overview of charter government kurt spitzer november 3, 2009 leon county citizen charter review...
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Overview of Overview of Charter Charter
GovernmentGovernmentKurt Spitzer Kurt Spitzer
November 3, 2009November 3, 2009Leon County Citizen Charter Review Leon County Citizen Charter Review
CommitteeCommittee
Overview of Charter Overview of Charter GovernmentGovernment
HistoryHistory
PracticesPractices
OptionsOptions
European Origin of County Structure
France, Germany – Divide country into subdivisions known as “Counts”
England (9th century) – “Shires” Appointed head of the Shire: the
“Shireeff” Shireeff: Keep order and collect
Taxes
Florida HistoryFlorida History 1821 - Andrew Jackson issues first ordinance:
divided State into two counties
recognized cities of Pensacola and St. Augustine
identified governmental county powers and roles in delivering state-mandated services
provided that five Justices of the Peace would govern each County
Florida HistoryFlorida History
1822 – Territorial Council consisting of 13 appointees
Four Counties:
Escambia
St. Johns
Jackson
Duval
Florida HistoryFlorida History 1838 – BCC established by General Assembly
1845 – Florida becomes State
1861 – Florida Constitution specifically provides for county government
1885 – Provisions for counties and cities recognized in separate articles of Constitution. Counties formed, amended or abolished by Legislature; are subdivisions of the State. (Cities - subdivisions in the State.)
Florida HistoryFlorida History
Board of County Commissioners
1868 – Governor appoints all county officers, including “Treasurer” and “Surveyor”
1885 – Commissioners appointed, other county officers elected
1900 – Commissioners elected
1968 - Home Rule authorized
Florida HistoryFlorida History
County Formation – By general law of the County Formation – By general law of the Legislature in Chapter 7, FSLegislature in Chapter 7, FS
Last County to be formed = Gilchrist in Last County to be formed = Gilchrist in 19251925
Recently discussed formationsRecently discussed formations
Beach communities in: Duval, VolusiaBeach communities in: Duval, Volusia
Cape CoralCape Coral
HialeahHialeah
Florida HistoryFlorida History
Historically, counties viewed primarily as subdivisions of the state . . . . Value property & collect taxes, conduct elections, provide for judicial system, etc.
Collegial governing body with five other offices that operate independently of the BCC
Florida HistoryFlorida History
Higher Service Level or Different Structure?
Incorporate as City Government and/or seek Special Act of Legislature
Operated under “Dillon’s Rule”
John Dillon - John Dillon - Iowa Supreme Court Justice, writer and Iowa Supreme Court Justice, writer and
scholar. scholar.
"Those best fitted by their intelligence, "Those best fitted by their intelligence, business experience, capacity and moral business experience, capacity and moral character" usually do not hold local office. character" usually do not hold local office. The conduct of municipal affairs generally The conduct of municipal affairs generally was "unwise and extravagant.”was "unwise and extravagant.”
Clark v. City of Des MoinesClark v. City of Des Moines (1865) - Local (1865) - Local governments were creations of the state governments were creations of the state and, therefore, had only those powers and, therefore, had only those powers granted by the state.granted by the state.
Dillon’s RuleDillon’s Rule
A local government has only A local government has only
those powers which are those powers which are
specifically granted by the specifically granted by the
State.State.
Home RuleHome Rule
A local government has all powers of A local government has all powers of
self-government except those that self-government except those that
are specifically prohibited or pre-are specifically prohibited or pre-
empted by the State.empted by the State.
Dillon’s RuleDillon’s Rule A local government has only those powers A local government has only those powers
which are specifically granted by the Statewhich are specifically granted by the State
Home Rule A local government has all powers of self A local government has all powers of self
government except those that are specifically government except those that are specifically
prohibited or pre-empted by the Stateprohibited or pre-empted by the State
Dillon’s RuleDillon’s Rule Look for Look for AuthorizationAuthorization. Absent . Absent
authorization, powerless to act.authorization, powerless to act.
Home Rule Look for Look for ProhibitionProhibition. Absent . Absent
prohibition, empowered to act.prohibition, empowered to act.
