KSA Govcouncnt31 ConSUlia'lls MEMORANDUM TO: FROM: Polk County Charter Review Commission Kurt Spitzer DATE: RE: March 10 th Meeting Information The purpose of this memorandum is to summarize the issues that you have tentatively identified for further consideration as potential charter amendments. 1. Code of Ethics There has been significant discussion centering on a Code of Ethics for the County Commission, and possibly certain county staff and other county elected officials. There are numerous approaches that could be taken by the Chmiel' Review Commission (CRC) in this policy area. Generally, your options are: 1. Take no action. 2. Adopt a Resolution recommending that the Board of County Commissioners pass a formal ordinance adopting a Code of Ethics. 3. Propose a charter amendment directing the Board of County Commissioners to adopt an ordinance implementing a Code of Ethics. 4. Propose a charter amendment directing the Board of County Commissioners to adopt an ordinance implementing a Code of Ethics, including a level of specificity in terms of the content ofthe Code. 5. Propose a charter amendment providing for a citizens commission to prepare a Code of Ethics to be presented to the Board of County Commissioners. In the absence of Post Office Box 867 Tallahassee, Florida 32302 850/561 0904 FAX 850/222-4 f 24
PolkCRC Page two adoption by the BCC, the Code would be presented to the public for their consideration as an ordinance. In addition to questions of which offices the Code might apply to, there are questions of which policy areas should be addressed by the Code (gifts, post-employment restrictions on employees, etc.) and whether there is a specific local enforcement body. 2. Non-partisan Elections of the County Commission Elections for the Board of County Commissioners currently occur on a partisan basis, with candidates competing in primary elections to receive the nomination as the Democratic or Republican nominee to appear on the general election ballot. This is the "default" system of elections for County Commissioners and Constitutional Officers. Such elections could occur on a non-partisan basis, without regard to party affiliation. All of the County Constitutional Officers in Polk County, all city officials and all members of the School Boards in Florida are elected on a non-partisan basis. Most charter counties have retained the partisan system of elections for County Commissioners. Retaining a partisan system of elections offers the following advantages: 0/ Requiring candidates to run on the basis of party affiliation helps to identify the candidate's political traits and characteristics. 0/ The role and influence of the local political party tends to be more pronounced in partisan elections. 0/ When qualifying as a candidate by paying a fee in partisan contests, the filing fee is a total of six percent of the office's annual salary. An amount equal to one percentage point is remitted to the Election Commission's Trust Fund at the State of Florida. A total of five percentage points is remitted to the respective state political party's executive committee. Switching to a non-partisan system of elections offers the following advantages: 0/ Party affiliation is a less important and relevant indicator of future "job performance" in contests for local office than it is for state or federal office. There is no "Republican or Democratic way to fix a pothole." 0/ Electing Commissioners on a non-partisan basis lessens the role and influence of the local political parties.
PolkCRC Page three./ When qualifying for office by payment of filing fees, the fees in non-partisan elections are four percent of the office's annual salary. Of that amount, one percentage point is remitted to the Election Commission's Trust Fund. However, the remaining three percentage points are remitted to the general revenue fund ofthe county. County charters providing for non-partisan elections of County Commissioners are:./ Columbia (all county officials)./ Duval ("unitary" elections)./ Miami-Dade./ Orange (all county officials)./ Leon./ Volusia (all county officials) 3. Size of the County Commission and Districting System Suggestions were made to consider amendments that would increase the number of Commissioners either by a fixed amount (e.g. to seven) or to consider a mechanism by which the number of Commissioners automatically increases in proportion to population. Iknow of no charters that provide for a mechanism by which the number of Commissioners is automatically adjusted by the change in population of the county. If such is constitutionally permissible, such systems could bring ancillary issues to address, such as redistricting more frequently than is required by Florida Constitution or statutes, adjusting the number of commission aides and office space to the number of Commissioners, etc. Further, a regular review of the size of the County Commission and recommending revisions thereto is certainly within the purview of the CRC, which meets every eight years, or the County Commission, who may also place similar amendments on the ballot during any general election. Polk is now one of the largest counties retaining a system of five County Commissioners elected on an at-large basis. The first policy issue to address is why increase the number of Commissioners../ Workload ~ As urban counties grow and become more complex, the demands placed on Commissioners' time increase. While some such requirements may be for ceremonial purposes, others aloeto participate on committees or other bodies where votes aloetaken, including those where funding and other policy decisions are made affecting Polk County.
