Miami-Dade Legislative Item
File Number: 100970
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File Number: 100970 File Type: Resolution Status: In Draft
Version: 0 Reference: Control: Government Operations Committee
File Name: CALL SPECIAL ELECTION AMEND CHARTER SALARY CHANGE TO STATE Introduced: 4/12/2010
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 11A
Notes: NOTE TO CAO: ITEM FILED IN COMMISSIONER'S FOLDER Title: RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, IN CONJUNCTION WITH A PRIMARY ELECTION TO BE HELD ON TUESDAY, AUGUST 24, 2010, 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 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 $92,097), AND USED BY OTHER FLORIDA COUNTIES, INCLUDING BROWARD COUNTY; AND SHALL SERVE NO MORE THAN THREE CONSECUTIVE FOUR-YEAR TERMS IN OFFICE
Indexes: HOME RULE CHARTER
  SPECIAL ELECTION
Sponsors: Audrey M. Edmonson, 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

Government Operations Committee 5/11/2010 2B Tabled P
REPORT: See Agenda Item 2A, Legislative File No. 100747, for the report.

Government Operations Committee 4/13/2010 2P Deferred P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed resolution into the record. The committee proceeded to defer the foregoing proposed resolution to no date certain and forward a Committee Alternate to the Board of County Commissioners. See Report for Agenda Item 2C, Legislative File No. 100747.

County Manager 4/12/2010 Additions 4/13/2010

County Attorney 4/12/2010 Referred Government Operations Committee 4/13/2010

County Attorney 4/12/2010 Assigned Oren Rosenthal

Legislative Text


TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, IN CONJUNCTION WITH A PRIMARY ELECTION TO BE HELD ON TUESDAY, AUGUST 24, 2010, 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 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 $92,097), AND USED BY OTHER FLORIDA COUNTIES, INCLUDING BROWARD COUNTY; 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 2.4 million residents and a budget in excess of $7.3 billion; and
WHEREAS, other counties in the State of Florida compensate their Commissioners at a significantly higher rate than in Miami-Dade County,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. A countywide special election, to be held in conjunction with a primary election, is hereby called and shall be held in Miami-Dade County, Florida on Tuesday, August 24, 2010, 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 TERM LIMITS OF COUNTY COMMISSIONERS

SHALL THE CHARTER BE AMENDED TO PROVIDE THAT COUNTY COMMISSIONERS SHALL 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 $92,097), USED BY OTHER FLORIDA COUNTIES, INCLUDING BROWARD COUNTY AND SHALL SERVE NO MORE THAN THREE CONSECUTIVE FOUR-YEAR TERMS IN OFFICE WITH TERMS OF OFFICE COMMENCING ON OR BEFORE 2010 EXCLUDED FROM THE TERM LIMIT CALCULATION?

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.

OTHER
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 [[of $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.<<

* * *

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 2012 and 2014, no person shall be elected as Commissioner for more than three consecutive four-year terms. No service as a Commissioner prior to 2010 for those elected in 2010 and no service as a Commissioner prior to 2012 for those elected in 2012 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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Agenda Item No.
Page No. 4


Approved Mayor Agenda Item No.
Veto __________ 5-4-10
Override __________











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