Sunday, July 06, 2008

Complete Waste of Time on July 18th. By Geniusofdespair

According to the Watchdog Report by Dan Ricker:

"The County Commission is having a Special Commission Meeting on July 18 to discuss recommended changes to the Miami-Dade Home Rule Charter that includes recommendations from both a county charter review committee and an ethics commission task forces recommendations." Here is the link to the 42 page Charter Review Final Report.

It might be good fun to watch it on TV to see how they weasel out of making any substantive changes that were recommended by the Task Force. I am so sure nothing much positive will happen: I promise not to call Natacha "Vile" ever again if it does.

The executive summary of recommendations follows:

The Miami-Dade Charter Review Task Force (CRTF) has accomplished its charge, and adopted
its eighteen (18) final recommendations regarding the Miami-Dade County Home Rule Charter.
This Final Report describes the process of the Task Force deliberations, summarizes factual
investigations and provides a brief synopsis of the rationale for the final recommendations.
Following the conclusion of this report, dissenting opinions are provided.
October 31, 2007 Final Recommendations
In its October 31, 2007 Initial Report, the Task Force made the following recommendations:
1. The Public Safety Director should remain an appointed position. However, the Task
Force recommended that the electors of Miami-Dade County be asked whether they
wish to amend the Home Rule Charter to provide that: the Public Safety Director (i.e.
Sheriff, Police Chief) shall be appointed by the Mayor for a period of four (4) years, at
the expiration of each term subject to re-appointment; that the appointment can be
vetoed by a super majority (two-thirds) vote of the County Commission; that the Public
Safety Director could be removed by the Mayor subject to the consent of a simple
majority vote of the County Commission; or by the County Commission subject to a
super majority (two-thirds) vote. Once appointed, that person shall carry out the
functions of the office independent of the Mayor and County Commission except for
funding and budgeting matters. (Motion passed: 10-5)
2. The Supervisor of Elections should remain an appointed position. However, the Task
Force recommended that the electors of Miami-Dade County be asked whether they
wish to amend the Home Rule Charter to provide that: the Supervisor of Elections
shall be appointed by the Mayor for a period of four (4) years, at the expiration of each
term subject to re-appointment; that the appointment can be vetoed by a super majority
(two-thirds) vote of the County Commission; that the Supervisor of Elections could be
removed by the Mayor subject to the consent of a simple majority vote of the County
Commission; or by the County Commission subject to a super majority (two-thirds) vote.
Once appointed, that person shall carry out the functions of the office independent of the
Mayor and County Commission except for funding and budgeting matters. (Motion
passed: 10-5)
3. The position of Property Appraiser become an elected position. (Motion passed: 12-4)
4. The Task Force recommends that the electors of Miami-Dade County be asked whether
they wish to amend the Home Rule Charter to provide that County Commissioners shall
receive a population based salary provided by Florida’s Statutory formula (approximately
$91,995); Commissioner’s terms in office shall be limited to two, four-year terms; and
Commissioners shall be prohibited from having outside employment. (Motion passed:
14-0)
The Task Force further recommends that the Home Rule Charter not be amended with respect
to the following issues:
5. The Tax Collector remain as an appointed position. (Motion passed unanimously: 14-0)
6. The manner in which the Board of County Commissioners is currently comprised shall
remain as is, with 13 single-member Commission Districts. (Motion passed: 14-1)
Charter Review Task Force Final Recommendations – January 29, 2008 Page 1
January 29, 2008 Final Recommendations
Since the release of its Initial Report, the Task Force continued its work, and on January 17,
2008 adopted the following additional final recommendations. The Task Force further
recommends that:
7. The County Commission appoint an independent Task Force to prepare and submit a
comprehensive plan in 2009 for countywide incorporation, accomplished through
annexation and/or incorporation, subject to amendments or changes by two-thirds vote
of the County Commission, and that such plan be placed on the ballot for all citizens to
vote on at a general election in 2010. (Motion passed: 9-5)
8. The electors of Miami-Dade County be asked whether the Home Rule Charter should be
amended to empower future Charter Review Task Forces to place proposed Charter
amendments directly on the ballot, if the proposed Charter amendment is approved by a
two-thirds vote of the Task Force members present; and to provide that the appointment
process for future Task Force members be the same as contained in Sections 1 and 2 of
the resolution creating the current Charter Review Task Force, with the exception that
the provision allowing Commissioners to appoint themselves to the Task Force be
deleted. (Motion passed: 9-5)
9. The electors of Miami-Dade County be asked whether the Home Rule Charter should be
amended to provide that the time period to collect signatures for proposed Charter
amendments and citizens’ initiatives be extended to 120 days and that proposed Charter
amendments must only be placed on the ballot during a general election. (Motion
passed: 14-0)
10. The electors of Miami-Dade County be asked whether the Home Rule Charter should be
amended to require the County Commission to hold a public hearing on any citizen
initiated changes to the Home Rule Charter on the date the County Commission sets the
election date on the proposed Charter amendment. A public hearing shall also be
required for any Charter amendment initiated by the County Commission. (Motion
passed: 14-0)
11. The electors of Miami-Dade County be asked whether of the Home Rule Charter should
be amended to provide that the County Commission hold a public hearing on the
proposed initiative at the time a citizen initiative petition is presented to the County
Commission for possible passage or repeal of an ordinance. (Motion passed: 14-0)
