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Item B1 B1 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 Special Charter County Meeting Meeting November 6, 2023 Agenda Item Number: B1 2023-1778 BULK ITEM: No DEPARTMENT: Administration TIME APPROXIMATE: STAFF CONTACT: AGENDA ITEM WORDING: Discussion and direction of draft charter. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: DOCUMENTATION: D FT'_1Vlonroe_County_Charter_10.9.23_revision_October_18_2023_BC7CC_ eeting.pdf FINANCIAL IMPACT: 2 DRAFT—Oct. 9, 2023 ORDINANCE NO. -2024 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA PROVIDING FOR ADOPTION OF A HOME RULE CHARTER; PROVIDING FOR A PREAMBLE; PROVIDING FOR CREATION AND GENERAL POWERS, AND HOME RULE CHARTER GOVERNMENT; PROVIDING FOR BODY CORPORATE, NAME, AND BOUNDARIES, AND PROVIDING FOR CONSTRUCTION; PROVIDING FOR SPECIAL POWERS AND DUTIES OF COUNTY; PROVIDING FOR A MUNICIPAL PURPOSES PROVISION; PROVIDING FOR TRANSFER OF POWERS; PROVIDING FOR SEPARATION OF POWERS AS RELATES TO STATE LAW; PROVIDING FOR CONFLICT OF COUNTY ORDINANCES WITH MUNICIPAL ORDINANCES; PROVIDING FOR A LEGISLATIVE BRANCH BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR COMPOSITION AND REDISTRICTING; PROVIDING FOR QUALIFICATIONS, ELECTIONS, AND TERMS OF OFFICE; PROVIDING FOR SALARY AND OTHER COMPENSATION; PROVIDING FOR VACANCIES AND SUSPENSIONS; PROVIDING FOR POWERS; PROVIDING FOR A CODE OF ORDINANCES AND AN ADMINISTRATIVE CODE; PROVIDING FOR THE POWER RESERVED TO THE PEOPLE TO RECALL COUNTY COMMISSIONERS; PROVIDING FOR APPOINTMENT OF A COUNTY ADMINISTRATOR; PROVIDING FOR THE ADMINISTRATOR'S COMPENSATION AND TERMS OF EMPLOYMENT,POWERS AND DUTIES; PROVIDING FOR NONINTERFERENCE BY BOARD OF COUNTY COMMISSIONERS AND FOR TEMPORARY ABSENCE OR INCAPACITY OF THE COUNTY ADMINISTRATOR; PROVIDING FOR APPOINTMENT OF A COUNTY ATTORNEY; PROVIDING FOR A PROVISION REGARDING COUNTY CONSTITUTIONAL OFFICERS; PROVIDING FOR EFFECTIVE DATE OF THE CHARTER AS LAW; PROVIDING FOR TRANSITION; PROVIDING FOR CONTINUATION OF LAWS, ORDINANCES, AND CONTRACTS; PROVIDING FOR INITIAL COUNTY COMMISSIONERS, INITIAL COUNTY ADMINISTRATOR, AND INITIAL COUNTY ATTORNEY; PROVIDING FOR EMPLOYEE CONTINUATION, AND CONTINUATION OF AGENCIES AND ADVISORY BODIES; PROVIDING FOR OUTSTANDING BONDS, REVENUE CERTIFICATES, AND OTHER FINANCIAL OBLIGATIONS; PROVIDING FOR CHARTER AMENDMENTS PROPOSED BY COUNTY COMMISSIONERS; PROVIDING FOR CHARTER AMENDMENTS BY PETITION AND PROCEDURES FOR AMENDMENTS PROPOSED BY PETITION; PROCEDURES FOR AMENDMENT BALLOT PLACEMENT; PROVIDING SEVERABILITY AND VALIDITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Monroe County, Florida is presently a non-charter government as established under Article VIII, Section l(f), Florida Constitution; and Page 1 of 11 3 DRAFT—Oct. 9, 2023 WHEREAS, Article VIII, Sections l(c) and l(g), Florida Constitution, provide that a county government may be established by charter, which shall be adopted upon a majority vote of electors of the county; and WHEREAS, Section 125.80, et seq., Florida Statutes, provides a method whereby a non- charter county may locally initiate a county home rule charter; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. HOME RULE CHARTER. The Board of County Commissioners of Monroe County, Florida hereby proposes, by ordinance, the following Charter for the governance of Monroe County. The proposed Charter of Monroe County, Florida, as stated and incorporated herein, reads as follows: MONROE COUNTY HOME RULE CHARTER PREAMBLE WE, THE CITIZENS OF MONROE COUNTY, FLORIDA, united in the belief that governmental decisions affecting local interests should be made locally, rather than by the State, and that County government should be reflective of the people of the County and should serve them in achieving a more responsive and efficient form of government and in order to empower the people of this County to make changes in their own government, do ordain and establish this Home Rule Charter for Monroe County, Florida. ARTICLE 1 CREATION,POWERS,AND ORDINANCES OF HOME RULE CHARTER GOVERNMENT 1.1 Creation and general powers of home rule charter government Monroe County shall be that of a chartered county under Section 1, Article VIII of the Florida Constitution of 1968 pursuant to which this Charter is adopted, and shall not be a charter for consolidation of county and municipal governments in Monroe County pursuant to Section 6(e), Article VIII of the Florida Constitution of 1968. Except as may be limited by this Home Rule Charter("Charter"), Monroe County shall have all powers of self-government granted now or hereafter by the Constitution and laws of the State of Florida. 