Bradenton Area Convention Center One Haben Boulevard, Palmetto - Expo Hall South 6:00 p.m. - June 14, 2017

Transcription

1 Bradenton Area Convention Center One Haben Boulevard, Palmetto - Expo Hall South 6:00 p.m. - June 14, 2017 June 14, Work Session - Charter Governments Agenda Item #1 Subject Charter Governments Briefings None Contact and/or Presenter Information Mitchell O. Palmer, County Attorney Ginger Delagal, Executive Director, Florida Association of Counties Action Requested No action requested. Enabling/Regulating Authority Florida Statutes, Chapter 125, Parts II and IV Background Discussion Following discussions at the Board's meeting of April 6, 2017, the Commissioners voted to schedule a work session on charter governments, to be held after normal business hours. At this work session, the County Attorney's Office and Ginger Delagal, Executive Director of the Florida Association of Counties, will provide a presentation on this subject. County Attorney Review Other (Requires explanation in field below) Explanation of Other This is a County Attorney item. Reviewing Attorney Palmer

2 Instructions to Board Records None Bradenton Area Convention Center One Haben Boulevard, Palmetto - Expo Hall South 6:00 p.m. - June 14, 2017 Cost and Funds Source Account Number and Name N/A Amount and Frequency of Recurring Costs N/A

3 Manatee County Presentation on Charter Counties in Florida Virginia Ginger Delegal Executive Director Florida Association of Counties, Inc. 850/ June 14, 2017

4 Introduction The strength of free peoples resides in the local community. Local institutions are to liberty what primary schools are to science; they put it within the people s reach; they teach people to appreciate its peaceful enjoyment and accustom them to make use of it. Without local institutions a nation may give itself a free government, but it has not got a spirit of liberty. ~ De Tocqueville Democracy in America

5 What is FAC? Private, voluntary association Not for profit corporation All 67 counties are members Core mission: FAC helps counties effectively serve and represent Floridians by strengthening and preserving county home rule through advocacy, education and collaboration.

6 The What Fours What is a charter county? What are the differences between a charter and a noncharter county? What can be included in a charter? What are the steps to become and to change a charter county?

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

8 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 County government was administered through the court system by five justices of the peace

9 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, under the rise of home rule and Florida s demographics Special district: a local government, created by another level of government, for a specific purpose

10 What do counties do? Traditionally: state mandated duties only assessment of property record keeping maintain rural roads administer elections perform judicial functions Today: expansion of services public health and welfare (Zika, opioid epidemic) ambulance services workforce development affordable housing parks & recreation libraries consumer protection economic development (growth management) employment and training planning and zoning water quality fire protection emergency management regulatory entity

11 County Functions Under State Law Florida Constitution, among others: Article VII Taxes Article VIII Local Government Powers Florida Statutes, among others: Section (1), Fla. Stat. Transportation systems Solid waste disposal Emergency management Ambulance Licensing Other provisions of state law: program sharing with the state (Medicaid, juvenile justice, court funding)

12 County Authority Florida Constitution Florida Statutes: General Laws Laws of Florida: Special Acts Florida Case Law County Charters County Ordinances County Resolutions

13 Forms of County Government County commission form Commission-county administrator form Commission-elected chairman (executive) form

14 Commission Form of Government Traditional form been around since late 1800s Two features: A plural executive (county constitutional officers PLUS the BoCC); and A legislative body (BoCC) that perform BOTH legislative and executive functions No single person responsible for the administration of county functions Various county department heads report directly to the BoCC

15 Executive Form Charter County Option Only (Miami-Dade, Orange, and Jax/Duval Separates legislative functions from executive function but the person responsible for the executive functions is elected by the voters, rather than appointed by the BoCC Often, chairs the BoCC and has equal votes

16 Commission Form Clerk Sheriff Property Appraiser BoCC Elections Tax Collector County Attorney Emergency Management Parks & Recreation Animal Control Library Solid Waste Public Works HHS

17 Administrator Form of Government Most popular in Florida today All but one (St. Lucie) chose this form of government since the late 1960s/early 1970s Key difference: Separation of powers between making policy and executing policy BoCC enacts ordinances and adopts resolutions but hires an administrator to execute the policy and oversee the various departments Created by adoption of an ordinance; often followed by a BoCC policy of using the administrator as the exclusive conduit of implementation and the only one to be directed by the BoCC

18 Administrator Form Clerk Sheriff Property Appraiser BoCC Elections Tax Collector County Attorney County Administrator Parks and Recreation Public Works Solid Waste Etc.

19 Which One Fits? Population Size Traditional commission structure was designed for small rural counties, with fairly similar population make-up (very few of these in Florida); low expectations for services and programs; and little to no political conflict or differences As populations grow and diversify, more political conflict is inevitable and the demand for services/programs increases Becomes difficult, inefficient to have the BoCC make and implement policy and runs afoul of the cherished political doctrine of separation of powers Thus, counties begin to transition to hiring a professional administrator to oversee day to day operations of the county, allowing the BoCC to focus on making policy

20 Other County Officers Property Appraiser Tax Collector Clerk of the Court Sheriff Supervisor of Elections Article VIII, section 1(d), Florida Constitution

21 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 too

22 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

23 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

24 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.)

25 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,

26 County Statutory Powers Section , (con t). The provisions of this section number 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.

27 Take-Away from These Slides Home rule power of a charter county is implemented directly from the Florida Constitution the People of Florida. Home rule power of a non-charter county is authorized by the Florida Constitution but is implemented by the Florida Legislature.

28 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

29 Florida s Charter Counties

30 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

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

32 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

33 County Forms of Government Charter Choices Legislative Branch Districting Scheme Election Methodology Salaries of Commissioners Terms of Office Executive Branch Appointed professional administrator Elected chairman Elected executive

34 Power to Tax Charter Choices Public Service Tax Communication Services Tax: Higher Rate Sales Taxes Certain Local Options Miscellaneous Limitation of Power Possible

35 Other County Officers Charter Choices Status Quo Elected Charter Officers Appointed Charter Officers

36 Countywide Authority Charter Choices City ordinance prevails - default County ordinance prevails County ordinance prevails in specific policy areas County ordinance prevails but cities permitted to have more stringent standards

37 Citizen Participation Charter Choices Ordinances and charter amendments proposed by petition Policy Issues By what percentage/distribution of electorate? Excluding which subject areas? Procedure for BoCC action Recall

38 What are the steps for charter formation? Charter commission BoCC establishes or Petition process Special act Florida Legislature Ordinance Advisory committees Countywide electorate vote required

39 Charter Formation Special Act Ordinance Charter Review Comm Duval Alachua Brevard Pinellas Hillsborough Broward Volusia Lee Charlotte Leon Clay Orange Columbia Osceola Miami-Dade Palm Beach Polk Seminole Sarasota Wakulla

40 What are the steps to change a charter? Amendments proposed by: BoCC Citizen Petition Charter Review Commission Countywide electorate vote required

41 Hot Topic Issues Constitutional Officers Term Limits Salary Cap Adjustments Legislative Limitations/Pre-exemptions and unfunded mandates

42 Questions