2004 0520 Regular City Commission Meeting

Home Browse Search

Summary Minutes: Regular City Commission Meeting May 20, 2004 City of Sunny Isles Beach, Rorida Amending Section 2.3 "Election and Term of Office" to Revise Limitations on Lengths of Service as Mayor and City Commissioners and to Establish Term Limits for Members Serving on the City Commission; Providing Requisite Ballot Language for Submission to Electors; Providing for Copies of this Charter Amendment to be Available for Public Inspection; Providing for the City Clerk to Utilize the Services of Miami-Dade County Supervisor of Elections; Providing for Severability; Providing for Inclusion in the Charter; Providing for Adoption of Enabling Resolution; and Providing for an Effective Date. Action: City Clerk Hines read the title and City Attorney Dannheisser reported that a revised Ordinance was distributed revising the language under Section 2.3, Limitations on Lengths of Service. Mayor Edelcup said that he wanted to add one modification to define the term as being a four-year term, and City Attorney Dannheisser said if they do that they would need a further amendment that exempts the one situation where it is the filling of a vacancy because that may not be a four-year term, it would exclude that. Public Speakers: Kathleen Kennedy; Henry Kay; Joseph Milton Mayor Edelcup suggested to go through each Charter change individually, beginning with the "Filling of Vacancies". He said that there is no change for the Mayor, but a change for the Commissioner. He noted that when Mayor Samson died, he was automatically appointed Mayor but because his term had more than six months to go, there had to be an election. He said when he moved up to that position, there was a vacancy on the Commission seat, and under the current Charter it states that person can be appointed for the duration of that original seat opening without having that Commissioner stand for the same confirmation as the Mayor would have to stand for, and suggested that we parallel the requirement so that if the Commission seat is being filled for a period of more than six months, that person within 90-days has to stand for election by the City just as the Mayor has to do. Commissioner Brezin moved to accept this Charter amendment, Section 2.5 (c) Filling of Vacancies, and the Commission was in agreement. Commissioner Thaler asked to include that these be four-year terms, and Mayor Ede1cup said we need to put in new wording that affects the Commission or the Mayor that if it is a period of less than a four-year term and the situation arose because of a death or being incapacitated that would not count as a full term because it could be a term of one day at a minimal so that that sub-term does not count against the two four-year terms. Commissioner Brezin clarified that they would be entitled to serve for the full two terms after the election. Commissioner Iglesias asked how it would work if a person becomes incapacitated providing that there is an accident that he cannot fulfill his duties, what happens to that term? City Attorney Dannheisser said that a term has commenced on an election whether or not it is actually completed, provided however, that when you are talking about the filling of a vacancy, which is an unexpired term, that does not count as a term commencing. She further stated that a term is commenced when you are elected under every scenario, and the only exception would be if you are elected to fill a vacancy, 3