PolkCRC Page four./ Representation - Even if a system of all at-large commission districts was retained, there is a likelihood that there will be increased diversity of opinions brought to the Board, since there will be more narrowly drawn residence districts. <I' Districting Alternatives - More numerous alternatives in terms of districting systems are available if the number of commissioners is increased beyond five. The Pinellas County Charter Review Commission went through a similar exercise in 1998. At that time, the Board of County Commissioners (BCC) had five members elected on an at-large basis. The CRG adopted a measure to increase the Commission to seven members (also elected on an at-large basis) largely in response to a concern that the increase in workload required of Commissioners was outstripping their ability to participate in decision-making meetings at which the County's representation was important, At the adoption of the proposal by the CRC, Pinellas County's population was 900,000 people; it had 24 municipalities; and, it was part of an urban area of around 3,000,000 residents. Proposing an amendment to alter the number of Commissioners and/or the districting methodology is within the purview of the CRC. Charters in counties with more than 500,000 residents have adopted the following policies in that regard: County Volusia Brevard Polk Lee Duval Pinellas Orange Hillsborough Palm Beach Broward Miami-Dade Population 508~014 552,109 581,058 615,741 897,597 944,199 1,105,603 1,192,861 1,295,033 1,765,707 2,462,292 Districting Scheme 5 singlel2 at-large 5 single 5 at-large 5 at-large 14/5 with Elected Executive 4 single/3 at-large 6 single with Elected Mayor 4 single/3 at-large 7 single 9 single 13 single with Elected Executive If the CRC decides that a seven-member BCC is desirable, the alternative districting systems are:./ Seven residing in specific residence areas but elected by all of the voters countywide../ Seven residing in single-member districts and elected only by the voters within said districts../ Five elected from single-member districts and two at-large. The last CRC adopted a recommendation for a 5/2 system but that amendment failed at the ballot.
Polk CRC Page five./ Three elected from single-member districts arid three from at-large districts. Discussion: At-Large Districts Most programs and budgetary decisions that a County Commission considers are delivered on a countywide basis. It is therefore important that the members of the governing body are elected by and reflect the interests of all areas of the County. Retaining a system of at-large elections allows each voter in the county to vote for all seven members of the Commission. Requiring that the Commissioners reside in "residence" districts, even though elected countywide, helps to ensure that the views of a specific area of the county are not overly reflected on the BCC and tends to ensure that a greater diversity of opinion is brought to the BCC. However, electing Commissioners on an at-large basis may make office holders less responsive to the needs of their district area and can result in situations where a Commissioner is elected countywide but did not receive majority support within his or her own residence area. Discussion: Single-Member Districts Persons elected from single-member districts are generally more responsive to and reflective of their district. Implementing a system of seven such districts will likely increase the opportunity for the creation of a minority-majority or a minority-influence district, although this is dependent upon demographics of the county and how the districts are drawn by the BCC. Also, some costs of campaigning for single-member districts may be lower than those for an at-large seat. While persons elected from single-member districts may be more responsive to the interests of their district, they may also be less responsive to the needs of the remaining areas of the county, and may lead to a system where decision-making is more parochial than that found with at-large districts. As such, the need for a stronger administrative position, whether elected or appointed, may become more important. Discussion: A1ixed Disfricting Systems Alternatives such as a system of five single-member districts and two at-large, or four singlemember and three at-large attempt to strike balance between the two districting systems as discussed above. Both systems retain some of the at-large positions but include a majority of single-member seats. The existence of two or three commissioners elected at-large attempts to bring a countywide perspective to the debate at the BCC. One additional advantage of the four/three system is that it provides that each voter has the ability to vote for a majority of the County Commission - the three Commissioners who are
Polk CRC Page six elected at-large, plus his or her Commissioner who is elected from a single-member district. The chatters in Pinellas and Hillsborough counties provide for this option. In any of the alternatives discussed herein, all single-members districts must be as nearly equal in population as is practicable, as must the residence areas (if any) of any at-large districts. Independent Drawing o[bcc Boundaries The CRC received a suggestion that an independent entity should be responsible for redistricting the boundaries of the commission districts. The drawing of the district boundaries is a duty reserved for the county commission, although the charter may provide for a citizen's advisory committee to make recommendations to the BCC. The Brevard charter contains such a provision. Recommendations from the advisory committee are eventually presented to the County Commission for their final approval. 4. Compensation of the County Commission You have previously been provided with background information concerning the compensation of County Commissioners. The Polk charter was amended via a citizen petition to provide that the compensation of County Commissioners was fixed at $33,500 effective with the commission terms beginning in November 2000. By unanimous vote of the County Commission, compensation may be adjusted by either the most recent average increase in compensation granted to county employees or the percentage change in the consumer price index for the previous year, whichever is less. Voters in charter counties may provide for alternative methods of compensating elected officials, although most charters reference the state statute as the method for determining the salary for county commissioners. The state salary schedule is based on a population-driven formula for all county elected officers. Under the state schedule, the current salaries for County Commissioners in Polk County would be $83,600. An amendment to the charter that concerned compensation was adopted by the first Polk County CRC. The amendment provided that base compensation as specified in the chatter would be adjusted from $33,500 to $49,500 beginning with terms that started in November of 2002. That amendment failed at the ballot.
