Miami-Dade Legislative Item
File Number: 112113
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File Number: 112113 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: CALL SPECIAL ELECTION TO AMEND CHARTER TERM LIMITS Introduced: 10/11/2011
Requester: NONE Cost: Final Action:
Agenda Date: 11/3/2011 Agenda Item Number: 11A34
Notes: CHARTER AMENDMENT Title: RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, JANUARY 31, 2012, 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: EACH COUNTY COMMISSIONER SHALL DEVOTE FULL-TIME SERVICE TO THE OFFICE OF COUNTY COMMISSIONER AND HOLD NO OTHER EMPLOYMENT; NO LONGER RECEIVE THEIR CURRENT $6,000 ANNUAL SALARY ESTABLISHED IN 1957, BUT RECEIVE INSTEAD THE SALARY PROVIDED BY STATE STATUTORY FORMULA, ADJUSTED ANNUALLY BASED ON THE COUNTY’S POPULATION (CURRENTLY APPROXIMATELY $92,097); AND SHALL SERVE NO MORE THAN TWO CONSECUTIVE FOUR-YEAR TERMS IN OFFICE EXCLUDING TERMS OF SERVICE PRIOR TO 2012
Indexes: CHARTER REVIEW
  SPECIAL ELECTION
  TERM LIMITS
Sponsors: Rebeca Sosa, Prime Sponsor
  Lynda Bell, 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

Board of County Commissioners 11/3/2011 11A34 Amended
REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter. See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for the Amended version.

Board of County Commissioners 10/18/2011 14A7 4 Day Rule Invoked
REPORT: It was moved by Commissioner Sosa that the foregoing proposed resolution, along with Agenda Items 11A2-11A5, be deferred and brought back together with Agenda Items 14A1-14A6 at the next Board of County Commissioner’s meeting. This motion was seconded by Commissioner Bovo, followed by discussion. County Attorney Robert Cuevas questioned whether Agenda Items 11A2-11A6 had been deferred twice before. Discussion ensued among Commission members on whether another Charter Review Task Force should be created or whether recommendations from the previous Task Force should be used. Commissioner Bell spoke in opposition to the proposed deferral and recommended moving forward with the discussions today. Commissioner Heyman expressed her opposition to the deferral and noted the previous Task Force proposed 16 recommendations, which she suggested everyone read. She advised that some of those recommendations were strategically and/or administratively implemented. Commissioner Heyman noted four ballot questions were placed on the ballots as a result of the Task Force’s recommendations. She noted she supported the Commission having open dialogue on whether to create a Charter Review Task Force and opposed delaying this issue further. Commissioner Sosa withdrew her motion to defer Agenda Items 14A7 and 11A2 – 11A5. Subsequently, it was moved by Commissioner Bovo that Agenda Items 14A7 and 11A2-11A5 be deferred. This motion was seconded by Commissioner Suarez, followed by discussion. Commissioner Monestime expressed concern with the deferral of these items and requested clarification as to whether the County Commission was required to review the Charter every five years or to create a Charter Review Board every five years. County Attorney Cuevas advised that the County Commission would determine at least every five years whether to review the Charter and, if so, what process to use for that purpose. Commissioner Suarez expressed support for the deferral and recommended discussing the items and either voting them up or down. Commissioner Suarez concurred with Commissioner Bovo’s comments in support of the deferral; however, he noted he was not in support of another task force. He advised that he and Commissioner Bovo had scheduled a Sunshine Meeting for the following day (10/19). Commissioner Suarez noted timing was critical in placing issues on ballots. Chairman Martinez noted several of his colleagues had expressed opposition to creating a new task force. He noted a straw ballot would be conducted and he would withdraw the item he sponsored regarding the task force if the majority voted against having a task force. Commissioner Jordan expressed opposition to creating another task force and pointed out that it had not yet been five years since the last task force was formed. She stated the County Commission could place issues on the ballot in the interim, if desired. Following further discussion, Chairman Martinez stated that a straw ballot would be conducted among Commission members on whether to create a new Charter Review Task Force. He noted upon the majority being in opposition to crating a task force, the County Attorney would be instructed to bring back to this Board for discussion, every item proposed by the previous Task Force. The straw vote had the following results: Chairman Martinez and Commissioners Barreiro, Bell, Bovo, Diaz, Edmonson, Heyman, Jordan, Monestime, Moss, Sosa, Souto, Suarez voted No. The sponsors of Items 11A2, 11A3, 11A4, and 11A5 withdrew those items from the agenda. Commissioner Jordan invoked the 4-Day Rule upon Agenda Item 14A7. Chairman Martinez asked County Attorney Cuevas to prepare a resolution for each item recommended by the last Charter Review Task Force (CRTF) for placement on the BCC Agenda under the sponsorship of the requesting commissioner; and for items without sponsorship, under the sponsorship of the Office of the Chair; to include a copy of the CRTF meeting minutes reflecting the votes for those recommendations; and to prepare a waiver of committee rules and procedures to allow those resolutions to be placed on the agenda for a Special Meeting on a date to be determined. Commissioner Sosa asked Mr. Cuevas to also indicate in this report: which recommendations could be implemented by Legislative process rather than Charter question; which recommendations had already been integrated into the County’s daily operations; and which recommendations had previously appeared on a ballot, to include the election date and voting results. Commissioner Heyman explained that 18 items were recommended by the last CRTF, of which eight were implemented and two were placed on the ballot. She pointed out that some of the CRTF’s recommended Charter changes were simply continued as a practice within County operations.