1.2 Body corporate, name and boundaries Page 2 of 11 4 DRAFT—Oct. 9, 2023 Monroe County shall be a body corporate and politic. The corporate name shall be Monroe County. The county seat and boundaries shall be those designated by law on the effective date of this Charter. 1.3 Construction The powers granted by this Charter shall be construed broadly in favor of the charter government. The specified powers in this Charter shall not be construed as limiting, in any way, the general or specific power of the government, as stated in this article. It is the intent of this article to grant to the charter government full power and authority to exercise all governmental powers necessary for the effective operation and conduct of the affairs of the charter government. 1.4 Special powers and duties of county 1.4.1 County purposes. The county, operating under this Charter, shall have all special powers and duties which are not inconsistent with this Charter, heretofore granted by law to the Board of County Commissioners, and shall have such additional county and municipal powers as may be required to fulfill the intent of this Charter. 1.4.2 Municipal purposes. The county shall have all necessary powers to accomplish municipal purposes within special districts. Property situated within municipalities shall not be subject to taxation for services rendered by the county exclusively for the benefit of the property or residents not within municipal boundaries, nor shall property situated in the county be subject to taxation for services provided by the county exclusively for the benefit of the property or residents within municipal boundaries. 1.5 Transfer of powers Whenever a municipality, special district or agency shall request the performance or transfer of a function to the county, the county shall have the power and authority to assume and perform such functions and obligations. This section does not authorize a transfer in violation of Article VIII, Section 4 of the Constitution of Florida. 1.6 Separation of powers Monroe County shall operate under an elected county commission and appointed county manager form of government with separation between the legislative and executive functions of the government in accordance with the provisions of this Charter. The establishment and adoption of policy shall be the responsibility of the Board of County Commissioners, and the execution of that policy shall be the responsibility of the county manager, hereinafter referred to as the County Administrator. 1.7 Relation to state law The provisions of this Charter are not intended, and shall not be construed, to conflict with the Constitution of the State of Florida, general law, or special law approved by vote of the electorate. Page 3 of 11 5 DRAFT—Oct. 9, 2023 1.8 Conflict of County Ordinances with Municipal Ordinances Except as otherwise provided by law, or in this Charter, municipal ordinances shall prevail over county ordinances to the extent of any conflict within the boundaries of the municipality. To the extent that a county ordinance and a municipal ordinance shall cover the same subject without conflict, then both the municipal ordinance and the county ordinance shall be effective, each being deemed supplemental to the other. Notwithstanding the provisions of Section 6.3 herein, this Section 1.8 may only be amended by a unanimous vote of the Board of County Commissioners to place the amendment question on the ballot for referendum, and after the referendum is then approved by the voters at two consecutive general elections. ARTICLE 2 LEGISLATIVE BRANCH: BOARD OF COUNTY COMMISSIONERS 2.1 Composition There shall be five county commissioners' districts in Monroe County, which shall be numbered one to five, inclusive, with the districts being as nearly equal in population as practicable. There shall be one Commissioner for each of the five districts. County commissioners shall be elected on a countywide basis by all of the electors of the county. The adoption of this Charter shall not change the district boundaries and district numbers in effect on the effective date of this Charter. 2.2 Redistricting Redistricting of County Commission district boundaries shall be in accordance with general law, changed only after notice and a public hearing as provided by general law. 2.3 Qualifications and election County commissioners shall be qualified electors of the county. Commissioners shall reside one in each of the commission districts. During the term of office, each commissioner shall reside in the district for which he or she ran for office. Any commissioner who shall remove his or her residency from the district for which he or she is elected shall thereupon become disqualified to represent said district and the office of any such commissioner shall be deemed vacant, except that any commissioner who is removed from a district by redistricting may continue to serve during the balance of the term of office. 