Miami-Dade Legislative Item
File Number: 112265
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File Number: 112265 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: OFFICE OF POLICE DIRECTOR AS AN ELECTED CHARTER OFFICIAL Introduced: 10/25/2011
Requester: NONE Cost: Final Action:
Agenda Date: 11/3/2011 Agenda Item Number: 11A20
Notes: Title: RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, [ ], 2012, 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 AN ELECTED CHARTER OFFICIAL RESPONSIBLE FOR POLICE AND CORRECTIONS FUNCTIONS WHO HAS MORE INDEPENDENCE THAN CURRENT ADMINISTRATIVE DIRECTORS AND WHO MAY BE RECALLED BY VOTERS, INSTEAD OF THE MAYOR BEING RESPONSIBLE FOR PERFORMING SUCH FUNCTIONS THROUGH DEPARTMENT DIRECTORS THE MAYOR APPOINTS, SUBJECT TO DISAPPROVAL BY THE COMMISSION, AND SUSPENSION, REPRIMAND, REMOVAL OR DISCHARGE AT THE SOLE DISCRETION OF THE MAYOR
Indexes: CHARTER AMENDMENTS
  POLICE
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 11/3/2011 11A20 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. Commissioner Diaz noted the Sheriff and Elections Supervisor positions throughout the State were elected positions, with the exception of Miami-Dade County and noted the voters should have the right to decide who holds these positions. He said that having an elected Sheriff would make the incumbent accountable and provide a balance of power. Commissioner Diaz indicated that he was sponsoring the following proposed resolutions: 1) an elected Police Director responsible for police and corrections functions; 2) an elected Police Director responsible for police functions; and 3) an elected Public Safety Director responsible for police, corrections, and fire and rescue functions. He also noted the Supervisor of Elections should be totally independent and not controlled by County Administration or any other elected officials. Mayor Carlos Gimenez stated that some degree of separation and independence was necessary to eliminate the Mayor’s excessive influence over the Police Department, as recommended by the Task Force. Mayor Gimenez noted the Task Force members recommended giving both the Mayor and the Commission some authority over the Police Department so that in the event the Commission believed the Mayor was overstepping his authority with the Police Department, or the Police Chief was doing the Mayor’s bidding, the Commission could dismiss the Police Chief and the Mayor could only dismiss the Police Chief with the acquiescence of the Commission. He noted a firewall was needed between the Mayor and Police Chief so that the Mayor could not abuse his/her power over the Police Department; likewise a separation was needed between the Mayor and the Supervisor of Elections to maintain an adequate balance of power between the Mayor and the Commission’s Chairperson. Commissioner Diaz noted he was a Strong Mayor in the City of Sweetwater and he had the final decision-making authority over the Police Chief, even though he seldom exercised that authority. He noted he understood the separation of authority in that department; however, he questioned the separation of authority in the Elections Department. Mayor Gimenez noted the Task Force members’ recommendations were specific in terms of separations and what the Mayor’s powers would be in relation to the Police Chief and the Supervisor of Elections if the recommendations were adopted by the Commission. Chairman Martinez clarified that these powers were set forth in Task Force Recommendation No. 1. He pointed out that despite the provisions of that recommendation, the Police Chief or the Elections Supervisor would do whatever he/she was told to do by his/her boss. Mayor Gimenez said that the Task Force recommended a clear separation of authority to be added to the Charter which went beyond hiring and firing. County Attorney Robert Cuevas noted the provisions of the recommendation did not include budget, funding, and emergency management matters. He further noted the Police Director shall perform his/her duties independent of and without supervision from the Mayor or the Commission. Commissioner Sosa noted Agenda Item 11A29 was the exact recommendation of the Task Force and should be considered to address these concerns. She also questioned whether Agenda Item 11A31 related to procurement issues could be accommodated by ordinance. Chairman Martinez