House Bill 1559

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    Florida House of Representatives - 1999                HB 1559

        By Representative Wasserman Schultz






  1                      A bill to be entitled

  2         An act relating to Broward County; revising the

  3         Charter of Broward County; providing for the

  4         office of Mayor of Broward County; providing

  5         for the mayor's election, qualifications,

  6         duties, responsibilities, and powers; providing

  7         duties of certain county officers; providing

  8         for alteration of composition of County

  9         Commission; providing for election, duties,

10         responsibilities, and powers of commissioners;

11         providing for a referendum; providing effective

12         dates.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Section 1.07 of Article I of the Charter of

17  Broward County is amended to read:

18                            ARTICLE I

19                       POWERS OF GOVERNMENT

20         Section 1.07  DIVISION OF POWERS

21         This Charter hereby establishes the separation between

22  the legislative and executive administrative functions of this

23  government; the establishment and adoption of policy shall be

24  the responsibility of the Legislative Branch and the execution

25  of that policy shall be the responsibility of the

26  Administrative Branch. All powers and duties of the government

27  which are legislative or quasi-judicial in nature shall be

28  exercised and performed by the County Commission, except as

29  the County Commission delegates by ordinance. All powers and

30  duties that are executive or administrative in nature shall be

31  exercised or performed by the Mayor or such other executive or

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  1  administrative officer or employee as the Mayor shall

  2  designate, except as otherwise specifically provided for in

  3  this Charter.

  4         Section 2.  Section 2.01 of Article II of the Charter

  5  of Broward County is amended to read:

  6                            ARTICLE II

  7              LEGISLATIVE BRANCH:  COUNTY COMMISSION

  8         Section 2.01  COMPOSITION, TERMS, QUALIFICATIONS AND

  9  COMPENSATION OF MEMBERS

10         A.  The legislative power of the County shall be vested

11  in the Broward County Commission, hereinafter referred to as

12  the "Commission."

13         B.  Before the general election of 2002, the Commission

14  shall be composed of seven (7) members elected countywide. The

15  Commission shall divide the County into seven (7) districts of

16  contiguous territory as nearly equal in population as

17  practical after each decennial census. The seven (7)

18  Commissioners shall be electors of the County and must be

19  residents of the particular district for which seat they seek

20  election at the time of their election for six (6) months

21  prior to the date on which they qualify for election.

22  Commencing subsequent to the presidential preference primary,

23  in 2000, only the qualified electors residing within each

24  individual district may vote for the commissioner representing

25  that district. Commissioners in office and who are removed

26  from their district as a result of redistricting may serve out

27  the balance of their term.

28         C.  Commencing with the general election of 2002, the

29  Commission shall be composed of nine members elected from

30  single-member districts.

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  1         (1)  Subsequent to the decennial census of 2000, but

  2  before the qualification period for the general election of

  3  2002, the Commission shall divide the county into nine

  4  single-member districts of contiguous territory as nearly

  5  equal in population as practicable. This procedure shall be

  6  repeated subsequent to each decennial census. In the division

  7  of the county into nine single-member districts, consideration

  8  shall be given to minority representation on the County

  9  Commission of Broward County. Commissioners in office who are

10  removed from their district as a result of redistricting in

11  2002 or after a subsequent decennial census may serve out the

12  balance of their terms.

13         (2)  Before the qualification period for the general

14  election of 2002, each of the Commission districts shall be

15  assigned a number.

16         (3)  Commissioners holding office in districts 1, 3, 5,

17  and 7 as denominated before the redistricting above provided

18  shall fill district seats 1, 3, 5, and 7 created in this

19  section for the remaining 2 years of their 4-year elected

20  terms.

21         (4)  County Commissioners from districts 2, 4, 6, 8,

22  and 9 shall be elected in the general election of 2002 from

23  districts as redrawn for terms of 4 years.

24         (5)  Only the qualified electors residing within each

25  individual district may vote for the Commissioner representing

26  that district. Each Commissioner must be an elector of the

27  county and must be a resident of the particular district for

28  which he or she seeks election. A Commissioner must be a

29  resident of the district 6 months before the date on which he

30  or she qualifies for election, except as provided for in this

31  section.

