Miami-Dade Legislative Item
File Number: 120259
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File Number: 120259 File Type: Resolution Status: Amended
Version: 0 Reference: Control: County Commission
File Name: CREATING A CHARTER REVIEW TASK FORCE Introduced: 2/8/2012
Requester: NONE Cost: Final Action:
Agenda Date: 3/8/2012 Agenda Item Number:
Notes: SPECIAL ITEM NO.1. SEE 120480 FOR FINAL VERSION AS ADOPTED. Title: RESOLUTION CREATING A CHARTER REVIEW TASK FORCE; SETTING FORTH POWERS AND RESPONSIBILITIES OF SUCH TASK FORCE; REQUIRING A REPORT; EXPRESSING COUNTY COMMISSION’S INTENT TO FORWARD ANY RECOMMENDATION OF THE TASK FORCE APPROVED BY A 2/3’S VOTE OF ITS MEMBERSHIP FOR PLACEMENT ON BALLOT AT THE NEXT GENERAL ELECTION; ADDRESSING RELATED MATTERS; AND PROVIDING FOR SUNSET
Indexes: CHARTER
  CHARTER REVIEW
  TASK FORCE
Sponsors: Sally A. Heyman, 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 3/8/2012 Special Item 1 Amended
REPORT: (SEE AGENDA ITEM SPECIAL ITEM NO. 1 AMENDED, LEGISLATIVE FILE NUMBER 120480.)

County Attorney 2/8/2012 Referred Infrastructure and Land Use Committee

County Attorney 2/8/2012 Assigned Oren Rosenthal 2/14/2012

Legislative Text


TITLE
RESOLUTION CREATING A CHARTER REVIEW TASK FORCE; SETTING FORTH POWERS AND RESPONSIBILITIES OF SUCH TASK FORCE; REQUIRING A REPORT; EXPRESSING COUNTY COMMISSION’S INTENT TO FORWARD ANY RECOMMENDATION OF THE TASK FORCE APPROVED BY A 2/3’S VOTE OF ITS MEMBERSHIP FOR PLACEMENT ON BALLOT AT THE NEXT GENERAL ELECTION; ADDRESSING RELATED MATTERS; AND PROVIDING FOR SUNSET

BODY
WHEREAS, Section 9.07 of the Home Rule Charter provides that amendments to the Charter may only be proposed by a resolution adopted by the Board of County Commissioners or by petition of electors as set forth in the Charter; and
WHEREAS, Section 9.08 of the Home Rule Charter of Miami Dade County (the “Charter”) requires this Board of County Commissioners (the “Board”) at least once in every five year period to review the Charter and determine whether or not there is a need for revisions of the Charter; and
WHEREAS, over four (4) years ago, the Board created the most recent Charter Review Task Force to review the Charter and advise the Board of any recommended amendments or revisions; and
WHEREAS, there may be a need to amend the Charter to address pressing issues; and
WHEREAS, the creation of a Charter Review Task Force will allow more opportunity for public input and focused study of possible amendments to the Charter; and
WHEREAS, this Board should forward any proposal of the Charter Review Task Force, which is approved by 2/3’s vote of the membership of such Task Force for placement on the General Election ballot; and
WHEREAS, there is a countywide General Election currently scheduled to take place on November 6, 2012,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. There is hereby created a Charter Review Task Force which shall consist of twenty (20) members, thirteen (13) of which shall be appointed by each County Commissioner, one (1) by the Mayor of Miami-Dade County, four (4) by each of the four largest cities in Miami-Dade County, and two (2) by the League of Cities to represent smaller cities in Miami-Dade County. Appointments shall be made by submission of a memorandum to the Clerk of the Board of Miami-Dade County by each official or entity authorized to make such appointment within fifteen (15) days of adoption of this Resolution. The Chairperson of the Task Force shall be selected by the members of the Task Force.
Section 2. The Charter Review Task Force shall reflect racial, ethnic, and gender balance and diversity and its members shall be electors of Miami-Dade County.
Section 3. The Charter Review Task Force shall be staffed by the County Mayor or the County Mayor’s Designee, the County Attorney, and County Clerk.
Section 4. The Charter Review Task Force shall review the Home Rule Charter of Miami-Dade County in its entirety and shall prepare and submit to this board written recommendations setting forth any proposed amendments or revisions to the Charter. In conducting its review, the Task Force should:
a. Study the Final Report of the last Charter Review Task force;
b. Study all proposed charter amendments submitted to the voters since the last Charter Review Task Force issued its recommendations;
c. Invite knowledgeable members of the community to appear and make recommendations.
d. Conduct public hearings at various stages in the review process.
e. Conduct regional public meetings (for example, in North, South, Central Miami-Dade County) to convey recommendations of the Charter Review Task Force to persons in attendance and receive any additional comments from the public regarding recommendations. The Task force shall reconvene to consider any public comments prior to submission of a final report to the Board of County Commissioners recommending charter amendment proposals and placement of such proposals on the General Election ballot. These regional public meetings shall be in addition to meetings which are to be conducted in accordance with the Code of Miami-Dade County, Florida. Nothing herein would prohibit the Task Force from conducting by electronic means any such regional public meetings required by this paragraph.
Section 5. All proceedings of the Charter Review Task Force shall be conducted in accordance with the Government in the Sunshine Law (Sec. 286.011 Fla. Stats.) and the Citizens’ Bill of Rights of the Miami-Dade County Home Rule Charter. The Task Force shall be deemed an “agency” for the purposes of the Public Records Law (Sec. 119 Fla. Stats.).
Section 6. The Task Force shall submit its written recommendations to this Board no later than one hundred and twenty (120) days of the effective date of this resolution, provided, however nothing herein prohibits the Task Force from providing a report or reports to the Board prior to prior to such time.
Section 7. The Commission hereby expresses its intent to forward any item approved by at least 2/3’s of the membership of the Charter Review Task Force for placement on the ballot at the next available countywide election.
Section 8. The Commission shall consider and may place any written recommendations forwarded by a simple majority of the Charter Review Task Force on the General Election ballot that the Commission deems to be in the best interest of the residents of Miami-Dade County.
Section 9. Nothing in this resolution precludes the Board of County Commissioners or a petitioner who has been certified by the Clerk of the Board to have submitted a legally sufficient initiative petition with sufficient signatures from placing a proposal to amend the Charter on the ballot, nor does anything herein preclude the Mayor of Miami-Dade County from seeking to place such a proposal on the ballot.
Section 10. The Charter Review Task Force shall complete its deliberations and prepare its report recommending changes to the Miami-Dade County Home Rule Charter, if any, for presentation to the Board at its July 17, 2012 meeting. The County Attorney is hereby directed to prepare any necessary resolutions to place these recommendations on the November 6, 2012 General Election ballot and place such resolutions on the July 17, 2012 Board meeting agenda without the need for committee review.
Section 11. The Task Force created pursuant to this resolution shall sunset and stand dissolved on the 364th day from the effective date of this resolution, unless it is extended by an ordinance duly adopted by the Board.



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