responded that he was currently working on appropriate legislation to present Agenda Item 11A31 as an ordinance. Commissioner Sosa indicated that she wanted to co-sponsor Agenda Item 11A31 when it was presented as an ordinance. Chairman Martinez clarified that he sponsored all Task Force recommendations that were not otherwise sponsored by a commissioner in order for all recommendations to be considered by the Commission. He noted that Task Force Recommendation No. 1 was for the Public Safety Director to remain an appointed position; however, included additional safeguards. In response to Commissioner Sosa’s inquiry as to whether each Task Force Recommendation would be addressed today, Chairman Martinez asked whether any of his colleagues wanted any other proposal(s) to appear on the January 2012 ballot, other than term limits and the petition initiative. Commissioner Bovo asked whether drafted ordinances could be presented directly to the County Commission and waived from being heard by committee. County Attorney Cuevas explained that the normal process was for ordinances to be presented to the County Commission for first reading; and assigned to committee once adopted. He noted an ordinance could be presented to the Commission for public hearing and second reading. Chairman Martinez noted the item(s) would need to be waived by the Infrastructure and Land Use Committee (ILUC) Chairperson and the County Commission Chairperson to be placed on a Commission Agenda. He said he would sign the memorandum to waive the Board’s Rules of Procedure to allow the proposed ordinances to be heard by the County Commission, rather than by committee. Commissioner Edmonson noted, as the ILUC Chairperson, she would also sign the appropriate memorandum requesting that the Commission Chairperson waive the Board’s Rules of Procedure. County Attorney Cuevas noted the item(s) were needed by the Elections Department by December 2, 2011 in order to be placed on the January 31, 2012 ballot, in the event that the proposed ordinances were not approved by the Commission. Chairman Martinez clarified that Commissioner Bovo did not want to lose the opportunity to place item(s) on the January 31, 2012 ballot. He, therefore, requested the County Attorney to ensure that appropriate ordinance legislation was expeditiously prepared. County Attorney Cuevas indicated that Commissioner Bovo’s request could not be accommodated since November 15, 2011 was the only scheduled County Commission meeting prior to the December 2, 2011 Elections Department deadline. Chairman Martinez recommended that the County Attorney draft legislation and present that legislation for first reading on November 15, 2011 and for public hearing and second reading on December 2, 2011. County Attorney Cuevas clarified that the next County Commission meeting was on December 6, 2011, and not December 2, 2011, and that a minimum of two meetings were needed to adopt an ordinance. Commissioner Moss questioned whether the item(s) could be placed on the ballot as a Charter Amendment and then subsequently removed from the ballot if the proposed ordinance(s) was approved by the Commission. Assistant County Attorney Oren Rosenthal deferred this question to the Elections Department due to the time required to print ballots. Ms. Penelope Townsley, Supervisor of Elections, informed Commissioner Moss that December 2, 2011 was the final date to submit item(s) for the January 31, 2012 ballot. Chairman Martinez suggested that the first reading be held at the November 15, 2011 County Commission meeting and that a Special Board of County Commissioners Meeting be held on November 30, 2011 immediately preceeding or following the rescheduled Comprehensive Development Master Plan (CDMP) meeting to further consider these items. County Attorney Cuevas noted he agreed that Chairman Martinez’ proposed solution could be accommodated. He indicated that he would prepare the call and sufficient signatures would be required for the Special Meeting and that the call would be limited to only address specific issues. Commissioner Sosa noted this was an important vote and certain commissioners had previously indicated they would not be present at the CDMP meeting. She questioned whether these item(s) could possibly be approved and placed on the ballot and then removed if approved at the Special Meeting. County Attorney Cuevas