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  1         D.B.  The County Commission Commissioners shall be

  2  elected on a partisan basis for staggered terms of 4 four (4)

  3  years. The terms of office shall begin on the Tuesday 2 two

  4  (2) weeks following the day of the general or special

  5  election.

  6         E.  Except as provided in this section, election of

  7  County Commissioners shall be as provided for by law.

  8         F.C.  The Commissioners' salaries shall be determined

  9  and established in accordance with general law pertaining to

10  compensations for Commissioners of non-charter counties. The

11  Commissioners shall not be reimbursed for expenses other than

12  those specifically approved by the Board of County

13  Commissioners. Moneys Monies will only be reimbursed when

14  properly incurred on County business.

15         Section 3.  Sections 2.03 and 2.04 of Article II of the

16  Charter of Broward County are amended, and section 2.06 is

17  added to that article, to read:

18                            ARTICLE II

19              LEGISLATIVE BRANCH:  COUNTY COMMISSION

20         Section 2.03  CHAIR, DUTIES OF THE OFFICERS AND

21  ADMINISTRATORS

22         A.  The Commission shall elect a Chairman or

23  Chairwoman, hereinafter referred to as "Chair," from its

24  number by a majority vote not earlier than the third Tuesday

25  of each November and no later than the third Tuesday of each

26  December of each calendar year. The Chair of the Commission

27  shall serve as the chief officer of the legislative branch of

28  County government and shall devote such time as is necessary

29  to perform the duties of the office. The Chair, in addition to

30  the powers and duties provided elsewhere in this Charter,

31  shall have the specific powers and duties to:

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  1         (1) serve as the presiding officer at all Commission

  2  meetings of the Commission. The Chair shall appoint the

  3  members of all standing committees of the Commission and the

  4  chairperson and vice chairperson of each committee. There

  5  shall be as many standing and special committees as deemed

  6  necessary by the Chair.

  7         (2)  Present annually, at the time designated by the

  8  Commission, a "State of the County" message, setting forth

  9  programs and recommendations to the Commission.

10         (3)  Serve as the official representative and

11  ceremonial dignitary for the government of Broward County,

12  with the prerogative to issue proclamations.

13         (4)  Sign ordinances, resolutions and other legislative

14  documents for the Commission.

15         (5)  Call the Commission into regular and special

16  session.

17         (6)  Preside over the committee charged with reviewing

18  the nominations for department heads by the County

19  Administrator, as provided in Article III.

20         B.  The Commission shall elect from among its members a

21  Vice Chairman Vice-Chairman or Vice Chairwoman Vice-Chairwoman

22  with all the rights, privileges, and duties of the Chair in

23  the absence of the Chair.

24         C.  All functioning duties now prescribed by the

25  Constitution and Laws of Florida for the office of the Clerk

26  of the Circuit Court or County Comptroller, which relate to

27  their duties as the ex-officio Clerk of the Board of County

28  Commissioners, are hereby transferred to the County

29  Administrator or designate. Under the supervision of the

30  Commission, the County Administrator shall:

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  1         (1)  Give due notice of the time and place of

  2  Commission meetings to Commission members and to the public.

  3         (2)  Keep the official journal and minutes of

  4  Commission proceedings.

  5         (3)  Prescribe for the Commission any required

  6  publications of notices, ordinances or resolutions or Charter

  7  amendments.

  8         (4)  Maintain and make available for public inspection

  9  an indexed file containing copies of the Broward County Code,

10  this Charter, every adopted ordinance, resolution, rule,

11  regulation, and code of regulations, and every adopted

12  amendment or notification of any of the foregoing.

13         (5)  Perform such other duties as the Commission may

14  prescribe.

15         Section 2.04  MEETINGS, RULES AND VOTING

16         A.  The County Commission shall meet regularly at such

17  times and places as the Commission may prescribe by rule.

18  Special meetings may be held on the call of the Mayor, the

19  Chair, or a majority of four (4) or more of members of the

20  Commission upon no less than 12 twelve (12) hours effective

21  notice to each member, except in the event of an emergency.

22         B.  The Commission shall determine its own rules and

23  order of business.

24         C.  Voting on motions shall be required, and the vote

25  of each Commissioner shall be recorded in the journal. No less

26  than a majority of the members of the Commission shall

27  constitute a quorum.

