Miami-Dade Legislative Item
File Number: 040537
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File Number: 040537 File Type: Resolution Status: Adopted
Version: 0 Reference: R-511-04 Control: County Commission
File Name: REDISTRICTING PROCESS Introduced: 2/20/2004
Requester: NONE Cost: Final Action: 4/27/2004
Agenda Date: 4/27/2004 Agenda Item Number: 10A1
Notes: Title: RESOLUTION SETTING FORTH CRITERIA AND FACTORS TO BE USED IN THE REDISTRICTING PROCESS; PROVIDING FOR A REDISTRICTING ADVISORY BOARD AND A PUBLIC HEARING PROCESS
Indexes: REDISTRICTING
Sponsors: Dr. Barbara Carey-Shuler, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 4/27/2004 10A1 Adopted P

Governmental Operations and Environment Committee 4/20/2004 3K Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Henry Gillman read the foregoing proposed resolution into the record. Discussion ensued between Commissioner Martinez and Chairperson Seijas on the intent of this proposed resolution. In response to Commissioner Martinez, Assistant County Attorney Randy Duval explained that the intent of the proposed resolution was to settle a federal lawsuit challenging the County Commission redistricting plan and to clarify the redistricting process by providing legal criteria. He stated that the proposed resolution incorporated a citizen’s advisory board into the public workshop process without undermining the powers of the Board of County Commissioners (BCC). Mr. Duval stated that the County Attorney’s Office and experts appointed by the BCC would advise the citizens' advisory board. There being no other discussion, the Committee proceeded to vote on the foregoing proposed resolution.

Board of County Commissioners 4/13/2004 10A11 Deferred Governmental Operations and Environment Committee 4/27/2004
REPORT: In response to Commissioner Heyman’s inquiry, Assistant County Attorney Randy Duval confirmed that the Board of County Commissioners maintained its authority over redistricting. Commissioner Rolle expressed concern regarding the item not being reviewed by a committee prior to coming before the full Board. Vice Chairperson Sorenson asked that the foregoing proposed resolution be deferred to the GOE Committee meeting scheduled for April 20, 2004, and then be brought back before the BCC on April 27, 2004. It was moved by Commissioner Rolle to defer the proposed foregoing resolution to the Governmental Operations and Environment Committee meeting scheduled for April 20, 2004, then to the County Commission Meeting scheduled for April 27, 2004. This motion was seconded by Commissioner Barreiro, and upon being put to a vote, passed by a vote of 9-0 (Commissioners Sosa, Morales, Martinez, and Chairperson Carey-Shuler were absent).

Board of County Commissioners 3/16/2004 10A15 Deferred 4/13/2004 P

County Attorney 2/20/2004 Assigned Robert A. Duvall 2/20/2004

Legislative Text


TITLE
RESOLUTION SETTING FORTH CRITERIA AND FACTORS TO BE USED IN THE REDISTRICTING PROCESS; PROVIDING FOR A REDISTRICTING ADVISORY BOARD AND A PUBLIC HEARING PROCESS

