor the city commission, nor any
committees nor members thereof shall direct, request, take part in, or dictate the appointment or
removal of any person in office or employment by the city manager mayor or subordinates, or in any
manner interfere with the city manager mayor or prevent the city manager mayor from exercising
his/her own judgment in the appointment of officers and employees in the administrative service.
Except for the purpose of inquiry and as may be necessary as provided in section 14, the mayor, the
city commission, any committees and members thereof shall deal with the administrative service solely
through the city manager, and neither the mayor nor the city commission, nor any committees nor
members thereof shall give orders to any of the subordinates of the city manager, city attorney, city
clerk and independent auditor general, either publicly or privately. This restriction does not apply for
the purpose of communicating and making written inquiry to the administrative services for the purpose
of transmitting constituent inquiries or assisting any city commissioner in the exercise of their authority
as set forth in this Charter or as may be necessary as provided in section 14. Except as provided
elsewhere in this Charter, neither the city commission nor any committees nor members thereof shall
give orders to any of the subordinates of the mayor, city attorney, city clerk, and independent auditor
general, either publicly or privately. Any such dictation, prevention, orders, or other interference or
violation of this section on the part of the mayor or a member of the city commission or committees
shall be deemed to be a violation of the Charter, and upon conviction before a court of competent
jurisdiction any individual so convicted shall be subject to a fine not exceeding five hundred dollars
($500.00) or imprisonment for a term of not exceeding sixty days or both, and in the discretion of the
court shall forfeit his or her office. Any willful violation of the provisions to this section by the mayor or
any city commissioner shall be grounds for his or her removal from office by an action brought in the
Circuit Court by the state attorney of this county.
(e) Appointments by mayor; election of officers by city commission; rules of city commission; quorum.
The city commission mayor shall elect appoint a city clerk and a city attorney. No member of the city
commission or the mayor shall be chosen as city manager or as a member of the civil service board
or appointed to any other city office or employment. The Mayor shall not be a member of the
commission or be counted for quorum, but shall serve as the city commission chair without a vote. The
provisions of Florida’s Government in the Sunshine Law shall not apply to the mayor meeting or
communicating with members of the city commission. The city commission shall elect its vice-chair by
majority vote, who shall perform the duties of the chair in the absence or incapacity of the chair. Any
member of the city commission may be selected by the city commission to preside over city
commission meetings in the absence of the chair or vice-chair. The city commission may determine
its own rules of procedure, may punish its own members for misconduct, and may compel attendance
of members. The city commission may organize itself into standing committees or special committees.
Upon formation of any such committees, the city commission may appoint its members or authorize
the chair to appoint committee members. Standing or special committees of the city commission shall
Page 2 of 16
mean those comprised of city commission members only. A majority of all the members of the city
commission shall constitute a quorum to do business, but a smaller number may adjourn from time to
time.
(f) Meetings of city commission; ordinance to be read by title only. At twelve o'clock noon on the day the
mayor or city commissioners take office, they shall meet at the city hall. Thereafter, tThe city
commission shall meet at such time and place as may be prescribed by ordinance or resolution. The
meetings of the city commission and all sessions of committees of the city commission shall be public.
Ordinances shall be read by title only. No member shall be excused from voting except on matters
involving the consideration of his or her own official conduct, or where his or her financial interests are
involved.
(g) Powers and duties of mayor. The mayor shall serve as the chief executive and administrative officer
and head of the city government with the following specific powers and duties:
(1) The mayor shall be the presiding officer chair of the city commission with the right to attend city
commission meetings, speak and take part in the discussion, and to recommend to the city
commission the adoption of such measures as may be necessary or expedient authority to
designate another member of the city commission to serve as presiding officer.
(2) The mayor shall be recognized as the official head of the city for all ceremonial purposes, by the
courts for the purpose of serving civil process, and by the governor for military purposes. The
mayor shall be responsible for the management of all administrative departments of the City, for
carrying out ordinances, resolutions, policies, and other measures adopted by the city
commission, and seeing that all laws and ordinances are enforced. The mayor, or such other
persons who may be designated by the mayor, shall execute contracts and other instruments,
and sign bonds and other evidences of indebtedness.
(3) The mayor shall serve as the head of the City for emergency management purposes. In time of
public danger or emergency, the mayor may declare a state of emergency as provided in state
law and may with the consent of the city commission, take command of the police and maintain
order and enforce the laws.
(34) The mayor may appoint administrative aides to have such duties as the mayor may determine
and to serve at the mayor’s pleasure. The mayor’s administrative aides shall be excluded from
the civil service provisions of the Charter and Ordinances of the City of Miami.
(35) Unless otherwise provided by this Charter, the mayor shall have the power to appoint, reprimand,
and remove all department directors and all subordinate officers and employees in the
departments in both the classified and unclassified service of the administrative departments of
the City. The mayor’s power to reprimand and remove does not extend to the staff of the city
commission. All appointments shall be upon merit and fitness alone, and in the classified service,
all appointments and removals shall be subject to the civil service provisions of this Charter.
Appointment of department directors shall become effective unless disapproved by a 4/5ths
affirmative vote of those city commissioners then in office at the city commission's next regularly
scheduled meeting. Such vote shall be final and the mayor shall be prohibited from reappointing
the disapproved department director. The police chief and fire chief shall be appointed by and
subject to the supervision of the mayor. All administrative functions not otherwise specifically
assigned to others by this Charter shall be performed under the supervision of the mayor. The
mayor shall have the right to suspend, reprimand, remove, or discharge any administrative
department director, the police chief, and the fire chief, with or without cause.
(46) During the voluntary temporary absence or disability, the mayor shall appoint a member of the
city commission to perform the duties of the mayor. However, in the event that the mayor does
not or is unable to make such designation, the city commission shall designate a member of the
city commission to perform the duties of the mayor during the temporary absence or disability of
the mayor by a four-fifths vote of the city commissioners then in office.
(57) The mayor shall, within ten days of final adoption by the city commission, have veto authority over
any legislative, quasi-judicial, zoning, master plan or land use decision of the city commission,
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including the budget or any particular component contained therein which was approved by the
city commission; provided, however that if any revenue item is vetoed, an expenditure item in the
same or greater dollar amount must also be vetoed. The city commission may, at its next regularly
scheduled or special meeting after the veto occurs, override that veto by a four-fifths vote of the
city commissioners present, notwithstanding any provisions to the contrary contained in the
Charter and city code. Said veto power shall include actions pursuant to sections 29-B through
29-D of the Charter. The mayor may not veto the selection of the vice-chair of the commission,
the enactment of commission committee rules, the formation of commission committees, or the
appointment of members to commission committees.
(6) When one person succeeds another in the position of mayor, the successor shall have the right
to appoint the city manager, subject to the approval within 14 days of a majority of the city
commissioners then in office. In the event of a vacancy in the office of city manager, the mayor
shall appoint the city manager, subject to the approval within 14 days of a majority of the city
commissioners then in office. The mayor may remove the city manager subject to the city
commission's conducting a hearing within 10 days of said removal and the city commission's
overriding the mayor's action by a four-fifths vote of those city commissioners then in office.
Additionally, the city commission by a four-fifths vote of those city commissioners then in office
shall be able to remove the city manager.
(78) The mayor shall establish and appoint the members of all standing and special committees of the
city commission and the chairperson and vice-chairperson of each committee. There shall be as
many standing and special committees of the city commission as deemed necessary by the
Mayor. Standing or special committees of the city commission shall mean those comprised of city
commission members only. The mayor shall keep the city commission fully advised as to the
financial condition and needs of the City.
(89) The mayor shall prepare and deliver a report on the state of the city to the people of the city
between November 1 and January 31 annually. Such report shall be prepared after consultation
with the city commissioners and the city manager.
(910) The mayor shall prepare and deliver a budgetary address annually to the people of the city
between July 1 and September 30. Such report shall be prepared after consultation with the city
manager.
(911) The mayor may, without notice, cause the affairs of any department or the conduct of any officer
or employee to be examined. Any person or persons appointed by the mayor to examine the
affairs of any department or the conduct of any officer or employee shall have the same right to
require the attendance of witnesses and production of books and papers and other evidence as
is conferred upon the mayor and city commission by this Charter.
(912) The mayor shall perform such other duties as may be prescribed by this Charter or be required
by the mayor or ordinance or resolution of the City Commission.
(913) All references to the city manager in the Charter and City Code of Ordinances shall be amended
to substitute the word “mayor.”
(h) Vacancy in the office of mayor.
(1) Permanent vacancy resulting from death, resignation, recall, court order, or other lawful action. If
the office of the mayor becomes permanently vacant by reason of death, resignation, recall, or
other lawful action, such vacancy shall be filled with a member of the administration designated
by the mayor upon assuming office or prior to the vacancy, with notice having been given to the
city commission in writing in advance of the vacancy, unless the designee is disapproved by a
4/5ths affirmative vote of those city commissioners then in office at the next regularly scheduled
meeting. Such vote shall be final and the mayor shall be prohibited from re-designating the
disapproved member of the administration. The designee shall exercise all authority of the office
of mayor and shall perform the duties and assume the responsibilities of that office, except for
exercising a mayoral veto, until a special election which shall be held no more than 90 days after
the vacancy is created.
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(2) Temporary vacancy resulting from disability, suspension, court order, or other lawful action. If the
office of the mayor becomes temporarily vacant by reason of disability, suspension, court order,
or other lawful action, the temporary vacancy shall be filled with a member of the administration
designated by the mayor upon assuming office or prior to the vacancy, with notice having been
given to the city commission in writing in advance of the vacancy, unless the designee is
disapproved by a 4/5ths affirmative vote of those city commissioners then in office at the next
regularly scheduled meeting. Such vote shall be final and the mayor shall be prohibited from re-
designating the disapproved member of the administration. The designee shall exercise all
authority of the office of mayor and shall perform the duties and assume the responsibilities of
that office, except for exercising a mayoral veto, for up to 120 days. If the temporary vacancy
exceeds 120 days, a special election shall be held no more than 90 days after the expiration of
the 120-day period. Provided that if the mayor who is the subject of the temporary vacancy is later
absolved of the allegations of wrongdoing or otherwise recovers from the disability during the
term of office to which elected, the mayor shall be entitled to resume the office for the remainder
of the unexpired term, if any. The term of the individual who assumed or was elected in the special
election to the position previously temporarily vacated by the mayor shall automatically terminate
upon the restoration to office of the original seat-holder.
If the elected mayor is returned to office, the mayor will automatically resume the duties of the
office of mayor for the balance of the term to, which elected. The existence of a disability
incapacitating the elected mayor from performing the duties of the office shall be determined by
an affirmative vote of at least five (5) city commission members based upon competent,
substantial medical evidence.”
(hi) Salaries of the mayor and commission. Effective on November 4, 2003, there shall be paid to the city
commissioners the sum of $58,200, which is equal to sixty percent of the mayor's salary in effect on
July 16, 2003. Such salary shall be paid per year for each commissioner, in twelve equal installments.
The compensation of the mayor shall be determined by the commission, and in no event shall be less
than 75% of the compensation to the Miami-Dade County Mayor.
(j) Effective date of Strong Mayor-Commission form of government. Notwithstanding any other provision
of this Charter, the Strong Mayor-Commission form of government is effective and implemented
immediately upon approval by a majority of the electors of the city voting at an election called for the
purpose of voting on the amendment. In order to implement this Charter amendment, the current
elected city officials constitute the initial mayor and city commissioners identified in Section 4(a)
through the expiration of their current terms of office.
Sec. 12. - Filling vacancies for mayor and commission.

(a) A vacancy on the city commission or in the office of mayor caused by death, resignation, forfeiture,
suspension, removal, or other action or causes shall be filled within ten days after such vacancy occurs
by a majority of the remaining city commissioners. The person appointed must meet the qualifications
of the office as required in section 4 of this Charter. The term of office of the person so appointed,
except in the circumstances detailed in section (c) below, shall be until the successor in office is elected
and qualified at whichever of the following occurs first:
(1) the odd-year general municipal election for mayor and city commissioners held pursuant to
section 4 of the Charter, or
(2) the even-year State of Florida general election, at which election national, state and county
offices are filled,
The candidates for such election shall be qualified as provided in section 4 of this Charter and the
qualifying period and requirements for such election shall be as provided in section 7 of this Charter. The
person elected as provided in (a)(1) or (a)(2) of this Section shall serve for the remainder of the unexpired
term of that office.
Page 5 of 16
(b) If the remaining city commissioners shall fail or refuse to fill such vacancy within ten days after it
occurs, as provided herein, the city commission shall call a special election to fill the vacancy to be
held at a date not less than thirty-eight or more than forty-five days after the expiration of the ten-day
period and the five day qualifying period. The qualifying period for such special election shall be for
the five days not including Saturday, Sunday or legal holidays before the thirty-eighth day before the
date of the election and the procedure for the election not otherwise provided for in this section shall
be as provided in section 7 of this Charter. Except in the circumstances detailed in section (c), effective
November 7, 2017, the person who receives the greatest number of votes for the office in said special
election is elected to fill the vacancy for the remainder of the unexpired term of that office.
(c) If a vacancy in any elected commission office is caused by forfeiture, suspension, or removal, the
vacancy shall be filled in the same manner as described in sections (a) and (b) above, provided that if
the elected official who has so vacated his or her seat is later absolved of the allegations of wrong-
doing, that elected official shall be entitled to resume his or her elected position for the remainder of
the unexpired term, if any. The term of the individual who assumed the position previously vacated by
that elected official shall automatically terminate upon the restoration to office of the original seat-
holder.
(d) If the city commissioners shall fail to comply with their duties as set forth in this section, then, and in
that event, the court is hereby empowered and authorized to enforce compliance with this act or to call
an election itself to fill such vacancy or vacancies on the city commission or in the office of mayor.
Sec. 14. - Commission may investigate official transactions, acts and conduct.
The mayor, city commission, or any committee thereof may investigate the financial transactions of
any office or department of the city government and the official acts and conduct of any city official, and by
similar investigations may secure information upon any matter. In conducting such investigations the mayor,
city commission, or any committee thereof, may require the attendance of witnesses and the production of
books, papers and other evidence, and for that purpose may issue subpoenas which shall be signed by the
mayor, the presiding officer of the city commission, or the chair of such committee, as the case may be,
which may be served and executed by any police officer.
Sec. 15. - City manager—Qualifications; appointment; term; salary; sickness or absence; removal.
The city manager shall be the head of the administrative branch of the city government. The city
commission shall fix the city manager's compensation, and the city manager shall serve as provided in
section 4(g). The city manager shall be chosen on the basis of the city manager's executive and
administrative qualifications. At the time of the city manager's appointment the city manager need not be a
resident of the state. Neither the mayor nor any city commissioner shall be eligible for the position of city
manager during or within two years after the expiration of their respective terms.
The mayor, subject to the approval of the city commission, may designate a qualified administrative
officer of the city to assume the duties and authority of the city manager during periods of temporary
absence or disability of the city manager.
The city manager shall be responsible for the administration of all units of the city government under
the city manager's jurisdiction, and for carrying out policies adopted by the city commission. The city
manager or designee shall execute contracts and other instruments, sign bonds and other evidences of
indebtedness.
Sec. 16. - Same—Powers and duties.
The powers and duties of the city manager shall be to:
(a) See that the laws and ordinances are enforced.
(b) Appoint and remove, except as otherwise provided in this Charter, all directors of the
departments and all subordinate officers and employees in the departments in both the classified
and unclassified service; all appointments to be upon merit and fitness alone, and in the classified
service all appointments and removals to be subject to the civil service provisions of this Charter.
(c) Exercise control over all departments and divisions created herein or that may be hereafter
created by the city commission.
Page 6 of 16
(d) Attend all meetings of the city commission with the right to take part in the discussion but having
no vote.
(e) Recommend to the mayor and city commission for adoption such measures as the city manager
may deem necessary or expedient.
(f) Keep the mayor and city commission fully advised as to the financial condition and needs of the
city; and
(g) Perform such other duties as may be prescribed by this Charter or be required by the mayor or
ordinance or resolution of the city commission.
Sec. 17. - Same—Examination of affairs of departments, officers or employees.

