Miami-Dade Legislative Item
File Number: 112192
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File Number: 112192 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: ESTABLISH DEPARTMENT OF POLICE AS A CHARTER DEPARTMENT Introduced: 10/20/2011
Requester: NONE Cost: Final Action:
Agenda Date: 11/3/2011 Agenda Item Number: 11A29
Notes: Title: RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, [ ], FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE CHARTER TO ESTABLISH THE OFFICE OF POLICE DIRECTOR AS A CHARTER OFFICE WITH ITS OWN DEPARTMENT WHO SHALL BE APPOINTED BY THE MAYOR FOR A SPECIFIED TERM SUBJECT TO DISAPPROVAL BY THE COMMISSION AND SUBJECT TO REMOVAL BY THE MAYOR WITH THE COMMISSION’S CONSENT, OR BY THE COMMISSION ITSELF UPON A SUPERMAJORITY VOTE, AND WHO SHALL HAVE MORE INDEPENDENCE THAN AN APPOINTED DIRECTOR CURRENTLY POSSESSES
Indexes: CHARTER
  CHARTER AMENDMENTS
  POLICE
  SPECIAL ELECTION
Sponsors: Joe A. Martinez, 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Board of County Commissioners 11/3/2011 11A29 Withdrawn
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.

County Attorney 10/20/2011 Referred Infrastructure and Land Use Committee 10/26/2011

County Attorney 10/20/2011 Assigned Oren Rosenthal

Legislative Text


TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, [ ], FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMIDADE COUNTY THE QUESTION OF WHETHER TO AMEND THE CHARTER TO ESTABLISH THE OFFICE OF POLICE DIRECTOR AS A CHARTER OFFICE WITH ITS OWN DEPARTMENT WHO SHALL BE APPOINTED BY THE MAYOR FOR A SPECIFIED TERM SUBJECT TO DISAPPROVAL BY THE COMMISSION AND SUBJECT TO REMOVAL BY THE MAYOR WITH THE COMMISSIONíS CONSENT, OR BY THE COMMISSION ITSELF UPON A SUPERMAJORITY VOTE, AND WHO SHALL HAVE MORE INDEPENDENCE THAN AN APPOINTED DIRECTOR CURRENTLY POSSESSES

BODY
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, [ ], for the purpose of submitting to the qualified electors of Miami-Dade County the proposal for amendment to the Miami-Dade County 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:
CHARTER AMENDMENT ESTABLISHING
APPOINTED INDEPENDENT POLICE DIRECTOR
AS A CHARTER OFFICE

SHALL THE CHARTER BE AMENDED TO ESTABLISH THE OFFICE OF POLICE DIRECTOR AS A CHARTER OFFICE WITH ITS OWN DEPARTMENT WHO SHALL BE APPOINTED BY THE MAYOR FOR A SPECIFIED TERM SUBJECT TO DISAPPROVAL BY THE COMMISSION AND SUBJECT TO REMOVAL BY THE MAYOR WITH THE COMMISSIONíS CONSENT, OR BY THE COMMISSION ITSELF UPON A SUPERMAJORITY VOTE, AND WHO SHALL HAVE MORE INDEPENDENCE THAN AN APPOINTED DIRECTOR CURRENTLY POSSESSES?


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 - 51

ADMINISTRATIVE ORGANIZATION AND PROCEDURE

SECTION 5.01. DEPARTMENTS.

There shall be departments of finance, personnel, planning, law, >>police<< and such other departments as may be established by administrative order of the Mayor. All administrative functions not otherwise specifically assigned to others by this Charter shall be performed under the supervision of the Mayor.

* * *

>>SECTION 5.09. DEPARTMENT OF POLICE.

Notwithstanding any provision of Section 2.02 of this Charter, the department of police shall be headed by a police director appointed by the Mayor to a renewable four-year term, unless the appointment or any re-appointment is disapproved by a two-thirds vote of those Commissioners then in office at the Commissionís next regularly scheduled meeting. As part of his or her duties, the police director shall carry out the policies adopted by the Board of County Commissioners. The Mayor shall designate a qualified law enforcement officer of the County to assume the duties and authority of the police director during periods of temporary absence or disability of the police director, unless disapproved by a two-thirds vote of the Commissioners then in office at the Commissionís next regularly scheduled meeting. Except for budgeting, funding, and emergency management matters, the police director shall perform his or her duties independent of and without supervision from the Mayor or the Commission. The police director may be removed or discharged by the Mayor, upon the consent of a majority vote of those Commissioners then in office, or by the Commission with a two-thirds vote of those Commissioners then in office.<<

* * *

ARTICLE-9

GENERAL PROVISIONS

Section 9.01. ABOLITION OF CERTAIN OFFICES AND TRANSFER OF FUNCTIONS

* * *

C. On November 9, 1966, the Office of Sheriff is hereby abolished and the powers and functions of such office are hereby transferred to the Mayor, who shall assume all the duties and functions of this office required under the Constitution and general laws of this state. [[The Mayor may delegate to a suitable person or persons the powers and functions of such office.]] >>On [ ], the powers and functions of the Office of Sheriff are transferred from the Mayor to the police director. The powers and functions transferred to the police director shall not include those which pertain to corrections and the operation of the County jails and detention facilities and the custody of the prisoners therein.<<

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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