Amended Charter

Read how the Amended Charter will read after the amendment is adopted by the voters. Only Articles II and IV of the NMB City Charter would be changed in this amendment.

The original NMB City Charter can be found on Municode (link).

How the relevant sections of the NMB City Charter will look after voters adopt the Stronger NMB Amendment:

Article II. – Mayor, Vice-Mayor, City Commission

Sec. 2.2 – City Commission.

A. The City Commission shall be composed of seven (7) members, elected as herein provided, six (6) Commissioners elected from single-member districts, numbered from Districts (2) Two through (7) Seven, and the Mayor, elected at-large citywide and designated as District One (1) by the qualified electors of the City. The six (6) single-member districts shall be established and maintained in compliance with applicable state and federal law (e.g. Voting Rights Act) to be substantially equal in population, contiguous, and compact to the extent practicable; shall respect neighborhoods and follow major geographic boundaries where feasible. Within two months of the adoption of this Charter Amendment, the current Commission shall hire and appoint a consultant to establish the initial City Districts in preparation to meet the residency requirement for the 2028 election. The City Commission shall then properly redistrict each Commission District in the odd numbered year following each decennial census to account for any population shifts. The Commission shall be the legislative body of the City of North Miami Beach and shall have power to investigate any phase, function or operation of the City Government in such manner and at such time as to it shall be deemed necessary to the determination by the Commission of the public policy of the City. It shall have such other powers as are hereinafter expressly or impliedly set forth, or inherent in the legislative department of government. Any Commission-appointed officer of the City of North Miami Beach may be removed by a majority vote of the City Commission.

B. Mayor and Commissioners must remain bona fide residents and qualified electors of the City and, for Commissioners, of the district from which they were elected. The Mayor must reside continuously within the City during the term of office. Each Commissioner must reside continuously within the district from which elected during the term of office. Failure to maintain such residency shall result in the office being automatically deemed vacant and forfeited without further action.

Article IV. – Election of City Commission Members

Sec. 4.2 – Election and Term of Commission Members.

A. The Mayor shall be elected at large by the electors of the City of North Miami Beach. The six (6) remaining members of the City Commission shall be elected from single-member districts numbered Two (2) through Seven (7).

Qualified electors residing within each district shall vote for not more than one (1) candidate for the offices of city commissioner from that single-member district and shall not be entitled to vote for candidates for city commission from any other single-member district. At the City’s general election on the first Tuesday after the first Monday in November 2028, and at each general election every four years thereafter, the Mayor and members of City Commission running from Districts 3, 5, and 7 shall be elected for four (4) year terms. At the City’s general election on the first Tuesday after the first Monday in November 2030 and at each general election every four years thereafter, the members of City Commission running from Districts 2, 4, and 6 shall be elected for four (4) year terms.

B. No person may serve as, or be elected to the office of, Commissioner or Mayor for more than two consecutive four-year terms, not including time served as a member of the Commission as a result of having filled a vacancy in the Commission pursuant to Section 4.5 of the North Miami Beach City Charter so long as such time served in filling a vacancy does not exceed 50% of that subject term. Service by a Commission member in excess of 50% of any term of office shall be considered a full term for purposes of the term limit provisions in this section. After being out-of-office for two (2) years, he/she may run again. Members of the Commission shall serve until their successors are elected and qualified. For purposes of the term-limit provisions of this Charter, the calculation of consecutive terms for the Mayor and Commissioners shall commence with the general election held in 2028, and service prior to that election shall not be counted.

C. Notwithstanding the above, if a person is elected to 2 consecutive terms and has not met the term limit under the 50% provision in subsection B, he/she may only be elected to one additional term (regardless of that person’s length of service in that additional term) for completion of that particular term limit, after which time or unless he/she is out of office for 2 years in which case he/she may run again for the term limit.

Sec. 4.3 – Qualification of Commission Members.

Candidates for the office of Mayor and Commissioner of the City of North Miami Beach shall qualify with the Clerk of the City not prior to the seventy-eighth day preceding the election provided for in Section 4.1 hereof nor later than 12:00 noon on the seventy-third (73) day preceding the election. A candidate shall qualify by taking and subscribing to an oath that she/he is qualified under the charter of the City of North Miami Beach to hold the office of Commissioner and Mayor and by paying to said Clerk a qualifying fee in the amount of four (4%) percent of the annual salary of the office, which fee shall be deposited in the general fund of the City. Candidates for the office of City Commission member shall designate the district from which they desire to be elected. Each candidate, at the time of qualifying with the Clerk, shall designate a campaign treasurer and a depository of campaign funds. Candidates for Mayor, at the time of qualifying with the Clerk, must have immediately and continuously resided in the City of North Miami Beach for at least one (1) full year and be a qualified elector of the City of North Miami Beach. Each candidate for Commission, at the time of qualifying with the Clerk, must have immediately and continuously resided in their respective District for at least six (6) months and in the City of North Miami Beach for at least one (1) full year and be a qualified elector of the City of North Miami Beach. All candidates for office shall not, within five years next preceding the date of his/her qualification, have been convicted in this or any other state of any offense involving moral turpitude. A person may qualify as a candidate for only one office in any given election. No candidate may simultaneously qualify for the office of Mayor and the office of City Commissioner.

The original NMB City Charter can be found on Municode (link).