Legislative Matter

Miami-Dade Legislative Item
File Number: 082265

File Number: 082265

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-873-08

Control:

File Name: RCSE-SALARIES, NO OTHER EMPLOYMENT

Introduced: 7/23/2008

Requester: NONE

Cost:

Final Action: 7/18/2008

Agenda Date: 7/18/2008

Agenda Item Number:

Notes:

AMENDED Special Item No. 1 (THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 073310)

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; HOLD NO OTHER EMPLOYMENT; AND 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 [SEE ORIGINAL ITEM UNDER FILE NO. 073310]

Indexes:	SPECIAL ELECTION
	SALARY
	CHARTER AMENDMENT

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

County Attorney	7/23/2008		Assigned	Wifredo A. Ferrer		7/23/2008

Board of County Commissioners	7/18/2008	SPECIAL ITEM NO. 1 AMENDED	Adopted as amended				P
REPORT:	Commissioner Martinez suggested the County Commission proceed to vote on the Charter amendments proposed by the Charter Review Task Force. Commissioner Moss said he felt more members of the County Commission should be present to discuss the proposed Charter amendments. Commissioner Sosa said she was supportive of salaries with no outside employment, however, she did not believe this was the proper time to place the salary question on the ballot. Commissioner Sosa indicated she would support this item in future elections. She noted she was not supportive of term limits because she felt term limits were established by the public through their vote. Commissioner Heyman said she felt the salary question was always timely regardless of the economy, and she pointed out that Miami-Dade County was the only county that did not have a state formula. She noted she was opposed to proposals 1, 2 and 3 outlined in the matrix (Special Item No. 23), especially the proposal with two consecutive four-year terms. Commissioner Heyman spoke in support of proposal 5 which she sponsored, which included three consecutive four-year terms and did not exclude outside employment. She noted she felt excluding outside employment would have a chilling effect on professionals and people who wanted to work. Commissioner Gimenez said he supported the foregoing proposed resolution because the ballot question must be simple and concrete. He noted the County Commission had no say over the state formula. Commissioner Gimenez said the Commission could decide to delete the provision that County Commissioners serve no more than two consecutive four-year terms in office, but he felt the first two principles were necessary. In response to Commissioner Souto’s inquiry, County Attorney Cuevas noted a Charter amendment would be required to adjust commissioners’ salaries. Commissioner Sorenson said when lobbyists were term-limited she would support term limits. She spoke in support of a salary by state formula and full-time service as County Commissioner; however, she noted she would not campaign for the salary issue. In response to Commissioner Seijas’ inquiry regarding the relationship between salaries and terms of office for elected commissioners, Chairman Barreiro said he felt the relationship added a certain level of comfort for voter approval. He noted he felt 8 or 12 years in office was a short timeframe and the term in office should be 16 years. Commissioner Seijas said she would not campaign either and agreed with Commissioner Sorenson that it would be self serving. She noted she felt individually commissioners had the respect of their community but had not delivered the right message. Commissioner Seijas said the message should come from organizations within the private sector that were served by the County. She noted she felt commissioners should be dedicated to the County Commission; however, she would not support term limits. There being no objection, Chairman Barreiro asked that a straw vote be taken by the County Commission 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. (Commissioners Diaz, Edmonson, Jordan and Rolle were absent). Pursuant to the request of Commissioner Gimenez, sponsor, the County Commission by motion duly made, seconded and carried, voted to adopt the foregoing proposed resolution as amended to delete the provision that County Commissioners serve no more than two consecutive four-year terms in office.

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: EACH COUNTY COMMISSIONER SHALL DEVOTE FULL-TIME SERVICE TO THE OFFICE OF COUNTY COMMISSIONER; HOLD NO OTHER EMPLOYMENT; AND 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

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 COUNTY COMMISSIONERS SHALL:

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

* 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?

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

* * *

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.