28         D.  The Commission may take official action only

29  through the adoption of ordinances or resolutions, except for

30  matters for its own internal procedures or regarding

31  investigations that it conducts.

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  1         E.D.  The Commission, at its organizational meeting,

  2  shall elect its officers by a majority vote to serve for a

  3  period of 1 one (1) year. Such officers may serve consecutive

  4  terms.

  5         Section 2.06  INTERFERENCE WITH EXECUTIVE BRANCH OF

  6  GOVERNMENT

  7         Except for the purpose of enactment of ordinances and

  8  resolutions or inquiries, and investigations, or as otherwise

  9  provided for in this Charter, the Commission or its members

10  shall deal with officers and employees who are subject to the

11  direction or supervision of the Mayor solely through the

12  Mayor, and neither the Commission nor its members may give

13  orders to any such officer or employee, either publicly or

14  privately. Nothing in this section may be construed to

15  prohibit individual members of the Commission from closely

16  scrutinizing, by questions and personal observation, all

17  aspects of county government operations so as to obtain

18  independent information to assist the members in the

19  formulation of policies to be considered by the Commission. It

20  is the express intent of this section, however, that such

21  inquiry not interfere directly with executive or

22  administrative operations of the County and that

23  recommendations for change or improvement in County executive

24  or administrative operations be made to and through the Mayor.

25         Section 4.  Sections 3.01, 3.02, and 3.03 of Article

26  III of the Charter of Broward County are amended, and sections

27  3.04 and 3.05 are added to that article, to read:

28                           ARTICLE III

29             EXECUTIVE ADMINISTRATIVE BRANCH: MAYOR,

30                       COUNTY ADMINISTRATOR

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  1         Section 3.01  ESTABLISHMENT OF EXECUTIVE ADMINISTRATIVE

  2  BRANCH: COMPOSITION

  3         There shall be an executive administrative branch

  4  having jurisdiction over all operations of the County

  5  government not herein assigned to the legislative branch. The

  6  executive administrative branch shall be composed of the

  7  Mayor, the County Administrator, hereinafter referred to as

  8  the "Administrator," the officers and employees of the

  9  administrative officers and executive departments established

10  by this Charter or created by the Commission, and the

11  executive and administrative officers and employees of Boards

12  and Commissions, except as otherwise provided for in this

13  Charter.

14         Section 3.02  OFFICE OF THE MAYOR

15         Election of Mayor:  Commencing with the 2000 general

16  election, the office for Mayor of Broward County shall be

17  filled on a partisan basis for a term of 4 years, which shall

18  begin on the Tuesday 2 weeks following the day of the general

19  election. The election for Mayor shall be conducted in the

20  same manner as that for County Commissioner, except that the

21  Mayor may reside anywhere within Broward County and shall be

22  elected countywide. The Mayor must be a qualified elector

23  residing within Broward County for at least 3 years before

24  qualifying. The Mayor shall not serve as a member of the

25  Commission. The Mayor shall be recognized and function as head

26  of County government and shall devote such time as is

27  necessary to perform the duties of the office. The Mayor shall

28  have the following specific powers and responsibilities:

29         A.  The Mayor shall be the chief executive officer of

30  the County and shall have such executive and administrative

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  1  powers, duties, and functions as are provided in Section 1.07

  2  of this Charter.

  3         B.  The Mayor shall, within 10 days after final

  4  adoption by the Commission, have veto authority over

  5  ordinances or resolutions or any legislative, quasi-judicial,

  6  zoning, comprehensive-plan, or land-use decision of the

  7  Commission, including the budget or any particular component

  8  contained therein which was approved by the Commission;

  9  however, if any revenue item is vetoed, an expenditure item in

10  the same or a greater dollar amount must also be vetoed. The

11  Commission may, at its next regularly scheduled meeting after

12  the veto occurs, overide that veto by a two-thirds vote of the

13  Commissioners present. The Mayor shall have no veto over

14  redistricting as provided in Section 2.01 of this Charter.

