HomeMy WebLinkAboutCRC 10/01/2008 Handout - Orange Co. Charter Review Commission Final Report
FINAL REPORT
ORANGE COUNTY
2008 CHARTER REVIEW COMMISSION
A FINAL REPORT OF THE ORANGE COUNTY CHARTER REVIEW COMMISSION
PROPOSING TO AMEND THE . ORANGE COUNTY CHARTER TO: REQUIRE
FINANCIAL IMPACT STATEMENTS FOR AMENDMENTS OR REVISIONS
PROPOSED BY THE CHARTER REVIEW COMMISSION; PROVIDE FOR THE
CRITERIA AND ADOPTION OF A LOCAL ETHICS CODE; PROVIDE FOR THE
RIGHTS OF CITIZENS TO BE HEARD AND FOR PUBLIC INPUT AT REGULAR
MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS.
Section
TABLE OF CONTENTS
Title Paqe
Introduction 3
Organization and Guidelines 3
Proposed Charter Amendment Concepts 5
Amendments Approved by the Charter Review Commission 13
Conclusion 23
II
III
IV
V
Appendix A Table of Meetings. and Public Hearings
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SECTION I
INTRODUCTION
This report is the final report of the Orange County 2008 Charter Review
Commission (hereinafter referred to as the "2008 CRC" or "Commission"). The 2008
CRC is an independent commission of fifteen (15) Orange County citizens empowered
to conduct a comprehensive study of all aspects of Orange County's government. The
2008 CRC is authorized to place proposed amendments and revisions to the Orange
County Charter (hereinafter referred to as the "Charter") on the ballot of the 2008
general election and such proposed amendments do not require the prior approval from
the Board of County Commissioners. The 2008 CRC has conducted a comprehensive
review of Orange County Charter, and has chosen to place three prospective Charter
amendments on the 2008 general elections ballot for consideration by the electorate.
The 2008 CRC reached this decision after holding numerous public hearings and after
receiving testimony from County officials, staff, constitutional officers, representatives of
community organizations, members of the public and other interested parties.
This report contains a summary of the approach and procedures followed by the
2008 CRC, a discussion of the various potential Charter amendment concepts that
were presented and evaluated by the CRC, a discussion of the CRC's evaluation and
decision regarding the various Charter amendment concepts, the text of the three
proposed Charter amendments and the text and ballot language of a proposal that was
voted down at the July28, 2008 meeting.
SECTION II
ORGANIZATION AND GUIDELINES
The 2008 CRC convened on February 26, 2007, pursuant to Resolution of the
Board of County Commissioners No. 2007-M-05, which formally created the 2008 CRC
on January 30, 2007. Upon formation, the 2008 CRC consisted of fifteen (15)
individuals none of whom were elected officials. At its initial meeting, the 2008 CRC
elected as its Chair, Commissioner Richard Morrison and as its Vice-Chair,
Commissioner Roger Chapin.
At its second meeting on March 19, 2007, the 2008 CRC adopted a number of
procedural guidelines including its operational philosophy which provided that members
address each of the following questions prior to placing an item on the ballot:
1. Is there a problem with the language of the current charter such that ambiguity or
confusion is created?
2. Does the language of the current charter create a substantive issue that hinders
governance of Orange County?
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3. Are there changes to the language of the current charter that could enhance the
governance of Orange County?
4. Is amending the current charter the only practical way to obtain the desired
improvement in the governance of Orange County?
At that same meeting, the CRe adopted the 2004 CRC Rules of Procedure as its
Order of Procedures which included Robert's Rules of Order (Newly Revised, 10th
Edition) for disputing procedural and parliamentary issues.
At the March 19, 2007 meeting, the 2008 CRC also adopted the following order
for receiving public testimony on the issues for potential revisions to the Charter:
1. Discussion by CRC of potential areas of focus/need for change
2. Presentationlrecommendations from county-wide elected officials
3. Presentation/recommendations from senior administrative staff
4. Recommendations from the public
5. Recommendations from the CRC membership
6. Analysis and discussion of recommendations
7. Public hearings on proposed changes (if any)
8. Finalizing of proposed changes (if any)
9. Input from members of previous CRCs
A subcommittee was convened to select legal counsel to the Commission.
Consistent with the practices of prior Charter Review Commissions, the 2008 CRC
selected the law firm of Marchena & Graham, P.A. to provide legal services and
counsel to the Commission on May 21, 2007, and the CRC also approved the selection
of Mrs. Kymberly Joyner, as their administrative assistant to assist with the duties and
responsibilities of organizing meetings and disseminating information to the public.
Throughout the process only two of the original 2008 CRC members appointed
to the Commission resigned. Prior to the initial meeting, Orange County Commissioner
Mildred Fernandez replaced original member Dr. Jorge Lopez with Dr. Miguel Acevedo
after it was discovered that Dr. Lopez was not a resident of Orange County. Later,
Orange County Commissioner Linda Stewart replaced Ms. Sally Holmes with Ms.
Brenda Kolbrich. Shortly after Ms. Kolbrich's appointment she resigned and was
replaced by Mr. Peter Vivaldi, Jr.
The 2008 CRC compiled a list of all prospective Charter amendment ideas or
concepts, regardless of their source, for eventual discussion and evaluation. The
sections of the Charter potentially affected by the various suggestions for change were
identified by the general counsel and the compilation of topics for consideration was
initially distributed at the meeting of the Commission on July 23, 2007.
