Miami-Dade Legislative Item
File Number: 112132
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File Number: 112132 File Type: Resolution Status: In Draft
Version: 0 Reference: Control: Board of County Commissioners
File Name: CALL SPECIAL ELECTION TO AMEND CHARTER EMPLOYMENT & SALARY Introduced: 10/12/2011
Requester: NONE Cost: Final Action:
Agenda Date: 11/3/2011 Agenda Item Number: 11A12
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 COMMISSIONERS 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 BE SUBJECT TO TERM LIMITS SO THAT NO PERSON WHO HAS SERVED THREE CONSECUTIVE FOUR-YEAR TERMS AS A COMMISSIONER SHALL BE ELIGIBLE TO QUALIFY AS A CANDIDATE FOR, NOR MAY BE ELECTED AS, COMMISSIONER FOR THE NEXT SUCCEEDING TERM EXCEPT THAT CURRENT COMMISSIONERS WHO WOULD BE TERM LIMITED IN 2012 OR 2014 SHALL BE ELIGIBLE TO QUALIFY FOR, AND BE ELECTED AS, A COMMISSIONER FOR ONE MORE TERM
Indexes: CHARTER AMENDMENT
  SALARY
  SPECIAL ELECTION
Sponsors: Bruno A. Barreiro, 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 11/3/2011 11A12 Deferred
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 11A20, Legislative File No. 112265 for additional comments relating to the foregoing proposed resolution.

Infrastructure and Land Use Committee 10/26/2011 2A Forwarded to the full BCC by the BCC Chairman as requested P
REPORT: Chairwoman Edmonson submitted a memorandum dated October 25, 2011, requesting that BCC Chairman Martinez waive the Board’s rules and allow this proposed resolution to be forwarded for consideration at the November 3, 2011 County Commission meeting.

County Attorney 10/12/2011 Referred Infrastructure and Land Use Committee 10/26/2011

County Attorney 10/12/2011 Assigned Oren Rosenthal 11/11/2011

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 COMMISSIONERS 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 BE SUBJECT TO TERM LIMITS SO THAT NO PERSON WHO HAS SERVED THREE CONSECUTIVE FOUR-YEAR TERMS AS A COMMISSIONER SHALL BE ELIGIBLE TO QUALIFY AS A CANDIDATE FOR, NOR MAY BE ELECTED AS, COMMISSIONER FOR THE NEXT SUCCEEDING TERM EXCEPT THAT CURRENT COMMISSIONERS WHO WOULD BE TERM LIMITED IN 2012 OR 2014 SHALL BE ELIGIBLE TO QUALIFY FOR, AND BE ELECTED AS, A COMMISSIONER FOR ONE MORE TERM

BODY
WHEREAS, Article VIII, Section 6 of the Florida Constitution provides that the electors of Miami-Dade County may impose limitations on the number of consecutive terms in office of the County Commission through the Home Rule Charter; and
WHEREAS, term limits will increase voter choice by allowing more candidates to participate in the democratic process in the County,
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, 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:
HOME RULE CHARTER AMENDMENT
ESTABLISHING TERM LIMITS FOR COUNTY COMMISSIONERS AND REVISING SALARY

SHALL THE CHARTER BE AMENDED SO THAT COMMISSIONERS:

WHO HAVE SERVED THREE CONSECUTIVE FOUR-YEAR TERMS SHALL NOT BE ELIGIBLE TO QUALIFY FOR, OR BE ELECTED AS, A COMMISSIONER FOR THE NEXT SUCCEEDING TERM EXCEPT THAT CURRENT TERM-LIMITED COMMISSIONERS MAY SERVE ONE ADDITIONAL TERM;

SHALL DEVOTE FULL TIME TO THE OFFICE OF COMMISSIONER AND HOLD NO OTHER OUTSIDE EMPLOYMENT; AND

HAVE THEIR CURRENT $6,000 SALARY REPLACED WITH STATE SALARY FORMULA AND ADJUSTED ANNUALLY (CURRENTLY APPROXIMATELY $92,097)?

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-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

OTHER

ELECTIONS

Section 3.01 ELECTION AND COMMENCEMENT
OF TERMS OF COUNTY
COMMISSIONERS.


* * *

>>E. No person who has served three consecutive four-year terms as a County Commissioner shall be eligible to qualify as a candidate for, nor may be elected as, a County Commissioner for the next succeeding term. Notwithstanding the forgoing, County Commissioners who are, as of January 1, 2012, in their third consecutive four-year term or who have already served three consecutive four-year terms shall be eligible to qualify as a candidate for, and may be elected to, one additional consecutive four-year term.<<

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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Agenda Item No.
Page No. 4


Approved Mayor Agenda Item No.
Veto __________ 11-3-11
Override __________











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