Legislative Matter

Miami-Dade Legislative Item
File Number: 070850

Printable PDF Format

Clerk's Official Copy

File Number: 070850

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-462-07

Control: County Commission

File Name: CHARTER REVIEW TASK FORCE

Introduced: 3/16/2007

Requester: NONE

Cost:

Final Action: 4/24/2007

Agenda Date: 4/24/2007

Agenda Item Number: 11A38

Notes:

Title:

RESOLUTION CREATING CHARTER REVIEW TASK FORCE [SEE ORIGINAL ITEM UNDER FILE NO. 070527]

Indexes:	TASK FORCE
	CHARTER REVIEW

Sponsors:

Jose "Pepe" Diaz, 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	4/24/2007	11A38	Adopted				P

Board of County Commissioners	3/20/2007	14A10	4 Day Rule Invoked

County Attorney	3/16/2007		Assigned	Murray A. Greenberg

County Manager	3/16/2007		Additions		3/20/2007

Governmental Operations and Environment Committee	3/13/2007	3H AMENDED	Forwarded to the BCC by the BCC Chairperson with favorable recommendation with committee amendments				P
REPORT:	Hearing no objection, the foregoing resolution was heard in conjunction with Agenda Item 3I. Regarding Agenda Item 3H, Assistant County Attorney Armstrong-Coffey noted a scrivener’s error existed in the first line of this resolution and should be corrected to reflect “Section 9.08” of the Home Rule Charter versus “Section 8.08.” Commissioner Diaz asked that this resolution be amended to increase the number of days given for the Charter Review Task Force to submit their findings and recommendations; and to provide that town hall meetings be conducted in every Commission District during the review process. Commissioner Diaz suggested the proposed Charter revision be placed on the ballot of an upcoming election to save costs. He also suggested a Charter Review Committee be created every five years to revisit the Charter. Regarding Agenda Item 3I, Commissioner Diaz noted the intent of this resolution was to ensure that the process was extremely transparent in determining whether the Property Appraiser, the Tax Collector, the Sheriff and the Elections Supervisor should be elected. Commissioner Gimenez concurred that a Charter Review Task Force was needed to review the Charter in its entirety. He noted he had concerns with this ordinance because it appeared to focus on the County and needed to include representation from various cities, the Chamber of Commerce, universities and others, as proposed by Commissioner Sorenson. He questioned whether this should be placed on the 2008 Ballot or whether the County should take advantage of a potential statewide election in 2007. Assistant County Attorney Armstrong-Coffey noted the Charter provides that an election on proposed charter amendments shall be held not less than 60 days or more than 120 days after the Board adopted the proposed resolution. Mr. Lester Sola, Supervisor of Elections, noted this election could be scheduled simultaneously with the elections already scheduled by three large cities in November 2007. He also noted it was rumored that the State would hold a special election to deal with property taxes between August and November 2007, and that the presidential primary would be scheduled between January and March 2008. Chairwoman Seijas noted that if the Task Force were given 120 days to submit their recommendations, it would allow this resolution to be presented to the BCC in September 2007, or at least 60 days before the January election. She noted she participated on the last Charter Review Task Force, which was not represented by everyone. Chairwoman Seijas suggested that former County Manager Merritt Steirheim and other experts be appointed to participate as Task Force members. Following discussion, Commissioner Gimenez asked that this resolution be amended to include additional representation from the four largest cities to be nominated by the Commission and from three smaller cities to be nominated by the League of Cities. In response to Commissioner Diaz’ question regarding the election dates, Mr. Sola noted the proposed Charter language would need to be approved and provided to the Elections Department no less than 60 days before the election date in order to appear on the ballot; and the election would have to be called 60 to 120 days following the date the proposed resolution was adopted by the Board. Following further discussion, the foregoing resolution was forwarded to the County Commission with a favorable recommendation, with committee amendment(s) to include the following provisions: the Charter Review Task Force shall consist of 21 members, to include the original 14-member panel proposed plus 4 representatives from the largest cities to be selected by the Commission and 3 representatives from the small cities to be selected by the League of Cities; that the nominated representatives shall be from the elected official body of that city; that the Task Force shall submit its final report of recommendations to the Board within 180 days of the effective date of this resolution; and to reflect that town hall meetings be conducted in every commission district.” Chairwoman Seijas requested staff prepare the appropriate memorandum requesting that Chairman Barreiro waive the Committee rules and procedures and allow the foregoing resolution to be forwarded to the March 20th BCC meeting for consideration.

Legislative Text

TITLE
RESOLUTION CREATING CHARTER REVIEW TASK FORCE

BODY
WHEREAS, Section 9.08 of the Home Rule Charter of Miami-Dade County requires this Board at least once in every five year period to review the Charter and determine whether or not there is a need for revision of the Charter; and
WHEREAS, it has been at least five years from the last review of the Charter and this Board wishes to fulfill its obligation under the Charter,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. There is hereby created a Charter Review Task Force which shall consist of 21 members, fourteen of whom shall consist of each County Commissioner and the Mayor, or their respective designees, four of whom shall be selected by each of the four largest cities in Miami-Dade County, and three of whom shall be selected by the League of Cities to represent smaller cities in Miami-Dade County. The chair of the Task Force shall be selected by the chair of the Board of County Commissioners.
Section 2. The Task Force shall reflect racial, ethnic, and gender balance and diversity.
Section 3. The Task Force shall be staffed by the County Manager, County Attorney, and County Clerk.
Section 4. The Task Force shall review the Home Rule Charter of Miami-Dade County in its entirety and shall prepare and submit to this Board written recommendations setting forth any proposed amendments or revisions to the Charter. In conducting its review, the Task Force should:
a. Study the Final Report of the last Charter Review Task Force, dated July 10, 2001.

b. Invite knowledgeable members of the community to appear and make recommendations.

c. Conduct public hearings at various stages in the review process.
Section 5 . All proceedings of the Charter Review Task Force shall be conducted in accordance with the Government in the Sunshine Law (Sec. 286.011 Fla. Stats.) and the Citizens' Bill of Rights of the Miami-Dade County Home Rule Charter. The Task Force shall be deemed an "agency" for the purposes of the Public Records Law (Sec.119 Fla. Stats.).
Section 6. The Task Force shall submit its written recommendations to this Board within 180 days of the effective date of this resolution.