From February 26, 2007 through August 18, 2008 the 2008 CRC held a total of
forty-eight (49) meetings, including twenty-four (24) regular monthly meetings, nineteen
(19) sub-committee meetings, and eight (8) meetings that were designated and
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advertised as "public hearings." Seven (7) of the public hearings were held in the
locations throughout Orange County's commission districts and outside of the Orange
County Commission Chambers. The Commission held onsite public hearings in each of
the county's six (6) districts and these public hearings gave citizens a unique
opportunity to address the Commissioners with their concerns in their "backyards" as
opposed to the confines of the Orange County Commission Chambers. Because of the
number of residents that reside on the East Side of Orange County, a meeting held on
the border between Commission Districts 4 and 5 was also held to solicit public input
from this area of the County. Pursuant to Section 702 of the Charter, the 2008 CRC
was required to hold no less than four (4) public hearings prior to presenting proposed
Charter revisions and amendments to the public. Attached as Appendix A is a table of
the 2008 CRC Meetings and Public Hearings held during this process.
In addition, to the public hearings, the 2008 CRC provided an opportunity for
public input at each of its regularly scheduled Commission meetings. Throughout the
process, the 2008 CRC heard testimony from members of the public, representatives of
various civic groups such as the League of Women Voters, County Watch, Orange
County Homeowner's Association, and Business Force and from a number of elected
officials including each of Orange County's constitutional officers: Sheriff Kevin Beary,
Supervisor of Elections Bill Cowles, Property Appraiser Bill Donegan, Clerk of Courts
Lydia Gardner, Comptroller Martha Haynie and Tax Collector Earl K. Wood.
SECTION III
PROPOSED CHARTER AMENDMENT CONCEPTS
The 2008 CRC heard from a number of different elected officials and members
of the public who recommended or suggested a variety of charter amendment
concepts. Each was assigned to a Charter commission member for further research
and evaluation. This section contains a summary of each of those proposals along with
the final action taken on each measure by the 2008 CRC.
A. Article II Proposals
1. Increase in the Number of County Commissioners
Proposal Summary: One of the first proposals reviewed by.the 2008 CRC was
a proposal to increase the number of County Commissioners from six (6) to seven (7)
or eight (8) to accommodate for increases in Orange County's population. CRC
Chairman Richard Morrison agreed to research this issue and conducted independent
research on this topic. Chairman Morrison's findings were that the current board
structure was consistent with other similarly situated counties throughout the state and
the country. The proposal would have required the amendment of Sections 202, 203
and 204 of the Charter.
Final Action: The Commission voted to make no changes to this section of the
charter at the Commission meeting held on September 17,2007.
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2. Adjustment of County Commissioner Salaries
Proposal Summary: Based upon the testimony of Orange County
Commissioner Fred Brummer, the 2008 CRC was asked to research options for
reducing Orange County Commissioner salaries during years in which there were
decreased County revenues. CRC Commissioner Christine Curtis was assigned the
responsibility of researching and developing language for this proposal. Several
subcommittee meetings were held and various drafts were proposed. Ultimately, it was
determined by legal counsel that due to the provisions in Florida law salaries of existing
county commissioners could not be immediately lowered and that a legislative change
would be required to reach the intended effect. Furthermore, to adjust the salaries of
future county commissioners based on tax revenues would require a fairly complex
formula using certain parameters. The proposal would have required the amendment of
Sections 205 and 302 of the Charter.
Final Action: The Commission voted to make no changes to this section of the
charter at the Commission meeting held on June 9, 2008.
B. Article VI Proposals
3. Requiring Financial Impact Statements for Amendments or Revisions
Proposed by the Charter Review Commission
Proposal Summary: The 2008 CRC considered whether to propose an
amendment to the Charter that would amend Section 602 and require future Charter
Review Commissions to include a financial impact statement in their final report and in
ballot language submitted to the voters. CRC Chairman Richard Morrison was assigned
research duties on this proposal and held a subcommittee meeting for further input and
to develop proposed language. Initially, the proposal did not require the fiscal impact to
be included in the ballot language because ballot summaries are restricted by Florida
Statutes to seventy-five (75) words or less. However, after further deliberation, the
Commission amended the proposal and voted to require that a summary of the fiscal
impact statement, however brief, be included in the ballot language.
Final Action: The Commission voted to place this measure on the ballot at the
Commission meeting held on July 28,2008 by a unanimous 13~0 vote.
C. Article VII Proposals
4. Modification of the Composition of the Charter Review Commission
Proposal Summary: The 2008 CRC considered whether to propose an
amendment to the Charter that would amend Section 702 of the Charter and modify the
composition and the selection process of future Charter Review Commissions. CRC
Commissioner Kevin Shaughnessy researched this proposal and held several
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subcommittee meetings for further input and to refine proposed language. Initially, the
proposal was limited to the appointment of members from among seven (7) specifically
identified community organizations. Subsequently, the Commission expanded the
number of groups that could nominate individuals for consideration and allowed
individuals without any affiliation to an organization to submit an application.
Final Action: The Commission ultimately voted not to place this measure on the
ballot at the Commission meeting held on July 28,2008 by a 7-6 vote.
5. Modification as to the Frequency by Which the Charter Review
Commission Convenes to Amend the Orange County Charter
Proposal Summary: The 2008 CRC reconsidered whether to propose an
amendment to the Charter that would amend Section 702 and decrease the frequency
by which the Charter Review Commissions meets from once every four (4) years to
once every eight (8) years. This measure was proposed to the voters by the 2004 CRC
but failed. CRC Commissioner Kevin Shaughnessy researched this proposal and held a
subcommittee meeting on March 28, 2008, for further input.
Final Action: The Commission voted to make no changes to this section of the
charter at the Commission meeting held on April 28, 2008.
