Miami-Dade Legislative Item
File Number: 073310
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File Number: 073310 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: RCSE-SALARIES, NO OTHER EMPLOYMENT, TERM LIMITS (2) Introduced: 11/6/2007
Requester: NONE Cost: Final Action:
Agenda Date: 7/18/2008 Agenda Item Number:
Notes: Spec. Item 1 (SEE 082265 FOR FINAL VERSION AS ADOPTED) Title: RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, IN CONJUNCTION WITH A GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE THAT: EACH COUNTY COMMISSIONER SHALL DEVOTE FULL-TIME SERVICE TO THE OFFICE OF COUNTY COMMISSIONER AND HOLD NO OTHER EMPLOYMENT; NO LONGER RECEIVE THEIR CURRENT $6,000 ANNUAL SALARY ESTABLISHED IN 1957, BUT RECEIVE INSTEAD THE SALARY PROVIDED BY STATE STATUTORY FORMULA, ADJUSTED ANNUALLY BASED ON THE COUNTY’S POPULATION (CURRENTLY APPROXIMATELY $91,995), AND USED BY OTHER FLORIDA COUNTIES, INCLUDING BROWARD COUNTY; AND SERVE NO MORE THAN TWO CONSECUTIVE FOUR-YEAR TERMS IN OFFICE
Indexes: CHARTER AMENDMENT
  SALARY
  SPECIAL ELECTION
Sponsors: Carlos A. Gimenez, 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 7/18/2008 SPECIAL ITEM NO. 1 Amended
REPORT: (See Special Item No. 1 Amended, Legislative File No. 082265)

Board of County Commissioners 4/3/2008 S Presented
REPORT: Hearing no objection, Items S, T, U, V and W were heard simultaneously. Commissioner Gimenez explained the intent of the foregoing proposed recommendations were to provide County Commissioners with a reasonable salary based on a State statutory formula; provide two (2) four-year term limits; and prohibit Commissioners from having outside employment. He noted the purpose of no outside employment was to have the County commissioners become full-time, dedicated County employees with no conflict of interests. Commissioner Moss noted he supported the salary and full-time employment proposals, but had concerns with term limits because he felt people often lacked motivation to do a good job when term limits were imposed. He noted he felt much reckless legislation and a lack of long-term objectives in Tallahassee were the result of term limits. He pointed out that district projects often took longer than eight years to complete, and currently, he was working on projects he began in 1993, which could not come to fruition had he not been in office. He also pointed out that Commissioners who failed to do a good job could be voted out by their constituents, and term limits created short-term objectives. Commissioner Sosa noted she supported the provisions for salary, full-time employment and prohibiting outside employment, but opposed term limits. She noted it was not easy to replace a good Commissioner, and a Commissioner learning the various processes took time. She noted she could not support extending a citizens’ petition initiative process, while limiting the Commissioners’ terms. Chairman Barreiro noted he supported Commissioners as full-time employees with no outside employment, but he absolutely did not support term limits. He expressed concern with the Commissioner’s salary tied to a State formula or the Mayor’s salary. He noted the flip side of this issue was that some legislators had served over thirty-five years in the Senate, with such control and too much power over the process. He said he felt Commissioners should be allowed to complete their district projects within a reasonable timeframe. Commissioner Sorenson noted she supported full-time employment and no outside employment, but opposed term limits because of her experiences in Tallahassee, seeing some legislatures making irresponsible decisions when they had no long-term stake in it. She noted she might support term limits if lobbyists were required term limits as well. She concurred with Commissioner Moss’ comments regarding some long-term and district projects taking a long time to come to fruition. She pointed out that this community had lost some wonderful, competent public servants due to term limits. Commissioner Heyman noted she felt that long-term commitments to policies were more significant to County operations than salaried commissioners. She also noted that full-time commissioners of other large urban counties were not prohibited from outside employment in order to attract professionals. She spoke in support of making the County commissioner a full-time, primary position, but did not support precluding outside employment. She also supported salaries based on a State statutory formula, but opposed term limits. Commissioner Gimenez noted the idea of tying the Commissioner’s salary to the Mayor’s salary intrigued him since the Board currently set the Mayor’s salary. He recommended keeping the proposal as simple as possible by either including or excluding term limits. He pointed out that the 2004 referendum failed because the voters were confused by term limits. He also pointed out that the State statutory formula for a commissioner’s salary was twice the average of most citizens’ salaries. CRTF Chairman Diaz pointed out the foregoing proposals addressed salary only, and not fringe benefits in addition to salary, which would remain as is. Commissioner Sosa noted she supported setting the commissioner’s salary by a state formula that was not tied to the Mayor’s salary. Chairman Barreiro noted he felt the Mayor’s salary should be dealt with separately, and should be set by a formula and included in the Charter.

Board of County Commissioners 11/19/2007 Special Item No. 2 No Action Taken
REPORT: See Report Under Agenda Item Special Item No. 1, Legislative File No. 073309.

Governmental Operations and Environment Committee 11/13/2007 3J Forwarded to BCC without a recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed resolution into the record and noted Commissioner Heyman requested her sponsorship of Agenda Item 3J be withdrawn. Hearing no objection, the foregoing proposed resolution was forwarded to the BCC without a recommendation.