The city manager may, without notice, cause the affairs of any department or the conduct of any officer
or employee to be examined. Any person or persons appointed by the city manager to examine the affairs
of any department or the conduct of any officer or employee shall have the same right to require the
attendance of witnesses and production of books and papers and other evidence as is conferred upon the
mayor and city commission by this Charter.
Sec. 20. - Directors of departments.

The city manager mayor shall appoint a director for each department and, in the city manager mayor's
discretion, may consolidate two or more departments under one director. Each such director shall serve
until removed by the city manager mayor or until a successor has been appointed and qualified, shall
conduct the affairs of his or her department in accordance with rules and regulations made by the city
manager mayor, shall be responsible for the conduct of the officers and employees of his or her department,
for the performance of its business, and for the custody and preservation of the books, records, papers and
property under its control, and, subject to the supervision and control of the city manager mayor in all
matters, shall manage the department. None of the provisions of this section, however, shall be applicable
to the department of law, city clerk or office of independent auditor general.[4]
Sec. 21. - Department of law.

The city attorney shall be the director of the department of law and an attorney-at-law admitted to the
practice in the State of Florida. The city attorney shall be the legal advisor of and attorney and counsel for
the city, and for all officers and departments thereof in matters relating to their official duties. The city
attorney shall prosecute and defend all suits for and in behalf of the city, and shall prepare all contracts,
bonds and instruments in writing in which the city is concerned and shall endorse on each approval of the
form and correctness thereof.
The city attorney shall be the prosecuting attorney of the municipal court. The city attorney shall have
such number of assistants as the city commission by ordinance may authorize. The city attorney shall
prosecute all cases brought before such court and perform the same duties, so far as they are applicable
thereto, as are required of the prosecuting attorney of the county.
When required to do so by the resolution of the city commission, the city attorney shall prosecute or
defend for and in behalf of the city all complaints, suits and controversies in which the city is a party, and
such other suits, matters and controversies as he shall, by resolution or ordinance, be directed to prosecute
or defend.
The mayor, city commission, the city manager, the director of any department, or any officer or board
not included within a department, may require the opinion of the city attorney upon any question of law
involving their respective powers and duties.
Page 7 of 16
The city attorney shall be a full-time governmental employee; shall not engage in the private practice
of law; and upon his or her election by the city commission appointment by the mayor shall serve until the
time for the election of the city officials mayor specified in section 4 of the Charter which follows the next
general municipal election, subject to the provisions of section 4(g).
Sec. 24. - Department of public safety.

The head of the department of public safety shall be known as the director of public safety.
Subject to the supervision and control of the city manager mayor in all matters, the head of the
department of public safety shall be the executive head of the division of police and fire. He or she shall be
the chief administrative authority in all matters pertaining to the erection, maintenance, repair, removal,
razing, occupancy and inspection of buildings under such regulations as may be ordained by the city
commission.
(a) Division of police. The police force shall be composed of a chief and such officers and other
employees as the city manager mayor may determine. The chief of police shall have the
immediate direction and control of the police force, subject to the supervision of the director of
public safety, and to such rules, regulations and orders as the said director may prescribe, and
through the chief of police, the director of public safety shall promulgate all orders, rules and
regulations for the government of the police force. The chief of police shall devote his or her entire
time to the discharge of his or her official duties and shall not be absent from the city except in
the performance of his or her official duties, unless granted a written leave of absence by the city
manager mayor. His or her office shall be kept open at all hours, day or night, and either the chief
of police or a subordinate shall be in constant attendance. In case of the disability of the chief of
police by reason of sickness, absence from the city or other cause, the director of public safety
shall designate one of the captains or lieutenants of police to act as chief of police during such
disability, and the officer so designated shall serve without additional compensation. The
members of the police force, other than the chief, shall be selected from the list of eligibles
prepared by the civil service board, and in accordance with such rules as the said board may
prescribe; provided, that in case of riot or emergency, the director of public safety may appoint
additional patrolmen and officers for temporary service, who need not be in the classified service.
Each member of the police force, both rank and file, shall have receive a warrant of appointment
signed by the city manager mayor, in which the date of the appointment shall be stated, and such
shall be that member's commission.
No person, except as otherwise provided by general law or this Charter, shall act as special police
or special detective except upon written authority from the director of public safety. Such authority,
when conferred, shall be exercised only under the direction and control of the chief of police and
for a time specified in the appointment.
The members of the police force of said city shall be invested with all the power and authority
necessary for enforcing the ordinances of said city.
The chief of police or any police officer of the City of Miami, may arrest without warrant, any
person violating any of the ordinances of the city committed in the presence of such officer, and
when knowledge of the violation of any ordinance of said city shall come to the said chief of police
or police officer, not committed in his or her presence, he or she shall make affidavit before the
judge or clerk of municipal court against the person charged with such violation, whereupon, said
judge or clerk shall issue a warrant for the arrest of such person.
(b) Division of fire. The fire force shall be composed of a chief and such other officers, firemen and
employees as the city manager mayor may determine. The fire chief shall have immediate direction
and control of the said department, subject to the supervision of the director of public safety and to
such rules, regulations and orders as the said director may prescribe and through the fire chief the
director of public safety shall promulgate all orders, rules and regulations for the government of the
fire department.
Page 8 of 16
The members of the fire department, other than the chief, shall be appointed from the list of
eligibles prepared by the civil service board and in accordance with such rules and regulations as
may be prescribed by said board; provided, that in case of riot, conflagration or emergency, the
director of public safety may appoint additional firemen and officers for temporary service who
need not be in the classified service.
The chief of the fire department and his or her assistants are authorized to exercise the powers
of police officers while going to, attending or returning from any fire or alarm of fire. The fire chief
and each of his or her assistants shall have issued to him or her a warrant of appointment signed
by the city manager mayor, in which the date of his or her appointment shall be stated, and such
warrant shall be his or her commission.
Whenever any building in said city shall be on fire, it shall be lawful for the chief of the fire
department to order and direct such building or any other building which he or she may deem
hazardous and likely to communicate fire to other buildings, or any part of such buildings, to be
pulled down or destroyed and no action shall be maintained against said chief or any person
acting under his or her authority therefor.
Sec. 25. - Supervision in divisions of police and fire.

The chief of police and fire chief shall have the right and power to suspend any of the officers and
employees in their respective division who may be under their management and control for incompetence,
neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority, or for any other
just and reasonable cause. If any officer or employee be suspended as herein provided, the chief of the
division concerned shall forthwith in writing certify the fact together with the cause of suspension, to the
director of public safety, who shall render judgment thereon, which judgment, if the charge be sustained,
may be a reprimand, fine, suspension, reduction in rank or dismissal.
The director of public safety in any investigation shall have the power to administer oaths and secure
the attendance of witnesses and the production of books and papers.
The employee shall be allowed the same appeal procedure as set forth in section 36(f) of the Charter,
provided, however, in the event the offices of city manager and director of public safety are held by the
same person, the city manager-director of public safety, before passing upon the guilt or innocence of the
person suspended, may authorize the civil service board to conduct a hearing upon the suspension charges
preferred by the chiefs of fire or police and to report its findings and recommendations back to said city
manager-director of public safety. The city manager-director of public safety then shall pass judgment upon
the person suspended, after considering the findings and recommendations of the civil service board.
Sec. 26. - Suspension and removal of chief of police and fire chief.
The city manager mayor shall have the exclusive right to suspend the chief of police and fire chief for
incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority,
or for any other just and reasonable cause. If either of such chiefs be so suspended the city manager mayor
shall forthwith certify the fact, together with the cause of suspension, to the commission who within five (5)
days from the date of receipt of such notice, shall proceed to hear such charges and render judgment
thereon, which judgment shall be final.
Sec. 27. - Finance, department of finance.

(a) Department director. Subject to the supervision and control of the city manager mayor, the director of
finance shall have charge of the department of finance and shall administer the financial affairs of the
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city, including the keeping and supervision of all accounts, the levy, assessment and collection of
revenues, the making and collection of special assessments, the custody and disbursement of city
funds and monies, the control over expenditures, and such other duties as the city manager mayor
may direct.
(b) Form and manner of keeping accounts and making reports. Accounts shall be kept by the department
of finance showing the financial transactions of all departments and offices of the city. The forms of all
such accounts and the financial reports rendered to or by the department of finance shall be prescribed
by the director of finance with the approval of the city manager mayor. The accounts and accounting
procedure of the city shall be consistent with the pronouncements of the Governmental Accounting
Standards Board and accounting principles as generally accepted in the United States.
Sec. 29-A. - Contracts for, unified development projects, and real property; safeguards.
(a) Unified development projects. A unified development project shall mean a project where an interest
in real property is owned or is to be acquired by the city, is to be used for the development of
improvements, and as to which the city commission determines that for the development of said
improvements it is most advantageous to the city to procure from a private person, as defined in the
Code of the City of Miami, one or more of the following integrated packages:
(1) planning and design, construction, and leasing; or
(2) planning and design, leasing, and management; or
(3) planning and design, construction, and management; or
(4) planning and design, construction, leasing, and management.
So long as the person from whom the city procures one of the above-mentioned integrated packages
provides all of the functions listed for that package, such person need not provide each listed function
for the entire unified development project nor for the same part of the unified development project.
As many members of the public having expertise in the field of real estate development or in other
relevant technical areas or who reside within the vicinity of a proposed unified development project
site as deemed appropriate by the city manager mayor shall be invited by the city manager mayor to
provide input during the preparation of documents for competitive processes of the unified
development project.
If deemed appropriate by the city manager mayor, the unified development project process shall
include a request for qualifications process prior to the issuance of a request for proposals.
Qualifications shall be evaluated by the city manager mayor or designee(s) and only those deemed
qualified in accordance with the specified evaluation criteria shall be invited to participate in the
subsequent request for proposal process for said unified development project.
Requests for proposals for unified development projects shall generally define the nature of the uses
the city is seeking for the unified development project and the estimated allocations of land for each
use. They shall also state the following:
(1) the specific parcel of land contemplated to be used or the geographic area the city desires to
develop pursuant to the unified development project;
(2) the specific evaluation criteria to be used by the below-mentioned certified public accounting
firm;
(3) the specific evaluation criteria to be used by the below-mentioned review committee;
(4) the extent of the city's proposed commitment of funds, property, and services;
(5) the definitions of the terms "substantial increase" and "material alteration" that will apply to the
project pursuant to subsection (e)(4) hereof; and
Page 10 of 16
(6) a reservation of the right to reject all proposals and of the right of termination referred to in
subsection (e)(4), below.
After public notice there shall be a public hearing at which the commission shall consider:
(1) the contents of the request for proposals for the subject unified development project;
(2) the selection of a certified public accounting firm, which shall include at least one member with
previous experience in the type of development in question; and
(3) the recommendations of the city manager mayor for the appointment of persons to serve on the
review committee. Said review committee shall consist of an appropriate number of city officials
or employees and an equal number plus one of members of the public, whose names shall be
submitted by the city manager mayor no fewer than five days prior to the above-mentioned public
hearing.
At the conclusion of the public hearing the city commission shall authorize the issuance of a request
for proposals, select a certified public accounting firm, and appoint the members of the review committee
only from among the persons recommended by the city manager mayor.
The procedure for the selection of an integrated package proposals shall be as follows:
(1) all proposals shall be analyzed by a certified public accounting firm appointed by the commission
based only on the evaluation criteria applicable to said certified public accounting firm contained
in the request for proposals. Said certified public accounting firm shall render a written report of
its findings to the city manager mayor.
(2) the review committee shall evaluate each proposal based only on the evaluation criteria
applicable to said review committee contained in the request for proposals. Said review
committee shall render a written report to the city manager mayor of its evaluation of each
proposal, including any minority opinions.
(3) taking into consideration the findings of the aforementioned certified public accounting firm and
the evaluations of the aforementioned review committee, the city manager mayor shall
recommend one or more of the proposals for acceptance by the city commission, or alternatively,
the city manager mayor may recommend that all proposals be rejected. If there are three or more
proposals and the city manager mayor recommends only one, or if the mayor recommends
rejection of all proposals, the city manager mayor shall state in writing the reasons for such
recommendation.
In transmitting his or her recommendation or recommendations to the commission, the city
manager mayor shall include the written reports, including any minority opinions, rendered to by
the aforementioned certified accounting firm and review committee.
(4) all contracts for unified development projects shall be awarded to the person whose proposal is
most advantageous to the city, as determined by the city commission.
The commission may accept any recommendation of the city manager mayor by an affirmative vote of
a majority of its members. In the event the commission does not accept a proposal recommended by the
city manage mayor or does not reject all proposals, the commission shall seek recommendations directly
from the aforementioned review committee, which shall make a recommendation or recommendations to
the commission taking into account the report of the aforementioned certified public accounting firm and
the evaluation criteria specified for the review committee in the request for proposals.
After receiving the direct recommendations of the review committee, the commission shall, by an
affirmative vote of a majority of its members:
(1) accept any recommendation of the review committee; or
(2) accept any previous recommendation of the city manager mayor; or
(3) reject all proposals.
Page 11 of 16
All contracts for unified development projects shall be signed by the city manager mayor or designee
after approval thereof by the commission. The city manager mayor or designee shall be responsible for
developing a minority procurement program as may be prescribed by ordinance and permitted by law in
conjunction with the award of contracts for unified development projects. The provisions of this charter
section shall supersede any other charter or code provision to the contrary.
(b) Sales and leases of real property; prohibition. Except as otherwise provided in this section, there shall
be no sale, conveyance, or disposition of any interest, including any leasehold, in real property owned
by the city, the department of off-street parking, or the downtown development authority, unless there
has been prior public notice and a prior opportunity given to the public to compete for said real property
or interest. Any such sale, conveyance, or disposition shall be conditioned upon compliance with: the
provisions of this section; such procurement methods as may be prescribed by ordinance; and any
restrictions that may be imposed by the city, the department of off-street parking, or the downtown
development authority, as appropriate. Further, no right, title, or interest shall vest in the transferee of
such property unless the sale, conveyance, or disposition is made to the highest responsible bidder,
as is determined by the city commission, or the off-street parking board, or the downtown development
authority board of directors. The city commission or the off-street parking board or the downtown
development authority board of directors, as appropriate, may by resolution waive the requirement of
sale, conveyance, or disposition to the highest responsible bidder by means of the following procedure:
the city manager mayor, the director of the off-street parking authority, or the director of the downtown
development authority, as appropriate, must make a written finding that a valid emergency exists,
which finding must be ratified by an affirmative vote of two-thirds of the city commission after a properly
advertised public hearing. When the requirement of sale, conveyance, or disposition to the highest
responsible bidder is waived, other procurement methods as may be prescribed by ordinance shall be
followed. The city or the department of off-street parking or the downtown development authority shall
have the power to reject all offers. All invitations for bids, requests for proposals, or other solicitations
shall contain a reservation of the foregoing right to reject all offers. This section shall not apply to
transfers to the United States or any department or agency thereof, to the State of Florida, or to any
political subdivision or agency thereof.
(c) Safeguards.
(1) All persons contracting with the city under this section shall be required to certify their compliance
with the antitrust laws of the United States and of the State of Florida and to hold harmless,
defend, and indemnify the city for any noncompliance by said persons with the above laws.
(2) All persons contracting with the city under this section shall be obligated to pay whichever is the
greater of the following: (i) all applicable ad valorem taxes that are lawfully assessed against the
property involved or (ii) an amount to be paid to the city equal to what the ad valorem taxes would
be if the property were privately owned and used for a profit-making purpose. Such taxes shall
not be credited against any revenues accruing to the city under any contract that may be awarded
under this section.
(3) Any proposal by a potential bidder or contractor that contemplates more than the estimated
extent of the city's proposed commitment of funds, property, or services shall be ineligible for
acceptance by the city commission.
(4) Any substantial increase in the city's commitment of funds, property, or services, or any material
alteration of any contract awarded under subsection (c) of this section shall entitle the city
commission to terminate the contract after a public hearing. Prior to such public hearing, the city
commission shall seek and obtain a report from the city manager mayor and from the review
committee that evaluated the proposals for the project, concerning the advisability of exercising
that right.
Sec. 36. - Civil service.
Page 12 of 16
(a) Creation of board; appointment; terms of office; vacancies; rules and regulations. A civil service board
of the city is hereby created and established. There shall be five members constituting the said civil
service board. Three shall be appointed by the city commission, and two shall be elected by the
employees of the city with civil service status, from said employees with such civil service status. The
two so elected shall become members of the board when confirmed by the city commission. All
members of the said civil service board shall serve for two years, and they shall take office as soon as
appointed and qualified. The city commission may remove any member of the board for cause, upon
stating in writing the reasons for the removal, after allowing him or her to be heard by the city
commission in his or her own defense. Any vacancy shall be filled by the city commission for the
unexpired term. The city manager mayor shall be authorized to prescribe the rules, regulations, and
procedure for the holding of election for the purpose of electing the two members of the civil service
board by the city employees with civil service status.
(b) Chairperson; examiner; subordinates. Immediately after appointment, the board shall organize by
electing one of its members chairperson. The board shall appoint a chief examiner who shall be a
member of the board and who shall also act as secretary. The board may appoint such other
subordinates as may by appropriation be provided for.
(c) Unclassified and classified service. The civil service of the city is hereby divided into the unclassified
and the classified service.
(1) The unclassified service shall include:
(A) The city manager mayor, his or her assistants, and secretarial staff;
(B) The heads of departments, members of appointive boards, judges of the city court, the city
clerk, chief of police, chief of fire division, and the superintendent of communications division;
(C) Assistants to department heads:
Assistant chiefs of the police division;
All ranks in the police division above the classified position of police captain;
Assistant chiefs of the fire division;
Chief of fire prevention;
Director of training in the fire division;
Battalion chiefs;
Chief of fire rescue;
Assistant to the superintendent of the division of communications;
Director of corrections.
(D) All attorneys employed by the city. The city attorney shall be the supervisor of all attorneys
employed by the city. The city attorney shall have exclusive authority regarding, but not
limited to appointment, removal and salary as to assistant city attorneys. The foregoing
provisions of subsection (D) shall not apply to those attorneys in the classified service of the
city on November 1, 1972.
Attorneys with permanent civil service rights appointed by the city attorney to any applicable
unclassified position above, shall retain civil service rights in the position from which selected
as may have accrued.
(E) All employees employed by the City and working within the Office of the Independent
Auditor General.
Page 13 of 16
Personnel with permanent civil service rights appointed by the city manager mayor to unclassified
positions shall retain said civil [service] rights in the position from which selected as may have
accrued.
(2) The classified services shall include all positions not specifically included by this Charter in the
unclassified service. There shall be in the classified service three classes, to be known as the
competitive class, noncompetitive class, and labor class.
(A) The competitive class shall include all positions and employment for which it is practicable
to determine the merit and fitness of applicants by competitive examinations.
(B) The noncompetitive class shall consist of all positions requiring peculiar and exceptional
qualifications of a scientific, city managerial, professional, or educational character, as may
be determined by the rules of the board.
(C) The labor class shall include ordinary unskilled labor.
(d) Rules; examinations; eligible lists; certification of vacancies. Subject to the approval of the city
commission, the board shall adopt, amend, and enforce a code of rules and regulations which shall
have the force and effect of law providing for appointment and employment in all positions in the
classified service, based on merit, efficiency, character, and industry; shall make investigations
concerning the enforcement and effect of this article and of the rules adopted; and shall make an
annual report to the city commission. The chief examiner shall provide examinations in accordance
with regulations of the board and maintain lists of eligibles of each class of the services of those
meeting the requirements of said regulations. Positions in the classified service shall be filled from
such eligible lists upon requisition from and after consultation with the city manager mayor. When
positions are filled, the employment officer shall so certify, by proper and prescribed form, to the
director of finance and to the director of the department in which the vacancy exists.
(e) Promotion. The board shall provide uniform rules for promotion to all positions in the classified service.
(f) Power of suspension, removal, fine, or demotion.
(1) Any officer or employee in the classified service may be removed, suspended, fined, laid off, or
demoted by the city manager mayor or by the head of the department in which such person is
employed, for any cause which will promote the efficiency of the service; but such person must
be furnished with a written statement of the reasons therefor within five days from the date of the
removal, suspension, fine, layoff, or demotion, and be allowed a reasonable time for answering
such reasons in writing, which answer shall be made a part of the records of the board, with the
suspension to take effect as of the date that such written statement is furnished. No trial or
examination of witnesses shall be required except in the discretion of the city manager mayor or
the head of the department. Any employee in the classified service who deems that he or she has
been suspended, removed, fined, laid off, or demoted without just cause may, within 15 days of
such action, request in writing a hearing before the civil service board to determine the
reasonableness of the action. The board shall, within 30 days after appeal of the employee
disciplined, proceed to hear such appeal. After hearing and considering the evidence for and
against the employee, the board shall report in writing to the city manager mayor its findings and
recommendations. The city manager mayor shall then sustain, reverse, or modify the action of
the department director. Any member of the civil service board and the director of personnel may
administer an oath to witnesses appearing before said board or before said director in an
investigation, disciplinary or appeal proceedings, and they shall have the power to issue witness
subpoenas and to compel the attendance of witnesses.
(2) The civil service board shall also have the right to remove or demote any official or employee in
the classified service upon written charges of misconduct made by any citizen, but only after
reasonable notice to the officer or employee and after a full hearing. It shall also be the duty of
the board to fix a minimum standard of conduct and efficiency for each grade in the service.
Whenever it appears from the reports of efficiency made to said board for a period of six months
that the conduct or efficiency of any employee has fallen below such minimum standard, that
employee shall be called before the board to show cause why he or she should not be disciplined.
Page 14 of 16
If upon hearing no reason is shown satisfactory to the board, the employee shall be removed,
suspended, or demoted, as the board may determine.
(g) Present employees. All persons in the employ of the city holding positions in the classified service, as
established by this Charter, at the time it takes effect, shall, unless their position is abolished, retain
same until discharged, demoted, promoted, or transferred, in accordance herewith.
(h) Certificate of board on payroll account necessary before payment of classified service member. The
treasurer or other public disbursing officer shall not pay any salary or compensation for service to any
person holding a position in the classified service unless the payroll or account for such salary or
compensation bears the certificate of the board, by its secretary, that the persons named therein have
been appointed or employed and are performing service in accordance with the provisions of this
Charter and of the rules established thereunder.
(i) Investigations and hearings. In any investigation conducted by the board, it shall have the power to
subpoena and require the attendance of witnesses and the production thereby of books and papers
pertinent to the investigation and to administer oaths to such witnesses.
(j) No discrimination in classified service. No person in the classified service or seeking admission thereto
shall be appointed, demoted, removed, or in any way favored or discriminated against because of
political opinions or affiliations. No person holding a position in the classified service shall take part in
political management or affairs or in political campaigns during city working hours or with personal
property belonging to the city.
(k) Penalties. The civil service board, subject to the approval of the city commission, shall determine the
penalties for the violation of the civil service provisions of this Charter.
(l) Salaries of board and employees. The salaries of the civil service board and its employees shall be
determined by the city commission, and a sufficient sum shall be appropriated each year to carry out
the civil service provisions of this Charter.
Sec. 51. - Civilian investigative panel.