6. Conversion of the Sheriff's Office from a Constitutional Officer to a
Charter Elected Officer
Proposal Summary: The 2008 CRC considered whether to propose an
amendment to the Charter that would require the Orange County Sheriff to be a charter
elected officer instead of a constitutional officer. CRC Chairman Richard Morrison was
tasked with heading the research of this proposal. Several constitutional offices,
including the Sheriffs office, had previously been charter offices but a proposal by the
1996 CRC commission was approved by the voters converting the positions to
constitutional offices. After several subcommittee meetings on this proposal, a
recommendation was made that the current structure was adequate and should not be
amended but that this might be an area for review by future charter review
commissions. The proposal would require the amendment of Section 703 of the
Charter.
Final Action: The Commission voted to make no changes to this section of the
charter at the Commission meeting held on June 9, 2008.
7. Whether the Elections for Constitutional Officers Should Remain
Partisan Races
Proposal Summary: The 2008 CRC considered whether to propose an
amendment to the Charter that would amend Sections 605 and 703 and require that the
elections for constitutional officers be non-partisan. After legal research it was
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determined that the election of Constitutional officers was preempted by the Florida
Constitution and the only feasible method of eliminating partisan races for these offices
was to convert the positions to Charter offices. CRC Chairman Richard Morrison was
assigned research duties on this proposal.
Final Action: The Commission voted to make no changes to this section of the
charter at the Commission meeting held on April 28, 2008.
8. Better Financial Oversight of the Sheriffs Office
Proposal Summary: The 2008 CRC considered whether to propose an
amendment to the Charter that would amend Section 712 and require additional
financial oversight of the Sheriffs office. Research and public input on this proposal
was combined with the proposal on making the sheriff's office a charter office and with
the proposal revising the provisions regarding the Citizen's Review Board. CRC
Commissioner Kevin Shaughnessy was tasked with heading the research of this
proposal. After several subcommittee meetings on this proposal, a recommendation
was made that the current oversight was sufficient and should not be amended.
Final Action: The Commission voted to make no changes to this section of the
charter at the Commission meeting held on June 9,2008.
9. Requirement for Additional Audits by the Orange County Comptroller
of Certain Governmental Agencies
Proposal Summary: The 2008 CRC considered whether to propose an
amendment to the Charter that would amend Section 712 and require additional audits
of certain governmental agencies. CRC Commissioners Brian Butler and Roger Chapin
were assigned to research this proposal and held a subcommittee meeting in which
testimony was received from the Orange County Comptroller. The current Charter
provides the Comptroller with flexibility and discretion in managing her resources to
conduct audits on as-needed basis while still conducting audits of all constitutional
officers on a periodic basis. The subcommittee recommended that the current audit
procedures were adequate and that the Charter should not be amended.
Final Action: The Commission voted to make no changes to this section of the
charter at the Commission meeting held on April 28, 2008.
10. Appointment Rather Than Election of the Sheriff's Position
Proposal Summary: The 2008 CRC considered whether to propose an
amendment to the Charter that would require the Sheriffs position be appointed rather
than elected. Much like the proposed amendment seeking to change constitutional
offices as non-partisan, it was determined that the election of Sheriff could only be
changed if the position was reverted back to being a charter officer rather than a
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constitutional officer. CRC Chairman Richard Morrison was assigned research duties
on this proposal.
Final Action: The Commission voted to make no changes to this section of the
charter at the Commission meeting held on January 14, 2008.
D. Article VIII Proposals
11. Modifications to the Provisions Regarding the Citizens Review Board
and Oversight of the Sheriffs Office
Proposal Summary: The 2008 CRC considered whether to propose an
amendment to the Charter that would amend Section 801 and modify the provisions
regarding the Citizens Review Board to provide greater oversight of the Sheriff's office.
Research and public input on this proposal was combined with the proposal on making
the sheriff's office a charter office and with the proposal providing greater financial
oversight of the Sheriff's office. CRC Commissioner Brian Butler was assigned research
responsibilities for this proposal. After several subcommittee meetings on this proposal,
a recommendation was made that the current provisions in the Citizen's Review Board
were adequate and should not be amended.
Final Action: The Commission voted to make no changes to this section of the
charter at the Commission meeting held on June 9, 2008.
E. Task Force on Ethics and Campaign Finance Recommendation$
12. Ethics Recommendations
Proposal Summary: In 2007, the Board of County Commissioners established
the Orange County Task Force for Ethics and Campaign Finance Reform ("Task
Force") for purposes of evaluating and assessing the need for local regulation in the
areas of ethics and campaign finance reform. The Task Force issued their
recommendations on January 29, 2008 which included 16 recommendations on ethics
and 4 recommendations on campaign finance reform. The 2008 CRC considered
whether to propose any amendments to the Charter that would implement or codify any
of the recommendations made by the Task Force.
The subcommittee assigned to evaluate the recommendations and proposals
was co-chaired by CRC Commissioners Roger Chapin and Kevin Shaughnessy. The
subcommittee, as well as the Commission, received significant public input from a
number of elected officials, representatives of local civic organizations and members of
the public. On July 8, 2008 the Board of County Commissioners adopted Orange
County Ordinance 2008-15 and a series of executive orders, thereby enacting the
majority of the recommendations by the Task Force and providing for one of the more
stringent local ethics codes in the state.
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After much discussion, deliberation and public input, the 2008 CRC proposed an
amendment to the Charter that would amend Section 707 and modify the existing
provisions regarding the statewide code of ethics. The proposed amendment to the
charter requires that a Local Code of Ethics be adopted and that it contain provisions
requiring the disclosure of financial and business relationships by elected officials and
certain county employees, restricting gifts to the Mayor and Board of County
Commissioners, restricting post-County employment for certain employees, providing
for enforcement provisions and providing that the board and certain employees receive
annual education on ethics issues.
