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Miami commission candidate may have to resign to run

@NewsbySmiley

The only candidate so far to launch a bid for Miami’s District 2 commission seat in 2015 has been told she must resign her post on an important city board due to her candidacy.

According to a legal opinion issued Friday, Grace Solares’ decision to run for office means she must step down from the city’s newly formed charter review committee, which is tasked with recommending changes to the city’s constitutional document. The opinion from Assistant City Attorney Kerri McNulty doesn’t specifically mention Solares, but states that members of city boards must resign their positions once they’ve filed to run and appointed a campaign treasurer or begun to raise campaign funds.

Solares said she finds it hard to believe the opinion, issued four days after she filed to run, is a coincidence.

“I file on Monday and by Friday I had a legal opinion attempting to remove me?” said Solares, who noted that candidates sitting on previous city boards were allowed to run for office without resigning.

But that’s exactly why the opinion was sought, said City Clerk Todd Hannon, to whom the legal opinion was addressed. Hannon said the issue has been a confusing one ever since the commission voted in 2007 to insert language in a candidates’ affidavit creating new stipulations on when they must resign from city boards. He said he felt it was time for clarification.

“No one requested me to do this. It was of my own volition,” said Hannon. “It’s just good to get this all clarified now.”

Solares’ attorney and employer, Linda Carroll, rebutted the opinion Tuesday, stating that an attorney general’s opinion from 1982 refutes the city's legal opinion. If Solares doesn’t step down, it would be up to Miami commissioners to remove her, should they desire to do so, according to McNulty.

Commissioner Francis Suarez, who sits as chairman of the charter review committee, said he wants to wait and see if the attorneys can agree on what should happen before bringing the issue to the commission.

Solares was appointed to the committe by Mayor Tomas Regalado. The charter changes she is seeking include stricter term limits and provisions for a more powerful mayoral veto. 

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