CRC RESOLUTION NO

Transcription

1 CRC RESOLUTION NO A RESOLUTION OF THE BROWARD COUNTY CHARTER REVIEW COMMISSION ADOPTING A PROPOSED AMENDMENT TO SECTION 2.01 OF THE CHARTER OF BROWARD COUNTY, FLORIDA, ENTITLED, COMPOSITION, TERMS, QUALIFICATIONS AND COMPENSATION OF MEMBERS ; PROVIDING FOR THE ESTABLISHMENT OF A NONPARTISAN MAYOR ELECTED AT-LARGE AND AN INCREASE FROM NINE (9) TO TEN (10) SINGLE-MEMBER COUNTY COMMISSION DISTRICTS, COMMENCING IN 2022; AMENDING SECTION 2.02, ENTITLED, TERM LIMITATION FOR COUNTY COMMISSION OFFICE TO PROVIDE FOR A TERM LIMIT FOR THE ELECTED MAYOR; AMENDING SECTION 2.03, ENTITLED, COMMISSION ELECTION OF MAYOR AND VICE MAYOR TO DELETE THE REFERENCE TO MAYOR BEING ELECTED BY THE COUNTY COMMISSION; PROVIDING FOR COMPENSATION AND TERM LIMITS FOR THE COUNTYWIDE ELECTED MAYOR; PROVIDING FOR PRESENTATION TO THE ELECTORATE BY THE COUNTY COMMISSION AT A SPECIAL REFERENDUM ELECTION TO BE HELD IN CONJUNCTION WITH THE NOVEMBER 2018 GENERAL ELECTION; PROVIDING THE BALLOT TITLE AND SUMMARY OF THE CHIEF PURPOSE OF THE PROPOSED AMENDMENT; PROVIDING FOR THE COUNTY ATTORNEY TO RENUMBER AND RELETTER ARTICLES AND SECTIONS IN ORDER TO CONFORM THE AMENDMENTS TO THE CHARTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Section 6.02 of the Broward County Charter, after two (2) public hearings and by an affirmative vote of at least thirteen (13) of the nineteen (19) members, the Broward County Charter Review Commission may submit a proposal to the Board of County Commissioners to amend or revise the Broward County Charter; and WHEREAS, the Charter of Broward County, Florida mandates that all Charter amendments and revisions proposed by the Charter Review Commission must be submitted to

2 the County Commission no later than the first Tuesday in June of the year in which the term of the Charter Review Commission shall expire; and WHEREAS, the Charter of Broward County, Florida provides that all amendments and revisions proposed by the Charter Review Commission must be presented by the County Commission to the electorate at the next general election; NOW, THEREFORE, BE IT RESOLVED BY THE BROWARD COUNTY CHARTER REVIEW COMMISSION: SECTION 1: That pursuant to Section 6.02 of the Charter of Broward County, Florida, the County Commission is hereby directed to place on the ballot for presentation to the electorate, at a special referendum election to be held in conjunction with the November 2018 General Election, a special referendum issue, the subject of which is proposed to amend Section 2.01, entitled Composition, terms, qualifications, and compensation of members, Section 2.02, entitled Term Limitation for County Commissioner Office, and Section 2.03, entitled Commission Election of Mayor and Vice Mayor to provide for the creation of ten (10) single member commission districts and a nonpartisan, countywide mayor elected at-large, the full text of which is attached hereto and incorporated by reference as if fully set forth herein as Exhibit "A". SECTION 2: That the ballot title and summary for the proposed amendments/revisions as referred to above shall appear as follows: CREATION OF A COUNTYWIDE ELECTED MAYOR; INCREASE TO TEN (10) SINGLE-MEMBER COUNTY COMMISSION DISTRICTS Shall the Broward County Charter be amended to create a full-time, countywide elected mayor position and increase the number of single-member county

3 commission districts from nine (9) to ten (10), commencing in 2022, where the mayor is elected at-large on a nonpartisan basis, receives the same compensation as the County s highest paid constitutional officer, and is limited to serving up to two (2) consecutive four-year terms? YES NO SECTION 3: That should a majority of electors voting on the above-referenced referendum election vote "YES," thereby approving the above ballot issue, attached Exhibit "A" shall become a part of the Charter of Broward County, Florida. SECTION 4: That the County Attorney is hereby directed to insure that the appropriate numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform the Charter to the amendments if approved. SECTION 5: That if any section, sentence, clause or phrase of this resolution is held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this resolution. SECTION 6: That this resolution shall become effective immediately upon its adoption. Adopted this day of, 20. APPROVED AS TO LEGAL FORM: Thomas McDonald, Chairperson Samuel S. Goren, General Counsel