2.4 Terms of office Each commissioner shall be elected for a term of four (4) years, beginning on the second Tuesday after election, and continuing after such term until his or her successor is elected and qualified. Terms shall be staggered as provided in general law for the governing board of a non-charter county. 2.5 Salaries and other compensation Page 4 of 11 6 DRAFT—Oct. 9, 2023 Salary and other compensation of the county commissioners shall be set by ordinance and shall be the same as those set by general law for the county commissioners of non-charter counties, and shall not be lowered during a county commissioner's term of office. 2.6 Vacancies and suspensions Vacancies in any county commissioner's office, or other elected county office, shall be filled in accordance with the Constitution and general laws of Florida. Commissioners may be suspended or removed from office in accordance with the Constitution and general laws of Florida, and in addition may be recalled from office as provided in this Charter. 2.7 Powers The Board of County Commissioners shall have all legislative authority,jurisdiction, and powers which are now and which hereafter may be granted to it by the Constitution, laws of the State of Florida, and this Charter. 2.8 Code of ordinances The Board of County Commissioners shall maintain a current codification of all ordinances. Such codification shall be published and made available for distribution on a continuing basis. 2.9 Administrative code The Board of County Commissioners shall adopt, and amend as necessary, an administrative code to govern the operation of the county. 2.10 Recall Members of the Board of County Commissioners shall be subject to recall as provided by general law. ARTICLE 3 ADMINISTRATIVE BRANCH: COUNTY ADMINISTRATOR 3.1 County Administrator There shall be a County Administrator who shall be appointed by a vote of a majority of the entire Board of County Commissioners and terminated during a contract term by a majority vote of the entire Board of County Commissioners at each of two successive meetings, and who shall serve at the pleasure of the Board of County Commissioners. The County Administrator shall be chosen on the basis of his or her professional training, executive and administrative experience, and qualifications. The County Administrator need not be a resident of the County at the time of appointment but shall maintain residency within Page 5 of 11 7 DRAFT—Oct. 9, 2023 the county during the tenure of office and shall not engage in any other business or occupation without the express approval of the Board of County Commissioners. 3.2 Compensation and terms of employment The Board of County Commissioners shall establish the salary for the County Administrator at a level that is commensurate with the requirements of the position and shall at least annually review employment performance and salary. Terms and conditions of compensation and employment shall be set forth in a contract. 3.3 Powers and duties The County Administrator shall be head of the executive branch of county government; shall have the executive powers and duties that are now and hereafter may be granted to the County Administrator by the laws of the State of Florida and this Charter; and, shall be responsible to the Board of County Commissioners for the proper administration of all affairs of the county. The County Administrator shall attend all regular and special meetings of the Board and shall have the right to participate in its discussions. The County Administrator shall prepare and submit the annual operating and capital program budgets to the Board of County Commissioners, and execute the budget and capital programs in accordance with appropriations and ordinances enacted by the Board of County Commissioners. In addition to the power and duties set forth in state law, the County Administrator shall also have the powers and duties expressly assigned by the County Commission. 