Miami-Dade Legislative Item
File Number: 073376
Printable PDF Format Download Adobe Reader  

File Number: 073376 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: RCSE - SUPERVISOR OF ELECTIONS CHARTER AMENDMENT Introduced: 11/14/2007
Requester: NONE Cost: Final Action:
Agenda Date: 7/18/2008 Agenda Item Number:
Notes: Special Item 19 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 REQUIRE APPOINTMENT OF A SUPERVISOR OF ELECTIONS AND TO PROVIDE A METHOD OF APPOINTMENT, REAPPOINTMENT AND DISMISSAL OF SUCH SUPERVISOR AND TO REQUIRE THAT, EXCEPT FOR THE PURPOSE OF TRANSMITTING CONSTITUENT INQUIRIES, BUDGETING, AND FUNDING, SUCH SUPERVISOR SHALL PERFORM HIS/HER DUTIES WITHOUT SUPERVISION AND INTERFERENCE FROM THE MAYOR OR COUNTY MANAGER
Indexes: HOME RULE CHARTER
  SPECIAL ELECTION
  SUPERVISOR OF ELECTIONS
Sponsors: Carlos A. Gimenez, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Sally A. Heyman, Co-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. 19 Motion to adopt failed
REPORT: It was moved by Commissioner Gimenez that the foregoing proposed resolution be adopted. This motion was seconded by Commissioner Heyman. Commissioners Seijas and Sosa spoke in opposition to the foregoing proposed resolution. Commissioner Gimenez spoke in support of the foregoing proposed resolution which he noted provided for checks and balances. He noted eventually a political mayor would be making political appointments and there would be no checks and balances. Chairman Barreiro said a strong mayor was elected and department directors had to be professional. He noted the County Commission still retained a certain level of power in budgeting and would learn to utilize that process even more and fine tune it to ensure that the strong Mayor did not over assert his power. Upon being put to a voice vote, Chairman Barreiro announced that the motion failed by a majority vote of those members present. (Commissioners Diaz, Edmonson, Martinez, Rolle and Jordan were absent).

Board of County Commissioners 4/3/2008 O Presented
REPORT: Commissioner Barreiro noted Items O, P, Q and R were discussed simultaneously with Item N (See Agenda Item N; Legislative File No. 073379 for the report).

Board of County Commissioners 11/19/2007 Special Item No. 4 No Action Taken
REPORT: See Report Under Agenda Item Special Item No. 1, Legislative File No. 073309.

County Attorney 11/14/2007 Assigned Monica Rizo 7/9/2008

Governmental Operations and Environment Committee 11/13/2007 3L AMENDED Forwarded to BCC without recommendation with committee amendments P
REPORT: The foregoing proposed resolution was read into the record by Assistant County Attorney Geri Bonzon-Keenan. Assistant County Attorney Monica Rizo noted scrivener’s errors existing within the title; within the ballot question; and within Article-21 of the foregoing resolution that should be corrected as follows: Line 6 in the title of the final resolution shall read as follows: “…Home Rule Charter to require appointment of a Supervisor of Elections and …” Additionally, Ms. Rizo noted the word “constituent” should be inserted in the third bullet point of the ballot question and the language shall read as follows: *EXCEPT FOR CONSTITUENT INQUIRIES, BUDGETING, AND FUNDING, SHALL PERFORM HIS/HER DUTIES WITHOUT SUPERVISION OR INTERFERENCE FROM THE MAYOR OR MANAGER? The language contained with the first line of Article -21, Section 2.02, D, first paragraph, shall read as follows: “Notwithstanding any other provisions if this Charter, the Mayor shall appoint a Supervisor of Elections, who shall have the powers and functions of the Supervisor of Registration or Elections. Such person shall be appointed to a renewable four-year term…” Hearing no objection, the foregoing proposed resolution was forwarded to the BCC without a recommendation, with amendments as stated by Assistant County Attorney Rizo.