4 RECORD OF VOTE (CRC ) BUSCH MCDONALD DAVIS MOSELEY DIPIETRO LETO FABRICIO NAVARRO FORMAN NORRIS-WEEKS GREENBERG PETTIS GUERRA REYES GUNZBURGER SMITH KANE WELLS MAYLOR Resolution CRC passed on, 20. BROWARD COUNTY CHARTER REVIEW COMMISSION Attest: Carlos Verney, Executive Director

5 EXHIBIT A Proposed Charter Language Regarding an Elected Mayor * * * Broward County Charter Preamble Definitions District. One of the nine ten (10) single-member County Commission districts as approved by the County Commission. Article II Legislative Branch: County Commission Sec Composition, terms, qualifications, and compensation of members The County Commission comprises the Legislative Branch of County government empowered to enact ordinances and resolutions, and to take action that is consistent with this Charter and that is in the best interest of the health, safety, and welfare of the County's citizens. A. The County Commission shall be composed of nine (9) a mayor and ten (10) commission members elected from single-member districts. (1) No later than December 31st of the year of publication of each decennial census, the County Commission shall divide the County into nine (9)ten (10) single-member districts of contiguous territory as nearly as equal in population as practicable, utilizing the most recent decennial census. If, as a result of redistricting, Commissioners no longer reside in the District they were elected to represent, the Commissioners may remain in office, and serve out the balance of their term. (2) Commencing in the 2022 general election, the mayor shall be elected at-large by the electors of the County. The mayor shall serve a term of four (4) years. The mayor must be an elector and resident of the County upon election. (2)(3) Each District shall be assigned a number from one (1) through nine (9)ten (10). Commissioners from Districts 2, 4, 6, 8 and 10 elected in 2022 shall serve for a term of four (4) years. Commissioners from Districts 1, 3, 5, 7, and 9 shall be elected in the general election for a term of four (4) years. Commissioners from Districts 2, 4, 6, 8 and 10 and 8 elected in shall serve for a term of four (4) years. (3)(4) Only qualified electors residing within each District may vote for the Commissioner representing that District. Each Commissioner must be an elector of the County and must be a resident of the particular District upon election.

6 B. The mayor shall be elected on a nonpartisan basis. Commissioners shall be elected on a partisan basis. The terms of office shall begin on the Tuesday two (2) weeks following the day of the general or special election. C. Except as provided in this Section, election of Commissioners shall be as provided in Article VIII, Section 1(e), of the Florida Constitution. D. The mayor shall be a full-time position with compensation equal to the County s highest compensated constitutional officer. The Commissioners' salaries shall be determined and established in accordance with the general law of the State of Florida pertaining to compensation for Commissioners of non-charter counties. The mayor and Ccommissioners shall only be reimbursed for expenses that are specifically approved by the County Commission, and when properly incurred on County business, in conformance with the laws of the State of Florida. E. Vacancies on the County Commission shall be defined and filled as provided by the laws of the State of Florida. Other than as a result of redistricting, any Commissioners who cease to reside in the District they represent shall be deemed to have vacated their office. Sec Term limitation for Mayor and County Commissioner office. An individual shall not be eligible for election as mayor for more than two (2) consecutive fouryear terms. Effective with the terms of the Commissioners that commenced in November 2000, aan individual shall not be eligible for election as a Commissioner for more than three consecutive four-year terms.. Service as a Commissioner prior to the terms that commenced in November 2000 shall not be considered in applying the term limitations of this Section. Service of a two-year term, or any other partial term subsequent to November 2000, shall not be considered in applying the term limitation provisions of this Section. Sec Commission election of Mayor and Vice-Mayor. A. The County Commission shall elect one (1) Commissioner to the position of Mayor by a majority vote. The election of the Mayor shall occur on an annual basis, during the County Commission's annual organizational meeting, which shall take place no earlier than the third Tuesday of each November and no later than the third Tuesday of each December. The County Commission may remove the individual from the position of Mayor by a majority vote. The Mayor may serve consecutive terms. B. C.A. B. Following the election of the Mayor, the County Commission shall elect a Commissioner to the position of Vice-Mayor by a majority vote. In the Mayor's absence, the Vice-Mayor shall have all the rights, privileges and duties of the Mayor. The County Commission may remove the individual from the position of Vice-Mayor by a majority vote. The Vice-Mayor may serve consecutive terms. C. In the event the position of Mayor shall become vacant for any reason, the Vice-Mayor shall automatically become Mayor and serve as Mayor for the balance of the Mayor's term.

7 The Commission shall elect a new Vice-Mayor who shall serve for the balance of the Mayor's term. BD. In the event the position of Vice-Mayor shall become vacant for any reason, the Commission shall elect a new Vice-Mayor who shall serve for the balance of the Vice-Mayor's term.