responded that it would depend upon the deadline required by the Supervisor of Elections to print ballots. Commissioner Sosa questioned whether there was sufficient time to exclude these item(s) from the January 31, 2012 ballot if they were approved by the County Commission on November 30, 2011. Ms Townsley responded that the approved item(s) were needed by December 2, 2011 since ballots would be sent to press on December 3, 2011. Commissioner Sosa said she preferred to consider these item(s) today to prevent any unforeseen circumstances later. Assistant County Attorney Rosenthal advised that Agenda Item(s) 11A13 (Task Force Recommendation No. 18); 11A17 (Task Force Recommendations No’s. 12, 13, & 18); and 11A19 (Task Force Recommendation No. 10) would be considered. Chairman Martinez noted that adopting Agenda Item 11A17 and placing that Item on the ballot would be contrary to accomplishing the same result through an ordinance. Commissioner Bovo asked Commissioner Sosa to clarify her thoughts pertaining to not considering these item(s) as an ordinance and placing them on the ballot. Commissioner Sosa responded that it was her preference that the items presented at today’s meeting be placed on the ballot. Commissioner Bovo noted that there would be no need to consider these item(s) by ordinance later if placed on the ballot. Commissioner Sosa reiterated her concern that a quorum might not be obtained at a November 30, 2011 meeting. Commissioner Bovo said he would prefer that Agenda Items 11A13 and 11A19 be placed on the January 31, 2012 ballot and to consider Item 11A17 by ordinance. He noted he preferred the voters had the opportunity to voice their opinion on the first two items. It was moved by Commissioner Bovo that the foregoing proposed resolutions (Agenda Items 11A13 and 11A19) be adopted. This motion was seconded by Commissioner Heyman. Chairman Martinez urged Commission members to read Article 9. In response to Chairman Martinez’ question about Agenda Item 11A13, County Attorney Cuevas noted this Item provided exclusive requirements in the Charter pertaining to petition gathering and signatures and it repealed all existing ordinances and resolutions governing the process. He noted Ordinance 12-23 provided a form for the petition, the process for certification, and the process for disqualification of signatures. Responding to Chairman Martinez’ question about what Agenda Item 11A13 would change, Assistant County Attorney Rosenthal explained that it would eliminate the one signature per page requirement; eliminate the signature revocation process; remove the penalty for individuals who signed more than one petition or who signed the name of another individual; and remove the requirement that the voter’s precinct number be included on the petition. Commissioner Bovo noted he believed the Commission specifically addressed the petition and font size when it considered Agenda Item 11A14. He said that the intention of this proposal was to make it less cumbersome for people to initiate and sign petitions. Chairman Martinez clarified that Agenda Item 11A14 only extended the number of days to gather signatures from 60 to 120 and required that Charter Amendments be placed on the ballot of the next General Election. He noted no other provisions were included in this item. Chairman Martinez reiterated his previous recommendation that Agenda Item 11A13 be considered by ordinance at a Special Meeting to be held on November 30, 2011 so that the Commission could engage in further debate. Commissioner Heyman withdrew her second on the foregoing proposed resolutions. Commissioner Sosa inquired whether the proposed Charter Amendment provided any punishment in connection with collecting signatures in violation of the law. Assistant County Attorney Rosenthal responded that the proposed Amendment would repeal every provision included in Ordinance 12-23 and that only State of Florida law would apply. This motion was subsequently seconded for discussion by Commissioner Sosa, who noted she did not want to promote absentee ballot fraud with her vote and that the issue should be resolved today. Commissioner Diaz clarified that he supported the increased time frame to collect signatures from 60 to 120 days and for Charter reform to be presented at the General Election; however, the language contained within the foregoing proposed resolution would