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Consolidation Commission
Training Session
Board of County Commissioners Chambers
April 6, 2005
Consolidation Commission
Timeline
Funding & Budget
Temporary Staffing
Organizational Structure
Consolidation Commission
Timeline
Funding & Budget
Temporary Staffing
Organizational Structure
Consolidation Commission
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
Consolidation Commission
Timeline
Funding & Budget
Temporary Staffing
Organizational Structure
Consolidation Commission
Funding & Budget•Orange County funding:
Attorney
Administrative Assistant
Executive Director
Office space/supplies
Consolidation Commission
Timeline
Funding & Budget
Temporary Staffing
Organizational Structure
Consolidation Commission
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
Consolidation Commission
Timeline
Funding & Budget
Temporary Staffing
Organizational Structure
Consolidation Commission
Organizational Structure
** Hired Executive Director
Consolidation Commission
Executive Director
Administrative Staff Assistant
County Staff Liaison
City StaffLiaison
Attorney
Consolidation Commission
Organizational Structure
Consolidation Commission
Administrative Staff Assistant
County Staff Liaison
City StaffLiaison
Attorney
** No Executive Director
Consolidation Commission
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
Charter Amendment Legal Counsel Representation Rules of Procedure Summary
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
Legal Issues: Sunshine Law
Meeting Requirements
– Open to public– Prior reasonable notice– Minutes must be taken
Legal Issues: Sunshine Law
“Meetings” Can Mean:
– Hallway talks– Phone calls– Notes and memos– Messages from mutual
friends– Messages from staff
Legal Issues: Sunshine Law
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
Charter Amendment Legal Counsel Representation Rules of Procedure Summary
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
Legal Issues: Public Records Law
Inspection and Examination
Public records shall be provided:– At a reasonable time– Under reasonable conditions– Under supervision of public
records custodian
Legal Issues: Public Records Law
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
Charter Amendment Legal Counsel Representation Rules of Procedure Summary
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
Legal Issues: 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
Legal Issues: Conflict of Interest
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
Charter Amendment Legal Counsel Representation Rules of Procedure Summary
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
Legal Issues: Financial Disclosure
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: Financial Disclosure
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
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
Legal Issues: Transfer of Powers
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
Process
– Law or resolution of affected governments, and
– Dual referendum, or
– As otherwise provided by law
Legal Issues: Transfer of Powers
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
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
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
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
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 Constitutional Provisions:
Consolidation/Transfer of Powers Charter Provision/Ordinance Status of Lawsuit Challenging
Charter Amendment Legal Counsel Representation Rules of Procedure Summary
BCC CRC Robert’s Rules
Legal Issues: Rules of Procedure
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
Consolidation Commission
Training Session
Board of County Commissioners Chambers
April 6, 2005