Final Action: The Commission voted to place this measure on the ballot at the
Commission meeting held on July 28,2008 by a majority 11-3 vote.
13. Campaign Finance Reform
Proposal Summary: As part of its campaign finance recommendations, the
Task Force recommended that the identity of any person or entity, owning or controlling
more than a 25% ownership interest in a corporation or LLC be disclosed by the
contributing entity to the candidate. The 2008 CRC considered whether to propose an
amendment to the Charter that would create a new section of the Charter to implement
this Task Force recommendation.
Of further impact, was a 2007 legal decision issued by the Second District Court
of Appeals which was interpreted by legal counsel for the Commission as preempting
county governments from enacting any campaign finance reforms. That appellate
decision was subsequently appealed to the Florida Supreme Court. Although oral
arguments were presented in May 2008, a decision from the Florida Supreme Court
was not issued prior to the completion of the work by the 2008 CRC.
The subcommittee assigned to evaluate the ethics recommendations and
proposals, co-chaired by CRC Commissioners Roger Chapin and Kevin Shaughnessy,
was also responsible for receiving input and drafting proposals on this issue.
Final Action: After much discussion, deliberation and public input, the 2008
CRC voted not to place this measure on the ballot at the Commission meeting held on
July 14, 2008.
F. Other Proposals Considered
14. Right to Be Heard
Proposal Summary: The 2008 CRC considered whether to propose an
amendment to the Charter that would allow for public input at regular meetings of the
Board of County Commission regardless of whether the matter is on the agenda.
Extensive public input was received on this matter, particularly from the League of
Women Voters. The subcommittee assigned to evaluate the ethics and campaign
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finance recommendations, co-chaired by GRG Commissioners Roger Chapin and Kevin
Shaughnessy, was also responsible for receiving input and drafting proposals on this
issue.
Final Action: The Commission voted to place this measure on the ballot at the
Commission meeting held on July 28,2008 by a unanimous 14-0 vote.
15. Enhancing the County's Green Consciousness
Proposal Summary: The 2008 CRC considered whether to propose an
amendment to create a section in the Charter that would require the county to
undertake more environmentally friendly measures (also referred to as "Going Green").
CRG Commissioners Roger Chapin and Trevor Hall researched the issues and held a
subcommittee meeting to hear testimony from Lori Cunnif, Manager of the Orange
County Environmental Protection Division. It was the finding of the subcommittee that
Orange County is a leader in a number of eco-friendly measures and is already
undertaking projects to offer incentives for fuel and energy efficiencies. The
subcommittee recommended that the County continues its current practices and that
the Charter should not be amended to include any "green" requirements.
Final Action: The Commission voted to make no changes to this section of the
charter at the Commission meeting held on April 28, 2008.
16. Consolidation of Services
Proposal Summary: In 2004, the Charter Review Commission placed a
measure on the ballot creating a Consolidation of Services Study Commission to
evaluate and assess issues related to the consolidation of City of Orlando and Orange
County services. The recommendations of that commission were issued in 2006. The
2008 CRC considered whether to propose an amendment to the Charter that would
require either the implementation of some of those recommendations or the creation of
a new standing commission to review the feasibility for the consolidation of services,
and primarily fire services, between Orange County and any municipalities within its
jurisdiction. CRC Chairman Richard Morrison was assigned the task to research the
issues related to this matter. A subcommittee was held with significant input from city
and county officials in which a review of the Consolidation Study Commission's
recommendations were considered along with any progress undertaken by the City of
Orlando and Orange County since those recommendations were made. After further
consideration, it was recommended that the County and the City continue to implement
and undertake the recommendations made by the study commission and that perhaps
the progress made by these entities be reviewed in 2012 when the next Charter Review
Commission reconvenes.
Final Action: The Commission voted to make no changes to this section of the
charter at the Commission meeting held on June 23, 2008.
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17. Redistricting of County Districts Every Five Years
Proposal Summary: Based upon the testimony of Orange County
Commissioner Linda Stewart, the 2008 CRC was asked to consider the feasibility of
redistricting County Commission districts every five years instead of every ten years to
accommodate for disproportionate growth in population in certain County Commission
districts. CRC Commissioner Sharon Wilson was assigned to research this issue and
draft any proposals. Upon information from the Supervisor of Elections Office and the
County Budget Office. it was established that the costs to redistrict the County
Commission districts every five years result in a significant fiscal impact.
Final Action: The Commission voted to make no changes to this section of the
charter at the Commission meeting held on June 23, 2008.
18. Reapportionment or Redistribution of County Resources for County
Commissioners' Staffs Based on Population Every Five Years
Proposal Summary: As a follow-up to the testimony of Orange County
Commissioner Linda Stewart, the 2008 CRC was asked to consider a measure that
would create a section in the charter and provide for the appropriation of a certain fixed
amount of county funds by county commission district but with an opportunity to
reapportion those funds based on the population in the County every year. CRC
Commissioner Sharon Wilson was assigned to research this issue and draft any
proposals. Upon information from the County's Office of Budget and Management, it
was determined that nothing in the Charter or the county's ordinance prohibits a County
Commissioner from seeking a higher budget request for his or her district.
Final Action: The Commission voted to make no changes to this section of the
charter at the Commission meeting held on June 23, 2008.
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AMENDMENTS APPROVED BY THE
2008 CHARTER REVIEW COMMISSION
TO BE PLACED ON THE 2008 GENERAL ELECTION
QUESTION #1
A. Introduction: This section of the Final Report regarding Question #1 pertains to
the Charter Review Commission's decision to place a question on the ballot that would
require all future Charter Review Commissions to include in their reports to the Board of
County Commissioners an analysis and financial impact statement of the estimated
revenues or costs to the county or local governments, or citizens of the proposed
amendments or revisions.