remove all exiting provisions designed to provide citizens with more information about what they were signing. He noted if the proposal under consideration encouraged fraud, he would not support it. Commissioner Bovo read the language contained within the proposed resolution and questioned whether these provisions opened the door to fraud and deception by people collecting signatures. Assistant County Attorney Rosenthal advised that passing the proposed Charter Amendment would remove portions of Ordinance 12-23 regarding signature revocation provisions, criminal penalties, and other regulations, as previously identified. Commissioner Bovo withdrew the foregoing proposed resolutions. Following the withdrawal, Chairman Martinez encouraged Commissioner Bovo to present a revised ordinance to the County Commission for further consideration. Commissioner Diaz noted he would cooperate with Commissioner Bovo and suggested that a Sunshine Meeting be scheduled to discuss the issue. Commissioner Souto referred to a previous instance where signatures were fraudulently obtained in the City of Hialeah. County Attorney Cuevas explained that criminal charges were filed in 2006 or 2007 by the Miami-Dade County State Attorney and individuals were subsequently convicted for wrongful petition gathering practices. Commissioner Souto noted the protections enacted by the County Commission were initiated in response to this case and encouraged the Commission to proceed cautiously in this sensitive matter. County Attorney Cuevas noted for the record that many Charter Amendment Items before the Board today, for which committee review was waived, had not been acted upon. He questioned whether the Commission would take action on these items or whether they would be deferred to no date certain. County Attorney Cuevas reminded the Board that the deadline to place any item on the January 31, 2012 election ballot was December 2, 2011. Chairman Martinez suggested that those Agenda Items be deferred to no date certain. County Attorney Cuevas noted Commissioner Bell withdrew Agenda Items 11A34 Alternate No. 1 and 11A34 Alternate No. 2; and Commissioner Suarez withdrew Item 11A35; Chairman Martinez noted Commissioner Bovo withdrew Agenda Item 11A13. Chairman Martinez withdrew Agenda Items 11A29, 11A30, 11A31, 11A32, and 11A33. Commissioner Heyman withdrew Agenda Items 11A25 and 11A26. Commissioner Barreiro asked that Agenda Item 11A12 be deferred to no date certain. Commissioner Suarez asked that Agenda Item 11A35 be changed from “withdrawn” to “deferred to no date certain”. Commissioner Monestime requested that Agenda Item No. 11A32 relating to incorporation be considered on November 16, 2011. Chairman Martinez indicated that he had previously withdrawn this Item and suggested that it be considered by ordinance later. County Attorney Cuevas noted all proposed Charter Amendment proposals were deferred to no date certain with the exception of those that were withdrawn. Commissioner Bovo noted he had previously made two motions on Agenda Item 11A19 and asked for clarification on whether issues pertaining to the six public hearing requirements were already addressed by Commissioner Souto. Chairman Martinez noted the proposal contained the language “public meetings”; however, this language needed to be changed through ordinance to read “public hearings.” County Attorney Cuevas explained that staff conducted a public meeting and that the proposal called for the County Commission to conduct a public hearing at the time the item was set for election. County Attorney Cuevas noted staff did not normally conduct public hearings and it would be a change for staff to conduct these hearings. Chairman Martinez noted the public was required to speak at a public hearing, but not at a public meeting. He said that six public hearings were required to be scheduled throughout the County and questioned whether staff could be instructed to solicit public input at a public meeting. County Attorney Cuevas confirmed that staff could obtain public input at public meetings, and noted, in that case, the Item would need to be amended. Chairman Martinez asked County Attorney Cuevas to meet with Commissioner Bovo to craft proposed legislation requiring that the County Commission schedule public meetings to solicit public input and feedback on proposed changes to the Home Rule Charter.

