Pasco County Board of County Commissioners Workshop. February 12, 2015 New Port Richey, Florida

Transcription

1 Pasco County Board of County Commissioners Workshop February 12, 2015 New Port Richey, Florida

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3 Pasco County BoCC Workshop Charter Counties in Florida Virginia Ginger Delegal General Counsel Florida Association of Counties, Inc. February 12, 2015

4 The What Fours What is a charter county? Florida History What are the differences between a charter and a noncharter county? Constitutional Revision What can be included in a charter? Key Provisions What are the steps to become and to change a charter county? Adoption Process

5 The What Fours What is a charter county? Florida History

6 The Basics What is a county? Quick Review How is a county different than a city? Quick Review What forms of government are offered to the counties? Quick Review Who are the other county officers? Quick Review Are charter counties different?

7 What is a county? The first two counties, Escambia and St. Johns, were created in 1821 Provisional government established a county judicial system, appointed county judges, clerks and sheriffs Government was administered through the court system by five justices of the peace

8 What is a county? Historically, and elsewhere in the country, a county is a political subdivision of the state, established by the state to execute state services and functions at the local level Contrast: a municipality is a local government that serves its citizens who created it by charter Florida counties: tension and overlapping functions with the municipalities, with the rise of home rule Special district: a local government, created by another level of government, for a specific purpose

9 County Authority Florida Constitution (focus today) Florida Statutes: General Laws Laws of Florida: Special Acts Florida Case Law County Charters (focus today) County Ordinances County Resolutions

10 What is Home Rule? The transfer of certain state powers to local entities in matters of local concern; not complete autonomy Offers locals more control over their internal affairs and alleviates the need for state legislation of local concerns Ideas are consistent with traditional American ideals of self governance and independence Tension: with the state Unfunded Mandates and Preemption Myth busting: noncharter counties have home rule A few analogies

11 Charter Counties Constitutional Authority shall have all powers of local self-government not inconsistent with general law, or with special law approved by vote of the electors.. may enact county ordinances not inconsistent with general law. The charter shall provide which shall prevail in the event of conflict between county and municipal ordinances. ~Article VIII, section 1(f), Florida Constitution

12 Non-charter Counties: Constitutional Authority shall have such power of self-government as is provided by general or special law. may enact, in a manner prescribed by general law, county ordinances not inconsistent with general or special law, but an ordinance in conflict with a municipal ordinance shall not be effective within the municipality to the extent of such conflict. ~Article VIII, section 1(g), Florida Constitution

13 Compare Constitutional Language Thus, charter counties and non-charter counties apparently start from different poles in their relationships with legislative enactments. Both could, conceivably, be the same depending on the legislation adopted. ~Talbot Sandy D Alemberte, Official Commentary to the 1968 Constitutional Revisions (see Fla. Stat. Annot.)

14 County Statutory Powers: Section , Florida Statutes The legislative and governing body of a county shall have the power to carry on county government. To the extent not inconsistent with general or special law, this power includes, but is not restricted to, the power to: (a) (dd) The enumeration of powers herein shall not be deemed exclusive or restrictive, but shall be deemed to incorporate all implied powers necessary or incident to carrying out such powers enumerated,

15 County Statutory Powers Section , (con t). The provisions of this section shall be liberally construed in order to effectively carry out the purpose of this section and to secure for the counties the broad exercise of home rule powers authorized by the State Constitution.

16 What is a charter county? A county Whose citizens have approved a local charter Granting the county government home rule authority directly from the Florida Constitution

17 Florida s Charter Counties

18 Dates of Formation Year County Year County 1957 Miami-Dade 1987 Orange 1968 Duval 1989 Seminole 1971 Sarasota 1991 Clay 1971 Volusia 1992 Osceola 1975 Broward 1994 Brevard 1980 Pinellas 1996 Lee 1983 Hillsborough 1998 Polk 1985 Palm Beach 2002 Columbia 1986 Charlotte 2002 Leon 1987 Alachua 2008 Wakulla

19 The What Fours What are the differences between a charter and a noncharter county? Constitutional Revision

20 What are the differences? One overarching principle A charter provides a local community with the potential for government reform, at the county level. Period.

