House Bill 1559e2
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HB 1559, Second Engrossed/ntc
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 a ballot question; providing for a
12 referendum; providing effective 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 at
2 least 6 months before the qualification period for the general
3 election of 2002, the Commission shall divide the county into
4 nine single-member districts of contiguous territory as nearly
5 equal in population as practicable. This procedure shall be
6 repeated within 6 months after publication of each decennial
7 census. In the division of the county into nine single-member
8 districts, consideration shall be given to minority
9 representation on the County Commission of Broward County.
10 Commissioners in office who are removed from their district as
11 a result of redistricting in 2002 or after a subsequent
12 decennial census may serve out the 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. Any subsequent term shall begin on the first Tuesday
20 after the first Monday in January following the general
21 election. The election for Mayor shall be conducted in the
22 same manner as that for County Commissioner, except that the
23 Mayor may reside anywhere within Broward County and shall be
24 elected countywide. The Mayor must be a qualified elector
25 residing within Broward County for at least 3 years before
26 qualifying. The Mayor shall not serve as a member of the
27 Commission. The Mayor shall be recognized and function as head
28 of County government and shall devote such time as is
29 necessary to perform the duties of the office. The Mayor shall
30 have the following specific powers and responsibilities:
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1 A. The Mayor shall be the chief executive officer of
2 the County and shall have such executive and administrative
3 powers, duties, and functions as are provided in Section 1.07
4 of this Charter.
5 B. The Mayor shall, within 10 days after final
6 adoption by the Commission, have veto authority over
7 ordinances or resolutions or any legislative, quasi-judicial,
8 zoning, comprehensive-plan, or land-use decision of the
9 Commission, including the budget or any particular component
10 contained therein which was approved by the Commission;
11 however, if any revenue item is vetoed, an expenditure item in
12 the same or a greater dollar amount must also be vetoed. The
13 Commission may, at its next regularly scheduled meeting after
14 the veto occurs, overide that veto by a two-thirds vote of the
15 Commissioners present. The Mayor shall have no veto over
16 redistricting as provided in Section 2.01 of this Charter.
17 C. The Mayor shall appoint the County Administrator.
18 The Commission shall have 10 days within which to override the
19 appointment of the County Administrator made by the Mayor by a
20 vote of two-thirds of the Commissioners then in office. The
21 Mayor may remove the County Administrator. The Commission
22 shall have 10 days within which to override the Mayor's
23 removal of the County Administrator by a two-thirds vote of
24 those Commissioners then in office. Additionally, the
25 Commission, by a two-thirds vote of those Commissioners then
26 in office, may remove the County Administrator without action
27 of the Mayor.
28 D. The salary and expenses of the Mayor shall be
29 determined and established in the same manner as
30 Commissioners, as provided for in this Charter, except that
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1 the salary of the Mayor shall be equal to the salary for the
2 highest paid constitutional officer in Broward County.
3 E. The Mayor shall have such administrative and
4 secretarial staff as are deemed reasonably necessary to serve
5 the Mayor in the performance of his duties. Such
6 administrative and secretarial staff shall serve at the
7 pleasure of the Mayor.
8 F. The Mayor shall prepare and submit the annual
9 budget and capital program to the Commission, execute the
10 budget and capital program in accordance with appropriations
11 and ordinances adopted by the Commission, and carry into
12 execution such other powers or duties as are required by this
13 Charter or prescribed by the Commission.
14 G. The Mayor or the Mayor's designee shall sign all
15 administrative or ministerial documents on behalf of the
16 County, including, but not limited to, contracts, grant
17 applications, satisfactions, and releases when such signature
18 is not inconsistent with the laws of this state.
19 H. The Mayor shall have, in addition, the following
20 powers and duties:
21 (1) To present annually, at a time designated by the
22 Commission, a "State of the County" message, setting forth
23 programs and recommendations.
24 (2) To serve as the official representative and
25 ceremonial dignitary for the government of Broward County,
26 with the prerogative to issue proclamations.
27 (3) To sign ordinances, resolutions, and other
28 legislative documents.
29 I. All functioning duties now prescribed by the
30 Constitution and laws of this state for the office of the
31 Clerk of the Circuit Court or County Comptroller which relate
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1 to their duties as the ex officio Clerk of the Board of County
2 Commissioners are transformed to the Mayor or his or her
3 designee. Under the supervision of the Mayor, the County
4 Administrator shall:
5 (1) Give due notice of the time and place of
6 Commission meetings to Commission members and to the public.
7 (2) Keep the official journal and minutes of
8 Commission proceedings.
9 (3) Prescribe for the Commission any required
10 publication of notices, ordinances, resolutions, or Charter
11 amendments.