County Attorney 10/25/2011 Referred Infrastructure and Land Use Committee 10/26/2011

County Attorney 10/25/2011 Assigned Cynthia Johnson-Stacks 10/25/2011

Legislative Text


TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, [ ], 2012, 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 AN ELECTED CHARTER OFFICIAL RESPONSIBLE FOR POLICE AND CORRECTIONS FUNCTIONS WHO HAS MORE INDEPENDENCE THAN CURRENT ADMINISTRATIVE DIRECTORS AND WHO MAY BE RECALLED BY VOTERS, INSTEAD OF THE MAYOR BEING RESPONSIBLE FOR PERFORMING SUCH FUNCTIONS THROUGH DEPARTMENT DIRECTORS THE MAYOR APPOINTS, SUBJECT TO DISAPPROVAL BY THE COMMISSION, AND SUSPENSION, REPRIMAND, REMOVAL OR DISCHARGE AT THE SOLE DISCRETION OF THE MAYOR

BODY
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. A countywide special election is hereby called and shall be held in MiamiDade County, Florida on Tuesday, [ ], 2012, 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
POLICE DIRECTOR AS AN ELECTED CHARTER OFFICIAL WITH POLICE AND CORRECTIONS FUNCTIONS


SHALL THE CHARTER BE AMENDED TO ESTABLISH THE OFFICE OF POLICE DIRECTOR AS AN ELECTED CHARTER OFFICIAL RESPONSIBLE FOR POLICE AND CORRECTIONS FUNCTIONS WHO HAS MORE INDEPENDENCE THAN CURRENT ADMINISTRATIVE DIRECTORS AND WHO MAY BE RECALLED BY VOTERS, INSTEAD OF THE MAYOR BEING RESPONSIBLE FOR PERFORMING SUCH FUNCTIONS THROUGH DEPARTMENT DIRECTORS THE MAYOR APPOINTS, SUBJECT TO DISAPPROVAL BY THE COMMISSION, AND SUSPENSION, REPRIMAND, REMOVAL OR DISCHARGE AT THE SOLE DISCRETION OF THE MAYOR?

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 – 31

ELECTIONS


SECTION 3.01. ELECTION AND COMMENCEMENT OF TERMS OF COUNTY COMMISSIONERS >>, THE MAYOR AND POLICE DIRECTOR<<.

A. The election of the Commissioners from even-numbered districts shall be held in 1994 and every four years thereafter and the election of Commissioners from odd-numbered districts shall be held in 1996 and every four years thereafter at the time of the state primary elections. >>Notwithstanding any provision of Section 2.02 of this Charter, the Police Director, who shall be the Office of Police Director, shall be elected, commencing with the countywide election to be held at the same time as the state primary election in 2012 and every four years thereafter.<<

B. A candidate must receive a majority of the votes cast to be elected. [[Effective with the election for County Commission in 2004, if]] >>If<< no candidate receives a majority of the votes cast there will be a runoff election at the time of the general election following the state primary election between the two candidates receiving the highest number of votes. Should a tie result, the outcome shall be determined by lot.

C. Except as otherwise provided in this Charter, [[beginning with the elections in 2004]], the terms of office of the Mayor [[and]] >>,<< County Commissioners >>and Police Director<< shall commence on the second Tuesday next succeeding the date of the general election in November.

D. Notwithstanding any other provision of this Charter, effective with the term of Mayor scheduled to commence in October, 1996, no person shall be elected as Mayor for more than two consecutive four-year terms. Neither service as Mayor or County Commissioner prior to the terms scheduled to commence in October, 1996, nor service of a partial term subsequent to October, 1996, shall be considered in applying the term limitation provisions of this section.

SECTION 3.02. RESERVED.

SECTION 3.03. NONPARTISAN ELECTIONS.

All elections for Mayor >>County Commissioners, and Police Director<< [[and the other members of the Board]] shall be nonpartisan and no ballot shall show the party designation of any candidate. No candidate shall be required to pay any party assessment or state the party of which he is a member or the manner in which he voted or will vote in any election.

SECTION 3.04. QUALIFICATIONS AND FILING FEE.

A. All candidates for the office of Mayor [[or]] >>,<< County Commissioner >>or Police Director<< shall qualify with the Clerk of the Circuit Court no earlier than the 84th day and no later than noon on the 70th day prior to the date of the election at which he is a candidate in the method provided by law or ordinance, and shall pay a filing fee of $300. All filing fees shall be paid into the general funds of the county.

