Miami-Dade Legislative Item
File Number: 110691
   Clerk's Official Copy   

File Number: 110691 File Type: Resolution Status: Adopted
Version: 0 Reference: R-216-11 Control: Board of County Commissioners
File Name: AMEND HOME RULE CHARTER CREATION 5 YEARS OF CHARTER REVIEW Introduced: 3/25/2011
Requester: NONE Cost: Final Action: 3/24/2011
Agenda Date: 3/24/2011 Agenda Item Number:
Notes: SPECIAL ITEM NO. 14 - THIS IS FINAL VERSION AS ADOPTED; ALSO SEE 110663 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: FOR THE CREATION OF A CHARTER REVIEW TASK FORCE WHO SHALL MEET ON PRESIDENTIAL ELECTION YEARS TO PROPOSE CHARTER REVISIONS; TO PROHIBIT AN ELECTED COUNTY CHARTER OFFICER FROM SERVING AS A MEMBER OF THE TASK FORCE; TO SUBMIT THOSE REVISIONS APPROVED BY A TWO-THIRDS MAJORITY OF THE TASK FORCE DIRECTLY TO THE ELECTORATE ON THE SAME BALLOT AS THE PRESIDENTIAL GENERAL ELECTION; AND TO SUBMIT THOSE REVISIONS APPROVED BY A MAJORITY OF THE TASK FORCE DIRECTLY TO THE COUNTY COMMISSION FOR ITS CONSIDERATION AT ITS NEXT REGULARLY SCHEDULED MEETING [SEE ORIGINAL ITEM UNDER FILE NO. 110663]
Indexes: HOME RULE CHARTER
Sponsors: Sally A. Heyman, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Jean Monestime, Co-Sponsor
  Rebeca Sosa, 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 No. 14 Amended Adopted as amended P
REPORT: Commissioner Heyman recommended that the Charter revision process be memorialized in the County Charter to occur every five (5) years and to prohibit any elected County Charter officer from serving as a member of the Charter Review Task Force. She noted she would like to see items approved by the Charter Review Committee, by a supermajority vote, be placed on the ballot of the next regularly scheduled election, and other items would be forwarded to the Board of County Commissioners for further dialogue. Chairman Martinez relinquished the Chair to Vice-Chairwoman Edmonson. Commissioner Moss noted he supported Commissioner Heyman’s proposal that items approved by a supermajority or even a full majority be placed on the ballot and items approved by a simple majority would then be considered by the Board. He noted this would provide the Charter Review Committee a vehicle to place items on the ballot while giving the Board the opportunity to review other issues. In response to Commissioner Gimenez’ question, Commissioner Moss responded that a full majority was a unanimous vote. Commissioner Gimenez noted he would withdraw Special Item No. 7 inasmuch as Commissioner Heyman’s recommendation was more closely aligned to the Charter Review Committee’s recommendation. He asked Commissioner Heyman to accept an amendment that a Charter review be conducted every four (4) years and that Charter questions be placed on the Presidential election ballot. Commissioner Gimenez said he supported placing the decision of the supermajority of Charter Review Committee members on the ballot. Commissioner Heyman accepted Commissioner Gimenez’ friendly amendments to place Charter questions on the ballot every four (4) years when the largest number of voters went to the polls and to convene the Charter Review Committee every four (4) years. Commissioner Diaz noted the number of votes should depend upon the size of the Charter Review Committee inasmuch as a small committee should require a unanimous vote and a larger committed should require a 2/3 vote. Commissioner Heyman suggested that any elected County Charter officer could not appoint his/herself to the Charter Review Committee. Commissioner Diaz noted support for the four (4) year cycle coinciding with Presidential elections. Commissioner Barreiro noted the County Charter was a sacred document and was not something that was changed every four (4) years. He said that revisiting the Charter added uncertainty which could be considered unfavorably by County investors. Commissioner Barreiro also noted concern about placing Charter questions on the General Presidential election ballot after the Board decided that a Special Election be held. Commissioner Heyman noted that although she had reservations about a ten (10) year cycle, she believed that the Charter Review Committee should have the autonomy to revisit issues more frequently. County Attorney Cuevas noted the proposed resolution was being approved subject to the inclusion of an election date to be decided upon later in the meeting. Assistant County Attorney Oren Rosenthal read the ballot question. Commissioner Heyman clarified that the Charter Review Task force consisted of 21 members; 13 from the Board of County Commissioners, 1 from the Mayor, 4 from the largest four cities in Miami-Dade County, and 3 from the League of Cities to represent all the smaller cities, pursuant to Resolution No. R-462-07. It was moved by Commissioner Heyman that the foregoing proposed resolution be adopted as amended to create a Charter Review Task Force that will meet on Presidential election years to propose Charter revisions; and submit those revisions on the same ballot as Presidential elections. This motion was seconded by Commissioner Gimenez, and upon being put to a vote, passed by a vote of 12-0. Chairman Martinez resumed the Chair. 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: FOR THE CREATION OF A CHARTER REVIEW TASK FORCE WHO SHALL MEET ON PRESIDENTIAL ELECTION YEARS TO PROPOSE CHARTER REVISIONS; TO PROHIBIT AN ELECTED COUNTY CHARTER OFFICER FROM SERVING AS A MEMBER OF THE TASK FORCE; TO SUBMIT THOSE REVISIONS APPROVED BY A TWO-THIRDS MAJORITY OF THE TASK FORCE DIRECTLY TO THE ELECTORATE ON THE SAME BALLOT AS THE PRESIDENTIAL GENERAL ELECTION; AND TO SUBMIT THOSE REVISIONS APPROVED BY A MAJORITY OF THE TASK FORCE DIRECTLY TO THE COUNTY COMMISSION FOR ITS CONSIDERATION AT ITS NEXT REGULARLY SCHEDULED MEETING

