Miami-Dade Legislative Item
File Number: 111732
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File Number: 111732 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: CREATING CHARTER REVIEW TASK FORCE Introduced: 8/22/2011
Requester: NONE Cost: Final Action:
Agenda Date: 10/18/2011 Agenda Item Number: 11A3
Notes: Title: RESOLUTION CREATING CHARTER REVIEW TASK FORCE; ESTABLISHING QUALIFICATIONS FOR MEMBERSHIP; SETTING FORTH POWERS AND RESPONSIBILITIES; EXPRESSING COMMISSION’S INTENT TO PLACE RECOMMENDATIONS OF THE TASK FORCE APPROVED BY 2/3’S VOTE OF ITS MEMBERSHIP ON THE PRESIDENTIAL ELECTION BALLOT IN 2012; ADDRESSING RELATED MATTERS; AND PROVIDING FOR A SUNSET (SEE AGENDA ITEM NUMBER 11A2)
Indexes: CHARTER REVIEW
  TASK FORCE
Sponsors: Jose "Pepe" Diaz, 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Board of County Commissioners 10/18/2011 11A3 Withdrawn
REPORT: (See report under Agenda Item 14A7; Legislative File No. 112113.)

Board of County Commissioners 10/4/2011 11A25 Deferred 10/18/2011
REPORT: County Attorney Robert Cuevas noted that a waiver of the Board of County Commissioners' Rules of Procedures would be requested.

Commission Auditor 9/22/2011 Legislative notes attached

Internal Mgmt. & Fiscal Responsibility Committee 9/13/2011 2N Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Chairwoman Bell informed Committee members that a comparison of Charter Review Task Force Agenda Items 2N, 2O, and 2P was prepared by the County Mayor’s office and was being distributed. Discussion ensued on whether Committee members wanted to consider all three items individually or simultaneously. It was moved by Commissioner Edmonson that the foregoing proposed resolution as well as Agenda Items 2O and 2P be forwarded to the Board of County Commissioners (BCC) with a favorable recommendation. This motion was seconded by Commissioner Jordan. Concerning Commissioner Diaz’ concern that if the Board decided to combine individual components of each of the three proposed resolution into one, it would result in a new resolution that must be forwarded back through the entire process, Assistant County Attorney Oren Rosenthal noted the Board could avoid creating a new resolution by amending one of the three proposals under consideration today and incorporating specific provisions from any of the other two or the Committee could create a separate shell resolution. Following further comments by Commissioner Diaz and Mr. Rosenthal regarding how to proceed, Chairwoman Bell noted she supported Mr. Rosenthal’s suggestion, particularly considering the time constraints involved in placing charter questions on the 2012 ballot. Commissioner Bovo questioned whether Chairman Martinez’ proposal (Agenda Item 2P) provided that each commissioner would serve on the Task Force or whether each commissioner would nominate a Task Force member. Chairman Martinez explained that pursuant to his proposal, no commissioner or any other elected officials would participate on the Task Force. Chairman Martinez suggested in response to Commissioner Diaz’ concern, that the Committee create a shell resolution to incorporate any additional provisions, thus eliminating the requirement to advertise the new provisions. Assistant County Attorney Rosenthal responded to Chairwoman Bell’s question about the process, noting that the Committee would instruct the County Attorney to draft a Committee Shell Charter Review Task Force resolution and incorporate the basics of all three resolutions, with a broad title to provide the Board with the flexibility to add components from each proposal as deemed appropriate. He clarified that the three existing proposed resolutions would be considered by the Commission, along with the fourth shell resolution forwarded by the Committee. It was moved by Commissioner Diaz that the County Attorney be instructed to create a shell resolution, inclusive of all components of Agenda Items 2N, 2O, and 2P, and forwarded to the County Commission with a favorable recommendation, and presented in addition to Agenda Items 2N, 2O, and 2P. Chairwoman Bell noted that a vote was required on the motion to forward the foregoing proposed resolution as well as Agenda Items 2O and 2P to the County Commission with a favorable recommendation before considering Commissioner Diaz’ motion. Hearing no further questions or comments, the Committee voted to forward the foregoing proposed resolution as well as Agenda Items 2O and 2P to the County Commission with a favorable recommendation as presented. Upon being put to a vote, the motion passed by a vote of 5-0, (Commissioner Suarez was absent). Assistant County Attorney Rosenthal clarified that Commissioner Diaz’ proposal instructed the County Attorney to draft a Committee proposal creating a shell resolution for a Charter Review Task Force that would include elements from all three proposed resolutions. It was then moved by Commissioner Diaz that the County Attorney be instructed to draft a shell resolution creating a Charter Review Task Force to include elements from the foregoing proposed resolution as well as Agenda Items 2O and 2P, and forwarded to the BCC with a favorable recommendation. This motion was seconded by Commissioner Edmonson, and upon being put to a vote, passed by a vote of 5-0, (Commissioner Suarez was absent).

