Miami-Dade Legislative Item
File Number: 102600
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File Number: 102600 File Type: Resolution Status: Withdrawn
Version: 0 Reference: Control: Government Operations Committee
File Name: AMEND HOME RULE CHARTER RE: COMMISSIONER SALARY Introduced: 10/29/2010
Requester: NONE Cost: Final Action: 11/9/2010
Agenda Date: Agenda Item Number: 11A
Notes: NOTE TO CAO: ITEM FILED IN COMM. FOLDER'S Title: RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY 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 AND HOLD NO OTHER EMPLOYMENT; 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 TWO CONSECUTIVE FOUR-YEAR TERMS IN OFFICE
Indexes: SALARY
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

Government Operations Committee 11/9/2010 2J Withdrawn P
REPORT: During consideration of changes to the agenda, and pursuant to the County Manager's Memorandum of Requested Changes to the November 9, 2010 Government Operations Committee agenda, the foregoing proposed resolution was withdrawn.

County Manager 11/8/2010 Withdrawals 11/9/2010

County Attorney 10/29/2010 Referred Government Operations Committee 11/9/2010

County Attorney 10/29/2010 Assigned Oren Rosenthal

Legislative Text


TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY 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 AND HOLD NO OTHER EMPLOYMENT; 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 TWO 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:
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, [ ], 2011, 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, SERVICE AND TERM LIMITS OF COUNTY COMMISSIONERS

SHALL THE CHARTER BE AMENDED TO PROVIDE THAT COMMISSIONERS SHALL:

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

* 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 TWO 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 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<<.

>>Commencing with the elections for County Commissioner in 2012, e<<[[E]]ach 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. County Commissioners shall devote full-time service to the office of County Commissioner and hold no other employment.<<

* * *

ARTICLE-3

ELECTIONS

Section 3.01 ELECTION AND COMMENCEMENT
OF TERMS OF COUNTY
COMMISSIONERS.


* * *

>>E. Notwithstanding any other provision of this Charter, from and after the election of County Commissioners scheduled to occur in 2012, no person who has served two consecutive four-year terms as a County Commissioner shall be eligible to qualify as a candidate for, nor may be elected as, a County Commissioner for the next succeeding term.<<

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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