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 REQUIRE APPOINTMENT OF A SUPERVISOR OF ELECTIONS AND TO PROVIDE A METHOD OF APPOINTMENT, REAPPOINTMENT AND DISMISSAL OF SUCH SUPERVISOR AND TO REQUIRE THAT, EXCEPT FOR THE PURPOSE OF TRANSMITTING CONSTITUENT INQUIRIES, BUDGETING, AND FUNDING, SUCH SUPERVISOR SHALL PERFORM HIS/HER DUTIES WITHOUT SUPERVISION AND INTERFERENCE FROM THE MAYOR OR COUNTY MANAGER

BODY
WHEREAS, on November 6, 2007, the Miami-Dade County Home Rule Charter Task Force submitted its initial recommendations to the Board of County Commissioners (“Board”); and
WHEREAS, those initial recommendations advised that the County’s Supervisor of Elections should remain an appointed position, albeit one with a four-year renewable term, with other requirements and restrictions; and
WHEREAS, among those requirements and restrictions were that the Board, by a two-thirds vote, could disapprove the Mayor’s initial four-year term appointment and any subsequent renewals of the Supervisor of Elections, and the Board could, by a two-thirds vote, dismiss the Supervisor of Elections at any time, as could the Mayor with a majority vote of the Board; and
WHEREAS, another restriction was that, except for the purposes of transmitting constituent inquiries, budgeting, and funding, the Mayor would be prohibited from supervising and interfering with the performance of the official duties of the Supervisor of Elections,

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 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 APPOINTMENT, DISMISSAL, AND INDEPENDENCE OF THE SUPERVISOR OF ELECTIONS

SHALL THE CHARTER BE AMENDED TO PROVIDE THAT THE SUPERVISOR OF ELECTIONS:

* BE APPOINTED BY THE MAYOR TO A RENEWABLE FOUR-YEAR TERM, UNLESS DISAPPROVED BY A TWO-THIRDS VOTE OF COMMISSIONERS;

*
CAN BE DISMISSED FROM OFFICE BY THE MAYOR WITH A MAJORITY VOTE OF COMMISSIONERS, OR BY A TWO-THIRDS VOTE OF COMMISSIONERS;

* EXCEPT FOR CONSTITUENT INQUIRIES, BUDGETING, AND FUNDING, SHALL PERFORM HIS/HER DUTIES WITHOUT SUPERVISION OR INTERFERENCE FROM THE MAYOR OR MANAGER?


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-21


MAYOR

* * *

Section 2.02. RESPONSIBILITIES OF THE MAYOR

The Mayor shall serve as head of the county government with the following specific powers and responsibilities:

* * *

>>D. Notwithstanding any other provisions of this Charter, the Mayor shall appoint a Supervisor of Elections, who shall have the powers and functions of the Supervisor of Registration or Elections. Such person shall be appointed to a renewable four-year term, unless the appointment or any renewal is disapproved by a two-thirds vote of those Commissioners then in office at the Commission’s next regularly scheduled meeting. The Supervisor of Elections can be dismissed by the Mayor, with the consent of a majority vote of those Commissioners then in office, or by the Commission with a two-thirds vote of those Commissioners then in office. Except for the purpose of transmitting constituent inquiries, budgeting, and funding, the Supervisor of Elections shall perform his or her duties without supervision or interference from the Mayor or the County Manager.<<

[[D]] >>E.<< Unless otherwise provided by this Charter, the Mayor shall have the power to appoint all department directors of the administrative departments of the County. Appointment of these department directors shall become effective unless disapproved by a two-thirds majority of those Commissioners then in office at the Commission’s next regularly scheduled meeting. The Mayor shall also have the right to suspend, reprimand, remove, or discharge any administrative director, with or without cause.

[[E]] >>F.<< The Mayor shall within ten days of final adoption by the Commission, have veto authority over any legislative, quasi-judicial, zoning, master plan or land use decision of the Commission, including the budget or any particular component contained therein which was approved by the Commission; provided, however, that (1) if any revenue item is vetoed, an expenditure item in the same or greater dollar amount must also be vetoed and (2) the Mayor may not veto the selection of the chairperson or vice-chairperson of the commission, the enactment of commission committee rules, the formation of commission committees, or the appointment of members to commission committees. The Commission may at its next regularly scheduled meeting after the veto occurs, override that veto by a two-thirds vote of the Commissioners present.

[[F]] >>G.<< The Mayor shall prepare and deliver a report on the state of the county to the people of the county between November 1 and January 31 annually. Such report shall be prepared after consultation with the Commissioners and the Manager.

[[G]] >>H.<< The Mayor shall prepare and deliver a budgetary address annually to the people of the county in March. Such address shall be prepared after consulting with the Manager and budget director and shall set forth the Mayor's funding priorities for the County.

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.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site © 2014 Miami-Dade County.
All rights reserved.