1968 Florida Constitution1968 Florida Constitution
Dillon’s Rule replaced by Home Rule
Non-charter counties - all powers of self-
government as provided by law (implemented in
1971and 1972)
Charter counties - all powers of self-government
not inconsistent with general law or special law
approved by vote of the county electorate
PressuresPressures
Growth - rate and distributionGrowth - rate and distribution
Citizen demand for servicesCitizen demand for services
Coordinators/providers of regional Coordinators/providers of regional services and/or standardsservices and/or standards
Devolution of programs from federal and Devolution of programs from federal and state government to countiesstate government to counties
Budget cutsBudget cuts
Efficiency/EffectivenessEfficiency/Effectiveness
Electorate in 20 of 67 Electorate in 20 of 67 Counties Counties
Have Adopted ChartersHave Adopted ChartersCOUNTYCOUNTY AdoptedAdopted PopulationPopulation # Cities# Cities
AlachuaAlachua 19871987 228,607 228,607 99
BrevardBrevard 19941994 494,102 494,102 1515
BrowardBroward 19751975 1,669,153 1,669,153 3030
CharlotteCharlotte 19861986 148,521 148,521 11
ClayClay 19911991 149,901 149,901 44
ColumbiaColumbia 20022002 58,372 58,372 22
DuvalDuval 19681968 809,394 809,394 55
HillsboroughHillsborough 19831983 1,055,617 1,055,617 33
LeeLee 19961996 475,073 475,073 55
LeonLeon 20022002 248,039 248,039 11
Electorate in 20 of 67 Electorate in 20 of 67 Counties Counties
Have Adopted ChartersHave Adopted ChartersCOUNTYCOUNTY AdoptedAdopted Population *Population * # Cities# Cities
Miami-DadeMiami-Dade 19571957 2,312,478 2,312,478 3131
OrangeOrange 19861986 955,865 955,865 1313
OsceolaOsceola 19921992 193,355 193,355 22
Palm BeachPalm Beach 19851985 1,183,197 1,183,197 3737
PinellasPinellas 19801980 933,994 933,994 2424
PolkPolk 19981998 502,385 502,385 1717
SarasotaSarasota 19711971 339,684 339,684 44
SeminoleSeminole 19891989 387,626 387,626 77
VolusiaVolusia 19711971 459,737 459,737 1717
WakullaWakulla 20082008 30,70030,700 22
* About 80% of Florida’s residents live in a charter county.
Key PoliciesKey Policies County charters adopted, amended, repealed County charters adopted, amended, repealed
only by vote of the electorateonly by vote of the electorate
Charters may provide alternative methods of Charters may provide alternative methods of selecting County Officers and may transfer selecting County Officers and may transfer duties to other positionsduties to other positions
Executive Branch and size, terms, districting Executive Branch and size, terms, districting schemes of County Commission may be schemes of County Commission may be altered altered
Charter counties have all powers not Charter counties have all powers not inconsistent with general (or voted special) inconsistent with general (or voted special) law; charter must specify if county ordinance law; charter must specify if county ordinance prevails over that of a city prevails over that of a city
Article VIII – Section 1Article VIII – Section 1
County charters adopted, amended or repealed only by vote of the electorate -
(c) GOVERNMENT. Pursuant to general or special law, a county government may be established by charter which shall be adopted, amended or repealed only upon vote of the electors of the county in a special election called for that purpose.
Article VIII - Section 1Article VIII - Section 1Charters may provide alternative methods of
selecting County Officers; may abolish and transfer duties to another position -
(d) COUNTY OFFICERS. There shall be elected by the electors of each county, for terms of four years, a sheriff, a tax collector, a property appraiser, a supervisor of elections, and a clerk of the circuit court; except, when provided by county charter or special law approved by vote of the electors of the county, any county officer may be chosen in another manner therein specified, or any county office may be abolished when all the duties of the office prescribed by general law are transferred to another office. When not otherwise provided by county charter or special law approved by vote of the electors, 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 VIII - Section 1Article VIII - Section 1Size, terms, districting schemes of County Size, terms, districting schemes of County
Commission may be changed - Commission may be changed -
(e) COMMISSIONERS. Except when otherwise provided by county charter, the governing body of each county shall be a board of county commissioners composed of five or seven members serving staggered terms of four years. After each decennial census the board of county commissioners shall divide the county into districts of contiguous territory as nearly equal in population as practicable. One commissioner residing in each district shall be elected as provided by law.
