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Consolidation Commission

Consolidation Commission. Training Session Board of County Commissioners Chambers April 6, 2005. Consolidation Commission. Consolidation Commission. Timeline Funding & Budget Temporary Staffing Organizational Structure. Consolidation Commission. Timeline Funding & Budget

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Consolidation Commission

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

  2. Consolidation Commission

  3. Consolidation Commission • Timeline • Funding & Budget • Temporary Staffing • Organizational Structure

  4. Consolidation Commission • Timeline • Funding & Budget • Temporary Staffing • Organizational Structure

  5. 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

  6. Consolidation Commission • Timeline • Funding & Budget • Temporary Staffing • Organizational Structure

  7. Consolidation Commission • Funding & Budget • Orange County funding: • Attorney • Administrative Assistant • Executive Director • Office space/supplies

  8. Consolidation Commission • Timeline • Funding & Budget • Temporary Staffing • Organizational Structure

  9. 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

  10. Consolidation Commission • Timeline • Funding & Budget • Temporary Staffing • Organizational Structure

  11. Consolidation Commission County Staff Liaison City StaffLiaison Executive Director Attorney Administrative Staff Assistant Consolidation Commission • Organizational Structure ** Hired Executive Director

  12. Consolidation Commission County Staff Liaison City StaffLiaison Administrative Staff Assistant Attorney Consolidation Commission • Organizational Structure ** No Executive Director

  13. 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

  14. 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

  15. Legal Issues: Sunshine Law • Purpose: Ensure public access to the decision-making process of public boards and committees

  16. Legal Issues: Sunshine Law • Sunshine Law Applies: When two or more Commission members are gathered to discuss some matter which may foreseeably come before the Commission

  17. Legal Issues: Sunshine Law • Meeting Requirements • Open to public • Prior reasonable notice • Minutes must be taken

  18. Legal Issues: Sunshine Law • “Meetings” Can Mean: • Hallway talks • Phone calls • Notes and memos • Messages from mutual friends • Messages from staff

  19. 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

  20. Legal Issues: Public Records Law • Purpose: Allows any person to inspect and examine public records

  21. Legal Issues: Public Records Law • Includes notes, memoranda and emails produced in relation to Commission business

  22. 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

  23. 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

  24. Legal Issues: Conflict of Interest • Purpose: Designed to protect against use of a public position for individual gain

  25. Legal Issues: Conflict of Interest • Voting Rules: Must vote unless you have a conflict of interest or an appearance of a conflict of interest

  26. 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

  27. 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

  28. Legal Issues: Financial Disclosure • Purpose: Prevent committee members from being inappropriately influenced by special interests

  29. 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

  30. 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

  31. 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

  32. Legal Issues: Consolidation & Transfer of Powers • 1968 Constitution • Broadened powers of local government regarding home rule • Resulted in duplicate functions by cities and counties • Constitutional Provisions • Consolidation • Transfer of powers

  33. Legal Issues: Consolidation • 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

  34. Legal Issues: Consolidation • Process • Special Act; and • Vote of electors of county or vote of electors of county and affected municipalities (Dual Referendum)

  35. 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 Utilities Orange County Library District

  36. 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

  37. 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 Utilities Orange County Library District

  38. Legal Issues: Transfer of Powers • Process • Law or resolution of affected governments, and • Dual referendum, or • As otherwise provided by law

  39. 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

  40. Legal Issues: Charter Provision • 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

  41. Legal Issues: Ordinance • 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

  42. 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

  43. Legal Issues: Status of Law Suit Challenging Charter Amendment • 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

  44. 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

  45. 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

  46. Legal Issues: Rules of Procedure • BCC • CRC • Robert’s Rules

  47. 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

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

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