15         C.  The Mayor shall appoint the County Administrator.

16  The Commission shall have 10 days within which to override the

17  appointment of the County Administrator made by the Mayor by a

18  vote of two-thirds of the Commissioners then in office. The

19  Mayor may remove the County Administrator. The Commission

20  shall have 10 days within which to override the Mayor's

21  removal of the County Administrator by a two-thirds vote of

22  those Commissioners then in office. Additionally, the

23  Commission, by a two-thirds vote of those Commissioners then

24  in office, may remove the County Administrator without action

25  of the Mayor.

26         D.  The salary and expenses of the Mayor shall be

27  determined and established in the same manner as

28  Commissioners, as provided for in this Charter, except that

29  the salary of the Mayor shall be 150 percent of the salary for

30  a Commissioner.

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  1         E.  The Mayor shall have such administrative and

  2  secretarial staff as are deemed reasonably necessary to serve

  3  the Mayor in the performance of his duties. Such

  4  administrative and secretarial staff shall serve at the

  5  pleasure of the Mayor.

  6         F.  The Mayor shall prepare and submit the annual

  7  budget and capital program to the Commission, execute the

  8  budget and capital program in accordance with appropriations

  9  and ordinances adopted by the Commission, and carry into

10  execution such other powers or duties as are required by this

11  Charter or prescribed by the Commission.

12         G.  The Mayor or the Mayor's designee shall sign all

13  administrative or ministerial documents on behalf of the

14  County, including, but not limited to, contracts, grant

15  applications, satisfactions, and releases when such signature

16  is not inconsistent with the laws of this state.

17         H.  The Mayor shall have, in addition, the following

18  powers and duties:

19         (1)  To present annually, at a time designated by the

20  Commission, a "State of the County" message, setting forth

21  programs and recommendations.

22         (2)  To serve as the official representative and

23  ceremonial dignitary for the government of Broward County,

24  with the prerogative to issue proclamations.

25         (3)  To sign ordinances, resolutions, and other

26  legislative documents.

27         I.  All functioning duties now prescribed by the

28  Constitution and laws of this state for the office of the

29  Clerk of the Circuit Court or County Comptroller which relate

30  to their duties as the ex officio Clerk of the Board of County

31  Commissioners are transformed to the Mayor or his or her

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  1  designee. Under the supervision of the Major, the County

  2  Administrator shall:

  3         (1)  Give due notice of the time and place of

  4  Commission meetings to Commission members and to the public.

  5         (2)  Keep the official journal and minutes of

  6  Commission proceedings.

  7         (3)  Prescribe for the Commission any required

  8  publication of notices, ordinances, resolutions, or Charter

  9  amendments.

10         (4)  Maintain and make available for public inspection

11  an indexed file containing copies of the Broward County Code;

12  this Charter; every adopted ordinance, resolution, rule,

13  regulation, and code of regulations; and every adopted

14  amendment or notification of any of the foregoing.

15         Section 3.02  COUNTY ADMINISTRATOR: QUALIFICATIONS;

16  ABSENCES AND DISABILITIES; REMOVAL

17         The Commission shall appoint the County Administrator

18  by a vote of one (1) more than that which would constitute a

19  majority vote of the full commission and can dismiss by a

20  majority vote of the full commission. The Administrator shall

21  be the head of the administrative branch and shall serve at

22  the will of the Commission.

23         A.  Qualifications: The Administrator shall be chosen

24  on the basis of qualifications required by a job description

25  to be prepared by the Commission within thirty (30) days from

26  the effective date of this Charter.

27         B.  Absences, or disabilities. By a letter filed with

28  the Commission, the Administrator may designate a qualified

29  County Administrative Officer or County employee to exercise

30  the powers and perform the duties of the Administrator during

31  the Administrator's temporary absence or disability. If the

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  1  Administrator fails to make such a designation, or if there is

  2  a vacancy in the office of Administrator, the Commission shall

  3  designate by resolution a qualified County Administrative

  4  Officer or County employee to perform the duties of the

  5  Administrator during absence, disability or suspension, or

  6  during the vacancy in the office of Administrator.

  7         Section 3.03  MAYOR: ABSENCE, INCAPACITY, VACANCY

  8         A.  During any absence of the Mayor from Broward

  9  County, the Chair of the County Commission shall automatically

10  serve as acting Mayor, with emergency powers to act only when

11  the people's interest requires and with such additional powers

12  as the Mayor designates.