The city commission shall, by ordinance, create and establish a civilian investigative panel to act as
independent citizens' oversight of the sworn police department, to be:
(A) Composed of: (i) twelve (12) civilian members who shall be nominated by the civilian
investigative panel and approved by the city commission and (ii) a thirteenth (13th) member who
shall be an appointee of the Chief of Police who is not a City of Miami Police Officer;
(B) Staffed with professional personnel, including but not limited to: (i) an executive director who
shall serve as chief executive officer and (ii) an independent legal counsel who is an experienced
and competent member of the Florida Bar with at least seven years membership in the Florida
Bar and is generally knowledgeable in municipal law, both of whom shall be appointed by and
subject to removal by the panel with the approval of the City Commission;
(C) Operated on an annual budget established by the City Commission, by ordinance, that will allow
the panel to maintain its independence and perform its Charter mandated functions, with sufficient
professional staff, while taking into account the City Manager mayor's declaration of a fiscal
emergency, a financial urgency, or financial emergency in the City;
(D) Authorized by vote of the CIP and in "consultation" with the state attorney of Miami-Dade County,
to issue subpoenas for allegations which are criminal in nature, provided that the CIP may not
confer immunity and must advise all city employees appearing before it that no adverse
employment consequences will result from the valid exercise of their right to be free from self-
incrimination, and, further, that no actions of the CIP may interfere with any pending or potential
criminal investigation or prosecution; and
(E) Authorized to:
Page 15 of 16
(1) Conduct independent investigations of allegations of police misconduct and police uses of
force resulting in death or great bodily harm to a person;
(2) Conduct independent investigations of other matters pertaining to repeated issues of
conduct by City of Miami Police Officers;
(3) Review police department policies and practices; and
(4) Make written requests and recommendations regarding the CIP's reviews and investigations
to the city manager mayor and the police chief, to which the Police shall issue a written
response within forty-five (45) days.
Page 16 of 16
EXHIBIT C-1
Example of the Committee’s Marketing Materials: “Frequently Asked Questions”

EXHIBIT C-2
“Miami voters will decide if mayor should have more power. But legal questions loom.”
The Miami Herald, August 14, 2018

8/31/2018 Miami voters will consider making mayor more powerful | Miami Herald
Chairman Keon Hardemon criticized the strong-mayor proposal but said he voted for it to put it before the city’s voters.
C.M. GUERRERO - cmguerrero@miamiherald.com
His assessment captured the mood surrounding Suarez’s quest to push a major piece of his agenda in his first year as mayor. He has cast his proposal
as a way to increase accountability in government, to allow voters to elect the top-decision maker in City Hall who would control the city’s $1 billion
budget and oversee a workforce of several thousand, from parks employees to the police chief.
But a few commissioners and even Miami-Dade Mayor Carlos Gimenez call the proposal an unprecedented power grab that would create an
imbalance in the city government. Under the proposed system, the mayor would be able to hire and fire the city attorney, name a successor who
would temporarily step in should the mayor be removed or resign and receive compensation of no less than 75 percent of the county mayor’s pay.
Reyes said the plan gives the mayor “absolute power” and he insisted the ballot question should include a number for the strong mayor’s
compensation. In the end, the question did not include a figure, but the debate sparked concerns about how much Suarez would be paid should the
voters make him a strong mayor.

Under the proposal, the mayor’s compensation hinges on what the county mayor earns. Currently, the county budgets a total compensation package of
about $478,000, which includes a base salary of $326,000 and additional benefits. But Gimenez only accepts about $150,000.
Currently the Miami mayor gets $130,600 in pay and other compensation, and the amount is not tied to the county mayor.
One of the strong mayor committee’s lawyers, Benedict Kuehne, told commissioners Tuesday that the intent was to set a floor for the strong mayor’s
salary, equating compensation to salary and arguing that Suarez would not get a raise based on the formula using Gimenez’s $150,000 salary.
“The change was a mechanism to depoliticize the setting of the mayor’s salary,” Kuehne said, referencing the current system where the commission
sets the mayor’s salary.
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https://www.miamiherald.com/news/local/community/miami-dade/article216649340.html 3/8
Reyes disagreed and said the wording leaves it open for the strong mayor to get a hefty raise based on what Miami-Dade budgets for the county
mayor’s pay.
The group leading Suarez’s effort, Miamians for an Independent and Accountable Mayor’s Initiative, is a political committee organized by the mayor
to collect signatures for the ballot petition, an effort that began in the spring. The petition process has come under increased scrutiny during the last
week from opponents and the media, questions that have dogged Suarez, who kept insisting that no matter what, the certification of about 20,000
signatures now forces the city to hold a referendum. That vote could either happen in November or later on during a special election that would cost
the city about $1 million.

Suarez’s political opponents seized on problems with the petition. The mayor said he wouldn’t be surprised if someone sued to block the referendum.
“Anytime something of this magnitude is advanced, it is fraught with people combing through documents trying to create issues that are not real
issues,” he said. “And this is no different. Unfortunately, this holds true to that dynamic.”
By continuing
Miami to use this site,
City Commissioner Joeyou give at
Carollo your
theconsent to our usemeeting
city commission of cookies for analytics,
on Tuesday, Aug. personalization
14, 2018. and ads. Read more
Among those parsing documents was Carollo, who spoke on several issues that have fueled controversy and could resurface in a legal challenge :
▪ About 40 percent of the signature collectors were not registered voters in Miami-Dade, a violation of county law. The committee’s attorneys argue
that this requirement is unconstitutional, and they simply referred to the county rules as a guide.
▪ Miami City Attorney Victoria Mendez issued a last-minute opinion Monday stating the county elections department should review the petitions to
make sure they comply with the county law and that circulators were registered voters.
▪ The petition included a summary of the proposed charter changes in English, Spanish and Creole, using the phrase “fiscal municipal” in Spanish to
refer to the city attorney. In Spanish, the word “fiscal” is widely used to refer to a prosecutor, not a municipal attorney.
▪ Suarez has said he would keep his current employment as an attorney at Greenspoon Marder in addition to his responsibilities as strong mayor.
When questioned how he would balance the jobs, he said he would likely appoint a chief operating officer to help the daily duties of managing the
city. Suarez said that person could be current City Manager Emilio Gonzalez, which leaves critics wondering: Why make a change at all?
The strong mayor initiative, now fraught with opposition, might not have been dogged by potential legal pitfalls if the city had its own law governing
the process for collecting signatures for a ballot petition. Emails and public documents obtained by the Miami Herald show City Clerk Todd Hannon
tried to create that law earlier this year, but Suarez’s office tried to stop it.
The city attorney’s office drafted an ordinance creating a ballot petition process for Miami, which Hannon wanted to sponsor as an item on the Feb.
22 agenda. The evening before a draft agenda was supposed to be published, the mayor’s chief of staff asked the city’s agenda coordinator to remove
the ordinance, according to the emails.
The ordinance was shelved and never resurfaced.
Suarez said he did not instruct the agenda coordinator to remove the ordinance. During the hearing, Carollo asked Suarez’s chief of staff, Joseph Ruiz,
if he told the agenda coordinator to take the item off the agenda. Ruiz said no.
But emails show he made the request of another person in the same office — a point he chose not to clarify for Carollo.
When asked about the email after the meeting, Ruiz said in an interview with the Herald that members of his office, plus the mayor, reviewed a draft
of the legislation and identified what they considered “legal issues” with the language.
“We took a look at it quickly. We didn’t think it was ... the mayor addressed some other legal issues,” Ruiz said. “There was an ask. There wasn’t a
directive at any point. And how it unfolded from there, I don’t know.”
Suarez later said he could not recall his conversation with his chief of staff. He said he read the ordinance for the first time Tuesday morning and
questions the legality of the proposal.
“I felt the ordinance is flawed, and I would never personally support it,” Suarez said.
Hannon, the sponsor of the item, said he simply never followed through on getting that item before the commission.
“It was me just not following up,” he said.
Under this pall of skepticism and uncertainty, the strong mayor question is now slated to go to a vote. Miami voters will see this question on the
November ballot:
Shall the Miami Charter be amended to change to a strong mayor-commission form of government; replace city manager with the mayor; mayor
serves as nonvoting, non-member commission chair; grant mayor power to appoint and remove city attorney, city clerk, police and fire chief,
department directors and employees; change filling mayoral vacancy and pay formula; adopt state recall procedure; provide other mayoral and
commission powers and changes; and make effective immediately?
Miami City Attorney Victoria Mendez gives an opinion at the commission meeting on Tuesday, August 14, 2018.
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EXHIBIT D
The Committee’s Affidavit

received
Meyer,Brooks,Demma and Blohm,P-a'."'®'P"'® PH ii- IJ
ATTORNEYS AT LAW
6FF EE OF THE CITY CLERK
CITY OF MIAMI
131 North Gadsden Street
Tallarassee,Florida 32301
www.meyerbrookslaw.com
850/878-5212
Ronald G. Meyer M.A1LING Address:
Thomas w. Brooks'^ Post Office Box 1547
Anthony D, Demma Tallahassee, Florida 32302
Jennifer S. Blohm Fax: 850/656-6750
LynnC. Hearn Email:jblohni@meyerbrookslaw.coni
Major R. Thompson April 16,2018
Board Certified in Labor and Employment Law
Xeitificd Circuit Mediator
Alex ViLLALOBOs
Of Counsel Lynn T. Thomas, FRP
Paralegal
Todd Hannon, City Clerk

