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Yahoo
2 days ago
- Politics
- Yahoo
Miami doubles down on proposal to delay election, teeing up battle with the state
Miami officials are moving forward with a controversial proposal that would push the November election back to 2026 and give the city's current elected officials an extra year in office, defying a written opinion from the Florida attorney general and a public rebuke from Gov. Ron DeSantis, both of whom say the change requires voter approval. Miami City Attorney George Wysong authored an opinion Thursday stating that the City Commission has the authority to move the election, rather than the change going to voters in a ballot referendum. Wysong's opinion landed the day after Florida Attorney General James Uthmeier issued an opinion stating that such a change must be approved through a ballot referendum. City Commissioner Miguel Angel Gabela had quietly asked the state to weigh in with a legal opinion. Wysong's opinion positions the city for a potential battle with the state, as the governor has also taken interest in the matter. In a Thursday social media post, DeSantis concurred with Uthmeier, saying 'city of Miami politicians do not have the authority to cancel this year's elections and extend their terms in office without voter approval.' READ MORE: Miami mayor is lobbying behind the scenes for proposal to skip November election Wysong issued his opinion in response to a request from City Commissioner Damian Pardo, who is sponsoring legislation that would delay the upcoming November election. Pardo is seeking to move the city to even-year elections where voter turnout is higher. Aligning with the state and national election cycle can also save the city hundreds of thousands of dollars in election costs. The City Commission is slated to take its first of two votes on Pardo's proposal on Tuesday. While Uthmeier's opinion threatened to thwart Pardo's effort, Wysong's response could provide the city commissioners enough reassurance to push forward anyway. Wysong cited three Florida statutes that he argues give the city the green light. One of those statutes states that the governing body of a city can 'by ordinance, change the dates for qualifying and for the election of members of the governing body of the municipality and provide for the orderly transition of office resulting from such date changes.' Changes to the city charter require voter approval, and the provision stating that Miami elections take place in odd years is enshrined in the city charter. But in his opinion, Wysong cited a Florida statute that says, regardless of the provisions in a municipal charter, the governing body of a city can 'move the date of any municipal election to a date concurrent with any statewide or countywide election' by ordinance. 'Even if the City Charter conflicts with the statutes, the statutes control,' Wysong wrote. Uthmeier, on the other hand, pointed to the Miami-Dade County Home Rule Charter, arguing that 'the electorate of the City of Miami, by way of the County's provisions in the County Charter, has a direct role in amending its charter' and that 'ignoring this procedure would render meaningless' certain provisions in the Florida Constitution. 'The charter specifies that the electors of municipalities must decide directly, by way of referenda, whether to amend their charter,' Uthmeier said. He added that 'a decision in which the municipality's governing body alone purports to amend unilaterally the municipality's charter simply contradicts the county's charter.' 'The fact that the result of the charter amendment might achieve a specific objective stated in a general law is of no consequence,' Uthmeier said. Pardo needs support from at least two of his colleagues on the five-member City Commission to move the proposal forward. Commissioners Joe Carollo and Gabela have stated they are opposed to the proposal and will be voting no. That leaves Commissioners Christine King and Ralph Rosado — who was elected in a special election last week — as Pardo's potential allies. King declined to share her thoughts about moving the election before Tuesday's commission meeting. Pardo has also gotten assistance from Mayor Francis Suarez, who has been lobbying behind the scenes to whip up commission support for Pardo's proposal. If the change passes, Suarez — who is term-limited as mayor — would get a ninth consecutive year as mayor and a 17th consecutive year in City Hall. Suarez was previously a city commissioner from 2009 to 2017. Carollo, who is also reaching the end of his term limits, would get a ninth consecutive year as the District 3 commissioner. The other four elected officials — Pardo, Gabela, King and Rosado — would get an extra year in office as well. That means Tuesday's meeting puts Rosado in a position to vote to give himself an extra year in office at his first City Commission meeting. Rosado has previously said he's in favor of moving to even-year elections, but he has not committed publicly to voting for or against Pardo's proposal. While the attorney general's opinion gave him some pause, Rosado told the Miami Herald that 'I trust our city attorney and the way he's guiding us.' 'George [Wysong] is adamant that the commission does, in fact, have the right to vote on this on Tuesday,' Rosado said. Asked if he thinks it would disenfranchise voters to extend or shorten city commissioners' terms without voter input, Rosado said, 'I'm gonna have to think about that.' The newly minted District 4 commissioner noted that many people have been reaching out to him about the proposal. 'Folks feel strongly one way or the other,' Rosado said. 'I don't think there's a solution that is somehow perfect, that makes everybody happy.'