County Attorney 11/6/2007 Referred Governmental Operations and Environment Committee 11/13/2007

County Attorney 11/6/2007 Assigned Wifredo A. Ferrer 7/9/2008

Legislative Text


TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, IN CONJUNCTION WITH A GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE THAT: EACH COUNTY COMMISSIONER SHALL DEVOTE FULL-TIME SERVICE TO THE OFFICE OF COUNTY COMMISSIONER AND HOLD NO OTHER EMPLOYMENT; NO LONGER RECEIVE THEIR CURRENT $6,000 ANNUAL SALARY ESTABLISHED IN 1957, BUT RECEIVE INSTEAD THE SALARY PROVIDED BY STATE STATUTORY FORMULA, ADJUSTED ANNUALLY BASED ON THE COUNTY�S POPULATION (CURRENTLY APPROXIMATELY $91,995), AND USED BY OTHER FLORIDA COUNTIES, INCLUDING BROWARD COUNTY; AND SERVE NO MORE THAN TWO CONSECUTIVE FOUR-YEAR TERMS IN OFFICE

BODY
WHEREAS, Miami-Dade County established an annual salary of $6,000 for County Commissioners in 1957, when the County�s Home Rule Charter was adopted; and
WHEREAS, the demands of the position of County Commissioner have grown substantially, while the salary has remained the same, and
WHEREAS, Miami-Dade County is now the most populous county in the State of Florida with a population of over 2.3 million residents and a budget in excess of $7.3 billion; and
WHEREAS, other counties in the State of Florida compensate their Commissioners pursuant to a state statutory formula based on population,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. A countywide special election, to be held in conjunction with a statewide election, is hereby called and shall be held in Miami-Dade County, Florida on Tuesday, November 4, 2008, for the purpose of submitting to the qualified electors of Miami-Dade County the proposal for amendment to the Home Rule Charter in the form attached hereto and made a part hereof.
Section 2. Notice of such election shall be published in accordance with Section 100.342, Florida Statutes.
Section 3. The result of such election shall be determined by a majority of the qualified electors of Miami-Dade County voting upon the proposal. The polls at such election shall be open from 7:00 a.m. until 7:00 p.m. on the day of such election. All qualified electors of Miami-Dade County, Florida shall be entitled to vote at said election. The County registration books shall remain open at the Office of the Miami-Dade County Supervisor of Elections until thirty (30) days prior to the date of such election, at which time the registration books will close in accordance with the provisions of general election laws. The question shall appear on the ballot in substantially the following form:
HOME RULE CHARTER AMENDMENT
RELATING TO SALARIES, SERVICE, AND TERM LIMITS OF COUNTY COMMISSIONERS

SHALL THE CHARTER BE AMENDED TO PROVIDE THAT COUNTY COMMISSIONERS SHALL:

* DEVOTE FULL-TIME SERVICE TO THE OFFICE OF COMMISSIONER AND HOLD NO OTHER EMPLOYMENT;

* NO LONGER RECEIVE THE $6,000 ANNUAL SALARY ESTABLISHED IN 1957, BUT RECEIVE INSTEAD THE SALARY PROVIDED BY STATE STATUTORY FORMULA, ADJUSTED ANNUALLY BY THE COUNTY�S POPULATION (CURRENTLY APPROXIMATELY $91,995), USED BY OTHER FLORIDA COUNTIES, INCLUDING BROWARD COUNTY; AND

* SERVE NO MORE THAN TWO CONSECUTIVE FOUR-YEAR TERMS IN OFFICE?
YES

NO

Section 4. The form of the ballot shall be in accordance with the requirements of general election laws.
Section 5. Early voting shall be conducted in accordance with the requirements of general election laws.
Section 6. Absentee paper ballots may be used by qualified electors of Miami-Dade County for voting on this question. The form of such absentee ballot shall be in accordance with the requirements prescribed by general election laws.
Section 7. A sample ballot showing the manner in which the question or proposal aforesaid will appear at this election shall be published and provided in accordance with the applicable provisions of general election laws.
Section 8. This special election on the proposal aforesaid shall be held and conducted in accordance with applicable provisions of the general laws relating to elections and the provisions of the Miami-Dade County Home Rule Charter. The County Manager, the Finance Director, the Supervisor of Elections and the Clerk of the County Commission are hereby authorized and directed to take all appropriate actions necessary to carry into effect and accomplish the provisions of this resolution. This election shall be a nonpartisan election. Election officials in connection with this election shall be appointed in accordance with the provisions of general election laws.
Section 9. This election shall be canvassed by the County Canvassing Board, in accordance with the provisions of Section 3.07 of the Home Rule Charter.

MIAMI-DADE COUNTY HOME RULE CHARTER

ARTICLE-11

BOARD OF COUNTY COMMISSIONERS

* * *

Section 1.06. SALARY >>AND SERVICE AS A COUNTY COMMISSIONER<<.

Each County Commissioner shall receive a salary [[$6,000 per year payable monthly]] >>determined pursuant to general law applicable to non-chartered counties<< and shall be entitled to be reimbursed for such reasonable and necessary expenses as may be approved by the Board. >>County Commissioners shall devote full-time service to the office of County Commissioner and hold no other employment.<<

* * *

ARTICLE-3

ELECTIONS

Section 3.01 ELECTION AND COMMENCEMENT
OF TERMS OF COUNTY
COMMISSIONERS.


* * *

>>E. Notwithstanding any other provision of this Charter, effective with the term of Commissioners scheduled to commence in 2008 and 2010, no person shall be elected as Commissioner for more than two consecutive four-year terms. No service as a Commissioner prior to 2008 for those elected in 2008 and no service as a Commissioner prior to 2010 for those elected in 2010 shall be considered a part of or counted toward the two term limit. <<

1Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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