File Number: 112193
|Printable PDF Format|
|File Number: 112193||File Type: Resolution||Status: Before the Board|
|Version: 0||Reference:||Control: Board of County Commissioners|
|Requester: NONE||Cost:||Final Action:|
|Sunset Provision: No||Effective Date:||Expiration Date:|
|Registered Lobbyist:||None Listed|
|Acting Body||Date||Agenda Item||Action||Sent To||Due Date||Returned||Pass/Fail|
|Board of County Commissioners||11/3/2011||11A30||Withdrawn|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||Assigned||Oren Rosenthal|
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 SUPERVISOR OF ELECTIONS 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
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 SUPERVISOR
OF ELECTIONS AS A CHARTER OFFICE
SHALL THE CHARTER BE AMENDED TO ESTABLISH THE OFFICE OF SUPERVISOR OF ELECTIONS 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?
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 - 5 1
ADMINISTRATIVE ORGANIZATION AND PROCEDURE
SECTION 5.01. DEPARTMENTS.
There shall be departments of finance, personnel, planning, law, >>elections<< 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.
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>>SECTION 5.09. DEPARTMENT OF ELECTIONS.
Notwithstanding any provision of Section 2.02 of this Charter, the department of elections shall be headed by a supervisor of elections 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. The supervisor of elections shall perform all of the duties and functions of the supervisor of elections as required by law and shall carry out the policies adopted by the Board of County Commissioners. The Mayor shall designate a qualified administrative officer of the County to assume the duties and authority of the supervisor of elections during periods of temporary absence or disability of the supervisor of elections, 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 supervisor of elections shall perform his or her duties independent of and without supervision from the Mayor or the Commission. The supervisor of elections may be removed 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.<<
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Section 9.01. ABOLITION OF CERTAIN OFFICES AND TRANSFER OF FUNCTIONS
A. On May 1, 1958, the following offices are hereby abolished and the powers and functions of such offices are hereby transferred to the Mayor, who shall assume all the duties and functions of these offices required under the Constitution and general laws of this state: County Tax Collector, County Surveyor, County Purchasing Agent, and County Supervisor of Registration. The Mayor may delegate to a suitable person or persons the powers and functions of [[such]] >>the<< offices >>of County Tax Collector, County Surveyor, and County Purchasing Agent. On [ ], the powers and functions of the office of the County Supervisor of Registration are transferred from the Mayor to the supervisor of elections<<.
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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