Consolidation Commission Training Session Board of County Commissioners Chambers April 6, 2005.

Consolidation Commission

Training Session

Board of County Commissioners Chambers

April 6, 2005


Timeline

Funding & Budget

Temporary Staffing

Organizational Structure


Timeline

Funding & Budget

Temporary Staffing



Timeline•November 2004: Referendum

passed by 63%

• January 11, 2005: BCC Ordinance

•April 6, 2005: Training session

•May 2006: Final meeting

• September 1, 2006: Report due to both governments


Timeline

Funding & Budget

Temporary Staffing



Funding & Budget•Orange County funding:

Attorney

Administrative Assistant

Executive Director

Office space/supplies


Timeline

Funding & Budget

Temporary Staffing



Temporary Staffing Staff Liaisons

Orange County – Linda Akins - Director of Government Relations

City of Orlando – Jean Rousch-Burnett – Deputy City Attorney

Meeting Minutes Orange County Comptroller’s Office

City of Orlando Clerk’s Office


Timeline

Funding & Budget

Temporary Staffing




** Hired Executive Director


Executive Director

Administrative Staff Assistant

County Staff Liaison

City StaffLiaison

Attorney




Administrative Staff Assistant

County Staff Liaison

City StaffLiaison

Attorney

** No Executive Director


Legal Issues

Member’s Statutory Obligations Constitutional Provisions:

Consolidation/Transfer of Powers Charter Provision/Ordinance Status of Lawsuit Challenging

Charter Amendment Legal Counsel Representation Rules of Procedure Summary

Legal Issues Member’s Statutory Obligations

– Sunshine Law– Public Records Law– Conflicts of Interest– Financial Disclosure

Constitutional Provisions: Consolidation/Transfer of Powers

Charter Provision/Ordinance Status of Lawsuit Challenging


Legal Issues: Sunshine Law

Purpose:

Ensure public access to the decision-making process of public boards and committees

Sunshine Law Applies:

When two or more Commission members are gathered to discuss some matter which may foreseeably come before the Commission


Meeting Requirements

– Open to public– Prior reasonable notice– Minutes must be taken


“Meetings” Can Mean:

– Hallway talks– Phone calls– Notes and memos– Messages from mutual

friends– Messages from staff







Purpose:

Allows any person to inspect and examine public records

Legal Issues: Public Records Law

Includes notes, memoranda and emails produced in relation to Commission business


Inspection and Examination

Public records shall be provided:– At a reasonable time– Under reasonable conditions– Under supervision of public

records custodian







Purpose:

Designed to protect against use of a public position for individual gain

Legal Issues: Conflict of Interest

Voting Rules:

Must vote unless you have a conflict of interest or an appearance of a conflict of interest


If Conflict or Appearance of Conflict:

– Abstain from voting

– Before vote, publicly state conflict

– File form 8B with person who records minutes







Purpose:

Prevent committee members from being inappropriately influenced by special interests

Legal Issues: Financial Disclosure

Florida law requires disclosure of financial interests and certain gifts accepted

Disclosure on forms created by the Commission on Ethics

Form 1 must be completed and filed with the Supervisor of Elections within 30 days of appointment


Two Levels of Disclosure:

– More comprehensive for elected officials and judges (i.e., gifts)

– Less comprehensive for advisory board members and committee appointees


Legal Issues




1968 Constitution– Broadened powers of local

government regarding home rule– Resulted in duplicate functions by

cities and counties

Constitutional Provisions– Consolidation– Transfer of powers

Legal Issues: Consolidation & Transfer of Powers

Article VIII, Section 3

Consolidation: A merger of two or more governmental entities into one governmental entity

City of Jacksonville – Duval County– 1967– Consolidated all city and county

functions

Legal Issues: Consolidation

Process

– Special Act; and

– Vote of electors of county or vote of electors of county and affected municipalities (Dual Referendum)

Legal Issues: Consolidation

Article VIII, Sec. 4

Transfer of Powers – A transfer of any function or power from a governmental entity to another governmental entity

Sarasota County – Fire/EMS, Parks Stormwater UtilitiesOrange County Library District

Legal Issues: Transfer of Powers

Transfer of Powers only Available for Services – NOT for Regulatory Matters

Examples of Regulatory Matters– Handgun sales– Unified beach code– Adult entertainment

Examples of Services– Fire & Rescue – Parks – Utilities– Police – Planning/Zoning


Article VIII, Sec. 4

Transfer of Powers – A transfer of any function or power from a governmental entity to another governmental entity

Sarasota County – Fire/EMS, Parks Stormwater UtilitiesOrange County Library District


Process

– Law or resolution of affected governments, and

– Dual referendum, or

– As otherwise provided by law


Legal Issues




Requires city and county to create a countywide consolidation study commission

Appointment by city, county and Legislative delegation

Conduct a comprehensive study of the consolidation of governmental services

Hold at least 4 public hearings Adjourn no later than 18 months following

the November 2004 referendum – May 2006 Provide a report to Orange County and City of

Orlando with findings & recommendations no later than September 1, 2006

Legal Issues: Charter Provision

Includes Provisions of the Charter Amendment

Requires BCC: To “evaluate impacts” of

Commission recommendation within 180 days of report

To hold public hearings on report To “initiate discussions” with

Orlando on implementation of Commission recommendations

Legal Issues: Ordinance

Legal Issues




Complaint for Declaratory Injunctive Relief– Filed January 21, 2005– Challenged authority of CRC to

create Intergovernmental Study Commission

Motion to Dismiss filed February 10, 2005

Hearing scheduled May 4, 2005

Legal Issues: Status of Law Suit Challenging Charter Amendment

Legal Issues




Legal Issues




BCC CRC Robert’s Rules

Legal Issues: Rules of Procedure

Legal Issues





Training Session

Board of County Commissioners Chambers

April 6, 2005

Consolidation Commission Training Session Board of County Commissioners Chambers April 6, 2005.

Documents

public records lawinspection

public recordslegal

examinationpublic records

public access

committeeslegal issues

takenlegal issues

commissionlegal issues

sunshine lawmeetings