Miami Herald
2 days ago
- Politics
- Miami Herald
Miami doubles down on proposal to delay election, teeing up battle with the state
Miami officials are moving forward with a controversial proposal that would push the November election back to 2026 and give the city's current elected officials an extra year in office, defying a written opinion from the Florida attorney general and a public rebuke from Gov. Ron DeSantis, both of whom say the change requires voter approval. Miami City Attorney George Wysong authored an opinion Thursday stating that the City Commission has the authority to move the election, rather than the change going to voters in a ballot referendum. Wysong's opinion landed the day after Florida Attorney General James Uthmeier issued an opinion stating that such a change must be approved through a ballot referendum. City Commissioner Miguel Angel Gabela had quietly asked the state to weigh in with a legal opinion. Wysong's opinion positions the city for a potential battle with the state, as the governor has also taken interest in the matter. In a Thursday social media post, DeSantis concurred with Uthmeier, saying 'city of Miami politicians do not have the authority to cancel this year's elections and extend their terms in office without voter approval.' READ MORE: Miami mayor is lobbying behind the scenes for proposal to skip November election Wysong issued his opinion in response to a request from City Commissioner Damian Pardo, who is sponsoring legislation that would delay the upcoming November election. Pardo is seeking to move the city to even-year elections where voter turnout is higher. Aligning with the state and national election cycle can also save the city hundreds of thousands of dollars in election costs. The City Commission is slated to take its first of two votes on Pardo's proposal on Tuesday. While Uthmeier's opinion threatened to thwart Pardo's effort, Wysong's response could provide the city commissioners enough reassurance to push forward anyway. Wysong cited three Florida statutes that he argues give the city the green light. One of those statutes states that the governing body of a city can 'by ordinance, change the dates for qualifying and for the election of members of the governing body of the municipality and provide for the orderly transition of office resulting from such date changes.' Changes to the city charter require voter approval, and the provision stating that Miami elections take place in odd years is enshrined in the city charter. But in his opinion, Wysong cited a Florida statute that says, regardless of the provisions in a municipal charter, the governing body of a city can 'move the date of any municipal election to a date concurrent with any statewide or countywide election' by ordinance. 'Even if the City Charter conflicts with the statutes, the statutes control,' Wysong wrote. Uthmeier, on the other hand, pointed to the Miami-Dade County Home Rule Charter, arguing that 'the electorate of the City of Miami, by way of the County's provisions in the County Charter, has a direct role in amending its charter' and that 'ignoring this procedure would render meaningless' certain provisions in the Florida Constitution. 'The charter specifies that the electors of municipalities must decide directly, by way of referenda, whether to amend their charter,' Uthmeier said. He added that 'a decision in which the municipality's governing body alone purports to amend unilaterally the municipality's charter simply contradicts the county's charter.' 'The fact that the result of the charter amendment might achieve a specific objective stated in a general law is of no consequence,' Uthmeier said. Three votes needed Pardo needs support from at least two of his colleagues on the five-member City Commission to move the proposal forward. Commissioners Joe Carollo and Gabela have stated they are opposed to the proposal and will be voting no. That leaves Commissioners Christine King and Ralph Rosado — who was elected in a special election last week — as Pardo's potential allies. King declined to share her thoughts about moving the election before Tuesday's commission meeting. Pardo has also gotten assistance from Mayor Francis Suarez, who has been lobbying behind the scenes to whip up commission support for Pardo's proposal. If the change passes, Suarez — who is term-limited as mayor — would get a ninth consecutive year as mayor and a 17th consecutive year in City Hall. Suarez was previously a city commissioner from 2009 to 2017. Carollo, who is also reaching the end of his term limits, would get a ninth consecutive year as the District 3 commissioner. The other four elected officials — Pardo, Gabela, King and Rosado — would get an extra year in office as well. That means Tuesday's meeting puts Rosado in a position to vote to give himself an extra year in office at his first City Commission meeting. Rosado has previously said he's in favor of moving to even-year elections, but he has not committed publicly to voting for or against Pardo's proposal. While the attorney general's opinion gave him some pause, Rosado told the Miami Herald that 'I trust our city attorney and the way he's guiding us.' 'George [Wysong] is adamant that the commission does, in fact, have the right to vote on this on Tuesday,' Rosado said. Asked if he thinks it would disenfranchise voters to extend or shorten city commissioners' terms without voter input, Rosado said, 'I'm gonna have to think about that.' The newly minted District 4 commissioner noted that many people have been reaching out to him about the proposal. 'Folks feel strongly one way or the other,' Rosado said. 'I don't think there's a solution that is somehow perfect, that makes everybody happy.'
