Miami-Dade Legislative Item
File Number: 073331
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File Number: 073331 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: RCSE-SALARY; NO OTHER EMPLOYMENT Introduced: 11/9/2007
Requester: NONE Cost: Final Action:
Agenda Date: 7/18/2008 Agenda Item Number:
Notes: Spec. Item 2 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 COMMENCING ON MARCH 1, 2009 AND EACH YEAR THEREAFTER, EACH COUNTY COMMISSIONER, THEN IN OFFICE, MAY CHOOSE TO CONTINUE TO RECEIVE THEIR CURRENT $6,000 ANNUAL SALARY WITHOUT ANY PROHIBITION ON OUTSIDE EMPLOYMENT; OR CHOOSE TO DEVOTE FULL-TIME SERVICE TO THE OFFICE OF COUNTY COMMISSIONER, HOLD NO OTHER EMPLOYMENT, AND RECEIVE THE SALARY PROVIDED BY THE STATE STATUTORY FORMULA (CURRENTLY APPROXIMATELY $91,995 BUT ADJUSTED ANNUALLY BASED ON THE COUNTY’S POPULATION)
Indexes: CHARTER AMENDMENT
  SPECIAL ELECTION
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 7/18/2008 SPECIAL ITEM NO. 2 Not adopted
REPORT: There being no objection, Chairman Barreiro asked that a straw vote be taken by the Board on its support of the foregoing proposed resolution. Upon being put to a voice vote, Chairman Barreiro announced that the straw vote had failed by a majority vote of those members present. No further action was taken by the Board on the foregoing item. (Commissioners Diaz, Edmonson, Jordan and Rolle were absent).

Board of County Commissioners 4/3/2008 T Presented
REPORT: See Agenda Item S; Legislative File No. 073310 for the report.

Board of County Commissioners 11/19/2007 Special Item No. 3 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 3Q SUBSTITUTE Forwarded to BCC without a recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed resolution into the record. Hearing no objection, the foregoing proposed resolution was forwarded to the BCC without a recommendation.

County Manager 11/9/2007 Additions Governmental Operations and Environment Committee 11/13/2007

County Attorney 11/9/2007 Referred Governmental Operations and Environment Committee 11/13/2007

County Attorney 11/9/2007 Assigned Wifredo A. Ferrer 11/9/2007

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 MIAMIDADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE THAT COMMENCING ON MARCH 1, 2009 AND EACH YEAR THEREAFTER, EACH COUNTY COMMISSIONER, THEN IN OFFICE, MAY CHOOSE TO CONTINUE TO RECEIVE THEIR CURRENT $6,000 ANNUAL SALARY WITHOUT ANY PROHIBITION ON OUTSIDE EMPLOYMENT; OR CHOOSE TO DEVOTE FULL-TIME SERVICE TO THE OFFICE OF COUNTY COMMISSIONER, HOLD NO OTHER EMPLOYMENT, AND RECEIVE THE SALARY PROVIDED BY THE STATE STATUTORY FORMULA (CURRENTLY APPROXIMATELY $91,995 BUT ADJUSTED ANNUALLY BASED ON THE COUNTY’S POPULATION)

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 2.4 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 general 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 twenty-nine (29) 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 AND SERVICE OF
COUNTY COMMISSIONERS

SHALL THE CHARTER BE AMENDED TO PROVIDE THAT COMMENCING ON MARCH 1, 2009 AND EACH YEAR THEREAFTER, EACH COMMISSIONER, THEN IN OFFICE, CAN CHOOSE BETWEEN:

* CONTINUING TO RECEIVE THE CURRENT $6,000 ANNUAL SALARY WITHOUT ANY PROHIBITION ON OUTSIDE EMPLOYMENT; OR

* ELECTING TO DEVOTE FULL-TIME SERVICE TO THEIR POSITION AS COMMISSIONER, HOLD NO OTHER EMPLOYMENT, AND RECEIVE THE SALARY PROVIDED BY FLORIDA’S STATUTORY FORMULA (APPROXIMATELY $91,995 BUT ADJUSTED ANNUALLY BASED ON THE COUNTY’S POPULATION)?

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 Mayor or his or her designee, the Finance Director, 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 of $6,000 per year payable monthly>>.<< [[and]] >>Commencing on March 1, 2009 and each year thereafter, however, a County Commissioner may elect to devote full-time service to the Office of County Commissioner, hold no other employment, and receive a salary determined pursuant to general law applicable to non-charter counties for that year. If a County Commissioner’s term commences subsequent to March 1st of any year, that Commissioner shall receive the $6,000 annual salary but shall have the right to make the alternate salary election described above in this section on March 1st of the ensuing year. Each County Commissioner<< shall be entitled to be reimbursed for such reasonable and necessary expenses as may be approved by the Board.
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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