13         B.  If the Mayor becomes incapable of performing the

14  duties of the office, or if the Mayor is suspended in the

15  exercise of his office, and in either case as long as the

16  incapacity or suspension lasts, the Chair of the County

17  Commission shall automatically serve as Acting Mayor, with all

18  powers of the office.

19         C.(1)  If there is a vacancy in the office of Mayor

20  when there is less than 180 days remaining before the next

21  regular countywide or general election, the County Commission

22  shall, by a majority vote of those Commissioners then in

23  office, choose a successor to serve as Mayor until that

24  election, at which a Mayor shall be elected for the remainder

25  of the unexpired term.

26         (2)  If no countywide or general election is scheduled

27  within 180 days after the vacancy in the office of Mayor, the

28  County Commission shall first schedule a special election,

29  including all necessary primary elections, to fill the

30  unexpired term of the Mayor no sooner than 60 days, or more

31  than 90 days, following the occurrence of the vacancy. The

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  1  special election shall be conducted in the same manner as the

  2  regular election for Mayor.

  3         (3)  During the vacancy of the office of Mayor, the

  4  Chair of the County Commission shall serve as Acting Mayor,

  5  with all powers of the office.

  6         Section 3.03  POWERS, FUNCTIONS AND DUTIES OF THE

  7  COUNTY ADMINISTRATOR

  8         A.  The Administrator shall be the chief administrative

  9  officer of the County. The Administrator shall be responsible

10  to the Commission for the proper administration of all County

11  affairs placed in the Administrator's charge by or under this

12  Charter. The Administrator shall direct and supervise the

13  administration and functions of the County or of its

14  departments, divisions, offices or agencies, except when

15  prohibited by the Constitution and Laws of Florida and except

16  when such functions are specifically assigned by this Charter

17  to any department, division, office or agency whose head is

18  not appointed by the Administrator.

19         B.  Except as otherwise provided by the Constitution

20  and Laws of Florida, or by this Charter, the Administrator

21  shall appoint and, when deemed necessary for the good of the

22  County, can suspend and remove County employees. The

23  Administrator may authorize any appointive County department

24  head to appoint, suspend or remove subordinates in that

25  officer's department, division, office or agency. The

26  Administrator shall have the power to nominate all

27  administrative department heads of the County government and

28  said nominations must be approved by a majority vote of the

29  Commission. The right to suspend, remove or discharge any

30  department head is reserved to the Administrator.

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  1         C.  The Administrator shall see that all ordinances,

  2  resolutions and orders of the Commission and all laws of the

  3  State which are subject to enforcement by the Administrator,

  4  or by officers who are subject under this Charter to the

  5  Administrator's direction and supervision, are faithfully

  6  executed.

  7         D.  The Administrator shall prepare and submit the

  8  annual budget and capital program to the Commission and

  9  execute the budget and capital program in accordance with

10  appropriations and ordinances adopted by the Commission.

11         E.  The Administrator shall regularly examine the

12  accounts, records and operations of every County department,

13  division, office or agency. The Administrator shall make

14  regular monthly reports to the Commission on County affairs;

15  and shall keep the Commission fully advised on the financial

16  condition and future needs of the County and make such

17  recommendations on County affairs as deemed desirable by the

18  Administrator.

19         F.  The Administrator shall submit to the Commission at

20  the end of the fiscal year a complete report on the finances

21  and administrative activities of the County for the preceding

22  year and prepare and make available for distribution to the

23  public, within three (3) months after the end of each fiscal

24  year, an annual report on County affairs during that fiscal

25  year.

26         G.  The Administrator shall carry into execution such

27  other powers or duties as are required by this Charter or may

28  be prescribed by the commission.

29         H.  The Administrator shall coordinate all funding

30  programs of all other governmental units with the County

31  government.

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  1         I.  The Administrator shall sign all administrative or

  2  ministerial documents on behalf of the Commission including,

  3  but not limited to, contracts, grant applications,

  4  satisfactions, and releases when signature by the

  5  Administrator is not inconsistent with the laws of the State

  6  of Florida.

  7         Section 3.04  COUNTY ADMINISTRATOR; QUALIFICATIONS;

  8  ABSENCES AND DISABILITIES

  9         A.  Qualifications: The Administrator shall be chosen

10  on the basis of qualifications required by a job description

11  to be submitted by the Mayor, filed with the Commission,

12  within 30 days after the effective date of this Charter.