12 (4) Maintain and make available for public inspection
13 an indexed file containing copies of the Broward County Code;
14 this Charter; every adopted ordinance, resolution, rule,
15 regulation, and code of regulations; and every adopted
16 amendment or notification of any of the foregoing.
17 Section 3.02 COUNTY ADMINISTRATOR: QUALIFICATIONS;
18 ABSENCES AND DISABILITIES; REMOVAL
19 The Commission shall appoint the County Administrator
20 by a vote of one (1) more than that which would constitute a
21 majority vote of the full commission and can dismiss by a
22 majority vote of the full commission. The Administrator shall
23 be the head of the administrative branch and shall serve at
24 the will of the Commission.
25 A. Qualifications: The Administrator shall be chosen
26 on the basis of qualifications required by a job description
27 to be prepared by the Commission within thirty (30) days from
28 the effective date of this Charter.
29 B. Absences, or disabilities. By a letter filed with
30 the Commission, the Administrator may designate a qualified
31 County Administrative Officer or County employee to exercise
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1 the powers and perform the duties of the Administrator during
2 the Administrator's temporary absence or disability. If the
3 Administrator fails to make such a designation, or if there is
4 a vacancy in the office of Administrator, the Commission shall
5 designate by resolution a qualified County Administrative
6 Officer or County employee to perform the duties of the
7 Administrator during absence, disability or suspension, or
8 during the vacancy in the office of Administrator.
9 Section 3.03 MAYOR: ABSENCE, INCAPACITY, VACANCY
10 A. During any absence of the Mayor from Broward
11 County, the Chair of the County Commission shall automatically
12 serve as acting Mayor, with emergency powers to act only when
13 the people's interest requires and with such additional powers
14 as the Mayor designates.
15 B. If the Mayor becomes incapable of performing the
16 duties of the office, or if the Mayor is suspended in the
17 exercise of his office, and in either case as long as the
18 incapacity or suspension lasts, the Chair of the County
19 Commission shall automatically serve as Acting Mayor, with all
20 powers of the office.
21 C.(1) If there is a vacancy in the office of Mayor
22 when there is less than 180 days remaining before the next
23 regular countywide or general election, the County Commission
24 shall, by a majority vote of those Commissioners then in
25 office, choose a successor to serve as Mayor until that
26 election, at which a Mayor shall be elected for the remainder
27 of the unexpired term.
28 (2) If no countywide or general election is scheduled
29 within 180 days after the vacancy in the office of Mayor, the
30 County Commission shall first schedule a special election,
31 including all necessary primary elections, to fill the
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1 unexpired term of the Mayor no sooner than 60 days, or more
2 than 90 days, following the occurrence of the vacancy. The
3 special election shall be conducted in the same manner as the
4 regular election for Mayor.
5 (3) During the vacancy of the office of Mayor, the
6 Chair of the County Commission shall serve as Acting Mayor,
7 with all powers of the office.
8 Section 3.03 POWERS, FUNCTIONS AND DUTIES OF THE
9 COUNTY ADMINISTRATOR
10 A. The Administrator shall be the chief administrative
11 officer of the County. The Administrator shall be responsible
12 to the Commission for the proper administration of all County
13 affairs placed in the Administrator's charge by or under this
14 Charter. The Administrator shall direct and supervise the
15 administration and functions of the County or of its
16 departments, divisions, offices or agencies, except when
17 prohibited by the Constitution and Laws of Florida and except
18 when such functions are specifically assigned by this Charter
19 to any department, division, office or agency whose head is
20 not appointed by the Administrator.
21 B. Except as otherwise provided by the Constitution
22 and Laws of Florida, or by this Charter, the Administrator
23 shall appoint and, when deemed necessary for the good of the
24 County, can suspend and remove County employees. The
25 Administrator may authorize any appointive County department
26 head to appoint, suspend or remove subordinates in that
27 officer's department, division, office or agency. The
28 Administrator shall have the power to nominate all
29 administrative department heads of the County government and
30 said nominations must be approved by a majority vote of the
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1 Commission. The right to suspend, remove or discharge any
2 department head is reserved to the Administrator.
3 C. The Administrator shall see that all ordinances,
4 resolutions and orders of the Commission and all laws of the
5 State which are subject to enforcement by the Administrator,
6 or by officers who are subject under this Charter to the
7 Administrator's direction and supervision, are faithfully
8 executed.
9 D. The Administrator shall prepare and submit the
10 annual budget and capital program to the Commission and
11 execute the budget and capital program in accordance with
12 appropriations and ordinances adopted by the Commission.