B. Notwithstanding the foregoing, a person who seeks to qualify as a candidate for the office of Mayor [[or]] >>,<< County Commissioner >>or Police Director<< and who meets the petition requirements of this section is not required to pay the filing fee required by this section or any other qualifying fee required by the state (collectively the “Qualifying Fee”). A candidate who seeks to qualify without paying the Qualifying Fee must obtain the number of signatures of voters in the geographical area represented by the office sought equal to at least 1 percent of the total number of registered voters of that geographical area, as shown by the compilation by the Supervisor of Elections for the immediately preceding general election. Signatures may not be obtained until the candidate has filed the appointment of campaign treasurer and designation of campaign depository pursuant to state law. The format of the petition shall be prescribed by the Supervisor of Elections and shall be used by candidates to reproduce petitions for circulation. Each petition must be submitted before noon of the 28th day preceding the first day of the qualifying period for the office sought to the Supervisor of Elections. The Supervisor shall check the signatures on the petitions to verify their status as voters in the geographical area represented by the office sought. No later than the 7th day before the first day of the qualifying period, the Supervisor of Elections shall certify the number of valid signatures. The Supervisor of Elections shall determine whether the required number of signatures has been obtained and shall notify the candidate. If the required number of signatures has been obtained, the candidate shall be eligible to qualify pursuant to this section without paying the Qualifying Fee.

* * *

ARTICLE -- 5

ADMINISTRATIVE ORGANIZATION AND PROCEDURE

SECTION 5.01. DEPARTMENTS.

There shall be departments of finance, personnel, planning, law, 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. OFFICE OF POLICE DIRECTOR.



A. Commencing in 2012, there shall be an Office of Police Director headed by an elected Police Director, as provided in the Charter.

B. The Office of Police Director shall carry out the policies of the Board of County Commissioners and powers and duties as transferred and assigned by Section 9.01(C) of this Charter. Except for budgeting, funding, and emergency management matters, the Police Director, as well as persons working under his or her supervision, shall perform their duties and powers without supervision or interference from the Mayor or the Commission. Notwithstanding any provision herein, the Mayor and Commissioners shall be permitted to communicate and make inquiries of the Police Director or employees of the Office of Police Director for the purpose of transmitting constituent inquiries or assisting the Mayor or Commissioners in exercising their powers as set forth in this Charter.

C. All other matters necessary or advisable for the functioning of the Office of Police Director shall be established by ordinance of the Board of County Commissioners.<<

* * *

ARTICLE-8

INITIATIVE, REFERENDUM AND RECALL

* * *

SECTION 8.02. RECALL.

Any member of the Board of County Commissioners, the Mayor, the Property Appraiser, [[the Sheriff or Constable]] >>or the Police Director<< maybe removed from office by the electors of the county, district, or municipality by which he was chosen. The procedure on a recall petition shall be identical with that for an initiatory or referendary petition, except that:

1. The Clerk of the Circuit Court shall approve the form of the petition.

2. The person or persons circulating the petition must obtain signatures of electors of the county, district, or municipality concerned in numbers at least equal to four percent of the registered voters in the county district or municipality on the day on which the petition is approved, according to the official records of the County Supervisor of Elections.

3. The signed petition shall be filed with and canvassed and certified by the Clerk of the Circuit Court.

4. The Board of County Commissioners must provide for a recall election not less than 45 nor more than 90 days after the certification of the petition.

5. The question of recall shall be placed on the ballot in a manner that will give the elector a clear choice for or against the recall. The result shall be determined by a majority vote of the electors voting on the question.

6. If the majority is against recall the officer shall continue in office under the terms of his previous election. If the majority is for recall he shall, regardless of any defect in the recall petition, be deemed removed from office immediately.

7. No recall petition against such an officer shall be certified within one year after he takes office nor within one year after a recall petition against him is defeated.

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.]] >>As of November 2012, upon the election of the Police Director, the powers and functions of the Office of Sheriff are transferred from the Mayor to the Office of Police Director. The powers and functions transferred to the Office of Police Director pursuant to this paragraph shall 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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