13         B.  Absences, or disabilities. By a letter filed with

14  the Commission, the Mayor shall designate a qualified County

15  Administrative Officer or County employee to exercise the

16  powers and perform the duties of the Administrator during the

17  Administrator's temporary absence or disability, subject to

18  Section 3.02C.

19         Section 3.05  POWERS, FUNCTIONS, AND DUTIES OF THE

20  COUNTY ADMINISTRATOR

21         A.  The County Administrator shall be the chief

22  operating officer of the County. The Administrator shall be

23  responsible to the Mayor for the proper administration of all

24  County affairs placed in the Administrator's charge by the

25  Mayor or by this Charter. The Administrator shall direct and

26  supervise the day-to-day administration and functions of the

27  County or of its departments, divisions, offices, or agencies,

28  under the supervision of the Mayor, except when prohibited by

29  the Constitution and laws of this state and except when such

30  functions are specifically assigned by this Charter to any

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  1  department, division, office, or agency whose head is not

  2  appointed by the Administrator.

  3         B.  Except as otherwise provided by the Constitution

  4  and laws of this state or by this Charter, the Administrator

  5  shall appoint and, when deemed necessary for the good of the

  6  County, may discipline and remove County employees. However,

  7  County department heads shall be appointed, disciplined, and

  8  removed only with consent of the Mayor. The Administrator may,

  9  with the consent of the Mayor, authorize any appointive County

10  department head to appoint, suspend, or remove subordinates in

11  that officer's department, division, office, or agency.

12         C.  The Administrator, under the direction of the

13  Mayor, shall see that all ordinances, resolutions, and orders

14  of the Mayor and all laws of the state which are subject to

15  enforcement by the Mayor, Administrator, or officers who are

16  subject under this Charter to the Mayor's or Administrator's

17  direction and supervision are faithfully executed.

18         D.  The Administrator, at the direction of the Mayor,

19  shall regularly examine the accounts, records, and operations

20  of every County department, division, office, or agency. The

21  Administrator shall make regular monthly reports to the Mayor

22  and Commission on County affairs and shall keep the Mayor and

23  Commission fully advised on the financial condition and future

24  needs of the County and make recommendations on County affairs

25  when assigned to do so by the Mayor.

26         E.  The Administrator, at the direction of the Mayor,

27  shall submit to the Commission at the end of the fiscal year a

28  complete report on the finances and administrative activities

29  of the County for the preceding year and prepare and make

30  available for distribution to the public, within 3 months

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  1  after the end of each fiscal year, an annual report on County

  2  affairs during that fiscal year.

  3         F.  The Administrator, under the direction of the

  4  Mayor, shall coordinate all funding programs of all other

  5  governmental units with the County government.

  6         G.  The Administrator shall perform such other duties

  7  and have such other functions as the Mayor prescribes.

  8         H.  Neither the Mayor nor any Commissioner shall be

  9  eligible for the position of Administrator during, or within 2

10  years after the expiration of, their respective terms.

11         Section 5.  Sections 4.01, 4.02, 4.03, 4.04, 4.05,

12  4.06, and 4.08 of Article IV of the Charter of Broward County

13  are amended to read:

14                            ARTICLE IV

15         EXECUTIVE ADMINISTRATIVE DEPARTMENTS, DIVISIONS,

16                       OFFICES AND AGENCIES

17         Section 4.01  GENERAL PROVISIONS

18         The citizens of Broward County expect certain services

19  to be provided to them by departments, divisions, offices, and

20  agencies of County government.

21         A.  The activities under the direction and supervision

22  of the Mayor Administrator shall be distributed in an

23  administrative organization which will efficiently and

24  effectively provide, in the manner prescribed by the

25  Administrative Code:

26         (1)  General Government Services;

27         (2)  Public Safety Services;

28         (3)  Physical Environmental Services;

29         (4)  Transportation Services;

30         (5)  Human Services;

31         (6)  Cultural and Recreation Services;

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  1         (7)  Economic Environmental Services; and

  2         (8)  Other such services as prescribed by the

  3  Commission.

  4         B.  The activities under the direction and supervision

  5  of the Mayor Administrator shall be distributed among such

  6  departments, divisions, offices, and agencies as are

  7  established by this Charter or may be established or abolished

  8  by Administrative Code.