13 E. The Administrator shall regularly examine the
14 accounts, records and operations of every County department,
15 division, office or agency. The Administrator shall make
16 regular monthly reports to the Commission on County affairs;
17 and shall keep the Commission fully advised on the financial
18 condition and future needs of the County and make such
19 recommendations on County affairs as deemed desirable by the
20 Administrator.
21 F. The Administrator shall submit to the Commission at
22 the end of the fiscal year a complete report on the finances
23 and administrative activities of the County for the preceding
24 year and prepare and make available for distribution to the
25 public, within three (3) months after the end of each fiscal
26 year, an annual report on County affairs during that fiscal
27 year.
28 G. The Administrator shall carry into execution such
29 other powers or duties as are required by this Charter or may
30 be prescribed by the commission.
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1 H. The Administrator shall coordinate all funding
2 programs of all other governmental units with the County
3 government.
4 I. The Administrator shall sign all administrative or
5 ministerial documents on behalf of the Commission including,
6 but not limited to, contracts, grant applications,
7 satisfactions, and releases when signature by the
8 Administrator is not inconsistent with the laws of the State
9 of Florida.
10 Section 3.04 COUNTY ADMINISTRATOR; QUALIFICATIONS;
11 ABSENCES AND DISABILITIES
12 A. Qualifications: The Administrator shall be chosen
13 on the basis of qualifications required by a job description
14 to be submitted by the Mayor, filed with the Commission,
15 within 30 days after the effective date of this Charter.
16 B. Absences, or disabilities. By a letter filed with
17 the Commission, the Mayor shall designate a qualified County
18 Administrative Officer or County employee to exercise the
19 powers and perform the duties of the Administrator during the
20 Administrator's temporary absence or disability, subject to
21 Section 3.02C.
22 Section 3.05 POWERS, FUNCTIONS, AND DUTIES OF THE
23 COUNTY ADMINISTRATOR
24 A. The County Administrator shall be the chief
25 operating officer of the County. The Administrator shall be
26 responsible to the Mayor for the proper administration of all
27 County affairs placed in the Administrator's charge by the
28 Mayor or by this Charter. The Administrator shall direct and
29 supervise the day-to-day administration and functions of the
30 County or of its departments, divisions, offices, or agencies,
31 under the supervision of the Mayor, except when prohibited by
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1 the Constitution and laws of this state and except when such
2 functions are specifically assigned by this Charter to any
3 department, division, office, or agency whose head is not
4 appointed by the Administrator.
5 B. Except as otherwise provided by the Constitution
6 and laws of this state or by this Charter, the Administrator
7 shall appoint and, when deemed necessary for the good of the
8 County, may discipline and remove County employees. However,
9 County department heads shall be appointed, disciplined, and
10 removed only with consent of the Mayor. The Administrator may,
11 with the consent of the Mayor, authorize any appointive County
12 department head to appoint, suspend, or remove subordinates in
13 that officer's department, division, office, or agency.
14 C. The Administrator, under the direction of the
15 Mayor, shall see that all ordinances, resolutions, and orders
16 of the Mayor and all laws of the state which are subject to
17 enforcement by the Mayor, Administrator, or officers who are
18 subject under this Charter to the Mayor's or Administrator's
19 direction and supervision are faithfully executed.
20 D. The Administrator, at the direction of the Mayor,
21 shall regularly examine the accounts, records, and operations
22 of every County department, division, office, or agency. The
23 Administrator shall make regular monthly reports to the Mayor
24 and Commission on County affairs and shall keep the Mayor and
25 Commission fully advised on the financial condition and future
26 needs of the County and make recommendations on County affairs
27 when assigned to do so by the Mayor.
28 E. The Administrator, at the direction of the Mayor,
29 shall submit to the Commission at the end of the fiscal year a
30 complete report on the finances and administrative activities
31 of the County for the preceding year and prepare and make
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1 available for distribution to the public, within 3 months
2 after the end of each fiscal year, an annual report on County
3 affairs during that fiscal year.
4 F. The Administrator, under the direction of the
5 Mayor, shall coordinate all funding programs of all other
6 governmental units with the County government.
7 G. The Administrator shall perform such other duties
8 and have such other functions as the Mayor prescribes.
9 H. Neither the Mayor nor any Commissioner shall be
10 eligible for the position of Administrator during, or within 2
11 years after the expiration of, their respective terms.
