Legislative Matter

Miami-Dade Legislative Item
File Number: 110687

Clerk's Official Copy

File Number: 110687

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-215-11

Control: Board of County Commissioners

File Name: PROHIBITED FROM LOBBYING THE COUNTY FOR 2YRS

Introduced: 3/25/2011

Requester: NONE

Cost:

Final Action: 3/24/2011

Agenda Date: 3/24/2011

Agenda Item Number:

Notes:

THIS IS THE 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, MAY 24, 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 ELECTED COUNTY CHARTER OFFICERS SHALL BE PROHIBITED FROM LOBBYING THE COUNTY FOR COMPENSATION FOR A PERIOD OF TWO (2) YEARS AFTER LEAVING OFFICE [SEE ORIGINAL ITEM UNDER FILE NO. 110662]

Indexes:

SPECIAL ELECTION

Sponsors:	Sally A. Heyman, Prime Sponsor
	Lynda Bell, Co-Sponsor
	Jose "Pepe" Diaz, Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Barbara J. Jordan, Co-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	3/25/2011		Assigned	Geri Bonzon-Keenan

Board of County Commissioners	3/24/2011	Special Item 13 Amended	Adopted as amended				P
REPORT:	It was moved by Commissioner Gimenez that that County Commissioners or Mayor be prohibited from lobbying the County for a period of five (5) years after leaving office. This motion was seconded by Commissioner Sosa. Commissioner Heyman noted that all elected Charter officials should be held to a two (2) year standard. She said that the State and other legislative bodies utilized a two (2) year prohibition. Commissioner Heyman noted that the prohibition should apply to everybody if raised to a five (5) year period. Commissioner Gimenez accepted the five (5) year prohibition for all elected Charter officers. In response to Chairman Martinez’ inquiry, County Attorney Robert Cuevas clarified that it would apply to the County Mayor, County Commissioners, and the Property Appraiser. He also confirmed that other elected officials and County employees were limited to two (2) years. Commissioner Heyman clarified that the Commission would be held to a higher standard unless the requirement applied to everybody and that she was recommending a two (2) year prohibition included in the Charter. There being no further questions or comments, the Board proceeded to vote on the foregoing resolution as amended to prohibit all elected Charter officers from lobbying the County for a period of five (5) years after leaving office, and upon being put to a vote failed. Commissioner Gimenez noted that although he preferred a longer time period, he would vote in favor of this proposed resolution in order to include the provision in the County Charter. County Attorney Cuevas noted the proposed resolution that elected County Charter officers shall be prohibited from lobbying the County for a period of two (2) years after leaving office was being approved subject to the inclusion of an election date to be decided upon later in the meeting. There being no further questions or comments, the Board proceeded to vote on the foregoing resolution as amended to include the election date to be decided upon later in the meeting. Later in the meeting, it was moved by Commissioner Sosa that the Special Election on the proposed Charter Amendment be held on May 24, 2011. This motion was seconded by Commissioner Heyman, and upon being put to a vote, passed by a vote of 12-0.

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, MAY 24, 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 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, May 24, 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 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.

OTHER
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.