On June 18, 2021, Commissioner Gongora formally announced his candidacy for the office of Miami Beach Commissioner (Group III), in the November 2, 2021 General Election, and his intent to seek a third four-year term in office as a City Commissioner. I immediately provided Commissioner Gongora with my response, a copy of which is attached hereto.

Section 2.02 of the City Charter provides for lifetime term limits for City Commissioners and the Mayor, measured retroactively from their first elections. With this election cycle, Commissioner Gongora will have completed two full four-year terms.

Accordingly, based on the express term limits set forth in the City Charter, Commissioner Gongora does not qualify to serve for a third term as commissioner. Commissioner Gongora may, however, continue to seek elective office and run for mayor, as he is not term limited or precluded in any way from serving as Mayor for up to three terms.

Time is of the essence, as the issues here impact an election that is less than five months away. For this reason, the purpose of this discussion item is to seek City Commission direction regarding the City’s filing of a declaratory judgment action, in an effort to obtain a ruling and resolve this narrow legal issue prior to the close of the candidate qualifying period in early September.

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