21 Charter vs. Non-Charter Choose form of government Power to tax in unincorporated area Power to alter functions of county officers Power to have countywide authority Special acts must be approved by the electors to have a limiting effect Citizen involvement can be increased Legislative classification benefits

22 The What Fours What can be included in a charter? Key Provisions What are the steps to become and to change a charter county? Adoption Process

23 Pasco County BoCC Workshop Charter Counties in Florida Kurt Spitzer (850)

24 Topics 1. Florida History 2. Constitutional Revision 3. Key Provisions 4. Adoption Process 5. Questions

25 Dillon s Rule A local government has only those powers which are specifically granted by the State Home Rule A local government has all powers of self government except those that are specifically prohibited or pre-empted by the State

26 Politics Policy Personalities All charters reflect history and sentiments of the local community and community leaders All charter provisions embody elements of both politics and policy

27 Broward vs. Wakulla vs. Volusia? vs. Pasco? Depends upon the language of the Charter as adopted by the local electorate.but section 1 of Article VIII invites consideration of numerous alternatives

28 Article VIII Section 1 County charters adopted, amended or repealed only by vote of the countywide electorate - (c) GOVERNMENT. Pursuant to general or special law, a county government may be established by charter which shall be adopted, amended or repealed only upon vote of the electors of the county in a special election called for that purpose.

29 Example Policy Areas Consideration of primary policy area alternatives should be within the context of: Effectiveness Efficiency

30 Example Policy Areas Generally, primary policy areas that may be addressed by charters are: Legislative-Executive Branch County ( Constitutional ) Officers City-County Relations Powers reserved to the People

31 Article VIII - Section 1 Size, terms, districting schemes of County Commission may be changed - (e) COMMISSIONERS. Except when otherwise provided by county charter, the governing body of each county shall be a board of county commissioners composed of five or seven members serving staggered terms of four years. After each decennial census the board of county commissioners shall divide the county into districts of contiguous territory as nearly equal in population as practicable. One commissioner residing in each district shall be elected as provided by law.

32 Legislative Branch Districting schemes at-large single member Mixed Number of Commissioners Five, seven, nine?

33 Legislative Branch Election methodology? partisan vs. non-partisan Salaries? Use State formula or other method

34 Legislative Branch Terms of Office length of term (4 years) limits on number of terms (voter determined) Residency Requirements At time of beginning office (current) At time of filing One month prior? Six months prior?

35 Legislative Branch Redistricting Procedure Use independent advisory committee of county electors?

36 Executive Branch Head of Executive Branch Appointed Professional Administrator Elected Chairman - Orange Elected Executive - Duval

37 Executive Branch Appointed Administrator Hiring/Termination policy Non-interference clause Authority of Administrator to hire/fire Department Heads

38 Article VIII - Section 1 Charters may provide alternative methods of selecting County Officers; may abolish and transfer duties to another position - (d) COUNTY OFFICERS. There shall be elected by the electors of each county, for terms of four years, a sheriff, a tax collector, a property appraiser, a supervisor of elections, and a clerk of the circuit court; except, when provided by county charter or special law approved by vote of the electors of the county, any county officer may be chosen in another manner therein specified, or any county office may be abolished when all the duties of the office prescribed by general law are transferred to another office. When not otherwise provided by county charter or special law approved by vote of the electors, the clerk of the circuit court shall be ex officio clerk of the board of county commissioners, auditor, recorder and custodian of all county funds.

39 County Officers 1. Leave as in current law 2. Elected charter officers 3. Appointed charter officers need not treat all Officers/offices the same

40 County Officers Policy questions budget policy/approval team approach performance audit responsiveness/independence uniform support services

41 County Officers Uniform support services personnel purchasing risk management data processing audit fleet management

42 County Officers Other issues chosen in another manner salaries recall residency non-partisan elections limits on terms *

43 Article VIII - Section 1 Charter counties have all powers not inconsistent with general (or voted special) law; charter must specify if county ordinance prevails over that of city - (g) CHARTER GOVERNMENT. Counties operating under county charters shall have all powers of local self-government not inconsistent with general law, or with special law approved by vote of the electors. The governing body of a county operating under a charter may enact county ordinances not inconsistent with general law. The charter shall provide which shall prevail in the event of conflict between county and municipal ordinances.