3.4 Non-interference by Board of County Commissioners Members of the Board of County Commissioners are expressly prohibited from interfering with the performance of the duties of any employee of the county government who is under the direct or indirect supervision of the County Administrator by giving said employees instructions or directives. Any such interference shall be malfeasance within the meaning of Article IV, Section 7(a) of the Florida Constitution. Further provisions relevant to non-interference, and not inconsistent with this provision, may be enacted by the Board of County Commissioners by ordinance. Nothing in this section 3.4, nor any other non- interference provision enacted by the Board of County Commissioners, shall prohibit a Member of the Board of County Commissioners from obtaining information from an employee of the county government under the direct or indirect supervision of the County Administrator in connection with the Member's conduct of official business. 3.5 Temporary absence or incapacity The office of County Administrator shall be deemed vacant if the incumbent moves his or her residence from the county or is, by death, illness, or other casualty, unable to continue in office. A vacancy in the office shall be filled in the same manner as the original appointment. The Board of County Commissioners may appoint an acting administrator in the case of vacancy, temporary absence, or disability of the County Administrator, until a successor has been appointed and qualified, or until the County Administrator returns. 3.6 Department Directors and Executive Service Personnel Page 6of11 8 DRAFT—Oct. 9, 2023 The director of each department shall be the principal officer of the department. Directors and executive service employees of departments shall be appointed by the County Administrator, subject to confirmation by a majority vote of the Board of County Commissioners. The County Administrator shall have the right to discharge any department head or executive service employee with cause,pursuant to provisions of the Monroe County Career Services Act, Ch. 69-1321, Laws of Florida. ARTICLE 4 COUNTY ATTORNEY 4.1 County Attorney There shall be a County Attorney who shall be appointed by a vote of a majority of the entire Board of County Commissioners and terminated during a contract term by a majority vote of the entire Board of County Commissioners with or without cause, and who shall serve at the pleasure of the Board. The County Attorney shall be the head of the County Attorney's Office. The County Attorney shall be responsible directly to the Board of County Commissioners and shall be independent of and not subject to the supervision or authority of the County Administrator. The County Attorney shall provide legal services to the Board of County Commissioners, county departments, County Constitutional Officers when there is no conflict between the Board and Constitutional Officer, and county boards and agencies. All prior actions of the Board of County Commissioners relating to the Office of the County Attorney are hereby ratified and reaffirmed. The terms and conditions of compensation and employment of the County Attorney shall be set forth in a contract. The County Attorney's qualifications and employment status shall be established by County Ordinance. The County Attorney shall be a direct full time employee of the Board of County Commissioners, and responsible only to the Board. Other than as set forth in this section, the County Attorney shall not represent any other public clients nor shall the County Attorney represent any private clients. 4.2 Non-interference by Board of County Commissioners Members of the Board of County Commissioners are expressly prohibited from interfering with the performance of the duties of any employee of the county government who is under the direct or indirect supervision of the County Attorney by giving said employees instructions or directives. Any such interference shall be malfeasance within the meaning of Article IV, Section 7(a) of the Florida Constitution. Further provisions relevant to non-interference, and not inconsistent with this provision, may be enacted by the Board of County Commissioners by ordinance. Nothing in this section 4.2, nor any other non-interference provision enacted by the Board of County Commissioners, shall prohibit a Member of the Board of County Commissioners from obtaining information from an employee of the county government under the direct or indirect supervision of the County Attorney in connection with the Member's conduct of official business. ARTICLE 5 COUNTY OFFICERS 5.1 County constitutional officers Page 7of11 9 DRAFT—Oct. 9, 2023 The county constitutional offices of Sheriff, Property Appraiser, Tax Collector, Clerk of the Circuit Court, and Supervisor of Elections shall remain as elected constitutional officers pursuant to the requirements of the Florida Constitution and general law, and theirpowers, duties, and functions will not be altered by this Home Rule Charter. The constitutional officers shall perform their executive and administrative functions as specified by law. The Clerk of the Circuit Court shall be ex officio clerk of the Board of County Commissioners, auditor, recorder and custodian of all county funds. ARTICLE 6 MISCELLANEOUS PROVISIONS 6.1 Effective Date This Charter shall become law when approved by a majority of those electors voting on the matter in a referendum to be held in the county in conjunction with the general election occurring on November 5, 2024, under the provisions of the Constitution and laws of Florida. The charter government shall assume all powers and duties provided by this Charter on the first day of January, 2025, the effective date of this Charter. 