Office of the City Clerk - City of Miami
3500 Pan American Drive
Re: City of Miami Charter Amendment
Dear Clerk Hannon:
Our firm represents the committee, Miamians for an Independent and Accountable
Mayor's Initiative, Inc. (d^/a "Strong Miami"). As authorized by Section 6.03 of the Miami-
Dade County Charter, Strong Miami plans to circulate a petition to amend the Charter of the City
of Miami to create an executive mayor.
Pursuant to Section 12-23 of the Miami-Dade County Code of Ordinances and Sections 5
and 2-112 of the City of Miami Code of Ordinances, I am submitting the attached package as a
citizens' charter petition. Although the City does not have a specific provision on charter
amendments, it is my understanding that your office must review and approve the petition as to
form without delay.
Enclosed, please find:
• Affidavit of Committee Members;

• Sample Petition Form for Signature Collection;
• A Copy of the Charter Amendment Language in English.
We are in the process of having the charter amendment language translated into Spanish
and French Creole. We will provide you with the translations in the near future.
RECEIVED
Todd Hannon, City Clerk
April 16, 2018 2018APR 16 PMli:|7
Page Two OF THE CITY CLERK
CITY OF MIAMI
Thank you for your assistance with this matter. I look forward to hearing from your
office in the near future and would appreciate it if you could keep me informed of the time
frames for the approval of the petition. If you have any questions, please do not hesitate to
contact me.
Sfrêrely,
nnifer
/JSB
Enclosures
AFFIDAVIT OF MIAMIANS FOR AN INDEPENDENT AND ACCOUNTABLE
MAYOR'S INITIATIVE,INC.
We, the undersigned, being first duly sworn, do hereby state under oath and
penalty of perjury that the following facts are true:
1. The names and addresses of the members of Miamians for an Independent and
Accountable Mayor's Initiative, Inc.("MIAMI"), a registered political committee,
are as follows:
Chelin Duran,1440 Brickell Bay Dr., Apt.402, Miami,FL 33131

Harry Piedra, 1801 Coral Gate Dr., Miami,FL 33134
Richard Dunn,1895 NW 57'^^ St., Miami,FL 33142
Thelma Gibson,3661 Franklin Ave., Miami,FL 33133
L. Elijah Stiers, 150 W.Flagler St., Ste. 2900,PH II, Miami,FL 33130.
2. Each of us is a registered elector of the City of Miami.
3. We, as a group, will constitute the committee formed for the purpose of
circulating a petition to amend the Charter of the City of Miami. We have
formed the political committee, MIAMI, for the purpose of soliciting and
collecting petition signatures and for receiving contributions and making
expenditures in support of a peHtion to amend the Charter of the City of Miami.
4. All notices regarding the petition to amend the Charter of the City of Miami
should be sent to the committee's registered agent: Jose Riesco, 2600 Douglas
Rd., Suite # 900, Coral Gables, Florida 33134.
5. The full text of the committee's proposed amendment to the Charter of the City
of Miami is attached as Exhibit A.
Each of us separately affirm that the foregoing are true and correct statements.
RECEIVED
2018 APR 16 PM l|! 18
afriL'EOKTKECITYCLERK
CITY OF MIAMI
VERIFICATION
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
CHEUJÛRAN
IMOîckell Bay Dr., Apt.402
Kami,FL 33131
The foregoing instrument was sworn to (or affirmed) before me this day of April,
2018, by Chelin Duran, who is □ personally know to me or □ has produced satisfactory evidence
of identification.
WITNESS my hand and seal in the County and State named above on this day of
April, 2018.
CARLOS PARDO
Notary Public - State of PInrida
tj-f Commission pf '98810
I Of
7^- My Comm. Expires Mar 9, 'Or 9 I
.
' Bonded ttirougti National Notary .Assn.f
My Coramissioh Expires: "ÎÔTARY PUBLIC
Notary Public:
Printed Name
{Type ofIdentification Produced: I>2r.>»€a.vs LrrCe»js*f J

received
îlWflPRie PHI,: IS
VERIFICATION
STATE OF FLORIDA
H^RRYPIEDRA
1801 Coral Gate Dr.
Miami,PL 33134
The foregoing instmment was sworn to (or afFirmed) before me this /C) day of April,
2018, by Harry Piedra, who is □ personally know to me or □ has produced satisfactory evidence
of identification.
WITNESS my hand and seal in the County and State named above on this / ^ day of
April, 2018.
My Commission Expires: NOTARY PUBLIC
Notary Public:
Printed Name
{Type ofIdentification Produced: i )
= •■* .. =
^ •. FF971W
%%■ •
RECEIVED
2018 fiPR 16 PH li: 18
CITY CLERK
CITY OF MIAMI
VERIFICATION
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
iîchÂcl iDunf]
RICHARD DUNN
1895 NW57»h St.
Miami,FL 33142
The foregoing instrument was swom to (or affirmed) before me this 1 1 day of April,
2018, by Richard Dunn, who is □ personally know to me or □ has produced satisfactory evidence
of identification.
WITNESS my hand and seal in the County and State named above on this 1 ^ day of
April, 2018.
My Commission Expires: NOTARY P Lie
Notary PublB^'^^b
Printed Nam^"
^
(Type ofIdentification Produced:
I GWHNDaYNM.T. WELLS
"U ftY COMMISSION #FF 965288
EXPIRES: March 27,2020
ii Thru Nolaiy Public Undeiwiltorc
RECEIVED
2018 APR 16 PM M 18
6Ff.CE OF THE CITY CLERK
CITY OF MIAMI
VERIFICATION
STATE OF FLORIDA )
THELMA GIBSON
3661 Franklin Ave.
Miami,FL 33133
The foregoing instrument was sworn to (or affirmed) before me this Ifiik day of April,
2018, by Thelma Gibson, who is □ personally know to me or al has produced satisfactory
evidence of identification.
WITNESS my hand and seal in the County and State named above on this day of
April, 2018.
My Commission Expires:
//7/lO NOTARY PUBLIC
Notary Public: Lo\Al 6 ^

Printed Name
{Jype ofIdentification Produced:r.
"-O"® PAROO
^ MY COMMISSION # FF948742
expires January 07. 2020
''■I n^""
VERIFICATION
STATE OF FLORIDA )
L. ELIJAH STIERS
150 W.Flagler St., Ste. 2900,PH H
Miami,FL 33130
The foregoing instrument was swom to (or affirmed) before me this day of April,
2018, by L. Elijah Stiers, who is □ personally know to me or a has produced satisfactory
evidence of identification.
WITNESS my hand and seal in the County and State named above on this 1 0^*- day of
April, 2018. carlos pardo

i Florida k
Commission # FF 198810 I
I My Comm. Expires Mar 9, ^019|
1 '"onfiVxO Bonded through National Notarv .As3n.r ^ ^
My Commission Expires: NOTARY PUBLIC
Notary Public: ciAr'^-cos

Printed Name
{Jype ofIdentification Produced: xyvxoga-'S (_-CCg:>^-3< )

deceived
">ismi6 pin,,g
SFf
EXHIBIT E
The Petition

PETITION TO AMEND CITY OF MIAMI CHARTER/ PETICION PARA ENMENDAR LA CART A CONSTITUTIV A DE LA CIUDAD DE
MIAMI/PETISYON POU AMANDE CHAT VIL MIAMI A
We, the undersigned qualified electors of the City of Miami , Florida, petition the City of Miami Commission to place a charter amendment on the next
available ballot in accordance with Sec. 2-112 of the City of Miami Code of Ordinances that would change to strong mayor-commission form of
government; replace city manager with the mayor; make mayor the chief executive and administrative head and chair, but not member, of the city
commission without a vote; grant mayor the power to appoint and remove the city attorney, city clerk, police and fire chief; provide other powers; change
filling a vacancy in mayor; provide for recall of mayor and city commissioners; change mayor's salary and make changes effective immediately.
Nosotros, los abajo fmnantes , electores calificados de la ciudad de Miami, Florida, le solicitamos a la Comisi6n de la Ciudad de Miami que realice una
enmienda a la carta constitutiva en la pr6xirna votaci6n disponible de conformidad con el Art. 2-112 de! C6digo de Ordenanzas de la Ciudad de Miami que
cambiaria hacia una comisi6n con forma de gobierno de alcalde fuerte; reemplazaria al administrador de la ciudad por el alcalde; haria del alcalde el
director ejecutivo y jefe adrninistrativo y presidente, pero no miembro, de la comisi6n de la ciudad sin una votaci6n; le otorgaria al alcalde la facultad de
nombrar y destituir al fiscal municipal, secretario municipal, jefe de policia y de bomberos; le otorgaria otras facultades ; cambiaria la forma de cubrir una
vacante en la alcaldia; contemplaria la remoci6n de! alcalde y de los comisionados de la ciudad; cambiaria el salario de! alca lde y haria los cambios
efectivos de manera inmediata.
Nou, elekte ki kalifye nan Vil Miami, Florid la, petisyon, Komisyon Vil Miami a mete yon amannman sou chat sou pwochenn bilten vot ki disponib an
ako ak Sek. 2-112 nan Kod Odonans Vil Miami a ki ta ka chanje a yon fom gouvenman fo majistra-komisyon; ranplase manadje vii la avek majistra-a; fe
majistra chef egzekitif la ak tet administratif ak prezidan, men se pa manm, nan komisyon vil la san yon vot; akode majistra pouvwa pou Ii nonmen ak
retire avoka vii la, grefye vii la, chef lapolis ak ponpye; bay lot pouvwa; chanje kijan nou ranpli yon pos vid nan majistra; fe pwovizyon pou retire majistra
ak komisyone yo; chanje sale majistra a epi fe chanjman yo efikas imedyatman.
SEE ATTACHED FOR AMENDMENT TEXT (Underlines indicate additions to text; strikethroughs indicate removal of text)
VER ADJUNTO PARA VER EL TEXTO ENMENDADO (El subrayado indica afi.adidos al texto; el tachado indica que el texto se elimin6)
WE ATACHE A POU TEKS AMANNMAN (Saki souliye endike sa ki ajoute nan teks; sa ki make yo endike teks yo retire)
Write information below/Escriba la informaci6n abajo/Ekri enfomasyon an pi ba la-a:

Print Name/ Escriba su Residence Address or Precinct Number/ Date of Birth or Voter Registration/Information Signature/Firma/Siyati
nombre en letra de Direcci6n de su domicilio o numero de! Number/Pecha de nacirniento o numero de
imprenta/Ekri non an gwo recinto/ Adres kay oswa nimewo biwo v6t inscripci6n/informaci6n de elector/Oat nesans
Jet oswa nimewo enskripsyon/enf6masyon vote
Date/Fecha/Dat: D Check if change of address/Marque aqui si cambi6 de domicilio/Make si se chanjman adres

Any individual who knowingly signs more than one petition or who attempts to sign another person's name, or a fictitious name, shall be punishable by a
fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for a period not to exceed sixty (60) days, or by both.
A toda persona que a sabiendas firme mas de una petici6n o que trate de firmar con el nombre de otra persona o un nombre ficticio, se le pudiera irnponer
de castigo una multa de no mas de quinientos d6lares ($500.00) o privar de libertad porno mas de sesenta (60) dias, o ambas cosas.
Nenp6t moun ki an tout konesans siyen pliske yon petisyon oubyen ki tante siyen non yon lot moun, oswa yon fo non, vajwenn pinisyon de yon amann ki
pou pa depase senk san dola ($500.00) oswa anprizonnrnan nan prizon konte a pou yon pery6d ki pou pap depase swatant (60) jou, oubyen toude.
Pd. pol. adv. paid fo r by Mi amians for an Independent and Accountabl e Mayor's Initi ative, Inc. , 2600 S. Douglas Rd ., #900, Coral Gables, FL 33 134 SEE REVERSE SIDE
ECEIVED
2018APR 16 PH ft: 18
ff ,CE F THE CIT Y CLERK
.:nv OF MIAH1
l, residing at am a resident of Miami-Dade County and am the circulator of the foregoing document
containing one petition signature obtained on the date of . l personally circulated this petition, witnessed the signature as it was
being written, and to the best of my belief and information, the signature is the genuine signature of the person whose name it purports to be. I certify to the
truthfulness and the correctness of the certificate set forth in Section 12-23 of the Code of Miami-Dade County hereof under penalty of perjury under the
laws of the State of Florida on this date and at this notary location - - - - - - - - - - - - - - - - - -
Signature of Circulator
STATEMENT OF NOTARY
STATE OF FLORIDA
Sworn to (or affirmed) and subscribed before me this _ _ day of _ _ _ _ _ _ _ _ _ _ _ , 20_, by _ _ _ _ _ _ _ _ _ , who 1s personally
known ___ OR produced the following type of identification------------------=-
Signature of Notary Public, State of Florida
Notary Seal & Name of Notary Typed, Printed or Stamped
Pd. pol. adv. paid for by Mi ami ans for an Independent and Accountabl e Mayor' s Initi ative, Inc., 2600 S. Douglas Rd ., #900, Cora l Gab les, FL 33134 SEE REVERSE SIDE
RECEIVED
2018 APR 16 PH ff: 18
ff ;CE OF THE CIT Y CLERK
CITY OF HIAHI
EXHIBIT F
The City Attorney’s Legal Opinion

EXHIBIT G
The City Clerk’s June 8 Letter to the Supervisor of Elections

EXHIBIT H
The Commission’s Resolution

AGENDA ITEM COVER PAGE
File ID: #4616
Resolution
Sponsored by: Mayor Francis Suarez
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING,

SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER
AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CHARTER") TO CHANGE TO A STRONG MAYOR-COMMISSION FORM OF
GOVERNMENT; REPLACE CITY MANAGER WITH THE MAYOR; MAYOR SERVES AS
NONVOTING, NON-MEMBER COMMISSION CHAIR; GRANT MAYOR POWER TO APPOINT
AND REMOVE CITY ATTORNEY, CITY CLERK, POLICE AND FIRE CHIEF, DEPARTMENT
DIRECTORS AND EMPLOYEES; CHANGE FILLING MAYORAL VACANCY AND PAY
FORMULA; ADOPT STATE RECALL PROCEDURE; PROVIDE OTHER MAYORAL AND
COMMISSION POWERS AND CHANGES; AND MAKE EFFECTIVE IMMEDIATELY; MORE
PARTICULARLY BY AMENDING SECTIONS 4, 12, 14, 15, 16, 17, 20, 21, 24, 25, 26, 27, 29A,
36, AND 51 OF SAID CHARTER; CALLING FOR AND PROVIDING THAT THE CHARTER
AMENDMENT BE SUBMITTED TO THE ELECTORATE AT A SPECIAL ELECTION TO BE
HELD ON NOVEMBER 6, 2018; DESIGNATING AND APPOINTING THE CITY CLERK AS
THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE
USE OF VOTER REGISTRATION BOOKS AND RECORDS; 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,
NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL
ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION.
City of Miami City Hall
Legislation Miami, FL 33133
www.miamigov.com
Resolution
File Number: 4616 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),

APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A
PROPOSED CHARTER AMENDMENT AMENDING THE CHARTER OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CHARTER") TO CHANGE TO A STRONG
MAYOR-COMMISSION FORM OF GOVERNMENT; REPLACE CITY MANAGER WITH
THE MAYOR; MAYOR SERVES AS NONVOTING, NON-MEMBER COMMISSION
CHAIR; GRANT MAYOR POWER TO APPOINT AND REMOVE CITY ATTORNEY,
CITY CLERK, POLICE AND FIRE CHIEF, DEPARTMENT DIRECTORS AND
EMPLOYEES; CHANGE FILLING MAYORAL VACANCY AND PAY FORMULA;
ADOPT STATE RECALL PROCEDURE; PROVIDE OTHER MAYORAL AND
COMMISSION POWERS AND CHANGES; AND MAKE EFFECTIVE IMMEDIATELY;
MORE PARTICULARLY BY AMENDING SECTIONS 4, 12, 14, 15, 16, 17, 20, 21, 24,
25, 26, 27, 29A, 36, AND 51 OF SAID CHARTER; CALLING FOR AND PROVIDING
THAT THE CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT A
SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 2018; DESIGNATING AND
APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE
CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION
BOOKS AND RECORDS; 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, NOT LESS
THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL
ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS
RESOLUTION.
WHEREAS, the City of Miami ("City") was incorporated by the Florida Legislature in
1896 and operates pursuant to the Charter of the City of Miami, Florida ("Charter"); and
WHEREAS, the Charter has been amended from time to time as the governance of the
City has evolved; and
WHEREAS, the proposed amendment to the Charter shall become effective immediately
upon approval by the electorate at a Special Election to be held on November 06, 2018; and
WHEREAS, an initiative petition proposing amendments to the Charter to change to a

strong-mayor form of government has been certified by the Miami-Dade County supervisor of
elections as having obtained the requisite number of signatures; and
WHEREAS, the City Commission wishes to submit the above-mentioned proposed

amendments to the electorate, for approval or disapproval, at a Special Election to be held on
November 6, 2018;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF

MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Charter is proposed to be amended in the following particulars:1
"CHARTER AND RELATED LAWS
SUBPART A. THE CHARTER
* * * *
Sec. 4. - Form of government; nomination and election.