12 Section 5. Sections 4.01, 4.02, 4.03, 4.04, 4.05,
13 4.06, and 4.08 of Article IV of the Charter of Broward County
14 are amended to read:
15 ARTICLE IV
16 EXECUTIVE ADMINISTRATIVE DEPARTMENTS, DIVISIONS,
17 OFFICES AND AGENCIES
18 Section 4.01 GENERAL PROVISIONS
19 The citizens of Broward County expect certain services
20 to be provided to them by departments, divisions, offices, and
21 agencies of County government.
22 A. The activities under the direction and supervision
23 of the Mayor Administrator shall be distributed in an
24 administrative organization which will efficiently and
25 effectively provide, in the manner prescribed by the
26 Administrative Code:
27 (1) General Government Services;
28 (2) Public Safety Services;
29 (3) Physical Environmental Services;
30 (4) Transportation Services;
31 (5) Human Services;
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1 (6) Cultural and Recreation Services;
2 (7) Economic Environmental Services; and
3 (8) Other such services as prescribed by the
4 Commission.
5 B. The activities under the direction and supervision
6 of the Mayor Administrator shall be distributed among such
7 departments, divisions, offices, and agencies as are
8 established by this Charter or may be established or abolished
9 by Administrative Code.
10 C. Except as otherwise provided in this Charter, or in
11 the Administrative Code, each such department, division,
12 office, or agency shall be administered by an officer
13 appointed by the County Administrator under and subject under
14 this Charter to the direction and supervision of the Mayor
15 Administrator. Unless otherwise prohibited by this Charter, or
16 by the Administrative Code, the County Administrator may serve
17 as the head of one (1) or more such departments, divisions,
18 offices, or agencies and may appoint one (1) person as the
19 head of two (2) or more such departments, divisions, offices,
20 or agencies.
21 Section 4.02 DEPARTMENT OF FINANCE AND ADMINISTRATIVE
22 SERVICES
23 A. There shall be a Department of Finance and
24 Administrative Services which shall be responsible for the
25 administration of all financial affairs of County government
26 under direction and supervision of the Mayor.
27 B. The Office of Tax Collector is hereby abolished,
28 and all functions and duties of that office are hereby
29 transferred to the Department of Finance and Administrative
30 Services.
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1 C. All fiscal functions and duties now prescribed by
2 the Constitution and Laws of Florida for the office of Clerk
3 of the Circuit Court and County Comptroller which relate to
4 their duties as the custodian of all County funds, auditor and
5 recordation of public documents are hereby transferred to the
6 Department of Finance and Administrative Services. The Office
7 of County Comptroller is hereby abolished.
8 D. The Department of Finance and Administrative
9 Services shall:
10 (1) Assist the appropriate officer or officers of
11 Charter Government in the preparation and execution of the
12 County budget and capital program.
13 (2) Submit to the Mayor appropriate officer or
14 officers of Charter Government through the Administrator at
15 the end of each fiscal year a written report of the financial
16 transactions of that year and a complete statement of the
17 financial condition of the County at the end of the year.
18 (3) Perform such other duties as are may be prescribed
19 by the Mayor Administrative Code.
20 Section 4.03 OFFICE OF THE COUNTY ATTORNEY
21 There shall be an Office of the County Attorney. The
22 County Attorney shall be the chief legal counsel to the County
23 and direct and supervise that office. The County Attorney
24 shall be appointed and removed in the same manner as provided
25 for in this Charter for the position of the County
26 Administrator by and serve at the pleasure of the Commission.
27 The County Attorney may appoint attorney assistants. The
28 County Attorney may appoint special counsel as may be required
29 upon approval of the Commission and Mayor. They shall
30 represent the Mayor, the County government, the Commission,
31 the County Administrator, and the department heads and County
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1 officers, all other departments and divisions of County
2 government, and all Adjustment, Regulatory, and Advisory
3 Boards in all legal matters affecting the County government;
4 and, upon request, they shall represent all Constitutional
5 Officers serving Broward County. The County Attorney and all
6 assistant attorneys must shall be licensed to practice law in
7 the State of Florida.
8 4.04 CENTRAL SERVICES
9 There shall be contained within the Administrative Code
10 of Broward County the operational components related to the
11 following functions under the direction and supervision of
12 Mayor and County Administrator:
13 A. Personnel;
14 B. Purchasing;
15 C. Data Processing;
16 D. Vehicle Operations and Maintenance;
17 E. Records;
18 F. Building and Maintenance; and
19 G. All other functions as are determined by the Board
20 of County Commissioners by ordinance or resolution.