44 Countywide Policy Policy on county ordinances in city limits city prevails county prevails county prevails in specific policy areas county prevails but cities permitted to have more stringent standards Requires single, countywide vote of electorate

45 Countywide Policy Amendments may be specific or broadly worded Specific: Palm Beach County Well-head Protection General: Orange County Regulating Adult Entertainment Protecting the Environment

46 Countywide POLICY Amendments may be very detailed: Volusia Minimum Standards for Environmental Protection - The council, after consideration of such advice and comment as may be submitted by the governing bodies of municipalities within the county, shall establish minimum standards, procedures, requirements and regulations for the protection of the environment. Such minimum standards, procedures, requirements and regulations may include, but shall not be limited to, tree protection, aquifer protection, storm water management, waste water management, river and waterway protection, hazardous waste disposal, wetlands protection, beach and dune protection, environmental protection including air pollution, and the protection from destruction of the resources of the county belonging to the general public, and such other environmental standards as the council determines to be necessary for the protection of the public health, safety, and welfare of the citizens throughout Volusia County..

47 Preservation of Rural Lands Current practice: After annexation, municipal land-use policies apply Options: County comprehensive plan s policies continue to apply to rural area after annexation Policies on amendments to the county comprehensive plan require consultation with cities, extraordinary vote of BCC to amend, etc.

48 SEMINOLE COUNTY GOVERNMENT Rural Area [ close window ]

49 Planning Councils 1. Countywide Standards

50 Countywide Programs Transfer of Powers (functional consolidation) Transfer of programs/assets/people (e.g. police/fire) Requires dual, concurrent vote of electorate (Article VIII, Section 4)

51 Citizen Initiative Ordinances proposed and adopted by petition by what percentage and distribution of electorate? excluding which subject areas? procedure for BCC action

52 Charter Amendment Process Amendments proposed by: BCC Citizen petition Charter Review Commission

53 Charter Amendment Process Policy questions Single subject rule CRC: Membership/composition/selection CRC: Independent/Advisory/Hybrid Amendment vs. Revision vs. Repeal

54 Common to All Charters Public empowered to amend charter in the future BCC and Delegation may place amendments on ballot County enjoys increased protection from unwanted special acts BCC subject to recall as provided in state law Unless charter specifically prohibits, BCC has power to levy utility tax in unincorporated area New municipal CRAs must receive BCC approval

55 Topics 1. Florida History 2. Constitutional Revision 3. Key Provisions 4. Adoption Process 5. Questions

56 Charter Adoption Process All charters approved by electorate charter question placed on ballot by: 1. Legislative Delegation - Special Act 2. BCC by ordinance 3. Charter Commission Created by BCC Resolution Citizen Petition of 15% of Electorate

57 Charter Adoption Process Placement by Legislative Delegation - Special Act (Two out of 20) Empowering Volusia Since the Charter first passed Legislature as Special Act, it can provide for greater authority than typical charter

58 Charter Adoption Process Placement by Legislative Delegation - Special Act (Two out of 20) Limiting Pinellas Since the Charter first passed Legislature as Special Act, its limitations are much more difficult to correct/revise than amending typical charter

59 Charter Adoption Process BCC - Ordinance Must initially follow one of three general forms of government Elected Executive Tampa, Duval Elected Chair-Administrator - Orange County Manager

60 County Manager , FS County charters; executive responsibilities. The executive responsibilities shall be assigned to and shall consist of the following: (2) Prepare and submit to the board.annual operating budget, a capital budget, and a capital program; establish.procedures to be followed by all county departments; administer all phases of the budgetary process; (7) Develop, install, and maintain centralized budgeting, personnel, legal, and purchasing procedures (10) Supervise, direct, and control all county administrative departments; (11) Appoint, with the advice and consent of the board, all appointed departmental heads, who shall serve at his or her pleasure

61 Charter Adoption Process Charter Commission Established by Resolution of BCC [most common]; or, upon petition of 15% of electorate Charter Commission must propose a charter - no review/approval by BCC BCC and Delegation prohibited from serving

62 Questions? Kurt Spitzer (850)

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