6.2 Transition 6.2.1 Continuation of laws,ordinances and contracts. Unless expressly provided otherwise in this Charter, the adoption of this Charter shall not affect any existing contracts or obligations of Monroe County; the validity of any of its laws, ordinances, regulations, and resolutions; or the term of office of any elected county officer, whose term shall continue as if this Charter had not been adopted. 6.2.2 Initial county commissioners. The persons comprising the Monroe County Board of County Commissioners on the effective date of this Charter shall become the initial members of the Board of County Commissioners of the charter government and shall perform the functions thereof until the expiration of their terms or until qualification of their successors as provided by law. 6.2.3 Initial County Administrator and Initial County Attorney. The County Administrator and County Attorney serving on the effective date of this Charter shall serve as the initial County Administrator and initial County Attorney respectively. 6.2.4 Employee continuation. All employees of the former county government shall on the effective date of this Charter become employees of the county government created by this Charter. All existing wages, benefits, collective bargaining certifications and agreements, contracts and conditions of employment shall continue, until modified by lawful action of the Board of County Commissioners. 6.2.5 Continuation of agencies and advisory bodies. All existing appointments or designations of non-governmental agencies or corporations to act as official agencies of the County shall remain in full force and effect in accordance with their original terms, until amended or terminated by the Board of County Commissioners in accordance with the terms of such appointment and the provisions of this Charter. All members of advisory boards, Page 8 of 11 10 DRAFT—Oct. 9, 2023 resource groups or committees appointed for terms expiring after the effective date of this Charter shall continue to serve their terms without necessity of reappointment under this Charter. 6.2.6 Outstanding bonds. All bonds, revenue certificates, and other financial obligations of the county outstanding on the effective date of this Charter shall be obligations of the charter government. All actions taken by the former government relating to the issuance of such obligations are hereby ratified and confirmed. Payment of such obligations and the interest thereon shall be made solely from and charged solely against funds derived from the same sources from which such payment would have been made had this Charter not taken effect. 6.3 Charter amendment 6.3.1 Amendment by Board of County Commissioners. The Board of County Commissioners, upon the concurrence of not less than a majority plus one of its entire membership,shall have the authority to propose by ordinance,amendments, or revisions to this Charter not inconsistent with the State Constitution or with general law,and may also propose by ordinance the repeal of the Charter. 6.3.2 Amendment by petition. Amendments to this Charter, not inconsistent with the State Constitution or with general law,may be proposed by a petition signed by a number of electors at least equal to ten (10) percent of the number of electors qualified to vote in the last preceding general election; provided that the number shall contain at least ten(10)percent of the number of such qualified electors in each of the commission election districts; and further provided that any such amendment shall embrace but one subject and matter directly connected therewith. The sponsor of an amendment shall, prior to obtaining any signatures, submit the text of the proposed amendment to the Supervisor of Elections, with the proposed ballot summary and the form on which signatures will be affixed. The procedures for initiative petitions set forth in Section 6.3.3 of this Charter shall thereafter be followed. The power to amend this Charter by initiative shall not extend to administrative or judicial functions; the county budget, debt obligations or capital improvement programs; the zoning of land; salaries of county officers and employees; the assessment or collection of taxes; or, matters inconsistent with the Constitution or general laws of Florida. 