Miami-Dade Legislative Item
File Number: 110644
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File Number: 110644 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: THREE CONSECUTIVE FOUR-YEAR TERMS Introduced: 3/22/2011
Requester: NONE Cost: Final Action:
Agenda Date: 3/24/2011 Agenda Item Number:
Notes: SPECIAL ITEM NO. 3 Title: RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, [ ], 2011, 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, EFFECTIVE WITH THE COUNTY COMMISSIONER ELECTIONS IN 2012, NO PERSON ELECTED FOR MORE THAN THREE CONSECUTIVE FOUR-YEAR TERMS AS A COUNTY COMMISSIONER SHALL BE ELIGIBLE TO QUALIFY FOR, NOR SHALL BE ELECTED AS, A COUNTY COMMISSIONER FOR THE NEXT SUCCEEDING TERM WITH TERMS OF OFFICE COMMENCING BEFORE 2012 EXCLUDED FROM THE TERM LIMIT CALCULATION
Indexes: HOME RULE CHARTER
  TERM LIMITS
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

Board of County Commissioners 3/24/2011 Special Item No. 3 Withdrawn
REPORT: Vice-Chairwoman Edmonson, acting as Chairwoman relinquished the Chair to Commissioner Diaz. Commissioner Edmonson noted that she believed voters should vote on one item at a time and not on multiple items combined together. It was moved by Commissioner Edmonson that the foregoing proposed resolution be adopted. This motion was seconded by Commissioner Heyman. County Attorney Robert Cuevas noted that all Charter Amendments being considered today (3/24) did not include the election date in the body of the proposed resolutions. He said that the date for the Special Election would need to be established and that date added to any resolution adopted by the Board. Acting Chairman Diaz clarified that the election date would be established later and inserted into any adopted resolution. Commissioner Sosa noted she would not support salary, term limits, or outside employment issues being considered individually. She suggested an alternative where commissioners who already served more than four (4) years would have two (2) remaining terms and newly elected commissioners would have three (3) terms combined with a salary determined by the State Statutory formula and no outside employment. Commissioner Sosa said that any retroactive decision would be punitive. She suggested that a Straw Ballot be taken before discussing each Special Item in order to determine whether a majority of Board members supported the item, and if not, then the Board would proceed to the next agenda item. Commissioner Bell noted she supported combining individual components of items into a single item. Commissioner Jordan asked and County Attorney Cuevas confirmed that the Board was considering individual issues and a final vote would be taken later to pass the entire item as amended. He also confirmed that the election date would be included with the final vote. Commissioner Jordan noted the community had asked for commissioner salaries to be linked to term limits and suggested that Special Items No. 3 & 4 be combined and considered together. In response to Commissioner Edmonson’s question whether an item existed which combined Special Items No. 3 & 4, County Attorney Cuevas indicated that other items existed; however, they included additional requirements. Commissioner Edmonson asked that Special Items No. 3 & 4 be combined into a single item and blended into Special Item No. 16 with the following provisions: a maximum of three (3) consecutive four (4) year terms; a salary provided by State statutory formula; and the counting of terms to commence in 2012. It was moved by Commissioner Edmonson that Special Items No. 3 & 4 be withdrawn. This motion was seconded by Commissioner Heyman, and upon being put to a vote, passed by a vote of 12-0.

County Attorney 3/22/2011 Assigned Oren Rosenthal

Legislative Text


TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, [ ], 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMIDADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE THAT, EFFECTIVE WITH THE COUNTY COMMISSIONER ELECTIONS IN 2012, NO PERSON ELECTED FOR MORE THAN THREE CONSECUTIVE FOUR-YEAR TERMS AS A COUNTY COMMISSIONER SHALL BE ELIGIBLE TO QUALIFY FOR, NOR SHALL BE ELECTED AS, A COUNTY COMMISSIONER FOR THE NEXT SUCCEEDING TERM WITH TERMS OF OFFICE COMMENCING BEFORE 2012 EXCLUDED FROM THE TERM LIMIT CALCULATION

BODY
WHEREAS, Article VIII, Section 6 of the Florida Constitution provides that the electors of Miami-Dade County may impose limitations on the number of consecutive terms in office of the County Commission through the Home Rule Charter; and
WHEREAS, term limits will increase voter choice by allowing more candidates to participate in the democratic process in the County,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. A countywide special 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
ESTABLISHING PROSPECTIVE TERM LIMITS FOR COUNTY COMMISSIONERS

SHALL THE CHARTER BE AMENDED TO PROVIDE TERM LIMITS, COMMENCING WITH THE COUNTY COMMISSION ELECTIONS SCHEDULED FOR 2012, SO THAT NO PERSON WHO HAS SERVED THREE CONSECUTIVE FOUR-YEAR TERMS AS A COUNTY COMMISSIONER SHALL BE ELIGIBLE TO QUALIFY AS A CANDIDATE FOR, NOR MAY BE ELECTED AS, COUNTY COMMISSIONER FOR THE NEXT SUCCEEDING TERM WITH TERMS OF OFFICE COMMENCING BEFORE 2012 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.



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