BODY
WHEREAS, Section 1.03(B) of the Home Rule Charter authorizes the Board of County Commissioners to redraw the County Commission election districts from time to time; and
WHEREAS, there are established legal criteria and traditional redistricting factors to be considered when redrawing election districts; and
WHEREAS, the Board desires that the public be fully informed as to the criteria and factors to be considered by the Board in the redistricting process; and
WHEREAS, the Board desires to elicit public comments through a series of public workshops and a citizens advisory board,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Redistricting Criteria and Factors. The following criteria and factors shall be considered when redrawing County Commission election districts during the decennial redistricting process:
a) One-Person, One-Vote Rule. Primary consideration shall be given to compliance with the one-person, one-vote requirement of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, as construed by United States Supreme Court decisions. The population deviation between districts shall be minimized to the extent consistent with compliance with 2 of the Voting Rights Act of 1965, as amended in 1982, 42 U.S.C.A. 1973, and the accommodation of traditional districting principles. In no event shall the population deviation between districts exceed ten percent, unless the Board of County Commissioners fully explains the necessity for doing so.
b) 2 of Voting Rights Act. The redistricting plan shall afford minority groups protected under Section 2 of the Voting Rights Act of 1965, as amended in 1982, 42 U.S.C.A. 1973, with an equal opportunity to participate in the electoral process and to elect their preferred candidates.
c) Traditional Districting Principles. While observing the one-person, one-vote rule and compliance with 2 of the Voting Rights Act, the district boundaries shall be drawn on the basis of geography and with respect for communities of interest, in accordance with the requirements of Section 1.03(B) of the Home Rule Charter. To the extent practical, the districts also should be reasonably compact, contiguous, respect political and administrative boundaries, minimize voter disruption and protect incumbent commissioners from running for election against another sitting commissioner.
Section 2. Citizens Advisory Board and Public Workshops. In the year preceding the release of the federal decennial census the County Commission shall empanel a 13-member citizens redistricting advisory board. Each Commissioner shall appoint one member to the board, who may not be a member of the County Commission. The advisory board will be advised by the redistricting expert(s) designated by the County Commission to assist the Commission in the drafting of a redistricting plan, the County Attorney's Office and such other staff as may be appointed by the County Manager.
After the initial release of the federal census data public redistricting workshops shall be commenced at various locations throughout the county to inform and elicit comments from the public concerning the redistricting process. The members of the advisory board shall be timely informed of and invited to attend all such public workshops. As appropriate to the location of the workshop, explanatory materials shall be provided in English, Spanish and/or Creole. Spanish and/or Creole interpreters also shall be available to assist members of the public.
Within twenty (20) days from the last public workshop the redistricting expert(s) shall provide the advisory board with any redistricting plan(s) (not to exceed three) and/or report(s) proposed by the expert(s) to the Commission. Within twenty (20) days from the receipt of any such plan(s) and/or report(s) the advisory board shall submit to the Commission a written report containing its recommendations and comments on each plan and/or report proposed by the expert(s). The recommendations and comments of the advisory board must be based upon the redistricting criteria and factors contained in section 1 of this resolution and must receive at least a majority vote of approval from the members of the advisory board. The written report of the advisory board should endeavor to explain the extent to which the proposed plan(s) and/or report(s) comport with the criteria and factors contained in Section 1 of this resolution.
Section 3. Adoption of Redistricting Plan by County Commission. The County Commission shall perform its political and legislative redistricting responsibilities under Section 1.03(B) of the Home Rule Charter in accordance with the criteria and factors contained in Section 1, and after giving due consideration to any proposed plans and recommendations made by the citizens advisory board pursuant to section 2 of this resolution. The County Commission shall adopt a final redistricting plan only after conducting a public hearing upon reasonable notice, including public notice advertisements in newspapers serving Hispanic and Haitian communities.
Section 4. Nothing contained herein is intended to nor shall be construed as detracting from the legislative powers and political prerogatives of the County Commission in its performance of the redistricting process.

HEADER
TO: Honorable Chairperson Barbara Carey-Shuler, Ed. D. DATE: March 16, 2004
and Members, Board of County Commissioners


FROM: Robert A. Ginsburg SUBJECT: Resolution setting
County Attorney forth criteria and
process for
redistricting
commission
election districts



The accompanying resolution was prepared and placed on the agenda at the request of Chairperson Barbara Carey-Shuler, Ed.D.

This resolution sets forth the legal criteria and traditional redistricting factors to be considered by the Board of County Commissioners when redrawing commission election districts in accordance with Section 1.03(B) of the Home Rule Charter. The resolution also provides for a series of public workshops and a citizen's advisory board to elicit public comments and recommendations prior to the Commission's redistricting decision. At the same time, it is explicitly provided that nothing in the resolution "shall be construed as detracting from the legislative powers and political prerogatives of the County Commission in its performance of the redistricting process."

Additionally, the City of North Miami recently passed a resolution stating that in the event the County passes the proposed resolution the City would dismiss the federal lawsuit challenging the current redistricting plan adopted by the County on November 15, 2001, and subsequently amended. The trial in that case is scheduled for August of this year.



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