Miami-Dade Legislative Item
File Number: 080975
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File Number: 080975 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: RCSE-SALARIES-3 TERMS Introduced: 4/1/2008
Requester: NONE Cost: Final Action:
Agenda Date: 7/18/2008 Agenda Item Number:
Notes: Spec. Item 5 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 PRIMARY SERVICE TO THE COMMISSION AND WORK IN NO OTHER EMPLOYMENT FOR MORE THAN 20 HOURS WEEKLY; NO LONGER RECEIVE THEIR CURRENT $6,000 ANNUAL SALARY ESTABLISHED IN 1957, BUT RECEIVE INSTEAD THE SALARY PROVIDED BY STATE FORMULA USED BY ALL OTHER FLORIDA COUNTIES, INCLUDING BROWARD, ADJUSTED ANNUALLY BY THE COUNTY’S POPULATION (CURRENTLY APPROXIMATELY $91,995); AND SHALL SERVE NO MORE THAN THREE CONSECUTIVE FOUR-YEAR TERMS IN OFFICE
Indexes: SALARY
  SPECIAL ELECTION
Sponsors: Sally A. Heyman, 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. 5 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 W Presented
REPORT: See Agenda Item S; Legislative File No. 073310 for the report.

County Attorney 4/1/2008 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 PRIMARY SERVICE TO THE COMMISSION AND WORK IN NO OTHER EMPLOYMENT FOR MORE THAN 20 HOURS WEEKLY; NO LONGER RECEIVE THEIR CURRENT $6,000 ANNUAL SALARY ESTABLISHED IN 1957, BUT RECEIVE INSTEAD THE SALARY PROVIDED BY STATE FORMULA USED BY ALL OTHER FLORIDA COUNTIES, INCLUDING BROWARD, ADJUSTED ANNUALLY BY THE COUNTY’S POPULATION (CURRENTLY APPROXIMATELY $91,995); AND SHALL SERVE NO MORE THAN THREE 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 COMMISSIONERS:

* DEVOTE PRIMARY SERVICE TO THE COMMISSION AND WORK IN NO OTHER EMPLOYMENT FOR MORE THAN 20 HOURS WEEKLY;

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

* SERVE NO MORE THAN THREE 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 [[of $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 primary service to the office of County Commissioner and work for no more than 20 hours per week in any 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 three 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 three 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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