  9         C.  Except as otherwise provided in this Charter, or in

10  the Administrative Code, each such department, division,

11  office, or agency shall be administered by an officer

12  appointed by the County Administrator under and subject under

13  this Charter to the direction and supervision of the Mayor

14  Administrator. Unless otherwise prohibited by this Charter, or

15  by the Administrative Code, the County Administrator may serve

16  as the head of one (1) or more such departments, divisions,

17  offices, or agencies and may appoint one (1) person as the

18  head of two (2) or more such departments, divisions, offices,

19  or agencies.

20         Section 4.02  DEPARTMENT OF FINANCE AND ADMINISTRATIVE

21  SERVICES

22         A.  There shall be a Department of Finance and

23  Administrative Services which shall be responsible for the

24  administration of all financial affairs of County government

25  under direction and supervision of the Mayor.

26         B.  The Office of Tax Collector is hereby abolished,

27  and all functions and duties of that office are hereby

28  transferred to the Department of Finance and Administrative

29  Services.

30         C.  All fiscal functions and duties now prescribed by

31  the Constitution and Laws of Florida for the office of Clerk

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  1  of the Circuit Court and County Comptroller which relate to

  2  their duties as the custodian of all County funds, auditor and

  3  recordation of public documents are hereby transferred to the

  4  Department of Finance and Administrative Services. The Office

  5  of County Comptroller is hereby abolished.

  6         D.  The Department of Finance and Administrative

  7  Services shall:

  8         (1)  Assist the appropriate officer or officers of

  9  Charter Government in the preparation and execution of the

10  County budget and capital program.

11         (2)  Submit to the Mayor appropriate officer or

12  officers of Charter Government through the Administrator at

13  the end of each fiscal year a written report of the financial

14  transactions of that year and a complete statement of the

15  financial condition of the County at the end of the year.

16         (3)  Perform such other duties as are may be prescribed

17  by the Mayor Administrative Code.

18         Section 4.03  OFFICE OF THE COUNTY ATTORNEY

19         There shall be an Office of the County Attorney. The

20  County Attorney shall be the chief legal counsel to the County

21  and direct and supervise that office. The County Attorney

22  shall be appointed and removed in the same manner as provided

23  for in this Charter for the position of the County

24  Administrator by and serve at the pleasure of the Commission.

25  The County Attorney may appoint attorney assistants. The

26  County Attorney may appoint special counsel as may be required

27  upon approval of the Commission and Mayor. They shall

28  represent the Mayor, the County government, the Commission,

29  the County Administrator, and the department heads and County

30  officers, all other departments and divisions of County

31  government, and all Adjustment, Regulatory, and Advisory

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  1  Boards in all legal matters affecting the County government;

  2  and, upon request, they shall represent all Constitutional

  3  Officers serving Broward County. The County Attorney and all

  4  assistant attorneys must shall be licensed to practice law in

  5  the State of Florida.

  6         4.04  CENTRAL SERVICES

  7         There shall be contained within the Administrative Code

  8  of Broward County the operational components related to the

  9  following functions under the direction and supervision of

10  Mayor and County Administrator:

11         A.  Personnel;

12         B.  Purchasing;

13         C.  Data Processing;

14         D.  Vehicle Operations and Maintenance;

15         E.  Records;

16         F.  Building and Maintenance; and

17         G.  All other functions as are determined by the Board

18  of County Commissioners by ordinance or resolution.

19         The aforementioned components shall be provided to all

20  departments, divisions, offices, and agencies of County

21  government and all such departments, divisions, offices, and

22  agencies shall be required to use said services. In an effort

23  to improve the cost effectiveness of County government, all

24  such services shall also be available to the Constitutional

25  Officers who are not required by law to use them but who may

26  find benefits for doing so. In addition, the advantages and

27  provision of such functions, individually or in tandem, with

28  the Constitutional Officers should be explored and utilized

29  when appropriate. The extension of those functions to

30  municipalities and the benefits of coordination and

31  standardization in the sharing of these resources should

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  1  likewise be explored and utilized when appropriate. Whenever

  2  possible, interlocal agreements between County government and

  3  municipalities should be encouraged so as to enhance the

  4  quality of life to the citizens of Broward County.

