overview of charter government kurt spitzer november 3, 2009 leon county citizen charter review...

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

A Brief History of the A Brief History of the ((CountyCounty)) UniverseUniverse

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.)


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


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


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


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.

Florida Florida Constitution Constitution

1968 Revisions1968 Revisions

Dillon’s Rule Dillon’s Rule replaced by replaced by

Home RuleHome Rule

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


Election methodology?Election methodology?

partisan vs. non-partisanpartisan vs. non-partisan

Salaries?Salaries?

Use State formula or other Use State formula or other

methodmethod


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


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


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


Appointed charter officers Appointed charter 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


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


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 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 ]

[ close window ][ close window ]

SEMINOLE COUNTY GOVERNMENTSEMINOLE COUNTY GOVERNMENT

PP22

Final ThoughtsFinal Thoughts

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

Questions?Questions?

Kurt Spitzer Kurt Spitzer

[email protected]@ksanet.net

overview of charter government kurt spitzer november 3, 2009 leon county citizen charter review...

Documents

state slide

county slide

dillons rule slide

county government

home rule slide

county universe slide

bcc slide

taxes slide