County Mayor 10/17/2011 Additions

County Attorney 10/11/2011 Referred Infrastructure and Land Use Committee 10/26/2011

County Attorney 10/11/2011 Assigned Oren Rosenthal

Legislative Text


TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMIDADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE THAT: EACH COUNTY COMMISSIONER SHALL DEVOTE FULL-TIME SERVICE TO THE OFFICE OF COUNTY COMMISSIONER AND HOLD NO OTHER EMPLOYMENT; NO LONGER RECEIVE THEIR CURRENT $6,000 ANNUAL SALARY ESTABLISHED IN 1957, BUT RECEIVE INSTEAD THE SALARY PROVIDED BY STATE STATUTORY FORMULA, ADJUSTED ANNUALLY BASED ON THE COUNTY’S POPULATION (CURRENTLY APPROXIMATELY $92,097); AND SHALL SERVE NO MORE THAN TWO CONSECUTIVE FOUR-YEAR TERMS IN OFFICE EXCLUDING TERMS OF SERVICE PRIOR TO 2012

BODY
WHEREAS, Miami-Dade County established an annual salary of $6,000 for County Commissioners in 1957, when the County’s Home Rule Charter was adopted; and
WHEREAS, the demands of the position of County Commissioner have grown substantially, while the salary has remained the same; and
WHEREAS, Miami-Dade County is now the most populous county in the State of Florida with a population of over 2.4 million residents and a budget in excess of $7.3 billion; and
WHEREAS, other counties in the State of Florida compensate their Commissioners pursuant to a state statutory formula based on population,
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, January 31, 2012, 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:

OTHER
HOME RULE CHARTER AMENDMENT
RELATING TO SALARIES, SERVICE, AND TERM LIMITS OF COUNTY COMMISSIONERS

SHALL THE CHARTER BE AMENDED TO PROVIDE THAT COUNTY COMMISSIONERS SHALL:

* DEVOTE FULL-TIME SERVICE TO THE OFFICE OF COUNTY COMMISSIONER AND HOLD NO OTHER EMPLOYMENT;

* NO LONGER RECEIVE THE $6,000 ANNUAL SALARY ESTABLISHED IN 1957, BUT RECEIVE INSTEAD THE SALARY PROVIDED BY STATE STATUTORY FORMULA, ADJUSTED ANNUALLY BY THE COUNTY’S POPULATION (CURRENTLY APPROXIMATELY $92,097); AND

* SERVE NO MORE THAN TWO CONSECUTIVE FOUR-YEAR TERMS IN OFFICE EXCLUDING TERMS OF SERVICE PRIOR TO 2012?

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-11

BOARD OF COUNTY COMMISSIONERS

* * *

Section 1.06. SALARY >>AND SERVICE AS A COUNTY COMMISSIONER<<.

Each County Commissioner shall receive [[a]] >>an annual<< salary [[of $6,000 per year payable monthly]] >>determined pursuant to general law applicable to non-charter counties<< and shall be entitled to be reimbursed for such reasonable and necessary expenses as may be approved by the Board. >>Such salary shall be payable monthly. County Commissioners shall devote full-time service to the office of County Commissioner and hold no other employment.<<

* * *

ARTICLE-3

ELECTIONS

Section 3.01 ELECTION AND COMMENCEMENT
OF TERMS OF COUNTY
COMMISSIONERS.


* * *

>>E. Notwithstanding any other provision of this Charter, effective with the term of Commissioners scheduled to commence in 2012, no person shall be elected as Commissioner for more than two consecutive four-year terms. No service as a Commissioner prior to 2012 shall be considered a part of or counted toward the two term limit.<<

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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