(a) General description. The form of government of the City of Miami, Florida, provided for
under this Charter shall be known as the "mayor-city commissioner plan Strong Mayor-
Commission plan.," and t The city commission shall consist of five citizens, who are
qualified voters of the city and who shall be elected from districts in the manner
hereinafter provided. The city commission shall constitute the governing body with
powers (as hereinafter provided) to pass ordinances adopt regulations and exercise all
powers conferred upon the city except as hereinafter provided. The mayor shall exercise
all powers conferred herein and shall appoint as provided in section 4(g)(6) of this
Charter a chief administrative officer to be known as the "city manager."
(b) Election of mayor and city commission; terms of office; recall. There shall be elected by
the qualified electors of the city at large a mayor who shall be a qualified elector residing
within the city at least one (1) year before qualifying and must maintain a residence in the
city for the duration of his or her term. The mayor shall not serve as a member of the city
commission.
The city commission shall consist of five members who shall be elected from districts
within the city, numbered 1 through 5. All persons desiring to run for the office of city
commissioner shall file in the district, numbered 1 through 5, for which they are qualified
as provided in subsection (c) of this section of the Charter. City commissioners in districts
numbered 3 and 5 shall be elected at the general municipal election or runoff election to
be held in the year 2001 and at the general municipal election or runoff election each four
years thereafter. City commissioners in districts numbered 1, 2, and 4 shall be elected at
the general municipal election or runoff election to be held in the year 2003 and at the
general municipal election or runoff election each four years thereafter.
The mayor shall be elected at large by the electors of the city and shall hold office for a
term of four years.
The mayor and all city commissioners [are] to hold office from twelve o'clock noon five
days after the canvass of the vote by the supervisor of elections and the declaration of
the result of either 1) the general municipal election or 2) runoff election and until their
successors are elected and qualified. Commencing with the election to be held in
November 2001, and all elections subsequent thereto, no mayor or city commissioner
elected and qualified for two consecutive full terms under this or any preceding form of
government shall be eligible for reelection in the next succeeding term. The mayor and all
other members of the city commission shall be subject to recall in accordance with the
municipal recall procedures set forth in Section 100.361, Florida Statutes. Vacancies
Commission vacancies shall be filled as provided in section 12[.] of the this Charter.
If a candidate for office of mayor or city commissioner receives a majority of votes in the
general municipal election for that office, the candidate shall be considered elected upon
and after the canvass of the vote and the declaration of the result of the election as
provided. If no candidate receives a majority of the votes for that office, the two
1Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
candidates for the respective office who received the greatest number of votes for that
office in the general municipal election shall be placed on the ballot at the runoff election.
The candidate receiving the greatest number of votes in the runoff election, shall be
considered elected to the office for which the candidate has qualified.
(c) Qualifications of mayor and city commission; mayor, city commissioners, and other
officers and employees not to be interested in contracts, etc.; franks, free tickets, passes
or service. Candidates for mayor shall be residents of the city for at least one (1) year
immediately prior to qualifying and shall be electors therein, and shall maintain continuous
residence in the City for the duration of their term in office. Further, candidates for the city
commission shall have resided within the district at least one (1) year immediately before
qualifying and be electors in that district, and shall maintain continuous residence in that
district for the duration of their term of office. The mayor, city commissioners, and other
officers and employees shall not be interested in the profits or emoluments of any
contract, job, work or service for the municipality. The mayor or any city commissioner
who shall cease to possess any of the qualifications herein required shall forthwith forfeit
his or her office, and any such contract in which any member is or may become
interested may be declared void by the city commission.
No mayor, city commissioner, or other officer or employee of said city shall accept any
frank, free ticket, pass or service directly or indirectly, from any person, firm or
corporation upon terms more favorable than are granted to the public generally. Any
violation of the provisions of this section shall be a misdemeanor. Such prohibition of free
service shall not apply to police or fire personnel in uniform or wearing their official
badges, where same is provided by ordinance.
(d) City commission to be judge of its own elections; neither mayor nor city commission nor
any committees nor members thereof to may dictate appointments by or interfere with
city manager the mayor. The city commission shall be the judge of the election and
qualifications of the mayor and its own members, subject to review by the courts. Neither
the mayor nor the city commission, nor any committees nor members thereof shall direct,
request, take part in, or dictate the appointment or removal of any person in office or
employment by the city manager mayor or subordinates, or in any manner interfere with
the city manager mayor or prevent the city manager mayor from exercising his/her own
judgment in the appointment of officers and employees in the administrative service.
Except for the purpose of inquiry and as may be necessary as provided in section 14, the
mayor, the city commission, any committees and members thereof shall deal with the
administrative service solely through the city manager, and neither the mayor nor the city
commission, nor any committees nor members thereof shall give orders to any of the
subordinates of the city manager, city attorney, city clerk and independent auditor
general, either publicly or privately. This restriction does not apply for the purpose of
communicating and making written inquiry to the administrative services for the purpose of
transmitting constituent inquiries or assisting any city commissioner in the exercise of their
authority as set forth in this Charter or as may be necessary as provided in section 14.
Except as provided elsewhere in this Charter, neither the city commission nor any
committees nor members thereof shall give orders to any of the subordinates of the
mayor, city attorney, city clerk, and independent auditor general, either publicly or
privately. Any such dictation, prevention, orders, or other interference or violation of this
section on the part of the mayor or a member of the city commission or committees shall
be deemed to be a violation of the Charter, and upon conviction before a court of
competent jurisdiction any individual so convicted shall be subject to a fine not exceeding
five hundred dollars ($500.00) or imprisonment for a term of not exceeding sixty days or
both, and in the discretion of the court shall forfeit his or her office. Any willful violation of
the provisions to this section by the mayor or any city commissioner shall be grounds for
his or her removal from office by an action brought in the Circuit Court by the state
attorney of this county.
(e) Appointments by mayor; election of officers by city commission; rules of city
commission; quorum. The city commission mayor shall elect appoint a city clerk and a
city attorney. No member of the city commission or the mayor shall be chosen as city
manager or as a member of the civil service board or appointed to any other city office or
employment. The Mayor shall not be a member of the commission or be counted for
quorum, but shall serve as the city commission chair without a vote. The provisions of
Florida’s Government in the Sunshine Law shall not apply to the mayor meeting or
communicating with members of the city commission. The city commission shall elect its
vice-chair by majority vote, who shall perform the duties of the chair in the absence or
incapacity of the chair. Any member of the city commission may be selected by the city
commission to preside over city commission meetings in the absence of the chair or vice-
chair. The city commission may determine its own rules of procedure, may punish its own
members for misconduct, and may compel attendance of members. The city commission
may organize itself into standing committees or special committees. Upon formation of
any such committees, the city commission may appoint its members or authorize the
chair to appoint committee members. Standing or special committees of the city
commission shall mean those comprised of city commission members only. A majority of
all the members of the city commission shall constitute a quorum to do business, but a
smaller number may adjourn from time to time.
(f) Meetings of city commission; ordinance to be read by title only. At twelve o'clock noon on
the day the mayor or city commissioners take office, they shall meet at the city hall.
Thereafter, tThe city commission shall meet at such time and place as may be prescribed
by ordinance or resolution. The meetings of the city commission and all sessions of
committees of the city commission shall be public. Ordinances shall be read by title only.
No member shall be excused from voting except on matters involving the consideration of
his or her own official conduct, or where his or her financial interests are involved.
(g) Powers and duties of mayor. The mayor shall serve as the chief executive and
administrative officer and head of the city government with the following specific powers
and duties:
(1) The mayor shall be the presiding officer chair of the city commission with the right to
attend city commission meetings, speak and take part in the discussion, and to
recommend to the city commission the adoption of such measures as may be
necessary or expedient authority to designate another member of the city
commission to serve as presiding officer.
(2) The mayor shall be recognized as the official head of the city for all ceremonial
purposes, by the courts for the purpose of serving civil process, and by the governor
for military purposes. The mayor shall be responsible for the management of all
administrative departments of the City, for carrying out ordinances, resolutions,
policies, and other measures adopted by the city commission, and seeing that all
laws and ordinances are enforced. The mayor, or such other persons who may be
designated by the mayor, shall execute contracts and other instruments, and sign
bonds and other evidences of indebtedness.
(3) The mayor shall serve as the head of the City for emergency management
purposes. In time of public danger or emergency, the mayor may declare a state of
emergency as provided in state law and may with the consent of the city
commission, take command of the police and maintain order and enforce the laws.
(34) The mayor may appoint administrative aides to have such duties as the mayor may
determine and to serve at the mayor’s pleasure. The mayor’s administrative aides
shall be excluded from the civil service provisions of the Charter and Ordinances of
the City of Miami.
(35) Unless otherwise provided by this Charter, the mayor shall have the power to appoint,
reprimand, and remove all department directors and all subordinate officers and
employees in the departments in both the classified and unclassified service of the
administrative departments of the City. The mayor’s power to reprimand and remove
does not extend to the staff of the city commission. All appointments shall be upon
merit and fitness alone, and in the classified service, all appointments and removals
shall be subject to the civil service provisions of this Charter. Appointment of
department directors shall become effective unless disapproved by a 4/5ths
affirmative vote of those city commissioners then in office at the city commission's
next regularly scheduled meeting. Such vote shall be final and the mayor shall be
prohibited from reappointing the disapproved department director. The police chief
and fire chief shall be appointed by and subject to the supervision of the mayor. All
administrative functions not otherwise specifically assigned to others by this Charter
shall be performed under the supervision of the mayor. The mayor shall have the
right to suspend, reprimand, remove, or discharge any administrative department
director, the police chief, and the fire chief, with or without cause.
(46) During the voluntary temporary absence or disability, the mayor shall appoint a
member of the city commission to perform the duties of the mayor. However, in the
event that the mayor does not or is unable to make such designation, the city
commission shall designate a member of the city commission to perform the duties
of the mayor during the temporary absence or disability of the mayor by a four-fifths
vote of the city commissioners then in office.
(57) The mayor shall, within ten days of final adoption by the city commission, have veto
authority over any legislative, quasi-judicial, zoning, master plan or land use
decision of the city commission, including the budget or any particular component
contained therein which was approved by the city commission; provided, however
that if any revenue item is vetoed, an expenditure item in the same or greater dollar
amount must also be vetoed. The city commission may, at its next regularly scheduled
or special meeting after the veto occurs, override that veto by a four-fifths vote of the
city commissioners present, notwithstanding any provisions to the contrary contained
in the Charter and city code. Said veto power shall include actions pursuant to
sections 29-B through 29-D of the Charter. The mayor may not veto the selection of
the vice-chair of the commission, the enactment of commission committee rules, the
formation of commission committees, or the appointment of members to commission
committees.
(6) When one person succeeds another in the position of mayor, the successor shall
have the right to appoint the city manager, subject to the approval within 14 days of
a majority of the city commissioners then in office. In the event of a vacancy in the
office of city manager, the mayor shall appoint the city manager, subject to the
approval within 14 days of a majority of the city commissioners then in office. The
mayor may remove the city manager subject to the city commission's conducting a
hearing within 10 days of said removal and the city commission's overriding the
mayor's action by a four-fifths vote of those city commissioners then in office.
Additionally, the city commission by a four-fifths vote of those city commissioners
then in office shall be able to remove the city manager.
(78) The mayor shall establish and appoint the members of all standing and special
committees of the city commission and the chairperson and vice-chairperson of each
committee. There shall be as many standing and special committees of the city
commission as deemed necessary by the Mayor. Standing or special committees of
the city commission shall mean those comprised of city commission members only.
The mayor shall keep the city commission fully advised as to the financial condition
and needs of the City.
(89) The mayor shall prepare and deliver a report on the state of the city to the people of
the city between November 1 and January 31 annually. Such report shall be
prepared after consultation with the city commissioners and the city manager.
(910) The mayor shall prepare and deliver a budgetary address annually to the people of
the city between July 1 and September 30. Such report shall be prepared after
consultation with the city manager.
(911) The mayor may, without notice, cause the affairs of any department or the conduct
of any officer or employee to be examined. Any person or persons appointed by the
mayor to examine the affairs of any department or the conduct of any officer or
employee shall have the same right to require the attendance of witnesses and
production of books and papers and other evidence as is conferred upon the mayor
and city commission by this Charter.
(912) The mayor shall perform such other duties as may be prescribed by this Charter or
be required by the mayor or ordinance or resolution of the City Commission.
(913) All references to the city manager in the Charter and City Code of Ordinances shall
be amended to substitute the word “mayor.”
(h) Vacancy in the office of mayor.
(1) Permanent vacancy resulting from death, resignation, recall, court order, or other
lawful action. If the office of the mayor becomes permanently vacant by reason of
death, resignation, recall, or other lawful action, such vacancy shall be filled with a
member of the administration designated by the mayor upon assuming office or prior
to the vacancy, with notice having been given to the city commission in writing in
advance of the vacancy, unless the designee is disapproved by a 4/5ths affirmative
vote of those city commissioners then in office at the next regularly scheduled
meeting. Such vote shall be final and the mayor shall be prohibited from re-
designating the disapproved member of the administration. The designee shall
exercise all authority of the office of mayor and shall perform the duties and assume
the responsibilities of that office, except for exercising a mayoral veto, until a special
election which shall be held no more than 90 days after the vacancy is created.
(2) Temporary vacancy resulting from disability, suspension, court order, or other lawful
action. If the office of the mayor becomes temporarily vacant by reason of disability,
suspension, court order, or other lawful action, the temporary vacancy shall be filled
with a member of the administration designated by the mayor upon assuming office
or prior to the vacancy, with notice having been given to the city commission in
writing in advance of the vacancy, unless the designee is disapproved by a 4/5ths
affirmative vote of those city commissioners then in office at the next regularly
scheduled meeting. Such vote shall be final and the mayor shall be prohibited from
re-designating the disapproved member of the administration. The designee shall
exercise all authority of the office of mayor and shall perform the duties and assume
the responsibilities of that office, except for exercising a mayoral veto, for up to 120
days. If the temporary vacancy exceeds 120 days, a special election shall be held no
more than 90 days after the expiration of the 120-day period. Provided that if the
mayor who is the subject of the temporary vacancy is later absolved of the allegations
of wrongdoing or otherwise recovers from the disability during the term of office to
which elected, the mayor shall be entitled to resume the office for the remainder of
the unexpired term, if any. The term of the individual who assumed or was elected in
the special election to the position previously temporarily vacated by the mayor shall
automatically terminate upon the restoration to office of the original seat-holder.
If the elected mayor is returned to office, the mayor will automatically resume the
duties of the office of mayor for the balance of the term to which elected. The
existence of a disability incapacitating the elected mayor from performing the duties
of the office shall be determined by an affirmative vote of at least five (5) city
commission members based upon competent, substantial medical evidence.
(hi) Salaries of the mayor and commission. Effective on November 4, 2003, there shall be
paid to the city commissioners the sum of $58,200, which is equal to sixty percent of the
mayor's salary in effect on July 16, 2003. Such salary shall be paid per year for each
commissioner, in twelve equal installments. The compensation of the mayor shall be
determined by the commission, and in no event shall be less than 75% of the
compensation to the Miami-Dade County Mayor.
(i) Effective date of Strong Mayor-Commission form of government. Notwithstanding any
other provision of this Charter, the Strong Mayor-Commission form of government is
effective and implemented immediately upon approval by a majority of the electors of the
city voting at an election called for the purpose of voting on the amendment. In order to
implement this Charter amendment, the current elected city officials constitute the initial
mayor and city commissioners identified in Section 4(a) through the expiration of their
current terms of office.
* * * *
Sec. 12. - Filling vacancies for mayor and commission.

