Miami-Dade Legislative Item
File Number: 121405
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File Number: 121405 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: TRANSFER POWERS & FUNCTIONS OF ABOLISHED SHERIFF OFFICE Introduced: 7/5/2012
Requester: NONE Cost: Final Action:
Agenda Date: 8/23/2012 Agenda Item Number: 10A12
Notes: CHARTER AMENDMENT Title: RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO TRANSFER CERTAIN POWERS AND FUNCTIONS OF THE PREVIOUSLY ABOLISHED OFFICE OF SHERIFF FROM THE MAYOR TO THE DIRECTOR OF THE MIAMI-DADE POLICE DEPARTMENT
Indexes: CHARTER AMENDMENT
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 8/23/2012 10A12 Motion to adopt died due to lack of a second
REPORT: Commissioner Heyman noted since 1966 the Charter gave the Mayor the authority to delegate the Sheriff’s powers and functions to a suitable person. She pointed out that the Strong Mayor should be in charge of the Police Department, and the current wording of the Charter which says that the Mayor “may” delegate should be changed to “shall” delegate. It was moved by Commissioner Heyman that Agenda Item 10A12 be adopted, as amended. This motion was seconded by Commissioner Bell, followed by discussion. Commissioner Bell noted currently the Mayor had the authority to appoint the Police Director. She asked whether this item made any substantial changes. Commissioner Heyman explained that this had been a practice since 1966, and the Strong Mayor had followed this practice. She said that the County had a separate Corrections Director, and this system seemed to work well; therefore, it should not be changed. Commissioner Bell said that she was no longer seconding the motion. Agenda Item 10A12 died for lack of a motion.

Board of County Commissioners 7/17/2012 10A12 Deferred 8/23/2012 P

County Attorney 7/5/2012 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMIDADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO TRANSFER CERTAIN POWERS AND FUNCTIONS OF THE PREVIOUSLY ABOLISHED OFFICE OF SHERIFF FROM THE MAYOR TO THE DIRECTOR OF THE MIAMI-DADE POLICE DEPARTMENT

BODY
WHEREAS, The Board of County Commissioners pursuant to Section 9.07 of the Miami-Dade County Home Rule Charter desires to place the attached Charter amendment before the electors of Miami-Dade County on the November 6, 2012 General Election ballot,
NOW, THEREFORE, 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 Miami-Dade County, Florida in conjunction with a General Election on Tuesday, November 6, 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:

CHARTER AMENDMENT
REGARDING THE POWERS AND FUNCTIONS
OF THE OFFICE OF SHERIFF

SHALL THE CHARTER BE AMENDED TO TRANSFER CERTAIN POWERS AND FUNCTIONS OF THE PREVIOUSLY ABOLISHED OFFICE OF SHERIFF FROM THE MAYOR TO THE DIRECTOR OF THE MIAMI-DADE POLICE DEPARTMENT WHO CONTINUES TO BE MANAGED BY THE MAYOR, APPOINTED BY THE MAYOR SUBJECT TO DISAPPROVAL BY A TWO-THIRDS VOTE OF THE BOARD OF COUNTY COMMISSIONERS AND SUBJECT TO SUSPENSION, REPRIMAND, REMOVAL OR DISCHARGE BY THE MAYOR THE SAME AS ANY OTHER ADMINISTRATIVE DEPARTMENT DIRECTOR?
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-91

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.]] >>Effective on the second Tuesday next succeeding the date of the general election in November and subject to the provisions of Section 2.02(A) and (D), the powers and functions of the Office of Sheriff are transferred from the Mayor to the Director of the Miami-Dade Police Department or its successor law enforcement agency, and shall require no delegation of authority thereto. The powers and functions transferred to the Director of the Miami-Dade Police Department or its successor law enforcement agency pursuant to this paragraph shall not include those which pertain to corrections and the operation of County jails and detention facilities and the custody of 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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