B. Ballot Proposal: The ballot title and question for Question #1 are as follows:
AMENDMENT REQUIRING FINANCIAL IMPACT STATEMENTS FOR AMENDMENTS
OR REVISIONS PROPOSED BY THE
CHARTER REVIEW COMMISSION
(15 words)
Shall the Orange County Charter be revised to require that all future Charter Review
Commissions include, in their reports to the Board of County Commissioners, an
analysis and financial impact statement of the estimated increase or decrease in any
revenues or expenses to county or local governments and the citizens resulting from
the proposed amendments or revisions and that a summary of such analysis be
included on the ballot? (69 words)
Yes
No
C. Text Revisions: Section 702 of the Orange County Charter is amended to read
as follows:
Section 702. Charter Review Commission.
A. A Charter Review Commission shall be appointed by the board. The Charter
Review Commission shall consist of not less than eleven (11) members and not more
than fifteen (15) members. All members of the Charter Review Commission shall be
electors of the County. No elected official shall be appointed as a member of the
Charter Review Commission.
B. The Charter Review Commission shall be empowered to conduct a
comprehensive study of any or all phases of County Government. The Charter Review
Commission shall be appointed no later than February 1, of the year prior to a
Presidential election year and shall adjourn sine die no later than the Monday following
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that election. A Charter Review Commission will be appointed on a four year cycle. A
Charter Review Commission may, during its term, place proposed amendments and
revisions of the Charter on the ballot at general elections only, provided providing a
report of the proposed changes has been delivered to the Clerk of the Board of County
Commissioners at least 60 days prior to the election. The report shall include an
analvsis and financial impact statement of the estimated increase or decrease in any
revenues or costs to the county or local aovernments or to the citizens resulting from
the proposed amendments or revisions. The Charter Review Commission shall reauest
that the Oranae County Comptroller or another independent entity or aaency prepare
such an analysis. The Charter Review Commission shall include a summary of the
analysis or financial impact statement on the ballot language for any proposed changes
to the Charter. Such amendments or revisions do not require the approval of the Board
of County Commissioners.
C. The Charter Review Commission shall hold no less than four (4) public hearings
prior to presenting proposed Charter revisions and amendments to the public.
D. The Charter Review Commission shall create and elect appropriate officers as it
deems necessary and proper for the orderly conduct of its specific duties.
E. The Board shall defray any reasonable expenses of the Charter Review
Commission.
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QUESTION #2
A. Introduction: This section of the Final Report regarding Question #2 pertains to
the Charter Review Commission's decision to place a question on the ballot that would
codify some of the recommendations of the Orange County Task Force for Ethics and
Campaign Finance Reform and Orange County Ordinance 2008-15, adopted by the
Orange County Board of County Commissioners. The proposed Charter amendment
provides for the adoption of a Local Code of Ethics that shall contain certain provisions
including the disclosure of financial and business relationships, restrictions on gifts to
the board of county commissioners, post-employment restrictions for certain
employees, enforcement provisions and annual educational sessions on best ethical
practices for certain employees.
B. Ballot Proposal: The ballot title and question for Question #2 are as follows:
AMENDMENT REQUIRING A LOCAL CODE OF ETHICS
AND DISCLOSURE OF BUSINESS AND FINANCIAL RELATIONSHIPS
(14 words)
Shall the Orange County Charter be amended to require that a Local Code of Ethics be
adopted that, among other things, shall contain provisions requiring the disclosure of
financial and business relationships by elected officials and certain county employees,
restricting gifts to the Mayor and Board of County Commissioners, restricting post-
County employment for certain employees, providing for enforcement provisions and
providing that the board and certain employees receive annual educational sessions on
ethics? (73 words)
Yes
No
C. Text Revisions: Section 707 of the Orange County Charter is amended to read
as follows:
Section 707 - Code of Ethics
A. The Local Code of Ethics shall be construed and interpreted in such a way
to protect the public's trust and to promote open and accountable
aovernment in Oranae County. Preserving the public's trust shall be
paramount in enforcina the Local Code of Ethics. and it shall be
interpreted consistent with the purposes and intent of the Local Code of
Ethics.
B. The Citizens of Orange County are entitled to a government that
embraces best ethical practices and full disclosure of conflicts of interest
involving County employees or elected officials. All votes of the board,
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and actions of the Mayor. the County Commissioners and County
employees. shall be made or taken in the best interests of the citizens of
Orange County. free of any undisclosed conflicts of interest.
C. In order to provide a hioh level of transparency and ethical conduct under
charter oovernment. the board shall adopt a Local Code of Ethics
applicable to the board of county commissioners and to those employees
reauired to file financial disclosure under state law or who participate in
the county procurement Process. Such code. though more stringent than
general law. shall not place the board of county commissioners or county
employees in conflict with the state ethics code. or any other provision of
federal or state law. and at a minimum shall provide for:
1. additional financial and business relationship disclosure:
2. restrictions on gifts to the board of county commissioners:
3. under the auspices of an apparent conflict of interest concernino
matters involving a prior business associate of any member of the board.
disclosure and abstention from votina for a reasonable period of time
followina termination of the business associate relationship:
4. approval by the board on development related matters ordinarily subiect
to final approval by county staff where the applicant or any person havino
a beneficial interest in the outcome of the matter is a business associate.
family member. or employer of a member of the board:
5. reasonable post-employment restrictions for employees: and
6. subiect to the attainment of the same type of confidentiality provisions
available to the State Commission on Ethics under aeneral law. an
enforcement process to provide for due process. penalties. and appeals.
all within a reasonable time frame.