(a) A vacancy on the city commission or in the office of mayor caused by death, resignation,
forfeiture, suspension, removal, or other action or causes shall be filled within ten days
after such vacancy occurs by a majority of the remaining city commissioners. The person
appointed must meet the qualifications of the office as required in section 4 of this
Charter. The term of office of the person so appointed, except in the circumstances
detailed in section (c) below, shall be until the successor in office is elected and qualified at
whichever of the following occurs first:
(1) the odd-year general municipal election for mayor and city commissioners held
pursuant to section 4 of the Charter, or
(2) the even-year State of Florida general election, at which election national, state and
county offices are filled,
The candidates for such election shall be qualified as provided in section 4 of this Charter
and the qualifying period and requirements for such election shall be as provided in section 7
of this Charter. The person elected as provided in (a)(1) or (a)(2) of this Section shall serve
for the remainder of the unexpired term of that office.
(b) If the remaining city commissioners shall fail or refuse to fill such vacancy within ten days
after it occurs, as provided herein, the city commission shall call a special election to fill
the vacancy to be held at a date not less than thirty-eight or more than forty-five days
after the expiration of the ten-day period and the five day qualifying period. The qualifying
period for such special election shall be for the five days not including Saturday, Sunday
or legal holidays before the thirty-eighth day before the date of the election and the
procedure for the election not otherwise provided for in this section shall be as provided
in section 7 of this Charter. Except in the circumstances detailed in section (c), effective
November 7, 2017, the person who receives the greatest number of votes for the office in
said special election is elected to fill the vacancy for the remainder of the unexpired term
of that office.
(c) If a vacancy in any elected commission office is caused by forfeiture, suspension, or
removal, the vacancy shall be filled in the same manner as described in sections (a) and
(b) above, provided that if the elected official who has so vacated his or her seat is later
absolved of the allegations of wrongdoing, that elected official shall be entitled to
resume his or her elected position for the remainder of the unexpired term, if any. The
term of the individual who assumed the position previously vacated by that elected official
shall automatically terminate upon the restoration to office of the original seat- holder.
(d) If the city commissioners shall fail to comply with their duties as set forth in this section,
then, and in that event, the court is hereby empowered and authorized to enforce
compliance with this act or to call an election itself to fill such vacancy or vacancies on the
city commission or in the office of mayor.
* * * *
Sec. 14. - Commission may investigate official transactions, acts and conduct.
The mayor, city commission, or any committee thereof may investigate the financial
transactions of any office or department of the city government and the official acts and
conduct of any city official, and by similar investigations may secure information upon any
matter. In conducting such investigations the mayor, city commission, or any committee
thereof, may require the attendance of witnesses and the production of books, papers and
other evidence, and for that purpose may issue subpoenas which shall be signed by the
mayor, the presiding officer of the city commission, or the chair of such committee, as the
case may be, which may be served and executed by any police officer.
Sec. 15. - City manager—Qualifications; appointment; term; salary; sickness or absence;
removal.
The city manager shall be the head of the administrative branch of the city government.
The city commission shall fix the city manager's compensation, and the city manager shall
serve as provided in section 4(g). The city manager shall be chosen on the basis of the city
manager's executive and administrative qualifications. At the time of the city manager's
appointment the city manager need not be a resident of the state. Neither the mayor nor any
city commissioner shall be eligible for the position of city manager during or within two years
after the expiration of their respective terms.
The mayor, subject to the approval of the city commission, may designate a qualified
administrative officer of the city to assume the duties and authority of the city manager during
periods of temporary absence or disability of the city manager.
The city manager shall be responsible for the administration of all units of the city
government under the city manager's jurisdiction, and for carrying out policies adopted by the
city commission. The city manager or designee shall execute contracts and other
instruments, sign bonds and other evidences of indebtedness.
Sec. 16. - Same—Powers and duties.
The powers and duties of the city manager
shall be to: (a) See that the laws and
ordinances are enforced.
(b) Appoint and remove, except as otherwise provided in this Charter, all directors of
the departments and all subordinate officers and employees in the departments in
both the classified and unclassified service; all appointments to be upon merit and
fitness alone, and in the classified service all appointments and removals to be
subject to the civil service provisions of this Charter.
(c) Exercise control over all departments and divisions created herein or that may be
hereafter created by the city commission. Attend all meetings of the city commission
with the right to take part in the discussion but having no vote.
(d) Recommend to the mayor and city commission for adoption such measures as the
city manager may deem necessary or expedient.
(e) Keep the mayor and city commission fully advised as to the financial condition and
needs of the city; and
(f) Perform such other duties as may be prescribed by this Charter or be required by
the mayor or ordinance or resolution of the city commission.
Sec. 17. - Same—Examination of affairs of departments, officers or employees.

The city manager may, without notice, cause the affairs of any department or the conduct
of any officer or employee to be examined. Any person or persons appointed by the city
manager to examine the affairs of any department or the conduct of any officer or employee
shall have the same right to require the attendance of witnesses and production of books and
papers and other evidence as is conferred upon the mayor and city commission by this
Charter.
* * * *
Sec. 20. - Directors of departments.

The city manager mayor shall appoint a director for each department and, in the city
manager mayor's discretion, may consolidate two or more departments under one director.
Each such director shall serve until removed by the city manager mayor or until a successor
has been appointed and qualified, shall conduct the affairs of his or her department in
accordance with rules and regulations made by the city manager mayor, shall be responsible
for the conduct of the officers and employees of his or her department, for the performance of
its business, and for the custody and preservation of the books, records, papers and property
under its control, and, subject to the supervision and control of the city manager mayor in all
matters, shall manage the department. None of the provisions of this section, however, shall
be applicable to the department of law, city clerk or office of independent auditor general.
Sec. 21. - Department of law.

The city attorney shall be the director of the department of law and an attorney-at-law
admitted to the practice in the State of Florida. The city attorney shall be the legal advisor of
and attorney and counsel for the city, and for all officers and departments thereof in matters
relating to their official duties. The city attorney shall prosecute and defend all suits for and in
behalf of the city, and shall prepare all contracts, bonds and instruments in writing in which
the city is concerned and shall endorse on each approval of the form and correctness thereof.
The city attorney shall be the prosecuting attorney of the municipal court. The city
attorney shall have such number of assistants as the city commission by ordinance may
authorize. The city attorney shall prosecute all cases brought before such court and perform
the same duties, so far as they are applicable thereto, as are required of the prosecuting
attorney of the county.
When required to do so by the resolution of the city commission, the city attorney shall
prosecute or defend for and in behalf of the city all complaints, suits and controversies in
which the city is a party, and such other suits, matters and controversies as he shall, by
resolution or ordinance, be directed to prosecute or defend.
The mayor, city commission, the city manager, the director of any department, or any
officer or board not included within a department, may require the opinion of the city attorney
upon any question of law involving their respective powers and duties.
The city attorney shall be a full-time governmental employee; shall not engage in the
private practice of law; and upon his or her election by the city commission appointment by
the mayor shall serve until the time for the election of the city officials mayor specified in
section 4 of the Charter which follows the next general municipal election, subject to the
provisions of section 4(g).
* * * *
Sec. 24. - Department of public safety.

The head of the department of public safety shall be known as the director of public safety.
Subject to the supervision and control of the city manager mayor in all matters, the head
of the department of public safety shall be the executive head of the division of police and fire.
He or she shall be the chief administrative authority in all matters pertaining to the erection,
maintenance, repair, removal, razing, occupancy and inspection of buildings under such
regulations as may be ordained by the city commission.
(a) Division of police. The police force shall be composed of a chief and such officers
and other employees as the city manager mayor may determine. The chief of police
shall have the immediate direction and control of the police force, subject to the
supervision of the director of public safety, and to such rules, regulations and orders
as the said director may prescribe, and through the chief of police, the director of
public safety shall promulgate all orders, rules and regulations for the government of
the police force. The chief of police shall devote his or her entire time to the discharge
of his or her official duties and shall not be absent from the city except in the
performance of his or her official duties, unless granted a written leave of absence by
the city manager mayor. His or her office shall be kept open at all hours, day or night,
and either the chief of police or a subordinate shall be in constant attendance. In
case of the disability of the chief of police by reason of sickness, absence from the
city or other cause, the director of public safety shall designate one of the captains or
lieutenants of police to act as chief of police during such disability, and the officer so
designated shall serve without additional compensation. The members of the police
force, other than the chief, shall be selected from the list of eligibles prepared by the
civil service board, and in accordance with such rules as the said board may
prescribe; provided, that in case of riot or emergency, the director of public safety
may appoint additional patrolmen and officers for temporary service, who need not be
in the classified service. Each member of the police force, both rank and file, shall
have receive a warrant of appointment signed by the city manager mayor, in which
the date of the appointment shall be stated, and such shall be that member's
commission.
No person, except as otherwise provided by general law or this Charter, shall act as
special police or special detective except upon written authority from the director of
public safety. Such authority, when conferred, shall be exercised only under the
direction and control of the chief of police and for a time specified in the
appointment.
The members of the police force of said city shall be invested with all the power and
authority necessary for enforcing the ordinances of said city.
The chief of police or any police officer of the City of Miami, may arrest without
warrant, any person violating any of the ordinances of the city committed in the
presence of such officer, and when knowledge of the violation of any ordinance of
said city shall come to the said chief of police or police officer, not committed in his or
her presence, he or she shall make affidavit before the judge or clerk of municipal
court against the person charged with such violation, whereupon, said judge or clerk
shall issue a warrant for the arrest of such person.
(b) Division of fire. The fire force shall be composed of a chief and such other officers,
firemen and employees as the city manager mayor may determine. The fire chief shall
have immediate direction and control of the said department, subject to the supervision
of the director of public safety and to such rules, regulations and orders as the said
director may prescribe and through the fire chief the director of public safety shall
promulgate all orders, rules and regulations for the government of the fire department.
The members of the fire department, other than the chief, shall be appointed from
the list of eligibles prepared by the civil service board and in accordance with such
rules and regulations as may be prescribed by said board; provided, that in case of
riot, conflagration or emergency, the director of public safety may appoint additional
firemen and officers for temporary service who need not be in the classified service.
The chief of the fire department and his or her assistants are authorized to exercise
the powers of police officers while going to, attending or returning from any fire or
alarm of fire. The fire chief and each of his or her assistants shall have issued to him
or her a warrant of appointment signed by the city manager mayor, in which the date
of his or her appointment shall be stated, and such warrant shall be his or her
commission.
Whenever any building in said city shall be on fire, it shall be lawful for the chief of
the fire department to order and direct such building or any other building which he
or she may deem hazardous and likely to communicate fire to other buildings, or any
part of such buildings, to be pulled down or destroyed and no action shall be
maintained against said chief or any person acting under his or her authority
therefor.
Sec. 25. - Supervision in divisions of police and fire.

The chief of police and fire chief shall have the right and power to suspend any of the
officers and employees in their respective division who may be under their management and
control for incompetence, neglect of duty, immorality, drunkenness, failure to obey orders
given by proper authority, or for any other just and reasonable cause. If any officer or
employee be suspended as herein provided, the chief of the division concerned shall
forthwith in writing certify the fact together with the cause of suspension, to the director of
public safety, who shall render judgment thereon, which judgment, if the charge be sustained,
may be a reprimand, fine, suspension, reduction in rank or dismissal.
The director of public safety in any investigation shall have the power to administer oaths
and secure the attendance of witnesses and the production of books and papers.
The employee shall be allowed the same appeal procedure as set forth in section 36(f) of
the Charter, provided, however, in the event the offices of city manager and director of public
safety are held by the same person, the city manager-director of public safety, before passing
upon the guilt or innocence of the person suspended, may authorize the civil service board to
conduct a hearing upon the suspension charges preferred by the chiefs of fire or police and to
report its findings and recommendations back to said city manager-director of public safety.
The city manager-director of public safety then shall pass judgment upon the person
suspended, after considering the findings and recommendations of the civil service board.
Sec. 26. - Suspension and removal of chief of police and fire chief.
The city manager mayor shall have the exclusive right to suspend the chief of police and
fire chief for incompetence, neglect of duty, immorality, drunkenness, failure to obey orders
given by proper authority, or for any other just and reasonable cause. If either of such chiefs be
so suspended the city manager mayor shall forthwith certify the fact, together with the cause of
suspension, to the commission who within five (5) days from the date of receipt of such
notice, shall proceed to hear such charges and render judgment thereon, which judgment
shall be final.
Sec. 27. - Finance, department of finance.

