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 Hialeah Gardens
 Code of Ordinances
 Part I. CHARTER
 Article III. GOVERNMENT

  § 9. Election of City officials and terms of office.  

Latest version.

  • A.

    The office of Mayor shall be a nonpartisan office. The Mayor shall be elected by a majority vote of the City's electorate. All candidates seeking the office of Mayor shall file to run in Group I. All qualified candidates' names shall be placed on the general election's ballot. The names of the two candidates receiving the highest number of votes shall be placed on the Run-off election's ballot, except if one candidate received a clear majority vote at the general election, in which case the candidate receiving the majority vote would be declared Mayor-elect. The candidate receiving the majority vote at the Run-off election shall be declared Mayor-elect.

    B.

    The Mayor, Group I, shall be elected at the City's Run-off election in 1981, and thereafter shall be elected each odd numbered year for a four (4) year term of office.

    Editor's note— Res. No. 2244, § 2, adopted Mar. 18, 2008 set out provisions, affecting Sec. 9B., that the term of office of the Mayor be extended from a two-year term to a four-year term, commencing with the mayoral election to be held on Mar. 6, 1997. Election for said provisions was held on Sept. 3, 1996.

    C.

    The five (5) seats that make up the City Council shall be nonpartisan offices. The five (5) members of the City Council shall be elected at large by a majority vote of the City's electorate. All candidates seeking a seat on the City Council shall file to run in any one (1) of the five (5) groups that represent the five (5) City Council seats, Group II, Group III, Group IV, Group V or Group VI. All qualified candidates filing for the same group shall have their names placed together on the general election's ballot. There shall be as many separate groups as there are seats on the Council open for election. The names of the two candidates receiving the highest number of votes in each group shall be placed on the Run-off election's ballot, except if one candidate received a clear majority vote over the other candidates in the group at the general election. In that case, the candidate receiving the majority vote would be declared Council-member-elect in that group. The candidate receiving the highest number of votes at the Run-off election shall be declared Council-member-elect in that group.

    D.

    Commencing with the election in March 1997, all council groups shall serve a four year term, with one seat continuing to be two years.

    Editor's note— Ord No. 98-01, § 1, adopted Feb. 3, 1998, set out provisions to implement § D, as follows: "That all councilpersons elected at the next election (March 3, 1998) shall serve for a period of four years and at councilpersons elections after March 3, 1998, all councilperson's term of office shall be for four years, with the councilperson who receives the least votes in such election to serve for a two year term."

    E.

    The City's Council members in Groups II, III, and IV shall be elected at the City's general or Run-off election in 1981. The City's Council members in Groups V and VI, shall be elected at the City's primary or Run-off election in 1982.

    F.

    All elected City officials, Mayor, and City Council members, shall remain in office until their successors are elected and sworn into office.

    G.

    Any incumbent City Council member seeking the office of Mayor, Group I, shall submit a written resignation to the City Clerk not less than ninety (90) days prior to the date of the City's Run-off election, and said resignation shall become effective on the date of the Run-off election. Upon receipt of a written resignation, the City Clerk shall make a public announcement of the resignation and will accept candidates to run for election to the remaining unexpired term of the City Council member's seat.

    H.

    Any elected City Official, Mayor, or City Council member, seeking some other elective public office outside the City, shall submit a written resignation to the City Clerk upon qualifying for the other elective public office. Should the City official refuse or fail to submit a written resignation upon qualifying for another elective public office, the official shall be ousted from office and the office shall be declared vacant.

    I.

    Any elected official, Mayor or City Council member, who no longer remains a resident and qualified elector of the City during their term in office, shall submit a written resignation to the City Clerk. Should the City Official refuse or fail to submit a written resignation, the official shall be ousted from office immediately, and the office shall be declared vacant.

    J.

    The Mayor shall serve full time during regular City Hall business hours to fulfill the mayoral powers. Such mayoral service shall be the Mayor's only full time employment.

(Referendum, 3-3-87; Ord. No. 90-50, § 2, 12-20-91/3-3-92; Ord. No. 90-53, § 2, 12-20-91/3-3-92; Ord. No. 94-09, § 1, 1-17-95/3-7-95; Ord. No. 96-20, § 1, 11-5-96/3-4-97; Ord. No. 98-01, § 1, 2-3-98; Res. No. 2244, 3-18-08)