RE.9 - Prepare Charter Amendment for Election
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A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), FOR CONSIDERATION AT THE SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL ELECTION SCHEDULED FOR NOVEMBER 3, 2026, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 12, OF THE CHARTER TITLED "FILLING VACANCIES FOR MAYOR AND CITY COMMISSION," TO REMOVE THE OPTION TO FILL A VACANCY BY APPOINTMENT ON THE CITY COMMISSION OR IN THE OFFICE OF MAYOR AND REQUIRE THAT A VACANCY SHALL ONLY BE FILLED THROUGH THE PROCESS OF AN ELECTION; PROVIDING FOR AN EFFECTIVE DATE.
July 9, 2026
Sponsors
Higgins
King
Gabela
Pardo
Escalona
Rosado
Vote Details
INDEFINITELY DEFERRED
Motion to: Indefinitely Defer
Mover: Rolando Escalona, Commissioner
Seconder: Miguel Angel Gabela, Commissioner
Ayes (5):
King, Gabela, Pardo, Escalona, Rosado
Department: Commissioners and Mayor
Category: Elected Official Item
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, Section 12 of the Charter states, “a vacancy on the City Commission or in the Office of the Mayor . . . shall be filled within ten days after such vacancy occurs by the majority of the remaining City Commissioners”; and
WHEREAS, Section 12 of the Charter also states, “\[t\]he person appointed must meet the qualifications of the office as required in section 4 of this Charter”; and
WHEREAS, additionally, Section 12 of the Charter states, “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 . . ..”; and
WHEREAS, the City Commission believes the proposed amendment to Section 12 of the Charter to remove the option to fill a vacancy by appointment on the City Commission or in the Office of Mayor and require that a vacancy shall only be filled through the process of an election, is in the best interest of the residents of the City; and
WHEREAS, the City Commission wishes to submit the above-mentioned proposed amendments to the electorate, for approval or disapproval, at the Special Election to be held concurrently with the General Election scheduled for November 3, 2026;
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 City Attorney is directed to prepare an amendment to the Charter, for consideration at the Special Election to be held concurrently with the General Election scheduled for November 3, 2026, proposing, upon approval of the electorate, to amend Section 12 of the Charter to remove the option to fill a vacancy by appointment on the City Commission or in the Office of Mayor and require that a vacancy shall only be filled through the process of an election.
Section 3. This Resolution shall become effective immediately upon its adoption.
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WHEREAS, the Charter has been amended from time to time as the governance of the City has evolved; and
WHEREAS, Section 12 of the Charter states, “a vacancy on the City Commission or in the Office of the Mayor . . . shall be filled within ten days after such vacancy occurs by the majority of the remaining City Commissioners”; and
WHEREAS, Section 12 of the Charter also states, “\[t\]he person appointed must meet the qualifications of the office as required in section 4 of this Charter”; and
WHEREAS, additionally, Section 12 of the Charter states, “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 . . ..”; and
WHEREAS, the City Commission believes the proposed amendment to Section 12 of the Charter to remove the option to fill a vacancy by appointment on the City Commission or in the Office of Mayor and require that a vacancy shall only be filled through the process of an election, is in the best interest of the residents of the City; and
WHEREAS, the City Commission wishes to submit the above-mentioned proposed amendments to the electorate, for approval or disapproval, at the Special Election to be held concurrently with the General Election scheduled for November 3, 2026;
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 City Attorney is directed to prepare an amendment to the Charter, for consideration at the Special Election to be held concurrently with the General Election scheduled for November 3, 2026, proposing, upon approval of the electorate, to amend Section 12 of the Charter to remove the option to fill a vacancy by appointment on the City Commission or in the Office of Mayor and require that a vacancy shall only be filled through the process of an election.
Section 3. This Resolution shall become effective immediately upon its adoption.
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- [Legislative Files](https://miamifl.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=19500#)
- [Legal Notices](https://miamifl.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=19500#)
- [Some other Sort of Thing](https://miamifl.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=19500#)