County Attorney 8/22/2011 Referred Internal Mgmt. & Fiscal Responsibility Committee 9/13/2011

County Attorney 8/22/2011 Assigned Oren Rosenthal 8/22/2011

Legislative Text


TITLE
RESOLUTION CREATING CHARTER REVIEW TASK FORCE; ESTABLISHING QUALIFICATIONS FOR MEMBERSHIP; SETTING FORTH POWERS AND RESPONSIBILITIES; EXPRESSING COMMISSION’S INTENT TO PLACE RECOMMENDATIONS OF THE TASK FORCE APPROVED BY 2/3’s VOTE OF ITS MEMBERSHIP ON THE PRESIDENTIAL ELECTION BALLOT IN 2012; ADDRESSING RELATED MATTERS; AND PROVIDING FOR A SUNSET

BODY
WHEREAS, Section 9.08 of the Home Rule Charter of Miami Dade County requires this Board at least once in every five year period to review the Charter and determine whether or not there is a need for revisions of the Charter; and
WHEREAS, it has been over four (4) years since the creation of the last Charter Review Task Force created to fulfill the Board’s obligation under the Charter; and
WHEREAS, the Board would like to create a new Charter Review Task Force to consider issues of concern to the residents of Miami-Dade County including, but not limited to: term limits for County Commissioners, the composition of the Board including the potential for at-large or regional Board members; the salary of Commissioners and the Mayor; the creation of a Charter office of inspector general; the percentage of electors required to initiate a recall for district and county-wide officers; a comprehensive succession of power for vacant charter offices; and other matters that the Charter Review Task Force may deem necessary; and
WHEREAS, the creation of a new Charter Review Task Force will allow more opportunity for public input and provide for expert advice on future Charter amendments; and
WHEREAS, the National Civic League was established in 1894 to study and assist local governments in reforming their political structures to combat waste, inefficiencies, patronage and corruption and has been assisting municipalities in drafting and revising Home Rule Charters since 1898; and
WHEREAS, the Board desires to seek input from the National Civic League to identify the best practices in other local charter governments to help the Charter Review Task Force in proposing amendments to the Miami-Dade County Home Rule Charter; and
WHEREAS, Section 9.07 of the Home Rule Charter provides that amendments to the Charter may only be proposed by a resolution adopted by the Board of County Commissioners or by petition of electors; and
WHEREAS, the Board believes that potential amendments to the Home Rule Charter are of such vital importance to the County that they should be considered by the most electors possible; and
WHEREAS, the November presidential election ballot historically draws the largest voter turnout among voters in Miami-Dade County; and
WHEREAS, this Board intends to place all matters approved by a 2/3s vote of the membership of the Charter Review Task Force on the Presidential election ballot in 2012,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. There is hereby created a Charter Review Task Force which shall consist of fourteen (14) members selected by the Board of County Commissioners as follows: Each Commissioner may nominate two people from which the Board will select nine (9) Charter Review Task Force Members; the Mayor may nominate five (5) people from which the Board will select two (2) Charter Review Task Force Members; and the League of Cities may nominate five (5) people from which the Board will select three (3) Charter Review Task Force Members. The chair of the Task Force shall be selected by the Board of County Commissioners.
Section 2. Nominees for membership in the Charter Review Task Force must be registered voters in Miami-Dade County and must meet one or more of the following qualifications: attorneys with government experience; law professors; professors of public administration; Chief Executive Officers from industries designated as Miami-Dade Cluster Industries by the Beacon Council; Chief Executive Officers from non-governmental organizations, or civic minded individuals knowledgeable with issues affecting Miami-Dade County. Current elected officials, Miami-Dade County employees and persons registered as lobbyists in Miami-Dade County, or have lobbied Miami-Dade County in the preceding year, are not eligible to serve on the Charter Review Task Force.
Section 3. The Charter Review Task Force shall be staffed by the County Mayor or the County Mayor’s Designee, the County Attorney, and County Clerk and all travel expenses for invited speakers shall be reimbursed from general funds subject to the requirements of State Law.
Section 4. The Charter Review Task Force shall review the Home Rule Charter of Miami-Dade County in its entirety and shall prepare and submit to this board written recommendations setting forth any proposed amendments or revisions to the Charter. In conducting its review, the Task Force should:
a. Invite experts from the National Civic League to assist in the review of, and provide recommendations for amendments and improvements to, the Home Rule Charter.
b. Study municipal charters of similarly sized local governments to identify effective charter structures and provisions.
c. Conduct public hearings at various stages in the review process.
d. Specifically address potential amendments to the Charter regarding term limits for County Commissioners; the composition of the Board including the potential for at-large or regional Board members; the salary of Commissioners and the Mayor; the creation of a Charter office of inspector general; the percentage of electors required to initiate a recall for district and county-wide officers; and a comprehensive succession of power for vacant charter office.
Section 5. The Board hereby expresses its intent to place any to place all matters approved by a 2/3s vote of the membership of the Charter Review Task Force on the Presidential election ballot in 2012 along with any other Charter Review Task Force recommendations the Board deems in the best interest of the residents of Miami-Dade County.
Section 6. All proceedings of the Charter Review Task Force shall be conducted in accordance with the Government in the Sunshine Law (Sec. 286.011 Fla. Stats.) and the Citizens’ Bill of Rights of the Miami-Dade County Home Rule Charter. The Task Force shall be deemed an “agency” for the purposes of the Public Records Law (Sec. 119 Fla. Stats.).
Section 7. The Charter Review Task Force shall submit its final written recommendations to this Board within 180 days of the effective date of this resolution.
Section 8. The Charter Review Task Force created pursuant to the resolution shall sunset and stand dissolved on the 320th day from the effective date of this resolution.



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