21 The aforementioned components shall be provided to all
22 departments, divisions, offices, and agencies of County
23 government and all such departments, divisions, offices, and
24 agencies shall be required to use said services. In an effort
25 to improve the cost effectiveness of County government, all
26 such services shall also be available to the Constitutional
27 Officers who are not required by law to use them but who may
28 find benefits for doing so. In addition, the advantages and
29 provision of such functions, individually or in tandem, with
30 the Constitutional Officers should be explored and utilized
31 when appropriate. The extension of those functions to
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1 municipalities and the benefits of coordination and
2 standardization in the sharing of these resources should
3 likewise be explored and utilized when appropriate. Whenever
4 possible, interlocal agreements between County government and
5 municipalities should be encouraged so as to enhance the
6 quality of life to the citizens of Broward County.
7 Section 4.05 TRANSPORTATION SERVICES
8 Given the importance of transportation services, the
9 responsibilities for County transportation services shall be
10 integrated and afforded a highly visible and prominent
11 position within the organization of the Administration to
12 include an Office of Transportation or a Department of
13 Transportation subject to the Mayor of Broward County.
14 Section 4.06 OFFICE OF COUNTY COMMISSION AUDITOR
15 The Commission shall appoint an auditor who shall be a
16 Certified Public Accountant. At the time of the appointment,
17 the auditor must shall have and maintain an active license,
18 must shall be certified under the Public Accountancy Law in
19 Florida, and must shall have sufficient experience in
20 governmental accounting and auditing practices.
21 The auditor shall be responsible for the maintenance of
22 internal controls and for the performance of such other duties
23 assigned by the Commission. To the degree necessary to fulfill
24 the responsibilities of the office, the auditor shall have the
25 power and authority to:
26 A. Conduct financial and compliance, economy and
27 efficiency, and performance audits of Charter government and
28 officials with written reports submitted to both the Mayor,
29 the Commission, and the Administrator.
30 B. Have free and unrestricted access to Charter
31 government employees, officials, records, and reports; and,
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1 where appropriate, require all branches, departments, and
2 officials of Charter government to provide oral and written
3 reports and to produce documents, files, and other records.
4 Section 4.08 ADMINISTRATIVE CODES
5 A. The Administrator under the direction of the Mayor
6 shall prepare an Administrative Code that sets which shall set
7 forth departmental organization of the government and the
8 nature and scope of each department together with all required
9 rules and procedures for the operation of such said
10 departments and a comprehensive budget procedure. The County
11 Commission shall review and adopt, with or without amendment,
12 the Administrative Code. The Administrator under the direction
13 of the Mayor Administration may, from time to time, submit any
14 changes in any or all department organizations, including
15 combinations, deletions, and creations of departments or
16 divisions and transfer of responsibility between departments
17 and divisions, to the Commission for review, amendment, and/or
18 adoption. Additionally, the Administrator under the direction
19 of the Mayor shall provide at least annually an organizational
20 chart outlining the current structure of the County
21 government.
22 B. The Administrative Code shall include the rules and
23 regulations for a personnel system which shall include a
24 salary schedule, provisions for vacations, sick leaves,
25 insurance benefits and other benefits for all persons in
26 accordance with the provisions of this Charter, and to
27 formulate a procedure whereby an employee will have an
28 opportunity to be heard upon his request pending discharge,
29 suspension or any designated disciplinary action, and provide
30 for such other duties as are necessary for an efficient
31 personnel system consistent with state and federal laws.
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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. The item that shall appear on the ballot on
16 the date of the presidential preference primary of 2000 shall
17 be as follows:
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19 "COUNTY TO BE GOVERNED BY COMMISSIONERS ELECTED
20 FROM SINGLE-MEMBER DISTRICTS AND ELECTED EXECUTIVE MAYOR"
21
22 "Broward County shall be governed by
23 commissioners and elected Mayor. The
24 legislative branch of Broward County shall
25 consist of seven (7) county commissioners
26 elected from single-member districts. The
27 Mayor shall be its chief executive officer with
28 the right of veto over legislative acts. A
29 professional County Administrator shall be the
30 chief operating officer of the county.
31 Subsequent to 2002, nine (9) county
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1 commissioners shall be elected from
2 single-member districts."
3
4 YES
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6 NO
7 Section 8. This act, except for this section, which
8 shall take effect upon becoming a law, shall take effect only
9 if it is approved by a majority vote of those qualified
10 electors of Broward County voting in a referendum to be held
11 by the Board of County Commissioners of Broward County on the
12 date of the presidential preference primary in 2000, in
13 accordance with the provisions of law relating to elections
14 currently in force in Broward County. In this election, the
15 procedures prescribed in sections 101.6101-101.6107, Florida
16 Statutes, may not be used. If this act is approved, it will
17 take effect November 21, 2000, except that section 6 shall
18 take effect on approval of this act.
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