(a) Department director. Subject to the supervision and control of the city manager mayor,
the director of finance shall have charge of the department of finance and shall administer
the financial affairs of the city, including the keeping and supervision of all accounts, the
levy, assessment and collection of revenues, the making and collection of special
assessments, the custody and disbursement of city funds and monies, the control over
expenditures, and such other duties as the city manager mayor may direct.
(b) Form and manner of keeping accounts and making reports. Accounts shall be kept by the
department of finance showing the financial transactions of all departments and offices of
the city. The forms of all such accounts and the financial reports rendered to or by the
department of finance shall be prescribed by the director of finance with the approval of
the city manager mayor. The accounts and accounting procedure of the city shall be
consistent with the pronouncements of the Governmental Accounting Standards Board
and accounting principles as generally accepted in the United States.
* * * *
Sec. 29-A. - Contracts for, unified development projects, and real property; safeguards.
(a) Unified development projects. A unified development project shall mean a project where
an interest in real property is owned or is to be acquired by the city, is to be used for the
development of improvements, and as to which the city commission determines that for
the development of said improvements it is most advantageous to the city to procure
from a private person, as defined in the Code of the City of Miami, one or more of the
following integrated packages:
(1) planning and design, construction, and leasing; or
(2) planning and design, leasing, and management; or
(3) planning and design, construction, and management; or
(4) planning and design, construction, leasing, and management.
So long as the person from whom the city procures one of the above-mentioned
integrated packages provides all of the functions listed for that package, such person
need not provide each listed function for the entire unified development project nor for the
same part of the unified development project.
As many members of the public having expertise in the field of real estate development
or in other relevant technical areas or who reside within the vicinity of a proposed unified
development project site as deemed appropriate by the city manager mayor shall be
invited by the city manager mayor to provide input during the preparation of documents
for competitive processes of the unified development project.
If deemed appropriate by the city manager mayor, the unified development project
process shall include a request for qualifications process prior to the issuance of a
request for proposals. Qualifications shall be evaluated by the city manager mayor or
designee(s) and only those deemed qualified in accordance with the specified evaluation
criteria shall be invited to participate in the subsequent request for proposal process for
said unified development project.
Requests for proposals for unified development projects shall generally define the nature
of the uses the city is seeking for the unified development project and the estimated
allocations of land for each use. They shall also state the following:
(1) the specific parcel of land contemplated to be used or the geographic area the city
desires to develop pursuant to the unified development project;
(2) the specific evaluation criteria to be used by the below-mentioned certified public
accounting firm;
(3) the specific evaluation criteria to be used by the below-mentioned review committee;
(4) the extent of the city's proposed commitment of funds, property, and services;
(5) the definitions of the terms "substantial increase" and "material alteration" that will
apply to the project pursuant to subsection (e)(4) hereof; and
(6) a reservation of the right to reject all proposals and of the right of termination
referred to in subsection (e)(4), below.
After public notice there shall be a public hearing at which the commission shall consider:
(1) the contents of the request for proposals for the subject unified development project;
(2) the selection of a certified public accounting firm, which shall include at least one
member with previous experience in the type of development in question; and
(3) the recommendations of the city manager mayor for the appointment of persons to
serve on the review committee. Said review committee shall consist of an
appropriate number of city officials or employees and an equal number plus one of
members of the public, whose names shall be submitted by the city manager mayor
no fewer than five days prior to the above-mentioned public hearing.
At the conclusion of the public hearing the city commission shall authorize the issuance
of a request for proposals, select a certified public accounting firm, and appoint the members
of the review committee only from among the persons recommended by the city manager
mayor.
The procedure for the selection of an integrated package proposals shall be as follows:
(1) all proposals shall be analyzed by a certified public accounting firm appointed by the
commission based only on the evaluation criteria applicable to said certified public
accounting firm contained in the request for proposals. Said certified public
accounting firm shall render a written report of its findings to the city manager mayor.
(2) the review committee shall evaluate each proposal based only on the evaluation
criteria applicable to said review committee contained in the request for proposals.
Said review committee shall render a written report to the city manager mayor of its
evaluation of each proposal, including any minority opinions.
(3) taking into consideration the findings of the aforementioned certified public
accounting firm and the evaluations of the aforementioned review committee, the city
manager mayor shall recommend one or more of the proposals for acceptance by the
city commission, or alternatively, the city manager mayor may recommend that all
proposals be rejected. If there are three or more proposals and the city manager
mayor recommends only one, or if the mayor recommends rejection of all proposals,
the city manager mayor shall state in writing the reasons for such recommendation.
In transmitting his or her recommendation or recommendations to the commission,
the city manager mayor shall include the written reports, including any minority
opinions, rendered to by the aforementioned certified accounting firm and review
committee.
(4) all contracts for unified development projects shall be awarded to the person whose
proposal is most advantageous to the city, as determined by the city commission.
The commission may accept any recommendation of the city manager mayor by an
affirmative vote of a majority of its members. In the event the commission does not accept a
proposal recommended by the city manage mayor or does not reject all proposals, the
commission shall seek recommendations directly from the aforementioned review committee,
which shall make a recommendation or recommendations to the commission taking into
account the report of the aforementioned certified public accounting firm and the evaluation
criteria specified for the review committee in the request for proposals.
After receiving the direct recommendations of the review committee, the commission shall,
by an affirmative vote of a majority of its members:
(1) accept any recommendation of the review committee; or
(2) accept any previous recommendation of the city manager mayor; or
(3) reject all proposals.
All contracts for unified development projects shall be signed by the city manager
mayor or designee after approval thereof by the commission. The city manager mayor or
designee shall be responsible for developing a minority procurement program as may be
prescribed by ordinance and permitted by law in conjunction with the award of contracts for
unified development projects. The provisions of this charter section shall supersede any other
charter or code provision to the contrary.
(b) Sales and leases of real property; prohibition. Except as otherwise provided in this
section, there shall be no sale, conveyance, or disposition of any interest, including any
leasehold, in real property owned by the city, the department of off-street parking, or the
downtown development authority, unless there has been prior public notice and a prior
opportunity given to the public to compete for said real property or interest. Any such sale,
conveyance, or disposition shall be conditioned upon compliance with: the provisions of
this section; such procurement methods as may be prescribed by ordinance; and any
restrictions that may be imposed by the city, the department of off-street parking, or the
downtown development authority, as appropriate. Further, no right, title, or interest shall
vest in the transferee of such property unless the sale, conveyance, or disposition is
made to the highest responsible bidder, as is determined by the city commission, or the
off-street parking board, or the downtown development authority board of directors. The
city commission or the off-street parking board or the downtown development authority
board of directors, as appropriate, may by resolution waive the requirement of sale,
conveyance, or disposition to the highest responsible bidder by means of the following
procedure: the city manager mayor, the director of the off-street parking authority, or the
director of the downtown development authority, as appropriate, must make a written
finding that a valid emergency exists, which finding must be ratified by an affirmative vote
of two-thirds of the city commission after a properly advertised public hearing. When the
requirement of sale, conveyance, or disposition to the highest responsible bidder is
waived, other procurement methods as may be prescribed by ordinance shall be followed.
The city or the department of off-street parking or the downtown development authority
shall have the power to reject all offers. All invitations for bids, requests for proposals, or
other solicitations shall contain a reservation of the foregoing right to reject all offers. This
section shall not apply to transfers to the United States or any department or agency
thereof, to the State of Florida, or to any political subdivision or agency thereof.
(c) Safeguards.
(1) All persons contracting with the city under this section shall be required to certify their
compliance with the antitrust laws of the United States and of the State of Florida
and to hold harmless, defend, and indemnify the city for any noncompliance by said
persons with the above laws.
(2) All persons contracting with the city under this section shall be obligated to pay
whichever is the greater of the following: (i) all applicable ad valorem taxes that are
lawfully assessed against the property involved or (ii) an amount to be paid to the city
equal to what the ad valorem taxes would be if the property were privately owned and
used for a profit-making purpose. Such taxes shall not be credited against any
revenues accruing to the city under any contract that may be awarded under this
section.
(3) Any proposal by a potential bidder or contractor that contemplates more than the
estimated extent of the city's proposed commitment of funds, property, or services
shall be ineligible for acceptance by the city commission.
(4) Any substantial increase in the city's commitment of funds, property, or services, or
any material alteration of any contract awarded under subsection (c) of this section
shall entitle the city commission to terminate the contract after a public hearing. Prior
to such public hearing, the city commission shall seek and obtain a report from the
city manager mayor and from the review committee that evaluated the proposals for
the project, concerning the advisability of exercising that right.
* * * *
Sec. 36. - Civil service.
(a) Creation of board; appointment; terms of office; vacancies; rules and regulations. A civil
service board of the city is hereby created and established. There shall be five members
constituting the said civil service board. Three shall be appointed by the city commission,
and two shall be elected by the employees of the city with civil service status, from said
employees with such civil service status. The two so elected shall become members of the
board when confirmed by the city commission. All members of the said civil service board
shall serve for two years, and they shall take office as soon as appointed and qualified. The
city commission may remove any member of the board for cause, upon stating in writing
the reasons for the removal, after allowing him or her to be heard by the city commission
in his or her own defense. Any vacancy shall be filled by the city commission for the
unexpired term. The city manager mayor shall be authorized to prescribe the rules,
regulations, and procedure for the holding of election for the purpose of electing the two
members of the civil service board by the city employees with civil service status.
(b) Chairperson; examiner; subordinates. Immediately after appointment, the board shall
organize by electing one of its members chairperson. The board shall appoint a chief
examiner who shall be a member of the board and who shall also act as secretary. The
board may appoint such other subordinates as may by appropriation be provided for.
(c) Unclassified and classified service. The civil service of the city is hereby divided into the
unclassified and the classified service.
(1) The unclassified service shall include:
(A) The city manager mayor, his or her assistants, and secretarial staff;
(B) The heads of departments, members of appointive boards, judges of the city
court, the city clerk, chief of police, chief of fire division, and the superintendent of
communications division;
(C) Assistants to department
heads: Assistant chiefs of the
police division;
All ranks in the police division above the classified position of police
captain; Assistant chiefs of the fire division;
Chief of fire prevention;
Director of training in the fire
division; Battalion chiefs;
Chief of fire rescue;
Assistant to the superintendent of the division of
communications; Director of corrections.
(D) All attorneys employed by the city. The city attorney shall be the supervisor of
all attorneys employed by the city. The city attorney shall have exclusive
authority regarding, but not limited to appointment, removal and salary as to
assistant city attorneys. The foregoing provisions of subsection (D) shall not
apply to those attorneys in the classified service of the city on November 1,
1972.
Attorneys with permanent civil service rights appointed by the city attorney to any
applicable unclassified position above, shall retain civil service rights in the
position from which selected as may have accrued.
(E) All employees employed by the City and working within the Office of the
Independent Auditor General. Personnel with permanent civil service rights
appointed by the city manager mayor to unclassified positions shall retain said
civil [service] rights in the position from which selected as may have accrued.
(2) The classified services shall include all positions not specifically included by this
Charter in the unclassified service. There shall be in the classified service three
classes, to be known as the competitive class, noncompetitive class, and labor
class.
(A) The competitive class shall include all positions and employment for which it is
practicable to determine the merit and fitness of applicants by competitive
examinations.
(B) The noncompetitive class shall consist of all positions requiring peculiar and
exceptional qualifications of a scientific, city managerial, professional, or
educational character, as may be determined by the rules of the board.
(C) The labor class shall include ordinary unskilled labor.
(d) Rules; examinations; eligible lists; certification of vacancies. Subject to the approval of
the city commission, the board shall adopt, amend, and enforce a code of rules and
regulations which shall have the force and effect of law providing for appointment and
employment in all positions in the classified service, based on merit, efficiency, character,
and industry; shall make investigations concerning the enforcement and effect of this
article and of the rules adopted; and shall make an annual report to the city commission.
The chief examiner shall provide examinations in accordance with regulations of the
board and maintain lists of eligibles of each class of the services of those meeting the
requirements of said regulations. Positions in the classified service shall be filled from
such eligible lists upon requisition from and after consultation with the city manager
mayor. When positions are filled, the employment officer shall so certify, by proper and
prescribed form, to the director of finance and to the director of the department in which
the vacancy exists.
(e) Promotion. The board shall provide uniform rules for promotion to all positions in the
classified service.
(f) Power of suspension, removal, fine, or demotion.
(1) Any officer or employee in the classified service may be removed, suspended,
fined, laid off, or demoted by the city manager mayor or by the head of the
department in which such person is employed, for any cause which will promote the
efficiency of the service; but such person must be furnished with a written statement
of the reasons therefor within five days from the date of the removal, suspension,
fine, layoff, or demotion, and be allowed a reasonable time for answering such
reasons in writing, which answer shall be made a part of the records of the board,
with the suspension to take effect as of the date that such written statement is
furnished. No trial or examination of witnesses shall be required except in the
discretion of the city manager mayor or the head of the department. Any employee in
the classified service who deems that he or she has been suspended, removed,
fined, laid off, or demoted without just cause may, within 15 days of such action,
request in writing a hearing before the civil service board to determine the
reasonableness of the action. The board shall, within 30 days after appeal of the
employee disciplined, proceed to hear such appeal. After hearing and considering
the evidence for and against the employee, the board shall report in writing to the city
manager mayor its findings and recommendations. The city manager mayor shall
then sustain, reverse, or modify the action of the department director. Any member of
the civil service board and the director of personnel may administer an oath to
witnesses appearing before said board or before said director in an investigation,
disciplinary or appeal proceedings, and they shall have the power to issue witness
subpoenas and to compel the attendance of witnesses.
(2) The civil service board shall also have the right to remove or demote any official or
employee in the classified service upon written charges of misconduct made by any
citizen, but only after reasonable notice to the officer or employee and after a full
hearing. It shall also be the duty of the board to fix a minimum standard of conduct
and efficiency for each grade in the service. Whenever it appears from the reports of
efficiency made to said board for a period of six months that the conduct or efficiency
of any employee has fallen below such minimum standard, that employee shall be
called before the board to show cause why he or she should not be disciplined.
If upon hearing no reason is shown satisfactory to the board, the employee shall be
removed, suspended, or demoted, as the board may determine.
(g) Present employees. All persons in the employ of the city holding positions in the classified
service, as established by this Charter, at the time it takes effect, shall, unless their
position is abolished, retain same until discharged, demoted, promoted, or transferred, in
accordance herewith.
(h) Certificate of board on payroll account necessary before payment of classified service
member. The treasurer or other public disbursing officer shall not pay any salary or
compensation for service to any person holding a position in the classified service unless
the payroll or account for such salary or compensation bears the certificate of the board,
by its secretary, that the persons named therein have been appointed or employed and
are performing service in accordance with the provisions of this Charter and of the rules
established thereunder.
(i) Investigations and hearings. In any investigation conducted by the board, it shall have
the power to subpoena and require the attendance of witnesses and the production
thereby of books and papers pertinent to the investigation and to administer oaths to
such witnesses.
(j) No discrimination in classified service. No person in the classified service or seeking
admission thereto shall be appointed, demoted, removed, or in any way favored or
discriminated against because of political opinions or affiliations. No person holding a
position in the classified service shall take part in political management or affairs or in
political campaigns during city working hours or with personal property belonging to the
city.
(k) Penalties. The civil service board, subject to the approval of the city commission, shall
determine the penalties for the violation of the civil service provisions of this Charter.
(l) Salaries of board and employees. The salaries of the civil service board and its
employees shall be determined by the city commission, and a sufficient sum shall be
appropriated each year to carry out the civil service provisions of this Charter.
* * * *
Sec. 51. - Civilian investigative panel.

The city commission shall, by ordinance, create and establish a civilian investigative panel
to act as independent citizens' oversight of the sworn police department, to be:
(A) Composed of: (i) twelve (12) civilian members who shall be nominated by the
civilian investigative panel and approved by the city commission and (ii) a thirteenth
(13th) member who shall be an appointee of the Chief of Police who is not a City of
Miami Police Officer;
(B) Staffed with professional personnel, including but not limited to: (i) an executive
director who shall serve as chief executive officer and (ii) an independent legal
counsel who is an experienced and competent member of the Florida Bar with at
least seven years membership in the Florida Bar and is generally knowledgeable in
municipal law, both of whom shall be appointed by and subject to removal by the
panel with the approval of the City Commission;
(C) Operated on an annual budget established by the City Commission, by ordinance,
that will allow the panel to maintain its independence and perform its Charter
mandated functions, with sufficient professional staff, while taking into account the
City Manager mayor's declaration of a fiscal emergency, a financial urgency, or
financial emergency in the City;
(D) Authorized by vote of the CIP and in "consultation" with the state attorney of Miami-
Dade County, to issue subpoenas for allegations which are criminal in nature,
provided that the CIP may not confer immunity and must advise all city employees
appearing before it that no adverse employment consequences will result from the
valid exercise of their right to be free from self- incrimination, and, further, that no
actions of the CIP may interfere with any pending or potential criminal investigation
or prosecution; and
(E) Authorized to:
(1) Conduct independent investigations of allegations of police misconduct and
police uses of force resulting in death or great bodily harm to a person;
(2) Conduct independent investigations of other matters pertaining to repeated
issues of conduct by City of Miami Police Officers;
(3) Review police department policies and practices; and
(4) Make written requests and recommendations regarding the CIP's reviews and
investigations to the city manager mayor and the police chief, to which the
Police shall issue a written response within forty-five (45) days.
* * * *”
Section 3. In accordance with the provisions of the Charter, as amended, §6.03 of the
Miami-Dade County Home Rule Charter, and Section 2-112 of the Code of the City of Miami,
Florida, from 7:00 A.M. until 7:00 P.M., on Tuesday, November 6, 2018, a Special Election will
be held for the purpose of submitting to the qualified electors of the City for their approval or
disapproval of the measure.
Section 4. The Special Election shall be held at the polling places in the precincts
designated, all as shown on the list attached hereto and made a part hereof and referred to as
Exhibit No. 1 or as may be designated by the Supervisor of Elections of Miami-Dade County,
Florida (“Supervisor”), in conformity with the provisions of the general laws of the State of
Florida ("State"). The Precinct Election Clerks and Inspectors to serve at said polling places on
said Special Election date shall be those designated by the Supervisor for such purpose in
accordance with the general laws of the State. A description of the registration books and
records which pertain to Special Election precincts wholly or partly within the City and which the
City is adopting and desires to use for holding such Special Election is all voter information
cards, registration books, records, and certificates pertaining to electors of the City and
established and maintained as official by the Supervisor in conformity with the provisions of the
general laws of the State are hereby adopted and declared to be, and shall hereafter be
recognized and accepted as, official voter information cards, registration books, records, and
certificates of the City.
Section 5. In compliance with Section 100.342, Florida Statutes (2018), regarding any
Special Election not otherwise provided for, there shall be at least thirty (30) days' notice of the
Special Election by publication in a newspaper of general circulation in the City. The City Clerk
is authorized and directed to publish notice of the adoption of this Resolution and of the provisions
hereof at least twice, once in the fifth week and once in the third week prior to the week in which the
aforesaid Special Election is to be held, in newspaper(s) of general circulation in the City which
notice shall be substantially in the following form:
NOTICE OF SPECIAL ELECTION