Article VIII - Section 1Article VIII - Section 1Charter counties have all powers not inconsistent Charter counties have all powers not inconsistent
with general (or voted special) law; charter with general (or voted special) law; charter specifies if county ordinance prevails over that of specifies if county ordinance prevails over that of city - city -
(f) NON-CHARTER GOVERNMENT. Counties not operating under county charters shall have such power of self-government as is provided by general or special law. The board of county commissioners of a county not operating under a charter may enact, in a manner prescribed by general law, county ordinances not inconsistent with general or special law, but an ordinance in conflict with a municipal ordinance shall not be effective within the municipality to the extent of such conflict.
Article VIII - Section 1Article VIII - Section 1Charter counties have all powers not inconsistent Charter counties have all powers not inconsistent
with general (or voted special) law; charter with general (or voted special) law; charter specifies if county ordinance prevails over that of specifies if county ordinance prevails over that of city -city -
(g) CHARTER GOVERNMENT. Counties operating (g) CHARTER GOVERNMENT. Counties operating under county charters under county charters shall have all powers of local shall have all powers of local self-government not inconsistent with general lawself-government not inconsistent with general law, , or with or with special law approved by votespecial law approved by vote of the of the electors. The governing body of a county operating electors. The governing body of a county operating under a charter may enact county ordinances not under a charter may enact county ordinances not inconsistent with general law. The inconsistent with general law. The charter shall charter shall provide which shall prevail in the event of conflictprovide which shall prevail in the event of conflict between county and municipal ordinances.between county and municipal ordinances.
Broward vs. Wakulla Broward vs. Wakulla vs. Volusia vs. Leon vs. Volusia vs. Leon
vs. Pasco (non-charter)?vs. Pasco (non-charter)?
depends upon the language of the depends upon the language of the
Charter as adopted by the local Charter as adopted by the local
electorateelectorate
Example Policy AreasExample Policy Areas
Primary policy areas that may be Primary policy areas that may be
effected by charters are:effected by charters are: Legislative and Executive BranchesLegislative and Executive Branches County Constitutional OfficersCounty Constitutional Officers City-County RelationsCity-County Relations Powers reserved to the PeoplePowers reserved to the People
Legislative BranchLegislative Branch
Districting SchemesDistricting Schemes number of Commissionersnumber of Commissioners at-largeat-large single membersingle member mixedmixed
Legislative BranchLegislative Branch
Election methodology?Election methodology?
partisan vs. non-partisanpartisan vs. non-partisan
Salaries?Salaries?
Use State formula or other Use State formula or other
methodmethod
Legislative BranchLegislative Branch
Terms of OfficeTerms of Office length of termlength of term limits on number of consecutive limits on number of consecutive
termsterms
Executive BranchExecutive Branchappointed professional v. elected leaderappointed professional v. elected leader
Head of Executive BranchHead of Executive Branch
Appointed Professional Appointed Professional
AdministratorAdministrator
Elected Chair – Clay, VolusiaElected Chair – Clay, Volusia Strong Chairman/Mayor - Strong Chairman/Mayor -
OrangeOrange Elected Executive - DuvalElected Executive - Duval
Executive BranchExecutive Branch
Appointed AdministratorAppointed Administrator Hiring policyHiring policy Termination policyTermination policy QualificationsQualifications Non-interference clauseNon-interference clause
Executive BranchExecutive Branch
Elected Chair Elected Chair Directly selected by Voters for four Directly selected by Voters for four
year termyear term Chairperson of BCCChairperson of BCC Ceremonial leader of countyCeremonial leader of county Manager retained, who is Manager retained, who is
hired/fired by BCChired/fired by BCC Chair remains as a voting member Chair remains as a voting member
of BCCof BCC
Executive BranchExecutive Branch
Elected MayorElected Mayor Chairperson of BCCChairperson of BCC Ceremonial Ceremonial andand managerial managerial
leader of countyleader of county Retains Manager, who reports to Retains Manager, who reports to
MayorMayor Remains member of BCCRemains member of BCC
Issue – Executive BranchIssue – Executive Branch
Elected ExecutiveElected Executive Ceremonial and managerial Ceremonial and managerial
leader of countyleader of county Not a member of BCCNot a member of BCC Charter may or may not retain Charter may or may not retain
position of Managerposition of Manager Highest level of Separation of Highest level of Separation of
