Item P09Meeting Date: Januga 16 2008 - KW
Bulk Item: Yes No X
Division County Attorney
Staff Contact Person: Suzanne Hutton #3473
AGENDA ITEM WORDING:
A Public Hearing to consider approval of an ordinance to clarify appointment authority of the Shared
Asset Forfeiture Fund Advisory Board and specify length of terms of members.
ITEM BACKGROUND:
During the course of review of the ordinance with the Sheriffs counsel, it was noted that the
appointment process is not consistent with the principle that the County Commission may not delegate
its discretionary authority, and that there was no provision for the terms of the members.
PREVIOUS RELEVANT BOCC ACTION:
12/19/07 BOCC granted approval to advertise/hold Public Hearing 1/16/08
Ordinance No. 30-2000 establishing the advisory board and its functions
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: N/A
COST iTO COUNTY: N/A
BUDGETER: Yes N/A No
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUME NTATION: Included X Not Required
WHEREAS, the Monroe County Board of County Commissioners, in Ordinance No. 30-
2000, established the Monroe County .Shared Asset Forfeiture Fund Advisory Board (board) for
the purpose of conducting public hearings and making recommendations to the board of county
commissioners regarding the expenditure of funds in the sheriff's shared asset forfeiture fund
(SAFF) account, as codified in Monroe County Code Section 2-601, et. seq.; and
WHEREAS, the ordinance provided for two members of the advisory board to be
appointed by the Sheriff; and
WHEREAS, the Board of County Commissioners may not delegate their discretion to
make appointments to advisory boards without setting up an appointment process with such
detailed criteria as to remove discretion from the process; and
WHEREAS, it is deemed in the best interests of the public to clarify the authority for
appointment of members to the advisory board, and their terms of appointment; now therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONR051
COUNTY, FLORIDA: I
Section 1. Sec. 6-201(b), Monroe County Code is hereby amended to read as follows:
(b) The board consists of seven (7) members appointed by the Board of County Commissioners
upon the following „nominations. One (1) appeiR*d nominated by each county commissioner and
two (2) nominated by the sheriff. A vacancy shall be filled by nomination by the
commissioner for the district. or the sheriff, who made the previous appointment for the vacant
seat. Each member shall serve a two ear term and may be reappointed without limitation on the
number of consecutive terms served. The sheriff's ;eneral counsel is the counsel to the board.
The sheriff shall furnish a secretary to board to keep the minutes and records of the board. The
sheriff is the custodian of the board's records. The board must annually elect a chairman and vice
chairman. The board may adopt such rules of procedure as it deems necessary and may amend
such rules from time to time. The board members are not entitled to any compensation for their
service on the board but are entitled to reimbursement for expenses pursuant to F.S. § 112.06L
Section 2. This Ordinance shall take effect on , provided that this Ordinance
shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes.
SAFF Adv Sd Ordinance 2008
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the th day of , 2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Mario DiGennaro
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie M.Spehar
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
RE
By_
Mayor/Chairperson
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
SAFF Adv Bd Ordinance 2008 2