Implementation of the provisions of this subsection shall be by ordinance
adopted either prior to the effective date of this provision or by no later
than January 1. 2010.
D. The board of county commissioners and those employees required to file
financial disclosure under state law or who participate in the county
procurement process shall be reauired to receive at least annual
educational sessions on best ethical practices and current trends in ethics
issues.
E. The State Code of Ethics, as provided by general law, shall have full
effect on all employees and officeholders under the charter government.
Penalty for violation of the State Code of Ethics shall be as provided by
general law.
F. Any Local Code of Ethics adopted prior to the effective date of this section
shall. if necessary. be amended so as to comply with the provisions of this
section.
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QUESTION #3
A. Introduction: This section of the Final Report regarding Question #3 pertains to
the Charter Review Commission's decision to place a question on the ballot providing
citizens with the right to appear before the board on certain matters and providing that
at least fifteen minutes of each Board of County Commission regular meeting will be set
aside for citizens to speak to the board on any matter of public interest under the
board's authority and jurisdiction regardless of whether the public issue is on the
board's agenda.
B. Ballot Proposal: The ballot title and question for Question #3 are as follows:
AMENDMENT PROVIDING CITIZENS WITH THE RIGHT TO PUBLIC INPUT AND
THE RIGHT TO BE HEARD
(16 words)
Shall the Orange County Charter be amended to provide citizens the right to appear
before the Board of County Commissioners for presentations on issues within the
county's authority, to require the Board to set aside at least fifteen minutes before each
meeting for citizens to speak on any matter regardless of whether the item is on the
board's agenda and to allow the board to adopt rules for the orderly conduct of public
meetings? (74 words)
Yes
No
c. Text Revisions: Sections 106 and 209 of the Orange County Charter are
amended to read as follows:
Sec. 106. Security of the citizens.
The Charter form of Qovernment protects and serves the citizens of the county. In
order to secure to the citizens of the county protection against abuses and
encroachments, the county shall use its powers to secure for all citizens by ordinance
or by civil or criminal action, whenever appropriate, the following:
A. Just and equitable taxation.
B. Proper use of public property.
C. Full disclosure of public records and proceedings.
D. Prevention of abuse of the environment.
E. The right to be heard and provide public input.
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Sec. 209. Meetings.
A. Meetinas of the Board. The board shall meet regularly, at such times and places
as the board may prescribe by rule. The board shall determine its own rules and order
of business. including establishing rules to enable the board to conduct orderly and
efficient meetings while preserving the opportunity for citizen input.
B. The Right to be Heard and the Right to Public Input. Any citizen has the right to
appear before the board on an agenda item for the presentation. adiustment or
determination of an issue. matter or reauest within the county's authority and
iurisdiction, so far as the orderly conduct of public business permits. Matters shall be
reasonably scheduled for the convenience of the aeneral public. and specific portions of
each agenda shall provide for designated times so that the public may know when a
matter has been scheduled. In addition, to encourage and ensure citizen participation in
county government and to afford citizens an opportunity to speak to the board. the
board shall set aside at least 15 minutes at the beginning of each regular meeting of the
board for citizens to speak to the board on any matter of public interest under the
board's authority and iurisdiction regardless of whether the public issue is on the
board's agenda. The provisions of this subsection. however, shall not be construed to
supersede. supplement. or modifv any citizen participation process established in state
law for public hearings before the board. such as the procedures for quasi-iudicial
hearings. Nor shall the provisions of this subsection be used to avoid. supersede or
modifv the County's procurement and lobbying ordinances, including, but not limited to.
the "protest process" and "black out period."
C. Special Meetings. Special meetings may be held on the call of the county mayor
or of three or more board members, upon no less than twelve hours' effective notice to
each board member, except in the event of an emergency. Effective notice is notice
served personally, or left at the usual place of residence or place of business of the
particular board member sought to be notified.
D. Reservation of Citizen Rights. Nothing in this section shall be construed to limit
or restrict a citizen's riahts created by local or state statute. law. ordinance. or
regulation.
18
BALLOT LANGUAGE APPROVED BY THE
2008 CHARTER REVIEW COMMISSION
BUT REJECTED FOR PLACEMENT ON THE BALLOT
A. Introduction: This section of the Final Report pertains to the Charter Review
Commission's decision to not to place a question on the ballot concerning whether to
change the composition and selection process of future Charter Review Commissions
to broaden citizen participation in the Charter Review Commission process. The
question was considered but voted down by a 7-6 vote.
B. Ballot Proposal: The ballot title and question proposed but not accepted are as
follows:
AMENDMENT BROADENING AND DIVERSIFYING THE COMPOSITION AND
SELECTION PROCESS FOR CHARTER REVIEW COMMISSION MEMBERS
(14 words)
Shall the Orange County Charter be revised to provide that members of future Charter
Review Commissions may include nominees from established and recognized non-
profit, civic, and business association entities and such nominees shall be submitted to
the Board of County Commissioners for consideration and appointment to the Charter
Review Commission? (50 words)
Yes
No
C. Text Revisions: Section 702 of the Orange County Charter is amended to read
as follows:
Section 702. Charter Review Commission.
A. ^ Charter Revie':: Commission shall be appointed by the board. Tho Charter
Review Commission shall consist of not less than eleven (11) members and not more
than fifteen (16) members. /\11 members of the Charter Review.' Commission Ghall bo
eleotors of the County. No elected offioial shall be appointed as a member of the
Charter Review Commission. A Charter Review Commission. consisting of not less than
eleven and no more than fifteen members. shall be appointed as follows:
(j) Each County Commissioner shall be entitled to appoint one member. at
larQe. and the Mayor shall be entitled to appoint two members. at laroe. subiect to the
approval of the Board of County Commissioners.