12. The electors of Miami-Dade County be asked whether the Home Rule Charter should be
amended to provide that the County Commission shall adopt no resolutions or
ordinances regulating the citizen petition procedures as defined in the Home Rule
Charter. (Motion passed: 14-0)
13. The electors of Miami-Dade County be asked whether the Home Rule Charter should be
amended to reflect that the certification and petition gathering provisions contained in
Article 8 of the Home Rule Charter should also govern citizen initiative petition
procedures to amend the Home Rule Charter. (Motion passed: 14-0)
14. The electors of Miami-Dade County be asked whether the Home Rule Charter should be
amended to provide that the Clerk of the Court, rather than the County Commission,
approve as to form any citizen initiative petition. (Motion passed: 14-0)
Charter Review Task Force Final Recommendations – January 29, 2008 Page 2
15. The electors of Miami-Dade County be asked whether the Home Rule Charter should be
amended to provide that bid protests shall be heard by hearing officers charged with
making final determinations based on findings of facts and conclusions of law; that the
appeal process shall be governed by the rules of procedure set forth in State of Florida’s
Administrative Procedure Act; and that the findings of the hearing officer would be final,
subject to appeal by a disappointed bidder to the County Commission solely on an
abuse of discretion standard. (Motion passed: 8-6)
16. The electors of Miami-Dade County be asked whether the Home Rule Charter should be
amended to provide that any Comprehensive Development Master Plan application
requesting that the Urban Development Boundary (UDB) line be moved must be
approved by a vote of at least ¾’s of the County Commissioners then in office; that every
five years an independent body shall be constituted to conduct a comprehensive and
holistic study as to where the UDB line should be drawn; and that if a change in the
location of the UDB line is recommended by such independent body and such change in
location is approved by a simple majority vote of County Commissioners present, such
recommendations must be submitted for approval by the electorate in the form of a
referendum. (Motion passed: 9-5)
17. The electors of Miami-Dade County be asked whether the Home Rule Charter should be
amended to provide that all zoning applications, including variances and setbacks, be
heard first by the Community Councils with any appeals from those decisions being
heard by hearing officers charged with making final determinations based on findings of
fact and conclusions of law, that the appeal process shall be governed by the rules of
procedure set forth in the State of Florida’s Administrative Procedure Act and that the
findings of the hearing officer would be final subject to appeal to the County Commission
solely on an abuse of discretion standard. (Motion passed: 14-0)
18. That the electors of Miami-Dade County be asked whether Section 9.07 of the Home
Rule Charter shall be amended in the following manner (Motion passed: 17-0):
A. Amendments to this Charter may be proposed by a resolution adopted by the
Board of County Commissioners or by petition of electors numbering not less
than ten percent of the total number of electors registered in Dade County at the
time the petition is submitted to the Clerk. Initiatory petitions shall be certified in
the manner required for initiatory petitions for an ordinance.
B. Amendments to this Charter may be proposed by initiatory petitions of electors
shall be governed by the following procedure:
1. The person proposing the amendment shall submit to the Clerk a
proposed petition, in the form specified in section (2) below, and
proposed ballot language, including a title. The Clerk shall without delay
approve as to form a petition for circulation in one or several copies as
the proposer may desire.
2. The petition shall be printed in 14-point font and contain the following
information: (a) the title and text of the proposed amendment, printed in
English, Spanish and Creole; (b) a statement in each petition circulator's
own handwriting, setting forth his or her own name, both in printed and
signature form; (c) the residence address of the circulator; (d) dates
between which all the signatures on each individual petition were
obtained; and (e) a sworn statement that the circulator personally
Charter Review Task Force Final Recommendations – January 29, 2008
circulated the petition and witnessed each signature as it was being
written.
3. Initiatory petitions shall be certified in the manner required for initiatory
petitions for an ordinance.
4. The Board of County Commissioners shall call an election to be held
within 60-120 days of the date that a certified petition is presented to the
County Commission. Such election shall be called in conjunction a
countywide with the next scheduled general election. ;however, if no
countywide election is scheduled to occur within 60-120 days or
presentation, a special election on the position shall be called.
C. Amendments to this Charter may be proposed by the Board of County
Commissioners at any time. Elections on charter amendments proposed by the
Board shall be held not less than 60 nor more than 120 days after the Board
adopts a resolution proposing any amendment.
D. The result of all elections on charter amendments shall be determined by a
majority of the electors voting on the proposed amendment.
E. All current ordinances and resolutions regulating initiative petitions shall be
repealed.
Official minutes of all CRTF meetings and public hearings are available at
www.miamidade.gov/charterreview .

4 comments:

Anonymous said...

You should publish the recommendations here so people can call the odds for each.

Anonymous said...

Genius I have to agree with you. Not much if anything will change. Until this MDC board has the authority and autonomy, like the State board, to put it right on the ballot, not much will happen.

Anonymous said...

Mayor Dermer, who sat on the review committee, said early on the BCC would not approve any changes that did not promote the commission's dictorial mindset (my words not his).
He will be proven correct.

Anonymous said...

well, at least we will have another opportunity to see DeGrandy do Natasha's dirty work...

Mr and Mrs scumbag, party of two...