6.3.3 Procedure for petition. The sponsor of an initiative petition shall, prior to obtaining any signatures, submit the text of a proposed charter amendment to the Supervisor of Elections, with the proposed ballot summary and the form on which signatures will be affixed and obtain a dated receipt therefore. Any such charter amendment shall embrace but one subject and matter directly connected therewith. The sponsor shall cause a notice of such submission to be published within fourteen days after the date of submission, in a newspaper of general circulation in the County. The allowable period for obtaining signatures on the petition shall be completed not later than six months after initial receipt of the petition by the Supervisor of Elections. The sponsor shall comply with all requirements of general law for political committees, and shall file quarterly reports with the Supervisor of Elections stating, to the best of the sponsor's information and belief, the number of signatures procured. The time and form of such reports may be prescribed by ordinance. When a sufficient number of Page 9of11 11 DRAFT—Oct. 9, 2023 signatures are obtained, the sponsor shall thereupon submit signed and dated forms to the Supervisor of Elections and upon submission shall pay all fees required by general law. The Supervisor of Elections shall, within sixty (60) days after submission, verify the signatures thereon, or specify a reason for the invalidity of each rejected signature if the petition is rejected for insufficiency of the number of valid signatures. If the petition is rejected for insufficiency of the number of signatures, the sponsor shall have an additional thirty (30) days within which to submit additional signatures for verification. The Supervisor of Elections shall, within thirty (30) days verify the additional signatures. In the event sufficient signatures are still not acquired, the petition initiative shall be rendered null and void and none of the signatures may be carried over onto another identical or similar petition. 6.3.4 Amendment referendum. The Board of County Commissioners shall cause any Charter amendment proposed under section 6.3.1 or 6.3.2 to be submitted to the electors for their approval during the next general election scheduled more than ninety (90) days after the proposed amendment is validated. Notice of said referendum, together with the language of the proposed amendment, shall be published as provided by general law. Passage of proposed amendments, revisions, or repeal shall require approval of a majority of electors voting in said election. 6.4 Severability and Validity It is hereby declared to be the intention of the Board of County Commissioners that the sections, paragraphs, sentences, clauses and phrases of this Charter are severable, and if any phrase, clause, sentence, paragraph, or section of this Code shall be declared invalid, unconstitutional, or unenforceable by the valid judgment or decree of a court of competent jurisdiction, such invalidity, unconstitutionality or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Charter. SECTION 2. BALLOT QUESTION TO BE PRESENTED TO THE ELECTORATE. The proposed Charter of Monroe County, Florida, shall be presented to the qualified Monroe County electorate by placing the question of whether to adopt the same on the ballot at the General Election to be held on November 5, 2024. SECTION 3. BALLOT QUESTION FORM. The question on the ballot shall be substantially in the following form as proposed by Monroe County Ordinance No. -2024. Ballot Title: "Proposed Home Rule Charter for Monroe County" uestion [PLACEHOLDER LANGUAGE: "Shall there be a Home Rule Charter for Monroe County, establishing the form and powers of local self-government; maintaining the legislative powers of a board of five commissioners elected countywide; maintaining an appointed professional manager; providing that municipal ordinances prevail over conflicting county ordinances; Page 10 of 11 12 DRAFT—Oct. 9, 2023 allowing for recall elections; and providing for methods of amendment?"] Yes For Approval No Against Approval PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, by a vote of to , this day of , 2024. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS By: NAME, MAYOR (SEAL) ATTEST: KEVIN MADOK, Clerk BY: Ex Officio Clerk to the Board APPROVED FOR FORM AND LEGAL SUFFICIENCY: ROBERT B. SHIL,LINGER, County Attorney Page 11 of 11 13