Oi) In addition. each County Commissioner and the Mayor shall appoint one
member from a select list of interested individuals compiled in the followina manner:
19
(a) Established and recoonized non-profit, CIVIC. and business
association oroups or entities (each an "Interested Entity"), doina business or
operating in Orange County such as the Chief Judae of the Ninth Judicial Circuit.
County Watch, the Florida League of Cities, the Hispanic Chamber of Commerce
of Metro Orlando. the Leaaue of Women Voters of Orange County. the
Metropolitan Orlando Urban League, the National Association for the
Advancement of Colored People, the National Association of Industrial and
Office Properties. and the Orlando Regional Chamber of Commerce, may
identify one person to serve as the Interested Entity's nominee; or..
(b) individuals not nominated bY an Interested Entity, but interested in
servina on the Charter Review Commission. may applY by completino an
Advisory Board Application for Appointment (or similar form).
(iii) The nominee names shall be submitted by any Interested Entity or by an
individual to the County Administrator or his or her designee on or before January 2 of
the year prior to the presidential election year. A nominee submitted by an Interested
Entity may be asked to complete an interest form or an Advisory Board Application for
Appointment (or similar form) as desianated by the Board of County Commissioners.
(iv) If less than seven nominee names are identified in this process, then the
members of the Charter Review Commission shall be selected by each Commissioner
in reverse order of seniority. until the list is exhausted. The Mayor may choose his or
her appointee from the list first. and all selected individuals shall be approved by the
Board. Anv Commissioner who does not have the opportunity to select from the list may
nominate another individual. at laroe, to be approved by the Board of County
Commissioners.
(v) Reasonable notice of the application process shall be made available on
Oranoe County's website and through any other reasonable means provided by Orange
County to its citizens of similar appointments.
All members of the Charter Review Commission shall be electors of Oranoe County. No
elected official shall be appointed as a member of the Charter Review Commission.
B. The Charter review commiSSion shall be empowered to conduct a
comprehensive study of any or all phases of county government. The Charter review
commission shall be appointed no later than February 1, of the year prior to a
presidential election year and shall adjourn sine die no later than the Monday following
that election. A Charter review commission will be appointed on a four-year cycle. A
Charter review commission may, during its term, place proposed amendments and
revisions of the Charter on the ballot at general elections only, provided a report of the
proposed changes has been delivered to the clerk of the board of county
commissioners at least sixty (60) days prior to the election. Such amendments or
revisions do not require the approval of the board of county commissioners.
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C. The Charter Review Commission shall hold no less than four (4) public hearings
prior to presenting proposed Charter revisions and amendments to the public.
. D. The Charter Review Commission shall create and elect appropriate officers as it
deems necessary and proper for the orderly conduct of its specific duties.
E. The Board shall defray any reasonable expenses of the Charter Review
Commission.
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SECTION V
CONCLUSION
APPROVED BY THE 2008 ORANGE COUNTY CHARTER REVIEW COMMISSION
ON THIS 18th DAY OF AUGUST 2008.
RICHARD MORRISON, CHAIRMAN
ROGER CHAPIN, VICE CHAIRMAN
KEVIN SHAUGHNESSY
CHRISTINE CURTIS
BRIAN BUTLER
ANGEL DE LA PORTILLA
DR. MIGUEL ACEVEDO
SHARON WILSON
PETER VIVALDI, JR.
LARRY GODWIN
TREVOR HALL, JR.
DR. FRANK SMITH
DEBI VANESSA RUMPH
SHANNON MCALEAVEY
JOHN MILLER
Prepared by:
DIEGO "WOODY. RODRIGUEZ
CRC GENERAL COUNSEL
KYMBERL Y JOYNER
CRC ADMINISTRATIVE ASSISTANT
22
APPENDIX A
TABLE OF REGULAR & SPECIAL MEETINGS AND PUBLIC HEARINGS
)),\TF LOCATlO~ SPEAhFRS TYPE
()F
'\IFFTIN(;
02/26/2007 BCC Chambers
03/19/2007 BCC Chambers
04/30/2007 BCC Chambers
OS/21/2007 BCC Chambers
06/25/2007 BCC Chambers
07/23/2007 BCC Chambers
08/20/2007 BCC Chambers
09/17/2007 BCC Chambers
10/15/2007 BCC Chambers
10/15/2007 BCC Chambers
01/14/2008 BCC Chambers
02/25/2008 BCC Chambers
03/05/2008 Offices of
Marchena &
Graham, P.A.
03/11/2008 Cypress Rooms
2nd Floor,
Orange
County
Administration
Building
03/11/2008 Cypress Rooms
2nd Floor,
Orange
County
Administration
Buildin
03/20/2008 Offices of
Marchena &
Graham, P.A.
Mayor Crotty, Jim Moye, Chief Deputy
Comptroller, Kurt Peterson, Assistant Manager
of Office of Management & Budget, Tom
Ora e Jr. Coun Attorne
NONE
Bill Donegan, Property Appraiser, Elaine
Walker Purchasin & Contracts Division
Commissioner Fred Brummer
Martha Haynie, Orange County Comptroller,
Lydia Gardner, Orange County Clerk of Courts,
Jud Bra Pardo & Debra Fountain
Commissioner Teresa Jacobs
Commissioner Teresa Jacobs, Sheriff Kevin
Bea
Earl K. Wood
NONE
Public
NONE
Jimm Goff
Jack Dougherty, Orange County Attorney's
Office
Martha Haynie, Orange County Comptroller,
Carl Smith & Chris Dawkins, Orange County
Comptroller's Office
Lori Cunnif, Manager, Orange County
Environmental Protection Division
Linda Rhinesmith, City of Orlando
Business Meeting
Business Meetin
Business Meeting
Business Meetin
Business Meeting
Business Meetin
Business Meeting
Business Meetin
Business Meettn
Public Hearing,
District 3
Business Meetin
Business Meetin
Sub-Committee Meeting
Citizen Review Board &
Oversight of the Sheriff's
Office - 10:00 a.m.