Yahoo
05-02-2025
- Politics
- Yahoo
New executive order streamlines inquests into law enforcement-involved deaths in King County
A new executive order issued today by King County Executive Dow Constantine intends to streamline inquests into law enforcement-involved deaths. The executive order plans to simplify proceedings, implement a multidisciplinary panel to evaluate law enforcement practices, and suggest reforms to improve the safety of community members and officers. 'Families deserve accountability, officers deserve fairness, and the public deserves a clear, unbiased account of what happened in the case of an officer-involved death,' said Executive Constantine. 'This streamlined inquest process will deliver objectivity, while easing the emotional toll on all involved, and will allow more effective review of officer training and use-of-force policies to help jurisdictions improve procedures and minimize the chance of deadly encounters involving law enforcement.' According to a press release from the King County Executive, under the County Charter, an inquest is held whenever an interaction with law enforcement or corrections officers plays a significant part in a person's death and is an administrative, fact-finding inquiry into the causes and circumstances of the death. Key changes in the new executive order: Inquests will now be completed within 12 months of a person's death; previously, inquests often occurred years after the deadly use-of-force incident A new all-volunteer Deadly Incident Review and Recommendation Panel will meet regularly to review the outcome of inquest proceedings and develop recommendations for consideration by community members and policymakers. Previously, once inquest juries completed interrogatories, there was no further review of a case. The new panel will have expertise in law enforcement accountability, civil rights law, mental health, academia, and judicial practice, and will include a person whose family member died after an interaction with a law enforcement or corrections officer. The inquest hearing participants will now include the Inquest Administrator, Inquest Program attorney(s), witnesses, and the jury. Counsel from the parties involved in the deadly use-of-force incident will have the opportunity to present their view of the incident to the inquest attorneys, but will not be direct participants in the inquest itself. While much will change under the new Executive Order, some aspects of the current process will remain, including live streaming and posting hearings to promote transparency, the comprehensive gathering of records and evidence to inform the inquest, and Inquest Administrators, who are retired judges, continuing to preside over hearings as a neutral party. The following will be the first cases reviewed using the updated inquest process: The death of Shaun Fuhr, which occurred on April 29, 2020. The death of River Hudson, which occurred on May 6, 2020. The death of Denis Rodriguez Martinez, which occurred on February 7, 2019. The death of Ryan Smith, which occurred on May 8, 2019. The death of Isaiah Obet, which occurred on June 10, 2017, will also proceed now that former officer Jeff Nelson has been sentenced in his criminal case. According to the press release, Executive Constantine first sought to amend the inquest process in 2018, but proceedings were held up for several years by legal challenges. Those challenges were resolved through a 2021 ruling by the Washington State Supreme Court, and inquests resumed soon after. Since then, 21 hearings have been conducted by the Inquest Program, under the process outlined in a 2021 executive order. Executive Constantine believes the Supreme Court's decision made inquests unnecessarily contentious and drawn out, and families were unnecessarily forced to relive a traumatic event. Considering this, Executive Constantine worked to draft this new executive order to update the county's inquest process. Additionally, as the state Office of Independent Investigations (OII) comes online over the next few years, improved death investigations are expected to enhance the overall process. The new executive order is effective immediately and the new Deadly Incident Review and Recommendation Panel is expected to convene for the first time late this spring after a nomination process is completed, according to the press release.