Polk CRC Page seven 5. Countywide ordinances Although not officially moved to the list of subjects for more discussion, there was a brief conversation at your last meeting concerning whether certain ordinances adopted by the County Commission should be effective countywide. In non-charter counties, most ordinances of the County Commission are not effective within a municipality to the extent of a conflict with the city's ordinance. In charter counties, the charter must specify which ordinance prevails in the event of a conflict in policy; however, the Polk chatter currently provides that municipal ordinances prevail within ci!y limits. About half of the 20 county charters contain at least some provisions that authorize the County Commission to set certain policy standards on a countywide basis. Such provisions recognize the regional nature of county government and that there may be certain areas of policy that should have minimal standards applied throughout the entire county geographic area. Generally, municipal ordinances on similar subjects are permitted so long as they set more stringent standards than that of the county. However, standards within the city could not be lower than that of the county policy. A spreadsheet is attached that summarizes the policies in this area as contained in the other county charters. The most common policy area where the county is authorized to adopt minimal standards is that of environmental protection. 6. Public Campaign Funding Mr. Watts will be providing the CRe with a memorandum concerning a system of public financing of campaigns for county office. Please contact me if you have any questions. Attachment
Charter Counties - Countywide Policy County P01!..ulation2008 Number Cities Countywide Authority? Policy Area Alachua 252,388 9 yes environmental protection if more stringent than that of municipality Brevard 556,213 16 no 8roward 1,758,494 31 yes land use planning; minimum standards for protecting environment Charlotte 165,781 yes impact fees for county facilitites required by new development; countywide comprehensive plan or countywide land development regulations Clay 185,168 4 no Columbia 66,121 2 yes Minimum countywide standards for regulating adult entertainment; environmental protection; outdoor burning: animal control; hours of sale of alcoholic beverages; firearms and weapons; and, Protection of LOS standards for County-maintained roads Thursday, March 04, 2010 Page l of S
County P0E.ulation 2008 Number Cities Countywide Authority? Policy Area Duval 904,971 5 yes (consolidated government) Hillsborough 1.200.541 3 yes EPC Lee 623.725 5 no Leon 274,892 no Miami Dade 2,477,289 35 yes (metropolitan govemment) Orange 1,114.979 13 yes minimum standards for regulating adult entertainment and protecting the environment Osceola 273,709 2 no Thursday, March 04, 2010 Page2of3._--_._._----_._-----------------------------------------------------------
County Po!!.ulation 2008 Number Cities Countywide Authority? Policy Area Palm Beach 1,294,654 38 yes protection of wells and wellfields: impact fees for schools, county parks, solid waste disposal, law enfrocfement, county roads. Pinellas 938,461 24 yes Polk 585,733 17 no Sarasota 393,608 4 no Seminole 426,413 7 yes planning Volusia 510,750 17 yes growth management commission; minimum standards for protection of environment; beach access and unified beach code Wakulla 30,717 2 no Thursday, March 04,2010 Page3()f3 ----- "._----"-----------------------------------------------------