The City of Hialeah Gardens is under, what is known as, the "Mayor-Council form of Government." All legislative powers of the City are vested in the City Council. All executive powers of the City are vested in the Mayor. The Council consists of five (5) citizens, who are qualified voters of the city, and who hold no other elective public office. The individual Council members each have one (1) vote in all matters before the City Council.
The Mayor is also a qualified voter of the City who holds no other elective public office, and is elected in the manner described above. The Mayor does not have a vote on the Council, except in the case where a vacancy exists, in which case the Mayor has the option to cast one tie-breaking vote. In the event of a tie vote by the members of the City Council, where no vacancy exists, the issue shall be considered defeated; however, the Mayor shall have the right, at her/his discretion, to call a special Council meeting within ten (10) days to reconsider the particular issue.
Powers of the Mayor
The Mayor is the executive head of the City, with the responsibility and all the necessary powers and authority to perform such duties as may be prescribed by the Charter, ordinances, or resolutions of the City Council, as well as to enforce all its laws, ordinances, and resolutions.
The Mayor serves full time during regular City Hall business hours to fulfill the mayoral powers. The City Charter dictates that, "such mayoral service shall be the Mayor's only full time employment."
The Mayor is recognized as the official head of the City for all ceremonial purposes, by the Courts for the purpose of serving civil process, and by the Governor for all military or Civil Defense purposes.
In time of public danger or emergency, the Mayor, with the consent of the City Council, may take command of the police to maintain order and enforce the laws. During the Mayor's absence or disability, the duties of Mayor shall be performed by the Chairperson of the City Council.
The Mayor is responsible for the preparation of the City's annual budget. The Mayor keeps the City Council advised as to the needs of the City. It is the Mayor's duty to keep the City Council well informed as to the financial condition of the City.
The Mayor may appoint to any board or committee, with the exception of the Zoning Board, two (2) members to serve at the discretion of the Council without compensation, with such duties as provided by resolution as the Council may deem necessary. The Mayor is responsible for the day-to-day operation of the City by overseeing all City Departments.
The Mayor has the right and the responsibility to appoint and remove all officers, servants, agents and employees of the City, without the right of veto by the Council. The Mayor attends all meetings of the City Council, with the right to take part in discussion on all matters before the Council, but not to vote, except in the event a vacancy exists in the Council.
The Mayor then has the right to cast one (1) tie-breaking vote. The Mayor shall perform such duties as may be prescribed by the Charter, ordinances, or resolutions of the City Council.
The Mayor shall have the right and responsibility to appoint and remove officers, servants, agents, and employees of the City.