Miami-Dade
Legislative Item File Number: 162255 |
Printable PDF Format |
File Number: 162255 | File Type: Resolution | Status: In Committee | ||||||||
Version: 0 | Reference: | Control: Economic Prosperity Committee | ||||||||
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Requester: NONE | Cost: | Final Action: | ||||||||
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Sunset Provision: Yes | Effective Date: | Expiration Date: |
Registered Lobbyist: | None Listed |
Legislative History |
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Acting Body | Date | Agenda Item | Action | Sent To | Due Date | Returned | Pass/Fail |
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Economic Prosperity Committee | 11/10/2016 | 2B | Tabled | ||||
REPORT: | Assistant County Attorney Terrence Smith read the title of the foregoing proposed resolution into the record. Chairman Suarez presented a reasonable opportunity for the public to be heard on the foregoing proposed resolution; and no one appeared. Commissioner Moss requested the proposed resolution be deferred until Commissioner Levine Cava could be present. Assistant County Attorney Cynthia Johnson-Stacks advised the foregoing proposed resolution was tabled due to lack of a motion. Assistant County Attorney Johnson-Stacks advised the Charter requires that every five years the Board of County Commissioners decide whether there was to be a Charter review; however, there was no required Charter review. | ||||||
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County Attorney | 9/28/2016 | Assigned | Oren Rosenthal | 9/28/2016 | |||
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County Attorney | 9/28/2016 | Referred | Economic Prosperity Committee | 11/10/2016 | |||
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Legislative Text |
TITLE RESOLUTION CREATING A CHARTER REVIEW TASK FORCE; SETTING FORTH POWERS AND RESPONSIBILITIES OF SUCH TASK FORCE; PROVIDING FOR A REPORT; AND PROVIDING FOR SUNSET BODY WHEREAS, section 9.07 of the Home Rule Charter (�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 Charter requires the Board of County Commissioners 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, on March 8, 2012 the Board through Resolution No. 253-12 created the most recent Charter Review Task Force to review the Charter and advise the Board of any recommended amendments or revisions; and WHEREAS, in March of 2017, it will be five years since the creation of the last Charter Review Task Force; and WHEREAS, the creation of a new Charter Review Task Force will allow opportunity for public input and focused study of possible amendments to the Charter; and WHEREAS, the initiatory petition process was recently tested, and there is a need to clarify this process to ensure that Miami-Dade County uses its resources in an effective and efficient manner while also ensuring that the right of citizens to access their county government is preserved, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that: Section 1. Effective March 1, 2017, there is hereby created a Charter Review Task Force which shall consist of 17 members, one member shall be appointed by each County Commissioner, one by the Mayor of Miami-Dade County, one by the Chair of the Miami-Dade Legislative Delegation, one by the League of Cities, and one by the Miami-Dade County Clerk of the Courts. 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 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. Invite representatives of Miami-Dade County�s municipalities to appear and make recommendations; e. Conduct public hearings at various stages in the review process;� f. Conduct regional public meetings throughout 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 prohibits 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 (section 286.011, Florida Statutes) 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 (chapter 119, Florida Statutes).� Section 6. The Task Force shall submit its written recommendations to this Board no later than 360 days after the effective date of this resolution; provided, however that nothing herein prohibits the Task Force from providing a report or reports to the Board prior to such time. The report and recommendations of the Task Force shall be placed on an agenda of the Board pursuant to Ordinance No. 14-65. Section 7. Nothing in this resolution precludes the Board of County Commissioners or a petitioner who has been certified 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 8. The County Attorney is hereby directed to prepare any necessary resolutions to place these recommendations on the November, 2018 General Election ballot for consideration by the Board of County Commissioners. Section 9. The Task Force created pursuant to this resolution shall sunset and stand dissolved on the 363rd day from the effective date of the Task Force set forth in Section 1 of this resolution, unless it is extended by an ordinance duly adopted by the Board. |
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