Miami charter change could force vote to fill elected official vacancies

A proposed City of Miami charter change could require future vacancies in the offices of mayor and city commissioner to be filled through elections only, eliminating the option to appoint replacements.

On July 9, the city commission is to consider placing the charter amendment on the Nov. 3 ballot, asking voters whether to end the current practice that allows a majority of commissioners to appoint replacements when a mayoral or commission vacancy occurs. If commissioners advance the proposal and voters later approve it, those vacancies would instead be filled through special elections.

Sponsored by Commissioner Rolando Escalona, the proposal would amend Section 12 of the city charter, replacing the current process for filling vacancies in the office of mayor or on the commission.

Under the current charter, when a vacancy for mayor or city commissioner occurs because of death, resignation, forfeiture, suspension, removal or another cause, the remaining commissioners have 10 days to appoint a qualified replacement. If they fail to do so within that timeframe, the city must call a special election to fill the vacancy.

The proposed amendment would eliminate that appointment authority altogether, making a special election the only method of filling a vacancy. If election deadlines coincide with an already scheduled election, the vacancy contest would be held concurrently with that election rather than as a standalone special election.

The amendment also would establish timelines for those elections, requiring a special election to be called within 30 days after a vacancy occurs and be held within 120 days after that 30-day period. Candidates would qualify during the first five business days after the special election is called.

The proposal would preserve existing provisions allowing an elected official removed because of forfeiture, suspension or removal to resume office if later absolved of the allegations that led to the vacancy. It also would retain the charter’s provision authorizing a court to compel compliance or call an election if city officials fail to carry out their duties under the section.

The ballot question would ask voters: “Shall the City of Miami Charter be amended 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?”

If approved this week, the proposed charter amendment would appear on the Nov. 3 ballot for City of Miami voters. If a majority of voters approve the measure, the revised vacancy procedures would become part of the charter.