Sub-Committee Meeting
Authorization of
Additional or Requisite #
of Audits by The
Comptroller of Certain
Governmental Agencies
- 2:00 .m.
Sub-Committee Meeting
Enhancing the County's
Green Consciousness
- 3:00 p.m.
Sub-Committee Meeting
Economic Impact
Statements on
Future Charter Review
Changes, And Whether
the Election of
Constitutional Officers
should Remain as
Partisan Races
- 9:00 a.m.
23
03/20/2008 Offices of Linda Rhinesmith, City of Orlando, and various Sub-Committee Meeting
Marchena & Fire Chiefs and Firemen from Orange County, Consolidation of
Graham, P.A. City of Orlando, and Union Representatives Services (Fire Services)
-10:00 a.m.
03/20/2008 Offices of NONE Sub-Committee Meeting
Marchena & Adjustment of Salaries
Graham, P.A. for County
Commissioners & the
Mavor - 12:00 n.m.
03/24/2008 Conference NONE Sub-Committee Meeting
Room A, Composition of the
3rd Floor, Charter Review
Orange Commission; the
County Frequency by which the
Administration Charter Review
Building Commission Convenes,
and Ethics and
Campaign Finance
Reform - 3:00 p.m.
03/24/2008 BCC Chambers Martha Havnie Orenae Countv Comotroller Business Meetina
04/08/2008 Conference Roo Representatives from the League of Women Sub-Committee Meeting
OMB, 3rd Floor, Voters Ethics and Campaign
Orange County Finance Reform
Administration - 9:15 a.m.
Buildina
04/14/2008 East Orange Lori Cunnif, Manager Orange County Business Meeting
Community Cent Environmental Protection Division, Jackie - 4:30 p.m.
Torbert, Manager of the Water Division at Public Hearing
Utilities - 5:30 p.m.
(Districts 4 & 5)
04/15/2008 C~ress Rooms Jack Dougherty, Orange County Attorney's Sub-Committee Meeting
2" Floor, Office re: Abolition of the
Orange Sheriff's Office &
County Creation of Charter
Administration Elected Sheriff; Better
Building Financial Oversight of
The Sheriffs Office; and
Review Board &
Oversight of the
Sheriffs Office
-10:00 a.m.
04/28/2008 BCC Chambers NONE Business Meetina
05/05/2008 Englewood NONE Business Meeting
Community -4:30 p.m.
Center Public Hearing
- 5:30 p.m.
(District 3)
05/12/2008 Marston NONE Business Meeting
Community - 4:30 p.m.
Center Public Hearing
- 5:30 p.m.
(District 6)
05/19/2008 Cooperation Commissioner Linda Stewart, Public Citizens Business Meeting
Extension - 4:30 p.m.
Center (a1k/a Public Hearing
The Ag Center) - 5:30 p.m.
(District 4)
24
06/02/2008 Conference
Room A,
3rd Floor,
Orange
County
Administration
Buildin
06/02/2008 Conference
Room A, 3rd
Floor, Orange
County
Administration
Building
06/02/2008 S1. Paul's
Presbyterian
Church
06/09/2008 Apopka City
Hall
06/09/2008 Apopka City
Hall
06/16/2008 St. Margaret
Mary Church
06/16/2008 S1. Margaret
Mary Church
Members from Business Force, Orlando
Chamber of Commerce, Representatives from
the League of Women Voters, Public Citizens
Members from Business Force, Orlando
Chamber of Commerce, Representatives from
the League of Women Voters, Public Citizens
Commissioner Teresa Jacobs, Public Citizens
Representative from Orange County Sheriffs
Office, Jack Dougherty, Orange County
Attorney's Office
Commissioner Fred Brummer
Representatives from the League of Women
Voters
Commissioner Bill Segal
06/23/2008 BCC Chambers Commissioner Mildred Fernandez, Public
06/30/2008 BCC Chambers
07/07/2008 Conference
Room C, 3fd
Floor, Orange
County
Administration
Buildin
NONE
Representatives from Business Force, Orlando
Chamber of Commerce, Jack Dougherty,
Orange County Attorney's Office
Sub-Committee Meeting
re: Ethics & Campaign
Finance Reform -
9:30 a.m.
25
Room C, 3m Chamber of Commerce, Jack Dougherty, re: Ballot Language for
Floor, Orange Orange County Attorney's Office Approved Proposals
County -1:30 p.m.
Administration
. BuildinQ
07/07/2008 BCC Chambers Public Business MeetinQ
07/14/2008 BCC Chambers Mayor Richard Crotty, Tom Drage, Jr., Orange Business Meeting
County Attorney. Public
07/22/2008 Cypress Room I, Mayor Richard Crotty, Bob Guthery, Sub-Committee Meeting
2nd Floor, Representatives from the League of Women re: Ethics & Citizen Bill
Orange County Voters of Rights - 3:30 p.m.
Administration
Buildina
07/23/2008 Cypress Room I, NONE Sub-Committee Meeting
2nd Floor, re: Ballot Language on
Orange County Approved Proposals
Administration - 9:30 a.m.
BuildinQ
07/28/2008 BCC Chambers Representatives from the League of Women Business Meeting
Voters, Business Force, Orlando Chamber of
Commerce Public
. 08/18/2008 BCC Chambers NONE Final Business Meetina
26