  5         Section 4.05  TRANSPORTATION SERVICES

  6         Given the importance of transportation services, the

  7  responsibilities for County transportation services shall be

  8  integrated and afforded a highly visible and prominent

  9  position within the organization of the Administration to

10  include an Office of Transportation or a Department of

11  Transportation subject to the Mayor of Broward County.

12         Section 4.06  OFFICE OF COUNTY COMMISSION AUDITOR

13         The Commission shall appoint an auditor who shall be a

14  Certified Public Accountant. At the time of the appointment,

15  the auditor must shall have and maintain an active license,

16  must shall be certified under the Public Accountancy Law in

17  Florida, and must shall have sufficient experience in

18  governmental accounting and auditing practices.

19         The auditor shall be responsible for the maintenance of

20  internal controls and for the performance of such other duties

21  assigned by the Commission. To the degree necessary to fulfill

22  the responsibilities of the office, the auditor shall have the

23  power and authority to:

24         A.  Conduct financial and compliance, economy and

25  efficiency, and performance audits of Charter government and

26  officials with written reports submitted to both the Mayor,

27  the Commission, and the Administrator.

28         B.  Have free and unrestricted access to Charter

29  government employees, officials, records, and reports; and,

30  where appropriate, require all branches, departments, and

31

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  1  officials of Charter government to provide oral and written

  2  reports and to produce documents, files, and other records.

  3         Section 4.08  ADMINISTRATIVE CODES

  4         A.  The Administrator under the direction of the Mayor

  5  shall prepare an Administrative Code that sets which shall set

  6  forth departmental organization of the government and the

  7  nature and scope of each department together with all required

  8  rules and procedures for the operation of such said

  9  departments and a comprehensive budget procedure. The County

10  Commission shall review and adopt, with or without amendment,

11  the Administrative Code. The Administrator under the direction

12  of the Mayor Administration may, from time to time, submit any

13  changes in any or all department organizations, including

14  combinations, deletions, and creations of departments or

15  divisions and transfer of responsibility between departments

16  and divisions, to the Commission for review, amendment, and/or

17  adoption. Additionally, the Administrator under the direction

18  of the Mayor shall provide at least annually an organizational

19  chart outlining the current structure of the County

20  government.

21         B.  The Administrative Code shall include the rules and

22  regulations for a personnel system which shall include a

23  salary schedule, provisions for vacations, sick leaves,

24  insurance benefits and other benefits for all persons in

25  accordance with the provisions of this Charter, and to

26  formulate a procedure whereby an employee will have an

27  opportunity to be heard upon his request pending discharge,

28  suspension or any designated disciplinary action, and provide

29  for such other duties as are necessary for an efficient

30  personnel system consistent with state and federal laws.

31

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  1         Section 6.  The office of Mayor of Broward County is

  2  created effective November 21, 2000, to be filled by the

  3  electors of Broward County at the general election in 2000.

  4  The Board of County Commissioners of Broward County shall

  5  schedule an election in accordance with the provisions of law

  6  relating to elections currently in force in Broward County for

  7  the general election of 2000. The subject of such election

  8  shall be the election of Commissioners of Broward County, in

  9  accordance with section 2 of this act, and the election of the

10  Mayor of Broward County in accordance with section 3.02 of

11  Article III of the Charter of Broward County, as amended by

12  section 4 of this act. In this election, the procedures

13  prescribed in sections 101.6101-101.6107, Florida Statutes,

14  may not be used.

15         Section 7.  This act, except for this section, which

16  shall take effect upon becoming a law, shall take effect only

17  if it is approved by a majority vote of those qualified

18  electors of Broward County voting in a referendum to be held

19  by the Board of County Commissioners of Broward County on the

20  date of the presidential preference primary in 2000, in

21  accordance with the provisions of law relating to elections

22  currently in force in Broward County. In this election, the

23  procedures prescribed in sections 101.6101-101.6107, Florida

24  Statutes, may not be used.  If this act is approved, it will

25  take effect November 21, 2000, except that section 6 shall

26  take effect on approval of this act.

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