Powers between Executive and Powers between Executive and LegislativeLegislative
County OfficersCounty Officers
Leave as in current law Leave as in current law
(some/all)(some/all)
Elected charter officers Elected charter officers
(some/all)(some/all)
Appointed charter officers Appointed charter officers
(some/all)(some/all)
County OfficersCounty Officers
Policy questions/issuesPolicy questions/issues
responsiveness and responsiveness and
independenceindependence
budget approval/sizebudget approval/size
funding sourcesfunding sources
““team” approachteam” approach
performance auditperformance audit
uniform support servicesuniform support services
County OfficersCounty Officers
Uniform support servicesUniform support services personnel/human resourcespersonnel/human resources purchasingpurchasing risk managementrisk management fleet managementfleet management data processing/ITdata processing/IT auditaudit
County OfficersCounty OfficersOfficeOffice Budget/Budget/
Fee?Fee?Primarily ServesPrimarily Serves
Clerk Clerk (BCC) (BCC)
Budget Budget BCCBCC
AppraiserAppraiser FeeFee County, cities, County, cities, schools, state schools, state ((i.e.i.e. school school funding)funding)
SheriffSheriff BudgetBudget Countywide Countywide citizenry citizenry
SupervisoSupervisorr
BudgetBudget County, state, County, state, school, districts school, districts
CollectorCollector FeeFee County, state, County, state, cities, schools, cities, schools, districtsdistricts
County OfficersCounty Officers
Other issuesOther issues
salariessalaries
recallrecall
non-partisan electionsnon-partisan elections
limits on termslimits on terms
Countywide PolicyCountywide Policy
Policy on county ordinances in city limitsPolicy on county ordinances in city limits
default - city prevailsdefault - city prevails
county prevailscounty prevails
county prevails in specific policy areascounty prevails in specific policy areas
county prevails but city permitted to county prevails but city permitted to
have more stringent standardshave more stringent standards
Requires single, countywide vote of Requires single, countywide vote of
electorateelectorate
Countywide ProgramsCountywide Programs
Functional ConsolidationFunctional Consolidation - Transfer of - Transfer of
programs/assets/peopleprograms/assets/people
e.g. policee.g. police
Requires dual (concurrent) vote of Requires dual (concurrent) vote of
the electoratethe electorate
Citizen InitiativeCitizen Initiative
Ordinances proposed and adopted by petitionOrdinances proposed and adopted by petition
Policy questionsPolicy questions
by what percentage/distribution of by what percentage/distribution of
electorate?electorate?
excluding which subject areas?excluding which subject areas?
procedure for BCC actionprocedure for BCC action
Charter Amendment Charter Amendment ProcessProcess
Charter Amendments proposed by:Charter Amendments proposed by:
BCCBCC
Citizen petitionCitizen petition
Charter Review CommissionCharter Review Commission
Charter Amendment Charter Amendment ProcessProcess
CRC Policy questionsCRC Policy questions
Single subject ruleSingle subject rule
Frequency of conveningFrequency of convening
Membership/composition of Membership/composition of
CRCCRC
Independent CRC, dependent Independent CRC, dependent
Advisory Committee or “Hybrid”Advisory Committee or “Hybrid”
Recent Developments…Recent Developments…
Amendments Concerning Planning – Amendments Concerning Planning – Preservation of Urban/Rural BoundaryPreservation of Urban/Rural Boundary
Sarasota County Sarasota County
Seminole County Seminole County
Preservation of Rural LandsPreservation of Rural Lands
Current practice: After annexation, municipal Current practice: After annexation, municipal land-use policies apply to annexed territoryland-use policies apply to annexed territory
Charter may be amended to provide that Charter may be amended to provide that county comprehensive plan’s policies continue county comprehensive plan’s policies continue to apply to rural area after annexationto apply to rural area after annexation
May include provisions on future amendments to May include provisions on future amendments to the county comprehensive plan - requiring the county comprehensive plan - requiring consultation with city, extraordinary vote of BCC to consultation with city, extraordinary vote of BCC to amend, etc.amend, etc.
SEMINOLE COUNTYSEMINOLE COUNTY
SEMINOLE COUNTY GOVERNMENTSEMINOLE COUNTY GOVERNMENT
Photo of Rural Area[ close window ]Photo of Rural Area[ close window ] SEMINOLE COUNTY GOVERNMENTSEMINOLE COUNTY GOVERNMENT
Photo of Rural Area[ close window ]Photo of Rural Area[ close window ]
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SEMINOLE COUNTY GOVERNMENTSEMINOLE COUNTY GOVERNMENT
PolitiPoliticscs
PolicPolicyy
• All charters reflect unique history and sentiments of the local community
• All charter provisions embody elements of both “politics” and “policy”
Final ThoughtsFinal Thoughts