Martinez v. Hernandez
227 So. 3d 1257
| Fla. Dist. Ct. App. | 2017Background
- Julio J. Martinez sued to bar Hialeah Mayor Carlos Hernandez from qualifying for the Nov. 7, 2017 mayoral election, arguing the City Charter’s two-consecutive-term limit already had been met.
- Hernandez first became mayor in May 2011 by succession after the prior mayor resigned; he filled the unexpired term and then won a special election (Nov. 15, 2011) to finish that term.
- Hernandez was elected to a full four-year mayoral term in the November 2013 general election.
- The City Charter provides mayors are elected to four-year terms, and “No person shall be elected to serve as mayor for more than 2 consecutive terms on and after November 13, 1997.”
- Martinez’s position: the partial unexpired term counts as one of the two consecutive terms, so Hernandez would be ineligible to run again in 2017. The City’s position: a partial unexpired term is not a full “term” for purposes of the two-term limit.
- Trial court granted judgment on the pleadings for the City; the appellate court affirmed, concluding the ordinance’s plain language and applicable interpretive rules support Hernandez’s eligibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a partial unexpired mayoral term counts as a “term” under the Charter’s two-consecutive-term limit | Martinez: The partial term that Hernandez served after succeeding a resigning mayor counts as one of the two consecutive terms, making him ineligible to run in 2017 | City/Hernandez: Charter contemplates four-year terms; a successor’s partial unexpired term is not a full “term” for term-limit counting | The court held a partial unexpired term does not count as a full term for purposes of the two-term limitation; Hernandez may qualify to run |
| Proper statutory/charter interpretation standard | Martinez: (implicit) plain reading supports counting prior service | City: plain meaning and construction favor treating only full four-year elections as terms | Court applied plain-meaning statutory rules and ruled in favor of City |
| Canon favoring candidate qualification doubts | Martinez: disfavored here because he reads the text to disqualify Hernandez | City: any ambiguity should be resolved in favor of candidate qualification | Court applied the canon resolving doubts in favor of candidate eligibility |
| Whether state statute requires voter referendum to change term-limit effect | Martinez: Section 166.021(4) prevents City from effectively altering term-limit effect without voter approval | City: charter language is already clear; no referendum required to implement plain meaning | Court rejected Martinez’s referendum argument, finding no amendment necessary |
Key Cases Cited
- Walker v. Figarola, 59 So. 3d 188 (Fla. 3d DCA 2011) (standard of review for judgment on the pleadings is de novo)
- Kuvin v. City of Coral Gables, 62 So. 3d 625 (Fla. 3d DCA 2010) (charter/ordinance interpretation reviewed de novo)
- Spence-Jones v. Dunn, 118 So. 3d 261 (Fla. 3d DCA 2013) (apply rules of statutory construction to municipal charters)
- GTC, Inc. v. Edgar, 967 So. 2d 781 (Fla. 2007) (clear and unambiguous statutory language controls)
- Ervin v. Collins, 85 So. 2d 852 (Fla. 1956) (special-election service filling unexpired term does not render successor ineligible for a full term)
- Vieira v. Slaughter, 318 So. 2d 490 (Fla. 1st DCA 1975) (transitional partial term plus a full term did not count as a term under charter term limits)
- Ruiz v. Farias, 43 So. 3d 124 (Fla. 3d DCA 2010) (resolve doubts about candidate qualifications in favor of the candidate)
- Wright v. City of Miami Gardens, 200 So. 3d 765 (Fla. 2016) (right to be a candidate is valuable; ineligibility must be expressly provided by law)