BODY

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, 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
RELATING TO CREATION, APPOINTMENT AND
POWER OF CHARTER REVIEW TASK FORCE

SHALL THE CHARTER BE AMENDED TO PROVIDE FOR CREATION OF A CHARTER REVIEW TASK FORCE WHO SHALL MEET ON PRESIDENTIAL ELECTION YEARS TO PROPOSE CHARTER REVISIONS; TO PROHIBIT ELECTED COUNTY CHARTER OFFICER FROM SERVING AS MEMBER OF THE TASK FORCE; AND TO SUBMIT THOSE REVISIONS APPROVED BY TWO-THIRDS MAJORITY OF THE TASK FORCE DIRECTLY TO THE ELECTORATE ON THE SAME BALLOT AS THE PRESIDENTIAL ELECTIONS?

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-9 1

GENERAL PROVISIONS

* * *

Section 9.08. REVISIONS.

[[At least once in every 5 year period the Board shall review the Charter and determine whether or not there is a need for revision. If the Board determines that a revision is needed, it shall establish a procedure for the preparation of a proposed revision of the Charter]] >>Commencing in 2012 and every four years thereafter, the Board shall convene a Charter Review Task Force for the purpose of considering and preparing proposed revisions to the Charter. The Board shall provide, by ordinance, the qualifications, method of appointment, and terms and conditions of appointment and removal of members and membership to the Task Force; provided, however, any elected County Charter officer shall be prohibited from serving as a member of the Task Force. The Board shall place on the presidential general election ballot any proposed Charter revisions that are approved by a two-thirds vote of the Charter Review Task Force members present<<. [[The]] >>Any<< proposed revision >>that is approved by a simple majority vote of the Charter Review Task Force members present<< shall then be presented to the Board for review, modification and approval >>at the Board’s next regularly scheduled meeting and as approved<< [[. If the Board approves such proposed revision, either with or without modification, it]] shall [[present such proposed revision]] >>be presented<< to the electorate >>at the next presidential general election ballot<<[[in accordance with the provisions of Section 9.07(C) and (D)]]. Simultaneous elections may be held on [[a]] >>such<< proposed revision>>s<< and on >>any<< [[individual]] amendments that >>the Board may propose pursuant to section 9.07(C)<< [[are proposed]]. >>The result of all elections on charter amendments shall be determined by a majority of electors voting on the proposed amendment.<<

1 Words 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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