TO AMEND THE MIAMI CITY CHARTER TO BE HELD ON
TUESDAY, NOVEMBER 6, 2018
IN THE CITY OF MIAMI, FLORIDA
PURSUANT TO RESOLUTION NO. _______

A Special Election will be held on Tuesday, November 6, 2018 from 7:00 A.M
until 7:00 P.M. in the City of Miami, Florida at the polling places in the several
Special Election precincts designated by the Miami-Dade County Supervisor of
Elections as set forth herein unless otherwise provided by law and submitting to
the qualified electors of the City of Miami, Florida, the following question:
Shall the Miami Charter be amended to change to a strong mayor-commission

form of government; replace city manager with the mayor; mayor serves as
nonvoting, non-member commission chair; grant mayor power to appoint and
remove city attorney, city clerk, police and fire chief, department directors and
employees; change filling mayoral vacancy and pay formula; adopt state recall
procedure; provide other mayoral and commission powers and changes; and
make effective immediately?
By order of the Commission of the City of Miami, Florida.
Section 6. The official ballot to be used at said Special Election shall be in full
compliance with the laws of the State with respect to vote-by-mail ballots and to use of the
mechanical voting mechanics or the Computer Election System and shall be in substantially the
following form:
“Official Ballot”
Special Election
Miami, Florida
November 6, 2018
-----------------------------------------------------------------
Change to Strong Mayor-Commission Form of Government.
-----------------------------------------------------------------
Shall the Miami Charter be amended to change to a

strong mayor-commission form of government;
replace city manager with the mayor; mayor serves
as nonvoting, non-member commission chair; grant
mayor power to appoint and remove city attorney,
city clerk, police and fire chief, department directors
and employees; change filling mayoral vacancy and
pay formula; adopt state recall procedure; provide
other mayoral and commission powers and
changes; and make effective immediately?
Yes
No
Section 7. The form of the ballot shall be in accordance with requirements of general
election laws. Electors desiring to vote in approval of the Question described above shall be
instructed to vote their selection next to the word "YES" within the ballot frame containing the
statement relating to the Question. Electors desiring to vote to disapprove the Question shall be
instructed to vote their selection next to the word "NO" within the ballot frame containing the
statement relating to the Question. Once individuals are satisfied with their choice, they shall
press the "Vote" button and the ballot shall be cast.
Section 8. The City Clerk shall cause to be prepared vote-by-mail ballots containing the
Question set forth in Section 6 above for the use of vote-by-mail electors entitled to cast such
ballots in said Special Election.
Section 9. All qualified electors of the City shall be permitted to vote in said Special
Election and the Supervisor is hereby requested, authorized, and directed to furnish, at the cost and
expense of the City, a list of all qualified electors residing in the City as shown by the registration books
and records of the Office of said Supervisor and duly certify the same for delivery to and for use
by the election officials designated to serve at the respective polling places in said special
election precincts.
Section 10. For the purpose of enabling persons to register who are qualified to vote in
said Special Election on Tuesday, November 6, 2018, and who have not registered under the
provisions of the general laws of the State and Chapter 16 of the Code of the City of Miami,
Florida, as amended, or who have transferred their legal residence from one voting precinct to
another in the City, they may register Monday through Friday from 8:00 A.M. to 5:00 P.M. at the
Miami-Dade County Elections Department located at 2700 Northwest 87th Avenue, Miami, Florida
within such period of time as may be designated by the Supervisor. In addition to the above place
and times, qualified persons may register at such branch offices and may also use any mobile
registration van for the purpose of registration in order to vote in the herein described Special
Election during such times and on such dates as may be designated by the Supervisor.
Section 11. Todd B. Hannon, the City Clerk, or his duly appointed successor, is hereby
designated and appointed as the official representative of the City Commission in all transactions with
the Supervisor related to matters pertaining to the use of the registration books and the holding
of said Special Election.
Section 12. The City Clerk shall deliver a certified copy of this Resolution to the
Supervisor not less than forty-five (45) days prior to the date of the Special Election.
Section 13. This Resolution shall become effective immediately upon its adoption
and signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
2
If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
EXHIBIT I
E-Mail Correspondence Between City Clerk and Supervisor of Elections

Marticorena, Jose M. (ITD)
From: Hannon, Todd <thannon@miamigov.com>

Sent: Monday, June 11, 2018 10:31 AM
To: Ramirez, Vanessa (Elections); Forges, Sandra; Ewan, Nicole
Cc: McClain, Michelle (Elections); White, Christina (Elections); Mendez, Victoria; Greco, John
A.; Min, Barnaby; McNulty, Kerri L.
Subject: RE: Petition to amend City of Miami charter
This is an EXTERNAL email. Exercise caution. DO NOT open attachments or click links from
unknown senders or unexpected emails. Please click here if this is a suspicious message
reportspam@miamidade.gov Enterprise Security Office
Hi Vanessa,

Your understanding of my direction is correct. Please reject a petition for the reasons you referenced below.

If you have any additional questions or requests regarding this matter, please do not hesitate to contact me.

Have a great day!
___________________________
Todd B. Hannon
City Clerk
Office of the City Clerk
City of Miami
P: 305-250-5366
F: 305-858-1610
Email: thannon@miamigov.com

Attention: All communications (including email addresses) sent and received through the City of Miami’s email system are considered public
record. The Florida Public Records Act (FPRA) requires the City to make all public records available for inspection and to provide copies upon
request. Please govern yourself accordingly.

From: Ramirez, Vanessa (Elections) [mailto:Vanessa.Ramirez@miamidade.gov]
Sent: Monday, June 11, 2018 10:01 AM
To: Hannon, Todd <thannon@miamigov.com>; Forges, Sandra <sforges@miamigov.com>; Ewan, Nicole
<newan@miamigov.com>
Cc: McClain, Michelle (Elections) <Michelle.McClain@miamidade.gov>; White, Christina (Elections)
<Christina.White@miamidade.gov>
Subject: FW: Petition to amend City of Miami charter

Todd,
The Miami-Dade Elections Department is in receipt of the petitions to amend the charter of the City of
Miami. The department confirms there are 5,000 petitions. In accordance with the cover letter
submitted with the petitions, you have directed us to review the petitions to determine if the person
identified on the petition is a registered voter in the City of Miami. As such, we will only reject a
petition for the following reasons:
1
 Not registered to vote (not registered in Miami-Dade County)
 Removed Ineligible (No longer registered in Miami-Dade County)
 Out of District (Not registered in the City of Miami)
 Duplicate (Signed the petition more than once)
 Bad signature (Signature does not match the signature on file in the voter’s record)
Based on your direction we will canvass the petitions and provide a certification of the number of valid
signatures. Please let us know if our understanding of your directions are in error, or if you wish you
may contact me directly with any questions at 305-499-8571.
Best regards,
Vanessa Ramirez
Assistant Deputy, Voter Services Division
Miami-Dade County Elections Department
(305)499-8571 Phone
(305)499-8401 Fax
www.miamidade.gov/elections
“Delivering Excellence Every Day”
2
EXHIBIT J
The City Clerk’s July 30, 2018 Certification of the Petitions

Elections
2700 NW 87th Avenue
MIAMI-DADEH Miami, Florida 33172
T 305-499-8683 F 305-499-8547
COUNTY TTY 305-499-8480
miamidade.gov
July 12, 2018
Todd B. Hannon
City Clerk
City of Miami
Dear Mr. Hannon:
The Miami-Dade Elections Department has completed the verification of Batch 3 of the
petitions submitted by Miamians for an Independent & Accountable Mayor's Initiative, a
committee seeking proposed changes to the Charter of the City of Miami. A total of
5,001 petitions were reviewed for verification; of which 4,435 were certified.
As such, please find the certification for the petition enclosed. Should you have any
questions or concerns, please feel free to contact Michelle McClain, Deputy Supervisor
of Elections for Voter Services at 305-499-8302.
Sincerely,
ris White
Supervisor of Elections o
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MIAMIDADE Miami, Florida 33172
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COUNTY TTY 305-499-8480
miamidade.gov
CERTIFICATION
Batch # 3
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
I, Christina White, Supervisor of Elections of Miami-Dade County, Florida, do hereby

certify that 4.435 signatures submitted by Miamians for an Independent &
Accountable Mavor's Initiative matched the signatures on the voter files.
WITNESS MY HAND
AND OFFICIAL SEAL,

AT MIAMI, MIAMI-DADE
COUNTY, FLORIDA,
ON THIS 12™ DAY OF
JULY, 2018
Christina White
Supervisor of Elections
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Todd B. Harmon S-i ^ rn

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City of Miami '5

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Dear Mr. Hannon:
Sine
Christina White
Enclosure (1)
Elections
2700 NW 87th Avenue
MIAMI-DADE Miami, Florida 33172
T 305-499-8683 F 305-499-8547
COUNTY TTY 305-499-8480
miamidade.gov
CERTIFICATION
Batch # 4
STATE OF FLORIDA)

certify that 1.266 signatures submitted by Mlamlans for an Independent &
WITNESS MY HAND
AND OFFICIAL SEAL,

COUNTY, FLORIDA,
JULY, 2018
Christina White
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Dear Mr. Hannon:
Sine
Christina White
Enclosure (1)
Elections
2700 NW 87th Avenue
T 305-499-8683 F 305-499-8547
COUNTY TTY 305-499-8480
miamidade.gov
CERTIFICATION
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certify that 1,113 signatures submitted by Miamians for an Independent &
WITNESS MY HAND
AND OFFICIAL SEAL,

COUNTY, FLORIDA,
JULY, 2018
Christina White
Elections
2700 NW 87th Avenue
MIAMIDADEM Miami, Florida 33172
T 305-499-8683 F 305-499-8547
COUNTY
TTY 305-499-8480
miamidade.gov
July 25, 2018
Todd B. Hannon
City Clerk
City of Miami
Dear Mr. Hannon:
1867 petitions were reviewed for verification; of which 1,719 were certified.
Sincereh
Christina White
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CERTIFICATION
Batch # 6
STATE OF FLORIDA)

certify that 1.719 signatures submitted by Miamians for an independent &
WITNESS MY HAND
AND OFFICIAL SEAL,

COUNTY, FLORIDA,
ON THIS 25^^^ DAY OF
JULY, 2018
Christina White
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MIAMI-DADE* 2700 NW 87th Avenue
Miami, Florida 3 n 72
COUNTY T 305-499-8683 F 305-499-8547
TTY; 305-499-8480
miamidade.gov
July 30, 2018
Todd B. Hannon
City Clerk
City of Miami
Dear Mr. Hannon:
The Miami-Dade Elections Department has completed the verification of Batch 7 nf tho
commitfpr W/am/ans for an Independent & Accountable Mayor's Initiative a
?2,059 petitions wereproposed changes
reviewed for to theofCharter
verification; of thewere
which 1,667 Citycertified.
of Miami A total'of
As such, please find the certification for the petition enclosed. Should vou have anv
of rI'T'
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Elections for Voter Services at free to contact Michelle McClafn' upervisor
SincereK
Christina White
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MIAMIDAPg 2700 NW 87lh Avenue
COUNTY T 30S-499-8683 F 305-499-8547
TTY: 305-499-8480
miamidade.gov
CERTIFICATION
Batch # 7
STATE OF FLORIDA)
County, Florida, do hereby

r .f Mayor's
Accountable Signatures submittedthebysignatures
Initiative matched Miamians forvoter
on the an files
inHnpanrli-nt ft
WITNESS MY HAND
AND OFFICIAL SEAL,
COUNTY, FLORIDA,
ON THIS 30'^ DAY OF
JULY, 2018
Christina White
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MIA M11I-DADF^B
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COUNTY T 305-499-8683 F 305-499-8547
TTY: 305-499-8480
tniamidade.gov
July 30, 2018
Todd B. Hannon
City Clerk
City of Miami
Dear Mr. Hannon:
committee seeking proposed changes to the Charter of the City of Miami. A total of 583
petitions were reviewed for verification; of which 531 were certified.
SI er
Christina White
Enclosure (1)
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2700 NW 87th Avenue
MiAMIDADI Miami, Florida 331 72
COUNTY T 305-499-8683 F 305-499-8547
TTY; 305-499-8480
mlamidade.gov
CERTIFICATION
Batch # 8
STATE OF FLORIDA)

certify that 531 signatures submitted by Miamians for an Independent & Accountable
Mayor's Initiative matched the signatures on the voter files.
WITNESS MY HAND
AND OFFICIAL SEAL,
COUNTY, FLORIDA,
ON THIS 30"^ DAY OF
JULY, 2018
Christina White
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Strong Mayor Lawsuit

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Strong Mayor Lawsuit

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Filing # 77420226 E-Filed 09/04/2018 11:43:39 PM

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT

FRANCIS X. SUAREZ, individually

EMERGENCY COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Plaintiff/Petitioner JOE CAROLLO, individually and as a commissioner of the City of

Miami, Florida sues Defendants/Respondents FRANCIS X. SUAREZ, individually and in his

AN INDEPENDENT AND ACCOUNTABLE MAYORS INITIATIVE, INC., a political

GENOVESE JOBLOVE & BATTISTA, P.A.

On November 6, 2018, the City of Miami proposes to hold a ballot referendum to

deceive voters about its true purpose and effect.

 completely control the City of Miami’s $1 billion budget;

heads without meaningful input from elected Commissioners;

 interfere with subordinates of the auditor general;

 appoint his own successor (even if he is removed for criminal activity);

 make important recommendations on awarding government contracts, lead labor

negotiations and oversee the City of Miami’s workforce; and

 totally exempt himself from the Florida sunshine laws.

Additionally, many petitions fail to conform to the requirements of Miami-Dade County

contents and effect of the proposed charter amendment.

to remove Miami-Dade’s well-known fiscal (prosecutor) Katherine Fernandez Rundle.

unfair and deceptive ballot practices..

1. Plaintiff/Petitioner Joe Carollo is a resident and former mayor of the City of

address a specific and individualized injury to his office.

2. Defendant Francis X. Suarez is the Mayor of the City of Miami (“Mayor

County and is otherwise sui juris.

3. Defendant City of Miami (“Miami” or the “City”) is a Florida municipal

otherwise sui juris.

5. Defendant Miamians for an Independent and Accountable Mayors Initiative, Inc.

and L. Elijah Stiers.

6. Defendant Christina White is the Miami-Dade Supervisor of Elections. With

Jurisdiction and Venue

86.011, and 86.051.

9. Miami is the County seat of Miami-Dade County. Accordingly, venue is proper

in Miami-Dade County, Florida.

A. The City of Miami Charter

otherwise provided. Charter at §4(a).

operations. See Charter §§4(a) and 4(g).

a. Acting as presiding officer of the City Commission with

b. Being recognized as the official head of the City.

c. Declaring a state of emergency as provided in state law.

e. Vetoing any legislative, quasi-judicial, zoning, master plan

f. Appointing the City Manager.

g. Establishing and appointing the members of all standing

h. Preparing and delivering a report on the state of the City to

i. Preparing and delivering a budgetary address annually to

of August 18, 2018, the Mayor’s salary is $97,000.3

B. The Charter Amendment Process

municipality, a proposed amendment to its charter. See Fla Stat. § 166.031.

the petition. Sec. 12-23 states in relevant part:

Form of Petition. All petitions for initiative, referendum . . . shall

A. A statement in each petition circulator's own handwriting,

B. The residence address of the circulator.

C. Dates between which all the signatures on each individual

D. A sworn statement that the circulator personally circulated

E. A sworn statement signed by the circulator certifying to the

F. Any individual who knowingly signs more than one petition

G. The title and text in English, Spanish, and Creole of the

C. The Proposed Part-Time Super Strong Mayor Initiative

provided by the Committee through its website (www.strongmiami.com) is annexed hereto as

changes to the Charter:

a. Provides a guaranteed mayoral compensation of no less than 75% of the County

d. Appoints the Mayor as non-voting Chair of the Commission. Section 4(e)

22. Notwithstanding his proposed expanded responsibilities, Mayor Suarez has

D. The Referendum Process