Miami-Dade Legislative Item
File Number: 110662
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File Number: 110662 File Type: Resolution Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: AMEND CHARTER PROHBIT COMMER FROM LOBBYING 2 YRS LEAVE Introduced: 3/23/2011
Requester: NONE Cost: Final Action:
Agenda Date: 3/24/2011 Agenda Item Number:
Notes: SEE AMENDED #110687 FOR FINAL VERSION AS ADOPTED. SPECIAL ITEM NO. 13 Title: RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, IN CONJUNCTION WITH A PRIMARY ELECTION TO BE HELD ON TUESDAY, [ ], 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 ELECTED COUNTY CHARTER OFFICERS SHALL BE PROHIBITED FROM LOBBYING THE COUNTY FOR COMPENSATION FOR A PERIOD OF TWO (2) YEARS AFTER LEAVING OFFICE
Indexes: CHARTER AMENDMENT
  LOBBYING
Sponsors: Sally A. Heyman, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Jose "Pepe" Diaz, Co-Prime Sponsor
  Audrey M. Edmonson, Co-Prime Sponsor
  Barbara J. Jordan, Co-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. 13 Amended
REPORT: Note: See Special Agenda Item No. 13 Amended, Legislative File No. 110687 for the amended version.

County Attorney 3/23/2011 Assigned Geri Bonzon-Keenan

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, [ ], 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 ELECTED COUNTY CHARTER OFFICERS SHALL BE PROHIBITED FROM LOBBYING THE COUNTY FOR COMPENSATION FOR A PERIOD OF TWO (2) YEARS AFTER LEAVING OFFICE

BODY
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
PROHIBITING LOBBYING FOR COMPENSATION BY ELECTED COUNTY CHARTER OFFICER AFTER
LEAVING OFFICE

SHALL THE CHARTER BE AMENDED TO PROVIDE THAT ELECTED COUNTY CHARTER OFFICERS SHALL BE PROHIBITED FROM LOBBYING THE COUNTY FOR COMPENSATION FOR A PERIOD OF TWO (2) YEARS AFTER LEAVING 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-91

GENERAL PROVISIONS

* * *

Section 9.02. [[RESERVED]] >>PROHIBITION ON LOBBYING.

A person who has been elected to any County Charter office shall not accept compensation to encourage the passage, defeat, or modification of any ordinance, resolution, or decision of the County Commission or any action, decision, or recommendation of the County Mayor, County administration, or any County official, board, committee, or instrumentality for a period of two (2) calendar years after leaving office.<<


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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